Agenda packet, first session — Malibu City Council, September 23, 2024 (part 1 of 5)

PLEASE DOWNLOAD THE AGENDA DOCUMENT FOR

INSTRUCTIONS ON HOW TO PARTICIPATE IN THE MEETING
Meeting Agenda
240923_AMENDED_AGENDA.PDF
Item 3B2
Approve Warrants
CC240923_ITEM 3B2.PDF
Item 3B3
Approval of Minutes
CC240923_ITEM 3B3.PDF
Item 3B4
Receive and File Notice of Intention to Amend the Conflict of Interest Code CC240923_ITEM 3B4.PDF
Item 3B5
Resolution Extending the Declaration of the Existence of a Local Emergency Regarding Conditions on Pacific Coast Highway (PCH)
CC240923_ITEM 3B5.PDF
Item 3B6
Malibu Arts Association Art Show Fee Waiver
CC240923_ITEM 3B6.PDF
Item 3B7
Award Bluffs Park Roof Replacement Project

1. Documents:

2. Documents:

3. Documents:

4. Documents:

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6. Documents:

7. Documents:

CC240923_ITEM 3B6.PDF
Item 3B7
Award Bluffs Park Roof Replacement Project
CC240923_ITEM 3B7.PDF
Item 3B8
Agreement for Annual Routine Street Maintenance Services CC240923_ITEM 3B8.PDF
Item 3B9
Agreement for Citywide Tree Maintenance Services
CC240923_ITEM 3B9.PDF
Item 3B10
Agreement for Annual Street Sweeping Services
CC240923_ITEM 3B10.PDF
Item 3B11
Professional Services Agreement for PCH Median Improvements – Paradise Cove and Zuma Beach
CC240923_ITEM 3B11.PDF
Item 3B12
Los Angeles County Measure R Transportation Funding Agreement Amendment CC240923_ITEM 3B12.PDF
Item 3B13
Amendment to Professional Services Agreement with Kimley Horn and Associates, Inc CC240923_ITEM 3B13.PDF
Item 3B14

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14. CC240923_ITEM 3B13.PDF
Item 3B14
Planning Clearances Issued for Formula Retail Businesses within Cross Creek Ranch Shopping Center (Location: 23465 Civic Center Way) pursuant to Settlement Agreement between City of Malibu and Cross Creek Ranch Malibu, LLC CC240923_ITEM 3B14.PDF
Item 3B15
Professional Services Agreements for Contract Planning Services CC240923_ITEM 3B15.PDF
Item 3B16
Amendment to Agreement with Santa Monica-Malibu Unified School District CC240923_ITEM 3B16.PDF
Item 4A
Adoption of Housing Element and Code Amendments
CC240923_ITEM 4A (FOR POSTING).PDF
Item 6A
Support for Santa Monica-Malibu Unified School District (SMMUSD) General Obligation Bond Measure MM on the November 5, 2024 Ballot
CC240923_ITEM 6A.PDF
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HOW TO VIEW THE MEETING: The meeting will be live streamed at www.malibucity.org/video and via Zoom Webinar.

HOW TO PARTICIPATE BEFORE THE MEETING: Members of the public are encouraged to submit email correspondence to [email protected] before the meeting begins.

HOW TO PARTICIPATE IN-PERSON DURING THE MEETING: Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate in-person, each speaker must complete and submit to the Recording Secretary a Request to Speak form. In-person participants may also surrender their opportunity to speak on a particular item to defer one minute to another in-person speaker.

HOW TO PARTICIPATE REMOTELY DURING THE MEETING: Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate remotely, you must be present in the Zoom Webinar during the item that you would like to speak on and use the Raise Hand feature to request to speak when the Mayor calls the item. When you join the Zoom Webinar you may see a pop-up asking you to enter an email address, but a valid email address is not required. Be advised that those participating via Zoom do so at their own risk; remote participants should not expect the meeting to be cancelled or continued due the inability of some members of the public to access the remote meeting.

Amended1 Malibu City Council
Regular Meeting Agenda
Monday, September 23, 2024
6:30 P.M. – CITY COUNCIL REGULAR MEETING
City Hall – Council Chambers
23825 Stuart Ranch Road
Zoom Webinar Link:
https://us02web.zoom.us/j/81243772185
Six-thirty p.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
Pledge of Allegiance
Report on Posting of Agenda – September 13, 2024; Amended Agenda posted September 20, 2024 Approval of Agenda
1 See the addition of Consent Calendar Item Nos. 3.B.14., 3.B.15., 3.B.16 and New Business Item No. 6.A.

AMENDED City Council Regular Meeting Agenda Page - 2 - September 23, 2024

1. Ceremonial/Presentations
None.

2. Written and Oral Communications from the Public
A. Communications from the Public concerning matters which are not on the agenda but for which the City Council has subject matter jurisdiction. City Council may not act on these matters except to refer the matters to staff or schedule the matters for a future agenda.

B. Commission / Committee / City Manager Updates
C. City Council Subcommittee reports / Mayor and Councilmember meeting attendance, reports and inquiries

3. Consent Calendar
A. Previously Discussed Items
None.

B. New Items

1. Waive Further Reading
Recommended Action: After the City Attorney has read the title, waive full reading of ordinances considered on this agenda for introduction on first reading and/or second reading and adoption.

Staff Contact: Interim City Attorney Rusin, 456-2489, ext. 228

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 73527-73657 on the register from the General Fund and direct the City Manager to pay out the funds to each of the claimants listed in Warrant Register No. 754 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $3,687,136.00. City of Malibu payroll check number 5484 and ACH deposits were issued in the amount of $444,039.61.

Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224

3. Approval of Minutes
Recommended Action: Approve the minutes for the August 12, 2024 Regular Meeting.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228 AMENDED City Council Regular Meeting Agenda Page - 3 - September 23, 2024

4. Receive and File Notice of Intention to Amend the Conflict of Interest Code Recommended Action: Receive and file the Notice of Intention to Amend the Conflict of Interest Code.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228

5. Resolution Extending the Declaration of the Existence of a Local Emergency Regarding Conditions on Pacific Coast Highway (PCH)
Recommended Action: Adopt Resolution No. 24-47 extending the declaration of the existence of a local emergency related to the increase of reckless and illegal driving on pacific coast highway and directing staff to coordinate efforts with other governmental agencies to increase attention and create programs to reduce the risk and danger associated with pacific coast highway in the City.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228

6. Malibu Arts Association Art Show Fee Waiver
Recommended Action: Approve the request from the Malibu Arts Association to waive facility use fees, staffing costs, and permit fees for an Art Show event at Legacy Park.

Staff Contact: Community Services Director Riesgo, 456-2489, ext. 350

7. Award Bluffs Park Roof Replacement Project
Recommended Action: 1) Approve the award of bid and authorize the Mayor to execute an agreement with AC Pros, Inc. in the amount of $136,180 for the construction of the Bluffs Park Roof Replacement Project, Specification No. 2110; and 2) Authorize the Public Works Director to approve any potential change orders up to 20%.

Staff Contact: Public Works Director DuBoux 456-2489, ext. 339

8. Agreement for Annual Routine Street Maintenance Services Recommended Action: Authorize the Mayor to execute an agreement with Burns Pacific Construction, Inc. (Burns) for annual routine street maintenance services.

Staff Contact: Public Works Director DuBoux 456-2489, ext. 339

9. Agreement for Citywide Tree Maintenance Services
Recommended Action: Authorize the Mayor to execute an agreement with Newbury Park Tree Services, Inc. for Citywide Tree Maintenance Services in the amount not to exceed $75,000 annually.

Staff Contact: Public Works Director DuBoux 456-2489, ext. 339 AMENDED City Council Regular Meeting Agenda Page - 4 - September 23, 2024

10. Agreement for Annual Street Sweeping Services
Recommended Action: 1) Authorize the Mayor to execute an agreement with Sweeping Corporation of America of CA, LLC for Street Sweeping Services under the City’s Annual Street Sweeping Services; and 2) Appropriate $44,160 in Account No. 100-3001-5121.01 (Street Sweeping).

Staff Contact: Public Works Director DuBoux 456-2489, ext. 339

11. Professional Services Agreement for PCH Median Improvements – Paradise Cove and Zuma Beach
Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with Kimley Horn and Associates, Inc. for engineering design services for the PCH Median Improvements – Paradise Cove and Zuma Beach in the amount not to exceed $296,670.

Staff Contact: Public Works Director DuBoux 456-2489, ext. 339

12. Los Angeles County Measure R Transportation Funding Agreement Amendment Recommended Action: 1) Authorize the Mayor to execute the Los Angeles County Measure R Funding Agreement Amendment No. 4 for the Pacific Coast Highway Signal Synchronization Project; and 2) Authorize the Public Works Director to approve change orders of an additional $1,330,000 for a total amount of $3,230,000.

Staff Contact: Public Works Director DuBoux 456-2489, ext. 339

13. Amendment to Professional Services Agreement with Kimley Horn and Associates, Inc Recommended Action: Authorize the Mayor to execute Amendment No. 5 to the Professional Services Agreement with Kimley Horn and Associates, Inc. in the amount of $835,742.47 for a total not to exceed $4,076,642.47. This proposed amendment includes additional engineering design service to add a Safety Adaption system, additional speed feedback signs, and poles for speed enforcement cameras for the Pacific Coast Highway (PCH) Signal Synchronization Project.

Staff Contact: Public Works Director DuBoux 456-2489, ext. 339

14. Planning Clearances Issued for Formula Retail Businesses within Cross Creek Ranch Shopping Center (Location: 23465 Civic Center Way) pursuant to Settlement Agreement between City of Malibu and Cross Creek Ranch Malibu, LLC Recommended Action: Receive and file the Planning Director’s report on planning clearances issued for formula retail businesses Bluemercury, Zadig & Voltaire, Frame, Loewe, and Jenni Kayne to the City Council, pursuant to the Settlement Agreement between the City of Malibu and Cross Creek Ranch Malibu, LLC (Attachment 1).

Staff Contact: Interim Planning Director Tamuri, 456-2489, ext. 346 AMENDED City Council Regular Meeting Agenda Page - 5 - September 23, 2024

15. Professional Services Agreements for Contract Planning Services Recommended Action: 1) Authorize the Mayor to execute a professional services agreement with California Coastal Works LLC for contract planning services; 2) Authorize the Mayor to execute a professional services agreement with Casswell Consulting, Inc. for contract planning services; 3) Authorize the Mayor to execute a professional services agreement with Joyce Parker-Bozylinski for contract planning services; and 4) Authorize the Mayor to execute a professional services agreement with Premium Planning Solutions, Inc. for planning contract services.

Staff Contact: Interim Planning Director Tamuri, 456-2489, ext. 346

16. Amendment to Agreement with Santa Monica-Malibu Unified School District Recommended Action: Authorize the Mayor to execute Amendment No. 1 with Santa Monica-Malibu Unified School District (District) to extend the 2022-2024 Master Facility Use Agreement through January 31, 2025.

Staff Contact: Community Services Director Riesgo, 456-2489, ext. 350

4. Ordinances and Public Hearings
A. Adoption of Housing Element and Code Amendments
Recommended Action: 1) Adopt Resolution No. 24-48 approving the Revised Draft 2021-2029 Housing Element Update; 2) Adopt Resolution No. 24-49 amending the Land Use Plan (LUP) of the Local Coastal Plan (LCP); 3) After the City Attorney reads the title of the Ordinance, introduce on first reading Ordinance No. 523 approving Local Coastal Program Amendment (LCPA) No. 20-001 and Zone Text Amendment (ZTA) No. 20-002 to update regulations and determining the amendments are exempt from the California Environmental Quality Act (CEQA); and 4) Direct staff to schedule second reading and adoption of Ordinance No. 523 for the October 14, 2024 City Council Regular meeting.

Staff Contact: Interim Planning Director Tamuri, 456-2489, ext. 346

5. Old Business
None.

6. New Business
A. Support for Santa Monica-Malibu Unified School District (SMMUSD) General Obligation Bond Measure MM on the November 5, 2024 Ballot
Recommended Action: Approve Resolution 24-50 in Support of Santa Monica-Malibu Unified School District (SMMUSD) General Obligation Bond Measure MM.

Staff Contact: Deputy City Manager Brown, 456-2489, ext. 300 AMENDED City Council Regular Meeting Agenda Page - 6 - September 23, 2024

7. Council Items
None.

Adjournment
Future Meetings
Monday, October 14, 2024 5:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, October 28, 2024 5:30 p.m. Regular City Council Meeting City Hall Council Chambers Tuesday, November 12, 2024 5:30 p.m. Regular City Council Meeting City Hall Council Chambers Guide to the City Council Proceedings
The Oral Communication portion of the agenda is for members of the public to present items, which are not listed on the agenda but are under the subject matter jurisdiction of the City Council. No action may be taken under, except to direct staff, unless the Council, by a two-thirds vote, determines that there is a need to take immediate action and that need came to the attention of the City after the posting of the agenda. Although no action may be taken, the Council and staff will follow up, at an appropriate time, on those items needing response. Each speaker is limited to three (3) minutes.

Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate remotely, you must be present in the Zoom Webinar during the item that you would like to speak on and use the Raise Hand feature to request to speak when the Mayor calls the item. In order to participate in-person, each speaker must complete and submit to the Recording Secretary a Request to Speak form prior to the beginning of the item being announced by the Mayor. In person participants may surrender their time by deferring one (1) minute to another speaker, not to exceed a total of eight (8) minutes. The speaker wishing to defer time must be present when the item is heard and their form must be submitted with the speaker form for the individual they are deferring time to. Speakers are taken in the order slips are submitted or hands are raised.

Itemsin Consent Calendar Section Ahave already been considered by theCouncil at a previousmeeting where the public wasinvited to comment, after which a decision was made. These items are notsubject to public discussion at this meeting because the vote taken at the previous meeting was final. Resolutions concerning decisions made at previous meetings are for the purpose of memorializing the decision to assure the accuracy of the findings, the prior vote, and any conditions imposed.

Items in Consent Calendar Section B have not been discussed previously by the Council. If discussion is desired, an item may be removed from the Consent Calendar for individual consideration. Councilmembers may indicate a negative or abstaining vote on any individual item by so declaring prior to the vote on the motion to adopt the entire Consent Calendar. Items excluded from the Consent Calendar will be taken up by the Council following the action on the Consent Calendar. The Council first will take up the items for which public speaker requests have been submitted.

Public speakers shall follow the rules as set forth under Oral Communication For Public Hearings involving zoning matters the appellant and applicant will be given 15 minutes each to present their position to the City Council, including rebuttal time. All other testimony shall follow the rules as set forth under Oral Communication.

Old Business items have appeared on previous agendas but have either been continued or tabled to this meeting with no final action having been taken. Public comment shall follow the rules as set forth under Oral Communication.

Items in New Business are items, which are appearing for the first time for formal action. Public comment shall follow the rules as set forth under Oral Communication.

City Council Items are items, which individual members of the City Council may bring up for action, to propose future agenda items or to suggest future staff assignments.

AMENDED City Council Regular Meeting Agenda Page - 7 - September 23, 2024 No new items will be taken-up after 10:30 p.m. without a two-thirds vote of the City Council.

City Council meetings are aired live and replayed on City of Malibu Government Access Channel 3 and are available on demand on the City’s website at www.malibucity.org/video. Copies of the staff reports or other written documentation relating to each item of business described above are on file in the office of the City Clerk, Malibu City Hall, 23825 Stuart Ranch Road, Malibu, California, and are available for public inspection during regular office hours, which are 7:30 a.m. to 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. Friday. Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's office at 23825 Stuart Ranch Road, Malibu, California (Government Code Section 54957.5.b.2). Copies of staff reports and written materials may be purchased for $0.10 per page.

TheCity Hall phone numberis(310) 456-2489. To contact City Hall using a telecommunication device forthe deaf (TDD), please call (800) 735-2929 and a California Relay Service operator will assist you. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Environmental Sustainability Director Yolanda Bundy, (310) 456-2489, ext. 229. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADD Title II].

Requests to show an audio or video presentation during a Council meeting should be directed to the Media Team at [email protected]. Material must be submitted by 12:00 p.m. on the meeting day.

I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Regular and Adjourned Regular meeting agendas may be amended up to 72 hours in advance of the meeting. Dated this 20th day of September 2024 at 1:00 p.m.

Christina Muñoz, Deputy City Clerk
WARRANT REGISTER NO. 754
On September 23, 2024, the Malibu City Council allowed and approved warrant demand numbers 73527-73657 from the General Fund. The City Manager is hereby directed to pay out the funds named hereon to each of the claimants listed, the amount appearing opposite their name for the purpose stated on the respective demands, making a total of $3,687,136.00. City of Malibu payroll check number 5484 and ACH deposits were issued in the amount of $444,039.61.

PASSED, APPROVED and ADOPTED this 23rd day of September 2024. ____________________________________________
Doug Stewart
Mayor
ATTEST:
____________________________________________
Kelsey Pettijohn
City Clerk

CERTIFICATE
In accordance with Government Code Sections 37202 and Malibu Municipal Code 3.08.050, I hereby certify that: (1) the claims or demands set forth in the warrant register(s) listed below and attached hereto and incorporated herein by this reference in the aggregate amount of $4,131,175.61 have been audited as to their accuracy; and (2) sufficient funds have been appropriated by the City Council and are available for the payment thereof.

EXECUTED this 12th day of September 2024, AT MALIBU, CALIFORNIA ______________________________________________
Steve McClary
City Manager
City Council Meeting
9-23-24
Item

3.B.2.

Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 Accounts Payable
User:

Printed:
sflores
9/11/2024 8:23 AM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Void Checks Check Amount 73527 13STARS 13 STARS MEDIA 09/03/2024 0.00 312.12
73528 ACCESS ACCESS INFORMATION INTERMEDIATE HOLDINGS 1 LLC 09/03/2024 0.00 5,188.05 73529 AMERGLOB AMERICAN GLOBAL SECURITY INC 09/03/2024 0.00 3,150.00 73530 ARDALANC ARDALAN CONSTRUCTION COMPANY INC 09/03/2024 0.00 6,644.99 73531 AT&TMOBI AT&T MOBILITY 09/03/2024 0.00 160.22
73532 BADMET BADGER METER INC 09/03/2024 0.00 39.56
73533 BLUEBEAM BLUEBEAM INC 09/03/2024 0.00 2,340.00
73534 CAMPGROU CAMPGROUND LANE REALTY LLC 09/03/2024 0.00 64,266.00 73535 CASTRATE CALIFORNIA STRATEGIES & ADVOCACY LLC 09/03/2024 0.00 12,500.00 73536 CJBIOMON COURTNEY JEAN MCCAMMON 09/03/2024 0.00 15,404.00 73537 CMS RICHARD COMI 09/03/2024 0.00 390.00
73538 COOKALI ALLISON COOK 09/03/2024 0.00 16,837.50
73539 CRPRINT CR PRINT 09/03/2024 0.00 1,171.28
73540 EXTRON RGB SYSTEMS INC 09/03/2024 0.00 848.48
73541 FOXWEATH FOX WEATHER LLC 09/03/2024 0.00 240.00
73542 FRONTIER FRONTIER CALIFORNIA INC 09/03/2024 0.00 3,767.19 73543 GALPIN GALPIN MOTORS INC 09/03/2024 0.00 65,100.00 73544 GALPIN GALPIN MOTORS INC 09/03/2024 0.00 33,224.25 73545 GIINDUS GI INDUSTRIES 09/03/2024 0.00 5,585.45
73546 GLASTE STEPHEN GLASS 09/03/2024 0.00 817.14
73547 GMZENG GMZ ENGINEERING INC 09/03/2024 0.00 1,043,632.00 73548 GOVCONN GOVCONNECTION INC 09/03/2024 0.00 21,292.20 73549 Grainger WW GRAINGER INC 09/03/2024 0.00 43.36
73550 iRIS LORRIE FEINBERG 09/03/2024 0.00 9,956.25
73551 JWAURBAN JWA URBAN CONSULTANTS INC 09/03/2024 0.00 3,274.50 73552 MASTERCO MASTER COOLING CORPORATION 09/03/2024 0.00 2,668.40 73553 NAICKERV VASUDEVAN NAICKER 09/03/2024 0.00 140.00 73554 NEWBURY NEWBURY PARK TREE SERVICE INC 09/03/2024 0.00 47,120.95 73555 RINCONC RINCON CONSULTANTS INC 09/03/2024 0.00 2,049.88 73556 RPBARRI R P BARRICADE INC 09/03/2024 0.00 2,100.00 73557 RYLAND STLR CORPORATION 09/03/2024 0.00 12,900.00 73558 SDIPRES SDI PRESENCE LLC 09/03/2024 0.00 977.50
73559 SOLIDWA SOLID WASTE SOLUTIONS INC 09/03/2024 0.00 10,835.34 73560 SOUTPRNT SOUTHWEST OFFSET PRINTING CO INC09/03/2024 0.00 8,266.72 73561 SPECTRUM CHARTER COMMUNICATIONS HOLDINGS LLC 09/03/2024 0.00 209.98 73562 STA&WIT STACY AND WITBECK INC 09/03/2024 0.00 208,131.70 73563 STOVER STOVER SEED COMPANY 09/03/2024 0.00 3,104.33 73564 TMOBILE T-MOBILE USA INC 09/03/2024 0.00 465.86
73565 TOSHIBA US BANK NATIONAL ASSOCIATION 09/03/2024 0.00 2,999.17 73566 TRENCH TOM MALLOY CORPORATION 09/03/2024 0.00 1,848.00 73567 ULTMAINT ULTIMATE MAINTENANCE SERVICES INC09/03/2024 0.00 12,375.00 73568 UNITED UNITED STATES POST OFFICE 09/03/2024 0.00 14,500.00 73569 VERIZONW VERIZON WIRELESS SERVICES LLC 09/03/2024 0.00 4,048.34 73570 WILLDAN WILLDAN ENGINEERING 09/03/2024 0.00 12,201.00 73571 XEROXFIN XEROX CORPORATION 09/03/2024 0.00 687.50 73572 XEROXFIN XEROX CORPORATION 09/03/2024 0.00 350.90 73573 XEROXFIN XEROX CORPORATION 09/03/2024 0.00 687.50 AP Checks by Date - Summary by Check Number (9/11/2024 8:23 AM) Page 1 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 Check No Vendor No Vendor Name Check Date Void Checks Check Amount 73574 XEROXFIN XEROX CORPORATION 09/03/2024 0.00 519.20 73575 AFLAC AFLAC-American Family Life Assurance Company 09/03/2024 0.00 672.60 73576 ICMA457 ICMA-MissionSquare Retirement - 303615 09/03/2024 0.00 18,998.60 73577 ICMACM ICMA-MissionSquare Retirement - 108658 09/03/2024 0.00 600.00 73578 STANDARD Standard Insurance Company N2 09/03/2024 0.00 5,335.06 73579 USBANK2 U.S. Bank 09/03/2024 0.00 1,475.15
73580 BUXANN ANN BUXIE 09/03/2024 0.00 125.00
73581 CHAMPCAM TREVOR ELDER 09/03/2024 0.00 200.00
73582 ESCPETE PETER ESCOBAR 09/03/2024 0.00 200.00
73583 FASTDEER FAST DEER BUS CHARTER INC 09/03/2024 0.00 1,914.75 73584 GOMLUIS LUIS GOMEZ 09/03/2024 0.00 400.00
73585 HANKLIN LINCOLN HANKS 09/03/2024 0.00 40.00
73586 LAWSONS SKYLAR J LAWSON 09/03/2024 0.00 200.00
73587 LEMMOR RICHARD LEMMO 09/03/2024 0.00 200.00
73588 MMARLINS MALIBU MARLINS SWIM CLUB 09/03/2024 0.00 200.00 73589 NICLIN LINDA NICHOLAS 09/03/2024 0.00 5.00
73590 OCONNPAT PATRICK O'CONNELL 09/03/2024 0.00 350.00 73591 PHIPAI PAICY PHILLIPS 09/03/2024 0.00 5.00
73592 REGAJ JOLYNN REGAN 09/03/2024 0.00 250.00
73593 ROMJ JOHN ROM 09/03/2024 0.00 1,264.00
73594 ROTJOS JOSEPH ROTONDI 09/03/2024 0.00 250.00
73595 ROUNDSTA ROUND STAR WEST LLC 09/03/2024 0.00 400.00 73596 TRAIGOAT TRAIN GOAT GAINZ LLC 09/03/2024 0.00 200.00 73597 CAMUNI CALIFORNIA MUNICIPAL STATISTICS INC09/03/2024 0.00 550.00 73598 KIMLEY KIMLEY-HORN AND ASSOCIATES INC 09/03/2024 0.00 3,213.00 73599 LACOREG LA CO REGISTRAR RECCORDER/CITY CLERK 09/03/2024 0.00 128.00 73600 13STARS 13 STARS MEDIA 09/10/2024 0.00 1,804.10
73601 ACCOUNTE OFFICE TEAM A ROBERT HALF COMPANY09/10/2024 0.00 4,480.00 73602 AHMASH HED AHMADPOUR MD ASHRAF AHMADPOUR 09/10/2024 0.00 10,085.80 73603 ANDREA&S ANDRE & SUSANNE ANDRESIAN 09/10/2024 0.00 8,959.00 73604 APPLE APPLEONE 09/10/2024 0.00 2,043.60
73605 ARCIR ARC DOCUMENT SOLUTIONS LLC 09/10/2024 0.00 21.83 73606 ARCIR ARC DOCUMENT SOLUTIONS LLC 09/10/2024 0.00 2,017.37 73607 BLUEBEAM BLUEBEAM INC 09/10/2024 0.00 16,500.00
73608 BURNS BURNS PACIFIC CONSTRUCTION INC 09/10/2024 0.00 120,941.92 73609 CASQA CALIFORNIA STORMWATER QUALITY ASSOCIATION 09/10/2024 0.00 1,000.00 73610 CBRE CBRE INC - VALUATION & ADVISORY SERVICES 09/10/2024 0.00 2,500.00 73611 CDTFA2 CALIFORNIA DEPARTMENT OF TAX & FEE ADMINISTRATION 09/10/2024 0.00 320.82 73612 CETDOU DOUGLAS C CETO 09/10/2024 0.00 4,654.00
73613 CHEVRON2 WRIGHT EXPRESS FSC WEX BANK 09/10/2024 0.00 2,107.81 73614 CITYAGO CITY OF AGOURA HILLS 09/10/2024 0.00 25,000.00 73615 CLANTON CLANTON ENGINEERING INC 09/10/2024 0.00 3,547.50 73616 COTTON COTTON, SHIRES & ASSOCIATES INC 09/10/2024 0.00 129,155.75 73617 CSGCON CSG CONSULTANTS INC 09/10/2024 0.00 10,412.50 73618 DAVIDTA DAVID TAUSSIG & ASSOCIATES INC 09/10/2024 0.00 800.00 73619 DUBOUX ROB DUBOUX 09/10/2024 0.00 997.90
73620 EXCELOFF EXCEL OFFICE SERVICES 09/10/2024 0.00 852.39 73621 FREDERIK RICK FREDERIKSEN 09/10/2024 0.00 11.93
73622 FRONTIER FRONTIER CALIFORNIA INC 09/10/2024 0.00 3,138.79 73623 GARDANA DANA GARZA 09/10/2024 0.00 23.48
73624 GIINDUS GI INDUSTRIES 09/10/2024 0.00 301.66
73625 GLASTE STEPHEN GLASS 09/10/2024 0.00 1,850.40
73626 HARTSEL BOB HARTS ELECTRIC INC. 09/10/2024 0.00 285.00 73627 HDSUPPLY HD SUPPLY INC 09/10/2024 0.00 586.83
73628 LACOANI LA CO ANIMAL CARE & CONTROL 09/10/2024 0.00 4,320.37 73629 LACOCLE LA COUNTY REGISTRAR-RECORDER LA CO CLERK 09/10/2024 0.00 75.00 73630 LACOCLE LA COUNTY REGISTRAR-RECORDER LA CO CLERK 09/10/2024 0.00 75.00 AP Checks by Date - Summary by Check Number (9/11/2024 8:23 AM) Page 2 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 Check No Vendor No Vendor Name Check Date Void Checks Check Amount 73631 LACOCLE LA COUNTY REGISTRAR-RECORDER LA CO CLERK 09/10/2024 0.00 75.00 73632 LACOSHE LA CO SHERIFF'S DEPARTMENT 09/10/2024 0.00 1,194,345.54 73633 LACOWAT LA CO MALIBU TREASURER-WATERWORKS 09/10/2024 0.00 477.46 73634 MARGBUCT MARGARET G BUCKLEY TRUST 09/10/2024 0.00 111.19 73635 MASTERCO MASTER COOLING CORPORATION 09/10/2024 0.00 13,643.43 73636 MATRIX MATRIX CONSULTING GROUP LTD 09/10/2024 0.00 5,350.00 73637 MEF MALIBU EDUCATION FOUNDATION 09/10/2024 0.00 315,000.00 73638 MRGLLC MUNICIPAL RESOURCE GROUP LLC 09/10/2024 0.00 9,000.00 73639 NAICKERV VASUDEVAN NAICKER 09/10/2024 0.00 360.00 73640 PEGASUS ROBERT MICHAEL SCHWIEGER 09/10/2024 0.00 12,000.00 73641 RINCONC RINCON CONSULTANTS INC 09/10/2024 0.00 15,948.75 73642 SCAFCA SCA OF CA LLC 09/10/2024 0.00 6,900.00
73643 SOCALBRU THE STANDARD CONSTRUCTION 09/10/2024 0.00 9,650.00 73644 SPRING SPRINGBROOK HOLDING COMPANY LLC09/10/2024 0.00 1,080.00 73645 STAPLES STAPLES CONTRACT & COMMERCIAL LLC 09/10/2024 0.00 2,545.85 73646 TMOBILE T-MOBILE USA INC 09/10/2024 0.00 465.86
73647 TOSHIBA US BANK NATIONAL ASSOCIATION 09/10/2024 0.00 3,324.41 73648 TOWNSPUB TOWNSEND PUBLIC AFFAIRS INC 09/10/2024 0.00 6,500.00 73649 TRIPLELL TRIPLE LLL ENTERPRISES LLC 09/10/2024 0.00 690.00 73650 UNDERGR Underground Service Alert/SC 09/10/2024 0.00 126.66 73651 VERIZONW VERIZON WIRELESS SERVICES LLC 09/10/2024 0.00 4,202.78 73652 VIAWEST FLEXENTIAL COLORADO CORP 09/10/2024 0.00 2,042.40 73653 WILALE ALEX WILES MALIBU LA COSTA HOA 09/10/2024 0.00 925.20 73654 WILLDAN WILLDAN ENGINEERING 09/10/2024 0.00 13,321.50 73655 WILLSCOT WILLIAMS SCOTSMAN INC 09/10/2024 0.00 6,424.55 73656 XEROXFIN XEROX CORPORATION 09/10/2024 0.00 687.50 73657 XEROXFIN XEROX CORPORATION 09/10/2024 0.00 519.20 Report Total (131 checks): 0.00 3,687,136.00
AP Checks by Date - Summary by Check Number (9/11/2024 8:23 AM) Page 3 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 User:

Printed: 09/11/2024 - 8:23AM
sflores
Transactions by Account
Batch: 00000.00.0000
Accounts Payable
Checks from: 00073527 To: 00073657
Account Number Description Vendor Description Check No Amount Section 1: 100
Section 2:0000
100-0000-3468-00 Senior Adult Program Fee LINDA NICHOLAS Ref - Tap/Jazz Dance Overpayment 73589 5.00 Vendor Subtotal for Section 2:0000 5.00
Section 2:0000
100-0000-3468-00 Senior Adult Program Fee PAICY PHILLIPS Ref - Tap/Jazz Dance Overpayment 73591 5.00 Vendor Subtotal for Section 2:0000 5.00
Section 2:0000
100-0000-3470-00 Community Classes LINCOLN HANKS Ref - Transfer - Basketball to Clay Creations 73585 40.00 Vendor Subtotal for Section 2:0000 40.00
Section 2:3001
100-3001-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.08.2024 STD/LTD 73578 -141.86 Vendor Subtotal for Section 2:3001 -141.86
Section 2:3001
100-3001-5100-00 Professional Services FOX WEATHER LLC Weather Forecasting Svcs 7/1 - 7/15/24 73541 240.00 Vendor Subtotal for Section 2:3001 240.00
Section 2:3001
AP-Transactions by Account (09/11/2024 - 8:23 AM) Page 1 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 Account Number Description Vendor Description Check No Amount 100-3001-5120-00 Street Maintenance BURNS PACIFIC CONSTRUCTION INC Tasks 1: Routine Maint - Jul '24 73608 72,895.44 100-3001-5120-00 Street Maintenance BURNS PACIFIC CONSTRUCTION INC Task 7: Yard Rental - Jul '24 73608 7,500.00 Vendor Subtotal for Section 2:3001 80,395.44
Section 2:3001
100-3001-5120-02 Street Maintenance - Summer BURNS PACIFIC CONSTRUCTION INC Task 1: Summer Street Maint 7/4/24 73608 4,417.50 Vendor Subtotal for Section 2:3001 4,417.50
Section 2:3001
100-3001-5121-01 Street Sweeping SCA OF CA LLC Street Sweeping Svcs - Jul '24 73642 6,900.00 Vendor Subtotal for Section 2:3001 6,900.00
Section 2:3001
100-3001-5127-00 Weed Abatement BURNS PACIFIC CONSTRUCTION INC Task 2: Weed Abatement - Jul '24 73608 35,534.43 Vendor Subtotal for Section 2:3001 35,534.43
Section 2:3001
100-3001-5725-00 Trash Pickup/Recycling GI INDUSTRIES Garbage - Bus Stop/Cross Creek - Jul '24 73545 2,521.30 100-3001-5725-00 Trash Pickup/Recycling GI INDUSTRIES Garbage - City Yard 7/16 - 7/31/24 73545 1,180.37 Vendor Subtotal for Section 2:3001 3,701.67
Section 2:3001
100-3001-6160-00 Operating Supplies BURNS PACIFIC CONSTRUCTION INC Operating Supplies - Jul '24 73608 594.55 Vendor Subtotal for Section 2:3001 594.55
Section 2:3001
100-3001-6160-00 Operating Supplies R P BARRICADE INC CMS Board Rental 6/20 - 7/20/24 73556 2,100.00 Vendor Subtotal for Section 2:3001 2,100.00
Section 2:3001
AP-Transactions by Account (09/11/2024 - 8:23 AM) Page 2 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 Account Number Description Vendor Description Check No Amount 100-3001-6160-00 Operating Supplies Underground Service Alert/SC Dig Alerts - Jul '24 73650 93.25 100-3001-6160-00 Operating Supplies Underground Service Alert/SC Monthly Fee - Jul '24 73650 33.41 Vendor Subtotal for Section 2:3001 126.66
Section 2:3007
100-3007-5721-00 Telephone FRONTIER CALIFORNIA INC Phone - Civic Center STF - Aug '24 73542 171.25 Vendor Subtotal for Section 2:3007 171.25
Section 2:3008
100-3008-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.08.2024 STD/LTD 73578 -289.25 Vendor Subtotal for Section 2:3008 -289.25
Section 2:3008
100-3008-5125-00 Traffic Engineering KIMLEY-HORN AND ASSOCIATES INC Field Visit - May '24 73598 1,071.00 Vendor Subtotal for Section 2:3008 1,071.00
Section 2:3008
100-3008-5300-00 Travel and Training ROB DUBOUX Reimb - Flight APWA 2024 Conf R. Duboux & T. Hart 73619 997.90 Vendor Subtotal for Section 2:3008 997.90
Section 2:3008
100-3008-5401-00 Advertising & Noticing 13 STARS MEDIA Ad - Community Land Feedback 8/22/24 73600 268.00 100-3008-5401-00 Advertising & Noticing 13 STARS MEDIA Ad - Community Land Feedback 8/15/24 73600 268.00 Vendor Subtotal for Section 2:3008 536.00
Section 2:4001
100-4001-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.08.2024 STD/LTD 73578 -212.76 Vendor Subtotal for Section 2:4001 -212.76
AP-Transactions by Account (09/11/2024 - 8:23 AM) Page 3 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 Account Number Description Vendor Description Check No Amount Section 2:4001
100-4001-5205-00 Postage UNITED STATES POST OFFICE Bulk Mail, Rec Guide FY 24/25 Permit#174 73568 8,000.00 Vendor Subtotal for Section 2:4001 8,000.00
Section 2:4001
100-4001-5405-00 Printing SOUTHWEST OFFSET PRINTING CO INCFall 2024 Rec Guide - Printing/Mailing 73560 8,266.72 Vendor Subtotal for Section 2:4001 8,266.72
Section 2:4001
100-4001-5721-00 Telephone FRONTIER CALIFORNIA INC Phone - Charmlee Park - Aug '24 73542 63.65 Vendor Subtotal for Section 2:4001 63.65
Section 2:4002
100-4002-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.08.2024 STD/LTD 73578 -24.71 Vendor Subtotal for Section 2:4002 -24.71
Section 2:4002
100-4002-5107-00 Contract Personnel BOB HARTS ELECTRIC INC. Pool Office - Light Installation 73626 285.00 Vendor Subtotal for Section 2:4002 285.00
Section 2:4002
100-4002-6160-00 Operating Supplies STAPLES CONTRACT & COMMERCIAL LLC Office Supplies - Toner 73645 951.92 Vendor Subtotal for Section 2:4002 951.92
Section 2:4007
100-4007-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.08.2024 STD/LTD 73578 -27.13 Vendor Subtotal for Section 2:4007 -27.13
AP-Transactions by Account (09/11/2024 - 8:23 AM) Page 4 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 Account Number Description Vendor Description Check No Amount Section 2:4007
100-4007-5107-00 Contract Personnel JOHN ROM Instructor - Parent & Me Tennis 7/13 - 8/17/24 73593 574.00 100-4007-5107-00 Contract Personnel JOHN ROM Instructor - Youth Tennis 7/13 - 8/17/24 73593 490.00 Vendor Subtotal for Section 2:4007 1,064.00
Section 2:4008
100-4008-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.08.2024 STD/LTD 73578 -30.55 Vendor Subtotal for Section 2:4008 -30.55
Section 2:4008
100-4008-5205-00 Postage UNITED STATES POST OFFICE Bulk Mail, Sr Newsletter FY 24/25 Permit#174 73568 6,500.00 Vendor Subtotal for Section 2:4008 6,500.00
Section 2:4008
100-4008-6175-00 Recreation Transportation FAST DEER BUS CHARTER INC Sr Excursion - Ventura County Fair 8/6/24 73583 1,914.75 Vendor Subtotal for Section 2:4008 1,914.75
Section 2:4010
100-4010-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.08.2024 STD/LTD 73578 -67.13 Vendor Subtotal for Section 2:4010 -67.13
Section 2:4010
100-4010-5100-00 Professional Services AMERICAN GLOBAL SECURITY INC Equestrian - Security Jul '24 73529 1,050.00 100-4010-5100-00 Professional Services AMERICAN GLOBAL SECURITY INC Las Flores - Security Jul '24 73529 1,050.00 100-4010-5100-00 Professional Services AMERICAN GLOBAL SECURITY INC Trancas - Security Jul '24 73529 1,050.00 Vendor Subtotal for Section 2:4010 3,150.00
Section 2:4010
100-4010-5100-00 Professional Services ULTIMATE MAINTENANCE SERVICES INC City Parks Janitorial Svcs - Jul '24 73567 3,675.00 AP-Transactions by Account (09/11/2024 - 8:23 AM) Page 5 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4010 3,675.00
Section 2:4010
100-4010-5130-00 Parks Maintenance STOVER SEED COMPANY MP Field - Seed Topper 73563 3,104.33 Vendor Subtotal for Section 2:4010 3,104.33
Section 2:4010
100-4010-5721-00 Telephone FRONTIER CALIFORNIA INC Phone - Las Flores, Bluffs, Trancas - Aug '24 73542 538.74 100-4010-5721-00 Telephone FRONTIER CALIFORNIA INC Phone - 23641 PCH (median) - Aug '24 73542 61.27 Vendor Subtotal for Section 2:4010 600.01
Section 2:4010
100-4010-5725-00 Trash Pickup/Recycling GI INDUSTRIES Garbage - Bluffs/Equestrian - Jul '24 73545 1,218.47 100-4010-5725-00 Trash Pickup/Recycling GI INDUSTRIES Garbage - Charmlee Park - Aug '24 73545 249.70 Vendor Subtotal for Section 2:4010 1,468.17
Section 2:4011
100-4011-5107-00 Contract Personnel TREVOR ELDER Tiny Tot Olympics - Skateboarding 9/22/24 73581 200.00 Vendor Subtotal for Section 2:4011 200.00
Section 2:4011
100-4011-5107-00 Contract Personnel PETER ESCOBAR Tiny Tot Olympics - Karate 9/22/24 73582 200.00 Vendor Subtotal for Section 2:4011 200.00
Section 2:4011
100-4011-5107-00 Contract Personnel SKYLAR J LAWSON Tiny Tot Olympics - Surfing 9/22/24 73586 200.00 Vendor Subtotal for Section 2:4011 200.00
Section 2:4011
100-4011-5107-00 Contract Personnel RICHARD LEMMO Tiny Tot Olympics - Basketball 9/22/24 73587 200.00 AP-Transactions by Account (09/11/2024 - 8:23 AM) Page 6 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4011 200.00
Section 2:4011
100-4011-5107-00 Contract Personnel MALIBU MARLINS SWIM CLUB Tiny Tot Olympics - Aqua Weights 9/22/24 73588 200.00 Vendor Subtotal for Section 2:4011 200.00
Section 2:4011
100-4011-5107-00 Contract Personnel PATRICK O'CONNELL Tiny Tot Olympics - Decor 9/22/24 73590 350.00 Vendor Subtotal for Section 2:4011 350.00
Section 2:4011
100-4011-5107-00 Contract Personnel JOHN ROM Tiny Tot Olympics - Tennis 9/22/24 73593 200.00 Vendor Subtotal for Section 2:4011 200.00
Section 2:4011
100-4011-5107-00 Contract Personnel ROUND STAR WEST LLC Tiny Tot Olympics - T-Ball 9/22/24 73595 200.00 100-4011-5107-00 Contract Personnel ROUND STAR WEST LLC Tiny Tot Olympics - Soccer 9/22/24 73595 200.00 Vendor Subtotal for Section 2:4011 400.00
Section 2:4011
100-4011-5107-00 Contract Personnel TRAIN GOAT GAINZ LLC Tiny Tot Olympics - Volleyball 9/22/24 73596 200.00 Vendor Subtotal for Section 2:4011 200.00
Section 2:4012
100-4012-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.08.2024 STD/LTD 73578 -40.03 Vendor Subtotal for Section 2:4012 -40.03
Section 2:4012
100-4012-5107-00 Contract Personnel ANN BUXIE Summer Poetry Jubilations 8/17/24 73580 125.00 Vendor Subtotal for Section 2:4012 125.00
Section 2:4012
100-4012-5107-00 Contract Personnel JOLYNN REGAN Summer Poetry Jubilations 8/17/24 73592 250.00 AP-Transactions by Account (09/11/2024 - 8:23 AM) Page 7 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4012 250.00
Section 2:4012
100-4012-5107-00 Contract Personnel JOSEPH ROTONDI Musician - Derek Schimming Retrospective 9/14/24 73594 250.00 Vendor Subtotal for Section 2:4012 250.00
Section 2:7001
100-7001-5100-00 Professional Services STLR CORPORATION School District Separation - Jul '24 73557 12,900.00 Vendor Subtotal for Section 2:7001 12,900.00
Section 2:7001
100-7001-5104-00 Lobbyist Services CALIFORNIA STRATEGIES & ADVOCACY LLC Lobbying Svcs - Jul '24 73535 12,500.00 Vendor Subtotal for Section 2:7001 12,500.00
Section 2:7001
100-7001-5330-00 Dues & Memberships CITY OF AGOURA HILLS COG Dues FY 24/25 73614 25,000.00 Vendor Subtotal for Section 2:7001 25,000.00
Section 2:7001
100-7001-5930-02 Comm Grants-Malibu Edu Fndn MALIBU EDUCATION FOUNDATION FY 24/25 General Fund Grant 73637 315,000.00 Vendor Subtotal for Section 2:7001 315,000.00
Section 2:7002
100-7002-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.08.2024 STD/LTD 73578 -88.42 Vendor Subtotal for Section 2:7002 -88.42
Section 2:7002
100-7002-5100-00 Professional Services ROBERT MICHAEL SCHWIEGER Broadcast Svcs - Aug '24 73640 6,000.00 100-7002-5100-00 Professional Services ROBERT MICHAEL SCHWIEGER Broadcast Svcs - Jul '24 73640 6,000.00 AP-Transactions by Account (09/11/2024 - 8:23 AM) Page 8 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7002 12,000.00
Section 2:7002
100-7002-7600-00 Other Equip/Furniture RGB SYSTEMS INC Extron Wireless HDMI 73540 848.48 Vendor Subtotal for Section 2:7002 848.48
Section 2:7003
100-7003-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.08.2024 STD/LTD 73578 -177.63 Vendor Subtotal for Section 2:7003 -177.63
Section 2:7003
100-7003-5100-00 Professional Services CBRE INC - VALUATION & ADVISORY SERVICES Restricted Appraisal Report 73610 2,500.00 Vendor Subtotal for Section 2:7003 2,500.00
Section 2:7003
100-7003-5105-00 Grant Consultant TOWNSEND PUBLIC AFFAIRS INC Grant Writing Svcs - Aug '24 73648 6,500.00 Vendor Subtotal for Section 2:7003 6,500.00
Section 2:7003
100-7003-6160-00 Operating Supplies STAPLES CONTRACT & COMMERCIAL LLC Office Supplies - City Manager 73645 111.73 100-7003-6160-00 Operating Supplies STAPLES CONTRACT & COMMERCIAL LLC Office Supplies - City Manager 73645 17.24 Vendor Subtotal for Section 2:7003 128.97
Section 2:7007
100-7007-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.08.2024 STD/LTD 73578 -108.61 Vendor Subtotal for Section 2:7007 -108.61
Section 2:7007
AP-Transactions by Account (09/11/2024 - 8:23 AM) Page 9 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 Account Number Description Vendor Description Check No Amount 100-7007-5401-00 Advertising & Noticing 13 STARS MEDIA Legal Notice - Ordinance No. 520 8/22/24 73600 52.02 100-7007-5401-00 Advertising & Noticing 13 STARS MEDIA Legal Notice - Ordinance No. 521 8/15/24 73600 52.02 Vendor Subtotal for Section 2:7007 104.04
Section 2:7007
100-7007-6160-00 Operating Supplies STAPLES CONTRACT & COMMERCIAL LLC Office Supplies - City Clerk 73645 133.39 Vendor Subtotal for Section 2:7007 133.39
Section 2:7021
100-7021-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.08.2024 STD/LTD 73578 -125.09 Vendor Subtotal for Section 2:7021 -125.09
Section 2:7021
100-7021-5100-00 Professional Services NEWBURY PARK TREE SERVICE INC Removal of Hazardous Trees - Jul '24 73554 47,120.95 Vendor Subtotal for Section 2:7021 47,120.95
Section 2:7021
100-7021-5106-00 Animal Control LA CO ANIMAL CARE & CONTROL Animal Control - Jul '24 73628 4,320.37 Vendor Subtotal for Section 2:7021 4,320.37
Section 2:7021
100-7021-5115-00 Law Enforcement Services LA CO SHERIFF'S DEPARTMENT Sheriff's Svcs - Lost Hills - Jul '24 73632 867,269.00 100-7021-5115-00 Law Enforcement Services LA CO SHERIFF'S DEPARTMENT Sheriff's Svcs - Liaison 7/1 - 7/26/24 73632 21,611.52 100-7021-5115-00 Law Enforcement Services LA CO SHERIFF'S DEPARTMENT Sheriff's Svcs - Traffic Enforcement - Jul '24 73632 15,910.36 Vendor Subtotal for Section 2:7021 904,790.88
Section 2:7021
100-7021-5116-00 Law Enforcement Services LA CO SHERIFF'S DEPARTMENT Sheriff's Svcs - Beach Team - Jul '24 73632 266,064.31 AP-Transactions by Account (09/11/2024 - 8:23 AM) Page 10 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7021 266,064.31
Section 2:7021
100-7021-5721-00 Telephone AT&T MOBILITY Phone Lines - EOC/PS 7/2 - 8/1/24 73531 160.22 Vendor Subtotal for Section 2:7021 160.22
Section 2:7021
100-7021-5721-00 Telephone FRONTIER CALIFORNIA INC Phone - Disaster, Tier, E911 - Aug '24 73542 322.48 Vendor Subtotal for Section 2:7021 322.48
Section 2:7021
100-7021-6160-00 Operating Supplies TRIPLE LLL ENTERPRISES LLC Safety Fair - Shaved Ice 9/15/24 73649 690.00 Vendor Subtotal for Section 2:7021 690.00
Section 2:7054
100-7054-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.08.2024 STD/LTD 73578 -235.11 Vendor Subtotal for Section 2:7054 -235.11
Section 2:7054
100-7054-5100-00 Professional Services CALIFORNIA MUNICIPAL STATISTICS INC FY 23-24 ACFR Direct & Overlapping Debt Statement as of 6/30/24 73597 550.00 Vendor Subtotal for Section 2:7054 550.00
Section 2:7054
100-7054-5100-00 Professional Services LORRIE FEINBERG DB Updates - Finance - Jul '24 73550 135.00 Vendor Subtotal for Section 2:7054 135.00
Section 2:7054
100-7054-5100-00 Professional Services MATRIX CONSULTING GROUP LTD Fee Study - Jul '24 73636 5,350.00 Vendor Subtotal for Section 2:7054 5,350.00
AP-Transactions by Account (09/11/2024 - 8:23 AM) Page 11 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 Account Number Description Vendor Description Check No Amount Section 2:7054
100-7054-5100-00 Professional Services SPRINGBROOK HOLDING COMPANY LLCPM Module Svcs - Jul '24 73644 300.00 Vendor Subtotal for Section 2:7054 300.00
Section 2:7054
100-7054-5117-00 Film Permit Consultant SOLID WASTE SOLUTIONS INC Film Permits - Jul '24 73559 10,835.34 Vendor Subtotal for Section 2:7054 10,835.34
Section 2:7054
100-7054-6160-00 Operating Supplies STAPLES CONTRACT & COMMERCIAL LLC Office Supplies - Finance 73645 65.79 Vendor Subtotal for Section 2:7054 65.79
Section 2:7058
100-7058-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.08.2024 STD/LTD 73578 -82.93 Vendor Subtotal for Section 2:7058 -82.93
Section 2:7058
100-7058-4210-00 Other AFLAC-American Family Life Assurance Company PR 29.08.2024 Health EE Deduction-Cook-Aug'24 73575 -86.76 Vendor Subtotal for Section 2:7058 -86.76
Section 2:7058
100-7058-5300-00 Travel and Training SPRINGBROOK HOLDING COMPANY LLCHR Module Training - Jul '24 73644 780.00 Vendor Subtotal for Section 2:7058 780.00
Section 2:7058
100-7058-5320-00 Recruitment Expense MUNICIPAL RESOURCE GROUP LLC HR Support Svcs - Jul '24 73638 9,000.00 Vendor Subtotal for Section 2:7058 9,000.00
AP-Transactions by Account (09/11/2024 - 8:23 AM) Page 12 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 Account Number Description Vendor Description Check No Amount Section 2:7059
100-7059-4205-00 Life Insurance Standard Insurance Company N2 PR 15.08.2024 Life Insurance-Rounding 73578 -0.06 Vendor Subtotal for Section 2:7059 -0.06
Section 2:7059
100-7059-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.08.2024 STD/LTD-Rounding 73578 -0.02 100-7059-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.08.2024 STD/LTD 73578 -16.63 Vendor Subtotal for Section 2:7059 -16.65
Section 2:7059
100-7059-5640-00 Equipment Maintenance ARC DOCUMENT SOLUTIONS LLC HP Pagewide XL4100 MFP 6/26 - 7/26/24 73605 21.83 100-7059-5640-00 Equipment Maintenance ARC DOCUMENT SOLUTIONS LLC FY 24/25 HP Pagewide XL4100 MFP 73606 2,017.37 Vendor Subtotal for Section 2:7059 2,039.20
Section 2:7059
100-7059-5640-00 Equipment Maintenance EXCEL OFFICE SERVICES Copier Maint 6/17 - 7/16/24 73620 852.39 Vendor Subtotal for Section 2:7059 852.39
Section 2:7059
100-7059-5720-00 Offsite Storage ACCESS INFORMATION INTERMEDIATE HOLDINGS 1 LLC 2024 Offsite Records Svcs - Jul 73528 2,118.31 100-7059-5720-00 Offsite Storage ACCESS INFORMATION INTERMEDIATE HOLDINGS 1 LLC 2024 Offsite Records Svcs - Aug 73528 3,069.74 Vendor Subtotal for Section 2:7059 5,188.05
Section 2:7059
100-7059-5721-00 Telephone FRONTIER CALIFORNIA INC Phone - City Hall Fac, Cable, Teleconference - Aug '24 7352 537.47 100-7059-5721-00 Telephone FRONTIER CALIFORNIA INC Bluffs Park 2nd Public Wifi - Aug '24 73542 208.54 100-7059-5721-00 Telephone FRONTIER CALIFORNIA INC Bluffs Park Public Wifi 8/17 - 9/16/24 73542 153.56 100-7059-5721-00 Telephone FRONTIER CALIFORNIA INC Phone - Annex Fax Ln - Aug '24 73542 61.27 Vendor Subtotal for Section 2:7059 960.84
Section 2:7059
100-7059-5721-00 Telephone T-MOBILE USA INC Phones/iPads - Fire Safety 6/21 - 7/20/24 73564 465.86 AP-Transactions by Account (09/11/2024 - 8:23 AM) Page 13 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 Account Number Description Vendor Description Check No Amount 100-7059-5721-00 Telephone T-MOBILE USA INC Phones/iPads - Fire Safety 7/21 - 8/20/24 73646 465.86 Vendor Subtotal for Section 2:7059 931.72
Section 2:7059
100-7059-5721-00 Telephone VERIZON WIRELESS SERVICES LLC Cell Phone Svcs 6/24 - 7/23/24 73569 4,048.34 100-7059-5721-00 Telephone VERIZON WIRELESS SERVICES LLC Cell Phone Svc 7/24 - 8/23/24 73651 4,202.78 Vendor Subtotal for Section 2:7059 8,251.12
Section 2:7059
100-7059-5800-00 Equipment Leases US BANK NATIONAL ASSOCIATION Toshiba Leases 7/15 - 8/15/24 73565 2,999.17 100-7059-5800-00 Equipment Leases US BANK NATIONAL ASSOCIATION Toshiba Leases 8/15 - 9/15/24 73647 3,324.41 Vendor Subtotal for Section 2:7059 6,323.58
Section 2:7059
100-7059-5800-00 Equipment Leases XEROX CORPORATION Xerox - B8170 6/22 - 7/21/24 73571 687.50 100-7059-5800-00 Equipment Leases XEROX CORPORATION Xerox Lease - C8155 6/22 - 7/21/24 73572 350.90 100-7059-5800-00 Equipment Leases XEROX CORPORATION Xerox - B8170 7/22 - 8/21/24 73573 687.50 100-7059-5800-00 Equipment Leases XEROX CORPORATION Xerox Lease - C8155 7/22 - 8/21/24 73574 519.20 100-7059-5800-00 Equipment Leases XEROX CORPORATION Xerox Lease - B8170 8/22 - 9/21/24 73656 687.50 100-7059-5800-00 Equipment Leases XEROX CORPORATION Xerox Lease - C8155 8/22 - 9/21/24 73657 519.20 Vendor Subtotal for Section 2:7059 3,451.80
Section 2:7059
100-7059-6160-00 Operating Supplies STAPLES CONTRACT & COMMERCIAL LLC Office Supplies - Non Departmental 73645 325.17 100-7059-6160-00 Operating Supplies STAPLES CONTRACT & COMMERCIAL LLC Office Supplies - Non Departmental 73645 56.31 100-7059-6160-00 Operating Supplies STAPLES CONTRACT & COMMERCIAL LLC Office Supplies - Non Departmental 73645 505.44 Vendor Subtotal for Section 2:7059 886.92
Subtotal for Section 1: 100 1,843,886.11
Section 1: 101
Section 2:0000
101-0000-3208-00 Electrical Permit Fees MARGARET G BUCKLEY TRUST Ref - Other Fees 6534 Wandermere Rd #24-0797 73634 43.00 AP-Transactions by Account (09/11/2024 - 8:23 AM) Page 14 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 43.00
Section 2:0000
101-0000-3408-00 Biology Review Fees ANDRE & SUSANNE ANDRESIAN Ref - Bio Fees CDP 23-021, 31376 Broad Beach 73603 430.00 Vendor Subtotal for Section 2:0000 430.00
Section 2:0000
101-0000-3409-00 Document Retention Fee ANDRE & SUSANNE ANDRESIAN Ref - Doc Fees CDP 23-021, 31376 Broad Beach 73603 28.00 Vendor Subtotal for Section 2:0000 28.00
Section 2:0000
101-0000-3409-00 Document Retention Fee STEPHEN GLASS Ref - Doc Fees OC 24-146, 21218 PCH 73625 29.00 101-0000-3409-00 Document Retention Fee STEPHEN GLASS Ref - Doc Fees OC 24-147, 21212 PCH 73625 29.00 Vendor Subtotal for Section 2:0000 58.00
Section 2:0000
101-0000-3409-00 Document Retention Fee MARGARET G BUCKLEY TRUST Ref - Doc Fees 6534 Wandermere Rd #24-0797 73634 8.00 Vendor Subtotal for Section 2:0000 8.00
Section 2:0000
101-0000-3409-00 Document Retention Fee ALEX WILES MALIBU LA COSTA HOA Ref - Doc Fees OC 24-148, 21222 PCH 73653 29.00 Vendor Subtotal for Section 2:0000 29.00
Section 2:0000
101-0000-3412-00 Geo Soils Engineering Fees ANDRE & SUSANNE ANDRESIAN Ref - Coastal Fees CDP 23-021, 31376 Broad Beach 73603 809.00 Vendor Subtotal for Section 2:0000 809.00
Section 2:0000
101-0000-3412-00 Geo Soils Engineering Fees DOUGLAS C CETO Ref - Geo Fees ACDP 23-016, 29332 Bluewater Rd 73612 2,639.00 Vendor Subtotal for Section 2:0000 2,639.00
AP-Transactions by Account (09/11/2024 - 8:23 AM) Page 15 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 Account Number Description Vendor Description Check No Amount Section 2:0000
101-0000-3412-00 Geo Soils Engineering Fees STEPHEN GLASS Ref - Coastal Engr Fees OC 24-146, 21218 PCH 73625 870.00 101-0000-3412-00 Geo Soils Engineering Fees STEPHEN GLASS Ref - Coastal Engr Fees OC 24-147, 21212 PCH 73625 870.00 Vendor Subtotal for Section 2:0000 1,740.00
Section 2:0000
101-0000-3412-00 Geo Soils Engineering Fees ALEX WILES MALIBU LA COSTA HOA Ref - Coastal Engr Fees OC 24-148, 21222 PCH 73653 870.00 Vendor Subtotal for Section 2:0000 870.00
Section 2:0000
101-0000-3414-00 Environmnt'l Health Review Fe ANDRE & SUSANNE ANDRESIAN Ref - EH Fees CDP 23-021, 31376 Broad Beach 73603 451.50 Vendor Subtotal for Section 2:0000 451.50
Section 2:0000
101-0000-3414-00 Environmnt'l Health Review Fe DOUGLAS C CETO Ref - EH Fees ACDP 23-016, 29332 Bluewater Rd 73612 2,015.00 Vendor Subtotal for Section 2:0000 2,015.00
Section 2:0000
101-0000-3419-00 Credit Card Fees STEPHEN GLASS Reissue Ck# 73018 Ref - Credit Card Fees 73546 11.57 101-0000-3419-00 Credit Card Fees STEPHEN GLASS Reissue Ck# 73018 Ref - Credit Card Fees 73546 11.57 101-0000-3419-00 Credit Card Fees STEPHEN GLASS Ref - Credit Card Fees 73625 26.20 101-0000-3419-00 Credit Card Fees STEPHEN GLASS Ref - Credit Card Fees 73625 26.20 Vendor Subtotal for Section 2:0000 75.54
Section 2:0000
101-0000-3419-00 Credit Card Fees MARGARET G BUCKLEY TRUST Ref - Credit Card Fees 73634 3.43 Vendor Subtotal for Section 2:0000 3.43
Section 2:0000
101-0000-3419-00 Credit Card Fees ALEX WILES MALIBU LA COSTA HOA Ref - Credit Card Fees 73653 26.20 Vendor Subtotal for Section 2:0000 26.20
AP-Transactions by Account (09/11/2024 - 8:23 AM) Page 16 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 Account Number Description Vendor Description Check No Amount Section 2:0000
101-0000-3421-00 Planning Review Fees ANDRE & SUSANNE ANDRESIAN Ref - PL Fees CDP 23-021, 31376 Broad Beach 73603 7,240.50 Vendor Subtotal for Section 2:0000 7,240.50
Section 2:0000
101-0000-3421-00 Planning Review Fees STEPHEN GLASS Reissue Ck# 73018 Ref - Planning Fees OC 24-147, 21212 PCH 73546 397.00 101-0000-3421-00 Planning Review Fees STEPHEN GLASS Reissue Ck# 73018 Ref - Planning Fees OC 24-146, 21218 PCH 73546 397.00 Vendor Subtotal for Section 2:0000 794.00
Section 2:0000
101-0000-3427-00 Technology Enhancement Fee MARGARET G BUCKLEY TRUST Ref - Building Fees 6534 Wandermere Rd #24-0797 73634 3.01 Vendor Subtotal for Section 2:0000 3.01
Section 2:0000
101-0000-3435-00 Admin Permit Processing Fee MARGARET G BUCKLEY TRUST Ref - Admin Fees 6534 Wandermere Rd #24-0797 73634 53.75 Vendor Subtotal for Section 2:0000 53.75
Section 2:2001
101-2001-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.08.2024 STD/LTD 73578 -455.90 Vendor Subtotal for Section 2:2001 -455.90
Section 2:2001
101-2001-5100-00 Professional Services COURTNEY JEAN MCCAMMON City Contract Biologist - Jul '24 73536 600.00 Vendor Subtotal for Section 2:2001 600.00
Section 2:2001
101-2001-5100-00 Professional Services ALLISON COOK Housing Element Code - Jul '24 73538 11,175.00 101-2001-5100-00 Professional Services ALLISON COOK City Planning Svcs - Jul '24 73538 5,662.50 Vendor Subtotal for Section 2:2001 16,837.50
Section 2:2001
AP-Transactions by Account (09/11/2024 - 8:23 AM) Page 17 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 Account Number Description Vendor Description Check No Amount 101-2001-5100-00 Professional Services LORRIE FEINBERG DB Updates - Leap ADU Grant - Jul '24 73550 658.13 101-2001-5100-00 Professional Services LORRIE FEINBERG DB Updates - Planning - Jul '24 73550 1,518.75 Vendor Subtotal for Section 2:2001 2,176.88
Section 2:2001
101-2001-5100-00 Professional Services RINCON CONSULTANTS INC Malibu Housing Element Update - Jul '24 73555 2,049.88 101-2001-5100-00 Professional Services RINCON CONSULTANTS INC Malibu Housing Element Update - Jul '24 73641 15,948.75 Vendor Subtotal for Section 2:2001 17,998.63
Section 2:2001
101-2001-5100-01 Coastal Dev. Permit Services COURTNEY JEAN MCCAMMON Contract Biologist - Jul '24 73536 12,178.00 Vendor Subtotal for Section 2:2001 12,178.00
Section 2:2001
101-2001-5107-00 Contract Personnel OFFICE TEAM A ROBERT HALF COMPANYTemp Staff - A. Brown 8/16/24 73601 2,240.00 101-2001-5107-00 Contract Personnel OFFICE TEAM A ROBERT HALF COMPANYTemp Staff - A. Brown 8/9/24 73601 2,240.00 Vendor Subtotal for Section 2:2001 4,480.00
Section 2:2001
101-2001-5107-00 Contract Personnel JWA URBAN CONSULTANTS INC Temp Staff - J. Wong - Jul '24 73551 3,274.50 Vendor Subtotal for Section 2:2001 3,274.50
Section 2:2001
101-2001-5107-00 Contract Personnel WILLDAN ENGINEERING Temp Staff - S. Lopez 7/1 - 7/15/24 73570 12,201.00 101-2001-5107-00 Contract Personnel WILLDAN ENGINEERING Temp Staff - S. Lopez 8/23/24 73654 13,321.50 Vendor Subtotal for Section 2:2001 25,522.50
Section 2:2001
101-2001-5210-00 Service Fees & Charges LA COUNTY REGISTRAR-RECORDER LA CO CLERK CEQA Filing - 29636 Cuthbert Rd - APRWF 23-006 73629 75.00 101-2001-5210-00 Service Fees & Charges LA COUNTY REGISTRAR-RECORDER LA CO CLERK CEQA Filing - 30000 Zenith Point Rd - ACDP 22-067 73630 75.00 101-2001-5210-00 Service Fees & Charges LA COUNTY REGISTRAR-RECORDER LA CO CLERK CEQA Filing - 6734 Zumirez Dr - CDP 20-068 73631 75.00 Vendor Subtotal for Section 2:2001 225.00
AP-Transactions by Account (09/11/2024 - 8:23 AM) Page 18 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 Account Number Description Vendor Description Check No Amount Section 2:2001
101-2001-5401-00 Advertising & Noticing 13 STARS MEDIA Legal Notice - Public Hearing 8/15/24 73600 141.52 101-2001-5401-00 Advertising & Noticing 13 STARS MEDIA Legal Notice - Public Hearing 8/8/24 73600 180.54 101-2001-5401-00 Advertising & Noticing 13 STARS MEDIA Legal Notice - Public Hearing 10-Day 8/22/24 73600 122.40 101-2001-5401-00 Advertising & Noticing 13 STARS MEDIA Legal Notice - Public Hearing 21-Day 8/22/24 73600 183.60 Vendor Subtotal for Section 2:2001 628.06
Section 2:2001
101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings 73539 463.00 101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings 73539 224.50 101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings - Citywide 73539 483.78 Vendor Subtotal for Section 2:2001 1,171.28
Section 2:2001
101-2001-6160-00 Operating Supplies STAPLES CONTRACT & COMMERCIAL LLC Office Supplies - Planning 73645 257.22 101-2001-6160-00 Operating Supplies STAPLES CONTRACT & COMMERCIAL LLC Office Supplies - Planning 73645 68.74 Vendor Subtotal for Section 2:2001 325.96
Section 2:2004
101-2004-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.08.2024 STD/LTD 73578 -402.70 Vendor Subtotal for Section 2:2004 -402.70
Section 2:2004
101-2004-5100-00 Professional Services CLANTON ENGINEERING INC Dark Sky Program - Through 7/25/24 73615 3,547.50 Vendor Subtotal for Section 2:2004 3,547.50
Section 2:2004
101-2004-5100-00 Professional Services COTTON, SHIRES & ASSOCIATES INC Geotech Reviews - Jul '24 73616 34,467.50 101-2004-5100-00 Professional Services COTTON, SHIRES & ASSOCIATES INC B&S Misc - Jul '24 73616 6,159.75 101-2004-5100-00 Professional Services COTTON, SHIRES & ASSOCIATES INC Coastal Engr Reviews - Jul '24 73616 1,827.00 101-2004-5100-00 Professional Services COTTON, SHIRES & ASSOCIATES INC Geo/Coastal Engr Counter Hours - Jul '24 73616 38,438.75 101-2004-5100-00 Professional Services COTTON, SHIRES & ASSOCIATES INC EH Counter Hours - Jul '24 73616 8,996.00 101-2004-5100-00 Professional Services COTTON, SHIRES & ASSOCIATES INC Geo/Coastal Engr Guideline Update - Jul '24 73616 334.25 AP-Transactions by Account (09/11/2024 - 8:23 AM) Page 19 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:2004 90,223.25
Section 2:2004
101-2004-5100-00 Professional Services CSG CONSULTANTS INC In-House Plan Check 7/1 - 7/26/24 73617 10,412.50 Vendor Subtotal for Section 2:2004 10,412.50
Section 2:2004
101-2004-5100-00 Professional Services LORRIE FEINBERG DB Updates - Building Safety - Jul '24 73550 5,653.12 Vendor Subtotal for Section 2:2004 5,653.12
Section 2:2004
101-2004-5107-00 Contract Personnel APPLEONE Temp Staff - J. Bellonby 8/3/24 73604 1,521.60 101-2004-5107-00 Contract Personnel APPLEONE Temp Staff - J. Bellonby 8/10/24 73604 522.00 Vendor Subtotal for Section 2:2004 2,043.60
Section 2:2004
101-2004-6160-00 Operating Supplies DANA GARZA Reimb - Ralph's ESD Meeting Snacks 73623 23.48 Vendor Subtotal for Section 2:2004 23.48
Section 2:2010
101-2010-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.08.2024 STD/LTD 73578 -37.40 Vendor Subtotal for Section 2:2010 -37.40
Section 2:2010
101-2010-5100-00 Professional Services COTTON, SHIRES & ASSOCIATES INC EH Reviews - Jul '24 73616 20,235.50 Vendor Subtotal for Section 2:2010 20,235.50
Section 2:2010
101-2010-5100-00 Professional Services LORRIE FEINBERG DB Updates - Wastewater (EH) - Jul '24 73550 675.00 Vendor Subtotal for Section 2:2010 675.00
AP-Transactions by Account (09/11/2024 - 8:23 AM) Page 20 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 Account Number Description Vendor Description Check No Amount Section 2:2012
101-2012-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.08.2024 STD/LTD 73578 -160.51 Vendor Subtotal for Section 2:2012 -160.51
Section 2:2012
101-2012-6160-00 Operating Supplies STAPLES CONTRACT & COMMERCIAL LLC Office Supplies - Code Enforcement 73645 52.90 Vendor Subtotal for Section 2:2012 52.90
Section 2:3003
101-3003-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.08.2024 STD/LTD 73578 -121.93 Vendor Subtotal for Section 2:3003 -121.93
Section 2:3003
101-3003-5100-02 CIMP CALIFORNIA STORMWATER QUALITY ASSOCIATION CASQA Membership 73609 1,000.00 Vendor Subtotal for Section 2:3003 1,000.00
Subtotal for Section 1: 101 235,423.65
Section 1: 102
Section 2:3002
102-3002-5100-00 Professional Services LORRIE FEINBERG DB Updates - Woolsey Fire - Jul '24 73550 1,316.25 Vendor Subtotal for Section 2:3002 1,316.25
Section 2:3002
102-3002-5100-01 Coastal Dev Permit Services COURTNEY JEAN MCCAMMON WF Contract Biologist - Jul '24 73536 2,626.00 Vendor Subtotal for Section 2:3002 2,626.00
AP-Transactions by Account (09/11/2024 - 8:23 AM) Page 21 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 Account Number Description Vendor Description Check No Amount Section 2:3002
102-3002-5100-03 Fire Rebuilds - ESD COTTON, SHIRES & ASSOCIATES INC WF Geo Reviews - Jul '24 73616 7,512.50 102-3002-5100-03 Fire Rebuilds - ESD COTTON, SHIRES & ASSOCIATES INC WF Counter Hours - Jul '24 73616 5,727.50 102-3002-5100-03 Fire Rebuilds - ESD COTTON, SHIRES & ASSOCIATES INC WF EH Reviews - Jul '24 73616 5,457.00 Vendor Subtotal for Section 2:3002 18,697.00
Section 2:9207
102-9207-5100-00 Latigo Canyon Rdway/Retaining TOM MALLOY CORPORATION Temp Shoring Plates - Latigo Cyn 6/20 - 7/17/24 73566 1,848.00 Vendor Subtotal for Section 2:9207 1,848.00
Section 2:9209
102-9209-5100-00 Trancas Planting & Irrigation GMZ ENGINEERING INC Trancas Park Slope Repairs - Jul '24 73547 304,142.50 Vendor Subtotal for Section 2:9209 304,142.50
Subtotal for Section 1: 102 328,629.75
Section 1: 103
Section 2:9050
103-9050-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.08.2024 STD/LTD 73578 -31.13 Vendor Subtotal for Section 2:9050 -31.13
Section 2:9050
103-9050-5100-00 Professional Services MASTER COOLING CORPORATION City Hall HVAC Maint - Aug '24 73635 2,032.90 Vendor Subtotal for Section 2:9050 2,032.90
Section 2:9050
103-9050-5100-00 Professional Services ULTIMATE MAINTENANCE SERVICES INC City Hall Janitorial Svcs - Aug '24 73567 4,350.00 103-9050-5100-00 Professional Services ULTIMATE MAINTENANCE SERVICES INC City Hall Janitorial Svcs - Jul '24 73567 4,350.00 Vendor Subtotal for Section 2:9050 8,700.00
AP-Transactions by Account (09/11/2024 - 8:23 AM) Page 22 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 Account Number Description Vendor Description Check No Amount Section 2:9050
103-9050-5610-00 Facilities Maintenance CALIFORNIA DEPARTMENT OF TAX & FEE ADMINISTRATION Aqua Chem - Aug '24 Water Treatment Acct#101-349966 73611 320.82 Vendor Subtotal for Section 2:9050 320.82
Section 2:9050
103-9050-5610-00 Facilities Maintenance MASTER COOLING CORPORATION HVAC Repairs 73552 545.00 103-9050-5610-00 Facilities Maintenance MASTER COOLING CORPORATION HVAC Repairs 73552 385.00 103-9050-5610-00 Facilities Maintenance MASTER COOLING CORPORATION HVAC Repairs 73552 1,738.40 103-9050-5610-00 Facilities Maintenance MASTER COOLING CORPORATION HVAC Repairs 73635 1,972.53 Vendor Subtotal for Section 2:9050 4,640.93
Section 2:9050
103-9050-5610-00 Facilities Maintenance THE STANDARD CONSTRUCTION City Hall Brush Clearance 73643 9,650.00 Vendor Subtotal for Section 2:9050 9,650.00
Section 2:9050
103-9050-5721-00 Telephone FRONTIER CALIFORNIA INC Phone - City Hall Septic, Irrigation, Fire, Elevator - Aug '24 73542 346.80 Vendor Subtotal for Section 2:9050 346.80
Section 2:9050
103-9050-5725-00 Trash Pickup/Recycling GI INDUSTRIES Garbage - City Hall Green Waste - Sep '24 73624 67.79 Vendor Subtotal for Section 2:9050 67.79
Section 2:9050
103-9050-6160-00 Operating Supplies WW GRAINGER INC HVAC Belts 73549 43.36 Vendor Subtotal for Section 2:9050 43.36
Section 2:9050
103-9050-6160-00 Operating Supplies HD SUPPLY INC City Hall - Janitorial Supplies 73627 586.83 Vendor Subtotal for Section 2:9050 586.83
Section 2:9050
AP-Transactions by Account (09/11/2024 - 8:23 AM) Page 23 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 Account Number Description Vendor Description Check No Amount 103-9050-6160-00 Operating Supplies MASTER COOLING CORPORATION HVAC Pump Motor 73635 9,638.00 Vendor Subtotal for Section 2:9050 9,638.00
Subtotal for Section 1: 103 35,996.30
Section 1: 207
Section 2:3004
207-3004-5100-00 Professional Services DAVID TAUSSIG & ASSOCIATES INC FY 24-25 Enrollment CFD Admin 73618 800.00 Vendor Subtotal for Section 2:3004 800.00
Section 2:3004
207-3004-5850-00 Recycling supplies 13 STARS MEDIA Ad - Organic Recycling SB1383 Grant 8/1/24 73600 268.00 207-3004-5850-00 Recycling supplies 13 STARS MEDIA Ad - Organic Recycling SB1383 Grant 8/8/24 73600 268.00 Vendor Subtotal for Section 2:3004 536.00
Subtotal for Section 1: 207 1,336.00
Section 1: 211
Section 2:7021
211-7021-5115-00 Law Enforcement Services LA CO SHERIFF'S DEPARTMENT Sheriff's Svcs - Brulte - Jul '24 73632 23,490.35 Vendor Subtotal for Section 2:7021 23,490.35
Subtotal for Section 1: 211 23,490.35
Section 1: 215
Section 2:7070
215-7070-7800-00 Other Equipment WILLIAMS SCOTSMAN INC MCLE Restroom Trailer - Toilet 8/7 - 9/3/24 73655 5,390.55 215-7070-7800-00 Other Equipment WILLIAMS SCOTSMAN INC MCLE Restroom Trailer -Tank 8/6 - 9/2/24 73655 1,034.00 Vendor Subtotal for Section 2:7070 6,424.55
AP-Transactions by Account (09/11/2024 - 8:23 AM) Page 24 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 Account Number Description Vendor Description Check No Amount Subtotal for Section 1: 215 6,424.55
Section 1: 310
Section 2:9059
310-9059-5100-00 Professional Services STACY AND WITBECK INC Reissue Ck#73368 PCH Median - Jun '24 73562 208,131.70 Vendor Subtotal for Section 2:9059 208,131.70
Section 2:9066
310-9066-5100-00 Prof Svcs - PCH Signal Sync GMZ ENGINEERING INC PCH Signal Synch Proj - Jul '24 73547 739,489.50 Vendor Subtotal for Section 2:9066 739,489.50
Section 2:9097
310-9097-5100-00 Bluffs Park South Walkway ARDALAN CONSTRUCTION COMPANY INC Retention - Bluffs Park South Walkway - Jul '24 73530 6,644.99 Vendor Subtotal for Section 2:9097 6,644.99
Section 2:9112
310-9112-5100-00 Bluffs/Equestrian Roof Replace 13 STARS MEDIA Legal Notice - NIB Bluffs Park Roof 7/11 & 7/18/24 73527 312.12 Vendor Subtotal for Section 2:9112 312.12
Subtotal for Section 1: 310 954,578.31
Section 1: 500
Section 2:7008
500-7008-5725-00 Other Utilities GI INDUSTRIES Garbage - Supercare Pharmacy - Aug '24 73545 203.62 500-7008-5725-00 Other Utilities GI INDUSTRIES Garbage - Ioki Lot - Aug '24 73545 211.99 Vendor Subtotal for Section 2:7008 415.61
AP-Transactions by Account (09/11/2024 - 8:23 AM) Page 25 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 Account Number Description Vendor Description Check No Amount Subtotal for Section 1: 500 415.61
Section 1: 515
Section 2:3010
515-3010-5721-00 Telephone BADGER METER INC Meter Monitoring - Jul '24 73532 39.56 Vendor Subtotal for Section 2:3010 39.56
Section 2:3010
515-3010-5721-00 Telephone FRONTIER CALIFORNIA INC Phone - CCWTF 8/4 - 9/3/24 73622 162.16 515-3010-5721-00 Telephone FRONTIER CALIFORNIA INC Phone - CCWTF 8/8 - 9/7/24 73622 369.74 515-3010-5721-00 Telephone FRONTIER CALIFORNIA INC Phone - CCWTF 7/4 - 8/3/24 73622 162.16 515-3010-5721-00 Telephone FRONTIER CALIFORNIA INC Phone - CCWTF 7/8 - 8/7/24 73622 368.75 Vendor Subtotal for Section 2:3010 1,062.81
Section 2:3010
515-3010-5723-00 Water LA CO MALIBU TREASURER-WATERWORKS Water - CCWTF 5/7 - 7/8/24 Acct#29153030 73633 477.46 Vendor Subtotal for Section 2:3010 477.46
Section 2:3010
515-3010-5725-00 Trash Pickup/Recycling GI INDUSTRIES Garbage - CCWTF - Aug '24 73624 233.87 Vendor Subtotal for Section 2:3010 233.87
Subtotal for Section 1: 515 1,813.70
Section 1: 601
Section 2:3005
601-3005-6330-00 Vehicle Repair & Maintenance VASUDEVAN NAICKER Car Wash City Vehicles 8/15/24 73553 140.00 601-3005-6330-00 Vehicle Repair & Maintenance VASUDEVAN NAICKER Car Wash City Vehicles 9/5/24 73639 360.00 Vendor Subtotal for Section 2:3005 500.00
Section 2:3005
AP-Transactions by Account (09/11/2024 - 8:23 AM) Page 26 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 Account Number Description Vendor Description Check No Amount 601-3005-6500-00 Motor Fuels WRIGHT EXPRESS FSC WEX BANK Gas Receipts 7/24 - 8/23/24 73613 2,107.81 Vendor Subtotal for Section 2:3005 2,107.81
Section 2:3005
601-3005-7700-00 Vehicles GALPIN MOTORS INC 2024 Ford 5-250 - CS Vehicle 73543 65,100.00 601-3005-7700-00 Vehicles GALPIN MOTORS INC 2024 Ford Escape - Pool Vehicle 73544 33,224.25 Vendor Subtotal for Section 2:3005 98,324.25
Subtotal for Section 1: 601 100,932.06
Section 1: 602
Section 2:7060
602-7060-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.08.2024 STD/LTD 73578 -140.37 Vendor Subtotal for Section 2:7060 -140.37
Section 2:7060
602-7060-5100-00 Professional Services SDI PRESENCE LLC IT Strategic Plan - Jul '24 73558 977.50 Vendor Subtotal for Section 2:7060 977.50
Section 2:7060
602-7060-5300-00 Travel and Training RICK FREDERIKSEN Mileage - Roundtrip Malibu HS 8/14/24 73621 11.93 Vendor Subtotal for Section 2:7060 11.93
Section 2:7060
602-7060-5721-00 Telephone FRONTIER CALIFORNIA INC City Hall Internet 7/28 - 8/27/24 73542 440.98 602-7060-5721-00 Telephone FRONTIER CALIFORNIA INC Phone - City Hall Fac Internet - Aug '24 73542 861.18 602-7060-5721-00 Telephone FRONTIER CALIFORNIA INC Fiber Optics Svcs 8/15 - 9/14/24 73622 1,630.00 602-7060-5721-00 Telephone FRONTIER CALIFORNIA INC City Hall Internet 8/28 - 9/27/24 73622 445.98 Vendor Subtotal for Section 2:7060 3,378.14
AP-Transactions by Account (09/11/2024 - 8:23 AM) Page 27 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 Account Number Description Vendor Description Check No Amount Section 2:7060
602-7060-5721-00 Telephone CHARTER COMMUNICATIONS HOLDINGS LLC City Hall Internet - Aug '24 73561 209.98 Vendor Subtotal for Section 2:7060 209.98
Section 2:7060
602-7060-6120-00 Computer Software BLUEBEAM INC Studio Prime 8/31/24 - 8/30/25 73533 2,340.00 602-7060-6120-00 Computer Software BLUEBEAM INC Core Software 9/9/24 - 9/8/25 73607 16,500.00 Vendor Subtotal for Section 2:7060 18,840.00
Section 2:7060
602-7060-6120-00 Computer Software GOVCONNECTION INC Adobe Acrobat Pro Annual Renewal 73548 21,292.20 Vendor Subtotal for Section 2:7060 21,292.20
Section 2:7060
602-7060-7400-00 Computer Equipment FLEXENTIAL COLORADO CORP Server Colocation - Aug '24 73652 1,021.20 602-7060-7400-00 Computer Equipment FLEXENTIAL COLORADO CORP Server Colocation - Jul '24 73652 1,021.20 Vendor Subtotal for Section 2:7060 2,042.40
Subtotal for Section 1: 602 46,611.78
Section 1: 710
Section 2:0000
710-0000-2270-04 Grading Bonds HED AHMADPOUR MD ASHRAF AHMADPOUR Grading Bond Release - 6285 Sea Star Drive #20-0179 73602 10,085.80 Vendor Subtotal for Section 2:0000 10,085.80
Section 2:0000
710-0000-2270-04 Grading Bonds CAMPGROUND LANE REALTY LLC Grading Bond Release - 28944 Grayfox St No. 21-1325 73534 64,266.00 Vendor Subtotal for Section 2:0000 64,266.00
Section 2:0000
710-0000-2270-38 Traffic Engineering Reviews KIMLEY-HORN AND ASSOCIATES INC 22959 PCH - May '24 73598 2,142.00 AP-Transactions by Account (09/11/2024 - 8:23 AM) Page 28 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 2,142.00
Section 2:0000
710-0000-2270-44 Library Event LUIS GOMEZ Audio Tech - My Ascension 9/30/24 MLSS 73584 400.00 Vendor Subtotal for Section 2:0000 400.00
Section 2:0000
710-0000-2270-54 Recorded Document Fees LA CO REGISTRAR RECCORDER/CITY CLERK Recorded Document Fees - May '24 73599 128.00 Vendor Subtotal for Section 2:0000 128.00
Section 2:0000
710-0000-2270-56 Wireless Community Facility RICHARD COMI Review of CDPA 24-003, 23525 Civic Ctr Wy - Mar '24 73537 390.00 Vendor Subtotal for Section 2:0000 390.00
Subtotal for Section 1: 710 77,411.80
Section 1: 900
Section 2:0000
900-0000-2022-02 Elective Health Insurance AFLAC-American Family Life Assurance Company PR Batch 70029.08.2024 Health EE Deduction - After 73575Tax 32.28 900-0000-2022-02 Elective Health Insurance AFLAC-American Family Life Assurance Company PR Batch 70029.08.2024 Health EE Deduction - Pre 73575 Tax 347.40 900-0000-2022-02 Elective Health Insurance AFLAC-American Family Life Assurance Company PR Batch 70015.08.2024 Health EE Deduction - Pre 73575 Tax 347.40 900-0000-2022-02 Elective Health Insurance AFLAC-American Family Life Assurance Company PR Batch 70015.08.2024 Health EE Deduction - After 73575Tax 32.28 Vendor Subtotal for Section 2:0000 759.36
Section 2:0000
900-0000-2025-00 Life Insurance Standard Insurance Company N2 PR Batch 70015.08.2024 Life Insurance 73578 1,161.82 Vendor Subtotal for Section 2:0000 1,161.82
Section 2:0000
AP-Transactions by Account (09/11/2024 - 8:23 AM) Page 29 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653 Account Number Description Vendor Description Check No Amount 900-0000-2026-00 STD/LTD Standard Insurance Company N2 PR Batch 70015.08.2024 STD/LTD 73578 3,606.77 900-0000-2026-00 STD/LTD Standard Insurance Company N2 PR Batch 70029.08.2024 STD/LTD 73578 3,584.33 Vendor Subtotal for Section 2:0000 7,191.10
Section 2:0000
900-0000-2041-00 PARS U.S. Bank PR Batch 70029.08.2024 PARS - ER Share 73579 255.70 900-0000-2041-00 PARS U.S. Bank PR Batch 70029.08.2024 PARS - EE Share 73579 1,219.45 Vendor Subtotal for Section 2:0000 1,475.15
Section 2:0000
900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70029.08.2024 ER Contribution to ICMA 73576 3,400.00 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70029.08.2024 ICMA Def Comp - % of Salary 73576 1,295.61 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70029.08.2024 ICMA Def Comp - Flat Amount 73576 13,300.39 Vendor Subtotal for Section 2:0000 17,996.00
Section 2:0000
900-0000-2042-01 ICMA Loan Program ICMA-MissionSquare Retirement - 303615 PR Batch 70029.08.2024 ICMA Loan Program 73576 1,002.60 Vendor Subtotal for Section 2:0000 1,002.60
Section 2:0000
900-0000-2043-00 Deferred Compensation 401 ICMA-MissionSquare Retirement - 108658 PR Batch 70029.08.2024 ICMA - City Manager 73577 600.00 Vendor Subtotal for Section 2:0000 600.00
Subtotal for Section 1: 900 30,186.03
Report Total: 3,687,136.00
AP-Transactions by Account (09/11/2024 - 8:23 AM) Page 30 Docusign Envelope ID: AAAD053F-A1EC-4CEB-950B-785BFD4BC653

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Agenda Item # 3.B.3.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Steve McClary, City Manager
Date prepared: September 11, 2024 Meeting date: September 23, 2024 Subject: Approval of Minutes
RECOMMENDED ACTION: Approve the minutes for the August 12, 2024 Regular Meeting.

FISCAL IMPACT: There is no fiscal impact associated with the recommended action.

STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2023-24 Strategic Priority Project List. Staff continue to work on ongoing projects and normal business while the FY 2024-25 Strategic Priority Plan is finalized.

DISCUSSION: Staff has prepared draft minutes for the Council meeting on August 12, 2024.

ATTACHMENTS:

August 12, 2024 Regular Meeting
City Council Meeting
09-23-24
Item

3.B.3.
1 Attachment 1

MINUTES

MALIBU CITY COUNCIL

REGULAR MEETING
AUGUST 12, 2024

COUNCIL CHAMBERS
6:30 P.M.

MEETING CALL TO ORDER
Mayor Stewart called the meeting to order at 6:00 p.m.

ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:

PRESENT: Mayor Doug Stewart; Mayor Pro Tem Marianne Riggins; and Councilmembers Paul Grisanti, Bruce Silverstein, and Steve Uhring.

PUBLIC COMMENT ON CLOSED SESSION
Mayor Stewart opened the floor to public comment.

Speakers: None.

RECESS TO CLOSED SESSION
At 6:02 p.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:

Personnel Matters pursuant to Government Code Section 54957:

1. Public Employee Performance Evaluation
Title: City Manager

REGULAR SESSION CALL TO ORDER
Mayor Stewart called the meeting to order at 6:30 p.m.

ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:

PRESENT: Mayor Doug Stewart; Mayor Pro Tem Marianne Riggins; and Councilmembers Paul Grisanti, Bruce Silverstein and Steve Uhring.

ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Alexis Brown, Deputy City Manager; Kelsey Pettijohn, City Clerk; Kristin Riesgo, Community Services Director; Susan Dueñas, Public Safety Director; Rob DuBoux, Public Works Director; Parker Davis, Media Technician; 2 Malibu City Council
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Christina Muñoz, Deputy City Clerk; Chris Orosz, Recreation Supervisor; and Raneika Brooks, Senior Planner

PLEDGE OF ALLEGIANCE
Ranger Tim Pera led the Pledge of Allegiance.

CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 6:00 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Section 54957, with all Councilmembers present. He stated the Council discussed the items on the Closed Session agenda and took no reportable action.

REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for this meeting was properly posted on August 2, 2024, with the amended agenda posted on August 9, 2024. She stated the amended agenda was properly posted in the posting board at City Hall, but the public may have an encountered an error accessing the agenda online over the weekend. She stated the staff reports for the meeting were available online over the weekend and a copy of the agenda was available online in the Public Meeting Video Archive.

APPROVAL OF AGENDA
MOTION Mayor Pro Tem Riggins moved, and Councilmember Grisanti seconded a motion to approve the agenda. The motion carried unanimously.

ITEM 1 CEREMONIAL/PRESENTATIONS
A. Malibu Education Foundation Progress Update Presentation Karin Al-Hardan presented on progress establishing a centralized funding entity to help support Malibu schools.

Daryl Adams, Malibu Middle School Athletic Coordinator, spoke about the Malibu Education Foundation athletic programs.

Charlie Vanderbilt, Member of the Manta Rays soccer team, discussed his experience being part of the Founder’s Club and playing for the team.

The Council directed questions to Ms. Al-Hardin, Stacy Rouse, and staff.

ITEM 2.A. PUBLIC COMMENTS
Norm Haynie discussed residents obtaining fire-flow water requirements in Lower Encinal Canyon. He discussed Water District No. 29 plans to remove the current 3 Malibu City Council
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water tank to replace it with a larger tank. He expressed concern that Lower Encinal Canyon would have insufficient water flow for fighting potential fires during the project.

Tim Pera, Mountains Recreation and Conservation Association (MRCA) Ranger, provided the monthly coastal ranger report. He reported 299 parking citations, and 15 administrative citations were issued. He reported extended maintenance patrols were implemented due to the high volume of visitors. He reported Los Angeles County services were offered to an individual experiencing homelessness, and he left Bluffs Park. He reported extended ranger patrols for fire prevention and lookouts.

Kim Sichta deferred time to Joe Sichta.

Chris Ayotte deferred time to Joe Sichta.

Valerie Seabaugh deferred time to Joe Sichta.

Julia Morriss deferred time to Joe Sichta.

Joe Sichta, Malibu Aquatics Foundation, discussed the Malibu Aquatics Foundation and the Malibu Seawolvesswim team and changes in the swim program and community over the last year. He discussed the replacement of Coach Eric Rand, in part, due to his lack of ability to meet technical coaching needs and not possessing U.S. Masters certification required for insurance. He requested review of the request for qualifications (RFQ) process.

Sue Murphree deferred time to Patrick Murphree.

Patrick Murphree discussed his family’s participation in the Malibu Seawolves swim program and the higher level of training received as opposed to the Malibu High School swim club. He discussed his wife’s participation in the Malibu Aquatics Foundation. He requested re-evaluation of the proposals to include reviewers versed in U.S.A. swimming. He discussed the reduced pool time in the selected proposal for older swimmers. He discussed the proposal reviewers.

Steve Hotchkiss discussed his involvement in founding the Malibu Seawolves swim team and the Malibu Aquatics Foundation. He discussed coaching changes and the swimming community and stated that the new swim club would not produce a competitive swim team. He discussed the proposal reviewers.

Michel Shane discussed his Pacific Coast Highway (PCH) driver safety education initiative which included working with children early on so they would be prepared once they started driving.

Lester Tobias discussed the proposal he sent to City Council to improve the planning development process. He encouraged City Council candidates to state if 4 Malibu City Council
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they were in favor of fixing the planning process and suggested hiring him to fix it.

He elaborated on his qualifications and ideas.

Debra Bianco announced the Malibu Farmers Market 25th anniversary. She offered to sponsor a booth for the Malibu Aquatics Foundation. She requested the City allow the Farmer’s Market to use the perimeter of Legacy Park for the market.

Ingrid Yael thanked Congressman Brad Sherman for awarding the Malibu Farmer’s Market and Cornucopia Foundation a certificate for outstanding and invaluable service to the community.

Ryan Embree stated that he was pleased that the City was embarking on an update to the safety element of the General Plan. He discussed his attendance at a workshop hosted by Caltrans. He stated that the center lane was the emergency evacuation route and should not be removed.

Bob Archer discussed Councilmembers Uhring and Silverstein, and Planning Commission Chair Mazza’s relationship with the Malibu Township Council, and the treatment of staff, leading to turnover and costly litigation. He discussed delays in the planning process. He discussed postings on social media and unregistered lobbying activities.

Kraig Hill discussed PCH safety and stated that the two applications for establishments that serve alcohol that were approved at the July 15, 2024 Planning Commission meeting were at odds with the goal of improving safety. He discussed Land Use Policy 73 which limits the city to no more than one off-sale Alcoholic Beverage Control license per 2,000 residents and Land Use Policy 4.1.5 which prohibits undue concentration of businesses that sell alcohol for offsite consumption. He suggested that the Council publicly state the prioritization of safety, providing informal guidance for the Planning Commission. He suggested supporting businesses that do not detrimentally affect PCH safety and not promote Malibu as a drinking destination.

Colin Drummond protested the aquatics program RFQ process and decision. He expressed concern regarding the selection process and merit of the evaluators. He stated the applicant that was selected would not serve the needs of the professionally aspiring swim community.

Jo Drummond discussed PCH safety and requested a discussion item on Nobu’s conditional use permit (CUP) due to repeated violations. She stated that she spoke to Stacy Rouse of the Malibu Education Foundation and requested Melanie Haseker step down from the board due to her lack of fundraising experience and responsiveness to inquiries, reinstate Karin Al-Harden as president, scale back board membership, and conduct open meetings. She discussed the skate park design and suggested it be kept competitive and challenging.

Bill Sampson discussed his sobriety and the Planning Commission meeting where 5 Malibu City Council
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the applications for alcohol sale were approved. He discussed his participation in the masters swim program. He discussed the flawed selection process for the swim program.

Kai Mizumo discussed Councilmember Silverstein’s interest in exposing corruption and requested he examine Councilmember Uhring’s and Planning Commission Chair Mazza’s activities that he felt were improper.

ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES City Manager McClary discussed Nobu and stated that they were cited for an unpermitted event on July 4, 2024. He stated that Nobu management was urged to move forward with a conditional use permit (CUP) modification application. He stated that there would be an item on the potential modification or revocation of the existing CUP. He discussed the Topanga Lagoon Restoration project and stated the public comment period ends August 13, 2024. He reported LAZ parking enforcement started July 4, 2024, issuing 2,135 of the more than 4,000 parking citations issued in the City. He thanked those who participated in phase one of the Malibu Community Lands outreach project and announced the second workshop would be held at 6:00 p.m. on August 22, 2024, at City Hall. He stated that Senate Bill 1297 pertaining to speed cameras was scheduled to go to the assembly appropriations committee during the current week, and, if approved, would proceed to the assembly floor for a vote. He provided CHP PCH statistics for the period of January through mid-July 2024. He reported nearly 1,800 speeding tickets were issued, three for over 100 mph, and one for reckless driving. He reported six vehicles were impounded, six arrests for offenses not related to driving under the influence (DUI), and three arrests for DUI. He stated nearly 2,100 citations total were issued during that period. He announced an in-person Caltrans PCH master plan community workshop was scheduled for August 28, 2024, from 6:00 p.m. to 8:00 p.m. at City Hall. He stated a virtual workshop would be held September 12, 2024. He announced the City’s Safety and Preparedness Fair was scheduled for September 15, 2024.

Sergeant Chris Soderlund, Los Angeles County Sheriff Department, provided statistics for July 2024. He reported 47 part one crimes, which brought the yearto-date total to 215, compared to 272 the prior year at the same time. He reported a citation was issued to a driver at Webb Way and PCH for speeding at 80 miles per hour in a 30 miles per hour zone. He reported the Beaches and Harbors maintenance complex at Zuma Beach was burglarized. He reported an arrest was made of an individual for possession of a loaded firearm at PCH and Serra Road.

He reported an individual was arrested for DUI in the 22000 block of PCH. He reported an arrest was made in the 19000 block of PCH for possession of a stolen vehicle. He reported an arrest was made in the 31000 block of Broad Beach Road for possession of a stolen vehicle. He reported the beach team, through the end of July, issued 287 citations for alcohol on the beach, 303 traffic citations, 1,325 parking citations, and 184 vehicles were towed. He reported the special assignment deputies, on August 8, 2024, at PCH and Carbon Canyon Road arrested an 6 Malibu City Council
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individual who had two outstanding warrants for grand theft and evading police, for multiple offences. He reported that on August 9, 2024, the special assignment deputies, in the area of Tuna Canyon and PCH, arrested an individual for trespassing into a house that was for sale, and possession of property that was stolen on June 7, 2024, from a vehicle parked at Latigo Point.

In response to Mayor Stewart, he stated that the area where many recreational vehicles parked along PCH, south of Topanga Canyon Road, was the responsibility of the California Highway Patrol.

ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Uhring discussed his activities during the summer recess. He discussed a black bear on Harbor Vista Drive and the Los Angeles County Sheriff and Fish and Wildlife response to tag and relocate the bear. He stated he attended an event with a presentation of a large animal sling for use by the fire department for large animal rescue. He discussed the goats brush clearing event in the Malibu West neighborhood, and commended Tracy Weirick for her work on the event. He addressed the public speakers and discussed the letter from Adrian Fernandez.

In response to Councilmember Uhring, City Manager McClary stated the investigation into the allegations in the letter was underway.

Councilmember Uhring discussed short-term rentals (STR) negotiations between the California Coastal Commission and the City of Seal Beach and the higher concentration of STRs in Malibu than Seal Beach. He discussed the need for a disaster fund and requested City Manager McClary provide more information. He recommended a commendation for the Malibu Farmers Market for their 25-year anniversary. He discussed the future Interim Planning Director and requested changes to Planning Department staff recommendations. He commented on the number of variances requested and granted. He discussed issues related to camps set up by individuals experiencing homelessness and requested action be taken.

In response to Councilmember Uhring, Assistant City Manager Toney stated staff was not providing direction or pushing projects forward, he stated staff frequently “said no” to projects daily and tried to help facilitate projects within the City’s code.

Councilmember Grisanti stated his neighborhood had the running of the goats event and recommended goats for brush clearance. He discussed CCC permitting STRs in beach communities, and noted Seal Beach increased STR permits in the coastal zone and Malibu strived to reduce the number. In response to Ms. Drummond, he stated that the changes in the Skate Park design would not result in a less challenging course, but would be dug in deeper, with the drops remaining the same.

He stated that he attended the CCC meeting the week prior, where they adopted the new sea rise guidance. He stated he went to the Los Angeles County Office of Education (LACOE) meeting on City’s petition, and announced the hearing will be scheduled for November 2024. He discussed Community Emergency Response 7 Malibu City Council
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Team (CERT) restocking emergency supplies. He thanked Mr. Shane for participating in hearings in Sacramento regarding highway safety.

Councilmember Silverstein thanked the public speakers and those who submitted written comments. He suggested written comments be sent in time for the Councilmembers to read them. In response to Mr. Haynie, he requested research on whether there would be water available for firefighting during the replacement of the water tank in Lower Encinal Canyon.

In response to Councilmember Silverstein, Community Services Director Riesgo stated staff had confirmation from USA swim that the Malibu Marlins team and coaches were in good standing and there was adequate liability insurance. She stated that the Marlins were going to do adult conditioning during the fall, so the Master swimming certification was not required. She stated it was staff’s understanding that coach Eric Ran was a lifeguard at Malibu High School, and she did not know if he provided other services. She stated Malibu Marlins notified staff the organization was not a party in any litigation.

In response to Councilmember Silverstein, Mr. Sichta stated sharing the pool had allowed both teams to have swim time, but the water polo team was coming back and limiting available pool time. He stated Seawolves was not in support of sharing the pool but accommodated the changes. He stated the program was willing to share the pool if possible.

Councilmember Silverstein, in response to Mr. Shane, commented on Cruise Malibu, and stated that the image of driving and seeing celebrities was not one he would like to see projected. He indicated support for Mr. Shane’s highway safety programs. He stated the Councilmembers were committed to improving the Planning process and indicated support for a more expeditious review of small to medium projects, and tighter review of large and commercial projects. He indicated support for Farmers Market commendation. He suggested the location behind La Paz for a larger Farmers Market. He encouraged Mr. Archer and Mr. Mizumo to reach out to him directly with facts. He discussed correspondence from attorneys representing the Malibu Inn Motel project that requested it to be remanded to the Planning Commission or the Planning Department.

In response to Councilmember Silverstein, Interim City Attorney Rusin stated that the project would require a separate public hearing.

Councilmember Silverstein requested the Malibu Inn Motel applicant provide proof that the project was withdrawn by the applicant prior to the Council’s vote. He stated that since a resolution denying the project had not been presented to the Council for final approval, the applicant could withdraw the application, but the project would not be remanded to the Planning Commission. He stated that he was visited by the bear on Harbor Vista and he would hope that the bear would be relocated to someplace safe from the dangers people and PCH presented to her. 8 Malibu City Council
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Mayor Pro Tem Riggins stated she attended a LACOE meeting where the dates were set for November hearings. She stated that there would be hearings by the Santa Monica-Malibu Unified School District (SM-MUSD) on the agreement in October. She announced the weed pulling event at Point Dume Headlands on Wednesday, August 14, 2024. She announced she attended 49th annual Natural Hazard Conference in Colorado and discussed Los Angeles County/Malibu fire brigade program. She commented on the Seal Beach short term rentals and stated that there were likely more hotel and motel accommodations in their community than in Malibu. She encouraged Ranger Pera to contact the City’s Public Safety Department for information on arson watch. She commented on the challenges of development in Malibu due to the comprehensive General Plan, Malibu Municipal Code, and Local Coastal Program that strives to protect the environment. She agreed there should be some streamlining, but it would take an in-depth analysis of the variety of projects proposed.

In response to Mayor Pro Tem Riggins, City Manager McClary stated that regarding Encinal Canyon residents water issues they were experiencing, he spoke with the building official geological team had issued corrections about four months ago and had several meetings to clarify, and they were waiting for a resubmission.

Mayor Pro Tem Riggins announced the next Library Speaker series event on August 13, 2024.

Mayor Stewart congratulated Tom Schaar on his silver medal in skateboard at the 2024 Olympics. He stated SM-MUSD had found a school bus solution for the first semester. He commended Councilmember Grisanti, Councilmember Riggins and the school district separation team for their work on school district separation. He discussed the community land outreach projected and encouraged the public to participate in phase 2. He announced the speed camera bill would go before the appropriations committee on August 15, 2024. He discussed the efforts from City staff, community members, and legislators to get the speed camera bill approved.

He discussed the 4.4 earthquake today and thanked the Community Emergency Response Team (CERT) for keeping the emergency bins supplied. He reminded the public to prepare their emergency supplies. He discussed how the bear on Harbor Vista had traveled from Claremont to Malibu. He stated there had not been any major design changes to the skatepark. He stated on July 15, 2024 he attended a City Council Policy Review Ad Hoc Committee meeting. He discussed options to expedite small projects. He stated on July11, 2024 he spoke with the City’s auditors. He stated he attended the Caltrans Feasibility Study meeting on July 18, 2024, and the Special City Council meeting on July 22, 2024, Malibu Business Roundtable on August 2, 2024. He stated he participated in an interview for a potential Interim Planning Director with Councilmember Riggins. He stated he had a call with City Manager McClary, Public Safety Director Dueñas, Councilmember Silverstein, Captain Seetoo, and Seargent Soderlund to discuss PCH Safety. He discussed understaffing in the Sheriff’s Department and the importance of using technology as a force-multiplier. He congratulated the candidates who are running for City Council.
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Interim City Attorney Rusin cautioned the Councilmembers that they could not comment on individuals running for City Council.

ITEM 3 CONSENT CALENDAR
Item Nos. 3.B.14 was pulled by the Council.

MOTION Councilmember Silverstein moved, and Councilmember Grisanti seconded a motion to approve the Consent Calendar, pulling Item Nos. 3.B.14. The motion carried unanimously.

The Consent Calendar consisted of the following items:

A. Previously Discussed Items

1. Second Reading and Adoption of Ordinance No. 520
Recommended Action: Conduct second reading, unless waived, and adopt Ordinance No. 520, finding the proposed code amendments exempt under CEQA, approving the California Coastal Commission (CCC) suggested modifications to LCPA No. 20-001, an amendment to the LCP Local Implementation Plan (LIP) sign regulations, and repealing Ordinance No. 483.

B. New Items

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 72943-73199 on the register from the General Fund and direct the City Manager to pay out the funds to each of the claimants listed in Warrant Register No. 751 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $5,352,617.49. City of Malibu payroll check number 5479-5480 and ACH deposits were issued in the amount of $1,791,419.81.

3. Approval of Minutes
Recommended Action: Approve the minutes for the June 10, 2024 Regular Meeting and June 20, 2024 Special Meeting.

4. Jake Kuredjian Citizenship Award
Recommended Action: At the recommendation of the Parks and Recreation Commission, approve the nominations of Shari Latta and Poison Free Malibu as the 2024 Jake Kuredjian Citizenship Award recipients.

5. General Plan Safety Element Update
Recommended Action: 1) Adopt Resolution No. 24-41 initiating amendments to the Safety Element of the General Plan and finding the action exempt from the California Environmental Quality Act; 2) Direct the Planning Commission to schedule a public hearing; and 3) Authorize the Mayor to execute a professional services agreement with Capstone City 10 Malibu City Council
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Planning to assist Public Safety staff with securing and managing a consultant to update the Safety Element of the General Plan.

6. Professional Services Agreements for On-Call Civil Engineering Services Recommended Action: 1) Authorize the Mayor to execute Professional Services Agreements with Kimley-Horn & Associates, Inc. (Kimley-Horn), M6 Consulting, Inc. (M6), and Interwest Consulting Group (Interwest) to provide On-Call Civil Engineering Services.

7. Professional Services Agreement for On-Call Traffic Engineering Services Recommended Action: 1) Authorize the Mayor to execute Professional Services Agreements with Kimely-Horn & Associates, Inc. (Kimley-Horn), Transtech Engineers, Inc., and General Technologies and Solutions (GTS) to provide On-Call Traffic Engineering Services.

8. Professional Services Agreement for On-Call Land Surveying Services Recommended Action: 1) Authorize the Mayor to execute a Professional Services Agreement with MNS Engineers, Inc. to provide On-Call Land Surveying Services.

9. Amendment to Professional Services with American Guard Services, Inc.

Recommended Action: Authorize the Mayor to execute Amendment No. 2 to the Professional Services Agreement with American Guard Services, Inc. extending the term of the Agreement to expire July 8, 2025.

10. Los Angeles County Measure R Transportation Funding Agreement Amendment
Recommended Action: Authorize the Mayor to execute the Los Angeles County Measure R Funding Agreement Amendment for the Pacific Coast Highway Median Improvements Project.

11. Malibu Education Foundation Memorandum of Understanding Amendment Recommended Action: Authorize the Mayor to execute Amendment No. 1 to the Memorandum of Understanding (MOU) between the City and the Malibu Education Foundation (MEF) for a General Fund Grant.

12. Resolution Extending the Declaration of the Existence of a Local Emergency Regarding Conditions on Pacific Coast Highway (PCH) Recommended Action: Adopt Resolution No. 24-40 extending the declaration of the existence of a local emergency related to the increase of reckless and illegal driving on pacific coast highway and directing staff to coordinate efforts with other governmental agencies to increase attention and create programs to reduce the risk and danger associated with pacific coast highway in the City.

13. Investment Report for the Month Ending June 30, 2024 Recommended Action: Receive the Investment Report for the month ending June 30, 2024.

The following items were pulled from the consent calendar for individual consideration:

14. Adoption of Resolution No. 24-43, Appointment and Employment Contract for Interim Planning Director
Recommended Action: 1) Adopt Resolution No. 24-43 appointing Maureen Tamuri as Interim Planning Director pursuant to Government Code Section 11 Malibu City Council
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_________________________
21221(h); and 2) Authorize the City Manager to execute the employment agreement with Maureen Tamuri.

The Council discussed the item and directed questions to staff.

MOTION Councilmember Grisanti moved, and Mayor Pro Tem Riggins seconded a motion to: 1) Adopt Resolution No. 24-43 appointing Maureen Tamuri as Interim Planning Director pursuant to Government Code Section 21221(h); and 2) Authorize the City Manager to execute the employment agreement with Maureen Tamuri. The motion carried unanimously.

Maureen Tamuri stated she was excited to work with Malibu and discussed her experience.

ITEM 4 ORDINANCES AND PUBLIC HEARINGS
A. Reorganization of City Council Agenda Format for Regular City Council Meetings Recommended Action: 1) Adopt Resolution No. 24-39 superseding and replacing Resolution No. 99-007 and Section 1 (VI)(A) of Resolution No. 98-083 to establish the start time and format for Regular City Council Meetings, 2) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 521 amending Malibu Municipal Code Section 2.08.010 and determining the start time of regular City Council meetings shall be set by resolution, and 3) Direct staff to schedule second reading and adoption of Ordinance No. 521 for the August 26, 2024, City Council Regular meeting.

Assistant City Manager Toney presented the staff report.

Mayor Stewart opened the floor to public comment.

Speakers: Ryan Embree
As there were no other speakers present, Mayor Stewart returned the matter to the table for discussion.

The Council discussed the item and directed questions to staff.

MOTION Mayor Pro Tem Riggins moved, and Councilmember Silverstein seconded a motion to: 1) adopt Resolution No. 24-39, Resolution No. 24-39, correcting a typographical error in Section 2(A) to clarify that the regular meeting shall commence at the hour of 5:30 p.m., superseding and replacing Resolution No. 99- 007 and Section 1 (VI)(A) of Resolution No. 98-083 to establish the start time and format for Regular City Council Meetings, 2) after the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 521 amending Malibu Municipal Code Section 2.08.010 and determining the start time of regular City Council meetings shall be set by resolution, and 3) direct staff to schedule second 12 Malibu City Council
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_________________________
reading and adoption of Ordinance No. 521 for the August 26, 2024, City Council Regular meeting. The motion carried 4-1, Councilmember Uhring opposed.

RECESS At 9:05 p.m., Mayor Stewart recessed the meeting. The meeting resumed at 9:16 p.m. with all Councilmembers present.

ITEM 5 OLD BUSINESS
A. Malibu Pacific Coast Highway Safety Projects Report
Recommended Action: 1) Receive a report on Pacific Coast Highway (PCH) Safety Projects and Special Initiatives; and 2) Provide direction to staff allocation of resources towards education and awareness campaign.

Deputy City Manager Brown, Public Works Director DuBoux, and Public Safety Director Dueñas presented the staff report.

Mayor Stewart opened the floor to public comment.

Speakers: Ryan Embree, and Marissa Coughlan
As there were no other speakers present, Mayor Stewart returned the matter to the table for discussion.

The Council discussed the item and directed questions to staff.

MOTION Mayor Pro Tem Riggins moved, and Councilmember Grisanti seconded a motion to direct staff to bring back a proposal with a media plan and a budget. The motion carried unanimously.

ITEM 6 NEW BUSINESS
A. American Youth Soccer Organization Fee Waiver
Recommended Action: Consider whether to approve the request from American Youth Soccer Organization to waive the field use fees for the 2024-25 soccer season.

Recreation Supervisor Orosz presented the staff report.

Mayor Stewart opened the floor to public comment. As there were no speakers present, Mayor Stewart returned the matter to the table for discussion.

The Council discussed the item.

MOTION Councilmember Silverstein moved, and Councilmember Uhring seconded a motion to approve the request from American Youth Soccer Organization to waive the field use fees for the 2024-25 soccer season. The motion carried unanimously. 13 Malibu City Council
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B. Boys & Girls Club of Malibu Event Fee Waiver
Recommended Action: Consider whether to approve the request from the Malibu Foundation for Youth and Families, DBA Boys & Girls Club of Malibu, to waive facility use fees and staffing costs associated with the Chili Cook-Off event.

Recreation Supervisor Orosz presented the staff report.

Mayor Stewart opened the floor to public comment.

Speaker: Kasey Earnest
As there were no other speakers present, Mayor Stewart returned the matter to the table for discussion.

The Council discussed the item and directed questions to Ms. Earnest.

MOTION Councilmember Silverstein moved, and Councilmember Uhring seconded a motion to approve the request from the Malibu Foundation for Youth and Families, DBA Boys & Girls Club of Malibu, to waive facility use fees and staffing costs associated with the Chili Cook-Off event.

The Council discussed the item and directed questions to Ms. Earnest.

The motion carried unanimously.

C. Civic Center Water Treatment Facility Phase 2 Update Recommended Action: Receive an update on the Civic Center Water Treatment Facility Phase 2 project.

Public Works Director DuBoux presented the staff report.

The Council directed questions to staff.

Mayor Stewart opened the floor to public comment.

Speakers: Marissa Coughlan, and Ryan Embree
Don Schmitz was not available at the time of the hearing.

As there were no other speakers present, Mayor Stewart returned the matter to the table for discussion.

The Council discussed the item and directed questions to staff.

Without objection, Mayor Stewart received and filed.

MOTION Councilmember Grisanti moved, and Councilmember Riggins seconded a motion 14 Malibu City Council
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_________________________
to hear Item No. 6.D. after 10:30 p.m. The motion carried unanimously.

D. Wastewater Allocation Modification
Recommended Action: Adopt Resolution No. 24-38 establishing criteria and a process for the transfer of wastewater capacity between properties served by the Civic Center Water Treatment Facility, Phase 1.

Public Works Director DuBoux presented the staff report.

The Council directed questions to staff.

Mayor Stewart opened the floor to public comment. As there were no speakers present, Mayor Stewart returned the matter to the table for discussion.

The Council discussed the item and directed questions to staff.

MOTION Mayor Pro Tem Riggins moved, and Councilmember Grisanti seconded a motion to adopt Resolution No. 24-38 establishing criteria and a process for the transfer of wastewater capacity between properties served by the Civic Center Water Treatment Facility, Phase 1. The motion carried unanimously.

MOTION Mayor Pro Tem Riggins moved, and Councilmember Grisanti seconded a motion to hear Item No. 6.E. after 10:30 p.m. The motion carried unanimously.

E. Los Angeles County Governance Reform Package
Recommended Action: Authorize Mayor to send letter of support regarding Los Angeles County Governance Reform Package proposed by Supervisor’s Lindsey Horvath and Janice Hahn.

Deputy City Manager Brown presented the staff report.

Mayor Stewart opened the floor to public comment.

Speaker: Ryan Embree
As there were no other speakers present, Mayor Stewart returned the matter to the table for discussion.

The Council discussed the item and directed questions to staff.

MOTION Councilmember Silverstein moved, and _SU seconded a motion to authorize the Mayor to send letter of support regarding Los Angeles County Governance Reform Package proposed by Supervisor’s Lindsey Horvath and Janice Hahn.

The Council discussed the motion.

The motion carried unanimously.
15 Malibu City Council
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_________________________
ITEM 7 COUNCIL ITEMS
None.

ADJOURNMENT
Mayor Stewart adjourned the meeting at 11:19 p.m.

Approved and adopted by the City Council of the
City of Malibu on __________.
_________________________________
DOUG STEWART, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
16

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Agenda Item # 3.B.4.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Steve McClary, City Manager
Date prepared: September 3, 2024 Meeting date: September 23, 2024 Subject: Receive and File Notice of Intention to Amend the Conflict of Interest Code
RECOMMENDED ACTION: Receive and file the Notice of Intention to Amend the Conflict of Interest Code.

FISCAL IMPACT: There is no fiscal impact associated with the recommended action.

DISCUSSION: The City of Malibu is required to adopt a Conflict of Interest Code pursuant to Government Code Section 87300, comprising a part of the Political Reform Act of 1974.

The Code also designates City officials, officers, employees, and consultants who make or participate in making governmental decisions which may affect their financial interests, who must disclose those interests in certain financial disclosure statements. The City’s current Code was adopted on August 22, 2022 by Resolution No. 22-38.

The Political Reform Act requires all local government agencies to review their Code biennially and to revise them as necessary to adapt to changes in the organization. On June 24, 2024, the City Council directed that this review be conducted. The Notice of Intention for this review must be filed with the City Council by October 1, 2024.

The proposed code amendment will be considered by the City Council at its November 25, 2024 meeting.

ATTACHMENTS: Biennial Notice of Intention
City Council Meeting
09-23-24
Item

3.B.4.
1 www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)

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2024 Local Agency Biennial Notice
Name of Agency:

Mailing Address:

Contact Person: Phone No.

Email: Alternate Email:

Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.

This agency has reviewed its conflict of interest code and has determined that (check one BOX):
 An amendment is required. The following amendments are necessary:
(Check all that apply.)
 Include new positions
 Revise disclosure categories
 Revise the titles of existing positions
 Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
 Other (describe)
 The code is currently under review by the code reviewing body.  No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2024, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.

Attachment 1
2

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Agenda Item # 3.B.5.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Steve McClary, City Manager
Date prepared: September 4, 2024 Meeting date: September 23, 2024 Subject: Resolution Extending the Declaration of the Existence of a Local Emergency Regarding Conditions on Pacific Coast Highway (PCH) RECOMMENDED ACTION: Adopt Resolution No. 24-47 extending the declaration of the existence of a local emergency related to the increase of reckless and illegal driving on pacific coast highway and directing staff to coordinate efforts with other governmental agencies to increase attention and create programs to reduce the risk and danger associated with pacific coast highway in the City.

FISCAL IMPACT: There is no fiscal impact associated with the recommended action.

STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2023-24 Strategic Priority Project List.

DISCUSSION: On November 13, 2023, the Council adopted Resolution No. 23-52 declaring the existence of a local emergency in response to increasing reckless and illegal driving on PCH. The Council last reviewed and extended this declaration on August 12, 2024.

The California Emergency Service Act allows the City to proclaim a local state of emergency when needed to protect the public safety in dire circumstances. The status and use of Pacific Coast Highway (“PCH”) currently constitutes a condition, or threatened condition, of extreme peril to the safety of persons and property within the City of Malibu.

PCH is the City’s main thoroughfare and each day serves as a commuting route, a residential street, a business corridor, and for persons accessing beaches and other local recreation amenities, a pathway used by pedestrians and cyclists. PCH is a California State Highway (State Route 1) that is managed and maintained by the California Department of Transportation (“Caltrans”) with a posted speed limit ranging between 45- City Council Meeting
09-23-2024
Item

3.B.5.
1

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Agenda Item # 3.B.5.
55 miles per hour in the City. Excessive speeding, reckless driving, unsafe U-turns, and distracted driving caused by cell phone use and other distractions have resulted in increased collisions with other motorists, cyclists and pedestrians on PCH that have resulted in injury and death.

According to data from the Statewide Integrated Traffic Records System obtained through UC Berkley’s Transportation Injury mapping system, between 2018 and 2022 there were 22 deadly crashes on PCH in the City, resulting in the death of 23 people. Data from the California Highway Patrol indicates that there have been 49 fatalities along PCH in Malibu from 2012-22. And finally, the Los Angeles Times has reported that there have been 170 combined deaths and serious injuries to drivers, passengers, cyclists and pedestrians between 2011 and 2023 along PCH in the City. Further, countless other close calls or near misses from the danger posed by the conduct on PCH are impossible to quantify. More recently, a crash occurred on PCH resulting in the tragic and unnecessary loss of four Pepperdine University students who were walking along PCH. According to authorities, the driver of the car was allegedly traveling at a speed in excess of 100 miles per hour when his vehicle lost control, sideswiped at least three parked cars and then crashed into a group of people including the four Pepperdine University students and two others.

These statistics and most recent tragedies are all consistent with the day-to-day experience of City residents, visitors, officials, and staff. PCH has become increasingly dangerous to residents and visitors due to the common occurrence of drivers speeding, driving recklessly, or driving while distracted. Residents and visitors are now forced to weigh and modify their use of PCH depending on the time of day and other factors (e.g., weather, weekend vs. weekday, existing traffic conditions, etc.) because of the danger posed. Despite efforts by the City and other governmental agencies to improve the safety of PCH, the point has been reach that the risk is just too great. The status quo is no longer acceptable and action must be taken to mitigate this local emergency.

PCH is a State Highway managed and controlled by Caltrans. Sections 83 and 90 of the Street and Highways Code state that Caltrans has jurisdiction, possession, control and responsibility for the maintenance of State Highways. Further sections of the Streets and Highways Code make clear that Caltrans is the entity with decision-making power over PCH in the City, including improvements, safety elements and speed limits. Further, Streets and Highway Code section 124 states that it is Caltrans, not the City, that can restrict the use of, or close, a State Highway for the protection of the public. Law enforcement agencies such as the Los Angeles County Sheriff’s Department (LASD) and the California Highway Patrol have enforcement jurisdiction over PCH for Vehicle Code violations and other code violations.

Safety on PCH is a problem that the City cannot address and fix alone, and will need to work with Caltrans to make changes to PCH itself. The City can also work through the LASD to address vehicle code violations and related enforcement action given its enforcement jurisdiction over PCH. To effectively effect change, the City must coordinate 2

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Agenda Item # 3.B.5.
and work together with its other governmental partners to implement strategies and solutions to reduce the danger on PCH for all users.

California Government Code Section 8630 empowers the City Council to proclaim the existence of a Local Emergency when there is extreme peril to the safety of persons and property within the territorial limits of the City. Additionally, California Government Code section 8634 empowers the City Council to promulgate orders and regulations necessary to provide for the protection of life and property during the time of a Local Emergency.

These statutes codify the constitutional “police powers” of local governments to adopt local legislation designed to protect the health, safety, and welfare of the community. Further, the City’s Municipal Code (Chapter 2.52) establishes the City’s disaster council and policies and procedures for dealing with a local emergency. The City’s purchasing ordinance (Chapter 2.56) allows for greater flexibility when making purchases for supplies or services in response to a local emergency. Thus, a declaration of local emergency provides the City greater flexibility to act expediently when trying to address and mitigate the danger posed by the local emergency. It may also aid in coordination with other governmental entities and allow the City access to other resources.

Government Code Section 8630 requires that the City Council review the need for continuing a local emergency at least once every 60 days until the City Council terminates the local emergency.

As such, City staff recommends adopting Resolution No. 24-47 extending the declaration of the existence of a local emergency. If adopted, the City Council will review, and as needed renew, this action at least every 60 days.

ENVIRONMENTAL REVIEW:

This resolution and the actions taken and/or proposed herein are not a project pursuant to the California Environmental Quality Act (CEQA) since they are activities that are excluded from the definition of a project by section 21065 of the California Public Resources Code and section 15378(b) of the State CEQA Guidelines. The proposed actions are organizational or administrative activities of government which will not result in direct or indirect physical changes in the environment. These actions are also exempt from CEQA as specific actions necessary to prevent or mitigate an emergency pursuant to section 21080(b)(4) and section 15269(c) of the State CEQA Guidelines. They also are exempt under CEQA Guidelines Section 15301 – existing facilities. Coordinating and improving infrastructure and safety as well as education and enforcement efforts for safer driving and use of PCH are all exempt activities. Further, to the extent there are minor/temporary uses of land having a negligible or no permanent effect on the environment, these activities are exempt under Section 15304(e) of the CEQA Guidelines.
3

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Agenda Item # 3.B.5.

ATTACHMENTS:

Resolution No. 24-47
4 Attachment 1
RESOLUTION NO. 24-47

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

EXTENDING THE DECLARATION OF THE EXISTENCE OF A LOCAL

EMERGENCY RELATED TO THE INCREASE OF RECKLESS AND

ILLEGAL DRIVING ON PACIFIC COAST HIGHWAY AND DIRECTING

STAFF TO COORDINATE EFFORTS WITH OTHER GOVERNMENTAL

AGENCIES TO INCREASE ATTENTION AND CREATE PROGRAMS TO

REDUCE THE RISK AND DANGER ASSOCIATED WITH PACIFIC COAST

HIGHWAY IN THE CITY
The City Council of the City of Malibu does hereby find, order, and resolve as follows:

SECTION 1. Recitals.

A. Condition or threatened conditions of extreme peril to the safety of persons and property have arisen within the City of Malibu caused by the increase in reckless and illegal driving on Pacific Coast Highway (“PCH”) in the City. This reckless and illegal driving has led to increased collisions with other motorists, cyclists and pedestrians, resulting in injury and death.

B. According to data from the Statewide Integrated Traffic Records System obtained through UC Berkley’s Transportation Injury mapping System, between 2018 and 2022 there were 22 deadly crashes on PCH in the City, resulting in the death of 23 people. According to data from the California Highway Patrol, there have been 49 fatalities along PCH through Malibu from 2012-22. According to the Los Angeles Times there have been 170 deaths and serious injuries to drivers, passengers, cyclists and pedestrians between 2011 and 2023.

C. On October 17, 2023, a crash occurred in the 21500 block of PCH resulting in the tragic loss of four Pepperdine University Students who were walking along the road. According to authorities, the driver of the car was traveling at a speed in excess of 100 miles per hour when he lost control, sideswiped at least three parked cars and then crashed into a group of people including the four Pepperdine University Students and two others.

D. PCH is a California State Highway managed and maintained by the California Department of Transportation (“Caltrans”). The posted speed limit along PCH in the City ranges between 45-55 miles per hour.

E. PCH is the City’s main thoroughfare and serves as a commuting route, a residential street and business corridor in the City.

F. City officials, City staff and City residents are tragically aware that PCH has become increasingly dangerous to residents, visitors and commuters, with drivers regularly exceeding the posted speed limits or driving recklessly or distracted which 5 Resolution No. 24-47

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_____________________
has resulted in not only the killing and maiming of pedestrians, cyclists and other motorists, but a collective fear and trauma about the risks posed by accessing PCH.

G. Despite efforts by the City and other governmental agencies to improve the safety of PCH, PCH continues to pose a threat to those who drive, walk and/or cycle along it. Serious and dangerous collisions continue to occur too regularly, with four additional fatalities since November 2023.

H. California Government Code Section 8630 empowers the City Council to proclaim the existence of a Local Emergency when there is extreme peril to the safety of persons and property within the territorial limits of the City. Additionally, California Government Code Section 8634 empowers the City Council to promulgate orders and regulations necessary to provide for the protection of life and property during the time of a Local Emergency. These statutes codify the constitutional “police powers” of local governments to adopt local legislation designed to protect the health, safety, and welfare of the community.

SECTION 2. It is hereby proclaimed that:

A. The above recitals are true and correct.

B. The increase in dangerous, illegal, reckless and/or distracted driving on PCH in the City currently poses extreme peril to persons and property in Malibu. As such, the City Council finds that the declaration of local emergency remains valid and necessary, and will remain in effect until the extreme danger has subsided.

C. To reduce and prevent the risks associated with dangers posed on PCH, City staff are directed to coordinate with Caltrans, the Los Angeles County Sheriff, the California Highway Patrol, and other entities and government agencies to implement programs, increase enforcement of existing laws and/or develop solutions to reduce the danger on PCH to pedestrians, cyclists and other motorists from dangerous, illegal, reckless and/or distracted driving on PCH.

D. The City Director of Emergency Services, or designee, is directed and authorized to address any and all impacts and conditions caused by the emergency and to obtain any and all aid and assistance from local, county, state, or federal agencies, including but not limited to aid and assistance pursuant to the California Disaster Assistance Act, California Government Code Section 8690 et. seq.

E. The City Manager, as the Purchasing Officer of the City pursuant to Malibu Municipal Code Section 2.56.040 (B) is authorized to make purchases of supplies or services exceeding twenty-five thousand dollars ($25,000.00) in compliance with Malibu Municipal Code, Chapter 2.56.
6 Resolution No. 24-47

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_____________________
F. City staff are directed to report back to the City Council regarding programs and strategies proposed or implemented to mitigate the risk associated with this local emergency.

SECTION 3. The local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council. As required by law, the City Council shall review the need to continue the state of emergency every 60 days until this resolution is terminated.

SECTION 4. This resolution and the actions taken and/or proposed herein are not a project pursuant to the California Environmental Quality Act (CEQA) since they are activities that are excluded from the definition of a project by section 21065 of the California Public Resources Code and section 15378(b) of the State CEQA Guidelines. The proposed actions are organizational or administrative activities of government which will not result in direct or indirect physical changes in the environment. In the alternative, find that the actions are exempt from CEQA as specific actions necessary to prevent or mitigate an emergency pursuant to section 21080(b)(4) and section 15269(c) of the State CEQA Guidelines.

SECTION 5. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED, and ADOPTED this __th day of ____ 2024. _____________________________
DOUG STEWART, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
7

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Agenda Item # 3.B.6.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Kristin Riesgo, Community Services Director Approved by: Steve McClary, City Manager
Date prepared: September 3, 2024 Meeting date: September 23, 2024 Subject: Malibu Arts Association Art Show Fee Waiver
RECOMMENDED ACTION: Approve the request from the Malibu Arts Association to waive facility use fees, staffing costs, and permit fees for an Art Show event at Legacy Park.

FISCAL IMPACT: Waiving the facility use and permit fees will result in a loss of revenue of $1,375 for Fiscal Year (FY) 2024-25 in Account Numbers 100-0000-3461-00 (Municipal Facility Use Fees), 101-0000-3421-00 (Planning Review Fees), and 100-0000-3431-00 (Public Works Review Fees). The Legacy Park Deed Restrictions permit up to six events at the park per calendar year.

WORK PLAN: This item is part of the day-to-day operations identified in the Adopted FY 2023-24 Strategic Priority Project List. Staff continue to work on ongoing projects and normal business while the FY 2024-25 Strategic Priority Plan is finalized.

DISCUSSION: On May 13, 2024, Council approved a fee waiver for the Malibu Arts Association (MAA) to conduct a series of Art Shows at Legacy Park from May to August 2024. MAA’s original request included an event in September 2024, but it was omitted due to the City reaching the maximum of six Temporary Use Permits (TUP) for the calendar year. One anticipated event with the non-profit organization Aurelia Foundation, was cancelled, allowing MAA to use the open TUP for an Art Show event.

MAA has successfully hosted fourteen (14) Art Shows while meeting all City requirements, including submitting a TUP and a facility rental application. The Art Shows feature six to fourteen artists and allow MAA to raise funds for student scholarships and purchase books for the Malibu Library.

City Council Meeting
09-23-24
Item

3.B.6.
1

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Agenda Item # 3.B.6.

MAA has requested that the City waive 100% of the fees associated with the one-day event.

MAA has submitted the TUP and associated fees for the September Art Show event. If Council approves the fee waiver, the funds will be reimbursed to MAA.

ATTACHMENTS: None.

MAA September Art Show Event
Type Non-Profit Rate
Facility Use $906
Planning TUP Application Fee
Public Works Review Fee
$342
$127
Total $1,375
2

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Agenda Item # 3.B.7.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Nathaniel McLean, Assistant Engineer
Reviewed by: Rob Duboux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: August 12, 2024 Meeting date: September 23, 2024 Subject: Award Bluffs Park Roof Replacement Project
RECOMMENDED ACTION: 1) Approve the award of bid and authorize the Mayor to execute an agreement with AC Pros, Inc. in the amount of $136,180 for the construction of the Bluffs Park Roof Replacement Project, Specification No. 2110; and 2) Authorize the Public Works Director to approve any potential change orders up to 20%.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement is included in the Adopted Budget for FY 2024-25 in Account No. 310-9112-5100 (Bluffs Park Roof Replacement).

Project Estimate Project Funding
Design $0 General Fund Designated
CIP
$400,000
Construction $136,180
Contingency $27,236
Total $163,416 Total $400,000
STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2023-24 Strategic Priority Project List. Staff continue to work on ongoing projects and normal business while the FY 2024-25 Strategic Priority Plan is finalized.

DISCUSSION: During a recent inspection of the existing roof at the Michael Landon Center at Malibu Bluffs Park, staff discovered some damage. This last winter, staff experienced several roof leaks. This project consists of removing and replacing the existing roof.

City Council Meeting
09-23-24
Item

3.B.7.
1

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Agenda Item # 3.B.7.

The project plans and specifications for the Bluffs Park Roof Replacement Project were completed and advertised for construction bids. On August 8, 2024, the City received four (4) construction bids. The following is a summary of the construction bids:

Contractor Bid Amount
AC Pros, Inc. $136,180.00
Felsen Group $186,639.00
Estate Design & Construction, Inc. $188,551.01
Best Contracting Services, Inc. $197,550.00
AC Pros. Inc. was the lowest bidder for this project. Staff reviewed the bid and found it to be in order and in conformance with the contract bid requirements. Staff has checked the contractor’s license with the Contractor’s State License Board and found it to be current and active. References contacted by staff have verified AC Pros, Inc.’s work and found their work to be satisfactory. AC Pros, Inc. previously completed the installation of the HVAC system at the Michael Landon building successfully. Staff have determined that AC Pros, Inc. is qualified to complete the proposed work for the project.

Staff recommends the Council authorize the Mayor to execute an agreement with AC Pros, Inc. and authorize the Public Works Director to approve potential change orders up to 20% of the total contract amount. Once approved, staff will process the contract and issue a Notice to Proceed for the project.

ATTACHMENTS: Public Works Agreement with AC Pros, Inc.
2 CITY OF MALIBU

PUBLIC WORKS AGREEMENT
This Public Works Agreement ("Agreement") is made and entered into as of the date executed by the Mayor and attested to by the City Clerk, by and between AC Pros, Inc. (hereinafter referred to as "CONTRACTOR") and the City of Malibu, California, a municipal corporation (hereinafter referred to as "CITY").

RECITALS
A. Pursuant to the Notice Inviting Sealed Bids for Bluffs Park Roof Replacement Project bids were received, publicly opened, and declared on the date specified in the notice.

B. On September 23, 2024, Malibu's City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR.

C. The City Council has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Bluffs Park Roof Replacement Project in the City of Malibu.

NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed:

1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Bluffs Park Roof Replacement Project in the City of Malibu. The work shall be performed in accordance with the Plans and Specifications dated (and as generally described in the "Notice Inviting Bids," attached as Exhibit A) and in accordance with bid prices set forth in CONTRACTOR'S Bid Proposal (attached as Exhibit B) and in accordance with the instructions of the City Engineer, or City's Manager's designee.

2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The contract documents for the aforesaid project, a complete set of which is on file with the Malibu City Clerk's Office, shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Standard Specifications, Special Provisions, and all referenced specifications, details, standard drawings, and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement, and the Standard Specifications, in Attachment 1
3 4
5 6
7 8
9 10
11 3

NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that sealed bids for the City of Malibu, BLUFFS PARK ROOF REPLACEMENT PROJECT SPECIFICATION NO. 2110, will be received by the City Clerk, at Malibu City Hall, 23825 Stuart Ranch Road, Malibu, California, 90265 at or before 3:30 p.m. on Thursday, AUGUST 1, 2024, at which time they will be publicly opened and read by the City Clerk (or designated representative).

SCOPE OF WORK
In general, the proposed improvements consist of removing and replacing the existing Built-up roof with new Built-up roofing and removing light weight concrete tiles to replace with asphalt shingles, and all other appurtenant work included and shown in the Contract Documents and Specifications.

The bid shall be submitted and the work shall be performed by a Class “A”, or “C-39” State of California licensed contractor in strict conformance with the project specifications for BLUFFS PARK ROOF REPLACEMENT Specification No. 2110 now on file in the City’s Public Works Department.

An electronic copy of plans and specifications may be obtained by prospective bidders from the Public Works Department through [email protected].

All prospective bidders shall abide by the provisions of the Bid Terms and Conditions listed in the project’s specifications.

The City reserves the right to retain all bids for a period of 90 days after the bid opening date for examination and comparison and to delete any portion of the work from the Contract. The City reserves the right to determine and waive nonsubstantial irregularities in any bid, and to reject any or all bids. The bid shall be balanced so that each bid item is priced to carry its share of the cost of the work and also its share of the contractor’s overhead and profit. The City reserves the right to delete any bid item to the extent that the bid is qualified by specific limitation. An unbalanced bid shall be considered as grounds for rejecting the entire bid. The City shall award the bid to the lowest responsible bidder as the interest of the City may require.

In accordance with the provisions of Division 2, Part 7, Chapter 1 of the California Labor Code, the California Department of Industrial Relations has established the general prevailing rates of per diem wages for each craft, classification and type of work needed to execute contracts for public works and improvements. The per diem wages published at the date the contract is advertised for bids shall be applicable. Future effective wage rates which have been predetermined are on file with the Department of Industrial Relations, are referenced but not printed in said publication. The new wage rates shall become effective on the day following the expiration date and apply to this contract in the same manner as if they had been included or referenced in this contract. The website for California Department of Industrial Relations Prevailing Wage Unit is currently located at

EXHIBIT A
12 4
www.dir.ca.gov, prevailing wages are located on the website at http://www.dir.ca.gov/dlsr/pwd/index.htm.

The wage rate for any classification not listed by the California Department of Industrial Relations, but which may be required to execute the proposed contract, shall be in accord with specified rates for similar or comparable classifications or for those performing similar or comparable duties, within the agency’s determinations.

At the time of submitting the bid the Bidder shall be registered with the California Department of Industrial Relations in accordance with the provisions of Section 1771.1 of the California Labor Code, as amended by Senate Bill 854. No public work contract may be awarded to a non-registered contractor or subcontractor.

Without exception, the bidder is required to state the name and address of each subcontractor who will perform work or labor or render service to the prime contractor and the portion of the work which each will do in their bid as required by Section 2-3, "Subcontracts", of the Standard Specifications and in conformance with Public Contract Code, Sections 4100 to 4113, inclusive.

The City will not consider awarding any contract based upon any bid submitted by any contractor nor consent to subletting any portions of the Contract to any subcontractor located in a foreign country during any period in which such foreign country is listed by the United States Trade Representative as discriminating against U.S. firms in conducting procurements for public works projects.

All bidders are hereby notified that any contract entered into pursuant to this advertisement, Business Enterprises must be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color or national origin consideration for an award.

The Contractor may substitute securities for retention monies pursuant to Public Contract Code Section 22300.

Date this 5th day of July, 2024

CITY OF MALIBU, CALIFORNIA
__________________________________________________
Rob DuBoux, Public Works Director/City Engineer
Published: Malibu Times on July 11, 2024 and July 18, 2024 13 CITY OF MALIBU

PUBLIC WORKS DEPARTMENT

CONSTRUCTION BID COVER PAGE FOR

BLUFFS PARK ROOF REPLACEMENT PROJECT
Specification No. 2110
Bids to be Received on or before August 1, 2024 AT 3:30 P.M.

Completion Time: 60 Consecutive Working Days
Liquidated Damages:

A. Failure to compiete work on time: $500.00 Per Calendar Day (Sec. 6-9.1) B. Failure to keep traffic lanes open: $500.00 Per Hour (Sec. 6-9.2) Email [email protected]
The bid shall be balanced so that each bid item is priced to carry its share of the cost of the work and also its share of the contractor’s overhead and profit. The City reserves the right to delete any bid item to the extent that bid is qualified by specific limitation. An unbalanced bid shall be considered as grounds for rejecting the entire bid.

CONTRACTOR SHALL SUBMIT PAGES 17 THROUGH 32 FULLY EXECUTED WITH

THIS BID
14 Number of Pages in Construction Bid: 16

CONTRACTOR
Name AC Pros, Inc.

Street Address 7046 Darby Ave.

City Reseda State CA Zip Code 91 335
Telephone 818.342.7767
Fax Number 818.342.7167 (Optional)

EXHIBIT B
14 INSTRUCTIONS FOR SIGNING BID, BONDS AND CONTRACT
Corporations
a) Give name of Corporation.
b) Signatures: President or Vice-president and Secretary or Assistant Secretary.

C) Affix corporate seal and notary's acknowledgment where noted or required. d) Others may sign for the corporation if the City has been furnished a certified copy of a resolution of the corporate board of directors authorizing them to do so.

Partnerships
a) Signatures: All members of partnership. One may sign if City has a copy of authorization
b) Affix notary's acknowledgment where noted or required.

Joint Ventures
a) Give the names of the joint venturers.
b) Signatures: All joint venturers. One may sign if City has a copy of authorization.

C) Affix notary's acknowledgment where noted or required.

Individuals
a) Signature: The individual.
b) Affix notary's acknowledgment where noted or required.

C) Another may sign for the individual ifthe City has been furnished a notarized power-of-attorney authorizing the other person to sign.

Fictitious Names
a) Show fictitious names.
b) Satisfy all pertinent requirements show above.

Bonds
a) ln addition to all pertinent requirements above, give signature of Attorney-infact and apply surety's seal and provide address and telephone number of said surety.

PLEASE ADHERE TO THE APPLICABLE SIGNING INSTRUCTIONS
15 15
CONTRACTOR’S BID STATEMENT
City of Malibu
Malibu, California 90265
Pursuant to the foregoing Notice Inviting Bids, the undersigned declares that he/she has carefully examined the location of the proposed work, that he/she has examined the Plans and Specifications and read the accompanying instructions to bidders, and hereby proposes to furnish all materials and to do all the work required to complete such work in accordance with such Plans and Specifications for the prices set forth in this Bid.

The undersigned has carefully checked all the figures in this Bid and understands that City will not be responsible for any error or omission on the part of the undersigned in preparing this bid nor will City release the undersigned on account of such error or omission.

The undersigned swears or affirms under penalty of perjury that the information regarding the Contractor's License is true and correct.

The undersigned further agrees that in case of default in executing the required Contract within the applicable ten (10) calendar days or thereafter failing to provide the necessary bonds, within ten (1 O) calendar days after the contract has been fully executed, the proceeds of check or bond accompanying the bid shall become the property of the City of Malibu.

Licensed in accordance with an act providing for the registration of Contractor’s License N0. 871281 Class B,C20,C10,C36 Expiration Date 01/31/2026 Names of Co-Partners or Corporation Officers and Titles: Noam Ziv - President; Secretary; and Treasurer. 1
Doing Business as |ndividual/Partnership/Corporation State of Incorporation Federal Tax Identification Number 20’2759013
California Department of Industrial Relations Identification Number 1000031 839

ALL SIGNATURES MUST BE NOTARIZED
(Attach or Affix Executed Acknowledgement Form,
and Corporate Seal if Applicable
16 /
Signature of Bidder //;/’/4 t /

J/A/VV/
Signature of Bidder z
Title Name of Contractor or Firm Date of Submittal 08/01/2024 AC Pros, Inc. Telephone No. 818.342-7767
Address 7046 Darby Ave
Reseda, CA 91 335 CA
16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ClViL CODE § 1189 V ’ V
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truihfuiness, accuracy, or validity of that document.

State of Califomia )
.

On
Count$of ' 15 /
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before me, SHILO
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LEE LOSING NOTARY PUBLIC ,
personally appeared N0km ZN Date Here Insert Name and Title of the Omcer Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacitylies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. l certify under NALTY OF PERJURY under the laws
of the State lifornia that the foregoing paragraph
WITNESS my d and official seal.

Los Angeies County g Signatu
Commission # 1420527
My Comm. Expires Oct 24, 1026
! Notary
sHiLoPublic-California
LEE Losmo i
Signature of Notary Public
Place Notary Seal Above

OPTIONAL
Though this section is optional, compieting this information can deter aiteration of the document or frauduient reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date:

Number of Pages: Signer(s) Other Than Named Above:
- 'y v v'i'v v
©2014 National Notary Associatio - .NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) E
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Capacitylies) Claimed by Signer(s)
Signer's Name: Signer’s Name:

D Corporate Officer — Title(s): D Corporate Ofhcer — Title(s):

D Partner — Ci Limited D General D Partner — D Limited [j General D Individual D Attorney in Fact E Individual Ei Attomey in Fact D Trustee D Guardian or Conservator B Trustee D Guardian or Conservator D Other: D Other:

Signer ls Representing: Signer Is Representing:
17 PROPOSED BID SCHEDULE OF WORK AND PRICES

FOR THE CONSTRUCTION OF

BLUFFS PARK ROOF REPLACEMENT PROJECT
SPECIFICATION NO. 2110
The contractor shall be responsible for calculating and providing totals for the schedule.

The bid schedule shall include all costs for service, labor and materials, transportation, supervision, equipment and installation associated with the work complete and in place per these specifications.

TOTAL AMOUNT OF BID IN WORDS: Ix “n ‘€ krrF 5“ #t (25cm r28 mmémé amt we yDa//ctr$‘ Contractor Submitting Bid:

By:

Date:

AC Pros, Inc.//
/(/Y’¢x
08/01 12024
17 /
/.
%
Item
No.

Payment
Reference Description Quantity Unit
Unit
Price Total

1. 901-2 Mobilization 1 LS XXXX K, oo o ,oo

2. 904-15 Built-Up Roofing Materials 800 SF §§.oo (#900 0.0c

3. 904-15 Asphalt Shingles Materials 4000 SF l6, 2f é$§om.oo

4. 904-15 Demo Existing Roof Materials 1 LS XXXX 1 VJ 00am c~

5. 904-15 New Plywood Sheathing 500 SF l l 6, aootoc

6. 903-5 Record of Construction Changes 1 LS XXXX 4, 7?_ q. oi 7. 7-6 Release on Contract 1 LS XXXX $1 .00 TOTAL 4§§ /X@ OQ
18 The following addenda are acknowledged: Number Date
(Bidder must fill in number and date of each Addendum 1 07/15/2024 Addendum 2 07/22/2024
Addendum 3 07/24/2024
addendum or may enter the word “None” if
appropriate.)
I make this Proposal and certify under penalty of perjury that all the statements in this bid that i have signed are true and correct.

Contractor’s Name AC PrOS, lnC
Title President
Contractor’s Name
Title
18 19
BIDDER’S BOND TO ACCOMPANY BID
(in Iieu of cash, certified or cashier’s check)
KNOW ALL PERSONS BY THESE PRESENTS:

That we, AC Pros Inc. , as Principai, and Devel°pers Surety and Indemnity Company , as Surety, acknowledge ourseives jointiy and severally bound to the City of Malibu, the obligee, for ten (10) percent of the total bid, to be paid to said City if the Bid shall be accepted and the Principal shall fail to execute the Contract tendered by the City within the applicable time specified in the Bid Terms and Conditions, or fails to furnish either the required Faithful Performance or Labor and Material Bonds, or fails to furnish evidence of insurance as required in the Standard Specifications, then this obligation shall become due and payable, and Surety shall pay to obligee, in case suit is brought upon this bond in addition to the bond amount hereof, court costs and a reasonable attorney's fee to be fixed by the court. If the Principal executes the contract and furnishes the required bonds and evidence of insurance as provided in the bid documents, this bond shall be extinguished and released. It is hereby agreed that bid errors shall not constitute a defense to forfeiture.

WITNESS our hands this 29th day of JU'Y , 2024.

AC Pros InoS I
Contracto
By /
Title
By
Title
DevelqKers Surety and Indemnity Company
Surety
By
Sbilb Eée Losino Attorney-In-Fact19
20 FORM TO ACCOMPANY BID BOND

STATE OF CALIFORNIA )

COUNTY OF

CITY OF
SS.

On this day of , 2024, before me, the undersigned, a
Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared proved to me on the basis
of satisfactory evidence to be the person whose name is subscribed to this instrument; subscribed the name of thereto as Surety and his/her
own name as
i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Notary Public in and for said
County and State aforesaid.
lf certified or cashier’s check is submitted herewith, state check number and Amount $
20 and know to be the
subscribed to the within instrument as the of said
Andthe said duly acknowledge to me that he/she
21 POWER OF ATTORNEY FOR COREPOINTE INSURANCE COMPANY DEVELOPERS SURETY AND INDEMNITY COMPANY 59 Maiden Lane, 43rd Floor. New York, NY 10038 (2l2) 220-7l20
KNOW ALL BY THESE PRESENTS thaL except as expressly limited herein, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COM PANY, do hereby make, constituie and appoint:

Shilo Losino , of Woodland Hille. CA
as its true and lawful Attomeyin-Fact, to make, execute, deliver and acknowledge, for and on behalfof said companies, as sureties, bonds. undertakings and contracts of suretyship giving and granting unto said Attomey»in-Faet full power and authority to do and to perform every aCt necessary; requisrte or proper to be done in connection therewith as each of said company could do, but reserving to each ofsaid company full power of substitution and revocatf'ol‘i, and all of the aets of said Attomey-in-Fact, pursuant to these presents, are hereby ratined and confirmed. This Power of Attorney is effective __ ,, zq l? L1 ' and shall expire on December 3 l, 2025. " This Power ofAttorney is granted and is signed under and by authority ofthe following resolutions adopted by the Board of Directors ot‘COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY (collectively, “Company") on February it), 2023.

RESOLVED, that Sam Zaza, President Surety Underwriting, James Bell Vice President Surety Underwriting, and Craig Dawson. Executive Underwriter, Surety, each an employee ofAmTrust North America, Inc., an affiliate ofthe Company (the “Authorized Signors”), are hereby authorized to execute a Power ot‘Attorney, qualifying attorney(s)—in—fact named in the Power of Attorney to execute, on behalf of the Company, bonds, undertakings and contracts of suretyship, or other suretyship obligations; and that the Secretary or any Assistant Secretary ot‘the Company be, and each ofthem hereby is, authorized to attest the execution ofany such Power of Attorney.

RESOLVED, that the signature ofany one ofthe Authorized Signors and the Secretary or any Assistant Secretary ofthe Company, and the seal ofthe Company must be affixed to any such Power of Attorney, and any such signature or seal may be affixed by facsimile, and such Power of Attomey shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract ofsuretyship to which it is attached. 1N WITN ESS WHEREOF, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY have caused these presents to be sigied by the Authorized Signor and attested by their Secretary or Assistant Secretary this March 27, 2023 .uuHo‘" “.nIOIu“ 'I Bv-' i /rgM v VI . s «@“Sy-lifw o'“ RPOR ..'. ‘Q " e‘iggg’toge ...OR ;‘.'n "a
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Printed Na%iiy1ZazaV L/ \e ' O 4%. ' 9C) €O a
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5 '\ '.

Title: President Surety Underwriting E 1 93 6 E .E .
c‘ O.
i,"Menu.“. ’0 "Hunn"‘c
A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity ofthat document. c‘-€fL iFoR§~g§3 Y‘ a. t
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ACKNOWLEDGEMENT: 'I é7= \‘ ""' ‘c‘ * \"
"cs
STATE OF California COUNTY OF Orange
On this 27 day of March , 2O 23 , before me, Hoang—t guyen Phu Pham , personally appeared Sam Zaza , who proved to me on the basis ol’satisfactory evidence to be the person whose name is subscribed to within the instrument arid acknowledged to me thatthey executed the same in their authorized capacity, and that by the signature on the instrument the entities upon behalf which the person acted, executed this instrument, l certify, under penalty ofperjury, underthe laws ofthe State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal.
«CV
SignatureI

CORPORATE CERTIFICATION
The undersigned, the Secretary or Assistant Secretary of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY are

COMPANY,
in force as
does
ofthehereby
date ofthis
certify
Certification.
that the provisions of the resolutions ofthe respective Boards of Directors of said corporations set forth in this Power ofAttorney This Certification is executed in the City of Cleveland, Ohio, this March l9, 2023.

Docusigned by:

By: l/V‘u (hi “AMI < Bany W. Moses, Assistant Secretary POA No NIA 63641557ADE548C...

DocuSignEnvelopelD:3352BFD6—5E9D~4796—837E-C1 E455E6530F , Ed. 03 23 22 cALlFORNIA ALL PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of
who proved to me on the basis of satisfactory evrdence to be the person(s) whose name(s) is/are subscribed to the Within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaCity(ies) and that by his/her/their Signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
Signature of Notary Public

CHIMENE HOBBS
Notary Public California
Los Angeles County
Commission # 2464773
My Comm Expires Sep 1820?7 a
Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date:

Number of Pages: Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name:

B Corporate Officer - Title(s): D Corporate Officer — Title(s):

Signer ls Representingf Signer ls Representing:
©2014 National Notary Assomation www NationaINotary org 1-800-US NOTARY( -800—876-6827) Item #5907 0n 7 /? or I'zvi before me, CHIMENE HOBBS, NOTARY PUBLIC Date Here Insert Name and Tit/e of the Officer
personally appeared SHILO LEE LOSINO
Name(s) of Signer(s)
Cl Partner — El Limited D General D Partner — B Limited D General B Individual D Attorney in Fact D Individual D Attorney in Fact El Trustee B Guardian or Conservator D Trustee D Guardian or Conservator i] Other: E Other:
23 STATEMENT OF BIDDER’S QUALIFICATIONS AND REFERENCES
The Bidder is required to state the bidder's financial ability and a general description of similar work performed. The City reserves the right to determine that any Bidder is not non-responsible if it finds the information provided herein is inaccurate, misleading or false or upon evidence of collusion or other illegal practices on the part of a Bidder Failure by Bidder to complete this form completely and accurately and submit it With its bid may result in rejection of the bid as non responswe “Required Qualincations: Bidders must hold a valid State of California Contractor’s License A “B”, or “C-39" at the time the bid is submitted to the City.” The bidder must have a minimum of seven (7) years of experience removing and replacing roofs. Do you have a minimum of seven (7) years of experience removing and replacing roofs?
Yes X No
To demonstrate the required experience, bidders shall provide evidence of the following:

Contractors must show that they completed five (5) projects within the last seven (7) years that include the replacement of a BUR or asphalt shingle roof. The required information shall be attached to the Statement of Bidder’s Qualifications and References. Failure to provide the required information may be grounds for the City to deem the bid non-responsive.

Number of years engaged in prowding the work Included Within the scope of the speCIfications under the present busmess name 19 Years
List and describe fully the last three recent contracts performed by your current firm which demonstrate your ability to complete the work included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding yourfirm's qualifications.

Reference No. 1
Customer Name Berlyn Elementarty School
Contact individual Matt Schoeneman Phone N0. (562)980-2849 Contract Amount $463,000.00 Year 2023
Address 1320 N Berlyn Ave, Ontario CA 91764
Description of wQrk done ROOI replacemenl and I'IVAC
21 24
Address 500 Bradford Ave, Placentia CA & 1830 Kellogg Dr, Anahem CA Roof Replacement and HVAC, Description of work done
control, electrical
Address 3102 D St, La Verne, CA 91750 & 800 W Covina Blvd, San Dimas, CA 91773 Description of work done ROOf replacment & HVAC
control, electrical
22 Reference No. 2
Customer Name Placentia Yorba Linda USD
Contact Individual Bradd Runge Phone No. 714-985-8440
Contract Amount 1,374,640.00 Year 2023
Reference No. 3
Customer Name Bonita Unified Schooi District
Contact Individual Robert
Contract Amount $2,198,000.00 Year 2023
25 STATEMENT OF BIDDER’S QUALIFICATIONS AND REFERENCES
(Cont’d)
STATE OF CALIFORNIA, COUNTYOF Los Angeles
i am the President
of AC Pros inc
, the bidder herein. i have read the foregoing statement and know the contents thereof; and i certify that the same is true to my knowiedge, except as to those matters which are therein stated upon my information or belief, and as to those matters i believe it to be true.
08/01/2024 Reseda at . Caiifornia.
(Date) (Piace)
Executed on
i declare, under penalty of perjury, that the foregoing is true and correct.

Sigréak}i?//
President
Title
Signature of Bidder
Title
23 26
STATEMENT OF BIDDER’S PAST CONTRACT DISQUALIFICATIONS
Pursuant to Section 10162 of the Public Contract Code the bidder shall state whether such bidder, any officer or empioyee of such bidder who has a proprietary interest in such bidder has ever been disqualified, removed, or othenNise prevented from bidding on, or completing a Federal, State, or Iocal government project because of a violation of Iaw or a safety regulation; and if so, explain the circumstances. d er enalty of erjury, that the foregoing is true and correct.

Sig re(s Signature(s) ofAuthorized Bidder
President
Title Title
24 u

1. Do you have any disqualification, removal, etc., as described in the above paragraph to declare?
Yes No X

2. lf Yes, explain the circumstances.

Executed on AUQUSt 13t at Reseda California.
27 QUESTIONNAIRE REGARDING SUBCONTRACTORS
Bidder shall answer the following questions and submit with the bid.

1. Were bid depository or registry services used in obtaining subcontractor bid figures in order to compute your bid?
Yes( ) No (X)

2. If the answer to No. 1 is “yes”, please fonlvard a copy of the rules of each bid depository you used with this questionnaire.

3. Did you have any source of subcontractors’ bids other than bid depositories? Yes ( ) No ()9

4. Has any person or group threatened you with subcontractor boycotts, union boycotts or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories?
Yes ( ) NO (X)
U1 If the answer to No. 4 is “yes”, please explain the following details:
a) Date:
b) Name of person or group:
c) Job involved (if applicable):
d) Nature ofthreats:
e) Additional comments: (Attach additional pages as necessary) We declare under penalty of perjury that the foregoing is true and correct.

Dated this 01 day of AU USt , 2024.

AC Pros Inc
Title
25 28
BIDDER’S STATEMENT OF SUBCONTRACTORS AND MATERIAL FABRICATORS Without exception, the bidder is required to state the name and address of each subcontractor and the portion of the work which each will do as required by Subsection 1-6.3 of the SSPWC and in conformance with Public Contracts Code, Sections 4100 to 4113, inclusive.

Without limiting the generality of the foregoing, any contractor making a bid or offer to perform the work, shall set forth in the Bid:
(a) The name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractor's total bid; and (b) The portion of the work which will be done by each subcontractor. The prime contractor shall list only one subcontractor for each portion. (c) Agrees that the list of subcontractors submitted herewith cannot be changed, modified, or substituted without written request and approval of the awarding body.

The undersigned submits herewith a list of subcontractors in conformance with the foregoing:

Name Under Which License No. & Class Business Address Specific Description of Subcontractor is Subcontract and Portion of
the Work to be Done Licensed
Q
Roy
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£v OXhamJ} 5%
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" 08/01/2024
Si ure(s) of}€der Date Signature(s) of Bidder Date
President
Title Title
26 é
,0 .

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¢
29 NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)

TO THE CITY OF MALIBU

PUBLIC WORKS DEPARTMENT
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106, the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder to any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Noam Ziv
Name of Bi r Name of Bidder
S'/ig ature oVgder Signature of Bidder
7046 Darby Ave, Reseda CA 91335
Bidder Address
27 30

EQUAL OPPORTUNITY CERTIFICATE
THE BIDDER’S EXECUTION OF THE SIGNATURE PORTION OF THIS PROPOSAL

SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATES WHICH ARE A PART OF THIS BID.

The bidder hereby certifies that the bidder and proposed subcontractor(s), if any, have or have not participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

AC Pros inc
Name of Bidding Company
President
Title (Typed)
August 01, 2024
Date
28 31
DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS PART 29
The bidder under penalty of perjury, certifies that except as noted below, the bidder or any person associated therewith in the capacity of owner, partner, director, officer, or manager:
is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and
has not been indicted, convicted, or had a civil judgment rendered against it by a court of competentjurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder's responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. 29 32
City of Malibu
23825 Stuart Ranch Road Malibu, California 90265-4861
(310) 456-2489 fax (310) 456-3356
DATE: 07/1 5/2024
ADDENDUM NO. 1
TO

BLUFFS PARK ROOF REPLACEMENT PROJECT
SPECIFICATION NO. 21 1O
All Prospective Bidders:

NOTICE IS HEREBY GIVEN to all prospective bidders that the following modifications are made to the above project plans and specincations:

SPECIFICATIONS:

1. Change: On Page 3, The Contractor’s License under Notice Inviting Bids has changed:
“The bid shall be submitted and the work shall be performed by a Class A “B”, or “C-39" Sate of California licensed contractor in strict conformance with the project specifications for BLUFFS PARK ROOF REPLACEMENT Specification No. 2110 now on file in the City’s Public Works Department." Change: On Page 6, The Contractor’s License under Bid Terms and Conditions has changed:
“License — In accordance with the provisions of California Public Contract Code Section 3300, the City has detennined that the Contractor shall possess a valid applicable Class A, Class B, or Class C39 Contractor’s License at the time the bid is submitted.” Change: On Page 21, The Required Qualifications under Statement of Bidder’ has changed:
“Required Qualifications: Bidders must hold a valid State of California Contractor’s License A “B”, or “C—39" at the time the bid is submitted to the City.” Acknowledgement of this addendum by returning the signed Addendum No. 1 with the bid proposal is required. Failure to do so may result in the disqualification of your bid.

By Order of the Public Works Director/ City Engineer
July 15, 2024 Rob DuBbux, Esq: PE. Date
33 BIDDER’S CERTIFICATION
i ackn ledge receipt of the for going Addendum No. 1 and accept all conditions contained therein:
07/3//202x€/
Date I

Page 2 of 2 ends

34 City ofMalibu
23 825 Stuart Ranch Road Malibu, California 90265-4861
(310) 456-2489 fax (3 10) 456-3356
DATE: 07/22/2024
ADDENDUM NO. 2
TO

BLUFFS PARK ROOF REPLACEMENT PROJECT
SPECIFICATION NO. 21 10
All Prospective Bidders:

NOTICE IS HEREBY GIVEN to all prospective bidders that the following modifications are made to the above project plans and specifications:

SPEClFlCATIONS:

1. Change: On Page 14, the pages to be submitted with the bid have been corrected:
“Contractor shall submit pages 41 14 through 32 29 fully executed with this bid” Acknowledgement of this addendum by returning the signed Addendum No. 2 with the bid proposal is required. Failure to do so may result in the disqualification of your bid.

By Order of the Public Works Director/ City Engineer
July 22. 2024 Rob DuBoux, Esq., PE. Date
BIDDER’S CERTIFICATION
I acknowledge receipt of the foregoing Addendum No. 2 and accept all conditions contained therein:
@7/?//Z&W
Date l /
35 City of Malibu
23825 Stuart Ranch Road Malibu, California 90265-4861
(3 10) 456-2489 fax (3 10) 456-3356
DATE: 07/24/2024
ADDENDUM NO. 3
TO

BLUFFS PARK ROOF REPLACEMENT PROJECT
SPECIFICATION NO. 21 10
AII Prospective Bidders:

NOTICE IS HEREBY GIVEN to all prospective bidders that the following modifications are made to the above project plans and specincations:

SPECIFICATIONS:

1. Add: APPENDIX E — ROOF PLANS
See Attachment No.1
Acknowledgement of this addendum by returning the signed Addendum No. 3 with the bid proposal is required. Failure to do so may result in the disqualification of your bid.

By Order of the Public Works Director/ City Engineer
July 24, 2024 Rob DuBoux, Esq., PE. Date
BIDDER’S CERTIFICATION
i ack wledge receipt of the foregoing Addendum No. 3 and accept all conditions contained therein:

Date
07'/?//Zo,w '
/
36 37
38 39
40 41
42 43
44 45
46 47
The ACORD name and logo are registered marks of ACORD

CERTIFICATE HOLDER
© 1988-2014 ACORD CORPORATION. All rights reserved.

ACORD 25 (2014/01)

AUTHORIZED REPRESENTATIVE

CANCELLATION

DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE
JECT LOC PRO- POLICY GEN'L AGGREGATE LIMIT APPLIES PER:

PREMISES (Ea occurrence) $ DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
DED RETENTION $ CLAIMS-MADE OCCUR
$ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB INSR

LTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFF
(MM/DD/YYYY) POLICY EXP(MM/DD/YYYY) LIMITS
PER

STATUTE OTH- ER
E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$

ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under DESCRIPTION OF OPERATIONS below
(Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

AUTOMOBILE LIABILITY ANY AUTO

ALL OWNED SCHEDULED

HIRED AUTOS NON-OWNED

AUTOS AUTOS
AUTOS
COMBINED SINGLE LIMIT BODILY INJURY (Per person)
BODILY INJURY (Per accident) PROPERTY DAMAGE $$
$
$

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSD

ADDL WVDSUBR
N / A
$
$
(Ea accident)
(Per accident)
OTHER:

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSURED
PHONE
(A/C, No, Ext): PRODUCER
ADDRESS: E-MAIL
FAX
(A/C, No): CONTACT NAME:

NAIC #
INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURER(S) AFFORDING COVERAGE
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City
Pacific First Insurance Services
79734 Parkway Esplanade N
La Quinta , CA 92253
Ovidiu Bolun
800 591 5750 800 989 7786
[email protected]
X

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
08/23/2024
United Financial Casualty Insurance Company 11770
AC Pros Inc
7046 Darby Ave
Reseda, CA 91335
A
X
X
X 974451311 10/24/2023 10/24/2024
1,000,000
Lic # : 0K44551 Developers Surety and Indemnity Company X
X
X
X X
1,000,000
100,000
5,000
1,000,000
2,000,000
2,000,000
BIS00033837-05 10/30/2023 10/30/2024
B
X
12718
X
Falls Lake Fire and Casualty 15884
C
Y
1,000,000
1,000,000
1,000,000
X FLA017476-02 08/01/2023 08/01/2024
City of Malibu
23815 Stuart Ranch Road
Malibu, California 90265
MT Hawley Insurance Company 37974
D
X
X X X 05/09/2024 05/09/2025
5,000,000
GXS0007624 5,000,000
Project : Bluffs Park Roof Replacement Project, City Project No. 24009. The City of Malibu and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor pursuant to its contract with the City; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor.The Contractor's insurance coverage is primary insurance as respects the City of Malibu , its officers, officials, agents, employees, and volunteers. .Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of' subrogation endorsement from the insurer.The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

Navigators Insurance Company 42307
E Installation Floater 04-IM050757 05/03/2024 05/03/2025 $1,000,000 48 ID 01 37 04 13
ID 01 37 04 13 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II – Who Is An Insured is amended to include as an additional insured Charles Dunn Real Estate Services, Inc and No. Hollywood Medical Partners, LP . Project Address :12660 Riverside Dr. North Hollywood Ca 91607 . No. Hollywood Medical Partners, LP and Charles Dunn Real Estate Services, Inc are additional insured, but only to the extent that such person or organization is held liable for your acts or omissions arising out and in the course of your ongoing operations performed for such additional insured. No. Hollywood Medical Partners, LP and Charles Dunn Real Estate Services, Inc status as an additional insured under this endorsement ends when your operations for that additional insured are completed.

B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:

This insurance does not apply to:

1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities.

2. "Bodily injury" or "property damage" occurring after:
a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.

3. “Bodily injury”, “property damage” or “personal and advertising injury” involving or related to or in connection with any additional insured or any location covered by a scheduled or blanket additional insured endorsement that is a part of the policy.

C. Primary and Non-contributory Insurance - We will consider this insurance to be primary and noncontributory to other insurance issued directly to additional insured person(s) or organization(s) to which this endorsement applies .

D. Waiver of Subrogation – We waive any right of recovery we may have against the additional insured person(s) or organization(s) to which this endorsement applies.

Policy Number BIS00033837-05
49 Any Additional Insured Person or Organization
if completed operations coverage is required by
written contract.

Any location of Additional Insured where work is
performed by insured if completed operations
coverage is required by written contract.

POLICY NUMBER: BIS00033837-05 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s) Location And Description Of Completed Operations Or Organization(s)

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-completed operations
hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

COMMERCIAL AUTO
BA 99 04 04 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BA 99 04 04 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1

ADDITIONAL INSURED WHEN REQUIRED BY CONTRACT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

Additional Insured When Required by Contract
(1) Paragraph A.1. – WHO IS AN INSURED –
of Section II – Liability Coverage is
amended to add:

Charles Dunn Real Estate Services, Inc
and No. Hollywood Medical Partners, LP
d. The insurance afforded to any
such additional insured applies only
if the “bodily injury” or “property
damage” occurs:
(1) During the policy period, and
(2) Subsequent to the execution of such
written contract, and
(3) Prior to the expiration of the period
of time that the written contract
requires such insurance be provided
to the additional insured.
(2) How Limits Apply
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy, the
most we will pay on behalf of such
additional insured is the lesser of:
(a) The limits of insurance specified in
the written contract or written
agreement; or
(b) The Limits of Insurance shown in
the Declarations.

Such amount shall be a part of and not
in addition to Limits of Insurance shown
in the Declarations and described in this
Section.
(3) Additional Insureds Other Insurance
If we cover a claim or “suit” under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional
insured must submit such claim or “suit”
to the other insurer for defense and
indemnity.

However, this provision does not apply
to the extent that you have agreed in a
written contract or written agreement
that the insurance is primary and noncontributory with the additional insured’s own insurance.
(4) Duties in The Event Of Accident, Claim,
Suit or Loss
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy, the
additional insured shall be required to
comply with the provisions in A. Loss
Conditions 2. – Duties In The Event
Of Accident, Claim, Suit Or Loss – of
SECTION IV – BUSINESS AUTO
CONDITIONS, in the same manner as
the Named Insured.

Policy Number 974451311
51 COMMERCIAL AUTO
BA 99 02 09 08
GA 99 02 09 08 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1

WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us is amended by adding the following:

We waive any right of recovery we may have against
Charles Dunn Real Estate Services, Inc and No. Hollywood Medical Partners, LP Policy Number : 974451311
52 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2.5% of the California workers’ compensation premium otherwise due on such remuneration.

Schedule
Person or Organization Job Description
Blanket Waiver of Subrogation As respects to all CA jobs performed by the named insured during the policy period where by written contract a waiver of subrogation is required prior to the
commencement of work.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 08-01-2023 Endorsement No.

Insured
AC Pros, Inc (a Corp)
Policy No. FLA017476-02
Insurance Company
Falls Lake Fire & Casualty Company
Countersigned By
©1998 by the Workers’ Compensation Insurance Rating Bureau of California. All rights reserved. 53

Page 1 of 2 ends

Agenda Item # 3.B.8.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Travis Hart, Deputy Public Works Director
Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: August 19, 2024 Meeting date: September 23, 2024 Subject: Agreement for Annual Routine Street Maintenance Services RECOMMENDED ACTION: Authorize the Mayor to execute an agreement with Burns Pacific Construction, Inc. (Burns) for annual routine street maintenance services.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement/project is included in the Adopted Budget for FY 2024-25 in Account Nos. 100- 3001-5120-00 (Street Maintenance), 100-3001-5120-02 (Street Maintenance – Summer), 100-3001-5123-00 (Storm Response), 100-3001-5123-01 (Storm Drain System Maintenance), and 100-3001-5127-00 (Weed Abatement).

DISCUSSION: The Public Works Department manages the City’s Street Maintenance Program. This program includes pavement repairs, weed abatement, crack sealing, street sign installation, emergency storm response, sidewalk maintenance, storm drain system repairs and cleaning, and other routine maintenance work. These tasks are vital to prolong the lifespan of the City’s infrastructure. Due to the effort level for this work, the City contracts this service.

The Routine Street Maintenance Services agreement provides various street maintenance services to the City to operate the City’s Street Maintenance Program. The agreement also includes a requirement that the contractor provide a storage area for City Street City Council Meeting
09-23-24
Item

3.B.8.
1

Page 2 of 2 ends

Agenda Item # 3.B.8.
maintenance supplies and materials, provide 24-hour response during emergencies and storm events which include heavy equipment as needed.

On June 13, 2024, the City issued a Request for Qualifications/Proposals for routine street maintenance services within the City of Malibu. On August 1, 2024, the City received two proposals:
• Burns Pacific Construction
• GPM Pavement Management
Staff reviewed the proposals and identified Burns to be the most qualified for these services. Burns has been providing the City with routine street maintenance services since 1991. Burns has continued to maintain the City’s roadway infrastructure daily, including after-hour callouts, assisting during previous disasters, and continues to do an exceptional job. Additionally, their historical knowledge and prior experience working in Malibu continues to be a vital asset. By executing an agreement with Burns, the level of service will continue uninterrupted, and staff will be able to maintain the basic services.

Staff recommends authorizing the Mayor to execute agreements with Burns Pacific Construction, Inc., to provide annual routine street maintenance services.

ATTACHMENTS: Services agreement with Burns Pacific Construction, Inc. 2 Attachment 1
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 BURNS PACIFIC CONSTRUCTION
2024 LABOR / EQUIPMENT RATES AND YARD RENTAL

CITY OF MALIBU
Agreement Effective 09/23/24
LABOR EFF. 07/01/24 PER HR./DAY

FOREMAN
Straight Time $ 126.51 Hr.

Overtime $ 162.02 Hr.

Sunday/Holiday $ 197.53 Hr.

OPERATOR
Straight Time $ 124.39 Hr.

Overtime $ 159.90 Hr.

Sunday/Holiday $ 195.41 Hr.

TRUCK DRIVER
Straight Time $ 95.67 Hr.

Overtime $ 117.40 Hr.

Sunday/Holiday $ 139.13 Hr.

LABORER
Straight Time $ 93.98 Hr.

Overtime $ 118.15 Hr.

Sunday/Holiday $ 146.24 Hr.

LABOR - BRUSH CLEARANCE
Straight Time $ 93.98 Hr.

Overtime $ 118.15 Hr.

Sunday/Holiday $ 146.24 Hr.

LABORER
Straight Time $ 50.52 Hr.

Overtime $ 69.60 Hr.

Sunday/Holiday $ 88.68 Hr.

EQUIPMENT EFF. 09/23/24
TRUCKS
Pickup Trucks (Up to 12,000 GVW) $ 26.00 Hr.

Flatbed Trucks (12,000 - 20,000 GVW) $ 42.00 Hr.

Crew Trucks w/Tools (12,000 - 20,000 GVW) $ 42.00 Hr.

C-20 | Chevrolet 350 Flatbed Utility / Dump Truck $ 53.00 Hr.

P-9 | Ford 2-axle Manlift Bucket Truck (Tree Trimming) $ 47.00 Hr.

DUMP TRUCKS
T-28 | Ford S-DTY F-550 Dump/Plow Truck $ 63.00 Hr.

T-29 | Peterbilt 3-axle Dump Truck $ 55.00 Hr.

T-30 | Ford F-550 Dump/Plow Truck $ 63.00 Hr.

WATER TRUCKS
W-11 | Freightliner 2000 Gal. Water Truck $ 42.00 Hr.

ROCK BLADE TRUCKS
BT-28|BT-30| 2-axle 4-Wheel Drive Dump Truck with Rock Blade $ 95.00 Hr.

FOREMAN (Leadman) Union will not let us use anyone but journeyman with apprentices City of Malibu 2024 Rates Page 1 of 2
18 TRANSPORT TRUCKS AND TRAILERS TO MOVE EQUIPMENT
T-32 | Peterbilt 3-axle Tractor / 2-axle Lowbed Trailer $ 63.00 Hr.

TRLR-11 | Kaufman Utility Trailer $ 30.00 Hr.

BPC | Utility Trailer $ 21.00 Hr.

SKIPLOADERS
S-7 | New Holland LV 80 Skiploader $ 47.00 Hr.

S-9 | J.D. 210LE Skiploader $ 47.00 Hr.

BACKHOES: B-8 | B-10 | B-11
CAT 420F2 Tier 4 4x4 Backhoe $ 65.00 Hr.
1500 lb. Breaker for Backhoe $ 300.00 Day

SKID STEER LOADERS
L-12 | CAT 299D2 Compact Track Loader (Skid Steer) $ 95.00 Hr.

L-13 | Bobcat 763 Rubber Tire Skid Steer $ 63.00 Hr.

Breaker Attachment for Bobcat $ 168.00 Day
Broom Attachment for CAT 299D2 $ 125.00 Day
Cold Planer Attachment for CAT 299D2 $ 400.00 Day

RUBBER TIRE LOADERS
L-6 | CAT 962M Loader $ 116.00 Hr.

EXCAVATORS
E-11 | CAT 305.5E2 Excavator $ 84.00 Hr.

DOZERS
D-7 | J.D. 550J Dozer w/Slopeboard & Rippers $ 84.00 Hr.

COMPACTORS
CP-2 | CAT CP433E Compactor $ 147.00 Hr.

SPECIALTY EQUIPMENT
PW-1 | High-pressure Hot/Cold Mobile Washer (Graffitti Removal) $ 210.00 Day R-1 | Dbl-smooth Drum Vibratory Roller (Pavement Repairs) $ 26.00 Hr.

SMALL TOOLS: 4 HR. MINIMUM
Vibratory Plate Compactor $ 27.00 Hr.

Jumping Jack Compactor $ 27.00 Hr.
180 CFM Air Compressor w/90# Hammer Package $ 53.00 Hr.

Air Compressor Only $ 48.00 Hr.

Arrow Board $ 10.00 Hr.

Chainsaw - 18" or 24" $ 25.00 Hr.

Concrete/Asphalt Saw $ 26.00 Hr.

Dry sidewalk grinder package $ 6.00 Hr.

Roto Hammer $ 95.00 Day
Trench Plate 8 x 6 $ 11.00 Day
Trench Plate 6 x 10 $ 16.00 Day
Weed Trimmer $ 26.00 Hr.
2" Water Pump $ 168.00 Day
4" Trash Pump $ 231.00 Day

MAINTENANCE YARD
Monthly Rent 1/01/24 thru 10/22/24 * $ 7,500.00 Mo.
* Not guaranteed; Mariposa will not give BPC any agreement in writing. Negotiation to take place in October.

City of Malibu 2024 Rates Page 2 of 2
19 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER

OTH- STATUTEPER
(MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY)

POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR

CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence) $

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
4/5/2024
Venbrook Insurance Services
6320 Canoga Avenue, 12th Floor
Woodland Hills, CA 91367
818-598-8900 818-598-8910
www.venbrook.com CA Lic No. 0D80832
Yvonne Alfaro
Venbrook Insurance Services
Burns-Pacific Construction, Inc.
505 E. Thousand Oaks Boulevard
Thousand Oaks CA 91360
79408255
✓
"The City, its Boards, Officers, Agents, and Employees shall be included as additional insureds in all liability insurance policies and endorsements *10 Days Notice of Cancellation for Non-Payment of Premium, 30 Days All Others.

City of Malibu
23825 Stuart Ranch Road
Malibu CA 90265
RE: Annual Street Maintenance Services -
thereto except for Workers' Compensation. The City shall be named Loss Payee as its interest may appear in all property insurance." A 4T22-CO-5W516949-TCT-24 4/15/2024 4/15/2025 1,000,000 300,000
✓
5,000
✓
1,000,000
✓ BFPD/XCU/OCP
2,000,000
✓ Contractual
✓ 2,000,000
B BA-5W520926-24-2S-G 4/15/2024 4/15/2025 1,000,000
✓
✓
✓✓
B ✓ ✓ CUP-0S742626-24-NF 4/15/2024 4/15/2025 10,000,000 10,000,000
B UB-0P288258-23-2S-G 9/30/2023 9/30/2024 ✓
1,000,000 Y
1,000,000
1,000,000
B Equipment QT-660-3N412075-TIL-24 4/15/2024 4/15/2025 $500,000 Limit Leased/Rented $1,000 Deductible
Travelers Indemnity Co of Connecticut A++ XV 25682
Travelers Property Casualty Co of Amer A++ XV 25674
79408255 | 24-25 GL AU EQUIP/RNT/LEAS 23-24 WC | Yvonne Alfaro | 4/5/2024 11:59:56 AM (PDT) | Page 1 of 3 20 4T22-CO-5W516949-TCT-24
Burns-Pacific Construction, Inc.
79408255 | 24-25 GL AU EQUIP/RNT/LEAS 23-24 WC | Yvonne Alfaro | 4/5/2024 11:59:56 AM (PDT) | Page 2 of 3 21

Page 1 of 2 ends

Agenda Item # 3.B.9.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Travis Hart, Deputy Public Works Director
Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: August 19, 2024 Meeting date: September 23, 2024 Subject: Agreement for Citywide Tree Maintenance Services RECOMMENDED ACTION: Authorize the Mayor to execute an agreement with Newbury Park Tree Services, Inc. for Citywide Tree Maintenance Services in the amount not to exceed $75,000 annually.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement was included in the Adopted Budget for Fiscal Year 2024-2025 in Account No. 100-3001-5200 (Tree Maintenance).

DISCUSSION: There are approximately 7,000 trees located in the City’s public right-ofway. Trees improve our quality of life, and in many ways, they are an integral part of the character of our community. When properly maintained, trees can be an important and valued public asset and enhance the rural character of the City.

On June 13, 2024, the City issued a Request for Qualifications/Proposals for tree maintenance services within the City of Malibu. On August 1, 2024, the City received five proposals:
• Newbury Park Tree Services, Inc.
• West Coast Arborists, Inc. (WCA)
• Mariposa Landscapes, Inc.

City Council Meeting
09-23-24
Item

3.B.9.
1

Page 2 of 2 ends

Agenda Item # 3.B.9.
• SDG Enterprises dba Four Seasons Landscaping
• United Pacific Services, Inc.

The City reviewed and evaluated each proposal and selected Newbury Park Tree Services, Inc. as the most qualified firm. Newbury Park Tree Services, Inc. has provided satisfactory services in the past to the City.

Staff recommends the City Council authorize the Mayor to execute an agreement with Newbury Park Tree Services, Inc. to provide tree maintenance services citywide.

ATTACHMENTS: Agreement with Newbury Park Tree Services, Inc. 2 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of September 23, 2024 by and between the City of Malibu (hereinafter referred to as the "City"), and Newbury Park Tree Services, Inc. (hereinafter referred to as the "Consultant").

The City and the Consultant agree as follows:

R E C I T A L S
A. The City does not have the personnel able and/or available to perform the services required under this Agreement.

B. The City desires to contract out for consulting services for certain projects relating citywide tree maintenance services.

C. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.

D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement.

NOW, THEREFORE, the City and the Consultant agree as follows:

1.0 SCOPE OF THE CONSULTANT’S SERVICES. The Consultant agrees to provide the services and perform the tasks set forth in the Scope of Work, attached to and made part of this Agreement. The Scope of Work may be amended from time to time by way of a written directive from the City.

2.0 TERM OF AGREEMENT. This Agreement will become effective September 23, 2024 and will remain in effect for a period of three (3) years from said date unless otherwise expressly extended in one (1) year increments up to a total of two (2) additional years and agreed to by both parties or terminated by either party as provided herein.

3.0 CITY AGENT. The City Manager, or his or her designee, for the purposes of this Agreement, is the agent for the City; whenever approval or authorization is required, Consultant understands that the City Manager, or his or her designee, has the authority to provide that approval or authorization.

4.0 COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with Exhibit “A’, Scope of Work and per Exhibit “B”, Compensation Schedule. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his or her designee.
3 Attachment 1
Agreement for Professional Services
Newbury Park Tree Services, Inc.

Page 2 of 15 ends

4.1 The Consultant shall submit to the City, by no later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the previous month.

The City shall pay the Consultant all uncontested amounts set forth in the Consultant's bill within 30 days after it is received.

5.0 CONFLICT OF INTEREST. The Consultant represents that it presently has no interest and shall not acquire any interest, direct or indirect, in any real property located in the City which may be affected by the services to be performed by the Consultant under this Agreement. The Consultant further represents that in performance of this Agreement, no person having any such interest shall be employed by it.

5.1 The Consultant represents that no City employee or official has a material financial interest in the Consultant’s business. During the term of this Agreement and/or as a result of being awarded this contract, the Consultant shall not offer, encourage or accept any financial interest in the Consultant’s business by any City employee or official.

5.2 If a portion of the Consultant’s services called for under this Agreement shall ultimately be paid for by reimbursement from and through an agreement with a developer of any land within the City or with a City franchisee, the Consultant warrants that it has not performed any work for such developer/franchisee within the last 12 months, and shall not negotiate, offer or accept any contract or request to perform services for that identified developer/franchisee during the term of this Agreement.

6.0 GENERAL TERMS AND CONDITIONS.

6.1 Termination. Either the City Manager or the Consultant may terminate this Agreement, without cause, by giving the other party ten (10) days written notice of such termination and the effective date thereof.

6.1.1 In the event of such termination, all finished or unfinished documents, reports, photographs, films, charts, data, studies, surveys, drawings, models, maps, or other documentation prepared by or in the possession of the Consultant under this Agreement shall be returned to the City. If the City terminates this Agreement without cause, the Consultant shall prepare and shall be entitled to receive compensation pursuant to a close-out bill for services rendered and fees incurred pursuant to this Agreement through the notice of termination.

If the Consultant terminates this Agreement without cause, the Consultant shall be paid only for those services completed in a manner satisfactory to the City.

6.1.2 If the Consultant or the City fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Consultant or the City violate any of the covenants, agreements, or stipulations of this Agreement, the Consultant or the City shall have the right to terminate this Agreement by giving written notice to the other party of such termination and specifying the effective date of such termination. The Consultant shall be entitled to receive compensation in accordance with the terms of this Agreement for any work satisfactorily completed hereunder. Notwithstanding the foregoing, the Consultants shall not be relieved of liability for damage sustained by virtue of any breach of this Agreement and any payments due under this Agreement may be withheld to off-set anticipated damages. 4 Agreement for Professional Services
Newbury Park Tree Services, Inc.

Page 3 of 15 ends

6.2 Non-Assignability. The Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of the City.

6.3 Non-Discrimination. The Consultant shall not discriminate as to race, creed, gender, color, national origin or sexual orientation in the performance of its services and duties pursuant to this Agreement, and will comply with all applicable laws, ordinances and codes of the Federal, State, County and City governments.

6.4 Insurance. The Consultant shall submit to the City certificates indicating compliance with the following minimum insurance requirements no less than one (1) day prior to beginning of performance under this Agreement:
(a) Workers Compensation Insurance as required by law. The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees.
(b) Comprehensive general and automobile liability insurance protecting the Consultant in amounts not less than $1,000,000 for personal injury to any one person, $1,000,000 for injuries arising out of one occurrence, and $500,000 for property damages or a combined single limit of $1,000,000. Each such policy of insurance shall:
1) Be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California or which is approved in writing by City.
2) Name and list as additional insured the City, its officers and employees.
3) Specify its acts as primary insurance.
4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be canceled nor materially changed except upon thirty (30) days prior written notice to the City of such cancellation or material change."
5) Cover the operations of the Consultant pursuant to the terms of this Agreement.

6.5 Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without 5 Agreement for Professional Services
Newbury Park Tree Services, Inc.

Page 4 of 15 ends

limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

6.6 Compliance with Applicable Law. The Consultant and the City shall comply with all applicable laws, ordinances and codes of the Federal, State, County and City governments, including, without limitation, Malibu Municipal Code Chapter 5.36 Minimum Wage.

6.7 Independent Contractor. This Agreement is by and between the City and the Consultant and is not intended, and shall not be construed, to create the relationship of agency, servant, employee, partnership, joint venture or association, as between the City and the Consultant.

6.7.1. The Consultant shall be an independent contractor, and shall have no power to incur any debt or obligation for or on behalf of the City. Neither the City nor any of its officers or employees shall have any control over the conduct of the Consultant, or any of the Consultant’s employees, except as herein set forth, and the Consultant expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees are in any manner employees of the City, it being distinctly understood that the Consultant is and shall at all times remain to the City a wholly independent contractor and the Consultant's obligations to the City are solely such as are prescribed by this Agreement.

6.8 Copyright. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the Consultant.

6.9 Legal Construction.
(a) This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California.
(b) This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement.
(c) The article and section, captions and headings herein have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction.
(d) Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the 6 Agreement for Professional Services
Newbury Park Tree Services, Inc.

Page 5 of 15 ends

singular shall refer to and include the plural.

6.10 Counterparts. This Agreement may be executed in counterparts and as so executed shall constitute an agreement which shall be binding upon all parties hereto.

6.11 Final Payment Acceptance Constitutes Release. The acceptance by the Consultant of the final payment made under this Agreement shall operate as and be a release of the City from all claims and liabilities for compensation to the Consultant for anything done, furnished or relating to the Consultant’s work or services. Acceptance of payment shall be any negotiation of the City’s check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the City shall not constitute, nor be deemed, a release of the responsibility and liability of the Consultant, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the City for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents.

6.12 Corrections. In addition to the above indemnification obligations, the Consultant shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the City, and the cost thereof shall be charged to the Consultant.

6.13 Files. All files of the Consultant pertaining to the City shall be and remain the property of the City. The Consultant will control the physical location of such files during the term of this Agreement and shall be entitled to retain copies of such files upon termination of this Agreement.

6.14 Waiver; Remedies Cumulative. Failure by a party to insist upon the performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.

6.15 Mitigation of Damages. In all such situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

6.16 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will 7 Agreement for Professional Services
Newbury Park Tree Services, Inc.

Page 6 of 15 ends

nevertheless continue in full force without being impaired or invalidated in any way.

6.17 Attorneys' Fees. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.

6.18 Entire Agreement. This Agreement constitutes the whole agreement between the City and the Consultant, and neither party has made any representations to the other except as expressly contained herein. Neither party, in executing or performing this Agreement, is relying upon any statement or information not contained in this Agreement. Any changes or modifications to this Agreement must be made in writing appropriately executed by both the City and the Consultant.

6.19 Notices. Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

TO CITY: Steve McClary TO
CONSULTANT:

Dean Lappinga
City Manager President
City of Malibu Newbury Park Tree Service,
Inc.
23825 Stuart Ranch Road 3595 Old Conejo Road
Malibu, CA 90265-4861 Newbury Park, CA 91320
TEL (310) 456-2489 x 226 TEL (805) 498-7841
FAX (310) 456-2760

6.20 Warranty of Authorized Signatories. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign.

7.0 GENERAL TERMS AND CONDITIONS. (City and Consultant initials required at EITHER 7.1 or 7.2)

7.1 Disclosure Required. By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code. 8 9
10 Agreement for Professional Services
Newbury Park Tree Services, Inc.

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EXHBIIT A

SCOPE OF WORK
The Firm shall provide all professional services described herein below.

Task 1 – Tree Maintenance Service
The scope of work under this task includes performing tree maintenance services. The trees included under this section are identified in the tree inventory program. In general, the work includes tree pruning, stump removal, utilizing City tree maintenance program (ArborPro) to generate work orders, and tree planting.

The standard tree maintenance crew is one (1) foreman, three (3) tree workers, one (1) chipper truck, one (1) chipper, one (1) aerial tower and all necessary hand tools. The tree maintenance crew and equipment can be modified to complete any type of misc. tasks including special projects that may consist of extraordinary work as directed by the City Task 1.1 – Tree Pruning
Tree pruning of pre-designed districts on a set cycle to include all trees. Pruning will include structural pruning, crown raising, crown thinning, and crown cleaning in accordance with the standards and best management practices set forth by the ISA and the ANSI 300 Standards.

Special projects that are difficult to access and require the need for specialty equipment, service request pruning, or pruning to reduce and/or pruning to restore would fall under Crew Rental. Traffic Control required for any type of work will be in accordance with the most updated version of the Work Area Traffic Control Handbook (WATCH), the cost of which will be included in the unit costs for all services.
a. Contractor shall comply with all standards set forth of Cal OSHA and the ANSI Z133 safety requirements.
b. Contractor shall provide and post “No Parking” signs 48 hours in advance of the work. Contractor may be asked to provide other types of notification as well. c. Contractor shall maintain good public relations at all times. All work shall be conducted in a manner which will cause the least possible interference and inconvenience to the general public. Work shall be performed by competent, certified and experienced employees. The contractor shall be responsible for advanced notification to residents and property owners at each work location of the intended tree operations.

Notification shall include but not be limited to door hangers, “No Parking” signs, and other methods deemed necessary. Notification shall be done 72 hours in advance of any scheduled work. Notification shall include impacted property owners within a 100-foot radius of all scheduled tree work and immediate adjacent properties for individual tree services. The contractor shall be responsible for ensuring that private property and vehicles at work locations are not damaged or endangered during the course of the work. Contractor shall be liable for any damage caused to both private and public property resulting from their work.
11 Agreement for Professional Services
Newbury Park Tree Services, Inc.

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d. Contractor shall exercise precautions as necessary when adjacent to aerial and subterranean utilities. In the event that aerial utility wires present a hazard to the Contractor’s personnel or other near the work site, work is to immediately cease, and the appropriate utility company notified. Work shall then commence in accordance with instructions from the utility company. In the event that work causes excavation, the Contractor is responsible for appropriate notification of Underground Service Alerts (USA).
e. No hooks, gaffs, spurs or climbers will be used by anyone employed by the contractor for such pruning.
f. Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner to promote fast callous growth.
g. All pruning tools shall be cleaned and sanitized prior to each tree being trimmed at each work location with alcohol or bleach to prevent the spread of disease from one tree to another. Some species may require the use of hand saws rather than motorized chain saws.
h. Tree topping shall not be done without prior approval by the City. i. Trees shall be trimmed to provide a minimum clearance of fifteen (15) feet over the roadway and nine (9) feet over walkways (i.e. sidewalks). Trees shall be trimmed to remove any obstruction around traffic control devices (i.e. traffic signals and speed radar signs), traffic signs and streetlights.
j. The specific techniques employed shall be consistent with industry practice for the size and species of the tree being pruned. All dead, broken, damaged, diseased or insect infested limbs shall be removed at the trunk or main branch. All cuts shall be made sufficiently close, ½ inch, to the parent stem so the healing can readily start under normal conditions. All limbs two (2) inches or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree.

Task 1.2 – Palm Tree Pruning
Project requirements shall include, but not be limited to:
a. Palm Tree Trimming shall consist of the removal of all dead fronds, dead frond sheaths, fruit clusters and other vegetation from the trunks of palms. Live healthy fonds are to be left at an upward 30 degree angle in relation to a horizontal plane at the head of the palm.
b. Only full green undamaged fronds shall remain at the crown of the tree. 12 Agreement for Professional Services
Newbury Park Tree Services, Inc.

Page 11 of 15 ends

Task 1.3 – Clearance Pruning
Trees will be raised to a standard height established by the City for the purpose of creating adequate room for utility vehicles, paving equipment, pedestrian traffic, clearance for buildings and signs in accordance with standards set forth by the ISA pruning standards and the ANSI A300 Standards under “Pruning to Raise”. Clearance trims are performed on a grid system or on a street-by-street basis.

Task 1.4 – Tree Removal
Based upon the recommendation from an arborist, the firm shall prepare the list of trees to be removed, mark the trees, prepares a schedule, and notifies homeowners. Contractor calls U.S.A. and prepares internal work order. Crew removes trees and hauls all debris.

Task 1.5 – Stump Removal
a. Stump removals shall be inclusive with tree removals. The removal of the stump can be performed separately from the removal of the actual tree but should be billed as one unit cost.
b. Contractor calls U.S.A. and prepares internal work order. c. Stumps shall be grinded to a depth of eighteen (18) inches. All holes will be backfilled, as well as all debris cleaned up and hauled off on the same day the stump removal is completed.
d. Removal of tree and stumps shall be conducted in good workmanlike manner in accordance with the standards of the arboriculture profession. e. All tree parts are to be loaded into transport vehicles. The vehicles must have front and side solid enclosure and the top and rear tarped or otherwise tightly enclosed. The transporting of the tree parts must be made so that no debris escapes during transport. f. Branches, suckers, barks and other tree parts that are chipped are to be hauled to the disposal site during the workday and shall not be left on the worksite or anywhere within the City right of way.

Task 1.6 – Tree Planting
a. Plantings include the tree, root barrier (when required by specification), stakes, ties, and complete installation. Planting list will be compiled by the City. Trees will be tagged from nurseries by the City and delivered to the City’s Maintenance Facility from which contractor will pick up and perform planting.
b. Planting pit shall be dug twice the width and the same depth of the root ball. Before placing the tree in the planting pit, the Contractor shall examine the root ball for injured roots and canopy for broken branches. Damaged roots should be cleanly cut off 13 Agreement for Professional Services
Newbury Park Tree Services, Inc.

Page 12 of 15 ends

at a point just in front of the break. Broken branches should be cut out of the canopy making sure that the branch collar is not damaged.
c. Any damage to the adjacent sidewalks or parkways caused by the Contractor shall be repaired at the expense of the Contractor.
d. Tree shall be placed in the planting pit with its original growing level (the trunk flare) at the same height of the surrounding finished grade. In grass-covered parkways, the top of the root ball shall be level or slightly higher than the surrounding soil. In a concrete tree well, the root ball shall be three (3) inches below the level of the finished surface of the concrete.
e. Backfill material should be no more than 10% commercial soil amendment mixed with the native soil. Placed fertilizer tablets in the corners of the bottom of the hole.

Eliminate all air pockets while backfilling the planting hole by watering the soil as it is placed in the hole. Soils shall not be compacted by tamping it down by foot. f. Trees that are planted in parkways shall have a 4-6-inch-high water retention basin built around the tree capable of holding at least ten (10) gallons of water. In a concrete tree well, soil should be raked against the edge of the concrete to create a sloping basin. Immediately after planting, the tree shall be watered thoroughly by filling the water retention basin twice.
g. All trees shall be staked with two (2) wooden lodge poles connected by four (4) ties per pole. All lodge poles shall be upright and straight. The minimum size of the lodge poles shall be 10-foot long, with 1 1/2-inch diameter. The tree ties shall be placed at 1/3 and 2/3 of the trunk height. Stakes shall not penetrate the root ball and shall be driven into the ground approximately 24- 30 inches below grade. h. In some cases, root barriers may be required. The City will make this determination.

Should a root barrier be required, the Contractor will install a mechanical barrier. The barrier shall be a minimum of 24 inches in depth and placed in a circular fashion one (1) foot from the tree's root system. Root barriers shall be included in the unit price of the tree.
i. Tree spacing shall be at a minimum distance of 30 feetto a maximum of 50 feet (subject to City discretion).
j. Planting will be at a minimum of 30 feet from the back of curb return on an approach to an intersection and 20 feet from the end of the curb on the exit side (subject to City discretion).
k. Plant 20 feet minimum from edge of approach.
l. Plant 20 feet minimum from street light standards, power lines and fire hydrants. m. Plant 15 feet from house walks and utility meters.
n. Center the tree between the sidewalks and curb.
14 Agreement for Professional Services
Newbury Park Tree Services, Inc.

Page 13 of 15 ends

o. Where there is no parkway, plant tree in the center of the public right of way. p. Clean up all trash and any soil or dirt spilled on any paved surface at the end of each workday.

Task 1.7 – Schedule of Work and Hours of Operation
a. Contractor will be required to commence work within thirty (30) calendar days of award of contract. Contractor shall work with the Public Works Superintendent on establishing a schedule for all types of work. Contractor shall submit and gain approval of a daily work schedule indicating the order and location of work. b. The general hours of operations shall be 9:00 AM to 3:00 PM on major commercial streets and 8:00 AM to 5:00 PM on residential streets. The days of operations shall be Monday through Fridays with all major holidays observed. No work shall be performed outside of the general hours of operation or on Saturday/Sunday without prior authorization by the City.

The following are recognized as holidays (non-working) by the City and no street sweeping shall be performed on these days:

New Year’s Day Labor Day
Martin Luther King’s Birthday Veteran’s Day
President’s Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Juneteenth Christmas Eve
Independence Day New Year’s Eve
c. During the months of April and May, tree work will be limited to only plantings and watering in accordance with the City’s established moratorium to prevent disruption to bird nesting. No pruning or removalsshall occur unless constituted as an emergency by the City.
d. Field lead men or foreman of the Contractor shall meet with the Public Works Superintendent as needed to the purpose of reviewing the daily/weekly work, receiving instructions and to discuss any problems encountered on the job.

Task 1.8 – Clean Up
a. Contractorshall clean all job sites daily and when work is completed, including the raking of leaves, twigs, branches, etc. from lawns and parkways and the sweeping of streets.

Storm gutters shall be kept clear of debris as well.
b. Each day’s scheduled work shall be completed and cleaned up and under no circumstances shall any brush, leaves, debris or equipment be left on the street overnight.
15 Agreement for Professional Services
Newbury Park Tree Services, Inc.

Page 14 of 15 ends

c. The City’s representative shall be the sole judge as to the adequacy of the clean-up.

Task 1.9 – Disposal of Materials
All tree branches produced as a result of the Contractor’s operations under this contract will be reduced, reused, recycled and/or transformed. Included in the monthly billing for the tree maintenance the City will receive a Green Waste report detailing the amount of debris recycled and the location. This report is to be used for compliance with Assembly Bill 939.

Task 1.10 – Reports
The Contractor will assist the City with various reports concerning the City’s tree inventory, maintenance services, planting program and/or tree policies. These reports may be produced for the various City Boards, Commissions and Committees.

Task 2 – Tree Inventory Program (ArborPro)
The contractor shall have the capability to utilize ArborPro software, City’s tree inventory program that can be accessed remotely. The tree inventory provides detailed information on each tree including locations, species, health condition, height, DBH, maintenance work performed, etc.

The contractor shall have access to utilize ArborPro and update the inventory to reflect maintenance work completed annually. For additional information about ArborPro, contact them at https://arborprousa.com/ .

Task 3 – Emergency Tree Maintenance/Crew Rental
a. Contractor will respond to emergency calls on a 24-hour basis. Emergency work will begin on-site within ninety (90) minutes of receipt of the call from the City. The crew will do what is necessary to render the hazardous tree-related condition safe. b. The Contractor will be required to provide emergency/on call response to hanging limbs, wind damage or downed trees; and may require removing downed trees that have damaged private property or vehicles. This may be at night or during storm conditions. The Contractor will be given specific locations and work to be performed at each location via telephone call from a City authorized representative and report back to the City representative upon completion of the work specified. c. The Contractor is required to provide 24-hour emergency phone numbers and names of a minimum of two (2) contact individuals upon award of the contract.

Should the phone numbers or contact person change during the course of the contract those changes must be provided to the City.
d. The Contractor shall be required to provide all traffic control required during emergency operations. Should the work involve any high voltage lines the Contractor shall be required to notify the responsible utility company.
e. Work performed under the emergency provision of this contract shall be paid for on a per crew hour basis. This shall include all labor, tools, equipment, disposal fees, and materials necessary for doing the emergency work.
16 Agreement for Professional Services
Newbury Park Tree Services, Inc.

Page 15 of 15 ends

Task 4 – Minor Modifications and/or Additional Work
a. The City may modify these specifications with the joint approval of the Contractor. All modifications shall be in writing.
b. In the event that the City should require additional work beyond the requirements of these specifications, the Contractorshall perform all work at a competitive pricing. c. Additional work may be added to the contract work as the need arises. The Contractor shall perform all specified and approved additional work at the unit prices submitted with this bid proposal.
d. The Contractor must be willing to provide a competitive price for additional work that may be added to the contract. Contractor will be required to demonstrate the ability to properly execute the expanded workload with the necessary increase in labor, materials and equipment needed to complete the additional work in a timely manner. 17 0” – 6” $ 70.00
7” – 12” $ 120.00
13” – 18” $ 215.00
19” – 24” $ 270.00
25” – 30” $ 375.00
31” – 36” $ 500.00
36”+ $ 650.00
0” – 6” $ 60.00
7” – 12” $ 85.00
13” – 18” $ 140.00
19” – 24” $ 175.00
25” – 30” $ 230.00
31” – 36” $ 280.00
36”+ $ 315.00
Prune all palm species $ 305.00
0” – 6” $ 55.00
7” – 12” $ 60.00
13” – 18” $ 85.00
19” – 24” $ 95.00
25” – 30” $ 125.00
31” – 36” $ 150.00
36”+ $ 175.00
Hourly rate for 1 Ground person $ 100.00
Hourly rate for 1 Equipment Operator $ 115.00
Hourly rate for 1 Trimmer $ 115.00
Hourly rate for 1 Foreman $ 125.00
Hourly rate for Service Crew (3 man crew) $ 350.00
Day rate for Service (3 man crew) (per 8 hr. day) $ 3,520.00 1 Chipper $ 50.00
1 Chipper Truck $ 65.00
1 Aerial Tower $ 75.00
Fully equipped 3-person crew called in for emergency service during normal business hours $ 440.00 Fully equipped 3-person crew called in for emergency service after normal business hours, weekends and/or holidays
$ 615.00
Inflation Indicator 3% per year
Emergency Services (per hour)
The unit prices shall include all materials, tools, supplies, equipment, transportation, and/or other services.

Hardwood Tree Full Prune
Hardwood Tree Crown Raise/Clearance Prune
Tree and Stump Removal per inch Diameter at Standard Height (DSH) General Labor Rates
General Equipment Rates (per hour)
Newbury Park Tree Service, Inc. FEE SCHEDULE 8/2024
Palm Tree Trimming
18 19
20 21
22 23

Page 1 of 2 ends

Agenda Item # 3.B.10.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Travis Hart, Deputy Public Works Director
Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: August 19, 2024 Meeting date: September 23, 2024 Subject: Agreement for Annual Street Sweeping Services
RECOMMENDED ACTION: 1) Authorize the Mayor to execute an agreement with Sweeping Corporation of America of CA, LLC (SCA) for Street Sweeping Services under the City’s Annual Street Sweeping Services; and 2) Appropriate $44,160 in Account No. 100-3001-5121.01 (Street Sweeping).

FISCAL IMPACT: Funding for the Annual Street Sweeping Services program was included in the Adopted Budget for FY 2024-25, for a total amount of $95,450. Based upon the cost proposal received by the City for these services, an additional appropriation of $44,160 from the General Fund Undesignated Reserve to Account No. 100-3001-5121-01 (Street Sweeping) is needed to perform these services. This program includes reimbursements received from Caltrans for sweeping services performed on Pacific Coast Highway (PCH).

The projected General Fund Undesignated Reserve on June 30, 2025, is $69,446,492.

Existing Funding Estimated Costs Variance
General Fund
Subtotal
$95,450
$95,450
Cost Proposal
Subtotal
$139,610
$139,610 Total ($44,160)
Additional General Fund Undesigned Reserve Request $44,160 STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2023-24 Strategic Priority Project List. Staff continue to work on ongoing projects and normal business while the FY 2024-25 Strategic Priority Plan is finalized.

City Council Meeting
09-23-24
Item

3.B.10.
1

Page 2 of 2 ends

Agenda Item # 3.B.10.

DISCUSSION: The Annual Street Sweeping Services program consists of providing street sweeping services for all the City’s public streets, City-owned parking lots, and PCH, within the City limits. The City’s public streets and parking lots are swept monthly, while PCH is swept bi-weekly. Caltrans reimburses the City for their portion of street sweeping on PCH.

On June 13, 2024, the City issued a Request for Qualifications/Proposals for annual street sweeping services within the City of Malibu. On August 1, 2024, the City received one proposal from SCA that included a cost proposal of $139,610. This cost proposal was above the approved budget by $44,160. Staff reviewed the proposal and discovered the labor rates have increased significantly from $35 per hour to $95.25 per hour. SCA mentioned the labor rates have increased from previous years because this work falls rates under prevailing wage laws. Staff conducted research and discovered that the California Department of Industrial Relations confirmed that street sweeping work performed pursuant to a contract with a municipality was categorized as maintenance work. This revision requires any street sweeping work subject to prevailing wages. This increase in labor rates accounts for an additional $44,160 beyond the Fiscal Year 2024- 25 Adopted Budget.

Council Policy #44 requires that all proposed appropriations over $10,000 be reviewed and discussed by the Administration and Finance (A&F) Subcommittee prior to being presented to the Council. On August 29, 2024, the A&F Subcommittee discussed and recommended the City Council appropriate an additional $44,160 to this project from the General Fund Undesignated Reserve for award of an agreement to SCA to perform street sweeping services.

Staff recommends the City Council authorize the Mayor to execute an agreement with SCA for street sweeping services under the City’s Annual Street Sweeping program. Once approved, staff will process a Notice to Proceed.

ATTACHMENTS: Agreement with SCA of CA, LLC
2 STREET SWEEPING SERVICES AGREEMENT
THIS AGREEMENT is made as of September 23, 2024 by and between the City of Malibu, a municipal corporation ("City") and SCA of CA, LLC ("Contractor").

R E C I T A L S
A. City desires to utilize the services of Contractor as an independent contractor to provide street sweeping services to City as set forth in the Scope of Work attached hereto as Exhibit A and incorporated herein by reference.

B. Contractor represents that it is fully qualified to perform such street sweeping services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows:

1. Contractor's Services.

A. Scope of Services. The nature and scope of the specific services to be performed by Contractor are as described in Exhibit A.

B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Contractor are as set forth in Exhibit A.

C. Additional or Other Services. Any proposed changes in the work to be performed under this Agreement shall be made only by written amendment to this Agreement. Contractor is not authorized to undertake any work which would result in costs, expenses, or fees in excess of the costs contained in the Compensation Schedule in Exhibit B, attached hereto and incorporated herein by reference, without the express written approval of the City Manager. Should the City require the Contractor to provide additional services beyond the Scope of Work described in Exhibit A, for services not specifically described therein, the rates and quantities shall be negotiated between the City and Contractor.

2. Term of Agreement. This Agreement shall take effect on October 1, 2024 and shall continue in effect for one year from said date unless earlier extended or terminated pursuant to the provisions herein. City may, in its sole discretion, elect to extend the Term of this Agreement without seeking competitive proposals for an additional five (5) years upon successful demonstration of exemplary contract performance.

3. Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the schedules set forth in Exhibit B. Payment will be made only after submission of proper invoices in the form specified by City. The cost of services shall not exceed Exhibit B – Compensation Schedule.

Attachment 1
3 4. General Terms and Conditions.

A. Time is of the Essence – Contractor agrees to perform the services and deliver the work products provided for herein in strict accordance with any schedules set forth by the City.

B. License: Standard of Care – Contractor represents and agrees that all personnel engaged by the Contractor in performing the services are and shall be fully qualified and are authorized or permitted under Federal, State, and local law to perform such services. Contractor represents and warrants to the City that it has all licenses, permits, qualifications, and approvals required to provide the services and work required to be performed by this Agreement.

1. Contractor further represents and warrants that it shall keep in effect all such licenses, permits, and other approvals during the term of this Agreement. Contractor shall perform the services under this Agreement in a skillful and competent manner and in the manner and according to the standards observed by a competent practitioner of the work in which Contractor is engaged.

C. Subcontracting Subject to Approval – Contractor shall not subcontract any portion of the work to other persons or contractors without express written approval from the City.

D. Administration – This Agreement will be administered by the City Manager or his designee. The City Manager or his designee shall be considered the Project Administrator and shall have the authority to act for the City under this Agreement. The City Manager or his designee shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement.

E. Contractor’s Records – Contractor shall keep records and invoices in connection with its work to be performed under this Agreement.

Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of the City during normal business hours to examine, audit, and make transcripts or copies of such records. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of five (5) years from the date of final payment under this Agreement. 4 5. Addresses.

City: Steve McClary, City Manager
City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265
Contractor: Brad Becker, Regional Vice President
SCA of CA, LLC
4141 Rockside Rd., Ste. 100
Cleveland, OH 44131

6. Status as Independent Contractor.

A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City.

B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto.

C. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6.

D. Contractor shall, at Contractor’s sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Malibu, South Coast Air Quality Management District, and California Air Resources Board.

Contractor further agrees to indemnify and hold City harmless from any 5 failure of Contractor to comply with the requirements in this Section 6.

Additionally, the City shall have the right to offset against the amount of any fees due to Contractor under this Agreement for any amount or penalty levied against the City for Contractor’s failure to comply with this Section 6.

7. Indemnification. Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor 's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

8. Insurance. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City (1) a policy or policies of broad-form comprehensive general liability insurance with minimum limits of $4,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $1,000,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $1,000,000.00; and (4) worker's compensation insurance with a minimum limit of $1,000,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only.

A. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage.

B. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement; shall be issued by an insurance company which is authorized to do business in the State of California or 6 which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII.

C. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement.

Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept.

9. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City.

City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Contractor's prior written consent, use the same for other unrelated projects.

10. Ownership of Materials. All materials provided by Contractor in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Contractor may, however, make and retain such copies of said documents and materials as Contractor may desire.

11. Conflict of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement.

12. Termination. City may terminate this Agreement with or without cause upon thirty (30) days written notice to Contractor. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services.

Contractor may terminate this Agreement, or any program or service provided hereunder, at least ninety (90) days in advance of such termination. If this Agreement is terminated by the Contractor, the Contractor shall be compensated for services satisfactorily completed and approved prior to the effective date of termination. 7 13. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises.

14. Non-Discrimination and Equal Employment Opportunity.

A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.

C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.

15. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.

16. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments.

Contractor shall keep itself informed of all State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Contractor shall, at all times, observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity by reason of the failure of the Contractor to comply with this paragraph.

17. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the 8 making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

18. Attorney’s Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney’s fees and costs, including costs of expert witnesses and Contractors.

19. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.

20. Governing Law/Venue. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. The exclusive venue for any disputes arising under this Agreement shall be the Superior Court for the County of Los Angeles.

21. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.

22. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk.

23. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference.

24. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way provided that the principal purpose of this Agreement is not thereby frustrated. 9 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

This Agreement is executed on this _____ day of ______________, 2024, at Malibu, California, and effective as of October 1, 2024.

CITY OF MALIBU:
___________________________________
DOUG STEWART, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
CONTRACTOR:

SCA of CA, LLC
_______________________________
By: __________________________
Title: __________________________
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
Brad Becker
Regional Vice President
10 EXHIBIT A
Scope of Work
The Contractor shall provide all professional services described below.

GENERAL
Work to be performed under this Agreement consists of the removal of debris from all of the City’s public streets, portions of Pacific Coast Highway, City Hall parking lot, and any other areas as directed by the City. The street sweeping work shall be consistent with the standards set forth by the American Public Works Associations general street sweeping practices. All streets shall be free of litter, sand, gravel, dirt, and vegetation debris. Intersections and cross gutters shall be generally free of any debris buildup.

Removal of debris shall mean all material normally picked up by a mechanical sweeper such as sand, dirt, gravel, leaves, grass clippings, paper, cans, and other such materials within the street. Removal shall also include large items such as large stones, tree limbs, wood, and other such materials in the areas to be swept that can be picked up and put into the sweeper by one person.

RESPONSE TIME
When directed by the Public Works Director to perform additional work, including emergency work, the Contractor shall provide street sweeping services within four () hours of the request. Request for additional work shall be made by email or by telephone call. Public Works Director shall mean the Public Works Director or his/her designee.

AGREEMENT WORKING HOURS AND WORKING DAYS
Working hours for street sweeping on the City of Malibu public streets and parking lots shall be limited to the hours between 7:00 a.m. and 3:00 p.m., Monday through Friday, unless approved in advance by the Public Works Director. Street sweeping on Pacific Coast Highway shall be performed every Friday between 2:00 a.m. and 7:00 p.m., unless approved by the City Engineer in writing and unless otherwise specified.

The following are recognized as holidays (non-working) by the City and no street sweeping shall be performed on these days, except in the case of an emergency and as directed as additional work pursuant to this Agreement:

New Year’s Day Labor Day
Martin Luther King’s Birthday Veteran’s Day
President’s Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Juneteenth Christmas Eve
Independence Day New Year’s Eve
11 INCLEMENT WEATHER CONDITIONS
The City reserves the right to declare an inclement weather day, for whatever reason. An inclement weather day shall be considered a non-work day and no compensation shall be awarded to the Contractor for that day as indicated in the schedule of work. Inclement days due to weather shall be rescheduled as directed by City.

STREET SWEEPING SCHEDULE
Prior to the start of work, the Contractor shall submit to the City, for review and approval, a complete schedule of the street sweeping work. The schedule shall include the street name, the limits of the work on the indicated street, the day and week of the month and the time range for the proposed sweeping. The schedule shall reflect no conflict with the trash pick-up schedule or scheduled City events.

The schedule shall be supplemented with a City map indicating the scheduled routes.

The schedule may be adjusted or revised upon a 30-day written request by either the Contractor or the City.

EXCEPTIONS TO THE SCHEDULE
When inclement weather has been declared, the Contractor shall not be required to comply with the schedule. If the street sweeping operation is prevented due to equipment failure or reasons other than weather, the Contractor shall be required to complete the deferred sweeping prior to the next scheduled sweeping date, or as directed by the City

QUALITY OF SERVICE
The Contractor shall perform street sweeping services in accordance with industry wide acceptable proactive and methods.

Street sweeping speed shall not exceed the manufacturer’s recommendations for the sweeper used. The maximum speed allowed for street sweeping shall be eight (8) miles per hour during sweeping operations.

PUBLIC CONVENIENCE
The Contractor shall conduct the street sweeping operations in such a manner as to cause the least amount of obstruction and inconvenience to public traffic.

The Contractor shall provide adequate field supervision for continuous surveillance of workmanship and adherence to the schedule. The field supervisor shall discuss with the City’s representative, on a weekly basis during the life of this contract, the performance of the work and any citizen complaint. The City may require weekly reports from the Contractor concerning the work performance or citizens’ 12 complaints. The City reserves the right to randomly review the work performance in the field.

COMPLAINTS
The Contractor shall respond to and investigate all complaints received from the Public Works Director within two working days of receipt of each complaint. No payment shall be made for any re-sweeping necessary in response to a complaint.

The City shall be notified as to the disposition of each complaint within a respectable amount of time. Valid citizen complaints relating to the quality of the sweeping services in excess of 15 per month may be the basis for cancellation of the service contract.

PROTECTION OF PUBLIC AND PRIVATE PROPERTY
The Contractor is required to protect in place all public property improvements and private property improvements. Any damage caused by street sweeping services shall be reported to the Public Works Director immediately. All damage caused by street sweeping operations shall be repaired within three working days of incident occurrence. If the damage is not repaired in the required amount of time, the City reserves the right to make the repairs and back charge the Contractor for such repairs.

MANPOWER
The Contractor shall provide competent and experienced drivers and mechanics for the performance of the street sweeping services. Drivers and other representatives of the Contractor shall be in uniform or suitable clothing during the performance of the street sweeping service. All drivers shall have a valid California driver’s license in the class and type of vehicle operated for the street sweeping services. The Contractor shall have sufficient manpower available to perform the street sweeping services at all times.

EQUIPMENT
The Contractor shall use standard heavy duty sweeping equipment necessary to clean the City streets of sand, gravel, paper, glass, dirt, rocks, litter and miscellaneous debris. The street sweepers shall be equipped with dual gutter brooms and vacuum equipment may be used.

Mechanical brushes and brooms shall be maintained in proper condition and shall replace as recommended by the manufacturer or when pick up ability is impaired or diminished. The street sweeping equipment used in this contract shall not older than equipment year 2010.

The sweeping equipment used in this contract shall have mufflers capable of meeting the City’s standards for noise abatement. The equipment shall also have a valid smog certificate in accordance to the State of California requirements. All equipment used in this contract shall be maintained in high standard mechanical 13 condition and shall be properly adjusted for the work. This includes typical preventative maintenance, necessary repairs, safety features, and good record keeping of said equipment. All safety equipment used in the street sweeping operation shall always be in high mechanical and operational condition.

Older street sweeping equipment may be substituted in the work for periods not to exceed fourteen (14) calendar days in the event of repair or maintenance of the newer equipment. Requests to substitute older equipment for more than fourteen (14) calendar days shall be submitted in writing for approval, which may be approved or denied by the City in its sole discretion.

The Contractor shall submit a Basic Inspection of Terminals (BIT) inspection report ensuring all sweeping equipment used in this contract has been CHP inspected and certified. The Contractor shall submit BIT inspection reports for all equipment used in this contract, every six months.

EQUIPMENT AND MATERIAL STORAGE
The City does not have an equipment and material storage site available within the City limits. The Contractor shall designate the site used to store equipment and materials. The City will require proof that the Contractor has permission to use the site, from the owner, in writing and furnish the City a copy of such document.

The storage site shall be maintained in a clean, safe and secure manner. The City may require shielding the site from public view and may add other reasonable conditions as deemed necessary by the Public Works Director.

DISPOSAL OF DEBRIS
The Contractor shall be responsible for proper disposal of all material swept up or collected by their operations.

DUST ABATEMENT ACTIVITIES
The Contractor is cautioned that dust abatement is an important issue in the City.

The use of water to control dust is recommended. The Contractor is responsible to acquire and maintain a water permit and meter from the Los Angeles County Water District 29, telephone number is (310) 456-9661. The excessive use of water to control dust will not be allowed.

MONITORING AND INSPECTION OF EQUIPMENT AND OPERATIONS
The City reserves the right to randomly monitor or inspect the equipment and service operation during the life of this contract.

CALL-BACKS
Whenever, in the opinion of the Public Works Director or his representative, a section of street is in adequately swept, the Contractor shall re-sweep the section 14 in question within twenty-four (24) hours of notice or direction from the Public Works Director.

TASKS:

1.0 – PUBLIC STREETS
The Contractor shall perform street sweeping of the City of Malibu public streets using equipment and materials as mentioned above. A list of the public streets is included in Attachment A. Each street listed shall be swept monthly. The Contractor shall submit to the City a detailed schedule for this work.

The work shall include sweeping rolled curbs and inverted shoulders where the curb and gutter do not exist.

2.0 – PACIFIC COAST HIGHWAY
The Contractor shall perform street sweeping of the Pacific Coast Highway using equipment and materials as mentioned above. The limits for this work shall be Pacific Coast Highway within the City of Malibu City limits. Pacific Coast Highway shall be swept bi-weekly. The Contractor shall submit to the City a detailed schedule for this work.

The work shall include sweeping rolled curbs and inverted shoulders where the curb and gutter do not exist.

3.0– CITY OWNED PARKING LOT
A. City Hall Parking Lot
The Contractor shall perform street sweeping of the City of Malibu’s City Hall parking lot using equipment and materials as mentioned above. The City of Malibu City Hall parking lot is located at 23825 Stuart Ranch Road, Malibu, CA 90265. The parking lot shall be swept monthly. The Contractor shall submit to the City a detailed schedule for this work.

B. Bluffs Park Parking Lot
The Contractor shall perform street sweeping of the City of Malibu’s Bluffs Park parking lot using equipment and materials as mentioned above. Bluffs Park parking lot is located at 24250 Pacific Coast Highway, Malibu, CA 90265. The parking lot shall be swept monthly. The Contractor shall submit to the City a detailed schedule for this work.

C. Trancas Canyon Park Parking Lot
The Contractor shall perform street sweeping of the City of Malibu’s Bluffs Park parking lot using equipment and materials as mentioned above. Trancas Canyon Park parking lot is located at 6050 Trancas Canyon Park, Malibu, CA 90265. The parking lot shall be swept monthly. The Contractor shall submit to the City a detailed schedule for this work.

4.0 – ADDITIONAL WORK
15 The City may direct the Contractor to perform street sweeping services on an as needed basis. Typically, the City may direct the Contractor to perform street sweeping on an emergency service and or immediately after parades, community celebrations or other activities as designated by the Public Works Director.

When directed by the Public Works Director to perform additional work, the Contractor shall provide street sweeping services within four (4) hours of the request. Request for additional work shall be made by email or by telephone call. 16 EXHIBIT B
Compensation Schedule
Street Sweeping Services
Task
No.

Description (a)
Quantity
(b)
Unit Price
(c)
Total Cost
per Month
(a)x(b)
Total Annual
Cost
(c)x12

1.0 Monthly sweeping all public
City streets
100 Lane
Miles per
Month
$54.00 $5400.00 $64,800.00

2.0 Bi-weekly street sweeping
on Pacific Coast Highway
41 Lane
Miles
Bi-weekly
$62.19 $5099.58 $61,194.96

3.0 Monthly Sweeping City Hall
Parking Lot, Bluffs Park
Parking Lot, and Trancas
Park Parking Lot.
3 - Parking
Lots
$60.00 $180.00 $2160.00

4.0 Additional or emergency
street sweeping including
disposal of debris *
10 Hours $245.00 XXXXXX $2450.00
Total $130,604.96
*Cost for Task No. 4 shall be on an annual basis. A total of 10 hours is estimated for additional or emergency street sweeping services for the year.

All debris shall be taken to an approved landfill by the successful bidder. The City of Malibu has no facility for debris disposal. A report listing the amount of debris recycled will be included with the monthly pay request.
17 ATTACHMENT A
CITY OF MALIBU – PUBLIC STREETS
18 19
20 21
22 23
City of Malibu Street Sweeping Schedule First Monday 7am – 3pm Route 24 City of Malibu Street Sweeping Schedule Second Monday 7am – 3pm Route 25 City of Malibu Street Sweeping Schedule Second Monday 7am – 3pm Route 26 City of Malibu Parking Lot Sweeping Schedule Third Monday 27

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Agenda Item # 3.B.11.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Jorge Rubalcava, Senior Civil Engineer
Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: August 13, 2024 Meeting date: September 23, 2024 Subject: Professional Services Agreement for PCH Median Improvements – Paradise Cove and Zuma Beach
RECOMMENDED ACTION: Authorize the Mayor to execute a Professional Services Agreement with Kimley Horn and Associates, Inc. (Kimley Horn) for engineering design services for the PCH Median Improvements – Paradise Cove and Zuma Beach in the amount not to exceed $296,670.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement is included in the Adopted Budget for FY 2024-25 in Account No. 310-9102-5100 (PCH Median Improvements – Paradise Cove and Zuma Beach).

DISCUSSION: The Pacific Coast Highway Median Improvements project, from Paradise Cove to Zuma Beach, aims to enhance safety on Pacific Coast Highway. The plan includes building a raised median, extending 500 feet in the east and west directions of Pacific Coast Highway (PCH) near the intersection of Paradise Cove Road. Additionally, the northbound left-turn lane will be extended by 100 feet for improved access. Another aspect of the project involves creating a raised median, approximately 500 feet long, at the Pacific Coast Highway and Busch Drive intersection, to replace the existing double yellow line.

This project is fully funded with the City’s allocations of the Los Angeles County Measure M Transportation Funds.

City Council Meeting
09-23-24
Item

3.B.11.
1

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Agenda Item # 3.B.11.

On February 9, 2024, staff released a Request for Qualifications/Proposals for engineering design services for PCH Median Improvements – Paradise Cove and Zuma Beach to retain a qualified consulting firm. This project was identified in the 2015 PCH Safety Study as Priority No. 4 and 10.

On March 28, 2024, the City received two proposals: Kimley Horn and CR Associates.

Both proposals were evaluated and invited to participate in a virtual interview. On June 27, 2024, and July 29, 2024, a selection panel made up of staff and participants from other local agencies conducted virtual interviews. The selection panel identified Kimley Horn as the most qualified. Kimley Horn has successfully completed similar projects for other public agencies including the City.

Staff recommends authorizing the Mayor to execute a professional services agreement with Kimley Horn in an amount not to exceed $296,670 for engineering design services for the PCH Median Improvements – Paradise Cove and Zuma Beach.

ATTACHMENTS: Professional Services Agreement – Kimley Horn and Associates, Inc. 2 Agreement for Professional Services
Kimely Horn and Associates, Inc.

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AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of September 23, 2024 by and between the City of Malibu (hereinafter referred to as the "City"), and Kimley-Horn and Associates, Inc. (hereinafter referred to as "Consultant").

The City and the Consultant agree as follows:

R E C I T A L S
A. The City does not have the personnel able and/or available to perform the services required under this Agreement.

B. The City desires to contract out for consulting services for certain projects relating to engineering design services for the PCH Median Improvements – Paradise Cove and Zuma Beach.

C. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.

D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement.

NOW, THEREFORE, the City and the Consultant agree as follows:

1.0 SCOPE OF THE CONSULTANT’S SERVICES. The Consultant agrees to provide the services and perform the tasks set forth in Exhibit A (Scope of Work), attached to and made part of this Agreement, except that, to the extent that any provision in Exhibit A conflicts with this Agreement, the provisions of this Agreement govern. The Scope of Work may be amended from time to time by way of a written directive from the City.

2.0 TERM OF AGREEMENT. This Agreement will become effective on August 12, 2024, and will remain in effect for a period of three (3) years from said date unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein.

4.0 COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with the Exhibit “A”, Scope of Work and Exhibit “B” compensation schedule. The cost of services shall not exceed $296,670 for the term of the Agreement. No additional compensation shall be paid for any other expenses incurred unless first approved in writing by the City Manager, or his Docusign Envelope ID: 01F26596-BBC3-4F32-8B8E-D650C16AD2D6 3 Attachment 1
Agreement for Professional Services
Kimely Horn and Associates, Inc.

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or her designee.

4.1 The Consultant shall submit to the City, by no later than the 10th day of each month, its written, detailed bill for services itemizing the fees and costs incurred during the previous month. The City shall pay the Consultant all uncontested amounts set forth in the Consultant's bill within 30 days after it is received.

6.0 GENERAL TERMS AND CONDITIONS.

6.1 Termination. Either the City Manager or the Consultant may terminate this Agreement, with or without cause, by giving the other party ten (10) calendar days written notice of such termination and the effective date thereof.

If the Consultant terminates this Agreement without cause, the Consultant shall be paid only for those services completed in a manner satisfactory to the City.

6.1.2 If the Consultant or the City fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Consultant or the City violate any of the covenants, agreements, or stipulations of this Agreement, the Consultant or the City shall have the right to terminate this Agreement by giving written notice to the other party of such termination and specifying the effective date of such termination. The Consultant shall be entitled to receive compensation in accordance with the terms of this Agreement for any work satisfactorily completed hereunder. Notwithstanding the foregoing, the Consultants shall not be Docusign Envelope ID: 01F26596-BBC3-4F32-8B8E-D650C16AD2D6 4 Agreement for Professional Services
Kimely Horn and Associates, Inc.

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Malibu City CouncilSeptember 23, 2024

Malibu City Council
September 23, 2024