provide Consultant with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this Agreement given the limited scope of work or services provided by the subcontractor. Consultant agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to City for review.
City’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days’ advance written notice of such change. If such a change results in substantial additional costs to the Consultant, the City and Consultant may renegotiate the Consultant’s compensation.
Self-Insured Retentions. Any self-insured retentions must be declared to and approved by the City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.
Timely Notice Of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional Insurance. The consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
Docusign Envelope ID: 371101B1-4D44-4EF0-A874-9E89BB8549C7 31
Agenda Item # 1.B.12.
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Joseph D. Toney, Assistant City Manager
Approved by: Steve McClary, City Manager
Date prepared: October 31, 2024 Meeting date: November 12, 2024 Subject: Professional Services Agreement Amendment No. 2 with Quinto Consulting, LP for City Treasurer Services and Request for Proposals RECOMMENDED ACTION: 1) Authorize the Mayor to execute Amendment No. 2 to the Professional Services Agreement with Quinto Consulting, LP for City Treasurer services; 2) Direct the City Manager to develop and issue a request for proposals (RFP) for City Treasurer; and 3) Assign the Administration and Finance Subcommittee to review the proposals, conduct interviews, and make a recommendation to City Council regarding the selection of City Treasurer.
FISCAL IMPACT: No additional appropriation is required. Funding for this agreement/project is included in the Adopted Budget for FY 2024-25 in Account No. 100- 7054-5100-01 (Finance – Profession Services).
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: Section 2.16.010 of the Malibu Municipal Code (MMC) states, in part, that “the City Council shall appoint a City Treasurer who shall be responsible for the safe deposit of all moneys in the custody of the City and shall perform all the duties prescribed by law and as may be assigned by City Council.” In 2020, the City initiated a Request for Proposals (RFP) process to identify a consultant to assume the City Treasurer functions as outlined in the MMC. The City published the RFP on June 17, 2020, with a deadline of July 15, 2020. Due to the lack of response, the City extended the deadline twice to August 6 and September 18 of 2020. The City received one proposal from Quinto Consulting, LP. After reviewing the proposal and City Council Meeting
11-12-24
Item
1.B.12.
1
Agenda Item # 1.B.12.
qualifications of Ruth F. Quinto, the City initiated a two-year agreement through November 9, 2022. The City was satisfied with the services provided, and on November 14, 2022, the City approved Amendment 1, which extended the term two years to November 13, 2024.
The City wishes to extend the term for one year to November 13, 2025. During this time, an RFP can be conducted to provide for a competitive process.
ATTACHMENTS: Professional Services Agreement Amendment No. 2 – Quinto Consulting, LP
2
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3
Agenda Item # 5.A.
Council Agenda Report
To: Mayor Stewart and Honorable Members of the City Council Prepared by: Raneika Brooks, Senior Planner
Reviewed by: Salvador Lopez, Jr., Interim Assistant Planning Director Maureen Tamuri, Interim Planning Director
Approved by: Steve McClary, City Manager
Date prepared: November 7, 2024 Meeting Date: November 12, 2024 Subject: Appeal No. 23-003 - Appeal of Planning Commission Resolution No. 23-03 (31864 Sea Level Drive; Owners - Narod Najarian and Garo Bedrossian; Appellants - Elizabeth and Glenn Lynch and Patt Healy, Malibu Coalition for Slow Growth)
RECOMMENDED ACTION: Continue this item to the November 25, 2024 Regular City Council meeting.
City Council Meeting
11-12-24
Item
5.A.
Agenda Item # 6.A.
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Alexis Brown, Deputy City Manager
Reviewed by: Joseph D. Toney, Assistant City Manager
Approved by: Steve McClary, City Manager
Date prepared: October 1, 2024 Meeting date: November 12, 2024 Subject: Strategic Workplan Fiscal Year 2024-25 (Continued from October 28, 2024)
RECOMMENDED ACTION: Adopt the Strategic Workplan for Fiscal Year 2024-25.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
DISCUSSION: At the Special City Council meeting of September 18, 2024, the Council conducted a review of the City's FY 2023-24 Strategic Workplan, addressing both completed projects and the addition of new high-priority items for FY 2024-25. As part of this review, five projects from the previous Workplan were marked as completed and moved into day-to-day operations for continued implementation and monitoring.
These completed projects are:
• Classification and Compensation Study
• Malibu High School Coastal Development Permit (CDP)
• Accessory Dwelling Unit (ADU) Ordinance
• Exterior Elevated Elements Ordinance (E3)
• Fee Schedule Update
Considering these completions and a reevaluation of current city priorities, the Council identified five new high-priority projects to be incorporated into the FY 2024-25 Strategic Workplan.
City Council Meeting
11-12-24
Item
6.A.
1
Agenda Item # 6.A.
These projects are crucial for addressing key safety, infrastructure, and financial priorities in the coming year:
1. PCH Safety Initiatives
2. PCH Las Flores and Ramla Pacifica Intersection Improvements
3. Impound Yard
4. “Snack Shack” at Malibu Bluffs Park
5. Fund Balance Policy
Background
On September 27, 2023, the City Council approved the City’s first Strategic Workplan to help focus and prioritize staff efforts on the most important projects. This workplan was the result of an extensive conversation between the Council and City staff leadership during a series of productive workshops earlier in the year. These discussions addressed the difficult challenge of managing a finite staff that must balance a significant load of dayto-day operations, while also responding to community demands for special projects.
Since the adoption of the Strategic Workplan, the Council has received updates on its progress, with the last update provided in February 2024. Due to the high volume of daily operational tasks, further updates have been delayed. Despite this, staff has made substantial progress, completing several key projects, which are now in the monitoring and implementation phase.
Since the workplan’s approval, additional high-priority projects have been assigned to staff that were not included in the original plan. Considering these new priorities, staff is requesting that the Council review the current list of projects and provide guidance on how to reprioritize the workload for the next six months.
The City Council held a Special Meeting on September 18, 2024. With this updated workplan, staff is seeking direction from the Council to proceed with the implementation of the new high-priority items, while continuing to manage daily operations.
ATTACHMENTS: Proposed Reprioritized Strategic Workplan for FY 24-25 2 Strategic Workplan FY 24-25
Core Focus Project Dept Team Lead(s) Project Status Summary Timeline (Deliverables Over Next 6 Months) Top Workplace Culture Recruitement & Retention M&A J.Toney, A.Brown, HR, Policy Ad Hoc In Progress
In February 2024, the Malibu City Council adopted the
Winter Closure as a permanent policy. The staff and
Policy Ad Hoc committee have completed a draft of the
Code of Conduct, which is scheduled for presentation on October 14, 2024. Meanwhile, staff continues to assess
and refine employee recruitment and retention
strategies, focusing on enhancing health and wellness
benefits, as well as providing training and leadership
development opportunities.
Recruitment system onboarding module by March
2025
Recruitment Campaign updates (recruitment video,
revamped flyers, fairs, etc.) by March 2025
Preservation of Malibu's Rural
Character School District Separation M&A
S.McClary, A.Brown,
School Separation
Ad Hoc
Near Completion
The City of Malibu is actively working with the Santa
Monica-Malibu Unified School District (SMMUSD) to
finalize a separation package that includes a Revenue
Sharing Agreement, Operations Agreement, and Joint
Powers Authority (JPA) Agreement. These agreements
outline how resources and services will be shared or
divided between the two districts. The SMMUSD Board
is scheduled to vote on the package on October 24th,
and the City will adopt it shortly after. The separation package, along with the City’s 2017 petition, will be
presented to the County Committee in November. If
approved, the petition will advance to the State Board
of Education for final review.
Completion of the Separation Package
Finalize the separation package, which includes the
Revenue Sharing Agreement, Operations
Agreement, and Joint Powers Authority (JPA)
Agreement.
SMMUSD Board Vote (October 24th)
SMMUSD will hold a public vote to approve the
finalized separation package.
City Council Adoption
The Malibu City Council will formally adopt the
separation package, aligning with SMMUSD’s
approval.
County Committee (November)
The City and SMMUSD will jointly present the
separation package, along with Malibu’s 2017
petition, to the County Committee for review. Two
hearings will be scheduled to hear the City's petition
on Separation; one in Malibu and the other in Santa
Monica. Should the County Committee approve the
petition for separation, the City's petition will
advance to be heard by the State Board of
Education.
1 3
Attachment 1
Strategic Workplan FY 24-25
Core Focus Project Dept Team Lead(s) Project Status Summary Timeline (Deliverables Over Next 6 Months) Preservation of Malibu's Rural
Character Malibu Community Lands M&A/PL/ESD/PW A.Brown Near Completion The City Council awarded a contract to Tripepi Smith on February 12, 2024, to lead community outreach and
engagement for the master planning of five city-owned
parcels. Phase 1 (April-June) has been completed, and
Phase 2 is taking place from August to September, with
one final community meeting scheduled for September
17, followed by a second survey. Alongside this, the City has conducted a technical review to evaluate
environmental restrictions and assess the feasibility of potential developers on each property. The outcomes
report will be presented at a special City Council work session the week of October 21, and for formal action at the October 28 meeting.
Conduct the final community meeting on September
17, 2024, and distribute the second survey.
(October) Present the outcomes report, including
community feedback and technical review findings,
at the City Council work session the week of October
21. Bring the report before the Council for action at the regular meeting on October 28, 2024.
Pending Council direction, prepare to issue RFPs for
Master Planning & Design services for the cityowned parcels, as applicable. (Ongoing) Continue engaging the community
throughout the planning and design phases.
Effective & Efficient Government Housing Element PL M.Tamuri Near Completion The City has met the milestones laid out in the Housing Element Stipulated Judgment. The City’s revised 6th
Cycle Housing Element was submitted to the California
Department of Housing and Community Development
(HCD) on October 4, 2024. On October 17, the Local
Coastal Program (LCP) amendments (Ordinance 523 and
Resolution No. 24-49) were transmitted to the California Coastal Commission (CCC) for its certification review. On October 18, 2024, an executed copy of Ordinance 523
approving the Malibu Municipal Code (MMC) and Local
Coastal Program (LCP) amendments was submitted to
HCD along with proof that the LCP amendments were
submitted to the CCC. In addition, these documents
were transmitted to the HCD legal team and the State
Attorney General. City staff anticipates receiving the
certification letter from HCD as it previously found that the draft housing element met the statutory
requirements of State Housing Element Law.
Next Steps: October 18 – Submit the Local Coastal
Program amendment to the Coastal Commission;
work with Commission staff to ensure the
amendment is complete for processing.
November 2024 - Develop a work plan to implement
the Housing Programs contained in the Housing
Element.
Begin work on implementing the work plan
including, processing the remaining required code
amendments, creating a housing resources web
page, and developing informational handouts
regarding fair housing
2 4
Strategic Workplan FY 24-25
Core Focus Project Dept Team Lead(s) Project Status Summary Timeline (Deliverables Over Next 6 Months) Effective & Efficient Government Development Services Report (Baker Tilly) Implementation M&A/PL/ESD/PW J.Toney In Progress Summary memo provided to Council on December 11,
2023. New Queue Management System for front
Counter implemented beginning of January 2024,
helping with organization and in-person flow. All 46
recommendations in various stages.
ESD, PL, and PW: Continue to coordinate with CM office.
Creation of Community Development Department -
return to Council with Director Job Description,
Department Org Chart, and Business plan by
December 2024.
Effective & Efficient Government
Development Services
Software (Blue Beam and Land
Management System)
M&A/PL/ESD/PW J.Toney In Progress
ESD, PL, and PW: Continue to coordinate with CM office.
Departments have been updating the digital document
submittal software to replace the existing method.
Land Management System - negotiate contract with
vendor to acquire system and project prep by
December 2024.
Preservation of Malibu's Rural
Character
Permanent Skate Park
(Construction) CS/PW K.Riesgo In Progress
The Environmental Review Board analyzed the Final EIR
Addendum No.3 in October 2023. In November 2023,
the Planning Commission reviewed the final design,
certified Addendum No. 3 of the Final EIR, and approved Coastal Development Permit No. 23-001 to construct
the 12,500 square foot Skatepark and associated
development. In December 2023, a project appeal was
filed. In January 2024 Council approved California
Skateparks Addendum No. 3 to fund design and
engineering for the irrigation restroom facility. February 2024 Council reviewed the appeal and approved the
settlement agreement. The settlement agreement
included a 90-day appeal period which ended in June
2024. Staff worked with the skatepark designer,
California Skateparks, to finalize the park design
implementing the changes outlined in the settlement
agreement.
Project is anticiapted to send out for construction
bidding by January 2025. Construction will proceed
during the Spring of 2025.
3 5
Strategic Workplan FY 24-25
Core Focus Project Dept Team Lead(s) Project Status Summary Timeline (Deliverables Over Next 6 Months) Environmental Stewardship Coastal Vulnerability
Assessment
ESD Y.Bundy In Progress
Phase 1 of the Assessment project concluded on
November 16, 2023, with both in-person and virtual
public workshops presenting sea level rise scenarios for Malibu’s coast. A robust outreach campaign in OctoberNovember 2023 included over 3,000 postcards, 800 emails, 332 calls, meetings with stakeholders, and
various media efforts. The project has now entered
Phase 2, with follow-up meetings and beach site visits
during the King Tide for feedback. A second workshop is set for February 15, 2024, at City Hall to review findings, discuss survey results, and regulations. The project is on track to meet deadlines with continued outreach.
In person and virtual workshops were held (April 18
and 30) to summarize technical findings, present
survey results, discuss regulations, and understand
the community's desired direction. Currently, a 2nd
public survey is open to gather further community
input on this project. This will conclude the technical assessment and a date will be set for Council
presentation.
Environmental Stewardship Geotechnical and Coastal
Engineering Guidelines ESD Y.Bundy Near Completion
Staff continues to work with the City’s geotechnical
consulting firm to update the existing Geotechnical
Guidelines. Draft guidelines are under review internally.
Due to the continued effort to prioritize Woolsey Fire
rebuilds, including fire rebuild revisions that are under construction, and the expected increase of incoming
projects into the Building Division from the Planning
Department, ESD has implemented new deadlines for
this project.
Staff redirected priorities due to ongoing efforts of
landslides and departures of upper level
management staff. Staff is now expecting this to be
completed in the 1st quarter of 2025.
Effective & Efficient Government Information & Technology Strategic Plan Implementation All J.Toney In Progress
Council Awarded (October 23, 2023) the agreement to
SDI., to conduct the Assessment and Strategic Plan. Kickoff at beginning of December.
November 2023 - April 2024 consultant researched,
investigated, and interviewed to prepare a complete IT
strategic plan.
August 2024 - conducted a "Blue wall" session to
prioritize the projects over a 5 year timeline.
Adopt IS Strategic and Cybersecurity Plan by
December 2024.
Identified projects will be ongoing.
4 6
Strategic Workplan FY 24-25
Core Focus Project Dept Team Lead(s) Project Status Summary Timeline (Deliverables Over Next 6 Months) Preservation of Malibu's Rural
Character
Malibu Community Labor
Exchange Permanent Office M&A/PL/ESD/PW A.Brown In Progress Plans for the permanent Malibu Community Labor
Exchange (MCLE) office are over 90% complete. On
August 12, the City Council approved the Wastewater
Allocation Policy to enable utility services at the project site. The Environmental Sustainability Department (ESD) and Planning are ensuring that the office design
complies with the Local Coastal Program (LCP) and
handling necessary plan checks and permits.
Additionally, Santa Monica College and LA County have
completed the design for the undergrounding of
September - October 2024: Finalize the office
design, incorporating all programmatic needs and
ensuring compliance with the Local Coastal Program
(LCP):
November 2024: Submit Final Design and
Construction Package to CDBG for Review.
December 2024: Finalize construction documents
and prepare to issue the project for bid on
December 1, 2024.
January 2025: Award the construction contract
Effective & Efficient Government Civic Center Water Treatment Facility Phase 2 PW R.Duboux In Progress
PW: Staff met with the Regional Board to address how a
recent Cultural Resource discovery will impact the
project. The Regional Board agreed to modify Phase 2
boundaries to exclude affected properties. Staff is
working on these changes to keep the project moving.
ESD: Coordinating with PW and provided OWTS tracking
for Serra Retreat.
PLN: Coordinating with PW. An Addendum to the Final
EIR and a CDP hearing are needed.
8/30/24 (PW): City Council received an update on Phase
2, with plans to shift Serra Retreat to Phase 3 and move Malibu Road properties to Phase 2. The MOU is
expected to be updated by year-end.
The Regional Board has scheduled the amendment
to the MOU in November 2024. The City will
proceed with approving the MOU amendment by
Feburary 2025. The project's redesign will proceed
after the City approves the MOU amendment.
Public Safety PCH Signal Synchronization
Project
PW R.Duboux Near Completion
Project is proceeding per plan without any issues.
8/30/24 (PW) - The conduit from Topanga Canyon Road
to John Tyler is almost complete. The next phase of the project includes the installation of the new traffic signal poles and the signal controllers.
It is anticipated that the majority of the
infrastruction portion of the project will be
completed by the end of December 2024.
Public Safety
PCH Las Flores and Ramla
Pacifica Intersection
Improvements
PW R.Duboux Started
This project, identified on the 2015 PCH Safety Study,
will evaluate the existing intersections and construct
new intersection improvement intended to improve
safety.
A Request for Qualification for design services has
been issued. It is anticipated that the selection of
the design consultant and the approval of the design
agreement will be completed within the next 6
months.
5 7
Strategic Workplan FY 24-25
Core Focus Project Dept Team Lead(s) Project Status Summary Timeline (Deliverables Over Next 6 Months) Public Safety PCH Safety M&A/PW/PS A.Brown, S.Duenas,
R.Duboux In Progress
Speed Camera Implementation: The City has launched
an RFP to develop a Speed Safety System Use Policy and
Impact Report. Speed cameras will be installed at five
high-risk locations along PCH, with full implementation by November 2025.
Grant-Funded Operations: The City secured a $460,000
Office of Traffic Safety grant to fund four DUI
checkpoints, eight saturation patrols, and the "MalibuSurf.Sand.Slow" education campaign to promote safer driving habits.
PCH Median Improvements: Completed from John Tyler
Drive to Puerco Canyon Road to enhance safety.
Traffic Signal Synchronization: Fiber optic lines are
being installed, and additional safety features are being added to improve signal timing and reduce speeding.
Completion by year-end.
Intersection and Pedestrian Enhancements: Upcoming
safety projects include crosswalk and intersection
improvements at various locations on PCH.
October 2024
Issue RFP for Speed Safety System Use Policy and
Impact Report
Continue PCH Traffic Signal Synchronization project
November 2024
Select and contract consultants for the Speed Safety
System Use Policy and Impact Report
First DUI checkpoint and saturation patrol
December 2024
Consultants begin drafting Speed Safety Use Policy
and Impact Report
Continue PCH intersection and pedestrian safety
improvements
January 2025
Prepare for public review of the Speed Safety Use
Policy and Impact Report
Complete Traffic Signal Synchronization project
February 2025
Begin 30-day public review of Speed Safety Use
Policy and Impact Report
March 2025
Council adoption of the Speed Safety Use Policy and
Impact Report
Public Safety Permanent Impound Yard PS S.Duenas Started Establish a location for a year-round, day-use impound
site to facilitate towing vehicles that pose public safety hazards.
12/31/24 - Schedule agenda item for the City
Council to discuss options.
Preservation of Malibu's Rural
Character
Permanent Snack Shack -
Malibu Bluff's Park CS K.Riesgo Started
This project includes the construction of a new 2,000 - 2,200 SF pre-fabricated structure at Bluffs Park to
accommodate a new food/kitchen area, storage area
and restroom facilities.
Design contract will be sent to City Council in
November. A project kick off meeting and schedule
will be developed that includes a pre-fabricated
structure.
Fiscal Sustainability Fund Balance Reserve Policy M&A J.Toney Started Discuss options with A&F by December 2024. 6 8
Strategic Workplan FY 24-25
Core Focus Project Dept Team Lead(s) Project Status Summary Timeline (Deliverables Over Next 6 Months) Public Safety Public Safety Projects PS/PW S.Duenas, R.Duboux In Progress Automatic License Plate Reader (ALPR) Cameras: Staff
is working with Public Works to obtain encroachment
permits from CalTrans and install poles on PCH for the
cameras.KBUU Antenna: Staff is working with Public
Works to install a pole for the
KBUU Antenna. A design plan has been submitted to
Planning to determine next steps.
Sheriff's Substation: No update at this time. Staffing
shortages and the tower are still cited as obstacles.
ALPR cameras will be installed by November 2024
KBUU Antenna: It is anticipated that the project's
CDP will be approved. If this occurs within this time
period, staff will send this projet out for
construction bidding.
7 9
Agenda Item # 7.A.
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: October 18, 2024 Meeting date: November 12, 2024 Subject: Community Christmas Tree Lot Fee Waiver
RECOMMENDED ACTION: Consider whether to approve the request from the Malibu Education Foundation to waive the facility use fees for the Ioki Property for the Annual Community Christmas Tree Lot.
FISCAL IMPACT: Waiving the facility use fees will result in a loss of revenue of $70,568, for FY 2024-25 in Account Number 100-0000-3461-00 (Municipal Facility Use Fees) and 101-0000-3421-00 (Planning Review Fees). The Malibu Municipal Code allows six events at the Ioki Property per calendar year. These events generate revenue for the City, and waiving the associated fees limits potential revenue.
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: The Malibu High School Athletic Booster Club has historically coordinated the Community Christmas Tree Lot (Tree Lot). This year, the Malibu Education Foundation (Foundation) has taken over the Tree Lot operation and will use it as a fundraiser for all Malibu Public Schools. Representatives from the Foundation have prepared the permit application and paperwork associated with the Ioki Property rental and Temporary Use Permit (TUP). Rental dates include,
• Setup: Wednesday, November 20 to Thursday, November 28 • Event: Friday, November 29, to Sunday, December 15
• Breakdown: Monday, December 16 to Sunday, December 22 City Council Meeting
11-12-24
Item
7.A.
1
Agenda Item # 7.A.
Staff analyzed and adjusted the fees associated with the Tree Lot rental to reflect 24- hour use. Previous billing varied from eight to twelve hours based on set-up, tear-down, and event hours. The tree lot occupies the property all day and night, which restricts the City and other organizations from using it during that time.
The Foundation has requested a 100% fee waiver of the facility rental, allowing them to utilize a significant portion of the funds raised to help support school staffing and programs. The fees associated with the rental include:
Type Non-Profit Rate
Facility Use $70,026
Application Fee $200
TUP Fee $342
Total $70,568
The Foundation is currently in the process of receiving its non-profit status and has submitted documents regarding its filing status and Articles of Incorporation (Attachment).
In 2023, Council approved a $37,914 fee waiver request from the High School Booster Club to operate the Tree Lot on the Ioki Property.
A TUP is required for the Tree Lot, and the Foundation has agreed to abide by the requirements.
ATTACHMENTS: Malibu Education Foundation Non-Profit Filing and Articles of Incorporation
2 3 ATTACHMENT 1
ATTACHMENT 1 4
ATTACHMENT 1 5
ATTACHMENT 1 6
ATTACHMENT 1 7
ATTACHMENT 1 8
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Trevor Rusin, Interim City Attorney
Date prepared: October 30, 2024 Meeting date: November 12, 2023 Subject: Amendment No. 2 to the Employment Agreement for City Manager Services between the City of Malibu and Steven L. McClary RECOMMENDED ACTION: Approve Amendment No. 2 to the June 13, 2022, City Manager Employment Agreement.
FISCAL IMPACT: No additional appropriation is required. Funding for this Amendment to the Employment Agreement for the City Manager position is included in the Adopted Budget for FY 2024-25 in Account No. 100-7003-4101 (City Manager – Full-Time Salaries).
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: The City Manager’s contract (Employment Agreement), which was originally entered into on June 13, 2022 (but effective as of May 15, 2022), calls for an annual evaluation and review of the City Manager’s salary. The City Manager does not automatically receive the COLA adjustment that other City employees receive. After conducting the City Manager’s review, the City Council directed the City Attorney bring forward an amendment to the Employment Agreement to provide him with the same 3.4% COLA approved by the City Council for City employees.
Attached is a proposed Amendment No. 2 to the Employment Agreement. The attached amendment would retain all the terms and conditions of the current Employment Agreement, except that it would increase the City Manager’s salary from $260,000 to $268,840, reflecting a
3.4% raise. The amendment would be effective as of May 15, 2024 (two years from the effective date of his contract)
ANALYSIS:
The Proposed Amendment to the City Manager Agreement
City Council Meeting
11-12-24
Item
7.B.
1
Pursuant to the 2022 Employment Agreement, Mr. McClary began serving as the City Manager on May 15, 2022. The agreement is for a four-year term ending on May 14, 2026. It does not include annual raises, but does call for an annual review at which time his compensation is to be considered. Mr. McClary has agreed to an amendment to his contract that will raise his salary by the same 3.4% raise that was provided to Malibu full-time employees.
Compensation of City Managers in the Area
The terms and conditions of the proposed Amendment are generally comparable, and on the lower end, of those offered for other city manager positions within the region. Below is a list of base salaries for city managers from the benchmark cities included in the recent Classification and Compensation study:
City City Manager
Base Salary
City of Hidden Hills $240,000
City of Calabasas $252,000
City of Redondo Beach $266,149
City of Agoura Hills $289,591
City of Westlake $307,000
City of Manhattan Beach $308,165
City of Laguna Beach $315,000
City of Thousand Oaks $321,538
City of West Hollywood $324,527
City of Camarillo $324,593
City of Culver City $332,855
City of Beverly Hills $366,221
During the past year Mr. McClary has worked diligently to advance a number of City priorities including new public safety measures on PCH (with the securing of the return of California Highway Patrol officers to Malibu and the work resulting in the passage of new state legislation allowing speed cameras to be installed in Malibu), completing the community lands survey and related community outreach, bringing forward a balanced budget for the City which increased the City’s estimated General Fund reserves to $97.7 million ($73.4 million Undesignated), working with the City Attorney’s office and the Council to advance the City’s efforts to form a separate school district in Malibu, adopting a new format Strategic Work Plan re-focusing the City’s top 20 priorities, and having the City awarded the City Building Department of the Year award by the California Association of Building Officials. The proposed amendment reflects this work, and the current market for City Manager services.
ATTACHMENTS:
1) Amendment No. 2 to Employment Agreement
2) Amendment No. 1 to Employment Agreement
3) Employment Agreement dated June 13, 2022
2 Amendment No. 2
Steven L. McClary Employment Agreement
AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT
THIS AMENDMENT NO. 2 (this “Amendment”) to the June 13, 2022, City Manager Employment Agreement, is made and entered into as of the ___ day of November, 2024, by and between the CITY OF MALIBU, a Municipal Corporation (hereinafter the “City”) and STEVEN L. McCLARY (hereinafter “Employee”).
R E C I T A L S
A. The City employs Employee in the position of City Manager pursuant to the terms of the June 13, 2022 (effective May 15, 2022), City Manager Employment Agreement between the parties, as amended by the First Amendment to the agreement dated July 20, 2023 (together, the “Agreement”).
B. The parties now desire to amend certain benefits of the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained and in the Agreement amended hereby, the parties agree as follows:
1. Subsection A (Salary) of Section 5 (Compensation) of the Agreement is amended to read in its entirety as follows:
“Salary. City agrees to pay Employee for the services
required by this Agreement a monthly base annual salary of Two Hundred Sixty Eight Thousand Eight Hundred Forty
Dollars ($268,840.00), payable in installments at the same time as other employees of the City are paid.”
2. This Amendment is effective, and shall apply, as of May 15, 2024.
3. All other terms of the Agreement remain unchanged.
IN WITNESS WHEREOF the parties execute this Amendment as of the day and year first above written.
CITY OF MALIBU EMPLOYEE,
an individual.
__________________________ __________________________
Doug Stewart, Mayor Steven L. McClary
Attachment 1
3 Amendment No. 2
Steven L. McClary Employment Agreement
ATTEST:
_________________________
Kelsey Pettijohn, City Clerk
APPROVED AS TO FORM:
____________________________
Trevor Rusin, City Attorney
4 Amendment No. 1
Steven L. McClary Employment Agreement
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT
THIS AMENDMENT NO. 1 (this “Amendment”) to the June 13, 2022, City Manager Employment Agreement, is made and entered into as of the 10th day of July, 2023, by and between the CITY OF MALIBU, a Municipal Corporation (hereinafter the “City”) and STEVEN L. McCLARY (hereinafter “Employee”).
R E C I T A L S
A. The City employs Employee in the position of City Manager pursuant to the terms of the June 13, 2022 (effective May 15, 2022), City Manager Employment Agreement between the parties (the “Agreement”).
B. The parties now desire to amend certain benefits of the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained and in the Agreement amended hereby, the parties agree as follows:
1. Subsection A (Salary) of Section 5 (Compensation) of the Agreement is amended to read in its entirety as follows:
“Salary. City agrees to pay Employee for the services
required by this Agreement a monthly base annual salary of Two Hundred Sixty Thousand Dollars ($260,000.00), payable in installments at the same time as other employees of the City are paid.”
2. Subsection E (Car Allowance) of Section 5 (Compensation) of the Agreement is amended to read in its entirety as follows:
“Car Allowance. City agrees to pay Employee a monthly car allowance of Six Hundred Twenty-Five Dollars ($625.00) per month. The car allowance is intended to reimburse Employee for the use of his private vehicle for City business. Employee must provide his own automobile for his use in performing his duties and is responsible for all maintenance, repair, fuel, and insurance expenses for said vehicle.”
3. This Amendment is effective, and shall apply, as of May 15, 2023.
4. All other terms of the Agreement remain unchanged.
IN WITNESS WHEREOF the parties execute this Amendment as of the day and year first above written.
DocuSign Envelope ID: 19259CF5-6AE2-4715-853B-E0773B8D342C Attachment 2
5 Amendment No. 1
Steven L. McClary Employment Agreement
CITY OF MALIBU CITY MANAGER
__________________________ __________________________
Bruce Silverstein, Mayor Steven L. McClary
ATTEST:
_________________________
Kelsey Pettijohn, City Clerk
APPROVED AS TO FORM:
____________________________
Trevor Rusin, Interim City Attorney
DocuSign Envelope ID: 19259CF5-6AE2-4715-853B-E0773B8D342C 6 65273.00001\40113212.1
CITY MANAGER EMPLOYMENT AGREEMENT
This CITY MANAGER EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into as of this 13th day of June, 2022, by and between the CITY OF MALIBU, a California general law city and municipal corporation (hereinafter “City”), and STEVEN L.
McCLARY, an individual (hereinafter “Employee”).
RECITALS
A. It is the desire of the City Council of the City of Malibu (hereinafter the “City Council”) to employ an individual to serve in the position of City Manager, which position is prescribed by state law and the Malibu Municipal Code;
B. Based on Employee’s level of education, experience, skills and expertise to serve as the City Manager of the City, the City Council desires to employ Employee to serve as the City Manager for the City;
C. Employee desires to perform and assume responsibility for the provision of City Manager services to the City;
D. The Parties wish by this Agreement to establish the terms and conditions of Employee’s employment;
E. In doing so, the City Council desires to:
(1) Encourage the highest standards of fidelity and public service on the part of Employee;
(2) Secure and retain the services of Employee and to provide inducement for him to remain in such employment;
(3) Make possible full work productivity and independence by assuring Employee’s morale and peace of mind with respect to future security; and (4) Provide a just means for terminating Employee’s employment at such time as the City may so desire.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants hereinafter contained the parties agree as follows:
1. Appointment/Duties. Effective May 15, 2022, City appoints and employs Employee as City Manager for the City of Malibu. Employee accepts employment as City Manager to perform the functions and duties specified in the Malibu Municipal Code and the Government Code of the State of California, and to perform such other legally permissible and proper duties and functions as the City Council may assign during the term of this Agreement. The City reserves the right to amend Malibu Municipal Code Chapter 2.12, including §2.12.070 which defines City Manager functions and duties, as it deems necessary and appropriate without requiring Employee’s acquiescence or requiring an amendment of this Agreement. Employee DocuSign Envelope ID: 5138052C-895A-4159-87AA-0B1C62D38126 Attachment 3
7 65273.00001\40113212.1
agrees to perform all such functions and duties to the best of his ability and in an efficient, competent, and ethical manner. Employee shall not consult or engage in other non-City connected business or employment without the prior knowledge and express written approval of the City Council.
2. Term. This Agreement is effective upon execution. The term of the contract shall be defined as commencing May 15, 2022 and shall continue to May 14, 2026, unless terminated by either party as provided in Section 3 herein.
3. Termination and Resignation.
A. Employee serves at the pleasure of the City Council and is an at-will employee.
Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate, by a majority vote of the City Council, the services of Employee without cause, at any time, subject only to the City providing written notice to Employee and complying with paragraph 3.D, below. City’s obligation to make contributions to Employee’s retirement plan and pay any other benefit the City provides to Employee shall cease upon termination of the employer-employee relationship. Employee expressly waives any rights provided under the City’s personnel rules, the Malibu Municipal Code, or under other local, state or federal law to any other form of pre- or post-termination hearing, appeal, or other administrative process pertaining to termination.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position with City, subject only to Employee providing 45 days prior written notice to the City. Employee’s resignation shall be deemed accepted upon delivery of a written resignation to the Mayor, or if the Mayor is unavailable, the Mayor Pro Tem.
C. Notwithstanding the provisions of Paragraph A of this Section 3, in the event Employee is terminated by City for “cause,” then City may terminate this Agreement immediately and Employee shall be entitled to only the compensation accrued up to the date of termination. As used in this section, “cause” includes any of the following:
(1) Conviction of, or plea of guilty or nolo contendre to, any crime or offense (other than minor traffic violations or similar offenses) which is likely to have a material adverse impact on the City or on the Employee’s reputation; (2) Proven failure of the Employee to observe or perform any of his duties and obligations, if that failure continues for a period of thirty (30) business days from the date of his receipt of notice from the City Council specifying the acts or omissions deemed to amount to that failure;
(3) Conviction of any crime involving an “abuse of office or position,” as that term is defined in Government Code Section 53243.4;
(4) Repeated failure to carry out a directive or directives of the City Council made by the City Council as a body at a Brown Act-compliant meeting; and DocuSign Envelope ID: 5138052C-895A-4159-87AA-0B1C62D38126 8 65273.00001\40113212.1
(5) Any grossly negligent action or inaction by Employee that materially and adversely: (a) impedes or disrupts the operations of City or its organizational units; (b) is detrimental to employees or public safety; or (c) violates City’s properly-established rules or procedures.
D. In the event Employee is terminated by the City Council at any time that Employee is still willing and able to perform the duties of City Manager, and the termination is without cause as “cause” is defined in Paragraph C above, then, subject to the limitations set forth in Government Code Section 53260, and within 10 days of delivery to the City of an executed Separation Agreement and release of all claims in a form acceptable to the City, the City shall pay Employee a lump sum cash payment equal to six month’s salary. (1) The word “termination” in this paragraph shall include a reduction in salary (other than an across-the-board reduction applicable to all senior level employees) or other financial benefits of Employee or Employee’s resignation, if preceded by a formal request by a majority of the City Council that he resign. The word “termination” does not include the City’s election not to extend the term of this Agreement.
E. Employee shall not be removed from office during or within a period of ninety days following any general municipal election at which a member of the City Council is elected.
4. Revolving Door. Employee shall comply with Government Code §87406.3 for a period of one year after separating from service with City. This section will survive termination of this Agreement.
5. Compensation.
A. Salary. City agrees to pay Employee for the services required by this Agreement a monthly base annual salary of Two Hundred Thirty Five Thousand Dollars ($235,000.00) payable in installments at the same time as other employees of the City are paid.
B. Annual Performance and Discretionary Salary Review. Employee’s base salary will be reviewed annually by the City Council following his performance evaluation. In recognition of excellent performance and based on merit, the City Council may increase Employee’s base salary in its sole discretion. Salary increases during the term of this Agreement shall not take effect until memorialized in a written amendment to this Agreement. Employee shall not be entitled to any other salary adjustments, including, but not limited to, general cost of living adjustments that may be given to other city employees.
C. Deferred Compensation. During the term of this Agreement, City shall contribute to a Qualified 401A Deferred Compensation Plan 6% of the Employee’s base salary, deposited in equal installments and only during the term of this Agreement and Employee’s employment as City Manager. This is separate from and not part of the Employee’s salary. Employee will be eligible to contribute to a Qualified 457 Plan offered by the City to other employees; however, the City will not contribute a matching amount.
DocuSign Envelope ID: 5138052C-895A-4159-87AA-0B1C62D38126 9 65273.00001\40113212.1
D. Technology. City will provide for Employee’s use during the term of this Agreement a cellular phone to be used primarily for City-related business. City will also provide for Employee’s use a "laptop" or “tablet” computer.
E. Car Allowance. City agrees to pay Employee a monthly car allowance of Four Hundred Dollars ($400.00) per month. The car allowance is intended to reimburse Employee for the use of his private vehicle for City business. Employee must provide his own automobile for his use in performing his duties and is responsible for all maintenance, repair, fuel and insurance expenses for said vehicle.
F. Relocation Costs. The City shall reimburse Employee up to Twenty Five Thousand Dollars ($25,000.00) for moving and other relocation expenses, including necessary travel for relocation purposes and temporary housing assistance, if Employee relocates to within a twelve mile radius or a thirty (30) minute drive of Malibu City Hall, located at 23825 Stuart Ranch Road.
G. Hours of Work. Employee shall generally work at City Hall when City Hall is open for business as determined by the City Council. At this time, the City of Malibu offers a 9/80 alternative work schedule; however, the City Council reserves the right in its discretion to modify the 9/80 work schedule. Nothing in this Agreement entitles Employee to a different work schedule such as a four-day work week. In addition, Employee’s duties may involve expenditures of time in excess of 40 hours per week and will also include time outside normal office hours such as attendance at City Council and other meetings. Employee shall be exempt from paid overtime compensation and from Fair Labor Standard Act work hours restrictions and may modify his schedule within reason to adjust for attendance at meetings at night and during other times outside of ordinary business hours.
6. Retirement and Insurance Benefits.
A. Retirement. Employee is entitled to membership in the Public Employees Retirement System in accordance with the terms of the City’s contract with PERS and, subject to PERS confirmation, Employee’s PERS plan formula is 2% at 62. Employee must contribute and bear the full cost of the Employee’s portion of PERS membership, which is currently at least 7.25%.
B. Medical Insurance. City shall pay the monthly premiums for full medical (up to the PERS Platinum health plan level), as well as full dental and vision insurance for Employee and his dependents.
C. Life Insurance. City shall pay the premium for a term life insurance policy with coverage not more than $400,000.
D. Disability Insurance. City shall provide short and long term disability insurance for Employee’s benefit.
E. All other insurance at Employee’s expense. At his sole expense, Employee may elect to participate in other insurance benefits offered by the City. Employee expressly agrees that the City shall not be responsible for the cost of any such insurance or benefits with the exception of DocuSign Envelope ID: 5138052C-895A-4159-87AA-0B1C62D38126 10 65273.00001\40113212.1
insurance mandated by State law. Employee understands that the City does not offer and, in any event, by this Agreement, he is not entitled to cash in lieu of insurance benefits.
7. Sick Leave, Vacation, Administrative Leave, and Holidays.
A. Sick Leave. Employee shall earn ninety-six (96) hours of sick leave per fiscal year, with forty (40) hours available upon execution of this Agreement. Employee may accumulate a maximum of four hundred eighty (480) hours of sick leave. Sick leave shall be used only in case of sickness or disability of Employee or a member of his immediate family. In the event of termination or resignation from employment, Employee shall be entitled to compensation for 50% of accumulated and unused sick leave, up to the maximum set forth above.
B. Vacation. Employee shall be entitled to earn vacation leave at the rate of 6.15385 hours per pay period (consistent with the accrued rate for an employee with ten (10) years of service) with eighty (80) hours available upon execution of this Agreement. Employee may accumulate vacation days up to a maximum of four hundred eighty (480) hours. In the event of termination or resignation, Employee shall be entitled to compensation for 100% of accumulated and unused vacation days up to the maximum set forth above.
C. Administrative Leave. Employee shall be provided fifty four (54) hours of Administrative leave each fiscal year. Employee may accumulate administrative leave hours up to a maximum of ninety (90) hours. In the event of termination or resignation, Employee shall be entitled to compensation for 100% of accumulated and unused administrative leave hours up to the maximum set forth above.
D. Holidays. Employee shall be entitled to the same paid holidays as provided to other City employees and authorized by the Municipal Code.
8. Professional Memberships. City agrees to pay Employee's membership dues in the International City/County Manager’s Association and the California City Management Association. Employee shall have a reasonable right to attend meetings of such organizations.
9. General Expenses. City recognizes that certain expenses of a nonpersonal and job affiliated nature may be incurred by Employee. City agrees to reimburse Employee for reasonable expenses that are submitted within 30 days for approval and that are supported by expense receipts, statements or personal affidavits, and an audit thereof in like manner as other demands against the City.
10. Evaluation of Performance. On or about the one year anniversary of the commencement of this Agreement, and annually thereafter, the City Council will review and provide Employee with an evaluation of his performance. Notwithstanding the foregoing, the City Council may evaluate Employee and provide him with a written evaluation at any time.
11. Other Terms and Conditions of Employment. The City Council may from time to time fix other terms and conditions of employment relating to the performance of Employee provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Municipal Code, or other applicable law.
DocuSign Envelope ID: 5138052C-895A-4159-87AA-0B1C62D38126 11 65273.00001\40113212.1
12. Assembly Bill 1344 Compliance. To the extent City provides: (i) paid leave to Employee pending an investigation; (ii) funds for the legal criminal defense of the Employee; or (iii) a cash settlement to Employee related to the termination of the Employee pursuant to Paragraph 3 of this Agreement and Government Code Section 53243 et seq., Employee shall fully reimburse the City for any and all amounts paid by the City which fall within subsections (i) through (iii) of this section in the event that the Employee is convicted of a crime involving the abuse of his office or position.
13. General Provisions.
A. The text herein shall constitute the entire agreement between the parties.
B. If Employee dies or becomes incapacitated during the term of this Agreement, any accrued and unpaid wages provided by the terms of this Agreement shall be paid by City to Employee’s spouse.
C. If any provision or portion hereof contained in this Agreement is held to be unconstitutional, invalid or unenforceable the remainder of this Agreement or portion thereof shall be deemed severable and shall not be affected and shall remain in full force and effect provided that the principal purposes of the Agreement are not thereby frustrated.
D. City shall bear the cost of any fidelity or other bonds required of Employee under any law or ordinance.
E. This Agreement may be changed or amended by the mutual written consent of City and Employee.
F. Employee is expected to conform to the ICMA Code of Ethics and must comply with all applicable provisions of the City’s conflict of interest code.
G. In the event of a dispute in the interpretation or application of the provisions of this Agreement, the parties agree to consider utilization of alternative dispute resolution prior to initiating litigation.
IN WITNESS WHEREOF the parties have executed this Agreement as of the day and year first above written.
CITY OF MALIBU, STEVEN L. MCCLARY,
a general law city. an individual.
_____________________________ _____________________________ Paul Grisanti, Mayor Steven L. McClary
DocuSign Envelope ID: 5138052C-895A-4159-87AA-0B1C62D38126 12 65273.00001\40113212.1
ATTEST:
_____________________________
Kelsey Pettijohn
APPROVED AS TO FORM:
_____________________________
John C. Cotti, Interim City Attorney
DocuSign Envelope ID: 5138052C-895A-4159-87AA-0B1C62D38126 13
Agenda Item # 8.A.
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: October 25, 2024 Meeting date: November 12, 2024 Subject: Proposed 2025 Calendar of City Council Meetings RECOMMENDED ACTION: Approve the proposed 2025 Calendar of City Council meetings.
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 the proposed 2025 Calendar of City Council Meetings for Council consideration and adoption.
Conflicts with Malibu Municipal Code-defined holidays and Rosh Hashanah and Yom Kippur have been considered in the proposed calendar. Staff recommends adjourning the second meeting in September to the fifth Monday of the month to avoid a conflict with Rosh Hashanah, which begins at sunset on Monday, September 22, 2025 and ends at sunset on Wednesday, September 24, 2025.
ATTACHMENTS: Proposed 2025 Calendar of City Council Meetings City Council Meeting
11-12-24
Item
8.A.
2025 Calendar of City Council Meetings
JANUARY
Monday, January 13, 2025 Regular Meeting
Monday, January 27, 2025 Regular Meeting
FEBRUARY
Monday, February 10, 20251
Regular Meeting
Monday, February 24, 2025 Regular Meeting
MARCH
Monday, March 10, 2025 Regular Meeting
Wednesday, March 19, 20252 Special Meeting
Monday, March 24, 2025 Regular Meeting
APRIL
Monday, April 14, 2025 Regular Meeting
Wednesday, April 23, 20253 Special Meeting
Monday, April 28, 20254
Regular Meeting
MAY
Monday, May 12, 2025 Regular Meeting
Tuesday, May 27, 2025** Regular Meeting
JUNE
Monday, June 9, 2025 Regular Meeting
Monday, June 23, 2025 Regular Meeting
JULY
Monday, July 14, 2025 Regular Meeting
Monday, July 28, 2025* Cancelled
AUGUST
Monday, August 11, 2025 Regular Meeting
Monday, August 25, 2025 Regular Meeting
SEPTEMBER
Monday, September 8, 2025 Regular Meeting
Wednesday, September 17, 20255 Special Meeting
Monday, September 29, 2025** Adjourned Meeting
OCTOBER
Monday, October 13, 2025 Regular Meeting
Monday, October 27, 2025 Regular Meeting
NOVEMBER
Monday, November 10, 2025 Regular Meeting
Monday, November 24, 2025 Regular Meeting
DECEMBER
Monday, December 8, 2025 Regular Meeting
Monday, December 22, 2025* Cancelled
1 Mid-year Budget Review 2 Strategic Priority Meeting
3 Budget Workshop
4 City Council Reorganization Meeting 5 Strategic Priority Meeting *Traditional Dark Meeting
**Schedule Modified Due to Holiday
Attachment 1