Malibu City Council
January 13, 2025

Agenda Item # 1.B.6.

To: Mayor Stewart and the Honorable Members of the City Council From: Ruth F. Quinto, CPA, City Treasurer
Subject: Investment Report for the Month Ending November 30, 2024 RECOMMENDED ACTION: Receive the Investment Report for the month ending November 30, 2024.

The portfolio is in compliance with the City’s Investment Policy. The City has sufficient liquidity to meet expenditure requirements for at least six months. This monthly Investment Report is in conformance with Government Code 53636, stating the Treasurer may render a quarterly report to the legislative body within 45 days following the end of the quarter covered by the report.

The City’s portfolio is invested in the following categories:

Cash and Cash Equivalents 12.80%
U.S. Treasury 79.44%
U.S. Agencies 0.00%
Certificates of Deposit 7.76%
Investments month to month:

Investment
Issuer/Instrument Type
October 31, 2024 November 30, 2024
Amount
(in millions) Yield(A) %
Amount
(in millions) Yield(A) %
Operating Cash Cash $6.37 4.25% 6.24% $4.99 4.04% 5.10% LAIF Cash $2.24 4.51% 2.20% $2.24 4.45% 2.29%
CDs Investment $7.86 4.26% 7.71% $7.59 4.23% 7.76%
Treasury Bills Investment $0.00 0.00% 0.00% $0.00 0.00% 0.00% Treasury Notes Investment $65.35 4.26% 64.05% $68.43 4.25% 69.97% Treasury STRIPS Investment $9.24 4.02% 9.05% $9.26 4.02% 9.47% Money Market Cash $10.97 4.99% 10.75% $5.28 4.87% 5.40% Total/Blended Yield $102.03 4.32% $97.80 4.25%
Total Duration(Years) 1.23 1.32
(A)Yield is based on Purchase Yield for Treasury Bills
2-Year U.S. Treasury Note Benchmark, as of November 30, 2024: 4.13% The fair market value of all investments held by the City is $97,803,902 as of November 30, 2024.

ATTACHMENTS:

1. City of Malibu Investment Statement

2. City of Malibu Portfolio Analysis Statement
City Council Meeting
1-13-25
Item

1.B.6.
1 SNAPSHOT
Current period ending November 30, 2024
ACCOUNT NAME: CITY OF MALIBU

RUTH QUINTO
ACCOUNT NUMBER:

Your Financial Advisor:

WILLIAM GOMBERG 701 S PARKER STREET
Phone: 714-497-1366 SUITE 2500
ORANGE, CA 92868
If you have more than one account with us, why not link them and receive summary information for your entire household? Contact Your Financial Advisor for more details.

CITY OF MALIBU Message from Our Firm
RUTH QUINTO MAKE A GREATER IMPACT BY DONATING STRATEGICALLY. BEFORE YOU DONATE, LEARN 23825 STUART RANCH ROAD WHY AND HOW GIVING IN A TARGETED WAY COULD ENHANCE YOUR IMPACT. LEARN MORE AT WELLSFARGOADVISORS.COM/GIVING. MALIBU CA 90265-4861
News

SHOULD YOU NEED ADDITIONAL DETAILS ABOUT A SPECIFIC TRANSACTION REFLECTED ON

YOUR STATEMENT, THE INFORMATION IS AVAILABLE ONLINE OR BY CONTACTING THE CLIENT SERVICE NUMBER ON YOUR STATEMENT.

Investment and Insurance Products are: Investment products and services are offered through Wells Fargo Advisors Financial Network, LLC (WFAFN), a registered broker-dealer and non-bank affiliate of Wells Fargo • Not Insured by the FDIC or Any Federal Government Agency & Company. WFAFN uses the trade name Wells Fargo Advisors. Any other referenced • Not a Deposit or Other Obligation of, or Guaranteed by, the Bank or Any Bank entity is a separate entity from WFAFN. Account(s) carried by Wells Fargo Clearing Affiliate Services, LLC, Member SIPC.
• Subject to Investment Risks, Including Possible Loss of the Principal Amount Invested

SNAPSHOT
RSNIP-03012025-5924926.1.1 Attachment 1 072 ANCA ANC9
2 General About your rights and responsibilities instructions and disclosures Questions and complaints about Your Account: This account statement contains important information About this statement about your brokerage account, including recent transactions. All account statements sent to you shall be deemed Clearing services: Wells Fargo Clearing Services, LLC (WFCS), an indirect wholly owned subsidiary of Wells complete and accurate if not objected to in writing within ten days of receipt. We encourage you to review the details Fargo & Company, is a clearing broker-dealer registered with the Securities and Exchange Commission (SEC) and in this statement. If you do not understand any of the information in your statement or if you believe there are any the Municipal Securities Rulemaking Board (MSRB) and is a member of the New York Stock Exchange (NYSE), the inaccuracies or discrepancies in your statement, you should promptly report them to both WFCS and to the manager Financial Industry Regulatory Authority (FINRA) and all principal U.S. exchanges. WFCS carries your account(s) and of the Wells Fargo Advisors Financial Network office listed on the front of your statement. To further protect your acts as your custodian for funds and securities deposited with us directly by you, through our affiliated broker-dealer, rights, including any rights under the Securities Investor Protection Act, any verbal communications with either your Wells Fargo Advisors Financial Network, LLC (Wells Fargo Advisors) or as a result of transactions WFCS processes Wells Fargo Advisors Financial Network office or with WFCS should be re-confirmed in writing. Inquiries or for your account. Twice a year, WFCS publishes on its web site www.wfclearing.com a statement of the firm's complaints about your account statement, including the positions and balances in your account, may be directed to financial condition. A financial statement of this organization is available for your personal inspection at its offices, or Wells Fargo Advisors Client Services at (866) 258-4606 or ATTN: H0005-087, 1 N. Jefferson Ave, St. Louis, MO a copy of it will be mailed upon your written request. Unless and until we receive written notice from you to the 63103. contrary, WFCS may, without inquiry or inves igation, accept from Wells Fargo Advisors (i) orders for the purchase or Public disclosure: You may reach FINRA by calling the FINRA BrokerCheck Hotline at (800) 289-9999 or by visiting sale of securities for your account on margin or otherwise, and (ii) any other instructions concerning your account. the FINRA website at www.finra.org. An investor brochure that includes information describing FINRA BrokerCheck Trade date statement and trade details: All activity and positions on this statement are shown as of the date a is available from FINRA upon request. A brochure describing the FINRA Pricing of Securities Regula ion Public trade is entered on the brokerage trading system (i.e., the trade date). Proceeds from the sale of securities and costs Disclosure Program is also available from the FINRA upon request. for the purchase of securities are not transacted through your account until the actual settlement date of the trade. MSRB disclosure: A brochure describing the protections available under MSRB rules and how to file a complaint is The time of the transactions, the name of the buyer or seller, and the source and amount of any commission or fee available at www.MSRB.org. will be furnished upon written request.

Account protection: WFCS is a member of the Securities Investor Protection Corporation (SIPC) which protects Pricing of securities: Securities prices on your statement may vary from actual liquidation value. Prices are against the loss of cash and securities held in client accounts of a SIPC member firm in the event of the member's provided by outside quotation services which we believe are reliable but due to the nature of market data the accuracy insolvency and liquidation. SIPC coverage is limited to $500,000 per customer, including up to $250,000 for cash. For cannot be guaranteed. In the absence of such pricing, prices are estimated by WFCS using available information and more information on SIPC coverage, please see the explanatory brochure at www.sipc.org or contact SIPC at (202) its judgment. Such estimates may not reflect actual trades and do not reflect a commitment by the firm to buy or sell 371-8300. In addition, WFCS maintains additional insurance coverage provided through London Underwriters (led by at those prices. Securities listed on a national exchange are priced as of the close of the statement period. Unlisted Lloyd's of London Syndicates). This additional insurance policy becomes available to clients if their SIPC limit is shares may be valued at the current best published "bid-price", and, if none exists, the last reported transaction if exhausted and provides additional protection up to a firm aggregate of $1 billion, including up to $1.9 million for cash occurring within the last 45 days. Prices of securities not actively traded may not be available and are indicated by per client. SIPC does not insure the quality of investments or protect against market losses. SIPC only protects the "N/A." Corporate and municipal bonds and other fixed income securities are priced by a computerized pricing service custody function of their members, which means that SIPC works to restore to clients their securities and cash that or, if less actively traded, by utilizing a yield-based matrix system to arrive at an estimated market value. Listed are in their accounts when the member firm liquidation begins. Not all investments are protected by SIPC. In general, options are priced based on the closing "bid-ask" prices and the last reported trade. Mutual fund shares are priced at SIPC does not cover instruments such as unregistered investment contracts, unregistered limited partnerships, fixed net asset value. Shares of direct participation program (DPP) and real estate investment trust (REIT) securities that annuity contracts, escrow receipts, direct investments, currency, commodities or related contracts, hedge funds and are not listed on a national exchange are generally illiquid. Because no trading market exists for these investments, certain other investments. their values are estimated. Unless otherwise indicated, the values shown for DPP and REIT securities have been provided by the management of each program and represent that management's estimate of the investor's interest in Free credit balances: Free credit balances are not segregated and may be used by WFCS in the operation of its the net assets of the program. See statement sections for additional pricing information. Values for hedge funds and business in accordance with applicable laws and regulations. You have the right to receive from us in the course of certain managed futures funds are provided on a month delay basis. Other managed futures funds may be priced normal business operations, subject to any open commitments in any of your accounts, any free credit balances to more frequently. Long-term certificates of deposit (maturity beyond one year from date of issue) are priced using a which you are entitled. market value pricing model. The sale or redemption price of your securities may be higher or lower than the prices Investment objectives/Risk tolerances: Please inform us promptly of any material change that might affect shown on your statement. For an actual quote, contact the individual servicing your account. your investment objectives, risk tolerances or financial situation, or if you wish to impose or change any reasonable Estimated annual income/yield: Estimated Annual Income (EAI), when available, reflects the estimated amount restrictions on the management of your account. A copy of the Investment Advisory Services Disclosure document is you would earn on a security if your current position and its related income remained constant for a year. Estimated available without charge upon request. Please contact the individual denoted on the front of your statement to update Annual Yield (EAY), when available, reflects the current estimated annual income divided by the current value of the your information and to receive a copy of this document. security as of the statement closing date. EAI and EAY are estimates and the actual income and yield might be lower Option accounts: Pursuant to FINRA Rule 2360, option assignment notices are randomly allocated by an or higher than the estimated amounts. EAY reflects only the income generated by an investment. It does not reflect automated process amongst all client short option positions that are subject to exercise, including posi ions changes in its price, which may fluctuate. The information used to derive these estimates is obtained from various established on the day of assignment. Transaction confirmations that were previously furnished to you provides outside vendors; WFCS and Wells Fargo Advisors Financial Network, LLC are not responsible for incorrect or information on commissions and other charges related to your option transaction executions. Details of our random missing estimated annual income and yields. Past performance is not a guarantee of future results. allocation procedures and copies of transaction confirmations are available upon request.

Income summary: The Income summary displays all income as recorded in the tax system as of period end date.

The totals in the Cash flow snapshot may not match the totals in the Income snapshot due to reclassifications or other corrections made in the tax system. Remember, you may have certain products that are not included in these figures and whose income is only available on the tax forms sent to you at year-end. Reclassifications and other tax reporting requirements may alter these numbers both during and after year end. You should rely only on tax reporting documents. Contact your tax advisor if you have any questions about the tax consequences of your brokerage activity.

Texas designation: If you are a resident of Texas who has purchased mutual fund shares, you may designate a representative to receive notification to assist in avoiding escheatment of assets in your investment account to the State of Texas. The designated representative does not have any rights to your account. Please use the Texas Unclaimed Property link (https://claimittexas.org/) to access the Designation of Representative for Notice Request form which you may complete and return to us at ATTN: H0006-08K, 1 N. Jefferson Ave, St. Louis, MO 63103 or return by email at [email protected].

Tax reporting: We are required by federal law to report annually to you and to the Internal Revenue Service (IRS) on Form(s) 1099 interest income, dividend payments and sales proceeds including cost basis information for applicable transactions credited to your account.
3 4
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CITY OF MALIBU

RUTH QUINTO
NOVEMBER 1, 2024 - NOVEMBER 30, 2024
ACCOUNT NUMBER:

Cash flow summary THIS PERIOD THIS YEAR
Opening value of cash and sweep balances $41,153.33
Income and distributions 51,149.65 2,629,425.34
Securities sold and redeemed 6,198,812.63 45,575,595.75 Net additions to cash $6,249,962.28 $48,205,021.09
Securities purchased -3,278,798.29 -45,482,113.36
Electronic funds transfers -3,000,000.00 -3,000,000.00
Net subtractions from cash -$6,278,798.29 -$48,482,113.36 Closing value of cash and sweep balances $12,317.32
Income summary * THIS PERIOD THIS YEAR
TAXABLE Money market/sweep funds 61.50 9,132.37
Interest 32,469.10 2,394,724.94
Ordinary dividends and ST capital gains 18,619.05 204,633.84 Total taxable income $51,149.65 $2,608,491.15
Total federally tax-exempt income $0.00 $0.00
Total income $51,149.65 $2,608,491.15
* Certain distributions made in the current year are reported as prior year income according to IRS regulations. This may cause a difference between Cash Flow and Income Summary totals.

Gain/loss summary UNREALIZED THIS PERIOD REALIZED THIS YEAR REALIZED Short term (S) 232,651.62 0.00 0.00
Long term (L) 896,227.44 0.00 0.00
Total $1,128,879.06 $0.00 $0.00

SNAPSHOT
072 ANCA ANC9
5 SNAPSHOT Page 3 of 22

CITY OF MALIBU

RUTH QUINTO
NOVEMBER 1, 2024 - NOVEMBER 30, 2024
ACCOUNT NUMBER:

Your Financial Advisor Client service information
WILLIAM GOMBERG 701 S PARKER STREET Client service: 800-266-6263 Phone: 714-497-1366 SUITE 2500 Website: www.wellsfargoadvisors.com ORANGE, CA 92868
Account profile
Full account name: CITY OF MALIBU

RUTH QUINTO
Account type: Brokerage Cash Services For your consideration Brokerage account number: Go paperless. Accessing your account documents online is easy, secure, and Brokerage Cash Services number: costs nothing. Sign on at wellsfargoadvisors.com, go to Portfolio and select Tax status: Non-Profit Statements & Docs, and then click on the Delivery Preferences link. Choose Investment objective/Risk tolerance:* CONSERVATIVE INCOME Paperless - All Docs or view your Delivery Settings details to select specific Time horizon:* INTERMEDIATE (3-5 YEARS) account documents for paperless delivery. If you do not have a Username and Liquidity needs:* MODERATE Password, visit wellsfargoadvisors.com/signup or call 1-877-879-2495 for Cost Basis Election: First in, First out enrollment assistance.

Sweep option: ALLSPRING GOVERNMENT MONEY
MARKET Document delivery status
*For more information, please visit us at: www.wellsfargoadvisors.com/disclosures Paper Electronic Statements: X Available funds Trade confirmations: X
Cash 11,891.09 Tax documents: X
Money market and sweep funds 426.23 Shareholder communications: X Available for loan 0.00 Other documents: X
Your total available funds $12,317.32

SNAPSHOT
072 ANCA ANC9
6

CITY OF MALIBU

RUTH QUINTO
NOVEMBER 1, 2024 - NOVEMBER 30, 2024
ACCOUNT NUMBER:

Bond maturity schedule % OF
MATURING IN: AMOUNT MATURING CURRENT VALUE MATURING VALUE under 1 year 41,870,000.00 41,623,256.25 47.80
60,000,00 1 to 5 years 45,720,000.00 43,664,755.67 52.20 6 to 10 years 0.00 0.00 0.00
40,000,00 11 to 15 years 0.00 0.00 0.00
16 to 20 years 0.00 0.00 0.00
21 to 30 years 0.00 0.00 0.00
20,000,00 over 30 years 0.00 0.00 0.00
Total $87,590,000.00 $85,288,011.92 100.00%
0 under 1 1 - 5 6 - 10 11 - 15 16 - 20 21 - 30 Over 30
Years
Additional information

THIS PERIOD THIS YEAR THIS PERIOD THIS YEAR
Accrued interest on purchases -2,651.93 -80,908.58 Gross proceeds 6,198,812.63 45,575,595.75 Portfolio detail
Cash and Sweep Balances
Sweep Balances - You have the right, in the course of normal business operations, to withdraw balances in the Bank Deposit Sweep Program(s) or redeem shares of the money market mutual fund used in the sweep, subject to any open commitments in any of your accounts and have the proceeds returned to your accounts or remitted to you. The money market mutual funds in the sweep reserve the right to require one or more day's prior notice before permitting withdrawals.

Money Market Mutual Fund - Funds seek to preserve a value at $1.00 per share, but it is possible to lose money by investing in these funds. Investments in money market funds are not bank deposits and are not insured by the FDIC or any other government agency. They are instead covered by SIPC. Estimated Annual Yield on money market funds, when available, reflects the current estimated yield for the Interest Period dates displayed. For more complete information, including fees, expenses and risks, please request a prospectus from Your Financial Advisor.
% OF CURRENT EST MATED ESTIMATED CURRENT
DESCRIPTION ACCOUNT MARKET VALUE ANNUAL INCOME YIELD (%) Cash 0.01 11,891.09 0.00 N/A
ALLSPRING 0.00 426.23 18.00 4.27

GOVERNMENT MONEY MARKET
Interest Period 11/01/24 - 11/30/24
Total Cash and Sweep Balances 0.01 $12,317.32 $18.00
072 ANCA ANC9
Amount Maturing
7

CITY OF MALIBU

RUTH QUINTO
NOVEMBER 1, 2024 - NOVEMBER 30, 2024
ACCOUNT NUMBER:

Fixed Income Securities
Corporate and municipal bonds and other fixed income securities are priced by a computerized pricing service or, for less actively traded issues, by utilizing a yield-based matrix system to arrive at an estimated market value.

Government Bonds

ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%) US TREASURY ^
NOTES
CPN 4.250% DUE 12/31/24
DTD 01/03/23 FC 06/30/23
Moody AAA
CUSIP 91282CGD7
Acquired 10/02/23 L 4.73 4,290,000 98.88 4,242,319.62 99.9630 4,288,412.70 46,093.08 76,299.05 182,325 4.25

US TREASURY
NOTES
CPN 1.500% DUE 02/15/25
DTD 02/15/22 FC 08/15/22
Moody AAA
CUSIP 91282CDZ1
Acquired 08/09/23 L 5.72 5,215,000 95.21 4,965,249.23 99.3880 5,183,084.20 217,834.97 22,957.34 78,225 1.50

US TREASURY
NOTES
CPN 1.750% DUE 03/15/25
DTD 03/15/22 FC 09/15/22
Moody AAA
CUSIP 91282CED9
Acquired 03/15/23 L 4,000,000 96.35 3,854,194.52 3,969,280.00 115,085.48 Acquired 08/10/23 L 5,330,000 95.31 5,080,154.94 5,289,065.60 208,910.66 Total 10.22 9,330,000 $95.75 $8,934,349.46 99.2320 $9,258,345.60 $323,996.14 $34,729.77 $163,275 1.76

US TREASURY
NOTES
CPN 3.125% DUE 08/15/25
DTD 08/15/22 FC 02/15/23
Moody AAA
CUSIP 91282CFE6
Acquired 11/30/23 S 1.60 1,465,000 97.59 1,429,755.44 99.0990 1,451,800.35 22,044.91 13,435.81 45,781 3.15 072 ANCA ANC9
8

CITY OF MALIBU

RUTH QUINTO
NOVEMBER 1, 2024 - NOVEMBER 30, 2024
ACCOUNT NUMBER:

Fixed Income Securities
Government Bonds continued

ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%)

US TREASURY
NOTES
CPN 3.500% DUE 09/15/25
DTD 09/15/22 FC 03/15/23
Moody AAA
CUSIP 91282CFK2
Acquired 03/15/23 L 4,000,000 99.85 3,994,132.00 3,972,680.00 -21,452.00 Acquired 08/09/23 L 15,120,000 97.78 14,785,075.41 15,016,730.40 231,654.99 Total 20.97 19,120,000 $18,779,207.4 99.3170 $18,989,410.40 $210,202.99 $142,343.65 $669,200 3.52 $98.21 1
US TREAS STRIPS 02/26

INTEREST PMT
DUE 02/15/26
DTD 02/15/96
Moody NR , S&P NR
CUSIP 912833LY4
Acquired 01/24/24 S 276,000 95.09 262,468.11 261,907.44 -560.67

91.79 253,355.50
Acquired 10/08/24 S 5,275,000 95.31 5,027,686.46 5,005,658.50 -22,027.96

94.77 4,999,423.80
Total 5.82 5,551,000 $95.30 $5,290,154.57 94.8940 $5,267,565.94 -$22,588.63 N/A N/A N/A $94.62 $5,252,779.30

US TREASURY
NOTES
CPN 2.250% DUE 03/31/26
DTD 03/31/19 FC 09/30/19
Moody AAA
CUSIP 9128286L9
Acquired 03/15/23 L 4.30 4,000,000 96.38 3,855,382.00 97.3980 3,895,920.00 40,538.00 15,329.67 90,000 2.31

US TREASURY
NOTES
CPN 3.750% DUE 04/15/26
DTD 04/15/23 FC 10/15/23
Moody AAA
CUSIP 91282CGV7
Acquired 04/02/24 S 2.19 2,000,000 98.53 1,970,772.62 99.3000 1,986,000.00 15,227.38 9,684.06 75,000 3.77 072 ANCA ANC9
9

CITY OF MALIBU

RUTH QUINTO
NOVEMBER 1, 2024 - NOVEMBER 30, 2024
ACCOUNT NUMBER:

Fixed Income Securities
Government Bonds continued

ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%)

UNITED STATES TREAS SEC

INT PMT BD
DUE 05/15/26
DTD 11/15/96
Moody NR , S&P NR
CUSIP 912833LZ1
Acquired 10/22/24 S 4.41 4,255,000 94.37 4,015,703.38 93.9240 3,996,466.20 -19,237.18 N/A N/A N/A

93.98 3,999,109.60

US TREASURY
NOTES
CPN 0.750% DUE 08/31/26
DTD 08/31/21 FC 02/28/22
Moody AAA
CUSIP 91282CCW9
Acquired 03/15/23 L 4.16 4,000,000 91.07 3,643,007.00 94.2030 3,768,120.00 125,113.00 7,624.31 30,000 0.79

US TREASURY
NOTES
CPN 2.500% DUE 03/31/27
DTD 03/31/22 FC 09/30/22
Moody AAA
CUSIP 91282CEF4
Acquired 03/15/23 L 4.26 4,000,000 96.45 3,858,132.00 96.3820 3,855,280.00 -2,852.00 17,032.97 100,000 2.59

US TREASURY
NOTES
CPN 2.625% DUE 05/31/27
DTD 05/31/22 FC 11/30/22
Moody AAA
CUSIP 91282CET4
Acquired 03/21/24 S 2.39 2,245,000 95.32 2,139,978.18 96.4210 2,164,651.45 24,673.27 161.01 58,931 2.72

US TREASURY
NOTES
CPN 3.125% DUE 08/31/27
DTD 08/31/22 FC 02/28/23
Moody AAA
CUSIP 91282CFH9
Acquired 03/15/23 L 2.04 1,894,000 98.59 1,867,461.42 97.4020 1,844,793.88 -22,667.54 15,042.13 59,188 3.20 072 ANCA ANC9
10

CITY OF MALIBU

RUTH QUINTO
NOVEMBER 1, 2024 - NOVEMBER 30, 2024
ACCOUNT NUMBER:

Fixed Income Securities
Government Bonds continued

ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%)

US TREASURY
NOTES
CPN 1.250% DUE 04/30/28
DTD 04/30/21 FC 10/31/21
Moody AAA
CUSIP 91282CBZ3
Acquired 04/02/24 S 3.00 2,985,000 88.91 2,654,128.14 90.8980 2,713,305.30 59,177.16 3,195.27 37,313 1.37

US TREASURY
NOTES
CPN 1.375% DUE 12/31/28
DTD 12/31/21 FC 06/30/22
Moody AAA
CUSIP 91282CDP3
Acquired 02/15/24 S 5.03 5,075,000 88.22 4,477,363.89 89.8160 4,558,162.00 80,798.11 29,201.93 69,781 1.53

US TREASURY
NOTES
CPN 2.875% DUE 04/30/29
DTD 04/30/22 FC 10/31/22
Moody AAA
CUSIP 91282CEM9
Acquired 04/30/24 S 1.64 1,565,000 92.50 1,447,763.07 95.0540 1,487,595.10 39,832.03 3,853.05 44,994 3.02

US TREASURY
NOTES
CPN 4.000% DUE 10/31/29
DTD 10/31/22 FC 04/30/23
Moody AAA
CUSIP 91282CFT3
Acquired 11/07/24 S 3.30 3,000,000 99.61 2,988,405.43 99.5620 2,986,860.00 -1,545.43 10,276.24 120,000 4.01 Total Government Bonds 85.78 79,990,000 $76,559,132.8 $77,695,773.12$1,136,640.26 $401,166.26 $1,824,013 2.35 6 $76,505,163.8
1 ^ Denotes bonds with a maturity date in the next 60 days. Please contact us for further investment opportunities or any assistance. 072 ANCA ANC9
11

CITY OF MALIBU

RUTH QUINTO
NOVEMBER 1, 2024 - NOVEMBER 30, 2024
ACCOUNT NUMBER:

Fixed Income Securities
Certificates of Deposit
Long-term certificates of deposit (maturity beyond one year from date of issue) are priced using a market value pricing model.

ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%) MANUF & TRADERS TR CO CD ^
BUFFALO NY ACT/365

FDIC INSD
CPN 4.900% DUE 12/09/24
DTD 12/07/22 FC 06/07/23
CUSIP 564759RJ9
Acquired 11/28/22 L 0.28 250,000 100.00 250,000.00 100.0090 250,022.50 22.50 5,940.41 12,250 4.89

AMERICAN EXPR NATL BK CD
SALT LAKE CTY UT ACT/365

FDIC INSD
CPN 2.050% DUE 03/24/25
DTD 03/23/22 FC 09/23/22
CUSIP 02589ABV3
Acquired 03/17/22 L 0.22 200,000 100.00 200,000.00 99.2340 198,468.00 -1,532.00 775.07 4,100 2.06

ALLY BANK CD
BENSALEM PA ACT/365

FDIC INSD
CPN 5.250% DUE 03/24/25
DTD 03/23/23 FC 09/23/23
CUSIP 02007GM34
Acquired 03/14/23 L 0.28 250,000 100.00 250,000.00 100.2340 250,585.00 585.00 2,481.17 13,125 5.23

WELLS FARGO BANK NA CD
SIOUX FALLS SD ACT/365

FDIC INSD
CPN 4.900% DUE 05/23/25
DTD 05/23/23 FC 06/23/23
CUSIP 949764CT9
Acquired 05/18/23 L 0.28 250,000 100.00 250,000.00 100.2220 250,555.00 555.00 268.49 12,250 4.88

BMO HARRIS BANK NA CD
CHICAGO IL ACT/365

FDIC INSD
CPN 4.850% DUE 05/27/25
DTD 05/24/23 FC 11/24/23
CUSIP 05600XQK9
Acquired 05/18/23 L 0.28 250,000 100.00 250,000.00 100.2020 250,505.00 505.00 232.54 12,125 4.84 072 ANCA ANC9
12

CITY OF MALIBU

RUTH QUINTO
NOVEMBER 1, 2024 - NOVEMBER 30, 2024
ACCOUNT NUMBER:

Fixed Income Securities
Certificates of Deposit continued

ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%)

AMERICAN COML BK & TR CD
OTTAWA IL ACT/365

FDIC INSD
CPN 5.000% DUE 06/06/25
DTD 12/06/23 FC 01/06/24
CUSIP 02519ACB1
Acquired 11/29/23 L 0.28 250,000 100.00 250,000.00 100.2930 250,732.50 732.50 856.17 12,500 4.98

BANK OF HOPE CD
LOS ANGELES CA ACT/365

FDIC INSD
CPN 4.400% DUE 07/14/25
DTD 01/12/24 FC 07/12/24
CUSIP 062683JQ1
Acquired 01/04/24 S 0.28 250,000 100.00 250,000.00 99.9500 249,875.00 -125.00 4,279.46 11,000 4.40

FLAGSTAR BANK NA CD
TROY MI ACT/365

FDIC INSD
CPN 4.600% DUE 08/11/25
DTD 01/10/24 FC 07/10/24
CUSIP 33847GBY7
Acquired 01/04/24 S 0.28 250,000 100.00 250,000.00 100.0900 250,225.00 225.00 3,560.28 11,500 4.59

GOLDMAN SACHS BK USA CD
NEW YORK NY ACT/365

FDIC INSD
CPN 4.400% DUE 08/13/25
DTD 08/13/24 FC 08/13/25
CUSIP 38150VWM7
Acquired 08/05/24 S nc 0.28 250,000 100.00 250,000.00 99.9560 249,890.00 -110.00 3,315.07 11,000 4.40

BMW BK N AMERICA CD
SALT LAKE CTY UT ACT/365

FDIC INSD
CPN 5.100% DUE 09/17/25
DTD 03/17/23 FC 09/17/23
CUSIP 05580AX58
Acquired 03/14/23 L 0.28 250,000 100.00 250,000.00 100.5380 251,345.00 1,345.00 2,619.86 12,750 5.07 072 ANCA ANC9
13

CITY OF MALIBU

RUTH QUINTO
NOVEMBER 1, 2024 - NOVEMBER 30, 2024
ACCOUNT NUMBER:

Fixed Income Securities
Certificates of Deposit continued

ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%)

STATE BANK OF INDIA CD
NEW YORK NY ACT/365

FDIC INSD
CPN 4.950% DUE 12/02/25
DTD 12/02/22 FC 06/02/23
CUSIP 856285V81
Acquired 11/28/22 L 0.28 250,000 100.00 250,000.00 100.5740 251,435.00 1,435.00 6,170.54 12,375 4.92

SALLIE MAE BANK/SALT CD
SALT LAKE CTY UT ACT/365

FDIC INSD
CPN 4.750% DUE 12/15/25
DTD 12/13/23 FC 06/13/24
CUSIP 795451DG5
Acquired 12/07/23 S 0.28 250,000 100.00 250,000.00 100.4360 251,090.00 1,090.00 5,563.35 11,875 4.72

BANK OF AMERICA NA CD
CHARLOTTE NC ACT/365

FDIC INSD
CPN 4.950% DUE 01/05/26
DTD 07/03/24 FC 01/03/25
CUSIP 06051XFE7
Acquired 06/26/24 S 0.28 250,000 100.00 250,000.00 100.6770 251,692.50 1,692.50 5,119.52 12,375 4.91

ISRAEL DISCOUNT BK OF CD
NEW YORK NY ACT/365

FDIC INSD
CPN 4.450% DUE 02/09/26
DTD 08/07/24 FC 02/07/25
CUSIP 465076UQ8
Acquired 08/05/24 S 0.28 250,000 100.00 250,000.00 100.1690 250,422.50 422.50 3,535.62 11,125 4.44

DOLLAR BANK FSB PA CD
PITTSBURGH PA ACT/365

FDIC INSD
CPN 4.000% DUE 02/27/26
DTD 08/28/24 FC 02/28/25
CUSIP 25665QDE2
Acquired 08/20/24 S 0.28 250,000 100.00 250,000.00 99.6540 249,135.00 -865.00 2,602.74 10,000 4.01 072 ANCA ANC9
14

CITY OF MALIBU

RUTH QUINTO
NOVEMBER 1, 2024 - NOVEMBER 30, 2024
ACCOUNT NUMBER:

Fixed Income Securities
Certificates of Deposit continued

ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%)

COMENITY BANK CD
WILMINGTON DE ACT/365

JUMBO CD FDIC INSURED
CPN 2.000% DUE 03/18/26
DTD 03/18/22 FC 04/18/22
CUSIP 99000QQW7
Acquired 03/15/22 L 0.21 200,000 100.00 200,000.00 96.7149 193,429.80 -6,570.20 142.47 4,000 2.06

SYNCHRONY BANK CD
DRAPER UT ACT/365

FDIC INSD
CPN 5.000% DUE 03/24/26
DTD 03/24/23 FC 09/24/23
CUSIP 87165HX21
Acquired 03/14/23 L 0.28 250,000 100.00 250,000.00 100.8910 252,227.50 2,227.50 2,328.77 12,500 4.95

BARCLAYS BANK/DELAWAR CD
WILMINGTON DE ACT/365

FDIC INSD
CPN 4.000% DUE 08/28/26
DTD 08/28/24 FC 02/28/25
CUSIP 06740KSW8
Acquired 08/20/24 S 0.27 250,000 100.00 250,000.00 99.5640 248,910.00 -1,090.00 2,602.74 10,000 4.01

TEXAS EXCHANGE BK SSB CD
CROWLEY TX ACT/365

CALLABLE FDIC INSD
CPN 1.100% DUE 10/29/26
DTD 10/29/21 FC 11/29/21
CALL 12/29/24 @ 100.000
CUSIP 88241TMC1
Acquired 10/22/21 L 0.26 250,000 100.00 250,000.00 94.2820 235,705.00 -14,295.00 15.06 2,750 1.16

DISCOVER BANK CD
GREENWOOD DE ACT/365

FDIC INSD
CPN 4.950% DUE 11/16/26
DTD 11/15/22 FC 05/15/23
CUSIP 254673Z66
Acquired 11/09/22 L 0.22 200,000 100.00 200,000.00 101.4280 202,856.00 2,856.00 433.97 9,900 4.88 072 ANCA ANC9
15

CITY OF MALIBU

RUTH QUINTO
NOVEMBER 1, 2024 - NOVEMBER 30, 2024
ACCOUNT NUMBER:

Fixed Income Securities
Certificates of Deposit continued

ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%)

UBS BANK USA CD
SALT LAKE CTY UT ACT/365

FDIC INSD
CPN 1.150% DUE 12/08/26
DTD 12/08/21 FC 01/08/22
CUSIP 90348JX96
Acquired 11/30/21 L 0.26 250,000 100.00 250,000.00 94.0930 235,232.50 -14,767.50 181.17 2,875 1.22

CALPRIVATE BANK CD
LA JOLLA CA ACT/365

FDIC INSD
CPN 4.050% DUE 02/16/27
DTD 08/14/24 FC 02/14/25
CUSIP 13135NCY4
Acquired 08/05/24 S 0.28 250,000 100.00 250,000.00 99.7210 249,302.50 -697.50 3,023.63 10,125 4.06

VALLEY NATL BK WAYNE CD
WAYNE NJ ACT/365

FDIC INSD
CPN 4.600% DUE 03/11/27
DTD 03/11/24 FC 09/11/24
CUSIP 919853KW0
Acquired 03/05/24 S 0.28 250,000 100.00 250,000.00 100.9040 252,260.00 2,260.00 2,552.06 11,500 4.55

BRADESCO BANK CD
CORAL GABLES FL ACT/365

FDIC INSD
CPN 4.500% DUE 03/22/27
DTD 03/21/24 FC 09/21/24
CUSIP 10421AAT4
Acquired 03/05/24 S 0.28 250,000 100.00 250,000.00 100.7160 251,790.00 1,790.00 2,188.35 11,250 4.46

BNY MELLON NA CD
NEW YORK NY ACT/365

FDIC INSD
CPN 4.600% DUE 06/01/27
DTD 05/29/24 FC 11/29/24
CUSIP 05584CP59
Acquired 05/23/24 S 0.28 250,000 100.00 250,000.00 101.0740 252,685.00 2,685.00 4,883.57 11,500 4.55 072 ANCA ANC9
16

CITY OF MALIBU

RUTH QUINTO
NOVEMBER 1, 2024 - NOVEMBER 30, 2024
ACCOUNT NUMBER:

Fixed Income Securities
Certificates of Deposit continued

ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%)

EAGLEMARK SVGS BK CD
CARSON CTY NV ACT/365

FDIC INSD
CPN 4.700% DUE 07/02/27
DTD 07/03/24 FC 01/03/25
CUSIP 27004PFE8
Acquired 06/26/24 S 0.28 250,000 100.00 250,000.00 101.3170 253,292.50 3,292.50 4,860.96 11,750 4.63

CELTIC BANK CD
SALT LAKE CTY UT ACT/365

FDIC INSD
CPN 2.000% DUE 12/27/27
DTD 12/27/19 FC 01/27/20
CUSIP 15118RTH0
Acquired 12/09/19 L 0.26 250,000 100.00 250,000.00 93.9480 234,870.00 -15,130.00 54.80 5,000 2.12

BEAL BANK USA CD
LAS VEGAS NV ACT/365

FDIC INSD
CPN 4.700% DUE 05/30/29
DTD 06/05/24 FC 12/05/24
CUSIP 07371DR66
Acquired 05/23/24 S 0.28 250,000 100.00 250,000.00 102.6310 256,577.50 6,577.50 5,762.33 11,750 4.57

BEAL BANK - PLANO TX CD
PLANO TX ACT/365

FDIC INSD
CPN 4.700% DUE 05/30/29
DTD 06/05/24 FC 12/05/24
CUSIP 07371BVU2
Acquired 05/23/24 S 0.28 250,000 100.00 250,000.00 102.6310 256,577.50 6,577.50 5,762.33 11,750 4.57

MORGAN STANLEY PVT BK CD
PURCHASE NY ACT/365

FDIC INSD
CPN 4.650% DUE 05/30/29
DTD 05/30/24 FC 11/30/24
CUSIP 61768E4J9
Acquired 05/23/24 S 0.28 250,000 100.00 250,000.00 102.3950 255,987.50 5,987.50 31.85 11,625 4.54 072 ANCA ANC9
17

CITY OF MALIBU

RUTH QUINTO
NOVEMBER 1, 2024 - NOVEMBER 30, 2024
ACCOUNT NUMBER:

Fixed Income Securities
Certificates of Deposit continued

ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%)

TOYOTA FINL SGS BK CD
HENDERSON NV ACT/365

FDIC INSD
CPN 4.500% DUE 06/28/29
DTD 06/28/24 FC 12/28/24
CUSIP 89235MPR6
Acquired 06/26/24 S 0.28 250,000 100.00 250,000.00 101.8230 254,557.50 4,557.50 4,808.22 11,250 4.41 Total Certificates of Deposit 8.38 7,600,000 $7,600,000.00 $7,592,238.80 -$7,761.20 $86,952.57 $319,875 4.21 Total Fixed Income Securities 94.17 $84,159,132.8 $85,288,011.92$1,128,879.06 $488,118.83 $2,143,888 2.51 6 $84,105,163.8
1 ^ Denotes Certificate of Deposit with a maturity date in the next 60 days. Please contact us for further investment opportunities or any assistance. nc Cost information for this tax lot is not covered by IRS reporting requirements. Unless indicated, cost for all other lots will be reported to the IRS.

Mutual Funds
If a portion of your fund position was converted, the 'Client Investment' value may include reinvestments from previously held positions.

Open End Mutual Funds
Open End Mutual Fund shares are priced at net asset value. Estimated Annual Income and Yield refer to Dividends and Interest Income only, and typically do not reflect Total return.

Although retail and government money market funds seek to preserve a net asset value (NAV) of $1.00 per share, in a negative interest rate environment, the fund's net asset value (NAV) may float to the nearest 1/100th of a cent (i.e., $0.9999). When the NAV is floating, the value of your investment will fluctuate and lose value.

EST MATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INCOME YIELD (%)

FIDELITY FUNDS

FIDELITY TREASURY ONLY

PORT INSTL CLASS SHS
FRSXX
On Reinvestment
Acquired 10/31/24 S nc 4,983,049.90000 1.00 4,983,049.90 4,983,049.90 0.00 Acquired 11/26/24 S nc 269,121.88000 1.00 269,121.88 269,121.88 0.00 Reinvestments S nc 18,619.05000 1.00 18,619.05 18,619.05 0.00 072 ANCA ANC9
18

CITY OF MALIBU

RUTH QUINTO
NOVEMBER 1, 2024 - NOVEMBER 30, 2024
ACCOUNT NUMBER:

Mutual Funds
Open End Mutual Funds continued

EST MATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INCOME YIELD (%) Total 5.82 5,270,790.83000 $1.00 $5,270,790.83 1.0000 $5,270,790.83 $0.00 $256,688 4.87 Client Investment (Excluding Reinvestments) $5,252,171.78 Gain/Loss on Client Investment (Including Reinvestments) $18,619.05 Total Open End Mutual Funds 5.82 $5,270,790.83 $5,270,790.83 $0.00 $256,688 4.87 Total Mutual Funds 5.82 $5,270,790.83 $5,270,790.83 $0.00 $256,688 4.87 nc Cost information for this tax lot is not covered by IRS reporting requirements. Unless indicated, cost for all other lots will be reported to the IRS.

Activity detail
Income and distributions

DATE ACCOUNT TYPE TRANSACTION QUANTITY DESCRIPTION PRICE AMOUNT 11/01 Cash DIVIDEND FIDELITY FUNDS 18,619.05

FIDELITY TREASURY ONLY

PORT INSTL CLASS SHS
103124 10,931,862.53000
AS OF 10/31/24
11/06 Cash INTEREST AMERICAN COML BK & TR CD 1,061.64
OTTAWA IL ACT/365

FDIC INSD
CPN 5.000% DUE 06/06/25
DTD 12/06/23 FC 01/06/24
110624 250,000
CUSIP 02519ACB1
11/08 Cash INTEREST UBS BANK USA CD 244.18
SALT LAKE CTY UT ACT/365

FDIC INSD
CPN 1.150% DUE 12/08/26
DTD 12/08/21 FC 01/08/22
110824 250,000
CUSIP 90348JX96
072 ANCA ANC9
19

CITY OF MALIBU

RUTH QUINTO
NOVEMBER 1, 2024 - NOVEMBER 30, 2024
ACCOUNT NUMBER:

Activity detail continued
Income and distributions

DATE ACCOUNT TYPE TRANSACTION QUANTITY DESCRIPTION PRICE AMOUNT 11/15 Cash INTEREST DISCOVER BANK CD 4,990.68
GREENWOOD DE ACT/365

FDIC INSD
CPN 4.950% DUE 11/16/26
DTD 11/15/22 FC 05/15/23
111524 200,000
CUSIP 254673Z66
11/18 Cash INTEREST COMENITY BANK CD 339.73
WILMINGTON DE ACT/365

JUMBO CD FDIC INSURED
CPN 2.000% DUE 03/18/26
DTD 03/18/22 FC 04/18/22
111824 200,000
CUSIP 99000QQW7
11/25 Cash INTEREST BMO HARRIS BANK NA CD 6,112.33
CHICAGO IL ACT/365

FDIC INSD
CPN 4.850% DUE 05/27/25
DTD 05/24/23 FC 11/24/23
112424 250,000
AS OF 11/24/24
CUSIP 05600XQK9
11/25 Cash INTEREST WELLS FARGO BANK NA CD 1,040.41
SIOUX FALLS SD ACT/365

FDIC INSD
CPN 4.900% DUE 05/23/25
DTD 05/23/23 FC 06/23/23
112324 250,000
AS OF 11/23/24
CUSIP 949764CT9
11/26 Cash INTEREST BANK HAPOALIM BM NY CD 6,364.38
NEW YORK NY ACT/365

FDIC INSD
CPN 5.050% DUE 11/26/24
DTD 05/26/23 FC 11/26/23
112624 250,000
CUSIP 06251A5N6
072 ANCA ANC9
20

CITY OF MALIBU

RUTH QUINTO
NOVEMBER 1, 2024 - NOVEMBER 30, 2024
ACCOUNT NUMBER:

Activity detail continued
Income and distributions

DATE ACCOUNT TYPE TRANSACTION QUANTITY DESCRIPTION PRICE AMOUNT 11/27 Cash INTEREST CELTIC BANK CD 424.66
SALT LAKE CTY UT ACT/365

FDIC INSD
CPN 2.000% DUE 12/27/27
DTD 12/27/19 FC 01/27/20
112724 250,000
CUSIP 15118RTH0
11/27 Cash DIVIDEND ALLSPRING 61.40

GOVERNMENT MONEY MARKET

SWEEP CLASS
11/29 Cash INTEREST BNY MELLON NA CD 5,797.26
NEW YORK NY ACT/365

FDIC INSD
CPN 4.600% DUE 06/01/27
DTD 05/29/24 FC 11/29/24
112924 250,000
CUSIP 05584CP59
11/29 Cash INTEREST MORGAN STANLEY PVT BK CD 5,860.27
PURCHASE NY ACT/365

FDIC INSD
CPN 4.650% DUE 05/30/29
DTD 05/30/24 FC 11/30/24
113024 250,000
AS OF 11/30/24
CUSIP 61768E4J9
11/29 Cash INTEREST TEXAS EXCHANGE BK SSB CD 233.56
CROWLEY TX ACT/365

CALLABLE FDIC INSD
CPN 1.100% DUE 10/29/26
DTD 10/29/21 FC 11/29/21
112924 250,000
CUSIP 88241TMC1
11/29 Cash DIVIDEND ALLSPRING 0.10

GOVERNMENT MONEY MARKET

SWEEP CLASS
112924 426
Total Income and distributions: $51,149.65
072 ANCA ANC9
21

CITY OF MALIBU

RUTH QUINTO
NOVEMBER 1, 2024 - NOVEMBER 30, 2024
ACCOUNT NUMBER:

Activity detail continued
Securities sold and redeemed

DATE ACCOUNT TYPE TRANSACTION QUANTITY DESCRIPTION PRICE AMOUNT 11/07 Cash SALE -5,948,812.63000 FIDELITY FUNDS 1.0000 5,948,812.63

FIDELITY TREASURY ONLY

PORT INSTL CLASS SHS
11/26 Cash REDEMPTION -250,000.00000 BANK HAPOALIM BM NY CD 250,000.00 NEW YORK NY ACT/365

FDIC INSD
CPN 5.050% DUE 11/26/24
DTD 05/26/23 FC 11/26/23
CUSIP 06251A5N6
Total Securities sold and redeemed: $6,198,812.63
Securities purchased

DATE ACCOUNT TYPE TRANSACTION QUANTITY DESCRIPTION PRICE AMOUNT 11/01 Cash REINVEST DIV 18,619.05000 FIDELITY FUNDS -18,619.05

FIDELITY TREASURY ONLY

PORT INSTL CLASS SHS
REINVEST AT 1.000
11/07 Cash PURCHASE 3,000,000.00000 US TREASURY 99.6132 -2,988,405.43 ACCRUED INT NOTES -2,651.93
CPN 4.000% DUE 10/31/29
DTD 10/31/22 FC 04/30/23
CUSIP 91282CFT3
11/26 Cash PURCHASE 269,121.88000 FIDELITY FUNDS 1.0000 -269,121.88

FIDELITY TREASURY ONLY

PORT INSTL CLASS SHS
Total Securities purchased: -$3,278,798.29
Electronic funds transfer

DATE ACCOUNT TYPE TRANSACTION DESCRIPTION AMOUNT
11/12 Cash AUTO ACTIVITY ACH DIRECT DEPOSIT -3,000,000.00 TRACE # 121000240013876

FBO CITY OF MALIBU NA

TRANSFER TO

FIRST BANK
CHK XXXXXXXXXXXXX3702
Total Electronic funds transfer: -$3,000,000.00
072 ANCA ANC9
22

CITY OF MALIBU

RUTH QUINTO
NOVEMBER 1, 2024 - NOVEMBER 30, 2024
ACCOUNT NUMBER:

Cash sweep activity
Our Cash Sweep program allows you to earn a return on the idle cash balances in your account by automatically investing such balances into one of our cash sweep options. These 'sweep transactions' may represent a net amount for the day and occur on settlement date. The following section displays transfers into and out of your sweep option. Transactions displayed here are Transfer To, Transfer From and Reinvested Dividends and Interest. These transaction amounts are not included in your cash flow summary.

DATE TRANSACTION DESCRIPTION AMOUNT DATE TRANSACTION DESCRIPTION AMOUNT 11/01 BEGINNING BALANCE 1,649.62 11/19 TRANSFER TO ALLSPRING 339.73

GOVERNMENT MONEY MARKET
11/01 TRANSFER TO ALLSPRING 39,503.71 11/26 TRANSFER TO ALLSPRING 7,152.74

GOVERNMENT MONEY MARKET GOVERNMENT MONEY MARKET
11/07 TRANSFER TO ALLSPRING 1,061.64 11/27 TRANSFER FROM ALLSPRING -12,697.57

GOVERNMENT MONEY MARKET GOVERNMENT MONEY MARKET
11/12 TRANSFER TO ALLSPRING 2,957,999.45 11/29 REINVEST DIV ALLSPRING 0.10

GOVERNMENT MONEY MARKET GOVERNMENT MONEY MARKET
11/12 TRANSFER FROM ALLSPRING -3,000,000.00 11/29 TRANSFER TO ALLSPRING 426.13

GOVERNMENT MONEY MARKET GOVERNMENT MONEY MARKET
11/18 TRANSFER TO ALLSPRING 4,990.68 11/30 ENDING BALANCE 426.23

GOVERNMENT MONEY MARKET
Bank Deposits Through Teller November 1 - November 30
Wells Fargo Bank, N.A. (Member FDIC) Account number Questions? Call us at 1-800-266-6263 Deposits made in a bank branch on the last business day of the month will typically appear on your next statement.

DATE TRANSACTION DESCRIPTION AMOUNT BANK BALANCE
11/01 BEGINNING BALANCE $0.00
072 ANCA ANC9
23

CITY OF MALIBU

RUTH QUINTO
NOVEMBER 1, 2024 - NOVEMBER 30, 2024
ACCOUNT NUMBER:

Bank Deposits Through Teller continued

DATE TRANSACTION DESCRIPTION AMOUNT BANK BALANCE
11/30 ENDING BALANCE $0.00
Realized gain/loss
Realized Gain/Loss Summary

THIS PERIOD THIS PERIOD THIS PERIOD THIS YEAR THIS YEAR THIS YEAR

GAIN LOSS NET GAIN LOSS NET
Short term 0.00 0.00 0.00 0.00 0.00 0.00
Long term 0.00 0.00 0.00 0.00 0.00 0.00
Total Realized Gain/Loss $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Realized Gain/Loss Detail
Short term

ADJ PRICE/ DATE ADJ COST/

DESCRIPTION QUANTITY ORIG PRICE ACQUIRED CLOSE DATE PROCEEDS ORIG COST GAIN/LOSS FIDELITY FUNDS 178,357.59000 1.0000 09/30/24 11/07/24 nc 178,357.59 178,357.59 0.00

FIDELITY TREASURY ONLY

PORT INSTL CLASS SHS
CUSIP 31607A802
25,274.68000 1.0000 10/01/24 11/07/24 nc 25,274.68 25,274.68 0.00 250,030.84000 1.0000 10/01/24 11/07/24 nc 250,030.84 250,030.84 0.00 5,495,149.52000 1.0000 10/31/24 11/07/24 5,495,149.52 5,495,149.52 nc 0.00 Total Short term $5,948,812.63 $5,948,812.63 $0.00
nc Cost information for this tax lot is not covered by IRS reporting requirements. Unless indicated, cost for all other lots will be reported to the IRS. 072 ANCA ANC9
24

CITY OF MALIBU

RUTH QUINTO
NOVEMBER 1, 2024 - NOVEMBER 30, 2024
ACCOUNT NUMBER:

Realized Gain/Loss Detail continued
Long term

ADJ PRICE/ DATE ADJ COST/

DESCRIPTION QUANTITY ORIG PRICE ACQUIRED CLOSE DATE PROCEEDS ORIG COST GAIN/LOSS BANK HAPOALIM BM NY CD 250,000.00000 100.0000 05/18/23 11/26/24 250,000.00 250,000.00 0.00 NEW YORK NY ACT/365

FDIC INSD
CPN 5.050% DUE 11/26/24
DTD 05/26/23 FC 11/26/23
CUSIP 06251A5N6
Total Long term $250,000.00 $250,000.00 $0.00
Specific instructions and disclosures
Available funds
"Available for loan" reflects the approximate amount available as of the statement period ending date and should be reduced by any pending checks and Visa charges not yet cleared. This amount is the approximate amount available for withdrawal and loans. A margin loan is a variable rate loan secured by your account.

Income on non-reportable accounts
Your income summary is categorized into taxable and tax-exempt income based upon the securities that you hold. Please be aware that, since this is a 1099 non-reportable account, this income will NOT be reported to the IRS, but is being provided to you for informational purposes only.

Callable Securities
Securities that are subject to a partial call will be selected by an impartial lottery process in which the probability of your securities being selected for redemption is proportional to the holdings of all shareholders of such securities held in street name. If a security is called prior to maturity it may affect the yield you receive. Additional information is available at www.wellsfargoadvisors.com under Legal Disclosures or the written procedures are available upon request.

Cost basis - To add or update information or modify your reporting options, please contact Your Financial Advisor.

This statement presents estimated unrealized or realized gains or losses for your information only. If acquisition or other information is not available, the gain/loss information may not be displayed and section and summary totals may not reflect your complete portfolio. Cost basis information is not verified by WFCS or Wells Fargo Advisors Financial Network and should not be relied upon for legal or tax purposes. Revisions to this information (due to corporate mergers, tenders and other reorganizations) may be required from time to time.

Cost basis for factored bonds (GNMA, CMO, etc.) will be adjusted for paydown of principal. Systematic investments in mutual funds and reinvested dividends for mutual funds and stocks have been consolidated for each position. Unit cost data for systematic investments and dividend reinvestment securities is provided for informational purposes only and is a non-weighted average.

Your account statement should not be used for tax preparation without assistance from your tax consultant. We do not report capital gains or losses for non-covered securities to he IRS.

Cost basis options
Unless specific tax lots are selected at trade time, sales of tax lots will occur using the cost basis election reflected in the Account profile section.

Estimated accrued interest on Fixed Income securities
Estimated accrued interest is included in the Portfolio summary as a convenience to you and represents the estimated portion of he interest that would be received upon the sale of he Fixed Income posi ions in your account, calculated from the date of the last coupon (or dated date) through the date of the account statement, based upon information provided by the issuer. This is not a guarantee that this amount will be realized in your account. Actual income will be based upon the payout schedule of the securities held in your account. If you own a Foreign Fixed Income security, and it is denominated in a foreign currency, the Estimated accrued interest will not be accurate. 072 ANCA ANC9
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Agenda Item # 1.B.7.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Patricia Salazar, Development and Operations Manager Reviewed by: Maureen Tamuri, Interim Planning Director
Approved by: Joseph D. Toney, Acting City Manager
Date prepared: December 20, 2024 Meeting date: January 13, 2025 Subject: Professional Services Agreement with CJ Biomonitoring, LLC for Biological Consulting Services
RECOMMENDED ACTION: Authorize the Mayor to execute a two-year Professional Services Agreement with CJ Biomonitoring, LLC for biological consulting services.

FISCAL IMPACT: Funding for this agreement is included in the Adopted Budget for FY 2024-25 in Account Nos. 101-2001-5100.01 (Planning - Coastal Development Permit Services) and 102-3002-5100.01 (Woolsey Fire Operations - Coastal Development Permit Services). Funding for the second year will be included in the following fiscal year budget.

STRATEGIC PRIORITY: This item supports day-to-day operations and priorities identified in the Adopted FY 2024-25 Strategic Priority Project List.

DISCUSSION: The Planning Department oversees the processing of planning applications for compliance with the Malibu Municipal Code (MMC) and Local Coastal Program. As with other specializations, the City contracts biological review services. The contract biologist reviews all project applications for anticipated impacts to Environmentally Sensitive Habitat Areas, blueline streams, disturbed habitats, watershed areas, and impacts due to Los Angeles County Fire Department required fuel modification zones. In addition, the contract biologist provides staff with suggested conditions of approval to protect or minimize anticipated project-related impacts on sensitive habitat areas.

City Council Meeting
01-13-25
Item

1.B.7.
1

Agenda Item # 1.B.7.

The agreement for biological consulting services is typically comprised of a Principal Biologist (also known as the City Biologist) and an Assistant Biologist. Primarily, all the services are conducted by the Principal Biologist and the Assistant Biologist is only utilized should the Principal Biologist not be available for public counters hours or to assist with reviews if needed.

The agreement provides the following services: public counter hours in person at City Hall typically on Tuesdays for two hours, reviews application materials (on average 38 reviews per month), conducts site inspections (4-8 per month), ongoing guidance to applicants in person and virtually, guidance to staff, presides as the Chair of the Environmental Review Board, and attends Planning Commission and/or City Council meetings, if necessary. In total, the services provided are the equivalent of a part-time employee.

In October 2024, staff solicited a Request for Proposals (RFP) seeking qualified firms to provide biological consulting services. The City received two proposals in response to the RFP (CJ Biomonitoring, LLC and Compliance Biology, Inc).

At this time, based on the response to the RFP, interviews, and qualifications, staff recommends the Mayor execute a two-year professional service agreement with CJ Biomonitoring, LLC.

CJ Biomonitoring, LLC serves as the existing consultant to provide biological services to the City and the team proposed possesses the experience required. Reviews have consistently been issued within the 10-day turnaround timeframe, responses to applicants are provided within 24 hours, and site inspections occur in a timely manner, including next-day site inspections for urgent matters. During CJ Biomonitoring, LLC’s tenure with the City, Courtney McCammon, works well with City Departments and staff members.

The total cost for services is dependent upon applications received and demand for biological consulting services. The Consultant receives 70% of the fees charged for biology reviews. The City will retain 30% percent of the fees for administrative costs.

Due to the combined qualifications and experience of the proposed team, staff recommends the Mayor execute a professional services agreement with CJ Biomonitoring, LLC for biological consulting services to ensure continuity of services.

ATTACHMENTS:

1. Professional Services Agreement with CJ Biomonitoring, LLC

2. RFP

3. Responses to RFP
2 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of January 12, 2025 by and between the City of Malibu (hereinafter referred to as the "City"), and CJ Biomonitoring, LLC (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 biological consulting 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 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 January 23, 2025, and will remain in effect for a period of two years from said date unless otherwise expressly extended 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 the Scope of Work’s fee and cost schedule. No additional compensation shall be paid for any other expenses incurred unless first approved in writing by the City Manager, or his or her designee.

Attachment 1
3 Agreement for Professional Services
CJ Biomonitoring, LLC

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.

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, with or without cause, by giving the other party ten (10) calendar 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
CJ Biomonitoring, LLC

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, which the City may grant or deny in its sole and absolute discretion.

6.3 Non-Discrimination. The Consultant shall not discriminate as to race, creed, gender, color, national origin, sexual orientation, or any other protected category 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. Consultant further agrees to comply with all provisions in the attached Exhibit B which is incorporated herein.

6.5 Indemnification.

To the fullest extent permitted by law, Consultant shall indemnify and hold harmless City and any and all of its officials, employees, agents, and/or volunteers (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this Agreement. Consultant’s duty to indemnify and hold harmless City shall not extend to the City’s sole or active negligence or willful misconduct.

6.5.1. Duty to defend:

In the event the Indemnified Parties, individually or collectively, are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Consultant shall defend the Indemnified Parties at Consultant’s cost or at City’s option, to reimburse City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions. Payment by City is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and City, as to whether liability arises from the sole or active negligence or willful misconduct of the City or its officers, employees, or agents, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the Indemnified Parties as solely or actively negligent or to have acted with willful misconduct. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees, and costs of litigation.

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.
5 Agreement for Professional Services
CJ Biomonitoring, LLC

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 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 6 Agreement for Professional Services
CJ Biomonitoring, LLC

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 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/her 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 for the provisions of Section 6.5 and 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.
7 Agreement for Professional Services
CJ Biomonitoring, LLC

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:

CITY: Steve McClary CONSULTANT: Courtney McCammon
City Manager
City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265-4861
TEL (310) 456-2489 x 226
FAX (310) 456-2760
Owner and Principal Biologist
CJ Biomonitoring, LLC
4712 2nd Street, Suite 641
Long Beach, CA 90803
TEL (949) 285-7096
[email protected]

6.20 Warranty of Authorized Signatories and Acceptance of Facsimile or Electronic Signatures. 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. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

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.

City Initials ______
Consultant Initials ______ CJM
8 Agreement for Professional Services
CJ Biomonitoring, LLC

7.2 Disclosure not Required. By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.

City Initials ______
Consultant Initials ______
This Agreement is executed on _____________________, at Malibu, California, and effective as of January 23, 2025.

CONSULTANT:
_______________________________
By: COURTNEY MCCAMMON
Owner and Principal Biologist
CITY OF MALIBU:
___________________________________
DOUG STEWART, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
CJM
9 Agreement for Professional Services
CJ Biomonitoring, LLC

EXHIBIT A

SCOPE OF WORK
10 City of Malibu
23825 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-3356 · www.malibucity.org CJ Biomonitoring, LLC
Scope of Work

1. The Consultant shall maintain two staff members during the term of the agreement: Principal Biologist (Courtney McCammon) and Assistant Biologist.

2. Review and evaluate biological assessment reports, native tree protection plans, and all other reviews. Reviews shall be performed with reference to the requirements of the City’s Local Coastal Program, Zoning Ordinance, Subdivision Ordinance, and the Malibu General Plan; and provide City staff with specific recommendations regarding the acceptability of such reports/plans and provide detailed review comments to bring the report/plans in compliance with City requirements.

3. Conduct reviews, including but not limited to plan revisions, biology assessment, native tree protection plans, within ten (10) business days from the date of submittal of each. Conduct final inspections within one week of request. Turnaround times may be extended with expressed concurrence of the Planning Director.

4. Provide the applicant designee and the City a list of items needing clarification or change to achieve conformance with all State, Federal, or local regulations.

5. Reviews shall include but is not limited to a bibliography of referenced materials (e.g., studies, projects plans, inspection dates, meeting dates, etc.) and review history.

6. Prepare standard biology conditions of approval to be used in review of project applications and update as necessary.

7. Plan approval shall not be recommended to the City until all code compliance issues are resolved to the best of the applicant’s knowledge, and all requirements of the City have been satisfied.

8. Conduct final site inspections per the request of City staff or applicant and conduct field observation and recommendations as requested by City staff

9. Track conditions of compliance, such as, but not limited, to post-approval habitat restoration and monitoring and native tree protection monitoring.

10. As requested by the Planning Director, accept any and all documents electronically; including utilization of OnBase (records management system), and any additional electronic formats accepted by the City.

11. Respond within one (1) business day to questions from City staff and members of the public.

12. Hold routine office hours at City Hall on Tuesdays from 11:00 am to 12:30 pm. or longer depending on demand for servicces. This time will be utilized for appointments with applicants, meetings with staff, and review of project applications. Additional hours may be required. If City Hall is closed to walk-in traffic, virtual meetings shall be held on an as-needed basis. 11 CJ Biomonitoring, LLC 2

13. Hold public counter hours at City Hall on Tuesdays from 9:00 am to 11:00 am. If City Hall is closed to walk-in traffic, virtual meetings shall be held on an as-needed basis.

14. Maintain one (1) individual as the contact for all communication with the City.

15. Furnish assigned personnel with all necessary materials, resources, and training to conduct reviews, including a current copy of applicable City amendments, policies, procedures, and forms.

16. Attend and participate in local and regional meetings on behalf of the City; including locations other than Consultant’s office and Malibu City Hall.

17. Provide training for City staff as requested by the Planning Director.

18. Make presentations to City Council, public, and other agencies as requested by the Planning Director.

19. Attend Planning Commission and City Council meetings as requested by City staff.

20. Review biological section of various Environmental Impact Reports and initial studies for adequacy / completeness and propose mitigation measure and monitoring programs for compliance with goals, objection and policies of the Local Coastal Program and Malibu General Plan and best management practices.

21. Recommend modifications to the City’s guidelines and codes, as appropriate, to maintain conformance with the latest State regulations, laws and acceptable biological practices.

22. Attend court appearances, expert witness testimony, and legal research at the request of the City.

23. Chair the Environmental Review Board meetings, typically one per month, at the request of the Planning Director.

24. Maintain detailed accounting of fees including fixed fees and time and materials fees and issue fee balance statements to applicants. No work shall be conducted prior to fees collected.

25. Perform project management duties including the maintenance of the development database and tracking of deadlines, application submittal requirements, and workload. 12 City of Malibu
23825 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-3356 · www.malibucity.org CJ Biomonitoring, LLC 1
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 Scope of Work’s fee and cost schedule. The City shall pay the Consultant the fixed fee upon issuance of the first review.

No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his/her designee.

Fixed Fee Services:

Fixed Fees shall include amount of reviews as indicated below; does not include site inspections and meetings with applicants.

Additional reviews will be performed on a time and materials basis.

Service Performed Staff Name Title Estimated
Hours
Consultant Rate
Peer Review
Site Inspection Various Staff Various Staff 2.00 $330
Planning Revisions
*includes 1 review
Various Staff Various Staff 2.00 $330
Review: CDP (with ESH)
*includes 3 reviews
Various Staff Various Staff 8.00 $1,324
Review : CDP (without ESHA)
*includes 2 reviews
Various Staff Various Staff 4 .00 $662
CDP for OWTS Only
*includes 1 review
Various Staff Various Staff 1.50 $248
APR with Development (without
landscaping)
*includes 1 review
Various Staff Various Staff 2.00 $330
APR with Development (with
landscaping)
*includes 2 reviews
Various Staff Various Staff 4.00 $662
APR Landscaping Only
*includes 2 reviews
Various Staff Various Staff 3.00 $495
Time and materials review Various Staff Various Staff 1.00 $165/hour Attend Meetings Regular Business
Hours
Various Staff Various Staff 1.00 $175/hour
Attend Meetings After Hours Various Staff Various Staff 1.00 $200/hour 13

CJ Biomonitoring, LLC 2
Professional Services:

Fees for professional services are based on an hourly rate.

Service Performed Hourly Rate
General Day-time Hourly Rate $175.00
Evenings (after 5:30 PM) $200.00
Depositions, Court Appearances, Expert Witness, Legal Research $550.00* * This rate is only implemented if requested by a party other than the City and with approval from the City. Court appearances requested on the City’s behalf would be charged at the standard hourly evening rates (i.e. $175/hr) Miscellaneous
• Mileage, other than travel to and from the City (e.g, site visits, off site meetings), will be billed at the current federal rate.
• Costs for overnight or long-term jobs requiring lodging will include per Diem at a rate of $250.00 per day.

All rates listed above shall include overhead costs including, but not limited to salaries, benefits, insurance, and office expenses. If staff substitutions are necessary, the original rates listed above will still apply. 14 Agreement for Professional Services
CJ Biomonitoring, LLC

EXHIBIT B

INSURANCE LANGUAGE
Without limiting Consultant’s indemnification of City, and prior to commencement of work and/or services under this Agreement, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.

General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident.

Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).

Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

Umbrella or Excess Liability Insurance. Consultant shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
• “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies. 15 Agreement for Professional Services
CJ Biomonitoring, LLC

Should Consultant obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.

OTHER PROVISIONS OR REQUIREMENTS
Proof of Insurance. Consultant shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City for the contract period and any additional length of time required thereafter. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of Coverage. Consultant shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Consultant, their agents, representatives, employees, or subconsultants.

Primary/Noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.

City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.

Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and 16 Agreement for Professional Services
CJ Biomonitoring, LLC

shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of Contract Provisions (Non Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the City immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.

Additional Insured Status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

Prohibition Of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

Separation of Insureds. A severability of interests’ provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s Subcontractor cannot comply with this requirement, which proof must be submitted to the City, Consultant may still be able to utilize the Subcontractor provided Consultant shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements 17 Agreement for Professional Services
CJ Biomonitoring, LLC

sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with the Consultant’s requirements under this Agreement. This provision does not relieve the Consultant of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to 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.
18 Request for Proposals for
Biological Consulting Services
Date Issued: October 8, 2024
Proposals must be received no later than 4:00 p.m. on Friday, November 8, 2024 via email at the following address:

City of Malibu
Attn: Patricia Salazar, Development and Operations Manager [email protected]
Attachment 2
19 INTRODUCTION
The City of Malibu is seeking proposals from qualified firms to provide biological consulting services to the Planning Department and to act as technical advisors on issues relating to terrestrial biology. The contract shall be for a minimum of two years.

BACKGROUND
The City of Malibu (City) is a coastal city located in the northwestern portion of Los Angeles County, California, along 21 miles of the Pacific Ocean and has a population of approximately 10,654. The City is approximately 15 million visitors a year. The City is a general law city incorporated under California law in 1991. It operates under the Council/Manager form of government and is considered a contract city. The five Members of the City Council are elected at-large. They serve staggered four-year terms, with the Mayor being selected from among the Councilmembers. The City covers approximately 21 miles along the coast and offers a full range of municipal services. The City currently has 102.5 full-time employees and 12.69 full-time equivalent part-time employees. The City, organized into seven departments, provides a number of services in-house, including management and administrative services, building and safety, community services, environmental sustainability, planning, public works and engineering. The City’s Adopted Fiscal Year 2024-25 General Fund Operating Budget is $77.3 million, and the City’s overall Operating Budget is $99 million.

The Planning Department is the steward of the City’s General Plan. The Department assists the community in planning for the future and managing development consistent with the community vision, while meeting City regulatory obligations. Staff provides a wide range of professional advice and services to the public, applicants, outside agencies, the Planning Commission, and the City Council. The Planning Department provides current and long-range planning, biological services, and code enforcement, as well as a robust public information and records management program.

The Biological Services Consultant (also known as the “City Biologist”) reviews proposed Landscape Documentation Packages for compliance with the Malibu Municipal Code and Local Coastal Program, in addition to reviewing all other proposed projects for possible impacts to protected trees and Environmentally Sensitive Habitat Areas. The City Biologist may also serve as the chair of the Environmental Review Board. 20 City of Malibu RFP
Biological Consulting Services
October 2024

SCOPE OF WORK
The City is seeking qualified firms to provide biological consulting services. As part of this work, the selected consultant shall:

A. Assign a Principal Biologist (also known as the City Biologist) and Assistant Biologist to provide services and maintain one (1) individual as the contact for all communication with the City.

B. Respond within one (1) business day to questions from City staff and members of the public.

C. Review and evaluate biological assessment reports, native tree protection plans, and all other related reviews. Reviews shall be performed concerning the requirements of the City’s Local Coastal Program, Zoning Ordinance, Subdivision Ordinance, and the Malibu General Plan; and provide City staff with specific recommendations regarding the acceptability of such reports/plans and provide detailed review comments to bring the report/plans in compliance with City requirements (average 38 reviews per month).

D. Project review services shall be completed utilizing the City’s adopted plan review software (e.g., Bluebeam Studios) to, for example, markup plans with corrections and redlines and/or coordinate with other internal departments.

E. Conduct final site inspections per the request of City staff or applicant and conduct field observations and provide recommendations as requested by City staff (average 4-8 inspections per month).

F. Track conditions of compliance, such as but not limited to post-approval habitat restoration and monitoring and native tree protection monitoring.

G. Conduct reviews, including but not limited to plan revisions, biology assessment, and native tree protection plans, within ten (10) business days from the date of their submittal. Conduct final inspections within one week of request.

H. Hold routine office hours in person at City Hall. Typical City Hall public counter hours are on Tuesdays from 9:00 am to 11:00 am. This time will be utilized for appointments with applicants, meetings with staff, and review of project applications.

I. Attend and participate in local and regional meetings on behalf of the City; including locations other than the Consultant’s office and Malibu City Hall.

J. Provide training for City staff as requested by the Planning Director.

K. Make presentations to City Council, the public, and other agencies as requested by the Planning Director.

21 City of Malibu RFP
Biological Consulting Services
October 2024

L. Attend Planning Commission and City Council meetings as requested by the Planning Director.

M. Review biological section of various Environmental Impact Reports and initial studies for adequacy / completeness and propose mitigation measure and monitoring programs for compliance with goals, objectives and policies of the Local Coastal Program and Malibu General Plan and best management practices.

N. Recommend modifications to the City’s guidelines and codes, as appropriate, to maintain conformance with the latest State regulations, laws and acceptable biological practices.

O. Attend court appearances, provide expert witness testimony, and conduct legal research at the request of the City.

P. Chair the Environmental Review Board meetings, typically held once per month, at the request of the Planning Director.

Q. Maintain detailed accounting of fees including fixed fees and time and materials fees, and issue fee balance statements to applicants.

R. Perform project management duties including the maintenance of the development database, and tracking of deadlines, application submittal requirements, and workload.

THE PROPOSAL
Proposals should not include any materials to be returned to the Consultant and should be concise. Each proposal must include the following information:

1. Organization, Credentials and Experience
A. Provide a summary of the company’s qualifications, credentials and related past experience.

B. Provide resumes of the assigned Principal and Assistant Biologist in performing this type of work which highlight special qualifications relevant to the assignment, and specific reference to experience in coastal cities, coastal habitats, Environmentally Sensitive Habitat Areas (ESHA) and other sensitive habitats.

C. Provide a list of three (3) of the company’s similar clients including the names, titles, addresses, and telephone numbers of the appropriate persons which the City can contact.

22 City of Malibu RFP
Biological Consulting Services
October 2024

2. Professional Services Agreement
The selected Consultant must use and comply with the terms and conditions of the City’s standard Professional Services Agreement as provided in Attachment 2 of this RFP.

3. Compliance
Provide a written statement that the Consultant shall comply with the California Labor Code pursuant to said regulations entitled: Federal Labor Standards provisions; Federal Prevailing Wage Decision; State of California Prevailing Wage Rates, and the City of Malibu’s Minimum Wage Ordinance respectively.

4. Litigation
Firms are required to list past, current, or pending litigation resulting from professional services rendered over the past five years. If a court or an arbitrator rendered a decision, state the results.

5. Fees.

Under Separate Cover, provide two rate proposals: 1) fixed fees services for application reviews; and 2) professional rate proposal. The professional rate proposal shall include hourly rates for all personnel and identify the hours and costs per task. The Proposal must include the following tables:

Planning Application Review Fees
Service Performed Estimated
Hours
Current Consultant
Rate
Proposed Consultant
Rate
Site Inspection 2.00 $300
Planning Revisions
*includes 1 review

2.00 $300
Review: CDP (with ESH)
*includes 3 reviews

8.00 $1,204
Review: CDP (without ESHA)
*includes 2 reviews
4 .00 $602
CDP for OWTS Only
*includes 1 review

1.50 $226
APR with Development (without
landscaping)
*includes 1 review

2.00 $300
APR with Development (with
landscaping)
*includes 2 reviews

4.00 $602
APR Landscaping Only
*includes 2 reviews

3.00 $450
Time and materials review 1.00 $150/hour
23 City of Malibu RFP
Biological Consulting Services
October 2024

Service Performed Estimated
Hours
Current Consultant
Rate
Proposed Consultant
Rate
Attend Meetings Regular
Business Hours

1.00 $150/hour
Attend Meetings After Hours 1.00 $175/hour
Professional Rates
Service Performed Hourly Rate Proposed
Hourly Rate
General Day-Time Hourly Rate $150
Evenings (after 5:30 PM) $175
Depositions, Court Appearances, Expert Witness, Legal
Research
$470
All rates listed above shall include overhead costs including, but not limited to salaries, benefits, Workers' Compensation Insurance, office expenses, mileage and courier service.

If staff substitutions are necessary, or if staff is promoted, the original rates listed above will still apply.

6. Timeline
Contract will be awarded for services to begin January 23, 2025 for a two-year term.

PROPOSAL PROCEDURE
Clarifications: The City will respond to requests for clarification to the RFP in written Addendum(s) as needed. Inquiries should be directed by email only to [email protected]. No verbal requests will be accepted. All requests for clarification must be received by Friday, October 25, 2024.

Proposal Deadline: Submit an electronic copy of the complete proposal to:

Patricia Salazar, Development and Operations Manager
City of Malibu Planning Department
23825 Stuart Ranch Road
Malibu, CA 90265
[email protected]
All proposals are due no later than 4:00 p.m. on Friday, November 8, 2024. The City reserves the right to extend the deadline or accept a late submittal with good cause shown.
24 City of Malibu RFP
Biological Consulting Services
October 2024

Evaluation Criteria: Proposals will be evaluated based primarily on proposal quality, experience, and performance in oral interviews (if necessary).

Response Preparations: No reimbursement will be made by the City for costs incurred in the preparation of the response to this RFP. Submitted materials will not be returned and become the property of the City of Malibu.

The City reserves the right to select a consultant without interviews. However, shortlisted firms may be invited to meet with the selection committee. The presentation portion of the interview will be limited to no more than 10 minutes, with up to another 30 minutes set aside for questions and answers. The interviews will be only include the Principal and Assistant Biologist.

Right to Reject Proposals: Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposal unless clearly and specifically noted in the proposal submitted and confirmed in the agreement between the City of Malibu and the firm selected. The City of Malibu reserves the right without prejudice to reject any or all proposals.

ATTACHMENT: Sample Professional Services Agreement
25 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of [date] by and between the City of Malibu (hereinafter referred to as the "City"), and _____________ (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 biological consulting 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 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 January 23, 2025, and will remain in effect for a period of two years from said date unless otherwise expressly extended 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 the Scope of Work’s fee and cost schedule. No additional compensation shall be paid for any other expenses incurred unless first approved in writing by the City Manager, or his or her designee.
26 Agreement for Professional Services
[Consultant]

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.

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, with or without cause, by giving the other party ten (10) calendar 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. 27 Agreement for Professional Services
[Consultant]

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, which the City may grant or deny in its sole and absolute discretion.

6.3 Non-Discrimination. The Consultant shall not discriminate as to race, creed, gender, color, national origin, sexual orientation, or any other protected category 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. Consultant further agrees to comply with all provisions in the attached Exhibit B which is incorporated herein.

6.5 Indemnification.

To the fullest extent permitted by law, Consultant shall indemnify and hold harmless City and any and all of its officials, employees, agents, and/or volunteers (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this Agreement. Consultant’s duty to indemnify and hold harmless City shall not extend to the City’s sole or active negligence or willful misconduct.

6.5.1. Duty to defend:

In the event the Indemnified Parties, individually or collectively, are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Consultant shall defend the Indemnified Parties at Consultant’s cost or at City’s option, to reimburse City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions. Payment by City is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and City, as to whether liability arises from the sole or active negligence or willful misconduct of the City or its officers, employees, or agents, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the Indemnified Parties as solely or actively negligent or to have acted with willful misconduct. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees, and costs of litigation.

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 28 Agreement for Professional Services
[Consultant]

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 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 29 Agreement for Professional Services
[Consultant]

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 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/her 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 for the provisions of Section 6.5 and 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, 30 Agreement for Professional Services
[Consultant]

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:

CITY: Steve McClary CONSULTANT:

City Manager
City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265-4861
TEL (310) 456-2489 x 226
FAX (310) 456-2760

6.20 Warranty of Authorized Signatories and Acceptance of Facsimile or Electronic Signatures. 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. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

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.

City Initials ______
Consultant Initials ______
31 Agreement for Professional Services
[Consultant]

7.2 Disclosure not Required. By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.

City Initials ______
Consultant Initials ______
This Agreement is executed on _____________________, at Malibu, California, and effective as of January 23, 2025.

CONSULTANT:
_______________________________
By:

CITY OF MALIBU:
___________________________________
DOUG STEWART, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
32 Agreement for Professional Services
[Consultant]

EXHIBIT A

SCOPE OF WORK
33 Agreement for Professional Services
[Consultant]

EXHIBIT B

INSURANCE LANGUAGE
Without limiting Consultant’s indemnification of City, and prior to commencement of work and/or services under this Agreement, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.

General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident.

Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).

Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

Umbrella or Excess Liability Insurance. Consultant shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
• “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies. 34 Agreement for Professional Services
[Consultant]

Should Consultant obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.

OTHER PROVISIONS OR REQUIREMENTS
Proof of Insurance. Consultant shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City for the contract period and any additional length of time required thereafter. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of Coverage. Consultant shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Consultant, their agents, representatives, employees, or subconsultants.

Primary/Noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.

City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.

Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and 35 Agreement for Professional Services
[Consultant]

shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of Contract Provisions (Non Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the City immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.

Additional Insured Status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

Prohibition Of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

Separation of Insureds. A severability of interests’ provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s Subcontractor cannot comply with this requirement, which proof must be submitted to the City, Consultant may still be able to utilize the Subcontractor provided Consultant shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements 36 Agreement for Professional Services
[Consultant]

sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with the Consultant’s requirements under this Agreement. This provision does not relieve the Consultant of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to 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.
37 City of Malibu
23825 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-3356 · www.malibucity.org Addendum No. 1
Request for Proposals for Biological Consulting Services Posted: October 30, 2024
NOTICE IS HEREBY GIVEN to all prospective proposers that the deadline to submit proposals is 4:00 PM, FRIDAY, NOVEMBER 8, 2024. Submit proposals to [email protected].

Clarifications:

Question 1: What firm is currently the incumbent and are they serving both roles as Principal and Assistant Biologist?
A. CJ Biomonitoring, Inc. is the current incumbent. They serve as Principal and Assistant Biologist.

Question 2: Can a firm respond only to one role (i.e. Principal or Assistant)? A. The City prefers to obtain one agreement for both roles.

Question 3: What are the City’s expectations (e.g. time) for the Assistant Biologist? It is expected that the Assistant Biologist will only cover public counter hours when the Principal Biologist is unable to attend or to assist with reviews, if needed.

Question 4: The firm is proposing two individuals for this agreement. Over the time of the agreement, can the individuals be substituted?
A. The City will not accept any substitutes for the Principal Biologist as this role serves as the City Biologist. A two-year commitment is required. However, the City will accept substitutes for the Assistant Biologist.

Question 5: Compliance Biology (aka Dave Crawford) previously held the position for many years and does this firm still hold any contracts with the City of Malibu?

A. No, this firm does not currently have an agreement with the City of Malibu. 38 October 18, 2024
Patricia Salazar, Development and Operations Manager
Biological Consulting Services RFP
City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265
SUBJECT: Response to Request for Professional Services; Biological Consulting Services Dear Ms. Salazar:

CJ Biomonitoring, LLC is pleased to submit a proposal for the City of Malibu’s request for proposal for Biological Consulting Services and to continue to provide the City with such services. For the past three years, Courtney McCammon of CJ Biomonitoring has performed the role of Contract Biologist for the City of Malibu during which time she has conducted a multitude of reviews for proposed development and site inspections. Prior to becoming the Contract Biologist, Ms. McCammon was the Assistant City Biologist for several years, attending public counter hours and answering questions from the public. In addition, Ms.

McCammon has chaired many Environmental Review Board meetings for a variety of proposed developments in her time as the Contract Biologist. Ms. McCammon has worked closely with City Planning staff, to collaborate on biologically complicated or sensitive projects and she hopes to continue to do so in the future.

The attached pages provide our understanding of the required services and the associated payments for each. CJ Biomonitoring understands that all contents of this proposal are firm and binding for a period of 90 days. The following is our contact information:

Courtney McCammon
CJ Biomonitoring, LLC
Cell phone: 949-285-7096
Email: [email protected]
CJ Biomonitoring confirms, under penalty of perjury, that they comply with the nondiscrimination requirements of the State and Federal Governments.

Sincerely,
Courtney McCammon
Owner and Principal Biologist
CJ Biomonitoring, LLC
Attachment 3
39 A. TECHNICAL COMPONENT

1. Introduction
We understand the services to be provided to the City to be as follows:

The biology team, working under the direction of the Planning Director, would conduct reviews, and provide technical expertise and recommendations associated with applications for proposed development projects in the City of Malibu. The City Biologist is expected to conduct final site inspections prior to the issuance of a Certificate of Occupancy. Weekly office hours are expected to be held during public counter hours on Tuesdays from 9 – 11AM. The team would also provide technical assistance with environmental documentation and review with respect to Negative Declarations, Mitigated Negative Declarations, and Environmental Impact Reports. The Principal Biologist is responsible for chairing the Environmental Review Board, holding monthly meetings as needed. The Principal Biologist attends Planning Commission and City Council meetings on an as-needed basis. Further, the City Biologist will assist all City personnel with biological needs including Code Enforcement, Public Works, and Parks and Recreation Departments.

Additionally, over the past few years, we understand response times to permit application submittals have become more important to the City. In that light, Ms. McCammon will work closely with Planning Department staff in providing early responses to permit applications. If selected, it would be our primary focus to continue to ensure timely responses through preliminary reviews and to maintain a process of rapid responses and complete evaluations of permit applications. We also fully understand the importance of fee and budgetary tracking and will work closely with departmental administration to ensure all fees and billings are consistent with the City’s requirements.

2. Qualifications
a. CJ Biomonitoring has been providing biological services to both public and private clients since 2017.

Courtney McCammon has served as the City of Malibu Contract Biologist since 2021. Additionally, Ms.

McCammon assisted the City of Laguna Beach with several Public Works projects in 2020 and 2023 to perform environmental worker training, construction monitoring, and general oversight of the biological resources associated with the area. Ms. McCammon continues to work closely with the project manager to implement restoration monitoring and as-needed nesting bird surveys. Ms. McCammon has a history of working with public and private entities on various biological projects throughout the southern California area. In the position of Malibu’s Contract City Biologist, Ms. McCammon attends to public inquiries, reviews permit applications including new single-family residences, landscaping, and wastewater treatment system locations. She also chairs the Environmental Review Board meetings for proposed development that have environmental impact within the City of Malibu.

As an independent consultant, Ms. McCammon has performed many Biological Inventories and Biological Assessments within the Coastal Zone, beyond the City limits of Malibu. As a result, Ms.

McCammon has developed an expertise in local regulations and policies, including, but not limited to, 40 identification and mapping of Environmentally Sensitive Habitat Areas (ESHAs), H1-H3 designated habitat, and other sensitive habitats.

Mr. Ryan Kinzel would provide services as the Assistant City Biologist on an as-needed basis. Mr.

Kinzel is currently the Junior Urban Ecologist for the City of Los Angeles providing technical guidance to the Department of Recreation and Parks. Additionally, Mr. Kinzel worked for the City of Los Angeles Sanitation and Environment, assisting in pushing forward various key documents such as the “Los Angeles Biodiversity Guidelines”. He also organized and led habitat restoration locally in the eastern Santa Monica Mountains, engaging with the community and various stakeholders in the process. Mr.

Kinzel has a history of working well with community leaders, City staff, and other industry experts to provide technical biological expertise for various projects. b. Courtney McCammon is the key person at CJ Biomonitoring that, if selected, would fill the position of City Biologist. An assistant will be helpful for ensuring that the public counter hours are always staffed in the event that the City Biologist is out on vacation or for other reasons. Though not often necessary, should something come up requiring expertise outside of Ms. McCammon’s or Mr. Kinzel’s experience, Ms. McCammon is associated with a number of highly experienced professionals that could assist at the approval of City Staff. Ms. McCammon will be available at the City one day per week as required in the RFP and will provide extra hours of review time as needed, based on backlog of applications.

Additionally, Ms. McCammon would be available to attend Planning Commission, City Council hearings, and Environmental Review Board as needed.
c. Historically, the need for assistance was not very common. The Contract City Biologist desires to have an assistant to avoid any gap in public counter hours and services to the community members. Therefore, Ms. McCammon has selected Mr. Kinzel, a qualified biological consultant in the Los Angeles region.

Mr. Kinzel will provide assistance by staffing public counter hours when the Contract City Biologist is away offering guidance to the general public and offering in person knowledge on the City codes. Mr.

Kinzel will always have access to the Contract City Biologist to confirm any code interpretations prior to giving answers to City staff or the public.

Resumes for both Ms. McCammon and Mr. Kinzel are provided as Attachment A. d. The following provides three professional references for Courtney McCammon:

Mr. Pierre Sawaya Mr. Dan Duncan
Senior Project Manager Environmental Administrator
City of Laguna Beach City of Santa Clarita
[email protected] [email protected]
(949) 497-0751 (661) 255-4348
Samantha Neary Additional references for
Project Scientist II Ms. McCammon or Mr. Kinzel are
Trileaf available upon request
[email protected]
(847) 513 - 3753
41 3. Scope of Work
Ms. McCammon has served as the City Biologist since 2021 after she worked as the Assistant for two years learning the nuances of the City of Malibu. She has created an efficient system for reviewing permit applications and performing landscape inspections that the public is now familiar with. As the City Biologist, Ms. McCammon has decreased the average review time for permit applications to approximately seven (7) business days, which is less than the required ten (10) business days. The average amount of reviews completed each month is approximately thirty-eight (38) and it is expected to continue at the same frequency. This includes being available to answer questions of the public, review of permit applications, and performing final landscape inspections when applicants are requesting a Certificate of Occupation. She has been able to streamline the review process and has an efficient system for addressing the needs of the public and City staff. Ms. McCammon will continue to respond to the needs of City staff within one (1) business day allowing for regular phone calls and Zoom meetings with staff planners. The level of coordination between City staff and the City Biologist has increased greatly leading to a “team approach” on complicated projects. Other duties include assisting Planning staff with questions regarding biological resources, as well a review of City projects and CEQA documents. With the increased importance of rapid response times to applicants, Ms. McCammon will utilize a system of preliminary review that will provide a general acknowledgement of application receipt and direction regarding completeness of the application documentation. As such, all applicants should receive a response to their application within the required ten (10) days of submittal. Following preliminary reviews, responses to phone messages, emails, and staff questions, Ms. McCammon will conduct thorough reviews of each application for consistency with City codes and the LCP. Required meetings and site inspections will typically occur in the morning hours prior to counter hours.

As necessary, the Assistant Biologist may be utilized to provide preliminary reviews, perform final landscape inspections, or assist with CEQA document review. The Planning Director will be included in the determination to utilize the Assistant Biologist. 42 B. COST COMPONENT
The standard billing rate for the Principal Biologist would be $175.00 per hour and Assistant Biologist would be $100.00 per hour. Additional rates and costs are included in CJ Biomonitoring’s 2024-2026 Fee Schedule provided as Attachment B.

Following discussions with Planning Department administration, it is our understanding that a 70/30 Fixed Fee system of payment will be initiated upon implementation of the contract. The fees have been increased to reflect the increased cost of doing business. The following provides a schedule of fees for additional services and direct costs.

General Daytime Hourly Rates
Principal Biologist (Courtney McCammon) $175.00/hr
Assistant Biologist $100.00/hr
Evening (after 5:30 pm) Meetings, City Council, Planning Commission, etc.

Principal Biologist $200.00/hr
Assistant Biologist $125.00/hr
Depositions, Court Appearances, Expert Witness/Legal Research Principal Biologist $550.00/hr*
* This rate is only implemented if requested by a party other than the City and with approval from the City.

Court appearances requested on the City’s behalf would be charged at the standard hourly evening rates (i.e. $200/hr)
Miscellaneous
• Costs for overnight or long-term jobs requiring lodging will include per Diem at a rate of $300.00 per day.

All rates listed above shall include overhead costs including, but not limited to salaries, benefits, insurance, and office expenses. If staff substitutions are necessary, the original rates listed above will still apply. 43 Attachment A Resumes for Courtney McCammon and Ryan Kinzel Certificates of Insurance for General Liability and Automobile shall follow under separate cover.

Please do not hesitate to contact me if you have any questions regarding the proposal information and I look forward to speaking with you directly.
44 Attachment A
Resumes of Key Personnel
45 EDUCATION
B.S., Biology,
Loyola Marymount University,
2012
M.S., Urban Ecology,
Loyola Marymount University,
2014

ARTICLES/ACCOLADES

LA TIMES ARTICLE

KUDOBOARD

CERTIFICATIONS/

REGISTRATIONS
Scientific Collector’s Permit # S193460010-22060-001 (exp. 3/7/26)
Arroyo Toad Workshop, April
2024
Certified Wildlife Tracker,
CyberTracker, 2016 & 2017
CNDDB & BIOS training, CDFW,
Aug, 2017
Introductory GIS class, Pace
University, Fall 2017
Southwest Desert Bat
Workshop, Oct. 2017
San Joaquin Kit Fox Workshop,
Oct. 2017
Desert Tortoise Introductory
Training, Nov. 2017
Southwestern Willow Flycatcher
Workshop, May 2018
Jurisdictional Delineation
Training, October 2019

EXPERIENCE
CJ Biomonitoring LLC (Nov 2017
Courtney McCammon, B.S., M.S
WILDLIFE BIOLOGIST/OWNER – CJ BIOMONITORING, LLC

DETAILED PROJECT EXPERIENCE
City of Laguna Beach Public Works – Bluebird Canyon Project (March – Sept 2023) Ms. McCammon completed all aspects of this project from start to finish including proposal writing, project management, billing, team coordination, and final reporting. The project required pre-construction surveys and reporting, which Ms.

McCammon was able to complete in a timely manner and not delay construction. A WEAP training document was also created, and training was held in person. The construction monitoring required a biologist on site with monitoring reports sent, which was completed by CJ Biomonitoring. Finally, the project required a Habitat Mitigation and Monitoring Plan with in-field implementation, which Ms. McCammon wrote for the Public Works Department based on construction impacts. Ms.

McCammon was able to stay in budget while also following the mitigation measures outlined for the project.

City of Malibu – Contract Biologist, Los Angeles, CA (2021-present) Ms. McCammon is the acting Contract Biologist for the City of Malibu conducting onsite inspections, reviewing permit applications, and attending Environmental Review Board meetings. She is completing approximately 20 reviews per month and answers questions over email to applicants. The Principal Biologist attends Planning Commission and City Council meetings on an as-needed basis. Further, the City Biologist will assist all City personnel with biological needs including Code Enforcement, Public Works and Parks and Recreation Departments. This role requires project management including direct contact with the client, ensuring satisfaction of scope of services, billing, and invoicing.

City of Los Angeles – Contract Urban Ecologist, Los Angeles, CA (2022 – present) Ms. McCammon is the first contracted urban ecologist for the City of Los Angeles Recreation and Parks Department. The position is highly variable and requires Ms.

McCammon to be skilled in multiple avenues. Some of the work includes formal and informal biological surveys, nesting bird surveys, interpretive signage, employee training on biological resources, a management plan for Griffith Park, film permit review, and guided nature walks. The primary park is Griffith Park but Ms.

McCammon has visited other parks throughout the city of Los Angeles guiding the Department through biological and ecological management issues and keeping them in line with state and federal regulations.

PROJECT EXPERIENCE

SUBCATEGORY FOR PROJECTS - GENERAL BIOLOGICAL ASSESSMENTS ▪ City of Santa Clarita Public Works – Sand Canyon Trail Project (April – May 2024) Ms. McCammon performed complete project management of biological mitigation measures for the City of Santa Clarita’s Sand Canyon Trail Project. CJ Biomonitoring performed pre-construction surveys, construction monitoring, and general oversight of the biological resources associated with the area.

Routine daily monitoring reports were submitted detailing construction activities as well final reports detailing survey results were submitted in a timely manner within a week of the surveys being performed.
46 Courtney McCammon, B.S., M.S, Page 2
– present)
Compliance Biology (Nov 2017 –
2021)
Woodstar Biological (Nov 2017 –
2022)
Cooper Ecological Monitoring
(March 2015 – 2023)
Rincon Consultants, Inc. (July –
Nov 2017)
VCS Environmental (May – July
2017)
Forde Biological (Oct. 2016 –
Nov 2017)
E Read & Associates (Jan. 2013 –
Jan. 2016)
Irvine Ranch Conservancy (June
2015 – June 2017)
Ecokai Environmental (April
2013 – Jan. 2016)
▪ City of Laguna Beach Public Works – Moss Street Project (Oct 2023 – May 2024) Ms. McCammon performed complete project management of biological mitigation measures for the City of Laguna Beach’s Moss Street Beach Access Project. CJ Biomonitoring performed environmental worker training, preconstruction surveys, construction monitoring, and general oversight of the biological resources associated with the area. Ms. McCammon attended regular meetings with City staff on timeline and project goals that needed to be met.

Routine daily monitoring reports were submitted detailing construction activities as well final reports detailing survey results were submitted in a timely manner within a week of the surveys being performed.
▪ City of Santa Clarita Public Works – Whites Canyon Project (March – June 2023) Ms. McCammon performed pre-construction and periodic construction monitoring on a 2-mile stretch of Whites Canyon Road in the City of Santa Clarita. CJ Biomonitoring kept in communication with City personnel and the construction foreman in order to organize nesting bird surveys and construction monitoring efforts.
▪ Friends of Griffith Park – Raptor Survey, Los Angeles, CA (2017 - 2023) Co-managed the citizen science Los Angeles Nesting Raptor Survey for seven years. Courtney made the volunteer training modules and performed the training. Being a novel scientific survey, protocols were established, and Ms.

McCammon was constantly involved in that process. She co-managed all aspects of the survey including data management, volunteer management, and report writing. Coordination with LA City RAP, Film LA Office, and the Friends of Griffith Park occurred every year to ensure the protection of natural resources while still allowing for public enjoyment of the park.
▪ City of Laguna Beach Public Works – Laguna Creek Project (May 2020 – Dec 2020)
Ms. McCammon assisted the City of Laguna Beach with a Public Works project in 2020 to perform environmental worker training, construction monitoring, and general oversight of the biological resources associated with the area. Ms.

McCammon continues to work closely with the project manager to implement restoration monitoring and as-needed nesting bird surveys. Acted as an on-site biological monitor during the demolition, grading, and construction of a new pedestrian bridge over the Laguna Canyon Creek.
▪ Trileaf – Various Biological Assessments County of Santa Barbara (2024) Ms. McCammon performed several biological assessments for various parcels within the County of Santa Barbara.
▪ FivePoint Mission Village - Newhall Ranch, CA (Nov 2017 - 2022) Brown-headed cowbird trapping program, camera trap study, small mammal trapping, pitfall traps, riparian nesting bird surveys, owl surveys, biological construction monitoring, capture and relocation of sensitive and non-sensitive wildlife. Additionally, Ms. McCammon assisted with least bell’s vireo surveys along the Santa Clara River under the direction of a lead biologist. ▪ City of Malibu – Contract Assistant Biologist, Los Angeles, CA (2019-2021) Ms. McCammon was the acting assistant to the Biologist for the City of Malibu conducting on-site inspections, reviewing permit applications, and attending ERB meetings She was completing approximately 20 reviews per month with oversight by the Biologist. Ms. McCammon also answered questions over email to applicants.
47 Courtney McCammon, B.S., M.S, Page 3
▪ Biological Assessment, Tree Report, HMMP – RCD (April 2021) Subcontracted to the Resource Conservation District to write a biological assessment with habitat mapping, a native tree report, and a Habitat Mitigation and Monitoring Plan for the Topanga Elementary School in Topanga, CA. ▪ Multi-Use Trail and Bridge Project – City of Santa Clarita (Aug – Oct 2020) Conducted a biological assessment including a plant inventory and jurisdictional delineation for a multi-use trail and bridge construction project. ▪ Jurisdictional Delineations – Various Private Residents (2019 - present) Prepare detailed jurisdictional delineation reports for various clients within LA County.
▪ Biological Assessment and CAGN Surveys – Private Client (Aug ‘20 – March ‘21) Conducted a biological assessment and protocol-level coastal California gnatcatcher surveys for a private client in the Santa Clarita area. ▪ Vasquez Biological Assessment – Watershed Council Authority (May – Oct 2020) Sub-contracted for Cooper Ecological, Inc performing bird, vegetation, and camera trapping surveys on an acquired parcel in the San Gabriel foothills. ▪ Restoration Plans – Various Private Residents (2018 - present) Prepare detailed habitat restoration plans for various clients within LA County meeting all requirements including SMM plant species, irrigation, a monitoring plan, etc.
▪ City of Malibu and County of Los Angeles Biological Assessment – Various Private Residents (Jan 2018-2021)
Complete all aspects of biological assessments and biological inventories per City of Malibu or County of Los Angeles requirements for various clients with ESHA/SEA, jurisdictional waters, and protected trees on site. ▪ Las Virgenes Creek Restoration Project – Calabasas, CA (Dec 2018/Jan 2019) Approved by the FWS to monitor for California Red-legged Frog during a creek restoration project during the breeding season.
▪ Pacific Flyway Shorebird Survey – Sacramento, CA (Oct 2018 – Jan 2020) Project coordination and volunteer management for the 2018 season for Audubon California.
▪ Soto Bridge Bat and Bird Survey – Los Angeles, CA (August 2018) Conducted bat roosting daytime and nighttime survey to determine if certain species were present on site and any mitigation measures that were required. ▪ Puente Hills Habitat Authority Camera Project - Whittier, CA (Jan - July 2018) Wildlife camera trap project comparing results from a similar 2013 camera trap project. Data informed Puente Hills Habitat Authority management decisions. ▪ On-call Biologist for Puente Hills Habitat Authority - Whittier, CA (Spring 2018) Biological monitoring and nesting bird surveys on request. ▪ San Dimas Bat Survey – San Dimas, CA (May 2018)
Conducted bat roosting daytime and nighttime survey to determine if certain species were present on site and any mitigation measures that were required. ▪ LA County Dept. of Beaches & Harbors – Nicholas Canyon County Beach, Malibu, CA (November 2017)
Approximately 30 hours of snowy plover monitoring during a beach bridge demolition and haul away.
48 Courtney McCammon, B.S., M.S, Page 4
▪ Rincon – perform various habitat assessment, compliance monitoring, and construction monitoring for various clients including SoCal Gas and Kiewit.

Authored burrowing owl, nesting bird, and MSHCP reports. ▪ VCS Environmental – perform Burrowing Owl habitat assessment and focused surveys in Riverside County (2017).
▪ Hollywood Bowl, Mammal Survey at Hollywood Bowl, Los Angeles, CA (2015) Ms. McCammon completed a mammal survey for the Hollywood Bowl utilizing camera traps placed on the property. She was involved in all aspects including budget costs, maintaining data and equipment, and writing a final report. The survey found coyote, bobcat, and mule deer use of the site on a frequent basis. ▪ Southern California Edison – Santa Ana River, Bishop Creek, and Mill Creek Hydroelectric Project, Southern California, (2013 – 2015) Vegetation surveys in Eastern Sierra riparian and riverine habitat focusing on plant type, plant coverage, and tree identification/coverage. ▪ Southern California Edison – Ayersman Line Construction Monitoring, Santa Barbara, CA (2016)
Perform pre-construction surveys for sensitive and non-sensitive flora and fauna as well as perform construction monitoring during an electrical line replacement project on National Forest Service land.
▪ Playa Vista Foundation – Ballona Freshwater Marsh and Ballona Corridor Nesting Bird and LBVI Survey – Los Angeles, CA (2017)
Perform weekly nesting bird surveys in riparian habitat focusing on LBVI presence and nesting.
▪ EcoKai Environmental – Ventura State Beach Boat Salvage and Snowy Plover monitoring – Ventura, CA (2016)
Perform pre-construction monitoring on sensitive and non-sensitive avian species at Ventura State Beach. Perform construction monitoring during the boat salvage activities.
▪ E Read and Associates – Joshua Tree survey, Palmdale, CA (2014) Perform a Joshua Tree survey on a future mining operation site in Palmdale focusing on tree health, height, and coverage for potential preservation efforts. ▪ CalTrans – Coal Canyon Wildlife Undercrossing Monitoring and Restoration Project, Chino Hills, CA (2016 - 2017)
Co-managed all aspects of the project including preparing a project proposal and budget, purchasing all equipment, and maintaining the database. Attended collaboration meeting with CalTrans, CDFW, and CA State Parks to discuss project. Installed seven remote cameras to monitor wildlife utilizing the undercrossing to assess effectiveness of various restoration techniques. ▪ Private Resident – LA City Council Motion #14-0518 wildlife corridor monitoring, Beverly Hills, CA (2015 – 2017)
In accordance with the LA City Council, several remote cameras were installed at two different houses in the City of Los Angeles to identify whether an active wildlife corridor was present on site.
▪ City of San Clemente – Shorecliffs Golf Course Nesting Bird Survey and SAA compliance monitoring, San Clemente, CA (2017)
Perform weekly nesting bird surveys for common bird species. Perform construction monitoring to ensure accordance with SAA. Update the nest monitoring log and send to CDFW on a weekly basis.
49 Courtney McCammon, B.S., M.S, Page 5
• Irvine Ranch Conservancy – Wildlife Camera Program, Orange County, CA (2015 – 2017)
Manage the camera trap program for OC Parks, City of Irvine, and City of Newport Beach. Perform regular data analysis for presentations to agency staff.

RESEARCH PROJECT EXPERIENCE
MESOPREDATOR USE AND MOVEMENT STUDY - MASTER’S THESIS
A two-year graduate research project analyzing native and non-native mesopredator use and movement patterns at an urban nature preserve in the Los Angeles region.

In this study Mrs. Aiken:
▪ Communicated and coordinated with key stakeholders such as the City of L.A., The Bay Foundation, Heal the Bay, Palos Verdes Land Conservancy, and L.A.

County Dept. of Beaches and Harbors.
▪ Managed a large and complex data set and utilized GIS for the analysis and presentation of animal movement.
▪ Presented project results at six conferences including a Master’s Thesis Defense at LMU.
50 EXPER IENCE

RYAN KINZEL

CITY OF LA RECREATION & PARKS
Jr. Urban Ecologist (contract position)
(February 2024 - Present)
Provided expertise for the protection and enhancement of biological resources in Griffith Park and other regional parks.

Conducted nesting bird surveys ensuring compliance with CDFW regulations.

Wrote technical reports and monitored impactful City activities in ecologically sensitive habitats.

Supported citywide invasive plant mapping to inform habitat restoration efforts.

Organized and led volunteer events, including habitat restoration, BioBlitzes, and nature hikes.

Helped train City arborists and filming monitors on nesting bird identification.

Represented the Department at public events, including tabling at various City events and guiding Mayor Karen Bass on an Earth Day tour.

CITY OF LA SANITATION & ENVIRONMENT
Green & Brown Infrastructure Fellow
(August 2022 - September 2023)
Improved my understanding of LA's biodiversity, staying updated on news and policies.

Provided edits and expertise to City documents, including the LA Biodiversity Guidelines and the City Invasive Weed Index.

Designed and developed outreach materials, including an Urban Nature Guide, in collaboration with various site managers.

Organized and led habitat restoration events in the Sepulveda Basin.

Created and presented materials, such as iNaturalist training, to City staff, students, and community members.

Supported City Healthy Soil initiatives through potential composting site assessments.

ROCKY MOUNTAIN CONSERVATION CORPS
Crew Leader
(May 2022 - August 2022)
Led and managed teams in completing conservation projects in remote areas of Colorado.

Developed leadership and team management skills.

Oversaw trail maintenance, erosion control, invasive removal, and habitat restoration projects.

UNIVERSITY OF CALIFORNIA NATURAL RESERVE SYSTEM
Student Ecology Apprenticeship
(March 2022 - May 2022)
Improved my research and analysis skills with field ecology at multiple UC Natural Reserves, spanning a variety of ecosystems.

Published a research paper on the relationship between Woodrats and Cholla, utilizing statistical analysis software, such as JMP, for data interpretation.

Gained hands-on experience in field surveys and plant species identification. 51 SELVA ECOGARDENS
Native Plant Landscaper
(June 2021 - March 2022)
Installed native Southern California plants, emphasizing biodiversity and drought-friendly landscapes.

Honed native plant identification skills.

CITY OF LA SANITATION & ENVIRONMENT
UCLA Student Consultant
(January 2022 - March 2022)
Collaborated with LASAN to provide specialized biodiversity promotion consulting.

Developed an informative LA indicator species booklet for public use.

Conducted community outreach initiatives to raise awareness of indicator species and upcoming BioBlitz events.

Analyzed GIS maps and iNaturalist data to understand indicator species distribution.

Applied habitat suitability models to identify key characteristics for species presence, informing recommendations for future research locations.

SK ILLS
Ecological Compliance: Experience monitoring projects for compliance with City, State, and Federal regulations.

Public Outreach and Education: Developed and presented educational materials and programs on biodiversity and ecology.

Technical Reporting and Analysis: Wrote technical reports, conducted biological monitoring, and provided edits and expertise to key City documents.

Volunteer Coordination and Event Leadership: Organized and led volunteer events, including BioBlitzes, trash cleanups, and nature hikes.

Field Ecology and Research: Conducted field surveys, plant species identification, and ecological research.

Project and Team Management: Led conservation project teams in remote locations, overseeing trail maintenance, erosion control, and habitat restoration.

EDUCAT ION UNIVERSITY OF CALIFORNIA, LOS ANGELES
Bachelor of Science, Biology
2018 - 2022
CONTACT [email protected]
(559) 930-2961
1117 Waterloo St.

Los Angeles, CA 90026
52 Fee Schedule
CJ Biomonitoring, LLC
347 Argonne Avenue
Long Beach, CA 90814
$330
$330
$1,324
$248
$330
$662
$662
$495
$200
$175
$165
53 Response to Request for Proposal
For Biological Consulting Services
October 25, 2024
54 19008 N 46th Avenue, Glendale, Arizona 85308 Ph 805.377.6590 October 25, 2024
Patricia Salazar, Development and Operations Manager
City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265
SUBJECT: Response to Request for Biological Consulting Services Dear Ms. Salazar:

Compliance Biology, Inc. appreciates the opportunity to respond to the City of Malibu’s request for proposal for Biological Consulting Services and to once again provide the City with biological services. Dave Crawford of Compliance Biology previously assisted the City of Malibu with biological services for 20 years.

The attached pages provide our understanding of the required services and the associated payments for each. Compliance Biology understands that all contents of this proposal are firm and binding for a period of 90 days. The following is our contact information:

Dave Crawford
Compliance Biology, Inc.
19008 N 46th Avenue
Glendale, Arizona 85308
Cell phone: 805-377-6590
Email: [email protected]
Compliance Biology confirms, under penalty of perjury, that they comply with the nondiscrimination requirements of the State and Federal Governments.

Sincerely,
Dave Crawford
President and Principal Biologist
Compliance Biology, Inc.
55 Understanding of the Scope of Work
Serving as the Malibu City Biologist from October 2000 to July 2020, Mr. Crawford has a unique understanding of the Scope of Work of the position. It is understood some elements of the position requirements may have changed a bit over the past few years, but Mr. Crawford is able to quickly learn the new methods. The following provides our understanding of the City’s Scope of Work:

A. David Crawford is the assigned Principal Biologist (City Biologist) and he has selected Dr. Jon Feenstra as his assistant. Mr. Crawford will be the primary contact for all communications with the City.

B. It is understood any questions from City staff and members of the public will be responded to within one (1) business day.

C. Mr. Crawford, with assistance (as needed) by Dr. Feenstra will review and evaluate biological assessment reports, native tree protection plans, and all other related reviews. Reviews shall be performed concerning the requirements of the City’s Local Coastal Program, Zoning Ordinance, Subdivision Ordinance, and the Malibu General Plan; and provide City staff with specific recommendations regarding the acceptability of such reports/plans and provide detailed review comments to bring the report/plans in compliance with City requirements. It is understood there is an average of 38 reviews per month D. It is understood the City utilizes Bluebeam Studios review software to mark up plans with corrections as needed. Though not currently familiar with this software, Mr. Crawford will be able to learn it quickly.

E. Final site inspections will be conducted per the request of City staff or applicants and conduct field observations and provide recommendations as requested by City staff. It is understood there is an average of 4-8 inspections required each month.

F. It is understood the City Biologist will track conditions of compliance, such as, but not limited to, post-approval habitat restoration and monitoring and native tree protection monitoring.

G. The City Biologist will conduct reviews, including, but not limited to, plan revisions, biology assessments, and native tree protections plans. These reviews are to be completed within 10 days of their submittal. Final inspections will be completed within one week of the request.

H. The City Biologist will hold routine office hours in person at City Hall; typically, on Tuesdays from 9:00 am to 11:00 am. This time is utilized for appointments with applicants, meetings with staff, and review of project applications.

I. As needed, the City Biologist will attend and participate in local and regional meetings on behalf of the City, including locations other than the Consultant’s office and Malibu City Hall.

J. The City Biologist will provide training for City staff as requested by the Planning Director.

K. The City Biologist will make presentations to City Council, the public, and other agencies as requested by the Planning Director.

L. It is understood that the City Biologist may be requested by the Planning Director to attend Planning Commission and City Council meetings.

56 M. As needed, the City Biologist will review biological sections of any Environmental Impact Reports and initial studies for adequacy/completeness and propose mitigation measures and monitoring programs for compliance with goals, objectives and policies of the Local Coastal Program and Malibu General Plan and best management practices.

N. As appropriate, the City Biologist will recommend modifications to the City’s guidelines and codes to maintain conformance with the latest State regulations, laws and acceptable biological practices.

O. It is understood the City Biologist may need to attend court appearances, provide expert witness testimony, and conduct legal research at the request of the City.

P. The City Biologist will chair the Environmental Review Board meetings, typically held once per month, at the request of the Planning Director.

Q. The City Biologist will maintain detailed accounting of fees including fixed fees and time and material fees, and issue fee balance statements to applicants.

R. The City Biologist will perform project management duties including the maintenance of the development database, and tracking of deadlines, application submittal requirements, and workload.

1. Organization, Credentials, and Experience
A. Compliance Biology, Inc. has been in business since 2001. The company is owned and operated by Mr. David Crawford. Since its inception, Compliance Biology has provided myriad of biological services from special-status plant and wildlife survey, biological assessments, the development and review of the biological sections in CEQA documents, construction monitoring and environmental compliance, and governmental services. Governmental Services to date have included serving as the Malibu City Biologist for 20 years, as well as providing as-needed biological surveys and project construction monitoring for the City of Santa Clarita.

B. David Crawford is the key person at Compliance Biology that, if selected, would fill the position of City Biologist. Mr. Crawford has selected Dr. Jon Feenstra as an assistant and is available as needed by Mr. Crawford and/or at the request of City Staff. Resumes of both Mr.

Crawford and Dr. Feenstra are attached.

C. The following provides three professional references for David Crawford:

Mr. Dan Duncan Mr. Sam Rojas
Contract Environmental Specialist Environmental Coordinator City of Santa Clarita Five Point (Newhall Land)
[email protected] [email protected]
(661) 255-4348 (661) 255-4283

57 Ms. Patricia Salazar Additional references for
Development and Operations Manager Mr. Crawford are available upon request City of Malibu
[email protected]
(310) 456-2489

2. Professional Services Agreement
Compliance Biology is familiar with and will comply with all terms and conditions of the City’s standard Professional Services Agreement.

3. Compliance
Compliance Biology, Inc. and each of its subcontractors shall comply with the California Labor Code pursuant to said regulations entitled: Federal Labor Standards provisions; Federal Prevailing Wage Decision; State of California Prevailing Wage Rates, and the City of Malibu’s Minimum Wage Ordinance respectively.

4. Litigation
Compliance Biology, Inc. is not and has not been involved in any litigation resulting from professional services rendered over the past five years.

5. Fees
The fixed fees services for application reviews; and professional rate proposal are available under separate cover. The professional rate proposal includes hourly rates for all personnel and identifies the hours and costs per task.

58 Certificates of Insurance for Professional Liability, General Liability and Automobile shall be submitted if Compliance Biology is selected.

Please do not hesitate to contact me if you have any questions regarding the proposal information and I look forward to speaking with you directly.
59 Attachment A
Resumes of Key Personnel
60 Dave Crawford
President/Principal Biologist
Compliance Biology, Inc.

Mr. Crawford has over 29 years of experience in biology, environmental planning, and project management and is the President and Principal Biologist for Compliance Biology. His responsibilities include project scoping, scheduling, budget supervision and control, subconsultant coordination and client communication. He has directed, managed, and prepared biological resource sections for environmental impact reports, mitigation monitoring plans, special-status species focused surveys, biological resource assessments, biological constraints analyses, construction monitoring and habitat restoration plans for private and public sector clients throughout Southern California.

Mr. Crawford has a working understanding of the California Environmental Quality Act (CEQA).

He has participated in the development of more than 25 Environmental Impact Reports (EIRs) within Southern California, including residential, commercial, and industrial developments. In addition, he has substantial experience in processing of coastal development projects with the California coastal zone and has served as the City of Malibu Biologist for over 18 years.

Mr. Crawford has broad knowledge of both state and federal Endangered Species Acts, and state and federal regulations involving biological resources and has held a Section 10(a)(1)(A) Endangered Species Recovery Permit to survey for California gnatcatcher (Polioptila californica), tidewater goby (Eucyclogobius newberryi), and unarmored threespine stickleback (Gasterosteus aculeatus williamsoni), and has been authorized by the US Fish and Wildlife Service to survey for least Bell’s vireo (Vireo bellii pusillus), arroyo toad (Anaxyrus californicus), and California red-legged frog (Rana draytonii). His biological expertise includes knowledge of biological and ecological relationships, with particular emphasis on habitat impact analysis and special-status wildlife species.

Representative Professional Experience
Governmental Services
x Mr. Crawford aids City and County governments with projects involving environmental document review, advises on major biological issues, and provides field services such as biological studies and construction monitoring. In this capacity he has served as the City Biologist for the City of Malibu for 20 years. Duties included regular correspondence with the public and local officials, review of Planning permit applications to ensure compliance with City and Coastal Zone regulations, review of biology sections in EIRs, Chair of the Environmental Review Board, and interpretation and implementation of the Malibu Local Coastal Program as certified by the California Coastal Commission. Mr. Crawford also provides regular services to the City of Santa Clarita including peer review of environmental documents, biological studies, construction monitoring, habitat restoration, and mitigation monitoring.
61 x Management of biological regulatory compliance for the City of Santa Clarita Vista Canyon Bridge and Road Improvement Project. Mr. Crawford developed the environmental training program for all personnel working in the river and managed the on-site monitoring for the duration of the project.
x Management of biological regulatory compliance for the City of Santa Clarita McBean Boulevard Bridge and Newhall Ranch Road Bridge widening projects. Mr. Crawford developed the environmental training program for all personnel working in the river and managed the on-site monitoring for the duration of the project. x Management of biological regulatory compliance for the City of Santa Clarita Cross Valley Connector Bridge. This 16-month, $26 million project included the construction of two parallel two-lane bridges across the Santa Clara River. Mr. Crawford managed and conducted the preconstruction biology surveys and the required biological monitoring for the duration of the project.
x Management of biological regulatory compliance for the City of Santa Clarita Cross Canyon Country Community Center. Tasks include pre-activity surveys and construction monitoring.

Additional Public and Private Services
x Assists Metropolitan Water District of Los Angeles with surveys and habitat evaluation for unarmored threespine stickleback in association with their future Foothill Feeder shutdown and maintenance programs.
x Provides quarterly monitoring for Metropolitan Water District of Los Angeles’ quarterly Foothill Feeder valve maintenance program.
x Management and implementation of the Five Point Newhall Ranch development project environmental compliance. Tasks for this project include numerous pre-activity surveys and on-going construction monitoring for a 30,000 acre project that will include over 21,000 homes, commercial development, and associated infrastructure.
x Management of biological regulatory compliance for the Newhall Land sewage line installation beneath the Commerce Center Drive Bridge over Castaic Creek. Mr. Crawford conducted the pre-construction biological surveys and conducted and managed the required biological monitoring for the duration of the project. Daily monitoring logs were kept and a final report discussing all activities was prepared for submittal to all permitting agencies. x Management and implementation of environmental compliance for the seasonal removal and installation of six temporary river crossings for the Newhall Land Agricultural Department.

Conducted pre-construction surveys for special-status fish, amphibian and avian species and supervised activities occurring in the river.
x Management and implementation of annual riparian bird surveys for Newhall Land in conformance with conditions set forth in the Natural River Management Plan (NRMP).

Implementation consists of 20-25 individual surveys throughout most of the NRMP reach. 62 Upon completion of surveys, a detailed report is prepared and delivered to Newhall Land for submittal to all permitting agencies.
x Management of biological regulatory compliance for the District 32 Main Relief Trunk Sewer Phase II extension including micro-tunneling under the Santa Clara River. Tasks included daily monitoring of aquatic and avian special-status species during the five-month project. x Management of biological regulatory compliance for the 19-year oil well site remediation on Newhall Ranch for Anadarko Petroleum. Mr. Crawford managed pre-activity surveys, biological monitoring, and habitat restoration for the remediation of abandoned oil well and sump sites located on Newhall Ranch in Los Angeles County for Kerr-McGee and Anadarko Petroleum.
x Performed eight years of focused surveys and habitat evaluation for the arroyo toad on portions of the Santa Clara River and its major tributaries in the Santa Clarita area, Los Angeles County. Tasks included focused presence/absence surveys for arroyo toad following US Fish and Wildlife Service recommended protocol survey guidelines within the survey reach and known occupied areas in the region. Additionally, a comprehensive habitat analysis was conducted throughout the study reach including upland habitats extending approximately 500 meters outward from the stream channels surveyed. Surveys also included identification of special-status aquatic reptiles and habitat evaluation for California red-legged frog.

Additionally, language from the final reports was incorporated into the Biological Opinion drafted by USFWS for the area.
x Performed numerous focused surveys for the California gnatcatcher in Ventura, Los Angeles, Riverside, San Bernardino, and Orange Counties. Tasks included focused presence/absence surveys and reporting following US Fish and Wildlife Service recommended survey protocol guidelines.
x Performed burrowing owl surveys and implemented exclusion mitigation plans for numerous projects in Los Angeles, San Bernardino, and Riverside Counties, California. Tasks included walkover surveys to determine presence/absence of burrowing owls and to identify potential owl burrows. Several surveys resulted in implementation of passive relocation programs. x Conducted dozens of focused surveys for western spadefoot toad in Ventura and Los Angeles Counties resulting in the documentation of multiple previously unknown populations. Mr.

Crawford has also been responsible for housing numerous spadefoot tadpoles, juveniles, and adults in preparation for relocation under the direction of CDFW. x Performed construction monitoring for southern steelhead and other special-status fish species for an US Army Corp of Engineers project in lower Santa Paula Creek. Tasks included monitoring of construction activities within designated boundaries and relocation of stranded fishes from stream diversion activities.
x Performed pit-fall trapping for special-status reptiles on approximately 500 acres of various upland habitats for two projects in Los Angeles County. Tasks included designing and supervision of installation of pit-fall trap arrays and several weeks of trapping and relocation of western whiptails and horned lizards.
63 Professional History
x Compliance Biology, Inc. – Owner/Principal Biologist; May 2001 to present. x Impact Sciences, Inc. – Managing Principal, Biological Services; September 2012 through March 2017.
x Impact Sciences, Inc. - Senior Biologist; May 1995 through May 2002 x Cal Poly Foundation; San Luis Obispo
x Wildlife Technician; US Army Corps of Engineers, LCTA Program; December 1994 – May 1995
x Wildlife Technician; Kit Fox Recovery Program; June 1994 – October 1994 x Manager Alba Plastics, Sydney, NSW Australia May 1987-April 1989 x Hull Maintenance Technician, First Class Petty Officer; US Navy April 1977-October 1986 Certifications
x Certificate; Leadership and Management Training Program; 2002 x Previous Federal Section 10(a)(1)(A) Endangered Species Recovery Permit for Unarmored Threespine Stickleback (Gasterosteus aculeatus williamsoni), Tidewater Goby (Eucyclogobius newberryi), and California gnatcatcher (Polioptila californica). Permit #TE-821229-8 x USFWS Authorized surveyor for Arroyo Toad (Bufo californicus), Least Bell’s Vireo (Vireo bellii pusillus), and California Red-legged Frog (Rana aurora draytoni). x Certification, Desert Tortoise: handling, burrow construction, and egg handling techniques.

U.S. Fish and Wildlife Service approved workshop and training session. x Certification, Advanced Open Water Diver, PADI
64 Jonathan S. Feenstra Ph.D.
345 E. Altadena Drive Mobile: 626-319-4723
Altadena, CA 91001
[email protected]
Education:

Ph.D., May 2006 California Institute of Technology, Department of Chemistry.

B. A., June 2000 Rutgers College, Rutgers University, New Brunswick, NJ Summa cum laude. Major: Chemistry. Minor: Biological Sciences Employment:
2024 Woodstar Biological LLC (as principal biologist)
Mission Village/Lion Canyon Grading Project. FivePoint/Compliance Biology: Lead biologist managing monitoring, regular compliance sweeps development project at the Newhall Ranch in Santa Clarita, Los Angeles.

Surveyor and principal biologist managing surveying team, LBV, WIFL.

Santa Clara River, Los Angeles and Ventura Counties.

USFWS/WVFZ least Bell’s Vireo points in Santa Clara River: Principal biologist and surveyor for Newhall Ranch segment of the river.

Compliance Biology Inc. for Occidental Petroleum.

Surveying biologist for San Fernando Valley Spineflower at grading and excavating sites of oil field cleanup in Santa Clarita/Newhall Ranch.

Compliance Biology Inc.

Surveying biologist for rare plants.

Ruth Villalobos and Associates Inc.

Surveying biologist: LBV, WIFL, YBCU. Chino Creek, Prado Basin San Bernardino County for City of Chino.

University of Colorado, Center for Environmental Management of Miliatry Lands Surveyor and consulting biologist, Tricolored Blackbird. Edwards Air Force Base.

WINGS Birding Tours – Senior Leader: Ecuador, Texas
2023 Woodstar Biological LLC (as principal biologist)
Mission Village Grading Project. FivePoint/Compliance Biology: Lead biologist managing regular compliance sweeps of grading and development project at the Newhall Ranch in Santa Clarita, Los Angeles.

USFWS/WVFZ least Bell’s Vireo points in Santa Clara River: Principal biologist and surveyor for Newhall Ranch segment of the river.

Compliance Biology Inc. for Occidental Petroleum.

Surveying biologist for San Fernando Valley Spineflower at grading and excavating sites of oil field cleanup in Santa Clarita/Newhall Ranch.

Kidd Biological Inc.

Southern California Edison Mesa Substation, lead monitor: conducting nesting bird surveys, overseeing monitoring personnel, coordinating with construction personnel.

MountainView Biological Consulting
65 Los Angeles County Department of Public Works, Least Bell’s Vireo and Southwestern Willow Flycatcher surveys of soft-bottom flood control channels: Santa Clara River at Lost Boys Bridge (Santa Clarita, Los Angeles County) and Victoria Avenue (Oxnard, Ventura County).

SWCA
Biological parcel assessment (trees, rare plants, drainage, biological compendia): residential parcels in Decker Canyon and Saddle Peak, Malibu, Los Angeles County
Psomas Inc.

Surveyor, Crotch’s Bumblebee. 7.7 acre project site, Simi Valley, Ventura County.

Surveyor, Burrowing Owls. The Bluffs at Hidden Springs, Wildomar, Riverside County.

WINGS Birding Tours – Senior Leader: Ecuador, Texas
2022 Woodstar Biological LLC (as principal biologist)
Mission Village Grading Project. FivePoint/Compliance Biology: Lead biologist managing construction monitoring personnel for vegetation removal, nesting bird monitoring, wildlife surveys and relocation, and grading of a tract of the Newhall Ranch in Santa Clarita, Los Angeles.

RMDP and NRMP Riparian Birds inventory. FivePoint/Compliance Biology: Project manager and lead surveying biologist for southwestern Willow Flycatcher and Bell’s Vireo surveys of the Santa Clara River in Santa Clarita, Los Angeles and Ventura Counties.

Kidd Biological Inc.

Southern California Edison Mesa Substation, lead monitor: conducting nesting bird surveys, overseeing monitoring personnel, coordinating with construction personnel.

Psomas
Los Angeles County Department of Public Works, Yellow-billed Cuckoo surveys of soft-bottom flood control channels.

Ruth Villalobos and Associates, Inc.

Los Angeles County Department of Public Works, Least Bell’s Vireo and Southwestern Willow Flycatcher surveys of soft-bottom flood control channels: McGrath State Beach, Malibu Canyon, Haskell Creek WINGS Birding Tours – Senior Leader: Ecuador
2021 Woodstar Biological LLC (as principal biologist)
Mission Village Grading Project. FivePoint/Compliance Biology: Lead biologist managing construction monitoring personnel for vegetation removal, nesting bird monitoring, wildlife and plant surveys, and species relocation (see list of sensitive species below), and grading of the Newhall Ranch in Santa Clarita, Los Angeles.

RMDP and NRMP Riparian Birds inventory. FivePoint/Compliance Biology: Project manager and lead surveying biologist for southwestern Willow Flycatcher and Bell’s Vireo surveys of the Santa Clara River in Santa Clarita, Los Angeles and Ventura Counties.

Kidd Biological Inc.

Southern California Edison Mesa Substation, lead monitor: conducting nesting bird surveys, overseeing monitoring personnel, coordinating with construction personnel.

Psomas
66 Orange County Public Works, nesting bird surveys for Alton Parkway Off-Site Mitgation Area.

WINGS Birding Tours – Senior Leader: Ecuador
2020 Woodstar Biological LLC (as principal biologist)
Mission Village Grading Project. FivePoint/Compliance Biology: Lead biologist managing construction monitoring personnel for vegetation removal, nesting bird monitoring, wildlife and plant surveys, and species relocation (see list of sensitive species below), and grading of the Newhall Ranch in Santa Clarita, Los Angeles.

RMDP and NRMP Riparian Birds inventory. FivePoint/Compliance Biology: Project manager and lead surveying biologist for southwestern Willow Flycatcher and Bell’s Vireo surveys of the Santa Clara River in Santa Clarita, Los Angeles and Ventura Counties.

Endangered Species Act Compliance-Candidate Species Tricolored Blackbird at Edwards Air Force Base: Project manager and lead field person for bird surveys and monitoring of Tricolored Blackbird breeding colony at Branch Pond, Edwards Air Force Base. Cooperative agreement partnership with University of Alaska, Anchorage.

Psomas
Los Angeles County Department of Public Works, clearance surveys for vegetation removal in flood control channels.

Kidd Biological Inc.

Southern California Edison Mesa Substation, lead monitor: conducting nesting bird surveys, overseeing monitoring personnel, coordinating with construction personnel.

WINGS Birding Tours – Senior Leader: Ecuador
2019 Woodstar Biological LLC (as principal biologist)
Mission Village Grading Project. FivePoint/Compliance Biology: Lead biologist managing construction monitoring personnel for vegetation removal, nesting bird monitoring, wildlife and plant surveys, and species relocation (see list of sensitive species below), and grading of the Newhall Ranch in Santa Clarita, Los Angeles.

RMDP and NRMP Riparian Birds inventory. FivePoint/Compliance Biology: Project manager and lead surveying biologist for southwestern Willow Flycatcher and Bell’s Vireo surveys of the Santa Clara River in Santa Clarita, Los Angeles and Ventura Counties.

Entrada South Project. FivePoint/Compliance Biology: Project manager and lead surveying biologist for coastal California Gnatcatcher on tract of Newhall Ranch, Santa Clarita, Los Angeles County.

Legacy Village development project. FivePoint/Compliance Biology:

Project manager and lead surveying biologist for coastal California Gnatcatcher on Newhall Ranch, Santa Clarita, Los Angeles County.

Endangered Species Act Compliance-Candidate Species Tricolored Blackbird at Edwards Air Force Base: Project manager and lead field person for bird surveys and monitoring of Tricolored Blackbird breeding colony at Branch Pond, Edwards Air Force Base. Cooperative agreement partnership with University of Alaska, Anchorage.
67 WINGS Birding Tours – Senior Leader: Ecuador, Texas
2018 Woodstar Biological LLC (as principal biologist)
Mission Village Grading Project. FivePoint/Compliance Biology: Lead biologist managing construction monitoring personnel for vegetation removal, nesting bird monitoring, wildlife and plant surveys, and species relocation (see list of sensitive species below), and grading of the Newhall Ranch in Santa Clarita, Los Angeles.

RMDP and NRMP Riparian Birds inventory. FivePoint/Compliance Biology: Yellow-billed Cuckoo, southwestern Willow Flycatcher and Bell’s Vireo surveys of the Santa Clara River in Santa Clarita, Los Angeles and Ventura Counties.

WINGS Birding Tours – Senior Leader: Ecuador
2017 Woodstar Biological LLC (as principal biologist)
Sensitive Avian Species Inventory. Edwards Air Force Base: Project manager and lead field person for bird surveys and monitoring (including Snowy Plover, southwestern Willow Flycatcher, least Bell’s Vireo, Tricolored Blackbird) at various wetland sites.

Mission Village Grading Project. FivePoint/Compliance Biology: Lead biologist managing construction monitoring personnel for vegetation removal, nesting bird monitoring, wildlife and plant surveys, and species relocation (see list of sensitive species below), and grading of the Newhall Ranch in Santa Clarita, Los Angeles.

RMDP and NRMP Riparian Birds inventory. FivePoint/Compliance Biology: Yellow-billed Cuckoo, southwestern Willow Flycatcher and Bell’s Vireo surveys of the Santa Clara River in Santa Clarita, Los Angeles and Ventura Counties.

Bonterra-Psomas
Tehachapi Renewable Transmission Project. SCE: Construction monitor (noise level monitoring in least Bell’s Vireo habitat), Chino Hills, San Bernardino County.

California City Correction Facility Expansion: Burrowing Owl transect surveys.

LA Department of Public Works: Monitoring of vegetation removal from soft-bottom channels. Wilmington, Los Angeles County.

Alphabiota Environmental Consulting LLC
Needham Ranch: Non-breeding season California Gnatcatcher monitoring adjacent to vegetation removal/grading development.

Antelope Valley Conservancy
Tricolored Blackbird surveys and nesting colony monitoring in the west Antelope Valley, Los Angeles County.

WINGS Birding Tours – Senior Leader: Ecuador
2016 Woodstar Biological LLC (as principal biologist)
Sensitive Avian Species Inventory. Edwards Air Force Base: Project manager and lead field person for bird surveys and monitoring (including Snowy Plover, southwestern Willow Flycatcher, least Bell’s Vireo, Tricolored Blackbird) at various wetland sites.
68 Tricolored Blackbird Prey Availability. Edwards Air Force Base: Project manager and lead field person for Tricolored Blackbird breeding colony monitoring and invertebrate sampling of foraging territory.

Impact Sciences/Vista Canyon Ranch: Managed construction monitoring personnel for vegetation removal and grading in Santa Clarita, Los Angeles.

Bonterra-Psomas
SCE/TRTP: Construction monitor (noise level monitoring in least Bell’s Vireo habitat)
Kidd Biological Inc.

SCE/Riverside Transmission Reliability Project: Protocol presence/absence surveys for southwestern Willow Flycatcher, Santa Ana River, Norco, Riverside County.

WINGS Birding Tours – Senior Leader: Ecuador
2015 Woodstar Biological LLC (as principal biologist)
Sensitive Avian Species Inventory. Edwards Air Force Base: Project manager and lead field person for bird surveys and monitoring (including Snowy Plover, southwestern Willow Flycatcher, least Bell’s Vireo, Tricolored Blackbird) at various wetland sites.

Tricolored Blackbird Prey Availability. Edwards Air Force Base: Project manager and lead field person for Tricolored Blackbird breeding colony monitoring and invertebrate sampling of foraging territory.

Impact Sciences/Vista Canyon Ranch: Managed construction monitoring personnel for vegetation removal and grading in Santa Clarita, Los Angeles.

Bonterra-Psomas
Tehachapi Renewable Transmission Project. SCE: Nesting Bird Lead Biologist (managed a nest surveying/monitoring team, consulted on impact avoidance relating to construction and maintenance of an electrical transmission line through the Antelope Valley and San Gabriel Mountains). Surveying biologist (Least Bell’s Vireo/Southwest Willow Flycatcher) on the San Gabriel River. Surveying biologist (Spotted Owls) in the San Gabriel Mtns. Construction monitor (noise level monitoring in least Bell’s Vireo territories).

Santa Margarita Water District wastewater treatment plant expansion:

Monitoring vegetation removal in coastal California Gnatcatcher habitat.

Centennial housing development project: Tricolored Blackbird surveys and consulting.

WINGS Birding Tours – Senior Leader: Ecuador
2014 Bonterra-Psomas
Tehachapi Renewable Transmission Project. SCE: Nesting Bird Lead Biologist (managed a nest surveying/monitoring team, consulted on impact avoidance relating to construction and maintenance of an electrical transmission line through the Antelope Valley and San Gabriel Mountains). Surveying biologist (Least Bell’s Vireo/Southwest Willow Flycatcher) on the San Gabriel River. Surveying biologist (Spotted Owls) in the San Gabriel Mtns. Construction monitor (noise level monitoring in 69 least Bell’s Vireo territories, helicopter monitoring in California Condor habitat, and general monitoring in California Gnatcatcher habitat).

White Company Solar: Surveying biologist (Swainson’s Hawk) in the western Antelope Valley.

Lorenzo and Drury LLP – Vega Solar: DEIR document review WINGS Birding Tours – Senior Leader: Ecuador
2013 Bonterra
Tehachapi Renewable Transmission Project. SCE: Nesting Bird Lead Biologist (managed a nest surveying/monitoring team, consulted on impact avoidance relating to construction and maintenance of an electrical transmission line through the Antelope Valley and San Gabriel Mountains). Surveying biologist (Least Bell’s Vireo/Southwest Willow Flycatcher) on the San Gabriel River. Surveying biologist (Spotted Owls) in the San Gabriel Mtns. Construction monitor (noise level monitoring in least Bell’s Vireo territories, helicopter monitoring in California Condor habitat, and general monitoring in California Gnatcatcher habitat).

Scott Cashen – Consulting biologist, document review
WINGS Birding Tours – Senior Leader: Ecuador, Jordan
2012 Bonterra
Tehachapi Renewable Transmission Project. SCE: Nesting Bird Lead Biologist (managed a nest surveying/monitoring team, consulted on impact avoidance relating to construction and maintenance of an electrical transmission line through the Antelope Valley and San Gabriel Mountains). Surveying biologist (Least Bell’s Vireo/Southwest Willow Flycatcher) on the San Gabriel River.

WINGS Birding Tours – Senior Leader: Ecuador, Jordan
2011 Bonterra
Tehachapi Renewable Transmission Project. SCE: Nesting Bird Lead Biologist (managed a nest surveying/monitoring team, consulted on impact avoidance relating to construction and maintenance of an electrical transmission line through the Antelope Valley and San Gabriel Mountains). Surveying biologist (Least Bell’s Vireo/Southwest Willow Flycatcher) on the San Gabriel River. Surveying biologist (Spotted Owls) in the San Gabriel Mtns.

WINGS Birding Tours – Senior Leader: Ecuador, Jordan
2010 Bonterra
Tehachapi Renewable Transmission Project. SCE: Surveying biologist (Spotted Owl) in the San Gabriel Mtns. Surveying biologist (Burrowing Owl) in Palmdale. Construction monitor for geotechnical drilling, access road repairs, and work area staking activities in the San Gabriel Mountains. Listed species habitat assessment in the San Gabriel Mountains.

LSA/Burns McDonnel
70 Tehachapi Renewable Transmission Project. SCE: Surveying biologist (Swainson’s Hawk) in Tehachapi. Nesting bird surveys in Antelope Valley substation footprints. Construction monitor for substation construction in Tehachapi.

Mallcraft
California School for the deaf expansion. Nesting bird survey on campus in Riverside, CA.

Cooper Ecological
Ballona Creek general bird inventory.

WINGS Birding Tours – Senior Leader: Ecuador
2009 EDAW
Surveying biologist (least Bell’s Vireo & southwestern Willow Flycatcher) in Big Tujunga Canyon of the San Gabriel Mountains.

AMEC
Tehachapi Renewable Transmission Project. SCE: Surveying biologist (Spotted Owl) in the San Gabriel Mtns. Surveying biologist (Swainson’s Hawk) in the Antelope Valley. Surveying biologist (California Gnatcatcher) in Irwindale.

LSA/Burns McDonnel
Tehachapi Renewable Transmission Project. SCE: Nesting bird surveys, monitoring and clearance for construction activities.

Bonterra
Surveying biologist (least Bell’s Vireo & southwestern Willow Flycatcher) in Big Tujunga Canyon of the San Gabriel Mountains.

Nest searching/clearance in Serrano Creek, Orange County.

Ultrasystems
Los Angeles River bird retro-fitting. Monitoring and maintenance of anti-nest netting on bridges of the Los Angeles River and Rio Hondo.

WINGS Birding Tours – Associate Leader: Cape May, NJ
2008 Audubon California – Coordinator, Southern California; Statewide Tricolored Blackbird Census Project, Landowner Stewardship Program EcoSystems Restoration Associates
Imperial Irrigation District water management. Surveying biologist (Lowland Leopard Frogs in the Imperial Valley and along the Colorado River). Crop and sensitive bird species studies in the Imperial Valley.

EDAW

1. Surveying biologist (coastal California Gnatcatcher) in northern Los Angeles County

2. Surveying biologist (least Bell’s Vireo & southwestern Willow Flycatcher) in Big Tujunga Canyon of the San Gabriel Mountains.

AMEC

1. SCE/TRTP Surveying biologist (Spotted Owls) in the San Gabriel Mountains.
71 2. Surveying biologist (Burrowing Owls) in Riverside.

Cooper Ecological

1. Surveying biologist (coastal California Gnatcatcher) in West Covina.

2. Surveying biologist for a herpetofauna inventory in northeast Los Angeles.

3. Assigning points and conducting bird point counts to study burn regrowth in Griffith Park, Los Angeles.
2007 Audubon California – Important Bird Area Researcher (Southern California) EDAW

1. LA County: Surveying/monitoring for coastal Snowy Plover. Dockweiler State Beach, Los Angeles.

2. Nest location, flagging, and subsequent construction monitoring in San Dimas.

Bonterra Consulting

1. Surveying biologist (southwestern Willow Flycatcher) in Big Bear Lake.

2. Surveying biologist (Least Bell’s Vireo territory flagging) on the lower Santa Ana River.

HELIX Environmental Planning, Inc.: Surveying biologist (sw Willow Flycatcher) in North Lake Elsinore.

EcoSystems Restoration Associates

1. Nest-searching and surveying for Flat-tailed Horned Lizard, Colorado Fringe-toed Lizard, and rare plants along All American Canal between Yuma AZ and Calexico CA

2. Surveying biologist (southwestern Willow Flycatcher) on lower Colorado River and in the Imperial Valley.

Manjunath Venkat: Surveying biologist (coastal California Gnatcatcher) in San Dimas.

US Forest Service

1. Surveying biologist (coastal California Gnatcatcher) in Little Tujunga Canyon of the Angeles National Forest.

2. Surveying biologist (coastal California Gnatcatcher) in Lovell Canyon of the Angeles National Forest.
2006 Cape May Bird Observatory: Substitute coastal migration counter (Avalon Seawatch) Research Experience:
2019 – Principal Investigator. Surveying and monitoring of a Tricolored Blackbird colony on Edwards Air Force Base. Development of management plan for the wetlands that host the colony.

Research project part of cooperative agreement project with University of Alaska, Anchorage.
2015 – 2017 Principal Investigator. Sensitive avian species surveys (wetland and riparian species); invertebrate sampling at Tricolored Blackbird colony sites on Edwards Air Force Base.

Research project funded by DoD: Edwards Air Force Base. 2013 Principal Investigator. Breeding colony surveys of the Tricolored Blackbird (Agelaius tricolor) population in Baja California, Mexico.

Research project primarily funded by USFWS – Sonoran Joint Ventures. 72 2009 – 2010 Principal Investigator. Monitoring and surveying of the Tricolored Blackbird (Agelaius tricolor) population in Southern California with focus on conservation and recovery.

Independent research project primarily funded by USFWS – Sonoran Joint Ventures. 2007 – 2010 Principal Investigator. Avian monitoring of the Arroyo Seco in Pasadena:

Implications for land use strategies.

Independent research project partly funded by the Pasadena Audubon Society. 2001 – 2006 Graduate Researcher. The structures and dynamics of isolated molecular processes determined by ultrafast electron diffraction.

Advisor: Dr. Ahmed H. Zewail. California Institute of Technology, Pasadena, CA. 1999 – 2000 Undergraduate researcher. A quantum chemical inquiry of the “gauche effect” in 1,2- difluoroethane and related molecules.

Advisor: Dr. Lionel Goodman. Rutgers University, New Brunswick, NJ. 1998 Undergraduate researcher. Seasonal and tidal dependencies of gull populations on the Raritan River in New Brunswick, New Jersey.

Advisor: Dr. Charles Leck. Rutgers University, New Brunswick, NJ.

Skills and Training:

Field Skills: Skilled in terrestrial and pelagic bird identification Accustomed to data collection under difficult conditions Experienced leader of terrestrial and pelagic birding field trips Competent in estimating numbers of individual birds in distant moving flocks USFWS 10(a) permit # TE128462-3 for coastal California Gnatcatcher, southwestern Willow Flycatcher, and Yellow-billed Cuckoo California Department of Fish and Wildlife Specific Use Scientific Collecting Permit #S-191330003-19137-001 for Yellow-billed Cuckoo, California Spotted Owl, southwestern Willow Flycatcher, and coastal California Gnatcatcher Relevant species experience (see above projects):

Birds: Yellow-billed Cuckoo, Snowy Plover, Swainson’s Hawk, Burrowing Owl, Spotted Owl, southwestern Willow Flycatcher, least Bell’s Vireo, California Gnatcatcher, Tricolored Blackbird
Mammals: Big-eared woodrat, dusky-footed woodrat, mountain lion Herpetofauna: Western Spadefoot,
Plants: desert mariposa lily, alkali mariposa lily, clubhair (slender) mariposa lily, butterfly mariposa lily, San Fernando Valley spineflower Laboratory Skills: Equipment design and assembly – electron diffractometers, digital detection, vacuum Handling of toxic and/or unstable compounds
Interpretation of optical spectra
Writing of papers for technical and non-technical audiences Teaching experience: Teaching assistant, Introduction to Biophysics, Spring 2001 Teaching assistant, Spectroscopy, Spring 2002
Teaching assistant, Dynamics of the Chemical Bond, Spring 2003 – 2005 Computer Skills: Windows XP, MS Office, Corel Graphics Suite, 3-D design with SolidWorks, extensive programming experience with MS Visual Studio (Visual C++).

Other Information:
73 Affiliations: Member, California Bird Records Committee, 2016 – 2018, 2022 – present Board of Directors, Los Angeles Birders, 2021 – present Board of Directors, Western Field Ornithologists, 2007 – 2009 Board of Directors, Pasadena Audubon Society, 2003 – 2005 Field Trip Leader, Pasadena Audubon Society, 2002 – present Pelagic Trip Leader, LA & Buena Vista Audubon Societies, Baja Whale Cruises, & Condor Cruises, 2003 – present
Columnist, “Birds of the Season” in Western Tanager, LAAS, 2004 – 2006 Volunteer researcher, Ocean Conservation Society’s LA Dolphin Project Awards: Eagle Scout (1993)
Valedictorian, Kittatinny Regional High School (1996)
Henry Rutgers Scholar, Rutgers University, 1999-2000
Blanche A. Mowrer research fellow, Caltech (2000 – 2001) Invitations: Pasadena Audubon Society Annual Banquet, Keynote speaker (June 2005) University of Copenhagen, Chemical physics lecture (July 2006) Whittier Audubon Society, Pelagic Birds of Southern California (Spring 2007) El Dorado Audubon Society, Pelagic Birds of Southern California (Spring 2007) Pasadena Audubon Society, Tricolored Blackbirds in Southern CA (Spring 2010) El Dorado Audubon Society, Tricolored Blackbirds in Southern CA (Spring 2010) San Fernando Audubon Society, Tricolored Blackbirds in Southern CA (Spring 2010) San Diego Field Ornithologists, Tricolored Blackbirds in Southern CA (Spring 2010) Sea & Sage Audubon Society, Tricolored Blackbirds in Southern CA (Spring 2011) San Bernardino Valley Audubon Society, Birds of Ecuador (Spring 2013) Sea & Sage Audubon Society Annual Banquet, Keynote speaker (Summer 2013) San Diego Field Ornithologists, Birding the Middle East (Spring 2014) Pasadena Audubon Society, Birds of Ecuador (Winter 2015) Los Angeles Audubon Society, Birds of Ecuador (Spring 2015) Los Angeles Birders, Streaky Finches (2021), Yellow-bellied Kingbirds (2021), Seabirds (2022)
Publications:

Environment/Ecology/Birds:

On the edge of extinction: Can the Tricolored Blackbird (Agelaius tricolor) persist in Mexico? Abstract presented at North American Ornithological Conference, Washington D.C. 2016 Los Angeles County Breeding Bird Atlas, assistant contributor. Los Angeles Audubon Society. 2016.

Breeding Survey of Tricolored Blackbird in Baja California Mexico 2013. Report submitted to the US Fish and Wildlife Service. http://tricolored.ice.ucdavis.edu/reports 2013.

Occurrence and identification of the Leach’s Storm-Petrel (Oceanodroma leucorhoa) complex off southern California, North American Birds, 2010, 63 (4), 540-549.

Results of the Southern California Tricolored Blackbird survey 2009. Report submitted to the US Fish and Wildlife Service. http://tricolored.ice.ucdavis.edu/reports 2010.

A Pocket Naturalist Guide: Animals of the Los Angeles River. Waterford Press. 2009.

A First Record of a Myiodynastes Flycatcher for New Jersey. Records of New Jersey Birds, 2007, 33 (4), 74 70-75.

Technical editor and contributor: Birding Guide to the Greater Pasadena Area. The Pasadena Audubon Society. Pasadena, CA. 2005.

Pelagic Birding in the Southern California Bight: Part II. Western Tanager, 2005, 72 (1), 2-8.

The Big Day. Western Tanager, 2005, 71 (6), 1-4.

Pelagic Birding in the Southern California Bight: Part I. Western Tanager, 2005, 71 (5), 1-5.

The Stillwater Township Environmental Resources Inventory. The Stillwater Township Environmental Commission. Stillwater, NJ. 1998.

Chemistry:

Ultrafast Electron Diffraction: Structural Dynamics of Molecular Rearrangement in the NO Release from Nitrobenzene. Chemistry – An Asian Journal, 2006, 1, 56.

Ultrafast Electron Diffraction: Excited State Structures and Chemistries of Aromatic Carbonyls. J Chem.

Phys., 2006, 124, 174707.

Excited State Molecular Structures and Reactions Directly Determined by Ultrafast Electron Diffraction. J Chem. Phys., 2005, 123, 104.

Dark Structures in Molecular Radiationless Transitions Determined by Ultrafast Diffraction. Science, 2005, 307, 558.

Ultrafast Electron Diffraction: Structural Dynamics of the Elimination Reaction of Acetylacetone. J. Phys.

Chem. A, 2004, 108, 6650.

Direct Determination of Hydrogen-Bonded Structures in Resonant and Tautomeric Reactions Using Ultrafast Electron Diffraction. J. Am. Chem. Soc., 2004, 126, 2266.

Ultrafast electron diffraction of transient cyclopentadienyl radical: A dynamic pseudorotary structure. Chem.

Phys. Lett.., 2002, 353, 325.

Ultrafast Diffraction of Transient Molecular Structures in Radiationless Transitions. J. Phys. Chem. A, 2001, 105, 11159.
75 RATE PROPOSAL
Planning Application Review Fees
Service Performed Estimated
Hours
Current Consultant
Rate
Proposed Consultant
Rate
Site inspection 2.0 $300 $300
Planning Revisions
*includes 1 review

2.0 $300 $300
Review: CDP (with ESHA)
*includes 3 reviews

8.0 $1204 $1204
Review: CDP (without ESHA)
*includes 3 reviews

4.0 $602 $602
CDP for OWTS Only
*includes 1 review

1.5 $226 $226
APR with Development
(without landscaping)
*includes 1 review

2.0 $300 $300
APR with Development (with
landscaping)
*includes 2 reviews

4.0 $602 $602
APR Landscaping Only
*includes 2 reviews

3.0 $450 $450
Time and materials review 1.0 $150/hour $150/hour
Attend Meetings Regular
Business Hours

1.0 $150/hour $150/hour
Attend Meetings After Hours 1.0 $175/hour $150/hour
Professional Rates
Service Performed Hourly
Rate
Proposed Hourly
Rate
General Daytime Hourly Rate $150 $150
Planning Revisions
*includes 1 review
$175 $175
Review: CDP (with ESHA) *includes 3
reviews
$470 $470
76

Agenda Item # 7.A.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Kate Manisco, Recreation Manager
Reviewed by: Kristin Riesgo, Community Services Director Approved by: Joseph D. Toney, Acting City Manager
Date prepared: December 9, 2024 Meeting date: January 13, 2025 Subject: City Council Policy #42, Dial-A-Ride Program
RECOMMENDED ACTION: Adopt the revised City Council Policy #42, Dial-A-Ride Program, to amend the implementation section.

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 2024-25 Strategic Priority Project List.

DISCUSSION: On February 14, 2000, the Council adopted Policy #42, establishing the implementation and regulations for the Dial-A-Ride program. The policy outlines the geographic service area, hours of operation, and fees paid by program users. Since 2000, the policy was amended in 2013 and 2016 to adjust fees and to expand the geographic service area.

On July 26, 2024, the City released a Request for Proposal (RPF) for a Dial-A-Ride provider. During the RFP process, staff recognized that the Policy and program required an update. Changes to the Policy include,
Department
Change Parks and Recreation Department to Community Services Department Age
Change 60 years of age to 55 years of age.

The adjustment may increase ridership and expand services.

City Council Meeting
01-13-25
Item

7.A.
1

Agenda Item # 7.A.

Hours of Operation
Update operating hours to 8:00 AM – 5:00 PM Monday through Thursday and maintain 8:00 AM – 4:00 PM on Friday.

The adjustment will align City Hall Hours with Dial-A-Ride hours to ensure that Department staff can assist with potential program issues or concerns.

Service Areas
Expansion of service areas to the City of Agoura Hills and City of Calabasas, North of Las Virgenes Canyon Road.

Following a program evaluation, there was an overwhelming request to expand the service area to these cities. Riders go to these cities for doctor appointments.

Caregivers
Add Caregivers as an option to accompany riders on service trips.

Several participants who use the Dial-A-Ride service require additional care and are often accompanied by a caregiver.

Online Program Registration
Add an option for riders to register for the program through the City’s website.

Staff has prepared a revised policy aligned with current operational standards and recommends that the Council approve the revised City Council Policy #42.

ATTACHMENTS: 1) Revised Council Policy #42
2) Redline revisions to Council Policy #42
2 City of Malibu
Recycled Paper
City Council Policy
Policy #42
_______________________________________________________________________ Title: Dial-a-Ride Program
Purpose: To establish regulations as to the use of the Dial-a-Ride program by City residents Policy Statement:

The City Council, through the budget process, may allocate funds to provide transportation services to City residents. This program is commonly referred to as the “Dial-a-Ride” program.

To ensure proper use of these services, the following regulations are to be followed in the use of this program.

Implementation:

Use of this program is restricted to City residents. The Community Services Director will be the administrator of the program and will coordinate the service of the transportation provider and the residents who use the program.

The program is open to residents who are either 55 years of age or older or disabled which prevents them from operating a vehicle.

The hours of operation will be from 8:00 AM to 5:00 PM, Monday, Tuesday and Wednesday, and Thursday and from 8:00 AM to 4:00 PM on Friday.

In addition to Malibu City limits, the program will also include transportation outside of Malibu City limits to the following locations:
• City of Agoura Hills
• City of Calabasas, North of Las Virgenes Canyon Road
• The geographic area of Santa Monica includes the area between the ocean and 26th Street, south of California Avenue and north of Colorado Avenue. • UCLA Medical Center in West Los Angeles
• Kaiser Permanente Medical Centers in Woodland Hills and West Los Angeles • Veterans Hospital in West Los Angeles
The City will subsidize all costs of the program, except as follows:

Attachment 1
3 2
Recycled Paper
• Riders and caregivers will be required to pay $1.00 per one-way trip to the Malibu Senior Center, and $2.00 per one-way trip to all locations within the City limits of Malibu. • Riders and caregivers will be required to pay $4.00 per one-way trip to all locations outside the City limits of Malibu.

All persons who desire to use this program will be required to pre-register at the Malibu Senior Center or online on the City’s website. Registration will be available at no charge.

Date Adopted:

February 14, 2000
Date Amended:

June 12, 2013
November 14, 2016
January 13, 2025
4 City of Malibu
Recycled Paper
City Council Policy
Policy #42
_______________________________________________________________________ Title: Dial-a-Ride Program
Purpose: To establish regulations as to the use of the Dial-a-Ride program by City residents Policy Statement:

The City Council, through the budget process, may allocate funds to provide transportation services to City residents. This program is commonly referred to as the “Dial-a-Ride” program.

To ensure proper use of these services, the following regulations are to be followed in the use of this program.

Implementation:

Use of this program is restricted to City residents. The Community Services Parks and Recreation Director will be the administrator of the program and will coordinate the service of the transportation provider and the residents who use the program.

The program is open to residents who are either 60 55 years of age or older or disabled which prevents them from operating a vehicle.

To correspond with Senior Center programming hours, theThe hours of operation for trips within the Malibu City limits will be from 8:00 AM to 5:30 00 PM, Monday, Tuesday and Wednesday, and Thursday and from 8:00 AM to 4:00 PM on Thursday and Friday.

Program In addition to Malibu City limits, the program will also include transportation Monday – Friday from 8:30 AM to 4:30 PM outside of Malibu City limits to the following locations:
 City of Agoura Hills
 City of Calabasas, North of Las Virgenes Canyon Road
 Geographical are of Santa Monica that includes the area between the ocean and 26th Street that isThe geographic area of Santa Monica includes the area between the ocean and 26th Street, south of California Avenue and north of Colorado Avenue.  UCLA Medical Center in West Los Angeles
 Kaiser Permanente Medical Centers in Woodland Hills and West Los Angeles  Veterans Hospital in West Los Angeles
Attachment 2
5 2 Recycled Paper
The City will subsidize all costs of the program, except as follows:
 Riders and caregivers will be required to pay $1.00 per one-way trip to the Malibu Senior Center, and $2.00 per one-way trip to all locations within the City limits of Malibu.  Riders and caregivers will be required to pay $4.00 per one-way trip to all locations outside the City limits of Malibu.

All persons who desire to use this program will be required to pre-register at the Malibu Senior Center or online on the City’s website. Registration will be available at no charge.

All trips outside of Malibu will be on a scheduled basis.

Date Adopted:

February 14, 2000
Date Amended:

June 12, 2013
November 14, 2016
January 13, 2025
6

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: Joseph D. Toney, Acting City Manager
Date prepared: December 2, 2024 Meeting date: January 13, 2025 Subject: City Council Appointments to City Commissions and Committees RECOMMENDED ACTION:
1) Councilmembers Conrad, Silverstein, and Uhring to each make an appointment to the Malibu Arts Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Public Works Commission, and Wastewater Advisory Committee;
2) Mayor Pro Tem Riggins to make an appointment to the Malibu Arts Commission;
3) Council may appoint or affirm appointments of an ex officio member to the Cultural Arts Commission, Parks and Recreation Commission, and Public Safety Commission;
4) Council to appoint or affirm two at-large appointments to the Wastewater Advisory Committee;
5) Council to appoint or affirm five appointments and two alternate appointments to the Building Board of Appeals;
6) Mayor Stewart, Mayor Pro Tem Riggins, and Councilmembers Conrad, Silverstein, and Uhring to each make an appointment to the Mobilehome Park Rent Stabilization Commission
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 2024-25 Strategic Priority Project List.

DISCUSSION: Pursuant to Malibu Municipal Code (MMC) Title 2, Council appointments to various City Commissions run concurrently with the appointing Councilmember’s term.

Therefore, following the election, each newly elected Councilmember appoints City Council Meeting
01-13-25
Item

8.A.
1

Agenda Item # 8.A.

Commission members. Individuals may serve on only one commission, board, or committee at any given time, in accordance with Council Policy No. 48 – Opportunity to Serve (adopted February 25, 2013).

Appointments to the Harry Barovsky Memorial Youth Commission are at-large, run for one year at a time, and last occurred at the July 8, 2024 City Council meeting.

The following are the existing appointees on City Commissions. Members appointed by Councilmember Grisanti, Councilmember Silverstein, and Councilmember Uhring will continue to serve until replaced or reappointed.

Malibu Arts Commission:

The Malibu Arts Commission differs from other City Council Commissions in that MMC Section 2.26.030 states that an interview process shall precede appointments. All applicants have been invited to attend this meeting, so they may be called on to answer questions the Council may have pursuant to the interview requirement outlined in the MMC. Pursuant to MMC Section 2.26.020, a member of the Malibu Arts Commission shall be a resident of the City. The Council may appoint one ex officio member who lives outside the City limits but within the 90265-zip code area. An ex officio member shall not have a vote on the Commission.

The Malibu Arts Commission may make recommendations to the City Council with respect to matters concerning the cultural arts policy, facility rental fee policies for local cultural arts organizations, cultural arts-related general fund grant applications, use of city parks for cultural arts-related events, purchase of art by the city, cultural arts programs sponsored by the city, outreach to Malibu artists and cultural arts organizations, use of cultural spaces at Malibu City Hall, and such other matters as directed by the City Council.

Malibu Arts Commission
Appointee: Appointed By: Term Expires:

Vacant (resignation) Grisanti January 2025
Lotte Cherin Uhring January 2025
Barry Haldeman Stewart January 2027
Vacant (resignation) Riggins January 2027
Peter Jones Silverstein January 2025
Ex Officio Member –
Graeme Clifford Council at-large January 2025
2

Agenda Item # 8.A.

Parks and Recreation Commission:

Pursuant to MMC Section 2.32.020, a member of the Parks and Recreation Commission shall be a resident of the City. The Council may appoint one ex officio member who lives outside the City limits but within the 90265-zip code area. An ex-officio member shall not have a vote on the Commission.

The Parks and Recreation Commission may make recommendations to the City Council with respect to matters concerning the city's park development and operation, recreation programming, trails management, parks and recreation services, and such other matters as directed by the city council.

Parks and Recreation Commission
Appointee: Appointed By: Term Expires:

Jake Lingo Riggins January 2027
Georgia Goldfarb Silverstein January 2025
Suzanne Guldimann Uhring January 2025
Dane Skophammer Grisanti January 2025
Alicia Peak Stewart January 2027
Ex Officio Member –
Vacant Council at-large January 2025
Planning Commission:

Pursuant to MMC Section 2.36.020, a member of the Planning Commission shall be a resident of the City.

The Planning Commission makes decisions and recommendations on planning and land use matters for the City. Responsibilities include approving and denying proposed land use and development applications, such as conditional use permits (CUPs), coastal development permits (CDPs) and others. The Commission also considers proposed amendments to the City’s zoning and land use documents, such as the General Plan, the Zoning Code found in the Title 17 of the Malibu Municipal Code, and the City’s certified Local Coastal Program, and makes recommendations to the City Council on those amendments.

Planning Commission
Appointee: Appointed By: Term Expires:

Kraig Hill Silverstein January 2025
Drew Leonard Stewart January 2027
John Mazza Uhring January 2025
3

Agenda Item # 8.A.

Skylar Peak Riggins January 2027
Dennis Robert Smith Grisanti January 2025
Public Safety Commission:

Pursuant to MMC Section 2.40.020, a member of the Public Safety Commission shall be a resident of the City. The Council may appoint one ex officio member who lives outside the City limits but within the 90265-zip code area. An ex-officio member shall not have a vote on the Commission.

The Public Safety Commission may make recommendations to the City Council with respect to matters concerning the City's police and fire services, emergency medical services, animal control, emergency preparedness, traffic safety (including traffic law enforcement and traffic engineering), and such other matters as directed by the City Council.

Public Safety Commission
Appointee: Appointed By: Term Expires:

Chris Frost Stewart January 2027
Keegan Gibbs Uhring January 2025
Daphne Anneet Silverstein January 2025
Joshua Spiegel Grisanti January 2025
Brian Merrick Riggins January 2027
Ex Officio Member –
Brent Woodworth Council at-large January 2025
Public Works Commission:

Pursuant to MMC Section 2.44.020, a member of the Public Works Commission shall be a resident of the City.

The Public Works Commission may make recommendations to the city council with respect to matters concerning the City's capital projects including roads and pier, solid waste management, transportation, congestion management, storm water management, landslide abatement, film permits, public utilities, telecommunications, and all matters concerning public works services, and such other matters as directed by the City Council.

Public Works Commission
Appointee: Appointed By: Term Expires:

Mica Belzberg Riggins January 2027
Scott Dittrich Uhring January 2025
4

Agenda Item # 8.A.

Jo Drummond Silverstein January 2025
Wade Major Stewart January 2027
Don Maclay Grisanti January 2025
Wastewater Advisory Committee:

Following are the current Councilmember and Council at-large appointments to the Wastewater Advisory Committee. Council should make new individual appointments to the Committee and either re-appoint the at-large appointments or make new appointments to those positions. Members of the Wastewater Advisory Committee shall be: 1) Malibu residents or property owners, 2) currently employed within the City, or 3) wastewater or onsite wastewater treatment system professionals.

The Wastewater Advisory Committee may provide advice and recommendation to the City Council on matters relating to wastewater and onsite wastewater treatment systems.

Wastewater Advisory Committee
Appointee: Appointed By: Term Expires:

Nick Barsocchini Riggins January 2027
Steve Braband Silverstein January 2025
Vacant (resignation) Council at-large January 2025
Norm Haynie Stewart January 2027
Kevin Poffenbarger Grisanti January 2025
Andrew Sheldon Uhring January 2025
John Yaroslaski Council at-large January 2025
Building Board of Appeals:

Following are the current Council at-large appointments to the Building Board of Appeals.

Council should either affirm at-large appointments or make new appointments.

Building Board of Appeals
Appointee: Appointed By: Term Expires:

Marissa Coughlan Council at-large Upon resignation or
removal
Joseph M. Girard Council at-large Upon resignation or
removal
Scott Halley Council at-large Upon resignation or
removal
5

Agenda Item # 8.A.

Lynn Heacox Council at-large Upon resignation or
removal
Lisa Niles Council at-large Upon resignation or
removal
Alternate: Vacant Council at-large Upon resignation or
removal
Alternate: Vacant Council at-large Upon resignation or
removal
Mobilehome Park Rent Stabilization Commission:

Pursuant to MMC Section 2.28.010, a member of the Mobilehome Park Rent Stabilization Commission shall be a resident of the City. In addition, an appointee cannot currently be or, at any time during the immediately preceding five years have been, an owner of a Malibu mobilehome park or a mobilehome owner in a Malibu mobilehome park.

Within the limitations provided by law, the commission shall have the following powers and duties:

A. To receive, investigate, hold hearings on, and pass upon all issues relating to mobilehome park rent stabilization, as set forth in this chapter; B. To make or conduct such independent hearings or investigations as may be appropriate to obtain such information as is necessary to carry out its duties; C. To adjust space rents either upward or downward upon completion of its hearings and investigations; and
D. To adopt, promulgate, amend and rescind administrative rules to effectuate the purposes and policies of this chapter, within the limitations provided by law or by rules adopted by the city council.

The Commission last met on March 13, 2008. On January 9, 2023, Council deferred appointments until such a time as it is necessary for the Commission to meet. On October 28, 2024, Council determined that it would fill the vacancies on the Commission in January 2025.

The Council should make individual appointments to the commission.

Mobilehome Park Rent Stabilization Commission
Appointee: Appointed By: Term Expires:

Vacant Grisanti
Vacant Silverstein
Vacant Uhring
Vacant Riggins
Vacant Stewart
6

Agenda Item # 8.A.

ATTACHMENTS:

Applications received to date.

Notice of Unscheduled Vacancy
7 Attachment 1
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 City of Malibu
23825 Stuart Ranch Road ꞏ Malibu, California ꞏ 90265-4861 Phone (310) 456-2489 ꞏ Fax (310) 456-3356 ꞏ www.malibucity.org Unscheduled Vacancy Notice
(Government Code Section 54974)

VACANT POSITION PREVIOUS INCUMBENT DATE APPOINTMENT

CAN BE MADE
Malibu Arts Julia Holland January 13, 2025
Commission
Interested citizens should contact the City Clerk at (310) 456-2489, extension 228 or by email at [email protected] for more information.

Posted: December 20, 2024
______________________________
Kelsey Pettijohn, City Clerk
Attachment 2
45

Agenda Item # 8.B.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Joseph D. Toney, Acting City Manager
Date prepared: December 2, 2024 Meeting date: January 13, 2025 Subject: City Council Subcommittees, Ad Hoc Committees and Outside Agency Appointments
RECOMMENDED ACTION:
1) Review current City Council Subcommittees, determine whether to retain each Subcommittee, and affirm, modify or make new appointments, as necessary;
2) Confirm which City Council Ad Hoc Committees have completed assigned tasks and dissolve such Committees, or determine to retain the Committee and affirm, modify or make new appointments, as necessary; 3) Consider establishing a Mobilehome Park Rent Control Regulations Ad Hoc Committee and appoint members;
4) Consider establishing a Use of Public Parks and Property Ad Hoc Committee and appoint members;
5) Consider creation of new City Council Ad Hoc Committees and appoint members; and
6) Affirm Outside Agency appointments and/or make appointments, as necessary.

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 2024-25 Strategic Priority Project List.

DISCUSSION: The reorganization of, and appointment to, City Council Subcommittees, Ad Hoc Committees, and Outside Agencies occurs after the City’s General Municipal Election held in November of even-numbered years.

City Council Meeting
01-13-25
Item

8.B.
1

Agenda Item # 8.B.

The following are the current appointments to City Council Subcommittees. The Council should affirm or modify appointments and make any necessary appointments to fill vacancies. City Council Subcommittees are standing committees with a continuing subject matter jurisdiction and meet on an as-needed basis. Meetings of City Council Subcommittees are open and public pursuant to the Ralph M. Brown Act and pursuant to a posted agenda.

City Council Subcommittee Members
Administration & Finance Subcommittee Stewart / Silverstein Environmental Sustainability Subcommittee Uhring / Riggins Library Subcommittee Silverstein / Riggins
Parks and Recreation Subcommittee Vacant / Vacant
Public Safety Subcommittee Grisanti / Stewart
Public Works Subcommittee Grisanti / Stewart
Zoning Ordinance Revisions & Code
Enforcement Subcommittee (ZORACES) Uhring / Riggins
The following are the current appointments to City Council Ad Hoc Committees. Pursuant to the Ralph M. Brown Act, Ad Hoc Committees may be used only to perform a single limited task and are not permitted to have continuing jurisdiction over a subject matter area or particular issue. Ad Hoc Committees are not required to hold public meetings and will meet on an as-needed basis with staff and other stakeholders. They can consist only of two members of the City Council.

On October 28, 2024, the Council directed staff to bring back an item to consider forming an Ad Hoc Committee to consider changes to the Mobilehome Park Rent Control Regulations and directed the City Attorney to review the current regulations. Should the Council choose to formally establish a Mobilehome Park Rent Control Regulations Ad Hoc Committee it should select two members to serve on it and provide direction on the report/recommendation the ad hoc is to provide.

On November 25, 2024, the Council directed staff to bring back an item to consider forming an Ad Hoc Committee to evaluate current and potential future recreational and other use of City properties, including the Malibu Bluffs Park snack shack. Should the Council choose to formally establish a Use of Public Parks and Property Ad Hoc Committee it 2

Agenda Item # 8.B.
should select two members to serve on it and provide direction on the report/recommendation the ad hoc is to provide.

In an effort to formally dissolve those Ad Hoc Committees that have completed assigned tasks, staff requests Council review the following list and determine if the tasks have been completed. If so, the Ad Hoc Committee should be dissolved. If the task has not been completed, the Council should retain the Ad Hoc Committee and affirm or modify appointments and make any necessary appointments to fill vacancies.

Ad Hoc Committee Date Established Purpose Members
City Council Policy
Review Ad Hoc1
April 8, 2019 To review the City Council
Policies and bring back
any recommended
revisions to the Council.

Silverstein/
Stewart
Development
Services Ad Hoc2
January 9, 2022 To receive updates on the
Development Services
Review
Uhring / Riggins
Sweetwater Mesa /
Primrose Properties
Ad Hoc
December 28,
2022
To explore options related
to properties for sale at:

APN 4453-005-013
APN 4453-005-018
APN 4453-005-111
APN 4453-005-114
APN 4453-005-117
APN 4453-005-118
APN 4459-004-001
APN 4459-004-004
APN 4459-005-003
APN 4459-005-013
APN 4459-005-001
Riggins /
Stewart
1 Originally formed to review the City Council Policies and has subsequently been assigned work related to the Top Workplace Culture priority. To better serve the scope of work that is needed, staff recommends dissolving the City Council Policy Review Ad Hoc and establishing a Policy and Culture Ad Hoc to complete the review of the City Council Policies and work with staff to make recommendations to the City Council on the Top Workplace Culture projects identified in the Strategic Workplan 2 The Comprehensive Development Services Review Report was completed and presented to the Council on August 28, 2023.

Council may consider disbanding the Development Services Ad Hoc. 3

Agenda Item # 8.B.

Ad Hoc Committee Date Established Purpose Members
Road Race Policy
Ad Hoc3
January 9, 2023 To review the Road Race
Policy and provide
recommendations to the
Council regarding
proposed races
Grisanti /
Riggins
School District
Separation Ad Hoc
October 9, 2017 To monitor the petition for
school unification and
make recommendations
to the Council with respect
to any action required by
the City regarding
separation from the Santa
Monica-Malibu Unified
School District.

Grisanti /
Riggins
School Safety Ad
Hoc4
June 27, 2022 To research school safety
issues, review and
provide input on requests
for proposals, and report
and provide
recommendations to the
City Council on these
issues
Silverstein /
Grisanti
Sheriff’s Substation
Ad Hoc
January 9, 2022 To examine alternative
staffing levels and
services to be provided in
conjunction with the
planned Sheriff’s
Substation
Grisanti /
Stewart
Short-term Rental
Ad Hoc
January 9, 2023 To examine options for
short-term rental
regulations in the City and
bring a recommendation
to the City Council
Silverstein /
Riggins
3 The Request for Proposals process has been completed and agreements have been awarded for the two allowable road races.

Council may consider disbanding the Road Race Ad Hoc. 4 The Comprehensive School Safety Assessment report has been completed and the full report was provided to the Santa Monica-Malibu Unified School District. Council may consider disbanding the School Safety Ad Hoc 4

Agenda Item # 8.B.

Following are outside agencies on which the Council has appointments that should be affirmed and/or updated by the Council as noted. Outside agency appointments with positions designated by titles cannot be changed. All appointments are delegate/alternate unless otherwise noted.

Outside Agency Regular Meeting
Date/Schedule Delegate/Alternate
California Contract Cities
Association
Third Wednesday
of each month at
6:00 p.m.

Silverstein / Uhring
California Joint Powers
Insurance Authority (CJPIA)
Annual meeting in
July Riggins / Silverstein
Clean Power Alliance of
Southern California
First Thursday of
each month at 2:00
p.m.

Riggins / Uhring
Las Virgenes – Malibu Council of
Governments (COG)
Third Tuesday of
each month at 8:30
a.m.

Grisanti / Stewart
Los Angeles International Airport
(LAX) Community Noise
Roundtable
Third Wednesday
of each oddnumbered month at
1:30 p.m.

Rick Mullen / Public Works
Director
League of California Cities, Los
Angeles County Division
As needed Mayor / Mayor Pro Tem
Los Angeles County City
Selection Committee
As needed Mayor
Malibu Public Facilities Authority
(a Joint Powers Authority
between City of Malibu and
Santa Monica College)
Annual meeting the
second Wednesday
of September at
1:00 p.m.

Mayor and Mayor Pro Tem
(two-person appointment)
Metropolitan Transportation
Authority, North County Sector
As needed Mayor
Pacific Coast Highway (PCH)
Taskforce
As needed Uhring and Stewart (twoperson appointment)
Santa Monica Bay Restoration
Commission5
Third Thursday of
each month at 9:30
a.m.

Uhring
5 Appointed by Las Virgenes-Malibu Council of Governments. 5

Agenda Item # 8.B.

Santa Monica Mountains
Conservancy Advisory
Committee6
Fourth Monday of
each month at 6:30
p.m.

Lloyd Ahern
Southern California Association
of Governments (SCAG)7
Regional representative -
Dave Shapiro, City of
Calabasas *
ATTACHMENTS: None.
6 Santa Monica Mountains Conservancy meets on the fourth Monday of each month, which conflicts with Regular City Council meetings. There is no provision for an alternate appointment. 7 Appointed by Las Virgenes-Malibu Council of Governments. 6