Agenda packet, first session — Malibu City Council, February 10, 2025 (part 4 of 4)

City Initials ______
Consultant Initials ______

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 ______

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This Agreement is executed on _____________________, at Malibu, California, and effective as of January 27, 2025.

CONSULTANT:
_______________________________
By:

CITY OF MALIBU:
___________________________________
DOUG STEWART, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
Jeff Edwards, Vice President
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EXHIBIT A

SCOPE OF WORK
TASK ONE – CURRENT PLANNING SERVICES
The Consultant shall perform professional municipal planning case management services at the Principal Planner / Senior Planner level for applicant-initiated applications as assigned by the Planning Department to include the following services: conformance reviews, discretionary case processing, project management, staff report preparation, CEQA documentation, review of conditions of approval, and attendance at required meetings for the Environmental Review Board (ERB), Planning Commission, and City Council. As part of this work, the selected consultant shall:
• Demonstrate expertise similar to a Principal Planner / Senior Planner in municipal planning case management.
• Review applications for complex residential and commercial development; evaluate alternatives and conformance with the City’s General Plan, Municipal Code, Local Coastal Program, and State laws; and prepare recommendations for action by City staff, elected or appointed officials.
• Process coastal development permits (CDP), administrative plan reviews (APR), site plan reviews (SPR), minor modifications, variances, conditional use permits, subdivisions, parcel maps, and other entitlements as assigned. • Confer with and provide information to property owners, contractors, developers, engineers, architects, and the public regarding conformance to standards, plans, specifications and codes; explain codes, requirements and procedures, and evaluates alternatives.
• Coordinate with outside agencies and City departments involved as part of the development review process.
• Conduct final planning inspections, story pole visits, and other site visits as necessary.
• Review applications and projects for compliance with CEQA. • Make presentations to the Planning Commission, City Council, and various committees and commissions, and attend evening meetings as required. • Prepare staff reports, resolutions, and ordinances for the Planning Commission, Environmental Review Board, and City Council.
• May be requested to work on long-range planning projects. • Demonstrate an area of expertise with regulatory documents similar to those used by the City of Malibu Planning Department:

City of Malibu Local Coastal Program
City of Malibu Municipal Code Title 16 (Subdivision) and Title 17 (Zoning) City of Malibu General Plan
City Maps including LCP maps, Zoning Maps, Land Use Maps, Cultural Resources Maps, Overlay Districts, etc.

Coastal Act
CEQA Guidelines
Subdivision Map Act
Permit Streamlining Act
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• Prepare documentation, in a form prescribed by the City, normally associated with case processing.
• Incomplete/Complete Letters processed within 30 calendar days of project submittal (target goal)
• Noticing Requirements for CDPs shall be processed before applications are deemed complete
• Notice of Decisions for APR/SPRs shall be processed no sooner than 21 days no later than 30 calendar days from the date of the issuance of the Notice of Application
• Ensure that Planning fees are paid and included in incomplete letters • Staff reports for the Planning Commission, Environmental Review Board, and City Council shall be submitted to staff in final form including attachments, resolutions, and ordinances, if applicable. This includes thorough editing and proofreading and preparation of exhibits prior to submittal to staff for review.
• Update Planning long range agenda and keep abreast of pertinent deadlines.
• The Development Database shall be maintained. All project milestones shall be entered as they are performed. The Note section shall reflect current status of the project and all communications with applicants, owners, appellants, and interested parties.
• Attend Planning Department staff meetings only upon the request by the Planning Director or his/her designee
• Attend trainings as requested by the Planning Director or his/her designee • Stay abreast of new City and/or departmental policies and procedures as provided in emails, meetings, etc.
• Provide other services as requested by the Planning Director • Review Conditions of Approval prior to final planning approval • Stamp plans at appropriate review stages and conform plans accurately to reflect project approval
• Perform project management duties including the maintenance of the development database and tracking of deadlines, application submittal requirements, and workload.

TASK TWO – OTHER PLANNING SERVICES
• Perform project management duties including the maintenance of the development database and tracking of deadlines, application submittal requirements, and workload.
• Response Turnaround Times: Respond within one (1) business day to questions from City staff and members of the public Record Keeping: Maintain proper record keeping. Files shall be organized, up to date, and ready for public review at all times including digital records. All records shall be date-stamped and properly identified. City records, including planning files, shall not be removed from City Hall without authorization. In addition, the Development Database shall be maintained with all project milestones and reflect current status.
• Meetings: Meetings with applicants and members of the public shall be held in City Hall or on the project site (e.g., onsite visits). In an effort to create a perception of unbiased level of customer service, socializing with applicants is strongly discouraged.

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• Demonstrate knowledge of computer applications including Microsoft Office Word, Excel, PowerPoint, Access, Teams, and GIS.

TASK THREE – PROJECT INITIATION
Attend an introductory meeting with staff to review the project tasks, schedule, and expectations and establish logistical coordination.

TASK FOUR – ENGINEERING SERVICES
As directed by the City, the Consultant shall perform the following services:
• Prepare design plans and technical reports at the request of the Public Works Director or their designee.
• Perform technical review of design plans and technical reports at the request of the Public Works Director or their designee.
• Provide field inspection during construction, provide recommendations for the issuance of Certificates of Occupancy, and at the proper time, recommend acceptance of the work.
• Develop and implement engineering design plans for repairs of damaged or destroyed infrastructure.
• Provide technical oversight and project management for recovery efforts.

Including ensuring all repairs comply with applicable regulations, standards, and best practices.
• Assist in securing disaster recovery funding by preparing documentation and cost estimates for reimbursement through government programs (FEMA, CalOES grants) • Locate property lines, road centerlines, land contours, fixed works for design surveys and other maintenance services.
• Perform benchmark and control surveys (geodetic).
• Perform property surveys including analysis of title information. • Prepare topographic and property maps from survey data. • Prepare survey reports describing survey methodology and results. • Prepare property descriptions, legal descriptions, right-of-way maps, and plats. • Inventory, research, preserve and reset city monumentation infrastructure. • Prepare records of survey and corner records.
• Perform construction layout and provide cut sheets.
• Perform map checking services for tentative tract and parcel maps, and final tract and parcel maps.
• Perform plan checking services for Certificates of Compliance, lot line adjustments, and mergers.
• Provide drafting and computer aided drafting.
• Provide other professional consultant services as directed by the City.

TASK FIVE – ADMINISTRATIVE SUPPORT
As directed by the City, the Consultant shall perform the following services:
• Provide Project/Program Management to the City’s Capital Improvement Program including quarterly and annual reporting as required by grant funding, reimbursement requests and other grant funding requirements.

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• Prepare and distribute change orders, progress payments, RFI responses, submittal responses, and other administrative support associated with the City’s Capital Improvement Program.
• Provide field inspection during construction and provide appropriate documentation. • General office support includes preparing reports, letters, memos and any other general office duties.

TASK SIX – BUILDING SAFETY SUPPORT
Building Permit and Code Enforcement
• Issue building permits for disaster-related repairs, temporary structures, and reconstruction, ensuring compliance with current building codes and safety regulations. • Enforce local building codes and regulations to ensure that recovery efforts are completed safely and in compliance with legal requirements.
• Review and approve construction plans for disaster recovery projects.

Inspection Services
• Perform inspections of buildings to assess safety, structural integrity, and compliance with codes during disaster recovery.
• Coordinate with contractors, engineers, and architects to ensure proper repair methods are used and adhere to building safety standards.
• Issue Certificates of Occupancy for structures deemed safe for occupancy.

Documentation and Reporting
• Maintain accurate records of all inspections, damage assessments, permits issued, and any code violations.
• Prepare detailed reports on the status of inspections, repair needs, and recovery progress for city officials and stakeholders.
• Support grant applications and recovery funding efforts by providing necessary documentation and compliance reports.

Communication Support and Communication
• Provide clear communication with the public and property owners regarding building safety concerns, permitting processes, and inspection timelines. • Respond to inquiries and provide advice on disaster recovery-related building safety. • Collaborate with emergency management teams to prioritize inspections based on the severity of damage and community needs.

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EXHIBIT B

COMPENSATION SCHEDULE
This section describes the rates and general payment terms for the services described in this Scope of Work.

Scope of Work Amount
Fire Rebuild Contract Planning Services (Tasks One
– Two)
$265,000
Not to exceed $11,000 per month
Public Works support services (Tasks Three – Five) $150,000 *Not-to-exceed amounts are general guidelines to maintain services throughout the term of the agreement.

FEE
Consultant will perform the services on an hourly basis, in accordance with schedule of fees below. The Not to Exceed Fee represents all cost associated with the delivery of each task including travel time with the exception of travel expenses as described in Section 3 below. An itemized invoice of specific tasks shall be provided on invoices.

All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, travel, and office expenses.

Prior to commencing work for the City of Malibu by any consultant staff members, authorization must be granted by the Planning Director/Public Works Director or their designee.

TRAVEL EXPENSE BUDGET
Reimbursement for all expenses reasonably incurred by the Consultant in connection with services provided such as lodging and transportation cost which exceed attendance of meeting in excess of 50 miles from Consultant’s address. An estimate of travel expenses shall be preapproved by the Planning Director. Mileage shall be reimbursed at the IRS prevailing rate. City will not reimburse for meals. Expenses will appear on invoices without any markup, with proof of payment, and due and payable within thirty (30) days after receipt by the City.

NON-BILLABLE ADMINISTRATIVE OVERHEAD
The Consultant will bill only for time spent performing assigned professional work. All other activities associated with carrying out the contract are not billable, and are therefore, considered overhead or administrative functions contained within the hourly rate. Typical examples of nonbillable overhead activities are:
• Discussion with staff or applicant about the cost of services or to address billing disputes. • Meetings to discuss work performance, contract or additional services. • Travel time to and from the City of Malibu (not related to Scope of Work). • Preparation of invoices and other administrative clerical services. • Contract administration, such as preparing or discussing contract amendments. • Time spent resolving errors in the event the Consultant is responsible.

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EXHIBIT C

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.

Should Consultant obtain and maintain an excess liability policy, such policy shall be excess Agreement for Professional Services
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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 shall require similar written express waivers and insurance clauses from each of its subconsultants.

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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.

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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.

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of _______________________, 2025 by and between the City of Malibu (hereinafter referred to as the "City"), and Rincon Consultant Inc. (hereinafter referred to as "Consultant").

The City and the Consultant agree as follows:

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

B. The City desires to contract out for consulting services for certain natural disaster recovery projects relating to Environmental Programs to include stormwater management, water quality compliance, and spill response.

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

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

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

1.0 SCOPE OF THE CONSULTANT’S SERVICES. The Consultant agrees to provide the services and perform the tasks set forth in the Scope of Work, attached to and made part of this Agreement, 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 10, 2025, and will remain in effect for a period of two (2) years from said date unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein. Upon expiration of the Term, the Agreement will be automatically extended on a monthto-month basis unless either party terminates the Agreement upon at least ten (10) days written notice.

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 (Exhibit B). No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his or her Agreement for Professional Services
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designee.

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

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

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

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

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

6.0 GENERAL TERMS AND CONDITIONS.

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

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

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

6.1.2 If the Consultant or the City fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Consultant or the City violate any of the covenants, agreements, or stipulations of this Agreement, the Consultant or the City shall have the right to terminate this Agreement by giving written notice to the other party of such termination and specifying the effective date of such termination. The Consultant shall be entitled to receive compensation in accordance with the terms of this Agreement for any work satisfactorily completed hereunder. Notwithstanding the foregoing, the Consultants shall not be Agreement for Professional Services
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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.

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

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

6.4 Insurance. The Consultant shall submit to the City certificates indicating compliance with the following minimum insurance requirements no less than one (1) day prior to beginning of performance under this Agreement. 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, defend, and hold harmless City and any and all of its officials, employees, agents, and volunteers (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to or relate to the negligence, recklessness, or willful misconduct of the Consultant.

Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault.

Consultant’s percentage of fault, for both indemnity and defense, shall be determined, as applicable, by a court of law, jury, or arbitrator. In the event any loss, liability, or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, and the parties cannot mutually agree on Consultant’s percentage of fault, the parties agree to mediation with a neutral third-party to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City.

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

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

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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 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 Agreement for Professional Services
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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 that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.

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

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

Agreement for Professional Services
Rincon Consultants, Inc.

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CITY: Joseph Toney CONSULTANT: Torin R. Snyder
Acting City Manager Principal
City of Malibu Rincon Consultants, Inc.
23825 Stuart Ranch Road 1250 East 1st Street, Suite 301 Malibu, CA 90265-4861 Los Angeles, CA 90012
TEL (310) 456-2489 x 226 TEL (805) 644-4455 x 219
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 ______

This Agreement is executed on _____________________, at Malibu, California, and effective as of January 10, 2025.

TRS
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CONSULTANT:
_______________________________
By: TORIN SNYDER, Principal
Rincon Consultants, Inc.

CITY OF MALIBU:
___________________________________
DOUG STEWART, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
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EXHIBIT A

SCOPE OF WORK
Fire Debris and Hazardous Materials Management
Oversee and/or conduct site assessments to identify and categorize fire debris and hazardous materials.

Develop, implement, and/or oversee management plans to remove and dispose of fire debris and hazardous materials safely.

Coordinate with local, state, and federal agencies to evaluate compliance with applicable regulations.

Erosion/Sediment Control, Stormwater, and Watershed Management Assess areas at risk of erosion and sedimentation within the burned and un-burned areas.

Work with contractors to design and implement erosion and sediment control measures.

Inspect and monitor control measures, coordinate with contractors to evaluate their effectiveness, and make additional recommendations if they are not effective.

Develop stormwater management plans to address increased runoff and potential contamination from fire-affected areas.

Monitor stormwater systems to evaluate if they are functioning as designed.

Assess the impact of burned and unburned areas on local watersheds.

Develop and implement watershed management plans to restore and protect watershed health.

Coordinate with stakeholders to establish and implement an integrated watershed management approach.

Debris Flow Planning and Response
Identify areas at risk of debris flows due to fire damage.

Develop debris flow response plans, including early warning systems.

Support coordination of response measure implementation during debris flow events to protect public safety and infrastructure.

Natural and Cultural Resources
Provide biological, archaeological, and Native American specialists to support emergency preparedness planning and response activities, which may be developed before and following intense storm events.

Provide regulatory coordination and notification support for emergency permitting and monitoring requirements.

Assess jurisdictional delineations that may be impacted, such as federal waters of the US, non-federal waters of the State, Coastal Zone, critical habitat, culturally sensitive areas, etc.

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Land-use Planning
Support property owners with investigation of damaged properties and rebuilding efforts.

Create informational packets for impacted property owners regarding permitting and planning processes to guide rebuilding activities.

Engage in revisioning discussions with the City/public for more resilient buildings/infrastructure systems.

Field Investigation and Inspection
Perform field inspections to support the above activities, which may include assessing the condition of City-owned and private infrastructure, monitoring water quality in fire-affected drainage areas, and investigating natural and cultural resources.

For difficult-to-reach areas (due to road conditions/closures, locked gates, etc.), we can deploy and collect drone imagery to assess property damage.

Document findings and provide reports to the City.

Recommend corrective actions/recommendations as needed.

Data Management Services
Create a data management system including an integrated ArcGIS geodatabase and web map tool to facilitate data visualization and communication.

Utilize digital Survey123 inspection forms and data sheets to enhance data quality and organization for reporting and planning purposes. This would integrate data workflows from various data sources (e.g., field investigations, building surveys, environmental samples) to facilitate consistency across the team, which would be expected to include City staff, contractors, local and state agencies, and special districts.

Administrative Services
Public Information Requests
Processing and Management: Handling and tracking public information requests.

Compliance Assurance: Ensuring adherence to regulations regarding public records.

Digital Solutions: Use of software systems for electronic records management.

Agency Coordination
Inter-Agency Communication: Facilitating communication between City departments and other government agencies.

Project Management: Overseeing joint projects involving multiple agencies.

Data Sharing: Establishing protocols for secure data sharing.

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Other Public Services
Community Outreach: Supporting the design and implementation of community engagement programs and activities.

Grant Writing: Assisting with grant applications.

Staffing
We anticipate that the City will require up to two full-time staff reporting primarily in person at City Hall through March 31, 2025, for initial fire response activities and one full-time staff member through June 30, 2025, for initial rebuilding activities. This would include one senior-level professional and one mid-level professional, who will have relevant experience and capabilities to support the City’s needs.

We also anticipate the need for field technicians to support the City with field investigations, inspections, surveys, and other field services.

Senior-Level Professional: Responsible for overseeing all project activities under the direction of the City, evaluating compliance with regulations, and coordinating with stakeholders and interested parties.

Mid-Level Professional: Assists the senior-level professional in executing project tasks, conducting field inspections, and preparing reports.

Field Technicians: Support senior and mid-level professionals with field investigations, inspections, surveys, and other field services to advance the City’s response and rebuild objectives.

The primary Rincon team will be supported by Rincon’s bench of staff with applicable technical expertise and experience working with the city and other municipalities and agencies in the region. This extended team can be called upon by the City as needed and includes Professional Geologists and Engineers, Certified Hydrogeologists, Qualified Stormwater Professionals, Biologists, Archaeologists, Architectural Historians, Land Use Planners, and Coastal Resource Planners.

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EXHIBIT B

COMPENSATION FOR SERVICES
Rincon’s staff can begin immediately, reporting in person at City Hall for up to 5 days per week from 8:00 AM to 5:00 PM. For budgetary purposes, we have created the following table to outline specific assumptions for standard 40-hour work weeks for senior and mid-level professionals and standard 10- hour days for field technician services. While we have included a total estimate for the total number of weeks and days needed, the City may amend the contract budget and scope based on these assumptions.

Note that we have also included an approximately 15% contingency budget to account for specialized equipment and additional services.

Staff Category Standard
Hourly Feea
Hours per
Week
Weekly/Daily
Budgetb
Number of
Weeks/Days
Total Budget
Period of Performance through March 31, 2025
Senior-Level
Professional
Supervisor I -
$282 40 $14,550 10 $145,500
Mid-Level
Professional
Senior
Profession I -
$246
40 $12,750 10 $127,500
Field
Technician
Professional III -
$203 20 $4,240 10 weeks, 2 days per week $42,400
Period of Performance through March 31, 2025, through June 30, 2025 Senior-Level
Professional
Supervisor I -
$282 24 $8730 13 $113,490
Mid-Level
Professional
Senior
Profession I -
$246
24 $7,650 13 $99,450
Field
Technician
Professional III -
$203 20 $4,240 13 weeks, 2 days
per week $55,120
Budget through March 31, 2025 $315,400
Budget March 31, 2025 through June 30, 2025 $268,060
Contingency Budget (~15%) for Specialized Equipment and Additional Services $87,519 Recommended Budget through June 30, 2025 $670,979
Rincon has been committed to supporting the City since 2013 and will continue to do so through this critical period. We welcome any questions or comments about our services and this scope of work. a Based on Rincon’s 2025 Standard Fee Schedule (attached), which is subject to annual escalation. b Includes $90 daily vehicle rate and a two-hour mobilization fee per staff person.

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EXHIBIT C

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.

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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 Agreement for Professional Services
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Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

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 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 Agreement for Professional Services
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additional costs to the Consultant, the City and Consultant may renegotiate the Consultant’s compensation.

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of ____________________, 2025 by and between the City of Malibu (hereinafter referred to as the "City"), and Solid Waste Solutions, Inc. (hereinafter referred to as "Consultant").

The City and the Consultant agree as follows:

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

B. The City desires to contract out for consulting services for certain wildfire recovery projects relating to solid waste 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:

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Solid Waste Solutions, Inc.

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

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

6.0 GENERAL TERMS AND CONDITIONS.

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.

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

6.5 Indemnification.

Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault.

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 Agreement for Professional Services
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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.

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

6.12 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.

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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.

6.19 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:

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Solid Waste Solutions, Inc.

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EXHIBIT A

SCOPE OF WORK

1. Provide strategic regulatory analysis and guidance to support solid waste program challenges post-disaster.

2. Provide staff to complete tasks at City Hall during business hours Monday-Friday (8 AM – 5 PM). The days for such services will be adjusted if mutually agreed upon with the City.

3. Property/Site Review: Provide staff to assist with general onsite work including:
• Field evaluations under the direction of City staff
• Develop impacted property list which can include onsite address identification • Develop Right of Entry paperwork, distribution of the forms, receipt of signed documents, etc.
• Evaluate other safety precautions that may be needed in the neighborhoods (e.g., safety fencing)
• Field evaluations of the guard rails condition
• Onsite coordination of the City contractors removing household hazardous waste and debris
• Review Malibu area storm drains for damage, functionality, etc.

4. Solid Waste/Recycling/Organics Services: Coordinate with the haulers to accurately track and report disaster debris. Assist with compliance initiatives and regulations related to State AB 939 and SB 1383.

5. Debris Removal Program Coordination. Assist the City with coordinating the debris removal contract (e.g., direct coordination with community members and the contractors providing the debris removals).

6. Assist with City’s stormwater response by providing field staff to support inspections.

7. FEMA Coordination: Assist with processing FEMA/OES disaster recovery paperwork (e.g., project definitions/scope of work, coordination with the OES/FEMA disaster assistance representatives, ongoing monitoring of project costs, OES/FEMA audit support).

8. Construction Management: Staff assistance with the preparation or review of project specifications, bidding phase, preparation of documents for the award of contracts, project accounting, contractor bill review and processing, preparations of documents for project acceptance, and attendance at required meetings.

9. Provide data management services to provide timely research and queries to support City staff and public with various inquiries.

10. Represent the City and record notes for miscellaneous meetings, such as CalRecycle meetings regarding disaster debris.

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11. Coordinate with local trash and recycling facilities and waste collectors to ensure the effective collection of trash and recyclable materials from the disaster debris.

12. Coordinate waste hauling schedules to minimize disruption to affected communities while maximizing efficiency in debris removal operations.

13. Provide regular updates and reports to the City on the status of waste hauling operations, including progress, challenges, and resource needs.

14. Provide regular progress reports to the City, including detailed information on completed work, any operational challenges, and anticipated timelines for debris removal.

Agreement for Professional Services
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EXHIBIT B

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 by the City Manager, or designee.

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

Professional Staff Hourly Rate
Project Management $133.00/hour
Senior Manager/Computer
Programming / DatabaseDevelopment/Management
$174.00/hour
Principal $199.00/hour
Travel Actual Costs
2025 IRS Mileage Reimbursement $0.70/mile
All rates listed above shall include overhead costs including, but not limited to salaries, benefits, 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.

Annual Escalation. Standard rates increase per year is limited to the Cost of Living Adjustment (COLA) as adopted in the City’s budget. All subcontractors shall adhere to this limit to rates increase.

Non-Billable Administrative Overhead
The Consultant will bill only for time spent performing assigned professional work. All other activities associated with carrying out the contract are not billable and are therefore considered overhead or administrative functions contained within the hourly rate. Typical examples of nonbillable overhead activities are:
• Discussion with staff or applicant about the cost of services or to address billing disputes. • Meetings to discuss work performance, contract, or additional services. • Travel time to and from the City of Malibu.
• Preparation of invoices and other administrative clerical services. • Contract administration, such as preparing or discussing contract amendments. • Time spent resolving errors in the event the Consultant is responsible.

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EXHIBIT C

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.

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 Agreement for Professional Services
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performance of the Work hereunder by Consultant, their agents, representatives, employees, or subconsultants.

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AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of _________________________, 2025 by and between the City of Malibu (hereinafter referred to as the "City"), and True North Compliance Services, Inc. (hereinafter referred to as "Consultant").

The City and the Consultant agree as follows:

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

B. The City desires to contract out for consulting services for certain wildfire recovery projects relating to plan check 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:

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

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

6.0 GENERAL TERMS AND CONDITIONS.

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 offset anticipated damages.

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

6.5 Indemnification.

Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault.

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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.

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

6.12 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.

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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.

6.19 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:

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CITY: Joseph Toney CONSULTANT: Isam Hasenin
Acting City Manager President
City of Malibu True North Compliance Services,
Inc.
23825 Stuart Ranch Road 3939 Atlantic Ave., Suite 224
Malibu, CA 90265-4861 Long Beach, CA 90807
TEL (310) 456-2489 x 226 TEL (858) 260-0495
FAX (310) 456-2760

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

City Initials ______
Consultant Initials ______

City Initials ______
Consultant Initials ______
This Agreement is executed on _____________________, at Malibu, California, and effective as Agreement for Professional Services
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of January 10, 2025.

CONSULTANT:
_______________________________
By: ISAM HASENIN, President
True North Compliance Services
CITY OF MALIBU:
___________________________________
DOUG STEWART, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
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EXHIBIT A

SCOPE OF WORK
Building/Grading & Drainage:

1. Review all building construction documents for compliance with the California Building Code (CBC), Mechanical Code (CMC), Plumbing Code (CPC), Electrical Code (CEC), and Energy Code as amended by Los Angeles County, as amended by the City of Malibu.

2. Review Grading and Drainage documents for compliance with the California Building Code (CBC) as amended by the County of Los Angeles (Appendix J), as amended by the City of Malibu.

3. Review all development documents as requested by the City.

4. 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.

5. Prepare grading bond calculations based on the City’s grading bond formula.

6. Perform all plan checks at consultant’s offices.

7. Provide plan review staff for routine office hours at City Hall, 8:00 AM - 5:00 PM. The days for such services will be adjusted if mutually agreed upon with the City.

8. Provide permit technician staff for routine office hours at City Hall, 8:00 AM - 5:00 PM.

The days for such services will be adjusted if mutually agreed upon with the City.

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

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

11. Develop grading plans to ensure proper site preparation for rebuilding efforts, considering the need for fire-resistant landscaping and effective stormwater management.

12. Incorporate fire-resilient principles into grading and drainage designs, including measures to limit fire spread via appropriate grading around structures and defensible space.

13. Ensure that drainage solutions are designed to reduce flood risks in wildfire-impacted areas, especially where fire damage may have compromised natural drainage patterns.

14. Address potential hazards such as sediment flows, mudslides, or debris flows that could result from damaged landscapes post-fire.

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15. Provide any additional support related to grading, drainage, and building site preparation as needed during the fire recovery and rebuilding phases, including emergency response support for areas requiring immediate attention.

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

17. Perform plan reviews of revisions to plans that have been previously approved for permit issuance.

18. Plan check 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 permit issuance requirements of the City have been satisfied.

19. Respond within one business day upon each notification that a plan check is authorized.

20. Supply pick-up and delivery of all documents daily. If plans are not submitted electronically, Consultant will coordinate the pickup and return of all plans via Consultant staff or a licensed courier service.

21. Perform plan check services within ten (10) business days upon receipt notification that a plan check has been authorized.

22. Conduct and coordinate all communications with clients during the process of completing authorized plan check, and shall copy the City on all correspondence.

23. Receive final review and approval by the City on all Code interpretations.

24. Respond within one (1) business day to questions from the City generated during field inspection for each authorized plan check that is subsequently issued a permit for construction.

25. Attend and participate in local and regional meetings on behalf of the City; including locations other than Consultants office and Malibu City Hall.

26. Calculate/Recalculate all plan check and permit fees based on the City’s most current fee schedule.

27. Accept any and all documents electronically; including utilization of OnBase (records management system) and any additional electronic formats accepted by the City.

28. Provide Code training for City staff, including graphic handout materials.

29. Prepare and coordinate all required documents and presentations for the City’s adoption of the Malibu Building Codes (County of Los Angeles Building Code with Seismic Agreement for Professional Services
True North Compliance Services, Inc.

Page 10 of 18 ends

Amendments). This shall include preparation of presentation to City Council for final adoption.

30. Make presentations to City Council, public and other agencies as requested by City staff.

31. The City will provide Consultant with a monthly report of Building Plan Check fees submitted to the City. The report shall include:
• Plan Check Number
• Project Status
• Street Address
• Valuation (if provided)
• Class
• Fees Collected on the Project
Agreement for Professional Services
True North Compliance Services, Inc.

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EXHIBIT B

Percentage Fee Services:

Percentage Fees shall include an initial review and two (2) rechecks for a total of three (3), hourly rates apply thereafter – prior notification must be given to City staff. Daily courier fees included.

Plan Check Services Percentage
Complete Plan Review 65% of City’s collected fees
Structural Only Plan Review 35% of City’s collected fees Electrical, Plumbing, or Mechanical Plan Review 65% of City’s collected fees Grading, Drainage and Erosion Control Plan Review 65% of City’s collected fees Onsite Wastewater Treatment System Plan Review 65% of City’s collected fees Review for Changes to Previously Approved Plans See below hourly rates Review After Three (3) Checks (prior approval required) See below hourly rates Plan Check Engineer $130.00 per hour
Certified Plans Examiner I $100.00 per hour
Certified Plans Examiner II $110.00 per hour
Certified Accessibility Specialist $125.00 per hour
Inspector I / II $90.00 / $100.00 per hour
Senior Building Inspector $115.00 per hour
Training / Presentations / Staff Requested Meetings $140.00 per hour Agreement for Professional Services
True North Compliance Services, Inc.

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Hourly Rates: Consultant shall obtain authorization by the City prior to proceeding with additional services (overtime services) provided outside of normal business hours.

Position Hourly Rate
Interim Certified Building Official $155.00
Plan Review Engineer $130.00
Senior Structural Engineer $145.00
Licensed Fire Protection Engineer $135.00
Certified Plans Examiner I $100.00
Certified Plans Examiner II $110.00
Building/Housing Inspector I $90.00
Building/Housing Inspector II $100.00
Senior Building/Housing Inspector $115.00
CASp Plan Reviewer/Inspector $125.00
Fire Plan Reviewer/Inspector $120.00
Permit Technician I $70.00
Permit Technician II $80.00
*Prevailing Wage, Straight Time
Position Staff Name
Principal Isam Hasenin, PE, CBO, MSCE
Plan Review Engineer Amar Hasenin, Bachar Koujah,
Robert Chun, Scot Weisse,
Mohammed Elassad, Ali
Soheili, Alaa Atassi, Amir
Amiri, Areli Sanchez, Bryan
Montes, Richard Moreno,
Hassan Itani, Ali Almurshid,
Agreement for Professional Services
True North Compliance Services, Inc.

Page 13 of 18 ends

Bashi Haboub
Senior Structural Engineer Allen Lang, Gary Ho, Hamid
Irannejad, Henry Hadidi, Daniel
Lee
Mohammed Hariri,
Licensed Fire Protection Engineer Doug Evans, Scot Deal, Eric Schmidt
Certified Plans Examiner I Brenda Sylvester
Certified Plans Examiner II Kevin Ybarra, Rene Avela, Gil Estrada, Jasmine Abusafaqa
Building/Housing Inspector I Mehmet Emirolgo, Bryan
Montes, Rede Twelde
Building/Housing Inspector II Duncan McLane, Randy
Kilburn, Rene Avela
Senior Building/Housing Inspector George Lockfort, Steve Stingl, Tom Graham
CASp Plan Reviewer/Inspector Dan Larson, Bachar Koujah
Fire Plan Reviewer/Inspector Gabriel Reza, Bob Scott,
Permit Technician I Ciera Smith, Brenda Diaz,
Michele Bush
Permit Technician II Alexandra Perkins, Jesica
Miner,
Gianni Haley, Roy Kim
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.

Agreement for Professional Services
True North Compliance Services, Inc.

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Agreement for Professional Services
True North Compliance Services, Inc.

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EXHIBIT C

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.

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 Agreement for Professional Services
True North Compliance Services, Inc.

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performance of the Work hereunder by Consultant, their agents, representatives, employees, or subconsultants.

Agreement for Professional Services
True North Compliance Services, Inc.

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Agreement for Professional Services
True North Compliance Services, Inc.

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Page 1 of 2 ends

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: February 10, 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
02-10-25
Item

7.A.

Page 2 of 2 ends

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
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:
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
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
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

Page 1 of 7 ends

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: February 6, 2024 Meeting date: February 10, 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; and
7) Adopt Resolution No. 25-07, a resolution specifying residency requirements for Commission and Committee members whose residences are damaged or destroyed by a natural disaster.

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.

City Council Meeting
02-10-25
Item

8.A.

Page 2 of 7 ends

Agenda Item # 8.A.

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 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).

Under the City’s municipal code almost all commissioners are required to be residents of the City (exceptions include the Wastewater Advisory Committee, Youth Commission, and Building Board of Appeals). This residency requirement is imposed by the City, and not required by State law (as it is for councilmembers).

In light of the devastating impact of the recent fires, many residents of the City may have lost their home—or their home may no longer be habitable or accessible. Many of these individuals may not be able to live in Malibu while their homes are being repaired/rebuilt due to the limited available housing stock and financial reasons. As the municipal code is silent on this issue, Staff recommends that the Council provide clarity on this issue and consider allowing such displaced residents to still serve on commissions and committees.

A draft resolution is attached which proposes the Council declare that residents who are temporarily unable to live in their Malibu residence due to damage caused by a natural disaster still be considered a resident for a period of two years after the event, so long as they attest that they intend to return to their prior residence and are actively pursuing plans to rebuild or repair their prior residence. This period of time could be extended to four years if they have approved plans and active construction is underway to rebuild or repair the prior residence. Residents of the City of Malibu who were leasing a residence and have been displaced by the disaster shall still be considered a resident of the City for a period of one year after the event.

This language is provided as an example and may be adjusted by the council. It is being brought forward today so that the Council may take action on this at the same time that commissioners are appointed. Alternatively, the Council could modify the proposed resolution to allow a shorter period of time, other qualifications or conditions, or insist that displaced residents find a location in Malibu to be their residence.

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.

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.

Page 3 of 7 ends

Agenda Item # 8.A.

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
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

Page 4 of 7 ends

Agenda Item # 8.A.
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
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

Page 5 of 7 ends

Agenda Item # 8.A.

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

Page 6 of 7 ends

Agenda Item # 8.A.

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
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

Page 7 of 7 ends

Agenda Item # 8.A.

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
ATTACHMENTS:

1. Resolution No. 25-07

2. Applications received to date

3. Notice of Unscheduled Vacancy
RESOLUTION NO. 25-07

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

PROVIDING FOR RESIDENTS WHO ARE UNABLE TO RESIDE IN THEIR

RESIDENCE, DUE TO DAMAGE CAUSED BY A NATURAL DISASTER, TO

REMAIN ELIGIBLE TO SERVE ON COMMISSIONS AND COMMITTEES IN

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

SECTION 1. Recitals.

A. The City has established a number of commissions and committees in the City that require, under the Malibu Municipal code, members to be residents of the City of Malibu.

B. In some cases, residents of the City are unable to reside in their residence in the City due to damage caused by natural disasters. Most recently, the Franklin and Palisades Fires have damaged or destroyed approximately 700 structures in the City.

C. Due to financial impacts on those whose residences suffer such damage, the large demand caused by the displacement of so many, and the limited properties available to meet that demand, many residents are forced to move out of the City temporarily while they rebuild or repair their residence in Malibu.

D. Many of these residents have resided in Malibu for a long time, have unique and in depth knowledge of the City, and are willing and able to commute to the City to serve on commissions and committees.

E. The requirement to be a resident of the City in order to serve on these commissions and committees is imposed by the City’s municipal code. Through this Resolution the City Council desires to provide clarity regarding how long, and under what conditions, a resident who is temporarily displaced due to a natural disaster will continue to be considered a “resident” of Malibu that is eligible to serve on commissions and committees in the City.

SECTION 2. The above recitals are adopted by the City Council and it hereby finds and resolves as follows:

Residents of the City of Malibu who are temporarily unable to live in their Malibu residence due to damage caused by a natural disaster shall still be considered a resident of the City for a period of two years after the event, so long as they (1) still own the property where their residence was located, and (2) attest annually, under penalty of perjury, that they both intend to return to their prior residence and also are actively working to rebuild or repair their prior residence. The period of time shall be extended to four years from the date of the event if they continue to meet the above criteria and (3) have approved plans from all required departmentsin the City, and (4) active construction is underway to rebuild or repair the prior residence. Residents of the City of Malibu who were leasing such a residence shall still be considered a resident of the City for a period of one year after the event.

Resolution No. 25-07

Page 2 of 2 ends

_____________________
The above applies only for purposes of determining whether a person is eligible to serve as a commissioner or committee member where the Malibu Municipal Code requires that the commissioner or committee member be a resident of the City of Malibu. It does not apply to City Council members, whose residency requirements are governed by State law.

SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

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

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

Malibu City CouncilFebruary 10, 2025

Malibu City Council
February 10, 2025