Amended Agenda
CC250310_AMENDED_AGENDA.PDF
Item 1B2
Approve Warrants
CC250310_ITEM 1B2.PDF
Item 1B3
Approval of Minutes
CC250310_ITEM 1B3.PDF
Item 1B4
Resolution Extending the Declaration of the Existence of a Local Emergency Regarding the Palisades Fire
CC250310_ITEM 1B4.PDF
Item 1B5
Amendment to Professional Services Agreement with NextRequest CC250310_ITEM 1B5.PDF
Item 1B6
Amendment No. 1 to the Charmlee Wilderness Park Lease Agreement with California Department State Parks
CC250310_ITEM 1B6.PDF
Item 1B7
Naming Rights for Public Facilities
CC250310ITEM 1B7.PDF
1. Documents:
2. Documents:
3. Documents:
4. Documents:
5. Documents:
6. Documents:
7. Documents:
Item 1B7
Naming Rights for Public Facilities
CC250310_ITEM 1B7.PDF
Item 1B8
Chumash Day Powwow
CC250310_ITEM 1B8.PDF
Item 1B9
Professional Services Agreements for Rebuild Consulting Services CC250310_ITEM 1B9.PDF
1B10
Support for Governor Newsom Supplemental Appropriation Request for Wildfire Recovery CC250310_ITEM 1B10.PDF
Item 1B11
Funding For Staff Lunches to Support Palisades Fire Business Recovery CC250310_ITEM 1B11.PDF
Item 1B12
Separation/Settlement and Release Agreement between the City of Malibu and Steven L.
McClary
CC250310_ITEM 1B12.PDF
Item 5A
Local Coastal Program Amendment No. 25-001 and Zoning Text Amendment No. 25-001 – An amendment to the Malibu Local Coastal Program and Malibu Municipal Code Title 17 (Zoning) Modifying Standards and Procedures to Facilitate the Rebuilding of Structures Damaged or Destroyed by the 2025 Palisades Fire, 2024 Franklin Fire, and 2024 Broad Fire
CC250310ITEM 5A.PDF
7. Documents:
8. Documents:
9. Documents:
10. Documents:
11. Documents:
12. Documents:
13. Documents:
Structures Damaged or Destroyed by the 2025 Palisades Fire, 2024 Franklin Fire, and 2024 Broad Fire
CC250310_ITEM 5A.PDF
Item 6A
Establishment of Recurring Supplemental Council Meetings on Alternating Weeks of Regular City Council Meetings In Response to Palisades Fire, and Reorganization of City Council Agenda Format
CC250310_ITEM 6A.PDF
Item 7A
Malibu Permanent Skate Park Project
CC250310_ITEM 7A.PDF
Documents:
14. Documents:
15. Documents:
HOW TO VIEW THE MEETING: The meeting will be live streamed at www.malibucity.org/video and via Zoom Webinar.
HOW TO PARTICIPATE BEFORE THE MEETING: Members of the public are encouraged to submit email correspondence to [email protected] before the meeting begins.
HOW TO PARTICIPATE IN-PERSON DURING THE MEETING: Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate in-person, each speaker must complete and submit to the Recording Secretary a Request to Speak form. In-person participants may also surrender their opportunity to speak on a particular item to defer one minute to another in-person speaker.
HOW TO PARTICIPATE REMOTELY DURING THE MEETING: Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate remotely, you must be present in the Zoom Webinar during the item that you would like to speak on and use the Raise Hand feature to request to speak when the Mayor calls the item. When you join the Zoom Webinar you may see a pop-up asking you to enter an email address, but a valid email address is not required. Be advised that those participating via Zoom do so at their own risk; remote participants should not expect the meeting to be cancelled or continued due the inability of some members of the public to access the remote meeting.
Amended1 Malibu City Council
Regular Meeting Agenda
Monday, March 10, 2025
4:45 P.M. - CLOSED SESSION
City Hall – Council Chambers (call to order)
Westward Room (closed session)
23825 Stuart Ranch Road
5:30 P.M. – CITY COUNCIL REGULAR MEETING
City Hall – Council Chambers
23825 Stuart Ranch Road
Zoom Webinar Link:
https://us02web.zoom.us/j/88163393998
Four-fortyfive p.m. Convene for Purpose of Closed Session Call to Order – Mayor (Council Chambers)
Public Comment on Closed Session Items
Recess to Closed Session (to be held in the Westward Room) 1 See the addition of Closed Session, Consent Calendar Item Nos.1. B.8., 1.B.9., 1.B.10., 1.B.11., 1.B.12., 5.A.,6. A., and 7.A.
AMENDED City Council Regular Meeting Agenda Page - 2 - March 10, 2025 This time has been set aside for the City Council to meet in a closed session to discuss matters pursuant to Government Code Section 54956.9 and 54957. Based on the advice of the City Attorney, discussion in open session concerning these matters would prejudice the position of the City in this litigation. The City Attorney will give an additional oral report regarding the Closed Session at the beginning of the next regular City Council meeting. At the conclusion of the Closed Session, the Council may continue any item listed on the Closed Session agenda to the Open Session agenda for discussion or to take formal action as it may deem appropriate.
Conference with Legal Counsel – Anticipated Litigation
1. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code section 54956.9
Number of potential cases: (2)
Personnel Matters pursuant to Government Code Section 54957:
1. Public Employee Performance Evaluation
Title: City Manager
2. Public Employee Discipline/Dismissal/Release
3. Public Employee Appointment
Title: City Manager/Interim City Manager
Five-thirty p.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
Pledge of Allegiance
Closed Session Report
Report on Posting of Agenda – March 5, 2025
Approval of Agenda
1. Consent Calendar
Items in Consent Calendar Section A have already been considered by the Council at a previous meeting where the public was invited to comment, after which a decision was made. Resolutions concerning decisions made at previous meetings are for the purpose of memorializing the decision to assure the accuracy of the findings, the prior vote, and any conditions imposed. Items in Consent Calendar Section B have not been discussed previously by the Council. Members of the public may comment on the consent calendar as a whole. After public comment, the Council may remove items from the Consent Calendar for individual consideration before adopting the Consent Calendar.
A. Previously Discussed Items
None.
B. New Items
AMENDED City Council Regular Meeting Agenda Page - 3 - March 10, 2025
1. Waive Further Reading
Recommended Action: After the City Attorney has read the title, waive full reading of ordinances considered on this agenda for introduction on first reading and/or second reading and adoption.
Staff Contact: Interim City Attorney Rusin, 456-2489, ext. 228
2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 74843-74972 on the register from the General Fund and direct the City Manager to pay out the funds to each of the claimants listed in Warrant Register No. 763 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $1,705,050.63. City of Malibu payroll check number 5499 and ACH deposits were issued in the amount of $499,814.28.
Staff Contact: Acting City Manager Toney, 456-2489, ext. 224
3. Approval of Minutes
Recommended Action: Approve the minutes for the December 9, 2024 Regular Meeting.
Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228
4. Resolution Extending the Declaration of the Existence of a Local Emergency Regarding the Palisades Fire
Recommended Action: Resolution No. 25-09, extending the declaration of the existence of a local emergency in response to the Palisades Fire.
Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228
5. Amendment to Professional Services Agreement with NextRequest Recommended Action: Authorize the Mayor to execute Amendment No. 2 to Professional Services Agreement with NextRequest for a platform through which the City may manage public records requests.
Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228
6. Amendment No. 1 to the Charmlee Wilderness Park Lease Agreement with California Department State Parks
Recommended Action: Authorize the City Manager to execute a Joint Powers Agreement and Amendment No. 1 to the Lease Agreement with the California Department of State Parks for law enforcement at Charmlee Wilderness Park.
Staff Contact: Community Services Director Riesgo, 456-2489, ext. 350 AMENDED City Council Regular Meeting Agenda Page - 4 - March 10, 2025
7. Naming Rights for Public Facilities
Recommended Action: Approve City Council Policy #52 Naming Rights for Public Facilities.
Staff Contact: Community Services Director Riesgo, 456-2489, ext. 350
8. Chumash Day Powwow
Recommended Action: Receive and file notice of postponement of the 25th Annual Chumash Day Powwow and Intertribal Gathering to April 2026.
Staff Contact: Community Services Director Riesgo, 456-2489, ext. 350
9. Professional Services Agreements for Rebuild Consulting Services Recommended Action: 1) Authorize the Mayor to execute Amendment No. 1 to Agreement with 4Leaf, Inc. for building plan check services; 2) Authorize the Mayor to execute a Professional Services Agreement for Fire Recovery and Rebuild contract services with CJ Biomonitoring for biological consulting services; 3) Authorize the Mayor to execute Amendment No. 2 to Agreement with Iris Consulting, Inc. for software development and system integration; and 4) Authorize the City Manager or designee to amend any of the approved agreements if necessary to receive reimbursement from FEMA or any other governmental agency.
Staff Contact: Interim Planning Director Tamuri, 456-2489, ext. 346
10. Support for Governor Newsom Supplemental Appropriation Request for Wildfire Recovery Recommended Action: Authorize the Mayor to sign letters in support of Governor Newsom’s Supplemental Appropriation Request for Wildfire Recovery.
Staff Contact: Deputy City Manager Brown, 456-2489, ext. 300
11. Funding For Staff Lunches to Support Palisades Fire Business Recovery Recommended Action: Appropriate $50,000 from the General Fund Unassigned Reserve to Account Number 100-7058-6170 (Human Resources Events).
Staff Contact: Acting City Manager Toney, 456-2489, ext. 224
12. Separation/Settlement and Release Agreement between the City of Malibu and Steven L.
McClary
Recommended Action: Approve the Separation/Settlement and Release Agreement between the City of Malibu and Steve McClary attached as Attachment 1.
Staff Contact: Interim City Attorney Rusin, 456-2489, ext. 228 AMENDED City Council Regular Meeting Agenda Page - 5 - March 10, 2025
2. Ceremonial/Presentations
A. Presentation of City Tile to Raneika Brooks for Seven Years of Service to the City of Malibu B. Presentation of City Tile to Tyler Eaton for Seven Years of Service to the City of Malibu
3. Commission / Committee / City Manager Updates
4. Written and Oral Communications from the Public (Subsequent items to be heard after 6:30 p.m.) The Oral Communication portion of the agenda is for members of the public to present items, which are not listed on the agenda but are under the subject matter jurisdiction of the City Council. No action may be taken under, except to direct staff, unless the Council, by a two-thirds vote, determines that there is a need to take immediate action and that need came to the attention of the City after the posting of the agenda. Although no action may be taken, the Council and staff will follow up, at an appropriate time, on those items needing response.
A. Communications from the Public concerning matters which are not on the agenda but for which the City Council has subject matter jurisdiction. City Council may not act on these matters except to refer the matters to staff or schedule the matters for a future agenda.
B. City Council Subcommittee reports / Mayor and Councilmember meeting attendance, reports and inquiries
5. Ordinances and Public Hearings
For Public Hearings involving zoning matters the appellant and applicant will be given 15 minutes each to present their position to the City Council, including rebuttal time.
A. Local Coastal Program Amendment No. 25-001 and Zoning Text Amendment No. 25-001 – An amendment to the Malibu Local Coastal Program and Malibu Municipal Code Title 17 (Zoning) Modifying Standards and Procedures to Facilitate the Rebuilding of Structures Damaged or Destroyed by the 2025 Palisades Fire, 2024 Franklin Fire, and 2024 Broad Fire Recommended Action: Continue this item to the March 12, 2025 11:00 a.m. Adjourned Regular City Council meeting.
Staff Contact: Interim Planning Director Tamuri, 456-2489, ext. 346
6. Old Business
Old Business items have appeared on previous agendas with no final action having been taken.
A. Establishment of Recurring Supplemental Council Meetings on Alternating Weeks of Regular City Council Meetings In Response to Palisades Fire, and Reorganization of City Council Agenda Format
Recommended Action: 1) Establishment of Recurring Supplemental City Council meetings on Thursdays at 3:00 p.m. each week there is not a Regular City Council meeting for a period of three months; and 2) Adopt Resolution No. 25-10 superseding and replacing Section 1 of Resolution No. 24-39 and establishing the format for Regular City Council Meetings.
Staff Contact: Acting City Manager Toney, 456-2489, ext. 224 AMENDED City Council Regular Meeting Agenda Page - 6 - March 10, 2025
7. New Business
New Business items are appearing for the first time for formal action.
A. Malibu Permanent Skate Park Project
Recommended Action: 1) Approve the award of bid and authorize the Mayor to execute an agreement with C.S. Legacy Construction, Inc. in the amount of $4,135,663.50 for the construction of the Malibu Permanent Skate Park Project, Specification No. 2112; and 2) Authorize the Public Works Director to approve any potential change orders up to 15%; 3) Appropriate $2,499,775.50 from the General Fund Undesignated Reserve, $48,710 from the General Fund Case/Crummer Designated Reserve, $150,000 from the 600 Spring LLC Settlement Agreement, and $185,822 from the OGALS Per Capita Grant for the construction of the Permanent Skate Park, Specification No. 2112; and 4) Provide direction related to funding and Council Policy #52, Naming Rights for Public Facilities.
Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339
8. Council Items
City Council Items are items, which individual members of the City Council may bring up for action, to propose future agenda items or to suggest future staff assignments.
None.
Adjournment – Adjourn to Wednesday, March 12, 2025 at 11:00 a.m.
Future Meetings
Monday, March 24, 2025 5:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, April 14, 2025 5:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, April 28, 2025 5:30 p.m. Regular City Council Meeting City Hall Council Chambers Guide to the City Council Proceedings and Decorum
Public Communications: Each speaker is limited to three (3) minutes. Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate remotely, you must be present in the Zoom Webinar during the item that you would like to speak on and use the Raise Hand feature to request to speak when the Mayor calls the item. In order to participate in-person, each speaker must complete and submit to the Recording Secretary a Request to Speak form prior to the beginning of the item being announced by the Mayor. In-person participants may surrender their time by deferring one (1) minute to another in-person speaker, not to exceed a total of eight (8) minutes.
The speaker wishing to defer time must be present when the item is heard and their form must be submitted with the speaker form for the individual they are deferring time to. Speakers are taken in the order slips are submitted or hands are raised.
On specific agenda items Councilmembers may question any person addressing the City Council at the conclusion of all public testimony on that agenda item before the Council. Councilmembers shall not engage any member of the public in a dialogue with themselves other Councilmembers, city staff or other members of the public.
Role of the Presiding Officer: The presiding officer of the City Council, who shall be the Mayor, shall be responsible for maintaining the order and decorum of meetings. It shall be the duty of the presiding officer to ensure that these rules of procedure and decorum are followed at all times. The presiding officer shall maintain control of communication between Councilmembers, between the Council and the public, and chair each meeting in a fair and impartial manner. It shall be the duty of each Councilmember to support the presiding officer in maintaining the order and decorum of Council meetings.
AMENDED City Council Regular Meeting Agenda Page - 7 - March 10, 2025 Members of the Audience: Members of the audience shall not engage in disorderly or boisterous conduct, including clapping, whistling, stamping of feet, or other acts which disturb, disrupt, impede or otherwise disturb the orderly conduct of the City Council meeting. Persons addressing the City Council shall not engage in disorderly conduct which disrupts, or otherwise impedes the orderly conduct or Council meetings. Any person who so disrupts a Council meeting may, at the discretion of the presiding officer or a majority of the City Council, be subject to ejection from that meeting.
No new items will be taken-up after 10:30 p.m. without a two-thirds vote of the City Council.
City Council meetings are aired live and replayed on City of Malibu Government Access Channel 3 and are available on demand on the City’s website at www.malibucity.org/video. Copies of the staff reports or other written documentation relating to each item of business described above are on file in the office of the City Clerk, Malibu City Hall, 23825 Stuart Ranch Road, Malibu, California, and are available for public inspection during regular office hours, which are 7:30 a.m. to 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. Friday. Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's office at 23825 Stuart Ranch Road, Malibu, California (Government Code Section 54957.5.b.2). Copies of staff reports and written materials may be purchased for $0.10 per page.
TheCity Hall phone number is (310) 456-2489. To contact City Hall using a telecommunication device for the deaf (TDD), please call (800) 735-2929 and a California Relay Service operator will assist you. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Environmental Sustainability Director Yolanda Bundy, (310) 456-2489, ext. 229. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADD Title II].
Requests to show an audio or video presentation during a Council meeting should be directed to the Media Team at [email protected]. Material must be submitted by 12:00 p.m. on the meeting day.
I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Regular and Adjourned Regular meeting agendas may be amended up to 72 hours in advance of the meeting. Dated this 7th day of March 2025 at 4:35 p.m.
Kelsey Pettijohn, City Clerk
WARRANT REGISTER NO. 763
On March 10, 2025, the Malibu City Council allowed and approved warrant demand numbers 74843-74972 from the General Fund. The City Manager is hereby directed to pay out the funds named hereon to each of the claimants listed, the amount appearing opposite their name for the purpose stated on the respective demands, making a total of $1,705,050.63. City of Malibu payroll check number 5499 and ACH deposits were issued in the amount of $499,814.28.
PASSED, APPROVED and ADOPTED this 10th day of March 2025. ____________________________________________
Doug Stewart
Mayor
ATTEST:
____________________________________________
Kelsey Pettijohn
City Clerk
CERTIFICATE
In accordance with Government Code Sections 37202 and Malibu Municipal Code 3.08.050, I hereby certify that: (1) the claims or demands set forth in the warrant register(s) listed below and attached hereto and incorporated herein by this reference in the aggregate amount of $2,204,864.91 have been audited as to their accuracy; and (2) sufficient funds have been appropriated by the City Council and are available for the payment thereof.
EXECUTED this 27th day of February 2025, AT MALIBU, CALIFORNIA ______________________________________________
Joseph Toney
Acting City Manager
City Council Meeting
3-10-25
Item
1.B.2.
Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Accounts Payable
User:
Printed:
sflores
2/26/2025 8:21 AM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Void Checks Check Amount 74843 WAVEENTE WAVE ENTERPRISES INC 02/12/2025 0.00 32,636.35 74844 MARAN NICO MARAZZI 02/18/2025 0.00 508.93
74845 USBANK2 US BANK 02/18/2025 0.00 1,261.70
74846 4IMPRINT 4IMPRINT INC 02/18/2025 0.00 346.89
74847 ANAWALT ANAWALT LUMBER CO INC 02/18/2025 0.00 9.73 74848 COOPERM MARSHA COOPER 02/18/2025 0.00 100.00
74849 COURD DIETRICH COURTE 02/18/2025 0.00 15.00
74850 CUPJIM JIM CUPIT 02/18/2025 0.00 35.00
74851 DEXMIK MIKE DEXTER 02/18/2025 0.00 10.00
74852 DUBDAR DARLENE DUBRAY 02/18/2025 0.00 35.00
74853 ENHANCE2 ENHANCED LANDSCAPE MANAGEMEN02/18/2025 T LLC 0.00 4,593.19 74854 ENTELEGE ENTELEGENT SOLUTIONS INC 02/18/2025 0.00 33.24 74855 EVAADR ADRIENNE EVANS 02/18/2025 0.00 35.00
74856 GALJUD JUDITH GALVIS 02/18/2025 0.00 70.00
74857 KESSLERJ JENNIFER KESSLER 02/18/2025 0.00 515.00
74858 LACOWAT LA CO MALIBU TREASURER-WATERWORKS 02/18/2025 0.00 8,171.32 74859 MANMIC MICHAEL ANTHONY MANFREDO 02/18/2025 0.00 80.00 74860 MEANSRIC RICARDO MEANS 02/18/2025 0.00 1,600.00
74861 MULWAR WARREN MULLISEN 02/18/2025 0.00 35.00
74862 NATIONA NATIONAL CONSTRUCTION RENTALS INC 02/18/2025 0.00 3,972.85 74863 REGAJ JOLYNN MARIE FREED REGAN 02/18/2025 0.00 1,600.00 74864 ROSENSHE SHEILA ROSENTHAL 02/18/2025 0.00 425.00
74865 SERGEN SERVICE GENIUS AIR CONDITIONING & HEATING 02/18/2025 0.00 49.00 74866 SESACLLC SESAC RIGHTS MANAGEMENT INC 02/18/2025 0.00 610.00 74867 STOVER STOVER SEED COMPANY 02/18/2025 0.00 886.27 74868 TOTALGRA BRIAN SHORE 02/18/2025 0.00 458.00
74869 ULTMAINT ULTIMATE MAINTENANCE SERVICES INC02/18/2025 0.00 500.00 74870 WAXIE WAXIE ENTERPRISES LLC 02/18/2025 0.00 495.68 74871 13STARS 13 STARS MEDIA 02/18/2025 0.00 2,418.88
74872 ACCESS ACCESS INFORMATION INTERMEDIATE HOLDINGS 1 LLC 02/18/2025 0.00 3,571.88 74873 ADVANTAN MAP COMMUNICATIONS INC 02/18/2025 0.00 291.98 74874 ARC ARC DOCUMENT SOLUTIONS LLC 02/18/2025 0.00 193.52 74875 AYALABR BRANDIE AYALA 02/18/2025 0.00 256.74
74876 BURNS BURNS PACIFIC CONSTRUCTION INC 02/18/2025 0.00 15,937.78 74877 CASTRATE CALIFORNIA STRATEGIES & ADVOCACY LLC 02/18/2025 0.00 12,500.00 74878 CDTFA2 CALIFORNIA DEPARTMENT OF TAX & FEE ADMINISTRATION 02/18/2025 0.00 320.82 74879 CLIMATED CLIMATEC LLC 02/18/2025 0.00 528.00
74880 CONEJOA CONEJO AWARDS 02/18/2025 0.00 180.18
74881 CRASSOC CHEN RYAN ASSOCIATES INC 02/18/2025 0.00 13,109.50 74882 CRPRINT CR PRINT 02/18/2025 0.00 364.73
74883 CSGCON CSG CONSULTANTS INC 02/18/2025 0.00 10,960.00 74884 CWE CWE 02/18/2025 0.00 1,481.05
74885 DAPEERR DAPEER ROSENBLIT & LITVAK LLP 02/18/2025 0.00 136.00 74886 DUTHIEEL DUTHIE ELECTRICAL SERVICES 02/18/2025 0.00 1,364.23 74887 FENCE FENCE FACTORY RENTALS 02/18/2025 0.00 390.00 74888 FRONTIER FRONTIER CALIFORNIA INC 02/18/2025 0.00 1,908.25 74889 GIINDUS GI INDUSTRIES 02/18/2025 0.00 67.79
AP Checks by Date - Summary by Check Number (2/26/2025 8:21 AM) Page 1 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Check No Vendor No Vendor Name Check Date Void Checks Check Amount 74890 GLADWEL GLADWELL GOVERNMENTAL SERVICES INC 02/18/2025 0.00 450.00 74891 GMZENG GMZ ENGINEERING INC 02/18/2025 0.00 771,702.20 74892 GOVERNF GOVERNMENTAL FINANCIAL SERVICES02/18/2025 0.00 5,577.50 74893 GUTSTE STEVEN GUTIERREZ 02/18/2025 0.00 375.00
74894 HARTSEL BOB HARTS ELECTRIC INC. 02/18/2025 0.00 285.00 74895 HDSUPPLY HD SUPPLY INC 02/18/2025 0.00 590.10
74896 HOLKEI KEITH S HOLLAND 02/18/2025 0.00 420.00
74897 IPC INC INTEGRATED PERFORMANCE CONSULTANTS INC 02/18/2025 0.00 216,386.26 74898 KIMLEY KIMLEY-HORN AND ASSOCIATES INC 02/18/2025 0.00 23,902.19 74899 LACOCLE LA COUNTY REGISTRAR-RECORDER LA CO CLERK 02/18/2025 0.00 75.00 74900 LACOCLE LA COUNTY REGISTRAR-RECORDER LA CO CLERK 02/18/2025 0.00 75.00 74901 LACOCLE LA COUNTY REGISTRAR-RECORDER LA CO CLERK 02/18/2025 0.00 75.00 74902 LACOCLE LA COUNTY REGISTRAR-RECORDER LA CO CLERK 02/18/2025 0.00 75.00 74903 LACOCLE LA COUNTY REGISTRAR-RECORDER LA CO CLERK 02/18/2025 0.00 75.00 74904 LACOCLE LA COUNTY REGISTRAR-RECORDER LA CO CLERK 02/18/2025 0.00 75.00 74905 LACOREG LA CO REGISTRAR RECCORDER/CITY CLERK 02/18/2025 0.00 60.00 74906 LACOSHE LA CO SHERIFF'S DEPARTMENT 02/18/2025 0.00 67,108.09 74907 LARICS COUNTY OF LOS ANGELES LA-RICS 02/18/2025 0.00 600.00 74908 LEAGOFCA LEAGUE OF CALIFORNIA CITIES 02/18/2025 0.00 6,944.00 74909 LIBERTY LIBERTY PRINTING & EMBROIDERY 02/18/2025 0.00 397.49 74910 M6COSLT m6 Consulting Inc. 02/18/2025 0.00 5,720.74 74911 MATTMICH DR MICHAEL D MATTHEWS 02/18/2025 0.00 1,455.00 74912 MNS MNS ENGINEERS INC 02/18/2025 0.00 1,120.00
74913 PEOPCON OCEAN PARK COMMUNITY CENTER 02/18/2025 0.00 29,358.00 74914 QUADLEAS QUADIENT LEASING USA INC 02/18/2025 0.00 1,006.72 74915 RASCEC CECILIA RASPE 02/18/2025 0.00 92.00
74916 SCEDISO SOUTHERN CALIFORNIA EDISON COMPANY 02/18/2025 0.00 17,575.42 74917 SOLIDWA SOLID WASTE SOLUTIONS INC 02/18/2025 0.00 3,615.79 74918 SPRING SPRINGBROOK HOLDING COMPANY LLC02/18/2025 0.00 1,067.25 74919 TETRATE TETRA TECH INC 02/18/2025 0.00 681.50
74920 THASOUND THATS THE SOUND PRODUCTIONS 02/18/2025 0.00 27,000.00 74921 TOSHIBA US BANK NATIONAL ASSOCIATION 02/18/2025 0.00 2,849.14 74922 TOWNSPUB TOWNSEND PUBLIC AFFAIRS INC 02/18/2025 0.00 6,500.00 74923 TRENCH TOM MALLOY CORPORATION 02/18/2025 0.00 1,848.00 74924 TRIPEPIS TRIPEPI SMITH & ASSOCIATES 02/18/2025 0.00 457.50 74925 TRUNORTH TRUE NORTH COMPLIANCE SERVICES INC 02/18/2025 0.00 13,528.71 74926 ULTMAINT ULTIMATE MAINTENANCE SERVICES INC02/18/2025 0.00 4,350.00 74927 USLABS BUREAU VERITAS NORTH AMERICA INC02/18/2025 0.00 7,242.80 74928 VERIZONW VERIZON WIRELESS SERVICES LLC 02/18/2025 0.00 6,055.84 74929 VIAWEST FLEXENTIAL COLORADO CORP 02/18/2025 0.00 2,692.69 74930 WALGEO GEOFFREY WALSH 02/18/2025 0.00 500.00
74931 WILLSCOT WILLIAMS SCOTSMAN INC 02/18/2025 0.00 15,490.47 74932 XEROXFIN XEROX CORPORATION 02/18/2025 0.00 687.50 74933 XEROXFIN XEROX CORPORATION 02/18/2025 0.00 519.20 74934 USBANK US BANK 02/18/2025 0.00 50,093.90
74935 ANAWALT ANAWALT LUMBER CO INC 02/24/2025 0.00 26.38 74936 BURNS BURNS PACIFIC CONSTRUCTION INC 02/24/2025 0.00 377.65 74937 BURNS BURNS PACIFIC CONSTRUCTION INC 02/24/2025 0.00 6,718.00 74938 COTTON COTTON SHIRES & ASSOCIATES INC 02/24/2025 0.00 20,628.00 74939 COTTON COTTON SHIRES & ASSOCIATES INC 02/24/2025 0.00 117,477.50 74940 DAVLOREN LOREN DAVIS 02/24/2025 0.00 31.36
74941 DAVLOREN LOREN DAVIS 02/24/2025 0.00 109.27
74942 JACOBGRE JACOB GREEN & ASSOCIATES INC 02/24/2025 0.00 11,242.09 74943 KARMEL MELANIE KARAS 02/24/2025 0.00 44.89
74944 RIGAMAN AMANDA RIGALI 02/24/2025 0.00 84.56
74945 RIGAMAN AMANDA RIGALI 02/24/2025 0.00 123.90
74946 SALEBRI BRITTANY SALEAUMUA 02/24/2025 0.00 23.31
AP Checks by Date - Summary by Check Number (2/26/2025 8:21 AM) Page 2 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Check No Vendor No Vendor Name Check Date Void Checks Check Amount 74947 SPIROG SEBASTIAN SPIROGLOU 02/24/2025 0.00 35.77
74948 TOTALGRA BRIAN SHORE 02/24/2025 0.00 1,049.01
74949 13STARS 13 STARS MEDIA 02/25/2025 0.00 1,876.00
74950 ALFANOH HEATHER ALFANO 02/25/2025 0.00 600.00
74951 AMERGLOB AMERICAN GLOBAL SECURITY INC 02/25/2025 0.00 3,150.00 74952 ANAWALT ANAWALT LUMBER CO INC 02/25/2025 0.00 59.52 74953 AYALABR BRANDIE AYALA 02/25/2025 0.00 2,500.00
74954 CALISKAT CALIFORNIA SKATEPARKS 02/25/2025 0.00 31,915.50 74955 COASTLI JEFF TURNER 02/25/2025 0.00 3,045.00
74956 DAVLOREN LOREN DAVIS 02/25/2025 0.00 120.60
74957 ENHANCE2 ENHANCED LANDSCAPE MANAGEMEN02/25/2025 T LLC 0.00 43,043.58 74958 FRONTIER FRONTIER CALIFORNIA INC 02/25/2025 0.00 593.60 74959 GIINDUS GI INDUSTRIES 02/25/2025 0.00 8,902.97
74960 HASSNAT NATHAN HASSALL 02/25/2025 0.00 600.00
74961 LACOAGRI LA CO AGRICULTURAL COMMISSIONER02/25/2025 0.00 4,473.55 74962 LACOWAT LA CO MALIBU TREASURER-WATERWORKS 02/25/2025 0.00 3,653.91 74963 LEMMOR RICHARD LEMMO 02/25/2025 0.00 140.00
74964 MANMIC MICHAEL ANTHONY MANFREDO 02/25/2025 0.00 1,530.00 74965 MMARLINS MALIBU MARLINS SWIM CLUB 02/25/2025 0.00 4,217.00 74966 MOSSER MOSSER PLUMBING & HEATING INC 02/25/2025 0.00 420.00 74967 NATIONA NATIONAL CONSTRUCTION RENTALS INC 02/25/2025 0.00 941.00 74968 SCGas SOUTHERN CALIFORNIA GAS COMPANY02/25/2025 0.00 17.96 74969 SERGEN SERVICE GENIUS AIR CONDITIONING & HEATING 02/25/2025 0.00 9,000.00 74970 STAPLES STAPLES CONTRACT & COMMERCIAL LLC 02/25/2025 0.00 384.07 74971 TOTALGRA BRIAN SHORE 02/25/2025 0.00 394.20
74972 ULTMAINT ULTIMATE MAINTENANCE SERVICES INC02/25/2025 0.00 3,675.00 Report Total (130 checks): 0.00 1,705,050.63
AP Checks by Date - Summary by Check Number (2/26/2025 8:21 AM) Page 3 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A User:
Printed: 02/26/2025 - 8:21AM
sflores
Transactions by Account
Batch: 00000.00.0000
Accounts Payable
Account Number Vendor Description GL Date Check No Amount PO No 100-0000-1010-00 NICO MARAZZI 07/20/2023 PR Check 5360 Replacement 02/18/2025 74844 508.93 Vendor Subtotal: 508.93
100-0000-1040-00 WAVE ENTERPRISES INC Security Deposit - Palisades Rebuild Offices 02/12/2025 74843 14,882.00 Vendor Subtotal: 14,882.00
100-0000-3464-00 HEATHER ALFANO Ref - Youth Basketball Fall 2024 02/25/2025 74950 600.00 Vendor Subtotal: 600.00
100-0000-3466-00 JENNIFER KESSLER Ref - Junior Marlins Winter '25 02/04/2025 74857 515.00 Vendor Subtotal: 515.00
100-0000-3468-00 DIETRICH COURTE Ref - Stretch & Strength - Dec '24 02/04/2025 74849 15.00 Vendor Subtotal: 15.00
100-0000-3468-00 JIM CUPIT Ref - Sr. Excursion - Dec '24 02/04/2025 74850 35.00 Vendor Subtotal: 35.00
100-0000-3468-00 MIKE DEXTER Ref - Total Body Workout - Dec '24 02/04/2025 74851 10.00 Vendor Subtotal: 10.00
100-0000-3468-00 DARLENE DUBRAY Ref - Sr. Excursion - Dec '24 02/04/2025 74852 35.00 AP-Transactions by Account (02/26/2025 - 8:21 AM) Page 1 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 35.00
100-0000-3468-00 ADRIENNE EVANS Ref - Sr. Excursion - Dec '24 02/04/2025 74855 35.00 Vendor Subtotal: 35.00
100-0000-3468-00 JUDITH GALVIS Ref - Sr. Excursion - Dec '24 02/04/2025 74856 70.00 Vendor Subtotal: 70.00
100-0000-3468-00 WARREN MULLISEN Ref - Sr. Excursion - Jan '25 02/04/2025 74861 35.00 Vendor Subtotal: 35.00
100-0000-3468-00 SHEILA ROSENTHAL Ref - Stretch & Strength - Dec '24 02/04/2025 74864 15.00 100-0000-3468-00 SHEILA ROSENTHAL Ref - Stretch & Strength - Jan '24 02/04/2025 74864 50.00 Vendor Subtotal: 65.00
100-3001-5123-00 BURNS PACIFIC CONSTRUCTION INC Task 4: Storm Response - Westward Beach - Dec '24 02/18/2025 74876 2,453.28 0000004401 100-3001-5123-00 BURNS PACIFIC CONSTRUCTION INC Task 4: Storm Response - Rambla Vista - Dec '2402/18/2025 74876 4,816.90 0000004401 Vendor Subtotal: 7,270.18
100-3001-5123-01 BURNS PACIFIC CONSTRUCTION INC Task 3: Storm Drain Maint - Dec '24 02/18/2025 74876 8,667.60 0000004401 Vendor Subtotal: 8,667.60
100-3001-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY St Lighting - Dec '24 02/18/2025 74916 3,339.46 100-3001-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY Cross Creek Rd Ped - Dec '24 02/18/2025 74916 14.51 100-3001-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY Winter Cyn - Dec '24 02/18/2025 74916 83.65 100-3001-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY Rambla Light - Dec '24 02/18/2025 74916 32.14 100-3001-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY Traffic Control - Dec '24 02/18/2025 74916 126.54 Vendor Subtotal: 3,596.30
100-3001-5725-00 GI INDUSTRIES Garbage - Bus Stop/Cross Creek - Feb '25 02/25/2025 74959 2,648.25 100-3001-5725-00 GI INDUSTRIES Garbage - Bus Stop/Cross Creek - Jan '25 02/25/2025 74959 2,265.65 AP-Transactions by Account (02/26/2025 - 8:21 AM) Page 2 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 4,913.90
100-3007-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY CCSTF - Dec '24 02/18/2025 74916 487.77 Vendor Subtotal: 487.77
100-3008-5300-00 BRANDIE AYALA FY 24/25 Tuition Reimbursement 02/25/2025 74953 2,500.00 Vendor Subtotal: 2,500.00
100-3008-5300-00 US BANK PW-4382 APWA Ventura County Meeting - Dec '24 02/18/2025 74934 275.00 Vendor Subtotal: 275.00
100-3008-5340-00 BRANDIE AYALA Mileage - Roundtrip to JPIA Training 8/22 - 11/21/24 02/18/2025 74875 256.74 Vendor Subtotal: 256.74
100-4001-5300-00 US BANK CS-6305 Red Cross - Refund 02/18/2025 74934 -97.00 Vendor Subtotal: -97.00
100-4001-5330-00 US BANK AS-2163 Costco - Membership 02/18/2025 74934 72.22 100-4001-5330-00 US BANK CS-7693 CPRS - Membership A. Elizondo 02/18/2025 74934 145.00 Vendor Subtotal: 217.22
100-4001-6120-00 US BANK CS-7693 Spotify - Monthly 02/18/2025 74934 11.99 100-4001-6120-00 US BANK CS-4743 When I Work/Canva - Monthly 02/18/2025 74934 124.95 100-4001-6120-00 US BANK CS-6305 Revel Digital - Monthly 02/18/2025 74934 24.95 100-4001-6120-00 US BANK CS-2169 Todoist - Monthly 02/18/2025 74934 42.00 100-4001-6120-00 US BANK CS-7118 Linktree - Monthly 02/18/2025 74934 9.00 Vendor Subtotal: 212.89
100-4001-6160-00 US BANK CS-6305 Amazon - Supplies 02/18/2025 74934 -163.22 100-4001-6160-00 US BANK CS-1673 Amazon - Packaging Tape 02/18/2025 74934 25.25 100-4001-6160-00 US BANK AS-2163 Bluedog Ink - Plotter Paper Ink 02/18/2025 74934 136.45 AP-Transactions by Account (02/26/2025 - 8:21 AM) Page 3 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Account Number Vendor Description GL Date Check No Amount PO No 100-4001-6160-00 US BANK CS-7118 Amazon - Monthly Planner 02/18/2025 74934 13.08 100-4001-6160-00 US BANK CS-7693 Vispronet - Canopy Tent 02/18/2025 74934 442.43 Vendor Subtotal: 453.99
100-4002-5107-00 MALIBU MARLINS SWIM CLUB Marlins Swim Team 12/10/24 - 2/12/2025 02/25/2025 74965 4,217.00 Vendor Subtotal: 4,217.00
100-4002-5330-00 US BANK CS-7118 Kahoot - Dec '24 02/18/2025 74934 29.00 Vendor Subtotal: 29.00
100-4002-5340-00 LOREN DAVIS Mileage - City Hall/MHS 9/20 - 12/7/24 02/25/2025 74956 120.60 Vendor Subtotal: 120.60
100-4002-6160-00 JEFF TURNER Pool Office Ramp Fencing 02/25/2025 74955 3,045.00 Vendor Subtotal: 3,045.00
100-4002-6160-00 US BANK CS-7118 Taylor Technologies - Community Pool Water Testing 02/18/2025 74934 86.64 Vendor Subtotal: 86.64
100-4003-5721-00 US BANK CS-1673 Satellite Phone Store - Charmlee Svc02/18/2025 74934 72.79 Vendor Subtotal: 72.79
100-4003-6160-00 US BANK CS-1673 Chronolog - Sign/Annual Fee 02/18/2025 74934 180.00 Vendor Subtotal: 180.00
100-4006-6160-00 US BANK CS-4743 NCSI - Sports Background Checks 02/18/2025 74934 388.50 100-4006-6160-00 US BANK CS-7118 Hasty Awards/Home Depot - Supplies02/18/2025 74934 553.11 Vendor Subtotal: 941.61
AP-Transactions by Account (02/26/2025 - 8:21 AM) Page 4 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Account Number Vendor Description GL Date Check No Amount PO No 100-4007-5107-00 RICHARD LEMMO Instructor - Parent & Me Basketball 12/7/24 - 2/15/25 02/25/2025 74963 140.00 Vendor Subtotal: 140.00
100-4007-5107-00 MICHAEL ANTHONY MANFREDO Reissue Ck74490 - Instructor - Photography 9/17 - 02/25/2025 11/1/24 74964 735.00 100-4007-5107-00 MICHAEL ANTHONY MANFREDO Reissue Ck74490 - Instructor - Tai Chi 9/11 - 11/13/24 02/25/2025 74964 595.00 Vendor Subtotal: 1,330.00
100-4007-5330-00 SESAC RIGHTS MANAGEMENT INC Music License FY 24/25 Act#79998 02/04/2025 74866 610.00 Vendor Subtotal: 610.00
100-4007-5401-00 US BANK CS-7118 PeachJar - Flyer Distribution 02/18/2025 74934 100.00 Vendor Subtotal: 100.00
100-4008-5107-00 MARSHA COOPER Instructor - Stretch & Strength - Jan '25 02/04/2025 74848 100.00 Vendor Subtotal: 100.00
100-4008-5107-00 MICHAEL ANTHONY MANFREDO Instructor - Yoga - Dec '24 02/04/2025 74859 40.00 100-4008-5107-00 MICHAEL ANTHONY MANFREDO Instructor - Yoga - Jan '24 02/04/2025 74859 40.00 100-4008-5107-00 MICHAEL ANTHONY MANFREDO Reissue Ck74490 - Instructor - Yoga - Nov '2402/25/2025 74964 200.00 Vendor Subtotal: 280.00
100-4008-5107-00 SHEILA ROSENTHAL Instructor - Knitting - Jan '25 02/04/2025 74864 80.00 100-4008-5107-00 SHEILA ROSENTHAL Instructor - Knitting - Dec '24 02/04/2025 74864 280.00 Vendor Subtotal: 360.00
100-4008-6160-00 BRIAN SHORE Decal - Senior Center Wall 02/04/2025 74868 93.08 Vendor Subtotal: 93.08
100-4008-6160-00 US BANK CS-7693 Supplies 02/18/2025 74934 941.73 100-4008-6160-00 US BANK CS-4743 Amazon - Sr Luncheon Supplies 02/18/2025 74934 32.98 AP-Transactions by Account (02/26/2025 - 8:21 AM) Page 5 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 974.71
100-4008-6176-00 US BANK CS-7693 Sr Excursion - Museum of Flying 12/12/24 02/18/2025 74934 50.00 Vendor Subtotal: 50.00
100-4010-5100-00 AMERICAN GLOBAL SECURITY INCEquestrian - Security Svcs - Jan '25 02/25/2025 74951 1,050.00 0000004128 100-4010-5100-00 AMERICAN GLOBAL SECURITY INCTrancas - Security Svcs - Jan '25 02/25/2025 74951 1,050.00 0000004128 100-4010-5100-00 AMERICAN GLOBAL SECURITY INCLas Flores - Security Svcs - Jan '25 02/25/2025 74951 1,050.00 0000004128 Vendor Subtotal: 3,150.00
100-4010-5100-00 ENHANCED LANDSCAPE MANAGEMEN City Parks Landscape Maint/Liners - Jan '25 T LLC 02/25/2025 74957 25,262.45 0000004317 Vendor Subtotal: 25,262.45
100-4010-5100-00 ULTIMATE MAINTENANCE SERVICES INC City Parks Janitorial Svcs - Jan '25 02/25/2025 74972 3,675.00 0000004018 Vendor Subtotal: 3,675.00
100-4010-5130-00 ANAWALT LUMBER CO INC Bluffs - Bricks 02/25/2025 74952 39.75 100-4010-5130-00 ANAWALT LUMBER CO INC Trancas - Quickcrete Concrete 02/25/2025 74952 19.77 Vendor Subtotal: 59.52
100-4010-5130-00 ENHANCED LANDSCAPE MANAGEMEN Thanksgiving Day Porter Hours T LLC 02/04/2025 74853 960.00 Vendor Subtotal: 960.00
100-4010-5130-00 STOVER SEED COMPANY Bluffs - Grand Slam Seed 02/04/2025 74867 886.27 Vendor Subtotal: 886.27
100-4010-5610-00 ANAWALT LUMBER CO INC CS - Dowel Pin 02/04/2025 74847 2.74 Vendor Subtotal: 2.74
AP-Transactions by Account (02/26/2025 - 8:21 AM) Page 6 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Account Number Vendor Description GL Date Check No Amount PO No 100-4010-5610-00 MOSSER PLUMBING & HEATING INC Trancas - Monthly Septic Maint 12/27/24 02/25/2025 74966 300.00 100-4010-5610-00 MOSSER PLUMBING & HEATING INC Las Flores - Monthly Septic Maint 12/31/24 02/25/2025 74966 120.00 Vendor Subtotal: 420.00
100-4010-5610-00 SERVICE GENIUS AIR CONDITIONING & HEATING Bluffs - Air Duct Diagnosis 02/04/2025 74865 49.00 100-4010-5610-00 SERVICE GENIUS AIR CONDITIONING & HEATING Bluffs - MLC Duct Repairs 02/25/2025 74969 9,000.00 0000004428 Vendor Subtotal: 9,049.00
100-4010-5610-00 US BANK CS-2481 Home Depot - MLC Vinyl Rub Rail 02/18/2025 74934 84.17 Vendor Subtotal: 84.17
100-4010-5640-00 ANAWALT LUMBER CO INC CS - O-Rings Pressure Washer 02/04/2025 74847 2.60 Vendor Subtotal: 2.60
100-4010-5640-00 US BANK CS-2481 Park Maint Equipment 02/18/2025 74934 38.96 Vendor Subtotal: 38.96
100-4010-5710-00 NATIONAL CONSTRUCTION RENTALS INC Bluffs Park Temp Fence 12/9/24 - 6/8/25 02/04/2025 74862 3,031.85 100-4010-5710-00 NATIONAL CONSTRUCTION RENTALS INC Bluffs Park Portable Toilets 12/12/24 - 1/8/25 02/04/2025 74862 941.00 100-4010-5710-00 NATIONAL CONSTRUCTION RENTALS INC Bluffs Park Portable Toilets 1/9 - 2/5/25 02/25/2025 74967 941.00 Vendor Subtotal: 4,913.85
100-4010-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY Community Services - Dec '24 02/18/2025 74916 1,078.83 100-4010-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY PCH Median - Dec '24 02/18/2025 74916 16.16 100-4010-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY Rambla Pacifico - Dec '24 02/18/2025 74916 17.29 Vendor Subtotal: 1,112.28
100-4010-5723-00 LA CO MALIBU TREASURER-WATERWORKS Water - Las Flores Rambla 10/9 - 12/12/24 Acct#29143394 02/04/2025 74858 245.23 100-4010-5723-00 LA CO MALIBU TREASURER-WATERWORKS Water - Las Flores 10/9 - 12/12/24 Acct#29142887 02/04/2025 74858 992.00 100-4010-5723-00 LA CO MALIBU TREASURER-WATERWORKS Water - Las Flores 10/9 - 12/12/24 Acct#29142869 02/04/2025 74858 112.77 100-4010-5723-00 LA CO MALIBU TREASURER-WATERWORKS Water - PCH Median 11/5/24 - 1/6/25 Acct#29152979 02/04/2025 74858 286.48 100-4010-5723-00 LA CO MALIBU TREASURER-WATERWORKS Water - Cross Creek 11/5/24 - 1/6/25 Acct#29649953 02/04/2025 74858 477.46 100-4010-5723-00 LA CO MALIBU TREASURER-WATERWORKS Water - Charmlee 11/18/24 - 1/21/25 Acct#29158670 02/25/2025 74962 477.46 AP-Transactions by Account (02/26/2025 - 8:21 AM) Page 7 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Account Number Vendor Description GL Date Check No Amount PO No 100-4010-5723-00 LA CO MALIBU TREASURER-WATERWORKS Water - Equestrian Fireline 11/13/24 - 1/15/25 Acct#29156414 02/25/2025 74962 691.90 100-4010-5723-00 LA CO MALIBU TREASURER-WATERWORKS Water - Irrigation Trancas 11/18/24 - 1/21/25 Acct#29648084 02/25/2025 74962 929.56 100-4010-5723-00 LA CO MALIBU TREASURER-WATERWORKS Water - Irrigation Broad Beach 11/19/24 - 1/22/25 Acct#29159504 02/25/2025 74962 95.49 100-4010-5723-00 LA CO MALIBU TREASURER-WATERWORKS Water - Equestrian 11/13/24 - 1/15/25 Acct#29156963 02/25/2025 74962 477.46 100-4010-5723-00 LA CO MALIBU TREASURER-WATERWORKS Water - Bluffs 11/25/24 - 1/28/25 Acct#29162657 02/25/2025 74962 504.58 Vendor Subtotal: 5,290.39
100-4010-5725-00 GI INDUSTRIES Garbage - Charmlee Park - Jan '25 02/25/2025 74959 262.18 100-4010-5725-00 GI INDUSTRIES Garbage - Bluffs/Equestrian - Jan '25 02/25/2025 74959 801.70 100-4010-5725-00 GI INDUSTRIES Garbage - Charmlee Park - Feb '25 02/25/2025 74959 262.18 100-4010-5725-00 GI INDUSTRIES Garbage - Bluffs/Equestrian - Feb '25 02/25/2025 74959 1,184.29 Vendor Subtotal: 2,510.35
100-4010-6160-00 ANAWALT LUMBER CO INC Bluffs Park - Liquid Nails 02/04/2025 74847 4.39 Vendor Subtotal: 4.39
100-4010-6160-00 BRIAN SHORE Banner/Poster - Winter Closures 02/04/2025 74868 187.53 100-4010-6160-00 BRIAN SHORE Sign - Bluffs Park Restroom 02/25/2025 74971 394.20 Vendor Subtotal: 581.73
100-4010-6160-00 US BANK CS-1673 Malibu Hardware - Supplies 02/18/2025 74934 33.52 Vendor Subtotal: 33.52
100-4010-6160-00 WAXIE ENTERPRISES LLC Bluffs - Restroom Supplies 02/04/2025 74870 495.68 Vendor Subtotal: 495.68
100-4010-6300-00 US BANK CS-2481 Home Depot - Minor Equipment 02/18/2025 74934 167.56 Vendor Subtotal: 167.56
100-4010-6400-00 4IMPRINT INC CS - Polo Shirts 02/04/2025 74846 346.89 Vendor Subtotal: 346.89
AP-Transactions by Account (02/26/2025 - 8:21 AM) Page 8 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Account Number Vendor Description GL Date Check No Amount PO No 100-4010-6600-00 US BANK CS-2481 Hose-Man Inc - Pressure Washer 02/18/2025 74934 215.56 Vendor Subtotal: 215.56
100-4010-7910-00 ENHANCED LANDSCAPE MANAGEMEN Trancas Park - Irrigation Repairs T LLC 02/04/2025 74853 237.88 100-4010-7910-00 ENHANCED LANDSCAPE MANAGEMEN Bluffs - Irrigation Repairs T LLC 02/04/2025 74853 1,631.54 100-4010-7910-00 ENHANCED LANDSCAPE MANAGEMEN Las Flores - Irrigation Repairs T LLC 02/04/2025 74853 1,262.31 Vendor Subtotal: 3,131.73
100-4011-5107-00 ULTIMATE MAINTENANCE SERVICES INC Breakfast with Santa - Post Event Cleaning - Dec '24 02/04/2025 74869 300.00 100-4011-5107-00 ULTIMATE MAINTENANCE SERVICES INC Day Porter - Breakfast with Santa - Dec '24 02/04/2025 74869 200.00 Vendor Subtotal: 500.00
100-4011-5107-00 US BANK CS-4743 Set Medics - Chumash Day 2025 02/18/2025 74934 2,820.00 Vendor Subtotal: 2,820.00
100-4011-5401-00 13 STARS MEDIA Ad - Student Art Exhibit 12/19/24 02/25/2025 74949 268.00 100-4011-5401-00 13 STARS MEDIA Ad - Student Art Exhibit 1/2/25 02/25/2025 74949 268.00 Vendor Subtotal: 536.00
100-4011-6160-00 US BANK CS-7693 Supplies 02/18/2025 74934 453.95 100-4011-6160-00 US BANK CS-4743 Amazon Refunds - Breakfast w/ Santa02/18/2025 74934 -86.85 Vendor Subtotal: 367.10
100-4012-5107-00 NATHAN HASSALL Arts in Education Workshop - Nov '24 02/25/2025 74960 600.00 Vendor Subtotal: 600.00
100-4012-5107-00 RICARDO MEANS Arts - Poetry Workshops - Nov '24 02/04/2025 74860 1,600.00 Vendor Subtotal: 1,600.00
100-4012-5107-00 JOLYNN MARIE FREED REGAN Arts - Poetry Workshop - Nov '24 02/04/2025 74863 1,600.00 AP-Transactions by Account (02/26/2025 - 8:21 AM) Page 9 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 1,600.00
100-4012-5401-00 13 STARS MEDIA Ad - Verse About Town 1/9/25 02/25/2025 74949 268.00 Vendor Subtotal: 268.00
100-4012-6160-00 BRIAN SHORE Sign - Malibu City Gallery 02/04/2025 74868 177.39 Vendor Subtotal: 177.39
100-4012-6160-00 US BANK CS-7693 Ralph's - Webster Poetry Slam Snacks 12/9/24 02/18/2025 74934 57.94 Vendor Subtotal: 57.94
100-7001-5104-00 CALIFORNIA STRATEGIES & ADVOCACY LLC Lobbying Svcs - Dec '24 02/18/2025 74877 12,500.00 0000003092 Vendor Subtotal: 12,500.00
100-7001-5300-00 US BANK CM-5259 Travel/Training 02/18/2025 74934 639.97 Vendor Subtotal: 639.97
100-7001-5330-00 LEAGUE OF CALIFORNIA CITIES Annual City Membership Dues 2025 02/18/2025 74908 6,944.00 0000004426 Vendor Subtotal: 6,944.00
100-7001-6160-00 ARC DOCUMENT SOLUTIONS LLCCouncilmember Nameplate 02/18/2025 74874 187.88 100-7001-6160-00 ARC DOCUMENT SOLUTIONS LLCFinance Fee 02/18/2025 74874 2.82 100-7001-6160-00 ARC DOCUMENT SOLUTIONS LLCFinance Fee 02/18/2025 74874 2.82 Vendor Subtotal: 193.52
100-7001-6160-00 US BANK CM-5259 Supplies 02/18/2025 74934 255.27 Vendor Subtotal: 255.27
100-7001-6170-00 US BANK CC-1018 Amazon - City Council Election Receiption 02/18/2025 74934 606.89 AP-Transactions by Account (02/26/2025 - 8:21 AM) Page 10 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 606.89
100-7002-5100-00 MAP COMMUNICATIONS INC Live Telephone Answering - Feb '25 02/18/2025 74873 291.98 0000004376 Vendor Subtotal: 291.98
100-7002-5100-00 THATS THE SOUND PRODUCTIONSSafety Campaign - Jan '25 02/18/2025 74920 27,000.00 0000004386 Vendor Subtotal: 27,000.00
100-7002-5401-00 US BANK CM-0074 Facebook - Ads for City Msgs 02/18/2025 74934 382.00 Vendor Subtotal: 382.00
100-7002-6160-00 US BANK CM-0074 Amazon - Audio/Visual Equipment 02/18/2025 74934 985.76 Vendor Subtotal: 985.76
100-7003-5100-00 DR MICHAEL D MATTHEWS SMMUSD Separation - Dec '24 02/18/2025 74911 1,455.00 0000004162 Vendor Subtotal: 1,455.00
100-7003-5105-00 TOWNSEND PUBLIC AFFAIRS INCGrant Writing Svcs - Jan '25 02/18/2025 74922 6,500.00 0000004075 Vendor Subtotal: 6,500.00
100-7005-5103-00 DAPEER ROSENBLIT & LITVAK LLPCity Prosecutor Svc - Dec '24 02/18/2025 74885 136.00 0000002553 Vendor Subtotal: 136.00
100-7007-5100-00 GLADWELL GOVERNMENTAL SERVICES INC FY 24/25 Retention Schedule Review 02/18/2025 74890 450.00 Vendor Subtotal: 450.00
100-7007-5300-00 US BANK CC-2343 League of CA Cities - Cancellation Refund 02/18/2025 74934 -475.00 100-7007-5300-00 US BANK CC-1018 City Clerk New Law Conf - Training C. Munoz 02/18/2025 74934 1,063.88 AP-Transactions by Account (02/26/2025 - 8:21 AM) Page 11 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 588.88
100-7007-5340-00 US BANK CC-1018 City Clerk New Law Conf - Transportation C. Munoz 02/18/2025 74934 350.15 Vendor Subtotal: 350.15
100-7007-5401-00 13 STARS MEDIA Legal Notice - Commission Applications - Nov/Dec'24 02/18/2025 74871 849.12 Vendor Subtotal: 849.12
100-7007-6160-00 US BANK CC-0994 UPS/Ralphs - Supplies 02/18/2025 74934 45.13 Vendor Subtotal: 45.13
100-7021-5100-00 FENCE FACTORY RENTALS Temp Fence Removal - Impound Yard 9/7/24 02/18/2025 74887 390.00 Vendor Subtotal: 390.00
100-7021-5100-00 STEVEN GUTIERREZ Parking Enforcement Hearings - Jan '25 02/18/2025 74893 375.00 0000004374 Vendor Subtotal: 375.00
100-7021-5100-00 COUNTY OF LOS ANGELES LA-RICSLARICS Radios - Jan '25 02/18/2025 74907 600.00 0000004375 Vendor Subtotal: 600.00
100-7021-5100-00 US BANK PS-3241 Veribook - Sep and Nov '24 02/18/2025 74934 49.13 Vendor Subtotal: 49.13
100-7021-5115-00 LA CO SHERIFF'S DEPARTMENT Sheriff's Svcs - Liaison 12/3 - 12/31/24 02/18/2025 74906 17,495.04 0000004305 100-7021-5115-00 LA CO SHERIFF'S DEPARTMENT Sheriff's Svcs - Liaison 11/4 - 11/21/24 02/18/2025 74906 20,582.40 0000004305 100-7021-5115-00 LA CO SHERIFF'S DEPARTMENT Sheriff's Svcs - Traffic Enforcement 11/6 - 11/29/24 02/18/2025 74906 29,030.65 0000004305 Vendor Subtotal: 67,108.09
100-7021-5119-00 OCEAN PARK COMMUNITY CENTERHomeless Outreach - Dec '24 02/18/2025 74913 29,358.00 0000003783 AP-Transactions by Account (02/26/2025 - 8:21 AM) Page 12 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 29,358.00
100-7021-5300-00 US BANK PS-4095 Fox Toll Road - IAEM Conf Travel 02/18/2025 74934 40.50 Vendor Subtotal: 40.50
100-7021-5330-00 US BANK AS-2163 Costco - Membership 02/18/2025 74934 72.22 Vendor Subtotal: 72.22
100-7021-5640-00 SOUTHERN CALIFORNIA EDISON COMPANY Tier - Dec '24 02/18/2025 74916 120.72 Vendor Subtotal: 120.72
100-7021-5721-00 ENTELEGENT SOLUTIONS INC Emergency Phone Boxes for Parks 02/04/2025 74854 33.24 Vendor Subtotal: 33.24
100-7021-5721-00 US BANK IS-6901 Starlink - EOC/PS 02/18/2025 74934 250.00 Vendor Subtotal: 250.00
100-7021-6160-00 US BANK PS-3241 Amazon - Office Supplies 02/18/2025 74934 1,115.43 100-7021-6160-00 US BANK PS-2785 Amazon - Fleet Safety Bag Supplies 02/18/2025 74934 2,021.84 100-7021-6160-00 US BANK PS-9005 Amazon - Fleet Safety Bag Supplies 02/18/2025 74934 1,710.37 100-7021-6160-00 US BANK IS-6901 DirectTV - EOC/PS 02/18/2025 74934 190.98 100-7021-6160-00 US BANK PS-4095 OpenAI - Monthly 12/15/24 02/18/2025 74934 20.00 Vendor Subtotal: 5,058.62
100-7021-6160-01 LIBERTY PRINTING & EMBROIDERYVOP Uniforms 02/18/2025 74909 397.49 Vendor Subtotal: 397.49
100-7021-6400-00 US BANK PS-8988 Roman Signs/Coastal Embroidery - Clothing/Eme 02/18/2025 rgency Gear 74934 489.64 Vendor Subtotal: 489.64
AP-Transactions by Account (02/26/2025 - 8:21 AM) Page 13 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Account Number Vendor Description GL Date Check No Amount PO No 100-7054-5100-00 GOVERNMENTAL FINANCIAL SERVICES CPA Svcs - Dec '24 02/18/2025 74892 577.50 0000004320 100-7054-5100-00 GOVERNMENTAL FINANCIAL SERVICES CPA Svcs - FY24 Transactions Report - Jan '2502/18/2025 74892 5,000.00 0000004320 Vendor Subtotal: 5,577.50
100-7054-5117-00 SOLID WASTE SOLUTIONS INC Film Permits - Jan '25 02/18/2025 74917 1,316.29 0000004067 Vendor Subtotal: 1,316.29
100-7054-5300-00 CECILIA RASPE FY 24/25 Tuition Reimbursement Spring/Fall 2024 02/18/2025 74915 92.00 Vendor Subtotal: 92.00
100-7054-5300-00 SPRINGBROOK HOLDING COMPANY LLC Employee Self-Service Module - Dec '24 02/18/2025 74918 47.25 0000004191 100-7054-5300-00 SPRINGBROOK HOLDING COMPANY LLC PMModule - Dec '24 02/18/2025 74918 1,020.00 0000004311 Vendor Subtotal: 1,067.25
100-7054-5300-00 US BANK AS-5448 CCMF - 2025 Conf J. Toney 02/18/2025 74934 90.00 Vendor Subtotal: 90.00
100-7054-5330-00 US BANK AS-2163 Costco - Membership 02/18/2025 74934 72.22 Vendor Subtotal: 72.22
100-7054-5401-00 13 STARS MEDIA Legal Notice - Financial Transactions Report 1/30/25 02/18/2025 74871 141.52 Vendor Subtotal: 141.52
100-7054-6160-00 US BANK AS-2163 Amazon - Office Supplies 02/18/2025 74934 117.46 Vendor Subtotal: 117.46
100-7058-5320-00 US BANK PW-9462 Zinque - Interview Panel Lunch 12/3/24 0/18/2025 74934 86.45 100-7058-5320-00 US BANK CS-2169 Amazon - Employee Sample Jacket 02/18/2025 74934 45.57 100-7058-5320-00 US BANK ESD-9405 Ollo - Interview Panel Lunch 12/10/24 02/18/2025 74934 81.92 100-7058-5320-00 US BANK CS-2169 Amazon - Employee Sample Jacket 02/18/2025 74934 34.29 AP-Transactions by Account (02/26/2025 - 8:21 AM) Page 14 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Account Number Vendor Description GL Date Check No Amount PO No 100-7058-5320-00 US BANK CS-2169 Galls - Employee Sample Jacket 02/18/2025 74934 81.44 100-7058-5320-00 US BANK HR-5582 Snacks/Beverages 02/18/2025 74934 67.65 100-7058-5320-00 US BANK HR-1110 HR Specialist 02/18/2025 74934 149.00 Vendor Subtotal: 546.32
100-7058-6160-00 US BANK HR-5582 CJPIA Ergonomics Training Snacks 02/18/2025 74934 18.99 Vendor Subtotal: 18.99
100-7058-6170-00 US BANK HR-1110 Amazon - Employee Recognition Supplies 02/18/2025 74934 50.15 Vendor Subtotal: 50.15
100-7059-4201-00 CalPERS Retirement PR 13.02.2025 PEPRA ER Contribution-Rounding 02/18/2025 0 0.01 100-7059-4201-00 CalPERS Retirement PR 13.02.2025 PERS ERShare-Rounding 02/18/2025 0 -0.02 Vendor Subtotal: -0.01
100-7059-5720-00 ACCESS INFORMATION INTERMEDIATE HOLDINGS 1 LLC 2024 Offsite Records Svcs - Dec '24 02/18/2025 74872 1,897.87 0000003532 100-7059-5720-00 ACCESS INFORMATION INTERMEDIATE HOLDINGS 1 LLC 2025 Offsite Records Svcs - Jan '25 02/18/2025 74872 1,674.01 0000003532 Vendor Subtotal: 3,571.88
100-7059-5721-00 FRONTIER CALIFORNIA INC Bluffs Park Public Wifi 1/17 - 2/16/25 02/18/2025 74888 153.56 Vendor Subtotal: 153.56
100-7059-5721-00 VERIZON WIRELESS SERVICES LLCCell Phone Svc 12/24/24 - 1/23/25 02/18/2025 74928 6,055.84 Vendor Subtotal: 6,055.84
100-7059-5800-00 QUADIENT LEASING USA INC Postage Meter Leasing 11/28/24 - 2/27/25 02/18/2025 74914 1,006.72 Vendor Subtotal: 1,006.72
100-7059-5800-00 US BANK NATIONAL ASSOCIATIONToshiba Leases 1/15 - 2/15/25 02/18/2025 74921 2,849.14 AP-Transactions by Account (02/26/2025 - 8:21 AM) Page 15 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 2,849.14
100-7059-5800-00 XEROX CORPORATION Xerox Lease - B8170 1/22 - 2/21/25 02/18/2025 74932 687.50 0000003712 100-7059-5800-00 XEROX CORPORATION Xerox Lease - C8155 1/22 - 2/21/25 02/18/2025 74933 519.20 0000003859 Vendor Subtotal: 1,206.70
100-7059-6160-00 CONEJO AWARDS City Staff Name Badges 02/18/2025 74880 180.18 Vendor Subtotal: 180.18
100-7059-6160-00 STAPLES CONTRACT & COMMERCIAL LLC Office Supplies - Non Departmental 02/25/2025 74970 384.07 Vendor Subtotal: 384.07
100-7059-6160-00 US BANK HR-1110 IKEA - Utensils for Staff Events 02/18/2025 74934 109.73 Vendor Subtotal: 109.73
Subtotal for Section 1: 100 318,335.85
101-0000-3421-00 GEOFFREY WALSH Ref - Planning Fees APR 24-075, 6943 Grasswood Ave 02/18/2025 74930 500.00 Vendor Subtotal: 500.00
101-2001-4210-00 State of California PR Taxes Unemployment Expenses - Oct-Dec'24 02/18/2025 0 103.00 Vendor Subtotal: 103.00
101-2001-5210-00 LA COUNTY REGISTRAR-RECORDER LA CO CLERK CEQA Filing - 22476 Carbon Mesa Rd - APR 22-036 0/18/2025 74900 75.00 101-2001-5210-00 LA COUNTY REGISTRAR-RECORDER LA CO CLERK CEQA Filing - 4417 Vista Del Preseas - APRWF 21-023 02/18/2025 74902 75.00 101-2001-5210-00 LA COUNTY REGISTRAR-RECORDER LA CO CLERK CEQA Filing - 6200 Cavalleri Rd - ACDP 23-070 02/18/2025 74903 75.00 101-2001-5210-00 LA COUNTY REGISTRAR-RECORDER LA CO CLERK CEQA Filing - 7004 Fernhill Dr - CDP 24-05502/18/2025 74904 75.00 101-2001-5210-00 LA COUNTY REGISTRAR-RECORDER LA CO CLERK CEQA Filing - 22235 Pacific Coast Hwy - CUPA 24-005 02/18/2025 74899 75.00 101-2001-5210-00 LA COUNTY REGISTRAR-RECORDER LA CO CLERK CEQA Filing - 33012 Pacific Coast Hwy - CDP 23-039 02/18/2025 74901 75.00 Vendor Subtotal: 450.00
AP-Transactions by Account (02/26/2025 - 8:21 AM) Page 16 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Account Number Vendor Description GL Date Check No Amount PO No 101-2001-5330-00 US BANK PL-5265 Zoom/Planetizen - Subscriptions 02/18/2025 74934 215.71 Vendor Subtotal: 215.71
101-2001-5401-00 CR PRINT Public Notice Postcard Mailings 02/18/2025 74882 185.15 0000004077 101-2001-5401-00 CR PRINT Public Notice Postcard Mailings 02/18/2025 74882 179.58 0000004077 Vendor Subtotal: 364.73
101-2004-5100-00 CSG CONSULTANTS INC In-House Plan Check 10/26 - 11/29/24 02/18/2025 74883 10,960.00 0000004308 Vendor Subtotal: 10,960.00
101-2004-5100-00 TRUE NORTH COMPLIANCE SERVICES INC Plan Check - Dec '24 02/18/2025 74925 3,010.46 0000004319 101-2004-5100-00 TRUE NORTH COMPLIANCE SERVICES INC In-House Inspector - Dec '24 02/18/2025 74925 7,200.00 0000004319 101-2004-5100-00 TRUE NORTH COMPLIANCE SERVICES INC In-House Plan Check Engr - Dec '24 02/18/2025 74925 2,340.00 0000004319 Vendor Subtotal: 12,550.46
101-2004-5100-00 BUREAU VERITAS NORTH AMERICA INC Plan Check - Dec '24 02/18/2025 74927 1,242.80 0000004398 101-2004-5100-00 BUREAU VERITAS NORTH AMERICA INC Onsite Permit Tech - Dec '24 02/18/2025 74927 6,000.00 0000004398 Vendor Subtotal: 7,242.80
101-2004-5330-00 US BANK AS-2163 Costco - Membership 02/18/2025 74934 72.22 Vendor Subtotal: 72.22
101-2004-5401-00 13 STARS MEDIA Ad - E3 New Deadline 11/28/24 02/18/2025 74871 268.00 Vendor Subtotal: 268.00
101-2004-6160-00 US BANK ESD-7736 Amazon - Supplies 02/18/2025 74934 227.12 101-2004-6160-00 US BANK ESD-9405 D'Amores - Staff Appreciation Lunch02/18/2025 74934 319.12 Vendor Subtotal: 546.24
101-2004-6400-00 US BANK ESD-7736 Lands End - Shirts 02/18/2025 74934 260.33 AP-Transactions by Account (02/26/2025 - 8:21 AM) Page 17 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 260.33
101-2010-4210-00 State of California PR Taxes Unemployment Expenses - Oct-Dec'24 02/18/2025 0 990.00 Vendor Subtotal: 990.00
101-2010-6160-00 US BANK ESD-7736 Amazon - Supplies 02/18/2025 74934 20.70 Vendor Subtotal: 20.70
101-2012-5100-00 LA CO REGISTRAR RECCORDER/CITY CLERK Re-Recorded Doc Fees - Oct '24 02/18/2025 74905 40.00 Vendor Subtotal: 40.00
101-3003-5401-00 13 STARS MEDIA Ad - Rain Barrel Program 1/2/25 02/25/2025 74949 268.00 101-3003-5401-00 13 STARS MEDIA Ad - Rain Barrel Program 1/9/25 02/25/2025 74949 268.00 Vendor Subtotal: 536.00
101-3003-6160-00 US BANK ESD-7736 Fusion Imaging - Window Decals 02/18/2025 74934 242.10 Vendor Subtotal: 242.10
Subtotal for Section 1: 101 35,362.29
102-3002-5100-03 TRUE NORTH COMPLIANCE SERVICES INC WF Plan Check - Dec '24 02/18/2025 74925 978.25 0000004319 Vendor Subtotal: 978.25
102-3101-5100-00 COTTON SHIRES & ASSOCIATES INCFranklin Fire Recovery - Dec '24 02/24/2025 74938 14,181.75 0000004314 102-3101-5100-00 COTTON SHIRES & ASSOCIATES INCFranklin Fire Disaster Response - Jan '24 02/24/2025 74938 6,446.25 0000004314 Vendor Subtotal: 20,628.00
102-3101-5100-00 US BANK CS-4743 WPY - Franklin Fire - Bluffs Park Playground Inspection 02/18/2025 74934 900.00 Vendor Subtotal: 900.00
AP-Transactions by Account (02/26/2025 - 8:21 AM) Page 18 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Account Number Vendor Description GL Date Check No Amount PO No 102-3101-5340-00 LOREN DAVIS Mileage - Franklin Fire EOC - Dec '24 02/24/2025 74940 31.36 Vendor Subtotal: 31.36
102-3101-5340-00 MELANIE KARAS Mileage - Franklin Fire - Dec '24 02/24/2025 74943 44.89 Vendor Subtotal: 44.89
102-3101-5340-00 AMANDA RIGALI Mileage - Franklin Fire - Dec '24 02/24/2025 74944 84.56 Vendor Subtotal: 84.56
102-3101-5340-00 BRITTANY SALEAUMUA Mileage - Franklin Fire - Dec '24 02/24/2025 74946 23.31 Vendor Subtotal: 23.31
102-3101-6160-00 BRIAN SHORE Franklin Fire - Townhall Signage 02/24/2025 74948 930.75 102-3101-6160-00 BRIAN SHORE Franklin Fire - City Hall Signage 02/24/2025 74948 118.26 Vendor Subtotal: 1,049.01
102-3101-6160-00 US BANK ESD-9405 McDonald's - Franklin Fire EOC Meals 02/18/2025 74934 250.76 102-3101-6160-00 US BANK CS-7118 Franklin Fire - Supplies 02/18/2025 74934 296.03 102-3101-6160-00 US BANK CS-2169 Franklin Fire - Supplies 02/18/2025 74934 1,389.08 102-3101-6160-00 US BANK CS-4743 Franklin Fire - Supplies 02/18/2025 74934 2,141.33 102-3101-6160-00 US BANK AS-2163 Staples - Franklin Fire EOC Supplies02/18/2025 74934 174.07 102-3101-6160-00 US BANK CS-6305 Franklin Fire - Supplies 02/18/2025 74934 1,190.57 102-3101-6160-00 US BANK CC-2343 Franklin Fire - EOC Supplies 02/18/2025 74934 622.34 102-3101-6160-00 US BANK PW-8679 The Stand - Franklin Fire Field Staff Meals 02/18/2025 74934 35.47 102-3101-6160-00 US BANK HR-1110 Starbucks/Ralphs - Franklin Fire Townhall 12/18/24 02/18/2025 74934 204.97 102-3101-6160-00 US BANK AS-7465 Amazon - Franklin Fire Entrance Mats02/18/2025 74934 230.55 102-3101-6160-00 US BANK PS-4095 Fresh Brothers - Franklin Fire EOC Meals 12/12/24 02/18/2025 74934 96.32 102-3101-6160-00 US BANK PS-3838 McDonalds - Franklin Fire Meals 02/18/2025 74934 16.84 102-3101-6160-00 US BANK PW-6682 Krispy Kreme - Franklin Fire EOC Meals 02/18/2025 74934 26.59 102-3101-6160-00 US BANK CS-7693 Franklin Fire - Supplies 02/18/2025 74934 2,635.89 Vendor Subtotal: 9,310.81
102-3102-5100-00 COTTON SHIRES & ASSOCIATES INCPalisades Fire Disaster Response - Jan '25 02/24/2025 74939 117,477.50 0000004314 AP-Transactions by Account (02/26/2025 - 8:21 AM) Page 19 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 117,477.50
102-3102-5100-00 JACOB GREEN & ASSOCIATES INCPalisades Fire - EOC Consulting Svcs - Jan '2502/24/2025 74942 11,242.09 0000004429 Vendor Subtotal: 11,242.09
102-3102-5100-00 WAVE ENTERPRISES INC Suite Relocation - Palisades Rebuild Offices 02/12/2025 74843 2,500.00 Vendor Subtotal: 2,500.00
102-3102-5340-00 LOREN DAVIS Mileage - Palisades Fire EOC - Jan '25 02/24/2025 74941 109.27 Vendor Subtotal: 109.27
102-3102-5340-00 AMANDA RIGALI Mileage - Palisades Fire - Jan '25 02/24/2025 74945 123.90 Vendor Subtotal: 123.90
102-3102-5340-00 SEBASTIAN SPIROGLOU Mileage - Palisades Fire - Jan '25 02/24/2025 74947 35.77 Vendor Subtotal: 35.77
102-3102-5710-00 WAVE ENTERPRISES INC Rent - Palisades Rebuild Offices - Mar '25 02/12/2025 74843 15,254.35 Vendor Subtotal: 15,254.35
102-3102-6160-00 ANAWALT LUMBER CO INC Palisades Fire - Field Staff Goggles 02/24/2025 74935 26.38 Vendor Subtotal: 26.38
102-3102-6160-00 BURNS PACIFIC CONSTRUCTION INC Palisades Fire - City Hall Generator Fuel - Jan '25 02/24/2025 74937 6,718.00 0000004401 Vendor Subtotal: 6,718.00
102-9204-5100-00 CWE Stormwater Proj - Clover Heights/Harvester Rd 8/1/24 - 02/18/202511/30/24 74884 1,481.05 0000003954 Vendor Subtotal: 1,481.05
AP-Transactions by Account (02/26/2025 - 8:21 AM) Page 20 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Account Number Vendor Description GL Date Check No Amount PO No 102-9207-5100-00 TOM MALLOY CORPORATION Temp Shoring Plates - Latigo Cyn 12/5/24 - 1/1/25 02/18/2025 74923 1,848.00 Vendor Subtotal: 1,848.00
102-9216-5100-00 m6 Consulting Inc. Westward Beach Rd Drainage Repairs - Apr '2402/18/2025 74910 1,897.51 0000003805 102-9216-5100-00 m6 Consulting Inc. Westward Beach Rd Drainage Repairs - Dec '2402/18/2025 74910 3,823.23 0000003805 Vendor Subtotal: 5,720.74
Subtotal for Section 1: 102 195,587.24
103-9050-5100-00 ENHANCED LANDSCAPE MANAGEMEN City Hall Landscape Maint - Jan '25 T LLC 02/25/2025 74957 1,062.92 0000004317 Vendor Subtotal: 1,062.92
103-9050-5100-00 ULTIMATE MAINTENANCE SERVICES INC City Hall Janitorial Svcs - Feb '25 02/18/2025 74926 4,350.00 0000004018 Vendor Subtotal: 4,350.00
103-9050-5610-00 BURNS PACIFIC CONSTRUCTION INC City Hall Flagpole Repair 1/6/25 02/24/2025 74936 377.65 Vendor Subtotal: 377.65
103-9050-5610-00 CALIFORNIA DEPARTMENT OF TAX & FEE ADMINISTRATION Aqua Chem - Jan '25 Water Treatment Acct#101-349966 02/18/2025 74878 320.82 Vendor Subtotal: 320.82
103-9050-5610-00 CLIMATEC LLC HVAC Repairs 02/18/2025 74879 528.00 Vendor Subtotal: 528.00
103-9050-5610-00 DUTHIE ELECTRICAL SERVICES Generator Fuel Test 02/18/2025 74886 257.95 103-9050-5610-00 DUTHIE ELECTRICAL SERVICES Annual Generator Preventative Maintenance 02/18/2025 74886 1,106.28 Vendor Subtotal: 1,364.23
103-9050-5610-00 BOB HARTS ELECTRIC INC. City Hall - Electrical for Entrance Doors 02/18/2025 74894 285.00 AP-Transactions by Account (02/26/2025 - 8:21 AM) Page 21 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 285.00
103-9050-5610-00 KEITH S HOLLAND Elevator Phone Repair 02/18/2025 74896 420.00 Vendor Subtotal: 420.00
103-9050-5610-00 US BANK AS-7465 Amazon - Desk Clamps 02/18/2025 74934 61.12 103-9050-5610-00 US BANK AS-7465 Amazon - EM Batteries 02/18/2025 74934 131.35 103-9050-5610-00 US BANK AS-7465 Amazon - Markers 02/18/2025 74934 15.32 103-9050-5610-00 US BANK AS-7465 Amazon/DIY - Fac Maint 02/18/2025 74934 177.08 Vendor Subtotal: 384.87
103-9050-5721-00 FRONTIER CALIFORNIA INC Phone - City Hall Elevator - Feb '25 02/18/2025 74888 98.84 Vendor Subtotal: 98.84
103-9050-5721-00 US BANK AS-2163 Frontier - CH Elevator Line 02/18/2025 74934 607.54 Vendor Subtotal: 607.54
103-9050-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY City Hall - Dec '24 02/18/2025 74916 9,173.89 Vendor Subtotal: 9,173.89
103-9050-5725-00 GI INDUSTRIES Garbage - City Hall Green Waste - Feb '25 02/18/2025 74889 67.79 Vendor Subtotal: 67.79
103-9050-6160-00 HD SUPPLY INC City Hall - Janitorial Supplies 02/18/2025 74895 590.10 Vendor Subtotal: 590.10
103-9050-6160-00 US BANK AS-2163 Costco - Membership 02/18/2025 74934 36.12 Vendor Subtotal: 36.12
AP-Transactions by Account (02/26/2025 - 8:21 AM) Page 22 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Account Number Vendor Description GL Date Check No Amount PO No 103-9050-6300-00 US BANK AS-7465 Amazon - Tape Measure 02/18/2025 74934 17.58 Vendor Subtotal: 17.58
103-9050-6400-00 US BANK AS-7465 Amazon - Rain Jacket 02/18/2025 74934 152.45 Vendor Subtotal: 152.45
Subtotal for Section 1: 103 19,837.80
105-9088-5100-00 TRIPEPI SMITH & ASSOCIATES Vacant Lot Svcs - Dec '24 02/18/2025 74924 457.50 0000004209 Vendor Subtotal: 457.50
105-9088-5127-00 LA CO AGRICULTURAL COMMISSIONER Weed Abatement - Ioki Lot 7/1 - 9/30/24, Chili Cookoff 02/25/2025 74961 4,473.55 Vendor Subtotal: 4,473.55
Subtotal for Section 1: 105 4,931.05
203-3009-5145-00 13 STARS MEDIA Ad - Dial-A-Ride 12/19/24 02/25/2025 74949 268.00 Vendor Subtotal: 268.00
203-3009-5145-00 US BANK CS-7693 Dial-A-Ride Svcs 02/18/2025 74934 1,058.78 Vendor Subtotal: 1,058.78
Subtotal for Section 1: 203 1,326.78
207-3004-5100-00 SOLID WASTE SOLUTIONS INC Hauler Permits/AB 939/Cal Recycle - Jan '25 02/18/2025 74917 895.00 0000004074 Vendor Subtotal: 895.00
207-3004-5100-01 SOLID WASTE SOLUTIONS INC Dumpter Lid Enforcement - Jan '25 02/18/2025 74917 1,180.75 0000004074 Vendor Subtotal: 1,180.75
AP-Transactions by Account (02/26/2025 - 8:21 AM) Page 23 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Account Number Vendor Description GL Date Check No Amount PO No 207-3004-5401-00 13 STARS MEDIA Ad - Christmas Tree Recycling 12/26/24 02/18/2025 74871 268.00 207-3004-5401-00 13 STARS MEDIA Ad - Christmas Tree Recycling 1/2/25 02/25/2025 74949 268.00 Vendor Subtotal: 536.00
207-3004-5850-00 13 STARS MEDIA Ad - SB 1383 Organic Recycling 11/28/24 02/18/2025 74871 268.00 Vendor Subtotal: 268.00
207-3004-5850-00 SOLID WASTE SOLUTIONS INC SB 1383 Grant - Jan '25 02/18/2025 74917 223.75 Vendor Subtotal: 223.75
Subtotal for Section 1: 207 3,103.50
215-7070-7800-00 WILLIAMS SCOTSMAN INC MCLE Restroom Trailer - Tank 12/24/24 - 1/20/25 02/18/2025 74931 1,084.51 215-7070-7800-00 WILLIAMS SCOTSMAN INC MCLE Restroom Trailer - Toilet 12/25/24 - 1/21/25 02/18/2025 74931 5,390.55 215-7070-7800-00 WILLIAMS SCOTSMAN INC Temp Office Trailer 12/28/24 - 1/27/25 02/18/2025 74931 1,812.43 215-7070-7800-00 WILLIAMS SCOTSMAN INC MCLE Restroom Trailer - Toilet 1/22 - 2/18/2502/18/2025 74931 5,390.55 215-7070-7800-00 WILLIAMS SCOTSMAN INC Temp Office Trailer 1/28 - 2/27/25 02/18/2025 74931 1,812.43 Vendor Subtotal: 15,490.47
Subtotal for Section 1: 215 15,490.47
290-6002-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY Asmt Dist Big Rock - Dec '24 02/18/2025 74916 1,390.72 290-6002-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY Big Rock Inland Pump - Dec '24 02/18/2025 74916 62.34 Vendor Subtotal: 1,453.06
Subtotal for Section 1: 290 1,453.06
291-6003-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY Asmt dst Malibu Rd - Dec '24 02/18/2025 74916 91.91 Vendor Subtotal: 91.91
AP-Transactions by Account (02/26/2025 - 8:21 AM) Page 24 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Account Number Vendor Description GL Date Check No Amount PO No Subtotal for Section 1: 291 91.91
292-6004-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY Asmt Dist Calle Del - Dec '24 02/18/2025 74916 26.51 292-6004-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY Calle Del Barco - Dec '24 02/18/2025 74916 14.51 292-6004-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY Asmt Dist Rambla-Calle - Dec '24 02/18/2025 74916 19.47 Vendor Subtotal: 60.49
Subtotal for Section 1: 292 60.49
310-9065-7800-00 KIMLEY-HORN AND ASSOCIATES INC Task 14: Labor Exchange Trailer - Through 12/31/24 02/18/2025 74898 13,733.00 0000004356 Vendor Subtotal: 13,733.00
310-9066-5100-00 GMZ ENGINEERING INC PCH Signal Synch Proj - Dec '24 02/18/2025 74891 771,702.20 0000004076 Vendor Subtotal: 771,702.20
310-9090-5100-00 13 STARS MEDIA Legal Notice - Permanent Skate Park Bids 1/9/2502/18/2025 74871 624.24 Vendor Subtotal: 624.24
310-9090-5100-00 CALIFORNIA SKATEPARKS Permanent Skatepark Consultant 02/25/2025 74954 31,915.50 0000003627 Vendor Subtotal: 31,915.50
310-9100-5100-00 CHEN RYAN ASSOCIATES INC PCH Right Turn Lane at Trancas - Nov '24 02/18/2025 74881 13,109.50 0000003915 Vendor Subtotal: 13,109.50
310-9102-5100-00 KIMLEY-HORN AND ASSOCIATES INC PCH Median Improvements - Oct '24 02/18/2025 74898 8,027.50 0000004423 Vendor Subtotal: 8,027.50
310-9103-5100-00 KIMLEY-HORN AND ASSOCIATES INC Task 15: Kanan Dume Biofilters - Nov '24 02/18/2025 74898 2,141.69 0000004356 Vendor Subtotal: 2,141.69
AP-Transactions by Account (02/26/2025 - 8:21 AM) Page 25 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Account Number Vendor Description GL Date Check No Amount PO No Subtotal for Section 1: 310 841,253.63
500-7008-5100-00 ENHANCED LANDSCAPE MANAGEMEN Legacy Park Landscape Maint/Liners - Jan '25 T LLC 02/25/2025 74957 16,718.21 0000004317 Vendor Subtotal: 16,718.21
500-7008-5130-00 ENHANCED LANDSCAPE MANAGEMEN Legacy Park - Irrigation Repairs T LLC 02/04/2025 74853 501.46 Vendor Subtotal: 501.46
500-7008-5130-00 US BANK CS-1673 S&S Seeds - Legacy Park Seeding 02/18/2025 74934 1,328.53 Vendor Subtotal: 1,328.53
500-7008-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY 23661 PCH - Dec '24 02/18/2025 74916 763.36 Vendor Subtotal: 763.36
500-7008-5723-00 LA CO MALIBU TREASURER-WATERWORKS Water - Legacy Park 11/5/24 - 1/6/25 Acct#29648060 02/4/2025 74858 5,253.15 0000004420 500-7008-5723-00 LA CO MALIBU TREASURER-WATERWORKS Water - Supercare Pharmacy 11/5/24 - 1/6/25 Acct#29152982 02/04/2025 74858 190.99 500-7008-5723-00 LA CO MALIBU TREASURER-WATERWORKS Water - Legacy Park 11/5/24 - 1/6/25 Acct#29648063 02/4/2025 74858 613.24 Vendor Subtotal: 6,057.38
500-7008-5725-00 GI INDUSTRIES Garbage - Ioki Lot - Feb '25 02/25/2025 74959 179.63 500-7008-5725-00 GI INDUSTRIES Garbage - Supercare Pharmacy - Feb '25 02/25/2025 74959 666.54 500-7008-5725-00 GI INDUSTRIES Garbage - Supercare Pharmacy - Jan '25 02/25/2025 74959 215.54 500-7008-5725-00 GI INDUSTRIES Garbage - Ioki Lot - Jan '25 02/25/2025 74959 179.63 Vendor Subtotal: 1,241.34
Subtotal for Section 1: 500 26,610.28
515-3010-5611-00 INTEGRATED PERFORMANCE CONSULTANTS INC Operation/Maint - CCWWTF - Oct '24 02/18/2025 74897 96,338.25 0000003456 515-3010-5611-00 INTEGRATED PERFORMANCE CONSULTANTS INC Operation/Maint - CCWWTF - Dec '24 02/18/2025 74897 96,338.25 0000003456 Vendor Subtotal: 192,676.50
AP-Transactions by Account (02/26/2025 - 8:21 AM) Page 26 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Account Number Vendor Description GL Date Check No Amount PO No 515-3010-5640-00 INTEGRATED PERFORMANCE CONSULTANTS INC Equipment Maint - CCWWTF - Dec '24 02/18/2025 74897 7,324.29 0000003456 515-3010-5640-00 INTEGRATED PERFORMANCE CONSULTANTS INC Equipment Maint - CCWWTF - Oct '24 02/18/2025 74897 2,448.13 0000003456 Vendor Subtotal: 9,772.42
515-3010-5721-00 FRONTIER CALIFORNIA INC Phone - CCWTF 1/4 - 2/3/25 02/25/2025 74958 180.04 515-3010-5721-00 FRONTIER CALIFORNIA INC Phone - CCWTF 1/8 - 2/7/25 02/25/2025 74958 413.56 Vendor Subtotal: 593.60
515-3010-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY Injection Wells/CCWWTF - Dec '24 02/18/2025 74916 259.10 Vendor Subtotal: 259.10
515-3010-5723-00 LA CO MALIBU TREASURER-WATERWORKS Water - CCWTF 11/5/24 - 1/6/25 Acct#29153030 02/25/2025 74962 477.46 Vendor Subtotal: 477.46
515-3010-5724-00 SOUTHERN CALIFORNIA GAS COMPANY CCWTF Gas 12/4/24 - 1/4/25 02/25/2025 74968 17.96 Vendor Subtotal: 17.96
515-3010-5725-00 GI INDUSTRIES Garbage - CCWTF - Jan '25 02/25/2025 74959 237.38 Vendor Subtotal: 237.38
515-3010-5725-01 INTEGRATED PERFORMANCE CONSULTANTS INC Biosolids Disposal - CCWWTF - Oct '24 02/18/2025 74897 6,850.00 0000003456 515-3010-5725-01 INTEGRATED PERFORMANCE CONSULTANTS INC Biosolids Disposal - CCWWTF - Dec '24 02/18/2025 74897 6,850.00 0000003456 Vendor Subtotal: 13,700.00
515-3010-6160-00 INTEGRATED PERFORMANCE CONSULTANTS INC Operating Supplies - CCWWTF - Dec '24 02/18/2025 74897 237.34 0000003456 Vendor Subtotal: 237.34
Subtotal for Section 1: 515 217,971.76
AP-Transactions by Account (02/26/2025 - 8:21 AM) Page 27 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Account Number Vendor Description GL Date Check No Amount PO No 601-3005-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY Electric Car Charger - Dec '24 02/18/2025 74916 456.54 Vendor Subtotal: 456.54
601-3005-6500-00 US BANK PW-8679 Fleet Fuel 02/18/2025 74934 226.01 601-3005-6500-00 US BANK CS-7433 Shell - Fleet Fuel 02/18/2025 74934 149.56 601-3005-6500-00 US BANK CS-2481 Exxon Mobil - Fleet Fuel 02/18/2025 74934 295.94 601-3005-6500-00 US BANK PW-9093 Chevron - Fleet Fuel 02/18/2025 74934 422.52 601-3005-6500-00 US BANK PW-1571 Fleet Fuel 02/18/2025 74934 217.26 601-3005-6500-00 US BANK CS-1673 Chevron - Fleet Fuel 02/18/2025 74934 123.38 Vendor Subtotal: 1,434.67
601-3005-7700-00 US BANK PW-8679 Abundant Solutions - Fleet Decals 02/18/2025 74934 233.59 Vendor Subtotal: 233.59
Subtotal for Section 1: 601 2,124.80
602-7060-5300-00 US BANK IS-9039 Travel/Training - M. Reyna 02/18/2025 74934 1,157.77 Vendor Subtotal: 1,157.77
602-7060-5721-00 FRONTIER CALIFORNIA INC Fiber Optic Svcs 1/15 - 2/14/25 02/18/2025 74888 1,655.85 Vendor Subtotal: 1,655.85
602-7060-5721-00 US BANK IS-6901 Starlink - MHS/Bluffs/IS 02/18/2025 74934 665.00 602-7060-5721-00 US BANK IS-9039 Amazon - Phone Case 02/18/2025 74934 21.99 Vendor Subtotal: 686.99
602-7060-6120-00 US BANK IS-6901 Computer Software 02/18/2025 74934 4,525.35 602-7060-6120-00 US BANK IS-9039 Computer Software 02/18/2025 74934 704.68 Vendor Subtotal: 5,230.03
602-7060-7400-00 US BANK IS-9039 Computer Equipment 02/18/2025 74934 3,778.25 602-7060-7400-00 US BANK IS-6901 Logitech - Mouse 02/18/2025 74934 158.67 AP-Transactions by Account (02/26/2025 - 8:21 AM) Page 28 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Account Number Vendor Description GL Date Check No Amount PO No 602-7060-7400-00 US BANK IS-6901 Computer Equipment 02/18/2025 74934 3,053.80 Vendor Subtotal: 6,990.72
602-7060-7400-00 FLEXENTIAL COLORADO CORP Server Colocation - Feb '25 02/18/2025 74929 2,692.69 Vendor Subtotal: 2,692.69
Subtotal for Section 1: 602 18,414.05
710-0000-2270-33 US BANK CS-1673 Brown & Brown Fence Co - Gate/Post Replacement 02/18/2025 74934 1,105.46 Vendor Subtotal: 1,105.46
710-0000-2270-35 TETRA TECH INC 6464 Ramirez Mesa Rd - EH Review 7/1 - 12/31/24 02/18/2025 74919 106.50 0000003524 710-0000-2270-35 TETRA TECH INC 29170 Heathercliff Rd - EH Review 7/1 - 12/31/24 02/18/2025 74919 575.00 0000003524 Vendor Subtotal: 681.50
710-0000-2270-51 MNS ENGINEERS INC 29280 Greenwater Rd - Nov '24 02/18/2025 74912 1,120.00 0000004380 Vendor Subtotal: 1,120.00
710-0000-2270-54 LA CO REGISTRAR RECCORDER/CITY CLERK Recorded Doc Fees - Oct '24 02/18/2025 74905 20.00 Vendor Subtotal: 20.00
Subtotal for Section 1: 710 2,926.96
900-0000-2040-00 CalPERS Retirement PR Batch 70013.02.2025 PERS EEShare/ERPaid02/18/2025 0 11,105.81 900-0000-2040-00 CalPERS Retirement PR Batch 70013.02.2025 PERS Addl Retiremnt Svc Credit 02/18/2025 0 1,781.60 Vendor Subtotal: 12,887.41
900-0000-2040-01 CalPERS Retirement PR Batch 70013.02.2025 PEPRA ER Contribution 02/18/2025 0 17,806.69 900-0000-2040-01 CalPERS Retirement PR Batch 70013.02.2025 PERS ERShare 02/18/2025 0 21,116.92 Vendor Subtotal: 38,923.61
AP-Transactions by Account (02/26/2025 - 8:21 AM) Page 29 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Account Number Vendor Description GL Date Check No Amount PO No 900-0000-2040-02 CalPERS Retirement PR Batch 70013.02.2025 PEPRA EE Contribution 02/18/2025 0 17,959.07 Vendor Subtotal: 17,959.07
900-0000-2041-00 US BANK PR Batch 70013.02.2025 PARS - ER Share 02/18/2025 74845 218.69 900-0000-2041-00 US BANK PR Batch 70013.02.2025 PARS - EE Share 02/18/2025 74845 1,043.01 Vendor Subtotal: 1,261.70
900-0000-2042-00 EMPOWER RETIREMENT LLC PR Batch 70013.02.2025 457 Retirement - % of Salary 02/18/2025 0 1,583.26 900-0000-2042-00 EMPOWER RETIREMENT LLC PR Batch 70013.02.2025 457 Retirement - ER02/18/2025 0 3,500.00 900-0000-2042-00 EMPOWER RETIREMENT LLC PR Batch 70013.02.2025 457 Retirement - Flat02/18/2025 Amount 0 11,850.39 Vendor Subtotal: 16,933.65
900-0000-2042-01 EMPOWER RETIREMENT LLC PR Batch 70013.02.2025 457 Loan Program 02/18/2025 0 1,002.60 Vendor Subtotal: 1,002.60
900-0000-2043-00 EMPOWER RETIREMENT LLC PR Batch 70013.02.2025 401 Retirement - City Manager 02/18/2025 0 620.40 900-0000-2043-00 EMPOWER RETIREMENT LLC PR Batch 70013.02.2025 401 Retirement - Dept Heads 02/18/2025 0 875.00 Vendor Subtotal: 1,495.40
900-0000-2050-00 Federal Taxes from PR PR Batch 70013.02.2025 Federal Income Tax 02/18/2025 0 56,263.67 Vendor Subtotal: 56,263.67
900-0000-2051-00 State of California PR Taxes PR Batch 70013.02.2025 State Income Tax 02/18/2025 0 22,694.94 Vendor Subtotal: 22,694.94
900-0000-2053-00 Federal Taxes from PR PR Batch 70013.02.2025 Medicare ER Share 02/18/2025 0 6,323.59 900-0000-2053-00 Federal Taxes from PR PR Batch 70013.02.2025 Medicare EE Share 02/18/2025 0 6,323.59 Vendor Subtotal: 12,647.18
AP-Transactions by Account (02/26/2025 - 8:21 AM) Page 30 Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A Account Number Vendor Description GL Date Check No Amount PO No Subtotal for Section 1: 900 182,069.23
Report Total: 1,886,951.15
AP-Transactions by Account (02/26/2025 - 8:21 AM) Page 31 Report Total: 1,886,951.15
Less: Clearing House: Electronic AP Proof List 00001.02.2025 (181,900.52) Transactions by Account Total: 1,705,050.63
Docusign Envelope ID: 9885AD03-23D3-4429-B668-836C70A0157A
Agenda Item # 1.B.3.
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 28, 2025 Meeting date: March 10, 2025 Subject: Approval of Minutes
RECOMMENDED ACTION: Approve the minutes for the December 9, 2024 Regular Meeting.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2024-25 Strategic Priority Project List.
DISCUSSION: Staff has prepared draft minutes for the Council meetings on December 9, 2024.
ATTACHMENTS:
December 9, 2024 Regular Meeting
City Council Meeting
03-10-25
Item
1.B.3.
MINUTES
MALIBU CITY COUNCIL
REGULAR MEETING
DECEMBER 9, 2024
COUNCIL CHAMBERS
5:30 P.M.
MEETING CALL TO ORDER
Mayor Stewart called the meeting to order at 5:32 p.m.
ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:
PRESENT: Mayor Doug Stewart; Mayor Pro Tem Marianne Riggins; and Councilmembers Paul Grisanti, Bruce Silverstein and Steve Uhring.
ALSO PRESENT: Trevor Rusin, Interim City Attorney; Joseph Toney, Assistant City Manager; Alexis Brown, Deputy City Manager; Kelsey Pettijohn, City Clerk; Kristin Riesgo, Community Services Director; Yolanda Bundy, Environmental Sustainability Director; Maureen Tamuri, Interim Planning Director; Rob DuBoux, Public Works Director; Parker Davis, Media Technician; Christina Muñoz, Deputy City Clerk; Jason Lawrence, Deputy City Clerk; and Tracey Rossine, Environmental Programs Manager
PLEDGE OF ALLEGIANCE
Edward Albrecht led the Pledge of Allegiance.
REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on November 27, 2024.
APPROVAL OF AGENDA
MOTION Councilmember Silverstein moved, and Councilmember Uhring seconded a motion to approve the agenda and adjourn in memory of P.J. Dahl and Kim Lamorie. The question was called, and the motion carried unanimously.
ITEM 1 CONSENT CALENDAR
Mayor Stewart opened the floor to public comment. As there were no public speakers present for the Consent Calendar, the Mayor returned the matter to the table for discussion.
Item Nos. 1.B.4. and 1.B.7. were pulled by the Council.
Malibu City Council
Minutes of December 9, 2024
_________________________
MOTION Councilmember Grisanti moved, and Mayor Pro Tem Riggins seconded a motion to approve the Consent Calendar, pulling Item Nos 1.B.4. and 1.B.7. The motion carried unanimously.
The Consent Calendar consisted of the following items:
A. Previously Discussed Items
None.
B. New Items
1. Waive Further Reading
Recommended Action: After the City Attorney has read the title, waive full reading of ordinances considered on this agenda for introduction on first reading and/or second reading and adoption.
2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 74300-74356 on the register from the General Fund and direct the City Manager to pay out the funds to each of the claimants listed in Warrant Register No. 759 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $2,906,897.75. City of Malibu payroll check number 5490-5492 and ACH deposits were issued in the amount of $384,931.89.
3. Approval of Minutes
Recommended Action: Approve the minutes for the October 23, 2024 Special Meeting, the October 724, 2024 Special Meeting, the October 28, 2024 Regular Meeting.
5. Resolution Extending the Declaration of the Existence of a Local Emergency Regarding Conditions on Pacific Coast Highway (PCH) Recommended Action: Adopt Resolution No. 24-61 extending the declaration of the existence of a local emergency related to the increase of reckless and illegal driving on pacific coast highway and directing staff to coordinate efforts with other governmental agencies to increase attention and create programs to reduce the risk and danger associated with pacific coast highway in the City.
6. Resolution Extending the Declaration of the Existence of a Local Emergency and Continuing a Program for Reducing the Risk of Fires Associated with Individuals Engaged in Unpermitted Camping Recommended Action: Adopt Resolution No. 24-62 extending the declaration of the existence of a local emergency and continuing a program for reducing the risk of fires associated with individuals engaged in unpermitted camping.
The following items were pulled from the consent calendar for individual consideration:
4. Professional Services Agreements for Contract Planning Services Recommended Action: 1) Authorize the Mayor to execute a professional services agreement with Civic Solutions, Inc. for contract planning services; and 2) Authorize the Mayor to execute a professional services agreement with Rincon Consultants, Inc. for contract planning services.
Malibu City Council
Minutes of December 9, 2024
_________________________
The Council discussed the item and directed questions to staff.
MOTION Councilmember Uhring moved, and Mayor Pro Tem Riggins seconded a motion to: 1) authorize the Mayor to execute a professional services agreement with Civic Solutions, Inc. for contract planning services; and 2) authorize the Mayor to execute a professional services agreement with Rincon Consultants, Inc. for contract planning services. The motion carried unanimously.
7. November 5, 2024 General Municipal Election Results
Recommended Action: Adopt Resolution No. 24-63 reciting the facts of the General Municipal Election held on November 5, 2024 and declaring the result and such other matters as provided by law.
City Clerk Pettijohn presented the staff report.
MOTION Councilmember Silverstein moved, and Mayor Pro Tem Riggins seconded a motion to adopt Resolution No. 24-63 reciting the facts of the General Municipal Election held on November 5, 2024 and declaring the result and such other matters as provided by law. The motion carried unanimously.
ITEM 2 CEREMONIAL/PRESENTATIONS
A. City Council Reorganization
1. Presentations to Outgoing Councilmember
The following individuals made presentations to Councilmember Grisanti:
Councilmember Edward Albrecht (City of Calabasas), Nick Fariessm (State Senator Ben Allen), Anthony Avila (Assemblymember Irwin), Sergeant Chris Soderlund (Los Angeles County Sheriff’s Department), Shari Davis (Santa Monica College), Sohpia Soudani (Supervisor Horvath), and Terry Dipple (Las Virgenes-Malibu Council of Governments)
Mayor Stewart made presentations on behalf of the City of Agoura Hills, City of Hidden Hills, City of Westlake Village, and City of Malibu.
2. Remarks by Outgoing Councilmember
Councilmember Grisanti thanked the residents, city staff, his appointed commissioners, and Sheriff’s Department staff. He discussed his plans to continue serving the Malibu community, including working with Smart Coast California and Pepperdine University. He thanked Mayor Pro Tem Riggins and Mayor Stewart for working with him on Ad Hoc Committees.
Malibu City Council
Minutes of December 9, 2024
_________________________
Mayor Pro Tem Riggins and Mayor Stewart thanked Councilmember Grisanti for his service.
3. Adjournment of 17th City Council
At 6:06 p.m., Mayor Stewart adjourned the 17th City Council.
4. Reconvene 18th City Council
Mayor Stewart called the meeting of the 18th City Council to order at 6:06 p.m.
5. Administration of Oath of Office to Newly Elected Councilmembers Bruce Silverstein was sworn in by Louis Silverstein.
Steve Uhring was sworn in by Marcia Rybak.
Haylynn Conrad was sworn in by Ell Conrad.
6. Remarks by Newly Elected Councilmembers
Councilmember Silverstein congratulated Councilmember Uhring and Councilmember Conrad and discussed the election results and historic election results. He thanked his family, residents who supported his campaign, and The Malibu Times publisher Hayley Mattson. He discussed the history and spirit of Malibu. He discussed changes in Malibu that were not compatible with the Vision Statement and Mission Statement and the various factors contributing to those changes. He discussed his 2020 campaign and his service on the City Council. He discussed his goals to serve the Malibu community.
Councilmember Uhring congratulated Councilmember Silverstein and Councilmember Conrad. He thanked the Pepperdine University journalism students for covering the election. He thanked his wife and the voters who re-elected him.
Councilmember Conrad thanked her husband and her kids, her family, her friends, and residents who supported her campaign. She discussed the unique environment and spirit of Malibu. She discussed her commitment to improving safety in Malibu and preserving the rural nature of the City.
She discussed the importance of cultivating an environment of transparency and civility. She thanked the public for the opportunity to serve.
ITEM 3 COMMISSION / COMMITTEE / CITY MANAGER UPDATES
Malibu City Council
Minutes of December 9, 2024
_________________________
Josh Spiegel, Public Safety Commission, provided an update on license plate readers. He discussed the increased success rate for the homeless outreach team in getting people housed. He commended LAZ Parking for their work on parking enforcement for the City. He discussed the importance of installing a radio repeater at Bluff’s Park for emergency radio alerts and discussed delays due to the Planning process. He proposed deploying satellite internet systems during Public Safety Power Shutoff events.
Mayor Stewart discussed the rules of decorum and requested the public hold thei applause.
Assistant City Manager Toney discussed the Particularly Dangerous Situation Red Flag Warning scheduled through Wednesday evening. He stated a Public Safety Power Shutoff (PSPS) was in effect and several circuits were being powered down, including City Hall’s circuit. He stated the Fire Department had augmented staffing through the wind event and the Sheriff’s Department was on alert as well. He announced Trancas Park and Charmlee Wilderness Park were closed due to the wind event and emergency generators were ready to be deployed at intersections in case of evacuation. He stated PSPS information was available on the City’s website. He stated the City was prepared to activate the Emergency Operations Center if needed. He announced the City’s Housing Element had been certified by the California Department of Housing and Community Development. He stated staff would be providing regular updates regarding the Community Lands project at future meetings. He provided an update on the PCH Signal Synchronization Project construction. He stated the speed cameras on PCH should be operational by the end of 2025. He discussed plans for temporary roundabouts on PCH at El Matador and Encinal Canyon Road. He announced the next PCH Master Plan workshop on December 11, 2025. He announced that the City Council would be dark for the second meeting in December and City Hall would be closed December 24, 2024-January 1, 2025 for a family-friendly winter holiday closure.
Sergeant Chris Soderlund, Los Angeles County Sheriff Department, announced there were 33 part one crimes in November and the yearly average was down from the year before. He discussed an incident where a Sheriff’s Department vehicle was rearended on PCH. He discussed an incident where deputies responded to shots fired near Carbon Mesa. He stated there were no injuries and the suspect was apprehended.
ITEM 4.A. PUBLIC COMMENTS
Tim Pera, Mountains Recreation Conservation Authority (MRCA) Ranger, welcomed Councilmember Conrad. He presented the monthly ranger report. He reported 203 parking citations were issued and continuous overnight patrols were scheduled for red flag events. He stated there were increased ranger patrols at Escondido Park due to increased traffic. He stated three administrative citations were issued for dogs on the beach and possession of alcohol at Lechuza Beach. He Malibu City Council
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discussed maintenance work near Big Rock Drive.
Channing Frykman discussed the campaign experience and thanked City Clerk Pettijohn, the Department Heads, and staff. She thanked Councilmember Grisanti for his service and congratulated Councilmember Silverstein, Councilmember Uhring, and Councilmember Conrad on their election.
Scott Dittrich congratulated Councilmember Silverstein, Councilmember Uhring, and Councilmember Conrad on their election and discussed Councilmember Grisanti’s service to the community. He discussed PSPS events and how they impacted the community. He discussed short-term rental regulations and the Coastal Commission. He discussed fire fuel levels and the danger.
Sue Murphree congratulated Councilmember Silverstein, Councilmember Uhring, and Councilmember Conrad. She requested the Malibu Marlins and Malibu Aquatics Club swim programs share the pool and discussed low enrollment in the Malibu Marlins for winter.
Colin Drummond congratulated Councilmember Silverstein, Councilmember Uhring, and Councilmember Conrad on their election. He indicated support for Ms. Murphree’s comments and requested the programs be allowed to share the pool. He suggested increasing the number of kids allowed per lane to make it easier to share the pool.
Jo Drummond congratulated Councilmember Silverstein, Councilmember Uhring, Councilmember Conrad on their election. She requested members of the public that participate in hybrid meetings sign up in advance and be shown on camera.
She discussed the history of the Malibu Aquatics Club Malibu Seawolves team and indicated support for the two swim programs sharing the pool.
Kim Ford, former co-president for Malibu Seawolves, discussed the challenge of commuting for a swim program and requested pool time in Malibu.
Norm Haynie congratulated Councilmember Silverstein, Councilmember Uhring, and Councilmember Conrad on their election, and commended all Councilmembers for their service. He thanked Councilmember Grisanti for his service.
Patrick Murphree requested the two swim programs share the pool.
Pamela Conley Ulich discussed the public comments heard tonight and consensus from the community. She requested the City get a generator for City Hall so it could be used as a community center during power outages. She encouraged young women to the audience to run for local office in the future.
Josh Spiegel deferred time to Kevin Keegan.
Kevin Keegan discussed the September 23, 2024 City Council meeting and Malibu City Council
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direction to bring back report on school resource officers. He requested the Council schedule an item on school resource officer resources. He discussed Malibu Schools AI Study Committee and requested local businesses collaborate with the Committee on a report for the City. He discussed an individual experiencing homelessness sitting in her car near schools during school hours and requested additional parking regulations near the schools.
Steve Hotchkiss requested the two swim programs share the pool. He discussed Malibu Marlin’s current use of the pool and requested allowing 5-6 swimmers per lane to increase the capacity of the pool.
Olea Brinkmann deferred time to Robert Brinkman.
Robert Brinkman congratulated Councilmember Silverstein, Councilmember Uhring and Councilmember Conrad. He stated he was available for questions about the Malibu Marlins swim program. He discussed divisions between the swim groups and the formation of the Malibu Marlins.
Kim Sichta congratulated Councilmember Silverstein, Councilmember Uhring and Councilmember Conrad. He requested the swim programs share the pool.
Bill Becker requested shared pool time for the swim programs.
Bill Sampson congratulated Councilmember Silverstein, Councilmember Uhring and Councilmember Conrad. He discussed PSPS events and Southern California Edison (SCE). He expressed concern that the beach stairs maintained by the MRCA were unsafe. He indicated support for kids swimming and discussed accomplished swimmers and water polo players from Malibu.
Howard Rudzki thanked Councilmember Grisanti for his services.
Bradley Jessup discussed an open code enforcement case on Councilmember Uhring’s property. He discussed John Mazza’s recent comments at a Planning Commission meeting that an appeal had already been drafted for an item the Commission was considering.
Steve B. discussed requests to require zoom speakers to appear on video at public meetings. He discussed Councilmember Silverstein’s newly elected Councilmember comments and who he choose to thank. He questioned if Jo Drummond lived in Malibu when her home was listed on Airbnb.
Karin Al-Hardan announced the Malibu Education Foundation (MEF) tree lot was open and that there would special events through the holiday season. She congratulated Councilmember Silverstein, Councilmember Uhring and Councilmember Conrad on their election.
Andy Lyon stated he was on generator power during the PSPS event. He Malibu City Council
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congratulated Councilmember Silverstein, Councilmember Uhring and Councilmember Conrad. He thanked those who voted for him as a write-in candidate. He requested the City use backup generators if signal lights went out.
He discussed LAZ parking enforcement and the number of tickets issued for no front license plate.
ITEM 4.B. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
In response to Mayor Pro Tem Riggins, Community Services Director Riesgo discussed the RFQ process in 2024 to select a swim program. She stated the contract had a three-year term. She stated staff worked with the Malibu Marlins President to determine which programs will be offered, and anyone can join the program. She stated the Malibu Marlins offered a competitive program.
Mayor Pro Tem Riggins stated she attended the Santa Monica-Malibu Unified School District (SMMUSD) Parent-Teachers Association (PTA) breakfast. She stated she attended a Clean Power Alliance (CPA) board meeting. She discussed US Senate Bill HR5863 allowing tax relief for wildfire victim settlements and encouraged the public to request the President sign the bill. She stated front license plates are required by the State of California. She stated the LAZ Parking group helped address illegal parkers creating public safety hazards. She announced the Harry Barovsky Memorial Youth Commission and the Malibu Navy League were each holding toy drives for the holidays. She congratulated Councilmember Silverstein, Councilmember Uhring and Councilmember Conrad.
Councilmember Conrad congratulated Councilmember Silverstein and Councilmember Uhring, and thanked Councilmember Grisanti for his service. She commended Channing Frykman and Andy Lyon on their campaigns. She discussed the importance of youth sports, preparing for PSPS events, and school safety.
Councilmember Uhring discussed the need to address PSPS events. He discussed stated items would be coming back on short-term rentals, hybrid meetings and SCE.
He discussed the potential uses of AI in schools and a CNN article on the topic. He recommended finding compromise between the swim programs.
Councilmember Silverstein suggested exploring legal recourses for PSPS. He discussed short-term rentals and the City’s existing zoning codes. He stated shortterm rentals were currently prohibited in residential zones. He discussed his proposal to limit zoom participation to Malibu residents and requiring speakers to sign up in advance. He stated City Hall should be available to the public during power outages. He discussed the prohibition on camping in a certain distance from schools. He discussed the swim programs and public comment regarding the clubs over the last year. He stated he had requested the proposals from the RFQ be brought to the Council before the agreement was awarded. He stated everyone who wanted to swim should be able to use the pool.
In response to Mayor Stewart, Assistant City Manager Toney stated in the case of Malibu City Council
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fire or an imminent evacuation, generators would be deployed at signal lights during PSPS events.
Mayor Stewart stated the pool should be open to the community and indicated the swim groups should work together and with the Parks and Recreation Commission.
He discussed how the license plate readers will be used as a force multiplier. He stated he attended the SMMUSD PTA breakfast with Mayor Pro Tem Riggins. He stated he attended a District Metro Board meeting to appoint the Westside District Representative on the Metro Board of Directors. He discussed PSPS impacts on communication systems during disasters. He discussed the regional impact of PSPS events and suggested a regional solution.
Councilmember Silverstein discussed traffic signals and the declaration of local emergency for PCH safety. He indicated support for using generators for signal power during all PSPS events.
In response to Mayor Pro Tem Riggins, Assistant City Manager Toney stated the signal generators were reserved for evacuation purposes. Public Works Director DuBoux stated Caltrans indicated they had battery backup for signals, but it was unknown if it would last duration of the PSPS event. He stated crews were on standby for generator deployment.
Mayor Pro Tem Riggins stated generators were deployed during the last PSPS event.
In response to Councilmember Uhring, Public Works Director DuBoux stated there was an agreement between the City and Caltrans to allow the City to deploy generators at Caltrans signals on PCH.
Councilmember Silverstein requested consensus to bring back an item on PSPS.
CONENSUS
By consensus, the Council directed staff to bring back an item on Public Safety Power Shutoffs and the use of signal generators.
ITEM 5 ORDINANCES AND PUBLIC HEARINGS
None.
ITEM 6 OLD BUSINESS
None.
ITEM 7 NEW BUSINESS
None.
Malibu City Council
Minutes of December 9, 2024
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ITEM 8 COUNCIL ITEMS
None.
ADJOURNMENT
Mayor Stewart adjourned the meeting at 8:11 p.m. in memory of P.J. Dahl and Kim Lamore.
Approved and adopted by the City Council of the
City of Malibu on __________.
_________________________________
DOUG STEWART, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
Agenda Item # 1.B.4.
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 26, 2025 Meeting date: March 10, 2025 Subject: Resolution Extending the Declaration of the Existence of a Local Emergency Regarding the Palisades Fire
RECOMMENDED ACTION: Adopt Resolution No. 25-09, extending the declaration of the existence of a local emergency in response to the Palisades Fire.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
The existence of the local emergency will potentially help qualify the City and its residents for reimbursement for certain disaster response expenditures.
STRATEGIC PRIORITY: This item supports the Public Safety and day-to-day operations identified in the Adopted FY 2024-25 Strategic Priority Project List. Responding to disasters is the City’s most immediate and top priority as part of the city's fundamental operations.
DISCUSSION: On January 7, 2025, the Palisades Fire started in or around Pacific Palisades and was driven into City limits by a historic Santa Ana Wind event causing hurricane-strength winds in neighboring areas and the City. The strong Santa Ana Winds have created difficulties mitigating the fire and impaired the ability of airborne firefighting. The fire combined with high winds and power outages created conditions of extreme peril to the safety of persons and property
On January 14, 2025, the City Council adopted Resolution No. 25-01, confirming the existence of a local emergency and ratifying the Proclamation of Existence of a Local Emergency.
Phase 1 and Phase 2 hazardous debris removal is still in progress and will need to be completed for the over 700 properties damaged or destroyed by the fire. The fire caused City Council Meeting
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1.B.4.
Agenda Item # 1.B.4.
extensive damage to hillsides creating danger of mudslides. Recent rainstorms have already triggered slides and forecasted rain may cause additional mudslides and debris flow.
Government Code Section 8630 requires that the City Council review the need for continuing a local emergency at least once every 60 days until the City Council terminates the local emergency.
As such, City staff recommends adopting Resolution No. 25-09 extending the declaration of the existence of a local emergency. If adopted, the City Council will review, and as needed renew, this action at least every 60 days.
ATTACHMENTS: Resolution No. 25-09
RESOLUTION NO. 25-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
EXTENDING THE DECLARATION OF THE EXISTENCE OF A LOCAL
EMERGENCY IN RESPONSE TO THE PALISADES FIRE
The City Council of the City of Malibu does hereby find, order and resolve as follows:
SECTION 1. Recitals.
A. On January 7, 2025, the Palisades Fire started in or around Pacific Palisades and was drive into City limits by a historic Santa Ana Wind event causing hurricane-strength winds in neighboring areas and the City. The strong Santa Ana Winds have created difficulties mitigating the fire and impaired the ability of airborne fire-fighting. The fire combined with high winds and power outages created conditions of extreme peril to the safety of persons and property.
B. The Acting Director of Emergency Services of the City proclaimed the existence of a local emergency on January 8, 2025.
C. On January 14, 2025, the City Council adopted Resolution No. 25-01, confirming the existence of a local emergency and ratifying the Proclamation of Existence of a Local Emergency.
D. Phase 1 and Phase 2 hazardous debris removal is still in progress and will need to be completed for the over 700 properties that were damaged or destroyed by the fire.
E. The fire caused extensive damage to hillsides creating danger of mudslides. Recent rainstorms have already triggered slides and forecasted rain may cause additional mudslides and debris flow.
SECTION 2. The City Council has reviewed the staff report and conditions justifying the state of local emergency in the City and finds that the declaration of a local emergency remains valid and necessary due to the on-going cleanup and rebuilding efforts coupled with the imminent threat of rain and mudslides. Such conditions result in extreme peril to the safety of persons and property located in the City.
SECTION 3. The local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council. As required by law, the City Council shall review the need to continue the state of emergency every 60 days until this resolution is terminated.
SECTION 4. 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 ____ 2025. _____________________________
DOUG STEWART, Mayor
Resolution No. 25-09
_____________________
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
Agenda Item # 1.B.5.
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 25, 2025 Meeting date: March 10, 2025 Subject: Amendment to Professional Services Agreement with NextRequest RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 2 to Professional Services Agreement with NextRequest for a platform through which the City may manage public records requests.
FISCAL IMPACT: No additional appropriation is required. Funding for this agreement is included in the Adopted Budget for FY 2024-25 in Account No. 100-7007-5100-00 (City Clerk Professional Services).
STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2024-25 Strategic Priority Project List.
DISCUSSION: The City receives 600-800 public records requests in a typical year and requires a software system to manage tracking and responding to requests. Currently, the City is experiencing a surge in public records related to residents’ efforts to rebuild from the Palisades and Fraklin fires, creating even more of a need for a user-friendly system for the public and staff. The City has been using NextRequest since 2020 and it has proved to be easy to navigate for the public and an effective tracking and communication system.
This amendment extends the term of the agreement for two additional years. The agreement allows for a 5% yearly increase in costs and the cost of services for the next year will be $15,041.90.
ATTACHMENTS: Amendment No. 2 to Professional Services Agreement with NextRequest
City Council Meeting
03-10-25
Item
1.B.5.
AMENDMENT NO. 2 TO AGREEMENT
THIS AMENDMENT NO. 2 TO AGREEMENT is made and entered in the City of Malibu on March 10, 2025, by and between the CITY OF MALIBU, hereinafter referred to as City, and NextRequest, hereinafter referred to as Consultant.
The City and the Consultant agree as follows:
R E C I T A L S
A. On March 1, 2022, the City entered into an Agreement with Consultant for Software-as-a-Service (SaaS) platform through which the City may manage public records requests (the “Agreement”).
B. On February 27, 2023, the City entered into Amendment No. 1 with Consultant extending the term of the agreement and increasing the compensation for services.
C. The City desires to amend the Agreement to extend the term of the agreement, and Consultant has submitted a proposal for this purpose that is acceptable to the City.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
1. Section 2.0 – Term of Agreement, of the Agreement, is hereby extended to March 1, 2027.
2. The Parties agree that this Amendment 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.
3. All terms and conditions of the Agreement not amended by this Amendment No. 2 remain in full force and effect.
This Agreement is executed on ______________________, at Malibu, California, and effective as of March 1, 2025.
CITY OF MALIBU:
____________________________________
DOUG STEWART, Mayor
ATTEST:
____________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM: CONSULTANT:
_____________________________________ ____________________________________ TREVOR RUSIN, Interim City Attorney By: Amy Vikander
Title: Senior Vice President of Customer
Success
Agenda Item # 1.B.6.
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Kristin Riesgo, Community Services Director Approved by: Joseph D. Toney, Acting City Manager
Date prepared: February 5, 2025 Meeting date: March 10, 2025 Subject: Amendment No. 1 to the Charmlee Wilderness Park Lease Agreement with California Department State Parks
RECOMMENDED ACTION: Authorize the City Manager to execute a Joint Powers Agreement and Amendment No. 1 to the Lease Agreement with the California Department of State Parks for law enforcement at Charmlee Wilderness Park.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
Charmlee Wilderness Park is owned by the City and includes a residential trailer that is fenced off from the rest of the park. The Lease Agreement and Joint Powers Agreement (Joint Powers Agreement) with the California Department of State Parks (State Parks) for law enforcement at Charmlee Wilderness Park provides State Parks to use the trailer and the surrounding area for employee housing in exchange for State Parks employees to lock and unlock the park gate, provide after-hours and/or emergency on-call services, conduct daily inspections and report abnormal circumstances to the City.
STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2024-25 Strategic Priority Project List.
DISCUSSION: In 1998, the City acquired Charmlee Wilderness Park (Park) from the County of Los Angeles. The Park consists of over 532 acres within the Santa Monica Mountains Coastal Slope Environment in Encinal Canyon. Approximately 410 acres of the Park are within the incorporated City boundaries. The Park has over six miles of hiking trails, picnic areas, native plants, a nature center (currently closed), and a residential trailer.
In May 2014, the City and the Santa Monica Mountains Conservancy (SMMC) entered into five-year reciprocal leases to exchange possession between the agencies of City Council Meeting
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Agenda Item # 1.B.6.
Charmlee Wilderness Park and the Malibu Bluffs Parkland. On April 9, 2019, the Council decided not to proceed with the exchange of ownership of Charmlee Wilderness Park and Malibu Bluffs Parkland and to allow the existing leases of the properties to expire. On June 29, 2019, the City resumed control of the Park.
Prior to the reciprocal lease, a City employee in the Community Services Department lived in the trailer on the park property to provide an onsite presence, monitor the premises, and open and close the park gate along with their other job duties. While the lease with SMMC was in effect, SMMC had a park ranger living in the trailer. The three-bedroom trailer is approximately 1,248 square feet and is surrounded by a fence with space for two parked cars.
In 2022, the City entered into an Agreement with State Parks for a State Ranger to live at the Park, provide an onsite presence, and perform certain duties. The City entered into a Lease Agreement and Joint Powers Agreement to facilitate collaboration between the agencies to help ensure quality recreational opportunities for the public good. In exchange for the use of the trailer, State Parks employees provide a law enforcement presence in the Park, which includes but is not limited to providing after-hours and/or emergency oncall services, opening and closing the Park gate, conducting daily inspections, and reporting any damage, suspicious activity, hazardous or dangerous conditions, and/or other abnormal circumstances.
Since the initiation of the Agreement, the City has benefitted from the presence of a State Ranger at the Park. The Ranger responds immediately to issues or concerns and has assisted the City with rule enforcement. The Agreement Amendment (Attachment 1) extends the term 36 months through March 1, 2028. The City may terminate the lease before then with or without cause upon giving State Parks at least sixty (60) days written notice.
ATTACHMENTS:
1. Amendment No. 1 to Lease Agreement with California Department of State Parks
2. Joint Powers Agreement Between California State Parks and Recreation and the City of Malibu for Law Enforcement at Charmlee Wilderness Park.
AMENDMENT NO. 1 TO LEASE AGREEMENT
THIS AMENDMENT NO. 1 TO THE LEASE AGREEMENT is made and entered in the City of Malibu on February 24, 2025, by and between the CITY OF MALIBU, hereinafter referred to as CITY, and STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION, hereinafter referred to as STATE.
The CITY and the STATE agree as follows:
R E C I T A L S
A. On September 19, 2022, the CITY entered into a Lease Agreement with the STATE to allow for the use of the Charmlee Wilderness Park residence for housing of a state employee, and the Lease Agreement expires March 1, 2025.
B. On September 19, 2022, the CITY entered into a Joint Powers Agreement with STATE for STATE to provide law enforcement and patrol services and respond to calls with respect to Charmlee Wilderness Park. The Joint Powers Agreement runs concurrently with the Lease Agreement.
C. The CITY desires to amend the Lease Agreement and extend the term for thirty-six (36) months to March 1, 2028 ). The CITY and STATE will enter into a new Joint Powers Agreement that will run concurrently with the Amendment No. 1.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
1. Section 3 of the Lease Agreement is replaced in its entirety with the following: Term of Lease Agreement, of the Agreement, is hereby extended thirty-six (36) months to March 1, 2028 or until revoked by Lessor pursuant to Section 4.
2. All terms and conditions of the Lease Agreement not amended by this Amendment No. 1 remain in full force and effect.
3. The Parties agree that this Amendment No. 1 will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail or electronically signed via DocuSign. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.
This Amendment No. 1 is executed on ______________________, at Malibu, California, and effective as of March 2, 2025.
SIGNATURE PAGE TO FOLLOW
Amendment No. 1 to Lease Agreement
State of California, Department of Parks and Recreation
CITY OF MALIBU: ____________________________________ JOSEPH D. TONEY, Acting City Manager ATTEST: ____________________________________ KELSEY PETTIJOHN, City Clerk (seal) LESSEE:
STATE OF CALIFORNIA, DEPARTMENT OF
APPROVED AS TO FORM: PARKS AND RECREATION _____________________________________ ____________________________________ TREVOR RUSIN, Interim City Attorney By: JASON DE WALL Title: Division Chief
JOINT POWERS AGREEMENT
Between
CALIFORNIA DEPARTMENT OF PARKS AND RECREATION
And
City of Malibu
For
Law Enforcement At Charmlee Wilderness Park
STATE OF CALIFORNIA RESOURCES AGENCY
DEPARTMENT OF PARKS AND RECREATION
PARTNERSHIPS OFFICE
715 P STREET, 13TH FLOOR
SACRAMENTO, CA 95814
Law Enforcement at Charmlee Wilderness Park Joint Powers Agreement P24OT008 i
JOINT POWERS AGREEMENT
for
City of Malibu
INDEX
1. PREMISES ............................................................................................ 4
2. TERM ..................................................................................................... 4
3. LAW ENFORCEMENT AND PATROL OF PREMISES ......................... 4
4. CONSIDERATION ................................................................................. 5
5. HOLD HARMLESS AGREEMENT ......................................................... 5
6. PROHIBITIONS AGAINST ASSIGNING, SUBLETTING ....................... 6
7. NOTICES ............................................................................................... 6
8. DEFAULTS AND REMEDIES ................................................................ 7
9. TERMINATION ...................................................................................... 7
10. SURRENDER OF THE PREMISES; HOLDING OVER ......................... 8
11. NONDISCRIMINATION ......................................................................... 8
12. CHILD SUPPORT COMPLIANCE ACT ................................................. 8
13. DISPUTES ............................................................................................. 8
14. LIMITATION ........................................................................................... 8
15. SECTION TITLES .................................................................................. 8
16. AGREEMENT IN COUNTERPARTS ..................................................... 9
17. AGREEMENT IN WRITING ................................................................... 9
18. SUCCESSORS IN INTEREST ............................................................... 9
19. PARTIAL INVALIDITY ........................................................................... 9
20. TIME OF ESSENCE .............................................................................. 9
21. WAIVER OF RIGHTS, CLAIMS, AND AGREEMENT TERMS .............. 9
22. INTERPRETATION OF AGREEMENT ................................................ 10
23. GENERATIVE ARTIFICIAL INTELLIGENCE ....................................... 10
24. INDEPENDENT CONTRACTOR ......................................................... 10
25. MODIFICATIONS AND APPROVAL OF AGREEMENT ...................... 10
26. NO THIRD PARTY BENEFICIARIES .................................................. 11
27. MUTUAL DRAFTING ........................................................................... 11 Law Enforcement at Charmlee Wilderness Park Joint Powers Agreement P24OT008 ii
28. PRIVILEGES AND IMMUNITIES ......................................................... 11 EXHIBIT A Premises
EXHIBIT B Amendment No.1 to Lease Agreement
EXHIBIT B-1 Lease Agreement
EXHIBIT B-2 Leased Premises
Law Enforcement at Charmlee Wilderness Park Joint Powers Agreement P24OT008 3 JOINT POWERS AGREEMENT
with
City of Malibu
THIS JOINT POWERS AGREEMENT ( Agreement ), by and between STATE OF CALIFORNIA, acting through the Department of Parks and Recreation, hereinafter referred to as STATE and the City of Malibu, hereinafter referred to as CITY RECITALS:
Whereas, pursuant to the provisions of Section 5003, of the California Public Resources Code, State is authorized to administer, protect, develop, and interpret the property under its jurisdiction for the use and enjoyment of the public; and
Whereas, CITY owns and controls Charmlee Wilderness Park, located in the County of Los Angeles; and
Whereas, State has leased or is intending to lease from CITY, for the purpose of ensuring stable presence within Charmlee Wilderness Park, certain real property including one trailer and the surrounding area located within Charmlee Wilderness Park; and Whereas, the State recognizes the importance and value of collaborating with the CITY to help ensure park and recreation assets adjacent to state parks remain in good and safe condition; and Whereas, STATE and CITY intend to enter into a thirty-six (36) month lease agreement after the execution of this Agreement, to provide for the STATE ; and Whereas, STATE and CITY desire to enter into a direct contractual relationship to jointly exercise any power common to the contracting parties to provide for a law enforcement presence to help ensure quality recreational opportunities for the public good; and Law Enforcement at Charmlee Wilderness Park Joint Powers Agreement P24OT008 4 Whereas, the STATE and CITY execute and enter into this Agreement pursuant to the authority set forth in the Joint Exercise of Powers Act (Section 6500 et seq. of the California Government Code) to enter into this agreement.
NOW, THEREFORE, in consideration of the foregoing recitals, which are hereby deemed a contractual part hereof, the mutual covenants hereinafter contained, and for other valuable consideration, the sufficiency of which is acknowledged, the parties hereto agree as follows:
1. PREMISES
A. CITY hereby grants STATE a right of entry to the Premises known as Charmlee Wilderness Park, set forth as Exhibit A, attached to and made part of this Agreement and to allow STATE to implement the provisions of this Agreement.
B. With the exception of the Leased Premises set forth in Section 4 of this Agreement, CITY will continue to own, manage and operate the Premises in all other respects. CITY shall not be obligated to make any alterations, additions, or improvements to the Premises except as otherwise expressly provided for in this Agreement, nor does this Agreement allow the STATE to add any improvements to the Property.
2. TERM
The term of this Agreement shall be thirty-six (36) months and shall run concurrent with the term of the Amendment No.1 to Lease Agreement between the STATE and CITY, as set forth in Exhibit B, and shall commence on the first of the month following approval by the California Department of General Services. The term shall not exceed the term of the Lease between the STATE and CITY. 3. LAW ENFORCEMENT AND PATROL OF PREMISES A. STATE shall provide a law enforcement presence on the Premises which includes the following:
1) Provide after-hours and/or emergency call out services, within the Premises. 2) Open the Premises gates at 8:00 AM and close and lock the gates at sundown. 3) Conduct daily pass-through examinations of the Premises and report any damage, suspicious activity, hazardous or dangerous conditions, and/or other abnormal circumstances to CITY. STATE shall report any relevant activities Law Enforcement at Charmlee Wilderness Park Joint Powers Agreement P24OT008 5 and/or conditions within the Park to Kristin Riesgo at (310)-456-2489 ext. 350 or at [email protected]. B. CITY shall retain primary responsibility for law enforcement within the Premises.
4. CONSIDERATION
A. In consideration of the services to be performed by STATE, the PARTIES shall execute Exhibit B, the Draft Amendment No.1 to Lease Agreement, and shall be bound by the terms and conditions set forth therein and in the Lease Agreement, Exhibit B-1.
B. Consistent with the terms of the Lease Agreement, STATE is authorized to enter into a sub-lease with its employee(s) for the Leased Premises to fulfill its obligations consistent with this Agreement. For the purposes of this Agreement, the Leased Premises refers to the Trailer and surrounding area depicted in Exhibit B-2, which sits on a portion of the Premises. STATE acknowledges and agrees that CITY shall not in any
applicable Employee Rental Agreement for STATE Park Housing and that any duties owed to the tenant/employee thereunder shall be the sole responsibility of the STATE per Exhibit B-1.
5. HOLD HARMLESS AGREEMENT
A. Indemnification of CITY Except to the extent arising out of the negligence or intentional misconduct of CITY, STATE shall be responsible for, and CITY shall not be answerable or accountable in any manner for any loss or expense by reason of any damage or injury to person or property, or both, arising out of or related to activities carried out by STATE, its agents, officers, and/or employees, under this Agreement. STATE shall protect, hold harmless, indemnify and defend CITY its agents, officers, and/or employees against any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, association, entity, corporation, political subdivision, or other organization or person arising out of or activities hereunder, but excluding such actions, claims, damages to persons or property, penalties, obligations or liabilities arising from the negligence or willful misconduct of CITY and in connection therewith:
1) Actions Filed: STATE shall defend, with any attorney of its choosing, any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities, and will pay all costs and expenses, incl s fees incurred in connection therewith; and
Law Enforcement at Charmlee Wilderness Park Joint Powers Agreement P24OT008 6 2) Judgements Rendered: STATE shall promptly pay, in accordance with the laws and regulations governing payment of judgments and/or claims, any judgment rendered against STATE or CITY covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such use of and operations on the property referred to herein and agrees to save and hold CITY harmless therefrom; and
3) Costs and Expenses; Attorney s Fees: In the event CITY is made a party to any action or proceeding filed in connection with said claims, damages, penalties, obligations or liabilities or prosecuted against STATE for such damages or other claims arising out of or related to activities carried out by STATE under this Agreement, STATE agrees to pay CITY any and all costs and expenses incurred by them in such action or proceeding together with reasonable attorney s fees.
6. PROHIBITIONS AGAINST ASSIGNING, SUBLETTING
Except as provided herein, this Agreement and/or any interest therein or thereunder shall not be assigned, delegated, mortgaged, hypothecated, or transferred by either Party without obtaining the prior written consent of the other.
7. NOTICES
Any notice and/or report required to be given or that may be given by either party to the other shall be deemed to have been fully given when made in writing and deposited in the United States Postal Service, postage prepaid, and addressed as follows:
STATE: Department of Parks and Recreation Angeles District 1925 Las Virgenes Road
Calabasas, CA 91302
Attention: District Superintendent
CITY: City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265
Attention: Community Services Department - Kristin Riesgo Copy to: Department of Parks and Recreation
Partnerships Office
P.O. Box 942896
Law Enforcement at Charmlee Wilderness Park Joint Powers Agreement P24OT008 7 Sacramento, California 94296-0001
Phone/916-653-7733
E-Mail/[email protected]
Department of Parks and Recreation
Business Management Services (Unit 074)
P.O. Box 942896
Sacramento, California 94296-0001
Attention: Leasing Coordinator
E-Mail/ [email protected]
8. DEFAULTS AND REMEDIES
A. Any failure of a Party to comply with the terms and conditions of this Agreement, if not cured within 30 days after receiving written notice from the other Party that a cure is necessary, shall constitute default and breach of this Agreement, provided, however, if the nature of the failure to comply with this Agreement is such that it cannot be reasonably cured within the thirty (30) day period, the offending party shall not be deemed to be in default if an effective cure is commenced within the thirty (30) day period and thereafter diligently prosecuted to completion.
B. In the event of default or breach of this Agreement by STATE, which remains uncured within the applicable cure period, CITY shall have the right to terminate this Agreement by providing written notice to STATE or, at its option, keep this Agreement in effect and initiate an action to recover all damages flowing from such breach.
9. TERMINATION
A. Notwithstanding the provisions of Section 8, DEFAULTS AND REMEDIES, either party may terminate this Agreement at any time during the term hereof for any reason. The party who wishes to terminate the Agreement shall give written notice of its intention no later than sixty days (60) before the scheduled termination date. Such notice shall be given in writing and shall be effective on the date given in the notice as the scheduled date for the termination of the Agreement.
B. This Agreement shall automatically terminate upon expiration or earlier termination of the Lease.
Law Enforcement at Charmlee Wilderness Park Joint Powers Agreement P24OT008 8 10. SURRENDER OF THE PREMISES; HOLDING OVER
On expiration or within thirty (30) days after termination of this Agreement, STATE shall vacate the Premises and cease its duties set forth in Section 3, LAW ENFORCEMENT AND PATROL OF PREMISES. STATE shall remove all of its personal property within the above stated time unless otherwise agreed by the parties in writing.
11. NONDISCRIMINATION
In the employment of any individual for purposes of carrying out this Agreement, the Parties shall comply with all applicable nondiscrimination laws as well as their own nondiscrimination ordinances, policies or regulations.
12. CHILD SUPPORT COMPLIANCE ACT
A. CITY recognizes the importance of child and family support related enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as obligations and shall fully comply with all applicable State and federal laws provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code.
B. To the best of its knowledge, CITY is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
13. DISPUTES
The Parties shall continue with any and all responsibilities under this Agreement during any dispute. In the event of any dispute related to this Agreement, the parties agree that they will promptly meet and confer and make all reasonable efforts towards resolving such dispute.
14. LIMITATION
This Agreement is subject to all valid and existing contracts, leases, licenses, encumbrances, and claims of title that may affect the Premises.
15. SECTION TITLES
The section titles in this Agreement are inserted only as a matter of convenience and reference and in no way define, limit, or describe the scope or intent of this Agreement or in any way affect this Agreement.
Law Enforcement at Charmlee Wilderness Park Joint Powers Agreement P24OT008 9 16. AGREEMENT IN COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed an original.
17. AGREEMENT IN WRITING
This Agreement contains and embraces the entire Agreement between the parties hereto with respect to the subject matter hereof and neither it nor any part of it may be changed, altered, modified, limited, or extended orally or by any agreement between the parties unless such agreement be expressed in writing, signed, and acknowledged by the STATE and CITY or their successors in interest.
18. SUCCESSORS IN INTEREST
Unless otherwise provided in this Agreement, the terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of all the parties hereto, all of whom shall be jointly and severally liable hereunder.
19. PARTIAL INVALIDITY
If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby.
20. TIME OF ESSENCE
Time shall be of the essence in the performance of this Agreement.
21. WAIVER OF RIGHTS, CLAIMS, AND AGREEMENT TERMS
Unless otherwise provided by this Agreement, no waiver by either party at any time of any of the terms, conditions, or covenants of this Agreement shall be deemed as a waiver at any time thereafter of the same or of any other term, condition, or covenant herein contained, nor of the strict and prompt performance thereof. No delay, failure, or omission of any Party to exercise any right, power, or privilege, or option arising from any breach shall impair any such right, power, privilege, or option, or be construed as a waiver of such breach or relinquishment of any right or acquiescence therein. No option, right, power, remedy, or privilege of either party shall be construed as being Law Enforcement at Charmlee Wilderness Park Joint Powers Agreement P24OT008 10 exhausted by the exercise thereof in one or more instances. The rights, powers, options, and remedies given to either party by this Agreement shall be deemed cumulative.
22. INTERPRETATION OF AGREEMENT
This Agreement is made under and is subject to the internal laws of the State of California in all respects as to interpretation, construction, operation, effect, and performance. In the event of a conflict between this Agreement and that certain Lease Agreement between CITY and STATE of even date herewith, the terms of the Lease Agreement shall control.
23. GENERATIVE ARTIFICIAL INTELLIGENCE
During the term of the contract, CITY must notify STATE in writing if their services or any work under this contract includes, or makes available, any previously unreported GenAI technology, including GenAI from third parties or subcontractors. CITY shall immediately complete the GenAI Reporting and Factsheet (STD 1000, EXHIBIT C) to notify STATE of any new or previously unreported GenAI technology. At the direction of STATE, CITY shall discontinue the use of any new or previously undisclosed GenAI technology that materially impacts functionality, risk or contract performance, until use of such GenAI technology has been approved by STATE. Failure to disclose GenAI use to STATE and submit the GenAI Reporting and Factsheet (STD 1000) may be considered a breach of the contract by STATE at its sole discretion and STATE may consider such failure to disclose GenAI and/or failure to submit the GenAI Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the contract. STATE is entitled to seek any and all relief to which it may be entitled to as a result of such non-disclosure. STATE reserves the right to amend the contract, without additional cost, to incorporate GenAI Special Provisions into the contract at its sole discretion and/or terminate any contract that presents an unacceptable level of risk to STATE.
24. INDEPENDENT CONTRACTOR
In the performance of this Agreement, STATE and the agents and employees of STATE shall act in an independent capacity and not as officers or employees or agents of the CITY.
25. MODIFICATIONS AND APPROVAL OF AGREEMENT
Notwithstanding any of the provisions of this Agreement, the parties may hereafter, by mutual consent expressed in writing, agree to modifications thereof, additions thereto, or terminations Law Enforcement at Charmlee Wilderness Park Joint Powers Agreement P24OT008 11 thereof, which are not forbidden by law. This Agreement, amendments, modifications, or termination thereof shall not be effective until approved by STATE's relevant control agencies.
26. NO THIRD PARTY BENEFICIARIES
This Agreement is not intended to and does not create any third-party rights and in no event shall be relied on by any party other than CITY and STATE.
27. MUTUAL DRAFTING
This AGREEMENT shall be deemed to have been drafted by both PARTIES, with each having equal say and status. ln no event shall any term be interpreted more favorably as to one PARTY or the other.
28. PRIVILEGES AND IMMUNITIES
Notwithstanding anything to the contrary in this Agreement, neither party waives any of the privileges and immunities from liability, exemptions from laws, ordinances, and rules, or any pension, relief, disability, worker's compensation, and/or other benefits which apply to the activity of officers, agents, or employees of either party.
Law Enforcement at Charmlee Wilderness Park Joint Powers Agreement P24OT008 12 IN WITNESS WHEREOF, the Parties have executed this Agreement and shall be effective once approved by State and control agencies as applicable.
City of Malibu APPROVED AS TO FORM
By: __________________________ By: ___________________________ City Mayor City Counsel
Date: _________________________ Date: _________________________
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
By: ___________________________
Armando Quintero, Director
Date: __________________________
Law Enforcement at Charmlee Wilderness Park Joint Powers Agreement P24OT008 13 EXHIBIT A
PREMISES LEGAL DESCRIPTION of CHARMLEE WILDERNESS PARK
(City of Malibu)
APN 4472-028-902
2577 Encinal Canyon Road, Malibu, California 90265-2411 Legal Description
Charmlee Ranch Regional Park
That portion of Section 21, Township I South, Range 19 West, S.B.M., that portion Of Fractional Section 28, said township and range, and that portion of the Rancho Topanga Malibu Sequit, as shown on map recorded in Book 1, pages 414,415 and 416, of Patents, in the office of the Recorder of the County of Los Angeles within the following described boundaries:
Beginning at the northeasterly corner of 173.99 acre parcel offend described indeed to Donald Ballard et ux, recorded on May 17, 1941, in Book 18403~ page 131, of Official Records, in the office of said Recorder; thence westerly along the northerly line of said parcel of land a distance of 2523.39 feet to the easterly boundary of the 408.3 acre parcel of land described in deed to Oscar Anderson, recorded on February 27, 1941, in Book 18061, page 313, of said Official Records; thence northerly along said easterly boundary 60.00 feet to the northerly line of said last mentioned parcel of land thence westerly along said last mentioned northerly line to the easterly terminus of that certain course of 60 feet In the northerly boundary of that certain parcel of land described in deed to S KY co., recorded as Document No. 1972, on December 1, 1981, In Book 1)1437, page 205, of said Official Records; thence southerly, easterly and southeasterly along the easterly, northerly and northeasterly boundaries of said certain parcel of land to the northerly line of Parcel 32, as shown on map flied in Book 76, pages 57, 58 arid 59, of Record of Surveys, in the office of said Recorder thence westerly and southwesterly along the northerly and northwesterly lines of said last mentioned parcel to the most northerly corner of Parcel 33, as shown on said last mentioned map; thence southwesterly and northwesterly along the northwesterly and northeasterly boundaries of said last mentioned parcel to the most northerly corner of Parcel 39, as shown on said last mentioned map; thence southwesterly along the northwesterly line of said last mentioned parcel to the most westerly corner thereof; thence southeasterly along the southwesterly lines of Parcels 39,38 and37, as shown on said last mentioned map, to the northwesterly boundary of Encinal Canyon Road, as shown on said last mentioned map; thence southwesterly and southerly along said Encinal Canyon Road to the southeasterly terminus of that certain course of
that certain parcel of land described as Parcel 2 In deed to The National Go To Church Law Enforcement at Charmlee Wilderness Park Joint Powers Agreement P24OT008 14 Campaign, Inc., recorded as Document No.1368, January 31, 1966, In Book D3192, page 297,of said Official Records; thence northerly along said general easterly boundary to the most southerly southeasterly corner of that certain parcel of land described as Parcel 3 in said last mentioned deed; thence northeasterly, northerly and easterly along the. southeasterly, easterly and southerly boundaries of said last mentioned certain parcel Of land and Mowing the Same in all its various courses to said easterly boundary of the 408.3 acre parcel of land described in deed to Oscar Anderson thence northerly along said last mentioned easterly boundary to the northerly line of said rancho; thence easterly along said last mentioned northerly line to the westerly line of Lot 2, said fractional section; thence northerly along said last mentioned westerly line to the southwesterly corner of said Section 21; thence northerly in a direct line to a point in the northerly line of the southwest quarter of the southwest quarter of said last mentioned section distant easterly thereon 50.00 feet from the northwesterly corner of said first mentioned Southwest quarter: thence easterly along said last mentioned northerly line to the northeasterly corner of said first mentioned southwest quarter; thence southerly along the easterly tine of said first mentioned southwest quarter to the northerly line of the south half of said first mentioned southwest quarter thence easterly along said last mentioned northerly line and its easterly prolongation to the center line of that certain 60 foot strip of land described In deed to County of Los Angeles, for Encinal Canyon Road, recorded as Document No. 1786, on January 24, 1952 in Book 38112, page 120, of said Official Records; thence southerly, southeasterly and easterly along said center line to a line parallel with and 165 feet easterly, measured at right angles, from the westerly line of the northwest quarter of the northeast quarter of said fractional section; thence southerly along said parallel line to said northerly line of said rancho; thence westerly along said lest mentioned northerly line to the westerly line of the193.42 acre parcel of land described in dead to Floyd B. Mullendore, recorded on May 15,1841, in Book 18417, page 181, of said Official Records; thence southerly along last mentioned westerly line to the point of beginning.
Law Enforcement at Charmlee Wilderness Park Joint Powers Agreement P24OT008 15 EXHIBIT B
Lease Amendment #1
AMENDMENT NO. 1 TO LEASE AGREEMENT
THIS AMENDMENT NO. 1 TO THE LEASE AGREEMENT is made and entered in the City of Malibu on February 24, 2025, by and between the CITY OF MALIBU, hereinafter referred to as CITY, and STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION, hereinafter referred to as STATE.
The CITY and the STATE agree as follows:
R E C I T A L S
A. On September 19, 2022, the CITY entered into a Lease Agreement with the STATE to allow for the use of the Charmlee Wilderness Park residence for housing of a state employee, and the Lease Agreement expires March 1, 2025.
B. On September 19, 2022, the CITY entered into a Joint Powers Agreement with STATE for STATE to provide law enforcement and patrol services and respond to calls with respect to Charmlee Wilderness Park. The Joint Powers Agreement runs concurrently with the Lease Agreement.
C. The CITY desires to amend the Lease Agreement and extend the term for thirty-six (36) months to March 1, 2028 The CITY and STATE will enter into a new Joint Powers Agreement that will run concurrently with the Amendment No. 1.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
1. Section 3 of the Lease Agreement is replaced in its entirety with the following: Term of Lease Agreement, of the Agreement, is hereby extended thirty-six (36) months to March 1, 2028 or until revoked by Lessor pursuant to Section 4.
2. All terms and conditions of the Lease Agreement not amended by this Amendment No. 1 remain in full force and effect.
3. The Parties agree that this Amendment No. 1 will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail or electronically signed via DocuSign. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.
Law Enforcement at Charmlee Wilderness Park Joint Powers Agreement P24OT008 16 This Amendment No. 1 is executed on ______________________, at Malibu, California, and effective as of March 2, 2025.
SIGNATURE PAGE TO FOLLOW
LESSOR:
CITY OF MALIBU: ____________________________________ JOSEPH D. TONEY, Acting City Manager ATTEST: ____________________________________ KELSEY PETTIJOHN, City Clerk (seal) LESSEE:
STATE OF CALIFORNIA, DEPARTMENT OF
APPROVED AS TO FORM: PARKS AND RECREATION _____________________________________ ____________________________________ TREVOR RUSIN, Interim City Attorney By: JASON DE WALL Title: Division Chief
Law Enforcement at Charmlee Wilderness Park Joint Powers Agreement P24OT008 17 EXHIBIT B-1
Lease Agreement
Please see attached
Law Enforcement at Charmlee Wilderness Park Joint Powers Agreement P24OT008 18 EXHIBIT B-2
Leased Premises
Agenda Item # 1.B.7.
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Kristin Riesgo, Community Services Director Approved by: Joseph D. Toney, Acting City Manager
Date prepared: February 25, 2025 Meeting date: March 10, 2025 Subject: Naming Rights for Public Facilities
RECOMMENDED ACTION: Approve City Council Policy #52 Naming Rights for Public Facilities.
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 Fiscal Year 2024-25 Strategic Priority Project List.
DISCUSSION: On June 24, 2024, Council requested staff to prepare a Policy for Naming Rights for Public Facilities (Policy) that could potentially be used as a consideration for funding the Permanent Skatepark.
At the Regular meeting on February 24, 2025, Council reviewed the draft Policy and made no changes. The Policy establishes guidelines and procedures for naming cityowned facilities, including parks, buildings, playing fields, and other amenities. The goal is to create a transparent and consistent process that aligns with the community's values and priorities.
Staff recommends Council approve Policy #52 (attachment) to establish naming rights for public facilities.
ATTACHMENTS: City Council Policy #52 Naming Rights for Public Facilities City Council Meeting
03-10-25
Item
1.B.7.
City of Malibu
Recycled Paper
City Council Policy
Policy #52
__________________________________________________________________ Title: Naming Rights for Public Facilities
Purpose: The Naming Rights for Public Facilities City Council Policy establishes a clear and consistent framework for granting naming rights for public facilities. It ensures that naming rights are awarded in a manner that reflects the community's values and goals while providing opportunities for organizations, individuals, and entities to support public projects.
Policy Statement: The City of Malibu (“City”) is interested in the potential naming rights of a park or a City building to offer an opportunity for financial or community contributions. The City feels that the naming of parks and City facilities should be a thoughtful process. Selecting a proper name for a park or facility should be purposeful and systematic. The following procedures are adopted to give City Council a uniform policy for developing meaningful names for City properties. Each request will be considered on a case-by-case basis.
Implementation:
City Council shall determine the naming, renaming, or dedication of City assets and the necessary contributions. Financial contributions associated with naming rights or dedications shall be made by City Council until a naming agreement has been reached and/or when the expense has been incurred.
Endowment funds will be appropriated annually for maintenance and/or program support.
1. Determination of Current Value: The current value of buildings and other major facilities and donated real property shall be determined by an independent appraisal. In all other circumstances where the current value must be determined under this policy, the City shall make the determination.
2. Duration of a Naming/Permanency of a Naming: Naming rights are typically granted for a fixed term of 5 to 20 years, depending on the financial contribution and other factors. Should an existing facility be demolished, repurposed, or replaced by a new facility, the preexisting name may be, but does not have to be, transferred to the new facility. Transferring the said name will require the same approvals as the original naming.
3. Naming Format: The name may include the contributor’s name, a corporate name, or a memorial designation, but it must be associated with the public facility.
4. Visibility: The name will be displayed at the facility in a manner consistent with the facility’s design and branding.
Policy #52
__________________________________________________________________ 2 5. Ethics and Morals Provisions: Any legal impropriety or act which brings dishonor or disrepute to the City or community at large on the part of the donor, the individual bestowed in the honorific naming, or corporate donor, shall make the gift and naming subject to reconsideration and potential reversal by City Council. All donations to the City pursuant to this Naming Rights for Public Facilities policy are nonrefundable at the time of donation. The City Council has the discretion to consider a refund request. The City Council shall consider the severity of the legal impropriety or act in question and the age of such impropriety or act in determining if any portion of the donated funds should be returned to the donor.
6. Guiding Policies and Laws: All naming must comply with the requirements of the City of Malibu and Naming Rights Policy and be consonant with all other applicable City policies and State of California laws.
7. Approval of Changes: Any changes to the approved name or related signage must be submitted for review and approval.
Naming Recreational Facilities
Parks will not be subdivided for naming unless there are readily identifiable physical divisions, such as roads, waterways, or defined boundaries. However, the naming of specific major recreational facilities within parks will be permitted. Under these circumstances, such names should differ from the park name to avoid confusion.
The City Council shall determine all parks and recreational facilities eligible for naming rights. Naming opportunities shall extend to tangible and intangible assets, including but not limited to Parks, Playfields (Soccer, Baseball, Softball, other), Courts (Tennis, Basketball, Pickleball, Other), Swimming Pools or Swim Facilities, Dog Parks, Playgrounds, Picnic Areas, Outdoor Shelters, Gardens, Skateparks, and Park Buildings. Named Scholarships or Program Endowments, Endowed Event, Endowed Program, or Endowed Scholarship.
Procedure for Naming by a Major Donor:
The park or facility naming procedure is intended to review the long-term implications of naming a park or facility. The following procedure will be followed in the naming of parks or facilities following a request from a Major Donor:
1. Staff will collaborate with the donor to prepare a list of potential names and the rationale for the name based on input from an appropriate source. This may include a specific request from an organization or individual and their rationale.
The list will be filtered based on criteria contained within this policy.
2. The Parks and Recreation Commission (Commission) will review the list of potential names and discuss each name and its relative merits. Based on various factors, such as historical or environmental context, relevance, etc., names may be added or eliminated.
Policy #52
__________________________________________________________________ 3 3. Staff or the requestor will provide additional information related to the naming to the Commission. The Commission shall recommend three or fewer names for City Council consideration.
4. City Council will make the final determination on the name. If the Council does not approve the name, it will provide directions to staff or the Commission, and the process will begin again. The City Council may also choose to deny any potential names and donations.
Park/Facility Naming Criteria:
When undertaking the process described above, criteria should be used to generate a list of potential park or facility names.
1. The name of the neighborhood in which the park or facility is located.
2. The school’s name, if adjacent to or closely identified with the park.
3. The name of a local interest point or topographical feature near the park or facility, including a stream, vegetation, or ecology of the area.
4. The name of an event or historical occurrence associated with the adjacent area.
5. A creative name based on impressions of the site.
6. The name of which most of the neighborhood and/or area residents refer to the park.
7. The name of a person who dedicates a significant part or all the land for the park or the building of the facility.
8. The name of a person of significant stature within the community.
9. The name of an organization or group of citizens that has contributed to the development of the park or facility.
Threshold
Below are guidelines meant to be a starting point in the negotiations with the contributor.
1. A minimum financial contribution threshold will be established, subject to periodic review. This threshold will reflect the size and importance of the facility.
2. Contribute all the land, facilities, or equipment.
3. Contribute to the costs of construction for the park or building to be named. Council may also identify naming opportunities with minimum contribution amounts for a project(s) that differ from those listed.
a. For assets with costs of $2,000,000 or less, a contribution of 100% is requested Policy #52
__________________________________________________________________ 4 b. For assets with costs of $2,000,001-$4,999,999, a contribution of 50% is requested c. For assets with costs of $5,000,000 or more, a contribution of 25% is requested
4. A contribution by a donor to allow for a significant cost reduction in upgrading/expanding an existing facility within a park.
5. Provide endowment for long-term repair and maintenance of the park or property.
6. Provide a significant contribution to the costs of programming that will support the mission of the City.
Terms/Expiration of Naming Rights
The duration of the naming rights will be evaluated individually. In all scenarios, a term expiration will be established.
1. Naming rights are granted for a term specified in the agreement, generally between 5 and 20 years.
2. During the naming agreement, the contributor will be responsible for changes, including all costs, made to their logo that would require changes to the signs on the asset. Change requests are at the discretion of the City, which will not be unreasonably withheld.
3. Where a facility, building, landscape area, program, or other related Park and Recreation asset is named for a corporate entity, the name used should normally be the shortest name possible.
4. Where the naming rights purchased are for a corporate entity or business, the naming rights shall be limited to not longer than the life of the corporate entity.
5. If a naming right opportunity includes signage, a detailed proposal of the signage, including design, layout, verbiage, font, and cost, must be provided in writing for review and approval by the City and Planning Department. All signs must adhere to the Malibu Municipal Code (Chapter 17.52).
6. Benefits that may violate other park policies, city policies, or ordinances will not be included in any agreement.
7. The agreement may include an option for renewal based on performance and continued alignment with community values.
8. At the end of the term, naming rights revert to the public entity unless renewed. Renewal is at the discretion of the City.
Renaming of Parks or Facilities:
Renaming parks or facilities should be done only after careful consideration. The request to rename an existing park or facility may originate from various sources (e.g., the nearby neighborhood, subdivision Policy #52
__________________________________________________________________ 5 developer, Commission, or City Council). The process for renaming the park would be the same as for a new park, with the following two preliminary steps.
1. Upon receipt of a written request for a name change, staff will research information concerning the current name of the park or facility. The research would include the reason or circumstance for the initial naming of the park or facility and any overriding commitment to the current name.
2. The Commission would review the reasons to retain the current name or options to change it and provide a recommendation to City Council. City Council will approve or deny the renaming request or refer it back to staff for further review.
City Council may consider renaming a park or facility if one or more of the following criteria are met:
1. The primary park users have submitted a petition for a name change that deserves consideration through the normal naming process (described above).
2. An individual or organization contributes a significant portion of the costs for acquiring/developing/renovating a park or facility or adds significant land.
3. Provision of an endowment for the continued maintenance and/or programming of the park or recreational facility.
General Standards
The following criteria must be met, including but not limited to any corporate entity or business or corporation, individual or family naming, or presentation sponsorships:
1. Naming rights must be consistent with the overall branding and naming conventions of public facilities.
2. The naming decision should consider the broader public interest and not be solely based on private interests.
3. The process for granting naming rights will be transparent, with clear documentation and public availability of the decision-making process.
4. Does not discriminate against any person, employee, member, or volunteer based on race, color, creed, religion, gender, sexual orientation, age, marital status, ancestry, national origin, or physical or mental disability, in compliance with all federal, state, and local laws and statutes; and
5. The name does not have connotations that are derogatory or offensive by contemporary community standards.
6. Does not promote environmental, work, or other practices that, if they took place in the park, would violate U.S. or state law (i.e., dumping hazardous waste, exploitation of child labor, etc.).
Policy #52
__________________________________________________________________ 6 7. Does not promote drugs, alcohol, tobacco, gambling, or adult entertainment.
8. Does not constitute violations of law.
9. Does not participate in unethical business practices as determined by a court of law.
10. Does not exploit participants or City employees.
11. Does not include religious references or political statements.
12. Does not endorse products or services that do not comply with City policies and procedures, City, State, or federal regulations, ordinances, codes, or statutes.
13. Does not appear to be in direct competition with City services.
14. Does not endorse products or services that conflict with the City’s mission or vision statements.
15. The City reserves the right to terminate any naming rights agreements not in accordance with City Council Policies.
Approval and Revision
This policy will be reviewed periodically and revised based on changes in community values, financial conditions, or legal requirements. Revisions must be approved by the City Council.
Date Adopted: March 10, 2025
Agenda Item # 1.B.8.
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Kristin Riesgo, Community Services Director Approved by: Joseph D. Toney, Acting City Manager
Date prepared: March 5, 2025 Meeting date: March 10, 2025 Subject: Chumash Day Powwow
RECOMMENDED ACTION: Receive and file notice of postponement of the 25th Annual Chumash Day Powwow and Intertribal Gathering to April 2026.
FISCAL IMPACT: No additional appropriation is required. Funding for the Chumash Day Powwow and Intertribal Gathering is included in the Adopted Budget for FY 2024-25 in Account Nos. 100-4011-4102-00 through 100-4011-6160-00 (Special Events) and 203- 3009-5148-00 (Proposition A), totaling $190,000. These funds will carry over to FY 2025-
26. STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2024-25 Strategic Priority Project List.
DISCUSSION: The City’s Annual Chumash Day event is a Native American Powwow and Intertribal Gathering coordinated by the Community Services Department. Staff work with Native American advisors and elders to coordinate the event, which includes traditional dances, songs, artisan vendors, and Native American stories. It is the largest City-organized event and takes place over two days typically during the second weekend in April at Malibu Bluffs Park. The event regularly draws 3,000 to 4,000 attendees total for both days.
This year marks the 25th Annual event, and staff were planning special celebrations and recognitions. Unfortunately, due to the Broad, Franklin, and Palisades Fires, attention has been focused on response and recovery over the past several months, which has caused staff to pivot and focus on other immediate emergency and fire-related items. As City Council Meeting
03-10-25
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1.B.8.
Agenda Item # 1.B.8.
a result, Chumash Day has not received the attention and pre-event coordination that would typically occur in the early planning stages.
The event is typically coordinated with Community Services and other City and County Departments. Staff have evaluated the ability to hold the event in 2025 and recommend postponing this year’s event due to the concerns identified below and the amount of work that still needs to be completed to host a successful event. Instead, Staff will continue to focus on Department projects, resume programming, and assist with recovery efforts. Postponing the event to 2026 will allow time to properly coordinate the 25th Annual event, and host celebrations as previously planned. Additional concerns related to hosting the event are outlined below,
• Pacific Coast Highway indefinite closure
• Malibu Canyon Road closure in an instance of inclement weather • Limited Staff availability. The Community Services Department has four vacant full-time positions. These employees would typically serve as lead staff for the event. Several part-time employees have also resigned after the fires due to commuting times
• Limited to No Parking
o The Ioki property is not fully available. Staff must find new parking site(s) o Onsite parking at Malibu Bluffs Park could potentially be impacted by the construction of the Permanent Skate Park
• Limited time to create a traffic management plan, which requires the assistance of the Public Works Department
• Limited access to K-Rails and digital signs which is a safety measure for pedestrians and motorists
• Staff time to complete all items related to the Temporary Use Permit o Event modifications require 32-day notice through the Planning Department • Maintenance is still occurring at Malibu Bluffs Park due to the damage caused by the Broad Fire
• Complete and submit a Los Angeles County Department of Public Health permit • Complete and distribute marketing materials
o Secure Artisan Vendors
The TUP requires approvals by the Sheriff’s Department, Fire Department, County of Los Angeles Department of Public Health, Public Works Department, Environmental and Sustainability Department, and Planning Department. Due to the number of attendees, staff coordinate additional restrooms, trash and recycling disposal, onsite security, and various rentals. Typically, public parking is available at the Ioki property, and the City provides a free shuttle service to and from Malibu Bluffs Park. Onsite parking is reserved for event performers, dignitaries, and disabled persons.
Agenda Item # 1.B.8.
Staff have been communicating with our Native American advisors and elders, and they support postponing the event to 2026 due to the City’s circumstances and fire recovery efforts.
ATTACHMENTS: None
Agenda Item # 1.B.9.
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Maureen Tamuri, Interim Planning Director
Approved by: Joseph D. Toney, Acting City Manager
Date prepared: March 6, 2025 Meeting date: March 10, 2025 Subject: Professional Services Agreements for Rebuild Consulting Services RECOMMENDED ACTION: 1) Authorize the Mayor to execute Amendment No. 1 to Agreement with 4Leaf, Inc. for building plan check services; 2) Authorize the Mayor to execute a Professional Services Agreement for Fire Recovery and Rebuild contract services with CJ Biomonitoring for biological consulting services; 3) Authorize the Mayor to execute Amendment No. 2 to Agreement with Iris Consulting, Inc. for software development and system integration; and 4) Authorize the City Manager or designee to amend any of the approved agreements if necessary to receive reimbursement from FEMA or any other governmental agency.
FISCAL IMPACT: Funding for these agreements was not included in the Adopted Budget for FY 2024-25 and will depend on the volume of applications received. An appropriation to Account Nos. 102-3101-5100-00 (Franklin Fire Professional Services) and 102-3102- 5100-00 (Palisades Fire Professional Services) will be necessary; however, the existence of the local emergency will potentially help qualify the City and its residents for reimbursement for certain disaster response expenditures.
STRATEGIC PRIORITY: This item was not included in the Adopted FY 2024-25 Strategic Priority Project List; however, providing recovery and rebuild services after disasters is an immediate and top priority and these contracts are necessary to maintain the City's fundamental operations.
DISCUSSION: On December 9, 2024, the Franklin Fire started in the Santa Monica Mountains on Malibu Canyon Road, south of Piuma Road. The fire, high winds, and power outages produced conditions of extreme danger. The Acting Director of Emergency Services (Acting City Manager) proclaimed the existence of a local emergency on December 10, 2024, and the City Council adopted Resolution No. 24-64 ratifying the City Council Meeting
03-10-25
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1.B.9.
Agenda Item # 1.B.9.
emergency on December 16, 2024. The Franklin Fire burned over 4,000 acres and damaged surrounding hillsides.
Following the Franklin Fire, on January 7, 2025, the Palisades Fire started in or around the Pacific Palisades area. The Palisades Fire combined with a historic Santa Ana Wind event and power outages produced conditions of extreme peril to the safety of persons and property. The Acting Director of Emergency Services (Acting City Manager) proclaimed the existence of a local emergency on January 8, 2025. At the January 14, 2025, Special City Council Meeting, the City Council adopted Resolution No. 25-01 confirming and ratifying the existence of a local emergency due to the Palisades Fire.
It is currently estimated that there are over 700 properties in Malibu with damaged or destroyed structures because of fires, and many residents who have lost their homes have already expressed a desire to move forward with the rebuilding process as soon as possible. To accommodate the resulting increase in permit applications, and to help residents move forward with the fire rebuild process while continuing to provide a high level of ongoing City services, the City needs to augment its contract services.
Due to the severity of the fires and the extent of both the recovery and rebuild processes, staff is creating a Fire Recovery and Rebuild Team (Rebuild Team) that will be dedicated to those pursuing the reconstruction of destroyed and/or damaged homes, commercial properties, and City infrastructure. The Rebuild Team will be staffed by City development departments, including Planning, Environmental Sustainability (ESD), and Public Works.
In brief, the process will consist of the following steps: 1) preliminary Planning review and approval, 2) agency review and approval, 3) Building plan check review, 4) permit issuance, and 5) construction and building inspection. Additionally, this team will monitor rainfall, landslides, and mud and debris flow areas during rain events while assisting with environmental services, such as monitoring trash and recycling services.
The City’s current staffing levels are not sufficient to handle the City’s typical volume of project applications and all the anticipated volume of fire rebuild applications. Therefore, utilizing contract services will be critical to Malibu’s recovery and rebuild success. As such, on February 10 and 24, 2024, the City Council approved agreements to augment ESD, Public Works, and Planning staff levels. Currently, staff is requesting the Council consider additional agreements and an amendment for this purpose. 4Leaf, Inc.
After the request for proposal for contract planning services, the consultant was awarded an agreement by the City Council on October 28, 2024. On February 24, 2025, the Council awarded an agreement to the consultant to provide additional contract planning services to assist in the rebuild process. At this time, staff is proposing to amend the agreement to include building plan check services. This contract will deliver the augmented staff necessary to rebuild the community. Due to the urgency of the matter, competitive bidding
Agenda Item # 1.B.9.
is impracticable, would cause unnecessary delay, and is unlikely to result in a lower price to the City.
CJ Biomonitoring, Inc.
After the request for proposal evaluation process for biological consulting services, the City Council awarded an agreement to the consultant. The agreement before the Council is to provide biological consulting services to assist in the rebuild process.
Iris Consulting
After a request for proposal evaluation process for software development and system integration, the consultant was awarded an agreement from the City Council. The consultant provides an array of services to the City including the development and management of the City’s proprietary development management application and the recently launched Development Portal. In addition to providing support services to the Planning, Code Enforcement, Public Works, and the Environmental Sustainability Department, support services are provided to Finance, the City Clerk’s Office, and to the City’s Information Technology team.
Staff is requesting an amended agreement be approved for the additional scope of services with assistance in the City’s rebuild efforts. The consultant will be tasked with creating a publicly-viewable project tracking database and statistics for rebuild projects and other tools to assist applicants and owners to track their projects and to create more transparent rebuild process.
It is recommended that the City Council authorize the Mayor to sign these agreements to meet operational demands posed by the disasters.
ATTACHMENTS:
1. Amendment No. 1 to Professional Services Agreement with 4Leaf, inc.
2. Professional Services Agreement with CJ Biomonitoring, Inc.
3. Amendment No. 2 to Professional Services Agreement with Iris Consulting, Inc.
Attachment 1
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of March 10, 2025 by and between the City of Malibu (hereinafter referred to as the "City"), and CJ Biomonitoring, LLC (hereinafter referred to as "Consultant").
The City and the Consultant agree as follows:
R E C I T A L S
A. The City does not have the personnel able and/or available to perform the services required under this Agreement.
B. The City desires to contract out for consulting services for certain projects wildfire recovery projects relating to biological consulting services.
C. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.
D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement.
NOW, THEREFORE, the City and the Consultant agree as follows:
1.0 SCOPE OF THE CONSULTANT’S SERVICES. The Consultant agrees to provide the services and perform the tasks set forth in Exhibit A (Scope of Work), attached to and made part of this Agreement, except that, to the extent that any provision in Exhibit A conflicts with this Agreement, the provisions of this Agreement govern. The Scope of Work may be amended from time to time by way of a written directive from the City.
2.0 TERM OF AGREEMENT. This Agreement will become effective on March 10, 2025, and will remain in effect for a period of two years from said date unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein.
3.0 CITY AGENT. The City Manager, or his or her designee, for the purposes of this Agreement, is the agent for the City; whenever approval or authorization is required, Consultant understands that the City Manager, or his or her designee, has the authority to provide that approval or authorization.
4.0 COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with the Scope of Work’s fee and cost schedule. No additional compensation shall be paid for any other expenses incurred unless first approved in writing by the City Manager, or his or her designee.
Agreement for Professional Services
CJ Biomonitoring, LLC
4.1 The Consultant shall submit to the City, by no later than the 10th day of each month, its written, detailed bill for services itemizing the fees and costs incurred during the previous month. The City shall pay the Consultant all uncontested amounts set forth in the Consultant's bill within 30 days after it is received.
5.0 CONFLICT OF INTEREST. The Consultant represents that it presently has no interest and shall not acquire any interest, direct or indirect, in any real property located in the City which may be affected by the services to be performed by the Consultant under this Agreement. The Consultant further represents that in performance of this Agreement, no person having any such interest shall be employed by it.
5.1 The Consultant represents that no City employee or official has a material financial interest in the Consultant’s business. During the term of this Agreement and/or as a result of being awarded this contract, the Consultant shall not offer, encourage or accept any financial interest in the Consultant’s business by any City employee or official.
5.2 If a portion of the Consultant’s services called for under this Agreement shall ultimately be paid for by reimbursement from and through an agreement with a developer of any land within the City or with a City franchisee, the Consultant warrants that it has not performed any work for such developer/franchisee within the last 12 months, and shall not negotiate, offer or accept any contract or request to perform services for that identified developer/franchisee during the term of this Agreement.
6.0 GENERAL TERMS AND CONDITIONS.
6.1 Termination. Either the City Manager or the Consultant may terminate this Agreement, with or without cause, by giving the other party ten (10) calendar days written notice of such termination and the effective date thereof.
6.1.1 In the event of such termination, all finished or unfinished documents, reports, photographs, films, charts, data, studies, surveys, drawings, models, maps, or other documentation prepared by or in the possession of the Consultant under this Agreement shall be returned to the City. If the City terminates this Agreement without cause, the Consultant shall prepare and shall be entitled to receive compensation pursuant to a close-out bill for services rendered and fees incurred pursuant to this Agreement through the notice of termination.
If the Consultant terminates this Agreement without cause, the Consultant shall be paid only for those services completed in a manner satisfactory to the City.
6.1.2 If the Consultant or the City fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Consultant or the City violate any of the covenants, agreements, or stipulations of this Agreement, the Consultant or the City shall have the right to terminate this Agreement by giving written notice to the other party of such termination and specifying the effective date of such termination. The Consultant shall be entitled to receive compensation in accordance with the terms of this Agreement for any work satisfactorily completed hereunder. Notwithstanding the foregoing, the Consultants shall not be relieved of liability for damage sustained by virtue of any breach of this Agreement and any payments due under this Agreement may be withheld to off-set anticipated damages.
Agreement for Professional Services
CJ Biomonitoring, LLC
6.2 Non-Assignability. The Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of the City, which the City may grant or deny in its sole and absolute discretion.
6.3 Non-Discrimination. The Consultant shall not discriminate as to race, creed, gender, color, national origin, sexual orientation, or any other protected category in the performance of its services and duties pursuant to this Agreement, and will comply with all applicable laws, ordinances and codes of the Federal, State, County and City governments.
6.4 Insurance. The Consultant shall submit to the City certificates indicating compliance with the following minimum insurance requirements no less than one (1) day prior to beginning of performance under this Agreement. Consultant further agrees to comply with all provisions in the attached Exhibit B which is incorporated herein.
6.5 Indemnification.
To the fullest extent permitted by law, Consultant shall indemnify and hold harmless City and any and all of its officials, employees, agents, and/or volunteers (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this Agreement. Consultant’s duty to indemnify and hold harmless City shall not extend to the City’s sole or active negligence or willful misconduct.
6.5.1. Duty to defend:
In the event the Indemnified Parties, individually or collectively, are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Consultant shall defend the Indemnified Parties at Consultant’s cost or at City’s option, to reimburse City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions. Payment by City is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and City, as to whether liability arises from the sole or active negligence or willful misconduct of the City or its officers, employees, or agents, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the Indemnified Parties as solely or actively negligent or to have acted with willful misconduct. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees, and costs of litigation.
6.6 Compliance with Applicable Law. The Consultant and the City shall comply with all applicable laws, ordinances, and codes of the federal, state, county, and city governments, including, without limitation, Malibu Municipal Code Chapter 5.36 Minimum Wage.
Agreement for Professional Services
CJ Biomonitoring, LLC
6.7 Independent Contractor. This Agreement is by and between the City and the Consultant and is not intended, and shall not be construed, to create the relationship of agency, servant, employee, partnership, joint venture, or association, as between the City and the Consultant.
6.7.1. The Consultant shall be an independent contractor and shall have no power to incur any debt or obligation for or on behalf of the City. Neither the City nor any of its officers or employees shall have any control over the conduct of the Consultant, or any of the Consultant’s employees, except as herein set forth, and the Consultant expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees are in any manner employees of the City, it being distinctly understood that the Consultant is and shall at all times remain to the City a wholly independent contractor and the Consultant's obligations to the City are solely such as are prescribed by this Agreement.
6.8 Copyright. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the Consultant.
6.9 Legal Construction.
(a) This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced, and governed under the laws of the State of California.
(b) This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement.
(c) The article and section, captions and headings herein have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.
(d) Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.
6.10 Counterparts. This Agreement may be executed in counterparts and as so executed shall constitute an agreement which shall be binding upon all parties hereto.
6.11 Final Payment Acceptance Constitutes Release. The acceptance by the Consultant of the final payment made under this Agreement shall operate as and be a release of the City from all claims and liabilities for compensation to the Consultant for anything done, furnished or relating to the Consultant’s work or services. Acceptance of payment shall be any negotiation of the City’s check or the failure to make a written extra compensation claim within Agreement for Professional Services
CJ Biomonitoring, LLC
ten (10) calendar days of the receipt of that check. However, approval or payment by the City shall not constitute, nor be deemed, a release of the responsibility and liability of the Consultant, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the City for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents.
6.12 Corrections. In addition to the above indemnification obligations, the Consultant shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the City, and the cost thereof shall be charged to the Consultant.
6.13 Files. All files of the Consultant pertaining to the City shall be and remain the property of the City. The Consultant will control the physical location of such files during the term of this Agreement and shall be entitled to retain copies of such files upon termination of this Agreement.
6.14 Waiver; Remedies Cumulative. Failure by a party to insist upon the performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.
6.15 Mitigation of Damages. In all such situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.
6.16 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
6.17 Attorneys' Fees. The parties hereto acknowledge and agree that each will bear his/her or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except for the provisions of Section 6.5 and except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.
Agreement for Professional Services
CJ Biomonitoring, LLC
6.18 Entire Agreement. This Agreement constitutes the whole agreement between the City and the Consultant, and neither party has made any representations to the other except as expressly contained herein. Neither party, in executing or performing this Agreement, is relying upon any statement or information not contained in this Agreement. Any changes or modifications to this Agreement must be made in writing appropriately executed by both the City and the Consultant.
6.19 Notices. Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
CITY: Steve McClary CONSULTANT: Courtney McCammon
City Manager Owner and Principal Biologist
City of Malibu CJ Biomonitoring, LLC
23825 Stuart Ranch Road 347 Argonne Avenue
Malibu, CA 90265-4861 Long Beach, CA 90814
TEL (310) 456-2489 x 226 TEL (949) 285-7096
FAX (310) 456-2760 [email protected]
6.20 Warranty of Authorized Signatories and Acceptance of Facsimile or Electronic Signatures. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.
7.0 GENERAL TERMS AND CONDITIONS. (City and Consultant initials required at EITHER 7.1 or 7.2)
7.1 Disclosure Required. By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code.
City Initials ______
Consultant Initials CJM
Agreement for Professional Services
CJ Biomonitoring, LLC
7.2 Disclosure not Required. By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.
City Initials ______
Consultant Initials CJM
This Agreement is executed on _____________________, at Malibu, California, and effective as of March 10, 2025.
CONSULTANT:
_______________________________
By: COURTNEY MCCAMMON
Owner and Principal Biologist
CITY OF MALIBU:
___________________________________
DOUG STEWART, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
Agreement for Professional Services
CJ Biomonitoring, LLC
EXHIBIT A
SCOPE OF WORK
City of Malibu
23825 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-3356 · www.malibucity.org CJ Biomonitoring, LLC
Scope of Work
1. The Consultant shall maintain two staff members during the term of the agreement: Principal Biologist (Courtney McCammon) and Assistant Biologist.
2. Review and evaluate biological assessment reports, native tree protection plans, and all other reviews. Reviews shall be performed with reference to the requirements of the City’s Local Coastal Program, Zoning Ordinance, Subdivision Ordinance, and the Malibu General Plan; and provide City staff with specific recommendations regarding the acceptability of such reports/plans and provide detailed review comments to bring the report/plans in compliance with City requirements.
3. Conduct reviews, including but not limited to plan revisions, biology assessment, native tree protection plans, within ten (10) business days from the date of submittal of each. Conduct final inspections within one week of request. Turnaround times may be extended with expressed concurrence of the Planning Director.
4. Provide the applicant designee and the City a list of items needing clarification or change to achieve conformance with all State, Federal, or local regulations.
5. Reviews shall include but is not limited to a bibliography of referenced materials (e.g., studies, projects plans, inspection dates, meeting dates, etc.) and review history.
6. Prepare standard biology conditions of approval to be used in review of project applications and update as necessary.
7. Plan approval shall not be recommended to the City until all code compliance issues are resolved to the best of the applicant’s knowledge, and all requirements of the City have been satisfied.
8. Conduct final site inspections per the request of City staff or applicant and conduct field observation and recommendations as requested by City staff
9. Track conditions of compliance, such as, but not limited, to post-approval habitat restoration and monitoring and native tree protection monitoring.
10. As requested by the Planning Director, accept any and all documents electronically; including utilization of OnBase (records management system), and any additional electronic formats accepted by the City.
11. Respond within one (1) business day to questions from City staff and members of the public.
12. Hold routine office hours at City Hall on Tuesdays from 11:00 am to 12:30 pm. or longer depending on demand for servicces. This time will be utilized for appointments with applicants, meetings with staff, and review of project applications. Additional hours may be required. If City Hall is closed to walk-in traffic, virtual meetings shall be held on an as-needed basis.
CJ Biomonitoring, LLC 2
13. Hold public counter hours at City Hall on Tuesdays from 9:00 am to 11:00 am. If City Hall is closed to walk-in traffic, virtual meetings shall be held on an as-needed basis.
14. Maintain one (1) individual as the contact for all communication with the City.
15. Furnish assigned personnel with all necessary materials, resources, and training to conduct reviews, including a current copy of applicable City amendments, policies, procedures, and forms.
16. Attend and participate in local and regional meetings on behalf of the City; including locations other than Consultant’s office and Malibu City Hall.
17. Provide training for City staff as requested by the Planning Director.
18. Make presentations to City Council, public, and other agencies as requested by the Planning Director.
19. Attend Planning Commission and City Council meetings as requested by City staff.
20. Review biological section of various Environmental Impact Reports and initial studies for adequacy / completeness and propose mitigation measure and monitoring programs for compliance with goals, objection and policies of the Local Coastal Program and Malibu General Plan and best management practices.
21. Recommend modifications to the City’s guidelines and codes, as appropriate, to maintain conformance with the latest State regulations, laws and acceptable biological practices.
22. Attend court appearances, expert witness testimony, and legal research at the request of the City.
23. Chair the Environmental Review Board meetings, typically one per month, at the request of the Planning Director.
24. Maintain detailed accounting of fees including fixed fees and time and materials fees and issue fee balance statements to applicants. No work shall be conducted prior to fees collected.
25. Perform project management duties including the maintenance of the development database and tracking of deadlines, application submittal requirements, and workload.
City of Malibu
23825 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-3356 · www.malibucity.org CJ Biomonitoring, LLC 1
Compensation for Services
The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with the Scope of Work’s fee and cost schedule. The City shall pay the Consultant the fixed fee upon issuance of the first review.
No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his/her designee.
Fixed Fee Services:
Fixed Fees shall include amount of reviews as indicated below; does not include site inspections and meetings with applicants.
Additional reviews will be performed on a time and materials basis.
Service Performed Staff Name Title Estimated
Hours
Consultant Rate
Peer Review
Site Inspection Various Staff Various Staff 2.00 $330
Planning Revisions
*includes 1 review
Various Staff Various Staff 2.00 $330
Review: CDP (with ESH)
*includes 3 reviews
Various Staff Various Staff 8.00 $1,324
Review : CDP (without ESHA)
*includes 2 reviews
Various Staff Various Staff 4 .00 $662
CDP for OWTS Only
*includes 1 review
Various Staff Various Staff 1.50 $248
APR with Development (without
landscaping)
*includes 1 review
Various Staff Various Staff 2.00 $330
APR with Development (with
landscaping)
*includes 2 reviews
Various Staff Various Staff 4.00 $662
APR Landscaping Only
*includes 2 reviews
Various Staff Various Staff 3.00 $495
Time and materials review Various Staff Various Staff 1.00 $165/hour Attend Meetings Regular Business
Hours
Various Staff Various Staff 1.00 $175/hour
Attend Meetings After Hours Various Staff Various Staff 1.00 $200/hour
CJ Biomonitoring, LLC 2
Professional Services:
Fees for professional services are based on an hourly rate.
Service Performed Hourly Rate
General Day-time Hourly Rate $175.00
Evenings (after 5:30 PM) $200.00
Depositions, Court Appearances, Expert Witness, Legal Research $550.00* * This rate is only implemented if requested by a party other than the City and with approval from the City. Court appearances requested on the City’s behalf would be charged at the standard hourly evening rates (i.e. $175/hr) Miscellaneous
• Mileage, other than travel to and from the City (e.g, site visits, off site meetings), will be billed at the current federal rate.
• Costs for overnight or long-term jobs requiring lodging will include per Diem at a rate of $250.00 per day.
All rates listed above shall include overhead costs including, but not limited to salaries, benefits, insurance, and office expenses. If staff substitutions are necessary, the original rates listed above will still apply. including Counter Hours
Agreement for Professional Services
CJ Biomonitoring, LLC
EXHIBIT B
INSURANCE LANGUAGE
Without limiting Consultant’s indemnification of City, and prior to commencement of work and/or services under this Agreement, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident.
Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).
Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
Umbrella or Excess Liability Insurance. Consultant shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
• “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies.
Agreement for Professional Services
CJ Biomonitoring, LLC
Should Consultant obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.
OTHER PROVISIONS OR REQUIREMENTS
Proof of Insurance. Consultant shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City for the contract period and any additional length of time required thereafter. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of Coverage. Consultant shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Consultant, their agents, representatives, employees, or subconsultants.
Primary/Noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.
City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and Agreement for Professional Services
CJ Biomonitoring, LLC
shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of Contract Provisions (Non Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the City immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.
Additional Insured Status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.
Prohibition Of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
Separation of Insureds. A severability of interests’ provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s Subcontractor cannot comply with this requirement, which proof must be submitted to the City, Consultant may still be able to utilize the Subcontractor provided Consultant shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements Agreement for Professional Services
CJ Biomonitoring, LLC
sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with the Consultant’s requirements under this Agreement. This provision does not relieve the Consultant of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Consultant with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this Agreement given the limited scope of work or services provided by the subcontractor. Consultant agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to City for review.
City’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days’ advance written notice of such change. If such a change results in substantial additional costs to the Consultant, the City and Consultant may renegotiate the Consultant’s compensation.
Self-Insured Retentions. Any self-insured retentions must be declared to and approved by the City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.
Timely Notice Of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional Insurance. The consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
AMENDMENT NO. 2 TO AGREEMENT
THIS AMENDMENT NO. 2 TO AGREEMENT is made and entered in the City of Malibu on March 10, 2025, by and between the CITY OF MALIBU, hereinafter referred to as City, and IRIS Consulting, hereinafter referred to as Consultant.
The City and the Consultant agree as follows:
R E C I T A L S
A. On September 11, 2023, the City Council entered into an Agreement with the Consultant for software development and systems integration (the “Agreement”).
B. On June 10, 2024, the City Council approved Amendment No. 1 to Amendment to modify the Consultant’s scope of work and compensation to include the City’s Local Early Action Planning (LEAP) grant proposal list of projects.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
1. All references to Exhibit A, B, and C shall be amended to refer to Exhibit D.
2. Section 1.0 – Scope of the Consultant’s Services, of the Agreement, is hereby amended as set forth in Exhibit C attached hereto.
3. The Parties agree that this Amendment 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.
4. All terms and conditions of the Agreement not amended by this Amendment No. 2 remain in full force and effect.
This Agreement is executed on ______________________, at Malibu, California, and effective as of December 10, 2024.
CITY OF MALIBU:
____________________________________
DOUG STEWART, Mayor
ATTEST:
____________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
Attachment 3
City of Malibu
23825 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-3356 · www.malibucity.org
EXHIBIT D
1. Software Development and Systems Integration
Section A. – Scope of Work
The City of Malibu currently utilizes a mixture of custom databases, City hosted software services, and web-based programs to conduct daily City business activities. Consultant shall provide technical support for existing IT applications including, but not limited to:
• Acella for City finance and human resources functions • OnBase by Hyland for document and agenda management
• Custom built Microsoft Access Applications, SQL databases, and Visual Studio.
Net applications for community development review, transient occupancy tax, and alarm permits
• ARC GIS by ESRI
• Civic Plus for web content management
• PrimeGov and YouTube for video broadcast and hosting
• Turbo data Systems Inc. for parking citation administration • Host Compliance for short-term rental administration
• Entrapass by Kantech for building security
• RecPro for community services programming
• An Integrated Wastewater Information Management System custom-built for tracking wastewater permits and related notifications
• Stripe Online Payments
• Microsoft Office 365 Business Online Applications (SharePoint Land Development portal)
• Bluebeam for electronic plan review
• DocuSign for digital signatures
Consultant shall provide technical support for the City’s existing custom-built SQL and access database particularly the City’s specialized applications for community development review, develop integrative tools for all the City’s applications and create statistical reports to support the City’s business activities.
As part of this work, the consultant shall be responsible for performing the following tasks:
• Administering, maintaining, and updating the City’s custom-built applications for transient occupancy tax, alarm permits, environmental programs and community development which includes over 10 different modules
• Configuring upgrades to the City’s custom-built Microsoft Access Applications, SQL databases, and .Net applications to increase operating efficiencies and/or adapt to new requirements
EXHIBIT D
• Designing and developing new features for the existing custom-built applications as directed
• Developing stored procedures to meet user agreements
• Analyzing users’ business processes and reporting requirements and making process improvements recommendations as requested
• Integrating and maintaining the interface between the City’s custom-built applications and the City’s OnBase program
• Integrating and maintaining the interface between the City’s custom-built applications and the City’s Topaz Signature Pad program • Integrating and maintaining the interface between the city’s custom-built applications and the City’s Accela program
• Developing online forms
• Developing online public portals for the City’s custom-built SQL databases • Providing technical expertise for the implementation of electronic permitting services
• Performing System Administration duties including but not limited to macro creation, document creation, dynamic folders, creating and maintaining import processes, keyword update processes, workflow setup and management, report writing and external application connection
• Read, understand, and write computer code for City’s proprietary database • Attending meetings to discuss assignments, establish workflow, project priorities, and communicate project status
• Maintaining communication and cooperative working relationships with City staff, software providers and outside agencies
• Working onsite at Malibu City Hall as directed
• Responding to data queries within one to two hours upon request • Delivering high level of customer service to all City staff and departments • 24/7 technical support including assessment, diagnosis, documentation, and resolution of issues as needed in case of emergencies
• Providing other systems integration and development work as assigned • In order to perform this work, the selected consultant shall be knowledgeable of the following:
• Municipal government with the emphasis of knowledge in the development application permitting processing and environmental programs • Municipal records management and familiarity with records and workflow processes
• Extensive programming experience in MS Windows environment Microsoft Office, VB, VB.NET, C#, Microsoft SQL Server, T-SQL, Crystal Reports, HTML, XML, and JavaScript in a networked environment using Microsoft servers • Comprehensive knowledge and understanding of computer systems, hardware, and software operations and principles
• Knowledge of fundamental concepts, practices and procedures of application development and documentation
• Software systems administration and systems analysis
• Software system configuration, maintenance, and problem resolution • Principles of relational database maintenance
EXHIBIT D
• Web development languages and best practices
• Statistical report development
• Providing training to staff and documenting hot the software systems work Regular Office Hours
Consultant to work onsite work as needed and be available to provide phone support between the hours of 7:30 AM - 5:30 PM PST. If the City is unable to connect to a live person during this time, the City shall receive a prompt callback.
24/7 Support
The consultant shall provide 24/7 technical support including assessment, diagnosis, documentation, resolution of issues and individual workstation support for viewing and training as needed in case of emergencies. The consultant shall be notified of emergent issues via phone or email flagged with importance level as high and will receive a prompt response.
Section B. – Compensation
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 his 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.
Task Cost Estimate for Software Development and Systems Integration The fees listed below are estimates only. The total annual not to exceed amount is $195,500 Department/Modules Account Agreement
Planning 101-2001-5100.00 $30,000
Building Safety
.
101-2004-5100.00 $70,000
Wastewater Module 101-2010-5100.00 $5,000
Clean Water Programs 101-3003-5100.00 $5,000
City Clerk Document Imaging Services 100-7007-5100.00 $5,500 Public Works 100-3008-5100.00 $15,000
Woolsey Fire Database Module 102-3002-5100.02 $10,000
EXHIBIT D
Franklin Fire Database Module 102-3101-5100.02 $10,000
Palisades Fire Database Module 102-3102-5100.02 $40,000 Finance 100-7054-5100.00 $5,000
Total Annual Not to Exceed Amount $195,500
Standard Fee Schedule
IRIS Consulting Fee Schedule
Description Fee
Fee #1
Includes all work Monday through Friday from 7:30 AM through 5:30 PM Principal
Assistant
$135.00/Hour
$80.00/Hour
Fee #2
Includes all work performed on weekends and outside of business hours during weekdays
Principal
Assistant
$155.00/Hour
$100.00/Hour
Miscellaneous
Mileage and travel time are not charged to the client, however, a minimum charge for onsite work is 2 hours.
N/A
EXHIBIT D
2. LEAP GRANT
Consultant shall prepare the following deliverables as contained in the City of Malibu’s 2020 Local Early Action Planning (LEAP) proposal. Work shall be completed by September 30, 2024.
Deliverable Estimated Cost
Develop a digital submittal web portal to streamline digital submittal process
Development software upgrades to the Development
Database to automate intra- / inter-department workflows Develop an Accessory Dwelling Unit online portal
Total Estimated Cost $22,350.00*
The Standard Fee Schedule rates shall apply. The estimated cost per deliverable is subject to change and may be authorized by an agent of the City of Malibu.
Funding for these services shall be paid under Planning Professional Services (101-2001- 5100.00) and reimbursed by the City’s LEAP grant funds. *Modified to reflect actual work completed.
Agenda Item # 1.B.10.
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Alexis Brown, Deputy City Manager
Approved by: Joseph D. Toney, Acting City Manager
Date prepared: March 7, 2025 Meeting date: March 10, 2025 Subject: Support for Governor Newsom Supplemental Appropriation Request for Wildfire Recovery
RECOMMENDED ACTION: Authorize the Mayor to sign letters in support of Governor Newsom’s Supplemental Appropriation Request for Wildfire Recovery.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
STRATEGIC PRIORITY: This item was not included in the Adopted FY 2024-25 Strategic Priority Project List, but this has been prioritized due to the declared emergency.
DISCUSSION: The January 2025 wildfires caused extensive damage across Los Angeles County, including significant impacts to the City of Malibu and surrounding communities. Governor Gavin Newsom has submitted a request to Congress for $39.68 billion in federal appropriations to support wildfire recovery, including assistance for businesses, workforce recovery, infrastructure repair, and community resilience.
Given Malibu’s vulnerability to wildfires and the need for federal support in rebuilding efforts, it is in the City’s interest to support the Governor’s request. The proposed letter of support highlights the City’s commitment to securing necessary resources for recovery and mitigation efforts.
The letter expresses the City of Malibu’s strong support for Governor Newsom’s funding request and urges Congress to act swiftly in approving federal aid. The requested funds would provide critical assistance for:
• Infrastructure restoration, including water, sewer, gas, and electrical systems. • Business and workforce recovery programs.
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Agenda Item # 1.B.10.
• Community and private property rehabilitation.
• Disaster resilience measures to protect against future wildfires.
Approval of this item will authorize the Mayor to sign the letter and direct staff to distribute it to Congressional leadership and other federal representatives advocating for wildfire recovery funding.
ALTERNATIVES:
1. Authorize the Entire Council to sign letters
2. Adopt a Resolution In Support of the Governor’s Request
3. Direct the City Manager to Send a Letter
ATTACHMENTS:
1. Draft Letter of Support
City of Malibu
23825 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-3356 · www.malibucity.org March 10, 2025
On behalf of the City of Malibu, I write to express our full support for Governor Gavin Newsom’s Supplemental Appropriations request of $39.68 billion to aid in the recovery and rebuilding efforts following the devastating January 2025 wildfires in Los Angeles County. These fires have left lasting impacts on our region, and federal assistance is critical to ensuring that affected communities can recover, rebuild, and strengthen their resilience against future disasters.
Governor Newsom’s request prioritizes essential funding for business and workforce recovery, tax incentives, community and private property rehabilitation, and long-term disaster resilience. The City of Malibu recognizes the immediate and long-term needs for infrastructure restoration, housing recovery, and economic stabilization.
The wildfires have underscored the urgency of modernizing water, sewer, gas, and electrical infrastructure to support residents’ return to their homes and businesses. Federal support will be instrumental in helping our community rebuild while also investing in disaster mitigation measures that protect against future wildfires.
The City of Malibu urges Congress to act swiftly in approving this request. Our communities are working diligently to recover, but additional federal support is essential in ensuring that we emerge stronger and more resilient. We appreciate the ongoing partnership between local, state, and federal agencies in prioritizing disaster recovery, and we look forward to continued collaboration to eliminate bureaucratic delays and deliver aid where it is needed most.
Thank you for your leadership and commitment to supporting wildfire-impacted communities. We stand ready to work with you in securing the resources necessary for recovery and resilience.
Sincerely,
Sincerely,
Doug Stewart
Mayor, City of Malibu
Agenda Item # 1.B.11.
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Cynthia Alba, Executive Assistant
Reviewed by: Renée Neermann, Financial Controller
Approved by: Joseph D. Toney, Acting City Manager
Date prepared: March 6, 2025 Meeting date: March 10, 2025 Subject: Funding For Staff Lunches to Support Palisades Fire Business Recovery
RECOMMENDED ACTION: Appropriate $50,000 from the General Fund Unassigned Reserve to Account Number 100-7058-6170 (Human Resources Events).
FISCAL IMPACT: Funding for these services was not included in the Adopted Budget for FY 2024-25. An additional appropriation of $50,000 is required to cover the cost of providing daily meals from local businesses to the City workforce. As of June 30, 2024, the budget General Fund Undesignated Reserve at June 30, 2024 is $75.5 million.
STRATEGIC PRIORITY: This item was not included in the Adopted FY 2024-25 Strategic Priority Project List, but this has been prioritized due to the declared emergency.
DISCUSSION: Council Policy #44 requires that all proposed appropriations over $10,000 be reviewed and discussed by the Administration and Finance Subcommittee (Subcommittee) prior to being presented to the City Council. The item was reviewed by the Subcommittee during the March 06, 2025, Special meeting, and recommended for approval by the City Council.
At its meeting on February 27, 2025, the City Council directed the City Manager to explore the procurement of family-style meals for staff from local Malibu businesses during March and April 2025. This initiative aims to support local businesses impacted by the Palisades Fire, Pacific Coast Highway (PCH) public closures, and the resulting economic disruptions to the community.
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Agenda Item # 1.B.11.
Many local businesses have experienced significant revenue losses due to reduced customer traffic and operational challenges caused by these events. By sourcing daily staff meals from Malibu-based restaurants, the City can help mitigate some of these financial hardships while ensuring continued support for the local economy and staff.
Based on past meal procurement for the Emergency Operations Center, which averaged $400 per day for 20 people, the estimated cost for daily staff lunches for around 60 fulltime employees is $1,200 per day. Over a two-month period, this totals approximately $50,000.
ATTACHMENTS: None.
Agenda Item # 1.B.12.
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Trevor Rusin, Interim City Attorney
Date prepared: March 7, 2025 Meeting date: March 10, 2025 Subject: Separation/Settlement and Release Agreement between the City of Malibu and Steven L. McClary
RECOMMENDED ACTION: Approve the Separation/Settlement and Release Agreement between the City of Malibu and Steve McClary attached as Attachment 1 (“Agreement”).
FISCAL IMPACT: The costs associated with the Agreement are within the Councilapproved budget for the City Manager position.
STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2024-25 Strategic Priority Project List.
DISCUSSION: Steve McClary has served as the City Manager for the City of Malibu since May 15, 2022, having served previously as the City’s Interim City Manager. Mr.
McClary has been on leave since after Thanksgiving for personal reasons. The City Council has worked with Mr. McClary to reach a mutual agreement, bringing his tenure as City Manager to an end.
The Agreement provides for payment to Mr. McClary of $184,420 and the reimbursement of his health insurance costs for a period of up to six months. It also includes a release of all claims against the City except for an active workers compensation claim.
The Agreement is effective as of today’s date and has been signed by Mr. McClary. A copy of the Agreement is attached as Attachment 1 to this report.
The City Council is exploring its options for the City Manager position and will report back to the public in the future.
ATTACHMENTS: Separation/Settlement and Release Agreement City Council Meeting
03-10-25
Item
1.B.12
1 SEPARATION/SETTLEMENT AND RELEASE AGREEMENT
This SEPARATION/SETTLEMENT AND RELEASE AGREEMENT (“Agreement”) is entered into as of the date of the last signature hereto by and between the CITY OF MALIBU, a California general law city and municipal corporation (hereinafter “City”), and STEVE L.
McCLARY, and individual (hereinafter “Employee”).
RECITALS
A. Employee has been employed with City pursuant to the terms of the June 13, 2022 (effective May 15, 2022) City Manager Employment Agreement, as amended by the First Amendment thereto dated July 20, 2023, and the Second Amendment thereto dated November 12, 2024 (collectively, “Employment Agreement”), in the at-will position of City Manager. City has made the decision to terminate Employee from his position as City Manager, without cause.
B. City and Employee (collectively, the “Parties”) have agreed to resolve any and all disputes, now in existence or arising in the future between City and Employee regarding the employment of Employee and his separation from the City.
C. The Parties agree and acknowledge that there has been no admission of any wrongdoing, fault, violation of law, or liability of any kind on the part of either City or Employee. The Parties agree that this Agreement shall be inadmissible as evidence of liability or damages against City or Employee in any forum or proceeding.
AGREEMENT
In exchange for the consideration and promises set forth herein, the Parties and each of them agree as follows:
1. Acknowledgement of Recitals. The Parties acknowledge that the recitals stated above are true and correct and incorporate by reference those recitals into this Agreement
2. Separation. Employee will be separated from employment with City effective as of the close of business on March 10, 2025 (“Separation Date”). On the next regular payroll after his Separation Date, Employee will be paid out all unused accrued leave balances that must be paid upon separation under applicable law or under the applicable terms of the Employment Agreement at Employee’s hourly salary rate on the Separation Date. Employee agrees that other than his accruals and his final paycheck, he has been paid all amounts due and owing to him arising out of his employment, and that he is not owed any additional sums for any reason.
3. Separation Terms: Pursuant to the Employment Agreement, and in consideration of Employee’s execution of this Agreement, and all promises set forth herein, and subject to Employee not revoking this Agreement, City shall:
2 a. Pay Employee a severance payment in the total amount of one hundred and eighty-four thousand, four hundred and twenty dollars ($184,420.00), minus applicable withholdings and deductions (“Severance Payment”). The Severance Payment shall be made no later than fourteen (14) days after the Effective Date, as defined in Section 11 below, provided Employee has performed his obligations under this Agreement. The Severance Payment shall be made by way of check mailed to Employee at the address listed in his employee records. b. Reimburse Employee for the costs of Employee’s COBRA health insurance premiums for six (6) months after the Separation Date, or until Employee finds other employment, whichever occurs first. Reimbursement is contingent on Employee submitting proof of payment of COBRA health insurance premiums to City within thirty (30) days after payment thereof has been made. Employee agrees to notify City within five (5) days of securing new full-time employment or health insurance, at which time City’s duty under this section to reimburse Employee for costs of COBRA health insurance premiums shall terminate.
4. No Representations of Warranties. City makes no representations or warranties as to any tax consequences associated with this Agreement, or the Severance Payment. Other than the withholding of standard state and federal payroll tax deductions, no other salary deductions will be withheld from the Severance Payment unless authorized in writing by Employee, and the Parties agree that the determination of the tax consequences of the Severance Payment made herein is the sole responsibility of Employee. Employee agrees that he is responsible for any additional taxes or other withholdings due the federal government or any state or local government entity as a result of the Severance Payment, and agrees to indemnify and hold City harmless for any related liability.
5. Property and Equipment. Employee shall return to the City all City property he has had in his possession or control, including but not limited to cellular or smart phones, computers, credit cards, entry cards, keys, identification badges, and computer data. Return of all such City property is an express condition precedent to Employee’s eligibility to receive the payment in Section 3 above.
6. Agreement to Cooperate. Employee agrees to use his best efforts to cooperate and participate as described below in any claims, lawsuits, charges, etc. that have been or are brought against City as to which Employee is either a witness or has relevant information. Such participation includes, but is not limited to, Employee making himself timely available to: (1) appear and answer questions and/or testify at any interview, deposition and/or at trial, upon reasonable notice; (2) participate in meetings with City’s counsel as needed to prepare for any testimony; (3) assist in responding to discovery; (4) provide information and/or execute witness statements; and (5) cooperate with any subpoenas. This participation will not be performed as an employee or otherwise compensated; instead, Employee is simply providing access to necessary information for which this Agreement provides the requisite consideration.
7. Covenant Against Disclosure or Use of City Information. Employee expressly agrees and acknowledges that he will not, on behalf of himself or for the benefit of any person or entity, disclose or use any proprietary information or City confidential materials for financial benefit or otherwise, which he obtained as an employee of City. 3 8. Waiver of Discrimination Claims. Employee understands and acknowledges that Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Civil Rights Act of 1991, the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, the Americans with Disabilities Act of 1990, the Federal Family and Medical Leave Act of 1993, the California Family Rights Act of 1991, the California Fair Employment and Housing Act, and other statutes provide Employee with the right to bring an action against City if Employee believes he has been discriminated against based on race, ancestry, creed, color, religion, sex, marital status, national origin, age, status as an individual who has filed a claim for workers’ compensation benefits or who has sustained an industrial injury, status as a veteran of the Vietnam era, physical or mental handicap, and/or disability. Employee understands the rights afforded to him under these Acts and agrees that he will not bring any action against City based on any alleged violation(s) of these Acts. Employee hereby waives any right to assert a claim for any relief under these or similar Acts, including but not limited to back pay, attorney fees, damages, reinstatement, and/or injunctive relief, arising out of his employment with City or the separation from such employment.
9. General Release of All Claims. Excepting the obligations that are expressly set forth in this Agreement, the Parties shall and hereby do release and forever discharge each other, as well as their predecessors, successors, heirs, executors, administrators, other present or former employees who were acting in the course and scope of their employment, Council Members, consultants, agents, attorneys, directors, successors and assigns (collectively, “Released Parties”), from all claims related in any way to the transactions or occurrences between Employee and City to date, to the fullest extent permitted by law. This release is intended to be interpreted broadly to apply to all transactions and occurrences between Employee and City, including but not limited to any and all claims related to Employee’s employment and employment conditions with City and all other losses, liabilities, claims, charges, demands and causes of action, known or unknown, suspected or unsuspected, arising directly or indirectly out of or in any way connected to Employee’s employment with City or the separation from such employment (collectively, “Released Claims”). Released Claims include, but are not limited to, any claim based in common law, the state or federal Constitution, state or federal statutes, all contract or tort claims (such as wrongful termination, constructive discharge, breach of contract, breach of the covenant of good faith and fair dealing, fraud, defamation, libel, invasion of privacy, and intentional or negligent infliction of emotional distress), any claim for retaliation based on the filing of a workers compensation claim, and all related claims for physical injuries, illness or damage (except any workers compensation claim that is pending as of the effective date of the Agreement), and all claims for attorneys’ fees, costs and expenses, grievances, claims and/or appeals under federal or state law or due process. Nothing in this Agreement shall be interpreted to waive any non-waivable statutory rights afforded to Employee. Released Claims, as set forth herein, shall not include unemployment benefits, or claims that one party may have against another party arising from or related to the enforcement or performance of this Agreement. Further, released claims shall not include, nor be construed as, a waiver of Employee’s rights under Government Code sections 825 and 995, including any pending litigation against the City in which Employee is currently or may become a named defendant.
10. Waiver of Civil Code Section 1542. It is understood and agreed that the releases as referred to herein are full and final releases by each party of the other, and that such full and final releases include, without limitation, all unknown and unanticipated claims, injuries, debts, 4 or damages, as well as those now known or disclosed. With respect to all claims, each of the Parties expressly waives the provisions of California Civil Code section 1542, which provides as follows:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
In furtherance thereof, each of the Parties realizes and acknowledges that one or more of the Released Claims may include losses sustained by that party on account of the other that are presently unknown or unsuspected, and that such losses as were sustained may give rise to additional losses and expenses in the future which are not now anticipated. Nevertheless, each of the Parties acknowledges that this release has been negotiated and agreed upon and that in consideration for the rights and benefits under this Agreement, the Parties intend and hereby do release, acquit and forever discharge each other from any and all claims, including those that are unknown, unsuspected or unforeseen or that are presently unknown and unanticipated.
11. ADEA Release and Time to Sign and Revoke Agreement. Employee represents that he is over the age of 40. Further, Employee acknowledges his waiver and release hereunder of any rights he may have under the Age Discrimination in Employment Act (ADEA) is knowing and voluntary and that the consideration given for his waiver and release in this Agreement is in addition to anything of value to which Employee was already entitled.
Employee further acknowledges that he has been advised by this writing as required by the Older Workers Benefit Protection Act, that: (a) his waiver and release of rights in this Agreement does not apply to any rights or claims that may arise after this Agreement is executed; (b) he should consult with an attorney prior to executing this Agreement; (c) he has had at least twenty-one (21) calendar days from the date he first receives this Agreement to obtain the advice of counsel from the legal representative of his choice and to decide whether to sign it (although he may, by his own choice, execute this Agreement earlier), and any negotiated revisions to the document after that date do not re-start this period; (d) he understands that for seven (7) calendar days after he signs this Agreement he has the right to revoke it; and (e) the Agreement shall not become effective and enforceable until the date upon which the revocation period has expired, which shall be the eighth day after the Agreement is executed by Employee (the “Effective Date”). If Employee chooses to revoke, notice must be sent to and received by City Attorney Trevor Rusin, City of Malibu, 23825 Stuart Ranch Road, Malibu, CA 90265, by no later than the time frame referenced above (i.e., seven (7) calendar days after Employee signs the Agreement).
12. Warranty of No Filed Claims/Covenant Not to Sue.
a. Other than a workers compensation claim that is pending as of the effective date of this Agreement, Employee represents that he has not filed any complaint, grievance, claim, or action against City or any of its Council Members, officers, agents, directors, employees, or representatives with any state, federal, or local agency, board, arbitrator, or court based on any matters arising out of his employment with City and/or his separation from City employment. b. Employee further covenants not to sue or file any complaint, grievance, claim or 5 action at any time hereafter based on any matters arising out of or in any way relating to his employment with City or separation from City employment, that could have been filed as of the Effective Date of this Agreement.
c. With the exception of Employee’s workers’ compensation claim that is pending as of the effective date of this Agreement, to the extent that any actions, causes of action, claims, charges, grievances, etc. by or on behalf of Employee are/or become, pending in any forum, Employee agrees to disclose such and to execute all documents necessary for the withdrawal or dismissal of such actions, causes of action, claims, etc., with prejudice, forthwith. Nothing in this Agreement shall be construed to prohibit Employee from filing a charge or participating in any investigation or proceeding conducted by the EEOC or a comparable state or local agency.
Notwithstanding the foregoing, Employee hereby agrees to, and does, waive his right to recover monetary damages in any charge or lawsuit filed by Employee or anyone else on his behalf.
13. No Admission of Liability. This Agreement and compliance with it shall not operate or be construed as an admission by either party of any liability, misconduct, or wrongdoing whatsoever against the other or any other person; nor as an admission by City of any violation of the rights of Employee or any other person; nor as a violation of any order, law, statute, duty, or contract whatsoever against Employee or any other person. Rather, the Parties expressly deny any liability to one another.
14. Neutral Interpretation, Mutual Drafting and Governing Law. This Agreement shall be deemed to have been jointly drafted by the Parties and shall be governed by and construed in accordance with the laws of the State of California. Any uncertainty or ambiguity may not be interpreted for or against any one Party. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
15. Notice. Any notices or other communications to be given to either party pursuant to this Agreement shall be in writing and delivered personally or by U.S. Mail, postage prepaid, addressed to the party at the address set forth below. Notice so mailed shall be deemed delivered three (3) business days after deposit in the U.S. Mail. Nothing shall preclude the giving of notice by fax, which shall be effective upon receipt of the fax; provided, however, that notice by fax shall be followed by notice deposited in the U.S. Mail as discussed above.
CITY: Mayor and City Council
City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265
ATTN: Mayor and City Manager
EMPLOYEE: Steven L. McClary
[Last Address on file with City]
16. No Assignment of Claims. Employee expressly warrants that he has not transferred to any other person or entity any of the rights or causes of action released in this Agreement.
6 17. Entire Agreement. This Agreement constitutes the entire agreement between Employee and City. No other promise or inducement has been offered for this Agreement. Any amendments to this Agreement must be in writing, signed by duly authorized representatives of both City and Employee, and must state that the parties intend to amend the Agreement. Neither of the Parties are relying upon any other negotiations, discussions or agreements in connection with the subject matter of this Agreement. This is a fully integrated agreement.
18. Attorneys’ Fees and Costs. The Parties hereto shall pay their own attorneys’ fees, expenses and costs incurred in connection with all disputes arising out of, relating to or connected with Employee employment with City, the separation thereof and the negotiation and preparation of this Agreement.
19. Severability and Waiver.
a. If any provision of this Agreement is adjudicated by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement which can be given full force and effect without the invalid provision shall continue in full force and effect and shall in no way be impaired or invalidated.
b. Any of the terms or conditions of this Agreement may be waived at any time by the party entitled to the benefit thereof, but no such waiver shall affect or impair the right of the waiving party to require observance, performance or satisfaction either of that term or condition as it applies on a subsequent occasion or of any other term or condition hereof.
20. Advice of Counsel. Employee agrees that he has been advised to seek the advice of his own counsel prior to executing this Agreement.
21. Choice of Law; Venue of Actions; Costs and Fees Regarding Enforcement of Agreement. This Agreement shall be interpreted according to the laws of the State of California.
Venue of any legal action shall be in Los Angeles County Superior Court. If any legal action is instituted to enforce any provision of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of its provisions, the court shall award the prevailing party reasonable attorneys’ fees and other litigation costs incurred in that action, in addition to any other relief to which the prevailing party may be entitled. Nothing in this section shall prevent the parties from mutually agreeing to binding arbitration of any dispute, in which case the arbitrator may award attorneys’ fees and litigation costs to the prevailing as described above.
22. Voluntary Execution of Agreement. Employee represents that he has carefully read this entire Agreement and that he knows and understands its contents. The Parties have each had the opportunity to receive independent legal advice from attorneys of their choice with respect to the preparation, review, and advisability of executing this Agreement. The Parties further represent and acknowledges that they have freely and voluntarily executed this Agreement after independent investigation and without fraud, duress, or undue influence, with a full understanding of the legal and binding effect of this Agreement and with the approval of legal counsel, if any.
7 23. Counterparts. The Agreement may be executed in two or more counterparts, including via facsimile or electronically-transmitted signature, each of which shall be deemed an original, but all of which together shall constitute one-in-the-same document.
Dated: _______________
Steven L. McClary
Dated: ________________ __ City of Malibu
By:
Doug Stewart
Mayor
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
Agenda Item # 5.A.
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Tyler Eaton, Principal Planner
Reviewed by: Maureen Tamuri, AIA, AICP, Interim Planning Director Approved by: Joseph D. Toney, Acting City Manager
Date prepared: March 7, 2025 Meeting date: March 10, 2025 Subject: Local Coastal Program Amendment No. 25-001 and Zoning Text Amendment No. 25-001 – An amendment to the Malibu Local Coastal Program and Malibu Municipal Code Title 17 (Zoning) Modifying Standards and Procedures to Facilitate the Rebuilding of Structures Damaged or Destroyed by the 2025 Palisades Fire, 2024 Franklin Fire, and 2024 Broad Fire
RECOMMENDED ACTION: Continue this item to the March 12, 2025 11:00 a.m.
Adjourned Regular City Council meeting.
DISCUSSION: On March 6, 2025, the City Council introduced Ordinance No. 524, approving Local Coastal Program Amendment No. 25-001, an amendment to the Local Coastal Program and Zoning Text Amendment No. 25-001, an amendment to Title 17 (Zoning) of the Malibu Municipal Code updating regulations to facilitate the rebuilding of structures damaged or destroyed by natural disasters, including but not limited to, the 2025 Palisades Fire, 2024 Franklin Fire, and 2024 Broad Fire, and directed staff to schedule the second reading and adoption of Ordinance No. 524. Government Code Section 36934 dictates that ordinances shall not be passed within five days of their introduction and may only be adopted at a regular or adjourned regular meeting. To meet these requirements, staff recommends adjourning the March 10, 2025 to March 12, 2025 at 11:00 a.m. and continuing the public hearing for the second reading and adoption of Ordinance No. 524 to that date and time.
City Council Meeting
03-10-25
Item
5.A.
Agenda Item # 6.A.
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Alexis Brown, Deputy City Manager
Reviewed by: Kelsey Pettijohn, City Clerk
Approved by: Joseph D. Toney, Acting City Manager
Date prepared: March 5, 2025 Meeting date: March 10, 2025 Subject: Establishment of Recurring Supplemental Council Meetings on Alternating Weeks of Regular City Council Meetings In Response to Palisades Fire, and Reorganization of City Council Agenda Format RECOMMENDED ACTION: 1) Establishment of Recurring Supplemental City Council meetings on Thursdays at 3:00 p.m. each week there is not a Regular City Council meeting for a period of three months; and 2) Adopt Resolution No. 25-10 superseding and replacing Section 1 of Resolution No. 24-39 and establishing the format for Regular City Council Meetings.
FISCAL IMPACT: No additional appropriation is required.
Establishing recurring special meetings will result in additional staff time and resources for meeting preparation, documentation, and support.
STRATEGIC PRIORITY: This item was not included in the Adopted FY 2024-25 Strategic Priority Project List, but this has been prioritized due to the declared emergency.
DISCUSSION: The City Council has requested that staff return with a recommendation regarding the scheduling of recurring supplemental meetings to allow for additional discussion, policy deliberation, and administrative updates regarding the Palisades Fire.
These meetings will provide an opportunity to address pressing city matters in a structured setting without waiting for the next regularly scheduled council meeting.
City Council Meeting
03-10-25
Item
6.A.
Agenda Item # 6.A.
These special meetings are being established specifically to allow the City Council to meet and make policy decisions regarding the City's response to the Palisades Fire.
Given the ongoing recovery efforts, emergency management coordination, and the need for swift action on community assistance programs, these meetings will provide a dedicated forum for discussing fire-related impacts, resource allocation, and long-term mitigation strategies.
Currently, Regular City Council meetings are held on the 2nd and 4th Monday of each month at 5:30 PM. Establishing recurring special meetings on alternating weeks will allow for greater flexibility and responsiveness in addressing fire recovery and resilience efforts.
Staff are recommending that the 1st and 3rd Thursday of each month at 3:00 PM be established as the supplemental meetings. The day and time will be a placeholder as an agenda will be required in order to conduct the meetings. Meetings may be canceled if there is no agendized topic to discuss.
In addition, the City Council directed staff to reorganize the agenda format to move Commission/Committee/City Manager Updates and City Council Reports to the end of the meetings. This format is a consistent practice amongst many municipal agencies.
The intent is to allow the Council to focus on regular City business and take action on those items more efficiently. Furthermore, this allows for more public engagement on the actionable items by deliberating on those matters at an earlier time. The Council also discussed the possibility of moving or limiting the time of public comment, as well as a time limit on the Council Reports; Council may consider deliberating on these points for possible inclusion in the resolution.
ALTERNATIVES:
1. Modify the Day and/or Time proposed
2. Hold Meetings on an As Needed Basis
3. Adjust the frequency of the meetings
ATTACHMENT: None.
RESOLUTION NO. 25-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
SUPERSEDING AND REPLACING SECTION 1 OF RESOLUTION NO. 24-39
AND ESTABLISHING THE FORMAT FOR REGULAR CITY COUNCIL
MEETINGS
The City Council of the City of Malibu does hereby find, order, and resolve as follows:
SECTION 1. This resolution supersedes and replaces Section 1 of Resolution 24-39.
The following format for regular City Council agendas is hereby adopted:
A. Format: The format of the City Council agendas shall be as follows unless otherwise re-ordered by Council at a specific meeting.
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Closed Session Report
5. Report on Posting of the Agenda
6. Approval of the Agenda
7. Consent Calendar
8. Presentation(s)
9. Written and Oral Communications from the Public
10. Ordinances and Public Hearings
11. Old Business
12. New Business
13. Council Items
14. Commission/Committee/City Manager Updates
15. City Council Reports
16. Adjournment
SECTION 2. 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 ________ 2025. _____________________________
DOUG STEWART, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
Resolution No. 25-10
_____________________
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
Agenda Item # 7.A.
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Nathaniel McLean, Assistant Engineer
Reviewed by: Rob Duboux, Public Works Director/City Engineer Kristin Riesgo, Community Services Director
Approved by: Joseph D. Toney, Acting City Manager
Date prepared: February 20, 2025 Meeting date: March 10, 2025 Subject: Malibu Permanent Skate Park Project
RECOMMENDED ACTION: 1) Approve the award of bid and authorize the Mayor to execute an agreement with C.S. Legacy Construction, Inc. in the amount of $4,135,663.50 for the construction of the Malibu Permanent Skate Park Project, Specification No. 2112; and 2) Authorize the Public Works Director to approve any potential change orders up to 15%; 3) Appropriate $2,499,775.50 from the General Fund Undesignated Reserve, $48,710 from the General Fund Case/Crummer Designated Reserve, $150,000 from the 600 Spring LLC Settlement Agreement, and $185,822 from the OGALS Per Capita Grant for the construction of the Permanent Skate Park, Specification No. 2112; and 4) Provide direction related to funding and Council Policy #52, Naming Rights for Public Facilities.
FISCAL IMPACT: Funding for the Permanent Skate Park Project was included in the Adopted Budget for FY 2024-25, for a total amount of $2,500,000. Based upon the construction bids for this project, an additional appropriation of $2.9 million is needed with $2,499,775.50 from the General Fund Undesignated Reserve, $48,710 from the General Fund Case/Crummer Designated Reserve, $150,000 from the 600 Spring LLC Settlement Agreement, and $185,822 from the OGALS Per Capita Grant to Account No. 310-9090- 5100 (Permanent Skate Park) is needed to complete this project. As of June 30, 2024, the budget General Fund Undesignated Reserve at June 30, 2024 is $75.5 million.
City Council Meeting
03-10-25
Item
7.A.
Agenda Item # 7.A.
Adopted Budget Estimated Costs Amended
Budget
General Fund
Case/Crummer
Designated Reserve
General Fund
Designated CIP
Subtotal
$282,486
$2,217,514
$2,500,000
Design Services
Construction Bid
Construction Mgmt.
Change Orders
Subtotal
$184,307.50
$4,135,663.50
443,986.98
$620,349.52
$5,384,307.50 Total
($2,884,307.50)
Funding Shortfall $2,884,307.50
STRATEGIC PRIORITY: This item supports the Malibu Permanent Skate Park priority identified in the Adopted FY 2024-25 Strategic Priority Project List.
DISCUSSION: In 2019, the City Council approved using the Case/Crummer property as the location for the Temporary Skate Park and authorized staff to release a Request for Proposal (RFP) for the design of a 12,500-square-foot permanent skate park on the same property. The Temporary Skate Park opened on July 3, 2020, while the permanent skate park was being designed on the east portion of the property. Several public design meetings in addition to presentations at the Parks and Recreation and Public Works Commission meetings occurred in 2020 and 2021, with the final design approved by the Planning Commission in 2023. In 2024, the City Council approved a Settlement Agreement with 600 Spring LLC that included project modifications. The Malibu Permanent Skate Prak was released for public bidding in December 2024 and included the construction of a new custom, in-ground, cast-in-place skate park, along with associated site improvements such as grading, drainage, erosion control, landscaping, electrical work, new water lines, irrigation, and the installation of a prefabricated restroom.
On January 30, 2025, the City received three (3) construction bids summarized below:
Contractor Bid Amount
C.S. Legacy Construction, Inc. $4,135,663.50
Troy Company $5,058,690.77
GMZ Engineering, Inc. $5,093,771.00
C.S. Legacy Construction, Inc. provided the lowest bid. Staff reviewed the bid documents and found them to be in order and in conformance with the contract bid requirements. Staff verified the contractor’s license with the Contractor’s State License Board and found it current and active. References were also verified for C.S. Legacy Construction, Inc.’s work, and staff found their work satisfactory. Staff have determined that C.S. Legacy Construction, Inc., is qualified to complete the proposed work for the project.
Agenda Item # 7.A.
Council Policy #44 requires that all proposed appropriations over $10,000 be reviewed and discussed by the Administrative and Finance (A&F) Subcommittee before being presented to the Council. A&F will review the Project on March 6, 2025, and staff will provide an update regarding A&F’s recommendation at the March 10, 2025, Regular City Council meeting.
At the Regular meeting on February 24, 2025, the City Council reviewed draft Policy #52, Naming Rights for Public Facilities (Policy), and made no changes. The final Policy adoption will be presented at the March 10, 2025 Regular meeting. The City Council is asked to review and provide direction related the following items, • Determine if the Malibu Permanent Skate Park is eligible for naming rights • Direct staff to proceed with donor outreach
• Direct the Parks and Recreation Commission to review potential donors, names, term, signage, etc. and provide a recommendation(s) to City Council • Determine a contribution(s) threshold for naming rights • Determine other funding sources
Staff recommends that the City Council authorize the Mayor to execute an agreement with C.S. Legacy Construction, Inc. and authorize the Public Works Director to approve potential change orders up to 15% of the total contract amount. Once approved, staff will process the contract and issue a Notice to Proceed for the project. Additionally, staff recommends City Council appropriate $2.9 million with $2,499,775.50 from the General Fund Undesignated Reserve, $48,710 from the General Fund Case/Crummer Designated Reserve, $150,000 from the 600 Spring LLC Settlement Agreement, and $185,822 from the OGALS Per Capita Grant. City Council should also provide direction related to funding and determine eligibility and implementation of Council Policy #52, Naming Rights for Public Facilities.
ATTACHMENTS:
1. Public Works Agreement with C.S. Legacy Construction, Inc.
2. City Council Policy #52 Naming Rights for Public Facilities
CITY OF MALIBU
PUBLIC WORKS AGREEMENT
This Public Works Agreement (“Agreement”) is made and entered into as of the date executed by the Mayor and attested to by the City Clerk, by and between C.S. Legacy Construction, Inc. (hereinafter referred to as “CONTRACTOR”) and the City of Malibu, California, a municipal corporation (hereinafter referred to as “CITY”).
R E C I T A L S
A. Pursuant to the Notice Inviting Sealed Bids for Malibu Permanent Skate Park Project bids were received, publicly opened, and declared on the date specified in the notice.
B. On March 10, 2025, Malibu’s City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR.
C. The City Council has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Malibu Permanent Skate Park Project in the City of Malibu.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed:
1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Malibu Permanent Skate Park Project in the City of Malibu. The work shall be performed in accordance with the Plans and Specifications dated (and as generally described in the “Notice Inviting Bids,” attached as Exhibit A) and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal (attached as Exhibit B) and in accordance with the instructions of the City Engineer, or City’s Manager’s designee.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The contract documents for the aforesaid project, a complete set of which is on file with the Malibu City Clerk’s Office, shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Standard Specifications, Special Provisions, and all referenced specifications, details, standard drawings, and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement, and the Standard Specifications, in Public Works Agreement
C. S. Legacy Construction, Inc.
that order, shall control. Collectively, these contract documents constitute the complete agreement between CITY and CONTRACTOR and supersede any previous agreements or understandings.
3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 115 consecutive working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay CITY as liquidated damages, not as a penalty, the sum of $1000 per day for each and every day of unauthorized delay beyond the completion date, which amount shall be deducted from any payments due or to become due the CONTRACTOR.
5. PREVAILING WAGES:
A. Pursuant to Labor Code Section 1720, and as specified in Title 8, California Code of Regulations, Section 16000 et seq., CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws.
B. In accordance with Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site.
C. CITY directs CONTRACTOR’s attention to Labor Code Sections 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor.
D. Labor Code Section 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the Public Works Agreement
C. S. Legacy Construction, Inc.
apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:
(1) When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or
(2) When the number of apprentices in training in the area exceeds a ratio of one to five, or
(3) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or
(4) When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.
(5) CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions.
(6) CONTRACTOR and any subcontractor must comply with Labor Code Sections 1777.5 and 1777.6 in the employment of apprentices. (7) Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations (DIR), ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
E. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost.
F. CONTRACTOR and its subcontractors must comply with Labor Code Sections 1725.5 and 1777.1, including the requirement that registration with the DIR be maintained through the term of the Project. The City may, from time to time, request evidence of current registration.
Public Works Agreement
C. S. Legacy Construction, Inc.
6. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.
CONTRACTOR shall forfeit, as a penalty to CITY, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any subcontractor under it, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code.
7. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.
8. CONTRACTOR'S LIABILITY: The City of Malibu and its officers, agents and employees (“Indemnitees”) shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work.
CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever.
CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of CITY. In connection therewith:
a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith.
b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom.
Public Works Agreement
C. S. Legacy Construction, Inc.
c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees.
CONTRACTOR'S obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by CITY may be retained by CITY until disposition has been made of such actions or claims for damages as aforesaid.
It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.
This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees.
CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.
9. THIRD PARTY CLAIMS. In accordance with Public Contracts Code Section 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of this Agreement. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any thirdparty claim.
Public Works Agreement
C. S. Legacy Construction, Inc.
10. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
11. INSURANCE: With respect to performance of work under this contract, CONTRACTOR shall maintain and shall require all of its subcontractors to maintain insurance as required in the Standard Specifications.
12. ASSIGNMENT: This contract is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect.
14. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY.
15. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date.
16. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession.
CONTRACTOR shall maintain a City of Malibu business license, if required under CITY ordinance.
17. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining Public Works Agreement
C. S. Legacy Construction, Inc.
to this Agreement and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for three years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours.
18. SEVERABILITY. If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect provided that it does not frustrate the mutual intent of the parties herein.
19. WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein.
Each party to this contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this contract shall not be valid or binding. Any modifications of this contract will be effective only if signed by the party to be charged.
20. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This Agreement may be modified by written amendment. CITY’s City Manager may execute any such amendment on CITY’s behalf.
21. NOTICES: All notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose.
Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.
CITY OF MALIBU
23825 Stuart Ranch Road
Malibu, CA 90265
Attn: Robert DuBoux, Public Works Director/City Engineer Public Works Agreement
C. S. Legacy Construction, Inc.
CONTRACTOR
C. S. Legacy Construction, Inc.
675 Brea Canyon Rd., Ste. 8
Walnut, CA 91789
Attn: Gregg Strumpt, President
22. DISPUTES. Disputes arising from this contract will be determined in accordance with the contract documents and Public Contracts Code Sections 10240-10240.13.
23. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of race, religion, color, medical condition, sex, sexual orientation, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735.
24. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.
25. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents.
26. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. 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 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.
27. GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County.
4 NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that sealed bids for the City of Malibu, MALIBU PERMANENT SKATE PARK PROJECT, SPECIFICATION NO. 2112, will be received by the City Clerk, at Malibu City Hall, 23825 Stuart Ranch Road, Malibu, California, 90265 at or before 3:30 p.m. on Thursday, JANUARY 16, 2025, at which time they will be publicly opened and read by the City Clerk (or designated representative).
SCOPE OF WORK
In general, the proposed improvements consist of a new custom, in-ground, cast in place skate park, grading, drainage, erosion control, landscaping, electrical work, new water lines, irrigation, the installation of a prefabricated restroom and all other appurtenant work included and shown in the Contract Documents and Specifications.
The bid shall be submitted and the work shall be performed by a Class “A” State of California licensed contractor in strict conformance with the project specifications for MALIBU PERMANENT SKATE PARK PROJECT Specification No. 2112 now on file in the City’s Public Works Department.
An electronic copy of plans and specifications may be obtained by prospective bidders from the Public Works Department through [email protected].
All prospective bidders shall abide by the provisions of the Bid Terms and Conditions listed in the project’s specifications.
The City reserves the right to retain all bids for a period of 90 days after the bid opening date for examination and comparison and to delete any portion of the work from the Contract. The City reserves the right to determine and waive nonsubstantial irregularities in any bid, and to reject any or all bids. The bid shall be balanced so that each bid item is priced to carry its share of the cost of the work and also its share of the contractor’s overhead and profit. The City reserves the right to delete any bid item to the extent that the bid is qualified by specific limitation. An unbalanced bid shall be considered as grounds for rejecting the entire bid. The City shall award the bid to the lowest responsible bidder as the interest of the City may require.
In accordance with the provisions of Division 2, Part 7, Chapter 1 of the California Labor Code, the California Department of Industrial Relations has established the general prevailing rates of per diem wages for each craft, classification and type of work needed to execute contracts for public works and improvements. The per diem wages published at the date the contract is advertised for bids shall be applicable. Future effective wage rates which have been predetermined are on file with the Department of Industrial Relations, are referenced but not printed in said publication. The new wage rates shall become effective on the day following the expiration date and apply to this contract in the same manner as if they had been included or referenced in this contract. The website for California Department of Industrial Relations Prevailing Wage Unit is currently located at www.dir.ca.gov, prevailing wages are located on the website at http://www.dir.ca.gov/dlsr/pwd/index.htm.
EXHIBIT A
5 The wage rate for any classification not listed by the California Department of Industrial Relations, but which may be required to execute the proposed contract, shall be in accord with specified rates for similar or comparable classifications or for those performing similar or comparable duties, within the agency’s determinations.
At the time of submitting the bid the Bidder shall be registered with the California Department of Industrial Relations in accordance with the provisions of Section 1771.1 of the California Labor Code, as amended by Senate Bill 854. No public work contract may be awarded to a non-registered contractor or subcontractor.
Without exception, the bidder is required to state the name and address of each subcontractor who will perform work or labor or render service to the prime contractor and the portion of the work which each will do in their bid as required by Section 2-3, "Subcontracts", of the Standard Specifications and in conformance with Public Contract Code, Sections 4100 to 4113, inclusive.
The City will not consider awarding any contract based upon any bid submitted by any contractor nor consent to subletting any portions of the Contract to any subcontractor located in a foreign country during any period in which such foreign country is listed by the United States Trade Representative as discriminating against U.S. firms in conducting procurements for public works projects.
All bidders are hereby notified that any contract entered into pursuant to this advertisement, Business Enterprises must be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color or national origin consideration for an award.
The Contractor may substitute securities for retention monies pursuant to Public Contract Code Section 22300.
Date this 3rd day of December, 2024
CITY OF MALIBU, CALIFORNIA
__________________________________________________
Rob DuBoux, Public Works Director/City Engineer
Published: Malibu Times on December 19, 2024 and December 26, 2024
CITY OF MALIBU
PUBLIC WORKS DEPARTMENT
CONSTRUCTION BID COVER PAGE FOR
MALIBU PERMANENT SKATE PARK PROJECT
Specification No. 2112 lncluding 170 Pages of Skate Park Technical Specmcations located in Appendix E and 74 Sheets of Plans located in Appendix G.
Bids to be Received on or before JANUARY 16, 2025 AT 3:30 PM.
Completion Time: 115 Consecutive Working Days, Skate Park portion of project shall be completed and ready for public to use by the end ofAugust 2025.
Liquidated Damages:
A. Failure to complete work on time: $1,000.00 Per Calendar Day (Sec. 6-9.1) Number of Pages in Construction Bid: 16
The bid shall be balanced so that each bid item is priced to carry its share of the cost of the work and also its share of the contractor’s overhead and profit. The City reserves the right to delete any bid item to the extent that bid is qualified by specific limitation. An unbalanced bid shall be considered as grounds for rejecting the entire bid.
CONTRACTOR SHALL SUBMIT PAGES 13 THROUGH 29 FULLY EXECUTED WITH
THIS BID
13 CONTRACTOR
Name 9S. LMMM (om’WVmM . ‘HC- J J
StreetAddress l'n’l5 @rm («mum QA‘STE% J
City UUmlnuk State CA. Zip Code AWM
Telephone Moon 60w am
Fax Number Moon 5m 1 \l m (Optional)
Email mammslwm mer
J Jo a J
EXHIBIT B
INSTRUCTIONS FOR SIGNING BID, BONDS AND CONTRACT
Corporations
a) Give name of Corporation.
b) Signatures: President or Vice-president and Secretary or Assistant Secretary.
c) Affix corporate seal and notary's acknowledgment where noted or required. d) Others may sign for the corporation ifthe City has been furnished a certified copy of a resolution of the corporate board of directors authorizing them to do so.
Partnerships
a) Signatures: All members of partnership. One may sign if City has a copy of authorization
b) Affix notary's acknowledgment where noted or required.
Joint Ventures
a) Give the names ofthe joint venturers.
b) Signatures: All joint venturers. One may sign if City has a copy of authorization.
c) Affix notary's acknowledgment where noted or required. a) Signature: The individual.
b) Affix notary's acknowledgment where noted or required.
Another may sign forthe individual ifthe City has been furnished a notarized power-of-attorney authorizing the other person to sign.
Fictitious Names
a) Show fictitious names.
b) Satisfy all pertinent requirements show above.
Bonds
a) In addition to all pertinent requirements above, give signature of Attorney-infact and apply surety‘s seal and provide address and telephone number of said surety.
PLEASE ADHERE TO THE APPLICABLE SIGNING INSTRUCTIONS
14 CONTRACTOR’S BID STATEMENT
City of Malibu
Malibu, Califomia 90265
Pursuant to the foregoing Notice Inviting Bids, the undersigned declares that he/she has carefully examined the location of the proposed work, that he/she has examined the Plans and Specifications and read the accompanying instructions to bidders, and hereby proposes to furnish all materials and to do all the work required to complete such work in accordance with such Plans and Specifications for the prices set forth in this Bid.
The undersigned has carefully checked all the figures in this Bid and understands that City will not be responsible for any error or omission on the part of the undersigned in preparing this bid nor will City release the undersigned on account of such error or omission.
The undersigned swears or affirms under penalty of perjury that the information regarding the Contractor's License is true and correct.
The undersigned further agrees that in case of default in executing the required Contract within the applicable ten (10) calendar days or thereafter failing to provide the necessary bonds, within ten (1 0) calendar days after the contract has been fully executed, the proceeds of check or bond accompanying the bid shall become the property of the City of Malibu.
Licensed in accordance with an act providing for the registration of Contractor‘s License No. (3$k%’\0 Class Ri\§,(x’li\ Expiration Date t0 —3l ’z5 Names of Co—Partners or Corporation Officers and Titles:
mmtt Mi n+ t w 0km
l A/
of Bidder Plesidmf’
Address W5 @Jw (amen @d'STE‘b \mdwh Cf—L’H’Wot J
Cutvurw‘n‘on CR -
Doing Business as Ihdividual/Partnership/Corporation State of Incorporation Federal Tax Identification Number ¢ O r OZbl b 85
California Department of Industrial Relations Identification Number \OOOOOZGM‘l
ALL SIGNATURES MUST BE NOTARIZED
(Attach or Affix Executed Acknowledgement Form,
and Corporate Seal if Applicable
15 U Title Signature of Bidder
Title
Name of Contractor or Firm Date of Submittal (H a ‘50 ’ L5 C steamm (nmmdrioa .\nc. d J Telephone No. WW“) 5M ’ WM”
ACKNOWLEDGMENT
A notary public or other omcer completing this
certmcate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of Califomia
County of LOS ANGELES )
(insert name and title of the officer)
personally appeared GREGG STRUMPF
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
y
WITNESS my hand and omcial seal.
Attachment No.1
PROPOSED BID SCHEDULE OF WORK AND PRICES
FOR THE CONSTRUCTION OF
MALIBU PERMANENT SKATE PARK PROJECT
SPECIFICATION NO. 2112
Item
No.
Payment
Reference Description Quantity Unit
Unit
Price Total
0 /W5
I
., / Fj'vav
1. 904—2 Mobilization 1 LS XXXX ”MG
2. 901-10 Traffic Control 1 Ls xxxx ewmeoo
3. 906-5 SWPPP 1 LS XXXX WZ. h5it60
4. 914-2 Demolition of Temporary Skate
Park
1 LF wowow $ L9, wee
5. 910-3 Removal and Disposal of Existing
AC and Concrete Pavement
4700 CF $ w ‘60 ¢awl W‘ go
6. 908-2 Earthwork 1 LS XXXX NON Wl500
7. 908-2 Trenching 8500 LF $Z‘O1 $11.5M5-OO
8. 909-2 Storm Drain improvements 1 LS XXXX g 309,7? o
9. 909-2 Sump Pump 1 EA eunomo eudéevoo
10. 909-2 Bioretention Basin 1 LS }¥]000
’ ’QvKW/y /
1 1. 91 0-3 Wheel Stops 11 EA $1602; $lnlbz 68
12. 910-3 Accessible Parking Signs 2 EA ‘ctmeéo e we'l ~$r oo
13. 910-3 Decomposed Granite 1751
14. 910-3 Asphalt Pavement 4000 SF $25.00 M2 2‘40 00
15. 910-3 Concrete Curb and Gutter 220 LF elgaet $zm§16¢o
16. 910-3 Concrete Pavement 2450 SF sail .001 $53,010. 50
17. 910-3 Curb Ramp with Detectable
Warnings
“’5 SF w 11 $0,106 es
18. 91 1-2 Irrigation System 4850 LF ”/7 7" um ac?
19. 91 1 -2 Landscaping 1 LS XXXX 3 W a a0
20. 911-2 Chain Link Fence 180 LF 255. 00 $141 goo no
21. 91 1-2 Chain Link Gate 5 LF $10015 15 l .900 15
22. 91 1-2 Wavetop Fence 31o LF $0940.00 $%1.zwo 00
23. 911-2 Metal Picket Gate 5 LF $1,1lo’l v5
24. 91 1-2 Picnic Tables 6 'W”
’39)? EAA :
25. 911-2 Benches 8 Wt)’ EA .a'
26. 911-2 Bike Rack 1 EA' $2.30 a; ‘ I
27. 91 1-2 Cobble Mulch eoo ma SF WM
28. 91 1-2 Engineered Wood Fiber 15540 SF t. II-LV, l /7'7.7?$3 =‘LL
29. 913-2 Electrical Work 1 Ls xxxx Swim .00
30. 912-2 Sanitary Sewer Line 580 LF $004.00 $05,503.15
31. 912-2 Water Lines 525 LF 1000.51 “03.000105
32. 912-2 Drinking Fountain 1 LS xxxx pl, .
33. 914-2 Skate Park Ls xxxx ' 01.04500 05
Attachment No.1
I/
/
The contractor shall be responsible for calcuiating and providing totals for the schedule.
The bid schedule shall include all costs for service, labor and materials, transportation, supervision, equipment and installation associated with the work complete and in place per these specifications.
g “f wdkw'vl ’aao MmJ/c‘/‘Aa/I/ 'g&&
§
WMSaw/bt
dead; W, ’Sqc ~gnwy‘mn 14 myCe 473‘y ,(77 4%“
Contractor Submitting Bid: US-LMNW (nuttvvdoon.\hc~ J 3 By: l i
TOTAL AMOUNT OF BID IN WORDS:
(f1 “0% S kw? ?ms(0(w:l’
Date: l l ' ’50 ' L‘l "
34. 915-2 Romtec Prefabricated Restroom 1 LS XXXX $5b3fl'L5Pl’!
35. 907-5 Record of Construction Changes 1 Ls xxxx :1, 5§1 . 50
36. 7-6 Release on Contract 1 LS XXXX $1 .00 ,
TOTAL Ll /.3.$'. 0/6
The following addenda are acknowledged: Number Date
(Bidder must fill in number and date of each \— \‘5— ze addendum or may enter the word “None” if
appropriate.)
I make this Proposai and certify under penalty of perjury that all the statements in this bid thatl have signed are true and correct.
Contractor’s Name USA/Quilt (Dm’twetionJnc. Date 0 ’0‘6 ”LS l Title @utdmt— Signatu re
Contractor’s Name Date
Title Signature
18 BIDDER’S BOND TO ACCOMPANY BID
(in lieu of cash, certified or cashier's check)
KNOWALL PERSONS BY THESE PRESENTS:
That we, C.S. Legacy Construction, Inc‘ , as Principal, and Nationwide Mutual Insurance Company , as Surety, acknowledge ourselves jointly and severally bound to the City of Malibu, the obligee, for ten (1 0) percent of the total bid, to be paid to said City if the Bid shall be accepted and the Principal shalt fail to execute the Contract tendered by the City within the applicable time specified in the Bid Terms and Conditions, or fails to furnish either the required Faithful Performance or Labor and Material Bonds, or fails to furnish evidence of insurance as required in the Standard Specincations, then this obligation shall become due and payable, and Surety shall pay to obligee, in case suit is brought upon this bond in addition to the bond amount hereof, court costs and a reasonable attorney‘s fee to be fixed by the court, lf the Principal executes the contract and furnishes the required bonds and evidence of insurance as provided in the bid documents, this bond shall be extinguished and released. lt is hereby agreed that bid errors shall not constitute a defense to forfeiture.
WITNESS ourhandsthis 30th day of December ,zazs.2024
CS. Legacy Construction, Inc.
Contractor
By \J ‘lttle arm mvvw' Fveqdrewy
U
JJ
By
Title
Nationwide Mutual insurance Company
Surety
By
Emmanuel Brizuela, Atto6éy-In—Fact
19 *Please See Attached Notary Acknowledgment
FORM TO ACCOMPANY BID BOND
STATE OF CALIFORNIA )
COUNTY OF ) SS.
CITY OF )
On this day of , 2025, before me, the undersigned, a
Notary Public in and for said County and State, residing therein, duiy commissioned and sworn, personally appeared proved to me on the basis
of satisfactory evidence to be the person whose name is subscribed to this instrument; and know to be the
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public in and for said
County and State aforesaid.
if certified or cashier's check is submitted herewith, state check number and Amount $
subscribed to the within instrument as the of said
And the said duly acknowledge to me that he/she
subscribed the name of thereto as Surety and his/her
own name as
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT "A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of On / 2‘- 20 ~ 102 (f before me, Jodie Lee Doner, Notary Public, personally appeared Emmanuel Brizuela
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies) and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
i Certify under PENALTY OF PERJURY under the laws of The State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
JODIE LEE DONER
NulawVentura PublicCounty
- Callfornla
Cnmkslon tl 2476MB
temmt Expim Dec t1. 1u11 - -
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
SIGNER(S) OTHER THAN NAMED ABOVE
g
m
that document. ”
State of: California
County of Ventura
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
EIINDIVIDUAL
DCORPORATE OFFICER
TITLES(S) TITLE OR TYPE OP DOCUMENT
DPARTNERS ELIMITED
DGENERAL
NUMBER OF PAGES
ATTORN EY-IN-FACT
ETRUSTEE(S)
DGUARDIAN/CONSERVATOR
[IOTHER
DATE OF DOCUMENT
SIGNER Is REPRESENTING:
NAME OF PERs0N(S) OR ENTITY(IES)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individuai who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document
State of Caiifomia
County of LOS ANGELES )
JANUARY 24, 2025 before me, GLORIA MACIAS, NOTARY PUBLIC (insert name and title of the ofFIcer)
personally appeared GREGG STRUMPF
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
On
GLORIA MACIAS Notary Public - Caiifomia Lns Angeles County § i
Commission I! 2449942 My Comm. Expires Jun 13, 2027
WITNESS my hand and omcial seal.
z
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual Insurance Company. an Ohio corporation hereinafter referred to severally as the "Cumpany" and collectively as “the Companies" dues hereby make, constitute and appoint:
each in their individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings. and other obligatory instruments of similar nature, in penalties not exceeding the sum of and to bind the Company thereby, as fully and to the same extent as if such instruments were signed bythe duly authorized emcers ofthe Company; and all act of said Attorney pursuant to the authority given are hereby ratmed and confirmed.
This power of attomey is made and executed pursuant to and by authority ofthe following resolution duly adopted by the board ofdirectors ofthe Company:
“RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys-in-fact ofthe Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require: and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limitthe authority of other duly authorized agents to sign and countersign any of said documents on behalf ofthe Company.”
“RESOLVED FURTHER, that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and [imitations ofthe power of attorney issued to them, and to amx the seal ofthe Company thereto; provided, however, that said seal shall not be necessary forthe validity of any such documents.” This power of attorney is signed and sealed under and by the following bylaws duly adopted bythe board ofdirectors ofthe Company.
Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation ofthe business ofthe company in addition to the chairman of the board, the chief executive omcer, president, treasurer or'secretary; provided, however. the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Companyi lN WITNESS WHEREOF, the Company has caused this instmment to be sealed and duly attested by the signature of its ofhcerthe ist day of April, 2024.
UNLIMITED
alga—~
Antonlo C. Albanese, Vice Prestdent of Nationwide Mutual Insurance Company
ACKNOWLEDGMENT
STATE OF NEW YORK COUNTY OF KINGS: ss
On this tst day of April, 2024, before me came the above-named omcer for the Company aforesaid. to me personally known to be the omcer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the omcer ofthe Company aforesaid, that the seal amxed hereto is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company.
Sharon Laburda
Notary Public. State of New York
Commission agires Januag 3 2026
CERTIFICATE
l, Lezlie F. Chimienti, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and th same has not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attomey the duly elected omcer of the Company, and the corporate seal and his signature as omcer were duly affixed and subscribed to the said instrument by the authorit of said board of directors; and the foregoing power of attorney is stiil in full force and effect. tN WITNESS WHEREOF, l have hereunto subscribed my name as Assistant Secretary, and amxed the corporate seal of said Company this 30m day Of December
No. 01 LAs427697
Quaiired in Kings County
2024
«(Lime J—t’x
Notary Public
My cummissiun Expires
January a, 202s
/wigs
BDJ 1(04—24)oo
é>c¥%e\
Assista nt Secretary
AARON FOSBURG; EMIVIANUEL BRIZUELA; JODIE LEE DONER; KEVIN P REED; s
—
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C .S . L E G AC Y
CON§TRUCTION, INC.
C.S. LEGACY CONSTRUCTION, INC. MINUTES OF BOARD OF DLRECTORS MEETING A SPECIAL MEETNG OF THE BOARD OF DIRECTORS OF C.S. LEGACY CONSTRUCTION, INC, A CALIFORNIA CORPORATION, WAS HELD AT 675 BREA CANYON ROAD STE #8, WALNUT, CA 91789 ON OCTOBER 8TH, 2024.
THE BOARD OF DIRECTORS OF THE CORPORATION:
GREGG STRUMPF DIRECTOR
CONSTITUTING ALL OF THE MEMBERS OF THE BOARD OF DIRECTORS WERE PRESENT AT THE MEETING.
THE MOTION WAS DULY MADE, SECONDED AND CARRIED THE FOLLOWING RESOLUTION WAS ADOPTED:
RESOLVED, GREGG STRUMPF, PRESIDENT, IS SOLELY VESTED FULL AUTHORITY TO SIGN ANY AND AN ALL CONTRACTUAL DOCUMENTS FOR THE CORPORATION, AND THEREFORE HAS THE FULL AUTHORITY TO OBILIGATE THE CORPORATION 1N ALL CONTRACTURAL MATTERS.
THE UNDERSIGNED, GREGG STRUMPF, PRESIDENT, CERTIFIED THAT GREGG STRUMPF IS THE DULY APPOINTED PRESIDENT OF C.S. LEGACY CONSTRUCTION, INC. AND THAT THE ABOVE IS A TRUE AND CORRECT COPY OF THE RESOLUTION DULY ADOPTED AT A MEETING OF BYLAWS OF SAID CORPORATION ON OCTOBER 8TH, 2024.
IN WITNESS THEREOF, I HAVE AFFIXED MY NAB/[E AS PRESIDENT OF THE CORPORATION, AND HAVE ATTACHED THE SEAL OF C.S. LEGACY CONSTRUCTION, INC. TO THIS RESOLUTION.
DATE: OCTOBER 8TH, 4
GREGG STRUMPF— RES ENT
675 Brea Canyon Road, Ste 8, Walnut. CA 91789
(909) 590-2626 (909) 590-4117 fax
wuu
STATEMENT OF BIDDER’S QUALIFICATIONS AND REFERENCES
The Bidder is required to state the bidder's financial ability and a general description of similar work performed. The City reserves the right to determine that any Bidder is not non-responsibie if it finds the information provided herein is inaccurate, misleading or false, or upon evidence of collusion or other illegal practices on the part of a Bidder.
Failure by Bidder to complete this form completely and accurately and submit it with its bid may result in rejection of the bid as non-responsive.
Required Qualifications: Bidders must hold a valid State of California Contractor's License “A” at the time the bid is submitted to the City.
The bidder must have a minimum of seven (7) years of experience constructing skate parks. Do you have a minimum of seven (7) years of experience constructing skate parks? Yes No
To demonstrate the required experience. bidders shall provide evidence of the following:
Contractors must show that they completed five (5) projects within the last seven (7) years that include the construction of a new, in—ground, cast in place skate park. The required infonnation shall be attached to the Statement of Bidder’s Qualincations and References.
Failure to provide the required information may be grounds for the City to deem the bid nonresponsrve.
Number of years engaged in providing the work included within the scope of the specifications under the present business name: $I Mear$ J List and describe fully the last three recent contracts performed by your current firm which demonstrate your ability to complete the work included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.
Reference No. 1
Customer Name Ci’m at in mtt J Contact individual 0 phone No. Mambaispo . ContractAmount 3 Z $lla ‘tn-OO Year OM t cbrvarj 202 bl Address 2%50 {Al- mi’hmm Pivt. HemeJr. Cf-l/n'e‘is
Description ofwork done ans’mlo’n‘o of e1 SOs nCr ’r Skate (k-i Svmi low mac vii ncr (K ’n d . 21 Reference No. 2
Customer Name CHM (1? VQH'YS
Contact Individual LVK J NakQm Phone No. M5S i (0% ’ 11% 1 ContractAmount S 1,!‘4L! N510 Year UMPR‘WO‘ NOVQM‘OifiOlLl Address \{H gobsb Wm‘s . CHOU/510
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Description ofwork
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Reference No. 3
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Description ofwork done “(W Con O ‘(m‘ r1 $7 a
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STATEMENT OF BIDDER’S QUALIFICATIONS AND REFERENCES
(Cont‘d)
STATE OF CALIFORNIA, COUNTYOF US MMLS J I am the Pasidmk of .‘. ox n ’mnoion nc-
, the bidder herein. i have read the foregoing stat ment and know the contents thereof; and i certify that the same is true to my knowledge, except as to those matters which are therein stated upon my information or belief, and as to those matters i believe it to be true.
Executed on :lmtwmwl ‘orh ”7/5 at lNIdmH' , California. J (Date) (Place)
l declare, under penalty of perjury, that the foregoing is true and correct. /
Signatur Bidder
fMidLnl’
Title
Signature of Bidder
Title
23 Pursuant to Section 10162 of the Public Contract Code the bidder shall state whether such bidder, any officer or employee of such bidder who has a proprietary interest in such bidder has ever been disqualified, removed, or othewvise prevented from bidding on, or completing a Federal, State, or iocal government project because of a violation of law or a safety regulation; and if so, explain the circumstances.
1. Do you have any disqualification, removal, etc., as described in the above paragraph to declare?
No
lf Yes, explain the circumstances.
Yes
MA
01a \Mlnvt , California.
ty of perjury, that the foregoing is true and correct.
Executed on
ldeclare, und r
Signature(s) ofiALuthonzed Bidder Signature(s) ofAuthorized Bidder ”it VN/whln‘r
Title Title
24 STATEMENT OF BIDDER’S PAST CONTRACT DISQUALIFICATIONS “25
e
QUESTIONNAIRE REGARDING SUBCONTRACTORS
Bidder shall answer the following questions and submit with the bid.
1. Were bid depository or registry services used in obtaining subcontractor bid figures in order to com te your bid?
Yes() No(
Ifthe answer to No. 1 is “yes”, please forward a copy ofthe rules of each bid depository you used with this questionnaire.
Did you have any sour of subcontractors’ bids other than bid depositories? Yes( ) No( )
Has any person or group threatened you with subcontractor boycotts, union boycotts or other sanctions to attempt to convince you to use the services or abide by the ruies of on or more bid depositories?
Yes( ) No (
Ifthe answer to No. 4 is “yes”, please explain the following details:
a) Date: Nix b) Name of person or group:
c) Job involved (if applicable):
d) Nature ofthreats:
e) Additional comments: (Attach additional pages as necessary) We declare under penalty of perjury that the foregoing is true and correct.
Datedthis Mm dayof/ mm ,2025.
(J) Wd’iani‘“c ‘
By
Title
25 BIDDER’S STATEMENT OF SUBCONTRACTORS AND MATERIAL FABRICATORS Without exception, the bidder is required to state the name and address of each subcontractor and the portion of the work which each will do as required by Subsection 1-6.3 of the SSPWC and in conformance with Public Contracts Code, Sections 4100 to 4113, inclusive.
Without limiting the generality of the foregoing, any contractor making a bid or offer to perform the work, shall set forth in the Bid:
(a) The name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specincations, in an amount in excess of one-half of one percent of the prime contractor's total bid; and (b) The portion of the work which will be done by each subcontractor. The prime contractor shall list only one subcontractor for each portion. (c) Agrees that the list of subcontractors submitted herewith cannot be changed, modified, or substituted without written'request and approval of the awarding body.
The undersigned submits herewith a list of subcontractors in conformance with the foregoing:
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Signature(s)~6f Bidder ' Date Signature(s) of Bidder Date \J
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Title Title
26 ;
Name Under Which License No. & Class Business Address Specific Description of Subcontractor is Subcontract and Portion of
Licensed the Work to be Done
0W” Oé‘r ‘l (W/ «I, C/ 0 zz-L,’ wank“ We Clurv‘Q/ r Maj/g BIDDER’S STATEMENT OF SUBCONTRACTORS AND MATERIAL FABRICATORS VWhout exception, the bidder is required to state the name and addres‘s of each subcontractor and the portion of the work which each wiil do as required by Subsection 1-6.3 of the SSPWC and in confomtance with Public Contracts Code, Sections 4100 to 41 1 3, inclusive.
VWthout limiting the generality of the foregoing, any contractor making a bid or offer to perform the work, shalt set forth in the Bid:
(a) The name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractor's total bid; and
(b) The portion of the work which will be done by each subcontractor. The prime contractor shall list only one subcontractor for each portion. (c) Agrees that the list of subcontractors submitted herewith cannot be changed, modihed, or substituted without written request and approval of the awarding body.
The undersigned submits herewith a list of subcontractors in conformance with the foregoing:
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Name Under Which License No. & Class Business Address Specific Description of Subcontractor is Subcontract and Portion of
Licensed the Work to be Done
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Title ‘ Title
26 NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
TO THE CITY OF MALIBU
PUBLIC WORKS DEPARTMENT
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106, the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price ofthe bidder to any other bidder, or to fix any overhead, profit, or cost element ofthe bid price, or ofthat of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereofto effectuate a collusive or sham bid.
C-S- t mt n
‘ovt \nc- C’S‘ Lécvftut Caxshvch‘bn, iM”. u
Name of Bidder Name of Bidder
Signature o
M
Bidder w Signat re
MK
of\BiJder
v15 02M Cowman Wt, STE?) wmvm , ca anm J
BidderAddress
27 ACKNOWLEDGMENT
A notary public or other emcer completing this
certificate vermes only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
vaiidity of that document.
State of California County of LOS ANGELES )
(insert name and title of the omcer)
personally appeared GREGG STRUMPF
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed t0 the within instrument and acknowledged to me that helshelthey executed the same in his/herltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signatur i
(Seal)
EQUAL OPPORTUNITY CERTIFICATE
THE BIDDER’S EXECUTION OF THE SIGNATURE PORTION OF THIS PROPOSAL
SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATES WHICH ARE A PART OF THIS BID.
The bidder hereby certifies that the bidder and proposed subcontractor(s), if any, have or have not participated in a previous contract orsubcontract subjectto the equal opportunity clauses; as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
K
C. S-WMM temhvchonAuc.
J \J
Name of Bidding Company
y/xd/ L/
Authorized Ignature
Vrwde n+
Title (Typed)
Ol—oww
Date
28 DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS PART 29
The bidder under penalty of perjury, certifies that except as noted beiow, the bidder or any person associated therewith in the capacity of owner, partner, director, officer, or manager:
is not currentiy under suspension, debarment, voluntary exclusion, or determination of ineligibiiity by any federal agency;
has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and
has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Ni
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder's responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.
29 City ofMalibu
23825 Stuart Ranch Road Malibu, California 90265—486]
(3 10) 456-2489 fax (3 10) 456—3356
DATE: 01/13/2025
ADDENDUM NO. 1
TO
MALIBU PERMANENT SKATE PARK PROJECT
SPECIFICATION NO. 21 12
AII Pmspective Bidders:
NOTICE IS HEREBY GIVEN to all prospective bidders that the following mod‘rlications are made to the above project plans and specmcations:
SPECIFICATIONS:
1. Change: The Bid Opening Date Has Changed. “NOTICE IS HEREBY GIVEN that sealed bids for the City of Malibu, MALIBU PERMANENT SKATE PARK PROJECT SPECIFICATION NO. 21 12, will be received by the Cily Clerk, at Malibu City Hall, 23825 Stuart Ranch Road, Malibu, Califomia, 90265, at or before 3:30 p.m. on Thursday, January 30, 2025, at which time they will be publicly opened and read by the City Clerk (or designated representative)"
2. Change: On Page 19, The Contractor shall use the Revised Proposed Bid Schedule of Work and Prices, per Attachment No.1. Change includes:
A. Line 7. 908—2 Trenching Quantity: €689~85OO LF
B. Line 31. 912-2 Water Lines Quantity: 335525 LF
3. Add: APPENDIX H — PERMANENT METER SPECIFICATIONS
A. See Attachment No. 2
QUESTIONS:
Q. Can the designer, California SkateParks, bid on the project? A. Yes, Califomia SkateParks can bid on the project.
Acknowledgement of this addendum by retuming the signed Addendum No. 1 with the bid proposal is required.
Failure to do so may result in the disquaiitication of your bid‘ By Order of the Public Works Director/ City Engineer
Réb
%
DuBoux, Esq, PE. Date
BIDDER’S CERTIFICATION
l acknowledge receipt of the foregoing Addendum No. 1 and accept all conditions contained therein:
()\/\3/L6 Date