Malibu City Council
April 28, 2025

Meeting Agenda
CC250428_AGENDA_AMENDED.PDF
Item 1B2
Approve Warrants
CC250428_ITEM 1B2.PDF
Item 1B3
Approval of Minutes
CC250428_ITEM 1B3.PDF
Item 1B4
After-Action Review of the Franklin and Palisades Fires CC250428_ITEM 1B4.PDF
Item 1B5
Professional Services Agreement with Rec Technologies, Inc.

CC250428_ITEM 1B5.PDF
Item 1B6
Master Facility Use Agreement with Santa Monica-Malibu Unified School District CC250428_ITEM 1B6.PDF
Item 1B7
Resolution Extending the Declaration of the Existence of a Local Emergency Regarding the Palisades Fire
CC250428_ITEM 1B7.PDF

1. Documents:

2. Documents:

3. Documents:

4. Documents:

5. Documents:

6. Documents:

7. Documents:
the Palisades Fire
CC250428_ITEM 1B7.PDF
Item 1B8
Investment Report for the Month Ending March 31, 2025
CC250428_ITEM 1B8.PDF
Item 1B9
Confirmation of the Director of Emergency Services Order Relating to the Palisades Fire Recovery
CC250428_ITEM 1B9.PDF
Item 5A
Updated Developer Fee Program for the Benefit of the Consolidated Fire Protection District of Los Angeles County
CC250428_ITEM 5A.PDF
Item 5B
Appeals of Planning Commission Resolution No. 24-021 regarding Coastal Development Permit No. 23-019 and Site Plan Review No. 23- 024 – An application to construct a new single-family residence, second unit and associated development (30053 Harvester Road, Owner, Steven Kent; Appellants, Dawn N. Ericson, Paul E Philipson, and Andrea Slosberg-Philipson)
CC250428_ITEM 5B.PDF
CC250428_ITEM 5B_SUPPLEMENTAL.PDF
Item 6A
Fire Recovery Work Session Agendas
CC250428_ITEM 6A.PDF
Item 6B
School Resource Officer
CC250428_ITEM 6B.PDF
Documents:

8. Documents:

9. Documents:

10. Documents:

11. Documents:

12. Documents:

13. Documents:

School Resource Officer
CC250428_ITEM 6B.PDF
Item 6C
Fire Rebuild Manager
CC250428_ITEM 6C.PDF
CC250428_ITEM 6C_SUPPLEMENTAL.PDF
Item 6E
Provide Direction on Potential Self-Certification Program CC250428_ITEM 6E.PDF
Item 6D
Formation of the Sewer Ad Hoc Committee
CC250428_ITEM 6D.PDF
Item 6F
Approval of Small Business Micro Stabilization Grant Program CC250428_ITEM 6F.PDF
Item 7A
Proposed Mike Treinen Public Safety Award
CC250428_ITEM 7A.PDF
Item 7B
Use of Trancas Canyon Park for Soccer and Ball Field Games and Review of Settlement Agreement Provisions
CC250428_ITEM 7B.PDF
Item 7C
Options for Addressing Debris Hazards on Properties Significantly Damaged or Destroyed by the Palisades Fire (Continued from April 28, 2025 Regular Meeting) Documents:

14. Documents:

15. Documents:

16. Documents:

16.I.

Documents:

17. Documents:

18. Documents:

19. CC250428_ITEM 7B.PDF
Item 7C
Options for Addressing Debris Hazards on Properties Significantly Damaged or Destroyed by the Palisades Fire (Continued from April 28, 2025 Regular Meeting) CC250428_ITEM 7C.PDF
Item 8A
Designation of Voting Delegate and Alternate Voting Delegate(s) for the 2025 Southern California Association of Governments (SCAG) Annual Regional Conference and General Assembly
CC250428_ITEM 8A.PDF

19. Documents:

20. 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, April 28, 2025
4:00 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/81062772151
Four-forty-five p.m. Convene for Purpose of Closed Session Call to Order – Mayor (Council Chambers)
Public Comment on Closed Session Items
1 See the addition of Closed Session, Consent Calendar Item No. 1.B.9., Old Business Item Nos. 6.D., 6.E., and 6.F., and New Business Item No. 7.C.

AMENDED City Council Regular Meeting Agenda Page - 2 - April 28, 2025 Recess to Closed Session (to be held in the Westward Room) 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. 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)
Conference with Legal Counsel – Existing litigation pursuant to Government Code Section 54956.9(d)(1):

1. Case Name: City’s Petition to Form Malibu USD from Territory in the Santa Monica-Malibu USD
Personnel Matters pursuant to Government Code Section 54957:

1. Public Employee Appointment
Title: City Manager/Interim City Manager
Conference with Labor Negotiator pursuant to Government Code Section 54957.6:

1. City representative: Interim City Attorney Trevor Rusin Unrepresented employee: City Manager/Interim City Manager Five-thirty p.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
Pledge of Allegiance
Report on Posting of Agenda – April 18, 2025; Amended Agenda posted April 25, 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.

AMENDED City Council Regular Meeting Agenda Page - 3 - April 28, 2025 B. New Items

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

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

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 75280-75418 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. 766 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $1,557,316.20. City of Malibu payroll check number 5504 and ACH deposits were issued in the amount of $547,563.91.

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

3. Approval of Minutes
Recommended Action: Approve the minutes for the January 27, 2025 Regular Meeting, February 3, 2025 Special Meeting, and February 10, 2025 Regular Meeting Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228

4. After-Action Review of the Franklin and Palisades Fires Recommended Action: Authorize the Mayor to execute a professional services agreement with Witt O’Brien’s, LLC to conduct an After-Action Review of the City’s Emergency Operations response to the Franklin and Palisades Fires.

Staff Contact: Public Safety Director Dueñas, 456-2489, ext. 313

5. Professional Services Agreement with Rec Technologies, Inc.

Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with Rec Technologies, Inc. (Rec Tech) to provide a recreation software system that tracks and processes program registrations, facility rentals, and payments.

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

6. Master Facility Use Agreement with Santa Monica-Malibu Unified School District Recommended Action: Authorize the Mayor to execute a two-year Master Facility Use Agreement with the Santa Monica-Malibu Unified School District through September 30, 2027.

Staff Contact: Community Services Director Riesgo, 456-2489, ext. 350 AMENDED City Council Regular Meeting Agenda Page - 4 - April 28, 2025

7. Resolution Extending the Declaration of the Existence of a Local Emergency Regarding the Palisades Fire
Recommended Action: Adopt Resolution No. 25-16, 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

8. Investment Report for the Month Ending March 31, 2025 Recommended Action: Receive the Investment Report for the month ending March 31, 2025.

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

9. Confirmation of the Director of Emergency Services Order Relating to the Palisades Fire Recovery
Recommended Action: Confirm the Order of the Director of Emergency Services dated April 25, 2025, directing law enforcement to set up and police resident-only access checkpoints at specified roads in response to the Palisades Fire recovery and extending the order through May 31, 2025.

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

2. Ceremonial/Presentations
A. City Council Reorganization

1. Presentations to Outgoing Mayor

2. Remarks by Outgoing Mayor

3. Election of Mayor

4. Election of Mayor Pro Tem

5. Administration of Oath of Office to Newly Elected Mayor and Mayor Pro Tem

6. Remarks by Newly Elected Mayor

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 AMENDED City Council Regular Meeting Agenda Page - 5 - April 28, 2025 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. Updated Developer Fee Program for the Benefit of the Consolidated Fire Protection District of Los Angeles County
Recommended Action: 1) Conduct the public hearing; and 2) Adopt Resolution No. 25-15, adopting the updated developer fee for the benefit of the Consolidated Fire Protection District of Los Angeles County (District) and rescinding Resolution No. 24-12.

Staff Contact: Environmental Sustainability Director Bundy, 456-2489, ext. 229 B. Appeals of Planning Commission Resolution No. 24-021 regarding Coastal Development Permit No. 23-019 and Site Plan Review No. 23- 024 – An application to construct a new single-family residence, second unit and associated development (30053 Harvester Road, Owner, Steven Kent; Appellants, Dawn N. Ericson, Paul E Philipson, and Andrea Slosberg-Philipson) Recommended Action: Adopt Resolution No. 25-17 determining the project is categorically exempt from the California Environmental Quality Act (CEQA), denying Appeal No. 24-004 and Appeal No. 24-005, and approving Coastal Development Permit (CDP) No. 23-019 to construct a new 4,270 square foot, two-story, single-family residence with a 970 square foot basement plus a 750 square foot attached three-car garage, 900 square foot detached second unit, 500 square foot detached garage, 432 square foot detached yoga studio, swimming pool, grading, landscaping, hardscape, and onsite wastewater treatment system (OWTS); including Site Plan Review (SPR) No. 23-024 to construct the residence in excess of 18 feet in height, up to 24 feet for a flat roof, located in the Rural Residential, Two-Acre (RR-2) zoning district at 30053 Harvester Road (Kent).

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. Fire Recovery Work Session Agendas
Recommended Action: Provide direction to staff on which topics should be scheduled for upcoming Fire Recovery Work Sessions.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228 B. School Resource Officer
Recommended Action: 1) Receive a report on how a School Resource Officer could be provided to Malibu campuses; and 2) Provide direction to staff if appropriate.

Staff Contact: Public Safety Director Dueñas, 456-2489, ext. 313 AMENDED City Council Regular Meeting Agenda Page - 6 - April 28, 2025 C. Fire Rebuild Manager
Recommended Action: Provide direction to staff on a potential position to support Fire Rebuild efforts, titled Fire Rebuild Manager or similar.

Staff Contact: Acting City Manager Toney, 456-2489, ext. 224 D. Formation of the Sewer Ad Hoc Committee
Recommended Action: 1) Create an Ad Hoc Committee to provide input and feedback to staff on plans for a potential sewer system; and 2) Appoint two Councilmembers to serve on the Sewer Ad Hoc Committee.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228 E. Provide Direction on Potential Self-Certification Program Recommended Action: Take action to either decline or direct staff to further explore a selfcertification program.

Staff Contact: Environmental Sustainability Director Bundy, 456-2489, ext. 229 F. Approval of Small Business Micro Stabilization Grant Program Recommended Action: 1) Approve the establishment of the City of Malibu Small Business Micro Grant Stabilization Program; 2) Authorize an initial grant funding pool of $300,000; 3) Authorize bypassing the Administration and Finance Subcommittee review and appropriate $300,000 from the General Fund Undesignated Reserve to Account Number 100-7001-5930-004 (Community Grants – Small Business Micro Stabilization); and 4) Authorize Administration & Finance Subcommittee to review and award successful applicants.

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

7. New Business
New Business items are appearing for the first time for formal action.

A. Proposed Mike Treinen Public Safety Award
Recommended Action: 1)Review a recommendation by the Public Safety Commission to establish an annual Mike Treinen Public Safety Award and, 2) Provide direction to staff if appropriate.

Staff Contact: Public Safety Director Dueñas, 456-2489, ext. 313 B. Use of Trancas Canyon Park for Soccer and Ball Field Games and Review of Settlement Agreement Provisions
Recommended Action: Receive and file this report and provide direction to staff on whether to initiate discussions with MTC regarding a potential amendment to the Settlement Agreement that would allow for organized games or league play at Trancas Canyon Park.

Staff Contact: Interim City Attorney Rusin, 456-2489, ext. 228 AMENDED City Council Regular Meeting Agenda Page - 7 - April 28, 2025 C. Options for Addressing Debris Hazards on Properties Significantly Damaged or Destroyed by the Palisades Fire (Continued from April 28, 2025 Regular Meeting) Recommended Action: Receive and file report and provide direction to staff regarding the City's preferred approach to addressing unresponsive owners of properties that contain structures that were substantially damaged or destroyed by the Palisades Fire.

Staff Contact: Environmental Sustainability Director Bundy, 456-2489, ext. 229

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.

A. Designation of Voting Delegate and Alternate Voting Delegate(s) for the 2025 Southern California Association of Governments (SCAG) Annual Regional Conference and General Assembly Recommended Action: Designate the City’s voting delegate and alternate voting delegate for the Southern California Association of Governments (SCAG) 2025 Annual Regional Conference and General Assembly scheduled for May 1-2, 2025 in Palm Desert.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228 Adjournment
Future Meetings
Thursday, May 8, 2025 3:00 p.m. Special City Council Meeting City Hall Council Chambers Monday, May 12, 2025 5:30 p.m. Regular City Council Meeting City Hall Council Chambers Thursday, May 22, 2025 3:00 p.m. Special 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.

Members of the Audience: Members of the audience shall not engage in disorderly or boisterous conduct, including AMENDED City Council Regular Meeting Agenda Page - 8 - April 28, 2025 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.

The City 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 25th day of April 2025 at 4:00 p.m.

Kelsey Pettijohn, City Clerk
WARRANT REGISTER NO. 766
On April 28, 2025, the Malibu City Council allowed and approved warrant demand numbers 75280-75418 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 $1,557,316.20. City of Malibu payroll check number 5504 and ACH deposits were issued in the amount of $547,563.91.

PASSED, APPROVED and ADOPTED this 28th day of April 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 $2,104,880.11 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 17th day of April 2025, AT MALIBU, CALIFORNIA ______________________________________________
Joseph Toney
Acting City Manager
City Council Meeting
4-28-25
Item

1.B.2.

Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Accounts Payable
Checks by Date - Summary by Check Date
User: craspe
Printed: 4/16/2025 10:15 AM
Check No Vendor No Vendor Name Check Date Void Checks Check Amount 75280 13STARS 13 STARS MEDIA 04/03/2025 0.00 854.24
75281 ALONVAL VALERIE ALON 04/03/2025 0.00 12,000.00
75282 AMERGUAI AMERICAN GUARD SERVlCES INC 04/03/2025 0.00 4,652.91 75283 ASKLLC ASK ASSOCIATES LLC 04/03/2025 0.00 34.87
75284 BADMET BADGER METER INC 04/03/2025 0.00 39.56
75285 BRWONRUI BROWN RUDNICK LLP 04/03/2025 0.00 2,550.00 75286 BURDGE BURDGE & ASSOCIATES ARCHITECT~ 04/03/2025 0.00 43.92 75287 CASTRATE CALIFORNIA STRATEGIES & ADVOCP 04/03/2025 0.00 12,500.00 75288 CHEVRON2 WRlGHT EXPRESS FSC WEX BANK 04/03/2025 0.00 1,135.63 75289 CONRADW HAYLYNN CONRAD 04/03/2025 0.00 1,357.01
75290 COUNTLA STORMWATER QUALITY DIVISION, 11 04/03/2025 0.00 129,852.46 75291 CRPRINT CR PRINT 04/03/2025 0.00 564.88
75292 CSGCON CSG CONSULTANTS INC 04/03/2025 0.00 1,227.50 75293 DEPTTRA STATE OF CALIFORNIA DEPARTMENT 04/03/2025 0.00 15,421.29 75294 EXCELOFF EXCEL OFFICE SERVICES 04/03/2025 0.00 783.23 75295 FRONTIER FRONTIER CALIFORNIA INC 04/03/2025 0.00 2,177.43 75296 FRYCHAN C. CHANNING FRYKMAN 04/03/2025 0.00 169.07 75297 GIINDUS GI INDUSTRIES 04/03/2025 0.00 237.38
75298 GLOVIEW GLOBAL VIEW 04/03/2025 0.00 9,785.50
75299 GOVCONN GOVCONNECTION INC 04/03/2025 0.00 2,067.28 75300 Grainger WW GRAINGER INC 04/03/2025 0.00 101.66
75301 GRISPAUL PAUL GRISANTI 04/03/2025 0.00 169.07
75302 HARTSEL BOB HARTS ELECTRIC INC. 04/03/2025 0.00 3,135.32 75303 HERWIL WILLOW HERRICK 04/03/2025 0.00 206.10
75304 KIMLEY KIMLEY-HORN AND ASSOCIATES INC 04/03/2025 0.00 66,479.50 75305 LACOANI LA CO ANIMAL CARE & CONTROL 04/03/2025 0.00 871.89 75306 LACOCLE LA COUNTY REGISTRAR-RECORDER 04/03/2025 0.00 75.00 75307 LACOCLE LA COUNTY REGISTRAR-RECORDER 04/03/2025 0.00 75.00 75308 LACOCLE LA COUNTY REGISTRAR-RECORDER 04/03/2025 0.00 75.00 75309 LACOCLE LA COUNTY REGISTRAR-RECORDER 04/03/2025 0.00 75.00 75310 LACOREG LA CO REGISTRAR RECCORDER/CITY 04/03/2025 0.00 1,276.65 75311 LACOWAT LA CO MALIBU TREASURER-WATER" 04/03/2025 0.00 477.46 75312 LAFLOOD STORMWATER QUALITY DIVISION, 11 04/03/2025 0.00 8,876.24 75313 LAGUTA ANNA LAGUTENKO 04/03/2025 VOID 496.00 0.00 75314 LAPIJOS JOSEPH LAPINSKI 04/03/2025 0.00 82.63
75315 MALICOM MALIBU COMMUNITY LABOR EXCHJ 04/03/2025 0.00 2,448.00 75316 MICPENTA MICHAEL PENTA SEWER SPECIALIST 04/03/2025 0.00 560.00 75317 MNS MNS ENGINEERS INC 04/03/2025 0.00 2,560.00
75318 MOSSER MOSSER PLUMBING & HEATING INC 04/03/2025 0.00 560.00 75319 MRGLLC MUNICIPAL RESOURCE GROUP LLC 04/03/2025 0.00 9,000.00 75320 PARSARS PUBLIC AGENCY RETIREMENT SVCS 04/03/2025 0.00 600.00 75321 PEOPCON OCEAN PARK COMMUNITY CENTER 04/03/2025 0.00 34,795.00 75322 PRECISI PRECISION BUSINESS MACHINE INC 04/03/2025 0.00 95.00 75323 RINCONC RINCON CONSULTANTS INC 04/03/2025 0.00 42,637.35 75324 SAFEGUAR SAFEGUARD BUSINESS SYSTEMS, IN! 04/03/2025 0.00 1,980.12 75325 SCAFCA SCAOFCALLC 04/03/2025 0.00 3,780.00
75326 SCGas SOUTHERN CALIFORNIA GAS COMPA 04/03/2025 0.00 18.09 AP Checks by Date - Summary by Check Date (4/16/2025 10:15 AM) Page 1 Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Check No Vendor No Vendor Name Check Date Void Checks Check Amount 75327 SILBRU BRUCE LEE SILVERSTEIN 04/03/2025 0.00 169.07 75328 SMASH SMASH ATHLETICS INC 04/03/2025 0.00 472.42
75329 SPRING SPRINGBROOK HOLDING COMPANY I 04/03/2025 0.00 240.00 75330 STAPLES STAPLES CONTRACT & COMMERCIAi 04/03/2025 0.00 376.70 75331 STATECO STATE CONTROLLER'S OFFICE 04/03/2025 0.00 3,600.00 75332 TOWNSPUE TOWNSEND PUBLIC AFFAIRS INC 04/03/2025 0.00 6,500.00 75333 TRENCH TOM MALLOY CORPORATION 04/03/2025 0.00 1,848.00 75334 UHRIS STEVE UHRING 04/03/2025 0.00 169.07
75335 UNDERGR UNDERGROUND SERVICE ALERT OF 1 04/03/2025 0.00 603.96 75336 WILLSCOT WILLIAMS SCOTSMAN INC 04/03/2025 0.00 6,424.55 75337 YEHASSOC YEH AND ASSOCIATES INC 04/03/2025 0.00 4,091.25 75338 YUNEX SIEMENS MOBILITY INC 04/03/2025 0.00 1,569.15 Total for 4/3/2025: 496.00 404,528.41
75339 USBANK USBANK 04/07/2025 0.00 93,811.32
Total for 4/7/2025: 0.00 93,811.32
75340 13STARS 13 STARS MEDIA 04/09/2025 0.00 2,435.60
75341 29851PCH 29851 PCH LLC 04/09/2025 0.00 528.00
75342 AMERGLOI AMERICAN GLOBAL SECURITY INC 04/09/2025 0.00 2,100.00 75343 COOPERM MARSHA COOPER 04/09/2025 0.00 600.00
75344 DANESHJ JACKLINE DANESHRAD 04/09/2025 0.00 330.00 75345 DIVANG ANGELO DIVINO 04/09/2025 0.00 950.00
75346 ENHANCE2 ENHANCED LANDSCAPE MANAGEMI 04/09/2025 0.00 725.00 75347 FENCE FENCE FACTORY RENTALS 04/09/2025 0.00 3,304.12 75348 FERCANOL LAURA DEMIERI FERCANO 04/09/2025 0.00 340.00 75349 FRONTIER FRONTIER CALIFORNIA INC 04/09/2025 0.00 410.35 75350 HDSUPPLY HD SUPPLY INC 04/09/2025 0.00 479.91
75351 KASMIC MICHAEL KASABA 04/09/2025 0.00 70.00
75352 LACOCLE LA COUNTY REGISTRAR-RECORDER 04/09/2025 VOID 150.00 0.00 75353 LAGUTA ANNA LAGUTENKO 04/09/2025 0.00 4,815.50
75354 MANMIC MICHAEL ANTHONY MANFREDO 04/09/2025 0.00 200.00 75355 MASTERCO MASTER COOLING CORPORATION 04/09/2025 0.00 4,490.26 75356 MERRICKJ JUDY MERRICK 04/09/2025 0.00 160.00
75357 MONAHAN ANN MONAHAN 04/09/2025 0.00 440.00
75358 NATIONA NATIONAL CONSTRUCTION RENTAU 04/09/2025 0.00 941.00 75359 ROCKET ROCKETOLOGY LLC 04/09/2025 0.00 500.00
75360 ROSENSHE SHEILA ROSENTHAL 04/09/2025 0.00 360.00
75361 SUMJEA JEAN SUMMERS 04/09/2025 0.00 75.00
75362 TMOBILE T-MOBILE USA INC 04/09/2025 0.00 794.92
75363 TOSHIBA US BANK NATIONAL ASSOCIATION 04/09/2025 0.00 3,867.41 75364 TOTALGRA BRIAN SHORE 04/09/2025 0.00 91.55
75365 ULTMAINT ULTIMATE MAINTENANCE SERVICES 04/09/2025 0.00 3,950.00 Total for 4/9/2025: 150.00 32,958.62
75366 QUADFIN QUADIENT FINANCE USA INC 04/14/2025 0.00 3,232.00 75367 USBANK2 USBANK 04/14/2025 0.00 1,096.35
Total for 4/14/2025: 0.00 4,328.35
75368 AIPM ANIMAL & INSECT PEST MANAGEME 04/15/2025 0.00 6,285.00 75369 AMERGLOI AMERICAN GLOBAL SECURITY INC 04/15/2025 0.00 183.96 75370 ANAWALT ANAWALT LUMBER CO INC 04/15/2025 0.00 19.54 AP Checks by Date - Summary by Check Date (4/16/2025 10:15 AM) Page2 Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Check No Vendor No Vendor Name Check Date Void Checks Check Amount 75371 CALCOAS CAL-COAST MACHINERY INC 04/15/2025 0.00 53.68 75372 CIVICPLU CIVICPLUS LLC 04/15/2025 0.00 3,609.06
75373 ENHANCE2 ENHANCED LANDSCAPE MANAGEMI 04/15/2025 0.00 285.00 75374 GIINDUS GI INDUSTRIES 04/15/2025 0.00 67.79
75375 LACOCLE LA COUNTY REGISTRAR-RECORDER 04/15/2025 0.00 75.00 75376 LACOCLE LA COUNTY REGISTRAR-RECORDER 04/15/2025 0.00 75.00 75377 LACOWAT LA CO MALIBU TREASURER-WATER" 04/15/2025 0.00 1,226.18 75378 LANDSC LANDSCAPE STRUCTURES INC 04/15/2025 0.00 150.82 75379 MAINSTRE ATHACOINC 04/15/2025 0.00 132.53
75380 MURPHMOI MOLLY MURPHY 04/15/2025 0.00 213.00
75381 REGAJ JOLYNN MARIE FREED REGAN 04/15/2025 0.00 600.00 75382 RTW RTW MANAGEMENT 04/15/2025 0.00 23,486.00
75383 SCEDISO SOUTHERN CALIFORNIA EDISON crn 04/15/2025 0.00 26,633.24 75384 SPECTRUM CHARTER COMMUNICATIONS HOLDI 04/15/2025 0.00 209.99 75385 SPIROG SEBASTIAN SPIROGLOU 04/15/2025 0.00 29.47
75386 UNITEDSI UNITED SITE SERVICES OF CALIFORJI 04/15/2025 0.00 979.03 75387 13STARS 13 STARS MEDIA 04/15/2025 0.00 2,393.52
75388 13STARS 13 STARS MEDIA 04/15/2025 0.00 2,140.00
75389 ACMEVALL ACME VALLEY SECURITY SERVICES, 04/15/2025 0.00 725.00 75390 AMERGLOI AMERICAN GLOBAL SECURITY INC 04/15/2025 0.00 3,219.30 75391 APPLE APPLEONE 04/15/2025 0.00 6,357.61
75392 BURNS BURNS PACIFIC CONSTRUCTION INC 04/15/2025 0.00 481,052.58 75393 BURNS BURNS PACIFIC CONSTRUCTION INC 04/15/2025 0.00 13,695.18 75394 CLEANHAR CLEAN HARBORS ENVIRONMENTAL , 04/15/2025 0.00 7,082.77 75395 CONEJOA CONEJOAWARDS 04/15/2025 0.00 107.25
75396 COTTON COTTON SHIRES & ASSOCIATES INC 04/15/2025 0.00 84,157.04 75397 COTTON COTTON SHIRES & ASSOCIATES INC 04/15/2025 0.00 103,715.00 75398 CRPRINT CR PRINT 04/15/2025 0.00 2,398.05
75399 FENCE FENCE FACTORY RENTALS 04/15/2025 0.00 42,710.81 75400 GIINDUS GI INDUSTRIES 04/15/2025 0.00 4,918.95
75401 INFINITY INFINITY TECHNOLOGIES 04/15/2025 0.00 10,060.00 75402 INFINITY INFINITY TECHNOLOGIES 04/15/2025 0.00 2,182.50 75403 LIFESIGN LIFESIGNS NOW 04/15/2025 0.00 2,722.00
75404 MNS MNS ENGINEERS INC 04/15/2025 0.00 2,240.00
75405 MNS MNS ENGINEERS INC 04/15/2025 0.00 2,940.00
75406 RINCONC RINCON CONSULTANTS INC 04/15/2025 0.00 32,372.00 75407 STAPLES STAPLES CONTRACT & COMMERCW 04/15/2025 0.00 1,374.71 75408 TOTALGRA BRIAN SHORE 04/15/2025 0.00 2,200.00
75409 TRIPEPIS TRIPEPI SMITH & ASSOCIATES 04/15/2025 0.00 117.50 75410 TRIPEPIS TRIPEPI SMITH & ASSOCIATES 04/15/2025 0.00 48,125.86 75411 TRUNORTH TRUE NORTH COMPLIANCE SERVICE: 04/15/2025 0.00 46,343.88 75412 TRUNORTH TRUE NORTH COMPLIANCE SERVICE: 04/15/2025 0.00 3,262.50 75413 ULTMAINT ULTIMATE MAINTENANCE SERVICES 04/15/2025 0.00 1,475.00 75414 ULTMAINT ULTIMATE MAINTENANCE SERVICES 04/15/2025 0.00 1,900.00 75415 UNITED UNITED STATES POST OFFICE 04/15/2025 0.00 1,815.98 75416 USLABS BUREAU VERITAS NORTH AMERICA I 04/15/2025 0.00 36,683.00 75417 USLABS BUREAU VERITAS NORTH AMERICA I 04/15/2025 0.00 845.00 75418 XEROXFIN XEROX CORPORATION 04/15/2025 0.00 6,042.22 Total for 4/15/2025: 0.00 1,021,689.50
Report Total (139 checks): 646.00 1,557,316.20
AP Checks by Date - Summary by Check Date (4/16/2025 10:15 AM) Page 3 Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Accounts Payable
Transactions by Account
User:

Printed:

Batch:

Account Number
I 00-0000-34 31-00
I 00-0000-34 31-00
I 00-0000-344 7-00
I 00-0000-344 7-00
I 00-0000-344 7-00
I 00-0000-344 7-00
I 00-0000-344 7-00
I 00-0000-3466-00
craspe
04/16/2025 - 10:20AM
00000.00.0000
AP-Transactions by Account (04/ 16/2025 - 10:20 AM)
Vendor

GLOBAL VIEW

ANNA LAGUTENKO

HAYLYNN CONRAD
C. CHANNING FRYKMAN

PAUL GRISANTI

BRUCE LEE SILVERSTEIN

STEVE UHRING

MOLLY MURPHY
Description GLDate Check No Amount PONo
Ref- PW Fees CDPWF 23-006, 3010, 04/03/2025 75298 1,270.00 Vendor Subtotal: 1,270.00
Ref - Public Works: Review CDP 23-0 04/08/2025 75353 202.50 Vendor Subtotal: 202.50
Ref - Candidate Statement Fee 04/03/2025 75289 169.07
Vendor Subtotal: 169.07
Ref - Candidate Statement Fee 04/03/2025 75296 169.07
Vendor Subtotal: 169.07
Ref - Candidate Statement Fee 04/03/2025 75301 169.07
Vendor Subtotal: 169.07
Ref - Candidate Statement Fee 04/03/2025 75327 169.07
Vendor Subtotal: 169.07
Ref - Candidate Statement Fee 04/03/2025 75334 169.07
Vendor Subtotal: 169.07
Ref - Waterpolo Overpayment 04/15/2025 75380 213.00
Page I
Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Account Number Vendor Description GLDate Check No Amount PONo Vendor Subtotal: 213.00
100-3001-5121-01 SCAOFCALLC Street Sweeping Svcs - Feb '25 04/03/2025 75325 3,780.00 000004404 Vendor Subtotal: 3,780.00
100-3001-5123-00 BURNS PACIFIC CONSTRUCTIOl Task 4: Storm Response Palisades Bur 04/09/2025 75392 426,581.52 000004401 100-3001-5123-00 BURNS PACIFIC CONSTRUCTIOl Task 4: Storm Response - Feb '25 04/09/2025 75392 45,202.58 000004401 100-3001-5123-00 BURNS PACIFIC CONSTRUCTIOl Task 4: Storm Response Franklin Burr 04/09/2025 75392 9,268.48 000004401 Vendor Subtotal: 481 ,052.58
I 00-3001 -5124-00 STATE OF CALIFORNIA DEPARn PCH Signals & Lighting - Jul to Sep ', 04/03/2025 75293 15,421.29 000004455 Vendor Subtotal: 15,421.29
100-3001-5124-00 SIEMENS MOBILITY INC Traffic Signal Call Outs - Feb '25 04/03/2025 75338 243.15 000004120 100-3001-5124-00 SIEMENS MOBILITY INC Traffic Signal Maint - Feb '25 04/03/2025 75338 1,326.00 000004120 Vendor Subtotal: 1,569.15
100-3001-5722-00 SOUTHERN CALIFORNIA EDISO Broad Beach - Feb '25 04/ 15/2025 75383 13.57 100-3001-5722-00 SOUTHERN CALIFORNIA EDISO Traffic Control - Feb '25 04/15/2025 75383 133.64 100-3001-5722-00 SOUTHERN CALIFORNIA EDISO Winter Cyn - Feb '25 04/ 15/2025 75383 94.45 100-3001-5722-00 SOUTHERN CALIFORNIA EDISO Cross Creek Rd Ped - Feb '25 04/ 15/2025 75383 14.98 100-3001-5722-00 SOUTHERN CALIFORNIA EDISO Webb Way Signal - Feb '25 04/ 15/2025 75383 720.26 Vendor Subtotal: 976.90
100-3001-6160-00 UNDERGROUND SERVICE ALER Monthly Fee - Feb '25 04/03/2025 75335 33.41 100-3001-6 I 60-00 UNDERGROUND SERVICE ALER Dig Alerts - Feb '25 04/03/2025 75335 570.55 Vendor Subtotal: 603.96
100-3007-5722-00 SOUTHERN CALIFORNIA EDISO CCSTF - Feb '25 04/15/2025 75383 678.95 Vendor Subtotal: 678.95
AP-Transactions by Account (04/16/2025 - 10:20 AM) Page 2 Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Account Number Vendor Description GLDate Check No Amount PONo I 00-3007-5723-00 LA CO MALIBU TREASURER-WJ Water - CCSTF 1/6 - 3/5/25 Acct#291 04/03/2025 75311 477.46 Vendor Subtotal: 477.46
I 00-3008-5100-00 AMERICAN GUARD SERVICES TI Crossing Guard Program - Feb '25 04/03/2025 75282 4,652.91 000003807 Vendor Subtotal: 4,652.91
I 00-3008-5100-00 INFINITY TECHNOLOGIES GIS Svcs - Feb '25 04/09/2025 75401 8,940.00 000004377 Vendor Subtotal: 8,940.00
I 00-3008-5100-00 MNS ENGINEERS INC Task 14: Storm Drain Survey - 20542 : 04/03/2025 75317 530.00 000004379 Vendor Subtotal: 530.00
I 00-3008-6160-00 STAPLES CONTRACT & COMME Office Supplies - Public Works 04/09/2025 75407 102.95 Vendor Subtotal: 102.95
I 00-4001 -5107-00 AMERICAN GLOBAL SECURITY Malibu Film Society Security 3/15/25 04/15/2025 75369 183.96 000004128 Vendor Subtotal: 183.96
I 00-4001-6120-00 USBANK CS-2169 Todoist - Monthly 04/07/2025 75339 42.00 I 00-4001 -6120-00 USBANK CS-6305 Revel Digital - Monthly 04/07/2025 75339 24.95 I 00-4001-6120-00 USBANK CS-7693 Spotify - Monthly 04/07/2025 75339 11.99 I 00-4001 -6120-00 USBANK CS-7118 Linktree - Monthly 04/07/2025 75339 9.00 I 00-400 I -6120-00 USBANK CS-4743 When I Work/Canva - Montli 04/07/2025 75339 124.95 Vendor Subtotal: 212.89
I 00-4001 -6160-00 USBANK CS-6305 Supplies 04/07/2025 75339 396.69 I 00-4001-6160-00 USBANK CS-2169 Best Buy- HDMI Cable 04/07/2025 75339 21.44 I 00-4001 -6160-00 USBANK CS-1673 Amazon - Phone Chargers 04/07/2025 75339 24.99 Vendor Subtotal: 443.12
I 00-4002-5330-00 USBANK CS-7118 K.ahoot - Monthly 04/07/2025 75339 58.00 AP-Transactions by Account (04/16/2025 - 10:20 AM) Page 3 Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Account Number Vendor Description GLDate Check No Amount PONo Vendor Subtotal: 58.00
I 00-4003-5721-00 USBANK CS-1673 Satellite Phone Store - Cham 04/07/2025 75339 72.79 Vendor Subtotal: 72.79
I 00-4003-6160-00 USBANK CS-1673 Etsy- Giveaway Stamp 04/07/2025 75339 42.87 Vendor Subtotal: 42.87
I 00-4007-5107-00 ROCKETOLOGY LLC Instructor - Lego Workshops 3/25 - 3/'. 04/08/2025 75359 500.00 Vendor Subtotal: 500.00
100-4007-5 340-00 SEBASTIAN SPIROGLOU Mileage - Mar '25 04/15/2025 75385 29.47 Vendor Subtotal: 29.47
I 00-4007-5401-00 BRIAN SHORE Banners - Spring Registration 04/08/2025 75364 91.55 Vendor Subtotal: 91.55
I 00-4008-5107-00 MARSHA COOPER Instructor - Stretch & Strength - Mar •: 04/08/2025 75343 600.00 Vendor Subtotal: 600.00
1 00-4008-51 07-00 JACKLINE DANESHRAD Instructor - Cardio Salsa - Mar '25 04/08/2025 75344 330.00 Vendor Subtotal: 330.00
I 00-4008-51 07-00 ANGELO DIVINO Sr. Center Anniversary Party 4/24/25 04/08/2025 75345 950.00 Vendor Subtotal: 950.00
100-4008-5107-00 LAURA DEMIERI FERCANO Instructor - Choir - Mar '25 04/08/2025 75348 340.00 Vendor Subtotal: 340.00
AP-Transactions by Account (04/16/2025 - 10:20 AM) Page4 Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Account Number
100-4008-5107-00
100-4008-5107-00
100-4008-5107-00
100-4008-5107-00
100-4008-5300-00
100-4008-6160-00
100-4008-6160-00
I 00-40 I 0-5100-00
I 00-40 I 0-5100-00 I 00-40 I 0-5100-00
I 00-40 I 0-5100-00
AP-Transactions by Account (04/16/2025 - 10:20 AM)
Vendor Description GLDate
MICHAEL ANTHONY MANFRED< Instructor - Yoga - Mar '25 04/08/2025 Vendor Subtotal:
ruDYMERRICK Instructor - Relax Through Coloring - 04/08/2025 Vendor Subtotal:

ANN MONAHAN Instructor - Pilates, Ballet, Jazz - Mar' 04/08/2025 Vendor Subtotal:

SHEILA ROSENTHAL Instructor - Knitting - Mar '25 04/08/2025 Vendor Subtotal:

USBANK CS-7693 JPIA Training - Meals A. RiB 04/07/2025
Vendor Subtotal:

STAPLES CONTRACT & COMME Office Supplies - Community Svcs 04/09/2025 Vendor Subtotal:

USBANK CS-7693 Amazon/Ralphs - Supplies 04/07/2025
Vendor Subtotal:

AMERICAN GLOBAL SECURITY Equestrian - Security Svcs - Mar '25 AMERICAN GLOBAL SECURITY Trancas - Security Svcs - Mar '25 04/08/2025
04/08/2025
Vendor Subtotal:

ULTIMATE MAINTENANCE SER' City Hall - Cleaning MFS Rental 3/15, ULTIMATE MAINTENANCE SER' City Parks Janitorial Svcs - Mar '25 04/08/2025
04/08/2025
Vendor Subtotal:

Check No
75354 75356 75357
75360
75339 75407 75339 75342 75342 75365 75365
Amount
200.00 200.00
160.00 160.00
440.00 440.00
360.00
360.00

99.02 99.02
272.54 272.54
404.97 404.97
1,050.00
1,050.00
2,100.00
350.00
3,250.00
3,600.00
PONo
000004128 000004128 000004018

Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Account Number Vendor Description GLDate Check No Amount PONo 100-4010-5130-00 ANAWALT LUMBER CO INC Bluffs - Mud Sill 04/15/2025 75370 19.54 Vendor Subtotal: 19.54
100-4010-513 0-00 ENHANCED LANDSCAPE MANA Bluffs - Soil Amendment 04/08/2025 75346 725.00 Vendor Subtotal: 725.00
100-4010-5610-00 ANIMAL & INSECT PEST MANA< Bluffs Park MLC - Live Trap & Releru 04/15/2025 75368 295.00 100-4010-5610-00 ANIMAL & INSECT PEST MANA< Bluffs Park MLC - Attic Sanitation 04/15/2025 75368 2,495.00 100-4010-5610-00 ANIMAL & INSECT PEST MANA< Bluffs Park MLC - Rodent Exclusion 04/15/2025 75368 3,495.00 Vendor Subtotal: 6,285.00
100-4010-5610-00 ULTIMATE MAINTENANCE SER' Bluffs/MLC - Window Cleaning 1/29/ 04/08/2025 75365 350.00 Vendor Subtotal: 350.00
100-4010-5610-00 USBANK CS-2481 DIY - Light Bulbs 04/07/2025 75339 52.52 100-4010-5610-00 USBANK CS-6305 DFS Flooring - Carpet Tiles 04/07/2025 75339 672.05 Vendor Subtotal: 724.57
100-4010-5640-00 USBANK CS-2481 Equipment Maintenance 04/07/2025 75339 184.88 Vendor Subtotal: 184.88
100-4010-5710-00 NATIONAL CONSTRUCTION RE1 Bluffs Park Portable Toilets 3/6 - 4/2/2 04/08/2025 75358 941.00 Vendor Subtotal: 941.00
100-4010-5 710-00 UNITED SITE SERVICES OF CAL Snack Shack - Sink/Tank Rental Mar ''. 04/15/2025 75386 979.03 Vendor Subtotal: 979.03
100-4010-5722-00 SOUTHERN CALIFORNIA EDISO Bluffs Park Lift Station - Feb '25 04/15/2025 75383 101.01 100-4010-5722-00 SOUTHERN CALIFORNIA EDISO Community Services - Feb '25 04/15/2025 75383 979.56 100-4010-5722-00 SOUTHERN CALIFORNIA EDISO PCH Median - Feb '25 04/15/2025 75383 14.98 AP-Transactions by Account (04/16/2025 - 10:20 AM) Page6 Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Account Number Vendor Description GLDate Check No Amount PONo Vendor Subtotal: 1,095.55
100-4010-5723-00 LA CO MALIBU TREASURER-WJ Water - Charrnlee 1/21 - 3/17 /25 Ace# 04/15/2025 75377 477.46 100-4010-5723-00 LA CO MALIBU TREASURER-WJ Water- Irrigation Trancas 1/21 - 3/17/'. 04/15/2025 75377 748.72 Vendor Subtotal: 1,226.18
I 00-40 I 0-6160-00 LANDSCAPE STRUCTURES INC Trancas - Playground Equipment 04/ 15/2025 75378 150.82 Vendor Subtotal: 150.82
I 00-40 I 0-6160-00 ATHACOINC Signs - Trail Signs 04/ 15/2025 75379 132.53 Vendor Subtotal: 132.53
100-4010-6160-00 USBANK CS-2481 DIY - Tape 04/07/2025 75339 2.18 100-4010-6160-00 USBANK CS-7433 CVS - Batteries 04/07/2025 75339 7.47 Vendor Subtotal: 9.65
100-4010-6300-00 CAL-COAST MACHINERY INC Maintenance Supplies 04/15/2025 75371 53.68 Vendor Subtotal: 53.68
100-4010-6300-00 USBANK CS-2481 Tools & Minor Equipment 04/07/2025 75339 1,924.04 Vendor Subtotal: l,924.o4
100-4010-6400-00 USBANK CS-2481 Red Wing- Work Boots 04/07/2025 75339 260.61 100-4010-6400-00 USBANK CS-7433 Carhartt - Staff Clothing 04/07/2025 75339 615.96 Vendor Subtotal: 876.57
100-4010-6600-00 USBANK CS-2481 Equipment Parts 04/07/2025 75339 211.28 Vendor Subtotal: 211.28
AP-Transactions by Account (04/16/2025 - 10:20 AM) Page7 Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Account Number Vendor Description GLDate Check No Amount PONo I 00-4011 -6160-00 USBANK CS-7693 Park Tales Supplies 04/07/2025 75339 59.04 Vendor Subtotal: 59.04
100-4012-5107-00 JOLYNN MARIE FREED REGAN Arts - Poetry Workshop - Oct '24 04/15/2025 75381 600.00 Vendor Subtotal: 600.00
I 00-4012-5401-00 13 STARS MEDIA Ad - Frames of Nature Art Exhibit 3/21 04/09/2025 75388 268.00 Vendor Subtotal: 268.00
I 00-4012-6160-00 USBANK CS-7693 Ralphs - Supplies 04/07/2025 75339 98.60 Vendor Subtotal: 98.60
100-7001-5104-00 CALIFORNIA STRATEGIES & AD Lobbying Svcs - Mar '25 04/03/2025 75287 12,500.00 000003092 Vendor Subtotal: 12,500.00
100-7001-5300-00 HAYLYNN CONRAD Reimb - Mayor & Council Member Ac 04/03/2025 75289 1,187.94 Vendor Subtotal: 1,187.94
100-7001-5300-00 USBANK CM-5259 Travel/Training - M. Riggin 04/07/2025 75339 987.28 Vendor Subtotal: 987.28
I 00-7001 -6160-00 USBANK CC-2343 Amazon - Supplies 04/07/2025 75339 155.96 Vendor Subtotal: 155.96
I 00-7001 -6170-00 USBANK CC-2343 Council Meeting - Dinner/Sr 04/07/2025 75339 3 I 3.44 Vendor Subtotal: 3 I 3.44
I 00-7002-5100-00 USBANK CM-5259 Constant Contact - City Nev 04/07/2025 75339 1,632.00 AP-Transactions by Account (04/16/2025 - 10:20 AM) Page 8 Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Account Number Vendor Description GLDate Check No Amount PONo Vendor Subtotal: 1,632.00
I 00-7002-5401-00 USBANK CM-0074 Facebook/X - Ads for City 1 04/07/2025 75339 230.01 Vendor Subtotal: 230.01
I 00-7002-6160-00 USBANK CM-0074 Corporate Casuals - Staff Cl 04/07/2025 75339 378.50 Vendor Subtotal: 378.50
100-7002-6165-00 CMCPLUSLLC Annual Website Fee, Hosting/Support 04/15/2025 75372 3,609.06 Vendor Subtotal: 3,609.06
I 00-7003-5105-00 TOWNSEND PUBLIC AFFAIRS Th Grant Writing Svcs - Feb '25 04/03/2025 75332 6,500.00 000004075 Vendor Subtotal: 6,500.00
I 00-7003-5300-00 USBANK CM-5259 Travel/Training - Refund 04/07/2025 75339 -775.00 I 00-7003-5300-00 USBANK CM-5601 Travel & Training Cancellat 04/07/2025 75339 -481.57 Vendor Subtotal: -1 ,256.57
100-7005-5101-00 BROWN RUDNICK LLP Legal Svcs - Public Trails/Rights ofW 04/03/2025 75285 2,295.00 000004388 100-7005-5101-00 BROWN RUDNICK LLP Legal Svcs - Public Trails/Rights ofW 04/03/2025 75285 255.00 000004388 Vendor Subtotal: 2,550.00
100-7007-5150-00 LA CO REGISTRAR RECCORDEI< Candidate Statements 11/5/24 (D322 l 04/03/2025 75310 1,244.65 Vendor Subtotal: 1,244.65
I 00-7007-5300-00 USBANK CC-2343 IIMC - Webinar 04/07/2025 75339 75.00 100-7007-5300-00 USBANK CC-IO 18 Municipal Clerks Institute - 1 04/07/2025 75339 802.76 Vendor Subtotal: 877.76
AP-Transactions by Account (04/16/2025 - 10:20 AM) Page9 Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Account Number Vendor Description GLDate Check No Amount PONo I 00-7007-5330-00 USBANK CC-2343 IIMC - Membership K. Petti. 04/07/2025 75339 330.00 Vendor Subtotal: 330.00
100-7007-5401-00 13 STARS MEDIA Legal Notice - Ordinance 524 3/27/25 04/08/2025 75340 2,252.00 Vendor Subtotal: 2,252.00
I 00-7021 -5100-00 KIMLEY-HORN AND ASSOCIATE Speed Safety - Feb '25 04/03/2025 75304 22,987.50 000004444 Vendor Subtotal: 22,987.50
I 00-7021 -5100-00 USBANK PS-3241 Veribook - Monthly 04/07/2025 75339 23.87 Vendor Subtotal: 23.87
I 00-7021 -5106-00 LA CO ANIMAL CARE & CONTR• Animal Control - Jan '25 04/03/2025 75305 -1 ,560.72 000004307 I 00-7021-5106-00 LA CO ANIMAL CARE & CONTR• Animal Control - Feb '25 04/03/2025 75305 2,432.61 000004307 Vendor Subtotal: 871.89
100-7021-5119-00 OCEAN PARK COMMUNITY CE:tl Homeless Outreach - Feb '25 04/03/2025 75321 34,795.00 000003783 Vendor Subtotal: 34,795.00
100-7021-5640-00 SOUTHERN CALIFORNIA EDISO Tier - Feb '25 04/15/2025 75383 137.30 Vendor Subtotal: 137.30
100-7021-5721-00 USBANK IS-6901 Starlink- EOC/PS 04/07/2025 75339 250.00 Vendor Subtotal: 250.00
I 00-7021 -6160-00 USBANK PS-3241 Amazon - Supplies 04/07/2025 75339 496.33 I 00-7021 -6160-00 USBANK PS-2785 Amazon - Refund 04/07/2025 75339 -275.72 I 00-7021 -6160-00 USBANK IS-6901 DirectTV - EOC/PS 04/07/2025 75339 190.98 I 00-7021 -6160-00 USBANK PS-8988 Amazon - Supplies 04/07/2025 75339 209.90 I 00-7021 -6160-00 USBANK PS-4095 ChatGPT - Monthly 04/07/2025 75339 20.00 I 00-7021 -6160-00 USBANK PS-3241 Amazon - Refund 04/07/2025 75339 -92.14 AP-Transactions by Account (04/16/2025 - 10:20 AM) Page 10 Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Account Number Vendor Description GLDate Check No Amount PONo Vendor Subtotal: 549.35
100-7021-6160-01 USBANK PS-4213 Veritasvan - VOP Vehicle Sta 04/07/2025 75339 153.99 100-7021-6160-01 USBANK PS-4095 FormAssembly.com - Patrol · 04/07/2025 75339 528.66 Vendor Subtotal: 682.65
I 00-7021 -6400-00 USBANK PS-2785 Proactive Printing - Staff Clo 04/07/2025 75339 539.08 Vendor Subtotal: 539.08
I 00-7054-5100-00 STATE CONTROLLER'S OFFICE FY 23/24 Annual Street Report Prep 04/03/2025 75331 3,600.00 Vendor Subtotal: 3,600.00
100-7054-5300-00 SPRINGBROOK HOLDING COMI PM Module - Feb '25 04/03/2025 75329 120.00 ,000004311 Vendor Subtotal: 120.00
100-7054-5300-00 USBANK AS-5448 League of Ca Cities - 2025 C 04/07/2025 75339 -625.00 100-7054-5300-00 USBANK AS-5091 GFOA- Webinar R. Neermai 04/07/2025 75339 75.00 Vendor Subtotal: -550.00
100-7054-5405-00 SAFEGUARD BUSINESS SYSTEf\ AP Check Stock 04/03/2025 75324 951.08 Vendor Subtotal: 951.08
100-7054-6160-00 SAFEGUARD BUSINESS SYSTEf\ AP & PR Check Envelopes 04/03/2025 75324 1,029.04 Vendor Subtotal: 1,029.04
100-7054-6160-00 STAPLES CONTRACT & COMME Office Supplies - Finance 04/09/2025 75407 97.14 100-7054-6160-00 STAPLES CONTRACT & COMME Office Supplies - Finance 04/09/2025 75407 130.81 Vendor Subtotal: 227.95
AP-Transactions by Account (04/16/2025 - 10:20 AM) Page 11 Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Account Number Vendor Description GLDate Check No Amount PONo 100-7054-6160-00 USBANK AS-5091 Amazon - Supplies 04/07/2025 75339 34.59 Vendor Subtotal: 34.59
I 00-7058-5300-00 SPRINGBROOK HOLDING COMI HR Module Training - Feb '25 04/03/2025 75329 120.00 000004312 Vendor Subtotal: 120.00
I 00-7058-5320-00 MUNICIPAL RESOURCE GROUP HR Support Svcs - Feb '25 04/03/2025 75319 9,000.00 000004158 Vendor Subtotal: 9,000.00
100-7058-5320-00 USBANK HR-3458 Recruitment Expense 04/07/2025 75339 1,617.89 100-7058-5320-00 USBANK HR-5582 Recruitment Expense 04/07/2025 75339 154.17 Vendor Subtotal: 1,772.06
100-7058-6160-00 STAPLES CONTRACT & COMME Office Supplies - HR Ergonomics 04/09/2025 75407 -102.27 Vendor Subtotal: -102.27
100-7058-6160-00 USBANK HR-5582 Office Depot - Supplies 04/07/2025 75339 383.01 100-7058-6160-00 USBANK HR-3458 Amazon - Ergonomic Equip1 04/07/2025 75339 221.14 Vendor Subtotal: 604.15
100-7058-6170-00 USBANK PW-4382 Noah's Bagels - De-Escalati, 04/07/2025 75339 42.57 Vendor Subtotal: 42.57
100-7059-4201 -00 Ca!PERS Retirement PR 10.04.2025 PERS ERShare-Round 04/14/2025 0 -0.01 100-7059-4201 -00 Ca!PERS Retirement PR 10.04.2025 PEPRA ER Contributi< 04/14/2025 0 0.02 Vendor Subtotal: 0.01
100-7059-5205-00 QUADIENT FINANCE USA INC Postage Meter - Dec '24 04/14/2025 75366 1,049.00 100-7059-5205-00 QUADIENT FINANCE USA INC Postage Meter 3/3/25 04/14/2025 75366 1,085.00 100-7059-5205-00 QUADIENT FINANCE USA INC Postage Meter 2/6/25 04/14/2025 75366 49.00 100-7059-5205-00 QUADIENT FINANCE USA INC Postage Meter 3/26/25 04/14/2025 75366 1,049.00 AP-Transactions by Account (04/16/2025 - 10:20 AM) Page 12 Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Account Number Vendor Description GLDate Check No Amount PONo Vendor Subtotal: 3,232.00
I 00-7059-5205-00 USBANK AS-5091 USPS - Postage 04/07/2025 75339 31.40 Vendor Subtotal: 31.40
100-7059-5210-00 PUBLIC AGENCY RETIREMENT PARS Admin Fee - Dec '24 04/03/2025 75320 300.00 100-7059-5210-00 PUBLIC AGENCY RETIREMENT PARS Admin Fee - Jan '25 04/03/2025 75320 300.00 Vendor Subtotal: 600.00
I 00-7059-5640-00 EXCEL OFFICE SERVICES Copier Maint 2/17 - 3/16/25 04/03/2025 75294 783.23 Vendor Subtotal: 783.23
100-7059-5640-00 PRECISION BUSINESS MACHINl Printer Svc - ESD 04/03/2025 75322 95.00 Vendor Subtotal: 95.00
100-7059-5721-00 FRONTIER CALIFORNIA INC Bluffs Park Public Wifi 3/17 - 4/16/25 04/03/2025 75295 153.55 100-7059-5721-00 FRONTIER CALIFORNIA INC Bluffs Park 2nd Public Wifi - Feb '25 04/03/2025 75295 213.90 Vendor Subtotal: 367.45
I 00-7059-5721-00 T-MOBILE USA INC Phones/Tablets Fire Safety 2/11 - 3/20, 04/08/2025 75362 794.92 Vendor Subtotal: 794.92
100-7059-5800-00 US BANK NATIONAL ASSOCIATl Toshiba Leases 3/15 - 4/15/25 04/08/2025 75363 3,867.41 Vendor Subtotal: 3,867.41
I 00-7059-6160-00 STAPLES CONTRACT & COMME Office Supplies - Non Departmental 04/03/2025 75330 376.70 100-7059-6160-00 STAPLES CONTRACT & COMME Office Supplies - Non Departmental 04/09/2025 75407 80.08 Vendor Subtotal: 456.78
AP-Transactions by Account (04/16/2025 - 10:20 AM) Page 13 Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Account Number Vendor Description GLDate Check No Amount PONo I 00-7059-6160-00 USBANK IS-690 I Supplies 04/07/2025 75339 1,212.35 I 00-7059-6160-00 USBANK HR-3458 Fraudulent Charge 04/07/2025 75339 27.57 Vendor Subtotal: 1,239.92
I 00-7059-7600-00 USBANK AS-7465 Ergo Direct - B&S Office Ct 04/07/2025 75339 848.71 Vendor Subtotal: 848.71
Subtotal for Section I: I 00 673,217.81
IO 1-0000-3408-00 GLOBAL VIEW Ref - Bio Review CDPWF 23-006, 30 04/03/2025 75298 430.00 Vendor Subtotal: 430.00
I 01-0000-3412-00 29851 PCH LLC Ref - Coastal Engineering APR 22-061 04/08/2025 75341 528.00 Vendor Subtotal: 528.00
IO 1-0000-3414-00 GLOBAL VIEW Ref- EH Fees CDPWF 23-006, 30103 04/03/2025 75298 1,246.50 Vendor Subtotal: 1,246.50
IO 1-0000-3418-00 MICHAELPENTASEWERSPECD Ref- Renewal Fee OP 24-1149, 20520 04/03/2025 75316 560.00 Vendor Subtotal: 560.00
IO 1-0000-3418-00 MOSSER PLUMBING & HEATINC Ref- Renewal Fees OP 25-0004, 2144: 04/03/2025 75318 560.00 Vendor Subtotal: 560.00
IO 1-0000-3419-00 WILLOW HERRICK Ref- Credit Card Fees 04/03/2025 75303 6.10 Vendor Subtotal: 6.10
I 01-0000-3421 -00 ASK ASSOCIATES LLC Ref- Credit Card Fee CDP 20-066, 22'. 04/03/2025 75283 34.87 Vendor Subtotal: 34.87
AP-Transactions by Account (04/16/2025 - 10:20 AM) Page 14 Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Account Number Vendor Description GLDate Check No Amount PONo 101-0000-3421-00 BURDGE & ASSOCIATES ARCH!' Ref - Credit Card Fee APR 24-034, 27 04/03/2025 75286 43.92 Vendor Subtotal: 43.92
101-0000-3421-00 GLOBAL VIEW Ref- Planning Fees CDPWF 23-006, : 04/03/2025 75298 6,839.00 Vendor Subtotal: 6,839.00
101-0000-3421-00 WILLOW HERRICK Ref- Planning Fees OC 25-058, 29030 04/03/2025 75303 200.00 Vendor Subtotal: 200.00
101-0000-3421-00 MICHAEL KASABA Ref - Planning Incorrect Fee 04/08/2025 75351 70.00 Vendor Subtotal: 70.00
I 01-0000-3421-00 ANNA LAGUTENKO Ref - VAR: Other CDP 23-047 04/08/2025 75353 3,404.00 I 01-0000-3421-00 ANNA LAGUTENKO Ref - Plan Review CDP 23-047 04/08/2025 75353 1,134.00 101-0000-3421-00 ANNA LAGUTENKO Ref - Categorical Exemption CDP 23-1 04/08/2025 75353 75.00 Vendor Subtotal: 4,613.00
I 01-0000-3421 -00 JOSEPH LAPINSKI Ref- Credit Card Fee APR 25-001, 58 04/03/2025 75314 82.63 Vendor Subtotal: 82.63
IO 1-0000-34 21 -00 JEAN SUMMERS Ref - Categorical Exemption PVPF 25 04/08/2025 75361 75.00 Vendor Subtotal: 75.00
101-2001-5210-00 LA COUNTY REGISTRAR-RECOR CEQA Filing - 27460 Latigo Bay Viev 04/03/2025 75306 75.00 101-2001-5210-00 LA COUNTY REGISTRAR-RECOR CEQA Filing - 30602 El Sueno Dr - A 04/03/2025 75307 75.00 101-2001-5210-00 LA COUNTY REGISTRAR-RECOR CEQA Filing - 33955 Pacific Coast H1 04/03/2025 75308 75.00 101-2001-5210-00 LA COUNTY REGISTRAR-RECOR CEQA Filing - 6744 Dume Dr - DMW 04/03/2025 75309 75.00 101-2001-5210-00 LA COUNTY REGISTRAR-RECOR CEQA Filing - 30411 Pacific Coast H, 04/15/2025 75376 75.00 101-2001-5210-00 LA COUNTY REGISTRAR-RECOR CEQA Filing - 29359 Bluewater Rd - , 04/15/2025 75375 75.00 Vendor Subtotal: 450.00
AP-Transactions by Account (04/16/2025 - 10:20 AM) Page 15 Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Account Number Vendor Description GLDate Check No Amount PONo 101-2001-5330-00 USBANK PL-5265 Zoom - Monthly 04/07/2025 75339 16.71 Vendor Subtotal: 16.71
101-2001-5401-00 13 STARS MEDIA Legal Notice - Public Hearing 3/ 13/25 04/03/2025 75280 156.06 101-2001-5401-00 13 STARS MEDIA Legal Notice - Public Hearing 3/27/25 04/08/2025 75340 183.60 Vendor Subtotal: 339.66
101-2001-5401-00 CRPRINT Public Notice Postcard Mailings 04/03/2025 75291 263.20 000004077 101-2001-5401-00 CRPRINT Public Notice Postcard Mailings 04/03/2025 75291 301.68 000004077 Vendor Subtotal: 564.88
101-2001-5401-00 USBANK IS-6901 LA Times - Legal Notice LCF 04/07/2025 75339 5,705.46 Vendor Subtotal: 5,705.46
101-2001-6160-00 STAPLES CONTRACT & COMME Office Supplies - Planning 04/09/2025 75407 100.31 Vendor Subtotal: 100.31
I 01-2001 -6160-00 USBANK PL-5265 Lucid Software - S. Elias 04/07/2025 75339 11.00 Vendor Subtotal: 11.00
101-2004-5100-00 COTTON SHIRES & ASSOCIATE~ Geo/Coastal Engr - Feb '25 04/09/2025 75396 21 ,105.54 000004314 101-2004-5100-00 COTTON SHIRES & ASSOCIATE~ Coastal Engr Reviews - Feb '25 04/09/2025 75396 1,260.00 000004314 101-2004-5100-00 COTTON SHIRES & ASSOCIATE~ EH Counter Hours - Feb '25 04/09/2025 75396 12,845.25 000004314 101-2004-5100-00 COTTON SHIRES & ASSOCIATE~ B&S Misc - Feb '25 04/09/2025 75396 5,634.50 000004314 101-2004-5100-00 COTTON SHIRES & ASSOCIATE~ Geotech Reviews - Feb '25 04/09/2025 75396 13,583.25 000004314 101-2004-5100-00 COTTON SHIRES & ASSOCIATE~ B&S Admin - Feb '25 04/09/2025 75396 382.00 000004314 Vendor Subtotal: 54,810.54
101-2004-5100-00 CSG CONSULTANTS INC In-House Plan Check - Feb '25 04/03/2025 75292 1,227.50 000004308 Vendor Subtotal: 1,227.50
AP-Transactions by Account (04/16/2025 - 10:20 AM) Page 16 Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Account Number Vendor Description GLDate Check No Amount PONo IO 1-2004-5100-00 TRUE NORTH COMPLIANCE SEF Plan Check - Feb '25 04/09/2025 75411 35,438.63 000004319 101-2004-5100-00 TRUE NORTH COMPLIANCE SEF In-House Plan Check Engr - Feb '25 04/09/2025 75411 5,850.00 000004319 I 01-2004-5100-00 TRUE NORTH COMPLIANCE SEF In-House Inspector 1 - Feb '25 04/09/2025 75411 2,400.00 000004319 Vendor Subtotal: 43,688.63
I 01-2004-5100-00 BUREAU VERITAS NORTH AMEi On-Site Inspections - Feb '25 04/09/2025 75416 12,865.00 000004398 101-2004-5100-00 BUREAU VERITAS NORTH AMEi On-Site Permit Tech - Feb '25 04/09/2025 75416 13,068.00 000004398 101-2004-5100-00 BUREAU VERITAS NORTH AMEi Plans Examiner - Feb '25 04/09/2025 75416 9,060.00 000004398 Vendor Subtotal: 34,993.00
101-2004-5107-00 APPLEONE Temp Staff- S. Cordova 3/ 15/25 04/09/2025 75391 1,226.66 000004467 Vendor Subtotal: 1,226.66
101-2004-5300-00 USBANK ESD-9405 Construction Exam Ctr - TI 04/07/2025 75339 995.00 Vendor Subtotal: 995.00
101-2004-5401-00 13 STARS MEDIA Ad- E3 Update 1/16/25 04/03/2025 75280 268.00 101-2004-5401-00 13 STARS MEDIA Legal Notice - Public Hearing 21-Day 04/03/2025 75280 162.18 Vendor Subtotal: 430.18
101-2004-5401-00 USBANK ESD-7736 Revel Digital - Svcs 04/07/2025 75339 24.95 Vendor Subtotal: 24.95
101-2004-6160-00 STAPLES CONTRACT & COMME Office Supplies - Bldg Safety 04/09/2025 75407 336.16 Vendor Subtotal: 336.16
101-2004-6160-00 USBANK ESD-7736 Amazon - Supplies 04/07/2025 75339 87.99 Vendor Subtotal: 87.99
IO 1-2004-6400-00 SMASH ATHLETICS INC ESD Management Cardigans 04/03/2025 75328 472.42 AP-Transactions by Account (04/16/2025 - 10:20 AM) Page 17 Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Account Number Vendor Description GLDate Check No Amount PONo Vendor Subtotal: 472.42
IO 1-2004-6400-00 USBANK ESD-7736 Land's End - Staff Clothing 04/07/2025 75339 620.00 IO 1-2004-6400-00 USBANK ESD-9405 Land's End - Staff Clothing 04/07/2025 75339 29.06 Vendor Subtotal: 649.06
101-2010-5100-00 COTTON SHIRES & ASSOCIATE~ EH Reviews - Feb '25 04/09/2025 75396 11 ,982.75 000004314 Vendor Subtotal: 11 ,982.75
101-2010-5330-00 USBANK ESD-7736 AEG - Membership S. And 04/07/2025 75339 195.00 Vendor Subtotal: 195.00
101-2012-6160-00 STAPLES CONTRACT & COMME Office Supplies - Code Enforcement 04/09/2025 75407 99.96 Vendor Subtotal: 99.96
101-2012-6400-00 USBANK PL-5265 Amazon - Work Shoes 04/07/2025 75339 474.14 101-2012-6400-00 USBANK AS-5091 Rush Order Tees - StaffClotl 04/07/2025 75339 1,146.24 Vendor Subtotal: 1,620.38
101-3003-5100-00 RINCON CONSULTANTS INC On-Call Environmental Svcs - Jan '25 04/09/2025 75406 32,372.00 000004337 Vendor Subtotal: 32,372.00
101-3003-5100-02 STORMWATER QUALITY DIVIS!( Reimb- FY 23/24 CIMP/MS4 Permit I 04/03/2025 75290 129,852.46 Vendor Subtotal: 129,852.46
101-3003-5100-02 STORMWATER QUALITY DMSI( Reimb- FY 23/24 CIMP Implement/M 04/03/2025 75312 8,876.24 Vendor Subtotal: 8,876.24
I 01-3003-5330-00 USBANK ESD-9405 CWEA - Membership Y. B 04/07/2025 75339 239.00 AP-Transactions by Account (04/16/2025 - 10:20 AM) Page 18 Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Account Number
I 02-3002-5100-03
I 02-3002-5100-03
102-3002-5100-03
I 02-3002-5100-03
102-3101-5100-00 102-3101-5100-00 102-3101-5100-03 102-3101-5100-03 102-3101-5120-01
I 02-3102-5100-00
AP-Transactions by Account (04/16/2025 - 10:20 AM)
Vendor Description GLDate Check No
Vendor Subtotal:

Subtotal for Section I: IO I
COTTON SHIRES & ASSOCIATE~ WF Geotech Reviews - Feb '25 COTTON SHIRES & ASSOCIATE~ WF EH Reviews - Feb '25
COTTON SHIRES & ASSOCIATE~ WF Counter Hours - Feb '25
04/09/2025
04/09/2025 04/09/2025
Vendor Subtotal:

TRUE NORTH COMPLIANCE SEF WF Plan Check - Feb '25 04/09/2025 Vendor Subtotal:

TRIPEPI SMITH & ASSOCIATES Franklin Fire - Communications Supp, 04/09/2025 Vendor Subtotal:

ULTIMATE MAINTENANCE SER1 Franklin Fire - Bluffs Park Cleaning 04/09/2025 Vendor Subtotal:

COTTON SHIRES & ASSOCIATE~ Franklin Fire B&S Misc - Feb '25 04/09/2025 Vendor Subtotal:

BUREAU VERITAS NORTH AMEi Franklin Fire Onsite Plans Examiner - 04/09/2025 Vendor Subtotal:

CLEAN HARBORS ENVIRONMEI Franklin Fire Hazardous Waste - Feb •: 04/09/2025 Vendor Subtotal:

ACME VALLEY SECURITY SERV Rebuild Ctr - Network Svcs 04/09/2025 Vendor Subtotal:
75396 75396
75396
75411
75409 75413 75396 75416
75394
75389
Amount PONo
239.00
346,656.92
4,019.00 000003347
3,341.75 000003347 3,318.00 000003347
10,678.75
2,655.25 000004319
2,655.25
117.50 000004209 117.50
375.00 375.00
6,685.00 000004460
6,685.00
1,690.00 000004456 1,690.00
7,082.77 000004466 7,082.77
725.00 725.00

Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Account Number Vendor Description GLDate Check No Amount PONo I 02-3102-5100-00 AMERICAN GLOBAL SECURITY Palisades Fire - Malibu Colony Securi1 04/09/2025 75390 3,219.30 Vendor Subtotal: 3,219.30
I 02-3102-5100-00 INFINITY TECHNOLOGIES Palisades Fire - GIS Svcs - Feb '25 04/09/2025 75402 2,182.50 000004462 I 02-3102-5100-00 INFINITY TECHNOLOGIES Franklin Fire - GIS Svcs - Jan '25 04/09/2025 75401 1,120.00 000004462 Vendor Subtotal: 3,302.50
I 02-3102-5100-00 LIFESIGNS NOW Palisades Fire - Cancellation ASL Inte 04/09/2025 75403 472.00 I 02-3102-5100-00 LIFESIGNS NOW Palisades Fire - ASL Interpreters 1/25/ 04/09/2025 75403 2,250.00 Vendor Subtotal: 2,722.00
I 02-3102-5100-00 TRIPEPI SMITH & ASSOCIATES Palisades Fire - On-Call Communicati, 04/09/2025 75410 48,125.86 000004457 Vendor Subtotal: 48,125.86
102-3102-5100-00 ULTIMATEMAINTENANCESER1 Palisades Fire - City Hall Cleaning 04/09/2025 75413 1,100.00 I 02-3102-5100-00 ULTIMATE MAINTENANCE SER' Rebuild Ctr Custodial Svcs - Mar '25 04/09/2025 75414 1,900.00 000004465 Vendor Subtotal: 3,000.00
I 02-3102-5100-00 USBANK CS-4743 Palisades Fire - Portable Stor 04/07/2025 75339 113.08 Vendor Subtotal: 113.08
I 02-3102-5100-03 COTTON SHIRES & ASSOCIATE~ Palisades Fire Disaster Response - F et 04/09/2025 75397 79,730.00 000004460 I 02-3102-5100-03 COTTON SHIRES & ASSOCIATE~ Palisades Fire Rebuild Ctr Counter Ho 04/09/2025 75397 23,985.00 000004460 Vendor Subtotal: 103,715.00
I 02-3102-5100-03 TRUE NORTH COMPLIANCE SEF Palisades Fire - In-House Sr Structural 04/09/2025 75412 3,262.50 000004458 Vendor Subtotal: 3,262.50
I 02-3102-5100-03 BUREAU VERITAS NORTH AMEi Palisades Fire Onsite Plans Examiner· 04/09/2025 75417 845.00 000004456 AP-Transactions by Account (04/16/2025 - 10:20 AM) Page20 Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Account Number Vendor Description GLDate Check No Amount PONo Vendor Subtotal: 845.00
I 02-3102-5100-04 MNS ENGINEERS INC Task I: Big Rock Easement - Fed '25 04/09/2025 75405 2,940.00 000004459 Vendor Subtotal: 2,940.00
102-3102-5107-00 APPLEONE Temp Staff - R. Hemphill 3/15/25 04/09/2025 75391 1,881.60 000004467 102-3102-5107-00 APPLEONE Temp Staff- P. Northrup 3/15/25 04/09/2025 75391 1,427.75 000004467 102-3102-5107-00 APPLEONE Temp Staff- R. De Leon 3/15/25 04/09/2025 75391 1,821.60 000004467 Vendor Subtotal: 5,130.95
I 02-3102-5120-01 BURNS PACIFIC CONSTRUCTIOl Palisades Fire Debris Removal - Feb •; 04/09/2025 75393 13,695.18 000004401 Vendor Subtotal: 13,695.18
102-3102-5120-01 GI INDUSTRIES Palisades Fire - City Yard Debris Remi 04/09/2025 75400 2,240.92 102-3102-5120-01 GI INDUSTRIES Palisades Fire - City Yard Debris Remi 04/09/2025 75400 2,678.03 Vendor Subtotal: 4,918.95
102-3102-5205-00 UNITED STATES POST OFFICE Permit#l 74 Bulk Mail - Palisades Fire 04/09/2025 75415 1,815.98 Vendor Subtotal: 1,815.98
102-3102-5300-00 USBANK CS-7118 Palisades Fire -Mutual Aid L 04/07/2025 75339 785.02 I 02-3102-5300-00 USBANK CS-6305 Palisades Fire - Lodging Refi 04/07/2025 75339 -319.12 Vendor Subtotal: 465.90
102-3102-5401-00 13 STARS MEDIA Palisades Fire Ad - ROE 3/20/25 04/09/2025 75388 268.00 102-3102-5401-00 13 STARS MEDIA Ad - Rebuild Website 2/20/25 04/09/2025 75388 268.00 102-3102-5401-00 13 STARS MEDIA Legal Notice - CCC Hearing 3/27/25 04/09/2025 75387 141.52 102-3102-5401-00 13 STARS MEDIA Legal Notice - Rebuild Ordinance 524 04/09/2025 75387 2,252.00 102-3102-5401-00 13 STARS MEDIA Palisades Fire Digital Ads - Rebuild C 04/09/2025 75388 800.00 102-3102-5401-00 13 STARS MEDIA Palisades Fire Ad - Rebuild Ctr 3/20/2 04/09/2025 75388 268.00 Vendor Subtotal: 3,997.52
AP-Transactions by Account (04/16/2025 - 10:20 AM) Page 21 Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Account Number Vendor Description GLDate Check No Amount PONo 102-3102-5405-00 CRPRINT Palisades Fire - Citywide Mailing Con 04/09/2025 75398 2,398.05 Vendor Subtotal: 2,398.05
102-3102-5405-00 BRIAN SHORE Palisades Fire - Repopulation Bathroo1 04/09/2025 75408 446.76 102-3102-5405-00 BRIAN SHORE Palisades Fire - Emergency Distributic 04/09/2025 75408 306.60 102-3102-5405-00 BRIAN SHORE Palisades Fire - Town Hall Meeting Si; 04/09/2025 75408 952.65 102-3102-5405-00 BRIAN SHORE Palisades Fire - Rebuild Ctr Signage 04/09/2025 75408 421.05 102-3102-5405-00 BRIAN SHORE Palisades Fire - Rebuild Ctr Signage 04/09/2025 75408 72.94 Vendor Subtotal: 2,200.00
102-3102-5405-00 USBANK CM-5259 Palisades Fire - DRC Prints 04/07/2025 75339 102.05 102-3102-5405-00 USBANK CM-0074 Palisades Fire - DRC Prints 04/07/2025 75339 1.45 102-3102-5405-00 USBANK CM-0074 Palisades Fire - DRC Prints 04/07/2025 75339 33.73 I 02-3102-5405-00 USBANK CM-0074 Palisades Fire - DRC Prints 04/07/2025 75339 36.13 Vendor Subtotal: 173.36
102-3102-6160-00 CONEJO AWARDS Palisades Fire - City Council Clothing 04/09/2025 75395 107.25 Vendor Subtotal: 107.25
102-3102-6160-00 FENCE FACTORY RENTALS Palisades Fire Repopulation - Toilet/H 04/09/2025 75399 5,428.28 000004463 102-3102-6160-00 FENCE FACTORY RENTALS Palisades Fire Repopulation - Toilet/H 04/09/2025 75399 22,086.85 000004464 102-3102-6160-00 FENCE FACTORY RENTALS Palisades Fire Repopulation - Toilet/H 04/09/2025 75399 160.00 102-3I02-6160-00 FENCE FACTORY RENTALS Palisades Fire - Ioki Property Fence/G 04/09/2025 75399 9,997.00 000004452 102-3102-6160-00 FENCE FACTORY RENTALS Palisades Fire Repopulation - Cancelfa 04/09/2025 75399 136.88 I 02-3102-6160-00 FENCE FACTORY RENTALS Palisades Fire - Ioki Lot Fencing 04/09/2025 75399 4,482.00 I 02-3102-6160-00 FENCE FACTORY RENTALS Palisades Fire - Containment Tray Ren 04/09/2025 75399 175.20 102-3102-6160-00 FENCE FACTORY RENTALS Palisades Fire - Containment Tray Ren 04/09/2025 75399 87.60 102-3102-6160-00 FENCE FACTORY RENTALS Palisades Fire Repopulation - Fence/N 04/09/2025 75399 157.00 Vendor Subtotal: 42,710.81
I 02-3102-6160-00 STAPLES CONTRACT & COMME Office Supplies - Rebuild Ctr 04/09/2025 75407 103.87 102-3102-6160-00 STAPLES CONTRACT & COMME Office Supplies - Rebuild Ctr 04/09/2025 75407 153.16 Vendor Subtotal: 257.03
AP-Transactions by Account (04/16/2025 - 10:20 AM) Page22 Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Account Number Vendor Description GLDate Check No Amount PONo 102-3102-6160-00 USBANK CM-5259 Palisades Fire - DRC Suppli 04/07/2025 75339 68.15 I 02-3 I 02-6160-00 USBANK CC-1018 Palisades Fire - Storm Prep 04/07/2025 75339 2,815.14 102-3102-6160-00 USBANK IS-690 I Palisades Fire - Rebuild Ctr S 04/07/2025 75339 264.00 I 02-3102-6160-00 USBANK PS-9005 Palisades Fire - Rebuild Ctr~ 04/07/2025 75339 213.68 I 02-3102-6160-00 USBANK PS-3241 Palisades Fire - EOC Supplic 04/07/2025 75339 300.45 I 02-3102-6160-00 USBANK CS-4743 Palisades Fire - EOC Supplif 04/07/2025 75339 389.06 102-3102-6160-00 USBANK IS-6901 Palisades Fire - Rebuild Ctr S 04/07/2025 75339 308.31 102-3102-6160-00 USBANK CS-4743 Palisades Fire - Rebuild Ctr 1 04/07/2025 75339 774.67 102-3102-6160-00 USBANK CS-4743 Palisades Fire - EOC Supplif 04/07/2025 75339 64.98 102-3102-6160-00 USBANK PS-3241 Palisades Fire - Repopulatio1 04/07/2025 75339 643.85 102-3102-6160-00 USBANK CS-4743 Palisades Fire - Supplies 04/07/2025 75339 127.93 102-3102-6160-00 USBANK CS-6305 Palisades Fire - EOC Meals 04/07/2025 75339 168.57 I 02-3102-6160-00 USBANK PS-3241 Palisades Fire -Amazon Ref 04/07/2025 75339 -128.00 I 02-3102-6160-00 USBANK PS-9005 Palisades Fire - Repopulation 04/07/2025 75339 339.75 I 02-3102-6160-00 USBANK IS-690 I Palisades Fire - Rebuild Ctr S 04/07/2025 75339 1,055.94 I 02-3102-6160-00 USBANK AS-5091 Palisades Fire - EOC Supplit 04/07/2025 75339 64.84 I 02-3102-6160-00 USBANK PS-3241 Palisades Fire - Rebuild Ctr; 04/07/2025 75339 68.72 I 02-3102-6160-00 USBANK IS-6901 Palisades Fire - Rebuild Ctr S 04/07/2025 75339 361.90 102-3102-6160-00 USBANK CS-6305 Palisades Fire - EOC Meals 04/07/2025 75339 123.37 102-3102-6160-00 USBANK CM-0074 Palisades Fire - DRC Suppli 04/07/2025 75339 40.63 102-3102-6160-00 USBANK CS-4743 Palisades Fire - EOC Supplif 04/07/2025 75339 81.72 102-3102-6160-00 USBANK CM-5259 Palisades Fire - DRC Staff~ 04/07/2025 75339 75.40 102-3102-6160-00 USBANK CS-4743 Palisades Fire - Rebuild Ctr 1 04/07/2025 75339 1,637.92 102-3102-6160-00 USBANK PS-9005 Palisades Fire - EOC Meals 04/07/2025 75339 407.50 I 02-3102-6160-00 USBANK PS-9005 Palisades Fire - EOC Meals 04/07/2025 75339 366.68 102-3102-6160-00 USBANK CS-4743 Palisades Fire - EOC Meals 04/07/2025 75339 352.68 I 02-3 I 02-6160-00 USBANK IS-690 I Palisades Fire - Rebuild Ctr S 04/07/2025 75339 308.79 I 02-3102-6160-00 USBANK CS-4743 Palisades Fire - EOC Meals 04/07/2025 75339 278.00 I 02-3102-6160-00 USBANK CM-0074 Palisades Fire - DRC Suppli 04/07/2025 75339 9.98 I 02-3102-6160-00 USBANK CM-0074 Palisades Fire - DRC Suppli 04/07/2025 75339 32.79 102-3102-6160-00 USBANK CS-6305 Palisades Fire - Repopulatior 04/07/2025 75339 83.56 102-3102-6160-00 USBANK PS-9005 Palisades Fire - EOC Meals 04/07/2025 75339 341.50 102-3102-6160-00 USBANK PS-9005 Palisades Fire - EOC Supplie 04/07/2025 75339 31.34 102-3102-6160-00 USBANK PS-3241 Palisades Fire - Rebuild Ctr ; 04/07/2025 75339 27.23 102-3102-6160-00 USBANK CS-7693 Palisades Fire - Town Hall Si 04/07/2025 75339 61.40 102-3102-6160-00 USBANK CS-6305 Palisades Fire - Repopulatior 04/07/2025 75339 461.20 I 02-3102-6160-00 USBANK PS-9005 Palisades Fire - EOC Meals 04/07/2025 75339 442.00 I 02-3102-6160-00 USBANK PS-3241 Palisades Fire - Rebuild Ctr; 04/07/2025 75339 353.64 I 02-3102-6160-00 USBANK CS-6305 Palisades Fire - EOC Supplif 04/07/2025 75339 108.45 I 02-3 I 02-6160-00 USBANK CM-0074 Palisades Fire - DRC Suppli 04/07/2025 75339 42.63 I 02-3102-6160-00 USBANK IS-6901 Palisades Fire - Rebuild Ctr S 04/07/2025 75339 862.12 I 02-3102-6160-00 USBANK CS-6305 Palisades Fire - EOC Meals 04/07/2025 75339 424.76 I 02-3102-6160-00 USBANK PS-3241 Palisades Fire - EOC Supplic 04/07/2025 75339 154.99 AP-Transactions by Account (04/16/2025 - 10:20 AM) Page23 Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Account Number Vendor Description GLDate Check No Amount PONo 102-3102-6160-00 USBANK PS-3241 Palisades Fire - EOC Suppli, 04/07/2025 75339 526.39 102-3102-6160-00 USBANK CS-4743 Palisades Fire - EOC Meals 04/07/2025 75339 539.56 102-3102-6160-00 USBANK PS-3241 Palisades Fire - EOC Suppli, 04/07/2025 75339 384.76 102-3102-6160-00 USBANK CS-6305 Palisades Fire - Rebuild Ctr 1 04/07/2025 75339 695.77 102-3102-6160-00 USBANK CS-2481 Palisades Fire - Rebuild Ctr 1 04/07/2025 75339 120.25 102-3102-6160-00 USBANK PS-9005 Palisades Fire - EOC Supplie 04/07/2025 75339 388.72 102-3102-6160-00 USBANK PS-9005 Palisades Fire - EOC Meals 04/07/2025 75339 451.44 102-3102-6160-00 USBANK CC-1018 Palisades Fire - Repopulatio1 04/07/2025 75339 1,599.10 I 02-3102-6160-00 USBANK PS-9005 Palisades Fire - EOC Meals 04/07/2025 75339 222.80 I 02-3102-6160-00 USBANK CS-6305 Palisades Fire - EOC Meals 04/07/2025 75339 172.00 102-3102-6160-00 USBANK PS-3241 Palisades Fire - EOC Suppli, 04/07/2025 75339 266.37 102-3102-6160-00 USBANK PS-9005 Palisades Fire - EOC Meals 04/07/2025 75339 232.00 102-3102-6160-00 USBANK PS-9005 Palisades Fire - EOC Meals 04/07/2025 75339 366.40 102-3102-6160-00 USBANK CS-6305 Palisades Fire - EOC Meals 04/07/2025 75339 441.05 102-3102-6160-00 USBANK CS-6305 Palisades Fire - EOC Meals 04/07/2025 75339 269.50 102-3102-6160-00 USBANK PS-3241 Palisades Fire - EOC Suppli, 04/07/2025 75339 23.90 102-3102-6160-00 USBANK PS-3241 Palisades Fire - Rebuild Ctr ; 04/07/2025 75339 153.95 102-3102-6160-00 USBANK CS-4743 Palisades Fire - Rebuild Ctr 1 04/07/2025 75339 36.27 102-3102-6160-00 USBANK CS-6305 Palisades Fire - EOC Meals 04/07/2025 75339 381.60 102-3102-6160-00 USBANK CS-4743 Palisades Fire - Rebuild Ctr 1 04/07/2025 75339 652.52 102-3102-6160-00 USBANK PS-3241 Palisades Fire - EOC Suppli, 04/07/2025 75339 1,078.46 102-3102-6160-00 USBANK CS-6305 Palisades Fire - EOC Meals 04/07/2025 75339 442.00 102-3102-6160-00 USBANK PS-3241 Palisades Fire - EOC Suppli, 04/07/2025 75339 398.61 102-3102-6160-00 USBANK PW-9093 Palisades Fire - Supplies 04/07/2025 75339 96.44 102-3102-6160-00 USBANK CS-6305 Palisades Fire - Repopulatior 04/07/2025 75339 104.45 102-3102-6160-00 USBANK PS-9005 Palisades Fire - EOC Meals 04/07/2025 75339 439.27 102-3102-6160-00 USBANK PS-9005 Palisades Fire - Repopulatioll 04/07/2025 75339 339.75 102-3102-6160-00 USBANK CM-5259 Palisades Fire - DRC Staff~ 04/07/2025 75339 49.00 102-3102-6160-00 USBANK PS-3241 Palisades Fire - Repopulatirn 04/07/2025 75339 1,135.33 102-3102-6160-00 USBANK CS-4743 Palisades Fire - EOC Meals 04/07/2025 75339 347.60 102-3102-6160-00 USBANK CS-7693 Palisades Fire - Supplies 04/07/2025 75339 11.20 102-3102-6160-00 USBANK PS-9005 Palisades Fire - EOC Meals 04/07/2025 75339 308.00 102-3102-6160-00 USBANK CS-6305 Palisades Fire - Rebuild Ctr 1 04/07/2025 75339 83.72 102-3102-6160-00 USBANK PS-9005 Palisades Fire - EOC Supplie 04/07/2025 75339 109.72 102-3102-6160-00 USBANK CS-6305 Palisades Fire - Repopulatior 04/07/2025 75339 131.98 102-3102-6160-00 USBANK PS-9005 Palisades Fire - Rebuild Ctr E 04/07/2025 75339 108.90 102-3102-6160-00 USBANK CS-6305 Palisades Fire - Repopulatior 04/07/2025 75339 504.35 102-3102-6160-00 USBANK PS-3241 Palisades Fire - EOC Suppli, 04/07/2025 75339 14.30 102-3102-6160-00 USBANK CS-6305 Palisades Fire - EOC Meals 04/07/2025 75339 347.60 102-3102-6160-00 USBANK PS-9005 Palisades Fire - EOC Meals 04/07/2025 75339 449.55 102-3102-6160-00 USBANK IS-690 I Palisades Fire - Rebuild Ctr S 04/07/2025 75339 145.74 102-3102-6160-00 USBANK PS-9005 Palisades Fire - EOC Meals 04/07/2025 75339 471.90 AP-Transactions by Account (04/16/2025 - 10:20 AM) Page24 Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Account Number
I 02-3102-7600-00 I 02-3102-7600-00 I 02-3102-7600-00
102-9207-5100-00 103-9050-5100-00 103-9050-5610-00 103-9050-5610-00 103-9050-5610-00 103-9050-5610-00 103-9050-5610-00 103-9050-5610-00 103-9050-5610-00 AP-Transactions by Account (04/16/2025 - 10:20 AM)
Vendor

USBANK USBANK XEROX CORPORATION
Description GLDate
Vendor Subtotal:

AS-5091 Palisades Fire - Rebuild Ctr l
PS-9005 Palisades Fire - Rebuild Ctr E
04/07/2025 04/07/2025
Vendor Subtotal:

Palisades Fire Rebuild Office - Xerox 04/09/2025
Vendor Subtotal:

TOM MALLOY CORPORATION Temp Shoring Plates - Latigo Cyn 1/31 04/03/2025 Vendor Subtotal:

Check No
75339 75339 75418
75333
Subtotal for Section I: I 02
ENHANCED LANDSCAPE MANA City Hall - Plant Installation

WW GRAINGER INC WW GRAINGER INC
808 HARTS ELECTRIC INC.

City Hall - Toilet Parts
City Hall - V-Belts Fan
City Hall - Transformer
MASTER COOLING CORPORATII HVAC Parts
MASTER COOLING CORPORATII HVAC Repair
MASTER COOLING CORPORATII HVAC Reversing Valve
04/ 15/2025
Vendor Subtotal:
04/03/2025 04/03/2025
Vendor Subtotal:
04/03/2025
Vendor Subtotal:
04/08/2025 04/08/2025 04/08/2025
Vendor Subtotal:

US8ANK AS-7465 Facilities Maintenance 04/07/2025
75373 75300 75300 75302
75355
75355 75355 75339
Amount PONo
30,054.44
6,164.55
3,447.99
9,612.54
6,042.22 000004425
6,042.22
1,848.00 1,848.00
326,682.69
285.00 285.00

56.52 45.14
101.66
3,135.32 3,135.32
364.20
560.00
3,566.06
4,490.26
2,750.64

Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Account Number Vendor Description GLDate Check No Amount PONo Vendor Subtotal: 2,750.64
I 03-9050-5722-00 SOUTHERN CALIFORNIA EDISO City Hall - Feb '25 04/ 15/2025 75383 8,894.88 Vendor Subtotal: 8,894.88
I 03-9050-5725-00 GI INDUSTRIES Garbage - City Hall Green Waste - Ap1 04/15/2025 75374 67.79 Vendor Subtotal: 67.79
103-9050-6160-00 HD SUPPLY INC City Hall - Janitorial Supplies 04/08/2025 75350 479.91 Vendor Subtotal: 479.91
103-9050-6160-00 USBANK AS-7465 Amazon - Supplies 04/07/2025 75339 115.81 Vendor Subtotal: 115.81
I 03-9050-6300-00 USBANK AS-7465 Tools/Minor Equipment 04/07/2025 75339 3,207.08 Vendor Subtotal: 3,207.08
Subtotal for Section I : 103 23,528.35
203-3009-5145-00 13 STARS MEDIA Ad - Dial-A-Ride 1/16/25 04/03/2025 75280 268.00 203-3009-5145-00 13 STARS MEDIA Ad - Dial-A-Ride 1/23/25 04/09/2025 75388 268.00 Vendor Subtotal: 536.00
203-3009-5145-00 RTW MANAGEMENT Dial-A-Ride - Mar '25 04/ 15/2025 75382 23,486.00 000004433 Vendor Subtotal: 23,486.00
Subtotal for Section 1: 203 24,022.00
215-7070-5931-01 MALIBU COMMUNITY LABOR .E CDBG Day Labor Exchange - Dec '24 04/03/2025 75315 816.00 000004322 215-7070-5931-01 MALIBU COMMUNITY LABOR .E CDBG Day Labor Exchange - Feb '25 04/03/2025 75315 816.00 000004322 AP-Transactions by Account (04/16/2025 - 10:20 AM) Page26 Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Account Number Vendor Description GLDate Check No Amount PONo 215-7070-5931-01 MALIBU COMMUNITY LABOR :E CDBG Day Labor Exchange - Jan '25 04/03/2025 75315 816.00 000004322 Vendor Subtotal: 2,448.00
215-7070-7800-00 WILLIAMS SCOTSMAN INC MCLE Restroom Trailer -Tank 3/18 - 04/03/2025 75336 1,034.00 215-7070-7800-00 WILLIAMS SCOTSMAN INC MCLE Restroom Trailer - Toilet 3/19 • 04/03/2025 75336 5,390.55 000004454 Vendor Subtotal: 6,424.55
Subtotal for Section 1: 215 8,872.55
290-6002-5100-00 YEH AND ASSOCIATES INC Big Rock Mesa AD 98-1 Monitor/Mai 04/03/2025 75337 2,900.00 000003612 Vendor Subtotal: 2,900.00
Subtotal for Section 1: 290 2,900.00
291-6003-5100-00 YEH AND ASSOCIATES INC Malibu Rd AD 98-3 Monitor/Maint - I 04/03/2025 75337 1,191.25 000003612 Vendor Subtotal: 1,191.25
291-6003-5722-00 SOUTHERN CALIFORNIA EDISO Asmt dst Malibu Rd - Feb '25 04/15/2025 75383 80.65 Vendor Subtotal: 80.65
Subtotal for Section I: 291 1,271.90
310-9065-7800-00 KIMLEY-HORN AND ASSOCIATE Task 14: Labor Exchange Trailer - Feb 04/03/2025 75304 14,038.50 000004356 310-9065-7800-00 KIMLEY-HORN AND ASSOCIATE Task 14: Labor Exchange Trailer - No, 04/03/2025 75304 16,938.50 000004356 Vendor Subtotal: 30,977.00
310-9102-5100-00 KIMLEY-HORN AND ASSOCIATE PCH Median Improvements - Feb '25 04/03/2025 75304 1,995.00 000004423 Vendor Subtotal: 1,995.00
310-9110-5100-00 K.IMLEY-HORN AND ASSOCIATE Task 16: Encinal Cyn Storm Drain - Fi 04/03/2025 75304 10,520.00 000004356 AP-Transactions by Account (04/16/2025 - 10:20 AM) Page27 Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Account Number
500-7008-5610-00 500-7008-5722-00 500-7008-5722-00 515-3010-5656-00 515-3010-5721-00 515-3010-5721-00 515-3010-5721-00 515-3010-5722-00 515-3010-5722-00 515-3010-5724-00 AP-Transactions by Account (04/16/2025 - 10:20 AM)
Vendor Description GLDate Check No
Vendor Subtotal:

Subtotal for Section 1: 310
FENCE FACTORY RENTALS Supercare Pharmacy Trash Enclosure 04/08/2025 75347 Vendor Subtotal:

SOUTHERN CALIFORNIA EDISO Legacy Park Lift Station - Feb '25 04/ 15/2025 75383 SOUTHERN CALIFORNIA EDISO 23661 PCH- Feb '25 04/ 15/2025 75383 Vendor Subtotal:

Subtotal for Section I: 500
RINCON CONSULTANTS INC CCWTF Water Quality Monitoring - F 04/03/2025 75323 Vendor Subtotal:

BADGER METER INC Meter Monitoring - Feb '25 04/03/2025 75284 Vendor Subtotal:

FRONTIER CALIFORNIA INC Phone - CCWTF - 3/4 - 4/3/25 04/03/2025 75295 FRONTIER CALIFORNIA INC Phone - CCWTF 3/8 - 4/7 /25 04/08/2025 75349 Vendor Subtotal:

SOUTHERN CALIFORNIA EDISO CCWWTF - Feb '25 04/ 15/2025 75383 SOUTHERN CALIFORNIA EDISO Injection Wells/CCWWTF - Feb '25 04/ 15/2025 75383 Vendor Subtotal:

SOUTHERN CALIFORNIA GAS C CCWTF Gas 2/3 - 3/5/25 04/03/2025 75326 Vendor Subtotal:

Amount PONo
10,520.00
43,492.00
3,304.12
3,304.12
673.51
786.64
1,460.15
4,764.27
42,637.35 000004135 42,637.35

39.56 39.56
179.98
410.35
590.33
12,550.08
334.12
12,884.20

18.09 18.09

Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Account Number Vendor Description GLDate Check No Amount PONo 515-3010-5725-00 GI INDUSTRIES Garbage - CCWTF - Mar '25 04/03/2025 75297 237.38 Vendor Subtotal: 237.38
Subtotal for Section 1: 515 56,406.91
601-3005-5722-00 SOUTHERN CALIFORNIA EDISO Electric Car Charger - Feb '25 04/15/2025 75383 424.66 Vendor Subtotal: 424.66
601-3005-6500-00 WRIGHT EXPRESS FSC WEX BM Gas Receipts 2/24 - 3/23/25 04/03/2025 75288 1,135.63 Vendor Subtotal: 1,135.63
601-3005-6500-00 USBANK PW-8679 Fleet Fuel 04/07/2025 75339 470.02 601-3005-6500-00 USBANK PW-1571 Fleet Fuel 04/07/2025 75339 146.53 601-3005-6500-00 USBANK CS-I 673 Shell/Chevron - Fleet Fuel 04/07/2025 75339 233.09 601-3005-6500-00 USBANK CS-7433 Chevron/Shell - Fleet Fuel 04/07/2025 75339 180.32 601-3005-6500-00 USBANK CS-7118 Chevron - Fleet Fuel 04/07/2025 75339 42.71 601-3005-6500-00 USBANK PW-6682 Chevron - Fleet Fuel 04/07/2025 75339 47.73 601-3005-6500-00 USBANK CS-2481 Chevron - Fleet Fuel 04/07/2025 75339 524.96 601-3005-6500-00 USBANK PW-9093 Fleet Fuel 04/07/2025 75339 446.38 Vendor Subtotal: 2,091.74
Subtotal for Section I: 601 3,652.03
602-7060-5330-00 USBANK IS-9039 MISAC - Dues/Memberships 04/07/2025 75339 97.50 Vendor Subtotal: 97.50
602-7060-5630-00 USBANK IS-9039 Amazon - Computer Mainten: 04/07/2025 75339 43.99 Vendor Subtotal: 43.99
602-7060-5721-00 FRONTIER CALIFORNIA INC Fiber Optics Svcs 3/15 - 4/14/25 04/03/2025 75295 1,630.00 Vendor Subtotal: 1,630.00
AP-Transactions by Account (04/16/2025 - 10:20 AM) Page29 Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Account Number Vendor Description GLDate Check No Amount PONo 602-7060-5721-00 CHARTER COMMUNICATIONS f City Hall Internet - Apr '25 04/15/2025 75384 209.99 Vendor Subtotal: 209.99
602-7060-5721-00 USBANK IS-9039 Amazon - Phone Supplies 04/07/2025 75339 962.78 602-7060-5721-00 USBANK IS-6901 Starlink- IT/Bluffs/MHS 04/07/2025 75339 415.00 Vendor Subtotal: 1,377.78
602-7060-6120-00 USBANK IS-9039 Computer Software 04/07/2025 75339 616.59 602-7060-6120-00 USBANK IS-6901 Computer Software 04/07/2025 75339 2,066.35 Vendor Subtotal: 2,682.94
602-7060-6160-00 USBANK IS-9039 Amazon - ID Cards 04/07/2025 75339 327.80 Vendor Subtotal: 327.80
602-7060-7400-00 GOVCONNECTION INC Laptop Upgrade 04/03/2025 75299 2,067.28 Vendor Subtotal: 2,067.28
602-7060-7400-00 USBANK IS-9039 Amazon - Computer Equipm{ 04/07/2025 75339 773.41 602-7060-7400-00 USBANK IS-6901 Computer Equipment 04/07/2025 75339 14,145.83 602-7060-7400-00 USBANK IS-6901 Amazon - Laptop 04/07/2025 75339 1,093.91 Vendor Subtotal: 16,013.15
Subtotal for Section I: 602 24,450.43
710-0000-2270-04 VALERIE ALON Grading Bond Release - 4170 Decker I 04/03/2025 75281 12,000.00 Vendor Subtotal: 12,000.00
710-0000-2270-51 MNS ENGINEERS INC 27242 PCH - Nov '24 04/03/2025 75317 700.00 000004380 710-0000-2270-51 MNS ENGINEERS INC 33602 PCH - Nov '24 04/03/2025 75317 1,330.00 000004380 710-0000-2270-51 MNS ENGINEERS INC TM 70038 - Sep '24 04/09/2025 75404 2,240.00 000004380 AP-Transactions by Account (04/16/2025 - 10:20 AM) Page 30 Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Account Number
710-0000-2270-54
900-0000-2040-00 900-0000-2040-00
900-0000-2040-01 900-0000-2040-01 900-0000-2040-01 900-0000-2040-02 900-0000-2040-02
900-0000-2041-00 900-0000-2041 -00
900-0000-2042-00 900-0000-2042-00 900-0000-2042-00
900-0000-2042-00 900-0000-2042-01
AP-Transactions by Account (04/16/2025 - 10:20 AM)
Vendor Description GLDate Check No
Vendor Subtotal:

LA CO REGISTRAR RECCORDEI< Recorded Doc Fees - Feb '25 04/03/2025 75310 Vendor Subtotal:

Subtotal for Section I: 710
Ca!PERS Retirement Ca!PERS Retirement
Ca!PERS Retirement Ca!PERS Retirement Ca!PERS Retirement Ca!PERS Retirement Ca!PERS Retirement USBANK
USBANK
PR Batch 70010.04.2025 PERS EEShi PR Batch 70010.04.2025 PERS Addi I 04/14/2025
04/14/2025
Vendor Subtotal:

PR Batch 70010.04.2025 PEPRA ER< PR Batch 70010.04.2025 PERS ERSh; PR I 0.04.2025 PEPRA ER Contributi< 04/14/2025
04/14/2025 04/14/2025
Vendor Subtotal:

PR 10.04.2025 PEPRA EE Contributic PR Batch 70010.04.2025 PEPRAEE ( 04/14/2025
04/14/2025
Vendor Subtotal:

PR Batch 70010.04.2025 PARS - EE~ PR Batch 70010.04.2025 PARS - ER~ 04/14/2025
04/14/2025
Vendor Subtotal:

EMPOWER RETIREMENT LLC PR Batch 70010.04.2025 457 Retirem, 04/14/2025 04/14/2025 04/14/2025 04/14/2025
EMPOWER RETIREMENT LLC PR Batch 70010.04.2025 457 Retirem, EMPOWER RETIREMENT LLC PR Batch 70010.04.2025 457 Retirem, EMPOWER RETIREMENT LLC PR Batch 70010.04.2025 Roth-457 Re Vendor Subtotal:

EMPOWER RETIREMENT LLC PR Batch 70010.04.2025 457 Loan Pn 04/14/2025 0 0 0 0 0 0 0
75367 75367
0 0 0 0 0
Amount PONo
4,270.00

32.00 32.00
16,302.00
11 ,107.14
1,781.60
12,888.74 18,989.15
21,119.38
-103.39
40,005.14
-104.27
19,151.64 19,047.37
906.31
190.04
1,096.35
3,500.00
2,127.10
11,700.39

75.00 17,402.49
1,002.60

Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640 Report Total 1,791,313.88
Less: Clearing House Electronic AP Proof List 00001.04.2025 59,158.62Less: Clearing House Electronic AP Proof List 00002.04.2025 174,839.06 _____________________________________________________________________ Transcations by Account Total: 1,557,316.20 Account Number
900-0000-2043-00 900-0000-2050-00 900-0000-2050-00
900-0000-2051 -00
900-0000-2051 -00
900-0000-2053-00 900-0000-2053-00
900-0000-2053-00 900-0000-2053-00
AP-Transactions by Account (04/16/2025 - 10:20 AM)
Vendor Description GLDate Check No
Vendor Subtotal:

EMPOWER RETIREMENT LLC PR Batch 70010.04.2025 401 Retiremi 04/ 14/2025 0 Federal Taxes from PR
Federal Taxes from PR
State of California PR Taxes
State of California PR Taxes
Federal Taxes from PR
Federal Taxes from PR Federal Taxes from PR Federal Taxes from PR Vendor Subtotal:

PR Batch 70007.04.2025 Federal Inco PR Batch 70010.04.2025 Federal Inco 04/14/2025
04/ 14/2025
Vendor Subtotal:

PR Batch 70007.04.2025 State Incom{ PR Batch 70010.04.2025 State Incom{ 04/ 14/2025
04/ 14/2025
Vendor Subtotal:

PR Batch 70007 .04.2025 Medicare EE PR Batch 70007.04.2025 Medicare EB PR Batch 70010.04.2025 Medicare EB PR Batch 70010.04.2025 Medicare EE 04/ 14/2025
04/ 14/2025 04/ 14/2025 04/ 14/2025
Vendor Subtotal:

Subtotal for Section I: 900
Report Total:
0 0 0 0 0 0 0 0
Amount PONo
1,002.60
875.00
875.00
40,572.40
50,812.30
91 ,384.70
12,171.72
20,385.89
32,557.61
3,740.41
2,674.09
6,209.76
6,209.76
18,834.02
235,094.02
1,791,313.88

Docusign Envelope ID: A400E651-18BB-433D-9A20-3E570090A640

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: April 16, 2025 Meeting date: April 28, 2025 Subject: Approval of Minutes
RECOMMENDED ACTION: Approve the minutes for the January 27, 2025 Regular Meeting, February 3, 2025 Special Meeting, and February 10, 2025 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 January 27, 2025, February 3, 2025, and February 10, 2025.

ATTACHMENTS:

January 27, 2025 Regular Meeting
February 3, 2025 Special Meeting
February 10, 2025 Regular Meeting
City Council Meeting
04-28-25
Item

1.B.3.

MINUTES

MALIBU CITY COUNCIL

REGULAR MEETING
JANUARY 27, 2025

COUNCIL CHAMBERS
5:30 P.M.

MEETING CALL TO ORDER
Mayor Stewart called the meeting to order at 4:01 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 Haylynn Conrad, Bruce Silverstein and Steve Uhring.

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

Speakers: None.

RECESS TO CLOSED SESSION
At 4:02 p.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:

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
Conference with Labor Negotiator pursuant to Government Code Section 54957.6:

1. City representative: Interim City Attorney Trevor Rusin Unrepresented employee: City Manager Steve McClary

REGULAR SESSION CALL TO ORDER
Mayor Stewart called the meeting to order at 5:36 p.m.

ROLL CALL
Attachment 1
Malibu City Council
Minutes of January 27, 2025

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

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

ALSO PRESENT: Trevor Rusin, Interim City Attorney; Joseph Toney, Acting 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; Susan Dueñas, Public Safety Director; Rob DuBoux, Public Works Director; Parker Davis, Media Technician; Christina Muñoz, Deputy City Clerk; Kate Manisco, Recreation Manager; Lauren Doyle, Contract Geologist; Michael Phipps, Contract Geologist; Tracey Rossine, Environmental Programs Manager; and Tyler Eaton, Principal Planner

PLEDGE OF ALLEGIANCE
Josh Spiegel led the Pledge of Allegiance.

CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 4:00 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Section 54956.9, 54957, and 54957.6, with all Councilmembers present. He stated the Council discussed the items on the Closed Session agenda and took no reportable action.

REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on January 24, 2025.

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

Mayor Stewart discussed tragedies from the Palisades Fire and the Council held a moment of silence.

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.5., 1.B.7., and 1.B.12. were pulled by the Council.

Malibu City Council
Minutes of January 27, 2025

_________________________
MOTION Councilmember Silverstein moved, and Mayor Pro Tem Riggins seconded a motion to approve the Consent Calendar, pulling Item Nos. 1.B.5., 1.B.7., and

1.B.12. 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 74357-74768 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. 760 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $ 6,698,960.18. City of Malibu payroll check number 5493-5495and ACH deposits were issued in the amount of $ 1,928,287.73.

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

4. Disposal of Surplus Property
Recommended Action: Approve the disposal of surplus City equipment – Malibu Bluff’s Park safes and utility vehicles.

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

8. 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. 25-03 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.

9. Resolution Extending the Declaration of the Existence of a Local Emergency Regarding Conditions on Pacific Coast Highway (PCH) Recommended Action: Adopt Resolution No. 25-04 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.

10. Resolution Extending the Declaration of the Existence of a Local Emergency Regarding the Franklin Fire
Malibu City Council
Minutes of January 27, 2025

_________________________
Recommended Action: Adopt Resolution No. 25-05 extending the declaration of the existence of a local emergency in response to the Franklin Fire.

11. Investment Report for the Month Ending December 31, 2024 Recommended Action: Receive the Investment Report for the month ending December 31, 2024.

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

5. Master Facility Use Agreement with Santa Monica-Malibu Unified School District
Recommended Action: Authorize the Mayor to execute a two-year Master Facility Use Agreement with the Santa Monica-Malibu Unified School District through September 30, 2027.

Community Services Director Riesgo presented the staff report.

The Council discussed the item and directed questions to staff.

MOTION Mayor Pro Tem Riggins moved, and Mayor Stewart seconded a motion to direct staff to request 90-day extension to the current terms of the Master Facility Use Agreement with the Santa Monica-Malibu Unified School District. The motion carried unanimously.

7. Restatements and Amendments of the City of Malibu 401(a) Plan and the City of Malibu 457(b) Plan
Recommended Action: Adopt Resolution No. 25-02 to approve restatements and amendments of the City of Malibu 401(a) Retirement Investment Plan and the City of Malibu 457(b) Retirement Investment Plan.

Acting City Manager Toney presented the staff report.

The Council discussed the item and directed questions to staff.

MOTION Mayor Pro Tem Riggins moved, and Councilmember Silverstein seconded a motion to adopt Resolution No. 25-02 to approve restatements and amendments of the City of Malibu 401(a) Retirement Investment Plan and the City of Malibu 457(b) Retirement Investment Plan. The motion carried unanimously.

12. Professional Services Agreement with IEM International, Inc. for Emergency Operations Center Staffing and Recovery Operations Services Recommended Action: Receive and file a report on an emergency professional services agreement with IEM International, Inc. for Emergency Operations Center Staffing and Recovery Operations Services.

Acting City Manager Toney presented the staff report.

Malibu City Council
Minutes of January 27, 2025

_________________________
The Council discussed the item and directed questions to staff.

MOTION Mayor Stewart moved, and Mayor Pro Tem Riggins seconded a motion to receive and file a report on an emergency professional services agreement with IEM International, Inc. for Emergency Operations Center Staffing and Recovery Operations Services. The motion carried unanimously.

ITEM 2 CEREMONIAL/PRESENTATIONS
None.

ITEM 3 COMMISSION / COMMITTEE / CITY MANAGER UPDATES
Acting City Manager Toney discussed City operations and response to Palisades Fire. He announced that City Hall is open by appointment only and appointments can be scheduled via email or phone. He stated staff was working on plans for a permanent rebuild office in a building adjacent to City Hall. He stated more information was available at malibucity.org/palisadesfire and encouraged the public to sign up for e-notifications. He cautioned the public to be vigilant about scams following disasters.

In response to Mayor Stewart, Acting City Manager Toney discussed staffing plans and plans to bring on consultants to support rebuilding. He stated the City had positive momentum on recruitments before the fires.

Sergeant Chris Soderlund, Los Angeles County Sheriff Department, expressed sympathy for everyone who was impacted by the Palisades Fire. He discussed the department’s response to the Palisades Fire and Eaton Fire and the Deputies’ dedicated service. He announced there was an additional fatality from the Palisades Fire. He discussed dangerous conditions on Pacific Coast Highway (PCH) after the fire and stated the road would be open to residents only. He announced resident passes would be distributed from 10:00 a.m.-5:00 p.m. at City Hall beginning tomorrow. He stated contractors and essential personnel could obtain access passes at the Lost Hills Sheriff’s Station.

In response to Mayor Stewart, Sergeant Soderlund stated essential personnel would be considered on a case by case basis.

In response to Councilmember Conrad, Sergeant Soderlund stated businesses in the burn area were not open and access was resident only.

In response to Councilmember Silverstein, Sergeant Soderlund stated the pass could not be transferred and would only be issued to residents with address verification.

In response to Mayor Stewart, Sergeant Soderlund stated the Sheriff’s Department Malibu City Council
Minutes of January 27, 2025

_________________________
was meeting with Caltrans every day to discuss PCH.

Mayor Pro Tem Riggins discussed the long-term traffic impacts of the fire on PCH.

Mayor Stewart discussed the construction on PCH.

In response to Councilmember Silverstein, Sergeant Soderlund stated access to the road could not limited only to Malibu residents once it reopened.

In response to Councilmember Conrad, Sergeant Soderlund stated the checkpoint for the road closure would be at the 22500 block of PCH.

RECESS At 6:15 p.m., Mayor Stewart recessed the meeting. The meeting resumed at 6:32 p.m. with all Councilmembers present.

ITEM 4.A. PUBLIC COMMENTS
Julie Swisher, Red Cross, thanked the Council for its support. She discussed red cross support and supplies for residents impacted by the Palisades Fire.

Marissa Coughlan commended Environmental Sustainability Director Bundy for her work to expedite recovery projects. She discussed challenges finding debris removal dump sites. She discussed additional testing required for debris removal from the Palisades Fire compared to the Woolsey Fire.

Joseph Lezama discussed his work with property owners, architects and developers on navigating the Coastal Development Permit process. He asked how the City Hall appointments differed from counter hours and what services were available.

A. Thomas Torres stated he lost his home in the Palisades Fire and that it was previously destroyed in the 1993 fire. He discussed his experience rebuilding after the 1993 fire. He recommended the City work with local professionals who had experience in the development process.

William Woodward stated he lost his house in Serra Retreat. He discussed the importance of simplifying and improving the rebuild process. He discussed impacts to local businesses.

Marni Kamins discussed challenges for Franklin Fire rebuilds which were not included in the Governor’s orders to support recovery and rebuilding from the Palisades Fire .

Michel Shane discussed funding from the Office of Traffic Safety (OTS) for PCH projects that the City had not used.

Cheryl Spurlock stated she lost her home on PCH in the fire and expressed concern that if she opts into the debris removal the Army Corp will also remove the septic Malibu City Council
Minutes of January 27, 2025

_________________________
tanks.

Norm Haynie discussed the importance of prioritizing fire rebuilds and approving facilities to protect existing homes, such as water tanks or fire walls.

Alette Ridgeway, Malibu Seafood, discussed the devastating impact of the fire compared to other disasters. She request information about PCH reopening.

DNA Moore discussed challenges and delays to her Woolsey Fire rebuild.

Tania Verruno stated her house on Las Flores Beach survived the fire and asked when she would be able to return home.

Susan Enerling encouraged the Council rely on local professionals to assist with and improve the rebuilding process. She discussed benefits of specialization for staff to improve efficiency.

Luis Tema discussed timelines and challenges for debris removal working through multiple agencies. He recommended creating one centralized source of online information. He made recommendations for emergency preparedness, including installing Starlink throughout the city, requiring all palm trees to be removed, and permitting pools under a de minimis waiver.

Daniel Ralston and Tina deferred time to Jefferson Wagner.

Jefferson Wagner discussed the placement of the PCH checkpoint. He recommended creating an acronym sheet reference for rebuilding. He discussed the house his lost in the Woolsey Fire and rebuilding. He shared a map for the SCE circuits to reference during Public Safety Power Shutoff events. He shared a map with the evacuation zones for the City and ingress and egress routes for each zone.

Howard Rudzki discussed a program to allow architects to self-certify and issue permits for rebuilds. He discussed the importance of finding an experienced City Manager and experienced leaders for the rebuilding process. He asked if seawalls and foundations could be reused for rebuilding.

Scott Dittrich discussed the City strengths that would supporting rebuilding, including the experience from the Woolsey Fire, the support of the President of the United States, and the support of Supervisor Horvath for rebuilding.

Heather Michaels requested realistic timelines for debris removal and rebuilding.

She discussed the importance of improving the rebuilding process and using experts in the community. She discussed the impacts of climate changes and ways to prevent future disasters. She discussed triage center to help animals.

Bill Rhodes discussed asked about the timeline for EPA hazardous debris removal.

He asked if individuals who opt in to the Army Corp debris removal could later opt Malibu City Council
Minutes of January 27, 2025

_________________________
out. He asked what protection there would be for hillsides after debris removal.

He discussed the importance of preserving foundations during debris removal. He asked about the estimated cost for private debris removal.

Skylar Peak was not present at the time of the hearing.

Erik Whitmore deferred time to Jo Drummond.

Jo Drummond discussed the loss of her home in the Palisades Fire. She stated she did not receive emergency alerts and discussed the importance of having a reliable emergency alert system. She discussed debris removal needed on the MRCA properties and the value of controlled burns. She discussed the response to the fire in Big Rock and obstacles to the Fire Department responding. She recommended the MRCA be disbanded. She recommended forming a Malibu Fire Department.

Steve Wiseman suggested considering allowing office buildings to be converted into residential space for additional housing for fire victims. He suggested deploying infrared monitoring systems in the mountains to monitor for fires Ryan Embree discussed the differences between the Palisades Fire and previous fires. He suggested the City seek grant funds for property owners to remove their palm trees. He discussed telecommunications problems when power is out.

Paul Grisanti discussed undamaged houses in the burn area and issues the residents had accessing their property. He discussed problems residents had scheduling inspections for yellow-tagged buildings.

Michael Bolour discussed challenges with his Woolsey Fire rebuild, and delays from rebuild permits bring to be appealed to the Planning Commission. He suggested exempting rebuild permits from appeals.

Kraig Hill suggested the surplus vehicles could be donated to those impacted by the Palisades fire. He discussed hydroseeding hillsides and the problems with using non-native seeds.

Georgia Goldfarb expressed sympathy for all the losses from the Palisades Fire.

She discussed the importance of fire resistant landscaping, home hardening, community brigades, undergrounding utilities, arson watch, staging additional resources for fires.

Mike Moore discussed challenges for his Woolsey Fire rebuild and delays despite the expedited process.

Jason Jenkins was not available at the time of the hearing Andy Lyon discussed previous fires in the City. He discussed problems with emergency communication when power is out. He discussed the experience of Malibu City Council
Minutes of January 27, 2025

_________________________
residents who stayed behind during the fire. He recommended designating PCH a no parking zone and allowing temporary housing on fire damaged properties. He discussed the CalFire staging on 4000 Malibu Canyon Road and the grading on the property.

ITEM 4.B. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Mayor Pro Tem Riggins expressed condolences for everyone in the community impacted by the Palisades Fire. She thanked City staff for their service during the fire and thanked the City of Westlake Village, City of Camarillo, and Pepperdine University for hosting the City’s Emergency Operations Center (EOC). She thanked the partner agencies that sent staff to support the EOC, local volunteers, Los Angeles County Fire Department, other fire crews that responded to the fire, Los Angeles County Sheriff’s Department, the National Guard, the Red Cross, and the Malibu Boys and Girls Club for their response to the fire. She discussed the importance of supporting the business community. She addressed several logistical issues related to recovery. She clarified that the cost of debris removal would depend on the individual property and structure. While the federal government covers the opt-in option, insurance holders may be asked to sign over their debris coverage. She explained that the additional 10% for like-for-like rebuilds is in the City’s Local Coastal Program, and anyone wanting to expand further would need to go through a separate permitting process. She stated that the Sheriff’s Department has deployed surveillance tools like drones and infrared systems in the mountains to enhance safety. She encouraged residents with surviving homes to take advantage of free home hardening inspections offered by the City and Community Brigade to increase future fire resilience. In response to questions about septic tanks, she explained that damage assessments would need to be conducted by professionals and systems may require replacement. She discussed the unprecedented scale of the disaster and stated federal and local agencies are working hard to speed up recovery.

Councilmember Conrad thanked thanked the first responders, second responders, and the Malibu community. She inquired if the City had been in contact with the Chumash tribe. She requested townhall meetings with Southern California Edison and Caltrans. She expressed her dedication to rebuilding and improving the rebuild process. She requested more information on the OTS funding. She indicated support for permitting pools as a means of increasing fire protection. She discussed communication failures during the fire and expressed interest in exploring a warning siren system. She expressed concern that the Mayor appointed a representative to the Santa Monica Mountains Conservancy Advisory Board without consulting the Council.

Mayor Stewart clarified that Brian Merrick had been designated to represent the City on a temporary basis after the City’s representative Lloyd Ahern was hospitalized after the fire.

Councilmember Conrad discussed the importance of supporting small businesses Malibu City Council
Minutes of January 27, 2025

_________________________
and seniors in the community. She requested better communication on PCH access.

Councilmember Uhring thanked those who responded to the fire and expressed sympathy for everyone impacted. He discussed suggestions from the public to improve the rebuild permitting process. He indicated support for including Franklin Fire in Palisades Fire recovery programs. He suggested considering restricting short term rentals so more units would be available for long-term housing for those displaced by the fire. He suggested considering ways to mitigate traffic on PCH when it reopens. He discussed the effectiveness and importance of brush clearance. He discussed the importance of planning for resiliency when rebuilding.

Councilmember Silverstein expressed sympathy for the pain and losses the community has experienced. He encouraged the residents to take care of themselves. He discussed the challenges to recovery and rebuilding. He discussed the toxins in the environment from the fire. He discussed the Council-Manager form of government and Brown Act which prevents the Council from discussing issues or making decisions outside of publicly notice meetings. He requested consensus to direct staff to bring back an item to consider hiring in-house expeditors to help residents process their rebuild permits.

Mayor Pro Tem Riggins suggested considering expeditors and staffing as an assignment for the ad hoc committee when discussing Item No. 7.B.

Councilmember Silverstein stated California law allowed those who lose their homes in a wildfire to purchase a new house with their insurance payout. He discussed the City’s active emergency declarations and the additional powers the City had during a state of emergency. He suggested adopting a broader emergency declaration for rebuilding. He discussed the rational behind the additional 10% allowed under like for like rebuilds. He expressed that he believed the Franklin Fire should be included in the Palisades Fire recovery orders.

Interim City Attorney Rusin clarified that the City did request the Franklin Fire be included in the Palisades Fire recovery orders.

Councilmember Silverstein discussed the importance of getting the Governor’s support for Franklin Fire recovery. He requested more information on the remediation requirements for 4000 Malibu Canyon Road. He discussed the importance of getting students additional support after the loss of so many educational days.

Councilmember Uhring announced the debris removal right of entry form had been published ahead of schedule.

Councilmember Conrad stated the Community Brigades was receiving $750,000 in funding, the Malibu/Lost Hills Sheriff’s Station may be receiving an additional $1,000,000 in funding, and starlink was coming to Malibu schools. She announced Malibu City Council
Minutes of January 27, 2025

_________________________
California's Natural Resources Secretary Wade Crowfoot came to meet with the City.

Councilmember Silverstein discussed the danger of toxins from the fires and stated the community needed more information on what was in the environment.

Mayor Stewart discussed the different materials destroyed in urban wildfires and the importance of personal protective equipment. He stated the Phase 1 hazardous debris removal would be completed by the EPA on all properties. He discussed CalFire’s need for staging space in the City and the requirements for restoration.

He stated the City had requested the Franklin Fire be included in the Palisades Fire recovery orders. He discussed the right of entry form and debris removal. He expressed support for permitting temporary housing during rebuilding. He stated many people displaced by the fire are currently housed in short-term rentals. He announced the City would hold a design professional Town Hall meeting. He discussed meetings with Secretary Crowfoot and the Governor’s cabinet. He commended the City staff for their dedicated service during the disasters. He discussed the jobs lost due to the economic impacts from the fire and the importance of reopening PCH and shopping local. He discussed grants available for impacted businesses.

Councilmember Silverstein suggested considering bringing back an item to allow the conversion of office space to housing.

Acting City Manager Toney announced that the EPA planned to finish Phase 1 hazardous debris removal by the end of February and the right of entry form would be available beginning tomorrow and were due by March 31, 2025.

Mayor Pro Tem Riggins stated rebuild applications can be submitted before debris removal is completed.

Acting City Manager Toney stated staff would be available to help with any questions while City Hall was open by appointment only. He stated staff will be available to answer questions from multiple departments.

RECESS At 8:51 p.m., Mayor Stewart recessed the meeting. The meeting resumed at 9:05 p.m. with all Councilmembers present.

ITEM 5 ORDINANCES AND PUBLIC HEARINGS
None.

ITEM 6 OLD BUSINESS
None.

ITEM 7 NEW BUSINESS
Malibu City Council
Minutes of January 27, 2025

_________________________
A. 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: 1) Adopt Resolution No. 25-06 initiating a Local Coastal Program (LCP) amendment and zoning text amendment to consider changes to the Malibu LCP and Title 17 (Zoning) of the Malibu Municipal Code (MMC) to facilitate the rebuilding of homes damaged or destroyed by the 2025 Palisades Fire, 2024 Franklin Fire, and 2024 Broad Fire and provide relief for victims of the fires; and 2) Bypass the Zoning Ordinance Revisions and Code Enforcement Subcommittee (ZORACES) and direct the Planning Commission to schedule a public hearing regarding the same.

Senior Planner Eaton presented the staff report.

The Council directed questions to staff.

Mayor Stewart opened the floor to public comment.

Speakers: Joseph Lezama, and Norm Haynie
The Council directed questions to staff.

Speakers: Luis Tema, Regan Schaar, Don Schmitz, Wade Major, Scott Dittrich, Heather Michaels, Jo Drummond, Pete Weeger, Kraig Hill, and Colin Drummond As there were no other speakers present, Mayor Stewart returned the matter to the table for discussion.

The Council discussed the item and directed questions to staff.

MOTION Councilmember Silverstein moved, and Mayor Pro Tem Riggins seconded a motion to: 1) adopt Resolution No. 25-06 initiating a Local Coastal Program (LCP) amendment and zoning text amendment to consider changes to the Malibu LCP and Title 17 (Zoning) of the Malibu Municipal Code (MMC) to facilitate the rebuilding of homes damaged or destroyed by the 2025 Palisades Fire, 2024 Franklin Fire, and 2024 Broad Fire and provide relief for victims of the fires; and 2) bypass the Zoning Ordinance Revisions and Code Enforcement Subcommittee (ZORACES) and direct the Planning Commission to schedule a public hearing regarding the same.

The motion carried unanimously.

B. Formation of Palisades Fire Ad Hoc Committee
Recommended Action: Appoint an Ad Hoc Committee of the City Council to participate in upcoming events and meetings, provide input and feedback to Staff, and bring forward any needed recommendations to the full City Council related to the Palisades Fire.

Malibu City Council
Minutes of January 27, 2025

_________________________
Deputy City Manager Brown presented the staff report.

Mayor Stewart opened the floor to public comment.

Speakers: Marissa Coughlan
Susan Emering was not available at the time of the hearing.

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

The Council discussed the item.

MOTION Mayor Pro Tem Riggins moved, and Mayor Stewart seconded a motion to: 1) establish the Palisades Fire Ad Hoc Committee; and 2) appoint Councilmember Silverstein and Mayor Pro Tem Riggins to the Palisades Fire Ad Hoc Committee.

The Council discussed the item and directed questions to staff The motion carried unanimously.

MOTION Mayor Pro Tem Riggins moved, and Councilmember Conrad seconded a motion to hear Item No. 8.A. after 10:30 p.m. The motion carried unanimously.

ITEM 8 COUNCIL ITEMS
A. City Council Subcommittees, Ad Hoc Committees and Outside Agency Appointments
Recommended Action: 1) Review current City Council Subcommittees, determine whether to retain each Subcommittee, and affirm, modify or make new appointments, as necessary; 2) Confirm which City Council Ad Hoc Committees have completed assigned tasks and dissolve such Committees, or determine to retain the Committee and affirm, modify or make new appointments, as necessary; 3) Consider establishing a Mobilehome Park Rent Control Regulations Ad Hoc Committee and appoint members; 4) Consider establishing a Use of Public Parks and Property Ad Hoc Committee and appoint members; 5) Consider creation of new City Council Ad Hoc Committees and appoint members; and 6) Affirm Outside Agency appointments and/or make appointments, as necessary.

City Clerk Pettijohn presented the staff report.

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

The Council discussed the item.

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Minutes of January 27, 2025

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MOTION Mayor Pro Tem Riggins moved, Councilmember Silverstein second a motion to: 1) disband the City Council Policy Review Ad Hoc Committee; 2) disband the Development Services Ad Hoc Committee; 3) disband the Road Race Policy Ad Hoc Committee; 4) disband the Sheriff’s Substation Ad Hoc Committee; and 5) make the following appointments:

Subcommittee Members
Administration and Finance Mayor Stewart / Councilmember Uhring Environmental Sustainability Mayor Pro Tem Riggins / Councilmember Uhring
Library Mayor Pro Tem Riggins / Councilmember
Conrad
Parks and Recreation vacant until necessary to meet
Public Safety Councilmember Conrad / Councilmember
Uhring
Public Works Councilmember Conrad / Mayor Stewart
Zoning Ordinance Revisions &
Code Enforcement
Mayor Pro Tem Riggins / Councilmember
Uhring
Ad Hoc Committee Members
Mobilehome Park Rent Control
Regulations
Councilmember Silverstein / Mayor Stewart
Policy and Culture Mayor Stewart / Councilmember Silverstein School District Separation Mayor Pro Tem Riggins / Councilmember Conrad
School Safety Mayor Pro Tem Riggins / Councilmember
Conrad
Short-Term Rental Mayor Pro Tem Riggins / Councilmember Silverstein
Sweetwater Mesa / Primrose
Properties Ad Hoc
Mayor Stewart / Mayor Pro Tem Riggins
Use of Public Parks and Property Mayor Pro Tem Riggins / Councilmember Conrad
Outside Agency Delegate/Alternate
California Contract Cities Association Mayor Pro Tem Riggins / Councilmember Conrad
California Joint Powers Insurance Authority Mayor Pro Tem Riggins / Councilmember Silverstein
Clean Power Alliance of Southern
California
Mayor Pro Tem Riggins /
Councilmember Uhring
Las Virgenes-Malibu Council of
Governments
Mayor Pro Tem Riggins /
Councilmember Uhring
Los Angeles International Airport (LAX)
Community Noise Roundtable
Rick Mullen
League of California Cities, Los Angeles Mayor/
Malibu City Council
Minutes of January 27, 2025

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County Division Mayor Pro Tem
Los Angeles County City Selection
Committee
Mayor
Malibu Public Facilities Authority
(a Joint Powers Authority between City of
Malibu and Santa Monica College)
Mayor and Mayor Pro Tem
(two-person appointment)
Metropolitan Transportation Authority,
North County Sector
Mayor
Pacific Coast Highway Taskforce Mayor Stewart / Councilmember Uhring (two-person appointment)
Santa Monica Mountains Conservancy
Advisory Committee
Pete Weeger
The motion carried unanimously.

ADJOURNMENT
Mayor Stewart adjourned the meeting at 11:03 p.m.

Malibu City Council
Minutes of January 27, 2025

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

MINUTES

MALIBU CITY COUNCIL

SPECIAL MEETING
FEBRUARY 3, 2025

COUNCIL CHAMBERS
11:00 A.M.

MEETING CALL TO ORDER
Mayor Stewart called the meeting to order at 11: 00 a.m.

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

PRESENT: Mayor Doug Stewart; Mayor Pro Tem Marianne Riggins (remote participation); and Councilmembers Haylynn Conrad, Bruce Silverstein and Steve Uhring.

PLEDGE OF ALLEGIANCE
Colonel Eric Swenson led the Pledge of Allegiance.

REPORT ON POSTING OF AGENDA
Deputy City Clerk Muñoz reported that the agenda for the meeting was properly posted on January 31, 2025.

APPROVAL OF AGENDA
MOTION Councilmember Silverstein moved, and Councilmember Uhring seconded a motion to approve the agenda. The motion carried unanimously.

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

Speakers: None.

RECESS TO CLOSED SESSION
At 11:04 a.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:

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)
Attachment 2
Malibu City Council
Minutes of February 3, 2025

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Personnel Matters pursuant to Government Code Section 54957:

1. Public Employee Performance Evaluation
Title: City Manager
Conference with Labor Negotiator pursuant to Government Code Section 54957.6:

1. City representative: Interim City Attorney Trevor Rusin Unrepresented employee: City Manager Steve McClary
The Council reconvened at 12:30 p.m. with all Councilmembers present.

CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 11:00 a.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Section 54956.9, 54957, and 54957.6, with all Councilmembers present. He stated the Council discussed the items on the Closed Session agenda and took no reportable action.

ITEM 1 NEW BUSINESS
A. Palisades Fire Phase 1 Household Hazardous Materials Removal Recommended Action: Receive and file an update from the Environmental Protection Agency (EPA) and Federal Emergency Management Agency (FEMA) on debris removal operations.

Environmental Protection Agency (EPA) representative and Michael Montogomery presented a Power Point presentation.

Mayor Stewart opened the floor to public comment.

Speakers: Marni Kamins, Dr. Jeremy Fink, Carolyn Day, Valerie Sklarevsky, Andy Lyon, Marisa Coughlan, Luca Iacovoni, Jefferson Wagner, Sephanie Martin, Pamela Conley Ulich, Scott Ditrich, Linda Rivera, Chad White, Bobby la Bonga, Michael Lynn, Paula Login, Madelyn Glickfled, Jo Drummond, Susan Emereling, Skylar Peak, Julie Howell, Ryan Embree, Melina Watts, Jacqueline Ayer, Barbara Bruderlin, and Dave Cockrell
As there were no other speakers present, Mayor Stewart returned the matter to the table for discussion.

The Council discussed the item.

ADJOURNMENT
Mayor Stewart adjourned the meeting at 3:21 p.m.

Malibu City Council
Minutes of February 3, 2025

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

MINUTES

MALIBU CITY COUNCIL

REGULAR MEETING
FEBRUARY 10, 2025

COUNCIL CHAMBERS
5:30 P.M.

MEETING CALL TO ORDER
Mayor Stewart called the meeting to order at 4:15 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 Haylynn Conrad, Bruce Silverstein and Steve Uhring.

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

Speakers: None.

RECESS TO CLOSED SESSION
At 4:16 p.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:

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
Conference with Labor Negotiator pursuant to Government Code Section 54957.6:

1. City representative: Interim City Attorney Trevor Rusin Unrepresented employee: City Manager Steve McClary
Conference with Legal Counsel – Existing litigation pursuant to Government Code Section 54956.9(d)(1):

1. Case Name: City’s Petition to Form Malibu USD from Territory in the Santa Monica-Malibu USD
Attachment 3
Malibu City Council
Minutes of February 10, 2025

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REGULAR SESSION CALL TO ORDER
Mayor Stewart called the meeting to order at 5:47 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 Haylynn Conrad, Bruce Silverstein and Steve Uhring.

ALSO PRESENT: Trevor Rusin, Interim City Attorney; Joseph Toney, Acting City Manager; Alexis Brown, Deputy City Manager; Kelsey Pettijohn, City Clerk; Kristin Riesgo, Community Services Director; Maureen Tamuri, Interim Planning Director; Susan Dueñas, Public Safety Director; Rob DuBoux, Public Works Director; Parker Davis, Media Technician; Christina Muñoz, Deputy City Clerk; and Tracey Rossine, Environmental Programs Manager

PLEDGE OF ALLEGIANCE
Jefferson Wagner led the Pledge of Allegiance.

CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 4:15 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Section 54956.9, 54957, and 54957.6, with all Councilmembers present. He stated the Council discussed the items on the Closed Session agenda and took no reportable action.

REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on February 7, 2025.

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

ITEM 1 CONSENT CALENDAR
Mayor Stewart opened the floor to public comment.

Georgia was not available at the time of the hearing.

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Minutes of February 10, 2025

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

Item Nos. 1.B.6., 1.B.8., 1.B.9., 1.B.11., 1.B.12., 1.B.13., and 1.B.14. were pulled by the Council.

MOTION Mayor Pro Tem Riggins moved, and Councilmember Silverstein seconded a motion to approve the Consent Calendar, pulling Item Nos. 1.B.6., 1.B.8., 1.B.9.,

1.B.11., 1.B.12., 1.B.13., and 1.B.14. 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 74769-74771 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. 761 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $104,258.25. City of Malibu payroll check number 5496-5497 and ACH deposits were issued in the amount of $656,801.

3. Amendment to Agreement with Santa Monica-Malibu Unified School District
Recommended Action: Authorize the Mayor to execute Amendment No. 2 with Santa Monica-Malibu Unified School District (District) to extend the 2022-2024 Master Facility Use Agreement through April 30, 2025.

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

5. Transfer Agreement for Receiving the Safe, Clean Water Program Municipal Program Funds
Recommended Action: Authorize the City Manager to execute a Transfer Agreement with the Los Angeles County Flood Control District (District) to receive Safe, Clean Water (SCW) funds.

7. Contract with Clean Harbors Environmental Services, Inc.

Recommended Action: 1) Receive and file a report on an emergency contract with Clean Harbors Environmental Services, Inc. (Clean Harbors) for Franklin Fire environmental clean-up services, including asbestos surveys and hazardous waste removal services for fire damaged and destroyed properties; and 2) Authorize the City Manager or designee to Malibu City Council
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amend the approved agreements if necessary to receive reimbursement from FEMA or any other governmental agency.

10. Professional Services Agreement with Ultimate Maintenance Services Recommended Action: 1) Authorize the Mayor to execute a Professional Services Agreement with Ultimate Maintenance Service Inc. for custodial services at the Fire Rebuild Office at 23805 Stuart Ranch Road, Malibu; and 2) Authorize the City Manager or designee to amend the approved agreements if necessary to receive reimbursement from FEMA or any other governmental agency.

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

6. Amendment to Agreement with Rincon Consultants, Inc to Provide On-Call Environmental Consulting Services
Recommended Action: 1) Authorize the Mayor to execute Amendment No. 1 to the Profession Services Agreement with Rincon Consultants, Inc. to increase the total agreement compensation from $340,000 to $960,000; and 2) Approve a budget amendment to transfer $620,000 from Account No. 101-2004-5100 (Building Safety Professional Services) to Account No. 101-3003-5100 (Clean Water Professional Services).

The Council discussed the item and directed questions to staff.

MOTION Councilmember Silverstein moved, and Councilmember Conrad seconded a motion to: 1) authorize the Mayor to execute Amendment No. 1 to the Profession Services Agreement with Rincon Consultants, Inc. to increase the total agreement compensation from $340,000 to $960,000; and 2) approve a budget amendment to transfer $620,000 from Account No. 101- 2004-5100 (Building Safety Professional Services) to Account No. 101- 3003-5100 (Clean Water Professional Services). The motion carried unanimously.

8. Emergency Public Works Agreements
Recommended Action: 1) Receive a report on the approval of emergency Public Works agreements with Vido Artukovich & Son, Inc. / Vidmar, Inc.

JV and Diamond Construction, Inc. for emergency repairs in order to immediately preserve public safety; and 2) Authorize the City Manager or designee to amend the approved agreements if necessary to receive reimbursement from FEMA or any other governmental agency.

The Council discussed the item and directed questions to staff.

MOTION Councilmember Uhring moved, and Mayor Pro Tem Riggins seconded a motion to: 1) receive a report on the approval of emergency Public Works agreements with Vido Artukovich & Son, Inc. / Vidmar, Inc. JV and Diamond Construction, Inc. for emergency repairs in order to immediately preserve public safety; and 2) authorize the City Manager or designee to Malibu City Council
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amend the approved agreements if necessary to receive reimbursement from FEMA or any other governmental agency. The motion carried unanimously.

9. Lease Agreement with Wave Enterprises, Inc. for a Fire Rebuild Office Recommended Action: 1) Authorize the Mayor to execute a two-year lease agreement for a Fire Rebuild Office at 23805 Stuart Ranch Road; 2) Authorize the Acting City Manager to execute documents or agreements arising out of the proposed lease, including estoppel certificates; 3) Authorize the purchase of office furniture from CORT Business Services Corporation; and 4) Authorize the City Manager or designee to amend the approved agreements if necessary to receive reimbursement from FEMA or any other governmental agency.

The Council discussed the item and directed questions to staff.

MOTION Councilmember Uhring moved, and Councilmember Silverstein seconded a motion to: 1) authorize the Mayor to execute a two-year lease agreement for a Fire Rebuild Office at 23805 Stuart Ranch Road; 2) authorize the Acting City Manager to execute documents or agreements arising out of the proposed lease, including estoppel certificates; 3) authorize the purchase of office furniture from CORT Business Services Corporation; and 4) authorize the City Manager or designee to amend the approved agreements if necessary to receive reimbursement from FEMA or any other governmental agency. The motion carried unanimously.

The City Council considered Item Nos. 1.B.11. and 1.B.12. concurrently:

11. Amendment to Professional Services Agreement with Tripepi Smith & Associates, Inc.

Recommended Action: 1) Authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with Tripepi Smith, Inc. (Tripepi Smith) in the amount of $120,000 for a total not to exceed $250,000. This proposed amendment includes on-call communication services to support communication needs pertaining to the Franklin Fire 2024 and Palisades Fire 2025; and 2) Authorize the City Manager or designee to amend the approved agreements if necessary to receive reimbursement from FEMA or any other governmental agency.

12. Professional Services Agreement with Tripepi Smith & Associates, Inc. for On-Call Communication Services
Recommended Action: 1) Receive and file a report on on-call communication services with Tripepi Smith & Associates Inc. (Tripepi Smith) pertaining to Palisades Fire communications; and 2) Authorize the City Manager or designee to amend the approved agreements if necessary to receive reimbursement from FEMA or any other governmental agency.

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Minutes of February 10, 2025

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The Council discussed the item and directed questions to staff.

MOTION Councilmember Silverstein moved, and Councilmember Uhring seconded a motion to: 1) authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with Tripepi Smith, Inc. (Tripepi Smith) in the amount of $120,000 for a total not to exceed $250,000. This proposed amendment includes on-call communication services to support communication needs pertaining to the Franklin Fire 2024 and Palisades Fire 2025; 2) receive and file a report on on-call communication services with Tripepi Smith & Associates Inc. (Tripepi Smith) pertaining to Palisades Fire communications; and 3) authorize the City Manager or designee to amend the approved agreements if necessary to receive reimbursement from FEMA or any other governmental agency. The motion carried unanimously.

13. Professional Services Agreement with American Global Security, Inc.

Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with American Global Security, Inc. for security services at Malibu City Hall, City workshops, and rebuild recovery events.

The Council discussed the item and directed questions to staff.

MOTION Mayor Stewart moved, and Councilmember Uhring seconded a motion to authorize the Mayor to execute a Professional Services Agreement with American Global Security, Inc. for security services at Malibu City Hall, City workshops, and rebuild recovery events. The motion carried 4-1, Mayor Pro Tem Riggins opposed.

14. Professional Services Agreements for Fire Recovery and Rebuild Consulting Services
Recommended Action: A) Authorize the Mayor to execute individual Professional Services Agreements for Fire Recovery and Rebuild Consulting Services from: 1) Cotton, Shires & Associates Inc. for Geotechnical, Coastal Engineering, and Environmental Health services; 2) Bureau Veritas for Building Safety services; 3) True North for Building Safety services; 4) CSG Consultants, Inc. for Building Safety services 5) Solid Waste Solutions, Inc. for Environmental and Solid Waste Management services; 6) Rincon Consultants, Inc. for Environmental and Storm Response services; 7) Kimley Horn and Associates for Public Works services; 8) Filippin Engineering for Public Works services; and 9) MNS Engineering, Inc. for Planning and Public Works Services; B) 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.

Malibu City Council
Minutes of February 10, 2025

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The Council discussed the item and directed questions to staff.

MOTION Councilmember Uhring moved, and Mayor Stewart seconded a motion to:

A) Authorize the Mayor to execute individual Professional Services Agreements for Fire Recovery and Rebuild Consulting Services from: 1) Cotton, Shires & Associates Inc. for Geotechnical, Coastal Engineering, and Environmental Health services; 2) Bureau Veritas for Building Safety services; 3) True North for Building Safety services; 4) CSG Consultants, Inc. for Building Safety services 5) Solid Waste Solutions, Inc. for Environmental and Solid Waste Management services; 6) Rincon Consultants, Inc. for Environmental and Storm Response services; 7) Kimley Horn and Associates for Public Works services; 8) Filippin Engineering for Public Works services; and 9) MNS Engineering, Inc. for Planning and Public Works Services; B) 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.

The Council discussed the item and directed questions to staff.

The motion carried 4-1, Councilmember Silverstein opposed.

ITEM 2 CEREMONIAL/PRESENTATIONS
A. Presentation from the Los Angeles County Fire Department on Using Goats for Brush Clearance
Assistant Fire Chief Drew Smith presented on brush clearance and the discussed the benefits of using goats for brush clearance.

The Council directed questions to Assistant Fire Chief Smith.

CONSENSUS
By consensus, the Council directed staff to bring an item to the Public Safety Commission to discuss using goats for brush clearance.

ITEM 3 COMMISSION / COMMITTEE / CITY MANAGER UPDATES
Acting City Manager Toney discussed the storm forecasted this week and the flash flood watch. He described public works crews’ preparations for the storm. He stated the Army Corp and Public Works crews were staging on the Ioki lot and the National Guard base camp had moved from Will Rogers State Beach to the Bell lot. He stated the City was working on expanding the National Guard presence. He announced the Fire Rebuild ordinance was scheduled to be considered at a special Planning Commission meeting on February 10, 2025, and the City Council was scheduled to consider introducing the ordinance on March 4, 2025 and could be adopted on March 10, 2025. He stated City staff met with California Coastal Malibu City Council
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Commission (CCC) staff last week on to discussed the Local Coastal Program Amendment for fire rebuilds. He stated additional meetings and educational events for fire rebuilds were being scheduled. He stated plans for the rebuild office were being finalized and announced that the rebuild website maliburebuilds.org is live.

Sergeant Chris Soderlund, Los Angeles County Sheriff Department, commended the Community Brigades members and Volunteers on Patrol for their service and contributions since the Palisades Fire. He discussed PCH, debris flows from last storm event, and Caltrans and Los Angeles County Public Works’ decision to close PCH. He reported crime statistics for 2024 and stated the five year trend for part one crimes was down -5%.

In response to the Council, Sergeant Soderlund recommended residents call the station if they needed additional access to their property due to extenuating circumstances. He confirmed Community Brigades are helping with sandbag staging. He clarified which agencies had jurisdiction over PCH and confirmed Caltrans had ultimate authority over opening or closing the road. He stated there was no set reopen date for PCH. He stated residents needed a pass to use the road during a soft closure and dolphin decals were not sufficient. He confirmed the checkpoint on PCH had been chosen based on where the burn area was.

In response to Councilmember Silverstein, Acting City Manager Toney confirmed staff could ask the National Guard if the lights on their staging site could be adjusted.

In response to Councilmember Silverstein, Mayor Stewart stated the Mayor and Mayor Pro Tem were involved in meetings with CCC staff to discuss the Governor’s emergency orders and confirm they were being interpreted consistently across agencies.

Councilmember Silverstein expressed concern that these policy decisions were not being discussed by the Council before staff met with other agencies.

Councilmember Conrad expressed concern the Mayor and Mayor Pro Tem were working on rebuilding issues when Mayor Pro Tem Riggins and Councilmember Silverstein had been appointed to the Palisades Fire Ad Hoc Committee.

Mayor Stewart discussed the Mayor and Mayor Pro Tems role representing the City with other agencies and the Palisades Fire Ad Hoc Committee’s role.

Councilmember Silverstein discussed the limits of the ceremonial role of the Mayor.

Councilmember Conrad discussed the restrictions on the Council from the Brown Act and suggested holding additional meetings.

Councilmember Silverstein suggested holding additional meetings and adjourning Malibu City Council
Minutes of February 10, 2025

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meetings to another date and time to continue discussions on fire rebuilds.

Interim City Attorney Rusin explained the procedures for adjourning a meeting to another date and time.

Councilmember Silverstein indicated support for holding a meeting for policy discussions and adjourning the meeting to another date and time to continue discussions.

Mayor Pro Tem Riggins stated the agenda would need to have additional discussion topics.

Councilmember Uhring indicated support for additional meetings.

In response to Mayor Stewart, Councilmember Silverstein discussed the scope of the Palisades Fire Ad Hoc Committee and the importance of having more meetings of the Council as it is the decision making body. He suggested broadly noticing the policy discussion item on the special meeting agenda.

Acting City Manager Toney requested the Council clarify the scope of the special meeting topics.

Mayor Pro Tem Riggins requested clarification from Councilmember Silverstein on the purpose of the additional meetings.

Councilmember Silverstein stated he was requesting an item come back to discuss how the Council would be meeting after this disaster.

CONSENSUS
By consensus, the Council directed staff to bring back an item at the next meeting to consider scheduling additional meetings and policy discussions related to fire recovery.

In response to Councilmember Conrad, Interim City Attorney Rusin discussed the requirements for publicly noticed Council meetings.

RECESS At 8:05 p.m., Mayor Stewart recessed the meeting. The meeting resumed at 8:14 p.m. with all Councilmembers present.

ITEM 4.A. PUBLIC COMMENTS
Don Schmitz discussed prescribed burns and using livestock for brush clearance.

Mikke Pierson, Malibu-Palisades Chamber of Commerce, announced that the Chamber is working on resource list for all local business owners. He announced upcoming events to help local businesses and encouraged everyone to shop local.

He encouraged the Councilmembers to study the Brown Act.

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Luis Pena deferred time to Jefferson Wagner.

Jefferson Wagner shared the Planning Acronym list from the City. He suggested appointing a Rebuild Czar. He discussed local restaurants giving out free meals to those impacted by the Fire and the Boys and Girls collecting donations for fire victims. He discussed the number of right-of-entry (ROE) forms that had been filed for debris removal. He discussed the new antilooting law passed by the Assembly and Senate. He discussed the City’s rebuild website posters. He discussed controlled burns.

Channing Frykman deferred time to Kimberly Carr.

Kimberly Carr discussed her volunteer service in communities after wildfires. She discussed the importance of selfcare after disaster and fire resilient home models.

Pamela Conley Ulich discussed FireAID LA and suggested bringing back Malipalooza for fundraising for fire recovery.

Norm Haynie discussed the Councilmembers’ dedication to advocacy for the City of Malibu and discussed Mayor Stewart and Mayor Pro Tem Riggins’s participation in a meeting with CCC staff and City staff. He discussed the importance of getting water pumps working in Big Rock slide area. He recommended allowing water tanks on properties or swimming pools to meet fire flow requirements.

Tania Verruno requested weekly updates on the air and water quality. She requested more information about Phase 2 fire debris removal in Malibu.

Chad White was not available at the time of the hearing.

Scott Dittrich asked how much renting a goat herd for debris removal would cost the City of Malibu. He suggested the City gets its own herd for debris removal year-round. He expressed concern about the economic future of the City.

Ani Dermenjian, Todd Dinner, Todd Deinger, Edward Menasky, Inna Petullo, James Petella, and Peter Monge deferred time to Abe Roy.

Abe Roy discussed the Big Rock resident experience during the Palisades Fire. He discussed a proposal for staffing to support rebuilding, streamlining the permit process, and fire resiliency measures. He recognized Hak Wong and Betty O’Meara who passed in the fire.

Terry Davis was not present at the time of the hearing.

Janet Fulk discussed the need for support from the City for residents rebuilding.

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Arno Koch discussed his experience defending his home from the fire. He stated he did not see fire trucks in the neighborhood during the fire and discussed the importance of having fire trucks available for future fires. He discussed the importance of supporting rebuilding.

Craig Gold discussed MRCA properties and MRCA’s brush clearance policy. He discussed the importance of reducing fuel load and indicated support for using goats brush clearance.

Brian Merrick stated there needed to be consistency on road closure enforcement.

He requested approval for private debris removal, expedited rebuild permits for like-for-like projects, and allowing engineers to self-certify plans for permits.

Paul Grisanti thanked staff, the Council, Hans Laetz at KBUU, Community Brigades, Fire Department, and law enforcement for their work during the fire. He thanked Southern California Edison (SCE) for temporary generators, and SoCal Gas for restoring gas service to his house on Las Flores. He discussed damage to his property and challenges for tenants moving out of the burn area due to road closures. He discussed the impact of road closures on businesses.

Janet Fulk and Mariela Guayana deferred time to Jo Drummond.

Jo Drummond discussed Big Rock residents’ plans for a Big Rock overlay district.

She discussed debris removal, pool drainage, resident access issues, information needed on permit requirements for debris removal, expediting like-for-like rebuilds, foundation requirements for beachfront properties, and the importance of fire breaks. She suggested seeking State funding for fire breaks and MRCA brush clearance. She discussed SoCal Gas’ work in the burn area and the need to coordinate with the City’s Public Works Department. She discussed the Community Brigade’s response in Big Rock and the importance of more funding for brigades.

Howard Rudzki discussed political challenges for the City recovering from the and Palisades Fire and suggested appointing a Rebuild Czar.

Lea Johnson discussed the loss of her home on Carbon Beach in the fire.

Sion Roy, Santa Monica College Trustee, discussed the loss of his home in Big Rock. He discussed staffing needs for rebuilding. He suggested requesting additional funding from the State for staffing.

Marina Menavsky was not present at the time of the hearing.

Chebon Markham and Ben Marcus deferred time to Skylar Peak.

Skylar Peak presented a video of the Malibu coast that had been damaged by the fire.

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John Ortiz discussed loss of his home in the Franklin Fire and suggested appointing a Rebuild Czar. He discussed limited resources for the Franklin Fire since it was never declared a State disaster.

Ryan Embree discussed FEMA reimbursement for the 1993 fire. He suggested reestablishing the Telecommunications Commission. He discussed the City of Lahaina’s emergency communications system. He discussed the Governor’s executive order to facilitate rebuilding in the coastal zone. He suggested the City Council meet every week.

Georgia Goldfarb asked if she could use her resident pass to access her property tomorrow to prepare for the storm.

Dean discussed the Governor’s executive order related to rebuilding and suggested setting targets for rebuilding. He suggested allowing architects and engineers to self-certify plans.

The Cornucopia Foundation was not available at the time of the hearing.

ITEM 4.B. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Uhring discussed confusion over PCH access and the changing conditions causing the road to reopen and close. He discussed a notice from County notifying the Farmers Market that it would not be able to operate on the County property since it will now be used for Army Corp staging and sandbag distribution.

He requested and update on the recruitment for the Community Development Director. He discussed Big Rock repairs. He requested more information on water quality.

Councilmember Silverstein discussed how media and political focus on the City of Los Angeles after the Palisades Fire. He asked if the National Guard was active in the Malibu jurisdiction. He discussed the Los Angeles Rebuild Czar and indicated support for considering a Rebuild Czar in Malibu. He discussed the importance of supporting local businesses and requested an item to discuss how to support local businesses. He announced the Malibu Film Society’s Oscar party at Ollo. He discussed the importance of being straightforward about what the City’s limitations to support rebuilding. He suggested hiring a large firm to manage rebuilding. He discussed the PCH closure and the different views in the community on PCH access. He suggested considering hiring private security for the neighborhoods in the burn area. He suggested the City perform environmental testing in the burn area. He recommended the residents hire independent experts to assess their properties. He discussed resources in the community to support those impacted by the fire and encouraged the public to take advantage of those opportunities. He discussed underground parking at La Paz and stated it was a fire safe location. He suggested bringing back an item to consider appointing a separate Planning Commission to consider fire rebuild applications. He indicated support for finding Malibu City Council
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an alternate location for the Farmers Market. He discussed the Planning application portal and asked why it was closed after business hours. He discussed the City’s request for the Governor to include the Franklin Fire in emergency orders. He discussed the last Planning Commission meeting and how Commissioner Hill was addressed by the other commissioners.

Councilmember Conrad indicated support considering a Rebuild Czar. She stated she was meeting with the public at small businesses around the City. She indicated support for finding a location for the Farmer’s Market. She indicated support for using goats for brush clearance. She discussed the many agencies that had jurisdiction in Malibu, including Caltrans.

Mayor Pro Tem Riggins thanked Hans and Diane Latz for emergency communications on KBUU during the fire. She recommended residents in the burn area to notify friends and law enforcement if they are sheltering in place during the rain event and encouraged the public to evacuate early and safely.

Councilmember Conrad left the dais at 10:01 p.m.

Mayor Pro Tem Riggins shared advice for residents rebuilding, including staying involved in the process and talking to neighbors who have rebuilt from disaster.

Councilmember Conrad returned to the dais at 10:04
Mayor Pro Tem Riggins discussed fire resilience in building code. She suggested considering a sewer system for beachfront properties rebuilding.

Mayor Stewart discussed Phase 1 and Phase 2 debris removal. He discussed a tour of the EPA debris removal staging sites that all the Councilmembers were invited to and stated he attended. He discussed the role of the Mayor and his efforts to advocate for the City. He discussed the EPA site at Topanga and their mitigation measures to protect the environment. He discussed the meeting with CCC staff and stated it was primarily a meeting between City staff and CCC staff, and they discussed Franklin Fire as well. He discussed Steve Soboroff and the role of Rebuild Czar for the City of Los Angeles. He recommended rebuilding like-forlike to rebuild as quickly as possible. He discussed the City’s budget reserves and FEMA reimbursement. He discussed potential State funding to make up the lost revenue from reduced property taxes. He suggested bringing back an item consider waiving fees for rebuild permits. He stated the Cal Road Report app could provide updates on the status of PCH.

Councilmember Silverstein suggested scheduling townhalls for rebuild issues and insurance issues.

In response to Mayor Stewart, Acting City Manager Toney stated staff was working on getting the National Guard support for road closures on city streets.

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Deputy City Manager Brown stated residents who need access passes would need to obtain them from Lost Hills Station tomorrow.

CONSENSUS
By consensus, the Council directed staff to bring back an item for policy discussions and action on the following topics: 1) local business recovery, 2) security on city streets, 3) environmental study for residential properties, 4) special Planning Commission for fire rebuilds, 5) Rebuild Czar, 6) sewer systems, and 7) insurance townhall.

In response to Councilmember Uhring, Sergeant Soderlund stated the public could call the Malibu/Lost Hills station tomorrow if they need access to PCH.

ITEM 5 ORDINANCES AND PUBLIC HEARINGS
None.

ITEM 6 OLD BUSINESS
None.

ITEM 7 NEW BUSINESS
A. City Council Policy #42, Dial-A-Ride Program
Recommended Action: Adopt the revised City Council Policy #42, Dial-A-Ride Program, to amend the implementation section.

Community Services Director Riesgo presented the staff report.

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

The Council discussed the item and directed questions to staff.

MOTION Councilmember Uhring moved, and Councilmember Conrad seconded a motion to adopt the revised City Council Policy #42, Dial-A-Ride Program, to amend the implementation section. The motion carried unanimously.

MOTION Councilmember Silverstein moved, and Councilmember Conrad seconded a motion to hear Item No. 8.A. after 10:30 p.m. The motion carried unanimously.

ITEM 8 COUNCIL ITEMS
A. City Council Appointments to City Commissions and Committees Recommended Action: 1) Councilmembers Conrad, Silverstein, and Uhring to each make an appointment to the Malibu Arts Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Public Works Malibu City Council
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Commission, and Wastewater Advisory Committee; 2) Mayor Pro Tem Riggins to make an appointment to the Malibu Arts Commission; 3) Council may appoint or affirm appointments of an ex officio member to the Cultural Arts Commission, Parks and Recreation Commission, and Public Safety Commission; 4) Council to appoint or affirm two at-large appointments to the Wastewater Advisory Committee; 5) Council to appoint or affirm five appointments and two alternate appointments to the Building Board of Appeals; 6) Mayor Stewart, Mayor Pro Tem Riggins, and Councilmembers Conrad, Silverstein, and Uhring to each make an appointment to the Mobilehome Park Rent Stabilization Commission; and 7) Adopt Resolution No. 25-07, a resolution specifying residency requirements for Commission and Committee members whose residences are damaged or destroyed by a natural disaster.

City Clerk Pettijohn presented the staff report.

The Council directed questions to staff.

Mayor Stewart opened the floor to public comment.

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

The Council discussed the item and directed questions to staff.

Councilmember Conrad appointed Pamela Conley Ulich to the Malibu Arts Commission.

Councilmember Silverstein stated he would not make a change to his appointment of Peter Jones on the Malibu Arts Commission.

Councilmember Uhring stated he would not make a change to his appointment of Lotte Cherin on the Malibu Arts Commission.

Councilmember Conrad appointed Dane Skophammer to the Parks and Recreation Commission.

Councilmember Silverstein stated he would not make a change to his appointment of Georgia Goldfarb on the Parks and Recreation Commission.

Councilmember Uhring appointed Judy Villablanca.

Councilmember Conrad appointed Elizabeth Riddick to the Planning Commission.

Councilmember Silverstein stated he would not make a change to his appointment of Kraig Hill on the Planning Commission.

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Councilmember Uhring stated he would not make a change to his appointment of John Mazza on the Planning Commission.

Councilmember Conrad appointed Josh Spiegel to the Public Safety Commission.

Councilmember Silverstein appointed Alexis Aria to the Public Safety Commission.

Councilmember Uhring stated he would not make a change to his appointment of Keegan Gibbs on the Public Safety Commission.

Councilmember Conrad appointed Kevin Keegan to the Public Works Commission.

Councilmember Silverstein appointed Tiffany Murray to the Public Works Commission.

Councilmember Conrad appointed Kevin Poffenberger to the Wastewater Advisory Committee.

Councilmember Silverstein stated he would not make a change to his appointment of Steve Braband to the Wastewater Advisory Committee.

Councilmember Uhring stated he would not make a change to his appointment of Andrew Sheldon on the Wastewater Advisory Committee.

Mayor Pro Tem Riggins stated she would not be making her Malibu Arts Commission appointment this evening.

CONSENSUS
By consensus, the Council reaffirmed Brent Woodworth’s appointment as the Ex Officio member of the Public Safety Commission.

CONSENSUS
By consensus, the Council appointed Madelynn Glickfeld and Arnold Liu as the atlarge Committee Members on the Wastewater Advisory Committee.

CONSENSUS
By consensus, the Council reaffirmed the appointments to the Building Board of Appeals.

Councilmember Uhring appointed Bill Sampson to the Mobilehome Park Rent Stabilization Commission.

Councilmember Silverstein appointed Kevin Shenkman to the Mobilehome Park Rent Stabilization Commission.

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Councilmember Conrad appointed Robert Blackman to the Mobilehome Park Rent Stabilization Commission.

Mayor Stewart appointed Paul Grisanti to the Mobilehome Park Rent Stabilization Commission.

Mayor Pro Tem Riggins stated she would not be making her Mobilehome Park Rent Stabilization Commission appointment this evening.

MOTION Councilmember Silverstein moved, and Councilmember Uhring seconded a motion to Adopted Resolution No. 25-07, amended to revise Section 2 to state “The Malibu Municipal Code requirement to be a resident of the City of Malibu in order to serve on a committee or commission may be met either by maintaining a primary residence in the City, or being a registered to vote in the City, continuously during the time of service on that commission or committee”, a resolution specifying residency requirements for Commission and Committee members whose residences are damaged or destroyed by a natural disaster. The motion carried unanimously.

ADJOURNMENT
Mayor Stewart adjourned the meeting at 10:52 p.m.

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: Susan Dueñas, Public Safety Director
Approved by: Joseph D. Toney, Acting City Manager
Date prepared: April 8, 2025 Meeting date: April 28, 2025 Subject: After-Action Review of the Franklin and Palisades Fires RECOMMENDED ACTION: Authorize the Mayor to execute a professional services agreement with Witt O’Brien’s, LLC to conduct an After-Action Review of the City’s Emergency Operations response to the Franklin and Palisades Fires.

FISCAL IMPACT: No additional appropriation is required. There are sufficient funds in the Public Safety Services and Emergency Management Budget (Program 7021) to cover the not to exceed cost of $97,045 of the contract.

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: After any emergency incident, it is critical for responding agencies to reflect upon the incident to identify strengths and weaknesses in preparedness, response, and recovery efforts. An After-Action Review (AAR) identifies the strengths and weaknesses of the processes, procedures, and capabilities employed during an emergency response.

During the Franklin and Palisades Fires, the City’s Emergency Operations Center (EOC) team faced many challenges. The City’s EOC, located in the City’s Multipurpose Room, was initially directed to be activated at 11:24 PM on December 9, 2024, to respond to the Franklin Fire. However, because City Hall was in the path of the fire it was relocated to Calabasas City Hall at 5:30 AM. The EOC continued 24-hour operations until December 13 when it transitioned to remote operations and officially deactivated on December 18.

On January 7, 2025, the Palisades Fire broke out at approximately 10:33 AM and quickly spread to eastern Malibu. The City’s EOC was activated at 12:45 PM on January 7 and City Council Meeting
04-28-25
Item

1.B.4.
1

Agenda Item # 1.B.4.
immediately assumed 24-hour operations. However, due to evacuation warnings, City Hall was evacuated and the EOC was moved to the City of Westlake Village. Then on January 9, the Kenneth Fire threatened the City of Westlake Village, and the EOC was evacuated to the City of Camarillo. After the fire threat diminished, the EOC was relocated back to the Malibu area at Pepperdine University on January 11, while City Hall underwent repairs for smoke damage. EOC operations resumed at Malibu City Hall on January 15.

Responding to a large-scale incident is always challenging, but the necessity to relocate EOC operations multiple times and sustain EOC staffing levels throughout a prolonged event increases the complexity.

The primary goals for conducting an AAR for the Franklin and Palisades Fires, include:
1) Identify the strengths, weaknesses, and opportunities for improvement in the City’s response to large-scale incidents.
2) Apply this knowledge to improve and guide planning, training, exercises, and response to future incidents.

Given the importance of an objective review, the City issued a Request for Proposals on February 20, 2025, with a deadline of March 21, 2025. Staff received 10 proposals that were evaluated based on a number of criteria including the project team’s experience with similar projects, complex EOC activations, alert and warning, EOC communications, and facilitating effective group discussions. While not a primary consideration, the cost proposals ranged from $37,550 to $140,190.

The three highest-scoring proposals (Witt O’Brien, CPARS, and Constant Associates) were invited for an interview. From these interviews, Witt O’Brien, LLC was chosen based on their experience with similar AARs, prior professional experience working in City EOCs, and ability to complete the work in the desired time frame for a reasonable fee. They have extensive experience conducting comprehensive AARs for local agencies across the country, including in recent years for San José (flood), Santa Rosa (fire), and Sonoma County (fire and public safety power shut-off).

ATTACHMENTS: Professional Services Agreement with Witt O’Brien’s, LLC 2 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of April 28, 2025, by and between the City of Malibu (hereinafter referred to as the "City"), and Witt O’Brien’s, LLC (hereinafter referred to as "Consultant").

The City and the Consultant agree as follows:

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

B. The City desires to contract out for consulting services for certain projects relating Conducting an After-Action Review of the City’s Response to the Franklin and Palisades Fires.

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

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

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

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

2.0 TERM OF AGREEMENT. This Agreement will become effective on April 28, 2025, and will remain in effect until December 31, 2025, 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. The cost of services shall not exceed $97,045 for the term of the agreement. No additional compensation shall be paid for any other expenses incurred unless first approved by the City Manager, or his or her designee.

Docusign Envelope ID: 81F65F3C-B9D4-47D7-986E-F13A9F9DC9D3 Attachment 1
3 Agreement for Professional Services
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4.1 The Consultant shall submit to the City, by no later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the previous month. The City shall pay the Consultant all uncontested amounts set forth in the Consultant's bill within 30 days after it is received.

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

The Consultant further represents that in performance of this Agreement, no person having any such interest shall be employed by it.

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

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

6.0 GENERAL TERMS AND CONDITIONS.

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

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

6.1.2 If the Consultant or the City fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Consultant or the City violate any of the covenants, agreements, or stipulations of this Agreement, the Consultant or the City shall have the right to terminate this Agreement by giving written notice to the other party of such termination and specifying the effective date of such termination. The Consultant shall be entitled to receive compensation in accordance with the terms of this Agreement for any work satisfactorily completed hereunder. Notwithstanding the foregoing, the Consultants shall not be relieved of Docusign Envelope ID: 81F65F3C-B9D4-47D7-986E-F13A9F9DC9D3 4 Agreement for Professional Services
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liability for damage sustained by virtue of any breach of this Agreement and any payments due under this Agreement may be withheld to off-set anticipated damages.

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

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

6.4 Insurance. The Consultant shall submit to the City certificates indicating compliance with the following minimum insurance requirements no less than one (1) day prior to beginning of performance under this Agreement. Consultant further agrees to comply with all provisions in the attached Exhibit B which is incorporated herein.

6.5 Indemnification.

To the fullest extent permitted by law, Consultant shall indemnify 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.

6.5 Indemnification.

To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and any and all of its officials, employees, agents, and volunteers (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs, and expenses, including Docusign Envelope ID: 81F65F3C-B9D4-47D7-986E-F13A9F9DC9D3 5 Agreement for Professional Services
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attorney’s fees and costs, to the extent they arise out of, pertain to or relate to the negligence, recklessness, or willful misconduct of the Consultant.

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

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

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

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

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.

Docusign Envelope ID: 81F65F3C-B9D4-47D7-986E-F13A9F9DC9D3 6 Agreement for Professional Services
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6.9 Legal Construction.
(a) This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced, and governed under the laws of the State of California.
(b) This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement.
(c) The article and section, captions and headings herein have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.
(d) Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.

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

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

6.12 Corrections. In addition to the above indemnification obligations, the Consultant shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such 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.

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

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

6.16 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

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

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

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

Docusign Envelope ID: 81F65F3C-B9D4-47D7-986E-F13A9F9DC9D3 8 Agreement for Professional Services
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CITY: Joseph D. Toney CONSULTANT: Cheryl Joiner
Acting City Manager Director of Contracts and
City of Malibu Compliance
23825 Stuart Ranch Road Witt O’Brien’s, LLC
Malibu, CA 90265-4861 818 Town and Country Blvd
TEL (310) 456-2489 x 226 Suite 200, Houston, TX 77024
FAX (310) 456-2760 TEL (281) 320-9796
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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 assumingoffice, 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 ______

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 ______
Docusign Envelope ID: 81F65F3C-B9D4-47D7-986E-F13A9F9DC9D3 10 Agreement for Professional Services
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This Agreement is executed on April 28, 2025 at Malibu, California, and effective as of April 28, 2025.

CONSULTANT:
_______________________________
By: CHERYL JOINER, Director of Contracts and Compliance CITY OF MALIBU:
___________________________________
DOUG STEWART, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
Docusign Envelope ID: 81F65F3C-B9D4-47D7-986E-F13A9F9DC9D3 11 Agreement for Professional Services
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EXHIBIT A

SCOPE OF WORK
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Docusign Envelope ID: 81F65F3C-B9D4-47D7-986E-F13A9F9DC9D3 16 Agreement for Professional Services
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Docusign Envelope ID: 81F65F3C-B9D4-47D7-986E-F13A9F9DC9D3 17 Agreement for Professional Services
Witt O’Brien’s, 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.

Should Consultant obtain and maintain an excess liability policy, such policy shall be excess over Docusign Envelope ID: 81F65F3C-B9D4-47D7-986E-F13A9F9DC9D3 18 Agreement for Professional Services
Witt O’Brien’s, LLC

commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.

OTHER PROVISIONS OR REQUIREMENTS
Proof of Insurance. Consultant shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance.

Current certification of insurance shall be kept on file with City for the contract period and any additional length of time required thereafter. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

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

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

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

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

Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Docusign Envelope ID: 81F65F3C-B9D4-47D7-986E-F13A9F9DC9D3 19 Agreement for Professional Services
Witt O’Brien’s, LLC

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 sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than Docusign Envelope ID: 81F65F3C-B9D4-47D7-986E-F13A9F9DC9D3 20 Agreement for Professional Services
Witt O’Brien’s, LLC

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.

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Agenda Item # 1.B.5.

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: April 9, 2025 Meeting date: April 28, 2025 Subject: Professional Services Agreement with Rec Technologies, Inc.

RECOMMENDED ACTION: Authorize the Mayor to execute a Professional Services Agreement with Rec Technologies, Inc. (Rec Tech) to provide a recreation software system that tracks and processes program registrations, facility rentals, and payments.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement is included in the Adopted Budget for FY 2024-25 in Account No. 100-4001-6120-00 (General Recreation – Computer Software).

STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2024-25 Strategic Priority Project List.

DISCUSSION: Since 1993, the Community Services Department (Department) has offered various instructor and staff-led recreation programs for the community at City and school district facilities. In FY 2023-24, the Department provided over five hundred recreation programs, coordinated twenty special events, and processed approximately seventy-five facility rental applications. The Department's recreation software system is a key element in tracking registration for these programs.

The recreation software allows users to view program offerings, register and pay for programs online or in person, and track family registrations and activity history. Staff use the software system to view program rosters, reconcile financial data, and process instructor payments and reports. The software system is a key element to the Department’s successful operations.

The Department has used R.C. Systems, Inc. (RecPro) since 2014. Last year, the company notified staff that the software system would sunset on September 30, 2025, City Council Meeting
04-28-25
Item

1.B.5.

Agenda Item # 1.B.5.
causing the Department to open a Request for Proposal (RFP) for a new recreation software system.

The RFP opened on November 26, 2024. Resulting in the City receiving seven proposals by the January 8, 2025 deadline. Staff reviewed the proposals and offered interviews with three agencies. The selected contractor, Rec Tech, provided a comprehensive proposal that would enhance the customer interface and provide mobile payment options, such as ApplePay and GooglePay, which are not options with the RecPro system. Additionally, Rec Tech had excellent references. Municipal references stated that the company exceeded their expectations. Rec Tech’s innovative software system, experience, and customer communication options, such as text messaging, technical support, and payment processing system, are stand-out items that will enhance the Department's overall operation.

Once approved by Council, staff will immediately work with Rec Tech to coordinate data management and software development. This process will take approximately three months. Community outreach will also occur to inform residents of the new system, which will be available in August 2025.

ATTACHMENTS: Professional Services Agreement with Rec Technologies, Inc.

AGREEMENT FOR PROFESSIONAL AND SOFTWARE SERVICES
This Agreement for Professional and Software Services (the “Agreement”) is made and entered into as of April 28, 2025 by and between the City of Malibu, a California municipal corporation (hereinafter referred to as the "City"), and Rec Technologies, Inc., a Delaware corporation (hereinafter referred to as "Consultant"). The City and the Consultant are sometimes referred to individually as a “Party” and collectively as the “Parties.” 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 provide the professional and software services required under this Agreement.

B. The City desires to contract consulting and software services for certain projects related to the planning, configuration, building, implementation, and maintenance of a recreation software program.

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

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

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

1.0 SCOPE OF THE CONSULTANT’S SERVICES. The Consultant agrees to provide the services and perform the tasks set forth in the Scope of Work, attached to and made part of this Agreement, except that, to the extent that any provision in Exhibit A conflicts with this Agreement, the provisions of this Agreement govern. The Scope of Work may be amended from time to time by way of a written directive from the City, which is in writing and signed by both Parties. All exhibits attached to this Agreement shall be deemed a part of this Agreement and incorporated herein.

2.0 TERM OF AGREEMENT. This Agreement will become effective on April 28, 2025, and will remain in effect for a period of three 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 and software services provided to the City pursuant to this Agreement in accordance with the Scope of Work’s fee and cost schedule. The cost of services shall not exceed $12,000 per Docusign Envelope ID: AF812A01-2063-4D0B-8E33-F64A5B2D6244 Attachment 1
Agreement for Professional Services
Rec Technologies, Inc.

year, for a total amount not to exceed $36,000 for the term of the agreement. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his or her designee.

4.1 The Consultant shall submit an annual invoice to the City. The invoice shall include itemized fees and costs incurred for the year. The City shall pay the Consultant all uncontested amounts set forth in the Consultant's bill within 30 days after it is received.

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

The Consultant further represents that in performance of this Agreement, no person having any such interest shall be employed by it.

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

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

6.0 GENERAL TERMS AND CONDITIONS.

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

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

6.1.2 If the Consultant or the City fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Consultant or the City violate any of the covenants, agreements, or stipulations of this Agreement, the Consultant or the City shall have the right to terminate this Agreement by giving written notice to the other party of such termination and specifying the effective date of such termination. The Consultant shall be entitled to receive Docusign Envelope ID: AF812A01-2063-4D0B-8E33-F64A5B2D6244 Agreement for Professional Services
Rec Technologies, Inc.

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.

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

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

6.4 Insurance. The Consultant shall submit to the City certificates indicating compliance with the following minimum insurance requirements no less than one (1) day prior to the 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.

Docusign Envelope ID: AF812A01-2063-4D0B-8E33-F64A5B2D6244 Agreement for Professional Services
Rec Technologies, Inc.

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, City data or other documents produced in whole or in part under this Agreement for City shall be the subject of an application for copyright by or on behalf of the Consultant.

6.8.1 Rec Platform. Rec hereby grants City a limited, nonexclusive, nontransferable, non-sublicensable, revocable right to access and use the Rec Platform solely for the purposes described in the Agreement during the Term. Any access, use, or attempted access or use of the Rec Platform other than as expressly permitted in this Agreement is a material breach of the Agreement. Rec shall own and retain all right, title and interest in and to (a) the Rec Platform, the Services, technology underlying the Services, and any information included therein (excluding any and all Client Data), and all improvements, enhancements, customizations, updates, revisions, derivative works, or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with the Services, implementation services or support, and (c) all intellectual property rights related to any of the foregoing. Rec reserves all other rights in the Rec Platform. No transfer of ownership will occur under this Agreement.

6.8.2 Notwithstanding any provision of this Agreement to the contrary, this Agreement and any related materials or information, regardless of how it is classified, shall be subject to the order a court of law or similar body and shall be subject to the requirements of the California Public Records Act, the Ralph M. Brown Act, and any other relevant transparency law.

6.8.3. Client Data. City will own all worldwide right, title and interest in and to all City Data and Rec will not obtain any ownership rights or interests in such data. City hereby grants to Rec a limited, non-exclusive, revocable license to use, reproduce, modify and distribute copies of and make available the City Data and to sublicense such rights, limited to the degree it is necessary to provide the Rec Platform to Client. “City Data” will mean all data and information submitted to the Rec Platform under the account of an employee, consultant, contractor or agent of City.

Docusign Envelope ID: AF812A01-2063-4D0B-8E33-F64A5B2D6244 Agreement for Professional Services
Rec Technologies, Inc.

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

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

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

6.12 Corrections. In addition to the above indemnification obligations, the Consultant shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such 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.

Docusign Envelope ID: AF812A01-2063-4D0B-8E33-F64A5B2D6244 Agreement for Professional Services
Rec Technologies, Inc.

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

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

6.16 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

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

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

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

Docusign Envelope ID: AF812A01-2063-4D0B-8E33-F64A5B2D6244 Agreement for Professional Services
Rec Technologies, Inc.

CITY: Joseph Toney CONSULTANT: Rachel Williams
Acting City Manager President
City of Malibu Rec Technologies, Inc.
23825 Stuart Ranch Road 2261 Market Street STE 22268
Malibu, CA 90265-4861 San Francisco, CA 94114
TEL (310) 456-2489 x 226 TEL (415) 910-9224
FAX (310) 456-2760

6.20 Warranty of Authorized Signatories and Acceptance of Facsimile or Electronic Signatures. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

6.20.1 Each Party represents to the other that it is a valid legal entity and is in good standing or validly existing under the laws of the state of its formation. Each Party represents that it has all the requisite legal power and authority to execute, deliver and perform its obligations under the Agreement; that the execution, delivery and performance of the Agreement has been duly authorized; that the Agreement is enforceable in accordance with its terms; and that no approval, authorization or consent of any governmental or regulatory authorities is required to be obtained or made in order for it to enter into and perform its obligations under the Agreement.

Rec warrants that it has the qualifications, experience and facilities to perform properly and timely the Services under this Agreement

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 assumingoffice, 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 ______
Docusign Envelope ID: AF812A01-2063-4D0B-8E33-F64A5B2D6244 Agreement for Professional Services
Rec Technologies, Inc.

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

City Initials ______
Consultant Initials ______
This Agreement is executed on _____________________, at Malibu, California, and effective as of April 28, 2025.

CONSULTANT:
_______________________________
By: RACHEL WILLIAMS, President
CITY OF MALIBU:
___________________________________
DOUG STEWART, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
Docusign Envelope ID: AF812A01-2063-4D0B-8E33-F64A5B2D6244 Agreement for Professional Services
Rec Technologies, Inc.

Exhibit A - Scope of Work
Rec Technologies, Inc.

City of Malibu Recreation Software Program
The Consultant will be responsible for planning, configuring, building, implementing, training, and maintaining a recreation software program for the City of Malibu.

1. The Consultant will collaborate with City staff to collect and communicate requirements to launch (Launch) the Rec Technologies recreation software program. The software, once live, will process program registrations, facility reservations, memberships, attendance tracking, point of sale, ticketing, volunteer management, marketing, and customizable reporting.

2. Rec Technologies will communicate with City staff to provide a timeline for the new software system to Launch on August 4, 2025. The Consultant and City will meet on March 26, 2025, to schedule key dates and deadlines for the project.

3. The Consultant will collaborate with City staff to build and customize a recreation software program based on the City's requirements. Upon the effective date of the agreement, the city will be billed a one-time implementation fee of $3,000 in addition to the annual maintenance fee of $9,000.

4. The Consultant will work with the Community Services Director or their designee to schedule training sessions for City of Malibu personnel a minimum of 60 days before Launch. Training will include system operations, including but not limited to adding recreation courses, processing registrations, processing payments, facility rental options, customer messaging, and reports. The Consultant will provide additional training sessions at the request of the Community Services Director or their designee during the term of the Agreement.

5. Once the system is live, the Consultant will email a weekly financial report to the Community Services Director or their designee every Sunday outlining the accounting and finance reconciliations. The report will include all transactions 365 days a year, payments, payment methods, and reconciled credit card payment receipts. If Sunday falls on a legal holiday, observed by the City of Malibu, the financial report will be provided the next business day.

6. For the term of the Agreement, the Consultant will have weekly meetings with the Community Services Director or their designee to discuss system operations.

7. The Consultant will maintain the recreation software platform, perform routine maintenance, and timely notify the City of Malibu Community Services Director or their designee of any performance-related issues, updates, software downtime, and holidays that would affect access to support personnel.

Docusign Envelope ID: AF812A01-2063-4D0B-8E33-F64A5B2D6244 Agreement for Professional Services
Rec Technologies, Inc.

8. The Consultant agrees to abide by all terms and conditions of the Agreement, including City, state, and federal laws, and to supply and maintain insurance and cyber security operations while performing the scope of work under the Agreement.

9. The Consultant will immediately notify the City of Malibu Community Services Director or their designee of any issues or delays related to the work performed under this Agreement.

CONSULTANT:
________________________________________
RACHEL WILLIAMS, President
CONSULTANT’S Business Phone Number
_________________________________________
CONSULTANT’S Email Address
_________________________________________
CONSULTANT’S Emergency Phone Number
_________________________________________
Docusign Envelope ID: AF812A01-2063-4D0B-8E33-F64A5B2D6244 [email protected]
415,910.00
630-544-9829
$3,000 Implementation Fee
Software Licensing $9,000
$3,000
$9,000
Rec Technologies Inc.
1624 California St, San Francisco CA 94116
415-910-9224
[email protected]
Molly Nelson Partnerships Lead
01/06/2025
$3,000 Implementation Fee
Software Licensing $9,000
$3,000
$9,000
Rec Technologies Inc.
1624 California St, San Francisco CA 94116
415-910-9224
[email protected]
Molly Nelson Partnerships Lead
01/06/2025
Implementation Fee ($3,000): data confirmation of programming and facilities completed by Rec Technoligies. Unlimited onsite and online training. Marketing and design assets for online and offline transition.

Annual Fees ($9,000): maintenance, upgrades, text messaging capabilities, and support. POS devices.

Credit Card Fee: online 3.5% credit card fee plus $.30/transaction; offline 1% POS plus 2.5% and $.30/credit card transaction.

Agreement for Professional Services
Rec Technologies, Inc.

Docusign Envelope ID: AF812A01-2063-4D0B-8E33-F64A5B2D6244 Agreement for Professional Services
Rec Technologies, Inc.

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 $2,000,000 per occurrence, $4,000,000 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.

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.

Cyber Security and Privacy Liability Insurance. Contractor shall procure and maintain insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage:
a) Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including but not limited to personally identifiable information (PII), protected health information (PHI), security codes, access codes, passwords, etc. b) Network security liability arising from the unauthorized use of, access to, or tampering with computer systems, including hacker or denial of service attacks. c) Liability arising from introducing a computer virus into or otherwise causing damage to vendor (first-party) or customer's (third party) computer, computer system, network, or similarly related property and the data, software, and programs. d) Liability arising from professional misconduct or lack of the requisite skill required for performing services defined in the contract or agreement. e) Costs associated with restoring, updating, or replacing data f) Costs associated with a privacy breach, including notification costs, customer support, forensics, crises management, public relations consulting, legal services of a privacy attorney, credit monitoring, and identity fraud resolution services for affected individuals.

If coverage is maintained on a claims-made basis, consultant shall maintain such coverage for an additional three (3) years following termination of the contract.

Docusign Envelope ID: AF812A01-2063-4D0B-8E33-F64A5B2D6244 Agreement for Professional Services
Rec Technologies, Inc.

Cyber Technology Errors and Omissions Insurance. Consultant shall procure and maintain insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage:
a) Liability arising from the unauthorized release of information for which an entity has the legal obligation to keep private, such as personally identifiable information (PII) and protected health information (PHI).
b) Network security liability arising from the unauthorized use of, access to, or tampering with computer systems, including hacker or denial of service attacks. c) Liability arising from the failure of technology products (software and hardware) required under the contract for Consultant to properly perform the intended services. d) Claims alleging the failure of computer security that resulted in the transmission of malicious code, deletion, destruction or alteration of data, or the denial of service. e) Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep linking or framing, and infringement or violation of intellectual property rights.
f) Liability arising from the rendering, or failure to render, professional services. g) Defense costs in regulatory proceedings (state and federal) involving a violation of privacy laws or intellectual property rights.
h) Crisis management and other expert services.

If coverage is maintained on a claims-made basis, the Consultant shall maintain such coverage for an additional three (3) years following termination of the contract.

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

Should Consultant obtain and maintain an excess liability policy, such policy shall be excess 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.

Docusign Envelope ID: AF812A01-2063-4D0B-8E33-F64A5B2D6244 Agreement for Professional Services
Rec Technologies, Inc.

OTHER PROVISIONS OR REQUIREMENTS
Proof of Insurance. Consultant shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance.

Current certification of insurance shall be kept on file with City for the contract period and any additional length of time required thereafter. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

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

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

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

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

Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.

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.

Docusign Envelope ID: AF812A01-2063-4D0B-8E33-F64A5B2D6244 Agreement for Professional Services
Rec Technologies, Inc.

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 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 Docusign Envelope ID: AF812A01-2063-4D0B-8E33-F64A5B2D6244 Agreement for Professional Services
Rec Technologies, Inc.

the same insurance limits as required of the Consultant under this Agreement given the limited scope of work or services provided by the subcontractor. Consultant agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to City for review.

City’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days’ advance written notice of such change. If such a change results in substantial additional costs to the Consultant, the City and Consultant may renegotiate the Consultant’s compensation.

Self-Insured Retentions. Any self-insured retentions must be declared to and approved by the City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.

Timely Notice Of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional Insurance. The consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

Docusign Envelope ID: AF812A01-2063-4D0B-8E33-F64A5B2D6244

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: April 10, 2025 Meeting date: April 28, 2025 Subject: Master Facility Use Agreement with Santa Monica-Malibu Unified School District
RECOMMENDED ACTION: Authorize the Mayor to execute a two-year Master Facility Use Agreement with the Santa Monica-Malibu Unified School District through September 30, 2027.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement is included in the Adopted Budget for FY 2024-25 in Account No. 100-7059-5921-00 (NonDepartmental Services, Joint Use Agreement - SMMUSD).

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 has maintained a Master Facility Use Agreement (Agreement) with Santa Monica-Malibu Unified School District (District) since 1995. The Agreement outlines the terms of use and associated fees for City-organized youth programs and general adult recreational use during non-school hours at District facilities.

At the Regular meeting on January 27, 2025, Council reviewed the District’s proposed rate changes, which categorized the City from “Direct Rate” to “Fair Rental Value or Commercial Rate” for the 2025-27 Agreement. Council did not approve the Agreement, directed staff to return to the District to continue negotiations, and requested a 90-day extension to the 2022-24 Agreement.

Following discussions with the District, a five-year cost analysis was completed (Attachment 2). Findings revealed that the District had subsidized over $408,000 for the City to use their facilities. The District’s fees for facility use help cover costs related to City Council Meeting
04-28-25
Item

1.B.6.
1

Agenda Item #1.B.6.
ongoing and preventative maintenance, equipment replacement, general repairs, and renovations. The District determined that these costs can no longer be subsidized; therefore, the “Fair Market Value Rate” will be upheld, and failure to pay the rate would result in the City losing access to the facilities.

To assist the City with the cost transition, the District has proposed a gradual fee increase,

Fiscal Year Gradual Increase
May and June 2025 25% increase from 2023-24 Direct Rate 2025-26 50% increase from 2023-24 Direct Rate
2026-27 Fair Market Value Rate
Facility use has fluctuated over the years based on program offerings and the development of the Middle School sports program. In Fiscal Year 2023-24, the Department used the following school facilities for recreation activities and programs, Facility Program Annual Use
Malibu Community Pool Swim Lessons, Swim Team, Water
Polo, Aqua Aerobics, and Lap Swim 1,250 Hours
Malibu High School (MHS)
Gymnasium
Adult Open Gym, Youth Basketball
League, and Day Camps 200 Hours
MHS Tennis Courts Youth and Adult Tennis, Pickleball,
and Day Camps 65 Hours
MHS and Elementary School
Outdoor Basketball Courts
Youth Basketball League and
Day Camps 150 Hours
Malibu Elementary School and
Webster Elementary School Afterschool Programs 160 Hours Malibu Elementary School Weekend Open Community Use 520 Hours In Fiscal Year 2023-24, the City paid approximately $200,000 to use District facilities. In Fiscal Year 2026-27, the approximate cost will increase to $335,000. The Department provides the District with a list of facility use requests quarterly and could reduce facility use (costs) based on the City budget in future years. For example, weekend community use could be reduced to one day, lowering the annual fee by approximately $30,000.

The Agreement with the District would go into effect on May 1, 2025, and expire on September 30, 2027, with an option to extend for one year. 2

Agenda Item #1.B.6.

ATTACHMENTS: 1) 2025-27 Master Facility Use Agreement with Santa Monica-Malibu Unified School District
2) 2019-24 Santa Monica-Malibu Unified School District Rental Subsidy Study
3 MASTER AGREEMENT BETWEEN SANTA MONICA-MALIBU UNIFIED SCHOOL

DISTRICT AND THE CITY OF MALIBU REGARDING

JOINT USE OF SCHOOL DISTRICT FACILITIES
This Master Agreement is made and entered into as of this ______________ day of ______________, 2025, by and between the City of Malibu, a municipal corporation, hereinafter referred to as the “City” and Santa Monica-Malibu Unified School District, hereinafter referred to as the “District”, each duly organized and existing under the constitution and laws of the State of California (collectively, “Parties”); and

WITNESSETH
WHEREAS, the District desires to promote the health and welfare of the students and staff of the District and the City desires to promote the health and welfare of the residents of the City and enhance recreational opportunities. The Parties also desire to cultivate and develop community education, health, fitness, and good citizenship by providing City and District programs focused on education, recreation, and athletics to conduct such programs of community education, recreation and athletics to contribute to the attainment of objectives of the District and the City; and
WHEREAS, the District and the City have previously maintained a cooperative working arrangement, which has shown that the joint use of the grounds and facilities can afford the community increased programs in education, recreation, and athletics at a cost that would otherwise be required of our comparable program; and
WHEREAS, the development of programs in education, recreation, and athletics to meet the needs of the District and the City. The community requires optimum use of all publicly owned facilities which are adaptable to use for programs in education, recreation, and athletic purposes; and
WHEREAS, this Agreement is entered into under authority granted under the Government Code (Section 6500 et seq.) and by one or more of Education Code Sections 17051 (re joint use of parks and recreation), 17060 (re joint ventures) and 10900 et seq. (re joint use of property and facilities) of the State of California, which authorize and empower school districts and municipalities to enter into agreements with each other for the purpose of organizing, promoting, and conducting joint use programs for the provision for school facilities and education, recreation, and athletic opportunities for the citizens and residents of City and the District; and WHEREAS, the City and the District desire to enter into this Agreement pursuant to said statutory authorization; and
WHEREAS, this Agreement governs joint use of facilities at Malibu High School, Malibu Middle School, Malibu Elementary School and Webster Elementary School; and WHEREAS, the Parties desire to establish general guidelines for joint use of existing facilities;
NOW, THEREFORE, the City and the District hereby mutually covenant and agree with each other as follows:
4 City of Malibu and Santa Monica-Malibu Unified School District Master Facility Use Agreement 2025-2028

1.0 GENERAL PROVISIONS OF JOINT USE OF FACILITIES
The District shall make available to the City the use of certain outdoor facilities, buildings or portions thereof, as specifically requested and for the time requested, subject to the following conditions:

1.1 The "Commercial" rate of the District's operation of said facilities, buildings, or portions thereof, as indicated on the Facility Use Fee Schedule ( Exhibit A), shall be the basis upon which an annual contribution shall be made by the City to the District for use of said facilities, buildings or portions thereof. Any costs incurred related to City use of the District facilities outside those costs identified in Exhibits A (Facility Use Fee Schedule) and B (Facility Use Calendar) shall be subject to negotiation by the two agencies.

1.2 The Party having responsibility for supervision of a class, athletic program, or recreational activity may charge a permit fee no greater than the “Commercial” rate as listed in Facility Use Fee Schedule (Exhibit A) or an amount equal to 100% of the recovery of City’s costs related to the supervision, instruction, or materials used, whichever is greater. Such fees may be retained by the supervising authority as part of its budget for providing leadership and supervision of the education, recreation or athletic program. Such fee schedule must be reviewed by the appropriate District and City governing agency, board or commission, whichever is applicable. No fee shall be charged in violation of Education Code Sections 10902 or 10912.

1.3 The City shall provide, pay for, and supervise the City-sponsored or permitted education, recreation, or athletic programs at the District facilities at Malibu High School, Malibu Middle School, Malibu Elementary School, and Webster Elementary School. The District and City will agree to a Facility Use Calendar (Exhibit B) prior to the issuance of any permit to use certain facilities. Once the District has allocated certain dates and hours to the City, the City shall be responsible for programming or permitting of those facilities.

1.3.1 Any person, program, or community group desiring to use District facilities during dates and times allocated to the City under this Agreement, must apply through the City.

Use of District facilities by these outside entities is subject to the policies and regulations set forth by the District and the City, and will be scheduled by the City.

1.3.2 The City shall provide the District with quarterly or seasonal calendars detailing permit(s) issued by the District to the City and the City’s planned use of permitted facilities prior to use. The City agrees that it will not use District facilities until such time as notification of the granting of the permit(s) is received from the District.

1.3.3 The District will charge an additional fee for staffing one Sports Facility Attendant during City use, including City permits issued for community recreational and athletic groups.

1.4 Facility use outside the scope of this Agreement shall be subject to a separate agreement between the Parties.

1.5 Use of District facilities, grounds, and equipment by the City for the purposes of this agreement shall not interfere with the primary day-to-day educational mission, extracurricular programs primarily supported or sponsored by the District, including District-sponsored activities, programs and events, including special, emergency, or custodial use, shall have first priority.

Therefore, if a need arises after the establishment of any schedule, the City shall relinquish its 5 City of Malibu and Santa Monica-Malibu Unified School District Master Facility Use Agreement 2025-2028

permit to use the District facilities for such needs. The District shall make every effort to provide a minimum of two weeks’ notice to the City, should such cancellation become necessary.

1.6 Permits and schedules may be altered if agreed upon by the Parties.

1.7 Administrative authority for City programs shall reside with the City Manager or their designee.

1.8 The City shall provide all materials, supplies, and equipment necessary to conduct City programs. The District shall be allowed to use City equipment, with prior approval from the City.

1.9 The District shall provide all materials, supplies, and equipment necessary to conduct District programs. The City shall be allowed to use District equipment, with prior approval from the District.

1.10 As set forth in section 1.14 below, the City agrees to accept facilities as-is. The City will notify the District regarding maintenance and cleaning requests. The District agrees to respond to City staff within three (3) business days with an anticipated schedule for the repair or maintenance requested. The District shall maintain all facilities under this Agreement in a safe and clean condition, normal wear and tear expected, and furnish the facilities to the City in such condition at the permitted time. The City shall return the building, facilities, and grounds used in the same condition as they were received and shall repair, replace, or pay for any repair or replace any equipment which was proven to be damaged by the City, City-sponsored programs, or City permitted users within 21 working days of receipt of a site damage report by the City.

1.11 The City shall be responsible for any additional costs related to the City-sponsored use to employ, hire, or assign District employees, agents or other representatives to (i) prepare or otherwise setup said facilities, or portions thereof for City use, (ii) serve as security at said facilities, or portions thereof, for the District property in general, or (iii) provide other services in connection with City's use of said facilities, buildings or portions thereof, as shown on the Facilities Use Calendar (Exhibit B), provided the City and the District agree that the additional services are needed. If the City and the District cannot agree on the need of additional services, the City-sponsored program will not be allowed to begin or continue.

1.12 The City agrees to make stepped annual total contribution for management, supervision, operation, and maintenance and renovation associated with specific community educational, recreational, and sports/athletics programs operating in the District facilitiesFacilities, as shown on the Facility Use Calendar (Exhibit B) as shown on the 2023-2024 Facility Rates (Exhibit A). The contribution for 2024/2025 shall include a 25% increase from the 2023/2024 Direct Rate. The contribution for 2025/2026 shall include a 50% increase from 2023/2024 Direct Rate. The contribution for 2026/2027 shall include a 10% increase from the 2023/2024 Commercial Rate plus a fee of 10% of the 2023/2024 Commercial Rate an amount at least equal to the District’s “Commercial Costs” for management, supervision, operation, and maintenance and renovation associated with specific community educational, recreational, sports programs operating in the District facilities, as shown on the Facility Use Calendar (Exhibit B).

1.13 This Agreement shall become effective on May 1, 2025 . The Agreement shall be in full force and effect for two years, and shall expire on September 30, 2027, unless terminated in accordance with section 6.3 of this Agreement. The Agreement may be extended at 6 City of Malibu and Santa Monica-Malibu Unified School District Master Facility Use Agreement 2025-2028

the discretion of the District and City for one (1) additional year by mutual written consent of the Parties hereto.

1.14 The City hereby represents, covenants and warrants that neither the District nor anyone acting on the District's behalf has made any representation, warranty or other guarantee regarding the fitness of the facilities, buildings, or portions thereof to be used under this Agreement for the particular use desired by City. Furthermore, City hereby represents, covenants and warrants that, as a material inducement to the execution and delivery of this Agreement by the District, the City acknowledges and agrees that it accepts such facilities, or portions thereof in their "AS-IS", "WHERE-IS", "WITH ALL FAULTS" physical condition and in an "AS-IS", WHERE-IS", "WITH ALL FAULTS" state of repair, and the District has no obligation to repair or improve such facilities, or portions thereof in anticipation of or in connection with City's exercise of its rights under this Agreement, nor shall City or anyone claiming by, through or under City have any right or remedy against the District as a result of any physical condition of such facilities, or portions thereof (including, without limitation, any defect in or to the facilities, buildings or portions thereof). THE CITY HEREBY GENERALLY, FULLY AND

IRREVOCABLY RELEASES THE DISTRICT, ITS EMPLOYEES, AGENTS OR OTHER

REPRESENTATIVE FROM ANY AND ALL CLAIMS THAT CITY MAY NOW HAVE OR

HEREAFTER ACQUIRE AGAINST THE DISTRICT, ITS AGENTS, EMPLOYEES,

INDEPENDENT CONTACTORS OR OTHER REPRESENTATIVES FOR AND FROM ANY

COST, LOSS, LIABILITY, UNFORSEEN, KNOWN OR UNKNOWN, ARISING OUT OF OR

RELATED TO THE FACILITIES, BUILDINGS, OR PORTIONS THEREOF TO BE USED

UNDER THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, ANY PATENT,

LATENT OR OTHER DEFECTS IN THE PROPERTY OR THE PHYSICAL OR ENVIRONMENTAL CONDITION OF THE PROPERTY. WITH RESPECT TO THE RELEASES AND WAIVERS SET FORTH IN THIS SECTION 1.14, CITY EXPRESSLY WAIVES THE BENEFITS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES AS FOLLOWS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE

CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF

EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".

THE CITY HAS BEEN ADVISED BY ITS LEGAL COUNSEL AND UNDERSTANDS THE SIGNIFIGANCE OF THIS WAIVER OF SECTION 1542 RELATING TO UNKNOWN, UNSUSPECTED AND CONCEALED CLAIMS. BY ITS INITIALS BELOW, CITY

ACKNOWLEDGES THAT IT FULLY UNDERSTANDS, APPRECIATES AND ACCEPTS ALL OF THE TERMS OF THIS SECTION 1.14.

THIS RELEASE SHALL NOT APPLY TO ANY CLAIMS THAT HAVE ACCRUED

PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT OR TO ANY CLAIMS

OCCASIONED BY THE DISTRICT'S FAILURE TO MEET ITS OBLIGATIONS SET FORTH IN PARAGRAPH 1.11.

2.0 GENERAL OPERATING PRINCIPLES

2.1 Facilities to be jointly used under this Agreement shall be identified and defined in the Facility Use Calendar (Exhibit B) and made part of this Agreement. Whenever a facility is 7 City of Malibu and Santa Monica-Malibu Unified School District Master Facility Use Agreement 2025-2028

proposed for joint use within a larger site or project, the joint-use and non-joint use facilities (if any) shall be clearly separated, identified, and defined.

2.2 The term "facilities" may include school and recreation buildings (including restrooms, storage facilities and offices), multipurpose rooms, shade facilities (including both natural trees and artificial structures), drainage systems, auditoriums, gymnasiums, art rooms, kitchens, meeting rooms, computer rooms, athletic areas, playgrounds, parks, exercise paths, playfields, school grounds, parking and utility facilities incidental to the foregoing, and other recreational areas presently operated or that may hereafter be operated by either Party, and any ancillary facilities, at Malibu High School, Malibu Middle School, Malibu Elementary School and Webster Elementary School.

2.3 This Agreement shall be a Master Agreement that covers general requirements needed to effectively implement an overall cooperative program between the City and the District. In addition, the Parties may desire to expand such cooperative programs to include one or more sites, facilities, and/or projects under a separate agreement.

2.4 From time to time, the Parties to this Agreement may adopt and/or execute additional or supplemental agreements and/or policies governing the use of each joint use facility, and attach each such agreement or policy (each, an "Use, Operation, Maintenance, Repair and Renovation of Joint Use Facilities Policy", or as referred to in this Agreement, a "Policy") as part of Facility Use Calendar (Exhibit B), attached to this Agreement. Each such Use, Operation, Maintenance, Repair, and Renovation of Joint Use Facilities Policy shall cover the matters set forth in Article 5 hereof, shall become a part of this Agreement and shall be consistent with the general requirements specified herein. Additions or modifications to this Agreement require the written consent of both Parties as set forth in Section 6.11 of this Agreement.

2.5 Proposals for specific facilities to be covered by this Agreement shall be reviewed annually by appropriate District and City staff as outlined in Section 2.7 below. The appropriate forums shall include a jointly convened meeting of appropriate District and City staff.

2.6 A joint meeting of the District and City staff shall be held as necessary (but no less than annually) during the term of this agreement to consider matters of mutual concern and to develop or amend a "Joint Use Schedule" identifying the type of uses and times available for a particular facility. Each such schedule shall become a part of this Agreement (as Exhibit B hereto) and shall be subject to the general requirements specified herein. The Facility Use Schedule shall identify the responsible party for maintenance and supervision, whether by incorporation of the applicable Policy or otherwise. All additions or modifications to the Facility Use Schedule require the written consent of both Parties as set forth in Section 6.11 of this Agreement.

2.7 Per District Policy, the Board of Education shall review, update, and establish a "Facility Fee Schedule" of operating facilities covered under this Agreement and which will serve as the basis for calculating facility rental charges for each Party and the general public. For the purpose of this agreement and any contribution calculated based upon the Facility Fee Schedule, the Facility Fee Schedule annual increases will not exceed the percent change in the local Consumer Price Index (CPI) through the term of this Agreement. Such costs include wear and tear attributable to additional use, custodial and clean-up costs, supervision and extraordinary costs of any kind, including all costs associated with the respective Party's use of the other Party's facility that are above those costs normal to the operation and maintenance of a 8 City of Malibu and Santa Monica-Malibu Unified School District Master Facility Use Agreement 2025-2028

specific building or facility in the absence of the specific use. Each such schedule shall become a part of this Agreement and shall be consistent with the general requirements specified herein. If a Facility Fee Schedule is not established, any facility rent charged to a Party shall not exceed the cost as defined herein.

3.1 GOVERNANCE

3.2 The Parties shall routinely advise and consult with each other regarding significant changes in land use and facility development plans to assess impacts and opportunities for joint use. Each Party, however, shall maintain the primary planning and decision-making role on each facility or property that it owns.

3.3 Facilities subject to this Agreement shall be designed to enhance the surrounding environment, with a strong awareness for efficiency of operation, maintenance, and aesthetics.

4.1 JOINT USE: SCHEDULING AND OPERATION

4.2 The Facility Use Schedule shall be publicly disseminated for each facility to be covered by this Agreement. Specific attention shall be paid to identifying supervision, security and maintenance responsibilities for each facility. Parties shall jointly set appropriate hours of operation for each such facility while maintaining a sense of flexibility and cooperation for each organization's changing or special program needs. Appropriate fees will be agreed upon prior to approval of use and shall reflect the " Commercial" rate of the accommodation and operation of the facility for the educational, recreational, and athletic programming and permit use of the community and City as set forth in Section 1.1 of this Agreement.

4.3 Parties shall continuously review their current practices and provision of services and shall work both independently and together to make all necessary changes in such practices in order to reduce costs, avoid duplication, achieve economy of scale, increase efficiency, and enhance provision of services.

4.4 Subject to specific agreement otherwise in a Facility Use Calendar (Exhibit B), the District shall have the right to the exclusive use of the shared-use facilities during “school days” during “school hours” and "school use" as hereinafter defined. Use of the shared-use facilities by the City at times during the District's exclusive use period shall be permitted only by mutual agreement of the Parties or pursuant to the applicable Facility Use Schedule.

4.5 "School days" are defined collectively as (i) those days on which school is held in regular session as established in the school calendar from time to time and adopted by the Board of Education for each school year, and (ii) those other days on which the District-sponsored programs are scheduled. The "school hours" and "school use" of such school days shall be collectively (i) those regular school hours as established by the administration of each school in accordance with rules and regulations of the Board of Education, and (ii) those additional hours during which the District-sponsored activities are scheduled to occur.

4.6 All joint use facilities and equipment shall be used for their intended purposes.

The Facilities Use Schedule shall be subject to an annual review and modification by the Parties, to ensure that all normal facility and equipment uses are accommodated if reasonably possible and to avoid potential conflicts between facility uses and users. Any and all additions or modifications to the Facilities Use Schedule require the written consent of both Parties as set 9 City of Malibu and Santa Monica-Malibu Unified School District Master Facility Use Agreement 2025-2028

forth in Section 6.11 of this Agreement. With respect to the District-owned facilities, each Facility Use Schedule shall assign a priority of use for covered facilities and equipment during nonexclusive use hours in the following order:

4.6.1 Activities and programs of the District that are directly related to the District school programs;

4.6.2 Events or activities that are designed to serve organizations directly sponsored by or associated with the District, such as Parent Teacher Associations, Education Foundation, etc.;

4.6.3 Events or activities connected with the City's or the District’s general programs in the order of priority reasonably established between the Parties; and

4.6.4 All other organizations and individuals.

4.7 Each Party shall be responsible for the proper conduct, supervision and security of any activity or use conducted or sponsored by or through such Party at any joint use facility as required in the Facility Rules and Regulations (Exhibit C).

5.1 OPERATION, MAINTENANCE, REPAIR, AND RENOVATION OF JOINT USE

FACILITIES

5.2 The Parties shall work together to ensure that all joint use facilities are adequately maintained to allow proper and safe use, appearance, and longevity. Each Facility Use Schedule shall be covered by the District Policy, Facility Rules and Regulations, and the terms thereof shall be enforced in a fair and non-discriminatory manner.

5.3 The cost of operation, maintenance and repair of joint use facilities shall be identified in the Facility Use Fee Schedule (Exhibit A), as appropriate. Factors for allocation of such costs between the District and the City shall include proportionate use, type and intensity of use, value of joint use benefit received, and other pertinent factors. Payment from the City to the District for operations, maintenance, repairs, and renovation are part and parcel to the fees paid in accordance with the facility use calendar and fee schedule attached as Exhibits A and B respectively.

5.4 The District Facility Rules and Regulations (Exhibit C) shall include rules and regulations governing operational issues (such as determination of costs, hours, scheduling, staffing, maintenance, and repair), utilities, security supervision, materials, equipment, and supplies. Each Policy shall be designed and implemented with due regard for benefits to the community, operational efficiencies, and cost effectiveness.

5.5 General Security issues regarding facilities shall be addressed in regular meetings with the District staff. City staff will be provided with phones during City use or when City permits facilities for use, so that its staff can communicate immediately with City and/or the District supervisory staff or, if necessary, the Los Angeles County Sheriff’s Department. City staff will immediately report and/or document an event, incident or activity on the District property that violates District Facility Rules and Regulations (Exhibit C), this Agreement is prohibited by local Board rules or State Education Code.

6.1 MISCELLANEOUS PROVISIONS
10 City of Malibu and Santa Monica-Malibu Unified School District Master Facility Use Agreement 2025-2028

6.2 Indemnification and Hold Harmless

6.2.1 District Hold Harmless: the District shall indemnify, defend and hold harmless, to the maximum extent permitted by law, the City and its officers, council members, agents, employees and representatives ("related parties"), from and against any and all liability, suits, actions, proceedings, judgments, claims, losses, costs (including attorney’s fees), liens, damages, injuries (whether in contract or in tort, including personal injury, accidental death or property damage, and regardless of whether the allegations are false, fraudulent or groundless), relating to the District's or its representatives “or invitees” use of a facility (including, without limitation, any personal injury or property damage resulting from or occurring during the District's use of a facility and whether or not such an injury or damage resulted from any existing conditions at the facility) or breach of this Agreement, with the exception of those injuries, losses damages occasioned by the negligence or willful misconduct of City or its related parties.

6.2.2 City Hold Harmless: The City shall indemnify, defend and hold harmless, to the maximum extent permitted by law, the District and its officers, Board members, agents, employees and representatives ("related parties"), from and against any and all liability, suits, actions, proceedings, judgments, claims, losses, costs (including attorney’s fees), liens, damages, injuries (whether in contract or in tort, including personal injury, accidental death or property damage, and regardless of whether the allegations are false, fraudulent or groundless), relating to City's or its representatives' or invitees' use of a facility (including without limitation, any personal injury or property damage resulting or occurring during the City's use of a facility and whether or not such an injury or damage resulted from any existing conditions at the facility) or breach of this Agreement, with the exception of those injuries, losses or damages occasioned by the negligence or willful misconduct of the District or its related parties.

6.3 Insurance. The District is currently self-insured for property and liability insurance. Notwithstanding the foregoing, the Parties may elect to insure one or more facilities separately, or to require non-party users to obtain appropriate insurance for the use of a facility.

Such special insurance requirements shall be specified where appropriate or applicable in a Facility Fee Schedule.

The City will provide proof of general liability insurance naming the District as additionally insured to comply with the District Facility Permit Insurance Requirements (Exhibit D).

6.4 Termination or Modification. The term of this agreement is two (2) years. Except as otherwise provided herein, or as required by law, either Party may terminate this Agreement in whole or in part (with respect to a specific joint use facility) upon sixty (60) days written notification. Termination of all or a portion of this Agreement shall effectively terminate each applicable implementing agreement attached in each Exhibit B, subject to any specific requirements of cost allocations, reimbursements and/or supplemental termination procedures set forth therein This agreement may be extended at the discretion of the District and City for an additional one (1) year by mutual written consent of the parties hereto.

6.5 Attorney’s Fees and Costs. Each party shall bear its own attorney’s fees and cost in connection with this agreement, except as provided herein or otherwise provided by law. If either party commences an action against the other party to enforce any of the terms of this Agreement or otherwise with respect to the facilities, the prevailing party, in addition to any other relief to which such party may be entitled, shall be entitled to recover from the other party its reasonable attorneys' fees, costs and expenses incurred in connection with the prosecution or defense of such action. The term "attorney's fees" and "attorney's fees, costs and expenses" shall mean the fees, 11 City of Malibu and Santa Monica-Malibu Unified School District Master Facility Use Agreement 2025-2028

costs, and expenses of counsel to the parties hereto, which may include printing, Photostatting, duplicating and other expenses, air freight charges, and fees billed for law clerks, paralegals and other persons not admitted to the bar, but performing services under the supervision of an attorney, and the costs and fees incurred in connection with the enforcement or collection of any judgment obtained in any such proceeding, and shall include, specifically, all fees, costs and expenses of expert witnesses. For purposes of this Agreement, the term "prevailing party" shall include a "prevailing party" as defined in California Code of Civil Procedure Section 998.

6.6 Entire Agreement. This Agreement, together with Exhibits A, B, C and D attached hereto, represents the entire and integrated Agreement between the District and City for the facilities at Malibu High School, Malibu Middle School, Malibu Elementary School and Webster Elementary School. This Agreement supersedes all prior and contemporaneous communications, negotiations, understandings, promises and agreements, either oral or written including all prior joint use agreements between the City and the District pertaining to these school sites. Any modifications to the terms and conditions of this Agreement shall be effective only when agreed to in writing by both the District and City.

6.7 Relationship of the Parties. The Parties hereby agree that their relationship shall be that of joint users of the property identified for such use, and in no event shall this Agreement be construed as creating a legal partnership, employment or agency/principal relationship.

6.8 Notices. Notices hereunder shall be sufficient if delivered to:

City:

City of Malibu
City Manager
23825 Stuart Ranch Road
Malibu, CA 90265
District:

Santa Monica-Malibu Unified School District
Superintendent of Schools
1651 Sixteenth Street
Santa Monica, CA 90404

6.9 Section Heading. All section headings in this Agreement are for convenience of reference only and are not construed as modifying or governing the language in the section referred to or to define or limit the scope of any provision of this Agreement.

6.10 Consent. Whenever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld or delayed. Where circumstances or applicable law requires, consent may be subject to School Board and City Council approval.

6.11 Governing Law. This Agreement is made under the Constitution and laws of the State of California and is to be so construed.

6.12 Amendment. This Agreement may be amended at any time, or from time to time, by one or more supplemental written agreements executed by all of the Parties to this Agreement either as required in order to carry out any of the provisions of this Agreement or for any other 12 City of Malibu and Santa Monica-Malibu Unified School District Master Facility Use Agreement 2025-2028