b. Site Survey.
A site survey with the following items:
Property boundaries with bearings, distance, monuments, iron rods, or other markers shown; show existing and proposed lot lines.
North, date, scale, dimensions, and record boundaries of ownership.
Indicate topography by showing contours.
Location of trees at least four inches in diameter and at least 4.5 feet above ground.
Location of the existing OWTS
Wet-stamped and wet-signed by a registered civil engineer or surveyor.
The survey markers will clearly provide answers to these following questions:
1. The position of the property lines.
2. The position for the proposed fence location along the east property line.
3. The position of the proposed construction sites and distance from the property line and watershed zone.
4. The position of a 12' diameter Coastal Live Oak in relationship to the construction site.
5. The position and numbers of native toyon, coastal live oak and walnut trees (all protected species), which may be removed or uprooted during construction along the proposed property line.
6. The position of the watershed as it passes over the property line near Harvester Road.
7. The position of the OWTS as related to the watershed on Mr. Kent’s parcel.
Currently, the APPEAL hearing, without survey markers denies crucial information about the property rights of the neighbor's tangent parcel.
To ensure a fair and accurate visual analysis, the on-site survey markers must be properly positioned and marked. This will enable a comprehensive evaluation of the potential effects of the proposed development on our surrounding environment.
I respectfully request that the Planning Department require the applicant to correct this issue by positioning survey markers in full compliance with the city’s specifications, as outlined on page 3 of the CDP - 8. Survey.
Thank you for your attention to this matter. We trust that the Planning Department will adhere to the city's regulations, thereby facilitating a fair and transparent evaluation of the proposed application by requiring survey markers.
Dawn N Ericson
Harvester Road
April 2, 2025
Malibu City Council
23825 Stuart Ranch Rd.
Malibu, CA 90265
RE: 30053 Harvester Rd. Survey (and Imaginary ESHA)
Dear Members of the Malibu City Council,
Unfortunately, our neighbor Dawn Ericson has forgotten what transpired prior to our last hearing and has thrown another red herring. Ms. Ericson made the same allegations regarding our survey last year and now it is déjà vu all over again. Of course, our surveyor (ironically the same surveyor hired by Ms. Ericson for her property) completed the survey in compliance with all of the Malibu city requirements.
Last year prior to the hearing, Ms. Ericson alleged that our survey was not accurate to the fence line because her “landscaper” checked it with his phone app and thought it was four feet off. We then had to pay the surveyor to come back out to verify the property corners, the fence line and the oak tree that was on her property (please see the attached stamped survey from last year that was an exhibit during our planning commission hearing).
Despite Ms. Ericson’s references to native trees on her property, there is only one protected tree that is located far away from any proposed structures. In fact, the most predominant feature of the drainage gully bordering our property is a row of enormous eucalyptus trees that likely caused Ms. Ericson’s house to burn in the Woosley fire.
The Malibu city biologist has made three separate written determinations that there is no ESHA on Ms. Ericson’s property and that the smaller unprotected native trees appeared to be planted by Ms. Ericson. Our eminently respected biologist, Edith Read who has been working in Malibu for the past 30 years, also concluded that neither property is within environmentally sensitive habitat. And of course, there is no mapped ESHA on either property.
Prior to the planning commission hearing last year, it became apparent that Ms. Ericson tried to create an imaginary ESHA in order to justify to the planning department pushing her house closer to her West neighbor before building her own home. The former planning director, Richard Mollica, explained during our planning commission hearing that Ms. Ericson submitted a plan by her landscape architect showing the supposed “ESHA” that has never been mapped by the city or the Coastal Commission. Richard Mollica explained that Ms. Ericson’s request to push her house closer to her neighbor’s property was subsequently rejected by city planning.
S T E V E N K E N T A R C H I T E C T 310.293.3222 StevenKentAIA.com Now Ms. Ericson is trying to use the same false claims of ESHA to stop us from building our home, which is in full compliance with the Malibu LIP. Every time the neighbors throw out these bogus allegations, we are forced to spend thousands of dollars on professional consultants and additional city fees to refute complete nonsense.
We look forward to finally putting this matter to rest at the upcoming Malibu City Council hearing April 28th
.
Best,
Steven Kent
FNC
FNC
FNC FNC WM SURVEYS INC. William L. Meagher 2747 Sherwin Ave. #12 Ventura, Ca. 93003 (805) 677-4850 NORTH 30053 HARVESTER RD. MALIBU, CA 90265 TREE MAP E AGH ME .ND S OR EY VRU L L I MAI L DESNECI LN o. LA N A12 - R I F L E2S- 31O I A N A S O PET ELX FSC I RE I T CE W5 9 4 8 R 4 11 B23053 SCALE: 1" = 30' FENCE F
City Of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265
PLANNING DEPARTMENT
Nගඑඋඍ ඎ Pඝඊඔඑඋ Hඍඉකඑඖඏ
Phone (310) 456-2489
www.malibucity.org
Nගඑඋඍ ඎ Pඝඊඔඑඋ Hඍඉකඑඖඏ
The Malibu City Council will hold a public hearing on Monday, April 28, 2025, at 5:30 p.m. in the Council Chambers, Malibu City Hall, 23825 Stuart Ranch Road, Malibu, CA and via teleconference, for the project identified below.
APPEAL NOS. 24-004 and 24-005 - An appeal of Planning Commission Resolution No 24-21 determining the project is categorically exempt from the California Environmental Quality Act and approving Coastal Development Permit 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 saquare foot attached three-car garage, 900 square foot detached second unit, 500 square foot detached garage, 432 square foot yoga studio, swimming pool, grading, landscaping, hardscape, and onsite wastewater treatment system, including Site Plan Review No. 23-024 to construct the residence in excess of 18 feet in height up to 24 feet for a flat roof
LOCATION / APN / ZONING: 30053 Harvester Rd / 4469-009-010 / Rural Residential-Two Acre (RR-2) APPLICANT / OWNER: Steven Kent Architects / Steven Kent APPELLANTS: Dawn N. Ericson, Paul E Philipson, and Andrea Slosberg-Philipson APPLICATION FILED: March 15, 2023
APPEALS FILED: April 25, 2024
ENVIRONMENTAL REVIEW: Categorical Exemption CEQA Guidelines Sections 15303(a) and 15303(e) CASE PLANNER: Tyler Eaton, Principal Planner, [email protected] (310) 456-2489, ext. 273
A written staff report will be available at or before the hearing for the project. All persons wishing to address the Council regarding this matter will be afforded an opportunity in accordance with the Council’s procedures. Copies of all related documents can be reviewed by any interested person at City Hall during regular business hours. Oral and written comments may be presented to the City Council on, or before, the date of the meeting.
IF YOU CHALLENGE THE CITY COUNCIL’S ACTION IN COURT, YOU MAY BE LIMITED TO RAISING ONLY
THOSE ISSUES RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR OTHERWISE HELD
BY THE CITY, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY, EITHER AT OR PRIOR TO THE PUBLIC HEARING.
MAUREEN TAMURI, Interim Planning Director Date: April 3, 2025 Exhibit M
Agenda Item # 5.E.
Supplemental
Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Tyler Eaton, Principal Planner
Reviewed by: Maureen Tamuri, AIA, AICP, Interim Planning Director Approved by: Candace Bond, Interim City Manager
Trevor Rusin, Interim City Attorney
Date prepared: May 23, 2025 Meeting date: May 27, 2025
Subject: 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)(Continued from May 21, 2025) RECOMMENDED ACTION: Adopt Resolution No. 25-17 (Exhibit A) determining the project is categorically exempt from the California Environmental Quality Act (CEQA), denying Appeal No. 24-004 (Exhibit B) and Appeal No. 24-005 (Exhibit C), and approving Coastal Development Permit (CDP) No. 23-019 to construct a new 4,270 square foot, twostory, 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).
DISCUSSION: At the May 21, 2025, Adjourned Regular City Council meeting, the City Council was informed by planning staff that an agreement had been reached between the applicant and appellants Paul Philipson and Andrea Slosberg-Philipson, owners of the property immediately adjacent, to the east, of the proposed project.
City Council Meeting
05-27-25
Item
5.E.
Agenda Item # 5.E.
A copy of that agreement and related materials is attached to this supplemental report.
The agreement specifies that Paul Philipson and Andrea Slosberg-Philipson will withdraw their appeal if the City Council approves a condition to the project requiring the entirety of the main house, and surrounding exterior landscape features, to be relocated westerly by a further seven feet. Staff has determined that this proposed modification is in substantial conformance with the original project and would not require any additional entitlements.
Staff recommends that the City Council review this agreement and proposed site plan modification, and reopen the public hearing to take comments only regarding the proposed change. The public hearing on the project and appeals has already been completed and closed, so Staff recommends that public comment on this limited issue follow the normal rules for public communications where each speaker is limited to three minutes, and inperson participants may surrender their time by deferring one minute to another in-person speaker for a total of no more than 8 minutes per speaker. The appellants and then the applicant should be allowed to speak last so they have the opportunity to address any issues raised during the public comment period before closing the public hearing.
Staff is not aware, at this time, of any agreement between the applicant and appellant Dawn Ericson, owners of the property immediately adjacent, to the west, of the proposed project.
Staff will be available to address the Council’s questions.
ATTACHMENTS: Agreement between Steven Kent and Andrea/Paul Philipson AGREEMENT BETWEEN STEVEN KENT & ANDREA] PALTL PEIUPSGN
RE: 30053 HARVESTER RD., MALIBU
On this day May 21th, 2025, the Philipsons who reside at 30033 Harvester Rd. Malibu agree to withdraw their City Council Appeal Case #24-005.
And in exchange, Steven Kent who owns the property located at 30053 Harvester Rd.
Malibu, agrees to shift the main house as approved by the City of Malibu Planning Commission on April 15””, 2024 to be 20’-3” setback from the common East property line. The roof elevation height of the main house will be 313.5’ and the Yoga Studio 289.5’.
(see attached Site Plan ExhibitA)
This offer is conditional upon CDP No. 23-019 being approved by Malibu City Councii and NOT being sent back t0 Planning Commission.
Acknowledged & Agreed:
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Agenda Item # 6.A.
Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Candace Bond, Interim City Manager
Date prepared: May 22, 2025 Meeting date: May 27, 2025
Subject: Fire Recovery Work Session Agendas
RECOMMENDED ACTION: Provide direction to staff on which topics should be scheduled for upcoming Fire Recovery Work Sessions.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
STRATEGIC PRIORITY: This item was not included in the Adopted FY 2024-25 Strategic Priority Project List, but this has been prioritized due to the declared emergency.
DISCUSSION: At its regular meeting on March 10, 2025, the City Council took action to establish reoccurring specials meetings in the format of Work Sessions, on Thursdays at 3:00 p.m. each week there is not a regular meeting scheduled for three months. The work sessions provide an opportunity for in-depth discussion on specific topics, policy matters, and strategic initiatives related to the Palisades Fire Rebuilds.
The most recent work session scheduled for May 8, 2025 was canceled in favor of holding an adjourned regular meeting on that date. The final scheduled work session is tentatively scheduled for June 5, 2025.
The Council can provide direction to staff now on how to prioritize topics for upcoming work sessions.
ALTERNATIVES: If the Council determines it does not have a topic for the next work session, it can direct staff to cancel the meeting.
ATTACHMENTS: None.
City Council Meeting
05-27-25
Item
6.A.
Agenda Item # 7.A.
Council Agenda Report
To: Mayor Riggins 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: May 7, 2025 Meeting date: May 27, 2025
Subject: Malibu Arts Association Fee Waiver
RECOMMENDED ACTION: Consider whether to approve a request from the Malibu Arts Association to waive facility use fees, staffing costs, permit fees, and incur costs related to event mailing data and radius map for a summer art show series at Legacy Park.
FISCAL IMPACT: Waiving the facility use and permit fees will result in a loss of revenue of $6,527 for FY 2024-25 and FY 2025-26 in Account Numbers 100-0000-3461-00 (Municipal Facility Use Fees), 101-0000-3421-00 (Planning Review Fees), and 100-0000- 3431-00 (Public Works Review Fees). The Legacy Park Deed Restrictions allow up to six events at the park per calendar year. These events generate revenue for the City, and waiving the associated fees limits potential revenue.
Funding costs associated with retrieving mailing data and a radius map were not included in the Adopted Budget for FY 2024-25, requiring an expense of $165 in Account Number 100-4001-5107-00 (General Recreation – Contract Personnel).
WORK PLAN: This item was not included in the Adopted Work Plan for FY 2024-25. This project is part of normal staff operations.
DISCUSSION: Since 2021, Council has approved Malibu Arts Association (MAA) fee waiver requests to conduct art shows at Legacy Park. MAA art shows feature six to fourteen artists and help the organization raise funds for student scholarships and book purchases for the Malibu Library.
MAA plans to conduct monthly art shows at Legacy Park from June through September and has requested that the City waive 100% of the fees associated with the event and pay for the mailing data and radius map, which is required for the Temporary Use Permit City Council Meeting
05-27-25
Item
7.A.
1
Agenda Item # 7.A.
(TUP). MAA is a small organization with limited financial resources, and unfortunately, several MAA artists were impacted by the recent fires and lost their homes.
The fees associated with one art show event in Fiscal Year 2024-25 include the following:
Factoring in a 3% fee increase for FY 2025-26, the fees for three art show events include the following:
The community will benefit from MAA’s summer art show series due to the organization offering cultural enrichment, support for local artists, community engagement, economic impacts, educational opportunities, and space beautification. The art shows will expose the community to diverse forms of creative expression, promoting cultural awareness and appreciation. MAA supports local artists by offering a platform for them to showcase and sell their work, helping to sustain and grow the local arts scene. The art shows will bring people together, encouraging dialogue, collaboration, and a sense of shared identity among attendees, in addition to attracting visitors to the area, benefiting local businesses such as restaurants, cafes, and shops. Artwork sales benefit high school artists by providing scholarships and MAA will purchase art books for the Malibu library with excess funds which will provide learning opportunities and enhance creativity for all ages. MAA FY 2024-25
June Art Show
Type Non-profit Rate
Facility Use $906
Staffing $234
Planning TUP Application Fee
Public Works TUP Review Fee
Mailing Data and Radius Map
$342
$125
$165
Total $1,772
FY 2025-26
July, August, and September Art Shows
Type Non-profit Rate
Facility Use ($930/day) $2,790
Staffing ($243/day) $729
Planning TUP Application Fee
Public Works Review Fee
$1,026
$375
Total $4,920
2
Agenda Item # 7.A.
will enhance the visual appeal of a space at Legacy Park and inspire community pride and imagination.
A TUP is required for the summer art show series, and MAA has agreed to adhere to all the associated requirements.
ATTACHMENTS: Malibu Arts Association Financial Document 3 Malibu Art Association Financial Breakdown 2024
Income
• Membership $750
• Commissions $985.52
Total: $1,735.52
Expenses
• Insurance $713
• Webpage/Domaine $246
• Dropbox $119.88
• Malibu High School Student Scholarship $500
Total: $1,578.88
Donations Received
• Wings rescue / Red Cross $71.70
• Advertisement $200
• Music for shows $300
• Food for shows $150
• Signage for shows $53.26
Total: $774.96
4 Attachment 1
Item #7.B.
Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Trevor Rusin, Interim City Attorney
Date prepared: May 23, 2025 Meeting date: May 27, 2025
Subject: Confirmation of the Appointment of Ambassador Candace Bond as Interim City Manager and Related Interim City Manager Employment Agreement RECOMMENDED ACTION: Confirm the appointment of Ambassador Candace Bond as Interim City Manager, effective May 19, 2025, and the award of the attached Interim City Manager Employment Agreement.
FISCAL IMPACT: The costs associated with the Interim Employment Agreement are within the Council-approved budget for the City Manager position.
WORK PLAN: This item was not included in the Adopted Work Plan for Fiscal Year 2024-2025.
DISCUSSION: On May 12, 2025, the City Council met in open session and approved (1) the appointment of Ambassador Candace Bond as Interim City Manager and (2) the attached Interim City Manager employment agreement, both effective as of May 19, 2025. Due to technical difficulties with the City’s audio-visual equipment, the meeting was delayed shortly after it commenced, but the City was able to briefly get all of its equipment working during which time the meeting resumed and this item was heard. After the above actions were approved, the balance of the agenda was continued to the May 21, 2025, Adjourned Regular Meeting.
Although the City’s audio-visual equipment and Zoom were working at the time the item was heard, the actions taken are final, and Ambassador Bond has assumed the position of Interim City Manager, given the extraordinary circumstances caused by the technical issues at the meeting the City Council directed staff to bring back an item to confirm the appointment of Ambassador Candace Bond and the approval or her employment agreement.
Ambassador Bond brings a unique perspective and resources to bear in the role of Interim City Manager. Her experience is unique, and demonstrates a deep commitment to public service and her community. She is a longtime Malibu resident, living in the City for over 30 years, who previously served as the United States Ambassador to Trinidad and Tobago from November 2022 through January 2025. For her work during this time she received the Cobb Award for exemplary diplomatic service in 2023, and in 2025 was the first diplomat to be awarded the Trinidad and Tobago Hummingbird Gold medal for exemplary service, the nation’s highest civilian honor.
City Council Meeting
05-27-25
Item
7.B.
1
Item #7.B.
Prior to her service as Ambassador, she served as the CEO and founder of AESA, Inc., and has served for over two decades on the boards of significant non-profit and community organizations. She has served as a Board Member of California Head Start and as Chair-Elect of the Greater Los Angeles Education Foundation, helping to advance equity and innovation in education for over 1.4 million children and families. She also has served on the Board of the LA County Office of Education, the nation’s largest regional educational agency, and as Co-Chair of the MLK Community Development Corporation, where she led efforts to revitalize the 42-acre medical campus in Watts, transforming it into a hub for healthcare, employment and equity. In recognition of her efforts, she was named LA County Woman of the Year by the LA County Women’s Commission.
She is a graduate of Harvard College, and has a Masters in Business Administration from Harvard Business school. A copy of her CV is attached to this report.
The proposed contract includes an annual salary of $300,000, and terms that generally mirror those of the City’s prior City Manager—but does not contain a severance provision due to its interim nature. The agreement will terminate upon the appointment of a permanent city manager. A copy of the proposed agreement is attached.
The appointment of Ambassador Bond as Interim City Manager took effect simultaneous with the proposed agreement on May 19, 2025, which action is requested to be confirmed by the City Council by approving the recommended action.
ATTACHMENTS:
1. Interim City Manager Employment Agreement
2. Ambassador Candace Bond CV
3. May 12, 2025, City Council Agenda Report
2 INTERIM CITY MANAGER EMPLOYMENT AGREEMENT
This INTERIM CITY MANAGER EMPLOYMENT AGREEMENT
("Agreement") is made and entered into as of this_ day of April, 2025, by and between the CITY OF MALIBU, a California general law city and municipal corporation (hereinafter "City"), and CANDACE A. BOND, an individual (hereinafter "Employee").
RECITALS
WHEREAS, the City's City Manager position is vacant and the City is in the process of recruiting for this position;
WHEREAS, it is the desire of the City Council of the City to retain the services of Employee as Interim City Manager (pending the City's retention of a permanent City Manager) pursuant to the provisions of the City of Malibu Municipal Code, State law and the terms and conditions of this Agreement; and
WHEREAS, Employee desires to serve as the City's Interim City Manager pursuant to the provisions of the City of Malibu Municipal Code, State law and the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants hereinafter contained the parties agree as follows:
1. Appointment/Duties. Effective May 19, 2025, City appoints and employs Employee as Interim City Manager for the City of Malibu. Employee accepts employment as Interim City Manager to perform the functions and duties specified for the City Manager in the Malibu Municipal Code and the Government Code of the State of California, and to perform such other legally permissible and proper duties and functions as the City Council may assign during the term of this Agreement. The City reserves the right to amend Malibu Municipal Code Chapter 2.12, including §2.12.070 which defines City Manager functions and duties, as it deems necessary and appropriate without requiring Employee's acquiescence or requiring an amendment of this Agreement. Employee agrees to perform all such functions and duties to the best of her ability and in an efficient, competent, and ethical manner. Employee shall not consult or engage in other nonCity connected business or employment without the prior knowledge and express written approval of the City Council, which shall not be unreasonably withheld. The City Council shall act on such written request submitted to both the Council and City Attorney within 21 days or such request shall be deemed approved.
2. Term. This Agreement is effective upon execution. Subject to the terms and conditions of this Agreement, Employee shall remain in the in the position of Interim City Manager until the City retains a permanent City Manager, unless earlier terminated by either party as provided in Section 3 herein.
3. Termination and Resignation.
A. Employee understands and agrees that Employee serves at the pleasure of the City Council and is an at-will employee, and that Employee may be removed from the Interim City 65273.00400143686919.2
3 Manager position at any time, with or without cause, without any due process rights. Employee expressly waives any rights provided under the City's personnel rules, the Malibu Municipal Code, or under other local, state or federal law to any other form of pre- or post-termination hearing, appeal, or other administrative process pertaining to termination, and further covenants not to file a claim for a Chief Executive Separation Payment based on City's participation in or coverage by the Liability Program administered by the California Joint Powers Insurance Authority, as to which Employee specifically represents and agrees she is not entitled and affirmatively waives any rights thereto.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from her position with City, subject only to Employee providing twenty-one (21) days prior written notice to the City. Employee's resignation shall be deemed accepted upon delivery of a written resignation to the Mayor, or if the Mayor is unavailable, the Mayor Pro Tem.
4. Revolving Door. Employee shall comply with Government Code section 87406.3 for a period of one year after separating from service with City. This section will survive termination of this Agreement.
5. Compensation.
A. Salary. City agrees to pay Employee for the services required by this Agreement a monthly base annual salary of Three Hundred Thousand Dollars ($300,000.00) payable in installments at the same time as other employees of the City are paid.
B. Performance and Discretionary Salary Review. Employee's base salary may be reviewed by the City Council following performance evaluation. In recognition of excellent performance and based on merit, the City Council may increase Employee's base salary and/or provide a bonus in its sole discretion. Salary increases during the term of this Agreement shall not take effect until memorialized in a written amendment to this Agreement. Employee shall not be entitled to any other salary adjustments, including, but not limited to, general cost of living adjustments that may be given to other city employees.
C. Technology. City will provide for Employee's use during the term of this Agreement a cellular phone to be used primarily for City-related business. City will also provide for Employee's use a "laptop" or "tablet" computer.
D. Car Allowance. City agrees to pay Employee a monthly car allowance of Six Hundred and Twenty-Five Dollars ($625.00) per month. The car allowance is intended to reimburse Employee for the use of her private vehicle for City business. Employee must provide her own automobile for her use in performing her duties and is responsible for all maintenance, repair, fuel and insurance expenses for said vehicle.
E. Hours of Work. Employee shall generally work at City Hall when City Hall is open for business as determined by the City Council. At this time, the City of Malibu offers a 9/80 alternative work schedule; however, the City Council reserves the right in its discretion to modify the 9/80 work schedule. Nothing in this Agreement entitles Employee to a different work schedule 65273.00400143686919.2
4 such as a four-day work week. In addition, Employee's duties may involve expenditures of time in excess of 40 hours per week and will also include time outside normal office hours such as attendance at City Council and other meetings. Employee shall be exempt from paid overtime compensation and from Fair Labor Standard Act work hours restrictions and may modify her schedule within reason to adjust for attendance at meetings at night and during other times outside of ordinary business hours.
6. Retirement and Insurance Benefits.
A. Retirement. Employee is entitled to membership in the Public Employees Retirement System in accordance with the terms of the City's contract with PERS and, subject to PERS confirmation, Employee's PERS plan formula is 2% at 62. Employee must contribute and bear the full cost of the Employee's portion of PERS membership, which is currently at least 7.25%.
B. Medical Insurance. City shall pay the monthly premiums for full medical (up to the PERS Platinum health plan level), as well as full dental and vision insurance for Employee and her dependents.
C. Life Insurance. City shall pay the premium for a term life insurance policy with coverage not more than $400,000.
D. Disability Insurance. City shall provide short and long term disability insurance for Employee's benefit.
E. All other insurance at Employee's expense. At her sole expense, Employee may elect to participate in other insurance benefits offered by the City. Employee expressly agrees that the City shall not be responsible for the cost of any such insurance or benefits with the exception of insurance mandated by State law. Employee understands that the City does not offer and, in any event, by this Agreement, she is not entitled to cash in lieu of insurance benefits.
7. Sick Leave, Vacation, Administrative Leave, and Holidays.
A. Sick Leave. Employee shall earn ninety-six (96) hours of sick leave per fiscal year, with forty (40) hours available upon execution of this Agreement. Employee may accumulate a maximum of four hundred eighty (480) hours of sick leave. Sick leave shall be used only in case of sickness or disability of Employee or a member of her immediate family, or as otherwise allowed by State law. In the event of termination or resignation from employment, Employee shall be entitled to compensation for 50% of accumulated and unused sick leave, up to the maximum set forth above.
B. Vacation. Employee shall be entitled to earn vacation leave at the rate of 6.15385 hours per pay period (consistent with the accrued rate for an employee with ten (10) years of service) with eighty (80) hours available upon execution of this Agreement. Employee may accumulate vacation days up to a maximum of four hundred eighty (480) hours. In the event of termination or resignation, Employee shall be entitled to compensation for 100% of accumulated and unused vacation days.
65273.00400143686919.2
5 C. Holidays. Employee shall be entitled to the same paid holidays as provided to other City employees and authorized by the Malibu Municipal Code.
8. Professional Memberships. If requested, City agrees to pay Employee's membership dues in the International City/County Manager's Association and the California City Management Association. Employee shall have a reasonable right to attend meetings of such organizations.
9. General Expenses. City recognizes that certain expenses of a non-personal and job affiliated nature may be incurred by Employee. City agrees to reimburse Employee for reasonable expenses that are submitted within 30 days for approval and that are supported by expense receipts, statements or personal affidavits, and an audit thereof in like manner as other demands against the City.
10. Evaluation of Performance. The City Council may evaluate Employee and provide her with a written evaluation at any time.
11. Other Terms and Conditions of Employment. The City Council may from time to time fix other terms and conditions of employment relating to the performance of Employee provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Malibu Municipal Code, or other applicable law.
12. Assembly Bill 1344 Compliance. To the extent City provides: (i) paid leave to Employee pending an investigation; or (ii) funds for the legal criminal defense of the Employee, Employee shall fully reimburse the City for any and all amounts paid by the City which tall within subsections 1) through 11) of this section in the event that the Employee is convicted of a crime involving the abuse of her office or position.
13. General Provisions.
A. The text herein shall constitute the entire agreement between the parties.
B. If any provision or portion hereof contained in this Agreement is held to be unconstitutional, invalid or unenforceable the remainder of this Agreement or portion thereof shall be deemed severable and shall not be affected and shall remain in full force and effect provided that the principal purposes of the Agreement are not thereby frustrated.
C. City shall bear the cost of any fidelity or other bonds required of Employee under any law or ordinance.
D. This Agreement may be changed or amended by the mutual written consent of City and Employee.
E. Employee is expected to conform to the ICMA Code of Ethics and must comply with all applicable provisions of the City's conflict of interest code.
F. In the event of a dispute in the interpretation or application of the provisions of this Agreement, the parties agree to consider utilization of alternative dispute resolution prior to initiating litigation.
65273.00400143686919.2
6 IN WITNESS WHEREOF the parties have executed this Agreement as of the day and year first above written.
CITY OF MALIBU,
a general law city.
Marianne Riggins, Mayor
ATTEST:
Kelsey Pettijohn
APPROVED AS TO FORM:
Trevor Rusin, Interim City Attorney
65273.00400\436869 I 9.2
CANDACE A. BOND,
an individual.
���-/-
Candace A. Bond l.:..,;,
7 8
9 10
11
Item #7.C.
Supplemental
Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Trevor Rusin, Interim City Attorney
Date prepared: May 9, 2025 Meeting date: May 12, 2025
Subject: Appointment of Ambassador Candace Bond as Interim City Manager and Related Interim City Manager Employment Agreement
RECOMMENDED ACTION: Appoint Ambassador Candace Bond as Interim City Manager, effective May 19, 2025, and authorize the Mayor to sign the attached Interim City Manager Employment Agreement.
FISCAL IMPACT: The costs associated with the Interim Employment Agreement are within the Council-approved budget for the City Manager position.
WORK PLAN: This item was not included in the Adopted Work Plan for Fiscal Year 2024--2025.
DISCUSSION:
On April 30, 2025, the City Council met in closed session to consider the appointment of an Interim City Manager, and directed the City Attorney to negotiate the attached agreement with Ambassador Candace Bond and bring forward this item.
Ambassador Bond brings a unique perspective and resources to bear in the role of Interim City Manager. Her experience is unique, and demonstrates a deep commitment to public service and her community. She is a longtime Malibu resident, living in the City for over 30 years, who previously served as the United States Ambassador to Trinidad and Tobago from November 2022 through January 2025. For her work during this time she received the Cobb Award for exemplary diplomatic service in 2023, and in 2025 was the first diplomat to be awarded the Trinidad and Tobago Hummingbird Gold medal for exemplary service, the nation’s highest civilian honor.
Prior to her service as Ambassador, she served as the CEO and founder of AESA, Inc., and has served for over two decades on the boards of significant non-profit and community organizations. She has served as a Board Member of California Head Start and as Chair-Elect of the Greater Los Angeles Education Foundation, helping to advance equity and innovation in City Council Meeting
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education for over 1.4 million children and families. She also has served on the Board of the LA County Office of Education, the nation’s largest regional educational agency, and as Co-Chair of the MLK Community Development Corporation, where she led efforts to revitalize the 42-acre medical campus in Watts, transforming it into a hub for healthcare, employment and equity. In recognition of her efforts, she was named LA County Woman of the Year by the LA County Women’s Commission.
She is a graduate of Harvard College, and has a Masters in Business Administration from Harvard Business school. A copy of her CV is attached to this report.
The proposed contract includes an annual salary of $300,000, and terms that generally mirror those of the City’s prior City Manager—but does not contain a severance provision due to its interim nature. The agreement will terminate upon the appointment of a permanent city manager. A copy of the proposed agreement is attached.
The appointment of Ambassador Bond as Interim City Manager, if approved, will take effect simultaneous with the proposed agreement on May 19, 2025.
ATTACHMENTS:
1. Interim City Manager Employment Agreement
2. Ambassador Candace Bond CV
132
INTERIM CITY MANAGER EMPLOYMENT AGREEMENT
This INTERIM CITY MANAGER EMPLOYMENT AGREEMENT
("Agreement") is made and entered into as of this_ day of April, 2025, by and between the CITY OF MALIBU, a California general law city and municipal corporation (hereinafter "City"), and CANDACE A. BOND, an individual (hereinafter "Employee").
RECITALS
WHEREAS, the City's City Manager position is vacant and the City is in the process of recruiting for this position;
WHEREAS, it is the desire of the City Council of the City to retain the services of Employee as Interim City Manager (pending the City's retention of a permanent City Manager) pursuant to the provisions of the City of Malibu Municipal Code, State law and the terms and conditions of this Agreement; and
WHEREAS, Employee desires to serve as the City's Interim City Manager pursuant to the provisions of the City of Malibu Municipal Code, State law and the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants hereinafter contained the parties agree as follows:
1. Appointment/Duties. Effective May 19, 2025, City appoints and employs Employee as Interim City Manager for the City of Malibu. Employee accepts employment as Interim City Manager to perform the functions and duties specified for the City Manager in the Malibu Municipal Code and the Government Code of the State of California, and to perform such other legally permissible and proper duties and functions as the City Council may assign during the term of this Agreement. The City reserves the right to amend Malibu Municipal Code Chapter 2.12, including §2.12.070 which defines City Manager functions and duties, as it deems necessary and appropriate without requiring Employee's acquiescence or requiring an amendment of this Agreement. Employee agrees to perform all such functions and duties to the best of her ability and in an efficient, competent, and ethical manner. Employee shall not consult or engage in other nonCity connected business or employment without the prior knowledge and express written approval of the City Council, which shall not be unreasonably withheld. The City Council shall act on such written request submitted to both the Council and City Attorney within 21 days or such request shall be deemed approved.
2. Term. This Agreement is effective upon execution. Subject to the terms and conditions of this Agreement, Employee shall remain in the in the position of Interim City Manager until the City retains a permanent City Manager, unless earlier terminated by either party as provided in Section 3 herein.
3. Termination and Resignation.
A. Employee understands and agrees that Employee serves at the pleasure of the City Council and is an at-will employee, and that Employee may be removed from the Interim City 65273.00400143686919.2 Attachment 1
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Manager position at any time, with or without cause, without any due process rights. Employee expressly waives any rights provided under the City's personnel rules, the Malibu Municipal Code, or under other local, state or federal law to any other form of pre- or post-termination hearing, appeal, or other administrative process pertaining to termination, and further covenants not to file a claim for a Chief Executive Separation Payment based on City's participation in or coverage by the Liability Program administered by the California Joint Powers Insurance Authority, as to which Employee specifically represents and agrees she is not entitled and affirmatively waives any rights thereto.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from her position with City, subject only to Employee providing twenty-one (21) days prior written notice to the City. Employee's resignation shall be deemed accepted upon delivery of a written resignation to the Mayor, or if the Mayor is unavailable, the Mayor Pro Tem.
4. Revolving Door. Employee shall comply with Government Code section 87406.3 for a period of one year after separating from service with City. This section will survive termination of this Agreement.
5. Compensation.
A. Salary. City agrees to pay Employee for the services required by this Agreement a monthly base annual salary of Three Hundred Thousand Dollars ($300,000.00) payable in installments at the same time as other employees of the City are paid.
B. Performance and Discretionary Salary Review. Employee's base salary may be reviewed by the City Council following performance evaluation. In recognition of excellent performance and based on merit, the City Council may increase Employee's base salary and/or provide a bonus in its sole discretion. Salary increases during the term of this Agreement shall not take effect until memorialized in a written amendment to this Agreement. Employee shall not be entitled to any other salary adjustments, including, but not limited to, general cost of living adjustments that may be given to other city employees.
C. Technology. City will provide for Employee's use during the term of this Agreement a cellular phone to be used primarily for City-related business. City will also provide for Employee's use a "laptop" or "tablet" computer.
D. Car Allowance. City agrees to pay Employee a monthly car allowance of Six Hundred and Twenty-Five Dollars ($625.00) per month. The car allowance is intended to reimburse Employee for the use of her private vehicle for City business. Employee must provide her own automobile for her use in performing her duties and is responsible for all maintenance, repair, fuel and insurance expenses for said vehicle.
E. Hours of Work. Employee shall generally work at City Hall when City Hall is open for business as determined by the City Council. At this time, the City of Malibu offers a 9/80 alternative work schedule; however, the City Council reserves the right in its discretion to modify the 9/80 work schedule. Nothing in this Agreement entitles Employee to a different work schedule 65273.00400143686919.2
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such as a four-day work week. In addition, Employee's duties may involve expenditures of time in excess of 40 hours per week and will also include time outside normal office hours such as attendance at City Council and other meetings. Employee shall be exempt from paid overtime compensation and from Fair Labor Standard Act work hours restrictions and may modify her schedule within reason to adjust for attendance at meetings at night and during other times outside of ordinary business hours.
6. Retirement and Insurance Benefits.
A. Retirement. Employee is entitled to membership in the Public Employees Retirement System in accordance with the terms of the City's contract with PERS and, subject to PERS confirmation, Employee's PERS plan formula is 2% at 62. Employee must contribute and bear the full cost of the Employee's portion of PERS membership, which is currently at least 7.25%.
B. Medical Insurance. City shall pay the monthly premiums for full medical (up to the PERS Platinum health plan level), as well as full dental and vision insurance for Employee and her dependents.
C. Life Insurance. City shall pay the premium for a term life insurance policy with coverage not more than $400,000.
D. Disability Insurance. City shall provide short and long term disability insurance for Employee's benefit.
E. All other insurance at Employee's expense. At her sole expense, Employee may elect to participate in other insurance benefits offered by the City. Employee expressly agrees that the City shall not be responsible for the cost of any such insurance or benefits with the exception of insurance mandated by State law. Employee understands that the City does not offer and, in any event, by this Agreement, she is not entitled to cash in lieu of insurance benefits.
7. Sick Leave, Vacation, Administrative Leave, and Holidays.
A. Sick Leave. Employee shall earn ninety-six (96) hours of sick leave per fiscal year, with forty (40) hours available upon execution of this Agreement. Employee may accumulate a maximum of four hundred eighty (480) hours of sick leave. Sick leave shall be used only in case of sickness or disability of Employee or a member of her immediate family, or as otherwise allowed by State law. In the event of termination or resignation from employment, Employee shall be entitled to compensation for 50% of accumulated and unused sick leave, up to the maximum set forth above.
B. Vacation. Employee shall be entitled to earn vacation leave at the rate of 6.15385 hours per pay period (consistent with the accrued rate for an employee with ten (10) years of service) with eighty (80) hours available upon execution of this Agreement. Employee may accumulate vacation days up to a maximum of four hundred eighty (480) hours. In the event of termination or resignation, Employee shall be entitled to compensation for 100% of accumulated and unused vacation days.
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C. Holidays. Employee shall be entitled to the same paid holidays as provided to other City employees and authorized by the Malibu Municipal Code.
8. Professional Memberships. If requested, City agrees to pay Employee's membership dues in the International City/County Manager's Association and the California City Management Association. Employee shall have a reasonable right to attend meetings of such organizations.
9. General Expenses. City recognizes that certain expenses of a non-personal and job affiliated nature may be incurred by Employee. City agrees to reimburse Employee for reasonable expenses that are submitted within 30 days for approval and that are supported by expense receipts, statements or personal affidavits, and an audit thereof in like manner as other demands against the City.
10. Evaluation of Performance. The City Council may evaluate Employee and provide her with a written evaluation at any time.
11. Other Terms and Conditions of Employment. The City Council may from time to time fix other terms and conditions of employment relating to the performance of Employee provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Malibu Municipal Code, or other applicable law.
12. Assembly Bill 1344 Compliance. To the extent City provides: (i) paid leave to Employee pending an investigation; or (ii) funds for the legal criminal defense of the Employee, Employee shall fully reimburse the City for any and all amounts paid by the City which tall within subsections 1) through 11) of this section in the event that the Employee is convicted of a crime involving the abuse of her office or position.
13. General Provisions.
A. The text herein shall constitute the entire agreement between the parties.
B. If any provision or portion hereof contained in this Agreement is held to be unconstitutional, invalid or unenforceable the remainder of this Agreement or portion thereof shall be deemed severable and shall not be affected and shall remain in full force and effect provided that the principal purposes of the Agreement are not thereby frustrated.
C. City shall bear the cost of any fidelity or other bonds required of Employee under any law or ordinance.
D. This Agreement may be changed or amended by the mutual written consent of City and Employee.
E. Employee is expected to conform to the ICMA Code of Ethics and must comply with all applicable provisions of the City's conflict of interest code.
F. In the event of a dispute in the interpretation or application of the provisions of this Agreement, the parties agree to consider utilization of alternative dispute resolution prior to initiating litigation.
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IN WITNESS WHEREOF the parties have executed this Agreement as of the day and year first above written.
CITY OF MALIBU,
a general law city.
Marianne Riggins, Mayor
ATTEST:
Kelsey Pettijohn
APPROVED AS TO FORM:
Trevor Rusin, Interim City Attorney
65273.00400\436869 I 9.2
CANDACE A. BOND,
an individual.
���-/-
Candace A. Bond l.:..,;,
187
Attachment 2
198
209
1021
1122