Malibu City Council
November 10, 2025

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related to the conduct of your business.

However, any "auto" that is leased, hired,
rented or borrowed with a driver is not a
covered "auto".

D. EMPLOYEES AS INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II – COVERED AUTOS
LIABILITY COVERAGE:

Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs.

E. SUPPLEMENTARY PAYMENTS – INCREASED
LIMITS

1. The following replaces Paragraph A.2.a.(2),
of SECTION II – COVERED AUTOS LIABILITY COVERAGE:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish
these bonds.

2. The following replaces Paragraph A.2.a.(4),
of SECTION II – COVERED AUTOS LIABILITY COVERAGE:
(4) All reasonable expenses incurred by the
"insured" at our request, including actual
loss of earnings up to $500 a day because of time off from work.

F. HIRED AUTO – LIMITED WORLDWIDE COVERAGE – INDEMNITY BASIS The following replaces Subparagraph (5) in Paragraph B.7., Policy Period, Coverage Territory, of SECTION IV – BUSINESS AUTO CONDITIONS:
(5) Anywhere in the world, except any country or
jurisdiction while any trade sanction, embargo, or similar regulation imposed by the United States of America applies to and prohibits the transaction of business with or within such country or jurisdiction, for Covered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow
without a driver for a period of 30 days or less
and that is not an "auto" you lease, hire, rent
or borrow from any of your "employees",
partners (if you are a partnership), members
(if you are a limited liability company) or
members of their households.
(a) With respect to any claim made or "suit"
brought outside the United States of
America, the territories and possessions
of the United States of America, Puerto
Rico and Canada:
(i) You must arrange to defend the "insured" against, and investigate or settle any such claim or "suit" and keep us advised of all proceedings and actions.
(ii) Neither you nor any other involved
"insured" will make any settlement
without our consent.
(iii) We may, at our discretion, participate
in defending the "insured" against, or
in the settlement of, any claim or
"suit".
(iv) We will reimburse the "insured" for
sums that the "insured" legally must
pay as damages because of "bodily
injury" or "property damage" to which
this insurance applies, that the "insured" pays with our consent, but only up to the limit described in Paragraph C., Limits Of Insurance, of SECTION II – COVERED AUTOS
LIABILITY COVERAGE.
(v) We will reimburse the "insured" for
the reasonable expenses incurred
with our consent for your investigation of such claims and your defense of the "insured" against any such
"suit", but only up to and included
within the limit described in Paragraph C., Limits Of Insurance, of SECTION II – COVERED AUTOS
LIABILITY COVERAGE, and not in
addition to such limit. Our duty to
make such payments ends when we
have used up the applicable limit of
insurance in payments for damages,
settlements or defense expenses.
(b) This insurance is excess over any valid
and collectible other insurance available
to the "insured" whether primary, excess,
contingent or on any other basis.
(c) This insurance is not a substitute for required or compulsory insurance in any country outside the United States, its territories and possessions, Puerto Rico and Canada.

COMMERCIAL AUTO
CA T3 53 02 15 Page 3 of 4
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compulsory insurance in any such country up to the minimum limits required by local law. Your failure to comply with
compulsory insurance requirements will
not invalidate the coverage afforded by
this policy, but we will only be liable to the
same extent we would have been liable
had you complied with the compulsory insurance requirements. (d) It is understood that we are not an admitted or authorized insurer outside the United States of America, its territories
and possessions, Puerto Rico and Canada. We assume no responsibility for the furnishing of certificates of insurance, or
for compliance in any way with the laws
of other countries relating to insurance.

G. WAIVER OF DEDUCTIBLE – GLASS
The following is added to Paragraph D., Deductible, of SECTION III – PHYSICAL DAMAGE COVERAGE:

No deductible for a covered "auto" will apply to
glass damage if the glass is repaired rather than
replaced.

H. HIRED AUTO PHYSICAL DAMAGE – LOSS OF
USE – INCREASED LIMIT
The following replaces the last sentence of Paragraph A.4.b., Loss Of Use Expenses, of SECTION III – PHYSICAL DAMAGE COVERAGE:

However, the most we will pay for any expenses
for loss of use is $65 per day, to a maximum of
$750 for any one "accident".

I. PHYSICAL DAMAGE – TRANSPORTATION
EXPENSES – INCREASED LIMIT
The following replaces the first sentence in Paragraph A.4.a., Transportation Expenses, of SECTION III – PHYSICAL DAMAGE COVERAGE:

We will pay up to $50 per day to a maximum of
$1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type.

J. PERSONAL PROPERTY
The following is added to Paragraph A.4., Coverage Extensions, of SECTION III – PHYSICAL DAMAGE COVERAGE:

Personal Property
We will pay up to $400 for "loss" to wearing apparel and other personal property which is:
(1) Owned by an "insured"; and
(2) In or on your covered "auto".

This coverage applies only in the event of a total
theft of your covered "auto".

No deductibles apply to this Personal Property
coverage.

K. AIRBAGS
The following is added to Paragraph B.3., Exclusions, of SECTION III – PHYSICAL DAMAGE COVERAGE:

Exclusion 3.a. does not apply to "loss" to one or
more airbags in a covered "auto" you own that inflate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but
only:
a. If that "auto" is a covered "auto" for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated.

We will pay up to a maximum of $1,000 for any
one "loss".

L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The following is added to Paragraph A.2.a., of
SECTION IV – BUSINESS AUTO CONDITIONS:

Your duty to give us or our authorized representative prompt notice of the "accident" or "loss" applies only when the "accident" or "loss" is known to:
(a) You (if you are an individual);
(b) A partner (if you are a partnership);
(c) A member (if you are a limited liability company); (d) An executive officer, director or insurance
manager (if you are a corporation or other organization); or (e) Any "employee" authorized by you to give notice of the "accident" or "loss".

M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A.5., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV – BUSINESS AUTO CONDITIONS :

5. Transfer Of Rights Of Recovery Against
Others To Us
We waive any right of recovery we may have
against any person or organization to the extent required of you by a written contract signed and executed prior to any "accident"
or "loss", provided that the "accident" or "loss"
arises out of operations contemplated by
M. BLANKET WAIVER OF SUBROGATION

COMMERCIAL AUTO

,QFOXGHVFRS\ULJKWHGPDWHULDORI,QVXUDQFH6HUYLFHV2IILFH,QFZLWKLWVSHUPLVVLRQ such contract. The waiver applies only to the
person or organization designated in such
contract.

N. UNINTENTIONAL ERRORS OR OMISSIONS
The following is added to Paragraph B.2., Concealment, Misrepresentation, Or Fraud, of SECTION IV – BUSINESS AUTO CONDITIONS:

The unintentional omission of, or unintentional
error in, any information given by you shall not
prejudice your rights under this insurance. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal.

COMMERCIAL AUTO
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This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

PROVISIONS

1. The following is added to Paragraph A.1.c., Who
Is An Insured, of SECTION ll – COVERED
AUTOS LIABILITY COVERAGE:

This includes any person or organization who you
are required under a written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury" or "property damage" occurs and
that is in effect during the policy period, to name
as an additional insured for Covered Autos
Liability Coverage, but only for damages to which
this insurance applies and only to the extent of
that person's or organization's liability for the
conduct of another "insured".

2. The following is added to Paragraph B.5., Other
Insurance of SECTION IV – BUSINESS AUTO
CONDITIONS:

Regardless of the provisions of paragraph a. and
paragraph d. of this part 5. Other Insurance, this
insurance is primary to and non-contributory with
applicable other insurance under which an
additional insured person or organization is the
first named insured when the written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury" or "property damage" occurs and
that is in effect during the policy period, requires
this insurance to be primary and non-contributory.

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COMM RCIAL E ERAL IAB LITY E GN L I
c. Meth d O h rin a. o fS a g The sta e e t in th a e t m ns e r a cura e a d co p e e c t n mlt; If a l o the o he i sura ce pe m t co t i ut o l f t r n n r is nrb i n by e u l sha e , w i l fo l w t i m t o l o q a r s ewl lo hs eh das . b. Tho e sta e e ts a e ba e upo s tmn r sd n Und r th s e ch in ure co t i ut s re re e t ti n y u e i a s r n r b e p s n a o s o a e to us; n md ad e ua a o n s unt l it ha pa d it a pl ca l q l m u t i s i s p i be c. We ha e i sue th s po i y i re i n e up n v s d i lc n la c o l m t o in ura ce o no e o th l ss re a ns, i i f s n r n f eo mi y ur e re e ta i ns. o r p s n to The uni te ti n l o i sio o , o uni t n i na e ro n n o a ms n f r ne to l r r If a y o th o h r i sura ce do s no pe m t n f e te n n e t r i i , a y i f rm ti n pro i e by y u whi h we re i d n n n o a o vd d o c le co tr bu i n by e u l sha e , we wi l co t i ut n i to q a r s l nrb e up n i issui g th s po i y wi l no pre u i e y u o n n i lc l t j dc o r by l m t . Und r th s m t o , e ch i sure 's i is e i eh d a n r ri ht unde th s in ura ce Ho e e , thi pro i i n g s r i s n . w v r s vso sha e is ba e o the ra i o i s a p i a l i i r s d n to f t p lc belmt do s no a f ct o r ri h to co l ct a di i n l e t f e u g t le d to a o in ura ce to th to a a pl ca l li i s o f s n e t l p i be mt f pre i m o to e e ci e o r rig t o ca ce l t o o mu r x r s u hs f n lai n r i sura ce o l nsure s. n n fali r no re e a i cco d nce w t pp i a l n ura ce n n w l na r a iha lc bei s n d P i a y And No -Co trib t ry In u an e If . rm r n n uo s r c l ws o e ul t o s. a rr g ai n Req i ed B Wri te o trac ur y t nC n t 7. Se arat o f n u ed p i nO I s r s If y u spe i i a l a re i a wri t n co t a t o o cfc ly g e n te nr c r Ex e t wi h re pe t to the Li i s o In ura ce a d c p t s c mt f s n , n a re m nt tha the i sura ce a fo d d to a g e e t n n f re n a y ri h s o du i s a sig e i th s n g t r te s n d n i i sure un e hi Co e a e Pa t m st p l n n d d rt s v r g r u a pyo Co e a e Pa t to the fi st Na e Insure , th s vrg r r md d i a pri a y ba i , o a pri a y a d no - m r ss r m r n n i sura ce a pl e : n n p is co tr bu o y ba is, th s i sura ce is pri a y to ni tr s i n n mr a. As i e ch Na e In ure we e the o l f a m d s d r ny o h r in ura ce th t i a a l bl o t e s n a s v ia et Na e n ure ; nd m dI s d a whi h o e s such n ure a a n m d i sure , c cvr is d s a e n d a d we wil no sha e wi h th t o h r in ura ce n l t r t a te s n , b. Se a a e y to e ch in ure a a n t who cl i p r t l a s d g i s m am pro i e ha : i m d o "sui " i b o g t s a e r t s r u h. vd d t t (1) The "bo i y i j ry o "pro e ty da a e fo dl nu " r p r m g " r 8. Tra sfe O i h s O e o ery Ag i s t ers n r fRg t fR c v an tOh whi h co e a e i so gh o cur ; nd c vrg s u t c sa To Us (2) The "pe so a a d a v rt sin i j ry fo r n l n d e i g nu " r If the i sure ha ri h s to re o e a l o pa t o a y n d s gt cvr l r r f n whi h co e a e is so gh i ca se by a pa m n we ha e m d unde thi Co e a e Pa t y e t v a e r s v r g r, c vrg u t s u d n o fe se t a i co m t e ; f n h t s m it d th se ri ht a e tra sfe re t us. he i sure ust o g s r n r d o T n dm do no h ng a te l ss to i p i th m At o r re u st, t i f r o m ar e . u q e subse u nt to the si n ng o tha co tr ct o qe gi f t na r th i sure wi l bri g "sui " o tra sfe tho e ri h s en d l n t r n r s gt a re m nt by y u g e e o. to us a d h l s e f rce t e . n epu no h m 5. P e i m Au i r mu dt 9. Wh n We D N t en w e o oR e a. We wi l co p t a l p e i m f r h s Co e a e l m ue l r mu s o t i v r g If we d ci e n t o r n w h s Co e a e P rt e wi l e d o t e e t i v r g a ,w l Pa t i cco d nce w t ur u e a d a e . r na r a iho r l s n r t s m i o de i e to th fi st Na e In ure sho n in al r lv r e r m d s d w b. Pre i m sho n in th s Co e a e Pa t a mu w i v r g r s th De l ra i n wri te no i e o the no r n wa e ca to s t n tc f ne e l a v nce pre i m i a de o i pr m um o l . A d a mu s p st e i ny t no l ss th n 0 da s be o e t e e pi a i n da e t e a 3 y f r h x r to t . th clo e o e ch a d t pe i d we wi l co p t e s f a u i ro l m ue If no i e is m i e , pro f o m i i g wi l be suffi i n tc al d o f aln l ce t th e rn d pre i m fo th t pe i d a d se d e a e mu r a ro n n pro f f o i e o o n tc . no i e t th fi st Na e I sure . The du da e tc o e r m d n d e t fo a di a d re ro pe ti e p e i m i t e d t r u t n t s c v r mu s s h ae SE TI N V – D F N T O S C O EIII N shown as the due date on the bill. If the sum of Ad e t se e t" m a s a no i e th t s br a ca t o 1. " v ri m n e n tc a i o d s r the advance and audit premiums paid for the k t pu l she to the ge e a pub i o spe i i m r bi d n r l lc r cfc a e po i y pe i d is gre te tha the e rn d lc ro a r n a e se m nt a o t y ur go ds, pro u ts o ser i e g e s b u o o d c r vc s premium, we will return the excess to the first fo th purp se o a t a g custo e s o r e o f tr m r r Na e nsure . supp rt r . o h p r o e o hi de i i i n m dI d o es F rt e up s s ft s fnto :
c. The fi st Na e In ure m st k e re o d o r md s d u ep crs f a. No i e th t a e publ she i cl de m t r a tc s a r i d n u aei l th in o m t o we ne d fo pre i m pl ce o the Int rn t o o e f r a i n e r m u a d n e e r n sim l r ia co p t ti n a d se d us co i s a such t m s m ua o , n n pe t i e m a s o co m ni a i n; a d e n f m u c to n a we m y re u st. s a qe b. Re a di g we sit s, o l tha pa t o a we si e g r n b e ny t r f b t

6. Rep es n ati n r et os th t is a o t y u go d , pro u ts o se v ce a bu or os dc r ri s By ti g t i p l cy o gre : p n hs oi ,y ua e fo th pur o e o a t a custo e s o r e p s s f tr m r r supp rt r i co si e e a a v rt se e t o es s n d r d n d e i m n.

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Policy No. 6309X536394
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7. Se arat o f n u ed p i nO I s r s arat o f n u ed

COMMERCIAL GENERAL LIABILITY
occupational therapist or occupational that is available to any of your "employees" therapy assistant, physical therapist or for "bodily injury" that arises out of providing speech-language pathologist; or or failing to provide "incidental medical services" to any person to the extent not (b) First aid or "Good Samaritan services" subject to Paragraph of Section – 2.a.(1) II by any of your "employees" or "volunteer Who Is An Insured. workers", other than an employed or volunteer doctor. Any such "employees" K. MEDICAL PAYMENTS – INCREASED LIMIT or "volunteer workers" providing or failing The following replaces Paragraph of 7. to provide first aid or "Good Samaritan SECTION III – LIMITS OF INSURANCE: services" during their work hours for you will be deemed to be acting within the 7. 5. Subject to Paragraph above, the Medical scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage for all medical expenses C of your business. because of "bodily injury" sustained by any

3. The following replaces the last sentence of one person, and will be the higher of:

Paragraph of 5. SECTION III – LIMITS OF a. $10,000; or INSURANCE:
b. The amount shown in the Declarations of For the purposes of determining the this Coverage Part for Medical Expense applicable Each Occurrence Limit, all related Limit. acts or omissions committed in providing or failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION – PROFESSIONAL LIABILITY services" to any one person will be deemed The following is added to Paragraph , 4.b. to be one "occurrence".

Excess Insurance SECTION IV – , of 4. The following exclusion is added to COMMERCIAL GENERAL LIABILITY Paragraph , , of 2. Exclusions SECTION I – CONDITIONS:

COVERAGES – COVERAGE A – BODILY
This insurance is excess over any of the other INJURY AND PROPERTY DAMAGE insurance, whether primary, excess, contingent LIABILITY:
or on any other basis, that is Professional Sale Of Pharmaceuticals Liability or similar coverage, to the extent the "Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage or Coverage . AB ordinance relating to the sale of M. BLANKET WAIVER OF SUBROGATION – pharmaceuticals committed by, or with the WHEN REQUIRED BY WRITTEN CONTRACT knowledge or consent of the insured. OR AGREEMENT

5. DEFINITIONS The following is added to the
Section: The following is added to Paragraph , 8. Transfer Of Rights Of Recovery Against Others To Us, "Incidental medical services" means: of SECTION IV – COMMERCIAL GENERAL a. Medical, surgical, dental, laboratory, x- LIABILITY CONDITIONS:
ray or nursing service or treatment, If the insured has agreed in a written contract or advice or instruction, or the related agreement to waive that insured's right of furnishing of food or beverages; or recovery against any person or organization, we b. The furnishing or dispensing of drugs or waive our right of recovery against such person medical, dental, or surgical supplies or or organization, but only for payments we make appliances. because of:

6. 4.b. The following is added to Paragraph , a. "Bodily injury" or "property damage" that Excess Insurance SECTION IV – , of occurs; or COMMERCIAL GENERAL LIABILITY CONDITIONS: b. "Personal and advertising injury" caused by an offense that is committed; This insurance is excess over any valid and collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement.

CG D3 79 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Policy No. 6309X536394

BY WRITTEN CONTRACT

ORAGREEMENT

WHEN REQUIRED
M. BLANKET WAIVER OF SUBROGATION

COMMERC GENERAL L ITY IAL IABIL
POLICY : ISSUE D : NUMBER ATE
THIS ENDORSEMENT CHA OLICY. PLEASE READ I EFULLY NGES THE P T CAR

DESIGNATED PROJECT(S)

GENERAL AGGREGATE LIMIT
This endorsement i ies insurance pro ided under t fol mod f v he lowing:

COMMERC GENERAL L ITY VERA A IAL IABIL CO GE P RT

SCHEDULE
Designated ject Pro
Designated Pro General Aggregate(s): ject(s):

A. 3. COVERAGE A. For al sums which the insured becomes legal Any payments made under l ly obligated to pay as damages caused by "occur- for da or under for mages COVERAGE C. rences" under , and med e shall reduce the Desi COVERAGE A. (SECT I ION ) ical xpenses gfor al med e s caused by accidents un- nated Projec General Aggregate L m for l ical xpense t i it der , which can be that designated "project". Such payments COVERAGE C (SEC I I) T ON attr only to operations at a single desig- shall not reduce the General Aggregate Lim ibuted it nated "project shown in the Schedule abo e: "v shown in the Declarat nor shall they re- ions duce any other Designated Pro General ject 1. A separate Designated Project General Ag- Aggregate Li it fo any other designated m r gregate Li it app designated "pro- m lies to each "project" n in the dule abo e. show Sche v ject" and that l m is equal to the amount of , i it the General Aggregate Li t shown in the The l m shown in the Declarations for mi i its 4. Each Declarat unless separate ions, Designated Occurrence, Damage T Premises Re o nted Project General Ag T Yo and Me Expe gregate(s) o u dical nse are sche continue to duled abo . ve apply. Howe instead o be subject to ver, f ing the General Aggregate Li t shown in the mi 2. The Designated Project General Aggregate Li it is the most we will pay for the sum o al m f l Declarat such li its will be subject to the ions, m applicab Designated Project General Ag- le damages under , except COVERAGE A. gregate Li it m. damages because of "bodil in " or "prop- y jury erty damage inc in the "products- For al sums which the insured becomes legal " luded l ly B. comp operations hazard , and for med obligated to pay as damages caused by "occur- leted " ical expenses under , regar rences" under , and COVERAGE C COVERAGE A. (SECT I d- ION ) less of the o number f: for al med e s caused by accidents un- l ical xpense der , which cannot COVERAGE C. (SEC ON I) TI a. Insureds; be attribu only to operations at a sing desi ted le g- b. Clai made or "suits" brought; or ms nated "project shown in the Schedule abo e: "v c. Persons or organizations m ing cla ms ak i
or bringing "suits".

CG D2 11 01 04 Copyright, Tra elers Inde ity mpany, 2004 Page 1 o The v mn Co f 2 6309X536394

COMMERC GENERAL L ITY IAL IABIL

1. COVERAGE A. Any payments made under v ded, any pa ments for da because of i y mages for da or under for "bodily injury or "property damage" in mages " COVERAGE C. med e shall reduce the amount the "products-comp o erat hazard" will ical xpenses leted p ions a ilab under the General Aggregate Lim reduce the Products Comp Operat Ag- va le it - leted ions or the Products Completed Operat Ag- gregate Li t, and not reduce the General Aggre- - ions mi gregate Li it ver is applic b m , whiche a le; and gate Li it nor the Designated Pro General m ject Aggregate Li it m. 2. Such payments shall not reduce any Designated Projec General Aggregate L m . t i it E. Defi i- For the purposes of this endorsement the n tio Sectio ns n is amended by the addit of the ion C. 2. SEC ION I – LI T OF Part of T II MI S INSURANCE fo lowing def it l in ion: is deleted and rep fo laced by the llowing:

2. The General Aggregate Li i is the most we m t "Projec " means an area away fro pre ises t m m owned by or rented to you at which you are per- will for o : pay the sum f for ing oper t pursuant to a contract or m a ions a. Coverage B Damages under ; and agreement. For the purposes of deter ing the min b. Damages f m "occurrences" under applicab aggregate li t o insurance, each ro le mi f COVERAGE A (SECT I) ION and for al "project" that includes prem in l i the l ises vo v ng med e caused by accidents same or connecting lots, or prem whose con- ical xpenses ises under which nection is interrupted only by a street, roadway, COVERAGE C ( T I) SEC ION cannot be attr buted only to operat at waterway or right of way of a railroad shall be i ions - - a single designated "project" shown in the considered a single "projec ". t SCHEDULE abo e. v F. SEC ION I – LIM T OF The pro ons of visi T II I S D. INSURANCE W co erage for liab li arising out o the not otherwise modi ied by this en- hen v i ty f f "products-comple operations hazard is pro- ted " dorsement shall to apply continue as stipulated.

included

Agenda Item # 1.B.7.

Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Kristin Riesgo, Community Services Director Approved by: Candace Bond, Interim City Manager
Date prepared: October 23, 2025 Meeting date: November 10, 2025 Subject: Amendment to Agreement with Enhanced Landscape Management LLC
RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 1 with Enhanced Landscape Management LLC to add landscape services at the Malibu Skate Park and obligations related to Federal Emergency Management Agency (FEMA) requirements.

FISCAL IMPACT: No additional appropriation is required. Funding for the Agreement was included in the Adopted Budget for FY 2025-26 in the amount of $396,000 in Account No. 100-4010-5100-00 (Park Maintenance Professional Services) and $236,000 in Account No. 500-7008-5100-00 (Legacy Park Professional Services).

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

DISCUSSION: Since 2019, Enhanced Landscape Management LLC (ELM) has provided landscape maintenance services for City parks, medians, the Cross Creek area, City Hall, and vacant properties. In 2024, following a Request for Proposal process, ELM entered into a three-year Professional Services Agreement (Agreement) that encompasses general landscape maintenance, including mowing, brush clearance, litter and trash removal, irrigation repairs, and weekend litter removal. ELM also provides emergency debris clean-up and storm preparation work on an as-needed basis.

In Fiscal Year 2025-26, the City will open the Malibu Skate Park, which will necessitate daily landscape maintenance and litter removal services. In anticipation of the park’s opening, staff worked with ELM to develop a proposal and amend the existing Agreement City Council Meeting
11-10-25
Item

1.B.7.

Agenda Item # 1.B.7.
to include the new service. The cost to add the service is $519.00 per month. Landscape services at the Skate Park are expected to begin in early 2026.

The Amendment also includes added obligations related to FEMA funding in the event ELM completes fire-related repairs at City parks or medians. The clause enables the City to provide the necessary documentation for federal reimbursement.

ATTACHMENTS: Amendment No. 1 to Agreement with Enhanced Landscape Management LLC
AMENDMENT NO. 1 TO AGREEMENT
THIS AMENDMENT NO. 1 TO AGREEMENT is made and entered in the City of Malibu on November 10, 2025, by and between the CITY OF MALIBU a municipal corporation (hereinafter referred to as City), and Enhanced Landscape Management LLC, a California limited liability company (hereinafter referred to as Consultant).

The City and the Consultant agree as follows:

R E C I T A L S
A. On June 24, 2024, the City entered into an Agreement with Consultant for landscape maintenance of city parks, medians, and parkways, in addition to weekend liner service (the “Agreement”).

B. On January 8, 2025, the President of the United States issued a Presidential Major Disaster Declaration, making funding available to local governments on a cost-sharing basis for debris removal and emergency protective measures (including direct Federal assistance) to supplement recovery efforts (“Recovery Efforts”) in the areas affected by wildfires and straight-line winds in the greater Los Angeles area, including the Palisades Fire (“Impacted Areas”).

C. California Governor Gavin Newsom issued directives (Executive Order N-2-25 of January 8, 2025; and Executive Order N-5-25 of January 12, 2025) to expedite the Recovery Efforts in the Impacted Areas.

D. The parties desires to amend the Agreement to add landscape services for the Permanent Skate Park, add Recovery Efforts services related to wildfire damage within the impacted areas, and increase annual compensation for services; the Consultant has submitted a proposal for this purpose that is acceptable to the City.

NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:

1. Section 1.0 – Scope of the Consultant’s Services, of the Agreement, is hereby amended as set forth in Exhibit A attached hereto.

2. Section 4.0 – Compensation for Services, of the Agreement, is hereby amended as set forth in Exhibit B of this Agreement. Daily services shall be $47,000 per month for a total not to exceed $570,000.

3. FEMA FUNDING REQUIREMENTS.
a. FEMA Requirements. Federal Emergency Management Agency (“FEMA”) financial assistance will be used to fund all or a portion of the Agreement. The Consultant shall comply with all federal laws, regulations, executive orders, FEMA policies, procedures and directives including, but not limited to, the following:
b. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which is expressly incorporated herein by reference. c. Federal Contract Provisions attached hereto as Exhibit “D” and incorporated herein by reference.

Federal Contract Provisions are based upon the Contract Provision Guide Navigating Appendix II to Part 200-Contract Provisions for Non-Federal Entity Contract Under Federal Awards, Version 2 – released by FEMA’s Procurement Under Grants Division, Effective October 1, 2024 (FI-207-21-0001) and the provisions of 2 C.F.R. 200 that are in place as of the date this Amendment is signed.

Docusign Envelope ID: 19EF2623-624F-4B13-8DF7-944C411A0103 ATTACHMENT 1
Amendment No. 1 to Agreement
Enhanced Landscape Management LLC

_____________________
d. Subcontractors, if any, shall contain a provision making them subject to all of the provisions stipulated in the Agreement, including but not limited to, 2 C.F.R. Part 200 and the Federal Contract Provisions. With respect to any conflict between such federal requirements and the terms of the Agreements and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.

4. The Parties agree that this Amendment will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

5. All terms and conditions of the Agreement not amended by this Amendment No. 1 remain in full force and effect.

This Agreement is executed on ______________________, 2025, at Malibu, California.

CITY OF MALIBU:
____________________________________
CANDACE BOND, Interim City Manager
ATTEST:
____________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM: ENHANCED LANDSCAPE MANAGEMENT
LLC, a California limited liability company:
_____________________________________ ____________________________________ TREVOR RUSIN, Interim City Attorney By: GREG EPSTEIN
Title: Executive Vice President
Docusign Envelope ID: 19EF2623-624F-4B13-8DF7-944C411A0103 ATTACHMENT 1
Docusign Envelope ID: 19EF2623-624F-4B13-8DF7-944C411A0103 ATTACHMENT 1
City of Malibu Community Services Department
Landscape Maintenance Services Fee Schedule Form 2025
Monthly Labor Hours
0 13
73 34
9 24
8 161
Monthly Labor Hours
0 4
TBD 6
0 4
0 Monthly Labor Hours
0 3
54 2
16 0
75 Monthly Labor Hours
0 15
34 14
4 22
6 95
Malibu Bluffs Park Monthly Cost

5.0 Irrigation $0

6.0 Hardscape and Buildings $481.44

8.0 Shrub, Tree and Groundcover $2703.47

10.0 Mowing and Edging $1259.15

13.0 General Maintenance and Inspection Control $437.46

14.0 Daily Litter and Trash Cleanup $888.81

15.0 Runoff Mitigation Control $296.27
Malibu Bluffs Park Monthly Total $6,066.61
Permanent Skate Park at Malibu Bluffs Park Monthly Cost

5.0 Irrigation $0

6.0 Hardscape and Buildings $148.12

8.0 Shrub, Tree and Groundcover $222.18

13.0 General Maintenance and Inspection Control $0

14.0 Daily Litter and Trash Cleanup $ 148.12

15.0 Runoff Mitigation Control $0
Permanent Skate Park Monthly Total
Las Flores Creek Park Monthly Cost

5.0 Irrigation $0

6.0 Hardscape and Buildings $111.11

8.0 Shrub, Tree and Groundcover $1444.32

13.0 General Maintenance and Inspection Control $97.21

14.0 Daily Litter and Trash Cleanup $592.54

15.0 Runoff Mitigation Control $0
Las Flores Creek Park Monthly Total $2,245.17
Trancas Canyon Park Monthly Cost

5.0 Irrigation $0

6.0 Hardscape and Buildings $616.62

8.0 Shrub, Tree and Groundcover $1523.75

10.0 Mowing and Edging $570.32

13.0 General Maintenance and Inspection Control $194.42

14.0 Daily Litter and Trash Cleanup $909.84

15.0 Runoff Mitigation Control $233.31
Trancas Canyon Park Monthly Total $4,048.26
$518.42* 14

EXHIBIT B
Docusign Envelope ID: 19EF2623-624F-4B13-8DF7-944C411A0103 ATTACHMENT 1
Monthly Labor Hours
14 352
13 23
5 407
Monthly Labor Hours
4 11
2 7
0 24
Monthly Labor Hours
6 36
3 5
0 50
Monthly Labor Hours
0 0
20 0
0 2
7 0
29 Monthly Labor Hours
4 0
0 9
2 6
21 Legacy Park Monthly Cost

5.0 Irrigation $680.50

8.0 Shrub, Tree and Groundcover $13035.92

13.0 General Maintenance and Inspection Control $631.89

14.0 Daily Litter and Trash Cleanup $851.78

15.0 Runoff Mitigation Control $185.17
Legacy Park Monthly Total $15,385.26
Malibu Equestrian Park Monthly Cost

6.0 Hardscape and Buildings $106.93

8.0 Shrub, Tree and Groundcover $345.85

13.0 General Maintenance and Inspection Control $82.80

14.0 Daily Litter and Trash Cleanup $191.20

15.0 Runoff Mitigation Control $0
Malibu Equestrian Park Monthly Total $726.79
Charmlee Wilderness Park Monthly Cost

6.0 Hardscape and Buildings $297.57

8.0 Shrub, Tree and Groundcover $1330.90

13.0 General Maintenance and Inspection Control $183.90

14.0 Daily Litter and Trash Cleanup $574

15.0 Runoff Mitigation Control $0
Charmlee Wilderness Park Monthly Total $2,386.37
Malibu City Hall Monthly Cost

5.0 Irrigation $0

6.0 Hardscape and Buildings $0

8.0 Shrub, Tree and Groundcover $740.67

10.0 Mowing and Edging $0

11.0 Disease and Pest Control $0

13.0 General Maintenance and Inspection Control $97.21

14.0 Daily Litter and Trash Cleanup $256.92

15.0 Runoff Mitigation Control $0
Malibu City Hall Monthly Total $1,094.81
Parkways and Medians Monthly Cost

5.0 Irrigation $194.42

6.0 Hardscape and Buildings $0

7.0 Aeration and Fertilization $0

8.0 Shrub, Tree and Groundcover $333.31

13.0 General Maintenance and Inspection Control $97.21

14.0 Daily Litter and Trash Cleanup $222.20
Parkways and Medians Monthly Total $847.14

EXHIBIT B
Docusign Envelope ID: 19EF2623-624F-4B13-8DF7-944C411A0103 ATTACHMENT 1
Monthly Labor Hours
13 26
52 0
6 24
121
Civic Center Way (Webb Way to Malibu Canyon) Monthly Cost Monthly Labor Hours 3 0
59 4
2 7
0 75
Monthly Labor Hours
70 70
Costs for All Areas Combined
Total Monthly Cost: $44,853.32
Total Annual Cost: $538,239.81

5.0 Irrigation $156.24

7.0 Aeration and Fertilization $0

8.0 Shrub, Tree and Groundcover $1545.01

9.0 Brush Clearance $148.13

13.0 General Maintenance and Inspection Control $97.21

14.0 Daily Litter and Trash Cleanup $256.92

15.0 Runoff Mitigation Control $0
Civic Center Way Monthly Total $2,203.52
Cross Creek Road (PCH to Civic Center) Monthly Cost

5.0 Irrigation $631.89

6.0 Hardscape and Buildings $962.89

8.0 Shrub, Tree and Groundcover $1925.76

9.0 Brush Clearance $0

13.0 General Maintenance and Inspection Control $291.64

14.0 Daily Litter and Trash Cleanup $888.81
Cross Creek Monthly Total $4,700.99
Weekend Liner Service (City Parks) Monthly Cost

14.0 Daily Litter and Trash Cleanup $4,629.97
Weekend Liner Service Monthly Total $4,629.97

EXHIBIT B
Docusign Envelope ID: 19EF2623-624F-4B13-8DF7-944C411A0103 ATTACHMENT 1
Cost Breakdown per Task and Classification per Hour
Item Description Labor Cost Per Unit
A. Tree Removal with Stump Grind. Measurements at
Diameter at Breast Height (DBH)
0”- 3” $100-$350
3”- 12” $200-$1850
12”- 24” $650-$4600
B. Tree Removal without Stump Grind. Measurements at
DBH
0”- 3” $100-$300
3”- 12” $200-$1,750
12”- 24” $500-$4000
C. Turf Maintenance Measured in Square Feet $0.059 PER SQUARE FOOT D. Shrub and Groundcover Maintenance Measured in $0.059 PER SQUARE FEET E. Xeriscape Maintenance Measured in Square Feet $0.0097 PER SQUARE FEET F. Trash, Litter, Pick-up and Removal Measured in
Square Feet
G. Plant Tree and Stake. Measured Size
1 Gallon $30.09
5 Gallon $87.55
15 Gallon $200.85
H. Plant Shrub. Measured Size
1 Gallon $17.51
5 Gallon $$56.65
I. Plant Groundcover Measured Per Flat $56.65
J. Brush Clearance Measured in Square Feet $0.59 PER SQUARE FEET K. Apply Mulch Measured Per Cubic Yard $123.60 PER CUBIC YARD L. Apply Seed Cover (Topper) Measured Per Cubic Yard $226.60 PER CUBIC YARD M. Aeration and Organic Fertilization in Square Feet $0.20 PER SQUARE FEET Item Classification Labor Cost Per Hour Including
Overhead
A. Liner Service Weekend for a City Special Event (one
location)
SATURDAY $98.00, Sunday $123.00
B. Holiday Liner Service $123.00
C. General Laborer $61.80
D. Skilled Laborer $66.95
E. Irrigation Technician $77.25

EXHIBIT B
Docusign Envelope ID: 19EF2623-624F-4B13-8DF7-944C411A0103 ATTACHMENT 1
City of Malibu Community Services Department
Landscape Maintenance Services Fee Schedule Form 2026
Monthly Labor Hours
0 13
73 34
9 24
8 161
Monthly Labor Hours
0 4
TBD 6
0 4
0 Monthly Labor Hours
0 3
54 2
16 0
75 Monthly Labor Hours
0 15
34 14
4 22
6 95
Malibu Bluffs Park Monthly Cost

5.0 Irrigation $0

6.0 Hardscape and Buildings $495.89

8.0 Shrub, Tree and Groundcover $2784.58

10.0 Mowing and Edging $1296.93

13.0 General Maintenance and Inspection Control $450.59

14.0 Daily Litter and Trash Cleanup $915.47

15.0 Runoff Mitigation Control $305.16
Malibu Bluffs Park Monthly Total $6,248.61
Permanent Skate Park at Malibu Bluffs Park Monthly Cost

5.0 Irrigation $

6.0 Hardscape and Buildings $152.56

8.0 Shrub, Tree and Groundcover $228.85

13.0 General Maintenance and Inspection Control $

14.0 Daily Litter and Trash Cleanup $ 152.56

15.0 Runoff Mitigation Control $
Permanent Skate Park Monthly Total
Las Flores Creek Park Monthly Cost

5.0 Irrigation $0

6.0 Hardscape and Buildings $114.44

8.0 Shrub, Tree and Groundcover $1487.65

13.0 General Maintenance and Inspection Control $100.13

14.0 Daily Litter and Trash Cleanup $610.31

15.0 Runoff Mitigation Control $0
Las Flores Creek Park Monthly Total $2,312.53
Trancas Canyon Park Monthly Cost

5.0 Irrigation $0

6.0 Hardscape and Buildings $635.11

8.0 Shrub, Tree and Groundcover $1569.46

10.0 Mowing and Edging $587.43

13.0 General Maintenance and Inspection Control $200.26

14.0 Daily Litter and Trash Cleanup $937.14

15.0 Runoff Mitigation Control $240.31
Trancas Canyon Park Monthly Total $4,169.71
$533.97 14

EXHIBIT B
Docusign Envelope ID: 19EF2623-624F-4B13-8DF7-944C411A0103 ATTACHMENT 1
Monthly Labor Hours
14 352
13 23
5 407
Monthly Labor Hours
4 11
2 7
0 24
Monthly Labor Hours
6 36
3 5
0 50
Monthly Labor Hours
0 0
20 0
0 2
7 0
29 Monthly Labor Hours
4 0
0 9
2 6
21 Legacy Park Monthly Cost

5.0 Irrigation $700.92

8.0 Shrub, Tree and Groundcover $13426.99

13.0 General Maintenance and Inspection Control $650.85

14.0 Daily Litter and Trash Cleanup $877.33

15.0 Runoff Mitigation Control $190.73
Legacy Park Monthly Total $15,846.82
Malibu Equestrian Park Monthly Cost

6.0 Hardscape and Buildings $110.14

8.0 Shrub, Tree and Groundcover $356.23

13.0 General Maintenance and Inspection Control $85.29

14.0 Daily Litter and Trash Cleanup $196.93

15.0 Runoff Mitigation Control $0
Malibu Equestrian Park Monthly Total $748.59
Charmlee Wilderness Park Monthly Cost

6.0 Hardscape and Buildings $306.49

8.0 Shrub, Tree and Groundcover $1370.83

13.0 General Maintenance and Inspection Control $189.41

14.0 Daily Litter and Trash Cleanup $591.22

15.0 Runoff Mitigation Control $0
Charmlee Wilderness Park Monthly Total $2,457.96
Malibu City Hall Monthly Cost

5.0 Irrigation $0

6.0 Hardscape and Buildings $0

8.0 Shrub, Tree and Groundcover $762.89

10.0 Mowing and Edging $0

11.0 Disease and Pest Control $0

13.0 General Maintenance and Inspection Control $100.13

14.0 Daily Litter and Trash Cleanup $264.63

15.0 Runoff Mitigation Control $0
Malibu City Hall Monthly Total $1,127.65
Parkways and Medians Monthly Cost

5.0 Irrigation $200.26

6.0 Hardscape and Buildings $0

7.0 Aeration and Fertilization $0

8.0 Shrub, Tree and Groundcover $343.31

13.0 General Maintenance and Inspection Control $100.13

14.0 Daily Litter and Trash Cleanup $228.87
Parkways and Medians Monthly Total $872.56

EXHIBIT B
Docusign Envelope ID: 19EF2623-624F-4B13-8DF7-944C411A0103 ATTACHMENT 1
Monthly Labor Hours
13 26
52 0
6 24
121
Civic Center Way (Webb Way to Malibu Canyon) Monthly Cost Monthly Labor Hours 3 0
59 4
2 7
0 75
Monthly Labor Hours
70 70
Costs for All Areas Combined
Total Monthly Cost: $46,198.92
Total Annual Cost: $554,387.04

5.0 Irrigation $160.93

7.0 Aeration and Fertilization $0

8.0 Shrub, Tree and Groundcover $1591.36

9.0 Brush Clearance $152.58

13.0 General Maintenance and Inspection Control $100.13

14.0 Daily Litter and Trash Cleanup $264.63

15.0 Runoff Mitigation Control $0
Civic Center Way Monthly Total $2,269.63
Cross Creek Road (PCH to Civic Center) Monthly Cost

5.0 Irrigation $650.85

6.0 Hardscape and Buildings $991.77

8.0 Shrub, Tree and Groundcover $1983.53

9.0 Brush Clearance $0

13.0 General Maintenance and Inspection Control $300.39

14.0 Daily Litter and Trash Cleanup $915.47
Cross Creek Monthly Total $4,842.02
Weekend Liner Service (City Parks) Monthly Cost

14.0 Daily Litter and Trash Cleanup $4,768.87
Weekend Liner Service Monthly Total $4,768.87

EXHIBIT B
Docusign Envelope ID: 19EF2623-624F-4B13-8DF7-944C411A0103 ATTACHMENT 1
Cost Breakdown per Task and Classification per Hour
Item Description Labor Cost Per Unit
A. Tree Removal with Stump Grind. Measurements at
Diameter at Breast Height (DBH)
0”- 3” $100-$350
3”- 12” $200-$1850
12”- 24” $650-$4600
B. Tree Removal without Stump Grind. Measurements at
DBH
0”- 3” $100-$300
3”- 12” $200-$1,750
12”- 24” $500-$4000
C. Turf Maintenance Measured in Square Feet $0.059 PER SQUARE FOOT D. Shrub and Groundcover Maintenance Measured in $0.059 PER SQUARE FEET E. Xeriscape Maintenance Measured in Square Feet $0.0097 PER SQUARE FEET F. Trash, Litter, Pick-up and Removal Measured in
Square Feet
G. Plant Tree and Stake. Measured Size
1 Gallon $40
5 Gallon $90.17
15 Gallon $206.88
H. Plant Shrub. Measured Size
1 Gallon $18.04
5 Gallon $58.35
I. Plant Groundcover Measured Per Flat $58.35
J. Brush Clearance Measured in Square Feet $0.61 PER SQUARE FEET K. Apply Mulch Measured Per Cubic Yard $127.31 PER CUBIC YARD L. Apply Seed Cover (Topper) Measured Per Cubic Yard $233.40 PER CUBIC YARD M. Aeration and Organic Fertilization in Square Feet $0.21 PER SQUARE FEET Item Classification Labor Cost Per Hour Including
Overhead
A. Liner Service Weekend for a City Special Event (one
location)
SATURDAY $101.00, Sunday $126.70
B. Holiday Liner Service $126.70
C. General Laborer $63.65
D. Skilled Laborer $68.96
E. Irrigation Technician $79.56

EXHIBIT B
Docusign Envelope ID: 19EF2623-624F-4B13-8DF7-944C411A0103 ATTACHMENT 1

Agenda Item # 1.B.8.

Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Kate Manisco, Recreation Manager
Reviewed by: Kristin Riesgo, Community Services Director Approved by: Candace Bond, Interim City Manager
Date prepared: October 22, 2025 Meeting date: November 10, 2025 Subject: Amendment to Agreement with Southwest Offset Printing RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 2 with Southwest Offset Printing Co., Inc. for printing and mailing services of the Quarterly Recreation Guide and City Newsletter.

FISCAL IMPACT: No additional appropriation is required. Funding for the Agreement was included in the Adopted Budget for FY 2025-26 in the amount of $48,000 in Account No. 100-4001-5405-00 (General Recreation Printing).

STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2024-25 Strategic Priority Project List. Staff continue to work on ongoing projects and normal business while the FY 2025-26 Strategic Priority Plan is finalized.

DISCUSSION: In 1993, the Community Services Department (Department) began producing the Quarterly Recreation Guide and City Newsletter (Guide). The Guide was created to engage residents and promote recreation programs, special events, facilities, and park operations.

From 2007 to 2019, the Department contracted with a graphic designer to provide the layout and design services, while a separate printing agency supplied 10,000 bound copies and mailing services to Malibu residents and businesses.

In 2020, staff redesigned the Guide in-house without the assistance of a contracted graphic designer. Due to the Pandemic, the Guide was published digitally in 2020 and 2021.

City Council Meeting
11-10-25
Item

1.B.8.

Agenda Item # 1.B.8.

In February 2022, the Guide returned to a printed version, and Council approved a contract with Southwest Offset Printing Co., Inc. (SOP). The contractor was selected due to its experience, printing standards, and recycling and resource conservation programs. SOP prints an average of 10,000 copies of the Guide each quarter, which are distributed through direct mail to all Malibu residents. Additional copies of the guide are available at City facilities, the Malibu Library, schools, and various businesses.

On November 12, 2024, Council approved Amendment No. 1 with SOP to extend the term of the agreement to January 2, 2026.

Since the initiation of the agreement, the consultant has provided high-quality publication printing, completed timely mailing services, met City deadlines, and exceeded expectations. Therefore, Staff recommends authorizing the Mayor to execute Amendment No. 2 with SOP, extending the term to January 2, 2027 (Attachment).

ATTACHMENTS: Amendment No. 2 to Agreement with Southwest Offset Printing Co. Inc.

AMENDMENT NO. 2 TO AGREEMENT
THIS AMENDMENT NO. 2 TO AGREEMENT is made and entered in the City of Malibu on ________________________, by and between the CITY OF MALIBU, a municipal corporation (hereinafter referred to as “City”), and SOUTHWEST OFFSET PRINTING CO., INC., a California corporation (hereinafter referred to as “Consultant”).

The City and the Consultant agree as follows:

R E C I T A L S
A. On November 2, 2021, the City entered into an Agreement with the Consultant for services relating to the printing and mailing of the Recreation Guide and City Newsletter (“Agreement”).

B. On November 12, 2024, the City Approved Amendment No. 1 extending the terms of the agreement and compensation for services.

C. The City and Consultant desire to amend the Agreement to extend the term by one year and increase compensation for services.

NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows:

1. Section 2.0 – Term of Agreement is hereby extended to January 2, 2027.

2. Section 4.0 – Compensation for Services, of the Agreement, is hereby amended to the cost of services shall be described in Exhibit B of this Agreement for $48,000 annually, for a total amount not to exceed $216,000.

3. The Parties agree that this Amendment will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

4. All terms and conditions of the Agreement not amended by this Amendment No. 2 remain in full force and effect.

This Agreement is executed on ________________, 2025, at Malibu, California, .

CITY OF MALIBU:
____________________________________
MARIANNE RIGGINS, Mayor
ATTEST:
____________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
Docusign Envelope ID: 5A709500-C1E1-4C5C-92B6-58B79D0E7446 Amendment No. 1 to Agreement
Southwest Offset Printing Co., Inc.

_____________________
Southwest Offset Printing Co., Inc., a California
corporation
APPROVED AS TO FORM: CONSULTANT:
_____________________________________ ____________________________________ TREVOR RUSIN, Interim City Attorney ARTHUR SPEAR, Chief Financial Officer SOUTHWEST OFFSET PRINTING CO., INC.

Docusign Envelope ID: 5A709500-C1E1-4C5C-92B6-58B79D0E7446 Pricing for 2025-2026
City of Malibu Date: 08/15/25
Estimate # 93547
23825 Stuart Ranch Road
Malibu, CA 90265
Description: City of Malibu Recreation Guide
Text Pages: 32pp
Page Size: 8-1/4 x 10-3/4
Text Stock Heatset: 80# Gloss Book #3
Text Ink: 4/4 cmyk
Bleeds: Yes
Ink Coverage: Medium
File Submission: FTP
Proofs: Soft - PDF
Bindery: Saddle Stitch
Packing: Skid Pack
Shipping: Delivery - One (1) drop to Malibu PO and One (1) drop to City of Malibu Included
Mailing: Simplified Mailing Included
Quantity: 10,000
Price: $6,197.00
Mailing: $ 133.25
Delivery: $ 280.00
Tax:

Total:
$ 47.43 (Sales Tax May Vary)
$ 6,657.68
We thank you for this opportunity to be of service to your company and look forward to your order.

Sincerely,
Bruce Jarrin
Office Phone 310-965-9102
Terms Due to the Volatility of the paper market, we cannot guarantee the availability of paper.

Prices/Schedule: This quotation is valid for 30 days from date of quote and is subject to change to reflect increases in paper and labor.

Freight costs are approximate and are subject to fuel surcharge at time of shipment.

Any applicable Government taxes are not included in quoted price and will be added to the invoice.

Specifications and Alts: Prices are based upon computer output PDF files. Additional system time to files will be charged as an extra. Changes and alterations will also be charged as an extra.

Overs/Unders: Not to exceed 5% for orders under 10,000 copies; 3% for orders between 10,000-30,000 and 2% for orders over 30,000.

Pricing for additional or less M’s is only good for plus or minus 4,000. Anything over that needs to be requoted. - Subject to increase due to Tariffs

EXHIBIT B
Docusign Envelope ID: 5A709500-C1E1-4C5C-92B6-58B79D0E7446 Pricing for 2025-2026
City of Malibu Date: 08/15/25
Estimate # 93547
23825 Stuart Ranch Road
Malibu, CA 90265
Description: City of Malibu Recreation Guide
Text Pages: 36pp
Page Size: 8-1/4 x 10-3/4
Text Stock Heatset: 80# Gloss Book #3
Text Ink: 4/4 cmyk
Bleeds: Yes
Ink Coverage: Medium
File Submission: FTP
Proofs: Soft - PDF
Bindery: Saddle Stitch
Packing: Skid Pack
Shipping: Delivery - One (1) drop to Malibu PO and One (1) drop to City of Malibu Included
Mailing: Simplified Mailing Included
Quantity: 10,000
Price: $8,144.00
Mailing: $ 133.25
Delivery: $ 280.00
Tax:

Total:
$ 61.40 (Sales Tax May Vary)
$ 8,618.65
We thank you for this opportunity to be of service to your company and look forward to your order.

Sincerely,
Bruce Jarrin
Office Phone 310-965-9102
Terms Due to the Volatility of the paper market, we cannot guarantee the availability of paper.

Prices/Schedule: This quotation is valid for 30 days from date of quote and is subject to change to reflect increases in paper and labor.

Freight costs are approximate and are subject to fuel surcharge at time of shipment.

Any applicable Government taxes are not included in quoted price and will be added to the invoice.

Specifications and Alts: Prices are based upon computer output PDF files. Additional system time to files will be charged as an extra. Changes and alterations will also be charged as an extra.

Overs/Unders: Not to exceed 5% for orders under 10,000 copies; 3% for orders between 10,000-30,000 and 2% for orders over 30,000.

Pricing for additional or less M’s is only good for plus or minus 4,000. Anything over that needs to be requoted. - Subject to increase due to Tariffs

EXHIBIT B
Docusign Envelope ID: 5A709500-C1E1-4C5C-92B6-58B79D0E7446 Pricing for 2025-2026
City of Malibu Date: 08/15/25
Estimate # 93547
23825 Stuart Ranch Road
Malibu, CA 90265
Description: City of Malibu Recreation Guide
Text Pages: 40pp
Page Size: 8-1/4 x 10-3/4
Text Stock Heatset: 80# Gloss Book #3
Text Ink: 4/4 cmyk
Bleeds: Yes
Ink Coverage: Medium
File Submission: FTP
Proofs: Soft - PDF
Bindery: Saddle Stitch
Packing: Skid Pack
Shipping: Delivery - One (1) drop to Malibu PO and One (1) drop to City of Malibu Included
Mailing: Simplified Mailing Included
Quantity: 10,000
Price: $8,471.00
Mailing: $ 133.25
Delivery: $ 280.00
Tax:

Total:
$ 63.74 (Sales Tax May Vary)
$ 8,947.99
We thank you for this opportunity to be of service to your company and look forward to your order.

Sincerely,
Bruce Jarrin
Office Phone 310-965-9102
Terms Due to the Volatility of the paper market, we cannot guarantee the availability of paper.

Prices/Schedule: This quotation is valid for 30 days from date of quote and is subject to change to reflect increases in paper and labor.

Freight costs are approximate and are subject to fuel surcharge at time of shipment.

Any applicable Government taxes are not included in quoted price and will be added to the invoice.

Specifications and Alts: Prices are based upon computer output PDF files. Additional system time to files will be charged as an extra. Changes and alterations will also be charged as an extra.

Overs/Unders: Not to exceed 5% for orders under 10,000 copies; 3% for orders between 10,000-30,000 and 2% for orders over 30,000.

Pricing for additional or less M’s is only good for plus or minus 4,000. Anything over that needs to be requoted. - Subject to increase due to Tariffs

EXHIBIT B
Docusign Envelope ID: 5A709500-C1E1-4C5C-92B6-58B79D0E7446 Pricing for 202-2026
City of Malibu Date: 08/15/25
Estimate # 93547
23825 Stuart Ranch Road
Malibu, CA 90265
Description: City of Malibu Recreation Guide
Text Pages: 44pp
Page Size: 8-1/4 x 10-3/4
Text Stock Heatset: 80# Gloss Book #3
Text Ink: 4/4 cmyk
Bleeds: Yes
Ink Coverage: Medium
File Submission: FTP
Proofs: Soft - PDF
Bindery: Saddle Stitch
Packing: Skid Pack
Shipping: Delivery - One (1) drop to Malibu PO and One (1) drop to City of Malibu Included
Mailing: Simplified Mailing Included
Quantity: 10,000
Price: $10,418.00
Mailing: $ 133.25
Delivery: $ 280.00
Tax:

Total:
$ 77.71 (Sales Tax May Vary)
$ 10,908.96
We thank you for this opportunity to be of service to your company and look forward to your order.

Sincerely,
Bruce Jarrin
Office Phone 310-965-9102
Terms Due to the Volatility of the paper market, we cannot guarantee the availability of paper.

Prices/Schedule: This quotation is valid for 30 days from date of quote and is subject to change to reflect increases in paper and labor.

Freight costs are approximate and are subject to fuel surcharge at time of shipment.

Any applicable Government taxes are not included in quoted price and will be added to the invoice.

Specifications and Alts: Prices are based upon computer output PDF files. Additional system time to files will be charged as an extra. Changes and alterations will also be charged as an extra.

Overs/Unders: Not to exceed 5% for orders under 10,000 copies; 3% for orders between 10,000-30,000 and 2% for orders over 30,000.

Pricing for additional or less M’s is only good for plus or minus 4,000. Anything over that needs to be requoted. - Subject to increase due to Tariffs

EXHIBIT B
Docusign Envelope ID: 5A709500-C1E1-4C5C-92B6-58B79D0E7446

Agenda Item # 1.B.9.

Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Nicholas Sanchez, Interim Management Analyst Reviewed by: Richard Rojas, Deputy City Manager
Approved by: Candace Bond, Interim City Manager
Date prepared: October 14, 2025 Meeting date: November 10, 2025 Subject: Amendment to Professional Services Agreement with Kosmont & Associates, Inc. for Economic Development and Public Funding Advisory
RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 1 to the Professional Service Agreement with Kosmont & Associates, Inc. (“Consultant”) to increase the compensation by an additional $55,000 for a new not to exceed amount of $79,900 to continue advisory services related to economic development and public funding strategies in support of post-fire recovery efforts.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement/project is included in the Adopted Budget for FY 2025-26 in Account No. 100- 7003-5100 (City Manager Professional Services).

STRATEGIC PRIORITY: This item is not included in the Adopted FY 2024-25 Strategic Priority Project List.

DISCUSSION: Following significant physical damage and operational disruptions caused by the Palisades Fire of 2025, the City of Malibu entered into a contract with Kosmont & Associates, Inc. on April 9, 2025, to provide advisory services related to recovery activities and operational management. Kosmont has supported the City of Malibu by providing strategic advisory services focused on post-disaster recovery and operational resilience.

Their work has included evaluating organizational structures, identifying funding opportunities, and advising on recovery-related management strategies.

In July, 2025, Kosmont shared a comprehensive visitation and economic impact analysis City Council Meeting
11-10-25
Item

1.B.9.

Agenda Item # 1.B.9.
following the Palisades Fire, which revealed a 40% drop in out-of-market visitors and significant retail market disruptions. Their insights have informed the City’s understanding of visitor demographics, spending patterns, and infrastructure needs – laying the groundwork for targeted economic recovery strategies and long-term revitalization efforts.

The City now seeks to continue its engagement with Kosmont to support economic development and public funding advisory services related to recovery from the Palisades Fire and other critical infrastructure and community investments. The proposed objectives include developing a Malibu Economic Recovery Strategy, identifying opportunities for City-owned real estate, and exploring innovative infrastructure funding and financing tools.

The scope of services would be broken down into three core tasks:

1. Task 1 Opportunities for City-Owned Real Estate: Kosmont will identify and evaluate opportunities for real estate assets controlled by the City. Kosmont will analyze potential sale and/or lease opportunities, including estimation of potential sale proceeds or lease revenues

2. Task 2 Infrastructure Funding and Financing Tools: Kosmont will evaluate potential infrastructure funding and financing tools, with emphasis on Tax Increment Financing (“TIF”) alternatives, such as an Enhanced Infrastructure Financing District (“EIFD”) or a Climate Resilience District (“CRD”)

3. Task 3 Meeting/Workshop Assistance: Kosmont will coordinate a meeting/workshop with City staff, City Council, and/or other key community stakeholders, such as residents, property owners, and/or local developers – to present findings and recommendations from the above tasks.

The staff recommends increasing the compensation to a new not to exceed amount of $79,900 to continue to work with Kosmont to provide essential support for Malibu’s economic recovery from the Palisades Fire.

ATTACHMENTS:

1. Kosmont & Associates, Inc. Professional Services Amendment

2. Kosmont Proposal for Economic Development and Public Funding Advisory AMENDMENT NO. 1 TO AGREEMENT
THIS AMENDMENT NO. 1 TO AGREEMENT is made and entered in the City of Malibu on November, 12 2025 by and between the CITY OF MALIBU, a municipal corporation, hereinafter referred to as City, and Kosmont & Associates, Inc., a California corporation, hereinafter referred to as Consultant.

The City and the Consultant agree as follows:

R E C I T A L S
A. On April 9, 2025, the City entered into an Agreement with Consultant for executive management and operations advisory services as related to fire recovery activities (the “Agreement”).

B. The parties desires to amend the Agreement to modify the scope of work to include economic development and public funding advisory and to increase the compensation for the term of the agreement..

NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:

The parties agree to amend the Agreement as follows:

1. The scope of the Consultant’s Services is hereby amended as to include additional services ass set forth in Exhibit A attached hereto. The original Scope of Services remains in full force and effect.

2. The compensation is hereby increase to a new not to exceed amount of seventy-nine thousand nine hundred dollars ($79,900).

3. The Parties agree that this Amendment will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

4. All terms and conditions of the Agreement not amended by this Amendment No. 1 remain in full force and effect.

This Agreement is executed on ______________________, at Malibu, California, and effective as of November 12, 2025.

CITY OF MALIBU:
____________________________________
MARIANNE RIGGINS, Mayor
ATTEST:
____________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM: KOSMONT & ASSOCIATES, INC.
a California corporation:
_____________________________________ ____________________________________ TREVOR RUSIN, Interim City Attorney By: Larry J. Kosmont Title: Chairman & CEO
Kosmont Companies
Mailing Address: 1601 N. Sepulveda Blvd., #382 (424) 297-1070 Physical Address: 2301 Rosecrans Ave, Ste. 4140 Manhattan Beach, CA 90266 www.kosmont.com El Segundo, CA 90245 October 13, 2025
Candace Bond
Interim City Manager
City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265
Re: Proposal for Economic Development and Public Funding Advisory Dear Ms. Bond:

Kosmont & Associates, Inc. doing business as Kosmont Companies (“Consultant” or “Kosmont”) is pleased to present this proposal to the City of Malibu (“City” or “Client”) for Economic Development and Public Funding Advisory. This proposal serves as an Agreement when executed and returned by Client to Kosmont.

I. BACKGROUND AND OBJECTIVE
Kosmont understands that the City is seeking assistance with multiple key economic development and public funding work paths to support recovery from the Palisades Fire and to other necessary infrastructure and community investments. Work paths are anticipated to include:

1. Formulation of a Malibu Economic Recovery Strategy

2. Identify opportunities for City-owned real estate

3. Exploration of innovative infrastructure funding and financing tools.

Kosmont proposes the following Scope of Services to assist the City accordingly.

II. SCOPE OF SERVICES
Approach to Tasks: The prospective assignment and consulting services that Kosmont will provide will be of a relatively limited scope and duration, and advisory in nature. Kosmont will be making recommendations only, which advise the Client and jurisdictions, including their elected officials, appointed officials, and staff, which they can accept or reject. None of Kosmont's staff will act in a capacity as an elected official, nor appointed official, nor as staff, nor as serving in a "designated" position.

City of Malibu
Proposal for Economic Development and Public Funding Advisory October 13, 2025
Kosmont Companies 2 | P a g e
(424) 297-1070
www.kosmont.com
Task 1: Opportunities for City-Owned Real Estate
Kosmont will identify and evaluate opportunities for real estate assets controlled by the City.

Kosmont will analyze potential sale and/or lease opportunities, including estimation of potential sale proceeds or lease revenues. As budget may allow, Kosmont will be available to assist City staff in initial outreach and discussions with potential private party buyers or lessees.

Formal processes, negotiations, or other transaction-based services that monetize City-owned real estate could be subject to Surplus Land Act and provided by Kosmont Real Estate Services, Inc. dba Kosmont Realty (“KR”), which is licensed by the State of California Department of Real Estate (License# 02058445) pursuant to a separate agreement.

Task 2: Infrastructure Funding and Financing Tools
Kosmont will evaluate potential infrastructure funding and financing tools, with emphasis on Tax Increment Financing (“TIF”) alternatives, such as an Enhanced Infrastructure Financing District (“EIFD”) or a Climate Resilience District (“CRD”).

Subtask 2.1: Evaluation of Boundary and Strategic Considerations Kosmont will meet with City staff to discuss potential financing district boundary alternatives for evaluation. Based on discussions with City staff, Kosmont will analyze key strategic implementation considerations, including:
a) Property / land ownership and planned / proposed / potential future development (based on information to be provided by the City)
b) Infrastructure needs and estimated costs (to be provided by the City) c) Potential public and private sector partners (e.g., City, County of Los Angeles, other affected taxing entities, developers / property owners) d) Overlap with former Redevelopment Agency Project Area boundaries and status of redevelopment dissolution.

Subtask 2.2: Preliminary Funding and Financing Analysis Kosmont will prepare a preliminary funding and financing analysis, including preliminary tax increment analysis, as appropriate, reflecting potential future development and potential public and private sector partners. The analysis will identify:
a) Potential assessed value generation from future development in the district b) Property tax increment funding capacity at select annual benchmarks and cumulatively over the estimated district lifetime(s)
c) Initial estimates of potential bonding capacity (to be prepared by Kosmont Financial Services, registered Municipal Advisor)
d) Complementary economic development tools and funding resources (e.g., community facilities district or assessment district financing, grants, leverage of City-owned real estate assets, outstanding debt refinancing strategies, zoning incentive programs) e) Comparison of potential revenue generation to types and cost of targeted infrastructure improvements
f) As related to potential overlap of proposed district boundaries with former redevelopment agency project areas, analysis of corresponding relevant outstanding enforceable obligations and implications on available revenues.

City of Malibu
Proposal for Economic Development and Public Funding Advisory October 13, 2025
Kosmont Companies 3 | P a g e
(424) 297-1070
www.kosmont.com
Subtask 2.3: Governance and Implementation Roadmap
Based on the preferred tool(s) identified by the City based on previous subtask findings, Kosmont will evaluate and summarize feasible governance and implementation alternatives, including district governing board composition, voting / approval procedures, district formation milestones, debt issuance procedures, and estimated timing, in order to provide potential public and private sector stakeholders with an illustrative “roadmap” for implementation.

Task 3: Meeting / Workshop Assistance
Kosmont will coordinate a meeting / workshop with City staff, City Council, and/or other key community stakeholders, such as residents, property owners, and/or local developers, where Kosmont will be prepared to present a summary of previous Task findings. The purpose of the workshop will be to facilitate education of key stakeholders, but also to vet and confirm potential priority strategies and projects for potential implementation.

III. SCHEDULE AND REQUIRED DATA
Consultant is prepared to commence work upon receipt of executed Agreement and project data outlined below. A summary PowerPoint presentation with separate analysis detail exhibits characterizing findings from Tasks 1 and 2 is anticipated to be delivered within three (3) to four (4) months from assignment authorization. Timing of Task 3 meeting / workshop activities will be contingent on stakeholder availability.

Client will provide Consultant with existing project data, including relevant planning documentation (e.g., General Plan, specific plan(s), previous market studies), current development project proposals and/or site plans, information on City-owned real estate assets, and information on potential infrastructure projects with estimated range of costs, as available.

IV. COMPENSATION
The compensation for Tasks 1 through 3 is estimated below for professional services (hourly) fees at Consultant’s billing rates as reflected in Attachment A.

Task Estimated Budget
1) Opportunities for City-Owned Real Estate $12,500 to $15,000 2) Infrastructure Funding and Financing Tools $22,500 to $25,000 3) City Meeting / Workshop $12,500 to $15,000
Estimated Total Professional Services $47,500 to $55,000 Budget may be reallocated between Tasks as deemed appropriate by Consultant in order to provide adequate services to the Client. Budgets may be increased by the Client at any time City of Malibu
Proposal for Economic Development and Public Funding Advisory October 13, 2025
Kosmont Companies 4 | P a g e
(424) 297-1070
www.kosmont.com
Consultant anticipates a single consolidated round of Client comments and revisions on draft work product before Kosmont provides a final version of work product. If necessary, additional rounds of comments and revisions can be accommodated on an hourly basis.

Consultant’s attendance or participation at any publicly noticed meeting apart from the meetings identified specifically in the Scope of Services, whether such participation is in person, digital, video and/or telephonic (e.g., City Council, Planning Commission, Public Agency Board, other), as requested by Client is in addition to compensation for Tasks 1 through 3 and will be billed at the professional services (hourly) fees as shown on Attachment A.

Services will be invoiced monthly at Consultant’s standard billing rates, as shown on Attachment A. In addition to professional services (hourly) fees, invoices will include reimbursement for outof-pocket expenses such as travel and mileage (provided that there shall be no overnight travel without the Client’s prior approval and that mileage shall be reimbursed at the current IRS mileage reimbursement rate), professional printing, conference calls, and delivery charges for messenger and overnight packages at actual cost. Unless otherwise agreed to in advance, out-of-area travel, if any, requires advance funding of flights and hotel accommodations.

Consultant will also include in each invoice an administrative services fee to cover in-house copy, fax, telephone and postage costs equal to four percent (4.0%) of Consultant’s monthly professional service fees incurred. Any unpaid invoices after 30 days shall accrue interest at the rate of 10% per annum.

For the convenience of Kosmont’s clients, we offer a secure credit card payment service. The credit card payment link is: https://kosmont.paidyet.com and there are two ways to make a secure credit card payment:

1. Fill in the “Make a Payment” form when you go to the link (https://kosmont.paidyet.com), or

2. Call Kosmont Companies’ accounting desk (Kelly Aguilar; (424) 297-1071) to make a credit card payment
Consultant is prepared to commence work upon receipt of executed Agreement.

DISCLOSURE: Compensation for possible future transaction-based services or brokerage services.

The following is being provided solely as an advance disclosure of possible real estate brokerage and finance services and potential compensation for such services. This disclosure is not intended to commit the Client.

When assignments involve real estate/property brokerage services, such transaction-based services are typically provided by Kosmont Real Estate Services, Inc. dba Kosmont Realty (“KR”) is licensed by the State of California Department of Real Estate (License# 02058445).

Compensation to KR is typically paid through commissions for property sale transactions, lease transactions and success/broker fees. KR also provides Broker Opinions of Value (“BOV”) services on a fixed fee basis.

City of Malibu
Proposal for Economic Development and Public Funding Advisory October 13, 2025
Kosmont Companies 5 | P a g e
(424) 297-1070
www.kosmont.com
When assignments involve public finance services on behalf of a public agency, such municipal advisory services are provided by Kosmont Financial Services (KFS). KFS is an independent Registered Municipal Advisor with the Securities and Exchange Commission and the Municipal Securities Rulemaking Board.

SEC registration does not constitute an endorsement of the firm by the Commission or state securities regulators.

V. OTHER PROVISIONS
A. Termination. Client or Consultant shall have the right to terminate this Agreement at any time upon written notification to the other party. Payment for fees accrued through the date of termination shall be remitted in full.

B. Arbitration. Any controversy or claim arising out of or in relation to this Agreement, or the making, performance, interpretation or breach thereof, shall be settled by arbitration at JAMS in Los Angeles, California. Each of the parties to such arbitration proceeding shall be entitled to take up to five depositions with document requests. The provisions of Section 1283.05 (except subdivision (e) thereof) of the California Code of Civil Procedure are incorporated by reference herein, except to the extent they conflict with this Agreement, in which case this Agreement is controlling. If the matter is heard by only one arbitrator, such arbitrator shall be a member of the State Bar of California or a retired judge. If the matter is heard by an arbitration panel, at least one member of such panel shall be a member of the State Bar of California or a retired judge.

The arbitrator or arbitrators shall decide all questions of law, and all mixed questions of law and fact, in accordance with the substantive law of the State of California to the end that all rights and defenses which either party may have asserted in a court of competent jurisdiction shall be fully available to such party in the arbitration proceeding contemplated hereby. The arbitrator and arbitrators shall set forth and deliver their findings of fact and conclusions of law with the delivery of the arbitration award. Judgment upon the award rendered shall be final and non-appealable and may be entered in any court having jurisdiction.

C. Attorneys' Fees. In the event of any legal action, arbitration, or proceeding arising out of an alleged breach of this Agreement, the party prevailing in such legal action, arbitration, or proceeding shall be entitled to recover reasonable attorneys' fees, expenses and costs, as well as all actual attorneys' fees, expenses and cost incurred in enforcing any judgment entered.

D. Authority. Each of the parties executing this Agreement warrants that persons duly authorized to bind each such party to its terms execute this Agreement.

E. Further Actions. The parties agree to execute such additional documents and take such further actions as may be necessary to carry out the provisions and intent of this Agreement.

F. Assignment. Neither this Agreement nor any of the rights or obligations hereunder may be assigned by either party without the prior written consent of the other party.

G. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

City of Malibu
Proposal for Economic Development and Public Funding Advisory October 13, 2025
Kosmont Companies 6 | P a g e
(424) 297-1070
www.kosmont.com
H. Entire Agreement; Amendments and Waivers. This Agreement contains the entire agreement between the parties relating to the transactions contemplated hereby and any and all prior discussions, negotiations, commitments and understanding, whether written or oral, related hereto are superseded hereby. No addition or modification of any term or provision of this Agreement shall be effective unless set forth in writing signed by both parties. No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision hereof (whether or not similar), nor shall such waiver constitute a continuing waiver of such provisions unless otherwise expressly provided. Each party to this Agreement has participated in its drafting and, therefore, ambiguities in this Agreement will not be construed against any party to this Agreement.

I. Severability. If any term or provision of this Agreement shall be deemed invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and in force to the fullest extent permitted by law.

J. Notices. All notices, requests, demands and other communications which may be required under this Agreement shall be in writing and shall be deemed to have been received when transmitted; if personally delivered, if transmitted by telecopier, electronic or digital transmission method, upon transmission; if sent by next day delivery to a domestic address by a recognized overnight delivery service (e.g., Federal Express), the day after it is sent; and if sent by certified or registered mail, return receipt requested, upon receipt. In each case, notice shall be sent to the principal place of business of the respective party. Either party may change its address by giving written notice thereof to the other in accordance with the provisions of this paragraph.

K. Titles and Captions. Titles and captions contained in this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit, extend or describe the scope of this Agreement or the intent of any provision herein.

L. Governing Law. The statutory, administrative and judicial law of the State of California (without reference to choice of law provisions of California law) shall govern the execution and performance of this Agreement.

M. Confidentiality. Each of the parties agrees not to disclose this Agreement or any information concerning this Agreement to any persons or entities, other than to their attorneys and accountants, or as otherwise may be required by law.

N. Counterparts. This Agreement may be executed in one or more counterparts, each of which constitutes an original, and all of which together constitute one and the same instrument. The signature of any person on a telecopy of this Agreement, or any notice, action or consent taken pursuant to this Agreement shall have the same full force and effect as such person's original signature.

O. Disclaimer. Consultant’s financial analysis activities and work product, which may include but is not limited to pro forma analysis and tax projections, are projections only. Actual results may differ materially from those expressed in the analysis performed by Consultant due City of Malibu
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to the integrity of data received, market conditions, economic events and conditions, and a variety of factors that could materially affect the data and conclusions. Client’s reliance on Consultant’s analysis must consider the foregoing.

Consultant services outlined and described herein are advisory services only. Any decisions or actions taken or not taken by Client and affiliates, are deemed to be based on Client’s understanding and by execution of this Agreement, acknowledgement that Consultant’s services are advisory only and as such, cannot be relied on as to the results, performance and conclusions of any investment or project that Client may or may not undertake as related to the services provided including any verbal or written communications by and between the Client and Consultant.

Client acknowledges that Consultant's use of work product is limited to the purposes contemplated within this Agreement. Consultant makes no representation of the work product's application to, or suitability for use in, circumstances not contemplated by the scope of work under this Agreement.

P. Limitation of Damages. In the event Consultant is found liable for any violation of duty, whether in tort or in contract, damages shall be limited to the amount Consultant has received from Client.

Q. Force Majeure. Consultant shall not be liable for failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by significant circumstances beyond its reasonable control, including, without limitation: epidemic; acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; riots; wide-spread power failures and wide-spread internet failure. Contractual performance and deadline(s) shall be extended for a period equal to the time lost by reason of the delay.

R. Expiration of Proposal for Services. If this Agreement is not fully executed by the parties within sixty (60) days from the date of this letter, this proposal shall expire.

S. Not an agreement for Legal Services or Legal Advice. This Agreement does not constitute an agreement for the performance of legal services or the provision of legal advice, or legal opinion. Client should seek independent legal counsel on matters for which Client is seeking legal advice.

City of Malibu
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VI. ACCEPTANCE AND AUTHORIZATION
If this Agreement is acceptable to Client, please execute two copies of the Agreement and return both originals to Kosmont Companies. Upon receipt of both signed contracts, we will return one fully executed original for your files. Kosmont will commence work upon receipt of executed Agreement.

Read, understood, and agreed to this
____ Day of _______________ 2025
City of Malibu Kosmont & Associates, Inc.
doing business as “Kosmont Companies”
By: _________________________ By: _________________________ (Signature) (Signature)
Name: Name: Larry J. Kosmont, CRE®
(Print Name)
Its: Its: Chairman & CEO
(Title)
City of Malibu
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www.kosmont.com

ATTACHMENT A
Kosmont Companies
2025 Public Agency Fee Schedule
Professional Services
Chairman & CEO $525.00/hour
President $425.00/hour
Sr. Vice President/Sr. Advisor/Sr. Managing Director $395.00/hour Vice President/Project Advisor $295.00/hour
Senior Project Analyst $205.00/hour
Project Analyst/Project Research $195.00/hour
Assistant Project Analyst/Assistant Project Manager $165.00/hour Project Promotion/Graphics/GIS Mapping Services $ 95.00/hour Clerical Support $ 80.00/hour
Additional Expenses
In addition to professional services (labor fees):
1) An administrative fee for in-house copy, fax, phone, postage costs, digital/technological support and related administrative expenses will be charged, which will be computed at four percent (4.0 %) of monthly Kosmont Companies professional service fees incurred; plus
2) Out-of-pocket expenditures, such as travel and mileage, professional printing, and delivery charges for messenger and overnight packages will be charged at cost. 3) Project/Market data sources for support of evaluation and analysis e.g., ESRI, Placer.ai, CoStar/STR, IMPLAN, ParcelQuest and other based on quoted project cost. 4) If Kosmont retains Third Party Vendor(s) for Client (with Client’s advance approval), fees and cost will be billed to Client at 1.1X (times) fees and costs. 5) Consultant’s attendance or participation at any public meeting, whether such participation is in person, digital, video and/or telephonic (e.g., City Council, Planning Commission, Public Agency Board, other) requested by Client and are beyond those specifically identified in the Scope of Work will be billed at the professional services (hourly) fees as shown on this Attachment A.
• Charges for Court/Deposition/Expert Witness-Related Appearances Court-related (non-preparation) activities, such as court appearances, depositions, mediation, arbitration, dispute resolution and other expert witness activities, will be charged at a court rate of

1.5 times scheduled rates, with a 4-hour minimum.

Rates Effective until December 31, 2025. For and during the term of the subject Agreement, the above referenced rates in each category will be increased, effective January 1, 2026, and annually thereafter, to reflect the adjustment in the CPI (U.S. Dept. of Labor, Bureau of Labor Statistics) All Cities Average Consumer Price Index for the prior year. As an example, the US City Average Consumer Price Index (CPI-U) for January 2025 was 317.671, representing a change of

3.0 percent over the index for January 2024.

Agenda Item # 1.B.10.

Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Kristin Riesgo, Community Services Director Approved by: Richard Rojas, Deputy City Manager
Date prepared: November 5, 2025 Meeting date: November 10, 2025 Subject: Federal Transit Administration Section 5310 Grant Program RECOMMENDED ACTION: Adopt Resolution No. 25-53, approving the authority to file for grant funding through the Federal Transit Administration (FTA) Section 5310 Grant Program.

FISCAL IMPACT: No additional appropriation is required. Funding for these services was included in the Adopted Budget for FY 2025-26 in the amount of $567,468 in Account No. 203-3009-5145-00 (Proposition A Transportation Services – Dial-A-Ride Services). Grant funds obtained through the FTA Section 5310 Grant Program(“FTA Section 5310”) will offset general fund expenses for the Dial-A-Ride program.

STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2024-25 Strategic Priority Project List. Staff continue to work on ongoing projects and normal business while the FY 2025-26 Strategic Priority Plan is finalized.

DISCUSSION: FTA Section 5310 administers a competitive grant program to enhance and offer mobility options for seniors and individuals with disabilities. FTA has allocated $10.75M for this grant program, which aims to remove transportation service barriers, expand transportation services, and provide mobility options for both seniors (age 65 and older) and individuals with disabilities across Los Angeles County.

The Community Services Department will use the grant funds to offset the cost of transportation service offered through the Dial-A-Ride program. The program is coordinated through the Malibu Senior Center and provided by RTW Management, a City contractor.

ATTACHMENTS: Resolution No. 25-53
City Council Meeting
11-10-25
Item

1.B.10.

RESOLUTION NO. 25-53

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

APPROVING THE AUTHORITY TO FILE AN APPLICATION FOR GRANT

FUNDS THROUGH THE FEDERAL TRANSIT ADMINISTRATION SECTION 5310 GRANT PROGRAM
The City Council of the City of Malibu does hereby find, order, and resolve as follows:

SECTION 1. Recitals.

A. Los Angeles County Metropolitan Transportation Authority administersthe Federal Transit Administration (FTA) Section 5310 Grant Program to eligible subrecipient public agencies and organizations within Los Angeles County.

B. The goal of the Section 5310 Program is to improve mobility for seniors (age 65 and older) and individuals with disabilities by removing barriers to transportation services and expanding mobility options across Los Angeles County.

C. An award of grant funds from the Section 5310 Program will benefit the Malibu community by offsetting costs of the Dial-a-Ride Program.

SECTION 2. The City Council authorizes staff to file an application for grant funds through the Federal Transit Administration Section 5310 Grant Program. The City Manager, or designee, is hereby authorized and empowered to execute in the name of the City of Malibu all grant documents, including but not limited to, applications, agreements, amendments and payment requests, necessary to secure grant funds and implement the approved grant project. This authorization is effective until rescinded by the Signature Authority or the City Council.

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

PASSED, APPROVED, and ADOPTED this __th day of ____ 2025. _____________________________
MARIANNE RIGGINS, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
____________________________
TREVOR RUSIN, Interim City Attorney

Agenda Item # 1.B.11.

Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Cynthia Alba, Management Analyst
Approved by: Richard Rojas, Deputy City Manager
Date prepared: October 28, 2025 Meeting date: November 10, 2025 Subject: Appropriation for Community Brigade and Malibu Education Foundation Deferred General Fund Grants
RECOMMENDED ACTION: Appropriate a $315,000 grant to the Malibu Education Foundation (City Council Community Grants – Malibu Education Foundation - 100-7001- 5930-02) and a $100,000 grant to the Community Brigade (City Council Community Grants 100-7001-5930) both of which are to be paid in two installments one upon agreement execution and another in January of 2026.

FISCAL IMPACT: Funding for these grants was not included in the Adopted Budget for FY 2025-26. An appropriation of $415,000 is required from General Fund Undesignated Reserve. The General Fund Undesignated Reserve is projected at $51.8 million for the year ending June 30, 2026.

STRATEGIC PRIORITY: This item was not included in the Adopted FY 2024-25 Strategic Priority Project List. At the Council’s direction, this project can be brought back at a future Strategic Planning meeting for prioritization.

DISCUSSION: On June 23, 2025, the City Council adopted the Fiscal Year 2025-26 Budget, which included the approved General Fund Grant allocations. The City Council appropriated $192,500 out of the $200,000 available funding for the General Fund Grant Program. On October 8, 2025 the City Council approved the Administration and Finance Subcommittee’s recommendation of awarding two grants, $100,000 for the Community Brigade and $315,000 for the Malibu Education Foundation, both of which are to be paid in two installments one upon agreement execution and another in January of 2026.

ATTACHMENTS: None
City Council Meeting
11-10-25
Item

1.B.11.

Agenda Item # 5.A.

Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Nicholas Sanchez, Interim Management Analyst Reviewed by: Richard Rojas, Deputy City Manager
Approved by: Candace Bond, City Manager
Date prepared: October 20, 2025 Meeting date: November 10, 2025 Subject: Procurement Standards Update to Increase City Manager’s Purchasing Authority and Small Purchase/Open-Market Limits RECOMMENDED ACTION: 1) After the City Attorney reads the title, introduce on first reading Ordinance No. 529, an ordinance amending Malibu Municipal Code Sections

2.56.070, 2.56.110, and 2.56.12, increasing the City Manager’s purchasing authority from $25,000 to $60,000 and raising the small purchase/open-market purchases procedure from $5,000 to $10,000 in line with rate of inflation; 2) Adopt Resolution No. 25-52 approving the Procurement Standards Policy and repealing Resolution No. 18-36; and 3) Direct staff to schedule second reading and adoption of the ordinance for the November 24, 2025 Regular City Council meeting.

FISCAL IMPACT: The increase to the City Manager’s purchasing authority from $25,000 to $60,000 and raising the small purchase/open-market purchases procedure from $5,000 to $10,000 is not expected to have a direct fiscal impact on the City’s budget. All expenditures will continue to be subject to existing budgetary constraints, internal controls, and procurement procedures.

STRATEGIC PRIORITY: This item was not included in the Adopted FY 2024-25 Strategic Priority Project List.

DISCUSSION:

Following an internal review of the City’s recent disaster recovery efforts, staff identified limitations in the City Manager’s current purchasing authority as a barrier to timely response and recovery. The existing threshold of $25,000, unchanged since Malibu’s City Council Meeting
11-10-25
Item

5.A.

Agenda Item # 5.A.
incorporation in 1991, has proven restrictive during emergency situations and routine operations.

City staff conducted a comparative analysis of purchasing authority levels in The Las Virgenes-Malibu Council of Governments cities and cities with a similar population and budget structure. The findings indicate that Malibu’s threshold is significantly lower than those of peer municipalities.

The table below illustrates the city manager’s purchasing authority across comparable cities based on population, budget, or geographic proximity.

City FY25-26 Estimated
Adopted Expenditures
Population City Manager
Purchasing Authority
City of Agoura Hill $20,853,000.00 19,000 ≤$25,000
City of Calabasas $67,229,000.00 22,000 ≤$60,000
City of Dana Point $67,889,000.00 32,000 ≤$35,000
City of Hidden Hills $4,566,000.00 1,600 ≤$10,000
City of Laguna Beach $162,105,000.00 23,000 ≤$75,000
City of Malibu $110,319,000.00 10,000 ≤$25,000
City of Manhattan
Beach $193,134,000.00 33,000 ≤$75,000
City of Menlo Park $77,541,000.00 33,040 ≤$93,000
City of San Rafael $163,777,000.00 60,000 ≤$100,000
City of Santa Monica $911,959,000.00 91,000 ≤$250,000
City of Thousand Oaks $117,707,000.00 124,000 ≤$75,000
City of Westlake Village $26,568,000.00 7,600 ≤$25,000
Note: Budget and population figures are rounded to the nearest thousand.

Additionally, when adjusted for inflation, the original $25,000 City Manager purchasing authority established in 1991 equates to approximately $60,000 today. Similarly, the original $5,000 threshold for small purchase/open-market purchases procedure equates to approximately $10,000 today.

At its meeting on Monday, October 20, the Administration and Finance Subcommittee recommended that the Malibu City Council adopt the ordinance amendment and update the Procurement Standards Policy to increase the City Manager’s purchasing authority from $25,000 to $60,000 and raise the small purchase/open-market purchases procedure from $5,000 to $10,000 in line with rate of inflation.

ALTERNATIVES:
• Approve alternative changes to the purchasing authority and small purchase/open market purchase procedure as determined by the City Council.

Agenda Item # 5.A.

ATTACHMENTS:

1. Ordinance No. 529 - Ordinance Increasing Purchasing Authority and Small Purchase/Open-Market Purchases Procedure

2. Resolution No. 25-52 - Procurement Standards Policy Update ORDINANCE NO. 529

AN ORDINANCE OF THE CITY OF MALIBU AMENDING MALIBU
MUNICIPAL CODE SECTIONS 2.56.070, 2.56.110, AND 2.56.120 INCREASING

THE PURCHASING AUTHORITY OF THE CITY MANAGER AND RAISING

THE SMALL PURCHASE/OPEN-MARKET PURCHASES PROCEDURE
The City Council of the City of Malibu does ordain as follows:

SECTION 1. Amendments
A. Section 2.56.070 of the Malibu Municipal Code is amended to read as follows:
“A. The purchasing officer is authorized to issue purchase orders and award contracts for supplies or services where the cost thereof does not exceed $60,000.

B. Contracts or purchase orders for supplies or services involving a cost in excess of $60,000 must be approved or awarded by the city council.

C. Notwithstanding subsections A and B of this section or any other provision of this chapter, the purchasing officer may purchase supplies or services having a cost in excess of $60,000 in the event of emergency requiring the immediate preservation of the public peace, health or safety, and precluding action by the city council. In such instances, the purchasing officer shall submit to the city council at its next succeeding meeting a written report describing the circumstances of the emergency, the supplies or services purchased, and the cost thereof.” B. Section 2.56.110 of the Malibu Municipal Code is added to read as follows:

The purchase of supplies or services having a cost of less than $10,000 can be made without a purchase order by the purchasing officer or other employee of the city having authorization from the purchasing officer to do so. A petty cash fund can be used for such purchases.

C. Section 2.56.120 (a) & (b) of the Malibu Municipal Code is added to read as follows:

A. Purchases of supplies or services having a cost of $10,000 or more but less than $25,000 may be made in the open market without formal competitive bidding procedures, if authorized by either the purchasing officer or the city council as provided in Section 2.56.070 of this chapter.

B. Open market purchases involving a cost of $10,000 or more shall, whenever possible, be based upon at least three informal price quotations and shall be awarded on the basis of the price quotation most advantageous to the city. The purchasing officer may solicit price quotations either orally or in writing, or may utilize price information on file with the city or available elsewhere.

Ordinance No. 529

____________________
SECTION 2. The City Clerk shall certify the adoption of this ordinance.

PASSED, APPROVED AND ADOPTED this ____ day of ____ 2025. ____________________________
MARIANNE RIGGINS, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
Date: _________________________
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
RESOLUTION NO. 25-52

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU APPROVING

THE PROCUREMENT STANDARDS POLICY AND REPEALING RESOLUTION NO. 18-36.

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

SECTION 1. The City Council finds that updates to the Procurement Standards Policy are necessary to align with the Malibu Municipal Code, current best practices, and keep up with inflation. These updates include raising the threshold for requiring a purchase order under the Small Purchase/Open-Market Purchases Procedure from $5,000 to $10,000, ensuring consistency with the ordinance amendment increasing the City Manager’s purchasing authority to $60,000.

The revised policy continues to comply with applicable local, state, and federal procurement requirements.

SECTION 2. The City Council hereby approves the Procurement Standards Policy, hereby attached as Exhibit A.

SECTION 3. Resolution No. 18-36 is hereby repealed.

SECTION 4. The City Clerk shall certify the adoption of this resolution and shall cause the same to be processed in the manner provided by law.

PASSED, APPROVED, and ADOPTED this 24th day of November 2025. _____________________________
MARIANNE RIGGINS, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney

CITY OF MALIBU
Procurement Standards Policy
Adopted: TBD

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1 PURPOSE
To comply with the Malibu Municipal Code sections 2.56 “Purchasing System” and 2.60 “Informal Bidding on Public Works Projects” for the procurement of services, supplies, material, or labor, including capital improvements projects, and to implement changes necessary to conform with the federal procurement requirements set forth in the Office of Management and Budget’s Uniform Guidance codified at 2 CFR Sections 200 et seq.

OBJECTIVE
• To ensure the City’s existing procurement policies incorporate and comply with local ordinances and state and federal regulations. • To ensure all procurement solicitation clearly and accurately describe the City’s minimum requirements and to assure the quality of supplies and services purchased by the City.
• To monitor contractors to ensure they perform in accordance with the terms, conditions, and specifications of their contracts and/or purchase orders. • To have written policies about conduct of City’s employees involved in the selection, award, and administration of contracts.
• To detail the City’s conflict of interest policies to prevent unfair or noncompetitive awards being provided and include disciplinary actions for any violations of the conflict-of-interest standards.
• To make the most efficient and effective approach to purchases, avoid unnecessary or duplicative purchases, and to utilize intergovernmental contracts when appropriate
• To maintain documentation to support the history of the procurement and explain the procurement methodology, including contractor selection or rejection and the basis for contract price.

DEFINITIONS
For the purposes of this Policy, the following words and phrases shall have the meanings respectively ascribed to them by this section, unless the context or the provision clearly requires otherwise:
“Brand name” means a product, item or material described by reference to its manufacturer’s name or catalogue number.

CITY OF MALIBU
Procurement Standards Policy
Adopted: TBD

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2 “Brand name or equal specification” means a contract or purchase order specification containing a brand name to describe the nature, standard of quality, performance, and other characteristics needed to meet the City’s requirements, and which provides for the submission of equivalent products. “Cost,” as applied to a single transaction for the purchase of supplies or services, means the total amount to be expended by the City, exclusive of sales or use taxes.
“Services” means and includes labor, professional services and consulting services. Services shall not include incidental labor such as set-up, testing, and maintenance of supplies where the primary purpose is to purchase the supplies. “Supplies” means and includes all materials, supplies, equipment, products, and other items of tangible personal property.

POLICY
I. Exclusions
Pursuant to MMC section 2.56.030, the types of transactions described below are excluded from the provisions of this City’s Purchasing System:
• The award of contracts for public projects governed by the provisions of the California Public Contract Code or the provisions of the City’s informal bidding ordinance contained in MMC section 2.60; • The award of contracts governed by any state or federal law which prescribes a different procedure;
• The granting by the City of franchises, rights, privileges, licenses or permits;
• The purchase of utilities, including, but not limited to, electricity, water, gas, or telephone service;
• Employment contracts or collective bargaining agreements with any employees of the City;
• The purchase of insurance, including coverage provided by any selfinsurance pool in which the City is a participant; • The extension or renewal of any existing contract for technical or professional services to be performed by consultants, unless the City Council elects to award a new contract pursuant to this Policy;

CITY OF MALIBU
Procurement Standards Policy
Adopted: TBD

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3 • Contracts for technical or professional services to be performed by consultants, where the cost thereof will be paid in advance by a person applying to the City for a permit, license or other approval; • Contracts for educational, recreational, travel, or entertainment services furnished by independent contractors or consultants, where the total cost thereof is paid by the persons utilizing the services; • Contracts for supplies or services to be furnished by any other public agency;
• The purchase of supplies or services made in compliance with the terms and conditions of any grant, gift or bequest to the City that is otherwise consistent with law.

II. Centralized Purchasing System—Purchasing Officer
Except as otherwise provided by this section, all purchases of supplies and services shall be centralized under the Purchasing Officer. The City Manager is appointed as the Purchasing Officer for the City and Officer shall have authority to:
• Procure or supervise the procurement of all supplies and services needed by the City, in accordance with the procedures prescribed in this Policy and any administrative rules and regulations as may be adopted by the Purchasing Officer pursuant hereto;
• Exercise direct supervision over the City’s central stores and general supervision over all other inventories of supplies belonging to the City; • Establish or supervise the establishment of specifications for supplies and services required by the City;
• Inspect or supervise the inspection of all supplies purchased by the City to insure quality, quantity, and conformance with the minimum specifications, and require any tests necessary to determine quality and conformance with specifications;
• Prepare and adopt administrative rules and regulations not in conflict with the provisions of this Policy and all applicable laws for the purpose of implementing the purchasing system established hereunder; and • Sell, trade or otherwise dispose of surplus supplies, in accordance with the provisions of this Policy and all applicable laws.

The Purchasing Officer may authorize any department head to investigate, solicit bids, or negotiate the purchase or award of contracts for or services independently of the centralized purchasing system, provided that all such

CITY OF MALIBU
Procurement Standards Policy
Adopted: TBD

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4 actions shall be done in conformity with the procedures prescribed by this Policy or by duly adopted administrative rules and regulations pertaining thereto.

The City Council may, by resolution, delegate the authority of the Purchasing Officer to the subordinate of the City Manager responsible for the financial management of the City.

III. Contracting with Small Businesses, Minority-owned Businesses, Women-owned Businesses, and Labor Surplus Area Firms
The procurement standards also emphasize contracting with small businesses, minority-owned businesses, women-owned business enterprises, and labor surplus area firms, as defined below. (2 CFR § 200.321.) The City must use these firms when possible. Methods for inclusion include placing these businesses on the vendor list, soliciting pricing from them when they are potential sources, breaking up projects or orders into smaller tasks to permit participation by these firms or requiring contractors to follow these guidelines for subcontracts.

Generally, the Small Business Administration defines a small business as one that is independently owned and operated, is organized for profit, and is not dominant in its field. “Small business” is more precisely defined by the size standards established for different types of economic activity or industry; these size standards are updated annually in the Federal Register. (13 CFR § 121.101.) Certification is required.

Minority-owned businesses are for-profit enterprises, regardless of size, owned, operated and controlled by someone who is either Asian, Black, Hispanic and Native American. (40 CFR § 33.103.) Ownership and control are specifically defined in 13 CFR 124.105 and 13 CFR 124.106, respectively. Certification is required.

Women-owned business enterprise is a business concern which is at least 51% owned or controlled by women. (40 CFR § 33.103.) Certification is required.

Labor surplus area firms are business that, together with first-tier subcontractors, will substantially perform in labor surplus areas. (40 CFR §

33.103.) The list of civil jurisdictions that qualify as labor surplus areas is published each year by the Department of Labor’s Employment and Training Administration. (See 20 CFR part 654.)

CITY OF MALIBU
Procurement Standards Policy
Adopted: TBD

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5 METHODS OF PROCUREMENT
As described below, the five procurement methods provided for in this Policy are contingent on the cost of the item(s) being purchased. Documentation must be kept to support any procurement methodology or decision, e.g., maintain printouts of internet searches for quotes or documenting in a memo the reasons for acceptance or rejection of bidders in sealed bids or competitive proposals.

I. Micro-Purchase Procedure
The “Micro-purchase” procedure is the method used to expedite the completion of its lowest-dollar, small purchase transactions and to minimize the associated administrative burden and cost. A micro-purchase is one in which the aggregate dollar amount does not exceed the threshold defined in OMB’s Uniform Guidance. (See 2 CFR § 200.320(a).) Micro-purchases can be made by the Purchasing Officer or other authorized City employee without a purchase order, cost or price analysis, or bid if management determines that the price is reasonable. A petty cash fund can be used for such micro-purchases. The Purchasing Officer must sign the invoice as confirmation of receipt of supplies, materials or services and approval of the expense amount.

II. Small Purchases/Open-Market Purchases Procedure
A “small purchase” is the procedure for making purchases above the micro-purchase threshold, but below the Simplified Acquisition Threshold, as defined in OMB’s Uniform Guidance. (2 CFR § 200.320(b).) The method is meant to be simple and informal, and must be authorized by either the Purchasing Officer or the City Council as provided in MMC section 2.56.070.

Price or rate quotes must be obtained from an adequate number of qualified sources, but no cost or price analysis is required. Quotes may be obtained from a variety of simple sources (internet search, vendor price listing, verbal quotes, etc.), and a purchase order may be required. Whenever possible, any purchase involving a cost of ten thousand dollars ($10,000) or more shall be based upon at least three informal price quotations and shall be awarded on the basis of the price quotation most advantageous to the City. The Purchasing Officer may solicit price quotations either orally or in writing, or may utilize price information on file with the City or available elsewhere.

Purchase Orders. Notwithstanding the “Small Purchases” provision within this Policy, purchases of supplies or services having a cost of ten thousand

CITY OF MALIBU
Procurement Standards Policy
Adopted: TBD

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6 dollars ($10,000) or more shall be made only by purchase orders signed by the Purchasing Officer or their designee. Nothing herein shall preclude the use of authorized petty cash funds for purposes intended by their establishment.

However, purchase orders may be issued regardless of amount when required by the vendor or when the complexity of the contract demands a formal document. Purchases or vendor contracts of $60,000 or more are approved by the City Council. Prior to year-end, Finance staff shall review all the purchase orders to be closed or carried over to the new fiscal year. (MMC § 2.56.050.) Availability of Funds. Except in case of an emergency, the purchasing officer shall not issue any purchase order for supplies or services unless there exists an unencumbered appropriation in the fund account against which such purchase is to be charged. The appropriate account and funds shall be encumbered immediately after the issuance of the purchase order. (MMC §

2.56.060.)
Authorization for Purchase Orders and Contracts—Emergencies. The Purchasing Officer is authorized to issue purchase orders and award contracts for supplies or services where the cost thereof does not exceed sixty thousand dollars ($60,000). Contracts or purchase orders for supplies or services involving a cost in excess of sixty thousand dollars ($60,000) must be approved or awarded by the City Council.

Notwithstanding subsections A and B of this section or any other provision of this Policy, the Purchasing Officer may purchase supplies or services having a cost in excess of sixty thousand dollars ($60,000) in the event of emergency requiring the immediate preservation of the public peace, health or safety, and precluding action by the City Council. In such instances, the Purchasing Officer shall submit to the City Council at its next succeeding meeting a written report describing the circumstances of the emergency, the supplies or services purchased, and the cost thereof. (MMC § 2.56.070.)
III. Sealed Bids
A. Formal Bidding Procedure
Pursuant to MMC section 2.56.140 and 2 CFR section 200.320(c), the following method shall be followed for Sealed Bids/Formal Bidding Procedure:

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7 Notice Inviting Bids. Notices inviting bids shall include a general description of the supplies or services to be purchased, the place where bid forms and specifications can be obtained, the time and place for opening bids, whether a bid deposit or bond will be required, and whether a performance bond will be required. The notice shall be published at least once, not less than ten (10) days prior to the date set for final receipt of bids, in a newspaper having general circulation in the City, and shall be posted at the City Hall location used for the posting of legal notices. Notices shall also be sent to persons who have submitted a written request to the City to be notified of such bidding opportunities, and notices may be sent at the discretion of the purchasing officer to any additional persons.

Bidder’s Security. When deemed necessary by the purchasing officer, bids shall be accompanied by a bidder’s security in the form of a cashier’s check, certificate of deposit, money order, or unconditional an irrevocable letter of credit, payable at sight to the City, or a surety bond in favor of the City, in such amounts as determined by the purchasing officer to be adequate for protection of the City’s interests. Bidders shall be entitled to return of their bid security. A successful bidder shall forfeit his or her bid security upon failure or refusal to execute a contract within ten (10) days after mailing the notice of the award, unless the City is responsible for the delay. The City Council may, on failure or refusal of the successful bidder to execute the contract, award it to the next lowest responsible bidder, in which event, the lowest bidder’s security shall be applied by the City first to the difference between the low bid and the second lowest bid, then toward payment of any other costs, expenses or damages incurred by the City as a result of such failure or refusal, and the balance of the security, if any, shall be returned to the lowest bidder.

Bid Opening Procedure. Sealed bids shall be submitted to the purchasing officer and shall be identified as bids on the envelope. Bids received after the deadline for submitting the same shall not be accepted and shall be returned to the bidder unopened. The bids shall be opened in public at the time and place stated in the public notice. All opened bids shall be available for public inspection during regular business hours from the time of bid opening until the contract has been awarded by the City Council.

Rejection of Bids. If, in the opinion of the City Council, none of the bids is satisfactory, the Council may reject all bids and either purchase the supplies or services in the open market or re-advertise for new bids.

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8 Award of Contract. Except as otherwise provided herein, a contract shall be awarded to the lowest responsible bidder, taking into consideration the criteria listed in MMC section 2.56.090.

Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if a delay for re-advertisement would not be in the public interest, the City Council may accept the bid it chooses or it may accept the lowest bid made by negotiation with the tie bidders at the time of the bid opening.

Performance Bond. The City Council may require that a performance bond be furnished before entering into a contract with a successful bidder. The performance bond shall be in a form satisfactory to the City Attorney. The performance bond amount will be satisfactory to the purchasing officer and in compliance with the contract specifications.

Waive Irregularities. The City Council may waive any minor irregularities in the bids, based upon a determination that the same have no material impact upon the bidding process or other bids submitted.

No Bids. If no bids are received in response to the notice inviting bids, the City Council may proceed to purchase the supplies or services without further competitive bidding.

Exceptions to the Seal Bids/Formal Bidding Procedure. A contract for the purchase of supplies or services involving a cost of twenty-five thousand dollars ($25,000) or more may be awarded by the City Council without competitive bidding in each of the following cases:
i. Where the City Council determines that the immediate preservation of the public peace, health or safety requires the purchase to be made without competitive bids;
ii. Where the supply or service required by the City can only be obtained from a single source;
iii. Where the contract is for specialized or professional services such as, but not limited to, services rendered by architects, engineers, attorneys, appraisers, geologists, and other specialized consultants; iv. Where the City Council determines that use of the competitive bidding process is impracticable or impossible, or would not be likely to result in a lower price to the City from a responsible bidder, or would cause unnecessary expense or delay under the circumstances;

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9 v. Where the City Council utilizes the request for proposal method of purchase, as set forth in MMC section 2.56.150.

B. Informal Bidding Procedure for Public Works Projects Pursuant to MMC section 2.60, the following method shall be followed for Sealed Bids/Informal Bidding Procedure for Public Works Projects.

Definition. In addition to the definitions provided in this Policy, additional definitions provided in MMC section 2.60.020 apply to the Informal Bidding Procedure for Public Works Projects.

Applicability. This Procedures applies to public projects with a cost in excess of the dollar amount specified in Public Contract Code section 22032(a), but not exceeding the dollar amount specified in Section 22032(b). Any public project with a cost less than the dollar amount specified in Section 22032(a) may be performed by the employees of the city by force account, by negotiated contract, or by purchase order as authorized by Section 22032(a), unless the City Council shall specifically direct that the provisions of this chapter be followed with respect to such project.

The provisions of this chapter shall in no way restrict the right of the city to perform all necessary repair or replacement work in cases of great emergency, without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts, as authorized by and in accordance with the procedures set forth in of the Public Contract Code Section 22035.

List of Qualified Contractors. The City shall maintain a list of qualified contractors, identified according to categories of work. The list shall be developed and maintained in compliance with such minimum requirements as may be specified from time to time by the Commission. The public works director is designated as the City official having primary responsibility for preparation and maintenance of the list of qualified contractors.

Notice Inviting Informal Bids. Where public project is to be performed which is subject to the provisions of this Policy, the public works director shall mail a notice of work to be bid to the List of Qualified Contractors, as described in MMC section 2.60.040, and to all construction trade journals for the category of work as determined by the commission pursuant to Public Contract Code section 22036.

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10 All mailing of notices to contractors and construction trade journals pursuant to subsection A of this section shall be completed not less than ten (10) calendar days before bids are due.

The notice inviting informal bids shall describe the public project in general terms, shall indicate the name, address and telephone number of the person from whom detailed information concerning the project can be obtained, and shall state the time and place for the submissions of bids.

If there is no existing list of qualified contractors maintained by the City for the particular category of work to be performed, the notice inviting informal bids shall be sent only to the construction trade journals specified by the commission.

If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.

Award of Contracts. Contracts on which informal bids have been obtained shall be awarded in accordance with the same policies and standards customarily followed by the City for public projects requiring formal bids. For contracts based on informal bids, in particular, consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. (2 CFR § 200.318(h).) The City Council may, by resolution, delegate to the City Manager or the public works director or other designated employee of the City the authority to award any particular contract for which informal bids will be obtained.

IV. Competitive Proposal/Request for Proposals Procedure This procedure is normally conducted with more than one source submitting an offer, and either a fixed price or cost-reimbursement type contract is awarded. (2 CFR § 200.320(d).) Pursuant to MMC section 2.56.150, the City Council may utilize this method of purchasing supplies or services upon a determination that competitive bidding is not practical or advantageous to the city because:
• Quality, capability, performance or qualification is overriding in relation to price;
• Delivery, installation, service, maintenance, reliability or replacement is overriding in relation to price; or

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11 • In the opinion of the City Council, the marketplace will respond better to a solicitation permitting a range of alternative proposals or evaluation and discussion of proposals before entering the contract.

Requirements. Proposals shall be solicited in such manner as directed or approved by the City Council, but must be solicited from and adequate number of qualified sources. The identity of persons responding to the request for proposals and the content of proposals submitted to the city may be kept confidential during the process of negotiation and until a contract is awarded.

Requests for Proposals must be publicized and identify all evaluation factors and their relative importance. Discussions may be conducted with responsible offerors and revisions to proposals, based upon such discussions, may be accepted. Any response to publicized requests for proposals must be considered to the maximum extent practical.

The contract award shall be based upon the proposal determined by the City Council to be most advantageous to the city, taking into consideration price and the evaluation factors set forth in the request for proposals.

The City Council may reject any and all proposals if such rejection is deemed to be in the best interests of the city. The Council may thereupon direct that proposals be solicited or utilize any other purchasing method set forth in this Policy.

V. Noncompetitive Proposal/Sole Source Procedure
Procurement by noncompetitive proposal is used when the items are only available from a single source. (2 CFR § § 200.320.) One or more of the following circumstances must apply:
• Item is available from only one source
• Public emergency will not permit a delay resulting from competitive solicitation
• Awarding agency has expressly authorized a noncompetitive process, or after solicitation of a number of sources
• After solicitation of a number of sources, competition is deemed inadequate

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12 Sole Source Justification. Under the OMB’s Uniform Guidance (2 CFR § 200.320), when a purchase is made under this exception, a written justification is required and must be maintained with the procurement records. The justification must answer the following questions:
• Why is this purchase necessary? Explain why this contract could not be competitively bid.
• Why was this vendor selected? Does the City have prior experience with the vendor? Is the service to be provided unique or proprietary in nature?
• How was a fair price established? Provide details and supporting documentation about the vendor’s competitors and pricing. • What would happen if this exception was not approved? Clarify ramifications of not taking action, including the delay involved in the formal bidding procedure.

Use of Brand Names. Pursuant to MMC section 2.56.080, the Purchasing Officer may determine that an article of a specified brand or trade name is the only article that will properly meet the needs of the City. Specifically, brand name or equal specifications may be used when the Purchasing Officer determines one of the following:
a. No other design or performance specification or products list is available; or
b. Time does not permit the preparation of another form of purchase description which does not include a brand name specification; or c. The nature of the product or the nature of the city’s requirements makes use of a brand name or equal specification suitable for the procurement; or
d. Use of a brand name or equal specification is in the city’s best interests.

Where a brand name or equal specification is used in a solicitation, the solicitation shall state that substantially equivalent products to those designated will be considered for award. Additionally, the solicitation shall contain explanatory language that the use of a brand name is for the purpose of

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13 describing the standard of quality, performance and characteristics desired and is not intended to limit or restrict competition.

CONFLICTS OF INTEREST
Pursuant to City Administrative Guideline No. 3.4.1, no City employee, officer, or agent may participate in the selection, award, or administration of a contract if he or she has a real or apparent conflict of interest. (See also 2 CFR § 200.318 (c).) Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

The City requires full disclosure for the positions which participate in making decisions that may foreseeably have a material effect on financial interests. (City Resolution No. 18-12.) These “designated positions” must file Statement of Economic Interests with the City Clerk. The City Clerk will perform the duties of filing officer for the City of Malibu and will maintain the original filings in the City Clerk’s office. Full Disclosure includes all interests in real property in the City of Malibu, as well as investments, business positions, and sources of income, including gifts, loans, and travel payments.

The following are examples of conduct that the City deems to be conflicts of interest and as such are prohibited:

Favoritism. No employee shall engage in any transactions or have any personal or financial interest, direct or indirect, which would lead the objective, reasonable person to believe the independence of judgment or action in the performance of official duties is or could be impaired.

Incompatibility. Engaging in private employment or rendering services for private interests when incompatible with the proper discharge of official duties; Judgment. Engaging in activities that give the appearance that independence of judgment or actions in the performance of official duties are or could be impaired.

Improper Use of Position. Without legal authorization, using official influence, insignia of office or disclosing information, either confidential or not generally known or readily available to the public, concerning the property or

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14 business of the City for the purpose of furthering or influencing any private interest.

Influence. Appearing on behalf of or attempting to influence any unit, committee or official body of the City for the benefit of any private interest except for appearances by the employee as a member of the general public for selfrepresentation on matters related solely to his or her personal interests.

Personal Financial Gain. Knowingly participate in any City decision that could affect his or her personal or financial interests. Upon learning of a possible conflict pursuant to this paragraph, the employee must immediately make such facts known to his or her supervisor and/or the Administrative Services Director.

Gifts and Favors. Soliciting or accepting, in the course of employment, directly or indirectly for the employee's personal use, any gift, gratuity, favor, discount not available to all City employees; entertainment, loan, or other things of value. (See the City’s Administrative Guideline on Acceptance of Gifts.) A. Conflicts of Interest and Consultants
Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The City Manager may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination must include a description of the consultant’s duties and, based upon the description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and must be retained for public inspection in the same manner and location as this Conflict of Interest Code.

B. Disciplinary Action
Prior to the suspension, demotion, reduction in pay, or termination of a regular employee for disciplinary purposes (“disciplinary action”), the City will comply with the procedure set forth in City Administrative Guideline No. 3.5.1. A conflict of interest by a City employee could result in any of the following disciplinary actions including, but not limited to:
• failure to perform or properly perform assigned duties; • violation of administrative policies and procedures or these Rules;

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15 • insubordination;
• excessive tardiness;
• unauthorized absence from employment;
• abuse of leave privileges;
• acceptance of money or favors from anyone for the performance of any act which is required or expected during the performance of regular City duties;
• falsification of an application for employment or of any other information provided to the City;
• use of employee's official position or of the City's time, facilities, equipment or supplies for personal gain or advantage;
• disclosure of confidential information acquired by or available to the employee in the course of employment with the City, or use of confidential information for personal gain;
• reporting for work, or being at work under the influence of or in possession of alcohol or non-prescribed controlled substances; or being at work in possession of non-prescribed controlled substances; • conviction of a felony, or conviction of a misdemeanor relating to the employee's fitness to perform assigned duties;
• theft or improper use of City funds or property;
• failure to work satisfactorily with other employees or the public in a responsible and courteous manner; or
• sexual harassment or other unlawful harassment of another employee or a member of the public.

For additional information and guidance on Conflicts of Interest, refer to the City’s Administrative Guideline No. 3.4.1 “Employee Conduct, Ethical Standards, & Conflict of Interest”.

RECYCLED PAPER
The Purchasing Officer shall establish and maintain procedures and specifications for the purchase of paper and paper products which give preference to the purchase of recycled paper and paper products containing recycled paper, whenever such products are available at no more than the total cost of unrecycled paper and paper products and when fitness and quality are equal. Additionally, the purchasing officer may provide a preference to the suppliers of recycled paper or paper products equal to five percent of the lowest bid or price quoted by suppliers offering unrecycled paper or paper products.

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16 The term “recycled paper,” as used in this section, shall have the same meaning as defined in Public Contract Code section 10391.

JOINT PURCHASE WITH OTHER AGENCIES
Notwithstanding any other provision of this Policy, the Purchasing Officer may issue a joint purchase order together with any other city, county, or public agency in the state for the purchase of supplies or services. The specifications for such supplies or services shall have been approved by the Purchasing Officer if the cost thereof is less than sixty thousand dollars ($60,000), or by the City Council if the cost thereof is sixty thousand dollars ($60,000) or more. At least one of the other agencies shall have solicited or advertised for bids in a manner similar to the applicable procedures set forth in this Policy.

DISPOSAL OF PERSONAL PROPERTY
The Purchasing Officer shall have authority to dispose of personal property of the City which cannot be used by any department or has become obsolete or worn out. The disposition may be accomplished by negotiated sale, public auction, exchange or trade-in for other supplies or, upon a determination by the purchasing officer that the property has no commercial value, by abandonment, destruction or donation to a public body or a nonprofit charitable or civic organization. The disposition of any property having a value of five hundred dollars ($500) or more shall first be authorized by the City Council. All surplus property shall be sold or donated on an “as-is” basis. Sale of surplus property shall first be offered for purchase to City employees and residents of Malibu. Property offered for sale to the general public shall be done through a bid process. If no bids are received, other methods of disposal as determined by the purchasing officer shall be employed.

PURCHASING WITH A CITY CREDIT CARD
Credit cards should never be used to circumvent established competitive purchasing procedures. (City Administrative Guideline No. 6.2.) This means no purchases for goods or services should be made in excess of $25,000 that would otherwise require competitive bidding. Credit cards may be used in paying for travel expenses; however, the City’s Travel Policy still applies to all such credit card payments.

Charging personal expenses on City cards is a misuse of City funds and a serious breach of the City’s ethics policy. Employees may not use City credit

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17 cards for personal expenses, even if the intent is to reimburse the City later. The use of City credit cards for personal expenses will result in disciplinary action, up to and including termination.

Department specific regulations may further restrict the use of credit cards. Department Heads are responsible for all disciplinary action surrounding misuse of cards, including requesting cancellation of card privileges. The following list covers purchases for which credit card use is expressly prohibited, unless approved in advance by the employee’s Department Head:
• Cash advances
• Services
• Rentals, EXCEPT for small equipment and not exceeding a week in duration
• Machinery that requires a maintenance agreement
• Items available from vendors that give us a citywide discount • Air phone
• Wire transfers, Money Orders
• Direct Marketing Insurance Services
• Financial Institutions: Manual Cash Advances
• Financial Institutions: Automatic Cash Advances
• Non-Financial Institutions: Foreign Currency, Money Orders, Travelers Checks
• Security Brokers/Dealers
• Overpayments
• Savings Bonds
• Timeshares
• Betting, Casino Gaming Chips, Off-Track Betting
• Political Organizations
• Court Costs, Alimony, Child Support
• Fines
• Bail Bonds and Payments
• Tax Payments/Government Loan Programs

Agenda Item # 5.B.

Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Tyler Eaton, Assistant Community Development Director Reviewed by: Yolanda Bundy, Community Development Director Approved by: Candace Bond, Interim City Manager
Date prepared: October 27, 2025 Meeting date: November 10, 2025 Subject: Zoning Text Amendment No. 25-003 – An Amendment to Title 17 (Zoning) of the Malibu Municipal Code Modifying Regulations to Accessory Dwelling Units to Bring Existing Regulations into Compliance with New Changes to State Law
RECOMMENDED ACTION: Continue this item to the November 24, 2025 Regular City Council meeting.

City Council Meeting
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Item

5.B.

Agenda Item # 6.A.

Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Richard Rojas, Deputy City Manager
Approved by: Candace Bond, Interim City Manager
Date prepared: September 24, 2025 Meeting date: November 10, 2025 Subject: Draft 2025 Strategic Plan (Continued from October 27, 2025) RECOMMENDED ACTION: Approve the Draft 2025 Strategic Plan.

FISCAL IMPACT: There is no fiscal impact associated with the recommended action.

DISCUSSION: The Draft 2025 Strategic Plan frames the City’s needs for the next three years, while reaffirming the City’s mission and core values.

The Draft 2025 Strategic Plan process included a City Council workshop in June 2025 to identify strengths, weaknesses, opportunities and threats. Staff utilized this feedback during the plan preparation process to identify key issues and priorities that served as the basis for this plan. The Strategic Plan will serve as a framework for decision-making around the allocation of City resources to respond to the challenges that matter most to community members and to support the initiatives that have the greatest potential to improve the quality of life and well-being of all community members across the City.

City Council Meeting
11-10-25
Item

6.A.

Agenda Item # 6.A.

The plan established six strategic priorities, seven goals, eight objectives and 27 distinct projects. The following table provides a summary:

Strategic Priorities Goal
Economic Recovery Support Community Rebuilding and LongTerm Recovery Drive Economic Recovery and Restore
Lost Revenue
Infrastructure Resilience Advance Infrastructure Resilience Public Safety Improvements Improve Public Safety
Modernization and Digital Transformation Modernize City Operations with a new Digital Ecosystem
Workplace Culture and Talent
Development
Foster a High-Performance Workplace
Culture
Community Services and Facilities
Expansion
Improve Public Facilities and Explore New
Opportunities for Cultural and Recreational
Establishments
The 2025 Strategic Plan is designed to be a living document that guides the work of City staff and elected and appointed officials over the next three years. It will undergo periodic review to reflect progress towards the achievement of the City’s goals.

Next steps include implementation of an online dashboard and reporting tool for the 2025 Strategic Plan to provide transparency, accountability, and opportunities for ongoing engagement with the community. Staff are in the process of evaluating different options to make this service available to the community. The online dashboard will enable staff to report regularly the progress of the plan's goals and objectives in an immediately accessible online format, ensuring that there is a shared understanding of how the City is advancing in its priorities
BACKGROUND: In September 2023, the City of Malibu approved its first-ever Strategic Workplan to prioritize staff efforts and manage projects effectively, addressing both daily operations and community demands.

Building on the success of the 2023 Strategic Workplan, the 2025 Draft Strategic Plan establishes new strategic priorities, goals, objectives and projects.

ATTACHMENTS: Draft 2025 Strategic Plan
DRAFT

CITY OF MALIBU
2025-2028

STRATEGIC PLAN
OCTOBER 2025
Public Safety Director
Susan Duenas

CITY COUNCIL
Mayor Pro Tem
Bruce Silverstein
Mayor
Marianne Riggins
Councilmember
Doug Stewart
Councilmember
Steve Uhring
Councilmember
Haylynn Conrad
C I T Y O F M A L I B U 3 Y E A R S T R A T E G I C P L A N F Y 2 5 / 26 - F Y 2 7 / 2 8 The City Council, comprised of the Mayor and four City Councilmembers, is the governing body of the city, with all the regulatory and corporate powers of a municipal corporation provided under California State Law. In general, the Council supervises the operations of the City government by establishing policies and programs and appropriating funds for each service function

EXECUTIVE SUMMARY
Malibu, with its 22 miles of scenic coastline, is a cornerstone of Southern California's identity, blending natural beauty, small town charm, and surf heritage. As part of Los Angeles County, it attracts over 15 million annual visitors, contributing significantly to the region’s $35 billion tourism economy. Iconic beaches like Zuma and Surfrider draw sun-seekers worldwide. Malibu’s unique blend of coastal charm and cultural cachet shapes the Southern California lifestyle, making it both a vital economic driver and a global symbol of the California dream.

In recent years, Malibu has been heavily impacted by catastrophic wildfires. In 2018, the Woolsey Fire burned nearly 97,000 acres and destroyed over 1,600 structures. In 2025, the Palisades Fire destroyed 23,000 acres and over 5,300 structures. Each emergency caused displacement of thousands and destruction of entire neighborhoods.

At this moment in time, strategic planning is essential for the City of Malibu. The 2025-2028 Strategic Plan will prioritize rebuilding efforts, allocate limited resources efficiently, and address immediate community needs such as housing, infrastructure, and public safety. Planning also allows for improved disaster preparedness, integrating lessons learned to reduce future risks.

By aligning with environmental and economic goals, the City of Malibu can rebuild stronger, safer, and more sustainably.

Strategic Planning Guidance Provided by:

City Council
Candace Bond, Interim City Manager
Richard Rojas, Deputy City Manager
Trevor, Interim City Attorney
Kelsey Pettijohn, City Clerk
Yolanda Bundy, Director of Community Development
Rob Duboux, Public Works Director
Kristin Riesgo, Community Service Director
Susan Duenas, Public Safety Director
C I T Y O F M A L I B U 3 Y E A R S T R A T E G I C P L A N F Y 2 5 / 26 - F Y 2 7 / 2 8 C I T Y O F M A L I B U 3 Y E A R S T R A T E G I C P L A N F Y 2 5 / 26 - F Y 2 7 / 2 8 MALIBU‘S MISSION
Malibu’s Mission and Vision
Malibu’s General Plan’s mission and vision statements instruct us to focus on preserving Malibu’s rural character. We are tasked with protecting Malibu’s natural and cultural resources, and providing sustainable visitor-serving opportunities while avoiding suburbanization and commercialization. Malibu will maintain a high-quality environment and a welcoming community for its residents and visitors.

Mission of Malibu Municipal Government
The mission of Malibu’s municipal government is to follow the guidance of Malibu’s general plan while ensuring the well-being, safety, and prosperity of its community. This involves delivering essential services, maintaining infrastructure, and fostering a sense of community through ongoing communications and various outreach programs and initiatives.

C I T Y O F M A L I B U 3 Y E A R S T R A T E G I C P L A N F Y 2 5 / 26 - F Y 2 7 / 2 8

MALIBU SWOT ANALYSIS

STRENGTHS
AAA issuer credit rating
Secure property tax revenue base
Experienced department heads
Strong community involvement
Malibu brand is associated with
desirable lifestyle, iconic beach city,
rural environment, surfing, luxury ocean
front homes, and desirable visitor
location

WEAKNESSES
Difficulty recruiting staff
Unknown success of fire rebuild program
Key infrastructure controlled by outside
agencies (ex. Caltrans, MRCA)
As a contract city we have limited
control over police and fire
High commercial rents drive out
businesses and prevent new business
development

OPPORTUNITIES
Use performance and communication to
engage the community and enhance the
relationship between the city
management and the residents
Employ Malibu holdings as business
incubator for local businesses
Focus Fire rebuild decisions on
rebuilding resident base vs outside
ownership of rebuilt houses
Continue to improve fire prevention
programs
Improve safety on PCH

THREATS
Slow fire rebuilds will impact future
revenues
Rebuilds converted to AirBNB and rental
vs resident homes- impacts school
enrollment and community development
Another disaster impacts the city
Residents lose confidence in the city’s
ability to deliver needed services
Strategic Priorities 2025-2028
C I T Y O F M A L I B U 3 Y E A R S T R A T E G I C P L A N F Y 2 5 / 26 - F Y 2 7 / 2 8 Enhance safety in the
community and on Pacific
Coast Highway
Goal 1: Support Community Rebuilding
and Long-Term Recovery
Objective 1.1: Accelerate and simplify the rebuilding of $1.6 billion in destroyed properties.

C I T Y O F M A L I B U 3 Y E A R S T R A T E G I C P L A N F Y 2 5 / 26 - F Y 2 7 / 2 8 Projects
Long Term Recovery Plan: Establish a
clear, community-informed roadmap
to guide disaster recovery, rebuilding,
and long-term resilience.

Focused Code Amendments:

Streamline rebuilding by removing
unnecessary regulatory barriers while
maintaining safety and environmental
standards
Fire Rebuild Waivers: Reduce the
financial burden on fire-affected
residents by waiving fees.

Strategies
Develop a Community-Led Recovery Vision
Create Sector-Based Recovery Frameworks
Align with FEMA and State Recovery Frameworks
Build Measurable Milestones and Accountability Structures Identify rules that disproportionately delay recovery
Adopt temporary flexibilities for rebuilds
Engage Technical Advisory Groups
Ensure transparency and public review
Waive permitting for fire-damaged properties
Create a simple waiver application process
Monitor budgetary impacts and recovery outcomes
Objective 1.2: Modernize development policies and procedures citywide to support resilient community development.

Projects
Development Policy & Procedure
Updates: Modernize policies and
procedures to support resilient
development aligned with future
community needs.

Strategies
As needed, update General Plan and Local Coastal Program policies
Incorporate wildfire risk into development criteria
Streamline permitting procedures and administrative requirements Ensure alignment with state and regional goals
Goal 2: Drive Economic Recovery and
Restore Lost Revenue
Objective 2.1: Recover lost sales, hotel, and transaction tax revenue to predisaster levels to restore the city’s ability to deliver high quality services.

Strategies
Conduct an economic impact assessment
Leverage public-private partnerships
Engage stakeholders across sectors
Set short-, mid-, and long-term recovery goals
Develop a unified recovery marketing strategy
Target key external audiences
Use high-quality visual media and storytelling
Coordinate distribution of partner agency grants
Prioritize locally owned and vulnerable businesses
Establish simple, transparent application process
Leverage public and private sources of funding
C I T Y O F M A L I B U 3 Y E A R S T R A T E G I C P L A N F Y 2 5 / 26 - F Y 2 7 / 2 8 Projects
Economic Recovery Plan: Develop a
coordinated, data-driven roadmap to
restore and grow the local economy
after disaster impacts.

Economic Recovery Outreach
Campaign: Utilize the city’s brand to
attract visitors, investment, and
residents through strategic outreach.

Business Recovery Grants: Support
local businesses recovering from fire
impacts through direct financial
assistance.

Strategies for Economic Recovery
Combines economic goals and
strategies to enhance local
business recovery and drive
revenue recovery.

Promotes cross-sector
partnerships and community
loyalty to increase foot traffic
and local spending
Uses community engagement
to support market recovery
efforts to attract business and
investment.

Projects
Sewer Plan: Upgrade aging coastal
wastewater infrastructure to protect
public health, coastal ecosystems,
and ensure compliance with
environmental regulations.

Water Tanks & Fire Flow Upgrades:

Improve water storage capacity and
fire protection in hillside and
vulnerable areas.

Coastal Resiliency Infrastructure:

Protect coastal neighborhoods,
infrastructure, and ecosystems from
sea level rise, storm surge, and
erosion.

Microgrid Plan: Develop local clean
generation infrastructure in
response to outages, power shutoffs
and wildfire risk
Comprehensive Infrastructure
Resilience Financing Plan: Develop
an integrated, long-term roadmap
for citywide infrastructure that is
resilient to climate, seismic, and
operational risks.

Telecommunications Plan: Develop
a plan to upgrade the reliability of
telecommunications infrastructure
across the city.

Goal 3: Advance Infrastructure Resilience
Objective 3.1: Develop and fund a comprehensive Infrastructure Resilience Plan.

Strategies
Conduct a feasibility assessment
Coordinate with coastal access and streets projects
Secure funding from state and federal programs
Complete construction within approved timeframe and budget Evaluate fire flow demand against storage and pressure zones Upgrade and construct new water storage tanks
Improve pump stations and pressure-reducing valves
Plan for redundancy and backup power
Finalize shoreline vulnerability maps and risk assessments Design and implement nature-based solutions
Reinforce critical infrastructure with hybrid approaches Engage the community in adaptation planning.

Develop an interconnected, self-sufficient energy system that can connect to, disconnect from and run with the larger electrical grid Power critical services like fire stations, medical offices, etc.

Conduct a citywide infrastructure vulnerability assessment Establish resilience criteria in capital planning
Create a 10-20 year resilience investment roadmap
Pursue interagency and community partnerships
Collaborate with each telecommunications company to upgrade their network
Pursue multi-company and community partnerships
C I T Y O F M A L I B U 3 Y E A R S T R A T E G I C P L A N F Y 2 5 / 26 - F Y 2 7 / 2 8 Goal 4: Improve Public Safety
Objective 4.1: Reduce injury and fatal collisions on Pacific Coast Highway Projects
Pacific Coast Highway Safety: Invest in
enforcement, education, and policy
improvements
Strategies
Implement Speed Safety System Pilot Program
Support California Highway Patrol and LA County Sheriff’s Department traffic enforcement operations
Implement PCH Safety public education campaign
Commit to setting speed limits based on crash risk, street type, and presence of vulnerable users—not just 85th
percentile speed, and using legislative advocacy
C I T Y O F M A L I B U 3 Y E A R S T R A T E G I C P L A N F Y 2 5 / 26 - F Y 2 7 / 2 8 Objective 4.2: Increase Wildfire Resiliency
Projects
Wildfire Mitigation: Reduce wildfire risk in
woodland-urban interface
Emergency Evacuation: Increase alert,
warning, and evacuation capabilities
Strategies
Update the Community Wildfire Protection Plan (CWPP) to include a comprehensive wildfire risk analysis
Support the formation of Firewise Communities
Obtain grants to remove hard trees and assist residents with home-hardening
Work with agency partners to implement regional fuel
reduction strategies
Implement alert and warning systems that do not depend on electricity of cellular service
Implement recommendations in the Subdivision Review
Program reports for neighborhoods with only one ingress and egress
Update the City’s Evacuation Plan
Objective 4.3: Reduce Homelessness Encampments
Projects
Homelessness Encampments: Expand
outreach and enforcement to reduce the
number of homeless encampments
Strategies
Work with agency partners to remove encampments on public property and hillsides
Apply Measure A funds towards more dedicated interim
housing beds, outreach, and mental health services
Strengthen enforcement mechanisms for illegal camping,
overnight parking and oversized vehicle ordinances
Goal 5: Modernize City Operations with a
new Digital Ecosystem
Objective 5.1: Streamline city processes, permitting, payments, and project management
Projects
Upgrade Equipment: Integrate modern
audio-visual equipment into the City Hall
Council Chambers / Civic Theater to
provide a state-of-the art forum for
Malibu residents
Online Permitting: Simplify and digitize
the end-to-end permitting process to
improve turnaround time, transparency
and user experience
Enterprise Resource System: Modernize
internal financial, HR, procurement and
asset management systems for better
integration and efficiency
Interdepartmental Project Management
Platform: Improve coordination,
visibility, and accountability for crossdepartmental initiatives.

Strategies
Assess condition of existing equipment
Select new equipment to support city operations
Plan for phased implementation
Ensure city teams are trained to operate
Adopt a user-centered permitting platform
Enable end-to-end digital workflow
Enable e-payment and document management
Create permit status transparency.

Consolidate legacy systems into a single platform
Define and enforce consistent workflows across departments for procurement, invoicing, and time tracking
Automate reporting and compliance
Plan for scalable implementation.

Deploy a Cloud-Based Project Management Tool
Create Standardized Templates and Milestone Tracking
Enable Task Ownership and Role Clarity
Use Visual Analytics for Decision Makers
C I T Y O F M A L I B U 3 Y E A R S T R A T E G I C P L A N F Y 2 5 / 26 - F Y 2 7 / 2 8 Goal 6: Foster a High-Performance
Workplace Culture
Objective 6.1: Enhance employee morale, retention, and innovation Projects
New Personnel: Select and train highperforming individuals for key new positions to bolster operational
effectiveness and strategic initiatives
Employee Recognition Program: Boost
employee morale, retention, and
motivation by acknowledging individual
and team contributions in meaningful,
visible ways.

Training and Development: Build a skilled,
adaptable workforce through continuous
learning and leadership development
opportunities.

C I T Y O F M A L I B U 3 Y E A R S T R A T E G I C P L A N F Y 2 5 / 26 - F Y 2 7 / 2 8 Strategies
Select individuals based on clear, strategic criteria
Maintain consistency and rigor in hiring/promoting
Equip individuals with the tools needed to succeed
Ensure accountability and continuous improvement
Establish a Formal Recognition Framework
Align Recognition with Organizational Values and Goals
Incorporate Tangible and Experiential Rewards
Measure Impact on Engagement and Retention
Conduct a Citywide Skills Gap Assessment
Develop Tiered Learning Tracks
Launch a Leadership Development Academy
Track Training Participation and Career Growth Metrics
Begin integrating AI applications into city programs to reduce demands on staff
Goal 7: Explore New Opportunities for
Educational, Cultural and Recreational
Establishments
Objective 7.1: Deliver high quality public services and spaces for education, recreation, and culture
Projects
Snack Shack: Provide a communityoriented food and beverage option at Bluffs Park to support youth sports,
events, and daily park users.

Skate Park: Build a safe, modern, and
inclusive skate facility that promotes
active recreation opportunities and
Malibu’s skateboarding culture.

Community Lands Project: Develop
conceptual designs and solicit feedback
for new public facilities on city owned
properties.

Malibu Unified School District: Pursue the
formation of an independent Malibu
Unified School District.

Strategies
Finalize Construction by 2026
Coordinate Ribbon Cutting and Youth Outreach
Activate with Community Events and Partnerships
Finalize construction by 2026
Coordinate grand opening and ribbon cutting
Foster Malibu’s skate culture through events and programs Coordinate youth outreach and partnership opportunities Complete the design phase in 2026
Complete the permitting, approval and funding in 2028
Coordinate the grand opening and ribbon cutting in 2029 Petition the State Board of Education in 2026
Continue to engage Malibu students, families, and
educators to support the formation of a district that is responsive, local, and accountable to its residents
C I T Y O F M A L I B U 3 Y E A R S T R A T E G I C P L A N F Y 2 5 / 26 - F Y 2 7 / 2 8

PROJECTS

LONG TERM RECOVERY
PLAN

ECONOMIC RECOVERY

PROGRAM

COASTAL SEWER
SYSTEM

WILDFIRE PREVENTION

PROGRAM

CITY OPERATIONS

MODERNIZATION

COASTAL ADAPTATION
PLAN

WATER SUPPLY

UPGRADE

ADDED PERSONNEL &

TRAINING

PROJECTS

PCH SAFETY PLAN

COMMUNITY LANDS

COUNCIL CHAMBERS

REMODEL

ENTERPRISE RESOURCE

PROGRAM

MALIBU UNIFIED

SCHOOL DISTRICT

ENERGY MICROGRID

IMPLEMENTATION SCHEDULE
FY 25-26 FY 26-27 FY 27-28

PLANNING

PLANNING

PLANNING

ROLLING PLANNING & IMPLEMENTATION

PLANNING

PLANNING

PLANNING IMPLEMENTATION

IMPLEMENTATION

IMPLEMENTATION

IMPLEMENTATION

IMPLEMENTATION

IMPLEMENTATION

ADDED PERSONNEL &

TRAINING

RECRUITMENTS ON-BOARDING
FY 25-26 FY 26-27 FY 27-28

PLANNING

PLANNING

PLANNING

ONGOING ASSESSMENT AND STRATEGY

PLANNING

IMPLEMENTATION

IMPLEMENTATION

IMPLEMENTATION

IMPLEMENTATION

IMPLEMENTATION
C I T Y O F M A L I B U 3 Y E A R S T R A T E G I C P L A N F Y 2 5 / 26 - F Y 2 7 / 2 8 This page is intentionally blank
CONTACT US:
23825 Stuart Ranch Road
Malibu, California 90265
310-456-2489
www.malibucity.org
maliburebuilds.org

Agenda Item # 7.A.

Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Chris Orosz, Interim Recreation Manager
Reviewed by: Kristin Riesgo, Community Services Director Approved by: Candace Bond, Interim City Manager
Date prepared: October 23, 2025 Meeting date: November 10, 2025 Subject: Malibu Education Foundation Holiday Tree Lot Fee Waiver and Finding Of Legitimate Public Purpose
RECOMMENDED ACTION: Consider whether to approve the request from the Malibu Education Foundation to waive the facility use fees for the Ioki Property for the Annual Holiday Tree Lot and find the fee waiver to be a legitimate public purpose as explained in this staff report
FISCAL IMPACT: Waiving the facility use fees will result in a loss of revenue of $55,714 for Fiscal Year 2025-26 in Account Number 100-0000-3461-00 (Municipal Facility Use Fees) and 101-0000-3421-00 (Planning Review Fees). The Malibu Municipal Code allows six events at the Ioki Property per calendar year. These events generate revenue for the City, and waiving the associated fees limits potential revenue.

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 Malibu Education Foundation (MEF) will organize the Holiday Tree Lot event in 2025 and will use it as a fundraiser for Malibu public schools. MEF representatives have prepared the permit application and associated paperwork for the rental at the Ioki Property, including the Temporary Use Permit (TUP). Rental dates include,
• Setup: Friday, November 21 to Thursday, November 27
• Event/Sales: Friday, November 28, to Sunday, December 14 • Breakdown: Monday, December 15 and Tuesday, December 16 City Council Meeting
11-10-25
Item

7.A.

Agenda Item # 7.A.

This annual event offers community public benefits by providing a festive and inclusive gathering that engages numerous residents in supporting public education while celebrating the holiday season together. It promotes civic pride, supports local small businesses, benefits tax revenue, and fosters connections among Malibu families, schools, and community members. It exemplifies the spirit of local collaboration and directly invests in Malibu’s future cohesion and economy.

MEF is a nonprofit organization that provides critical funding for staff and student programs for four Malibu public schools. MEF has requested a 100% fee waiver for the facility rental.

The fee waiver constitutes a legitimate public purpose.

The fees associated with the rental include:

Type Non-Profit Rate
Facility Use $55,172
Application Fee $200
TUP Fee $342
Total $55,714
A TUP is required for the Tree Lot, and the Foundation has agreed to abide by the requirements.

ATTACHMENTS: 1) Malibu Education Foundation Fee Waiver Letter 2) Malibu Education Foundation Financial Document
Malibu Education Foundation’s
ANNUAL TREE LOT + COMMUNITY NIGHT (W/HOLIDAY MARKET)
Fundraiser
The Community Benefit
Event Description / Schedule of Events
The Malibu Holiday Tree Lot & Community Night + Holiday Market is a 17 day, communitydriven event hosted by the Malibu Education Foundation (MEF), a nonprofit organization that provides critical funding for staff and staffed programs across all four Malibu public schools.

This annual event—formerly led by the Athletic Booster Club—now benefits all Malibu public school students, expanding its reach and impact through MEF’s citywide mission. By offering a festive, inclusive community experience, the event engages residents in supporting public education while celebrating the holiday season together.

There is no cost to attend the event. Community members can participate by purchasing trees, and joining us on community night to enjoy food trucks and entertainment, and shopping with local vendors. Funds are raised through tree sales, voluntary vendor donations, and direct contributions from attendees. Proceeds help fund arts education, academic support, athletics, and student wellness initiatives—programs that would otherwise go unfunded.

Beyond fundraising, the event promotes civic pride, supports local small businesses, and fosters connection between Malibu families, schools, and community members. It exemplifies the spirit of local collaboration and directly invests in Malibu’s future—its students.

This is a free event for the community, no fees, passes, admission tickets will be sold.

SCHEDULE:

Friday, November 21st - BEGIN SET UP
Friday, November 28th - LOT OPENS
Friday, December 12th - COMMUNITY NIGHT
Sunday, December 14th - LOT CLOSES
Tuesday, December 16th - LOT VACATED BY 5PM (window to clean/remove tents, etc) General Operating Hours
Monday - Thursday: 3 - 7 pm
Friday: 3 - 9 pm
Saturday & Sunday 10AM - 7PM Sunday
Music
All Operating Hours: Amplified holiday music in both tents at a low volume (portable speaker) Friday, 12/12: Community Night Program, 3-9 - with programming 5-8:30 - local choir, band, orchestra - acoustic. In tent.

Food Trucks / Vendors
Friday, 12/12: Community Night, 3-9 (2-6 trucks and food vendors) Local Vendors/businesses will be invited to participate in a Holiday Market on Friday, 12/12 (3-9) These vendors will include local businesses, wineries and breweries.

Vendors are TBD - will ensure proper insurance is secured.

ATTACHMENT 1
Balance Sheet Malibu Education Foundation Oct 17, 2025 Page 1 of 1 Balance Sheet
Malibu Education Foundation
As of December 31, 2024
DEC 31, 2024 DEC 31, 2023
Assets
Current Assets
Cash and Cash Equivalents
Chase Checking (9299) 105,444.64 -
Chase Savings (7705) 50,003.80 -
Square 4,912.98 -
Wells Fargo Checking (6119) 85,487.92 -
Total Cash and Cash Equivalents 245,849.34 -
Chase CD 0145 150,000.00 -
Petty Cash 211.00 -
Total Current Assets 396,060.34 -
Total Assets 396,060.34 -
Liabilities and Equity
Liabilities
Current Liabilities
Accounts Payable 50,784.68 -
Total Current Liabilities 50,784.68 -
Total Liabilities 50,784.68 -
Equity
Current Year Earnings 345,275.66 -
Total Equity 345,275.66 -
Total Liabilities and Equity 396,060.34 -
ATTACHMENT 2
Income Statement (Profit and Loss) Malibu Education Foundation Oct 17, 2025 Page 1 of 1 Income Statement (Profit and Loss)
Malibu Education Foundation
For the year ended December 31, 2024
2024 2023
Income
Event Revenue 70,253.62 -
Foundation Contribution 5,500.00 -
Grants 668,100.00 -
Individual Contribution 17,466.69 -
Interest Income 3.80 -
Total Income 761,324.11 -
Gross Profit 761,324.11 -
Operating Expenses
Accounting Services 5,000.00 -
Art Teachers 60,246.00 -
Athletic Coordinator 55,003.00 -
Athletics Extras 5,351.29 -
Bank and Merchant Fees 2,185.02 -
Coffee Chats Schools 86.40 -
Entity Consultants 12,614.00 -
Event Expense 33,654.62 -
Instructional Aides 157,728.37 -
Legal Services 7,200.00 -
Liability Insurance 1,560.40 -
License and Permits 315.05 -
Marketing 10,187.91 -
Office Supplies 3,742.32 -
Postage 1,975.33 -
Secure URLs 202.08 -
Software Subscriptions 154.00 -
Spring Coaches 21,738.74 -
Spring League Fees 4,715.00 -
Spring Transportation 5,791.15 -
Spring Uniforms & Equipment 26,477.89 -
Website 119.88 -
Total Operating Expenses 416,048.45 -
Operating Income 345,275.66 -
Net Income 345,275.66 -
ATTACHMENT 2
Business Cash Flow Summary Malibu Education Foundation Oct 17, 2025 Page 1 of 1 Business Cash Flow Summary
Malibu Education Foundation
For the year ended December 31, 2024
2024
Operating Activities
Receipts from customers 761,324.11
Payments to suppliers and employees (365,263.77)
Net Cash Flows from Operating Activities 396,060.34
Investing Activities
Other cash items from investing activities (150,211.00) Net Cash Flows from Investing Activities (150,211.00)
Net Cash Flows 245,849.34
Cash and Cash Equivalents
Cash and cash equivalents at beginning of period -
Net cash flows 245,849.34
Cash and cash equivalents at end of period 245,849.34
Net change in cash for period 245,849.34
ATTACHMENT 2

Agenda Item # 7.B.

Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Cynthia Alba, Management Analyst
Reviewed by: Richard Rojas, Deputy City Manager
Approved by: Candace Bond, Interim City Manager
Date prepared: October 8, 2025 Meeting date: November 10, 2025 Subject: Professional Services Agreement with Frederick Fisher and Partners for a Masterplan/Concept Design for Heathercliff Recreation Center (Continued from October 27, 2025)
RECOMMENDED ACTION: Authorize the Mayor to execute a Professional Services Agreement with Frederick Fisher and Partners for a Masterplan/Concept Design for a recreation center at Heathercliff Community Land.

FISCAL IMPACT: Funding for these services was included in the Adopted Budget for FY 2025-26. $164,800 will charged to Account No. 105-9088-5100 Vacant Properties Professional Services. City staff will continue to research and evaluate additional funds for future advancement of the project.

STRATEGIC PRIORITY:

This item supports the Preservation of Malibu’s Rural Character priority identified in the Adopted FY 2024-25 Strategic Priority Project List.

DISCUSSION: The Malibu Community Lands Project was established to determine the most appropriate use of 61 acres of city-owned vacant land. This community driven initiative has engaged residents through a variety of outreach methods to ensure the project aligns with Malibu’s vision and mission statement.

On February 12, 2024, the City of Malibu entered into an agreement with Tripepi Smith & Associates, for Community Outreach and Engagement Consulting for City Owned Vacant Lots.

City Council Meeting
10-27-25
Item

7.B.

Agenda Item # 7.B.

On October 28, 2024 the City Council received and filed the Community Lands Outreach and Engagement Report. Based on the input received throughout the program, the City Council authorized staff to begin a phased approach for developing the lands, prioritizing community needs. Per City Council recommendation, the approved next steps include:
• Heathercliff and Ioki (Chili Cook-Off Lot) Lots: The City will explore options for new soccer, baseball and softball fields as well as a multigenerational community center, including a pool, gymnasium, senior center and expanded library services. • Triangle and Trancas lots: The Council has not set direction for these lands at this time.
• La Paz Lot: The Council tasked staff and the Malibu Arts Commission in preparing a draft design recommendation of the La Paz Performing Arts Center in partnership with Cross Creek Ranch Malibu, LLC not to exceed $10,000 in planning services. This community outreach effort is underway.

In order to advance project planning and identify potential design options, staff received three proposals and recommends engaging Frederick Fisher and Partners to provide professional design services for a recreation center at Heathercliff Lot.

Frederick Fisher and Partners was selected based on their extensive experience designing similar community facilities, their familiarity with local conditions, and their ability to deliver high-quality conceptual and schematic design services. Under the proposed agreement, the consultant will deliver:
• Project Planning and Management: Consultant will organize the project team, manage the schedule, coordinate consultants, and facilitate collaboration with City staff to achieve project goals.
• Site and Program Development: Consultant will conduct site analyses, review planning and code requirements, and define the project program—including recreational amenities, sustainability, and community priorities. • Masterplan and Design Concepts: Consultant will develop site layout and design concepts that address topography, environmental factors, and project phasing while maintaining Malibu’s character.

This agreement will allow the City to move forward with preliminary design and planning, which will inform future phases of the project, including funding opportunities and construction planning.

ATTACHMENTS:

1. Professional Services Amendment with Frederick Fisher and Partners

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into as of November 10, 2025 by and between the City of Malibu, a municipal corporation (hereinafter referred to as the "City"), and Frederick Fisher & Partners, Architects, a California Stock Corporation hereinafter referred to as "Consultant"). The City and Consultant are each a “Party” and collectively, 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 perform the services required under this Agreement.

B. The City desires to contract out for consulting services for certain projects relating to concept design and masterplan services for a recreation center at Heathercliff Community Land.

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 November 11, 2025, and will remain in effect for a period of four months from said date unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein.

3.0 CITY AGENT. The City Manager, or his or her designee, for the purposes of this Agreement, is the agent for the City; whenever approval or authorization is required, Consultant understands that the City Manager, or his or her designee, has the authority to provide that approval or authorization.

4.0 COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with the Scope of Work’s fee and cost schedule. The cost of services shall not to exceed $164,800 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.

Agreement for Professional Services
Frederick Fisher & Partners, Architects

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 liability for damage sustained by virtue of any breach of this Agreement and any payments due under this Agreement may be withheld to off-set anticipated damages.

Agreement for Professional Services
Frederick Fisher & Partners, Architects

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

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

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

6.5 Indemnification.

To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and any and all of its officials, employees, agents, and volunteers (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to or relate to the negligence, recklessness, or willful misconduct of the Consultant.

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

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

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

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

6.7.1. The Consultant shall be an independent contractor and shall have no power to incur any debt or obligation for or on behalf of the City. Neither the City nor any of its officers or employees shall have any control over the conduct of the Consultant, or any of the Consultant’s employees, except as herein set forth, and the Consultant expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees are in any manner employees of the City, it being distinctly understood that the Consultant is and shall Agreement for Professional Services
Frederick Fisher & Partners, Architects

at all times remain to the City a wholly independent contractor and the Consultant's obligations to the City are solely such as are prescribed by this Agreement.

6.8 Copyright. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the Consultant.

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

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

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

6.12 Corrections. In addition to the above indemnification obligations, the Consultant shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the City, and the cost Agreement for Professional Services
Frederick Fisher & Partners, Architects

thereof shall be charged to the Consultant.

6.13 Files. All files of the Consultant pertaining to the City shall be and remain the property of the City. The Consultant will control the physical location of such files during the term of this Agreement and shall be entitled to retain copies of such files upon termination of this Agreement.

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

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

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

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

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

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

Agreement for Professional Services
Frederick Fisher & Partners, Architects

CITY: Candace Bond CONSULTANT: Frederick Fisher
Interim City Manager Founder
City of Malibu Frederick Fisher and Partners
23825 Stuart Ranch Road 12248 Santa Monica Blvd.

Malibu, CA 90265-4861 Los Angeles CA 90025
TEL (310) 456-2489 x 226 TEL (310) 820-6680
FAX (310) 456-2760

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

7.0 GENERAL TERMS AND CONDITIONS.

7.1 Disclosure Required. By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code.

City Initials ______
Consultant Initials ______

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 ______
Agreement for Professional Services
Frederick Fisher & Partners, Architects

This Agreement is executed on _____________________, at Malibu, California, and effective as of November 11, 2025.

CONSULTANT:
_______________________________
By: Frederick Fisher and Partners
Name: Frederick Fisher
Title: Founder
CITY OF MALIBU, a municipal corporation
___________________________________
MARIANNE RIGGINS, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
Agreement for Professional Services
Frederick Fisher & Partners, Architects

EXHIBIT A

SCOPE OF WORK
12248 Santa Monica Blvd., Los Angeles, CA 90025 | (310) 820–6680 | fisherpartners.net Candace Bond
Malibu Interim City Manager
23825 Stuart Ranch Drive
Malibu CA 90265
[email protected]
October 17, 2025
Masterplan/Concept Design proposal for Heathercliff Recreation Center Dear Candace
Frederick Fisher & Partners is thrilled to submit this proposal for master plan and concept design services for the Heathercliff Recreation Center. Fred and I are excited about the opportunity to work with you and the Malibu team on this project.

This phase of work will allow us to develop planning strategies for the overall site and concept ideas for the buildings. We will also consider the impact of project phasing. Once we have a better understanding of the project scope from the masterplan and concept design work we can move forward with full architectural services for whatever phase you believe is appropriate. This proposal will serve as our agreement for masterplan and concept design services.

We have included a basic schedule to give you an idea of timeline for this initial work. The following outlines the services with a Concept Design Phase to start:

CONCEPT DESIGN + MASTERPLAN PHASE
During this phase, FF&P will work with you to create the long-term goals and concepts for the project. Our work will be as follows:
• PROJECT MANAGEMENT: We will develop a project specific workplan that will outline the working process. This will include organizing the project team, managing the schedule and retaining required consultants. We will essentially be orchestrating the interface with you and staff to achieve the desired outcome.
• SITE UNDERSTANDING: We will need to fully understand all aspects of the site. This will include a site analysis to look at environmental factors and infrastructure. We will need a survey, including topography of the site to do this work.

Joseph Coriaty FAIA
Managing Partner
12248 Santa Monica Blvd., Los Angeles, CA 90025 | (310) 820–6680 | fisherpartners.net • PLANNING PARAMETERS: We will work with the Malibu
planning department to complete a code and entitlement
assessment. This assessment is to understand the parameters that impact planning on the site. It will be important for us to understand what other agencies might have approval authority on the site and what concerns they might have.
• PROJECT PROGRAM: We will work with you and your team to define the project program. The program defines the elements on the site, identifies desired functions and describes the relationships of the program elements to each other.

Determining the underlying ethos of this important project will provide a “North Star” for planning. The unique and precious character of Malibu as a place and a community,
environmental sustainability, and fire resilience will be paramount considerations.

A clearly defined project program serves as a roadmap to the entire process. We understand that the project will include soccer fields, swimming pool, volleyball, pickleball,
classrooms/meeting rooms, a gymnasium with climbing wall, 100 parking spaces and related functions to support this recreational use. We will review the community survey and define a specific program for you.
• MASTERPLAN/SITE DESIGN: We will be working with the
project team to look at big picture concepts for the site. This will include the appropriate “zoning” of the site that addresses topography and environmental features. We will be working closely with the landscape architect and civil engineer in a way that respects the unique character of the site. Phasing of the project will also be considered during this effort.
• CONCEPT DESIGN: During this phase of the work, we will be looking at the placement of the program elements on the site.

Our focus will be on the relationship of the outdoor
recreational and the building elements to each other and the characteristics of the site. The design of the buildings will be done as massing studies that define the scale. We will not be developing specific architectural character for the buildings.

We will start with planning ideas and get into conceptual solutions. This will no doubt have impact on the building structure and systems. The Concept Design will serve as a direction for Schematic Design in the next phase.
• COST MODEL: We will develop a rough order of magnitude cost model for the project. This will include site work, site infrastructure, landscaping and structures on the site. • PRESENTATION PACKAGE: We be creating a package to be
used for project approvals and fundraising. Our deliverables 12248 Santa Monica Blvd., Los Angeles, CA 90025 | (310) 820–6680 | fisherpartners.net will include program diagrams. Site plans, massing drawings and renderings that show the site character and building massing.

FEE
The fee for the scope of work outlined above will be $162,800. We have estimate 850 hours to complete this work. If we exceed this number of hours we will invoice for extra hours on an hourly basis. We will not exceed this number of hours without written authorization. We anticipate the time frame will be approximately 12 weeks to complete the concept design.

These fees include architectural design services, civil engineer, landscape concept and cost modeling. Other consultants, as required during the work (i.e. Structural Engineer and MEP are not included in our fee at this time.

INVOICING
We are requesting a $10,000 retainer at the signing of this agreement.

Billing shall be invoiced as work is completed. Invoices are due and payable upon receipt of invoice including reimbursable expenses such as graphic reproduction, travel, mileage and delivery services. We prefer payment via ACH wire transfer.

Our hourly rates for the work are as follows:

Frederick Fisher - $375 per hour
Joseph Coriaty - $325 per hour
Project Manager/Architect - $180 per hour
Project Designer - $180 per hour
Project Assistant - $140 per hour

CONDITIONS

1. This agreement is based on the AIA Document B101 Standard Form of Agreement between Owner and Architect, 2017 Edition. All terms and conditions of Document B101 are incorporated into this agreement as though fully set forth.

2. The Owner shall provide all necessary information and documents in the form of survey, reports required for the services to proceed. 12248 Santa Monica Blvd., Los Angeles, CA 90025 | (310) 820–6680 | fisherpartners.net

3. Coordination of additional local permitting processes such as architectural review boards, environmental or land use commissions, shall be considered outside the scope of work and will be billed hourly.

5. Billing shall be monthly, as work is completed. Fees are due and payable upon presentation of invoice. Invoices for projects will be emailed as a pdf file to the Owner’s billing or accounts receivable manager, or to the Owner’s representative. Original copies are available upon request. Payment to be made via ACH wire transfer.

6. This proposal does not include fees for consultant services.

7. Reimbursable expenses such as graphic reproduction and mileage/parking will be added to our invoice with a 10% markup. We invoice monthly for work performed.

8. All documents furnished by Frederick Fisher and Partners Architects under this proposal are instruments of Architect’s services. They are not intended or represented to be suitable for reuse by Owner or others on extensions of the project or on any other project. Any reuse without specific written verification and adaptation by Frederick Fisher and Partners Architects for the specific purposes intended will be at the user’s sole risk and without liability or legal exposure to Frederick Fisher and Partners Architects. FF&P will be deemed owners of all intellectual property under this agreement.

9. Frederick Fisher and Partners Architects (FF&P) is a licensed Architect in the State of California.

10. If consultants are under contract with FF&P, there will be an additional 10% fee added to consultants’ invoices/fees for coordination and handling of consultants’ fees.

We look forward to working with you on this wonderful project. If you have any questions regarding this proposal, please do not hesitate to contact me if you have questions regarding this proposal.

Sincerely,
Joseph Coriaty FAIA
Managing Partner
Accepted by _____________________________________________ On this date of ___________________________________________ Agreement for Professional Services
Frederick Fisher & Partners, Architects

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.

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 Agreement for Professional Services
Frederick Fisher & Partners, Architects

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.

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.

Agreement for Professional Services
Frederick Fisher & Partners, Architects

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 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.

Agreement for Professional Services
Frederick Fisher & Partners, Architects

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.
2025
Workplan
WEEKS
Project Workplan Development
Site Understanding
1 2 3 4 5 6 7 8 9 10
Site Visit
Planning Parameters
Project Program
Master Plan / Site Design
Concept Design
Client Meeting #1
Client Meeting #2
Final Concept
Presentation
Package
11 12
Client Meeting #3
Client Meeting #4

Agenda Item # 7.C.

Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Kristin Riesgo, Community Services Director Approved by: Candace Bond, Interim City Manager
Date prepared: October 28, 2025 Meeting date: November 10, 2025 Subject: Facility Fee Waiver Policy
RECOMMENDED ACTION: Review and provide feedback on the proposed City Council Policy #53 Facility Fee Waiver.

FISCAL IMPACT: There is no fiscal impact associated with the recommended action.

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

DISCUSSION: The City receives numerous fee waiver requests from nonprofit organizations that utilize City-owned facilities throughout the year. The City has Fee Waiver Guidelines for Facility Use Permits and Event Permits, established in 2018 (Attachment 1) (Guidelines). The Guidelines provided staff with a process to review the requests and to allow the City Manager to approve eligible requests; however, over the years, fee waiver requests have grown to exceed the amounts that Management felt comfortable approving. Thus, the Council's involvement in reviewing and approving fee waivers has become a common practice.

The number of fee waivers Council has reviewed and approved since Fiscal Year 2021- 22 are outlined below:

Fiscal Year Amount Waived
2024-25 $222,640
2023-24 $159,638
2022-23 $98,805
City Council Meeting
11-10-25
Item

7.C.

Agenda Item # 7.C.
2021-22 $68,556
Staff propose establishing a new policy for fee waiver requests, which would outline eligibility criteria, procedures, acknowledgments, marketing guidelines, and an application process (Attachment 2). The goal is to have a transparent and consistent process that aligns with the community's needs while reducing the need to bring every request to City Council for review
Key elements of the proposed Policy include:
• Eligibility: Establish the type of organization that may apply for a fee waiver. The eligibility criteria in the Guidelines will serve as a basis for the new Policy • Procedures: An outline of specific requirements needed from the organization for the fee waiver to be reviewed. Describe the process and timeline for reviewing fee waivers
• Acknowledgement and Marketing: Organization’s requirements for acknowledging the City for the fee waiver in advertising and promotional materials • Fee Waiver Criteria: An outline to determine if the fee waiver is warranted, including the organization’s background, community benefit, resources, and budget
• Application Schedule: a streamlined process to review fee waiver requests on a quarterly basis
Staff requests Council’s feedback on the proposed policy. Following the Council’s review and feedback, staff will incorporate suggested changes and bring back a revised policy for final approval.

ATTACHMENTS:
1) 2018 Fee Waiver Guidelines
2) Draft City Council Policy #53 Facility Fee Waiver Policy 1 City of Malibu
23825 Stuart Ranch Rd. Malibu, California 90265-4804
(310) 456-2489 fax (310) 456-3356
Fee Waiver Guidelines for Facility Use Permits and
Event Permits
The City of Malibu recognizes the value of partnering with other agencies and organizations in providing services that benefit the community and its residents. In an effort to provide support for organizations providing valuable community services that the City would otherwise provide or is unable to provide, the following guidelines have been established for determining when permit fees may be waived.

Fees charged for the use of City facilities (Facility Use Permit Fees) or for a special event held on or impacting public right of way (Special Event Permit Fees) may be waived by the City Manager or his/her designee, if the applicant requests a fee waiver under one of the following categories and the appropriate criteria are met.

I. Intergovernmental Cooperation
A. Fees may be waived for events or uses when the applicant is another government agency and the use is related to the performance of its normal functions.

II. Department Sponsored Program
A. Fees may be waived for events and programs that are sponsored by the Community Services Department. The Director may choose to sponsor an event or program if the Director determines that all of the following criteria are met:

1. The co-sponsoring agency has or is in the process of receiving 501(C)3 status;

2. The program or event is within the scope of services normally provided by the Community Services Department;

3. Appropriate recognition as Co-Sponsor of the event or program is provided for the Community Services Department on all promotional materials and at the event or program; and

4. All resources provided by the City in sponsorship of the event must be provided for within the Department’s current allocations without a reduction of services.

ATTACHMENT 1
2 III. Financial Hardship / Non-profit
A. The City Manager may waive fees for a non-profit agency or community service organization if the City Manager determines that all of the following criteria are met:

1. The organization is a valid non-profit or community service organization;

2. The imposition of the fees would create a financial hardship on the organization or would have a detrimental effect upon the services provided to the public;

3. The program or event is of significant value to the community or to a significant portion of its residents;

4. The event or program is open to the public and is in compliance with the City’s non-discrimination policy;

5. The City Manager determines that the proposed event or program will have no significant impacts on the facilities or department activities, that the permittee will provide volunteer services and materials to mitigate any impacts created by the event or program or that the impacts that are created are adequately offset by the public benefit provided by the program or event; and

6. If a fee is charged at the event or program, a reasonable portion of the proceeds as determined by the City Manager will be paid to the City to offset department costs created by the event or program.

IV. Private Community Benefit
A. The City Manager may waive fees for an event or program held by an individual or private business if all of the following criteria are met:

1. The City Manager determines that no profit will be made from the event by the permittee or by any other individual or private business;

2. The City Manager determines that the event or program will be of significant public benefit and is within the scope of services provided by the department;

3. The event or program is open to the public and is in compliance with the City’s non-discrimination policy;

4. The City Manager determines that the proposed event or program will have no significant impacts on the facilities or department activities, that the permittee will provide volunteer services and materials to mitigate any impacts created by the event or program or that the impacts that are created are adequately offset by the public benefit provided by the program or event;

5. If a fee is charged at the event or program, a reasonable portion of the proceeds as determined by the City Manager will be paid to the City to offset department costs created by the event or program
ATTACHMENT 1
3 For all uses, the following standards will apply.

I. Good cause exists and substantial evidence supports conclusions that fees would be a burden on the agency and will not be recoverable through fee for service.

II. A certificate of insurance or statement of self-insurance and hold harmless agreement must be provided by the permittee.

III. Scheduling and use of facilities and events are subject to availability of requested facilities.

IV. Reasonable steps shall be made by permittee to minimize impacts to City facilities, programs and residents. Contributions of volunteer efforts or materials to the Park Maintenance program are encouraged from all users to promote the concept of “improving the parks by our use”.

V. The City Manager may, at his discretion, place conditions upon the permit to minimize impacts to facilities or costs to the City or to restore facilities used to pre-event condition.

A refundable security deposit may be required even for events for which fees have been waived.

Appeals
All decisions of the City Manager may be appealed to the Parks & Recreation Commission for review. If the Commission finds that the City Manager’s interpretation of the fee waiver policies for an appealed request are not consistent with the intent of these guidelines or are not in the best interest of the community and the city in the case of the appealed request, the Commission may forward its findings to the City Council with a request to overturn the decision of the City Manager.

Auditing
Staff will provide quarterly reports to the Parks & Recreation Commission regarding all fee waivers that have been approved or implemented during the past quarter. Annually, the Parks & Recreation Commission shall provide a report to the City Council as to the effectiveness of the fee waiver program in providing additional recreation and community services through private and non-profit partnerships.

ATTACHMENT 1
City of Malibu
Recycled Paper
City Council Policy
Policy #53
__________________________________________________________________ Title Facility Fee Waiver Policy
Purpose
The Facility Fee Waiver Policy establishes fiscally responsible guidelines to equitably evaluate and consider fee waiver requests for one-time events or temporary uses of City facilities and parks. These guidelines establish parameters for waiving outdoor park or indoor facility use fees for community events, activities, and programs that have a public benefit. For purposes of this policy, the term “fee waiver” is to grant a reduction or dismissal of a required fee normally charged for the use of a Cityowned facility or park.

Policy Statement
The City of Malibu (“City”) recognizes the value of working with and supporting organizations to provide services and programs that benefit the Malibu community. The Community Services Department strives to be an exceptional steward over City facilities, parks, and funding for programs and services.

Charging fees is a standard practice when individuals, private groups, government, or non-profit groups wish to reserve and exclusively utilize public facilities. Fees charged for programs and facility/park usage help cover the cost of providing such services and maintaining facilities. This policy is established to determine when applicable City rental fees (e.g., application, facility use, staffing, permit, and other departmental charges) established in the City of Malibu Master Fee Schedule may be waived.

Scheduling and use of facilities are subject to availability. City programs and events, or previous commitments, have priority use. The policy is effective to the extent a fee waiver can be considered without negatively impacting the City’s or Community Services Department’s budget or current operations.

Eligibility
Fees may be waived when there is a public benefit for the City and its community members.

Eligible fees that can be waived include:
- Application fees, specific permit fees, staffing fees related to facility supervision, facility use/rental fees
- Requests for fee waivers can include sports, arts, cultural, and general events or programs Eligible organizations include:
1) Intergovernmental Cooperation
2) Non‐Profit Organization
3) City of Malibu Co-Sponsored Program
Policy #53
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Intergovernmental Cooperation
Fees may be waived for events or temporary uses when the applicant is a government agency, and the use is related to the performance of its normal functions and is a benefit to Malibu residents.

Non-Profit Organization
A fee waiver may be approved for eligible non-profit organizations, including organizations with a non-profit fiscal agent, which is tax-exempt under section 501(c)(3) of the Internal Revenue Code.

The imposition of the fees would create financial hardship for the organization or would have a detrimental effect on the services provided to the public. The program or event is of significant value to the community or to a significant portion of its residents. The event or program is open to the public and is in compliance with the City’s non-discrimination policy.

City of Malibu Sponsored Program
Fees may be waived for events and programs that are sponsored or co-sponsored by the City. The organization/agency requesting sponsorship by the City has a 501(c)(3) status, the program must benefit the Malibu community, and no event fees shall be charged. All resources provided by the City in sponsorship of the event (fee waiver or in-kind service) must be allocated within the current budget without a reduction or increase in services or costs.

Ineligibility
Ineligible Use/Waiver Requests:
- Organizations based outside the City of Malibu, unless the organization has demonstrated that its benefits are primarily for Malibu residents
- Programs primarily of a fundraising or charitable nature unless the funds directly benefit the City of Malibu
- Programs or events that are not open to the public
- Programs or events that are political in nature or by individuals seeking political office or elected officials for the purpose of an election campaign - Religious organizations seeking space or facilities for religious services - Commercial events
- Corporate events
- Family or social gatherings
- Programs or events that provide no community benefit
- Trainings that charge for participation
- Programs or events on Santa Monica-Malibu Unified School District property (example:

Malibu Community Pool)
- Programs or events that would conflict with City program or event scheduling (example:

Chumash Day or Breakfast with Santa)
- Organizations that failed to fulfill their obligations previously received a fee waiver or reduced fee
Fees that cannot be waived under this Policy:
- Costs for contract personnel, including but not limited to security, maintenance, custodial, and audio-visual technicians
Policy #53
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- Costs of rented equipment, including but not limited to barricades, k-rails, portable restrooms, sound systems, etc.
- Deposits for facility use
- Insurance fees
- County, State, or Federal licenses, permit fees, and personnel fees, from Alcoholic Beverage Control, Department of Public Health, Fire Department, Sheriff Department, etc.

Application Process

1. Organization must
a. Review and meet the criteria of City Council Policy #53 Fee Waiver Policy b. Abide by the application schedule
c. Complete and submit the fee waiver application and required documents d. Complete and submit the facility use application at MalibuCity.org/Register i. Only an authorized representative may complete and sign the applications e. If the program or event involves approval from another City Department (example:

Planning Department Temporary Use Permit), the request will be forwarded to that Department; however, it is the sole responsibility of the organization to ensure that all the required documents are submitted and approved in the various Departments

2. Application Required Documents
a. Description of the program or event, including purpose b. How the program or event will provide a community benefit c. Program or event budget listing revenue and expenditures d. How the imposition of fees would create financial hardship or would have a detrimental effect on the organization
e. List of partners that will be a part of or sponsor the program or event f. Marketing and outreach plan
g. Number of working staff or volunteers and schedule/working shifts h. Community impact(s)
i. Experience coordinating programs and events
j. Experience working in Malibu
k. Non-Profit letter/tax-exempt status from the Internal Revenue Service (IRS) l. Organization’s structure, board, and/or bylaws
m. An annual financial statement showing revenues and expenditures n. Insurance documents, including an Endorsement of Insurance naming the City of Malibu as additionally insured
o. Other documents or information required or requested by the Community Services Department
Criteria
In determining if a fee waiver is warranted, the following criteria may be considered:

Organization Structure and Experience
- An eligible organization must have experience coordinating programs or events - Organization serves the Malibu community
- Organization has experience working with the Malibu community Policy #53
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Application Completeness, Compliance, and Requirements
- Complete all required applications
- Submit the required application documents by/before the scheduled deadline (table below) - The program or event must comply with the City’s non-discrimination policy - Organization is in good financial standing with the City - Organization must have no previous violations related to the Fee Waiver Policy and/or Code Enforcement violations (organizations that present false information about their event or program may not be eligible for a fee waiver)
- Organization may collaborate with other entities; however, all partnerships and sponsors must be included in the program or event description
- Organization’s program or event must align with the City’s vision and mission statement - Organization’s proposed program or event is not available through the Community Services Department or other City Departments
- Program or event is open to the public
- Program or event does not have an admission fee, or the organization may propose free admission to Malibu residents
- Leagues with program fees must demonstrate how expenses will benefit athletes and the City (example: field improvements, sod installation, player uniforms, umpire fees, etc.) - The proposed event or program will have no significant impact on City facilities or department activities, and the organization will provide staffing or volunteers and materials to mitigate any impacts created by the event or program, or ensure that the impacts are adequately offset by the public benefit provided by the program or event Acknowledgement and Marketing
Organizations granted a fee waiver or fee reduction shall acknowledge the City in all publicity relating to the event or program. Acknowledgement includes the City of Malibu logo and statements in all advertising and promotional material, press releases, and other promotional contexts.

Promotional opportunities should be included in the fee waiver application.

Fee Waiver Application Schedule
Organizations must submit the Fee Waiver application and all applicable documents by the dates outlined in the schedule below. This schedule provides Staff and organizations sufficient time to plan for programs and events. It also ensures that any permitting, such as a Temporary Use Permit, is routed to internal and external departments or entities with sufficient time to review all required documents. Requests may be denied if organizations fail to meet these deadlines. [Application Schedule on next page]
Policy #53
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Quarter Event Start
Month Application Due Approval/Denial Notification
Quarter 1
January
February
March
October 1 November 30
Quarter 2
April
May
June
January 1 February 28
Quarter 3
July
August
September
April 1 May 31
Quarter 4
October
November
December
July 1 August 31
Application Review and Approval

1. Fee waiver applications will be assessed and reviewed based on the requirements listed in this document by an internal City panel (consisting of staff from the City Manager’s Office, Community Services Department, and/or Administration and Finance Department).The City panel will determine if the organization’s request meets the public purpose requirements.

2. Council will receive a summary report and staff recommendation related to requested fee waivers for final approval each Quarter.

3. Organizations will be notified of the final decision per the schedule, and if approved and applicable, will submit all remaining documents within forty-five (45) days or sooner based on permitting requirements.

4. Failure to abide by the rules and procedures as outlined in the Fee Waiver Policy may result in the respective permittee being denied the current and any future fee waiver requests.

Organizations that fail to cancel the approved event less than 30 days before their scheduled event and/or that fail to abide by the guidelines and requirements outlined in this policy may forfeit their ability to request future fee reductions or waivers for the following twelve (12) months.

5. All fee waiver requests will be approved or denied at the sole discretion of the City.

Approval and Revision
This policy will be reviewed periodically and revised based on changes in community values, financial conditions, or legal requirements. Revisions must be approved by the City Council.

Date Adopted: Date

Agenda Item # 8.A.

Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Richard Rojas, Deputy City Manager
Approved by: Candace Bond, Interim City Manager
Date prepared: October 31, 2025 Meeting date: November 10, 2025 Subject: Request to Dedicate the full Multi-Purpose Room of City Hall as a Senior Center (Mayor Pro Tem Silverstein and Councilmember Conrad)
RECOMMENDED ACTION: At the request Mayor Tem Silverstein and Councilmember Conrad, discuss and provide direction regarding the request to dedicate the full MultiPurpose Room of City Hall as a Senior Center for exclusive use during public hours.

FISCAL IMPACT: The proposed action would not immediately result in significant fiscal expenditure. Any minor costs associated with signage, furnishings, or minor reconfiguration of the Multi-Purpose Room to accommodate exclusive senior use could be absorbed within the existing City maintenance and community services budgets.

If Council elects to pursue future renovations, reconfigurations, or relocations of the Senior Center as part of broader City Hall improvements, such costs would be brought back to Council for separate consideration and budget allocation.

DISCUSSION: City Manager’s Note: The analysis in this report was provided by Mayor Pro Tem Silverstein and Councilmember Conrad. Staff summarized the utilization of the Multi-Purpose Room in 2024 and 2025 for City Council consideration. This report does not contain analysis or recommendations prepared by the staff.

Adopt a Resolution Dedicating the full Multi-Purpose Room of City Hall as a Senior Center, Which is to Be Available for the Exclusive Use of Malibu’s Senior Community (and their Guests) During the Hours in Which City Hall is Open to the Public on Monday through Friday, and With the right of the Seniors to Have Food and Beverages Available in the Senior Center.

The basis for the Proposal is set forth below.

City Council Meeting
11-10-25
Item

8.A.

Agenda Item # 8.A.

During their respective campaigns for election to the City Council in 2024, candidates Conrad and Silverstein separately met with residents who use the portion of the MultiPurpose Room of City Hall that is sometimes used as a Senior Center, and they both committed to advance this Proposal if they were elected (and, in the case of Candidate Silverstein, reelected). Consistent with their campaign commitment, they prepared the Proposal in November of 2024 and were set to submit it to the former City Manager for consideration by the City Council during the second Regular Meeting of the City Council in January – which ordinarily would be the first Regular Meeting of the newly seated City Council at which new business would be conducted. Before they could do so, however, the then-City Manager took an indefinite leave of absence and the Palisades Fire upended everything.

Also during their respective campaigns, Candidates Conrad and Silverstein discussed establishing an Ad Hoc Committee of the City Council to explore potential modifications, reconfiguration and/or remodel of the interior of the entire City Hall building to better accommodate the community, with consideration of, among other things, (a) moving the Senior Center to a different location that is more suitable and accommodating to the Senior Community, (b) upgrading and remodeling the Council Chambers / Malibu Civic Theatre into a state of the art Media and Performing Arts Center, (c) making the more aesthetically pleasing upper floor of the building available for community-serving activities by moving the public counter and certain staff accommodations the lower floor of the building.

Because of the significant disruption to the City’s ordinary conduct of business resulting from the various unanticipated events of the past year, Councilmember Conrad and Mayor Pro Tem Silverstein have decided to postpone proposing these other initiatives until the City has a permanent City Manager, fills many of the vacant staff positions, and gives the post-Palisades Fire rebuild process an opportunity to gain more traction.

By way of background to the substance of the Proposal being made at this time (which also contains some background relevant to the further proposals that are being deferred at this time, but which do have bearing on the Proposal):
• In 2003, the Malibu Senior Center opened in the old city hall (now the UCLA medical building). A 2003 Malibu Times article about the opening of the Senior Center can be viewed at https://malibutimes.com/article_865ecea0-8346-59cf-9dabbcbe500f2f61. • In 2008, the owner of the Malibu Performing Arts Center (i.e., the building that is now City Hall) filed for bankruptcy and Malibu began exploring the purchase of the building.
• In 2009, the City of Malibu (the “City”) purchased the Malibu Performing Arts Center in a bankruptcy sale and began holding scoping meetings. As reported by the Malibu

Agenda Item # 8.A.

Times, the sale included “state-of-the-art recording and sound systems, [and] a 500- seat theater and dance studios” that were housed within the building. See https://malibutimes.com/article_f0985300-8a4e-529c-8416-5ccef6a5cbf9. Another news article published at the time the City purchased the building reports that the then-City Manager explained that the city’s plan was to “convert the building into its new city hall while retaining certain income-generating aspects of the complex, including its 500-seat theater, which have the potential to bring additional revenues to Malibu . . . .” See https://www.globest.com/2009/08/18/malibu-gains-city-hall-viabankruptcy-buy/?slreturn=20241114145011. • In 2010, the City Council determined to pursue a design that put the staff upstairs and the public downstairs and made the then-controversial decision to cut the theater in half so the public works staff could have a corridor to walk through to reach their offices. The Malibu Times reported about the community’s disappointment with the new plan to eliminate half of the seating at the theater and quotes then-Councilmember Pamela Ulich explaining the inadequacy of the process used to solicit community involvement in the city’s plans for the building. Specifically, then-Councilmember Ulich is quoted as saying, “We had the stakeholder meetings [for the new city hall plans] during the day when not many people could attend, and we didn’t have enough of them.” See https://malibutimes.com/article_7d2db92b6364-5693-b672-ca83354c4308. Another Councilmember disputed thenCouncilmember Ulich’s criticism and advocated for the plan that substantially reduced the community activity elements of the building in favor of a more government-centric approach. The article also includes the following:
• Richard D’Amato of LPA, Inc., the architecture firm that will also handle the Malibu Library Renewal Project, presented a preliminary redesign plan in which the 500- person theater would also be used as 2,250-square-foot council chambers.

The problems with doing so, however, are poor sight lines that limit views to the stage, which is currently not handicap accessible, and the large distance between the first row of seats and the stage. Complications also exist with the acoustics and lighting of the theater, which would have to be modified to suit the atmosphere of a meeting space.

To mediate those issues, the plan suggests reducing the seating from 500 to 230, which D’Amato said would also reduce the size of the room and create additional space for community use.

Other features of the building will include a 1,300-square-foot senior center, a 1,300-square-foot multi-purpose room, a 140-square-foot office for the Los Angeles County Sheriff’s Department and a 475-square-foot meeting room.

Agenda Item # 8.A.

Notably, nobody said at the time that the Senior Center would be available to the seniors only when the space was not otherwise needed by the staff, much less that the full space would not be available to the seniors with relative regularity.

City Hall opened in 2011 with the Senior Center occupying both the Multipurpose Room and the Zuma Room. We have been told that the space doubled as a community center and was not used by staff. We also have been told that seniors also had access to a room behind the Council Chambers and that there were wooden floors that were suitable for dance classes.
• During the Covid lockdown, senior programs were put on hold and City Staff began using the space previously used as a Senior Center. The dance room was turned into office space for emergency services. The Zuma Room was turned into staff space, and the Multipurpose Room is now increasingly partitioned and used for staff meetings, City Council workshops, and other city matters.

The time has come to formally dedicate the Multipurpose Room as the Senior Center and return the use of the room to the exclusive use of the seniors. * * *
In light of City’s loss of its only movie theater, the community’s expressed interest in a Community Center, the Arts Commission’s expression of interest in an Arts Center, and the glut of office space in the City, at some future time Councilmember Haylynn and Mayor Pro Tem Silverstein also would like to see an exploration of potential modifications, reconfiguration and/or remodel of the interior of the City Hall to better accommodate the community, with consideration of, among other things, (a) movement of the Senior Center to a different location that is more suitable and accommodating to the senior community, (b) upgrading and remodeling the Malibu Civic Theatre into a state of the art media and performing arts center, and (c) making the more aesthetically pleasing upper floor of the building available for Community-Serving Activities by moving the public counter and certain staff accommodations the lower floor of the building.

ATTACHMENTS:

1. Summary of Multipurpose Room Use 2024 & 2025
Malibu City Hall, Multipurpose Room Use 2024
USE
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
NOV
DEC
TOTAL
Senior Center
Programs
Monday-Friday, 9AM3PM 17 9 10 17 16 15 15 11 7 14 12 5 148 Staff Training City Hall Operating
Hours 1 7 1 1 4 1 15
Staff and
Community
Meetings
City Hall Operating
Hours 6 1 6 9 13 3 3 4 8 7 2 62
Public Safety,
EOC Training,
CERT
City Hall Operating
Hours; CERT after
hours
2 5 1 4 3 1 4 1 6 2 29
Commission
Meetings
MAC, 9:30 AM; PWC,
3:30PM, PSC, 5PM;
others nights/after
hours
5 3 3 4 4 3 4 6 5 37
Special
Council
Meetings
City Hall Operating
Hours 1 1 1 1 1 1 1 1 1 1 10
Facility
Rentals
After hours and
weekends 1 1 1 1 1 1 1 7
Special
Events
After hours and
weekends 2 1 1 1 1 2 3 1 12
LA County Vote Center is every two years – twice a year for 2.5 weeks.

All other usage for the room combined is greater than the number of Senior Center Programs within the MPR (Other Usage: 172 > SC Programs:148).

Malibu City Hall, Multipurpose Room Use 2025
USE
JAN
FEB
MAR
APR
MAY
JUNE
JULY
AUG
SEP
OCT
NOV
DEC
TOTAL
Senior Center Programs Monday-Friday, 9AM-3PM 6 7 7 2 8 8 10 4 3 4 59 Staff Training City Hall Operating Hours 1 1 1 1 1 2 4 3 2 16 Staff and Community
Meetings City Hall Operating Hours 5 4 7 4 4 7 7 8 1 47 Public Safety, EOC
Training, CERT
City Hall Operating Hours;
CERT after hours 31 12 4 9 4 1 1 3 1 1 67
Commission Meetings
MAC, 9:30 AM; PWC,
3:30PM, PSC, 5PM; others
nights/after hours
6 4 5 7 4 6 4 4 4 4 48
Special Council Meetings City Hall Operating Hours 1 1 2 1 2 1 1 9 Facility Rentals After hours and weekends 2 2 1 1 2 11 7 1 27 Special Events After hours and weekends 2 1 2 1 2 1 9
LA County Vote Center is every two years – twice a year for 2.5 weeks.

All other usage for the room combined is greater than the number of Senior Center Programs within the MPR (Other Usage: 223 > SC Programs:59).