Agenda packet, first session — Malibu City Council, April 27, 2026 (part 2 of 2)

Agenda Item # 1.B.5.

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

STRATEGIC PRIORITY: This item supports the City’s 2025 Strategic Plan Goal 1: Support Community Rebuilding and Long-Term Recovery Objective 1.2: Modernize development policies and procedures citywide to support resilient community development.

DISCUSSION: Pursuant to LCP Local Implementation Plan (LIP) Section 19.2.1(A) and MMC Section 17.74.040, a change in the text of the Malibu LCP or the MMC Title 17 (Zoning) must be initiated by the Council through a resolution. The attached resolution gives notice that the Council will consider changes to the code and directs ZORACES and the Planning Commission to hold public meetings and for the Planning Commission to make a recommendation, or recommendations, to the City Council for adoption.

City Council Meeting
04-27-26
Item

1.B.5.

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Agenda Item # 1.B.5.

The purpose of the changes is to harmonize the provisions of the LCP and MMC Title 17 to add clarity and consistency, and codify longstanding interpretations, policies and practices.

Background
In July of 2025, the City of Malibu consolidated the Planning and the Environmental Sustainability Departments into a single Community Development Department. This consolidation was undertaken in response to City Council direction in November 2024 to streamline the development review process, eliminate redundancies, and create a more efficient and customer-friendly experience for Malibu residents and applicants. Among the Council’s key goals for the consolidated department are reducing permit processing times and improving overall customer experience.

Currently, Malibu’s land use regulatory framework is governed by two primary documents MMC Title 17 (Zoning) and the City’s LCP. The MMC was established in the 1990s, while the LCP was drafted by the California Coastal Commission, instead of the City, and certified in 2002. To date, no comprehensive update has been conducted to harmonize the two documents. Instead, specific updates and amendments have been applied throughout the years as a direct response to issues over time. The result being that certain provisions of the MMC and LCP have inconsistencies. These issues affect a range of topics across multiple sections of MMC Title 17 and the LCP, including, but not limited to, standards for setbacks, height, definitions and other development requirements that are addressed differently between the MMC and LCP.

These inconsistencies create ambiguities and interpretive conflicts that undermine staff’s ability to provide reliable, consistent guidance to applicants thereby slowing down the development review process. In the absence of clarity between the two documents, staff has relied upon a series of written interpretations, policies and practices.

Baker Tilly Assessment
In August 2023, Baker Tilly, at the request of the City Council, completed a Comprehensive Development Services Review that assessed how the City’s Planning, Environmental Sustainability (Building Safety), and Public Works departments delivered development services and identified three key challenges: 1) a lack of clear and consistent policies and regulations that make project review more difficult and time consuming; 2) insufficient staffing resources; and 3) gaps in the City’s management system.

Baker Tilly more specifically found that the inconsistencies between the MMC and LCP led to varied interpretations and conflicting rules that make project review more difficult and time consuming, resulting in varying outcomes for applicants. The report also noted that this lack of regulatory clarity is a primary driver of prolonged Planning Commission discussions, an elevated number of variance requests, and frustration with the

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Agenda Item # 1.B.5.
development process. The proposed ZTA and LCPA changes will directly address this recommendation and constitute an important step towards realizing the Council’s vision for a streamlined development process.

Proposed Zoning Text Amendment and Local Coastal Program Amendment The proposed ZTA and LCPA would address inconsistencies and ambiguities between sections of MMC Title 17 and the LCP and incorporate long-standing policies, interpretations and practices into the code texts. Examples where the LCP and MMC differ but are meant to be the same include the following:

Local Implementation Plan Malibu Municipal Code
Section 3.5.3(B)(3) “Unroofed porches,
steps, and terraces may project into a
required yard up to a point not closer than
three feet to a property line, provided, that
the height including railings shall not
exceed six feet above the grade of the
ground at the property line.”
Section 17.40.030(B)(3) “Unroofed
porches, steps, and terraces may project
not more than six feet into a required yard
or to a point not closer than three feet to a
property line; provided, that the height
including railings shall not exceed six feet
above the grade of the ground at the
property line.

Section 3.5.3(B)(4) Balconies, decks,
terraces which are at least eight feet above
grade, may project more than six feet into
a required yard; provided, that at least
three feet of required yard remains. Such
structures shall be cantilevered or
supported only by columns. A balcony or
deck projecting from a higher story may
extend over a lower balcony or deck but
shall not in such case be deemed a roof for
the lower balcony or deck.

Section 17.40.030(B)(4) “Balconies,
decks, terraces which are at least six feet
above grade, may not project more than six
feet into a required yard, and shall provide
at least three feet of required yard. Such
structures shall be cantilevered or
supported only by columns. A balcony or
deck projecting from a higher story may
extend over a lower balcony or deck but
shall not in such case be deemed a roof for
the lower balcony or deck.”
The proposed amendments are not intended to introduce new policy or change the way the City Council and Planning Commission have interpreted the codes. The goal is to reconcile existing regulatory language between the MMC and LCP, and codify longstanding interpretations, policies and practices related to these codes so that both documents reflect clear standards, definitions, and requirements while realizing that each document serves its own purpose.

STAFF FOLLOW-UP: If the resolution is adopted, staff will bring forward proposed amendments to ZORACES first, and then the Planning Commission and City Council. The

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Agenda Item # 1.B.5.
amendments may come in the form of multiple phases through separate amendments.

Staff will also conduct any required environmental review, although it is anticipated that the changes will likely be exempt from CEQA.

ATTACHMENTS:

Resolution No. 26-19
RESOLUTION NO. 26-19

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

INITIATING AMENDMENTS TO THE LOCAL COASTAL PROGRAM AND
TITLE 17 (ZONING) OF THE MALIBU MUNICIPAL CODE TO MODIFY

DEVELOPMENT STANDARDS RELATED TO HEIGHT, SETBACKS, VIEW

IMPACTS, PARKING, SIGNS, FINDINGS, DEFINITIONS, AND RELATED

ISSUES AND TO CODIFY EXISTING POLICIES IN ORDER TO CREATE

HARMONIOUS CODE REQUIREMENTS WHILE MAINTAINING THE

INTENT OF THE DISTINCT LOCAL COASTAL PROGRAM AND MALIBU

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

SECTION 1. Recitals.

A. In August 2023, Baker Tilly, at the request of City Council, completed a Comprehensive Development Services Review for the City of Malibu, addressing long-standing issues with the development process. The report assessed how the City’s Planning, Environmental Sustainability (Building Safety), and Public Works departments delivered development services and identified three key challenges: 1) a lack of clear and consistent policies and regulations that make project review more difficult and time consuming; 2) insufficient staffing resources; and 3) gaps in the City’s management system.

B. In June 2025, the City of Malibu consolidated the Planning Department and the Building Safety Department into a single Community Development Department. This consolidation was undertaken in response to City Council direction in November of 2024 to streamline the development review process, eliminate redundancies, and create a more efficient and customer-friendly experience for Malibu residents and applicants.

SECTION 2. Initiation.

Pursuant to Local Coastal Program (LCP) Local Implementation Plan (LIP) Chapter 19 and Malibu Municipal Code (MMC) Chapter 17.74, the City Council hereby initiates amendments to the LCP and Title 17 (Zoning) of the MMC related to height, setbacks, view impacts, parking, signs, findings, definitions, and related issues and to codify existing policies in order to create harmonious code requirements while maintaining the intent of the distinct LCP and MMC, and directs staff to issue a Notice of Availability consistent with LIP section 19.3.1.

SECTION 3. ZORACES.

The Zoning Ordinance Revisions and Code Enforcement Subcommittee (ZORACES) is hereby directed to conduct a meeting on the subject of modifying development standards, codifying existing policies, in order to create consistent code requirements within the LCP and MMC and addressing related issues. Following the meeting, ZORACES shall recommend to the Planning Commission whether it should approve, modify or deny the proposed amendments. The ZORACES recommendation shall be written and distributed to the Planning Commission and City Council.

Resolution No. 26-19

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______________________
SECTION 4. Planning Commission Hearing.

The Planning Commission is hereby directed to conduct a duly noticed public hearing in accordance with the provisions of MMC Chapter 17.74. The Planning Commission hearing shall take place after ZORACES provides its written recommendations to the Planning Commission and the City Council. Following the public hearing, the Planning Commission shall recommend to the City Council whether it should approve, modify or deny the proposed amendment. The Planning Commission's recommendation shall be made by resolution carried by the affirmative vote of not less than the majority of the entire Planning Commission.

SECTION 5. 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 27th day of April, 2026. _____________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney

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Agenda Item # 1.B.6.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Travis Hart, Interim Assistant Public Works Director Reviewed by: Tatiana, Interim Public Works Director/City Engineer Approved by: Joseph D. Irvin, City Manager
Date prepared: March 23, 2026 Meeting date: April 27, 2026 Subject: Acceptance of Malibu Coast Animal Hospital Roof Repair Project RECOMMENDED ACTION: 1) Accept the work performed by Felson Group, Inc. for the Malibu Coast Animal Hospital Roof Repair Project, Specification 2114 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.

FISCAL IMPACT: There is no fiscal impact with accepting the work complete. Funding for this agreement is included in the Adopted Budget for FY 2025-26 in Account No. 500- 7008-7300 (Legacy Park Improvements).

Project Funding Project Actual Costs
Design
Construction
$0
$175,000
Design
Construction
$0
$103,116
Total Funding $175,000 Total Actual Costs $103,116
Project Savings $71,884
STRATEGIC PLAN IMPLEMENTATION: N/A.

DISCUSSION: The Malibu Coast Animal Hospital Roof Repair Project consisted of the rehabilitation of the existing roof system at the City-owned Malibu Coast Animal Hospital building. The project included the installation of a new Thermoplastic Polyolefin (TPO) roofing membrane over the existing roof structure to address deterioration, improve waterproofing, and extend the useful service life of the facility.

City Council Meeting
04-27-26
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Agenda Item # 1.B.6.

This project was funded through the Legacy Park Improvements account. The Malibu Coast Animal Hospital is one of three commercial tenant buildings that generate revenue for the City, which supports debt service and ongoing site costs, including maintenance, insurance, and property management. As such, roof rehabilitation was a necessary capital improvement to preserve a revenue-generating City asset.

The project was publicly advertised on September 25, 2025, and seven (7) bids were received on October 16, 2025. Felsen Group, Inc. was identified as the lowest responsive and responsible bidder, and the City Council awarded the construction contract in the amount of $84,176 on November 10, 2025.

Construction commenced on March 4, 2026, following weather-related delays. During construction, previously concealed deterioration was discovered and further exacerbated by seasonal rainfall, resulting in additional areas requiring repair. To ensure a fully watertight roofing system and maintain the manufacturer’s 20-year warranty, additional materials and labor were necessary beyond the original scope of work. A change order for $18,940 was issued to address these conditions. The total construction cost was increased to $103,116 which is below the project funding.

The work has now been completed in accordance with the project plans and specifications, resulting in a restored and improved roofing system that enhances the durability and longterm performance of the facility.

The work is now complete. Staff recommends the City Council accept the work performed by Felson Group, Inc. and authorize the Public Works Director to submit for recordation a Notice of Completion for the project.

STAFF FOLLOW-UP: Upon acceptance by the City Council of the work associated with this contract, staff will record the Notice of Completion with the Los Angeles County Registrar/Recorder's Office which will allow the City to then release the retention monies following a required 35-day holding period.

ATTACHMENTS: None.

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Agenda Item # 1.B.7.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Julie Santia, Associate Engineer
Reviewed by: Tatiana Holden, Interim Public Works Director/City Engineer Approved by: Joseph D. Irvin, City Manager
Date prepared: April 8, 2026 Meeting date: April 27, 2026 Subject: Award Westward Beach Road Embankment Repairs Project RECOMMENDED ACTION: 1) Approve the award and authorize the Mayor to execute a construction contract with The Adjul Corporation, dba Lee Construction Co. (Lee Construction), in the amount of $529,836 for construction of the Westward Beach Road Embankment Repairs Project Specification No. 2100; and 2) Authorize the Public Works Director to approve any potential change orders up to 20% of the contract amount.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement is included in the Adopted Budget for FY 2025-26 in Account No. 102-9216-5100 (Westward Beach Road Embankment Repairs).

Project Funding Project Estimate
CalOES $671,250 Design $134,914.65
Escrow Credit $151,348 Construction $529,836.00
Contingency (20%) $105,967.20
Total Funding $822,598 Total Estimate $770,717.85
STRATEGIC PRIORITY: This item supports the City’s 2025-2028 Strategic Plan. Goal 3:

Advance Infrastructure Resilience (protect ecosystems from storm surge – design and implement nature-based solutions).

DISCUSSION: The winter storms following the Woolsey Fire resulted in increased storm run-off and flows in Zuma Canyon Creek. Damage to the creek bed and road embankment including the shoulder of the roadway were incurred during these storm events. The City applied and was approved for a grant from CalOES to perform the design and repairs.

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04-27-26
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Agenda Item # 1.B.7.

Civil engineering consultant M6 Consulting, Inc. was hired to prepare plans to address drainage and erosion along the 335-foot section of Westward Beach Road. The scope of work includes the installation of rock rip rap protection of the embankment, a 24-inch stormwater pipeline to collect stormwater from the roadway, and shoulder/curb repairs to the roadway. The rock revetment will not be grouted and the trees will be protected.

The City has obtained regulatory approval to perform this work from the California Department of Fish and Wildlife, US Army Corps of Engineers and the Regional Water Quality Control Board and a Coastal Development Permit through the City Planning Department. These permits are required because the project area is in the coastal zone and work will be performed within the creek bed. The bank of Zuma Canyon Creek also serves as the road embankment for Westward Beach Road. Permit requirements included a biological survey, tree survey and mitigation plan. The City is working with the Los Angeles County Department of Beaches and Harbors to perform mitigation work near the project site in a mutually beneficial effort to fulfill the mitigation requirements.

The project plans and specifications for the Westward Beach Road Embankment Repairs Project were completed and advertised for construction bids. On April 2, 2026, the City received four (4) construction bids. The following is a summary of the construction bids:

Contractor Bid Amount
The Adjul Corporation dba Lee Construction $529,836
J&H Engineering General Contractors, Inc. $704,220
Summer Construction, Inc. $724,628
Beador Construction Company, Inc. $750,300
Lee Construction was the apparent lowest bidder for this project. Staff reviewed the bid and found it to be in order and in conformance with the contract bid requirements. Staff has checked the contractor’s license with the Contractor’s State License Board and found it to be current and active. References contacted by staff have verified Lee Construction’s work and found their work to be satisfactory. Lee Construction has previously completed numerous slope, erosion control and rock revetment projects over 29 years including projects for the City of Malibu. Staff have determined that Lee Construction is qualified to complete the proposed work for the project.

Staff recommends the Council authorize the Mayor to execute an agreement with Lee Construction and authorize the Public Works Director to approve potential change orders up to 20% of the total contract amount. Once approved, staff will process the agreement and issue a Notice to Proceed for the project.

ATTACHMENTS:

1. Public Works Agreement with The Adjul Corporation dba Lee Construction

CITY OF MALIBU

PUBLIC WORKS AGREEMENT
This Public Works Agreement (“Agreement”) is made and entered into as of the date executed by the Mayor and attested to by the City Clerk, by and between the Adjul Corporation dba Lee Construction Company (hereinafter referred to as “CONTRACTOR”) and the City of Malibu, California, a municipal corporation (hereinafter referred to as “CITY”).

R E C I T A L S
A. Pursuant to the Notice Inviting Sealed Bids for the Westward Beach Road Embankment Repairs Project, Specification No. 2100 bids were received, publicly opened, and declared on the date specified in the notice.

B. On April 23, 2026, Malibu’s City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR.

C. The City Council has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Westward Beach Road Embankment Repairs Project, Specification No. 2100 in the City of Malibu.

NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed:

1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Westward Beach Road Embankment Repairs Project, Specification No. 2100 in the City of Malibu. The work shall be performed in accordance with the Plans and Specifications dated (and as generally described in the “Notice Inviting Bids,” attached as Exhibit A) and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal (attached as Exhibit B) and in accordance with the instructions of the City Engineer, or City’s Manager’s designee.

2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The contract documents for the aforesaid project, a complete set of which is on file with the Malibu City Clerk’s Office, shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Standard Specifications, Special Provisions, and all referenced specifications, details, standard drawings, and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement, and the Standard Specifications, in Docusign Envelope ID: 2DCA4B1C-0EA5-480B-81CC-78BBA432E502 Public Works Agreement
The Adjul Corporation dba Lee Construction Company

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that order, shall control. Collectively, these contract documents constitute the complete agreement between CITY and CONTRACTOR and supersede any previous agreements or understandings.

3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 65 consecutive working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay CITY as liquidated damages, not as a penalty, the sum of $500 per day for each and every day of unauthorized delay beyond the completion date, which amount shall be deducted from any payments due or to become due the CONTRACTOR.

5. PREVAILING WAGES:

A. Pursuant to Labor Code Section 1720, and as specified in Title 8, California Code of Regulations, Section 16000 et seq., CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws.

B. In accordance with Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site.

C. CITY directs CONTRACTOR’s attention to Labor Code Sections 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor.

D. Labor Code Section 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the Docusign Envelope ID: 2DCA4B1C-0EA5-480B-81CC-78BBA432E502 Public Works Agreement
The Adjul Corporation dba Lee Construction Company

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apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:
(1) When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or
(2) When the number of apprentices in training in the area exceeds a ratio of one to five, or
(3) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or
(4) When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.
(5) CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions.
(6) CONTRACTOR and any subcontractor must comply with Labor Code Sections 1777.5 and 1777.6 in the employment of apprentices. (7) Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations (DIR), ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

E. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost.

F. CONTRACTOR and its subcontractors must comply with Labor Code Sections 1725.5 and 1777.1, including the requirement that registration with the DIR be maintained through the term of the Project. The City may, from time to time, request evidence of current registration.

Docusign Envelope ID: 2DCA4B1C-0EA5-480B-81CC-78BBA432E502 Public Works Agreement
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6. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.

CONTRACTOR shall forfeit, as a penalty to CITY, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any subcontractor under it, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code.

7. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.

8. CONTRACTOR'S LIABILITY: The City of Malibu and its officers, agents and employees (“Indemnitees”) shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work.

CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever.

CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of CITY. In connection therewith:
a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith.
b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom.

Docusign Envelope ID: 2DCA4B1C-0EA5-480B-81CC-78BBA432E502 Public Works Agreement
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c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees.

CONTRACTOR'S obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by CITY may be retained by CITY until disposition has been made of such actions or claims for damages as aforesaid.

It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.

This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees.

CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.

9. THIRD PARTY CLAIMS. In accordance with Public Contracts Code Section 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of this Agreement. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any thirdparty claim.

Docusign Envelope ID: 2DCA4B1C-0EA5-480B-81CC-78BBA432E502 Public Works Agreement
The Adjul Corporation dba Lee Construction Company

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10. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

11. INSURANCE: With respect to performance of work under this contract, CONTRACTOR shall maintain and shall require all of its subcontractors to maintain insurance as required in the Standard Specifications.

12. ASSIGNMENT: This contract is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect.

14. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY.

15. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date.

16. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession.

CONTRACTOR shall maintain a City of Malibu business license, if required under CITY ordinance.

17. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining Docusign Envelope ID: 2DCA4B1C-0EA5-480B-81CC-78BBA432E502 Public Works Agreement
The Adjul Corporation dba Lee Construction Company

Page 7 of 9 ends

to this Agreement and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for three years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours.

18. SEVERABILITY. If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect provided that it does not frustrate the mutual intent of the parties herein.

19. WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein.

Each party to this contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this contract shall not be valid or binding. Any modifications of this contract will be effective only if signed by the party to be charged.

20. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This Agreement may be modified by written amendment. CITY’s City Manager may execute any such amendment on CITY’s behalf.

21. NOTICES: All notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose.

Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.

CITY OF MALIBU
23825 Stuart Ranch Road
Malibu, CA 90265
Attn: Tatiana Holden, Interim Public Works Director/City Engineer Docusign Envelope ID: 2DCA4B1C-0EA5-480B-81CC-78BBA432E502 Public Works Agreement
The Adjul Corporation dba Lee Construction Company

Page 8 of 9 ends

CONTRACTOR
The Adjul Corporation dba Lee Construction Company
4288 Adam Road
Simi Valley, CA 93063
Richard Smith, President

22. DISPUTES. Disputes arising from this contract will be determined in accordance with the contract documents and Public Contracts Code Sections 10240-10240.13.

23. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of race, religion, color, medical condition, sex, sexual orientation, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735.

24. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.

25. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents.

26. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

27. GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County.

Docusign Envelope ID: 2DCA4B1C-0EA5-480B-81CC-78BBA432E502 Public Works Agreement
The Adjul Corporation dba Lee Construction Company

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures.

This Agreement is executed on this day of , 2026, at Malibu, California, and effective as of April 23, 2026.

CITY OF MALIBU:
_______________________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
The Adjul Corporation
dba Lee Construction Company:
________________________________________
Richard Smitn, President
CONTRACTOR’S State of California License No.
_________________________________________
CONTRACTOR’S Business Phone No.
_________________________________________
CONTRACTOR’S Emergency Phone No. at which
contractor can be reached at any time
_________________________________________
_________________________________________
_________________________________________
Docusign Envelope ID: 2DCA4B1C-0EA5-480B-81CC-78BBA432E502 805-522-5195
805-432-8986 Rick Smith
805-432-5774 Debbie Reilly
726,736.00

NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that sealed bids forthe City of Malibu, WESTWARD BEACH ROAD EMBANKMENT REPAIRS PROJECT, SPECIFICATION NO. 2100, will be received by the City Clerk, at Malibu City Hall, 23825 Stuart Ranch Road, Malibu, California, 90265 at or before 3:30 p.m. on Thursday, April 2, 2026, at which time they will be publicly opened and read by the City Clerk (or designated representative).

SCOPE OF WORK
In general, the propose improvements address drainage and erosion along a section of Westward Beach Road including rock revetment, asphalt berm, pavement repair, storm drain, environmental mitigation and all other appurtenant work included and shown in the Contract Documents and Specifications.

The bid shall be submitted and the work shall be performed by a Class “A” or “C-12" State of California licensed contractor in strict conformance with the project specifications for Project Specification No. 2100 now on file in the City’s Public Works Department.

An electronic copy of plans and specifications may be obtained by prospective bidders from the Public Works Department through [email protected].

All prospective bidders shall abide by the provisions of the Bid Terms and Conditions listed in the project’s specifications.

The City reserves the right to retain all bids for a period of 120 days after the bid opening date for examination and comparison and to delete any portion of the work from the Contract. The City reserves the right to determine and waive nonsubstantial irregularities in any bid, and to reject any or all bids. The bid shall be balanced so that each bid item is priced to carry its share of the cost of the work and also its share of the contractor’s overhead and profit. The City reserves the right to delete any bid item to the extent that the bid is qualified by specific limitation. An unbalanced bid shall be considered as grounds for rejecting the entire bid. The City shall award the bid to the lowest responsible bidder as the interest ofthe City may require.

In accordance with the provisions of Division 2, Part 7, Chapter1 ofthe California Labor Code, the California Department of Industrial Relations has established the general prevailing rates of per diem wages for each craft, classification and type of work needed to execute contracts for public works and improvements. The per diem wages published at the date the contract is advertised for bids shall be applicable. Future effective wage rates which have been predetermined are on file with the Department of Industrial Relations, are referenced but not printed in said publication. The new wage rates shall become effective on the day following the expiration date and apply to this contract in the same manner as ifthey had been included or referenced in this contract. The website for California Department of Industrial Relations Prevailing Wage Unit is currently located at www.dir.ca.gov, prevailing wages are located on the website at http://www.dir.ca.gov/dlsr/pwd/index.htm.

The wage rate for any classification not listed by the California Department of Industrial Relations, but which may be required to execute the proposed contract, shall be in accord with specified rates for similar or comparable classifications or for those performing similar or comparable duties, within the agency’s determinations. 5 EXHIBIT A
Docusign Envelope ID: 2DCA4B1C-0EA5-480B-81CC-78BBA432E502 At the time of submitting the bid the Bidder shall be registered with the California Department of lndustrial Relations in accordance with the provisions of Section 1771 .1 of the California Labor Code, as amended by Senate Bill 854. No public work contract may be awarded to a non-registered contractor or subcontractor.

Without exception, the bidder is required to state the name and address of each subcontractor who will perform work or labor or render service to the prime contractor and the portion of the work which each will do in their bid as required by Section 2-3, "Subcontracts", of the Standard Specifications and in conformance with Public Contract Code, Sections 41 00 to 4113, inclusive.

The City will not consider awarding any contract based upon any bid submitted by any contractor nor consent to subletting any portions of the Contract to any subcontractor located in a foreign country during any period in which such foreign country is listed by the United States Trade Representative as discriminating against U.S. firms in conducting procurements for public works projects.

All bidders are hereby notified that any contract entered into pursuant to this advertisement, Business Enterprises must be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color or national origin consideration for an award.

The Contractor may substitute securities for retention monies pursuant to Public Contract Code Section 22300.

Date this 4th day of March, 2026

CITY OF MALIBU, CALIFORNIA
\Lr/ /7
p
Tatiana Holden, Interim Public Works Director/City Engineer Published: Malibu Times on March 12, 2026 and March 19, 2026 Docusign Envelope ID: 2DCA4B1C-0EA5-480B-81CC-78BBA432E502

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Agenda Item # 1.B.8.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Kristin Riesgo, Community Services Director Approved by: Joseph D. Irvin, City Manager
Date prepared: April 10, 2026 Meeting date: April 27, 2026 Subject: Resolution to Rename the Charmlee Wilderness Park Nature Center RECOMMENDED ACTION: Adopt Resolution No. 26-20, renaming the Charmlee Wilderness Park Nature Center in honor of Walt and Lucile Keller and changing the name to the Walt and Lucile Keller Nature Center.

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

STRATEGIC PLAN IMPLEMENTATION: N/A.

DISCUSSION: At the November 27, 2023 Regular Meeting, the City Council approved renaming the Charmlee Wilderness Park Nature Center (Nature Center) in honor of Walt and Lucile Keller. At the June 10, 2024 Regular Meeting, Council received an update on the condition of the Nature Center and confirmed its direction to proceed with the name change.

City Council Policy No. 52, Naming Rights for Public Facilities, was adopted in March 2025 post Council direction to rename the Nature Center. The proposed renaming is consistent with the Policy’s criteria, including the required naming format (honoring an individual(s) of significant stature within the community), visibility considerations, and the requirement for City Council approval. This project was approved before the Naming Rights Policy was adopted, the Policy’s financial contribution and timeframe provisions do not apply to the renaming of the Nature Center.

Adoption of Resolution No. 26-20 will formalize the renaming, and a facility name unveiling event will occur in Fiscal Year 2025-26; however, the facility's indoor area will remain closed and remain on the long-term Capital Improvement Project (CIP) list.

City Council Meeting
04-27-26
Item

1.B.8.

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Agenda Item # 1.B.8.

Mr. Keller was a Malibu resident for over fifty years and played a significant role in the community prior to the City’s incorporation in 1991. He served on the Malibu Township Council and helped organize the Malibu Committee for Incorporation, both of which were instrumental in Malibu’s transition to cityhood. Mr. Keller later served as Malibu’s first Mayor and as a member of the City Council from 1990 to 1994 and 1996 to 2000, and was recognized for his service by the City Council at Malibu’s 20th Anniversary Celebration on March 28, 2011.

Mrs. Keller dedicated more than five decades to preserving Malibu’s rural character through environmental advocacy and civic leadership. As a longtime member of the Malibu Township Council, she worked closely with her husband on the City’s incorporation and supported efforts to improve water quality in Malibu Lagoon, Malibu Creek, and Surfrider Beach.

ATTACHMENTS: Resolution No. 26-20
RESOLUTION NO. 26-20

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU TO

RENAME THE CHARMLEE WILDERNESS PARK NATURE CENTER IN

HONOR OF WALT AND LUCILE KELLER, CHANGING THE NAME TO THE WALT AND LUCILE KELLER NATURE CENTER.

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

SECTION 1. Recitals.

A. On November 27, 2023, the City Council approved the renaming of the Charmlee Wilderness Park Nature Center in honor of Walt and Lucile Keller.

B. Walt and Lucile were instrumental in the efforts leading to Malibu’s incorporation as a City, with Mr. Keller serving as the City’s first Mayor. Together, they dedicated more than 50 years to preserving Malibu’s rural character through environmental advocacy and civic leadership.

C. On June 10, 2024 City Council reaffirmed the renaming of the Charmlee Wilderness Park Nature Center in honor of Walt and Lucile Keller and directed staff to bring back a Resolution to memorialize the change.

SECTION 2. The City Council adopts naming the Charmlee Wilderness Park Nature Center as the Walt and Lucile Keller Nature Center.

SECTION 3. The City Council authorizes the City Manager or designee to take all other actions necessary and appropriate to effectuate the name change, including but not limited to, changing signage and updating the City’s website.

SECTION 4. This Resolution shall become effective immediately upon its passage and adoption.

SECTION 5. 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 ____ 2026. _____________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney

Page 1 of 1 ends

Agenda Item # 1.B.9.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Gregory Kajszo, Assistant to the City Manager Approved by: Joseph D. Irvin, City Manager
Date prepared: April 9, 2026 Meeting date: April 27, 2026 Subject: Letter of Support for SB 1343
RECOMMENDED ACTION: Authorize the Mayor to sign a letter of support for Senate Bill 1343, legislation to provide a tax credit for sales and use tax paid on disaster rebuildingrelated purchases FISCAL IMPACT: There is minimal to no fiscal impact to the City for the support of rebuilding-related tax credits. SB 1343 is structured as a credit against state income tax and not as a reduction in the sales tax collected at the register. The purchaser would still pay the sales or use tax first, and then later claim a credit on their state tax return.

STRATEGIC PLAN IMPLEMENTATION: N/A.

DISCUSSION: On February 23, 2026, staff presented an assessment of rebuild sales tax suspensions to the City Council. During this presentation, Council expressed interest in having the Rebuild Task Force prepare a formal letter of support for rebuild sales tax suspension legislation, subject to final Council review and modification.

In accordance with Council’s direction, representatives from the Rebuild Task Force drafted the requested letter of support of SB 1343, which proposes providing a tax credit for sales and use tax paid on rebuilding-related purchases. Following the initial drafting, the document was reviewed by Mayor Silverstein, whose revisions have been incorporated into the current version.

The finalized draft, reflecting both the Task Force’s recommendations and the Mayor’s subsequent edits, is provided for Council’s consideration as Attachment 1.

ATTACHMENTS: Letter of Support for SB 1343.

City Council Meeting
04-27-26
Item

1.B.9.

City of Malibu
23825 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-3356 · www.malibucity.org Dear Senator Allen,
At the direction of the City Council, and on behalf of the City of Malibu, I am writing to express our appreciation and support for your efforts in strengthening and advancing legislation to provide sales and use tax relief for residents rebuilding in the aftermath of the recent wildfires. We also respectfully request your consideration of expanding the proposed tax relief to provide more extensive financial assistance required by many residents to return to their homes that were destroyed or substantially damaged by the wildfires.

We are aware of SB 1343, which you have introduced alongside Senator Dahle to provide a tax credit for sales and use tax paid on rebuilding-related purchases. While we view SB 1343 as an important step in addressing the financial burden faced by fire survivors, we believe the current structure of the bill does not fully meet the scale of the financial assistance required to facilitate recovery in communities such as Malibu, Pacific Palisades, and Altadena.

The magnitude of destruction caused by the wildfires has created an extraordinary financial burden for homeowners throughout L.A. County working to rebuild their primary residences. Rebuilding costs remain elevated, and residents are navigating significant financial strain at a time when access to capital and insurance proceeds is often limited or delayed. This burden is particularly acute for seniors and long-time residents on fixed incomes, many of whom may not have sufficient tax liability to benefit from an income tax credit structure. For these reasons, we respectfully submit that an income tax credit is not the proper vehicle for providing financial assistance that will reach those who have the greatest need for financial assistance, and a cap of $10,000 is not realistic.

We respectfully request consideration of a strengthened approach that would establish a temporary, narrowly tailored refundable sales and use tax program applicable to:
• Construction and building materials used to rebuild homes destroyed or substantially damaged by the wildfire; and
• Essential replacement personal property, including appliances, fixtures, and other necessary household items lost as a result of the disaster.

We believe a refund-based structure, administered by the California Department of Tax and Fee Administration (CDTFA), would be more equitable and effective than an income tax credit. Under this approach, retailers would continue to collect tax at the point of sale, and eligible homeowners would apply for refunds based on documented rebuilding and replacement costs. This would ensure that relief reaches all affected residents, regardless of income level, while leveraging existing administrative processes already in place.

We also believe that the amount of the refund should be limited only by the amount of tax actually paid for qualified materials and goods. As explained below, the State of California should not be 2 Recycled Paper
looking to gain financially from the hardship of residents impacted by the wildfires, and the imposition of a cap that is below the amount of tax actually paid for qualified materials and goods would financially benefit the State at the expense of residents seeking to rebuild their lost homes.

Moreover, for the reasons explained in greater detail below, the imposition of a cap that impairs rebuilding is actually counter-productive to the State’s financial interests.

We recognize that any proposed legislation must consider fiscal impacts. However, reconstruction driven spending represents incremental economic activity tied directly to disaster recovery and was not part of baseline revenue projections. While cities and counties may be facing fiscal pressures, relying on revenues generated from residents rebuilding after catastrophic loss raises fundamental fairness concerns. Wildfire survivors should not be placed in a position where they are effectively contributing additional tax revenue simply to restore their homes and lives. At the same time, rebuilding generates substantial economic benefits, including construction employment, demand for professional services, and broader local and regional economic activity.

A temporary and clearly defined refund mechanism would help reduce the financial burden on wildfire survivors, accelerate rebuilding timelines, and support overall community recovery.

The Malibu City Council has formally expressed its support for pursuing this approach and stands ready to work with your office to refine and advance this effort. We welcome the opportunity to engage directly with you and your staff to discuss how SB 1343 could be strengthened or complemented to better serve affected communities.

Thank you for your continued leadership and commitment to supporting communities recovering from wildfire disasters.

Respectfully,

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Agenda Item # 1.B.10.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Joseph D. Irvin, City Manager
Date prepared: April 10, 2026 Meeting date: April 27, 2026 Subject: Resolution Extending the Declaration of the Existence of a Local Emergency Regarding Conditions on Pacific Coast Highway (PCH) RECOMMENDED ACTION: Adopt Resolution No. 26-21 extending the declaration of the existence of a local emergency related to the increase of reckless and illegal driving on Pacific Coast Highway and directing staff to coordinate efforts with other governmental agencies to increase attention and create programs to reduce the risk and danger associated with Pacific Coast Highway in the City.

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

STRATEGIC PLAN IMPLEMENTATION: This item supports the City’s 2025 Strategic Plan Goal 1 - Support Community Rebuilding and Long-Term Recovery.

DISCUSSION: On November 13, 2023, the Council adopted Resolution No. 23-52 declaring the existence of a local emergency in response to increasing reckless and illegal driving on PCH. The Council last reviewed and extended this declaration on March 9, 2026.

The California Emergency Service Act allows the City to proclaim a local state of emergency when needed to protect the public safety in dire circumstances. The status and use of Pacific Coast Highway (“PCH”) currently constitutes a condition, or threatened condition, of extreme peril to the safety of persons and property within the City of Malibu.

PCH is the City’s main thoroughfare, and each day serves as a commuting route, a residential street, a business corridor, and for persons accessing beaches and other local recreation amenities, a pathway used by pedestrians and cyclists. PCH is a California State Highway (State Route 1) that is managed and maintained by the California Department of Transportation (“Caltrans”) with a posted speed limit ranging between 45- 55 miles per hour in the City. Excessive speeding, reckless driving, unsafe U-turns, and City Council Meeting
04-27-26
Item

1.B.10.

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Agenda Item # 1.B.10.
distracted driving caused by cell phone use and other distractions have resulted in increased collisions with other motorists, cyclists and pedestrians on PCH that have resulted in injury and death.

According to data from the Statewide Integrated Traffic Records System obtained through UC Berkley’s Transportation Injury mapping system, between 2018 and 2022, there were 22 deadly crashes on PCH in the City, resulting in the death of 23 people. Data from the California Highway Patrol indicates that there have been 49 fatalities along PCH in Malibu from 2012-22. And finally, the Los Angeles Times has reported that there have been 170 combined deaths and serious injuries to drivers, passengers, cyclists, and pedestrians between 2011 and 2023 along PCH in the City. Further, countless other close calls or near misses from the danger posed by the conduct on PCH are impossible to quantify. Most recently, a crash occurred on PCH resulting in the tragic and unnecessary loss of four Pepperdine University students who were walking along PCH. According to authorities, the driver of the car was allegedly traveling at a speed in excess of 100 miles per hour when his vehicle lost control, sideswiped at least three parked cars, and then crashed into a group of people including the four Pepperdine University students and two others.

These statistics and the most recent tragedy are all consistent with the day-to-day experience of City residents, visitors, officials, and staff. PCH has become increasingly dangerous to residents and visitors due to the common occurrence of drivers speeding, driving recklessly, or driving while distracted. Residents and visitors are now forced to weigh and modify their use of PCH depending on the time of day and other factors (e.g., weather, weekend vs. weekday, existing traffic conditions, etc.) because of the danger posed. Despite efforts by the City and other governmental agencies to improve the safety of PCH, the point has been reached that the risk is just too great. The status quo is no longer acceptable, and action must be taken to mitigate this local emergency.

Safety on PCH is a problem that the City cannot address and fix alone. It will need to work with Caltrans to make changes to PCH itself. PCH is a State Highway managed and controlled by Caltrans. Sections 83 and 90 of the Street and Highways Code state that Caltrans has jurisdiction, possession, control and responsibility for the maintenance of State Highways. Further sections of the Streets and Highways Code make clear that Caltrans is the entity with decision-making power over PCH in the City, including improvements, safety elements and speed limits. Further, Streets and Highway Code section 124 states that it is Caltrans, not the City, that can restrict the use of, or close, a State Highway for the protection of the public.

Furthermore, law enforcement agencies such as the Los Angeles County Sheriff’s Department (LASD) and the California Highway Patrol have enforcement jurisdiction over PCH for Vehicle Code violations and other code violations. Given its enforcement jurisdiction over PCH, the City can also work through the LASD to address vehicle code violations and related enforcement action. To effectively effect change, the City must

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Agenda Item # 1.B.10.
coordinate and work together with its other governmental partners to implement strategies and solutions to reduce the danger on PCH for all users.

California Government Code Section 8630 empowers the City Council to proclaim the existence of a Local Emergency when there is extreme peril to the safety of persons and property within the territorial limits of the City. Additionally, California Government Code Section 8634 empowers the City Council to promulgate orders and regulations necessary to provide for the protection of life and property during the time of a Local Emergency.

These statutes codify the constitutional “police powers” of local governments to adopt local legislation designed to protect the health, safety, and welfare of the community. Further, the City’s Municipal Code (Chapter 2.52) establishes the City’s disaster council and policies and procedures for dealing with a local emergency. The City’s purchasing ordinance (Chapter 2.56) allows for greater flexibility when making purchases for supplies or services in response to a local emergency. Thus, a declaration of local emergency provides the City greater flexibility to act expediently when trying to address and mitigate the danger posed by the local emergency. It may also aid in coordination with other governmental entities and allow the City access to other resources.

Government Code Section 8630 requires that the City Council review the need for continuing a local emergency at least once every 60 days until the City Council terminates the local emergency.

As such, City staff recommend adopting Resolution No. 25-47 extending the declaration of the existence of a local emergency. If adopted, the City Council will review, and as needed renew, this action at least every 60 days.

ENVIRONMENTAL REVIEW:

This resolution and the actions taken and/or proposed herein are not a project pursuant to the California Environmental Quality Act (CEQA) since they are activities that are excluded from the definition of a project by section 21065 of the California Public Resources Code and section 15378(b) of the State CEQA Guidelines. The proposed actions are organizational or administrative activities of government which will not result in direct or indirect physical changes in the environment. These actions are also exempt from CEQA as specific actions necessary to prevent or mitigate an emergency pursuant to section 21080(b)(4) and section 15269(c) of the State CEQA Guidelines. They also are exempt under CEQA Guidelines Section 15301 – existing facilities. Coordinating and improving infrastructure and safety as well as education and enforcement efforts for safer driving and use of PCH are all exempt activities. Further, to the extent there are minor/temporary uses of land having a negligible or no permanent effect on the environment, these activities are exempt under Section 15304(e) of the CEQA Guidelines.

ATTACHMENTS: Resolution No. 26-21
RESOLUTION NO. 26-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

EXTENDING THE DECLARATION OF THE EXISTENCE OF A LOCAL

EMERGENCY RELATED TO THE INCREASE OF RECKLESS AND

ILLEGAL DRIVING ON PACIFIC COAST HIGHWAY AND DIRECTING

STAFF TO COORDINATE EFFORTS WITH OTHER GOVERNMENTAL

AGENCIES TO INCREASE ATTENTION AND CREATE PROGRAMS TO

REDUCE THE RISK AND DANGER ASSOCIATED WITH PACIFIC COAST

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

SECTION 1. Recitals.

A. Condition or threatened conditions of extreme peril to the safety of persons and property have arisen and continue within the City of Malibu caused by the increase in reckless and illegal driving on Pacific Coast Highway (“PCH”) in the City. This reckless and illegal driving has led to increased collisions with other motorists, cyclists and pedestrians, resulting in injury and death.

B. According to data from the Statewide Integrated Traffic Records System obtained through UC Berkley’s Transportation Injury Mapping System, between 2018 and 2022 there were 22 deadly crashes on PCH in the City, resulting in the death of 23 people. According to data from the California Highway Patrol, there have been 49 fatalities along PCH through Malibu from 2012-22. According to the Los Angeles Times there have been 170 deaths and serious injuries to drivers, passengers, cyclists and pedestrians between 2011 and 2023.

C. On October 17, 2023, a crash occurred in the 21500 block of PCH resulting in the tragic loss of four Pepperdine University Students who were walking along the road. According to authorities, the driver of the car was traveling at a speed in excess of 100 miles per hour when he lost control, sideswiped at least three parked cars and then crashed into a group of people including the four Pepperdine University Students and two others.

D. PCH is a California State Highway managed and maintained by the California Department of Transportation (“Caltrans”). The posted speed limit along PCH in the City ranges between 45-55 miles per hour.

E. PCH is the City’s main thoroughfare and serves as a commuting route, a residential street and business corridor in the City.

F. City officials, City staff and City residents are tragically aware that PCH has become increasingly dangerous to residents, visitors and commuters, with drivers regularly exceeding the posted speed limits or driving recklessly or distracted which Resolution No. 26-21

Page 2 of 3 ends

_____________________
has resulted in not only the killing and maiming of pedestrians, cyclists and other motorists, but a collective fear and trauma about the risks posed by accessing PCH.

G. Despite efforts by the City and other governmental agencies to improve the safety of PCH, PCH continues to pose a threat to those who drive, walk and/or cycle along it. Serious and dangerous collisions continue to occur too regularly, with four additional fatalities since November 2023.

H. California Government Code Section 8630 empowers the City Council to proclaim the existence of a Local Emergency when there is extreme peril to the safety of persons and property within the territorial limits of the City. Additionally, California Government Code Section 8634 empowers the City Council to promulgate orders and regulations necessary to provide for the protection of life and property during the time of a Local Emergency. These statutes codify the constitutional “police powers” of local governments to adopt local legislation designed to protect the health, safety, and welfare of the community.

SECTION 2. It is hereby proclaimed that:

A. The above recitals are true and correct.

B. The increase in and continuation of dangerous, illegal, reckless and/or distracted driving on PCH in the City currently poses extreme peril to persons and property in Malibu. As such, the City Council finds that the declaration of local emergency remains valid and necessary, and will remain in effect until the extreme danger has subsided.

C. To reduce and prevent the risks associated with dangers posed on PCH, City staff are directed to coordinate with Caltrans, the Los Angeles County Sheriff, the California Highway Patrol, and other entities and government agencies to implement programs, increase enforcement of existing laws and/or develop solutions to reduce the danger on PCH to pedestrians, cyclists and other motorists from dangerous, illegal, reckless and/or distracted driving on PCH.

D. The City Director of Emergency Services, or designee, is directed and authorized to address any and all impacts and conditions caused by the emergency and to obtain any and all aid and assistance from local, county, state, or federal agencies, including but not limited to aid and assistance pursuant to the California Disaster Assistance Act, California Government Code Section 8690 et. seq.

E. The City Manager, as the Purchasing Officer of the City pursuant to Malibu Municipal Code Section 2.56.070(C), is authorized to make purchases of supplies or services exceeding twenty-five thousand dollars ($25,000.00) in compliance with Malibu Municipal Code, Chapter 2.56.

Resolution No. 26-21

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F. City staff are directed to report back to the City Council regarding programs and strategies proposed or implemented to mitigate the risk associated with this local emergency.

SECTION 3. The local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council. As required by law, the City Council shall review the need to continue the state of emergency every 60 days until this resolution is terminated.

SECTION 4. This resolution and the actions taken and/or proposed herein are not a project pursuant to the California Environmental Quality Act (CEQA) since they are activities that are excluded from the definition of a project by section 21065 of the California Public Resources Code and section 15378(b) of the State CEQA Guidelines. The proposed actions are organizational or administrative activities of government which will not result in direct or indirect physical changes in the environment. In the alternative, find that the actions are exempt from CEQA as specific actions necessary to prevent or mitigate an emergency pursuant to section 21080(b)(4) and section 15269(c) of the State CEQA Guidelines.

SECTION 5. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED, and ADOPTED this __ day of ______ 2026. _____________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney

Page 1 of 2 ends

Agenda Item # 1.B.11.

FISCAL IMPACT: There is no fiscal impact associated with the recommended action. The existence of the local emergency will potentially help qualify the City and its residents for reimbursement for certain disaster response expenditures.

STRATEGIC PLAN IMPLEMENTATION: This item supports the City’s 2025 Strategic Plan Goal 1 - Support Community Rebuilding and Long-Term Recovery.

DISCUSSION: On December 9, 2024, the Franklin Fire started in the Santa Monica Mountains on Malibu Canyon Road, south of Piuma Road. The fire combined with high winds and power outages to create conditions of extreme peril to the safety of persons and property. Then Acting Director of Emergency Services (Assistant City Manager) proclaimed the existence of a local emergency on December 10, 2024.

On December 16, 2024, the City Council held a Special Meeting and adopted Resolution No. 24-64, confirming the existence of a local emergency and ratifying the Proclamation of Existence of a Local Emergency.

Areas affected by disasters frequently become targets of criminal activity, including the burglary of uninhabited homes and businesses due to damage and the theft of building materials during the reconstruction process. Malibu is a particular target for these activities since the Franklin Fire and the Palisades Fire.

City Council Meeting
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Item

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Agenda Item # 1.B.11.

The fire caused disruptions to Malibu’s commercial activity, including brief access restrictions and reduced customer traffic. The City finds that supporting those affected remains important to maintaining local economic stability. Providing general recovery assistance and flexible, temporary measures will help ensure that any businesses experiencing fire-related setbacks can resume normal operations.

Government Code Section 8630 requires that the City Council review the need for continuing a local emergency at least once every 60 days until the City Council terminates the local emergency.

As such, City staff recommend adopting Resolution No. 26-22 extending the declaration of the existence of a local emergency. If adopted, the City Council will review, and as needed renew, this action at least every 60 days.

ATTACHMENTS: Resolution No. 26-22
RESOLUTION NO. 26-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

EXTENDING THE DECLARATION OF THE EXISTENCE OF A LOCAL

EMERGENCY IN RESPONSE TO THE FRANKLIN FIRE
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. On December 9, 2024, the Franklin Fire started in the Santa Monica Mountains on Malibu Canyon Road, south of Piuma Road. The fire combined with high winds and power outages created conditions of extreme peril to the safety of persons and property.

B. The Acting Director of Emergency Services of the City proclaimed the existence of a local emergency on December 10, 2024.

C. On December 16, 2024, the City Council adopted Resolution No. 24-64, confirming the existence of a local emergency and ratifying the Proclamation of Existence of a Local Emergency.

D. On January 27, 2025, the City Council adopted Resolution No. 25-05, extending the declaration of the existence of a local emergency in response to the Franklin Fire.

E. On March 24, 2025, the City Council adopted Resolution No. 25-14, extending the declaration of the existence of a local emergency in response to the Franklin Fire.

F. On May 21, 2025, the City Council adopted Resolution No. 25-18, extending the declaration of the existence of a local emergency in response to the Franklin Fire.

G. On June 23, 2025, the City Council adopted Resolution No. 25-36, extending the declaration of the existence of a local emergency in response to the Franklin Fire.

H. On August 11, 2025, the City Council adopted Resolution No. 25-44, extending the declaration of the existence of a local emergency in response to the Franklin Fire.

I. On September 29, 2025, the City Council adopted Resolution No. 25-46, extending the declaration of the existence of a local emergency in response to the Franklin Fire.

J. On November 24, 2025, the City Council adopted Resolution No. 25-59, extending the declaration of the existence of a local emergency in response to the Franklin Fire.

K. On January 12, 2026, the City Council adopted Resolution No. 26-03 extending the declaration of the existence of a local emergency in response to the Franklin Fire.

L. On March 9, 2026 the City Council adopted Resolution No. 26-12, extending the declaration of the existence of a local emergency in response to the Franklin Fire.

M. Areas affected by disasters frequently become targets of criminal activity, including the burglary of uninhabited homes and businesses due to damage and the theft of building materials Resolution No. 26-22

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_____________________
during the reconstruction process. Malibu continued to be a particular target for these activities since the Franklin Fire and the Palisades Fire.

N. The fire caused disruptions to Malibu’s commercial activity, including brief access restrictions and reduced customer traffic. The City finds that supporting those affected remains important to maintaining local economic stability. Providing general recovery assistance and flexible, temporary measures will help ensure that any businesses experiencing fire-related setbacks can resume normal operations.

SECTION 2. The City Council has reviewed the staff report and conditions justifying the state of local emergency in the City and finds that the declaration of a local emergency remains valid and necessary due to the on-going recovery efforts. Such conditions result in extreme peril to the safety of persons and property located in the City.

SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

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Agenda Item # 1.B.9.

STRATEGIC PLAN IMPLEMENTATION: This item supports the City’s 2025 Strategic Plan Goal 1 - Support Community Rebuilding and Long-Term Recovery.

DISCUSSION: On January 7, 2025, the Palisades Fire started in or around Pacific Palisades and was driven into City limits by a historic Santa Ana Wind event causing hurricane-strength winds in neighboring areas and the City. The strong Santa Ana Winds have created difficulties mitigating the fire and impaired the ability of airborne fire-fighting.

The fire combined with high winds and power outages created conditions of extreme peril to the safety of persons and property
On January 14, 2025, the City Council adopted Resolution No. 25-01, confirming the existence of a local emergency and ratifying the Proclamation of Existence of a Local Emergency.

On May 23, 2025, Pacific Coast Highway was opened to the public, and the California National Guard demobilized, leaving fire-impacted neighborhoods vulnerable as an influx of visitors began entering the city. Areas affected by disasters frequently become targets City Council Meeting
04-27-26
Item

1.B.12.

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Agenda Item # 1.B.9.
of criminal activity, including the burglary of uninhabited homes and businesses due to damage and the theft of building materials during the reconstruction process.

The fire caused extensive damage to drainage systems in the Big Rock Mesa Landslide Maintenance District, which are still being repaired.

The fire caused major disruptions to Malibu’s commercial areas, with many businesses experiencing temporary closures, reduced access, severe revenue losses, and some being completely devastated. Because local businesses provide essential services, jobs, and economic stability, the City finds that supporting their recovery is critical. Providing targeted assistance, such as small business grant funding, coordination with state and federal resources, and other temporary relief measures is needed to help affected businesses reopen, rebuild, and recover Malibu’s local economy.

Government Code Section 8630 requires that the City Council review the need for continuing a local emergency at least once every 60 days until the City Council terminates the local emergency.

As such, City staff recommends adopting Resolution No. 26-23 extending the declaration of the existence of a local emergency. If adopted, the City Council will review, and as needed renew, this action at least every 60 days.

ATTACHMENTS: Resolution No. 26-23
RESOLUTION NO. 26-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

EXTENDING THE DECLARATION OF THE EXISTENCE OF A LOCAL

EMERGENCY IN RESPONSE TO THE PALISADES FIRE
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. On January 7, 2025, the Palisades Fire started in or around Pacific Palisades and was driven into City limits by a historic Santa Ana Wind event causing hurricane-strength winds in neighboring areas and the City. The strong Santa Ana Winds created difficulties mitigating the fire and impaired the ability of airborne fire-fighting. The fire combined with high winds and power outages created conditions of extreme peril to the safety of persons and property.

B. The Acting Director of Emergency Services of the City proclaimed the existence of a local emergency on January 8, 2025.

C. On January 14, 2025, the City Council adopted Resolution No. 25-01, confirming the existence of a local emergency and ratifying the Proclamation of Existence of a Local Emergency.

D. On March 10, 2025, the City Council adopted Resolution No. 25-09, extending the declaration of the existence of a local emergency in response to the Palisades Fire.

E. On April 28, 2025, the City Council adopted Resolution No. 25-16, extending the declaration of the existence of a local emergency in response to the Palisades Fire.

F. On June 23, 2025, the City Council adopted Resolution No. 25-34, extending the declaration of the existence of a local emergency in response to the Palisades Fire.

G. On August 11, 2025, the City Council adopted Resolution No. 25-43, extending the declaration of the existence of a local emergency in response to the Palisades Fire.

H. On September 29, 2025, the City Council adopted Resolution No. 25-48, extending the declaration of the existence of a local emergency in response to the Palisades Fire.

I. On September 29, 2025, the City Council adopted Resolution No. 25-58, extending the declaration of the existence of a local emergency in response to the Palisades Fire.

J. On September 29, 2025, the City Council adopted Resolution No. 26-04, extending the declaration of the existence of a local emergency in response to the Palisades Fire.

K. On September 29, 2025, the City Council adopted Resolution No. 26-12, extending the declaration of the existence of a local emergency in response to the Palisades Fire.

L. On May 23, 2025, Pacific Coast Highway was opened to the public, and the California National Guard demobilized, leaving fire-impacted neighborhoods vulnerable as an Resolution No. 26-23

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influx of visitors began entering the city. Areas affected by disasters frequently become targets of criminal activity, including the burglary of uninhabited homes and businesses due to damage and the theft of building materials during the reconstruction process.

M. The fire caused extensive damage to drainage systems in the Big Rock Mesa Landslide Maintenance District, which are still being repaired.

N. The fire caused major disruptions to Malibu’s commercial areas, with many businesses experiencing temporary closures, reduced access, severe revenue losses, and some being completely devastated. Because local businesses provide essential services, jobs, and economic stability, the City finds that supporting their recovery is critical. Providing targeted assistance, such as small business grant funding, coordination with state and federal resources, and other temporary relief measures is needed to help affected businesses reopen, rebuild, and recover Malibu’s local economy.

SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED, and ADOPTED this 9th day of March 2026. _____________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
Resolution No. 26-23

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_____________________
APPROVED AS TO FORM:
________________________________
TREVOR RUSIN, Interim City Attorney

Page 1 of 3 ends

Council Agenda Report
To: Mayor Silverstein and Honorable Members of the City Council Prepared by: Tyler Eaton, Assistant Community Development Director Reviewed by: Yolanda Bundy, Community Development Director Approved by: Joseph D. Irvin, City Manager
Date prepared: April 8, 2026 Meeting date: April 27, 2026 Subject: Zoning Text Amendment No. 26-001 – An amendment to the Malibu Municipal Code Title 17 (Zoning) modifying standards and procedures related to Temporary Use Permits and Sign Permits
RECOMMENDED ACTION: 1) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 534 (Attachment 1) approving Zoning Text Amendment (ZTA) No. 26-001 to amend Title 17 (Zoning) of the Malibu Municipal Code (MMC) to modify standards and procedures related to Temporary Use Permits (TUP) and Sign Permits (SP), and finding the action exempt from the California Environmental Quality Act; and 2) Direct staff to schedule second reading and adoption of Ordinance No. 534 for the May 11, 2026 City Council Regular Meeting
DISCUSSION: The City Council adopted Urgency Ordinance No. 526U on July 14, 2025, in response to the economic impacts of the Palisades Fire. The ordinance was intended to help spur economic recovery and support local businesses following the disaster and extended closure of the Pacific Coast Highway. Ordinance No. 526, the follow-up regular ordinance to Urgency Ordinance No. 526U, was subsequently adopted by the City Council on September 8, 2025. The amendments to MMC Title 17 adopted in Ordinance No. 526 include a sunset date of May 31, 2026, reflecting their purpose as both a post-fire economic recovery and a pilot program to evaluate their effectiveness and benefit to Malibu’s business community.

Ordinance No. 526 allows businesses to obtain a planning clearance for events with 99 persons or fewer, and are not limited in number of events per year. These events are identified as Temporary Use Permits – Planning Clearance (TUPPC). The ordinance also includes a provision for events with 100-250 persons, which differs from the general TUP ordinance. These events are limited to a total of 48 one-day events per year, with no more City Council Meeting
04-27-26
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than eight (8) one-day events per month per shopping center. For businesses not located in a shopping center, a total of 24 one-day events are allowed, with no more than two (2) one-day events per business per month. These events were identified as Temporary Use Permits – Express (TUPE). Events with more than 250 persons are required to obtain a regular TUP, which is limited to six (6) events per calendar year, per parcel, and the application must be submitted at least 35 days in advance of the event.

The ordinance has been well received by Malibu business owners. To date, no code enforcement complaints have been received for any events approved under the program period. Below is a snapshot of the ordinance’s success from its adoption in July 2025 through April 2026. As stated previously, the ordinance is scheduled to sunset on May 31, 2026.

TUPPCs, TUPEs, and TUPs approved from July 14, 2025 through April 8, 2026 Event Type Number Approved Code Enforcement Complaints
TUPPC (99 or less) 34 0
TUPE (100-250) 5 0
TUP (250+) 9 0
City Council Initiation
On February 9, 2026 the City Council initiated this ZTA and directed the Planning Commission to prepare a recommendation on the matter. The Council asked the Planning Commission to consider the following:
- Extend the program period for at least 12-18 months (The attached draft ordinance includes a one-year extension as recommended by the Planning Commission). - Allow for some set up and takedown days for the regular TUP process to be excluded from the 14-day limit (The attached draft ordinance allows four additional days for setup and takedown that would not be included in the 14 day limit). - Come up with a way to define what an event is or limit the opportunity for multiple events to be used under one TUP permit. (The attached draft ordinance includes a finding that if the event is not within consecutive days, that the event includes a similar subject matter spanning the entirety of the duration (e.g. one TUP cannot be used for separate holidays)).

Planning Commission Recommendation
The full text of the Planning Commission’s recommended amendments can be found in the attached draft Ordinance (Attachment 1). Attachment 2 shows the recommended amendment language in underline and redline format for ease of identifying the proposed changes from existing language. Staff is proposing, and the Planning Commission

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concurred, an additional modification to the TUP ordinance (MMC Section 17.68.040) providing a clear mechanism for certain seasonal events to be allowed longer than the 14- day limit, up to a total of 35 days. This would be consistent with the annual Christmas Tree lot permitting requests and other commercial shopping center requests who sometimes plan to have seasonal decorations like large holiday displays throughout the holiday period.

ENVIRONMENTAL REVIEW: The Community Development Director has analyzed the project proposal described herein. The California Environmental Quality Act (CEQA) applies only to projects which have the potential for causing a significant effect on the environment. Pursuant to CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The Community Development Director determined that there is no possibility the amendment will have a significant effect on the environment and accordingly, the exemption set forth in Section 15061(b)(3) applies. The amendments to the MMC can be seen not to have a significant effect on the environment as they merely create temporary use permit requirements to facilitate economic recovery related to the 2025 Palisades Fire, a State and federally declared emergency, and do not impose long term effects on the environment. All of the temporary uses allowed by the proposed ordinance will be required to be restored to its previously existing state and each event will still require compliance with CEQA individually, as well as the California Coastal Act. Therefore, the proposal is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3).

SUMMARY: Staff recommends that the City Council adopt Ordinance No. 534 (Attachment 1) approving Zoning Text Amendment (ZTA) No. 26-001 to amend Title 17 (Zoning) of the MMC to modify standards and procedures related to Temporary Use Permits and Sign Permits and find that the proposed action is exempt from the California Environmental Quality Act.

ATTACHMENTS:

1. Draft Ordinance No. 534

2. MMC Amendments in Underline/Strikethrough Format

3. Notice of Public Hearing
Attachment 1
ORDINANCE NO. 534

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MALIBU
APPROVING ZONING TEXT AMENDMENT NO. 26-001 TO AMEND TITLE 17 OF THE MALIBU MUNICIPAL CODE MODIFYING STANDARDS AND

PROCEDURES RELATED TO TEMPORARY USE PERMITS AND SIGN

PERMITS AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
The City Council of the City of Malibu does ordain as follows:

SECTION 1. Recitals.

A. On January 7, 2025, the Palisades Fire broke out affecting close to one-third of Malibu geographically and closing Pacific Coast Highway (PCH), a main throughfare, to the general public. PCH was closed from the eastern City limit to the Carbon Beach area affecting visitors coming from the greater Los Angeles area from the date of the fire through Memorial Day weekend 2025. The Governor of California has declared the event a State of Emergency and the President of the United States has declared the event a Federal Emergency.

B. On May 8, 2025, a Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Malibu and mailed to interested parties.

C. On May 15, 2025, a Notice of City Council Public Hearing was published in a newspaper of general circulation within the City of Malibu and mailed to interested parties.

D. On May 21, 2025, the City Council adopted Resolution No. 25-23 to: 1) initiate a Zoning Text Amendment (ZTA) to consider changes to Title 17 (Zoning) of the Malibu Municipal Code (MMC) to stimulate economic recovery for local businesses as a result of impacts from the 2025 Palisades Fire, specifically related to Temporary Use Permits and Sign Permits; 2) Bypass the Zoning Ordinance Revisions and Code Enforcement Subcommittee (ZORACES); and 3) Direct the Planning Commission to schedule a public hearing regarding the same.

E. On June 2, 2025 the Planning Commission held a duly noticed public hearing on the proposed amendments, ZTA No. 25-002, reviewed and considered the agenda report, reviewed and considered written reports, public testimony, and other information in the record. The Planning Commission adopted Planning Commission Resolution No. 25-59 and provided a recommendation to the City Council.

F. On June 23, 2025, the item was continued to the July 14, 2025 City Council meeting.

G. On July 14, 2025, the City Council held a duly noticed public hearing on the proposed amendments ZTA No. 25-002, reviewed and considered the agenda report, reviewed and considered written reports, public testimony, and other information in the record. The City Council directed staff to set a second reading for adoption of Ordinance No. 526, approving ZTA No. 25- Ordinance No. 534

Page 2 of 4 ends

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002. The City Council adopted an Urgency Ordinance, Ordinance No. 526U, to immediately initiate economic recovery for businesses affected by the 2025 Palisades Fire.

H. On August 11, 2025 the City Council took public comment, reviewed and considered the agenda report and written reports, public testimony and other information in the record, and directed staff to return with additional revisions to the ordinance.

I. On August 25, 2025 the City Council took public comment, reviewed and considered the agenda report and written reports, public testimony and other information in the record, and conducted an additional first reading and introduction of the Ordinance and directed staff to set Ordinance No. 526, approving ZTA No. 25-002, for second reading and adoption.

J. On September 8, 2025, the City Council held a duly noticed public hearing on the proposed amendments ZTA No. 25-002, reviewed and considered the agenda report, reviewed and considered written reports, public testimony, and other information in the record. The City Council approved on second reading Ordinance No. 526, approving ZTA No. 25-002.

K. On February 9, 2026, the City Council adopted Resolution No. 26-06 initiating a Zoning Text Amendment (ZTA) to Title 17 (Zoning) of the Malibu Municipal Code (MMC) related to TUP and Sign Permit regulations, bypassing the Zoning Ordinance Revisions and Code Enforcement Subcommittee (ZORACES) review; and directing the Planning Commission to schedule a public hearing regarding the same.

L. On March 16, 2026 the Planning Commission held a duly noticed public hearing on the proposed amendments, ZTA No. 26-001, reviewed and considered the agenda report, reviewed and considered written reports, public testimony, and other information in the record.

The Planning Commission adopted Planning Commission Resolution No. 26-13 and provided a recommendation to the City Council.

M. On April 27, 2026 the City Council held a duly noticed public hearing on the proposed amendments ZTA No. 26-001, reviewed and considered the agenda report, reviewed and considered written reports, public testimony, and other information in the record. The City Council conducted a first reading and introduction of the Ordinance and directed staff to set a second reading for adoption of Ordinance No. 534, approving ZTA No. 26-001.

SECTION 2. Environmental Review.

The City Council has analyzed the project proposal described herein and finds it to be exempt from the California Environmental Quality Act (CEQA). CEQA applies only to projects which have the potential for causing a significant effect on the environment. Pursuant to CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The City Council has determined that there is no possibility the amendment will have a significant effect on the environment and accordingly, the exemption set forth in Section 15061(b)(3) applies. The amendments to the MMC will not have a significant effect on the Ordinance No. 534

Page 3 of 4 ends

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environment as they provide only temporary relief from some current permitting requirements, and still require individual review, conditions, and CEQA review for all events. In addition, the changes do not excuse compliance with the Coastal Act which provides additional protection of the environment and sensitive coastal resources. All of the temporary uses allowed by the proposed ordinance will be required to be restored to its existing state and each event will still require compliance with CEQA individually, as well as the California Coastal Act.

SECTION 3. Zoning Text Amendment Findings.

Pursuant to Malibu Municipal Code Section 17.74.040, the City Council hereby makes the following findings:

A. The subject zoning text amendment is consistent with the objectives, policies, general land uses and programs specified in the General Plan. The proposed amendment serves to enhance the Malibu General Plan Mission Statement, protect public safety and preserve Malibu’s natural and cultural resources.

B. The City Council held a public hearing, reviewed the subject zoning text amendment application for compliance with the City of Malibu General Plan, Malibu Municipal Code and the Malibu Local Coastal Program, and finds that the zoning text amendment is consistent and recommends approval.

SECTION 4. Zoning Text Amendment No. 25-002, Amendments to the MMC.

The City Council hereby amends Title 17 - Zoning in the MMC as follows:

A. Amend Section 17.68.040(C) (Temporary uses requiring permit) to read as follows:

C. Seasonal activities including but not limited to Christmas tree and pumpkin sales lots and temporary holiday structures provided such activity shall be permitted for a period not to exceed 40 consecutive calendar days;
B. Amend Section 17.68.060(F) (Findings) and add Section (H) to read as follows:

F. That the event (excluding four days for additional set-up or takedown activities) shall not exceed a total of 14 consecutive calendar days, unless allowed by Section

17.62.040 above, and that the proposed site has not been used for temporary uses for more than 60 calendar days within any one calendar year; and H. That the event authorized by the subject TUP (held on consecutive or nonconsecutive days) promotes the same activity (i.e., movie night, summer concert, or holiday), to prevent a variety of unrelated events bundled into one TUP.

C. Add Section 17.68.090 (Temporary use permit requirements related to impacts from the 2025 Palisades Fire) to read as follows:

Ordinance No. 534

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To aid recovery from the 2025 Palisades Fire, Temporary uses will be allowed for events specified in Section 17.68.040 with 250 or fewer attendees on commercially and institutionally zoned parcels from June 23, 2025, through May 31, 2027, subject to the following procedures and requirements. These provisions do not supersede the requirements of the City’s Local Coastal Program. Only one event permitted under this Section is allowed at a time. This section shall not apply to events with more than 250 persons.

SECTION 5. Effective Date.

The ZTA sections referenced in Section 6 of this ordinance shall become effective 30 days following adoption by the City Council.

SECTION 6. Severability.

Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality or the remaining portions of this Ordinance; it being hereby expressly declared and this Ordinance, and each section, subsection, sentence, clause, and phrase hereof would have been prepared, proposed, approved, and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phases be declared invalid or unconstitutional.

SECTION 7. Certification.

The City Clerk shall certify to the passage and adoption of this Ordinance.

PASSED, APPROVED, and ADOPTED this _______ day of ___________ 2026. _____________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
Attachment 2
CHAPTER 17.68

TEMPORARY USE PERMITS

REDLINE VERSION
§ 17.68.010. Purpose.

The temporary use permit is intended to allow for the short-term placement of activities, many of which would be prohibited as permanent placements, in temporary facilities, public or private buildings or open spaces, or outside of buildings. Activities involving any commercial component such as: admission fee, renting of facility, charging for valet parking or shuttle service and/or public advertising shall require a temporary use permit. Temporary use permits shall be limited to four events per parcel of land per calendar year in residential zoning districts, and six events per parcel of land per calendar year in all zoning districts, except residential or as described in Section 17.68.090 below. All activities shall be regulated so as to avoid incompatibility between such uses and surrounding areas. § 17.68.020. Application filing.

Application for a temporary use permit shall be filed according to Sections 17.04.110 through 17.04.150. § 17.68.030. Application submittal requirements.

Application for temporary use permit shall include the following:

A. Uniform application, signed by both applicant and landowner; B. Filing fee;
C. Site plan (three copies) including the dimensions of the lot, location of all temporary structures, access onto the site, and parking areas;
D. A written description detailing the type and nature of the temporary use requested and the dates and hours of operation of the temporary use. In addition, provide information on how noise, garbage, sanitation, dust, etc., are going to be mitigated;
E. Agency approval sheet, signed by all agencies;
F. Proof of liability insurance for the subject property; G. Indemnification/hold harmless agreement;
H. Public notice property owner and occupant mailing labels; provide three sets of labels for properties within a 500 foot radius of the subject property.
§ 17.68.040. Temporary uses requiring permit.

A temporary use permit may be issued by the planning director for the following uses:

A. Real estate sales offices within approved development projects; B. Model homes and temporary tract sales offices for a project opened to the public for the first time; C. Seasonal activities including but not limited to Christmas tree and pumpkin sales lots and temporary holiday structures; however, a permit shall not be required when such sales are in conjunction with an established commercial business holding a valid city business license, provided such activity shall be Downloaded from https://ecode360.com/MA5043 on 2025-01-29 Page 2 of 7 permitted for a period not to exceed 30 40 consecutive calendar days; D. Circuses and carnivals;
E. Special events related to an existing business with temporary outdoor display/sales of merchandise in any commercial zone, provided there shall be no more than four displays/sales in any calendar year, and not more than two consecutive days, and that the displayed merchandise is customarily sold on the premises, and that such premises are utilized for a permanently established business; F. Indoor and outdoor entertainment and assembly events, including, but not limited to, weddings, fundraisers, retreats, fairs, festivals and concerts, when not held within premises designed to accommodate such events, such as: auditoriums, stadiums or other public assembly facilities, or private clubhouse facilities not associated with public cultural or recreational facilities; G. Art, cultural, and educational exhibits and displays; H. Swap meets for no more than two consecutive days;
I. Off-site contractors' construction yards;
J. Outdoor sporting events;
K. Similar temporary uses which, in the opinion of the director, are compatible with the zone and surrounding land uses;
L. Off-site surface parking on a vacant commercially zoned lot for the farmers market within 350 feet of the farmers market to replace required parking displaced by construction. The dates for this use shall not count against the maximum 60 calendar days within one calendar year for which a site can be used for temporary uses. This provision shall expire the earlier of the issuance of a certificate of occupancy for Santa Monica College or on January 1, 2024.

M. Temporary relocation of a permitted farmer's market to a publicly-owned park located within 350 feet of the permitted location so long as such use does not exceed one day per week. The dates for this use shall not count against the maximum 60 calendar days within one calendar year for which a site can be used for temporary uses, nor toward the six events per parcel limit. Any approvals for this use shall be good for six months. The application for a TUP is required to be filed with the planning department 16 days prior to the proposed use. Public notices shall be mailed not less than 14 days prior to the proposed use. The planning director shall render a decision 12 days prior to the proposed use. In addition to a TUP, a facilities use permit must be obtained prior to the relocation of the farmer's market. This provision shall expire the earlier of the issuance of a certificate of occupancy for Santa Monica College or on January 1, 2024.
§ 17.68.050. Required permits and public notice.

A temporary use permit approved by the planning director shall be required for all uses listed in this chapter, and shall be issued prior to commencement of the use. A public hearing shall not be required for the issuance of a temporary use permit; however, a five-day public notice of the proposed event shall be provided as follows:

A. Application for temporary use permit shall be filed with the planning department 35 days prior to the proposed use.

Attachment 2
B. A notice shall be mailed, postage pre-paid, to any organization or homeowners associations that requests such notice in writing and to all property owners and tenants within a 500 foot radius of the subject property, and in no event less than 10 developed properties.

C. The public notice shall state the nature of the request, location and zoning designation of the property, name of the project proponent, and the time and place of the proposed temporary use.

D. Public notices shall be mailed not less than 32 days prior to the proposed event.

E. The planning director shall render a decision 24 days prior to the proposed use. § 17.68.060. Findings.

The director may approve a temporary use permit application; provided, that all of the following findings of fact are made:

A. That the operation of the requested use at the location proposed and within the time period specified is compatible with the surrounding neighborhood uses;
B. That the proposed site is adequate in size and shape to accommodate the temporary use; C. That the proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that such temporary use will or could reasonably generate;
D. That adequate temporary parking to accommodate vehicular traffic to be generated by such use will be available either on-site or at alternate locations acceptable to the planning director; E. That the proposed use will not jeopardize the public peace, safety or general welfare, or be injurious or detrimental to properties adjacent to; or in the vicinity of, the proposed location of the activity; F. That the event (excluding four days for additional set-up or takedown activities) shall not exceed a total of 14 consecutive calendar days, unless allowed by Section 17.62.040 above, and that the proposed site has not been used for temporary uses for more than 60 calendar days within any one calendar year; and
G. That no complaints have been filed against the current property owner with the Los Angeles County district attorney's office during the 24 months preceding the date of application submittal.

H. That the event authorized by the subject TUP (held on consecutive or non-consecutive days) promotes the same activity (i.e., movie night, summer concert, or holiday), to prevent a variety of unrelated events bundled into one TUP.
§ 17.68.070. Conditions of approval.

In approving an application for a temporary use permit, the director may impose such conditions as are deemed necessary to insure that the permit will be in accord with the findings required by Section

17.68.060. These conditions may involve any pertinent factors affecting the operation of the temporary use, and may include but are not limited to the following:

A. Provision of adequate temporary off-street parking facilities, including vehicular access and egress as defined by the planning director;
B. Regulation of nuisance factors such as, but not limited to, the prevention of glare or direct illumination

Page 4 of 7 ends

of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gasses and heat; C. Regulation of temporary buildings, structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards; D. Provision of sanitary and medical facilities;
E. Provision of solid waste collection and disposal;
F. Provision of security and safety measures;
G. Regulation of signs;
H. Regulation of operating hours and days, including limitation of the duration of the temporary use to a shorter time period than that requested, and limiting the hours for event set-up, break-down, and cleanup;
I. Submission of a performance bond or other surety devices to ensure that any temporary facilities or structures used for such proposed temporary use will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition; J. Submission of a site plan indicating any information required by this chapter; K. Requirement that the approval of the temporary use permit is contingent upon compliance with applicable provisions of other ordinances;
L. Such other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accord with the intent and purpose of this chapter; M. Applicants for special event permits shall:

1. Provide containers for recycling cans, glass, plastic and paper generated,

2. Provide information and guidance to assure recycling of materials listed above,

3. Comply with the city's solid waste recycling ordinance, and

4. Submit a plan indicating efforts to reduce, reuse or recycle waste generated; N. The event shall not cause any noises, sounds or vibrations which are physically annoying to reasonable persons of ordinary sensitivity or which are so harsh or so prolonged or unnatural or unusual in their use, time or place as to occasion unnecessary discomfort to any persons within a 500 foot radius of the place from which such noises emanate or which interfere with the peace and comfort of residents, occupants or guests of the surrounding neighborhood, or the operators or customers in places of business in the vicinity;
O. The applicant shall demonstrate that the holding capacity of surrounding streets and intersections is sufficient to sustain the use without conflicting with established general plan goals and policies; P. Submission of additional services bond for the purpose of protecting, assisting and regulating the proposed event. The cost of providing such additional services shall be paid in advance to the city by the applicant;
Q. The temporary use shall conform to city planning department, building and safety department, public works department, Los Angeles County fire prevention bureau, Los Angeles County sheriff's department, Los Angeles County mountain and rural sanitation department programs, regulations and requirements;

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R. The applicant shall defend, indemnify, and hold harmless the city and its officers, agents, and employees from any claim, action or proceeding against the city or its officers, agents, or employees to attack, set aside, void, or annul approval of this permit; S. The applicant shall furnish insurance in the amount to be determined by the planning director, but in no event less than one million dollars ($1,000,000.00) to protect the city against claims of third persons for personal injury, wrongful death and property damage; T. The applicant shall have a copy of the approved temporary use permit available on-site during the entire duration of the use.
§ 17.68.080. Appeals and revocation.

A. The applicant may appeal the decision of the planning director to the planning commission within three calendar days of the decision date.

B. A temporary use permit may be revoked if the planning director finds that one or more of the following conditions exists:

1. Circumstances have been changed by the applicant to such a degree that one or more of the findings of fact contained in Section 17.68.060 can no longer be made in a positive manner.

2. The temporary use permit was obtained in a fraudulent manner.

3. One or more conditions of the temporary use permit have not been fulfilled. (Prior code § 9497; Ord. 190 § 7, 1999)
§ 17.68.090. Temporary use permit requirements related to impacts from the 2025 Palisades Fire.

To aid recovery from the 2025 Palisades Fire, Temporary uses will be allowed for events specified in Section

17.68.040 with 250 or fewer attendees on commercially and institutionally zoned parcels from June 23, 2025, through May 31, 2026 May 31, 2027, subject to the following procedures and requirements. These provisions do not supersede the requirements of the City’s Local Coastal Program. Only one event permitted under this Section is allowed at a time. This section shall not apply to events with more than 250 persons.

A. Events with 99 persons or less:

1. A TUP shall not be required, but instead a planning clearance must be obtained from the Community Development Department authorizing the temporary use.

2. The application shall be submitted at least two (2) calendar days prior to the event. No public noticing is required. The planning director’s decision is not appealable.

3. There are no limits to how many of these types of events may be conducted as long as a planning clearance is obtained.

4. A property is not eligible for a permit pursuant to this Section, and such application shall be denied, if any of the following apply:
a. The property has received a citation for violation of the City’s noise ordinance or other public nuisance violation in the past year.
b. An event has been held on the property without the required permit in the past year. c. The property has outstanding code enforcement violations, unless a compliance agreement between the City and the owner of the property exists that addresses a resolution to the violation, and the owner is in compliance with the requirements of the agreement.

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d. The proposed event would create a public nuisance or violate any City, County, State, or Federal regulation.
e. The owner has knowingly made any false, misleading or fraudulent statement of material fact in the application, or in any report or statement required to be filed that is related to the application.

5. These events shall appear on the City’s weekly Event Report.

6. The planning director may impose conditions on the permit to protect against the event becoming a nuisance to the surrounding neighborhood due to the number of people in attendance, the amount of traffic to be generated, the type and volume of amplified music or entertainment to be utilized and other similar considerations. Conditions shall take into account the size of the property, the capacity of the street on which it is located, the availability of parking and the proximity to neighboring properties and sensitive uses.

B. Events with 100-250 attendees:

1. A TUP pursuant to this chapter is required but the following requirements replace those in Section 17.68.050 and there shall be no appeal of the planning director’s decision:
a. An application for a temporary use permit shall be filed with the Community Development Department seven (7) calendar days prior to the proposed use. Applications for events held at a shopping center must be applied for by the owner of the shopping center. b. A notice shall be mailed, postage pre-paid, to any organization or homeowners associations that requests such notice in writing and to all property owners and tenants within a 500 foot radius of the subject property, and in no event less than the 10 closest developed properties. c. The public notice shall state the nature of the request, location and zoning designation of the property, name of the applicant, and the time and place of the proposed temporary use. d. Public notices shall be mailed not less than five (5) calendar days prior to the proposed event. e. The planning director shall render a decision at least three (3) calendar days prior to the proposed temporary use.
f. Events shall not include illumination unless it complies with Chapter 17.41 (Malibu Dark Sky).
g. Events may occur in a common area, but cannot occur in vacant locations, i.e. those not occupied by a currently operating business.
h. Events must be open to the general public, but a fee may be charged for entrance. This requirement (h) does not apply to tenant opening events, private gatherings for friends and family of the business only, or other similar events hosted by the business or shopping center owner for the sole purpose of promoting the goods and services the business provides.

2. These events shall be limited to a total of 48 one day events with no more than eight (8) one day events per month per shopping center. For businesses not located in a shopping center, a total of 24 one day events shall be allowed with no more than two (2) one day events per business per month.

3. A property is not eligible for a permit pursuant to this Section, and such application shall be denied, if any of the following apply:
a. The property has received a citation for violation of the City’s noise ordinance or other public nuisance violation in the past year.

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b. An event has been held on the property without the required permit in the past year. c. The property has outstanding code enforcement violations, unless a compliance agreement between the City and the owner of the property exists that addresses a resolution to the violation, and the owner is in compliance with the requirements of the agreement. d. The proposed event would create a public nuisance or violate any City, County, State, or Federal regulation.
e. The owner has knowingly made any false, misleading or fraudulent statement of material fact in the application, or in any report or statement required to be filed that is related to the application.

C. Temporary signage.

1. Businesses may obtain temporary signage permits subject to the following limitations. The requirements of Chapter 17.52 shall not apply so long as the businesses or property owners obtain a temporary sign permit from the City and meet the following requirements. All other signs are subject to chapter 17.52.
a. Six (6) signs per shopping center as defined by the Malibu Municipal Code or two (2) signs per parcel for all other commercial businesses and shall not exceed 16 square feet in size each.
b. Signs must be temporary and not have any permanent foundations or footings. c. Signs shall not be illuminated.

2. The planning director may impose conditions on the permit to protect against the sign creating a nuisance or to increase the safety of the sign.

NOTICE OF PUBLIC HEARING

CITY OF MALIBU

CITY COUNCIL
The Malibu City Council will hold a public hearing on MONDAY, April 27, 2026, at 5:30 p.m. on the item listed below in the Council Chambers at Malibu City Hall, located at 23825 Stuart Ranch Road, Malibu, CA.

Public comment can be submitted ahead of the public hearing to [email protected] for inclusion in the public record. To participate during the public hearing, please review the meeting agenda posted at MalibuCity.org/AgendaCenter and follow the directions for public participation.

TEMPORARY USE PERMIT AND SIGN PERMIT ORDINANCE UPDATE
Zoning Text Amendment No. 26-001 – Consider amendments to Title 17 (Zoning) of the Malibu Municipal Code to stimulate economic recovery for local businesses, Palisades Fire, specifically related to regulations for Temporary Use Permits and Sign Permits, and consider the Planning Commission’s recommendation
Location: Citywide Project
Case Planner: Tyler Eaton, Assistant Community Development Director (310) 456-2489, extension 273
[email protected]
In accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21080.9, CEQA does not apply to activities and approvals by the City as necessary for the preparation and adoption of a Zoning Text Amendment (ZTA) to the Malibu Municipal Code. The ZTA is not a project within the meaning of CEQA Guidelines Section 15378, because it has no potential to result in physical change to the environment, directly or indirectly, as the uses being considered are temporary in nature.

The ZTA does not authorize any specific development or installation on any specific piece of property within the City’s boundaries.

Moreover, when and if an application for a Temporary Use Permit or Sign Permit is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the ZTA was a “project” within the meaning of State CEQA Guidelines Section 15378, it is exempt from CEQA. CEQA applies only to projects which have the potential for causing a significant effect on the environment. Pursuant to CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility of effects on the environment, the project is not subject to CEQA.

The changes to the temporary use and sign permit regulations may allow for temporary development to which requirements of restoration to a site’s original state will be required.

A written staff report will be available at or before the hearing for the project. All persons wishing to address the Council regarding this matter will be afforded an opportunity in accordance with the Council’s procedures.

Copies of all related documents can be reviewed by any interested person at City Hall during regular business hours. Oral and written comments may be presented to the City Council on, or before, the date of the meeting.

For more information, visit malibucity.org/EventPermits.

Attachment 3
IF YOU CHALLENGE THE CITY COUNCIL’S ACTION IN COURT, YOU MAY BE LIMITED TO

RAISING ONLY THOSE ISSUES RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS

NOTICE, OR OTHERWISE HELD BY THE CITY, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY, EITHER AT OR PRIOR TO THE PUBLIC HEARING.

Yolanda Bundy, Community Development Director
Publish Date: April 2, 2026

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Agenda Item # 7.A.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Tatiana Holden, Interim Public Works Director/City Engineer Susan Dueñas, Public Safety Director
Approved by: Joseph D. Irvin, City Manager
Date prepared: April 9, 2026 Meeting date: April 27, 2026 Subject: Professional Services Agreement with Blue Line Solutions RECOMMENDED ACTION: Authorize the Mayor to execute a Professional Services Agreement with Blue Line Solutions-CA, LLC (Blue Line) to implement and operate a Speed Safety Camera System Pilot Program for an approximately six-year term including five years of camera operations..

FISCAL IMPACT: No additional appropriation is required. This is a servicebased contract, and fees are deducted directly from the citation revenue. Therefore, the City will never be directly billed for the services. Based on speed studies that were included in the Speed Safety System Impact Report, it is anticipated that the system will generate approximately 227,176 citations per year with a minimum fine of $50 each, however, with an assumed 40% fine collection rate, annual revenue is estimated at approximately $4,543,520 per year. The anticipated revenue will be more than sufficient to offset the annual contract amount that is not to exceed $2,801,751. Surplus revenue derived from the program must be used for traffic calming measures on the Pacific Coast Highway.

The 2025 Malibu Speed Safety System Impact Report analyzed traffic volumes, speed data, and crash statistics for the entire stretch of the Pacific Coast Highway within the City’s borders. The five locations for installation of speed enforcement cameras in each direction were selected based on the highest number of collisions within a mile of each location with more than 20% of collisions attributable to speeding.

City Council Meeting
04-27-26
Item

7.A.

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Agenda Item # 7.A.

Below are the details of the revenue calculation:

Total Daily
Number of
Vehicles at the
proposed camera
locations
Number of Daily
Vehicles >10
MPH over Posted
Speed Limit at the
proposed camera
locations
Approximate number
of daily citations
based on 95% drop in
violations after the
warning period
Approximate
number of
citations per
year
Minimum
penalty for
speeding
violation
% fine
collection
Total approximate
revenue amount
per year
112,166 12,448 622.4 227,176 $50 40% $4,543,520
Two Case Studies
San Francisco Municipal Transit Authority
San Francisco MTA launched their program on March 20, 2025. With 33 locations of speed cameras, the percentage of daily vehicle exceeding the posted speed limit by over ten miles per hour varied from 0.7% to 24.7%. With Average Daily Trips (ADT) of 10,000- 70,000 and total daily number of vehicles at the camera location of 534,391, the average number of violations is 1,279 per location. Approximately 20,000 warnings and 22,000 citations are issued monthly. The studies conducted by San Francisco MTA postimplementation showed an average 72% decrease at the camera locations following the first month of implementation. Approximately 40% of violations result in payments of the full penalty amount. 60% of violators pay reduced fees or participate in community service in lieu of payment.

City of Oakland
City of Oakland launched their program on January 14, 2026, with installation of speed enforcement cameras at 18 locations. The percentage of daily vehicles >10 MPH over

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Agenda Item # 7.A.
posted limit varies between 2.8% and 14.6% with one freeway-like location reaching 43%.

With ADT of 20,000-60,000 and total daily number of vehicles at all camera locations of 237,617, the average number of violations is 1,337 per location. Similarly to San Francisco, Oakland saw a 73% reduction in speeding vehicles at camera locations a few months after installation.

Below is the comparison by the city:

Daily Vehicle
Counts
Number of Speed
Camera Locations
Total Daily Number of
Vehicles at Speed
Camera Locations
Total Daily Number of
Violations
Malibu
(post-fire)
~8,000 (West)
~20,000 (East)
5 112,166 12,448 (~11%)
Oakland 65,000 –
80,000
18 237,617 24,059 (~10%)
San Francisco 70,000 –
100,000
33 534,391 42,210 (~8%)
It is expected that the number of violations will decrease as driver behavior changes. It can also be impacted by disruption of camera operation by construction, seasonal or weather-related traffic variability, and other factors. However, with a conservative assumption of 5% violations resulting in paid citations, and the nature of traffic in Malibu with a large number of visitors, the staff feels that the revenue projection is realistic even with a 40% fine collection rate.

STRATEGIC PLAN IMPLEMENTATION: This item supports the City’s 2025-2028 Strategic Plan Goal 4: Improve Public Safety.

DISCUSSION: On September 27, 2024, Senate Bills 1297, which authorized the City of Malibu to implement a speed safety system pilot program, was signed into law. The purpose of the program is to improve traffic safety and reduce fatalities on the Pacific Coast Highway in Malibu by targeting high-speed areas. The bill authorizes installation of up to five safety systems within the city limits. Once implemented and operational, the program will continue until its expiration on January 1, 2032.

On October 16, 2025, the City issued a Request for Proposals (RFP) for experienced firms to provide a turnkey Automated Speed Safety Camera System (SSCS), including the design, hardware, software, installation, operations support, maintenance, and related services. More specifically, the following services were requested:
• An integrated SSCS solution including field equipment and communications; • Violation detection and evidence packages;
• Notice production and mailing;

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Agenda Item # 7.A.
• Payment/call-center/web portal services;
• Role-based software for City review/approval;
• Data security and audit logging;
• Program analytics and reporting;
• Training;
• Maintenance, inspections/calibration; and,
• Compliance with all applicable provisions of SB 1297 and the City of Malibu’s Speed Safety System Use Policy.

Staff received eight proposals and after careful review of the proposals, four vendors were invited for interviews for further evaluation: Elovate, Blue Line Solutions, Verra Mobility and Novoa Global. Based on the proposals, reference checks and interviews, staff determined that Blue Line was the best fit for the project. While all of the vendors have extensive experience with speed safety systems, Blue Line clearly understood the conditions in Malibu and were able to clearly identify the project needs and estimate the likely citation rate and resulting workload.

Based on the Michelin Mobility Intelligence Study that was conducted in 2024 and included in the Speed Safety System Impact Report that was approved by the City Council in August 2025, approximately 12,448 vehicles exceed the posted speed limit by more than 10 MPH each day. According to Blue Line representatives, after speed safety systems are implemented, the number of vehicles that exceed the posted speed limit generally falls by 95%. Therefore, we can anticipate approximately 622 vehicles per day will exceed the posted speed limit and generate a citation.

Based on the minimum fine of $50, approximately $4.5 million in revenue could be generated each year. Senate Bill 1297 (Cal. Vehicle Code Sections 22435 – 22441) requires that revenues derived from the speed safety system shall first be used to recover program costs. Program costs include, but are not limited to, the installation of speed safety systems, the adjudication of violations, and reporting requirements as specified in this section. After covering program costs, any excess revenue shall be used for trafficcalming measures within three years of the end of the fiscal year in which the excess revenue was received. The City shall enter into an agreement with the Department of Transportation regarding the use of any excess revenue. If traffic-calming measures are not planned or constructed after the third year, excess revenue shall revert to the Active Transportation Program established pursuant to Chapter 8 (commencing with Section 2380) of the Streets and Highways Code, to be allocated by the California Transportation Commission pursuant to Section 2381 of the Streets and Highways Code.

Next Steps
The approximately six-year term agreement with Blue Line Solutions covers operation and maintenance of the five-year speed safety program, as well as post-program

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Agenda Item # 7.A.
decommissioning services, including fulfilling Senate Bill 1297 reporting requirements.

This is a service-based contract, and fees are deducted directly from the citation revenue.

Costs incurred during the start-up period will be carried by Blue Line and then reimbursed to them once citation revenues are being collected.

After the agreement is fully executed, staff will work with Blue Line to install the cameras, train staff and work with their marketing team to implement a comprehensive public education campaign for the required 30 days prior to activating the system.

Staff recommends the City Council authorize the Mayor to execute a Professional Services Agreement with Blue Line Solutions-CA, LLC (Blue Line) to implement and operate a Speed Safety Camera System Pilot Program for an approximately six-year term including five years of camera operations. The City anticipates the start of camera operation before July 4, 2026.

ATTACHMENTS:
1) Senate Bill No. 1297
2) Speed Safety System Impact Report
3) Professional Services Agreement with Blue Line Solutions-CA, LLC Attachment 1

SPEED SAFETY SYSTEM IMPACT REPORT

CITY OF MALIBU
1 OVERVIEW
California Assembly Bill 645 grants the establishment of speed safety systems in select cities of Los Angeles, San Jose, Oakland, Glendale, or Long Beach, or the City and County of San Francisco and outlines specified requirements for implementation, operation, and enforcement.

California Senate Bill 1297 authorizes the City of Malibu as an additional City to implement a Speed Safety Pilot Program until January 1, 2032, as enacted by California Vehicle Code Sections 22435-22441, “The City of Malibu’s Speed Safety Pilot Program”. Speed safety systems implemented in various U.S. cities have been shown to successfully address traffic safety concerns by reducing the frequency of speeding vehicles and the occurrence of speed-related collisions and injuries. This proven approach will assist the City of Malibu in safeguarding public well-being through reliable and equitable traffic enforcement.

The City of Malibu is committed to prioritizing the safety of residents, visitors, motorists, pedestrians, and cyclists along Pacific Coast Highway.

PURPOSE
The City of Malibu, in coordination with stakeholder organizations and partner agencies including Caltrans, the California Highway Patrol, and the LA County Sheriff’s Department, seeks to identify and address risks to public safety from dangerous, illegal, reckless, and/or distracted driving along Pacific Coast Highway. The speed safety system will serve as a safety measure by enforcing speed regulations and potentially decrease the occurrence of speed-related incidents.

The California Vehicle Code (CVC) is one of 29 legal codes contained in the California Code of Regulations enacted by the California State Legislature that is the general statutory law of California. The CVC outlines, prescribes, and includes general regulations, laws, and rules of the road. In accordance with CVC Division 11 (Rules of the Road), Chapter 7 (Speed Laws), this law is enacted by Article 4 "The City of Malibu's Speed Safety Pilot Program" Sections 22435-22441.

This Speed Safety System Impact Report (“Report”), a requirement outlined per California Vehicle Code Section 22435, includes a description of the speed safety system (“System”) in addition to its planned purpose, potential impact on civil liberties and civil rights, fiscal costs, and potential deployment locations. Further, if any potential system locations are proposed in low-income neighborhoods, the Report includes causations of increased speed-related fatalities and injury collisions at these locations.

Speed Safety Systems may collect the following data for the administration and enforcement of speeding laws:

1. Photograph of the license plate and rear of a vehicle, excluding the rear window area, alleged of traveling at least 11 miles per hour above the posted speed limit.

2. The date, time, and camera location of when the alleged violation occurred.

Notices of violation will be issued to the registered owner of the vehicle at the time of the violation, as identified by the Department of Motor Vehicles. Data collected and maintained shall be utilized Attachment 2

SPEED SAFETY SYSTEM IMPACT REPORT

CITY OF MALIBU
2 for the purpose of enforcing speeding laws and shall not be shared with other persons or agencies, except as required by state or federal law, court order, or in compliance with a subpoena in an individual case or proceeding.

DESCRIPTION OF TECHNOLOGY

1. System Description
a. A “speed safety system” or “system” means a fixed or mobile radar or laser system or any other electronic device that utilizes automated equipment to detect a violation of speed laws and obtains a clear photograph of a speeding vehicle’s license plate. The system will capture rear license plate photographs of speeding vehicles and will not capture identifying data of non-speeding vehicles. b. Speed safety systems in each location will detect violations for both directions of travel.

2. System Benefits
a. Speed safety systems are effective traffic enforcement tools that can assist in reducing excessive speeding, collisions, and traffic-related injuries and fatalities. b. System implementation can advance equity by providing fairness and increased reliability as compared to traditional enforcement methods. c. Speed safety systems can improve driver behavior by making speeding enforcement more predictable and credible.

POTENTIAL CAMERA SYSTEM LOCATIONS
Collisions occurring on the stretch of the Pacific Coast Highway within the City’s borders make up 81% of Malibu’s total collision volume. According to data from the California Statewide Integrated Traffic Records System, 672 crashes occurred in the City of Malibu between 2019 and 2023. Of those, 546 crashes occurred on the Pacific Coast Highway. Cumulatively, within a mile of the five proposed camera locations, the Pacific Coast Highway has experienced 64 collisions with fatal and severe injuries during the five-year period from 2019-2023, with more than 20% of collisions attributable to speeding. As the City’s primary thoroughfare, the Pacific Coast Highway also experiences the highest traffic volumes and rates of speeding across all City of Malibu streets. A detailed breakdown of driver speeds and previous collisions proximate to each camera location is included in Appendix A.

Cameras are proposed at five locations along the Pacific Coast Highway, at the intersections of Decker Road, Morning View Drive, Latigo Canyon Road, Carbon Beach Terrace, and Tuna Canyon Road. Camera locations are shown in Figure 1 and specific addresses for camera locations are provided in Appendix A. Exact camera system placement is subject to additional field observations and construction recommendations. The selection of the five proposed camera locations, spaced at 4-to-5-mile increments along the corridor, are expected to reduce vehicle speeds to safe levels along the entire stretch of Pacific Coast Highway. This spacing also promotes an equitable distribution of camera locations across the entire city to prevent disproportionate burden on a single geography.

SPEED SAFETY SYSTEM IMPACT REPORT

CITY OF MALIBU
3 The stretch of the Pacific Coast Highway in the City of Malibu sees high volumes of vehicles speeding. Based on speed data recorded near potential camera locations, up to 20% of vehicles are traveling over 10 MPH above the posted speed limit. Four of the five camera locations have at least one direction with over 1,000 daily vehicles travelling more than 10 MPH above the speed limit. Detailed driver speed data is included in Appendix A. With the corridor experiencing a high volume of speeding vehicles, cameras spaced along the Pacific Coast Highway can encourage drivers to reduce speeds, providing significant public safety benefits.

Figure 1: Speed Safety System Locations
The City of Malibu has a population of approximately 10,000 inhabitants. According to the U.S.

Census Bureau, fewer than 20% of Malibu city residents identify as an ethnicity other than white, and 12.5% of the population lives in poverty. The median household income for city residents is $192,000. Much of the traffic on the Pacific Coast Highway consists of tourists to the area’s beaches or travelers passing through the city on trips along the coast. The collected ADT counts record an average of 20,000 trips in each direction over a 24-hour period along the Pacific Coast Highway. As the City of Malibu has only 10,000 residents, at least 50% of Pacific Coast Highway traffic comes from non-resident movements each day.

ESTIMATED FISCAL COSTS
The City of Malibu estimates that initial installation and ongoing costs, such as routine maintenance, operations, and administration of the five speed safety systems to be approximately $2,086,895. The estimated costs shown in Table 1 reflect the costs of five systems per year for five years.

SPEED SAFETY SYSTEM IMPACT REPORT

CITY OF MALIBU
4 Table 1: Estimated Annual Fiscal Costs
Type Program Establishment Cost Ongoing Costs
Total Salary & Fringe $101,895 $50,000
Hardware & Equipment (Poles,
cameras, signage, etc.) $1,750,000 $510,000
Other (Procurement, Training,
Professional Services, Power Costs) $235,000 $450,000
Total Cost $2,086,895 $1,010,000
The City of Malibu will initially utilize funding from the General Fund to establish the Speed Safety Pilot Program. Once established, the speed safety systems will be operated and maintained by revenue generated by citations, which will be used to cover costs including the initial equipment installation, adjudication of violations, and reporting requirements per California Vehicle Code 22436. An agreement shall be made between the City of Malibu and the Department of Transportation for the allocation of excess revenue toward traffic-calming measures on Pacific Coast Highway within three years of the end of the fiscal year in which the excess revenue was received. Excess revenue shall revert to the Active Transportation Program, as directed in Chapter 8 of the Streets and Highways Code (commencing with Section 2380), if traffic-calming measures are not planned or constructed after the third year in which funds shall be allocated by the California Transportation Commission per Section 2381 of the Streets and Highways Code.

ESTIMATED SYSTEM BENEFITS
An automated speed safety system would yield the following benefits:
• Time Savings: City staff can identify speeding violations remotely and at multiple locations simultaneously, improving effectiveness and efficiency of speed enforcement and saving staff resources while still yielding the same public safety benefits. • Data Quality: Objective data reporting from an automated camera system encourages data accuracy related to vehicles speeding over the posted limits. More accurate data allows greater compliance with enforcement of speeding. Further, data provided can provide immediate sources of information to inform future polices and regulations and demonstrate the efficacy of various traffic control measures in real time. • Staff Safety: Reduces the need for in-person traffic stops along the shoulders of the Pacific Coast Highway, improving staff safety which decreases the possibility of costly injuries and accidents.

IMPACT ASSESSMENT

DATA ANALYSIS
The impact assessment evaluates any potential consequences to specific populations arising from the implementation of the speed safety camera system. This analysis aims to support both the enhancement of public safety and the protection of civil liberties and civil rights. With

SPEED SAFETY SYSTEM IMPACT REPORT

CITY OF MALIBU
5 safeguards in place, the camera system will reduce and mitigate potential impacts to civil rights and liberties. The project’s goal is to implement a system that is fair, equitable, and respectful of individual rights while achieving its intended traffic safety objectives.

STAKEHOLDER OUTREACH
To understand the full civil rights impacts of camera systems, a diverse range of communitybased organizations were contacted to provide feedback on the Malibu speed safety camera system strategy. Outreach included two (2) public engagement meetings including one (1) virtual meeting and one (1) in-person meeting. Members of the public provided their feedback and input to shape the direction of camera system implementation. Generally, community members and organizations were supportive of the safety benefits precipitated by speed safety camera systems and stated data privacy safeguards were generally well received. Through engagement with vulnerable groups potentially impacted by the camera system, stakeholder outreach aligns the camera system to most effectively achieve its desired benefits and mitigate negative impacts that may be disproportionally burdensome on select subgroups.

CIVIL LIBERTY ANALYSIS
The City of Malibu has identified and assessed potential impacts as well as mitigation strategies to protect the civil liberties and civil rights of the community as it pertains to the Speed Safety Program.
• Preventing Discrimination: By applying equal enforcement of system regulations to all vehicles without regard to driver identity, speed cameras aim to eliminate the potential of racial biases that can be present in traditional traffic stops. Cameras will be distributed equally along the entire stretch of the Pacific Coast Highway in the City of Malibu. • Preventing Economic Loss: With technical safeguards in place, the speed safety system provides no external access to information identifying individuals, making the risk of misidentification and identity theft minimal. Since registration data is processed by the speed safety system technologies, there is minimal human interaction. Further, automated enforcement reduces direct police interactions with vehicles during traffic stops, providing additional safety enforcement mechanisms without requiring additional resources. • Safeguarding Liberty: Any loss of liberty, including improper exposure to arrests or detainment due to incomplete or inaccurate data, is highly unlikely because speed cameras are tested regularly for quality assurance before issuing violations. As required by law, cameras are regularly inspected no less than once every 60 day and calibrated annually by an independent calibration laboratory. Further, speed camera violations are civil in nature, not impacting a person’s criminal records. • Safeguarding Dignity: The surveillance system only captures the rear license plate, with the vendor destroying any pedestrian or cyclist images. Data is processed based on DMV registration rather than based on any images of individual vehicle occupants, protecting vehicle occupant dignity.

SPEED SAFETY SYSTEM IMPACT REPORT

CITY OF MALIBU
6 • Safeguarding Autonomy: The City of Malibu will not share surveillance data with other departments or entities, in compliance with California Vehicle Code section 22425(l)(5). • Safeguarding Public Trust: License plate numbers are solely used for speed violations, with strict policies allowing only authorized access to system data and prohibiting facial recognition technology by California law. Data collected is confidential and not shared with third parties.
• Preventing Physical Harm: The speed safety cameras do not distinguish individuals, and the system does not access individual identifying information through the DMV system. Consequently, the system does not cause any physical harm.

EQUITY ANALYSIS
Speed safety camera locations will be spread evenly across the Pacific Coast Highway corridor, reducing the individual burden on any unique geography or population. As was shown in Figure 1, cameras are spaced between 4.2 miles and 5.5 miles from adjacent cameras, providing even citywide coverage.

None of the cameras are in census tracts with significant portions of low-income or minority populations. Further, none of the City of Malibu qualifies as an “Disadvantaged Community,” as determined by SB 535. As a result, the camera program promotes equity by spacing cameras across the entire city, evenly spreading out benefits and impacts of the cameras throughout the region.

DIVERSION PROGRAM
The City of Malibu will offer a diversion program for eligible speed safety system violators who meet specified income thresholds to complete community service in lieu of paying the applicable fines and penalties for the speed violation. Indigent speed safety system violation recipients shall alternatively have the ability to pay applicable penalties over a period of time with monthly installments of no more than twenty-five dollars ($25) per month. Applicable fines and penalties may be reduced by 80 percent for indigent persons, and by 50 percent for individuals up to 250 percent above the federal poverty level. Violation recipients may demonstrate income eligibility by providing applicable information as referred in California Vehicle Code 22445.4(c) that supports an annual income no greater than 250 percent above the federal poverty level.

SPEED SAFETY SYSTEM IMPACT REPORT

CITY OF MALIBU
7 APPENDIX A: Proposed Speed Safety System Locations
Full Day 0:00-5:00
EB 55 59 63 101 3%
WB 55 59 60 98 3%
EB 50 60 64 1,001 15%
WB 50 60 64 903 15%
EB 50 62 67 1,513 18%
WB 50 62 63 1,621 20%
EB 45 52 57 1,363 7%
WB 45 52 52 855 5%
EB 45 55 59 3,234 16%
WB 45 54 54 1,759 9%
Proposed Camera Location Speed and Collision Data
Carbon Beach
Direction
Posted
Speed
Limit
3 111
85th Percentile
Speed
Tuna Canyon 2 72
Number of
Fatal
Collisions
(2019-2023) in
one mile
18 20%
Number of NonSevere Injury
Collisions (2019-
2023) in one
mile
Percentage of
Collisions
Attribuatable
to Speeding
Number of
Collisions
Attribuatable
to Speeding
34 27%
4 8
4 22%
18%
Latigo Canyon 13%
Morning View
Decker
Number of
Daily Vehicles
>10 MPH Over
Posted Limit
Intersection
Pacific Coast
Highway
Pacific Coast
Highway
Pacific Coast
Highway
Percentage
of Daily
Vehicles >10
MPH Over
Posted Limit
3 2
2 8
31 26
Number of
Severe Injury
Collisions
(2019-2023) in
one mile
Pacific Coast
Highway
Pacific Coast
Highway
8 10
4 13
17 Full Day 0:00-5:00
EB 55 59 63 101 3%
WB 55 59 60 98 3%
EB 50 60 64 1,001 15%
WB 50 60 64 903 15%
EB 50 62 67 1,513 18%
WB 50 62 63 1,621 20%
EB 45 52 57 1,363 7%
WB 45 52 52 855 5%
EB 45 55 59 3,234 16%
WB 45 54 54 1,759 9%
Proposed Camera Location Speed and Collision Data
Carbon Beach
Direction
Posted
Speed
Limit
3 111
85th Percentile
Speed
Tuna Canyon 2 72
Number of
Fatal
Collisions
(2019-2023) in
one mile
18 20%
Number of NonSevere Injury
Collisions (2019-
2023) in one
mile
Percentage of
Collisions
Attribuatable
to Speeding
Number of
Collisions
Attribuatable
to Speeding
34 27%
4 8
4 22%
18%
Latigo Canyon 13%
Morning View
Decker
Number of
Daily Vehicles
>10 MPH Over
Posted Limit
Intersection
Pacific Coast
Highway
Pacific Coast
Highway
Pacific Coast
Highway
Percentage
of Daily
Vehicles >10
MPH Over
Posted Limit
3 2
2 8
31 26
Number of
Severe Injury
Collisions
(2019-2023) in
one mile
Pacific Coast
Highway
Pacific Coast
Highway
8 10
4 13
17 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of April 13, 2026, by and between the City of Malibu, a municipal corporation (hereinafter referred to as the "City"), and Blue Line Solutions, a California limited liability company (hereinafter referred to as "Consultant" or “BLS”).

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 the implementation and operation of the Speed Safety Camera System Pilot Program.

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

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

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

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

2.0 TERM OF AGREEMENT. This Agreement will become effective on April 13, 2026, and will remain in effect until completion of the Services 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 (Exhibit “A”) and the compensation schedule (Exhibit “B”). The cost of services shall not exceed $2,801,751 for each of the five years shown in Exhibit B for a total not to exceed amount of $14,008,755. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his or her designee.

4.1 The Consultant shall submit to the City, by no later than the 10th day of each Docusign Envelope ID: 0959C07E-77A9-4731-84B7-AF8612770467 Attachment 3
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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 immediately 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 Docusign Envelope ID: 0959C07E-77A9-4731-84B7-AF8612770467 Agreement for Professional Services
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under this Agreement may be withheld to off-set anticipated damages.

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

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

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

6.5 Indemnification.

To the fullest extent permitted by law, Consultant shall indemnify and hold harmless City and any and all of its officials, employees, agents, and/or volunteers (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this Agreement. Consultant’s duty to indemnify and hold harmless City shall not extend to the City’s sole or active negligence or willful misconduct.

6.5.1. Duty to defend.

In the event the Indemnified Parties, individually or collectively, are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Consultant shall defend the Indemnified Parties at Consultant’s cost or at City’s option, to reimburse City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions. Payment by City is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and City, as to whether liability arises from the sole or active negligence or willful misconduct of the City or its officers, employees, or agents, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the Indemnified Parties as solely or actively negligent or to have acted with willful misconduct.

Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees, and costs of litigation.

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

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

6.7.1. The Consultant shall be an independent contractor and shall have no power to incur any debt or obligation for or on behalf of the City. Neither the City nor any of its officers or employees shall have any control over the conduct of the Consultant, or any of the Consultant’s employees, except as herein set forth, and the Consultant expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees are in any manner employees of the City, it being distinctly understood that the Consultant is and shall at all times remain to the City a wholly independent contractor and the Consultant's obligations to the City are solely such as are prescribed by this Agreement.

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

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

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

6.11 Final Payment Acceptance Constitutes Release. The acceptance by the Consultant of the final payment made under this Agreement shall operate as and be a release of the City from all claims and liabilities for compensation to the Consultant for anything done, furnished or relating to the Consultant’s work or services. Acceptance of the final payment shall Docusign Envelope ID: 0959C07E-77A9-4731-84B7-AF8612770467 Agreement for Professional Services
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be any negotiation of the City’s payment or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that payment. However, approval or payment by the City shall not constitute, nor be deemed, a release of the responsibility and liability of the Consultant, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the City for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents.

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

6.13 Files. All files of the Consultant pertaining to the City shall be and remain the property of the City. The Consultant will control the physical location of such files during the term of this Agreement and shall destroy the files in accordance with the Malibu Speed Safety System Use Policy upon City’s request.

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 Docusign Envelope ID: 0959C07E-77A9-4731-84B7-AF8612770467 Agreement for Professional Services
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costs in addition to all other relief to which that party or those parties may be entitled.

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

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

CITY: Joe Irwin
City Manager
City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265-4861
TEL (310) 456-2489 x 226
FAX (310) 456-2760
CONSULTANT: Blue Line Solutions-CA, LLC.

Mark Hutchinson, CEO
4409 Oakwood Drive
Chattanooga, TN 37416
T: (423) 803-9975
E: [email protected]

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

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

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

City Initials ______
Consultant Initials ______
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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 ______
[Signatures on Next Page]
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This Agreement is executed on _____________________, at Malibu, California, and effective as of _______, 2026.

Blue Line Solutions – CA, LLC, a California limited liability company _______________________________
By:

Title:

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

SCOPE OF WORK
Headings used in this Scope of Work, are for convenience only and do not affect the interpretation of its provisions.

The terms “citation” and “Notice of Violation” are used interchangeably and shall mean the formal charging instrument issued after internal review of a suspected speeding violation.

I. CONSULTANT OBLIGATIONS

PLAN AND DESIGN

1. Blue Line Solutions, LLC (“BLS”) shall perform project management functions such as leading project meetings and field visits. Tasks will include construction kick-off meetings, securing traffic control, installing attachments on existing poles or installing new poles if needed, installing signage, maintaining Automated Speed Safety Camera System (“SSC System”) equipment, and managing electrification. All systems will be fixed.

2. BLS will conduct necessary analysis of the SSC System locations such as, but not limited to:

Site assessment
Structural analysis
Field inventory
Connections to utilities.

3. For installation work already done, BLS will review the site to ensure the work done to date meets SSC System requirements.

4. In coordination with the City, BLS will plan and design each directional approach with the SSC System, speed feedback signs, speed limit signs with flashing beacons, and “Photo Enforced” signage as described in The City of Malibu’s Speed Safety Pilot Program, codified at Cal. Veh. Code §§ 22435-22441 (the “Pilot Program”).

5. All plans will comply with applicable regulations, the Pilot Program, City of Malibu standards, Caltrans standards, the City of Malibu Speed Safety System Impact Report, the City of Malibu Speed Safety System Use Policy, and relevant guidelines and standards.

6. BLS will submit one (1) set of conceptual design plans and one (1) set of final design plans for each SSC System location as needed.

7. All plans shall include specification and detail sheets for the camera system, and the type and location of required signage for each camera system.

8. The total power draw per SSC System shall not exceed 90 watts unless authorized by the City.

PLAN AND DESIGN DELIVERABLES

9. BLS will provide the following deliverables to the City:

Implementation Plan
Work Breakdown Structure Summary
Gantt schedule
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Risk log
Communications plans
Plans, signed by the BLS’s licensed engineer registered in the state of California, of the SSC System installation on the existing signal poles for review and approval Monthly progress reports prior to installation of SSC Systems; anticipated construction schedules; needed construction permits; approvals, and as‐builts.

PERMITTING

10. For any permitting already done, BLS will review the site plans to make sure that they meet SSC System requirements.

11. BLS is responsible for obtaining necessary permits, approvals, and certifications as required by the applicable governmental entity having jurisdiction within the public right of way, including Caltrans, as needed.

PERMITTING DELIVERABLES

12. BLS will submit all required documents for City building permits and Caltrans’ Encroachment Permit.

IMPLEMENTATION SCHEDULE

13. The implementation schedule will include the following milestones:

Within 45 days from the Notice To Proceed:
i. A complete set of plans for five (5) SSC Systems signed by BLS’s licensed engineer registered in the state of California.
ii. A detailed construction schedule, demonstrating coordination with Southern California Edison (“SCE”) requirements.

Within 90 days from Notice To Proceed:
i. Installation of roadside equipment at five (5) SSC System sites, including the installation of required electrical connections and metering equipment as specified by Southern California Edison.
ii. This 90-day timeframe depends on both permit approvals and installations of the SCE meters, either of which may cause delays in the schedule.
iii. Documents certifying calibration and testing of roadside equipment at five (5) SSC System sites.

Within 100 days from Notice to Proceed:
i. Operationalize five (5) SSC Systems, including installation and testing. ii. Commence the initial 60-day warning period described in Section 70. iii. Send monthly flat fee invoice for Services within 15 days following the end of each month, beginning with the warning period.

INSTALLATION

14. To the extent feasible, BLS shall angle the SSC Systems to only capture rear license plate photographs of speeding vehicles and not images of other drivers, vehicles, or pedestrians.

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15. BLS will coordinate power connection installation with SCE, along with traffic control.

16. BLS will retain ownership of the SSC System equipment.

17. Both BLS and BLS’s subcontractors will be properly licensed to perform this work.

INSTALLATION DELIVERABLES

18. BLS will provide the following documents to the City:

Factory acceptance and site acceptance test plans/reports Activation plan
Operation plan

IMAGES CAPTURED

19. The SSC Systems shall capture images of the rear license plate of vehicles that are traveling 11 miles per hour or more over the posted speed limit.

20. The SSC Systems shall not capture identifying data of non-speeding vehicles.

21. All imagery shall be provided with high image quality and resolution for the SSC Systems so that Vehicle License Numbers (“VLN”) can be read.

Imagery shall be color and made available in a standard format, such as JPG, PNG, BMP, GIF, TIFF, MPEG, MP4, WEBP, or AVI, unless otherwise directed by the City.

BLS shall make archived imagery and related metadata available for authorized City staff.

PRELIMINARY REVIEW

22. BLS will promptly perform a preliminary review of recorded event data of an automated speed violation for the purpose of filtering recorded event data that is not of sufficient quality for further use.

For example, BLS may filter event data in which no motor vehicle registration plate information or only partial information is reasonably discernible from the Recorded Event. BLS will also filter emergency vehicles.

BLS will perform this review and forward the violation data within 72 hours to the City.

The City will have the sole and exclusive responsibility for the final review of Recorded Events data not filtered by BLS and the authorization and issuance of a notice of violation thereafter.

NOTICE OF VIOLATION REQUIREMENTS

23. BLS will send notices of violation authorized by the City to the registered owner of a vehicle captured traveling 11 miles per hour or more over the posted speed limit within 15 days of the violation, which will include:

A unique citation number.

Algorithm check digits to avoid duplication.

The specific section of the Vehicle Code violated, the speed of the vehicle, the applicable speed limit, and the verification of the most recent calibration of the SSC System pursuant to Cal. Veh.

Code § 22435(c)(4).

The camera location.

The location, the date, and approximate time the violation occurred.

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A clear photograph of the license plate and rear of the vehicle, the vehicle license number, and the name and address of the registered owner of the vehicle. Notices of violation shall exclude images of the rear window area of the vehicle.

A statement that payment is required to be made no later than 30 calendar days from the date of mailing of the notice of violation, or that the violation may be contested pursuant to Cal. Veh.

Code § 22437.

The amount of the civil penalty due for that violation and the procedures for the payment of the civil penalty or for contesting the notice of violation.

A web address link to the video of the violation. The notice of violation will also include an affidavit of nonliability, information on what constitutes nonliability, information on the effect of executing the affidavit, and instructions for returning the affidavit to the processor.

A proof of service by mail consistent with Section 1013a of the Code of Civil Procedure.

24. BLS will also associate the following with the citation:

Enforcement Data: Badge or ID number of the person issuing the Citation and issuing agency code.

Financial Data: The original fine amount plus the dates and amounts of any penalties or fees that have accrued.

Mail Data: The mail date and description of all Notices or Correspondence letters mailed, including any return or forwarding mail information.

Adjudication Data: The date and time of any Administrative Review, Hearing, or Appeal and subsequent decision.

Protest Data: Date and disposition of Protests of Notices of Violation.

Payment Data: Payment date, payment source (e.g.; mail, in‐person, online), payment amount, method of payment (e.g.; cash, check).

NOTICE OF VIOLATION DELIVERABLES

25. BLS will provide City with the following items relating to notices of violation:

Before warnings are issued: Sample notice packages; address verification workflow; returnedmail procedures; bilingual templates.

Once the system goes live: monthly customer service metrics.

AFFIDAVIT OF NONLIABILITY

26. If the affidavit of nonliability is returned to BLS within 30 calendar days of the mailing of the notice of violation, together with proof of a written lease or rental agreement between a bona fide rental company, as defined in Cal. Civ. Code § 1939.01, or a personal vehicle sharing program, as defined in Cal. Ins. Code § 11580.24, and its customer that identifies the renter or lessee, BLS will serve or mail a notice of violation to the renter or lessee identified in the affidavit of nonliability.

27. If the affidavit of nonliability is returned to BLS within 30 calendar days of the mailing of the notice of violation, together with proof of a copy of a police report indicating the vehicle had been stolen at the time of the violation, BLS will not subject the registered owner to a civil violation.

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VEHICLE OWNERSHIP ACCESS

28. BLS has the responsibility for identifying vehicle ownership record data through NLETS, USPS, and other sources. The City shall complete and sign any necessary letters to NLETS authorizing BLS to retrieve vehicle data records for processing.

REGISTRATION INFORMATION

29. BLS will provide reasonably available vehicle registration information necessary to issue Notices of Violation resulting from the SSC System at no additional cost to the City.

NEWGUARD

30. BLS will provide an automated, web-based processing program called NewGuard for all valid Notices of Violation, including image processing, mailing of the initial Notice of Violation and a reminder Notice, printing, and mailing costs. Subject to the approval and authorization from the City, each Notice of Violation will be delivered by first-class mail to the registered owner within 15 days.

Subsequent notifications may be delivered by first-class mail.

31. NewGuard will support all phases of Notice of Violation processing, from initial issuance of a Notice of Violation to final resolution by payment, dismissal, or other disposition.

32. NewGuard is web‐based and compatible with all widely used browsers, including Microsoft Edge and Google Chrome.

33. NewGuard will enable internal users to upload electronic or hard copy documents, files, e‐mails, etc., to the Notice of Violation or other permanent account record.

34. NewGuard will enable internal and, to a limited extent, external users to upload electronic or hard copy documents, files to the Notice of Violation or other permanent account record.

35. NewGuard will include image management functionality that tracks and processes incoming correspondence and permits viewing of scanned correspondence.

36. NewGuard will provide an automated correspondence function that allows the City staff to automatically generate form letters to be printed and mailed.

37. NewGuard will include secure online dashboards with associated databases for processing, reviewing, retrieving, exporting, storing, maintaining, and analyzing Notice of Violation-related data as well as traffic data collected by the system.

CIVIL PENALTIES

38. BLS will not assess a civil penalty to a person if they are subject to criminal penalties for the same act. BLS will apply civil penalties based on the driving speed detected, specifically:

Fifty dollars ($50) for driving at a speed of 11 to 15 miles per hour over the posted speed limit.

One hundred dollars ($100) for driving at a speed of 16 to 25 miles per hour over the posted speed limit.

Two hundred dollars ($200) for driving at a speed of 26 miles per hour or more over the posted speed limit, up to 99 miles per hour.

Five hundred dollars ($500) for driving at a speed of 100 miles per hour or more.

39. As per the law (Senate Bill No. 1297 CHAPTER 631), “a vehicle’s first violation for traveling 11 to 15 miles per hour over the posted speed limit shall be a warning notice.” Such warnings issued by BLS shall count against the Document Production and Mailing Services fixed fees.

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40. No Notice of Violation assessing a civil penalty will be issued unless first reviewed and approved by the City.

MAILING

41. BLS will comply with the statutory deadlines in mailing all Notices of Violation.

42. BLS shall comply with all U.S. Postal Service requirements applicable to pre‐sorting, bar coding, and first‐class mail, including the U.S. Postal Service’s “Domestic Mail Manual”.

43. BLS will be responsible for verifying addresses and re‐sending Notices of Violation (at least two attempts).

VIOLATOR PORTAL

44. BLS will provide a Notice of Violation portal, allowing the registered owner or an individual identified by the registered owner in an affidavit of nonliability as the driver of the vehicle at the time of the alleged violation to review and obtain a copy of the photographic evidence of the alleged violation.

EXPERT TESTIMONY AND EVIDENCE PACKAGES

45. BLS will make available, at BLS’s expense, a qualified expert representative to attend and provide testimony for one hearing per Notice of Violation provided that BLS receives at least thirty (30) days prior written notice of each such hearing. BLS is not responsible for the outcome of any such hearing.

Additionally, BLS will prepare and submit to the applicable hearing officer, Agency, or Court an Evidence Package to include all paperwork, images, and/or video and other documentation necessary for hearings on all citations/violations contested throughout the life of the program.

46. In the event of additional expert testimony requests, the City will reimburse BLS for costs incurred in making such expert available to testify, including reasonable travel, lodging, and related expenses and time at the expert's then-current hourly rate.

OPERATION SERVICES

47. As part of its full-service program, BLS will assume responsibility for services necessary for the operation of the SSC Systems, including data and connectivity. The City will not be responsible for managing or maintaining any connectivity or data services related to the program. BLS will establish and maintain all required contracts to ensure continuity of service, except for power as described below:

Power will be paid by the City through its existing SCE contract.

BLS will monitor and report on power usage to the City.

TRAINING

48. BLS, at no additional charge, will be responsible for training all individuals requiring system access.

This includes training new operators up to six times a year, as staffing assignments may change at the sole discretion of the City. The training session will include:

Written training documentation, created to support the performance of those functions for which the City staff shall be responsible to review and/or testify.

The following topics at a minimum:
i. Data security policies and procedures.

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ii. The definition of Personally Identifiable Information (PII) and what types of PII are stored in NewGuard.
iii. Methods in which City employees and BLS staff can access the data. iv. Authorized and prohibited uses of data collected from the SSC Systems. v. Procedures on how to report issues or concerns regarding the SSC Systems. vi. A review of Malibu’s SSC System technology and locations. vii. A description of the “life cycle” of a violation from event capture through disposition. viii. A review of the violation templates.
ix. Process of reviewing and issuance of alleged speed violations. x. The contents of an evidence package.
xi. Data privacy and retention protocols.
xii. Reporting.

Documentation of attendees.

TRAINING DELIVERABLES

49. BLS will provide the following to City:

City and vendor training curriculum/materials covering access rules, privacy, retention, review/issuance, and incident reporting.

Training sessions delivery, inclusive of all supplemental training materials, throughout the year on an annual and as‐needed basis for the City personnel who will operate the SSC Systems, review photographic evidence and related violation data, and/or testify in administrative proceedings and any other personnel deemed necessary by the City within the first 3 months following the effective date of the Agreement and up to every 3 months as needed thereafter.

REAL-TIME NOTIFICATION

50. BLS SSC Systems will provide real-time notification to drivers when violations are detected per SB1297 requirements (Cal. Veh. Code § 22435(c)(5)).

MAINTENANCE AND REPAIRS

51. BLS will provide all routine maintenance of SSC System equipment. This activity will include:

Inspecting the SSC System and related signage at least once a month to:
i. Certify that the SSC System and signage are installed and operating properly. ii. Check for and clean up vandalism and authorized posting of materials or graffiti. iii. Check for damage.
iv. Confirm the structural integrity of the poles and equipment a) BLS will inform the City of any structural issues that could pose a safety risk.

Retaining documentation of the regular inspection, operation, and calibration of the SSC Systems for at least 180 days after the date on which a given SSC System has been permanently removed from use.

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Conducting responsive adjustments to hardware and firmware as required due to, but not limited to, changes to speed limits or traffic signals.

Being available to conduct onsite field visits with City staff.

52. BLS will document via electronic log or other acceptable means of reporting that may be made available to the City upon request, but not less than every two months, the preventive maintenance of all camera equipment and radar components and related services, and all repair activity, planned, unplanned, or emergency, to be maintained by BLS for each incident reported.

53. BLS will ensure that the SSC Systems are updated and upgraded with current photo enforcement software and hardware technology as follows:

As BLS develops and offers new products or upgrades of existing products, BLS shall give the City the opportunity to upgrade to the newest product offerings.

BLS will not implement technology upgrades without the City's approval.

Requests to employ technical upgrades shall be made in writing.

Updates and upgrades to the SSC System throughout the term of the Agreement shall be at no charge to the City.

OPERATION AND CALIBRATION

54. BLS will ensure that the speed safety system is regularly inspected no less than once every 60 days and certify that the system is installed and operating properly.

55. BLS will calibrate each camera unit in accordance with the camera manufacturer’s instructions and provide yearly third-party calibration certification of each SSC System and retain documentation of the calibration of the SSC System for at least 180 days after the date on which a given SSC System has been permanently removed from use.

CALIBRATION AND MAINTENANCE DELIVERABLES

56. BLS will provide the City with the following documents and services:

Inspection, certification, and calibration reports and logs.

Provide and report on a preventive maintenance program and, in times of emergency, repair damage of faulty equipment to achieve reasonable reliability and availability of the system.

Maintain documentation of monthly monitoring of every SSC System‐related field asset, including camera systems and signs. Prepare and submit report to the City.

Provide SSC System updates and upgrades at no additional charge to the City.

SERVICE LEVEL AND REPAIRS

57. BLS will provide the City with accessible technical support for critical SSC Systems.

58. BLS will provide emergency repair services to equipment that experiences failures that could prove hazardous.

59. BLS will provide a twenty‐four (24) hour emergency contact number for City employees to contact in case of emergency situations.

60. As needed, BLS will implement alternative power sources during emergency situations, including SCE PSPS events.

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61. BLS will report equipment or related services outages within 4 hours of occurrence, except under extreme circumstances such as natural disasters. BLS shall report impacts to data, firmware or hardware, whether pertinent to the customer or agency dashboard or to the camera.

62. BLS will provide periodic updates regarding restoration of Service.

63. If the equipment cannot be made operational within 24 hours of when an issue occurs, the camera or equipment shall be replaced at no charge to the City unless the damage was caused by the City, its employees, or authorized agents. Unless otherwise approved by the City, equipment being replaced due to damage, defacement, or inoperability must be replaced with new equipment at no additional cost to the City.

64. BLS will provide 95% or higher uptime for the SSC Systems with the following exceptions:

If requested prior to the incident and approved in writing by the City.

For unforeseen events such as:
i. A system knockdown or other significant repair that requires coordination with SCE, traffic control, or another third party.
ii. Loss of internet service or power.
iii. Natural disaster.

65. BLS will provide 99.9% uptime for NewGuard with the following exceptions:

If requested prior to the incident and approved in writing by the City.

Scheduled patches and releases.

Loss of internet service or power.

Force majeure incidents.

66. Inoperable equipment will be replaced within 24 hours at BLS’s expense, with the exception of repairs that require coordination with SCE, traffic control, or another third party who cannot respond within 24 hours.

SERVICE LEVELS AND REPAIRS DELIVERABLES

67. In addition to the service level requirements under “SERVICE LEVELS AND REPAIRS”, above, BLS will enter a Service Level Agreement between BLS and the City.

PUBLIC INFORMATION & EDUCATION (PI&E)

68. BLS will provide graphics and written content (collateral) for public information and education (PI&E) campaigns before the City deploys any SSC System. BLS will continue to assist the agency with ongoing PI&E throughout the program's life.

69. PI&E collateral will include written and graphic material translated into English, Spanish, Vietnamese, and Simple Mandarin Chinese. Items that will be provided are:

Graphics
i. Provide the following graphics sets, customized to project phases:
a) Email header image
b) Website hero image
c) Facebook image
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d) Instagram image
e) LinkedIn image
f) Twitter/X image
g) Flyer
ii. Provide the graphics listed above, customized to the following project phases:
a) Pre-Program
b) Schedule
c) Warning Period
d) Enforcement Period
Written Content
i. Provide the following written content set for each program phase:
a) Press Release
b) Social Media Captions
c) FAQs for website use
d) FAQs for street officer use
ii. Provide the written content sets listed above, customized to the following project phases:
a) Pre-Program
b) Schedule
c) Warning Period
d) Enforcement Period

WARNINGS

70. BLS will provide the City one (1) Sixty-Day warning period pursuant to Cal. Veh. Code §22435(d)(2)(A) at no additional charge. During the Sixty-Day warning period, Warning Notices rather than Notices of Violation shall be issued for violations detected by the SSC System. Additional warning periods, as requested by the City, will be subject to the fees per “Exhibit B.”

71. If additional SSC Systems are utilized on additional streets after the initial program implementation, the SSC System shall support the issuance of Warning Notices rather than Notices of Violation detected by the new SSC Systems during the first 60 calendar days of enforcement for the additional streets added to the program.

72. BLS will issue a warning notice for a vehicle’s first violation for traveling 11 to 15 miles per hour over the posted speed limit.

73. No warnings will be issued unless first reviewed and approved by the City.

PRIVACY PROTECTION REQUIREMENTS

74. All data collected from the SSC System is confidential, and BLS will not disclose, share, repurpose, or monetize collected data, except as specifically authorized by the Pilot Program and required by state or federal law, court order, or in response to a subpoena in an individual case or proceeding. BLS will not hold PII as evidence past the time allowable by California law.

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Photographic records made by an SSC System for a notice of violation, as described in Cal. Veh.

Code § 22435(j), will be purged 60 days after final disposition of the notice of violation.

Administrative records regarding SSC System violations, as described in Cal. Veh. Code § 22435(j)(1), may be retained for up to 120 days after final disposition of the notice of violation.

Photographic records made by an SSC System that does not result in the issuance of a notice of violation shall be destroyed within five (5) business days after the photograph was first made.

BLS shall not use facial recognition technology in conjunction with an SSC System.

INDIGENT OR LOW INCOME VIOLATORS

75. Upon being provided the violator status of low-income or indigent person for a given notice of violation, BLS will:

Update the citation(s) to reflect the low-income or indigent status.

Adjust the fines and penalties pursuant to Cal. Veh. Code § 22439(c).

Offer an installment payment plan to indigent violators with monthly installments of no more than $25/month. The processing fee to participate in a payment plan shall be limited to five dollars ($5) or less.

Indicate that an indigent violator can perform community service in lieu of payment.

INITIAL REVIEW

76. BLS shall be responsible for mailing the results of an initial review within 60 days of receipt of the request for review.

77. BLS will support the initial review process described in Cal. Veh. Code § 22437(a), including:

Scheduling violators for review, based on a request via telephone, in writing, electronically, or in person.

Verifying that the review request was submitted no later than 30 days from the date of mailing of the notice of violation.
i. Responses and/or Notices shall be mailed to violators via first class mail (as specified by SB 1297) if their submission request is outside the allowed review request timeframe.

Providing a queue listing the requests for review, sortable by request date, with an alert status for reviews at risk of not being done in a timely manner (suggest 50 days or more past the review request date).

Placing a “hold” or "suspend" on the notice of violation payment deadlines pending Review.

Providing an evidence package that the reviewer can use to review the violation.

Storing the denial or approval of the Protest, date and time of the Review, the person conducting the Review, and the reason for denial or approval of the Protest.

Providing a “comments” field for each VLN that will allow both the first level reviewers and the Hearing Division to enter notes about a particular VLN.

Providing a separate “comments” field for each notice of violation.

Providing the reviewer with the capability to cancel the notice of violation and mailing the results of the initial review.

Providing the reviewer with the ability to select a reason for not cancelling the notice of violation.

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For notices of violation not cancelled by the reviewer, mail the results of the review with the denial reason, notification of the ability to request an administrative hearing, and notice of the procedures adopted by the City for the administrative hearing, including for waiving prepayment of the civil penalty based upon an inability to pay.

Supporting daily batch processing and printing of decision letters and complete electronic image updated to file, including all Customer-specific information; Correspondence shall be held for 24 hours after the decision for internal quality control.

Automatically issuing refunds to violators who successfully dispute notices of violation.

Allowing transmission of letters by e‐mail if Customer agrees via online system.

Tracking Email notifications by the system within each electronic case file and responses from notification recipients shall be recorded and associated with the associated electronic case file.

78. BLS will be available for periodic spot checks of notice of violation administration to ensure correct violation processing procedures are being followed and being done in the appropriate timeframe as outlined in the Pilot Program. Spot checks shall be performed by authorized City staff.

INITIAL REVIEW DELIVERABLES

79. BLS will provide the City with the following:

Processed digital images and violation data with image and data quality review at every stage, updated violation vehicle information to identify the vehicle within 72 hours following the event.

A monthly report of the violations (discussed in more detail in reporting).

ADMINISTRATIVE HEARINGS

80. BLS will support the administrative hearing process described in Cal. Veh. Code §§ 22437(b) and (c), including:

Scheduling violators for administrative hearings, based on a request via telephone, in writing, electronically, or in person. At the time of scheduling, collect the amount of the civil penalty.

Allowing for an option of a deposit payment or a hearing deposit waiver form for a hearing to be applied to a notice of violation.

Verifying that the review request is made no later than 21 days from the date of mailing of the results of the initial review.
i. Responses and/or Notices shall be mailed to violators via first class mail if their submission requests are outside the allowed review request timeframe.

Recording the requested administrative hearing type as written declaration, video conference, or in person.

Providing a queue listing the requests for administrative hearing, sortable by hearing date and hearing type, with an alert status for administrative hearings at risk of not being held within 90 calendar days following receipt of a request (suggest 75 days or more past the review request date).

Providing an evidence package that the examiners conducting the administrative hearings can use to review the violation.

Allowing the requester to request one continuance of 21 days or fewer.

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Storing the result of the administrative hearing, date and time of the hearing, the examiner, and the reason for reversal or affirmance of the initial review.

Updating of disposition at the time of an examiner’s decision, the hearing type (e.g.; in person, mail, telephone), the hearing date, and any Fines or fees due.

Providing a “comments” field for each VLN that will allow both the first level reviewers and the Hearing Division to enter notes about a particular VLN.

Providing a separate “comments” field for each notice of violation.

Providing the examiners with the capability to cancel the notice of violation and mailing the results of the administrative hearing within 60 days of the hearing’s conclusion.

Providing the examiners with the ability to select a reason for not cancelling the violation. i. For violations not cancelled by the reviewer, mail the results of the administrative hearing with the denial reason, notification of the ability to request a superior court hearing, and notice of the procedures adopted by the designated jurisdiction for the superior court hearing, including for waiving prepayment of the civil penalty based upon an inability to pay.

Allowing payment of the civil penalty in installments or deferred payment or payments in installments, if the person provides evidence satisfactory to the examiner or the City of an inability to pay the civil penalty in full. If authorized by the governing body of the City, the examiner may permit the performance of community service in lieu of payment of the civil penalty.

Issuing refunds to individuals who successfully dispute notices of violation.

Allowing transmission of letters by e‐mail if the City agrees via online system. i. Tracking Email notifications by the system within each electronic case file and responses from notification recipients shall be recorded and retained within the associated electronic case file.

SUPERIOR COURT (DE NOVO) HEARING

81. BLS will support the superior court (de novo) hearing process by:

Providing the evidence package for the administrative record as requested by the City.

Recording the results of the Superior Court hearing and either cancelling or proceeding with the collection of the civil penalty
Calculating the interval open to file a Superior Court (de novo) hearing (i.e., 30 days after the mailing of the administrative hearing decision) so the City can determine if the requested Superior Court hearing is within the allowed timeframe.

Proceeding with collection of the civil penalty if the Superior Court decision is adverse to the appellant.

FIVE-YEAR REPORT

82. BLS will help the City prepare the evaluation of the SSC Systems in the City to determine the SSC Systems’ impact on street safety and the SSC Systems’ economic impact on the communities where the SSC Systems are utilized by tracking and providing the following information:

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Data, at least six months after implementation of each SSC System, on the number and proportion of vehicles speeding from 11 to 15 miles per hour over the legal speed limit, inclusive, from 16 to 25 miles per hour over the legal speed limit, inclusive, 26 miles per hour over the legal speed limit, and for every violator traveling at a speed of 100 miles per hour or greater.

Data on the average speed of vehicles and 85th percentile speed of vehicles.

The number of notices of violation issued under the program by month and year, the corridors or locations where violations occurred, and the number of vehicles with two or more violations in a monthly period and a yearly period.

The number of notices of violation paid, the number of delinquent violations, and the number of violations for which an initial review is requested. For the notices of violation in which an initial review was requested, the report shall indicate the number of violations that went to initial review, administrative hearing, and de novo hearing, the number of notices that were dismissed at each level of review, and the number of notices that were not dismissed after each level of review.

Invoices that reflect BLS’s costs associated with implementation and operation of the SSC Systems.

Reporting on revenues collected by the City.

The number of notices of violations issued to indigent individuals, the number of notices of violations issued to individuals of up to 250 percent above the poverty line, and the number of violations issued to each ZIP Code.

OTHER REPORTING AND ANALYTICS

83. BLS will collect, manage, maintain, and provide violation‐related and traffic‐related data during operation of any SSC System component. BLS will evaluate the data as required throughout the system life cycle (such as, but not limited to before and after speed studies, violation rates, and other data required under the Pilot Program).

84. BLS will capture, store, and make immediately available traffic volume data (e.g. speed breakdown, time of day volume, etc.) from each SSC System site. Individual camera site data shall be easily retrievable and shall be able to be imported by the City staff into XLS, CSV, or other mutually agreed upon format.

85. BLS will provide an audit trail that lists the status of all notices of violation by number, regardless of whether a notice of violation was paid, dismissed, or otherwise disposed.

86. NewGuard will have the ability to view and query reports on historical payments by license plate in order to see if there are consistencies among the actions of a specific individual. The indexing of historical payment data to be drawn upon when needed is an acceptable solution.

87. NewGuard will report on vehicle speed and volume, violation rejection rate and type, notices of violation generated, and other data required for automated notice of violation generation, notice of violation disposition, and comprehensive traffic analysis on photo enforcement locations.

88. NewGuard will track and offer reports on SSC System Program services and performance metrics such as technical and human error, system constraints, event‐to‐rejection rates, and post‐ assessment of data quality pertaining to dismissed Notices of Violation.

89. BLS will provide the City with monthly, quarterly, and annual activity reports concerning SSC System Program results.

90. BLS will provide flexible management reports for data analysis and oversight of the SSC program.

BLS shall provide reports that include but are not limited to the following areas:

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Program management
Performance standards
Operational statistics
Revenue and financial reporting
Management summary
Transactional reports
Reconciliation reports
Contract compliance
Management Reports

91. BLS will provide financial reports, including:

Payments and totals
Number of payments received
Number of Citations processed,
Revenue received
Form of payment
Processor
Batch number
Breakdown of payment type
Adjustment for bad checks

92. Monthly financial reporting shall include:

Number of payments received
Dollar amount received
Notice date
Transaction date (record update)
Notice of violation number
Partial payments
Refunds deducted
Aged revenue
Fine/penalty breakdown

93. Revenue Distribution Reports (“RDR”) shall be tailored to allocate all notice of violation revenue to the City, other issuing agencies, and the state as specified by the City.

94. Financial reports shall include the types of records updated, total records updated, and reconciliation of errors.

95. Update Reports shall include:

Types of records updated
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Total records updated
Reconciliation of errors

96. BLS will provide transaction edit reports.

97. BLS will provide production control reports.

98. BLS will provide workstation operator productivity reports.

99. Notices of Violation Issued Reports will include:

Notices of violation issued by the City, issuing officer, area, and detail regarding the monetary value of notices of violation issued and amounts paid.
100. Notice of Violation Dismissal Reports will include:

Notices of violation dismissed by the City, issuing officer, and violation type. 101. Administrative Dismissal Reports
Notices of violation dismissed by category and examiners.

Administrative Hold Reports will include:

Notices of violation that have been suspended by category, issuing officer, and examiners, and notices of violation added and deleted by category.
102. Notices Mailed Reports will include:

Notices mailed by type and total mailed by type.
103. BLS will provide to the City a monthly report of SSC System results within fifteen (15) days of the end of each calendar month. The report will include the following information:

Total number of violation events.

The number and proportion of vehicles speeding:
i. From 11 to 15 miles per hour over the legal speed limit, inclusive. ii. From 16 to 25 miles per hour over the legal speed limit, inclusive. iii. 26 miles per hour over the legal speed limit.
iv. Traveling at a speed of 100 miles per hour or greater. v. The average speed of vehicles.
vi. The 85th percentile speed of vehicles.

Total number of actionable violation events.

Total number of Notices of Violation issued.

Total number of Notices of Violation paid.

Reports on ongoing operations as required or such other reports and documents as are mutually agreed upon between BLS and the City.

REPORTING DELIVERABLES
104. BLS will provide the City with the following:

Monthly analytics (speed distributions, violation volumes, QC statistics).

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Vehicle volume and speed data exports per each SSC location.

Evidence transfer to City ≤72 hours post-event.

Quarterly and annual program Training.

Monthly generated reports containing the quantity of possible traffic violations, quantity and reasons for citation rejections.

Monthly reports containing the number of warning letters and Notices of Violation mailed each day.

Monthly report on number and speed of vehicle passes.

Data reports for the City available within 10 days after the end of each calendar month. Data should be made available in electronic formats and hard copies.

SSC System Program results monthly, quarterly, and annually.

CREDIT CARD AND DEBIT CARD PAYMENT
105. BLS will provide services that accept payments for notices of violation via the internet using a debit or credit card. BLS shall balance all transactions and transferred amounts and resolve any discrepancies. Credit card and debit card payments will include:

Full compliance with Level 1 Payment Card Industry Data Security Standards, including mandated updates. BLS will act as Merchant of Record, unless the City exercises its right to assume this function.

BLS will store detailed information regarding each transaction, including the last four digits of the credit card number (masked), registration, date, and time of transaction, authorization status, and amount of payment shall be captured and retained.

Ability to perform research and payment investigations based on storage of muted credit card number.

Revenue received shall be deposited daily to the City designated account through electronic transfer.

SSC RELOCATION
106. If the City decides to relocate an SSC System, BLS will prepare a plan for the removal and replacement of the SSC System at no additional cost to the City. 107. BLS will develop design plans for the new SSC System location with specification and detail sheets for the camera system, and the type and location of required signage for each camera system.

CASHIERING SYSTEM
108. BLS will provide a fully integrated cashiering system for in‐person citation payments. 109. BLS will provide a system with a failover cellular data connection, for use if the main internet service connections go offline. If both primary and secondary systems are offline, BLS will display a screen instructing users to call the BLS toll-free number to facilitate payment over the phone. 110. The cashiering system will:

Retrieve information from the Citation System database, such as notice of violation status, vehicle history, and DMV inquiries.

Print a detailed payment receipt.

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Create a clear, auditable record of payments received, including options for imaging of check or money order rendered.

Track segregated cash out by operator
Provide automatic check endorsement
Separate totals for cash, check, money order and credit/debit card transactions Reconcile payment transactions.

Provide ad‐hoc, query‐able reporting to build and customize reports by field for accounting and reconciliation needs.

DATA SECURITY AND STORAGE
111. BLS will maintain an alternate location from the primary data storage center. All data centers used in conjunction with the Agreement are within the continental United States. 112. BLS will use appropriate and current web application security project protocols and will not modify any web application security protocols without written notification to and written approval from the City.
113. BLS will provide for the following security measures for Citation System related hardware, software, and support services:

Ability to restrict the City staff access to the system by time of day and based upon proper authorization. This functionality will be available to the City before the 60-day warning period described in Section 70 begins.

Audit trail of any modification to Customer records or User access parameters.

Transaction histories with date, time, and identification of every transaction.

Strict control and reconciliation procedures for every system update.

Software virus detection and control.

Appropriate backup and archiving techniques that are periodically tested and evidenced.

DATA SECURITY AND STORAGE DELIVERABLES
114. BLS will provide the City with the following:

Backup and recovery procedures
A data protection plan
Security plan (Multi-Factor Authentication, Role-Based Access Control, auditing); data dictionary and export specs (CSV/XLS file format)

AUDITING, RECORDS INSPECTION, AND RECONCILIATION
115. The Citation System shall be required to provide an integrated, comprehensive and fully auditable financial processing system for all financial transactions. 116. The City shall have the right to inspect BLS’s records, which include, but are not limited to:
accounting records (hardcopy as well as computer data), written policies and procedures, organization charts, internal audit reports, all Correspondence, subcontractor files, reports, and any other documents relating to the performance of this Contract shall be open to inspection and subject to audit and/or reproduction by the City, the City auditors, the City Attorney, or designees of the City Docusign Envelope ID: 0959C07E-77A9-4731-84B7-AF8612770467 Agreement for Professional Services
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as necessary to adequately permit evaluation and verification of BLS’s compliance with contractual provisions.
117. All monies and receipts deposited to the City’s bank accounts shall be balanced to revenue distribution reports based upon the notices of violation paid and fees collected as reflected in NewGuard.
118. BLS shall research and resolve any discrepancies between processing logs/worksheets, batches, and databases and provide revenue distribution reports balanced to the cashiering system totals upon request.
119. BLS’s SSC System audit report shall be produced annually to align with the City’s fiscal year calendar (July 1‐June 30).
120. BLS shall reconcile all transactions updated to the database based upon the individual needs of the City.
121. BLS shall reconcile new notices of violation added to the database through all stages of processing, including initial receipt from the City, batching for data entry, subsequent processing, and update to NewGuard.
122. BLS shall allow the City staff access to NewGuard to make adjustments and/or reverse payment transactions for returned check items, send customizable Correspondence to the Customer advising them of the consequences and penalties applied because of the returned check transaction, update the Citation record and resume normal noticing and processing of the Citation. 123. NewGuard shall process various financial adjustments and update the Citation System to accurately reflect notice of violation status.
124. The City shall research overpayments and payments applied in error, perform the necessary financial adjustments, allow the ability to transfer paid amounts between two notices of violation if required, and process manual refunds in accordance with California law and the City policy.

These transactions shall undergo an accounting process separate from the daily reconciliation for in‐person, mail‐in, and online payments.

POST-PROGRAM SUPPORT
125. After the Speed Safety Camera System Pilot Program Pilot Program concludes and SSC systems are no longer capturing speed violations, BLS will remove SSC Systems in accordance with applicable plans, design review, and permitting requirements. In addition, BLS will :

Provide the City with support for reporting and metrics on the results of the Speed Safety Camera System Pilot Program for a period of one hundred and eighty (180) days.

Unless it is unlawful to do so, for a period of ninety (90) days, BLS will continue to process all events captured before the conclusion of the Speed Safety Camera System Pilot Program and provide all services associated with processing in accordance with this Agreement. After such ninety (90) day period, BLS will terminate all use of NewGuard for the City’s Program and upon such termination, NewGuard, including the public portal website accessible by Owners/violators, and related bank accounts shall no longer be capable of accepting payments.

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MODIFICATIONS TO REQUEST FOR PROPOSAL TASKS: CALIFORNIA-SPECIFIC CUSTOMIZATIONS The following items from the City’s Request for Proposal (RFP) will require requirements definition, testing, and development in NewGuard. These items will be supported by alternative processes until incorporated in NewGuard. A phased development plan will be created with the City.

TASK 7 MANAGE ADMINISTRATION OF VIOLATION LIFE CYCLE
RFP LANGUAGE:
“Capture, store, and make immediately available traffic volume data (e.g. speed breakdown, time of day volume, etc.) from each SSC System site.”
DEVELOPMENT RESPONSE:

Currently, the information can be ready within one business day of request. BLS will modify the NewGuard™ system to enable immediate access. BLS will work with the City to incorporate that functionality.

TASK 8 DATA AND RECORD MANAGEMENT
RFP LANGUAGE:
“The Contractor shall provide a standard relational database to allow authorized the [sic] City personnel to easily enter, access, search, and sort the database by various parameters including but not limited to: date of event, violation or alert tracking number, time of event, location of event, vehicle registration plate information, vehicle registration plate issuing state, specific lane in which the event occurred, non-processing reject code, average speed of detected vehicles, highest violator speed per site (daily, weekly, monthly), rejects/approvals/performance by the City personnel, and error alert type by date and location.”
DEVELOPMENT RESPONSE:

Blue Line Solutions invites the City to review the NewGuard™ reporting module before requiring the creation of this database. If the module does not meet the City’s needs, the City and BLS will jointly define additional reporting requirements.

TASK 9.1 SECURITY
RFP LANGUAGE:
“The Contractor shall provide for the following security measures for Citation System related hardware, software and support services:
a) Ability to restrict the City staff access to the system by time of day and based upon proper authorization”
DEVELOPMENT RESPONSE:

BLS will modify our NewGuard™ system to restrict access by the time of day (currently, the system restricts access by user but not by time of day).

TASK 9.5 CITATION DETAIL
RFP LANGUAGE:

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“The City of Malibu shall offer a diversion program for indigent speed safety system violation recipients to perform community service in lieu of paying civil penalties. Indigent speed safety system violation recipients shall alternatively have the ability to pay applicable penalties over a period of time with monthly installments of no more than twenty-five dollars ($25) per month.

Applicable fines and penalties may be reduced by 80 percent for indigent persons, and by 50 percent for individuals up to 250 percent above the federal poverty level.

DEVELOPMENT RESPONSE:

While NewGuard™ can accept partial payments, it does not have a specific indigent payee process.

BLS will create and incorporate a robust, Malibu-specific diversion process for the NewGuard™ software that will include:
 Identification of status as indigent or up to 250 percent above the federal poverty level, with an indication of the documentation reviewed to verify the status  Resolution options for community service
 Fine reduction options tied to that status
 Partial payment options
BLS will work with the City to document and design the end-to-end functionality in NewGuard. Until the software is updated and tested, BLS will support the indigent diversion program with manual processes as defined in the business rules with the City’s input and approval.

TASK 9.6 ELECTRONIC IMAGING
RFP LANGUAGE:
“The Citation System shall enable internal and, to a limited extent, external users to upload electronic or hard copy documents, files, e‐mails, etc. to the Citation or other permanent account record.”
DEVELOPMENT RESPONSE:

BLS will work with Malibu to define and prioritize requirements for uploading external files to the Citation. Until the software is updated and tested, BLS will support the external document upload requirements with manual processes as defined in the business rules with Malibu’s input and approval.

TASK 9.10 NOTICES AND CORRESPONDENCE
RFP LANGUAGE:
“Provide an automated Correspondence function that allows the City staff to automatically generate form letters to the satisfaction of the City.”
DEVELOPMENT RESPONSE:

BLS will work with the City to document and design NewGuard™ to incorporate form letters. Until the software is updated and tested, BLS will support form letter creation with manual processes as defined in the business rules, with the City’s input and approval.

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TASK 10 PROTEST SUBMISSION
While BLS does have a court module, the California protest process is different from the standard appeal process in other states. BLS will create a customized protest process for the City that includes:
 Queues for both the review and hearing process with an expiring indicator when the 90-day timeframe is expiring
 Hearing deposit or deposit waiver tracking that is linked to the status described in Task 9  Denial workflows that include both payment and appeal options  Approval workflows that include refund options
 Reporting needs to support the payment process (such as the number of citations in each process)
BLS will work with Malibu to document and design the end-to-end functionality in NewGuard™. Until the software is updated and tested, BLS will support the protest program with manual processes as defined in the business rules, with the City’s input and approval.

II. CITY OBLIGATIONS

GENERAL

1. The City will ensure the programs and their enforcement procedures comply with all applicable laws and/or policies.

2. The City agrees to direct its Agencies and departments to work with BLS to the best of their ability on the required system and program implementation and provide reasonable access to the City’s personnel and facilities to permit BLS and the City to fulfill the obligations under this Agreement.

3. The City will provide a project manager or other designated individual with authority to execute the City’s responsibilities under the Agreement.

INSTALLATION

4. The City will install the required signal poles to hold the SSC Systems, as well as the electrical service for the initial locations, as well as for any SSC System relocations that occur during the term of this Agreement.

5. The City agrees to use due diligence in working with BLS to secure all necessary permits or other documentation to install and operate SSC Systems under the City’s control. The responsibility for all documentation required to obtain permits is the responsibility of BLS. The City will assist, to the best of its ability, in obtaining any other permits or authorizations from the appropriate Department of Transportation, Municipality, or other government agency, as applicable, for operation in such locations. The City will not charge BLS for necessary City permits.

6. The City will make its Public Works Department, Electricians, or other staff available to BLS to help identify, coordinate, and permit pole locations, gain access to electricity hookups, etc., as needed. If the SSC Systems are to be mounted on existing structures, the City will issue a letter to BLS authorizing the use of the identified location.

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7. The City will issue a letter to BLS showing its authorized use for each pole identified for each SSC System to be mounted.

POWER

8. The City will pay the power costs for the SSC Systems and associated signage through its existing SCE contract.

FLASHER SCHEDULES

9. The City will provide BLS with the appropriate schedules and activation times necessary for initial and ongoing programming of enforcement cameras and related system equipment, including the physical flashing lights (“Flashers”). The City must also promptly notify BLS of any unscheduled construction or disruptions affecting the regular schedule within a Traffic Safety Corridor.

BLS will use the schedules to set multiple speed citation thresholds within multiple time periods throughout the day as needed, such as for construction zone speed limits and enforcement times.

VEHICLE REGISTRATION AND OWNERSHIP

10. BLS has the responsibility for identifying vehicle ownership record data through NLETS, USPS, and other sources. The City will complete and sign any necessary letters to NLETS authorizing BLS to retrieve vehicle data records for processing.

EVENT REVIEW

11. The City will authorize an agency officer to carefully review each potential Violation captured by the SSC System and transmit an electronic signature to each Notice of Violation approved by the City.

12. If an event does not result in a notice of violation, it will be purged within five business days from the date it is determined that it is a non-violation event.

13. The City hereby acknowledges and agrees that the decision to issue a Notice of Violation will be the sole, unilateral, and exclusive decision of the authorized officer in such officer's sole discretion, and in no event will BLS have the ability or authorization to make a Notice of Violation decision.

FINES AND COLLECTIONS

14. BLS is responsible for issuing notices of violation, after City review and approval, and collecting all fines and fees associated therewith. The City will approve customary fine collection services on behalf of BLS to reach a final disposition for all unpaid or contested violations.

To the extent permitted by law, the City agrees to hold harmless BLS from any liabilities, claims, or expenses to the extent caused by City’s failure to provide timely notice of changes to a location’s speed enforcement schedule.

SYSTEM DAMAGES

15. The City will promptly compensate BLS for negligent or intentional damage to the SSC Systems caused by the City, its employees, or authorized agents. All costs will be deducted from the program funds in the next billing cycle(s) by BLS. BLS will notify the City of all damage to its system prior to deducting the funds required to pay for the damage.

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PERSONNEL CHANGES

16. The City agrees to notify BLS of any resignations or terminations of its personnel so that they can be removed from all applicable systems. This is required to maintain Criminal Justice Information Services (CJIS) access and compliance.

17. The City agrees to provide and maintain the following information for each location enforced:

Speed limit (and schedule if speed varies by time of day) Enforcement speed threshold
Enforcement times (for example, 24X7)

SIGNAGE

18. Malibu will install the below signage no more than 500 feet before the placement of the system:

Signs stating “Photo Enforced”
Speed limit signs with flashing beacons
Speed feedback signs

PUBLIC INFORMATION & EDUCATION

19. The Malibu City Council has adopted and approved the Speed Safety System Use Policy and the Speed Safety Impact Report required by and defined in the Pilot Program.

20. Malibu will be responsible for updating the City’s website to identify the street or portions of the street approved for enforcement using a speed safety system and the hours of enforcement whenever the City changes the locations of enforcement.

21. The City will administer a public information campaign for at least 30 calendar days prior to the commencement of the program, which will include public announcements in major media outlets and press releases.

INITIAL REVIEW AND ADMINISTRATIVE HEARINGS

22. The City Council or City Manager will appoint or contract with qualified independent examiners for reviews and administrative hearings, as required by Cal. Veh. Code § 22437(c)(4)(A) .

23. The City will set the schedule, location, and availability for examiners for review and administrative hearings.

24. The City will establish the administrative hearing processes.

25. If a notice of violation is dismissed following an administrative hearing, the City will refund any civil penalty, if paid, within 30 days.

26. The City will define the training needs for the examiners according to the minimum requirements in Cal. Veh. Code § 22437(c)(4)(B), and may reimburse the examiner for training costs if not an employee.

27. The City will work with the examiners to promote reviews and hearings within the timeframe the statutes require (within 60 days of receipt of a request for reviews and within 90 days for hearings).

SUPERIOR COURT (DE NOVO) HEARINGS

28. For Superior Court (De Novo) Hearings held pursuant to Cal. Veh. Code § 22438, the City will develop processes to inform BLS when:

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An evidence package is needed.

The final outcome of the hearing is issued.

29. If the appellant prevails, the City will be responsible for refunding the Superior Court fee and any payment of the civil penalty in accordance with the judgment of the Superior Court.

INDIGENT AND LOW-INCOME VIOLATORS

30. The City will be responsible for reviewing evidence that a violator is either indigent or low-income and updating the citation(s) in NewGuard accordingly.

31. The City will be responsible for tracking community service obligations and their fulfillment if a violator elects that option.

FIVE-YEAR REPORT

32. The City will prepare the evaluation of the SSC Systems in the City to determine the SSC Systems’ impact on street safety and the SSC Systems’ economic impact on the communities where the SSC Systems are located. The City will track and provide the following information for the report:

Data, at least three months before implementation of each system, on the number and proportion of vehicles speeding from 11 to 15 miles per hour over the legal speed limit, inclusive, from 16 to 25 miles per hour over the legal speed limit, inclusive, 26 miles per hour over the legal speed limit, and for every violator traveling at a speed of 100 miles per hour or greater.

Data, before and after implementation of the system, on the number of traffic collisions that occurred where speed safety systems are used, relative to citywide data, and the transportation mode of the parties involved. The data on traffic collisions shall be categorized by collision type and injury severity, such as property damage only, complaint of pain, other visible injury, or severe or fatal injury.

The City’s costs associated with implementation and operation of the SSC Systems above and beyond the costs for which BLS provides invoices (for example, City personnel time).

A racial and economic equity impact analysis, developed in collaboration with local racial justice and economic equity stakeholder groups.

TRAINING

33. The City will determine what training is required as part of this program. BLS will make the training materials in its Scope of Work available as part of this effort.

34. The City will schedule attendees for training and set attendance rules (for example, how much class can a participant miss before that participant is considered not to have completed the training?).

GENERAL

35. Certain items specified in BLS’s proposal require BLS to develop customized processes in NewGuard in order to comply with SB 1297. Malibu will assist BLS in identifying and communicating with third parties to answer questions, review prototypes, and provide other input necessary for BLS to develop such NewGuard configurations in a timely fashion. If BLS’s ability to complete the configurations is materially impacted by delays in obtaining necessary third-party input despite BLS’s best efforts, City and BLS shall meet and confer in good faith to adjust applicable schedules.

36. Additional specifications or City requests not included in this Scope of Work will be priced for and approved via a change request.

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CRIMINAL JUSTICE INFORMATION SYSTEM (CJIS) ACCESS

37. City and BLS acknowledge that certain Services may require access to the Criminal Justice Information System (CJIS) subject to approval by the City’s contracted law enforcement agency, including the Los Angeles County Sheriff's Department. The City shall reasonably cooperate in facilitating BLS’s coordination with such agency regarding any required CJIS Security Addendum or related approvals. The parties shall work together to obtain these approvals since citations cannot be issued without them.

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EXHIBIT B

COMPENSATION SCHEDULE

PCH SPEED SAFETY CAMERAS SYSTEM
Description Qty Unit Year One Year Two Year Three Year Four Year Five Software Solutions
Software Solution Licenses 7 Users Included Included Included Included Included E-commerce Web Portal(s) 1 LS Included Included Included Included Included Cashiering Support 1 LS Included Included Included Included Included Hardware Solution
Speed Safety Cameras, data storage,
and related infrastructure
10 Locations $440,400 $440,400 $440,400 $440,400 $440,400 Installation, maintenance and training 10 Locations Included Included Included Included Included Document Production and Mailing Services*
Outgoing document production 1 LS $2,361,365 $2,361,365 $2,361,365 $2,361,365 $2,361,365 Incoming correspondence 1 LS Included Included Included Included Included Payment processing 1 LS Included Included Included Included Included Accounts receivable, receivable,
revenue and payment tracking
1 LS Included Included Included Included Included
Total $2,801,751 $2,801,751 $2,801,751 $2,801,751 $2,801,751 Total Monthly $233,480 $233,480 $233,480 $233,480 $233,480 *The pricing for Document Production and Mailing Services includes the labor and services required for BLS to conduct initial quality assurance on speed violation events captured by SSC Systems. The pricing reflects the cost to process up to 20,000 of such quality-assured events (QA-events) per month for City review. The City reviews QA-events and determines if an event sufficiently evidences a speed violation and supports issuance of a Docusign Envelope ID: 0959C07E-77A9-4731-84B7-AF8612770467 Agreement for Professional Services
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Notice of Violation. Because City reviewers may and likely will void events at their discretion, the number of QA-events will likely exceed the number of Notices of Violation approved by the City. The City alone determines when to issue Notices of Violation pursuant to the Speed Safety Camera System Pilot Program and BLS is entitled to receive the amounts listed in the Compensation Schedule regardless of the number of Notices of Violation issued by the City. If the QA-events submitted for City review in a month exceeds 20,000, the City will be charged at a fixed fee amount of $35,000 for each additional block of 5,000 QA-events.

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EXHIBIT C

INSURANCE LANGUAGE
Without limiting Consultant’s indemnification of City, and prior to commencement of work and/or services under this Agreement, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.

General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended.

Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident.

Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).

Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

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

Should Consultant obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or Docusign Envelope ID: 0959C07E-77A9-4731-84B7-AF8612770467 H-4
policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.

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

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

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

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

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

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

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

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 Docusign Envelope ID: 0959C07E-77A9-4731-84B7-AF8612770467 H-4
any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the City immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.

Additional Insured Status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

Prohibition Of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

Separation of Insureds. A severability of interests’ provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s Subcontractor cannot comply with this requirement, which proof must be submitted to the City, Consultant may still be able to utilize the Subcontractor provided Consultant shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than 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 Docusign Envelope ID: 0959C07E-77A9-4731-84B7-AF8612770467 H-4
subcontractors. This provision is intended solely to provide Consultant with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this Agreement given the limited scope of work or services provided by the subcontractor. Consultant agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to City for review.

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

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

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

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

Docusign Envelope ID: 0959C07E-77A9-4731-84B7-AF8612770467

Malibu City CouncilApril 27, 2026

Malibu City Council
April 27, 2026