Agenda packet, first session — Malibu City Council, June 22, 2026 (part 2 of 4)

Agenda Item # 1.B.5.

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: June 4, 2026 Meeting date: June 22, 2026 Subject: Direct Review of the City’s Conflict of Interest Code RECOMMENDED ACTION: Direct the City Manager to have staff review the City’s Conflict of Interest Code per Gov. Code 87306.5. and, if a change is necessary, file the Biennial Notice by October 1, 2026, and submit an amended Conflict of Interest Code to the Council for review before December 30, 2026.

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

STRATEGIC PLAN IMPLEMENTATION: N/A.

DISCUSSION: Pursuant to the Political Reform Act, the City adopted a Conflict of Interest Code which consists of standard provisions contained in Section 18730 of Title 2 of the California Code of Regulations, as amended. The Code also designates City officials, officers, employees, and consultants who make or participate in making governmental decisions which may affect their financial interests, who must disclose those interests in certain financial disclosure statements.

The Political Reform Act requires the City Council, as the code reviewing body, to direct staff to review the Code by July 1 of each even-numbered year. Staff must then submit a biennial notice to Council by October 1 indicating whether amendments are needed. If so, the amended Code will be presented to Council for approval by resolution.

ATTACHMENTS: None.

City Council Meeting
06-22-26
Item

1.B.5.

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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: Rob DuBoux, Assistant City Manager
Approved by: Joseph D. Irvin, City Manager
Date prepared: June 3, 2026 Meeting date: June 22, 2026 Subject: Letter of Support for Los Angeles County Supervisorial District 3 Proposition 4 Grant Funding Requests for Climate and Water Resilience Projects
RECOMMENDED ACTION: Authorize the Mayor to sign a Letter of Support for Los Angeles County Supervisorial District 3’s Proposition 4 grant funding requests for climate and water resilience projects that benefit the Malibu community and surrounding region.

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

STRATEGIC PLAN IMPLEMENTATION: This item supports the City’s 2025-2028 Strategic Plan Goal 3: Advance Infrastructure Resilience and Strategic Plan Goal 4:

Improve Public Safety
Goal 3: Advance Infrastructure Resilience
Objective 3.1: Develop and fund a comprehensive Infrastructure Resilience Plan Emergency Evacuation: Increase alert warning, and evacuation capabilities.

Strategy: Supporting Los Angeles County Supervisorial District 3’s Proposition 4 funding requests would advance regional and local infrastructure resilience by supporting potential State funding for Waterworks District 29 capital improvements, including water reliability and fire flow capacity, and for the Zuma and Point Dume Living Shorelines Coastal Resiliency and Habitat Project, which would use nature-based solutions to protect coastal resources, infrastructure, habitat, and erosion,
Goal 4: Improve Public Safety
Objective 4.2: Increase Wildfire Resiliency.

Strategy: Supporting the Proposition 4 funding requests for Strategic Fuel Reduction and Wildfire Resilience Projects and the Biological Brush Clearance and Grazing Program City Council Meeting
06-22-26
Item

1.B.6.

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Agenda Item # 1.B.6.
would further the City’s wildfire resiliency goals by supporting regional fuel reduction, vegetation management, and wildfire risk reduction efforts in Malibu, the Santa Monica Mountains, and surrounding Wildland-Urban Interface areas. These efforts would help protect communities, open space, critical infrastructure, and evacuation corridors in high fire risk areas.

DISCUSSION: Los Angeles County Supervisor Lindsey P. Horvath, Third District, has requested the City of Malibu’s support for several Proposition 4 funding requests being pursued through the 2026–27 State Budget process. Proposition 4 funding may support eligible projects related to climate resilience, wildfire preparedness, water reliability, coastal protection, biodiversity, habitat restoration, and outdoor access.

Supervisor Horvath’s May 19, 2026 letter to the State Legislature identifies several priority projects within Los Angeles County Supervisorial District 3. The County has requested that the City provide a letter of support for the listed projects, with the exception of the Home Hardening and Defensible Space Program, which has been completed and is therefore not included in the requested City support. The Rory M. Shaw Wetlands Park project and Marine Mammal Care Center Los Angeles project are also not included in the City’s proposed letter of support because they are not located within the Malibu area.

The remaining projects have a direct nexus to Malibu, Topanga, the Santa Monica Mountains, and nearby coastal areas. They include wildfire resilience work in the Santa Monica Mountains, biological brush clearance and grazing, improvements to Los Angeles County Waterworks District 29, and coastal resiliency work at Zuma and Point Dume.

The projects proposed for City support are summarized below.

Strategic Fuel Reduction and Wildfire Resilience Projects — $15 Million This request would support long-term strategic fuel reduction efforts led by the Mountains Recreation and Conservation Authority across Malibu, Calabasas, and surrounding Wildland-Urban Interface areas in the Santa Monica Mountains. The proposed work includes approximately 647 acres of current and planned treatments, including targeted grazing, mastication, manual and mechanical thinning, prescribed fire and pile burning, environmental compliance, and recurring maintenance. These efforts would help protect communities, open space, habitat areas, and evacuation corridors in high fire risk areas.

Biological Brush Clearance and Grazing Program — $3.85 Million This request would support a Los Angeles County Fire Department biological brush clearance program using targeted grazing and vegetation management across approximately 350 acres annually in high-risk Wildland-Urban Interface areas. The program would reduce wildfire fuel loads, help protect critical infrastructure and communities, and support ecologically sensitive vegetation management practices.

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Agenda Item # 1.B.6.

LA County Waterworks District 29 Capital Plan — $90 Million This request would support modernization of Los Angeles County Waterworks District 29, which provides potable water service and firefighting capacity to Malibu and Topanga. The District serves approximately 22,000 residents and has experienced repeated wildfire impacts, including the Palisades, Woolsey, and Franklin Fires. The proposed funding would help advance a capital improvement plan to upgrade aging infrastructure, enhance fire flow capacity, and improve system reliability in response to wildfire, climate, and seismic risks. This project has a direct connection to Malibu’s public safety, water reliability, and emergency response needs.

Zuma and Point Dume Living Shorelines Coastal Resiliency and Habitat Project — $45 Million
This request would support a nature-based coastal resilience project at Zuma and Point Dume. The project would restore beach width and establish living shorelines using native dune systems to reduce erosion, buffer storm impacts, and enhance habitat for sensitive species. Zuma and Point Dume are major public coastal resources, and the project would help protect beach access, public infrastructure, and coastal habitat from sea level rise and increasingly severe storm events.

Marine Mammal Care Center Los Angeles — $15 Million
This request would support expansion and modernization of the Marine Mammal Care Center Los Angeles, the region’s primary facility for the rescue, rehabilitation, and release of stranded marine mammals. The facility serves more than 75 miles of coastline and provides an important regional coastal and marine wildlife response function. The proposed investment would improve emergency response capacity, animal care, and protection of coastal ecosystems.

Staff recommends that the City Council authorize the Mayor to sign a letter of support for these Proposition 4 funding requests. The projects are consistent with the City’s interests in wildfire resilience, water reliability, emergency preparedness, coastal protection, habitat restoration, and regional climate adaptation. The recommended action would express the City’s support for the County’s funding requests and would not commit to City funding or require City implementation responsibilities.

ATTACHMENTS:
1) May 19, 2026 Letter from Supervisor Lindsey P. Horvath Regarding Proposition 4 Funding for Los Angeles County Supervisorial District 3 Climate and Water Resilience Projects
2) Letter of Support for Los Angeles County Supervisorial District 3 Proposition 4 Funding Requests for Climate, Wildfire, Water, and Coastal Resilience Projects May 19, 2026
The Honorable John Laird
Chair, Senate Budget Committee
1021 O Street, Suite 8720
Sacramento, CA 95814
The Honorable Eloise Gómez Reyes
Chair, Sen. Budget Subcommittee #2
1021 O Street, Suite 7210
Sacramento, CA 95814
The Honorable Jesse Gabriel
Chair, Assembly Budget Committee
1021 O Street, Suite 8230
Sacramento, CA 95814
The Honorable Steve Bennett
Chair, Asm. Budget Subcommittee #4
1021 O Street, Suite 4710
Sacramento, CA 95814
RE: Request for Proposition 4 Funding for Los Angeles County Supervisorial District 3 Climate and Water Resilience Projects
Dear Chair Laird, Chair Gabriel, Chair Gómez Reyes, and Chair Bennett:

I am writing to respectfully request increased funding in the 2026–27 State Budget for Proposition 4 eligible programs, while also advocating for support for several high-priority projects that could be accelerated through these investments. Collectively, these projects represent strategic, multi-benefit investments that advance California’s goals related to climate resilience, wildfire preparedness, water reliability, biodiversity, coastal protection, and equitable access to natural resources, while helping communities address urgent and evolving climate-related challenges.

Home Hardening and Defensible Space Program — $20 Million Los Angeles County’s Internal Services Department and Office of Emergency Management are working with the Governor’s Office of Emergency Services (Cal OES) to pursue a FEMA Building Resilient Infrastructure and Communities (BRIC) grant to help protect homeowners in communities near the Palisades Fire impact area within the Santa Monica Mountains. Given uncertainty surrounding the availability and timing of federal wildfire resilience funding, State support is critical to help vulnerable communities recovering from the Palisades Fire implement urgently needed mitigation measures. Funding would support home hardening improvements for approximately 340 properties, including fire-resistant windows, ember-resistant vents, fireresistant roofing and siding, and defensible space vegetation management. This proposal represents a proactive investment in wildfire mitigation and climate adaptation that would reduce structure loss, improve community resilience, and lessen long-term disaster recovery costs. The project is strongly aligned with Proposition 4’s Wildfire Mitigation Grant Program Attachment 1
2 administered by Cal OES, as well as CAL FIRE’s Wildfire Prevention Grant Program, both of which support structure hardening, defensible space, and wildfire resilience investments in vulnerable communities and high fire severity zones.

Strategic Fuel Reduction and Wildfire Resilience Projects — $15 Million I also respectfully request $15 million to support long-term strategic fuel reduction efforts led by the Mountains Recreation and Conservation Authority (MRCA) across Malibu, Calabasas, and surrounding Wildland-Urban Interface areas in the Santa Monica Mountains. Current and planned treatment efforts encompass approximately 647 acres and include targeted goat grazing, mastication, manual and mechanical thinning, prescribed fire and pile burning, herbivory treatments, environmental compliance activities, and recurring maintenance necessary to sustain defensible fuel conditions. These investments would help protect communities, habitat areas, open space, and critical evacuation corridors while advancing science-based, nature-based wildfire resilience strategies. Given current Southern California wildfire mitigation costs and ongoing maintenance needs, the requested funding represents a realistic long-term investment in regional wildfire preparedness and ecosystem resilience. This request aligns closely with Proposition 4’s Santa Monica Mountains Conservancy Wildfire Resiliency, Watershed Protection, and Workforce Development Program, as well as Regional Fire Prevention and Forest Health and the State Coastal Conservancy Wildfire Resilience Program, all of which support landscape-scale fuel reduction, habitat protection, and community wildfire preparedness in high fire severity areas.

Biological Brush Clearance and Grazing Program — $3.85 Million To reduce wildfire fuel loads and protect critical infrastructure and communities, the Los Angeles County Fire Department proposes a long-term Biological Brush Clearance Program utilizing targeted grazing and vegetation management across approximately 350 acres annually within high-risk Wildland-Urban Interface areas. Priority treatment areas include Crummer Canyon, the 5 and 14 Freeway corridors, La Crescenta foothills, Tonner Canyon, Helispot 69 Bravo, and the Santa Maria Road/Dirt Mulholland corridor. This effort would improve fuel continuity management while enhancing ecological health and biodiversity within sensitive habitat areas. The proposal is well aligned with Proposition 4’s Regional Fire Prevention and Forest Health Program and CAL FIRE’s Wildfire Prevention Grant Program, both of which support hazardous fuels reduction and landscape-scale wildfire prevention activities.

It also advances the goals of the State Coastal Conservancy Wildfire Resilience Program by reducing catastrophic wildfire risk in communities adjacent to wildlands.

Rory M. Shaw Wetlands Park — $118.6 Million
I respectfully request $118.6 million to advance the Rory M. Shaw Wetlands Park in Sun Valley, a transformative, once-in-a-generation project that will convert a former landfill into a multi-benefit regional wetlands park. This project will deliver significant flood risk reduction, stormwater capture and reuse, habitat restoration, and new recreational opportunities in a park-poor community. With $207 million already secured across local, state, and federal sources, the project is well-positioned to move forward and reflects years of planning and partnership. Upon completion, the park will serve as a model for nature-based solutions that 3 integrate water management, climate adaptation, and community investment in disadvantaged areas. This project is strongly aligned with several Proposition 4 funding categories, particularly Safe Drinking Water, Drought, Flood, and Water Resilience investments, including urban stormwater management, flood control subventions, and wetland habitat restoration. Its multi-benefit design also advances the State’s Biodiversity and Nature-Based Solutions goals through habitat restoration and supports Park Creation and Outdoor Access priorities by expanding recreational opportunities in a disadvantaged, park-poor community.

LA County Waterworks District 29 (Malibu and Topanga) — $90 Million To strengthen water reliability and wildfire resilience in Malibu and Topanga, I request $90 million to modernize Waterworks District 29, which provides essential potable water and firefighting capacity to approximately 22,000 residents. These communities have experienced repeated wildfire impacts, including the Palisades, Woolsey, and Franklin Fires, underscoring the critical importance of resilient water infrastructure. A comprehensive $250 million capital improvement plan has been developed to upgrade aging infrastructure, enhance fire flow capacity, and improve system reliability in the face of climate and seismic risks. State investment will accelerate implementation, leverage local and federal funding, and ensure these high-risk communities are better prepared for future emergencies. This request is well suited for Proposition 4’s Safe Drinking Water, Drought, Flood, and Water Resilience funding categories, particularly State Water Resources Control Board investments for water quality and safe drinking water, as well as water storage and system reliability improvements. Modernizing this system will strengthen both everyday water service and emergency wildfire response capacity, directly advancing the State’s climate resilience and public safety priorities.

Zuma and Point Dume Living Shorelines Coastal Resiliency and Habitat Project — $45 million
I respectfully request $45 million to support the Zuma and Point Dume Living Shorelines Project, an innovative, nature-based approach to coastal resilience. These beaches are among the most heavily visited in California and serve as a critical recreational resource, particularly for inland Los Angeles County communities facing extreme heat. Sea level rise and increasingly severe storm events have accelerated coastal erosion, threatening public infrastructure and natural habitats. This project will restore beach width and establish living shorelines using native plant dune systems to reduce erosion, buffer storm surge, and enhance habitat for sensitive species. Building on ongoing pilot efforts and prior County investments, this project represents a scalable, science-driven solution aligned with the State’s coastal resilience and biodiversity goals. This project is closely aligned with Proposition 4’s Coastal Resilience investments, including shoreline protection, flood management for developed coastlines, and ocean and coastal resilience programs. It also supports Biodiversity and Nature-Based Solutions through habitat restoration for sensitive species and advances Park Creation and Outdoor Access priorities by protecting one of Southern California’s most heavily used public coastal resources for future generations.
4 Marine Mammal Care Center Los Angeles — $15 Million
I respectfully request a one-time $15 million investment to support the expansion and modernization of the Marine Mammal Care Center Los Angeles (MMCC), the region’s primary facility for the rescue, rehabilitation, and release of stranded marine mammals. Serving more than 75 miles of coastline, MMCC has treated over 10,000 animals since 1992 and plays a critical role in safeguarding ocean health. In recent years, marine mammal strandings have increased in both frequency and severity, driven in part by warming ocean conditions and harmful algal blooms. These events underscore the growing intersection between climate change and wildlife health. MMCC’s existing facility, originally constructed in 1989, is no longer sufficient to meet current and projected demand. This investment will expand emergency response capacity, improve animal care, and strengthen the State’s ability to respond to marine wildlife crises while protecting coastal ecosystems and public safety. This project aligns with the fish and wildlife resources and habitats category administered by the Wildlife Conservation Board.

Taken together, these projects exemplify the type of forward-looking, multi-benefit investments envisioned under Proposition 4 and demonstrate the importance of sustained funding for eligible programs that support wildfire resilience, water reliability, coastal protection, biodiversity, habitat restoration, and equitable access to outdoor spaces. Increased investment in these programs will help accelerate critical projects in Los Angeles County Supervisorial District 3 and better prepare vulnerable communities for the growing impacts of climate change.

I respectfully urge your support for increased Proposition 4 funding allocations in the 2026–27 State Budget, as well as for the specific project requests outlined above. Thank you for your leadership and continued partnership in advancing California’s climate and environmental priorities.

Sincerely,
Lindsey P. Horvath
Supervisor, Third District
Los Angeles County Board of Supervisors
City of Malibu
23815 Stuart Ranch Road ♦ Malibu, California ♦ 90265-4861 Phone (310) 456-2489 ♦ Fax (310) 317-0950 ♦ www.ci.malibu.ca.us June 22, 2026
The Honorable John Laird
Chair, Senate Budget Committee
1021 O Street, Suite 8720
Sacramento, CA 95814
The Honorable Jesse Gabriel
Chair, Assembly Budget Committee
1021 O Street, Suite 8230
Sacramento, CA 95814
The Honorable Eloise Gómez Reyes
Chair, Senate Budget Subcommittee #2
1021 O Street, Suite 7210
Sacramento, CA 95814
The Honorable Steve Bennett
Chair, Assembly Budget Subcommittee #4
1021 O Street, Suite 4710
Sacramento, CA 95814
RE: Letter of Support for Selected Proposition 4 Funding Requests for Los Angeles County Supervisorial District 3 Climate, Wildfire, Water, and Coastal Resilience Projects Dear Chair Laird, Chair Gabriel, Chair Gómez Reyes, and Chair Bennett:

As Mayor of the City of Malibu, I submit this Letter of Support for selected Los Angeles County Supervisorial District 3 Proposition 4 funding requests that would strengthen wildfire resilience, water reliability, emergency preparedness, coastal protection, and climate adaptation in Malibu, Topanga, the Santa Monica Mountains, and nearby coastal areas.

Malibu and surrounding Santa Monica Mountains communities face recurring wildfire, water infrastructure, coastal erosion, sea level rise, and climate-related risks. These hazards affect public safety, evacuation corridors, emergency response, water service reliability, coastal access, public infrastructure, open space, and sensitive habitat. Strategic State investment through Proposition 4 would help advance projects that reduce these risks and improve longterm regional resilience.

The City of Malibu strongly supports the following selected funding requests:

Strategic Fuel Reduction and Wildfire Resilience Projects — $15 Million This request would support long-term strategic fuel reduction efforts led by the Mountains Recreation and Conservation Authority across Malibu, Calabasas, and surrounding WildlandUrban Interface areas in the Santa Monica Mountains. The work would include targeted grazing, mastication, manual and mechanical thinning, prescribed fire and pile burning, environmental compliance, and recurring maintenance. These treatments would reduce wildfire risk, protect open space and habitat areas, and improve the resilience of communities and evacuation corridors in high fire risk areas.

Attachment 2
2 Recycled Paper
Biological Brush Clearance and Grazing Program — $3.85 Million This request would support a Los Angeles County Fire Department biological brush clearance program using targeted grazing and vegetation management in high-risk Wildland-Urban Interface areas. The program would reduce hazardous fuel loads, help protect critical infrastructure and nearby communities, and support ecologically sensitive vegetation management practices.

LA County Waterworks District 29 Capital Plan — $90 Million This request would support modernization of Los Angeles County Waterworks District 29, which provides potable water service and firefighting capacity to Malibu and Topanga. The District serves approximately 22,000 residents and is essential to both daily water reliability and emergency wildfire response. Funding would help advance needed capital improvements to upgrade aging infrastructure, enhance fire flow capacity, and improve system reliability in response to wildfire, climate, and seismic risks.

Zuma and Point Dume Living Shorelines Coastal Resiliency and Habitat Project — $45 Million
This request would support a nature-based coastal resilience project at Zuma and Point Dume.

The project would restore beach width and establish living shorelines using native dune systems to reduce erosion, buffer storm impacts, and enhance habitat for sensitive species.

Zuma and Point Dume are major public coastal resources, and this project would help protect beach access, public infrastructure, coastal habitat, and recreational opportunities from sea level rise and increasingly severe storm events.

These projects are strongly aligned with Malibu’s priorities related to wildfire resilience, emergency preparedness, water reliability, coastal protection, habitat restoration, and regional climate adaptation. They also reflect the importance of coordinated investment by local, county, and state partners to address hazards that extend beyond jurisdictional boundaries.

For these reasons, the Malibu City Council fully supports these selected Proposition 4 funding requests and respectfully urges favorable consideration of the identified projects.

Should you require additional information, please do not hesitate to contact Joseph D. Irvin, City Manager, at 310-456-2489, x226.

Respectfully submitted,
Bruce Silverstein, Mayor
City of Malibu
3 Recycled Paper
cc:

Joe Irvin, City Manager
Christopher Smith, Assistant City Manager
Rob DuBoux, Assistant City Manager
Susan Duenas, Public Safety Director
Yolanda Bundy, Community Development Director
Tatiana Holden, Assistant Public Works Director

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Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Yolanda Bundy, Community Development Director Approved by: Joseph D. Irvin, City Manager
Date prepared: June 3, 2026 Meeting date: June 22, 2026 Subject: Amendments to Agreements to Provide Plan Check Consulting Services
RECOMMENDED ACTION: 1) Authorize the Mayor to execute Amendment No. 1 to Agreement with True North Compliance Services, Inc.; and 2) Authorize the Mayor to execute Amendment No. 2 to Agreement with Bureau Veritas North America, Inc.

FISCAL IMPACT: All building plan check fees are established in the City’s adopted Fee Schedule and are collected by the City as part of the standard permit review process.

There are no additional surcharges or fees charged to applicants when consultant plan check services are utilized.

Under the proposed agreement, the consultant is compensated through a fixed percentage of the applicable plan check fees collected by the City, based on the scope and type of plan review performed. These percentages are established in the agreement’s fee schedule and are consistent with the compensation structure used in the City’s other building plan check consultant agreements. The City retains the remaining portion of the collected fees to support the administrative and operational functions required to process and manage building permits and plan check reviews.

Funding for these services is included in the Proposed Budget for Fiscal Year 2026-27 in Account No. 101-2004-5100 (Building Safety Professional Services) City Council Meeting
06-22-26
Item

1.B.7.

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STRATEGIC PLAN IMPLEMENTATION:

Goal 1: Support Community Rebuilding and Long-Term Recovery Objective 1.1: Accelerate and simplify the rebuilding of $1.6 billion in destroyed properties.

Strategy: Build Measurable Milestones and Accountability Structures DISCUSSION: The Community Development Department utilizes consulting firms to provide specialized services such as building plan check and grading and drainage plan check as well as expedited services for wildfire recovery. The item before the Council are amendments to agreements for two consultant firms to provide plan check services for regular operations and the Woolsey Fire recovery. At this time, the amendments are required to establish a fixed expiration date for the Bureau Veritas agreement and extend the term of the True North agreement, and to modify the fee schedules.

Agreements for the Palisades Fire recovery were considered under separate agreements in 2025.

The two amendments before the Council were previously obtained through the City’s procurement process through the Request for Proposal / Qualifications process in 2018 and in 2024.

Bureau Veritas - On December 13, 2018, a Request for Qualifications (RFQ) was published for a full range of permitting services related to rebuilding properties damaged or destroyed in the Woolsey Fire. The RFQ required applicants to clearly identify the firm’s capabilities and experience in providing these requested services. On January 28, 2019, the City entered into an Agreement with California Code Check for plan check services related to the Woolsey Fire Recovery Project. Unlike other agreements, the term of the agreement was for the duration of the Woolsey Fire Recovery project and did not include a fixed expiration date. When this company was acquired by Bureau Veritas, the City determined that transferring the Agreement to Bureau Veritas was in the public interest and consistent with the purposes of the Agreement. As a result, on September 11, 2023, the Council adopted an Assignment of Agreement. On November 12, 2024, Council approved Amendment 1 to include a modified scope of work to include plan reviews of non-Woolsey projects. As the secondary consulting firm, Bureau Veritas has provided overflow plan review services to maintain a ten-day turnaround time for projects, as well as provide inspection services and in-house counter services for plan check.

True North - On March 4, 2024, an RFP for a contract consultant for Plan Check Consulting Services was distributed. Each firm’s interview presentation and RFP package were evaluated, and the ability to meet the criteria listed in the RFP determined a selection. On May 28, 2024, the City entered into a two-year agreement with True North to serve as the primary consulting firm to provide plan check services. This agreement is set to expire on June 30, 2026.

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Given the current focus on Malibu’s recovery from the Franklin and Palisades fires, staff recommends postponing the RFP process. Staff is requesting additional time to issue the RFP to evaluate the scope of services and fee schedules for contract services to optimize service delivery and reduce passthrough costs to applicants where feasible, while also evaluating opportunities to shift work in-house and reducing reliance on contract services where staff capacity allows. In addition, staff will develop metrics to ensure that reviews are conducted promptly. Staff anticipate issuing an RFP within the next year to solicit qualified vendors for these services.

It is recommended that the City Council authorize the Mayor to establish a fixed term for the Bureau Veritas agreement, with an expiration date of June 30, 2028 and to extend the term of the True North agreement, such that the agreement will expire on June 30, 2028, and modify the schedule of fees for both agreements.

ATTACHMENTS:

1. Amendment No. 1 to Agreement with True North Compliance Services, Inc.

2. Amendment No. 2 to Agreement with Bureau Veritas North America, Inc.

Updated 4/27/2026
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT (the “Amendment” is made and entered in the City of Malibu on June 22, 2026, by and between the City of Malibu, a municipal corporation, hereinafter referred to as City, and True North Compliance Services, Inc., a California corporation, hereinafter referred to as Consultant. City and Consultant are herein collectively referred to as “Parties” and separately as a “Party”.

The city and the Consultant agree as follows:

R E C I T A L S
A. On May 28, 2024, the City entered into a Professional Services Agreement with Consultant for plan check consulting services (the “Agreement”).

B. The Parties desires to amend the Agreement to extend the Term of the Agreement, such that the contract will now expire on June 30, 2028, and to update the hourly rate of Professional Staff, and Consultant has submitted a proposal for this purpose that is acceptable to the City.

NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Section 2.0 of the Agreement (Term of Agreement), is hereby extended to June 30, 2028.

2. Section 4.0 of the Agreement (Compensation for Services), is hereby amended as set forth in Exhibit A attached hereto. This change fully replaces Exhibit B from the original agreement.

3. Incorporation of Exhibits. All exhibits attached to this Amendment are hereby incorporated into the Agreement by this reference. To the extent there is any conflict between an exhibit attached to this Amendment and the exhibits attached to the original Agreement, the exhibits attached to this Amendment shall control.

4. Authority to Execute. Each person executing this Amendment represents and warrants that they are duly authorized to execute this Amendment on behalf of the Party for whom they are signing and to bind that Party to the terms herein.

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

6. All terms and conditions of the Agreement not amended by this Amendment remain in full force and effect.

7. The effective date of this Amendment is June 22, 2026.

This Amendment is executed on ______________________,.

Docusign Envelope ID: B813D6EB-8E86-8C58-83CD-480E19968E37 Attachment 1 Amendment No. 1 to Agreement
True North Compliance Services, Inc., a California corporation

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_____________________
255-2
CITY OF MALIBU, a municipal corporation:
____________________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
____________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM: TRUE NORTH COMPLIANCE SERVICES,
INC., a California corporation
____________________________________ By: _________________________________ TREVOR RUSIN, Interim City Attorney Name: ISAM HASENIN
Title: President
Docusign Envelope ID: B813D6EB-8E86-8C58-83CD-480E19968E37 Amendment No. 1 to Agreement
True North Compliance Services, Inc., a California corporation

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_____________________
255-3
Exhibit A
Compensation for Services
The City shall compensate the Consultant for services performed and costs incurred under this Agreement in accordance with the fee and cost schedule. No additional compensation shall be paid for any other expenses unless such expenses are approved in advance in writing by the City Manager or the City Manager’s designee.

The Consultant shall not commence any work for the City of Malibu until written authorization has been provided by the Community Development Director or the Director’s designee. Consultant shall submit itemized invoices identifying the specific tasks performed, corresponding hours, and associated costs for each billing period.

Percentage Fee Services
Percentage-based fees shall include one (1) initial plan review and two (2) subsequent rechecks, for a total of three (3) reviews. Any additional rechecks beyond the third review shall be billed at the Consultant’s applicable hourly rates, provided that the Consultant gives prior notification to City staff before incurring such charges. Daily courier services are included in the percentage fee.

Consultant compensation shall be calculated as a percentage of the total plan check fee established by the City Council’s adopted fee schedule. Under the current fee distribution, sixty-five percent (65%) of the total plan check fee shall be paid to the Consultant, and thirty-five percent (35%) shall be retained by the City.

Plan Check Services Percentage
Complete Plan Review 65% of City’s collected fees
Structural Only Plan Review 35% of City’s collected fees Electrical, Plumbing, or Mechanical Plan Review 65% of City’s collected fees Grading, Drainage and Erosion Control Plan Review 65% of City’s collected fees Onsite Wastewater Treatment System Plan Review 65% of City’s collected fees Review for Changes to Previously Approved Plans See below hourly rates Review After Three (3) Checks (prior approval required) See below hourly rates Plan Check Engineer $130.00 per hour
Certified Plans Examiner I $100.00 per hour
Certified Plans Examiner II $110.00 per hour
Certified Accessibility Specialist $125.00 per hour
Inspector I / II $90.00 / $100.00 per hour
Senior Building Inspector $115.00 per hour
Training / Presentations / Staff Requested Meetings $140.00 per hour Docusign Envelope ID: B813D6EB-8E86-8C58-83CD-480E19968E37 Amendment No. 1 to Agreement
True North Compliance Services, Inc., a California corporation

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_____________________
255-4
Hourly Rates
All rates shall include overhead costs including, but not limited to salaries, benefits, insurance, office expenses, mileage, and courier service. If staff substitutions are necessary, or if staff is promoted to a different title, the original rates listed above will still apply.

Position Hourly Rate
Interim Certified Building Official $155.00
Plan Review Engineer $130.00
Senior Structural Engineer $145.00
Licensed Fire Protection Engineer $135.00
Certified Plans Examiner I $100.00
Certified Plans Examiner II $110.00
Building/Housing Inspector I $100.00
Building/Housing Inspector II $110.00
Senior Building/Housing Inspector $125.00
CASp Plan Reviewer/Inspector $125.00
Fire Plan Reviewer/Inspector $120.00
Permit Technician I $70.00
Permit Technician II $80.00
Non-Billable Administrative Overhead
The Consultant will bill only for time spent performing assigned professional work. All other activities associated with carrying out the contract are not billable and are therefore considered overhead or administrative functions contained within the hourly rate. Typical examples of non-billable overhead activities are:
• Discussion with staff or applicant about the cost of services or to address billing disputes. • Meetings to discuss work performance, contract, or additional services. • Travel time to and from the City of Malibu.
• Preparation of invoices and other administrative clerical services. • Contract administration, such as preparing or discussing contract amendments. • Time spent resolving errors in the event the Consultant is responsible.

Docusign Envelope ID: B813D6EB-8E86-8C58-83CD-480E19968E37 Updated 4/27/2026
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT
THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT (the “Amendment” is made and entered in the City of Malibu on June 22, 2026, by and between the City of Malibu, a municipal corporation, hereinafter referred to as City, and Bureau Veritas North America, Inc., a Delaware corporation, hereinafter referred to as Consultant. City and Consultant are herein collectively referred to as “Parties” and separately as a “Party”.

The city and the Consultant agree as follows:

R E C I T A L S
A. On January 28, 2019, the City entered into a Professional Servies Agreement with Consultant for plan check consulting services related to the Woolsey Fire Recovery Project (the “Agreement”).

B. On September 11, 2023, the City approved the Assignment of the Agreement to Consultant.

C. On November 12, 2024, the City approved Amendment 1 to the Agreement to increase the scope of work to include non-Woolsey Fire Project services.

D. The Parties desires to amend the Agreement to extend the Term of the Agreement, such that the contract will now expire on June 30, 2028, and to update the hourly rate of Professional Staff, and Consultant has submitted a proposal for this purpose that is acceptable to the City.

1. Section 2.0 of the Agreement (Term of Agreement), is hereby extended to June 30, 2028.

2. Section 4.0 of the Agreement (Compensation for Services), is hereby amended as set forth in Exhibit A attached hereto. This change fully replaces Exhibit B from the original agreement.

Docusign Envelope ID: 7BE38E21-53CE-8283-828E-2442A67A7C8D Attachment 2
Amendment No. 2 to Agreement
Bureau Veritas North America, Inc., a Delaware corporation

Page 2 of 4 ends

_____________________
255-2

6. All terms and conditions of the Agreement not amended by this Amendment remain in full force and effect.

7. The effective date of this Amendment is June 22, 2026.

This Amendment is executed on ______________________,.

CITY OF MALIBU, a municipal corporation:
____________________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
____________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM: BUREAU VERITAS NORTH AMERICA,
INC., a Delaware corporation
____________________________________ By: _________________________________ TREVOR RUSIN, Interim City Attorney Name: CRAIG BAPTISTA Title: Vice President – West, Plan Check &
Inspection
Docusign Envelope ID: 7BE38E21-53CE-8283-828E-2442A67A7C8D Amendment No. 2 to Agreement
Bureau Veritas North America, Inc., a Delaware corporation

Page 3 of 4 ends

Plan Check Services Percentage
Complete Plan Review 65% of City’s collected fees
Structural Only Plan Review 35% of City’s collected fees Electrical, Plumbing, or Mechanical Plan Review 65% of City’s collected fees Grading, Drainage and Erosion Control Plan Review 65% of City’s collected fees Onsite Wastewater Treatment System Plan Review 65% of City’s collected fees Review for Changes to Previously Approved Plans See below hourly rates Review After Three (3) Checks (prior approval required) See below hourly rates Hourly Rates
All rates shall include overhead costs including, but not limited to salaries, benefits, insurance, office expenses, mileage, and courier service. If staff substitutions are necessary, or if staff is promoted to a different title, the original rates listed above will still apply.

Position Hourly Rate
Plan Check Lead / Public Works Engineer /
Environmental - HSE / GIS Specialist
$149
Docusign Envelope ID: 7BE38E21-53CE-8283-828E-2442A67A7C8D Amendment No. 2 to Agreement
Bureau Veritas North America, Inc., a Delaware corporation

Page 4 of 4 ends

_____________________
255-4
Structural Engineer / Fire Protection Engineer
/ Senior Plan Review Engineer
$144
Plan Review Engineer / Senior ICC Certified
Plans Examiner / CASp Plan Reviewer
$139
Fire Plan Reviewer $129
ICC Certified Building Plans Examiner $108
ICC Certified Building Plans Examiner (In-house) / Engineering Technician $120 ICC Certified Permit Technician $85
Administrative / Clerical Support $77
Marketing & Outreach / Training / Graphic Handouts $129 CASp Inspector / ADA Scoping, Design Assessments and ROW Support $139 Fire Inspector $144
Senior Building Inspector / Combination Inspector / Code Enforcement $120 ICC Certified Building Inspector $110
Non-Billable Administrative Overhead
The Consultant will bill only for time spent performing assigned professional work. All other activities associated with carrying out the contract are not billable and are therefore considered overhead or administrative functions contained within the hourly rate. Typical examples of non-billable overhead activities are:
• Discussion with staff or applicant about the cost of services or to address billing disputes. • Meetings to discuss work performance, contract, or additional services. • Travel time to and from the City of Malibu.
• Preparation of invoices and other administrative clerical services. • Contract administration, such as preparing or discussing contract amendments. • Time spent resolving errors in the event the Consultant is responsible.

Docusign Envelope ID: 7BE38E21-53CE-8283-828E-2442A67A7C8D

Page 1 of 2 ends

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Yolanda Bundy, Community Development Director Approved by: Joseph D. Irvin, City Manager
Date prepared: June 3, 2026 Meeting date: June 22, 2026 Subject: Amendment to Agreement with Clanton Engineering, Inc. to Provide Dark Sky Consulting Services
RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 1 to Agreement with Clanton Engineering, Inc.

FISCAL IMPACT: No additional funding is being requested for this agreement at this time. Funding for these services is included in the Proposed Budget for Fiscal Year 2026-27 in Account No. 101-2004-5100 (Building Safety Professional Services).

STRATEGIC PLAN IMPLEMENTATION:

Goal 1: Support Community Rebuilding and Long-Term Recovery Objective 1.2: Modernize development policies and procedures citywide to support resilient community development.

Strategy: As needed, update General Plan and Local Coastal Program policies DISCUSSION: The item before the Council is an amendment to an agreement to extend the term and modify the scope of work to allow completion of the Dark Sky Ordinance amendments and implementation of a new lighting compliance process. To date, approximately 20% of the project has been completed. Staff is confident that the existing agreement budget of $79,955 is sufficient to complete the remaining work; therefore, no additional funding is requested at this time.

The Community Development Department utilizes consulting firms to provide specialized services such as updating the outdoor lighting ordinance to incorporate the latest 2024 Dark Sky International standards and developing a new lighting compliance process to improve workflow efficiency.

City Council Meeting
06-22-26
Item

1.B.8.

Page 2 of 2 ends

In 2024, as part of the est for Proposal (RFP) for Dark Sky consulting services Clanton Engineering was awarded an agreement on May 28, 2024. This agreement is set to expire on June 30, 2026.

Prior to the 2025 wildfires, Clanton Engineering completed 20% of the work related to Task 1, which consists of evaluating and preparing amendments to the outdoor lighting ordinance. Following the wildfires, the project was temporarily placed on hold as the City prioritized emergency response and community recovery efforts related to the natural disasters.

At this time, staff has taken the time to re-evaluate the scope of work to stay within budget. Several tasks that can be performed in-house, including public outreach activities, have been removed from the consultant’s scope of work. The remaining funding is sufficient to complete Task 1, including Planning Commission and City Council hearings (estimated Winter of 2027). The remaining funding will support completion of Task 2, which includes an evaluation of the current outdoor lighting application workflow, development of compliance forms for a prescriptive method or performance-based method, and preparation of recorded instructional material to support staff or reviewer use of the compliance forms
Therefore, staff recommends that the City Council authorize the Mayor to execute an amendment to the agreement extending the term by two years, from June 30, 2026 to June 30, 2028, and modifying the scope of work to reflect the revised project approach while remaining within budget.

ATTACHMENTS: Amendment No. 1 to Agreement with Clanton Engineering, Inc.

Updated 4/27/2026
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT (the “Amendment” is made and entered in the City of Malibu on June 22, 2026, by and between the City of Malibu, a municipal corporation, hereinafter referred to as City, and Clanton Engineering, Incorporated, a Colorado corporation, hereinafter referred to as Consultant. City and Consultant are herein collectively referred to as “Parties” and separately as a “Party”.

The city and the Consultant agree as follows:

R E C I T A L S
A. On May 28, 2024, the City entered into a Professional Services Agreement with Consultant for certain projects relating to plan check and inspections for the Malibu Dark Sky Program (the “Agreement”).

B. The Parties desires to amend the Agreement to extend the Term of the Agreement, such that the contract will now expire on June 30, 2028, to amend Exhibit A to replace in full the Scope of Work, and amend the Compensation of Services (Exhibit B) to modify the hourly personnel rates, and Consultant has submitted a proposal for this purpose that is acceptable to the City.

1. Section 1.0 of the Agreement (Scope of Work), is hereby amended as set forth in Exhibit A attached hereto. The change will fully replace Exhibit A from the original agreement, by removing tasks from it.

2. Section 2.0 of the Agreement (Term of Agreement), is hereby extended to remain in effect until June 30, 2028, unless otherwise terminated or extended as provided in the Agreement.

3. Section 4.0 of the Agreement (Compensation for Services), is hereby amended to read as follows:

4.0 COMPENSATION FOR SERVICES. The City shall pay the
Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with the Scope of Work’s fee and cost schedule (Exhibit B) and incorporated herein by reference. The cost of services shall not exceed $79,955.00 for the term of the Agreement. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager in writing.

4. The Parties agree to replace the scope of work included in Exhibit A – SCOPE OF WORK attached to the Agreement with the fee and cost schedule, attached to this Amendment No. 1 as Exhibit A - Scope of Work.

5. Incorporation of Exhibits. All exhibits attached to this Amendment are hereby incorporated into the Agreement by this reference. To the extent there is any conflict Docusign Envelope ID: 1916B181-F546-8EFE-8241-1007ABC19C6C Attachment 1
Amendment No. 1 to Agreement
Clanton Engineering, Inc., a Colorado corporation

Page 2 of 7 ends

_____________________
255-2
between an exhibit attached to this Amendment and the exhibits attached to the original Agreement, the exhibits attached to this Amendment shall control.

6. Authority to Execute. Each person executing this Amendment represents and warrants that they are duly authorized to execute this Amendment on behalf of the Party for whom they are signing and to bind that Party to the terms herein.

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

8. All terms and conditions of the Agreement not amended by this Amendment remain in full force and effect.

9. The effective date of this Amendment is June 22, 2026.

This Amendment is executed on ______________________,.

____________________________________ By: _________________________________ TREVOR RUSIN, Interim City Attorney Name: Dane Sanders
Title: President
Docusign Envelope ID: 1916B181-F546-8EFE-8241-1007ABC19C6C Amendment No. 1 to Agreement
Clanton Engineering, Inc., a Colorado corporation

Page 3 of 7 ends

_____________________
255-3
Exhibit A
Scope of Work
Task 1: Evaluation and Amendment of Existing Outdoor Lighting Ordinance Consultant will evaluate the City’s existing outdoor lighting ordinance and related development processes and prepare updates using current Dark Sky International terminology and best practices.

Since these have been updated since 2024, this will require further coordination meetings with City staff to confirm objectives and current practices for the Draft Lighting Ordinance as well as its role in other City development frameworks.

This task includes coordination with City staff and stakeholders to gather input on needed ordinance updates and implementation considerations, followed by preparation of a complete amended ordinance for City use. This task also includes guidance on how this ordinance update relates to the process of becoming a recognized DarkSky Place.

Task Elements
• Kick-Off Meeting for project re-initiation
• Confirm application of existing Outdoor Lighting Ordinance • Virtual coordination meetings to collect feedback from City staff and stakeholders • Preparation of draft ordinance amendments (up to three submittals) • Review of current DarkSky Place application process and needs for Malibu • Coordination with City staff to finalize a complete amended ordinance Deliverables
• Amended Outdoor Lighting Ordinance
• DarkSky Place Application Memorandum
Task 2: Creation of Lighting Ordinance Compliance Forms Consultant will evaluate the City’s current outdoor lighting application and review processes and develop lighting compliance forms to streamline the compliance of new or retrofitted lighting. This task focuses on improving review efficiency, and providing applicants with accessible guidance on how to achieve compliance.

The compliance forms will be structured to support a prescriptive or performance-based method of review and will be designed for City ownership and long-term use. These two methods give property owners and developers options on how to communicate their compliance to the City.

Task Elements
• Evaluation of the current outdoor lighting application workflow, including review of existing applications
• Development of compliance forms for a prescriptive method or performance-based method • Preparation of recorded instructional material to support staff or reviewer use of the compliance forms
Docusign Envelope ID: 1916B181-F546-8EFE-8241-1007ABC19C6C Amendment No. 1 to Agreement
Clanton Engineering, Inc., a Colorado corporation

Page 4 of 7 ends

_____________________
255-4
Deliverables
• Two Lighting Ordinance Compliance Forms (Prescriptive & Performance) • Recorded compliance form training materials for City staff or other reviewers Docusign Envelope ID: 1916B181-F546-8EFE-8241-1007ABC19C6C Amendment No. 1 to Agreement
Clanton Engineering, Inc., a Colorado corporation

Page 5 of 7 ends

_____________________
255-5
Exhibit B
Compensation for Services
The City shall compensate the Consultant for services performed and costs incurred under this Agreement in accordance with the fee and cost schedule. No additional compensation shall be paid for any other expenses unless such expenses are approved in advance in writing by the City Manager or the City Manager’s designee.

Docusign Envelope ID: 1916B181-F546-8EFE-8241-1007ABC19C6C Amendment No. 1 to Agreement
Clanton Engineering, Inc., a Colorado corporation

Page 6 of 7 ends

_____________________
255-6
Hourly Rates
All rates shall include overhead costs including, but not limited to salaries, benefits, insurance, office expenses, mileage, and courier service. If staff substitutions are necessary, or if staff is promoted to a different title, the original rates listed below will still apply.

Non-Billable Administrative Overhead
The Consultant will bill only for time spent performing assigned professional work. All other activities associated with carrying out the contract are not billable and are therefore considered overhead or Docusign Envelope ID: 1916B181-F546-8EFE-8241-1007ABC19C6C Amendment No. 1 to Agreement
Clanton Engineering, Inc., a Colorado corporation

Page 7 of 7 ends

_____________________
255-7
administrative functions contained within the hourly rate. Typical examples of non-billable overhead activities are:
• Discussion with staff or applicant about the cost of services or to address billing disputes. • Meetings to discuss work performance, contract, or additional services. • Travel time to and from the City of Malibu.
• Preparation of invoices and other administrative clerical services. • Contract administration, such as preparing or discussing contract amendments. • Time spent resolving errors in the event the Consultant is responsible.

Docusign Envelope ID: 1916B181-F546-8EFE-8241-1007ABC19C6C

Page 1 of 2 ends

Agenda Item # 1.B.9.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Sarah Flores, Emergency Services Coordinator Reviewed by: Susan Duenas, Public Safety Director
Approved by: Joseph D. Irvin, City Manager
Date prepared: June 2, 2026 Meeting date: June 22, 2026 Subject: Mobile High-Power Speaker Stations (MHPSS)
RECOMMENDED ACTION: Authorize the Mayor to accept and sign the Memorandum of Understanding for the Mobile High-Power Speaker Stations (MHPSS) from the City of Los Angeles.

FISCAL IMPACT: No additional appropriation is required. Minor costs will be incurred for storage, maintenance and community outreach. Funding for this project is included in the Proposed Budget for FY 2026-27 in Account No. 100-7021-6160-00 (Public Safety Operating Supplies).

STRATEGIC PLAN IMPLEMENTATION:

Goal 4: Improve Public Safety.

Objective 4.2: Increase Wildfire Resiliency.

Strategy: Implement alert and warning systems that do not depend on electricity or cellular service.

Emergency Evacuation: Increase alert warning, and evacuation capabilities.

DISCUSSION: The City of Los Angeles procured six Mobile High-Power Speaker Stations (MHPSS) through an Urban Area Security Initiative (UASI) grant. Four of the mobile speaker stations were offered to cities in Los Angeles County at no cost. Public Safety staff requested two of them and the City of Los Angeles approved the request.

The Mobile High-Power Speaker Stations, which are mounted on trailers, can be used to enhance Malibu’s emergency communication capabilities and support Malibu’s existing alert and warning system. The speakers are capable of amplified sirens (several tones City Council Meeting
06-22-26
Item

1.B.9.

Page 2 of 2 ends

Agenda Item # 1.B.9.
available), pre-recorded scripts, and ad-hoc voice alerting and can be deployed during Red Flag Warnings, evacuations, emergencies, or community events.

With only two mobile speakers, a set of specific criteria has been developed and approved by the Public Safety Commission to prioritize deployment in neighborhoods that could benefit the most from mobile speaker use. The criteria includes:
- Neighborhoods with limited ingress and egress routes. - Neighborhoods near to or within significant fuel loads and highest wildfire risk. - Neighborhoods where cellular or internet-based systems may be impacted due to Public Safety Power Shutoffs.
- Neighborhoods that are densely populated.
- Areas must be accessible for station towing and quick and safe deployment.

Based on the above criteria the Commission recommended prioritizing the following neighborhoods:
- Ramirez Canyon
- Malibu West
- Big Rock
- Point Dume
- Malibu Park
Once the speakers are acquired, Public Safety staff will begin community outreach and education on actions to take when a siren or emergency message is heard, when and how the speakers will be deployed, potential areas the speakers will be deployed, and how the speakers strengthen our existing emergency alert systems. Live demonstrations of the speakers will also be held at community events like the Safety and Preparedness Fair, Firewise community meetings and other Public Safety events and training courses.

The Public Safety Department will oversee the maintenance, coordination and annual testing of the speakers. The City will test the speakers during National Preparedness Month in September, whereby a speaker will be deployed and issue a test alert each week in one of Malibu’s evacuation zones (MAL-C111-MAL-C114). Additional tests will be coordinated and conducted in the prioritized neighborhoods to include Ramirez Canyon, Malibu West, Big Rock, Point Dume, and Malibu Park. Coordination and protocols with partner agencies will also be established to ensure maximum effectiveness of the speaker capabilities.

ATTACHMENTS:

1. Memorandum of Understanding (MOU) agreement with City of Los Angeles

2. Mobile Speaker Station Specification Sheet

MEMORANDUM OF AGREEMENT (MOA)
Between

THE CITY OF LOS ANGELES EMERGENCY MANAGEMENT DEPARTMENT And

THE CITY OF MALIBU

REGARDING MASS NOTIFICATION SPEAKER TRAILERS
THIS MEMORANDUM OF AGREEMENT (hereafter referred to as “Agreement”) is entered into by and between the City of Los Angeles, by and through its Emergency Management Department, hereafter referred to as "EMD", and the City of Malibu, acting by and through its duly appointed and legally authorized officer, hereafter referred to as “City of Malibu.” EMD and City of Malibu in joint hereafter referred to as “Party” or “Parties”, hereby establish policy, procedures, and protocols for the transfer, delivery, housing, storage, holding, activation, transporting, use, deactivation, care, maintenance, sustainment, repair, replacement and removal of the Mass Notification Speaker Trailers, hereafter referred to as “MNST”.

RECITALS
WHEREAS, the City of Los Angeles has received Urban Area Security Initiative (UASI) grant funding to purchase Mass Notification Speaker Trailer for the purposes of providing reliable alert tone notifications and delivery of pre-recorded messages for emergencies, large public gatherings, sporting events, or locations of interest.

WHEREAS, MNSTs are made available for use by The City of Malibu.

WHEREAS, implementation of the responsibilities associated with this initiative requires a coordinated effort between EMD and the designated recipients of the MNSTs.

NOW, THEREFORE, the Parties agree to the following terms and conditions for the transfer, delivery, housing, storage, holding, activation, transporting, use, deactivation, care, maintenance, sustainment, repair, replacement and removal of the MNSTs.

I. WITNESSETH
A. It is hereby mutually agreed between the parties hereto as follows:

1. Purpose
This Agreement exists to assist management, supervisory, and line personnel in making Attachment 1
decisions related to each Party’s responsibilities as set forth herein, and to delineate specific duties and responsibilities of each department and other involved participants to ensure that the provision of goods and services associated with the MNST is fully realized.

Each Party to this MOA is a separate and independent entity. As such, each retains its own identity in providing services, and each is responsible for establishing its own policies and financing its own activities.

2. Representatives of the Parties
The representatives of the respective Parties who are authorized to administer this Agreement, and to whom formal notices, demands, requests, and communications shall be given are as follows:
a) For the City of Los Angeles Emergency Management Department:

Carol Parks, General Manager, Emergency Management Department [email protected]
Emergency Management Department
500 E. Temple St., Room 130
Los Angeles, CA 90012
Liana Chitchyan, Grants Manager, (or her designee)
[email protected]
Emergency Management Department
500 E. Temple St., Room 130
Los Angeles, CA 90012
b) For The City of Malibu:

Sarah Flores (or her designee)
[email protected]
310-456-2489 ext. 237
23825 Stuart Ranch Rd.

Malibu, CA 90265
c) This agreement is for the MNST as described below and the equipment inventory as described in Exhibit A.

3. Description
This agreement is for the MNSTs. The MNSTs, or Mass Notification Speaker Trailers, is a deployable mobile communications trailer that provides reliable alert tone notification and delivery of pre-recorded messages to the general public and nearby persons for emergencies, large public gatherings, sporting events, or locations of interest.

II. INTENT
The Parties shall agree to the following in terms of transfer, delivery, housing, storage, holding, activation, transporting, use, deactivation, care, maintenance, sustainment, repair, replacement and removal of MNSTs
A. Quantity
This agreement is for the transfer of one MNSTs. This MOA includes the physical trailer and the appropriate title.

B. Transfer/Delivery/Storage
EMD is permanently transferring the MNST to The City of Malibu. City of Malibu will agree to store the MNSTs, when they take delivery at EMD or its delivery representative.

Storage conditions should adequately maintain the condition of the MNSTs and avoid unnecessary degradation.

C. Housing, Holding
All items delivered and any and all subsequent items related to the MNSTs shall be housed and held by The City of Malibu pursuant to the aforementioned storage and delivery conditions.

When not in use, the MNSTs should be stored in an enclosed, secure structure to provide reasonable protection against inclement weather, sabotage, theft, malicious damage, unsolicited or improper use.

The MNST shall be housed by The City of Malibu until such time as notice is given following provisions contained in and set by this MOA.

D. Use
The MNST’s primary use function shall be for the provisioning of reliable alert tone notifications and delivery of pre-recorded messages for the objective of informing the general public and persons in proximity to the trailers in the event of emergencies, large public gatherings, sporting events, or locations of interest.

E. Activation, Transporting, Deactivation
All movement of the MNST shall be handled through the official dispatching channels of The City of Malibu. The City of Malibu is responsible for the demobilization, salvage, and disposal of the MNST in accordance with UASI guidelines.

F. Care, Maintenance, Sustainment, Repair, Replacement
The City of Malibu agrees to operate, maintain and repair the MNST at its sole cost and expense, except as otherwise expressly provided in this agreement. The MNST shall be maintained in such condition that it is available for immediate emergency use in accordance with UASI regional equipment guidelines.

As the receiving department/jurisdiction, the City of Malibu will assume all future costs inclusive of DMV registration and maintenance.

G. Inspection
The City of Malibu agrees to allow UASI area representatives and other authorized Federal, State personnel to inspect the MNST at any time.

H. Staffing
Day to day staffing and operation will be the responsibility of the City of Malibu. The City of Malibu will assume no responsibility for staffing on activations by EMD.

I. Reports and Records
City of Malibu shall complete and maintain a maintenance log of the MNST in accordance with Los Angeles region UASI and city guidelines and policies.

Any changes in the condition of the MNST, such as through incidents, damage, or any other conditions or events shall be documented by The City of Malibu and/or UASI policies.

III. TERM
A. The terms of this MOA will become effective upon signature of the last Party hereto, and shall remain in effect until the disposition of the equipment.

B. Termination of Agreement
Either party may terminate this agreement upon thirty (30) calendar days’ written notice to the other party. The City of Malibu may relinquish guardianship of the MNSTs or terminate this agreement upon fourteen (14) calendar days’ written notice to the EMD GM.

Upon termination of this MOA the MNST shall be removed from the designated storage facility.

Upon the termination of this agreement, the City of Malibu agrees to return said MNSTs in the same condition as received, barring reasonable wear and tear, force majeure, and conditions over which it has no control.

As inventory changes occur, or items of equipment are replaced, deleted or added by EMD or replaced by the City of Malibu, it is mutually agreed that no amendment to this agreement needs to be made at the time of the change. A complete reconciliation of all equipment will be made at the termination of this agreement.

IV. Administration Fees
Each Party shall be solely responsible for any and all costs associated with their responsibilities under this MOA. There are no administrative fees in recognition of the benefits to the citizens of Los Angeles as a result of the work specified in this MOA.

V. Notices
All notices herein provided to be given, or which either party may give to the other shall be deemed to have been fully given when made in writing and emailed to the General Manager of EMD or the designated point of contact for The City of Malibu. [SIGNATURES TO FOLLOW]
VI. Signatures
IN WITNESS WHEREOF the parties hereto have executed this Agreement, which is effective upon the signature of both parties.

We, the undersigned, do hereby consent to this MOA and agree to abide by its terms and conditions

CITY OF LOS ANGELES

EMERGENCY MANAGEMENT

DEPARTMENT

CITY OF MALIBU
By By
Signature Signature
Name Name
Print Name Print Name
Title Title
Print Title Print Title
Date 2026-04-21 Date
General Manager
Currently the Emergency
Management Department has four
mobile high power speaker station
trailers (MHPSS) available to local
Cities at no cost. The Trailers were
purchased using UASI funds for
redundancy in emergency
communications in planned and
unplanned events. The MHPSS trailers
can be used to send alerts as well as
loud-speaker announcements to a
large outdoor area. They are towable,
and take up about one parking space
each. Trailers will need electrical outlet
to charge.

City of Los Angeles
Emergency Management Department
Mobile High Power
Speaker Station
MHPSS Uses, Alerts, Activation
Potential Uses for the MPPSS:

Deploying to an area where an outdoor event is
planned and emergency notifications may be
needed such as parks, special events, or large
crowd areas.

Deploying to areas of high danger or areas where
the public needs directions or communications,
such as beaches, parades, or protests.

Deploying to sporting events or concert areas.

It supports up to 255 pre-recorded voice
messages with a total recording capacity of up to
100 hours.

The speaker trailers are capable of doing the
following types of alerts:

Amplified sirens (several tones available)
Pre-recorded scripts in several languages
Ad hoc voice alerting- either spoken into a
microphone or computer generated via
software
The speaker trailers can be activated in three
ways:

At the site of the trailer, via a system installed into the trailer, remotely from a control point that can
initiate a single unit or multiple units when
activated, Everbridge alerting system.

MHPSS Link Emergency Management Coordinator
Darryl Pedigo
213-257-1201 [email protected] Feel free to email or call for additional details or questions,
only four available, UASI grant
purchased for regional use.

Attachment 2

Page 1 of 2 ends

Agenda Item # 1.B.10.

RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 2 to the Professional Services Agreement with 30 Three Sixty Public Finance, Inc. to increase the compensation in the amount of $77,054 for a total not to exceed $352,486 and extend the term of the agreement for one year, ending on June 30, 2027.

FISCAL IMPACT: No additional appropriation is required. Funding for this amendment is included in the Proposed Budget for FY 2026-27 in Account Nos. 290-6002-5100 (Big Rock), 291-6003-5100 (Malibu Road), 292-6004-5100 (Calle Del Barco), 712-9048-5100 (Carbon Beach), 713-9052-5100 (Broad Beach), 715-9049-5100 (Civic Center Water Treatment Facility Phase I) and 515-3010-5100 (Civic Center Water Treatment Facility) and 207-3004-5100 (Solid Waste Management). This amendment is for $77,054, resulting in a five-year contract with a total amount not to exceed $352,486 through June 30, 2027.

Districts Amount
Big Rock Mesa Assessment District (98-1) $13,555
Malibu Road Assessment District (98-2) $5,568
Calle Del Barco Assessment District (98-3) $5,568
Carbon Beach Community Facility District (2006-1) $12,936 Broad Beach Assessment District (2010-1) $7,368
Civic Center Water Treatment Facility Phase 1 Assessment District (2015-1)
$14,061
City Council Meeting
06-22-26
Item

1.B.10.

Page 2 of 2 ends

Agenda Item # 1.B.10.

Malibu Garbage Disposal District $5,568
Civic Center Water Treatment Facility $12,430
Total $77,054
STRATEGIC PLAN IMPLEMENTATION: N/A.

DISCUSSION: On April 25, 2022, the City Council approved an agreement with 30 Three Sixty Public Finance, Inc. to perform assessment engineering services for the City’s assessment districts. These districts include the Big Rock Mesa Landslide Assessment District 98-1, Malibu Road Landslide Assessment District 98-2, Calle Del Barco Landslide Assessment District 98-3, Carbon Beach Community Facilities District 2006-1, Broad Beach Assessment District 2010-1, Civic Center Water Treatment Facility Phase 1 2015- 1 and Civic Center Water Treatment Facility Wastewater Services fees.

Administration of these assessment districts includes maintaining the assessment district data, developing annual assessment levies and service charges, monitoring any delinquencies, and providing annual reports for each district. 30 Three Sixty Public Finance, Inc. assists the City with administering the wastewater services charges and recycled water charges (if any) on the property taxes for properties within the Phase 1 boundary of the Civic Center Water Treatment Facility.

At its April 14, 2025, meeting, Council approved Amendment No. 1 to the agreement extending the term of the agreement through June 30, 2026, and increasing the compensation for a total not to exceed in the amount of $275,432. This amendment also included adding assessment engineering services for the Malibu Garbage Disposal District (MGDD) to be able to include waste hauler service charges on property tax rolls for properties within the MGDD boundary, monitor for billing, parcel changes, and current assessor’s map pages.

Amendment No. 2 is to increase the compensation in the amount of $77,054 for a total not to exceed $352,486 and extend the term of the agreement through June 30, 2027, with no change to the scope of work. This extension will allow sufficient time for staff to prepare and release a request for proposals prior to the new fiscal year of 2027-28. 30 Three Sixty Public Finance, Inc. has provided consistent satisfactory services over the years, assisting the City in administering all of the Districts.

ATTACHMENTS: Amendment No. 2 to Profession al Services Agreement with 30 Three Sixty Public Finance, Inc.

Updated 4/27/2026
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT
THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT (the “Amendment” is made and entered in the City of Malibu on June 22, 2026, by and between the City of Malibu, a municipal corporation, hereinafter referred to as City, and 30 Three Sixty Public Finance, a California corporation, hereinafter referred to as Consultant. City and Consultant are herein collectively referred to as “Parties” and separately as a “Party”.

The city and the Consultant agree as follows:

R E C I T A L S
A. On April 25, 2022, the City entered into a Professional Services Agreement with Consultant for Assessment District Administration Services for the City’s special assessment districts (the “Agreement”).

B. On April 14, 2025, the parties entered into Amendment No. 1 to amend the Agreement.

Amendment No. 1 modified the scope of work to include assessment engineering services for the Malibu Garbage Disposal District, increased compensation for services in the amount of $77,054 for a total not to exceed $275,432, and extend the term of the Agreement through June 30, 2026.

C. The Parties desires to amend the Agreement to increase the total not to exceed compensation by $77,054 and extend the term of the Agreement through June 30, 2027, and Consultant has submitted a proposal for this purpose that is acceptable to the City.

1. Section 2.0 of the Agreement (Term of Agreement), is hereby extended to June 30, 2027.

2. Section 4.0 of the Agreement (Compensation for Services), is hereby amended to increase the compensation for services in the amount of $77,054 for a total not to exceed $352,486.

3. Authority to Execute. Each person executing this Amendment represents and warrants that they are duly authorized to execute this Amendment on behalf of the Party for whom they are signing and to bind that Party to the terms herein.

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

5. All terms and conditions of the Agreement not amended by this Amendment remain in full force and effect.

6. The effective date of this Amendment is June 30, 2026.

Amendment No. 2 to Agreement
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This Amendment is executed on ______________________.

____________________________________ By: _________________________________ TREVOR RUSIN, Interim City Attorney Name: Mitch Mosesman Title: President

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Agenda Item # 1.B.11.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Tracey Rossine, Environmental Programs Manager Reviewed by: Tatiana Holden, Assistant Public Works Director/City Engineer Christopher Smith, Assistant City Manager
Approved by: Joseph D. Irvin, City Manager
Date prepared: May 27, 2026 Meeting date: June 22, 2026 Subject: Amendment to Professional Services Agreement with Rincon Consultants, Inc to Provide Water Quality Monitoring Services RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with Rincon Consultants, Inc. (Rincon) increasing the compensation in the amount of $229,231 for a total not to exceed $862,231 and allowing for a one-year extension through June 30, 2027, to provide water quality monitoring services for the Civic Center Wastewater Treatment Facility (CCWTF).

FISCAL IMPACT: Funding for these services in the amount of $229,231 is included in the Proposed Budget for FY 2026-27 in Account No. 515-3010-5656-00 (Civic Center Wastewater Treatment Facility).

STRATEGIC PLAN IMPLEMENTATION: N/A
DISCUSSION: In June 2023, the City entered into a three-year, $633,000 agreement with Rincon to assist with a groundwater and surface water quality monitoring program. The program was developed because of regulatory actions taken by the Los Angeles Regional Water Quality Control Board and the State Water Resources Control Board to address compliance with the Civic Center Wastewater Discharge Prohibition and the subsequent CCWTF. The program includes monitoring for the Salt and Nutrient Management Plan (SNMP) for the Civic Center Groundwater Basin and the Memorandum of Understanding (MOU) with the Regional Board concerning the phasing of the CCWTF. The program also provides data to allow for the use of the CCWTF recycled water for landscaping.

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Agenda Item # 1.B.11.

Since execution of the agreement, Rincon Consultants has implemented the City’s comprehensive groundwater and surface water monitoring program in accordance with regulatory requirements. This work includes quarterly sampling of groundwater and surface water at designated monitoring wells and coastal/creek locations to assess potential impacts from recycled water use associated with the CCWTF. Rincon has conducted the required semi-annual monitoring under the SNMP and MOU programs to evaluate groundwater quality conditions and track potential improvements to local waterbodies; including monthly groundwater elevation measurements across an extensive network of monitoring wells to evaluate groundwater trends and basin conditions influenced by precipitation, tidal, and lagoon dynamics. All sampling activities include laboratory analysis by certified facilities, strict quality assurance/quality control protocols, and proper handling and disposal of investigation-derived waste materials.

Additionally, Rincon assists the City with data reporting and regulatory compliance, including preparation of quarterly and annual monitoring reports and electronic submittal of data to the State Water Resources Control Board’s GeoTracker system in accordance with Electronic Submittal of Information (ESI) requirements. The firm has also supported required well survey data compilation and overall program management, ensuring timely coordination, responsiveness to City requests, and consistent execution of all monitoring tasks.

Staff now seeks approval to increase the compensation in the amount of $229,231 for a total not to exceed $862,231 and extend the term of the agreement for another year to maintain these services for the CCWTF.

ATTACHMENTS: Amendment No. 1 with Rincon Consultants, Inc.

Updated 4/27/2026
AMENDMENT NO. 1 TO AGREEMENT
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT (the “Amendment”) is made and entered in the City of Malibu on June 22, 2026, by and between the City of Malibu, a municipal corporation, hereinafter referred to as City, and Rincon Consultants Inc., a California corporation, hereinafter referred to as Consultant. City and Consultant are herein collectively referred to as “Parties” and separately as a “Party”.

The city and the Consultant agree as follows:

R E C I T A L S
A. On June 26, 2023, the City entered into a Professional Services Agreement with Consultant for water quality monitoring programs in Malibu Civic Center Area (the “Agreement”).

B. The Parties desire to amend the Agreement to increase the total not to exceed compensation by $229,231 and extend the term of the Agreement through July 1, 2027, and Consultant has submitted a proposal for this purpose that is acceptable to the City.

1. Section 2.0 of the Agreement (Term of Agreement), is hereby extended to July 1, 2027.

2. Section 4.0 of the Agreement (Compensation for Services), is hereby amended in the amount of $229,231 for a new total not to exceed $862,231, as set forth in Exhibit B attached hereto. The compensation set forth in Exhibit B is in addition to the compensation set forth in the original agreement.

6. All terms and conditions of the Agreement not amended by this Amendment remain in full force and effect.

7. The effective date of this Amendment is July 1, 2027.

This Amendment is executed on ______________________.

Amendment No. 1 to Agreement
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____________________________________ By: _________________________________ TREVOR RUSIN, Interim City Attorney Name: Torin Synder
Title: Principal
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EXHIBIT B

COMPENSATION SCHEDULE
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Agenda Item # 1.B.12.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Tracey Rossine, Environmental Programs Manager Reviewed by: Tatiana Holden, Assistant Public Works Director/City Engineer Christopher Smith, Assistant City Manager
Approved by: Joseph D. Irvin, City Manager
Date prepared: May 27, 2026 Meeting date: June 22, 2026 Subject: Amendment to Professional Services Agreement with Rincon Consultants, Inc to Provide On-Call Environmental Consulting Services RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 2 to the Professional Services Agreement with Rincon Consultants, Inc. (Rincon) to reduce the annual compensation from $960,000 to $600,000, revise the scope of work to update support services related to the Clean Water Program, compliance support and Salt and Nutrient Management Plan strategy and extend the term of the agreement through July 1, 2028.

FISCAL IMPACT: Funding for these services in the amount of $600,000 is included in the Adopted Budget for FY 2026-27 in Account No. 101-3003-5100-00 (Clean Water Professional Services).

STRATEGIC PLAN IMPLEMENTATION: N/A
DISCUSSION: On May 28, 2024, the City entered into a two-year, $340,000 agreement with Rincon to provide on-call and as-needed environmental services, such as stormwater management, water quality compliance, and general environmental project management.

As the on-call environmental services consultant, Rincon’s team has demonstrated a strong commitment to the City's objectives by delivering technical water quality monitoring and reporting services, along with providing regulatory assistance and strategic planning support. Their expertise spans critical areas such as the Los Angeles Municipal Separate Storm Sewer System Permit (MS4), the Watershed Management Plan (WMP), and the City Council Meeting
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Agenda Item # 1.B.12.

Coordinated Integrated Monitoring Plan (CIMP), significantly contributing to the advancement of the City's environmental initiatives.

Due to an anticipated workload increase, on February 10, 2025, the City amended the contract to increase the total compensation by $620,000, for a total amount not to exceed $960,000. Anticipated workload increase included conducting additional support for the City’s Salt and Nutrient Management Plan (SNMP), ongoing discussions with the Regional Board, and technical support on the WMP and the CIMP updates.

Anticipated compliance needs include conducting research on the City’s SNMP and developing a framework and workplan outlining how the review, data assessment, and potential update will be completed. Rincon has already been actively engaged in discussions with the Los Angeles Regional Water Quality Control Board (Regional Board) regarding the SNMP during FY 2024–2025, providing continuity and technical insight into these regulatory coordination efforts. This effort will require continued coordination with the Regional Board to ensure the City remains informed of all regulatory options and considerations. It is also expected that the City will need technical support to update the WMP and the CIMP to ensure alignment with goals and regulatory requirements. In addition, Rincon would support implementation of environmental program services in alignment with the responsibilities of the Environmental Sustainability Analyst, Environmental Compliance Coordinator, and other roles as needed. All tasks will be initiated only upon written authorization from the City.

Although there continues to be growth in anticipated compliance needs, as well as staff vacancies in the Clean Water Program, Rincon has helped reduce the overall contract costs from $960,000 to $600,000 by altering the scope of work to focus specifically on compliance-based requirements. Since 2024, Rincon has successfully supported the City’s environmental compliance activities and coordinated with regulatory and resource agencies. Rincon will provide both in-person and remote support and has the technical qualifications needed to deliver responsive and adaptable services.

Staff are requesting approval to extend the agreement for an additional two years in the amount of $600,000 annually and update the scope of work to reflect specific deliverables and upcoming regulatory deadlines.

ATTACHMENTS: Amendment No. 2 with Rincon Consultants, Inc.

Updated 4/27/2026
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT
THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT (the “Amendment”) is made and entered in the City of Malibu on June 22, 2026, by and between the City of Malibu, a municipal corporation, hereinafter referred to as City, and Rincon Consultants Inc., a California corporation, hereinafter referred to as Consultant. City and Consultant are herein collectively referred to as “Parties” and separately as a “Party”.

The city and the Consultant agree as follows:

R E C I T A L S
A. On May 28, 2024, the City entered into a Professional Servies Agreement with Consultant for services related to Environmental Programs including stormwater management, water quality compliance, and spill response (the “Agreement”).

B. On February 10, 2025, the City entered into Amendment No. 1 with Consultant increasing the compensation for services by $620,000, for a total not to exceed $960,000.

C. The Parties desires to amend the Agreement to decrease the total agreement compensation by $360,000, for a total not to exceed $600,000, revise the scope of work to update support services related to the clean water program and compliance support, and salt and nutrient management plan strategy, and extend the term of the agreement through July 1, 2028; and Consultant has submitted a proposal for this purpose that is acceptable to the City.

1. Section 1.0 of the Agreement (Scope of Work), is hereby amended as set forth in Exhibit A attached hereto. The Scope of Work set forth in Exhibit A of this Amendment shall fully replace the Scope of Work in Exhibit A of the original Agreement. All tasks will be initiated only upon written authorization from the City.

2. Section 2.0 of the Agreement (Term of Agreement), is hereby extended to July 1, 2028.

3. Section 4.0 of the Agreement (Compensation for Services), is hereby amended as set forth in Exhibit B attached hereto. Total compensation is decreased in the amount of $360,000 for a new total not to exceed $600,000 annually, effective July 1, 2026.

4. Incorporation of Exhibits. All exhibits attached to this Amendment are hereby incorporated into the Agreement by this reference. To the extent there is any conflict between an exhibit attached to this Amendment and the exhibits attached to the original Agreement, the exhibits attached to this Amendment shall control.

5. Authority to Execute. Each person executing this Amendment represents and warrants that they are duly authorized to execute this Amendment on behalf of the Party for whom they are signing and to bind that Party to the terms herein.

6. The Parties agree that this Amendment will be considered signed when the signature of a Party is delivered physically or by facsimile transmission or scanned and delivered Amendment No. 2 to Agreement
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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. All terms and conditions of the Agreement not amended by this Amendment remain in full force and effect.

8. The effective date of this Amendment is July 1, 2026.

This Amendment is executed on ______________________.

____________________________________ By: _________________________________ TREVOR RUSIN, Interim City Attorney Name: Torin Synder
Title: Principal
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EXHIBIT A

SCOPE OF WORK
Task 1 Clean Water Program and Compliance Services
Rincon has provided consistent, full‑time support to the City’s Clean Water Program, including daily in‑person coverage at City Hall, two‑hour illicit discharge response (including weekends), and remote technical assistance.

Rincon has evaluated the upcoming fiscal year’s needs and identified the minimum set of tasks required to maintain Clean Water Program compliance. We will continue to perform this work as efficiently as possible, looking for streamlining and cost‑saving opportunities wherever feasible, while facilitating the City’s compliance with regulatory requirements:
• MS4 Permit & Watershed Management Program (WMP) Implementation o Coordination and preparation of Semi- Annual and Annual Reports o Implementation of Minimum Control Measures (MCMs): large construction site inspections, desktop analysis, response and inspections of illicit discharge/public complaints, and other MCMs as requested (i.e., slope failures, Public Information and Participation Program, development post-construction best management practice review, & public agency O&M activities)
o Stormwater inspections and compliance activities
o Support for Time Schedule Order (TSO) request, coordination and implementation of TSO requirements, and oversight of related plans and documentation • CIMP Coordination
o Monthly Malibu Lagoon Bacteria & Trash TMDL reports – reviews, recommendations, and submittals
o Wet/dry-weather receiving water report reviews and recommendations o Monthly CIMP coordination meetings and permit group meetings o Coordination of necessary CIMP modifications
o Design and implementation of CIMP and TMDL special studies • Funding Administration & Grant Support
o Measure W Annual Plan and Report
o WASC coordination and CIP funding applications
o Pursue grant opportunities (California Ocean Protection Council, State Proposition 4, California State Department of Transportation SB1, etc.) • WMP Meetings and Coordination
o Watershed Area Steering Committee (WASC) – monthly in-person meetings at Las Virgenes Municipal Water District
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o Watershed Management Group (WMG) - coordination with Los Angeles County and multiple meetings every month
o LA Permit Group regular and ad hoc meetings - as-needed & approximately every 2 months
o Internal coordination with City departments related to implementation of WMP and stormwater treatment projects and initiatives
o Review and recommendations for improved WMP compliance strategies • Spill and Emergency Response Services
o Coordination of transportation of hazardous or liquid waste by licensed and authorized hazardous waste hauler with availability 24 hours per day, 365 days per year; waste manifesting; and report preparation (understood to be limited evening hours).
o Soil, water, and air sample collection; on-site testing (if applicable); coordination of laboratory analysis on collected samples; waste profiling; identification of options for landfill or treatment, storage and disposal facilities. o For any emergency work, an environmental consulting representative shall be at the City’s field response site within two (2) hours of the original call to the Consultant.
o Provide support for City events
Task 2 Salt and Nutrient Management Plan Strategy
The original deadline for submittal of the City of Malibu Salt and Nutrient Management Plan (SNMP) was March 2026. Rincon successfully facilitated coordination between the City of Malibu and the Los Angeles Regional Water Quality Control Board (LARWQCB), resulting in approval of an extension of the SNMP submittal deadline to December 2027.

As requested by the City, Rincon will review and update the July 14, 2016, SNMP to comply with the Los Angeles Basin Plan requirement to update the plan. This effort will include reviewing applicable reports and guidance materials provided by the LARWQCB related to the SNMP update.

Rincon will prepare a workplan outlining the proposed approach for the SNMP update and associated data assessment for discussion and coordination with the LARWQCB. Following agency feedback, Rincon will develop a refined workplan to guide data review, analysis, and overall updates to the existing SNMP. Rincon will then conduct the data assessment and analysis consistent with the approved workplan and prepare a draft technical memorandum summarizing findings and recommendations to update the SNMP that would be submitted to the LARWQCB December 2027.

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Rincon will complete the workplan, data assessment and analysis, and draft memorandum. At this time, Rincon understands that the specific data needs and scope of updates required for the SNMP are not yet fully defined. Consistent with this uncertainty, the associated cost estimate represents a rough order‑of‑magnitude for budgetary planning purposes.

General Assumptions
• This scope assumes that meetings, coordination, and project support will be conducted remotely unless otherwise requested by the City.
• If in‑person participation at City Hall, public meetings, workshops, hearings, or other on‑site engagements is required, additional fees will apply to cover consultant time, travel, and related expenses.

Task 3 General Support Services
On Call Environmental Consulting services shall be provided on a time and materials cost basis.

Work will be conducted only upon written authorization from the City of Malibu, except verbal authorization for Task 1 spill and emergency response services.

EXHIBIT B

COMPENSATION SCHEDULE
Cost
As shown in Table 1 below, Rincon estimates the cost of tasks covered in this scope to be $600,000 in accordance with the 2026 fee schedule.

Table 1 Cost Summary
Task Estimated Cost
Task 1 Clean Water Program Services and Compliance Services $400,000 Task 2 Salt and Nutrient Management Plan Strategy $100,000 Task 3 General Support Services $100,000
Total $600,000
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Agenda Item # 1.B.13.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Travis Hart, Deputy Public Works Director
Reviewed by: Tatiana Holden, Assistant Public Works Director/City Engineer Christopher Smith, Assistant City Manager
Approved by: Joseph D. Irvin, City Manager
Date prepared: May 17, 2026 Meeting date: June 22, 2026 Subject: Professional Services Agreement with Yeh and Associates, Inc.

RECOMMENDED ACTION: Authorize the Mayor to execute a Professional Services Agreement with Yeh and Associates, Inc., for maintenance and monitoring services for the Big Rock Mesa, Malibu Road, and Calle Del Barco Landslide Assessment Districts (ADs).

FISCAL IMPACT: Funding for these services in the amount of $470,700 was included in the Proposed Budget for Fiscal Year 2026-2027 in Account Nos. 290-6002-5100 (Big Rock Mesa Landslide Maintenance District $330,000), 291-6003-5100 (Malibu Road Landslide Maintenance District $71,700) and 292-6004-5100 (Calle Del Barco Landslide Maintenance District $69,000).

STRATEGIC PLAN IMPLEMENTATION: N/A.

DISCUSSION: Yeh and Associates has provided services for maintenance and monitoring services for the City’s three Landslide Assessment Districts (ADs): Big Rock Mesa AD 98- 1, Calle Del Barco AD 98-2, and Malibu Road AD 98-3 since 2020 They provide professional services for the operation, maintenance, monitoring, evaluation, and regulatory compliance of the City’s landslide mitigation systems located in the above districts. Services have included groundwater monitoring, inclinometer readings, dewatering well maintenance, hydrauger maintenance, annual and quarterly reporting, water quality monitoring and compliance with Regional Water Quality Control Board requirements, emergency response support, and long-term capital improvement recommendations.

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Agenda Item # 1.B.13.

In anticipation of the expiration of the current agreement, the City issued a new Request for Qualifications/Proposals (RFQ/P) on April 13, 2026, for continued landslide maintenance and monitoring services for the Big Rock Mesa, Malibu Road, and Calle Del Barco Landslide Assessment Districts. The 2026 RFQ/P requested proposals from qualified firms to provide comprehensive services including monitoring of groundwater and slope movement instrumentation, maintenance of dewatering systems and hydraugers, preparation of annual and regulatory reports, emergency response services, database management, capital improvement planning, and public outreach.

The City received one proposal in response to the 2026 RFQ/P from Yeh and Associates, Inc. Staff reviewed the proposal and determined that Yeh and Associates, Inc. continues to possess the specialized geotechnical expertise, institutional knowledge, operational experience, and qualified personnel necessary to effectively manage and maintain the City’s landslide mitigation infrastructure and monitoring systems. Yeh and Associates, Inc. has extensive familiarity with the unique geological conditions and operational requirements associated with the City’s Landslide Assessment Districts and has demonstrated satisfactory performance throughout the duration of the existing agreement.

Accordingly, staff recommends approval of a new Professional Services Agreement with Yeh and Associates, Inc. for continued landslide maintenance and monitoring services for the Big Rock Mesa, Malibu Road, and Calle Del Barco Landslide Assessment Districts.

ATTACHMENTS: Professional Services Agreement with Yeh and Associates, Inc.

Updated 4/27/2026

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (the “Agreement”) is made and entered into as of June 22, 2026, by and between the City of Malibu, a municipal corporation (hereinafter referred to as the "City"), and Yeh and Associates Consultants, Inc., a Colorado corporation (hereinafter referred to as "Consultant"). City and Consultant are herein collectively referred to as “Parties” and separately as a “Party”.

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 with Consultant for professional services relating to Landslide Maintenance and Monitoring for Big Rock Mesa, Calle Del Barco, and Malibu Road Assessment Districts.

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

D. The City and the Consultant desire to enter into this Agreement for the Consultant to perform the services described in this Agreement, including those set forth in Exhibit A.

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

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

2.0 TERM OF AGREEMENT. This Agreement will become effective on July 1, 2026, and will remain in effect for a period of 4 years from said date unless otherwise expressly extended and agreed to by both Parties or terminated by either Party as provided herein.

3.0 CITY AGENT. The City Manager, or his or her designee (collectively, the “City Manager”), for the purposes of this Agreement, is the agent for the City; whenever approval or authorization is required, Consultant understands that the City Manager has the authority, but not the requirement, to provide that approval or authorization.

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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, attached as Exhibit A, and the compensation schedule, attached hereto as Exhibit B and made part of this Agreement. The cost of services shall not exceed the annual budget for the City’s Big Rock Mesa Landslide Maintenance District, the Malibu Road Landslide Maintenance District, and the Calle Del Barco Landslide Maintenance District (“Special Assessment Districts”) that is approved each spring for the next fiscal year budget cycle. No additional compensation shall be paid for any other costs or expenses incurred, unless first approved by the City Manager in writing.

4.1 The Consultant shall submit to the City, by no later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the previous month. The City shall pay the Consultant all uncontested amounts set forth in the Consultant's bill within 30 days after it is received.

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

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

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

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 twelve (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.

6.1.1 Termination Without Cause. 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. 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 effective date of 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.

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6.1.2 Termination For Cause. If the Consultant or the City fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Consultant or the City violate any of the covenants, agreements, or stipulations of this Agreement, the Consultant or the City shall have the right to terminate this Agreement by giving written notice to the other party of such termination and specifying the effective date of such termination. The Consultant shall be entitled to receive compensation in accordance with the terms of this Agreement for any work satisfactorily completed hereunder. Notwithstanding the foregoing, the Consultant shall not be relieved of liability for damage sustained by virtue of any breach of this Agreement and any payments due under this Agreement may be withheld to off-set anticipated damages.

6.1.3 In the event of any termination hereunder, 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 immediately returned to the City.

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.

6.4 Insurance. The Consultant shall submit to the City certificates indicating compliance with the following minimum insurance requirements no less than one (1) day prior to beginning of performance under this Agreement. Consultant further agrees to comply with all provisions in the attached Exhibit C (“Insurance Requirements”), attached hereto and made part of this Agreement.

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

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

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

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the performance of the services encompassed by this Agreement, and upon demand by City, Consultant shall 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.

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.

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c) The article and section, captions and headings herein have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.
d) Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.

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

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

6.12 Corrections. In addition to the above indemnification obligations, the Consultant shall correct, at its own expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans during or after the Term of this Agreement.

Should the Consultant fail to make such corrections in a reasonably timely manner, such corrections shall be made by the City, and the cost thereof shall be charged to the Consultant. If the City corrections occur during the Term, such charged costs shall be deducted from amounts otherwise owed to the Consultant. If the corrections occur after the Term and final payment to the Consultant, the amount charged shall be due and payable within 45 days after written notice of the City’s invoice.

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

6.14 Waiver; Remedies Cumulative. Failure by a Party to insist upon the performance of any of the provisions of this Agreement by the other Party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Party's right to demand compliance by such other party in the future. No waiver by a Party of a default or breach of the other Party shall be effective or binding upon such Party unless made in writing by such Party, and no such waiver shall be implied from any omissions by a Party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or Professional Services Agreement
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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 and Costs. The Parties hereto acknowledge and agree that each will bear his/her or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any Party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that Party or those Parties may be entitled.

6.18 Entire Agreement. This Agreement constitutes the whole agreement between the City and the Consultant, and neither Party has made any representations to the other except as expressly contained herein. Neither Party, in executing or performing this Agreement, is relying upon any statement or information not contained in this Agreement. Any changes, amendments, or modifications to this Agreement must be approved in advance and in writing, and executed by authorized representatives of 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: Joseph D. Irvin
City Manager
CONSULTANT: Loree A. Berry
Senior Project Manager
City of Malibu Yeh and Associates Consultants,
Inc.
23825 Stuart Ranch Road 632 E. Thompson Boulevard
Malibu, CA 90265-4861 Ventura, CA 93001
TEL (310) 456-2489 x 226 TEL (805) 481-9590 x 271
FAX (310) 456-2760 [email protected]

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related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

6.21 Standard of Care. Consultant shall perform all services under this Agreement in accordance with the standard of care ordinarily exercised by members of the same profession practicing under similar circumstances at the same time and in the same or similar locality. Consultant shall perform its services in a timely, competent, and professional manner and in accordance with all applicable laws and regulations.

6.22 Public Records Act Compliance. Consultant acknowledges that the City is subject to the California Public Records Act (Government Code section 7920.000 et seq.).

Consultant agrees to cooperate with the City in responding to any request for records relating to this Agreement or Consultant’s performance of services. Consultant shall promptly provide any such records requested by the City and acknowledges that such records may be subject to disclosure unless exempt from disclosure under applicable law.

6.23 Records Retention and Audit. Consultant shall maintain complete and accurate records relating to the performance of services under this Agreement, including all books, documents, papers, and accounting records. Consultant shall retain such records for a period of at least three (3) years following completion or termination of this Agreement, or longer if required by law or by written directive from the City. Upon reasonable notice, the City or its authorized representatives shall have the right to inspect and audit such records during normal business hours.

6.24 Ownership of Work Product. All reports, documents, data, studies, drawings, specifications, maps, photographs, and other materials prepared or assembled by Consultant in connection with the performance of services under this Agreement (“Work Product”) shall become the property of the City upon creation and shall be delivered to the City upon request or upon completion or termination of this Agreement. Consultant may retain copies for its files, if and when appropriate, but shall not use or disclose the Work Product for any purpose unrelated to this Agreement without the prior written consent of the City.

6.25 Confidentiality and Public Communications. Consultant shall maintain the confidentiality of any non-public information obtained in the course of performing services under this Agreement and shall not disclose such information to any third party without the prior written consent of the City unless required by law. Consultant shall take reasonable measures to protect such information from unauthorized use or disclosure.

Consultant shall not make any public statement, press release, social media post, or other public communication regarding the services performed under this Agreement, the City, or this Agreement without the prior approval of the City. Consultant shall conduct itself in a professional manner and shall not engage in conduct that would reasonably be expected to reflect adversely on the City in connection with the performance of services under this Agreement.

6.26 Subcontractors. Consultant shall not subcontract any portion of the services to be performed under this Agreement without the prior written approval of the City, Professional Services Agreement
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except to the extent subcontracting is expressly authorized in this Agreement. Consultant shall remain fully responsible for the performance of all services under this Agreement and for the acts and omissions of any subcontractors and their employees or agents.

6.27 Survival. The provisions of this Agreement that by their nature are intended to survive termination or expiration of this Agreement, including but not limited to provisions relating to indemnification, confidentiality, records retention, ownership of work product, and audit rights, shall survive the termination or expiration of this Agreement.

7.0 ADDITIONAL TERMS AND CONDITIONS. (City and Consultant initials required at EITHER 7.1 or 7.2, but not both)

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

City Initials ______
Consultant Initials ______

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

City Initials ______
Consultant Initials ______
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This Agreement is executed on _____________________.

Yeh and Associates Consultants, Inc, a Colorado corporation:

By: _________________________________
Name: Jonathan D. Blanchard
Title: Vice President
CITY OF MALIBU, a municipal corporation:
___________________________________
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
Scope and Budget Understanding:

The work is billed on a time and materials basis and against a not-to-exceed annul budget that is approved each spring for execution of the next fiscal year budget cycle. Consultant will follow the proposed scope of services tasks to meet their intent and with the understanding that the project requires some flexibility between tasks. Maintenance tasks cannot always be predicted and often need to take precedent over less critical repairs or monitoring. Larger repair items may need to be planned for a subsequent year to allocate funding. Monitoring and testing may need to be performed on an increased frequency in response to concerning data results or natural events, or field observations. Consultant understands they will be asked upon at any time to respond to field concerns, public questions, participate in public meetings, and provide status updates.

Scope of Services:

TASK 1 – MONITORING
The Consultant shall monitor, collect and record data including the following:
a) Record monthly groundwater level measurements from standpipes and vibrating wire piezometers.
b) Record twice monthly dewatering production readings and check operational status of dewatering wells.
c) Record monthly dewatering production readings from horizontal drains (hydraugers). d) Record quarterly ground deformation readings from slope inclinometers that penetrate the 1984 basal slide plane or have known historic deformation. Record semi-annual ground deformation readings from slope inclinometers that do not penetrate the 1984 basal slide plane and that have no documented historic deformation. Record ground deformation readings on an accelerated schedule of when deformation is recorded during the quarterly or semi-annual reading until three consecutive monitoring events show no additional deformation. (max inclinometer depth ~400 ft).
e) Record monthly readings of water usage data from the master water meter (Big Rock Mesa only). f) Record measurements from crack gauges.
g) Conduct monthly and quarterly water quality sampling and analysis of dewatering discharges in accordance with the current NPDES permit (Big Rock Mesa only). h) Record visual observations and any unusual or significant change in conditions within the district that may affect maintenance, monitoring, or capital improvements.

TASK 2 – MAINTENANCE
The Consultant shall provide routine and ongoing maintenance for instrumentation and dewatering facilities to maintain continuous operation of dewatering facilities. Typical maintenance requirements include:
a) Repair and calibration of well flow meters;
b) Cleaning and repair of well plumbing and discharge lines; c) Chemical treatment of dewatering wells and plumbing; d) Electrical service maintenance of dewatering wells;
e) Corrosion repair of dewatering facilities;
f) Removal, inspection, and repair or replacement of well pumps; and Professional Services Agreement
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g) Repair and protection of facilities in locations of high hazard (e.g base of bluffs, along PCH).

TASK 3 - DATA REVIEW, EVALUATION, AND DATABASE MAINTENANCE The Consultant shall:
a) Collect, compile and review field monitoring data. Evaluate data trends and provide periodic communication with City staff regarding data analyses. Maintain databases of monitoring and maintenance records. Notify and coordinate with public works and land development personnel when monitoring results, observations, or findings should be factored into building permit applications within the Districts. Provide Geographic Information System and mapping services. b) Prepare plans, specifications, and cost estimates for recommended capital improvements including dewatering wells, hydraugers, piezometers, and inclinometer facilities. Provide project administration and construction management and provide recommendations for future assessment district Capital Improvements. Recommendations for capital improvements for annual, 3-year, 5-year, etc.

TASK 4 - REPORTING AND REGULATORY COMPLIANCE
The Consultant Shall:
a) Prepare annual report summarizing monitoring data and maintenance operations (sample annual reports from prior years are available on the City’s website). b) Prepare quarterly and annual reports for submittal to the Regional Water Quality Control Board in accordance with the current NPDES permit requirements. c) Respond to requests from public agencies for data and provide regulatory consultation and support for compliance with Regional Water Quality Control Board requirements.

TASK 5 - PUBLIC OUTREACH (HOMEOWNER ASSOCIATION PRESENTATION):

The Consultant Shall:
a) Provide annual presentations at community and public meetings on the status of landslide maintenance areas and assessment districts.
b) Disseminate background information and data regarding landslide maintenance areas and assessment districts in response to public inquiries.

TASK 6 - EMERGENCY SERVICES:

The Consultant Shall:
a) Provide 24-hour, on-call emergency service support for landslide maintenance areas and assessment districts, including but not limited to consultation or after-hour emergency response and repairs not to exceed 3 hours and when deemed safe. This is subject to modification when agreed upon by both the City and Consultant.

TASK 7 - PROJECT ADMINISTRATION:

The Consultant Shall:
a) Provide project management for landslide maintenance area and assessment district activities. b) Provide cost estimates for annual budget reports and coordinate landslide maintenance area and assessment district activities with other agencies and City consultants.

TASK 8 - EXISTING FACILITIES INVENTORY AND EVALUATION:

The Consultant Shall:
a) Evaluate existing facilities and dewatering equipment in the Big Rock Mesa, Calle del Barco, and Malibu Road Landslide Assessment Districts and provide recommendations.

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Table 1 provides a summary of the equipment monitored and maintained at each of the landslide sites, how many of each, and how often they are monitored.

Table 1: Summary of Monitoring and Dewatering Facilities Type of
Monitoring
Instrument or
Dewatering
Device
Number of Active
Locations Brief Description Monitoring Frequency Maintenance Effort2

BRM CDB MR
Standpipe
Monitoring
wells
291 9 9 1.5-inch to 3.25-inch diameter perforated PVC,
aluminum, or casing, used to measure depth to
groundwater using electric sounder or by a
transducer/datalogger
Monthly direct read;
hourly data from
pressure transducer
low
Vibrating Wire
Piezometers
4 0 0 Sensors attached to cable and embedded in boreholes with inclinometer casing at various depths to measure
pore water pressure within multiple perched or
groundwater zones. Installed with datalogger and
programmed to read as needed, data is then manually
downloaded
Programmed to record
daily, can be
downloaded daily to
monthly
low
Inclinometer
Survey Casings
231 12 5 1.5-inch to 3.25-inch diameter grooved casings made of PVC, or aluminum used to survey for shear
displacement by a traversing inclinometer probe
quarterly to annually low
Time Domain
Reflectometry
(TDR) Cables
1 0 0 Coaxial cable embedded in borehole with inclinometer casing and spanning across previous shear zone. Used
to monitor for deformation. Installed with datalogger
and programmed to read as needed, data is then
manually downloaded
Programmed to record
daily, can be
downloaded daily to
monthly
low
Shape Array
(SAA)

0 1 1 A chain of in-place, 2-foot long sensorized segments installed in existing inclinometer casing and each
segment measures tilt in two directions. Sensor string
is programmed and records to a datalogger
Programmed to record
daily, can be
downloaded daily to
monthly
low
Dewatering
Wells
24 11 14 6-inch diameter steel or PVC casings equipped with 0.5 to 3HP submersible pump and connected to electrical
controls, pumped water flows through meter and into
conveyance piping to discharge
monthly high
Horizontal
Drains
(hydraugers)
36 11 19 1-inch to 1.5-inch perforated PVC casings drilled slightly higher than horizontal into the face of the bluff and into the slope for hundreds to thousands of feet
and used to drain groundwater that intercepts the
casing. Flow can be measured along PCH before it
flows to discharge
monthly high
Big Rock
Master Water
Meter
#0138193
1 0 0 Meters imported water to Big Rock Mesa, data
obtained from Los Angeles County Public Works
monthly N/A
Big Rock Mesa
Rain Gauge
#1239
1 1 1 Documented Rainfall, Data obtained from Los Angeles County Public Works
monthly N/A
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Type of
Monitoring
Instrument or
Dewatering
Device
Number of Active
Locations Brief Description Monitoring Frequency Maintenance Effort2

BRM CDB MR
PK Nail Crack
Gauges
5 0 0 PK survey nails set in the pavement to straddle
existing cracks within areas of previously documented
landslide related distress cracking
Quarterly to annually low
Discharge
Point
10,
now 3
0 0 Water quality sampling and testing in accordance with active LARWQB NPDES Compliance File CI-6893
Monthly/weekly Low to
medium
Notes: 1
- standpipe and inclinometer casings are same device. Some casings are no longer usable* to survey with a modern inclinometer probe but are used to collect groundwater level measurements. 2 - maintenance effort (generalized): “high” – services monthly, “medium” – services quarterly, “low” – services annually *No longer usable refers to inclinometer casings that are sheared, twisted, compressed, or otherwise deformed or damaged to an extent that an inclinometer probe cannot traverse the casing or survey data is un-reliable with current standard inclinometer survey equipment.

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EXHIBIT B

COMPENSATION SCHEDULE
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