Agenda Item # 1.B.7.
internal controls, ensure system functionality, and provide accurate and timely financial information.
The proposed Professional Services Agreement continues the City’s long-standing relationship and will establish a new three-year term with Springbrook to provide ongoing cloud-based software services, including system maintenance, technical support, software updates, and related professional services necessary to support the City’s financial operations. Maintaining these services will help ensure system reliability, operational continuity, and continued support for the City’s financial management. A multi-year agreement will ensure consistent service and secure pricing.
Staff recommend authorizing the Mayor to enter into a three-year agreement with Springbrook for a total not-to-exceed amount of $192,878.18 for the software subscription.
ATTACHMENTS: Professional Services Agreement with Springbrook Holding Company, LLC
Order Form: Q-53345-1
Creation Date: 5/13/2026, 9:54 AM
Expires On: 7/31/2026
Phone: (866) 777-0069
Email: [email protected]
Ship To:
City of Malibu, CA
23825 Stuart Ranch Rd
Malibu, California 90265
Bill To:
City of Malibu, CA
City of Malibu, CA
23825 Stuart Ranch Rd
Malibu, California 90265
[email protected]
Account Manager E-mail Phone Number Payment Terms
Samantha Rocheleau [email protected] Net 30
PRODUCT QTY NET PRICE
Project Management Subscription 1 USD 5,460.57
Human Resources Management Subscription 1 USD 1,994.13
Purchase Orders Subscription 1 USD 5,155.05
Finance Suite Subscription 1 USD 31,097.10
Payroll Subscription 1 USD 13,655.60
Employee Self Services Subscription 1 USD 3,820.16
Total: USD 61,182.61
Grand Total: USD 61,182.61
* excludes applicable sales tax
CONFIDENTIAL
Order Details
Customer Name: City of Malibu, CA
Customer Contact:
Governing Agreement(s): This Order Form is governed by the applicable terms found at:
MSA: https://sprbrk.app.box.com/v/sprbrk-saas-terms
MLA: https://sprbrk.app.box.com/v/sprbrk-onpremise-terms Professional Services: https://sprbrk.app.box.com/v/sprbrk-svcs-terms Term(s): 3 Years
Order Terms
In the event of an inconsistency between this Order Form, any governing agreement, purchase order, or invoice, the Order Form shall govern as it pertains to this transaction. • This Order Form shall become effective as of the last date of signature (the "Effective Date"). • Order Start Date: Software Licenses, Subscriptions, Maintenance, and Hosting commence upon the earlier of a) date of delivery* or log-in to hosted software to Customer; or b) 60 days after Order Form Effective Date. • Subscriptions, Maintenance, Hosting, and Support (“Recurring Services”) continue from the Order Start Date through the term listed in this Order Form (or if not listed, one (1) year). • Orders for Recurring Services auto-renew for three (3) years or for the term specified in this Order Form, unless the Customer or Springbrook provides a written notice of non-renewal at least sixty (60) days prior to the expiration of the current Order Term.
• Subscription Service fees and any Recurring Services will be subject to an automatic annual increase by not more than five percent (5%) of the prior year’s Subscription Service fees ("Standard Annual Price Increase").
• Any Software Licenses or Hardware are one-time non-refundable purchases. • CivicPay Online Subscription fee and CivicPay IVR Subscription fee are subject to increase at per account rate, based on actual accounts.
• CivicPay IVR Message Block Subscriptions expire upon the earlier exhaustion of the Message Block or twelve (12) months from the Order Start Date. Upon expiration, Message Blocks automatically renew. * The date of delivery of software to the Customer is the date the software is made available to the Customer, either by delivery of software or delivery of first log-in to a hosted environment, which may be either a test or production environment. This date of delivery is frequently earlier than the dates professional services are completed, the Customer completes user acceptance testing, the Customer distributes additional logins to end-users, and the Customer go-live in a production environment.
CONFIDENTIAL
Invoice Timing and Delivery
Invoices are delivered electronically via e-mail to the billing contact on file for the Customer. Customer invoices are issued for the full amount of software and services purchased as follows:
Products Ordered Invoice Timing
Software Licenses, Subscriptions,
Maintenance,
and Hosting (New):
Annually in advance upon Order Start Date.
Software Subscriptions, Maintenance,
and Hosting (Add-Ons):
Upon delivery of the product, order will be pro-rated to sync with the existing anniversary billing date and will renew annually thereafter.
Software Subscriptions (Migrations): Upon delivery of the product, order will be synced with the existing anniversary billing date and will renew annually thereafter unless specified in the Special Order Terms.
This order replaces and supersedes any previously executed order as it relates to the products listed within this order. Upon delivery of new product, customer will receive a prorated credit for any prepaid, unused maintenance fees that will be applied to the customer’s first invoice.
Software Licenses, Subscriptions,
Maintenance, and Hosting
(Renewal):
Sixty (60) days in advance of the Order Start Date.
Print Services and Transaction Fees: Monthly, in arrears for transactions in the prior month.
Hardware and One-Time Licenses: Upon the Effective Date of this Order Form.
Professional Service Key Terms and Conditions:
• Time and Material Pricing: Professional Services time and material pricing is based on expected hours using Springbrook’s standard implementation approach. While our goal is to provide accurate hour estimates, there may be variations in actual hours and charges. If project costs surpass the estimated hours within this order form by the greater of $15,000 or 20%, a signed change order is necessary to proceed. Adjustments below this threshold will be implemented and invoiced as incurred.
•
*On-Site Professional Services: On-Site professional services are billed at a daily minimum rate, regardless of time spent on-site. Travel expenses related to on-site travel will be invoiced as a separate line item as they are incurred. • Cancellation or Postponement: Customer agrees to participate in all scheduled meetings and minimize repeated cancellations. Customer shall provide no less than two (2) business days’ written notice should any scheduled meeting, training session or other activity need to be cancelled or postponed. If Customer fails to provide such notice, Springbrook shall invoice the Customer for the lost or delayed scheduled time, with a minimum charge of two (2) hours. Additional charges may apply based on the resources and preparation required for the meeting. • Customer Responsibilities: The customer will provide adequate internal resources and ensure the accuracy of all information provided to Springbrook. Customers are responsible for extracting data from any legacy systems and transferring the data into Springbrook’s import templates.
Special Order Terms
Special Order Terms (if any):
The term of this Agreement shall commence on July 1, 2026. This Agreement replaces and supersedes any previously executed agreements for the products and services listed herein.
CONFIDENTIAL
By signing, both parties agree to the terms and conditions set forth in this agreement. * If the Customer requires a PO number on invoices, the Customer must provide Springbrook with the PO number and a copy of the PO prior to invoice issuance. If a PO number is not provided prior to the invoice issuance date, invoices issued on this Order Form will be valid without a PO reference.
Springbrook Holding Company, LLC City of Malibu, CA
Signature: [[s|3]] Signature: [[s|1]]
Name (Print): [[n|3 ]] Name (Print): [[n|1 ]]
Title: [[ti|3|r:0 ]] Title: [[ti|1|r:0 ]]
Date: [[d|3 ]] Date: [[d|1 ]]
Approved as to form: [[i|2]]
CONFIDENTIAL
Agenda Item # 1.B.8.
Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Kristin Riesgo, Community Services Director Approved by: Joseph D. Irvin, City Manager
Date prepared: June 25, 2026 Meeting date: July 13, 2026 Subject: Zuma Foundation Assignment of Agreement to Zuma Beach Triathlon Productions LLC
RECOMMENDED ACTION: Authorize the City Manager to execute an Assignment, Assumption, and Consent Agreement with Zuma Beach Triathlon Productions LLC.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
STRATEGIC PLAN IMPLEMENTATION: N/A.
DISCUSSION: On October 28, 2024, the City entered into an Agreement with Zuma Foundation Inc. to conduct one of two road races in Malibu. Zuma Foundation Inc. agreed to the terms and conditions of Road Race Policy # 47, in addition to an annual donation, attendance requirements, noticing, etc.
In early 2026, Michael Epstein, Zuma Foundation Executive Director, contacted staff to request an Assignment of Agreement to Zuma Beach Triathlon Productions LLC. The agency has registered the event as an LLC for an additional layer of liability protection for the Zuma Foundation Board of Directors. Additionally, the structure allows financial flexibility and helps create long term sustainability for the event and its charity partners.
The operations of the Zuma Beach Triathlon will continue to be coordinated by residents with a majority of its board members being associated with Malibu. Donations will continue to be provided to a Malibu 501(c)(3) youth-based community-oriented charitable organization. The Agreement term will not change which expires in 2028.
An LLC Agreement aligns with the City’s second approved road race, Malibu Together LLC.
City Council Meeting
07-13-26
Item
1.B.8.
Agenda Item # 1.B.8.
ATTACHMENTS: Assignment, Assumption, and Consent Agreement with Zuma Beach Triathlon Productions LLC
ASSIGNMENT, ASSUMPTION, AND CONSENT AGREEMENT
THIS ASSIGNMENT, ASSUMPTION, AND CONSENT AGREEMENT (“Assignment”) is entered into as of July 13, 2026, by and among the City of Malibu, a municipal corporation ("City"), Zuma Foundation Inc., a California nonprofit corporation ("Assignor" or "Consultant"), and Zuma Beach Triathlon Productions LLC, a California limited liability company ("Assignee").
R E C I T A L S
A. On October 28, 2024, the City entered into an Agreement with Consultant to produce and conduct a triathlon race event within Malibu city limits and abide by the conditions outlined in the City’s Road Race Policy #47 (the “Agreement”).
B. Consultant desires to assign and transfer Consultant’s interest in the Agreement to Assignee.
C. City is willing to consent to the assignment of the Agreement from Consultant to Assignee, subject to the terms and conditions set forth herein.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties agree as follows:
1. Request. Pursuant to Section 6.8 of the Agreement, Consultant hereby requests permission to assign the Agreement between the City and Consultant to Assignee.
Consultant has requested an assignment because it is changing the type of business entity it operates as from a nonprofit corporation to a limited liability company.
Assignee warrants that it possess the skill and training to fully undertake the obligations of the Consultant under the Agreement and agree to all its terms.
2. Approval. This request is hereby approved by the City as of July 13, 2026, and shall be effective as of July 13, 2026. Assignee hereby accepts the assignment of the Agreement and assumes and agrees to perform, satisfy, and discharge all duties, obligations, liabilities, and responsibilities of Consultant arising under or relating to the Agreement from and after the effective date of this Assignment and Assumption Agreement..
3. Notice. Any notice required to be given under the Agreement to Assignee shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
Michael Epstein
Director
Zuma Beach Triathlon Productions LLC
30765 Pacific Coast Hwy #331
Malibu, CA 90265
The City’s notice information shall remain the same as set forth in the Agreement.
4. Limited Amendment. Except as expressly modified by this Assignment, all terms, covenants, and conditions of the Agreement shall remain unchanged and in full force and effect.
Docusign Envelope ID: 9DBCEC82-6328-8808-83B2-CCFD8EAF45C8
ASSIGNMENT, ASSUMPTION, AND CONSENT AGREEMENT
Zuma Foundation Inc.
_____________________
2 5. Counterparts. This Assignment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
6. Governing Law. This Assignment shall be governed by, interpreted under, and construed and enforceable with, the laws of the State of California.
7. Surviving Obligations. Nothing in this Assignment and Assumption Agreement shall be deemed a release of Assignor from any obligations or liabilities accrued or arising under the Agreement prior to the effective date of this Assignment and Assumption Agreement.
[DOCUMENT EXECUTION OCCURS ON THE FOLLOWING PAGE]
Docusign Envelope ID: 9DBCEC82-6328-8808-83B2-CCFD8EAF45C8
ASSIGNMENT, ASSUMPTION, AND CONSENT AGREEMENT
Zuma Foundation Inc.
_____________________
3 CONSULTANT: Zuma Foundation Inc., ASSIGNEE: Zuma Beach Triathlon Productions a California nonprofit corporation: LLC, a California limited liability company ____________________________________ _____________________________________ By: MICHAEL EPSTEIN By: MICHAEL EPSTEIN
Title: Executive Director Title: Director
Contact: [email protected] Contact: [email protected] CITY OF MALIBU:
___________________________________
JOSEPH D. IRVIN, City Manager
ATTEST: APPROVED AS TO FORM:
___________________________________ __________________________________ KELSEY PETTIJOHN, City Clerk TREVOR RUSIN, Interim City Attorney (seal)
Docusign Envelope ID: 9DBCEC82-6328-8808-83B2-CCFD8EAF45C8
Agenda Item # 1.B.9.
Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Brittany Saleaumua, Management Analyst
Reviewed by: Kristin Riesgo, Community Services Director Approved by: Joseph D. Irvin, City Manager
Date prepared: June 25, 2026 Meeting date: July 13, 2026 Subject: Amendment to Agreement with American Global Security, Inc.
RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 3 with American Global Security, Inc. to extend the Agreement term for one year for security services and to secure and close City parks.
FISCAL IMPACT: No additional appropriation is required. Funding for this agreement is included in the Adopted Budget for FY 2026-27 in Account No. 100-4010-5100-00 (Park Maintenance Professional Services).
Agreement Compensation
Initial Agreement $48,000
Amendment No. 1 $63,000
Amendment No. 2 $75,000
Amendment No. 3 $65,000
Agreement Total $251,000
STRATEGIC PLAN IMPLEMENTATION: N/A.
DISCUSSION: On July 10, 2023, the City entered into a three-year Professional Services Agreement with American Global Security, Inc. (AGS) to secure and close park entrance gates and restrooms at the Malibu Equestrian Park, Las Flores Creek Park, and Trancas Canyon Park every day.
On June 24, 2024, the City amended the Agreement to include security personnel for special events and facility rentals. In late 2025, concerns about park security were raised.
City Council Meeting
07-13-26
Item
1.B.9.
Agenda Item # 1.B.9.
On December 8, 2025, the City Council approved funding for two-armed guards to patrol Legacy Park and Malibu Bluffs Park. These daily armed-guard services were provided from December 9, 2025, through April 9, 2026.
Amendment No. 3 will extend the term of the Agreement for daily park closures and special event security. Staff receives daily reports from AGS which includes data on closure times, issues, and park attendance. AGS has provided excellent service while effectively communicating with staff to meet the City’s expectations. With the current Agreement expiring on August 22, 2026, staff worked with AGS on a proposal to extend the Agreement for one additional year through August 22, 2027. The proposal would increase the annual cost 4.7%, which reflects increased labor and operating costs. Security services expenses for special events are not expected to increase. Staff also requested an update on costs for an unarmed guard, an armed guard, and a security vehicle, which were not outlined in the original agreement.
The Agreement allows for an extension, if both parties mutually agree, subject to City Council approval. If approved, this Amendment would represent the first extension of the Agreement.
ATTACHMENTS: Amendment No. 3 to Agreement with American Global Security, Inc.
AMENDMENT NO. 3 TO AGREEMENT
THIS AMENDMENT NO. 3 TO AGREEMENT is made and entered in the City of Malibu on July 13, 2026, by and between the CITY OF MALIBU, a municipal corporation, hereinafter referred to as City, and American Global Security, Inc., a California stock 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 July 10, 2023, the City entered into an Agreement with Consultant to provide security services for daily park closures at the Malibu Equestrian Park, Las Flores Creek Park, and Trancas Canyon Park and provide additional security services for special events and facility rentals, as needed (the “Agreement”).
B. On June 24, 2024, the City amended the agreement to set the cost of daily services at $3,150 per month and the cost of special event services at $24,900 annually, for a total not to exceed $63,000 annually.
C. On December 8, 2025, the City amended the agreement to provide daily armed guard services at Legacy Park and Malibu Bluffs Park from December 9, 2025 through April 9, 2026.
D. The City desires to amend the Agreement to extend the term by an additional year and increase compensation for daily park closures at the Malibu Equestrian Park, Las Flores Creek Park, and Trancas Canyon Park and continue to provide security services for special events and facility rentals. The Consultant has submitted a proposal for this purpose that is acceptable to the City.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
1. Section 2.0 – Term of Agreement, of the Agreement, is hereby extended to August 22, 2027.
2. Section 4.0 – Compensation for Services, of the Agreement, is hereby amended as set forth in Exhibit A attached hereto to increase the total monthly compensation to $3,297 per month for daily security services at Malibu Equestrian Park, Las Flores Creek Park, and Trancas Canyon Park, and the total annual compensation for security services at special events to $24,900, for a total amount not to exceed $65,000.
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 No. 3 remain in full force and effect.
This Agreement is executed on ________________, at Malibu, California, and effective as of July 13, 2026.
Docusign Envelope ID: 444BED73-E6F6-8475-836A-E262ACE32586 Amendment No. 3 to Agreement
American Global Security, Inc.
_____________________
255-2
CITY OF MALIBU:
____________________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
____________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM: AMERICAN GLOBAL SECURITY,
a California stock corporation:
_____________________________________ ____________________________________ TREVOR RUSIN, Interim City Attorney By: Sulaiman Wardak Title: Regional Vice President
Docusign Envelope ID: 444BED73-E6F6-8475-836A-E262ACE32586 City of Malibu
Security Services
2026 Fee Schedule Form
City Facilities
Las Flores Creek Park $____________________ per month
Malibu Equestrian Park $____________________ per month
Trancas Canyon Park $____________________ per month
Total Monthly Cost $____ _ ______________
Total Annual Cost $____________________
Other Security Services (as needed)
Event Security Personnel (unarmed) $____________________ per hour Event Security Personnel – Overtime Rate* $____________________ per hour Event Security Personnel – Holiday Rate** $ ____________________ per hour Armed Guard Personnel $____________________ per hour
Armed Guard Personnel – Overtime Rate* $____________________ per hour Armed Guard Personnel – Holiday Rate** $ ____________________ per hour Emergency Services Personnel $____________________ per hour Company Vehicle $____________________ per hour
Other Fees (specify): ____________________ $____________________ per _____ Other Fees (specify): ____________________ $____________________ per _____ Agency Name: ___________________________________________________________ Agency Phone/Email: _____________________________________________________ Agency President or CEO: _________________________________________________ *Overtime Rate is applied after 8 hours.
1099.00
1099.00
1099.00
3297.00
39,564
34.99 51.99
51.99 39.99
59.99 59.99
36.99 6.99
AMERICAN GLOBAL SECURITY INC
818-350-1000 / [email protected]
Sulaiman A Wali
Amendment No. 3 to Agreement
American Global Security, Inc.
Exhibit A
Docusign Envelope ID: 444BED73-E6F6-8475-836A-E262ACE32586
Agenda Item # 1.B.10.
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 Approved by: Joseph D. Irvin, City Manager
Date prepared: June 24, 2026 Meeting date: July 13, 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.
City Council Meeting
07-13-26
Item
1.B.10.
Agenda Item # 1.B.10.
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 July 13, 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 June 23, 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.
Docusign Envelope ID: D96D187F-2276-841C-82BD-07982693EE4C Professional Services Agreement
Yeh and Associates, Inc., a Colorado corporation
Updated 4/27/2026
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.
Docusign Envelope ID: D96D187F-2276-841C-82BD-07982693EE4C Professional Services Agreement
Yeh and Associates, Inc., a Colorado corporation
Updated 4/27/2026
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, , 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, or are caused by the negligence, recklessness, or willful misconduct of the Consultant.
Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault.
Consultant’s percentage of fault, for both indemnity and defense, shall be determined, as applicable, by a court of law, jury, or arbitrator. In the event any loss, liability, or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, and the Parties cannot mutually agree on Consultant’s percentage of fault, the Parties agree to mediation with a neutral third-party to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City.
6.5.1. Duty to defend. In the event the Indemnified Parties, individually or collectively, are made a party to any action, lawsuit, or other adversarial proceeding arising from Docusign Envelope ID: D96D187F-2276-841C-82BD-07982693EE4C Professional Services Agreement
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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 not 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. Only to the extent allowed by California Civil Code 2782.8, the 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.
6.9 Legal Construction.
a) This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced, and governed under the laws of the State of California. Any and all disputes arising from this Agreement shall be decided solely and exclusively by state or federal courts located in Los Angeles County. b) This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the Parties participated equally in the drafting of same, and any rule of construction that a document is to be construed Docusign Envelope ID: D96D187F-2276-841C-82BD-07982693EE4C Professional Services Agreement
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against the drafting party shall not be applicable to this Agreement. c) The article and section, captions and headings herein have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.
d) Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.
6.10 Counterparts. This Agreement may be executed in counterparts and as so executed shall constitute an agreement which shall be binding upon all Parties hereto.
6.11 Final Payment Acceptance Constitutes Release. The acceptance by the Consultant of the final payment made under this Agreement shall operate as and be a release of the City from all claims and liabilities for compensation to the Consultant for anything done, furnished or relating to the Consultant’s work or services. Acceptance of payment shall be any negotiation of the City’s check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the City shall not constitute, nor be deemed, a release of the responsibility and liability of the Consultant, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the City for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents.
6.12 Corrections. In addition to the above indemnification obligations, the Consultant shall correct, at its 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 Docusign Envelope ID: D96D187F-2276-841C-82BD-07982693EE4C Professional Services Agreement
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affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a Party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.
6.15 Mitigation of Damages. In all such situations arising out of this Agreement, the Parties shall attempt to avoid and minimize the damages resulting from the conduct of the other Party.
6.16 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
6.17 Attorneys’ Fees 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]
6.20 Warranty of Authorized Signatories and Acceptance of Facsimile or Electronic Signatures. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she Docusign Envelope ID: D96D187F-2276-841C-82BD-07982693EE4C Professional Services Agreement
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purports to sign. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.
6.21 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.
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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, 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
Docusign Envelope ID: D96D187F-2276-841C-82BD-07982693EE4C Professional Services Agreement
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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 Docusign Envelope ID: D96D187F-2276-841C-82BD-07982693EE4C 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.
Docusign Envelope ID: D96D187F-2276-841C-82BD-07982693EE4C Professional Services Agreement
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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
Docusign Envelope ID: D96D187F-2276-841C-82BD-07982693EE4C Professional Services Agreement
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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.
Docusign Envelope ID: D96D187F-2276-841C-82BD-07982693EE4C Professional Services Agreement
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EXHIBIT B
COMPENSATION SCHEDULE
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Docusign Envelope ID: D96D187F-2276-841C-82BD-07982693EE4C Professional Services Agreement
Yeh and Associates, Inc., a Colorado corporation
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Docusign Envelope ID: D96D187F-2276-841C-82BD-07982693EE4C Professional Services Agreement
Yeh and Associates, Inc., a Colorado corporation
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Docusign Envelope ID: D96D187F-2276-841C-82BD-07982693EE4C Professional Services Agreement
Yeh and Associates, Inc., a Colorado corporation
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Docusign Envelope ID: D96D187F-2276-841C-82BD-07982693EE4C Professional Services Agreement
Yeh and Associates, Inc., a Colorado corporation
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Docusign Envelope ID: D96D187F-2276-841C-82BD-07982693EE4C Professional Services Agreement
Yeh and Associates, Inc., a Colorado corporation
Updated 4/27/2026
Docusign Envelope ID: D96D187F-2276-841C-82BD-07982693EE4C Professional Services Agreement
Yeh and Associates, Inc., a Colorado corporation
Updated 4/27/2026
Docusign Envelope ID: D96D187F-2276-841C-82BD-07982693EE4C Professional Services Agreement
Yeh and Associates, Inc., a Colorado corporation
Updated 4/27/2026
Docusign Envelope ID: D96D187F-2276-841C-82BD-07982693EE4C Professional Services Agreement
Yeh and Associates, Inc., a Colorado corporation
Updated 4/27/2026
Docusign Envelope ID: D96D187F-2276-841C-82BD-07982693EE4C Professional Services Agreement
Yeh and Associates, Inc., a Colorado corporation
Updated 4/27/2026
Docusign Envelope ID: D96D187F-2276-841C-82BD-07982693EE4C Professional Services Agreement
Yeh and Associates, Inc., a Colorado corporation
Updated 4/27/2026
Docusign Envelope ID: D96D187F-2276-841C-82BD-07982693EE4C Professional Services Agreement
Yeh and Associates, Inc., a Colorado corporation
Updated 4/27/2026
Docusign Envelope ID: D96D187F-2276-841C-82BD-07982693EE4C Professional Services Agreement
Yeh and Associates, Inc., a Colorado corporation
Updated 4/27/2026
Docusign Envelope ID: D96D187F-2276-841C-82BD-07982693EE4C Professional Services Agreement
Yeh and Associates, Inc., a Colorado corporation
Updated 4/27/2026
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting Consultant’s indemnification of City, and prior to commencement of work and/or services under this Agreement, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended.
Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).
Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
Umbrella or Excess Liability Insurance. Consultant shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
• “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies.
Should Consultant obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of Docusign Envelope ID: D96D187F-2276-841C-82BD-07982693EE4C Professional Services Agreement
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the underlying policies.
OTHER PROVISIONS OR REQUIREMENTS
Proof of Insurance. Consultant shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance.
Current certification of insurance shall be kept on file with City for the contract period and any additional length of time required thereafter. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of Coverage. Consultant shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Consultant, their agents, representatives, employees, or subconsultants.
Primary/Noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.
City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of Contract Provisions (Non Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
Docusign Envelope ID: D96D187F-2276-841C-82BD-07982693EE4C Professional Services Agreement
Yeh and Associates, Inc., a Colorado corporation
Updated 4/27/2026
Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the City immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.
Additional Insured Status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.
Prohibition Of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
Separation of Insureds. A severability of interests’ provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass Through Clause. Consultant agrees to ensure that any approved subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s Subcontractor cannot comply with this requirement, which proof must be submitted to the City, Consultant may still be able to utilize the Subcontractor provided Consultant shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with the Consultant’s requirements under this Agreement. This provision does not relieve the Consultant of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Consultant with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Docusign Envelope ID: D96D187F-2276-841C-82BD-07982693EE4C Professional Services Agreement
Yeh and Associates, Inc., a Colorado corporation
Updated 4/27/2026
Consultant under this Agreement given the limited scope of work or services provided by the subcontractor. Consultant agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to City for review.
City’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days’ advance written notice of such change. If such a change results in substantial additional costs to the Consultant, the City and Consultant may renegotiate the Consultant’s compensation.
Self-Insured Retentions. Any self-insured retentions must be declared to and approved by the City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.
Timely Notice Of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional Insurance. The consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
Docusign Envelope ID: D96D187F-2276-841C-82BD-07982693EE4C
Agenda Item # 1.B.11.
Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Nadia Fahoum, Associate Engineer
Reviewed by: Tatiana Holden, Assistant Public Works Director/Assistant City Engineer
Approved by: Joseph D. Irvin, City Manager
Date prepared: June 24, 2026 Meeting date: July 13, 2026 Subject: Amendment to Professional Services Agreement with Kimley-Horn and Associates, Inc
RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 1 to Professional Services Agreement with Kimley-Horn and Associates, Inc. for additional engineering design services and support during construction of the Pacific Coast Highway Quick Build Roundabout project in the amount $184,980 for a new total not to exceed $464,356.
FISCAL IMPACT: No additional appropriation is required. This project is funded through the Los Angeles County Metro Measure M Subregional Highway Funds in the amount of $2,000,000. This funding is included in the Adopted Budget for Fiscal Year 2026-2027 in Account No. 310-9078-5100 (Pacific Coast Highway Quick Build Roundabouts Project).
The proposed amendment with Kimley Horn will complete the project design phase of the project in an amount not to exceed $464,356. The amendment includes preparation of the additional final design documents and evacuation analysis.
Project Funding
Metro Measure M $2,000,000
Project Costs
Kimley Horn Design Contract - Original $279,376
Proposed Contract Amendment $184,980
Total Kimley Horn Design Contract $464,356
Estimated Construction Cost $1,535,644
Project Total Costs $2,000,000
City Council Meeting
07-13-26
Item
1.B.11.
Agenda Item # 1.B.11.
STRATEGIC PLAN IMPLEMENTATION: This item supports the City’s 2025-2028 Strategic Plan Goal 4: Improve Public Safety.
Goal 4: Improve Public Safety
Objective 4.1: Reduce injury and fatal collisions on Pacific Coast Highway (PCH) Strategy: Commit to setting speed limits based on crash risk, street type, and presence of vulnerable users—not just 85th percentile speed, and using legislative advocacy DISCUSSION: On March 24, 2025, the City entered into an agreement with Kimley-Horn and Associates to provide engineering design services for the PCH Quick Build Roundabouts Project. The project objective is to improve the safety and operations of the highway through strategically placing and constructing “quick build” modular roundabouts at the intersections of Encinal Canyon Road and El Matador Beach along PCH, providing continuous traffic flow, speed control, and improved accessibility for pedestrians and cyclists.
Through the permitting phase, this project exceeded the original scope of work as a result of substantial design changes as well as supporting work required as a result of the project being appealed to both the City Council and California Coastal Commission. On March 18, the City Council denied the appeal and approved CDP No. 25-041, subject to the following conditions: staff would perform an evacuation model, amongst other simulations, and provide an update for City Council determination on whether to proceed forward with the project.
This amendment includes the preparation of additionally requested necessary project documentation including evacuation simulation and reports, Design Support Decision Document (DSDD) documentation, Design Engineering and Evaluation Report (DEER), and Storm Water Data Report (SWDR) for the proposed improvements. This work is largely complete and is eligible through Measure M funding.
The project is currently scheduled to be heard by the City Council on August 10, 2026, for a project update and project review and approval to proceed into the construction phase.
ATTACHMENTS: Amendment No. 1 to Professional Services Agreement with Kimley-Horn and Associates
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 July 13, 2026, by and between the City of Malibu, a municipal corporation, hereinafter referred to as City, and Kimley-Horn and Associates, a North Carolina 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 March 24, 2025, the City entered into an Agreement with Consultant for engineering design services for the Pacific Coast Highway Roundabouts near El Matador Beach and Encinal Canyon Road (the “Agreement”).
B. The Parties desires to amend the Agreement to increase compensation and increase the scope of work to include community outreach including educational materials and additional public meetings, design support decision document, design engineering and evaluation report, SWDR, traffic operations memo, and evacuation analysis, 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 1.0 of the Agreement (Scope of Work), is hereby amended as set forth in Exhibit A attached hereto. In addition to the services that shall be performed under the Agreement, the Scope of Work shall now include additional community outreach and public meetings including preparation of educational materials; preparation of a design support decision document, design engineering and evaluation report, SWDR and traffic operations memo; and to conduct an evacuation analysis.
2. Section 4.0 of the Agreement (Compensation for Services), is hereby amended as set forth in Exhibit B attached hereto. The cost of services for the Agreement is increased in the amount of $184,980 for a total not to exceed $464,356 as shown in Exhibit B attached to this Amendment No. 1.
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 Docusign Envelope ID: B590D956-D5FF-822E-837B-9196A4DB3544 Amendment No. 1 to Agreement
Kimley-Horn and Associates, North Carolina corporation
_____________________
255-2
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 No. 1 remain in full force and effect.
7. The effective date of this Amendment is January 12, 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: KIMLEY-HORN AND ASSOCIATES,
a North Carolina corporation
____________________________________ By: _________________________________ TREVOR RUSIN, Interim City Attorney Sri Chakravarthy, PE, TE Senior Vice President
Docusign Envelope ID: B590D956-D5FF-822E-837B-9196A4DB3544 Amendment No. 1 to Agreement
Kimley-Horn and Associates, North Carolina corporation
_____________________
255-3
EXIBIT A
SCOPE OF WORK
Kimley Horn will provide the following scope of work as outlined below.
TASK 1 – COMMUNITY OUTREACH EDUCATIONAL MATERIALS/MEETINGS Kimley-Horn will prepare educational information in support of the City’s community outreach regarding the proposed roundabouts. This information will also be incorporated into the City’s website. These informational materials will help educate the community on the benefits of the project and how to use roundabouts. We anticipate preparing the following:
- Educational Materials/Flyers
- General Practice/Rules of the Road Graphic or short video on how the roundabout operation during an emergency
We anticipate up to one (1) round of consolidated set of comments by City.
We will prepare for and attend up to four (4) public meetings. These meetings could include community outreach meetings, Planning Commission, and/or City Council Meetings.
TASK 2 – DESIGN SUPPORT DECISION DOCUMENT (DSDD)
Caltrans has requested that a DSDD be prepared to document the non-standard design features as part of the project. We will identify the design standard for which documentation is required, reason for not using design standard, supporting documentation, and other relevant discussion in a Caltrans specified format for review and approval by City and Caltrans. We have assumed that any data necessary for DSDD will be provided by Caltrans and City. We anticipate up to two (2) rounds of consolidated set of comment by Caltrans and City.
TASK 2 Deliverables:
• Draft and Final DSDD
TASK 3 – DESIGN ENGINEERING AND EVALUATION REPORT (DEER) SWDR, AND TRAFFIC OPERATIONS Memo
Kimley-Horn will prepare DEER, SWDR, and traffic operations memo requested by Caltrans as a supplemental document for permit approval. We will include project background including any community interaction/public engagement, purpose and need for the project, traffic management and operations impact, pre and post construction assessment, and other relevant information for Caltrans review. We have assumed that any data necessary for these reports will be provided by Caltrans. We anticipate up to two (2) rounds of consolidated set of comment by Caltrans and City.
TASK 3 Deliverables:
• Draft and Final DEER, SWDR, and Traffic Operations Memo TASK 4 – PROJECT MANAGEMENT AND PS&E COMMENTS
Kimley-Horn will continue to provide project management for each task detailed in this scope of services and attend up to three (3) additional meetings with the Project Development Team (PDT).
This will include providing project management, administrative support, and project accounting for up to three (3) additional months of the duration of the project and coordination with Caltrans and the City.
Docusign Envelope ID: B590D956-D5FF-822E-837B-9196A4DB3544 Amendment No. 1 to Agreement
Kimley-Horn and Associates, North Carolina corporation
_____________________
255-4
We will incorporate an additional set of comments from Caltrans/City and update the PS&E package.
TASK 4 Deliverables:
• Project Management and Meetings for additional three (3) months • One (1) round of addressing comments on the PS&E package TASK 5 – EVACUATION ANALYSIS
TASK 5.1: COLLECT AND REVIEW DATA
Kimley-Horn will collect and review traffic, roadway geometry, historic wildfire, and evacuationrelated data within the study area extending from west of Malibu Canyon Road to Mulholland Highway, including Pacific Coast Highway (PCH). This task will focus on data relevant to evacuation performance and emergency operations in the context of the proposed quick-build roundabouts. Available traffic volumes, roadway configurations, traffic control, and operational constraints along PCH and key canyon routes will be reviewed. Historic evacuation and wildfire data available for the past five years will be compiled to establish baseline conditions. We have assumed that City staff will coordinate with emergency responders to confirm assumptions and ensure the analysis reflects local operational practices and emergency response considerations requested by City Council.
TASK 5.2: DEVELOP EVACUATION SCENARIOS
Kimley-Horn will develop evacuation scenarios representing both existing (no-build) conditions and proposed quick-build roundabout (build) conditions, consistent with City Council direction.
Scenarios will incorporate designated evacuation routes, background traffic, and evacuation demand across PCH and connected canyon roadways. Each scenario will be evaluated with and without Public Safety Power Shutoff (PSPS) conditions, assuming up to 12 traffic signals between Malibu Canyon Road and Trancas operate as all-way stop control during outages. The Ventura County line pinch point, where PCH transitions to one lane in each direction, will be explicitly included to reflect known downstream capacity constraints affecting evacuation performance.
TASK 5.3: SIMULATE EVACUATION SCENARIOS
Kimley-Horn will use its AEGIS Evacuation modeling software to simulate evacuation operations under both no-build and quick-build roundabout conditions within the study limits. The model will represent network-wide interactions, including traffic control changes, route choice behavior, congestion propagation, and evacuation demand loading. We have assumed City will provide the necessary GIS parcel data. Simulations will be structured to directly address City Council questions regarding how the quick-build roundabouts perform relative to existing conditions during emergency evacuations. Modeling assumptions and inputs will be documented to support transparency and defensibility of results presented to decision-makers.
TASK 5.4: EVALUATE PERFORMANCE METRICS
Kimley-Horn will evaluate and compare evacuation performance metrics for each scenario, including total evacuation clearance times, delays, queue lengths, and roadway volumes. Metrics will be summarized for the overall corridor and for critical locations along PCH and canyon interfaces. Particular emphasis will be placed on differences between existing and quick-build conditions under both normal and PSPS-affected operations. These quantified results will form the basis for clear, side-by-side comparisons requested by City Council.
Docusign Envelope ID: B590D956-D5FF-822E-837B-9196A4DB3544 Amendment No. 1 to Agreement
Kimley-Horn and Associates, North Carolina corporation
_____________________
255-5
TASK 5.5: ASSESS PROJECT IMPACTS
Kimley-Horn will assess the operational impacts of the proposed quick-build roundabouts by comparing modeled evacuation scenarios. This assessment will identify bottlenecks, choke points, and areas of operational change along the PCH roundabout study limits. The analysis will consider how changes in traffic control, geometry, and downstream constraints influence evacuation efficiency. Findings will be framed to clearly communicate whether and how the quickbuild project affects evacuation performance relative to existing conditions.
TASK 5.6: SUMMARIZE RESULTS AND RECOMMENDATIONS
Kimley-Horn will prepare a concise technical memorandum summarizing the evacuation analysis methodology, assumptions, results, and key findings in a format suitable for the administrative record. The memo will include clear conclusions responsive to City Council’s request for evacuation performance evaluation of the quick-build roundabouts. In addition, Kimley-Horn will develop an interactive HTML dashboard to visually present scenarios, performance metrics, and comparative outcomes. These materials will be designed to support City staff briefings and City Council
TASK 5.7: SIMLUATION VIDEOS, MEETINGS, AND CITY COUNCIL SUPPORT Kimley-Horn will prepare two new video simulations illustrating normal quick-build roundabout operations for use in City Council and public presentations. One video will demonstrate groups of cyclists navigating through the roundabout and interacting with vehicles and pedestrians. The second video will illustrate turning movements and access for service and emergency vehicles— including waste management, fire, ambulance, mail services, and error vehicles—serving adjacent private driveways, with attention to vehicle swept paths and mobility movements. These visualizations will support City Council understanding of multimodal and emergency access considerations.
Kimley-Horn will attend up to two coordination meetings with City staff to review assumptions, interim findings, and draft results. The team will support preparation of presentation materials for City Council, including figures, graphics, simulation outputs, and summary talking points tailored to Council direction. This task is intended to directly support City Council’s evaluation of the quickbuild roundabouts on PCH.
Docusign Envelope ID: B590D956-D5FF-822E-837B-9196A4DB3544 Amendment No. 1 to Agreement
Kimley-Horn and Associates, North Carolina corporation
_____________________
255-6
EXHIBIT B
COMPENSATION SCHEDULE
Docusign Envelope ID: B590D956-D5FF-822E-837B-9196A4DB3544 Agenda Item # 5.A.
Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Renée Neermann, Financial Controller
Reviewed by: Christopher Smith, Assistant City Manager
Approved by: Joseph D. Irvin, City Manager
Date prepared: June 25, 2026 Meeting date: July 13, 2026 Subject: Schedule of Fees Fiscal Year 2026-27
RECOMMENDED ACTION: 1) Conduct the Public Hearing; and 2) Adopt Resolution No. 26-50 establishing the Schedule of Fees for Fiscal Year 2026-27.
FISCAL IMPACT: The Schedule of Fees establishes the amounts the City may charge for services. The City’s FY 2026-27 annual budget includes approximately $5.6 million in revenue from service charges and approximately $6.0 million in revenue from licenses and permits.
WORK PLAN: This item was not included in the Adopted Work Plan for Fiscal Year 2026-27 because it is part of normal staff operations.
DISCUSSION: State law requires agencies such as the City of Malibu to charge customers only the fees necessary to recover the costs of providing services and prohibits fees that exceed the cost of the services rendered. If the FY 2026-27 Schedule of Fees is approved, the revised fees will not generate revenue that exceeds this standard.
In FY 2015-16, the City completed a comprehensive fee study that analyzed all fees and service charges. The rates established in that study served as the base amounts, which were increased annually through cost-of-living adjustments.
Because annual adjustments were based only on inflation, and because City operations and staffing had changed since FY 2015-16, the City determined that an updated study was needed to ensure that fees remained aligned with full cost recovery. To initiate a City Council Meeting
07-13-26
Item
5.A.
Agenda Item # 5.A.
review of the City’s existing fee structure, the City issued a Request for Proposals (RFP) on August 3, 2023, which closed on August 29, 2023. The City selected Matrix Consulting Group, Ltd. (Matrix) and entered into an agreement with Matrix in November 2023, with work beginning in January 2024.
Matrix conducted a comprehensive study that included data collection, staff interviews, preparation of a cost allocation plan for internal and indirect costs, an updated Schedule of Fees, presentation of results, and a new fee workbook for annual updates. Matrix completed its work in April 2024.
Because no fee adjustments have been implemented since that time, staff applied Consumer Price Index (CPI) increases to the proposed fee schedule for each intervening fiscal year: 3.4% for FY 2024-25, 3.1% for FY 2025-26, and 2.9% for FY 2026-27. The cumulative adjustment reflects the total inflationary impact over the period during which the fee schedule remained unchanged. While this results in higher fee increases than a single-year adjustment, it more accurately aligns fee revenues with the current cost of providing services.
On May 26, 2026, the City Council reviewed the proposed fee schedule and requested additional discussion regarding the City’s appeal fee. Following that discussion on June 22, 2026, the City Council directed staff to retain the existing appeal fee of $750 per appeal.
The Resolution and proposed Fiscal Year 2026-27 Schedule of Fees (Attachment 1), which incorporates the City Council’s direction, are attached to this staff report. The schedule includes updated fees that reflect actual City costs, as determined by the fee study, as well as cost-of-living adjustments for the period between completion of the fee study and the current fiscal year.
In compliance with Government Code, staff noticed the public hearing on the Schedule of Fees for July 13, 2026. If the City Council adopts Resolution No. 26-50, the fees would become effective on September 11, 2026, following the required Government Code 60-day waiting period.
Staff recommends that the City Council conduct the public hearing and adopt Resolution No. 26-50 establishing the FY 2026-27 Schedule of Fees.
ATTACHMENTS:
1. Resolution No. 26-50 establishing the Fiscal Year 2026-27 Schedule of Fees
2. Public Hearing Notice
RESOLUTION NO. 26-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
ESTABLISHING THE FISCAL YEAR 2026-27 SCHEDULE OF FEES
The City Council of the City of Malibu does hereby find, order and resolve as follows:
SECTION 1. The City Council has reviewed the Fiscal Year 2026-27 Schedule of Fees. The City Council finds that the fees for permit processing and other services do not exceed the reasonable cost of services directly conferred to the payer and are not otherwise provided to those not paying the fee. The City Council further finds that the fees for costs of regulation do not exceed the reasonable cost of regulation by the City.
SECTION 2. The City Council hereby approves the 2026-27 Schedule of Fees (Exhibit A).
SECTION 3. The City Clerk shall certify the adoption of this resolution and shall cause the same to be processed in the manner provided by law. Pursuant to Government Code Section 66017(a), the fee increases and new fees shall be effective sixty days from the date of adoption of this Resolution.
PASSED, APPROVED, and ADOPTED this 13th day of July 2026. _____________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
ATTACHMENT 1
Resolution No. 26-50
_____________________
EXHIBIT A
Resolution No. 26-50
_____________________
Resolution No. 26-50
_____________________
Resolution No. 26-50
_____________________
Resolution No. 26-50
_____________________
Resolution No. 26-50
_____________________
Resolution No. 26-50
_____________________
Resolution No. 26-50
_____________________
Resolution No. 26-50
_____________________
Resolution No. 26-50
_____________________
Resolution No. 26-50
_____________________
Resolution No. 26-50
_____________________
Resolution No. 26-50
_____________________
Resolution No. 26-50
_____________________
Resolution No. 26-50
_____________________
Resolution No. 26-50
_____________________
Resolution No. 26-50
_____________________
Resolution No. 26-50
_____________________
Resolution No. 26-50
_____________________
Resolution No. 26-50
_____________________
Resolution No. 26-50
_____________________
Resolution No. 26-50
_____________________
Resolution No. 26-50
_____________________
Resolution No. 26-50
_____________________
Resolution No. 26-50
_____________________
Resolution No. 26-50
_____________________
NOTICE OF PUBLIC HEARING
CITY OF MALIBU
CITY COUNCIL
The Malibu City Council will hold a public hearing on MONDAY, July 13, 2026, at 5:30 p.m. on the item listed below in the Council Chambers at Malibu City Hall, located at 23825 Stuart Ranch Road, Malibu, CA.
Public comment can be submitted ahead of the public hearing to [email protected] for inclusion in the public record. To participate during the public hearing, please review the meeting agenda posted at MalibuCity.org/AgendaCenter and follow the directions for public participation.
FY 2026-27 SCHEDULE OF FEES
IF YOU CHALLENGE THE CITY COUNCIL’S ACTION IN COURT, YOU MAY BE LIMITED TO
RAISING ONLY THOSE ISSUES RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS
NOTICE, OR OTHERWISE HELD BY THE CITY, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY, EITHER AT OR PRIOR TO THE PUBLIC HEARING.
If there are any questions regarding this notice, please contact Renée Neermann, Financial Controller, at (310) 456-2489, ext. 222. Copies of all related documents can be reviewed by any interested person at City Hall during regular business hours. Oral and written comments may be presented to the City Council on, or before, the date of the meeting. _______________________________
Renée Neermann, Financial Controller
Publish Date: July 2, 2026 and July 9, 2026
ATTACHMENT 2
Agenda Item # 5.B.
Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Tatiana Holden, Assistant Public Works Director/City Engineer Reviewed by: Christopher Smith, Assistant City Manager
Approved by: Joseph D. Irvin, City Manager
Date prepared: June 15, 2026 Meeting date: July 13, 2026 Subject: Approval of Use and Reallocation of Community Development Block Grant (CDBG) Funds for Fiscal Year 2026-2027
RECOMMENDED ACTION: 1) Conduct a public hearing; and 2) Adopt Resolution No. 26- 51 authorizing and approving the use of $7,824 in Community Development Block Grant (CDBG) funds for Public Services, canceling CDBG funding of $275,752 for the Malibu Community Labor Exchange (MCLE) Center Project No. 602478-22 to transfer the funding to the Malibu Bluffs Park Snack Shack, approving the use of an additional $19,248 in unallocated funding for the Malibu Bluffs Park Snack Shack for a total of $295,000 for the project, and 3) Adopt Resolution No. 26-52 approving participation in the Los Angeles Urban County Community Block Grant Program by authorizing the Mayor, or his/her designee, to sign a cooperative agreement with the County of Los Angeles for Fiscal Years 2027-2029.
FISCAL IMPACT: The City anticipates receiving a total allocation of CDBG funding for FY 2026-27 of $52,163. This allocation amount is an estimate provided by Los Angeles County Development Authority (CDA) and may fluctuate by +/- 2%. Of that amount, $7,824 or 15% is available for public service programs within the community. The remaining $44,339 is available for other CDBG projects. In addition, the City has previously committed funding of $275,752 and has unallocated CDBG Fund balance from prior fiscal years in the amount of $19,248.
STRATEGIC PLAN IMPLEMENTATION: This item supports the City’s 2025-2028 Strategic Plan: Goal 7: Explore New Opportunities for Educational, Cultural, and Recreational Establishment.
City Council Meeting
07-13-26
Item
5.B.
Agenda Item # 5.B.
DISCUSSION: Following Council’s direction to defund the permanent trailer for the Malibu Community Labor Exchange (MCLE), staff engaged with staff at the Los Angeles Urban County Community Development Block Grant (CDBG) Program on opportunities to reprogram those dollars before they expire. Through that dialog, staff identified that CDBG funds would be eligible to support Americans with Disabilities Act (ADA) elements of the Bluffs Park and Snack Shack project. Staff now come before Council to officially cancel the planned funding for the MCLE trailer project and reallocate it for the Bluffs Park Snack Shack project. This would further relieve the General Fund of $295,000 of project costs.
The City has long participated in the LA County CDBG program and historically has the City has awarded the maximum public services funds to the Malibu Community Labor Exchange (MCLE) to operate a day labor program assisting low-to-moderate income individuals with workforce placement. In January of 2014, the Council adopted Resolution No. 14-70 authorizing CDBG capital funds to be used to purchase and install a permanent office trailer for MCLE on the County property in the City’s Civic Center. A total of $275,752 CDBG funds had been committed to the project.
Following a public bid which returned higher than anticipated project costs, Council directed staff to reject all bids in January 2026. Council subsequently directed staff to defund the capital project as part of the FY 2026-27 budget process. Existing CDBG capital funds previously allocated to the project will expire on June 30, 2026, unless staff identified another eligible Capital Improvement Project (CIP) for the reallocated funds.
In February 2026, Council approved the preliminary design for the Malibu Bluffs Park Snack Shack and Park Enhancement Project. During project development, staff and the Parks and Recreation Commission identified significant ADA accessibility improvements necessary to provide accessible routes, ramps, sidewalks, parking access, and connections to public facilities within the park. These improvements are eligible uses of CDBG funding as public facility improvements towards Americans with Disabilities Act (ADA) compliance.
Staff recommend reallocating the $275,752 of CDBG funds currently committed for the MCLE Permanent Trailer Project (CDBG Project No. 602478-22) to the Malibu Bluffs Park Snack Shack and Storage Enhancement Project. Staff also recommend allocating $19,248 in previously unallocated CDBG funds to the project.
In addition to the reallocated funds, the City is projected to receive $52,163 in FY 2026-
27. CDA guidelines stipulate that only 15% ($7,824) of the annual CDBG allocation can be allocated to public services programs and the remaining funds must be spent on eligible capital projects.
In summary, the proposed CDBG funding use for FY 2026-2027 is summarized as follows:
Agenda Item # 5.B.
· Public Services: $7,824
· Malibu Bluffs Park Snack Shack and Park Enhancement Project: $295,000 o Transfer from MCLE project: $275,752
o Unallocated CDBG funds: $19,248
The proposed allocations comply with CDA CDBG requirements and allow the City to utilize available grant funding on an eligible capital improvement project for ADA compliance that is expected to proceed within the applicable expenditure period.
In addition to the reallocation of CDBG funds, participating jurisdictions are required to renew their participation every three years. Staff recommends that the City participate in the upcoming three-year qualification period for Fiscal Years 2027-2029 (July 1, 2027 through June 30, 2030) to maintain eligibility for annual CDBG funding allocations administered by the Los Angeles CDA.
ATTACHMENTS:
1. Resolution No. 26-51
2. Resolution No. 26-52
2. Notice of Public Hearing
RESOLUTION NO. 26-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
AUTHORIZING AND APPROVING THE FISCAL YEAR 2026-2027
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
FUNDS FOR THE CITY OF MALIBU
The City Council of the City of Malibu does hereby find, order and resolve as follows:
SECTION 1. Recitals.
A. The City of Malibu is a participating agency under the Los Angeles Urban County Community Development Block Grant (CDBG) Program.
B. The Los Angeles County Community Development Block Grant (CDBG) Program has allocated $52,163 to the City of Malibu for Fiscal Year 2026-27.
C. The City has an unallocated balance from prior fiscal years of at least $19,248.
D. The City desires to transfer $275,752 in previously allocated funding from the Malibu Community Labor Exchange (MCLE) Center Project (CDBG Project No. 602478-22) to the Malibu Bluffs Park Snack Shack and Enhancement Project.
E. The City has considered and evaluated CDBG eligible projects and community needs.
F. The Community Development Authority offers participating agencies the opportunity to transfer designated funding to a revolving grant fund which will be returned to the City to be used at a future time for a CDBG eligible project.
SECTION 2. After conducting a public hearing, the City Council hereby authorizes the expenditure of $7,824 for Public Services for Fiscal Year 2026-27 and expenditure of $295,000 in CDBG funds for the Malibu Bluffs Park Snack Shack and Enhancement Project. The City Council authorizes adjustments to the programed amounts as needed and available, as well as in the event that the City receives a different total funding amount. The City Manager or his/her/their designee is also authorized to make changes to the project as needed and approve all necessary contracts and agreements needed to transfer to the CDBG Revolving Grant Fund.
SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
SECTION 4. This Resolution shall become effective immediately upon its passage and adoption.
PASSED, APPROVED AND ADOPTED this 13th day of July 2026. _____________________________
BRUCE SILVERSTEIN, Mayor
ATTACHMENT 1
Resolution No. 26-51
_____________________
ATTEST:
_____________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
_____________________________
TREVOR RUSIN, Interim City Attorney
RESOLUTION NO. 26-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
APPROVING PARTICIPATION IN THE LOS ANGELES URBAN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BY
AUTHORIZING THE MAYOR, OR HIS/HER DESIGNEE, TO SIGN A
COOPERATION AGREEMENT WITH THE COUNTY OF LOS ANGELES
The City Council of the City of Malibu does hereby find, order and resolve as follows:
SECTION 1. Recitals.
A. The City of Malibu desires to participate in the Los Angeles Urban County Community Development Block Grant (CDBG) Program for the qualification period beginning July 1, 2027.
B. The City authorizes the execution of a cooperation agreement with the County of Los Angeles in order to receive said CDBG funds.
SECTION 2. The City Council hereby adopts and approves the County of Los Angeles Participating City Cooperation Agreement between the City of Malibu and the County of Los Angeles for the time period of July 1, 2027 through June 30, 2029 and self-renewing thereafter.
SECTION 3. The City Council authorizes the Mayor, or his/her designee, to execute any and all documents necessary for participation in the Los Angeles Urban County CDBG Program on behalf of the City of Malibu.
SECTION 4. The City Council hereby finds that approval of participation in the Los Angeles urban County Community Development Block Grant Program is exempt from the requirements of the California Environmental Quality Act (“CEQA”), pursuant to State CEQA Guidelines Section 15378. Participation is a government funding mechanism, and does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment.
SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED, and ADOPTED this 13th day of July 2026. _____________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
ATTACHMENT 2
Resolution No. 26-52
_____________________
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
NOTICE OF PUBLIC HEARING
CITY OF MALIBU
CITY COUNCIL
The Malibu City Council will hold a public hearing on MONDAY, July 13, 2026, at 5:30 p.m. on the item listed below in the Council Chambers at Malibu City Hall, located at 23825 Stuart Ranch Road, Malibu, CA.
Public comment can be submitted ahead of the public hearing to [email protected] for inclusion in the public record. To participate during the public hearing, please review the meeting agenda posted at MalibuCity.org/AgendaCenter and follow the directions for public participation.
Approve the use of $7,824 of Community Development Block Grant (CDBG) funds for Public Services which will not exceed 15% of the annual allocation for Fiscal Year 2026-27.
Cancel the current Community Development Block (CDBG) funded project no. 602478-22 MCLE Permanent Officer Trailer Project in the amount of $275,752 and use the funding for the Malibu Bluffs Park Snack Shack and Storage Building CIP to be used toward Americans with Disabilities Act (ADA) compliance.
Approve the use of $19,248 in unallocated funding for the Malibu Bluffs Park Snack Shack and Storage Building CIP to be used toward ADA compliance.
IF YOU CHALLENGE THE CITY COUNCIL’S ACTION IN COURT, YOU MAY BE LIMITED TO
RAISING ONLY THOSE ISSUES RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS
NOTICE, OR OTHERWISE HELD BY THE CITY, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY, EITHER AT OR PRIOR TO THE PUBLIC HEARING.
If there are any questions regarding this notice, please contact Renee Neermann, Financial Controller, at (310) 456-2489, ext. 222. Copies of all related documents can be reviewed by any interested person at City Hall during regular business hours. Oral and written comments may be presented to the City Council on, or before, the date of the meeting. __________________________________________
RENEE NEERMANN, Financial Controller
Publish Date: June 25, 2026
ATTACHMENT 3
Agenda Item # 5.C.
Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Luis Flores, Public Safety Manager
Reviewed by: Susan Dueñas, Public Safety Director
Approved by: Joseph D. Irvin, City Manager
Date prepared: June 11, 2026 Meeting date: July 13, 2026 Subject: Approval of Use of PLHA Grant Funds for Motel Voucher Program RECOMMENDED ACTION: 1) Conduct the Public Hearing; and 2) Adopt Resolution No. 26-49 approving participation in the Los Angeles Urban County Permanent Local Housing Allocation (PLHA) Program by authorizing the City Manager, or his designee, to sign a reimbursable contract with the Los Angeles County Development Authority (LACDA) acting on behalf of the County.
FISCAL IMPACT: No additional appropriation is required. If Resolution No. 26-49 is adopted, the City’s PLHA grant funds in the amount of $23,793 will be used to reimburse the City for costs associated with the operation of a motel voucher program provided through the City’s contract with The People Concern (Account No. 100-7021-5119-00).
STRATEGIC PLAN IMPLEMENTATION: This item supports the City’s 2025 Strategic Plan Goal 4. Improve Public Safety.
DISCUSSION: Malibu participates in the LA County PLHA to help address homelessness within the City. The Los Angeles County PLHA program, administered by the California Department of Housing and Community Development and funded by SB 2, is managed locally by LACDA to increase the supply of affordable housing and provide housing-related services for extremely low- to moderate-income households.
In September 2017, Governor Jerry Brown signed Senate Bill 2 (SB 2), the Building Homes and Jobs Act, to create a permanent source of funding for affordable housing through a $75 fee on the recording of certain types of real-estate documents. Each year, City Council Meeting
07-13-26
Item
5.C.
Agenda Item # 5.C.
SB 2 generates between $200 and $250 million in available grant funds, which the California Department of Housing and Community Development oversees.
In Fiscal Year 2024-2025, the City was allocated $23,793 to support eligible program activities. However, due to staffing changes and the Franklin and Palisades Fires, a project proposal was not completed until the current fiscal year. To utilize the outstanding $23,793 in PHLA funds, staff reviewed the list of eligible activities with LACDA and determined that a motel voucher program would be the most effective use of the funding.
Motel Voucher Program
To facilitate a successful transition from street homelessness to interim and eventual permanent housing, the City’s Outreach Team provides motel vouchers to people experiencing homelessness who are actively engaged in outreach services. Motel vouchers allow the Outreach Team to reduce street homelessness and have a secure location to contact individuals with an ongoing housing plan without having to drive throughout the City. They are issued conservatively only to individuals who are actively working towards exiting homelessness or individuals looking to escape a natural disaster, such as the recent Palisades Fire and Franklin Fire. Motel vouchers are also used as a proactive measure to mitigate the possibility of encampment fires during Red Flag wind conditions.
The two motels that currently host the Outreach Teams motel vouchers are The American Motel (1243 Lincoln Blvd., Santa Monica, CA 90401) and The Holiday Motel (1102 Pico Blvd., Santa Monica, CA 90405). Both facilities are near the Outreach Team’s interim shelter facility, Turning Point, allowing for an efficient transition from motel to interim housing. Currently, the day rate for these motels is $135 per night. Therefore, the $23,793 grant will fund approximately 175 motel stays, providing short-term lodging support for individuals in need.
Staff recommends that the City Council adopt Resolution No. 26-49 (Attachment 1) to approve City participation in the PLHA Program by authorizing the City Manager, or his designee, to sign a reimbursable contract (Attachment 2) with LACDA.
Acceptance of the PLHA funds required a 30-day notice period. Therefore, a Public Hearing Notice (Attachment 3) for the approval of use of the PLHA funds for the motel voucher program was posted in the Malibu Times on Thursday, June 11, 2026.
ATTACHMENTS:
1. Resolution No. 26-49
2. Permanent Local Housing Allocation Program Contract
3. Public Hearing Notice
RESOLUTION NO. 26-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
APPROVING PARTICIPATION IN THE LOS ANGELES URBAN COUNTY
PERMANENT LOCAL HOUSING ALLOCATION PROGRAM BY
AUTHORIZING THE CITY MANAGER, OR THEIR DESIGNEE, TO SIGN A
REIMBURSABLE CONTRACT WITH THE LOS ANGELES COUNTY
DEVELOPMENT AUTHORITY ACTING ON BEHALF OF THE COUNTY
The City Council of the City of Malibu does hereby find, order and resolve as follows:
SECTION 1. Recitals.
A. The County of Los Angeles applied for a grant from the California Department of Housing and Community Development’s Permanent Local Housing Allocation (PLHA) Program Year 5.
B. The City of Malibu desires to participate in the Los Angeles Urban County PLHA Program Year 5 for the period beginning July 2026.
C. As part of this Los Angeles Urban County PLHA Program Year 5, the City has been allocated $23,793 in grant funds.
D. The City of Malibu must authorize the execution of a contract with the County of Los Angeles in order to receive PLHA funds.
E. The City of Malibu has identified operating a motel voucher program to assist with homeless outreach and housing services as the activity to be funded with State PLHA.
SECTION 2. The City Council approves the use of the City’s PHLA funds to support a motel voucher program that strengthens homeless outreach services and authorizes the City Manager, or their designee, to execute any and all documents necessary for participation in the Los Angeles Urban County PHLA Program on behalf of the City of Malibu.
SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED, and ADOPTED this 13th day of July 2026. _____________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
ATTACHMENT 1
Resolution No. 26-49
_____________________
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
REIMBURSABLE CONTRACT
FOR THE
PERMANENT LOCAL HOUSING ALLOCATION PROGRAM
BETWEEN
THE COUNTY OF LOS ANGELES
AND A
PARTICIPATING CITY
ATTACHMENT 2
Page is intentionally blank
TOC-1
REIMBURSABLE CONTRACT FOR THE
PERMANENT LOCAL HOUSING ALLOCATION PROGRAM
BETWEEN THE COUNTY OF LOS ANGELES AND A PARTICIPATING CITY RECITALS ......................................................................................................................................1
1. CONTRACT........................................................................................................................1
2. CONTRACT ADMINISTRATION. ...................................................................................2
3. PURPOSE AND SCOPE OF SERVICES...........................................................................2
4. TIME OF PERFORMANCE...............................................................................................2
5. COMPENSATION AND METHOD OF PAYMENT........................................................2
6. BUDGET SECTION. ..........................................................................................................3
7. MONITORING OF SUBRECIPIENT. ...............................................................................3
8. OPERATING AGENCY’S ACCOUNTING RECORDS...................................................3
9. OPERATING AGENCY’S AUDITS AND MONITORING OF PROJECT FILES..........4
10. COMPLIANCE WITH LAWS............................................................................................4
11. [Intentionally omitted.]........................................................................................................6
12. [Intentionally omitted.]........................................................................................................6
13. CONFIDENTIALITY OF REPORTS.................................................................................6
14. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT; AND ACCIDENT PREVENTION. ...................................................................................................................6
15. SEVERABILITY.................................................................................................................7
16. INTERPRETATION. ..........................................................................................................7
17. WAIVERS. ..........................................................................................................................7
18. REQUIRED REPORTS FOR THE OPERATING AGENCY, PROGRAM REVIEW AND EVALUATION..........................................................................................................7
19. REPORTS AND RECORDS...............................................................................................8
20. ACCOUNTING...................................................................................................................8 TOC-2
21. EXPENDITURE STANDARDS.........................................................................................8
22. USE OF FUNDS..................................................................................................................9
23. DISALLOWED COSTS......................................................................................................9
24. AUDITS...............................................................................................................................9
25. AUDIT EXCEPTIONS. ......................................................................................................9
26. NONEXPENDABLE PROPERTY.....................................................................................9
27. PURCHASE OR LEASE OF NONEXPENDABLE PROPERTY...................................10
28. REVENUE DISCLOSURE REQUIREMENT. ................................................................11
29. JOINT FUNDING. ............................................................................................................11
30. REVERSION OF ASSETS. ..............................................................................................11
31. FISCAL LIMITATIONS...................................................................................................12
32. FINANCIAL CLOSEOUT PERIOD. ...............................................................................12
33. AFFIRMATIVE ACTION. ...............................................................................................12
34. DISCRIMINATION. .........................................................................................................13
35. TIME OF PERFORMANCE MODIFICATIONS. ...........................................................13
36. HOUSING ELEMENT COMPLIANCE...........................................................................13
37. PET FRIENDLY HOUSING ACT OF 2017. ...................................................................13
38. INDEPENDENT CONTRACTOR. ..................................................................................13
39. EMPLOYEES OF OPERATING AGENCY. ...................................................................14
40. ASSIGNMENT..................................................................................................................14
41. SUBCONTRACTING.......................................................................................................14
42. AMENDMENTS/VARIATIONS......................................................................................15
43. NOTICES. .........................................................................................................................15
44. NEPOTISM. ......................................................................................................................16
45. RELIGIOUS AND POLITICAL ACTIVITIES................................................................16 TOC-3
46. [Intentionally omitted.]......................................................................................................16
47. DRUG-FREE WORKPLACE...........................................................................................16
48. COUNTY’S QUALITY ASSURANCE PLAN. ...............................................................17
49. INSURANCE. ...................................................................................................................18
50. FAILURE ..........................................................................................................................18
51. INDEMNIFICATION. ......................................................................................................18
52. TERMINATION FOR IMPROPER CONSIDERATION (GRATUITIES). ....................18
53. TERMINATION FOR CAUSE.........................................................................................19
54. TERMINATION FOR CONVENIENCE. ........................................................................20
55. CONFLICT OF INTEREST..............................................................................................20
56. USE OF RECYCLED-CONTENT PAPER PRODUCTS. ...............................................21
57. CONSTRUCTION/REHABILITATION PROJECTS......................................................21
58. CONTRACTOR RESPONSIBILITY AND DEBARMENT............................................21
59. STATE PREVAILING WAGE REQUIREMENTS. ........................................................23
60. PHOTOGRAPHS, FOOTAGE, AND OTHER MEDIA MATERIALS...........................23
61. ENERGY POLICY AND CONSERVATION ACT.........................................................24
62. WARRANTY OF AUTHORITY......................................................................................24
63. EXECUTION OF COUNTERPARTS AND ELECTRONIC SIGNATURES.................24
64. ENTIRE CONTRACT.......................................................................................................24 Page is intentionally blank
August 2025 1
REIMBURSABLE CONTRACT FOR THE
PERMANENT LOCAL HOUSING ALLOCATION PROGRAM
BETWEEN THE COUNTY OF LOS ANGELES AND A PARTICIPATING CITY CONTRACT NUMBER: 117683
CITY: City of Malibu
PROJECT TITLE: Year 5 Activity 6 Interim Housing Motel Voucher Program (“Project”) PROJECT NUMBER: PLH228-25
THIS REIMBURSABLE CONTRACT (“Contract”) is made and entered into this 27th day of April 2026 by and between the County of Los Angeles, acting by and through the Los Angeles County Development Authority (“LACDA”), hereinafter referred to as the “County”, and the City of Malibu, hereinafter referred to as the "Operating Agency." The County and the Operating Agency are collectively referred to as the “Parties” or individually “Party”.
WITNESSETH THAT:
WHEREAS, in 2017 the Governor signed the “Building Homes and Jobs Act (SB2, 2017), which established a $75 recording fee on certain real estate documents to increase the supply of affordable homes in California;
WHEREAS, Part 2 Chapter 2.5 of Division 31 of the Health and Safety Code commencing with Section 50470, Statutes of 2017 (SB2, Atkins), created the Building Homes and Jobs Trust Fund and the Permanent Local Housing Allocation (“PLHA”) Program (“Program”);
WHEREAS, the LACDA, on behalf of the County, has entered into a Standard Agreement with the State of California, Department of Housing and Community Development (“HCD”) that must meet all conditions for funding and required milestones to implement the PLHA Program; and
WHEREAS, the Operating Agency desires to participate in the PLHA Program and is qualified by reason of experience, preparation, organization, staffing, and facilities to provide the services and implement the eligible project described herein.
NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the Parties agree as follows:
1. CONTRACT.
This Contract consists of this document and attachments hereto and incorporated herein by this reference as follows: EXHIBIT A, Project Description and Activity Budget, and EXHIBIT B, Insurance Requirements.
August 2025 2
2. CONTRACT ADMINISTRATION.
The LACDA’s Executive Director, or designee, shall have full authority to act for the County in the administration of this contract consistent with the provisions contained herein. Any and all references to the County shall refer to the LACDA acting as the agent of the County in the administration of this Contract.
3. PURPOSE AND SCOPE OF SERVICES.
The purpose and principal goal of this PLHA Program is to make funding available to eligible local governments in California for housing-related projects that assist in addressing the unmet housing needs of their local communities. The Operating Agency will perform all the services set forth in the EXHIBIT A, Project Description and Activity Budget.
4. TIME OF PERFORMANCE.
The Operating Agency shall commence services no sooner than the date first written above and shall be completed by no later than June 30, 2028.
5. COMPENSATION AND METHOD OF PAYMENT.
For satisfactory performance under this Contract, the County shall reimburse the Operating Agency an amount not to exceed Twenty-Three Thousand Seven Hundred Ninety-Three Dollars and Zero Cents ($23,793.00), which shall constitute full and complete payment hereunder for the implementation of the Program described in the EXHIBIT A. Said compensation will only be paid out of funds received from the State government under the PLHA Program for allowable costs actually incurred and paid by the Operating Agency for the expressed purposes specified.
The Parties understand and agree that such compensation, if any, shall be conditioned upon receipt of said PLHA Program funds by the County from the State government and shall not be a charge against any other funds of the County.
Further, such PLHA Program funds, if any, shall be paid only after submission and approval of the electronic payment request form. This payment request form must be submitted on a minimum of a monthly basis as specified and provided by the County. Said payment request shall give the total of said cash expenses paid during the monthly reporting period and shall also itemize the same in detail conforming to the budget required by Section 6, BUDGET SECTION, of this Contract. After timely receipt and approval of each payment request form, the County will draw a check in favor of the Operating Agency in the approved amount. After the expiration of the financial closeout period, as described in Section 32, FINANCIAL CLOSEOUT PERIOD, of this Contract, those PLHA Program funds not paid under this Contract, if any, will be returned to the Operating Agency’s un-programmed funds.
The Operating Agency shall have no claim against the County for payment of any money or reimbursement, of any kind whatsoever, for any service provided by the Operating Agency after the expiration or other termination of this Contract.
August 2025 3
Should the Operating Agency receive any such payment of PLHA Program funds for any service provided by the Operating Agency after the expiration or other termination of this Contract, it shall immediately notify the County and shall immediately repay all such PLHA Program funds to the County. Payment by the County for services rendered after expiration and/or termination of this Contract shall not constitute a waiver of the County’s right to recover such payment from the Operating Agency. This provision shall survive the expiration or other termination of this Contract.
6. BUDGET SECTION.
No more than the amounts and expenditure items specified in the EXHIBIT A, Project Description and Activity Budget, to this Contract, which is attached hereto and incorporated herein by reference in Section 3, PURPOSE AND SCOPE OF SERVICES, may be spent for the separate cost categories specified in the EXHIBIT A without the written approval of the County.
7. MONITORING OF SUBRECIPIENT.
The County is responsible for monitoring the eligible activities of the Operating Agency for: program implementation, compliance with State and County financial requirements, including requirements and compliance with all other applicable regulations.
8. OPERATING AGENCY’S ACCOUNTING RECORDS.
The Operating Agency shall establish, maintain, and produce accounting records for the County for each PLHA-funded project, as follows:
a. The Operating Agency shall establish a separate ledger account for receipts and expenditures of PLHA Program funds and maintain expenditure details in accordance with the approved work plan, budget, and schedule. Separate bank accounts are not required.
b. The Operating Agency shall maintain documentation of its financial records for expenditures incurred during the course of the PLHA Activity in accordance with Generally Accepted Accounting Principles Standards, as described in Section 20, ACCOUNTING. Such records shall be kept for at least five (5) years after the close-out report is submitted to the County, and/or HCD.
c. The County, and/or HCD shall have the right to review, copy and request copies of any records and supporting documentation pertaining to the PLHA Program.
August 2025 4
9. OPERATING AGENCY’S AUDITS AND MONITORING OF PROJECT
FILES.
The Operating Agency shall maintain PLHA files pursuant to California Health and Safety Code ("HSC”) Section 50470(b)(2)(B)(ii)(lll) which, at a minimum should include the following information and reports as appropriate:
a. Project/Activity Description
b. Land/Site Information
c. Planning and Zoning History (as appropriate)
d. Records of Public Hearings and Public Comments
e. Relocation Needs (as appropriate)
f. Contracts, Loan and Grant Agreements
g. Environmental Records and Reports/Findings (as appropriate) h. Design/Engineering Reports and Plans (as appropriate) i. Description of Targeted Beneficiaries, services to be provided, household incomes, special needs
j. PLHA Activity costs, invoices, purchase orders, sources and use of funds for PLHA activities, terms, and conditions of financings, draws and all supporting documentation, change orders (as appropriate) k. Implementation/Activity Schedule
l. Procurement Policy used for PLHA Activities
In addition, the Operating Agency shall be responsible for monitoring Rental Housing Developments that received PLHA Program funds for the term of the loan, including, but not limited to, the Projects’ compliance with the occupancy and rent requirements set forth in the Regulatory Agreement, compliance with reserve requirements, and the compliance with habitability standards. The Operating Agency shall be responsible for monitoring Affordable OwnerOccupied Workforce Housing (“AOWH”) loans to assure that the homes remain Owner-occupied.
10. COMPLIANCE WITH LAWS.
All Parties agree to be bound by all applicable federal, state, and local laws, ordinances, regulations, and directives as they pertain to the performance of this Contract. This Contract is subject to and incorporates the terms of the County Auditor-Controller Contract Accounting and Administration Handbook; and all amendments or successor laws, regulations, or guidelines thereto (hereinafter called the "Laws, Regulations, and Guidelines"). The Operating Agency has and shall maintain copies of the Laws, Regulations, and Guidelines. Furthermore, the August 2025 5
Operating Agency acknowledges that it has read and understands the Laws, Regulations, and Guidelines.
The PLHA project(s) funded pursuant to this Contract is subject to the provisions and requirements of the California Environmental Quality Act (“CEQA”) (Public Resources Code Sections 21000-21189) and the CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000-15287).
The Operating Agency shall be fully responsible for compliance with the provisions of CEQA.
The Operating Agency shall comply with all applicable administrative requirements. The Operating Agency shall carry out each activity in compliance with all applicable federal, state, and local laws and all program requirements and regulations as prescribed by the State PLHA Program, except that:
a. The Operating Agency does not assume the County’s environmental responsibilities described in the CEQA (Public Resources Code Sections 21000-21189) and the CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000-15287) and; b. The Operating Agency does not assume the County's responsibility for initiating the review process.
The Operating Agency agrees to adhere to all applicable State of California property acquisition and relocation laws and regulations, including the California Relocation Assistance Law, Government Code 7260-7277 et seq., and California State Relocation Assistance and Real Property Acquisition Guidelines, Title 25 California Code of Regulations 6000 et seq.
The Operating Agency agrees to be bound by applicable federal, state, and local laws, regulations, and directives as they pertain to the performance of this Contract, including, but not limited to, sections a-c below. a. The Operating Agency shall prohibit discrimination in State HCD-funded programs based upon sexual orientation or gender identity. The rule precludes owners and operators of HCD-assisted housing from inquiring about the sexual orientation or gender identity of an applicant or occupant. b. The Operating Agency shall ensure equal opportunity, in the award and performance of any contract, to all persons without regard to race, color, gender, sexual orientation, religion, national origin, ancestry, age, marital status, or disability.
c. All PLHA projects or programs shall adhere to the accessibility requirements set forth in California Building Code Chapter 11A and 11B and the Americans with Disabilities Act (“ADA”), Title II. In addition, August 2025 6
PLHA projects or programs shall adhere to either the Uniform Federal Accessibility Standards, 24 CFR Part 8, or HUD's modified version of the 2010 ADA Standards for Accessible Design (Alternative 2010 ADAS), HUD-2014-0042-0001, 79 F.R. 29671 (5/27/14) (commonly referred to as "the Alternative Standards" or "HUD Deeming Memo"). Accessible units shall, to the maximum extent feasible and subject to reasonable health and safety requirements, be distributed throughout the project and be available in a sufficient range of sizes and amenities consistent with 24 CFR Section
8.26. The Operating Agency shall adopt a written non-discrimination policy requiring that no person shall, on the grounds of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, age, medical condition, genetic information, citizenship, primary language, immigration status (except where explicitly prohibited by federal law), arbitrary characteristics, and all other classes of individuals protected from discrimination under state or federal fair housing laws, individuals perceived to be a member of any of the preceding classes, or any individual or person associated with any of the preceding classes be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with PLHA Program funds.
The Operating Agency shall comply with the requirements contained in the ADA Act, the Fair Housing Amendments Act, the California Fair Employment and Housing Act, the Unruh Act, GC Section 11135, Section 504 of the Rehabilitation Act, and regulations promulgated pursuant to those statutes, including 24 CFR Part 100, 24 CFR Part 8, and 28 CFR Part 35, in all activities.
11. [Intentionally omitted.]
12. [Intentionally omitted.]
13. CONFIDENTIALITY OF REPORTS.
The Operating Agency shall keep confidential all reports, information, and data received, prepared or assembled pursuant to performance hereunder. Such information shall not be made available to any person, firm, corporation, or entity without the prior written consent of the County.
14. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT; AND
ACCIDENT PREVENTION.
The Operating Agency shall also comply with all applicable federal, state, and local laws governing safety, health, and sanitation. The Operating Agency shall provide all safeguard safety devices and protective equipment and take any other August 2025 7
needed actions, at its own responsibility, as reasonably necessary to protect the life and health of employees on the job, the safety of the public and personal, and real property in connection with the performance of this Contract.
15. SEVERABILITY.
In the event that any provision herein contained is held to be invalid, void, or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Contract and shall in no way affect, impair, or invalidate any other provisions contained herein. If any such provision shall be deemed invalid due to its scope of breadth, such provision shall be deemed valid to the extent of the scope of breadth permitted by law.
16. INTERPRETATION.
No provision of this Contract shall be interpreted for or against either Party because that Party or that Party’s legal representative drafted such provision, but this Contract is to be construed as if both Parties drafted it hereto.
17. WAIVERS.
No waiver by the County of any breach of any provision of this Contract shall constitute a waiver of any other breach or of such provision. Failure of the County to enforce at any time, or from time to time, any provision of this Contract shall not be construed as a waiver thereof. The rights and remedies set forth in this Section 17 shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract.
18. REQUIRED REPORTS FOR THE OPERATING AGENCY, PROGRAM
REVIEW AND EVALUATION.
The County will monitor, evaluate, and provide guidance to the Operating Agency in the performance of the PLHA Program. Reviews will focus on the extent to which the planned PLHA Program has been implemented and measurable goals achieved, effectiveness of the program management, and impact of the program.
The Operating Agency must submit to the LACDA Quarterly Performance Reports, including required narratives, within 30 days of the end of each quarter for the term of this Contract.
The County may request additional information as needed to meet other applicable reporting or audit requirements.
The Operating Agency shall make available for inspection to authorized the County and/or HCD personnel and their agents, for a total of five (5) years from the expiration date of this Contract, all records, including financial, pertaining to its performance under this Contract, and allow said County and/or HCD personnel and agents to inspect and monitor Operating Agency’s facilities and program August 2025 8
operations, and interview Operating Agency staff and program participants, as required by the County and/or HCD.
The Operating Agency agrees to submit all data that are necessary for the County to complete an Annual Performance Report and monitor program accountability and progress in accordance with HCD requirements in the format and at the time designated by the County.
Failure of the Operating Agency to comply with the requirements of this Section 18 shall constitute a material breach of this Contract upon which the County may cancel, terminate, or suspend this Contract.
19. REPORTS AND RECORDS.
The Operating Agency agrees to prepare and submit financial, program progress, monitoring, evaluation, or other reports required by the County and HCD, including, but limited to the above Section 8, OPERATING AGENCY’S ACCOUNTING RECORDS; Section 9, OPERATING AGENCY’S AUDITS AND MONITORING OF PROJECT FILES; and Section 18, REQUIRED
REPORTS FOR THE OPERATING AGENCY, PROGRAM REVIEW AND
EVALUATION. The Operating Agency shall maintain and permit onsite inspections of such property, personnel, financial, and other records and accounts as are considered necessary by the County to assure proper accounting for all Contract funds during the term of this Contract and for a total of five (5) years thereafter. The Operating Agency will ensure that its employees, agents, City Council members, officers, and board members furnish such information which, in the judgment of the County representatives, may be relevant to a question of compliance with contractual conditions, with the County or HCD directives, or with the effectiveness, legality, and achievements of the PLHA Program.
20. ACCOUNTING.
The Operating Agency shall establish and maintain on a current basis an adequate accounting system in accordance with Generally Accepted Accounting Principles (“GAAP”) Standards, and the County Auditor-Controller Contract Accounting and Administration Handbook. Regardless of the Operating Agency’s method of accounting, expenses must be reported in accordance with Section 5, COMPENSATION AND METHOD OF PAYMENT; Section 8, OPERATING AGENCY’S ACCOUNTING RECORDS; and Section 32, FINANCIAL
CLOSEOUT PERIOD of this Contract.
21. EXPENDITURE STANDARDS.
Expenditures made by the Operating Agency in the operation of this Contract shall be in strict compliance and conformity with the budget set forth in the EXHIBIT A, unless prior written approval for an exception is obtained from the County.
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If PLHA Program funds are not being spent in a timely manner, the County reserves the right to make the final determination, in its sole discretion, as to the amount of reduction of the Operating Agency’s grant allocation, if any.
22. USE OF FUNDS.
All PLHA Program funds approved under this Contract shall be used solely for costs approved as described in the EXHIBIT A, Project Description and Activity Budget, of this Contract. Contract PLHA Program funds shall not be used as a cash advance between contracts, as security to guarantee payments for any nonprogram obligations, or as loans for non-program activities. Separate financial records shall be kept for such funding source(s) and program activities.
23. DISALLOWED COSTS.
If the Operating Agency has failed to return unexpended or spent PLHA Program funds for disallowed costs related to any contract it has with the County, the County may withhold and offset payments to be made to the Operating Agency under this Contract.
24. AUDITS.
The Operating Agency shall make available for inspection and audit to authorized the County and/or HCD personnel and their agents, for a total of five (5) years from the expiration date of this Contract, and allow said County and/or HCD personnel and agents to inspect and audit all of its books and records relating to the operating of each project or business activity which is funded in whole, or in part, with federal or state grant monies, including the project(s) under this Contract.
Failure of the Operating Agency to comply with the requirements of this Section 24 shall constitute a material breach of this Contract upon which the County may cancel, terminate, or suspend this Contract.
25. AUDIT EXCEPTIONS.
The Operating Agency agrees that in the event that the program established hereunder is subject to audit exceptions by appropriate audit agencies, it shall be responsible for complying with such exceptions and paying the County the full amount of the County's liability to the funding agency resulting from such audit exceptions.
26. NONEXPENDABLE PROPERTY.
Nonexpendable property means leased or purchased tangible personal property, included, but not limited to a vehicle, office equipment, etc. having a useful life of more than one (1) year and an acquisition cost of $5,000 or more per unit.
Nonexpendable property shall also include, but not limited to real property, and any interest in real property (including any mortgage or other encumbrance of real property).
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Any utilization of funds derived from the sale or disposition of nonexpendable property must have prior approval of the County and otherwise comply with all applicable laws and regulations. In the event that this Contract is terminated, the County reserves the right to determine the final disposition of said nonexpendable property acquired for this project with PLHA Program funds, including funds derived therefrom. Said disposition may include taking possession of said nonexpendable property.
The Operating Agency shall maintain up-to-date inventory records, listing all non-expendable property with an acquisition cost of $5,000 or more that it has leased or purchased during the term of this Contract. The following items should be included in the list: description of property, serial or ID number, source of funds that purchased the item, owner of property, date of purchase, total cost, percentage of cost paid with PLHA Program funds, location, condition and use of property, date of disposal, sale price or method used to determine the current market value, name of the individual completing the inventory, and the date the inventory was taken or updated. The Operating Agency shall conduct a physical inventory of the nonexpendable property at least once a year, reconcile the inventory with its property records, and maintain these records for five (5) years after the termination or expiration of this Contract.
In the event there is a change of use or disposition of the property during the term of this Contract, except in the case of real property in excess of $25,000, if the market value of the property is over $5,000, the Operating Agency shall immediately pay to the County a pro-rata share of the current market value of the property or proceeds from the sale. The pro-rata share shall be calculated by multiplying the current market value by the percentage of the purchase price paid with PLHA Program funds.
If there is a residual inventory of unused supplies, upon termination or completion of the project or termination or expiration of this Contract, with a current aggregate market value exceeding $5,000 and if the supplies are not needed for any other state sponsored program(s) or project(s), the Operating Agency shall immediately pay the County for its pro rata share of the current aggregate market value or proceeds from the sale calculated at the percentage of the purchase price paid with PLHA Program funds. The Operating Agency shall obtain prior approval of the County and otherwise comply with all applicable laws and regulations prior to utilizing the supplies for any other state-sponsored program(s) or project(s).
27. PURCHASE OR LEASE OF NONEXPENDABLE PROPERTY.
The Operating Agency may use its own documented procurement procedures which reflect applicable State and local laws and regulations for the purchase or lease of nonexpendable property.
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The Operating Agency must purchase or lease from the lowest, responsive, and responsible bidder. The Operating Agency shall properly identify and inventory all nonexpendable property purchased or leased for $5,000 or more, pursuant to this Contract. The Operating Agency shall provide said inventory to the County upon request.
28. REVENUE DISCLOSURE REQUIREMENT.
Upon request, the Operating Agency shall file with the County a written statement listing all revenue received, or expected to be received, by the Operating Agency from all funding sources applied for, or expected to be applied for, to offset, in whole or in part, any of the costs incurred by the Operating Agency in conducting current or prospective projects or business activities, including, but not necessarily limited to, the project or business activity which is the subject of this Contract. Such statement shall reflect the name, a description of such business activity, the dollar amount of funding provided, or to be provided, by each and every funding source for each such project or business activity, and the full name and address of each funding source. The Operating Agency shall make available for inspection and audit to the County's representatives, upon request, at any time during the duration of this Contract, and for a period of five (5) years thereafter, all of its books and records relating to the operation of each project or business activity which is funded in whole or in part with all funding sources including the project(s) funded under this Contract, whether or not such monies are received through the County. All such books and records shall be maintained by the Operating Agency at a location in Los Angeles County.
Failure of the Operating Agency to comply with the requirements of this Section 28 of this Contract shall constitute a material breach of this Contract upon which the County may immediately cancel, terminate, or suspend this Contract.
29. JOINT FUNDING.
For projects in which there are sources of funds in addition to PLHA Program funds, the Operating Agency shall provide proof of such other funding upon request. The County shall not pay for any costs incurred by the Operating Agency, which are funded by other sources. All restrictions and/or requirements provided for in this Contract, relative to accounting, budgeting, and reporting, apply to the total project regardless of funding source. Separate financial records shall be kept for each funding source and program.
30. REVERSION OF ASSETS.
Upon expiration or termination of this Contract, the Operating Agency shall immediately transfer to the County any remaining PLHA Program funds on hand at the time of expiration or termination of this Contract and any accounts receivable attributable to the use of PLHA Program funds. Any real property under the Operating Agency's ownership or possession that was acquired or improved in whole or in part with PLHA Program funds in excess of $25,000 shall be disposed of in a manner, which results in the County being reimbursed in August 2025 12
the amount of the current market value of the property less any portion thereof attributable to expenditures of non-PLHA Program funds for the acquisition of, or improvement to, the property.
31. FISCAL LIMITATIONS.
The State of California, may, in the future, place programmatic or fiscal limitation(s) on PLHA Program funds. Accordingly, the County reserves the right, in its sole discretion, to revise this Contract in order to take into account actions and events affecting PLHA Program funding. In the event of a PLHA Program funding reduction by the State, the County may, in its sole discretion, reduce the compensation amount of this Contract in whole or in part, or may limit the rate of the Operating Agency's use of both its uncommitted and its unspent funds.
Where the County has reasonable grounds to question the fiscal accountability, financial soundness, or compliance with this Contract of the Operating Agency, the County may suspend this Contract for up to thirty (30) days, upon three (3) days’ notice to the Operating Agency pending an audit or other resolution of such questions. In no event, however, shall a revision made by the County affect expenditures and legally binding commitments made by the Operating Agency before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable, that such commitments are consistent with the State cash withdrawal guidelines, and that PLHA Program funds are available to the County to satisfy such expenditures or legally binding commitments.
32. FINANCIAL CLOSEOUT PERIOD.
The Operating Agency agrees to comply and complete all necessary financial closeout procedures required by the County and, within a period of not more than forty-five (45) calendar days from the expiration date of this Contract. This time period will be referred to as the financial closeout period. The County is not liable to provide reimbursement for any expenses or costs associated with this Contract after the expiration of the financial closeout period. After the expiration of the financial closeout period, those funds not paid to the Operating Agency under this Contract, if any, may be immediately reprogrammed by the Operating Agency into other eligible activities. The County may request a final financial audit for activities performed under this Contract at the expiration of the financial closeout period.
33. AFFIRMATIVE ACTION.
The Operating Agency shall make every effort to ensure that all projects funded wholly or in part by PLHA Program funds shall provide equal employment and career advancement opportunities for minorities and women. In addition, the Operating Agency shall make every effort to employ residents of the project area(s).
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34. DISCRIMINATION.
No person shall, on the grounds of race, gender, sexual orientation, creed, color, religion, national origin, age, or physical handicap, be excluded from participating in, be refused the benefits of, or otherwise be subjected to discrimination in any activities, programs, or employment supported by this Contract.
35. TIME OF PERFORMANCE MODIFICATIONS.
The County may grant time of performance modifications to activities funded under this Contract when such modifications:
a. Are specifically requested by the Operating Agency;
b. Will not change the project goals or scope of services; c. Are in the best interests of the County and the Operating Agency in performing the scope of services under this Contract;
d. Do not alter the total amount of compensation under this Contract; and e. Are in writing prior to expenditures being made.
36. HOUSING ELEMENT COMPLIANCE.
The Operating Agency must have a Housing Element that has been adopted by the local government’s governing body by the application deadline and subsequently approved by HCD to be in substantial compliance with State Housing Element Law pursuant to Government Code Section 65585.
37. PET FRIENDLY HOUSING ACT OF 2017.
Housing funded through the PLHA Program is subject to the Pet Friendly Housing Act of 2017 (HSC Section 50466). The Operating Agency will be required to obtain a signed and dated certification that residents of the PLHA Program-funded Housing development will be authorized to own or otherwise maintain one or more common household pets as required by HSC Section 50466.
Pursuant to this statute, “common household pet” means a domesticated animal, such as a dog or cat, commonly kept in the home for pleasure rather than for commercial purposes.
38. INDEPENDENT CONTRACTOR.
Both Parties hereto in the performance of this Contract will be acting in an independent capacity and not as agents, employees, partners, joint venture partners, or associates of one another. The employees or agents of one Party shall not be deemed or construed to be the employees or agents of the other Party for any purpose whatsoever, including workers' compensation liability. The Operating Agency shall bear the sole responsibility and liability for furnishing workers' compensation benefits to any person for injuries arising from or August 2025 14
connected with services performed on behalf of the Operating Agency pursuant to this Contract.
39. EMPLOYEES OF OPERATING AGENCY.
Workers’ Compensation: The Operating Agency understands and agrees that all persons furnishing services to the County pursuant to this Contract are, for the purposes of workers' compensation liability, employees solely of the Operating Agency. The Operating Agency shall bear sole responsibility and liability for providing workers' compensation benefits to any person for injuries arising from an accident connected with services provided to the County under this Contract.
Professional Conduct: The County does not and will not condone any acts, gestures, comments, or conduct from the Operating Agency’s employees, agents or subcontractors which may be construed as sexual harassment or any other type of activities or behavior that might be construed as harassment. The County will properly investigate all charges of harassment by residents, employees, or agents of the County against any and all Operating Agency's employees, agents, or subcontractors providing services for the County. The Operating Agency assumes all liability for the actions of the Operating Agency’s employees, agents, or subcontractors and is responsible for taking appropriate action after reports of harassment are received by the Operating Agency.
40. ASSIGNMENT.
The Operating Agency may not assign or subcontract any portion of this Contract without the express written consent of the County. Any attempt by the Operating Agency to assign or subcontract any performance of the terms of this Contract shall be null and void and shall constitute a material breach of this Contract, upon which the County may immediately terminate this Contract.
41. SUBCONTRACTING.
The requirements of this Contract may not be subcontracted by the Operating Agency without compliance with the procurement standards and methods of the County. Any attempt by the Operating Agency to subcontract without adherence to regulations as required by the County may be deemed a material breach of this Contract.
If the Operating Agency desires to subcontract, the Operating Agency shall provide the following information promptly at the County’s request:
• A description of the work to be performed by the Subcontractor; • A draft copy of the proposed subcontract; and
• Other pertinent information and/or certifications requested by the County.
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The Operating Agency shall remain fully responsible for all performances required of it under this Contract, including those that the Operating Agency has determined to subcontract.
The Operating Agency shall address administrative, contractual, or legal remedies for all contracts in instances where subcontractors violate or breach contract terms. The Operating Agency must provide sanctions and penalties as appropriate.
The Operating Agency shall be solely liable and responsible for all payments or other compensation to all subcontractors and their officers, employees, agents, and successors in interest arising through services performed hereunder.
The Operating Agency shall obtain and maintain on-site certificates of insurance, which establish that the subcontractor maintains all the programs of insurance required by the County from each approved subcontractor. Failure by the Operating Agency to comply with the County’s request may be deemed by the County as a material breach of this Contract.
42. AMENDMENTS/VARIATIONS.
This writing, with attachments, embodies the whole of the agreement of the Parties hereto. No oral agreement shall be binding upon the Parties unless expressly stated herein. Except as provided herein, any addition to or variation of the terms of this Contract shall not be valid unless made in the form of a written amendment of this Contract formally approved and executed by both Parties.
43. NOTICES.
All notices shall be served in writing. The notices to the Operating Agency shall be sent to the following address:
City of Malibu
23825 Stuart Ranch Rd.
Malibu, CA 90265-4861
Notices, reports, and statements to the County shall be personally delivered or sent via First Class U.S. mail to the LACDA’s Executive Director, or designee, at:
Los Angeles County Development Authority
Community Development Division
700 W. Main Street
Alhambra, CA 91801
Each Party shall promptly notify the other of any change in its mailing address.
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44. NEPOTISM.
The Operating Agency shall not hire nor permit the hiring of any person to fill a position funded through this Contract if a member of that person's immediate family is employed in an administrative capacity by the Operating Agency unless this action is approved by the Operating Agency’s governing body and waived by the County. For the purpose of this Section 44, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisory, or management responsibilities, including serving on the governing body of the Operating Agency.
45. RELIGIOUS AND POLITICAL ACTIVITIES.
The Operating Agency agrees that PLHA Program funds under this Contract will be used exclusively for performance of the work required under this Contract, and that no PLHA Program funds made available under this Contract shall be used to promote religious or political activities. Further, the Operating Agency agrees that it will not perform, nor permit to be performed, any religious or political activities in connection with the performance of this Contract.
46. [Intentionally omitted.]
47. DRUG-FREE WORKPLACE.
The Operating Agency agrees to provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Operating Agency's workplace and specifying the actions that will be taken against employees for violation of such prohibition;
b. Establishing an ongoing drug-free awareness program to inform employees about –
i. The dangers of drug abuse in the workplace;
ii. The Operating Agency's policy of maintaining a drug-free workplace;
iii. Any available drug counseling, rehabilitation, and employee assistance programs; and
iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
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c. Making it a requirement that each employee, to be engaged in the performance of the grant, be given a copy of the statement required by Paragraph a. of this Section 47;
d. Notifying the employee in the statement required by Paragraph a. of this Section 47 that, as a condition of employment under the grant, the employee will –
i. Abide by the terms of the statement; and
ii. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction; e. Notifying the County in writing, within ten (10) calendar days after receiving notice under subparagraph d.(ii.) of this Section 47 from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; f. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph d.(ii.) of this Section 47, with respect to any employee who is so convicted –
i. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
ii. Requiring such an employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and
g. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs a-f of this Section 47.
48. COUNTY’S QUALITY ASSURANCE PLAN.
The County will evaluate the Operating Agency’s performance under this Contract on not less than an annual basis. Such evaluation will include assessing the Operating Agency’s compliance with all Contract terms and performance standards. The Operating Agency’s deficiencies, which the County determines are severe or continuing and that may place performance of this Contract in jeopardy, if not corrected, will be reported to the Board of Supervisors. The August 2025 18
report will include improvement/corrective action measures taken by the County and the Operating Agency. If improvement does not occur consistent with the corrective measure, the County may terminate this Contract, or impose other penalties as specified in this Contract.
49. INSURANCE.
The County authorizes the LACDA Risk Management to determine the requirements of the insurance policies to be procured and maintained by the Operating Agency with respect to its activities and obligations hereunder.
Without limiting the Operating Agency's indemnification requirements as set forth in Section 51, INDEMNIFICATION below, the Operating Agency shall provide and maintain at its own expense during the term of this Contract, a program of insurance satisfactory to the LACDA Risk Management covering its operations hereunder, as specifically defined in EXHIBIT B to this Contract, a copy of which is attached hereto and incorporated herein by this reference.
50. FAILURE TO PROCURE INSURANCE.
Failure on the part of the Operating Agency to procure or maintain required insurance, pursuant to EXHIBIT B shall constitute a material breach of the Contract under which the County may immediately suspend or terminate this Contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith. All monies paid by the County shall be repaid by the Operating Agency to the County upon demand or the County may offset the cost of the premiums against any monies due to the Operating Agency from the County.
51. INDEMNIFICATION.
The Operating Agency shall indemnify, defend and hold harmless the LACDA, the County, and its Special Districts, elected and appointed officers, employees, agents and volunteers (“Public Agency Indemnitees”) from and against any and all liability, including but not limited to demands, claims, actions, fees, costs and expenses (including attorney and expert witness fees), arising from and/or relating to this Contract, except for such loss or damage arising from the sole negligence or willful misconduct of the Public Agency Indemnitees.
52. TERMINATION FOR IMPROPER CONSIDERATION (GRATUITIES).
The County may, by written notice to the Operating Agency, immediately terminate the right of the Operating Agency to proceed under this Contract if it is found that improper consideration, in any form, was offered or given by the Operating Agency, either directly or through an intermediary, to any County officer, employee, or agent with the intent of securing this Contract or securing favorable treatment with respect to the award, amendment, or extension of this Contract or the making of any determinations with respect to the Operating Agency’s performance pursuant to this Contract. In the event of such termination, the County shall be entitled to pursue the same remedies against the Operating Agency as it could pursue in the event of default by the Operating Agency.
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The Operating Agency shall immediately report any attempt by the County officer or employee to solicit such improper consideration. The report shall be made to the County Auditor-Controller's Employee Fraud Hotline 800-544-6861.
53. TERMINATION FOR CAUSE.
This Contract may be terminated by the County upon written notice to the Operating Agency for just cause (failure to perform satisfactorily) with no penalties incurred by the County upon termination or upon the occurrence of any of the following events in a, b, c, d, or e:
a. Should the Operating Agency fail to perform all or any portion of the work required to be performed hereunder in a timely manner or properly carry out the provisions of this Contract in their true intent and meaning, then in such case, notice thereof in writing will be served upon the Operating Agency, and should the Operating Agency neglect or refuse to provide a means for satisfactory compliance with this Contract and with the direction of the County within the time specified in such notice, the County shall have the power to suspend or terminate this Contract in whole or in part;
b. Should the Operating Agency fail within five (5) days to perform in a satisfactory manner, in accordance with the provisions of this Contract, or if the work to be done under said Contract is abandoned for more than three (3) days by the Operating Agency; then notice of deficiency thereof in writing will be served upon the Operating Agency;
c. Should the Operating Agency fail to comply with the terms of said Contract within five (5) days, upon receipt of said written notice of deficiency, The County shall have the power to suspend or this Contract in whole or in part;
d. In the event that a petition of bankruptcy shall be filed by or against the Operating Agency; or
e. If, through any cause, the Operating Agency shall fail to fulfill, in a timely and proper manner, the obligations under this Contract, or if the Operating Agency shall violate any of the covenants, contracts, or stipulations of this Contract, the County shall thereupon have the right to terminate this Contract by giving written notice to the Operating Agency of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Operating Agency or under this Contract shall, at the option of the County, become its property and the August 2025 20
Operating Agency shall be entitled to receive just and equitable compensation for any work satisfactorily completed.
54. TERMINATION FOR CONVENIENCE.
The County reserves the right to cancel this Contract for any reason at all upon thirty (30) days' prior written notice to the Operating Agency. In the event of such termination, the Operating Agency shall be entitled to a prorated portion paid for all satisfactory work unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in such a termination.
55. CONFLICT OF INTEREST.
The Operating Agency, its agents, employees, officers, and board members shall comply with all applicable State and County laws and regulations. The Operating Agency agrees to incorporate the language found in this Section 55 in contracts using PLHA Programs funds and subject to compliance with conflict of interest federal, state and County laws.
The general rule shall be that no person described in the Persons Covered section below of this Section 55 who exercises, or has exercised any function or responsibilities with respect to PLHA activities, or who is in a position to participate in a decision-making process or gain inside information with regards to such activities, may obtain a financial interest or benefit from a PLHA assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to a PLHA assisted activity, or with respect to the proceeds of the PLHA assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter.
Persons Covered – The conflict of interest provisions of this Section 55 shall apply to any person who is an employee, agent, consultant, officer, elected or appointed official, or board member of the Operating Agency, or of any designated public agencies, or of any subrecipients that are receiving PLHA Program funds.
The Operating Agency represents, warrants, and agrees that to the best of its knowledge, it does not presently have, nor will it acquire during the term of this Contract, any interest direct or indirect, by contract, employment or otherwise, or as a partner, joint venture or shareholder (other than as a shareholder holding a one percent (1%) or less interest in publicly traded companies) or affiliate with any business or business entity that has entered into any contract, subcontract, or arrangement with the County or LACDA. Upon execution of this Contract and during its term, as appropriate, the Operating Agency shall disclose in writing to the County any other contract or employment during the term of this Contract by any other persons, business, or corporation in which employment will or may likely develop a conflict of interest between the County’s interest and the interests of the third parties.
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56. USE OF RECYCLED-CONTENT PAPER PRODUCTS.
Consistent with the County Board of Supervisors’ policy to reduce the amount of solid waste deposited at the County landfills, the Operating Agency agrees to use recycled-content paper to the maximum extent possible.
57. CONSTRUCTION/REHABILITATION PROJECTS.
The Operating Agency shall submit a request to the County, to conduct a Contract and Labor Compliance File Review within ten (10) days from completion of construction/rehabilitation activities.
58. CONTRACTOR RESPONSIBILITY AND DEBARMENT.
A responsible contractor is a contractor, consultant, vendor, or operating agency who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform this Contract. It is the policy of the County to conduct business only with responsible contractors. a. The Operating Agency is hereby notified that if the County acquires information concerning the performance of a Contractor on any PLHA contract, which indicates that the Contractor is not responsible, the County may, in addition to other remedies provided in this Contract, debar the Contractor from bidding or proposing on, or being awarded, and/or performing work on County contracts for a specified period of time, which generally will not exceed five (5) years, but may exceed five (5) years or be permanent if warranted by circumstances, and terminate any or all existing contracts the Contractor may have with the County. b. The County may debar a contractor, consultant, or vendor, if the Board of Commissioners finds, in its discretion, that the contractor, consultant, or vendor has done any of the following: (1) violated any term of a contract with the County, or a nonprofit corporation created by the County, (2) committed any act or omission which negatively reflects on the its quality, fitness, or capacity to perform and abide by a contract with the County and any other public entity, or a nonprofit corporation created by the County, or engaged in a pattern or practice which negatively reflects on same, (3) committed an act or offense which indicates a lack of business integrity or business honesty, or (4) made or submitted a false claim against the County, or any other public entity.
c. If there is evidence that a Contractor may be subject to debarment, the County will notify the Contractor in writing of the evidence, which is the basis for the proposed debarment and will advise the Contractor of the scheduled date for a debarment hearing before the Contractor Hearing Board.
August 2025 22
d. The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. The Contractor and/or the Contractor’s representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare a tentative proposed decision, which shall contain a recommendation regarding whether the Contractor should be debarred, and, if so, the appropriate length of time of the debarment. The Contractor and the County shall be provided an opportunity to object to the tentative proposed decision prior to its presentation to the Board of Commissioners. e. After consideration of any objections, or if no objections are submitted, a record of the hearing, the proposed decision, and any other recommendation of the Contractor Hearing Board shall be presented to the Board of Commissioners. The Board of Commissioners shall have the right to modify, deny, or adopt the proposed decision and recommendation of the Hearing Board.
f. If a Contractor has been debarred for a period longer than five (5) years, that Contractor may, after the debarment has been in effect for at least five (5) years, submit a written request for review of the debarment determination to reduce the period of debarment or terminate the debarment. The County may, in its discretion, reduce the period of debarment or terminate the debarment if it finds that the Contractor has adequately demonstrated one or more of the following: (1) elimination of the grounds for which the debarment was imposed; (2) a bona fide change in ownership or management; (3) material evidence discovered after the debarment was imposed; or (4) any other reason that is in the best interest of the County.
g. The Contractor Hearing Board will consider a request for review of the debarment determination only where (1) the Contractor has been debarred for a period longer than five (5) years; (2) the debarment has been in effect for at least five (5) years; and (3) the request is in writing, states one or more of the ground for reduction of the debarment period or termination of the debarment, and includes supporting documentation. Upon receiving an appropriate request, the Contractor Hearing Board will provide notice of the hearing on the request. At the hearing, the Contractor Hearing Board shall conduct a hearing where evidence on the proposed reduction of the debarment period or termination of the debarment is presented.
This hearing shall be conducted and the request for review decided by the Contractor Hearing Board pursuant to the same procedures as for a debarment hearing.
h. The Contractor Hearing Board’s proposed decision shall contain a recommendation on the request to reduce the period of debarment or terminate the debarment. The Contractor Hearing Board shall present its August 2025 23
proposed decision and recommendation to the Board of Commissioners.
The Board of Commissioners shall have the right to modify, deny, or adopt the proposed decision and recommendation of the Contractor Hearing Board.
i. These terms shall also apply to subcontractors and subconsultants of the County contractors, consultants, vendors, and operating agencies.
59. STATE PREVAILING WAGE REQUIREMENTS.
This Contract is funded in whole or in part with public funds. The Operating Agency shall be responsible to ensure that the subcontractor complies with all labor requirements of the State of California, which are applicable to this Contract.
The subcontractor shall be responsible for complying with all labor requirements of the State of California prevailing wage laws, regulations, codes, etc., which are applicable to this Contract. They include, but are not limited to, the following:
California Labor Code Section 1770 et seq., which requires Contractors to pay their workers based on the prevailing wage rates established and issued by the Department of Industrial Relations (“DIR”), Division of Labor Statistics, these rates can be obtained on the website at www.dir.ca.gov or by contacting the LACDA, Labor Compliance Unit for the prevailing wage rates on file. The Operating Agency, and its subcontractor(s), shall also: (1) Pay not less than the prevailing wage to all workers, as defined in the California Code of Regulations (“CCR”) Section 16000(a), and as set forth in Labor Code Sections 1771 and 1774; (2) Comply with the provisions of Labor Code Sections 1773.5, 1775, and 1777.5 regarding public works job sites; (3) Provide workers’ compensation coverage as set forth in Labor Code Section 1861; (4) Comply with Labor Code Sections 1778 and 1779 regarding receiving a portion of wages or acceptance fee; (5) Maintain and make available for inspection payroll records, as set forth in Labor Code Section 1776; (6) Pay workers overtime pay, as set forth in Labor Code Section 1815 or as provided in the collective bargaining agreement adopted by the DIR Director as set forth in CCR’s Section 16200; (7) Comply with Section 16101 of these regulations regarding discrimination; (8) Be subject to provisions of Labor Code Section 1777.7 which specifies the penalties imposed on a Contractor who willfully fails to comply with provisions of Section 1777.5; (9) Comply with those requirements as specified in Labor Code Sections 1810 and 1813; and (10) Comply with any other requirements imposed by the State.
60. PHOTOGRAPHS, FOOTAGE, AND OTHER MEDIA MATERIALS.
The Operating Agency represents and warrants that all photographs, videos, DVD's, footage, magazines, and other media materials provided to the County are either public record or have been legally procured without invading the copyright, ownership, or privacy rights of any individual. The Operating Agency further agrees to defend, hold harmless, and indemnify the County from any and all liability, as described in Section 51, INDEMNIFICATION, arising from or August 2025 24
related to the County's use of said photographs, videos, DVD's, footage, magazines, and other media materials.
61. ENERGY POLICY AND CONSERVATION ACT.
The Operating Agency must comply with mandatory standards and policies related to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, Stat. 871).
62. WARRANTY OF AUTHORITY.
The undersigned signatory for the Operating Agency covenants, warrants, and guarantees that he/she is empowered and authorized to sign this Contract on behalf of the Operating Agency in accordance with the terms and conditions stated herein.
63. EXECUTION OF COUNTERPARTS AND ELECTRONIC SIGNATURES.
This Contract may be executed in any number of counterparts, each of which shall be effective only upon delivery, and therefore shall be deemed an original, and all of which shall constitute one and the same document, for the same effect as if all Parties hereto had signed the same signature page.
The facsimile, email, or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals.
64. ENTIRE CONTRACT.
This Contract with EXHIBITS A and B, and any and all PLHA Bulletins, which the County may issue from time to time following the date of execution, constitute the entire understanding and agreement of the Parties. [Signature page starts after this page.]
IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Contract to be subscribed by the Executive Director of the Los Angeles County Development Authority, and the Operating Agency has subscribed the same through its duly authorized officers, on the day, month, and year first above written.
COUNTY OF LOS ANGELES
By: ________________________________
EMILIO SALAS, Executive Director
Los Angeles County Development Authority
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
By: ________________________________
BEHNAZ TASHAKORIAN
Principal Deputy County Counsel
By: ________________________________
Title: ______________________________
APPROVED AS TO PROGRAM:
EMILIO SALAS, Executive Director
Los Angeles County Development Authority
By: ________________________________
LINDA JENKINS, Director
Community Development Division
Los Angeles County Development
CITY OF MALIBU
EXHIBIT B - Insurance Requirements (Revised July 2025) B1
EXHIBIT B
INSURANCE REQUIREMENTS
1.0 INSURANCE
Without limiting the Operating Agency’s indemnification of LACDA Indemnitees, and in the performance of this Contract and until all its obligations pursuant to this Contract have been met, the Operating Agency shall provide and maintain at its own expense insurance coverage satisfying the requirements specified herein. These minimum insurance coverage terms, types and limits (the “Required Insurance”) also are in addition to and separate from any other contractual obligation imposed upon the Operating Agency pursuant to this Contract.
The LACDA does not guarantee that the Required Insurance is sufficient to protect the Operating Agency from liabilities which may arise from or related to this Contract.
The insurance policies are to contain and be endorsed to contain, the provisions set forth herein. All certificates of insurance and endorsements shall carry the following identifier:
City Of Malibu (the “Operating Agency”)
PLH228-25 - Year 5 Activity 6 Interim Housing Motel Voucher Program If circumstances or activities change during the fiscal year for any of the projects, the Operating Agency shall immediately notify the LACDA of any circumstances or activity changes that may affect the insurance requirements herein. The Operating Agency’s failure to comply with and LACDA amended insurance requirements shall be deemed a material breach of this Contract.
Funding advance, reimbursement, or disbursement may be delayed until all the insurance requirements have been met.
Exceptions to the Required Insurance will be granted on a case-by-case basis at the discretion of the LACDA’s Risk Management. Prior to the Operating Agency receiving funds, the LACDA will review the activities of the Operating Agency for required insurance.
The LACDA reserves the right, at its sole and absolute discretion, to amend at any time the provisions of EXHIBIT B.
1.1 Insurance Coverage
All insurance coverage requirements listed below are to be provided upon the execution of the Contract between the Operating Agency and the LACDA, unless otherwise specified.
EXHIBIT B - Insurance Requirements (Revised July 2025) B2 OPERATING AGENCY REQUIREMENTS (Non-Construction):
GENERAL LIABILITY: (providing scope of coverage equivalent to ISO policy form CG 00 01), naming the LACDA, its Special Districts, Elected Officials, Officers, Agents, Employees and Volunteers (collectively "LACDA and its Agents") as Additional Insureds Endorsement page with primary and noncontributory coverage and a waiver of subrogation naming the LACDA and the County of Los Angeles (“County”) is required.
General Aggregate: $2 Million
Personal and Advertising Injury: $1 Million
A
Each Occurrence: $1 Million
SEXUAL MISCONDUCT LIABILITY: Insurance shall include covering for actual or alleged claims for sexual misconduct and/or molestation, and claims for negligent employment, investigation, supervision, training or retention of, or failure to report to proper authorities, a person(s) who committed any act of abuse, molestation, harassment, mistreatment or maltreatment of a sexual nature.
Per Claim $2 Million
B
Aggregate $2 Million
COMMERCIAL AUTOMOBILE INSURANCE: Shall include coverage of all “owned”, “hired” and “non-owned” vehicles, or coverage for “any auto”. Shall C include a waiver of subrogation in favor of the LACDA.
Bodily injury and property damage, in combined
or equivalent split limits, for each single accident
$50 Thousand
WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY: as required by the Labor Code of the State of California. Must include a waiver of subrogation in favor of the LACDA. In all cases, insurance shall include employer’s liability coverage with limits of not less than indicated.
D
Employers’ Liability coverage with limits of not less
than $1 Million
PROFESSIONAL LIABILITY/ERRORS AND OMISSION INSURANCE:
Appropriate to the professional's profession in an amount not less than LACDA requirements. Said insurance shall be maintained for a period of not less than three (3) years following this Contract’s expiration, termination or cancellation.
Per Claim $1 Million
E
Per Aggregate $2 Million
F
CRIME INSURANCE: Including, but not limited to,
coverage against loss of money, employee
theft/forgery, securities, inventory or other property, with limits in amounts not less than indicated.
See Section 1.2.3
EXHIBIT B - Insurance Requirements (Revised July 2025) B3 OPERATING AGENCY REQUIREMENTS (Construction & Environmental):
GENERAL LIABILITY: (providing scope of coverage equivalent to ISO policy form CG 00 01), naming the LACDA, its Special Districts, Elected Officials, Officers, Agents, Employees, and Volunteers (collectively "LACDA and its Agents"). Additional Insured Endorsement page with primary and noncontributory coverage and a waiver of subrogation naming the LACDA and the County is required. Coverage shall include an XCU Endorsement for explosion, collapse, and underground ("XCU") hazards, property damage liability.
General Aggregate: $2 Million
Products/Completed Operations Aggregate $2 Million
Personal and Advertising Injury: $1 Million
A
Each Occurrence: $1 Million
B RESERVED
COMMERCIAL AUTOMOBILE INSURANCE: Shall include coverage of all “owned”, “hired” and “non-owned” vehicles, or coverage for “any auto”, pollution liability broadened coverage for covered autos and a waiver of subrogation.
The automobile liability policy shall be endorsed to include transportation pollution liability insurance covering materials to be transported by Contractor pursuant to the Contract. This coverage may also be provided on the Contractor’s pollution liability policy. If automobiles are to be used for transporting hazardous materials, the Contractor shall provide pollution liability broadened coverage for covered autos as well as proof of MCS 90.
C
Bodily injury and property damage, in combined or
equivalent split limits, for each single accident
$1 Million
WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY: as required by the Labor Code of the State of California. Must include a waiver of subrogation in favor of the LACDA. In all cases, insurance shall include employer’s liability coverage with limits of not less than indicated.
D
Employers’ Liability coverage with limits of not less
than $1 Million
PROFESSIONAL LIABILITY INSURANCE: Appropriate to the professional's profession in an amount not less than the LACDA requirements. Said insurance shall be maintained for a period of not less than three (3) years following this Contract’s expiration, termination or cancellation.
Per Claim $1 Million
E
Per Aggregate $2 Million
F RESERVED
EXHIBIT B - Insurance Requirements (Revised July 2025) B4
1.2 Additional Unique Coverage
1.2.1 Sexual Misconduct Liability
Coverage is required when services in relation to this Contract involve care or supervision of children, seniors and other vulnerable persons and insurance shall include covering for actual or alleged claims for sexual misconduct and/or molestation with limits of not less than $2 million per claim and $2 million G
POLLUTION LIABILITY INSURANCE AND/OR ASBESTOS POLLUTION LIABILITY AND/OR ERRORS & OMISSIONS: applicable to the work being performed including coverage for bodily injury, personal injury, death, property damages, and environmental damage. The LACDA and the County shall be covered as additional insureds on the pollution liability insurance policy with limits not less than $2,000,000 general aggregate and $1,000,000 each occurrence.
Said policy shall also include but not be limited to, coverage for any and all remediation costs, including, but not limited to, brownfield restoration and cleanup costs, and coverage for the removal, repair, handling, and disposal of asbestos and/or lead containing materials where applicable. The LACDA and the County shall be covered as additional insureds on the pollution liability insurance policy. If the general liability insurance policy and/or the pollution liability insurance policy is written on a claims-made form, then said policy or policies shall also comply with all the following requirements:
a. The retroactive date must be shown on the policy and must be before the date of this Contract or the beginning of the work or services that are the subject of this Contract;
b. Insurance must be maintained and evidence of insurance must be provided for the duration of this Contract or for five (5) years after completion of the work or services that are the subject of this Contract, whichever is greater; c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of this Contract, then the Operating Agency must purchase an extended period coverage for a minimum of five (5) years after completion of work or services that are the subject of this Contract;
d. A copy of the claims reporting requirements must be submitted to the LACDA for review; and
e. If the work or services that are the subject of this Contract involve lead based paint or asbestos identification/remediation, then the Operating Agency’s pollution liability shall not contain any lead-based paint or asbestos exclusions;
f. If the services involve mold identification/remediation, the Operating Agency’s pollution liability shall not contain a mold exclusion and definition of “pollution” shall include microbial matter including mold.
EXHIBIT B - Insurance Requirements (Revised July 2025) B5 aggregate, and claims for negligent employment, investigation, supervision, training or retention of, or failure to report to proper authorities, a person(s) who committed any act of abuse, molestation, harassment, mistreatment or maltreatment of a sexual nature.
1.2.2 Professional Liability/Errors and Omissions
Insurance covering the Operating Agency’s liability arising from or related to this Contract, with limits of not less than $2 million per claim and $2 million aggregate. Further, the Operating Agency understands and agrees it shall maintain such coverage for a period of not less than three (3) years following this Contract’s expiration, termination or cancellation.
1.2.3 Crime Coverage
Including, but not limited to, coverage against loss of money, employee theft/forgery, securities, inventory or other property, with limits in amounts not less than indicated.
If the aggregate budgeted amount for the current fiscal year allotted for the Operating Agency is less than Fifty Thousand dollars ($50,000), the Operating Agency shall not be required to comply with this Section 1.2.3.
If the aggregate budgeted amount for the current fiscal year allotted for the Operating Agency is equal to or greater than Fifty Thousand dollars ($50,000), then the Operating Agency shall be required to comply with this Section 1.2.3.
A. The Operating Agency shall procure and maintain, at its sole cost and expense, crime coverage or a fidelity bond covering each employee of the Operating Agency, whether or not they are compensated.
B. The fidelity bond may be either a primary commercial blanket bond or a blanket position bond written by an insurer licensed by the California Insurance Commissioner.
C. The fidelity bond shall provide minimum coverage equivalent to 50% of the cumulative project budget approved for the current fiscal year, not to exceed One Million dollars ($1,000,000). The project budget shall be outlined in EXHIBIT A.
D. The Operating Agency shall maintain the fidelity bond for the duration of this Contract. The fidelity bond may contain a provision for a deductible amount from any loss which, except for such deductible provision, would be recoverable from the insurer. A deductible provision shall not be in excess of ten percent (10%) of the required minimum bond coverage.
If the Operating Agency experiences an increase in funding during the fiscal year, the crime coverage requirement will be reassessed, and additional coverage may be required at the sole discretion of the LACDA. Any deviation from this fidelity bond section shall require specific written approval by the LACDA.
EXHIBIT B - Insurance Requirements (Revised July 2025) B6
1.3 Certificate of Insurance Coverage:
1.3.1. Certificate(s) of Insurance Coverage ("Certificate") satisfactory to the LACDA, and a copy of an Additional Insured Endorsement confirming the LACDA and the County has been given Insured status under the Operating Agency’s general liability and excess liability policy, shall be delivered to the LACDA at the address shown below and provided prior to commencing services under this Contract.
1.3.2. Renewal Certificates shall be provided to the LACDA not less than ten (10) days prior to Operating Agency’s policy expiration dates. The LACDA reserves the right to obtain complete, certified copies of any required Operating Agency and/or Sub-Contractor insurance policies at any time.
1.3.3. Certificates shall identify all Required Insurance coverage types and limits specified herein, reference this Contract by name or number, and be signed by an authorized representative of the insurer(s). The insured party named on the certificate shall match the name of the Operating Agency identified as the contracting party in this Contract. All certificates of insurance and endorsements shall carry the following identifier:
PLH228-25 - Year 5 Activity 6 Interim Housing Motel Voucher Program
1.3.4. Certificates shall provide the full name of each insurer providing coverage, its National Association of Insurance Commissioners ("NAIC") identification number, its financial rating, the amounts of any policy deductibles or selfinsured retentions exceeding Fifty Thousand ($50,000.00) dollars and list any LACDA required endorsement forms.
1.3.5. Neither the LACDA’s failure to obtain, nor the LACDA’s receipt of, or failure to object to a non-complying certificate or endorsement, or any other insurance documentation or information provided by the Operating Agency or, its insurance broker(s) and/or insurer(s), shall be construed as a waiver of any of the Required Insurance provisions.
1.3.6. Certificates and copies of any required endorsements shall be sent to:
Los Angeles County Development Authority
Attn: Community Development Division
700 W. Main Street, Alhambra, CA 91801
1.4 Notices of Injury or Damage or Destruction
The Operating Agency also shall promptly report to the LACDA any injury or property damage accident or incident, including any injury to an Operating Agency employee occurring on an LACDA property, and any loss, disappearance, destruction, misuse, or theft of the LACDA property, monies or securities entrusted to the Operating Agency.
The Operating Agency also shall promptly notify the LACDA of any third-party claim or suit filed against the Operating Agency or any of its Sub-contractors which arises from or relates to this Contract and could result in the filing of a claim or lawsuit against the Operating Agency and/or the LACDA.
EXHIBIT B - Insurance Requirements (Revised July 2025) B7
1.5 Additional Insured Status and Scope of Coverage
The LACDA and the County shall be provided additional insured status under the Operating Agency’s general liability and excess liability policy with respect to liability arising out of the Operating Agency’s products, completed and ongoing operations performed on behalf of the LACDA. The LACDA and the County additional insured status shall apply with respect to liability and defense of suits arising out of the Operating Agency’s acts or omissions, whether such liability is attributable to the Operating Agency or to the LACDA. The full policy limits and scope of protection also shall apply to the LACDA and the County as an additional insured, even if they exceed the LACDA’s minimum Required Insurance specifications herein. Use of an automatic additional insured endorsement form is acceptable provided it satisfies the Required Insurance provisions herein.
1.6 Cancellation of or Change to Maintain Insurance
The Operating Agency shall provide the LACDA with, or the Operating Agency’s insurance policies shall contain a provision that the LACDA shall receive, written notice of cancellation or any change in Required Insurance, including insurer, limits of coverage, term of coverage or policy period. The written notice shall be provided to the LACDA at least ten (10) days in advance of cancellation for non-payment of premium and thirty (30) days in advance for any other cancellation or policy change. Failure to provide written notice of cancellation or any change in Required Insurance may constitute a material breach of the Contract, in the sole discretion of the LACDA, upon which the LACDA may suspend or terminate this Contract.
1.7 Failure to Maintain Insurance
The Operating Agency's failure to maintain or to provide acceptable evidence that it maintains the Required Insurance shall constitute a material breach of the Contract, upon which the LACDA immediately may withhold payments due to Operating Agency, and/or suspend or terminate this Contract. The LACDA, at its sole discretion, may obtain damages from the Operating Agency resulting from said breach. Alternatively, the LACDA may purchase the Required Insurance, and without further notice to the Operating Agency, deduct the premium cost from sums due to the Operating Agency or pursue the Operating Agency’s reimbursement.
1.8 Operating Agency’s Insurance Shall Be Primary
The Operating Agency’s general liability, excess liability, pollution liability and/or asbestos pollution liability and auto liability insurance policies, with respect to any claims related to this Contract, shall be primary with respect to all other sources of coverage available to the Operating Agency. Any LACDA maintained insurance or selfinsurance coverage shall be in excess of and not contribute to any Operating Agency coverage.
1.9 Insurance Specifics
1.9.1. Waivers of Subrogation
To the fullest extent permitted by law, the Operating Agency hereby waives its rights and its insurer(s)’ rights of recovery against the LACDA under all the Required Insurance for any loss arising from or relating to this Contract. The EXHIBIT B - Insurance Requirements (Revised July 2025) B8 Operating Agency shall require its insurers to execute any waiver of subrogation endorsements which may be necessary to effect such waiver.
1.9.2. Sub-Contractor Insurance Coverage Requirements
The Operating Agency shall be responsible for verifying that each Contractor/Sub-Contractor complies with the Required Insurance provisions.
1.9.3. Deductibles and Self-Insured Retentions (SIRs)
The Operating Agency’s policies shall not obligate the LACDA to pay any portion of any Operating Agency deductible or SIR. The LACDA retains the right to require the Operating Agency to reduce or eliminate policy deductibles and SIRs related to the LACDA, or to provide a bond guaranteeing the Operating Agency’s payment of all deductibles and SIRs, including all related claims investigation, administration, and defense expenses. Such bond shall be executed by a corporate surety licensed to transact business in the State of California.
1.9.4. Claims Made Coverage
If any part of the Required Insurance is written on a claims made basis, any policy retroactive date shall precede the effective date of this Contract. The Operating Agency understands and agrees it shall maintain such coverage for a period of not less than three (3) years following Contract expiration, termination or cancellation.
1.9.5. Application of Excess Liability Coverage
The Operating Agency may use a combination of primary, and excess insurance policies which provide coverage as broad as (“follow form” over) the underlying primary policies, to satisfy the Required Insurance provisions.
1.9.6. Separation of Insureds
All liability policies shall provide cross-liability coverage as would be afforded by the standard ISO (Insurance Services Office, Inc.) separation of insureds provision with no insured versus insured exclusions or limitations.
1.9.7. Alternative Risk Financing Programs
The LACDA reserves the right to review, and then approve, the Operating Agency use of self-insurance, risk retention groups, risk purchasing groups, pooling arrangements and captive insurance to satisfy the Required Insurance provisions. The LACDA shall be designated as an additional covered party under any approved alternative risk financing program.
1.10 LACDA Review and Approval of Insurance Requirements The LACDA reserves the right to review and adjust the Required Insurance provisions, conditioned upon the LACDA’s determination of changes in risk exposures.
NOTICE OF PUBLIC HEARING
CITY OF MALIBU
CITY COUNCIL
The Malibu City Council will hold a public hearing on MONDAY, July 13, 2026, at 5:30 p.m. on the item listed below in the Council Chambers at Malibu City Hall, located at 23825 Stuart Ranch Road, Malibu, CA, and via teleconference.
Public comment can be submitted ahead of the public hearing to [email protected] for inclusion in the public record. To view and participate during the public hearing, please review the meeting agenda posted at MalibuCity.org/AgendaCenter and follow the directions for public participation.
APPROVAL OF USE OF PERMANENT LOCAL HOUSING ALLOCATION GRANT
FUNDS FOR MOTEL VOUCHER PROGRAM
IF YOU CHALLENGE THE CITY COUNCIL’S ACTION IN COURT, YOU MAY BE LIMITED TO
RAISING ONLY THOSE ISSUES RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS
NOTICE, OR OTHERWISE HELD BY THE CITY, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY, EITHER AT OR PRIOR TO THE PUBLIC HEARING.
If there are any questions regarding this notice, please contact Susan Dueñas, Public Safety Director, at (310) 456-2489, ext. 313. Copies of all related documents can be reviewed by any interested person at City Hall during regular business hours. Oral and written comments may be presented to the City Council on, or before, the date of the meeting. _______________________________
Susan Dueñas, Public Safety Director
Publish Date: June 11, 2026
ATTACHMENT 3
Agenda Item # 6.A.
Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Nathaniel McLean, Assistant Engineer
Reviewed by: Tatiana Holden, Assistant Public Works Director/City Engineer Approved by: Joseph D. Irvin, City Manager
Date prepared: June 15, 2026 Meeting date: July 13, 2026 Subject: Cooperative Agreement with the State of California for the Pedestrian Undercrossing at Malibu Seafood Project
RECOMMENDED ACTION: Authorize the Mayor to execute the Cooperative Agreement with the State of California (Caltrans) in the amount of $260,000 for providing quality assurance and oversight services for the development of the Project Initiation Documents (PID) phase of the Pedestrian Undercrossing at Malibu Seafood Project.
FISCAL IMPACT: No additional appropriation is required. Funding for this agreement is included in the Adopted Budget for FY 2026-27 in Account No. 310-9114-5100 (PCH Pedestrian Undercrossing at Malibu Seafood).
Project Funding
Metro Measure M $2,250,000
Project Estimated Budget
Cooperative Agreement $260,000
Design $740,000
Construction $1,250,000
Total $2,250,000
Depending on the alternative chosen and other factors, the City may need to identify additional funding to complete the construction of this project.
STRATEGIC PLAN IMPLEMENTATION: This item supports the City’s 2025 – 2028 Strategic Plan Goal 4: Improve Public Safety.
City Council Meeting
07-13-26
Item
6.A.
Agenda Item # 6.A.
Goal 4: Improve Public Safety
Objective 4.1 Reduce injury and fatal collisions on Pacific Coast Highway (PCH).
Strategy: The project will improve pedestrian safety on PCH by isolating pedestrians from vehicular traffic by providing a subterranean pedestrian facility or another safe alternative.
DISCUSSION: The Pedestrian Undercrossing at Malibu Seafood Project is intended to improve pedestrian safety and beach access in an area where people currently cross PCH to access Corral Beach, Malibu Seafood, the Sara Wan trailhead, and other nearby coastal destinations. Because crossing PCH at this location presents significant safety concerns and there are no marked crosswalks nearby, the project is evaluating feasible solutions to provide a safe and accessible connection across or under the highway. Staff is now seeking City Council authorization to execute a Cooperative Agreement with Caltrans for the PID phase, which is the next required step for Caltrans review and approval of project alternatives, preliminary costs, schedule, and overall project development.
Project Background
This project was identified in the 2015 PCH Safety Study to improve safety for pedestrians crossing PCH. The 2015 PCH Safety Study states that many pedestrians currently cross PCH in this area to access the beach, which presents an extremely dangerous condition.
The report identified a safety project consisting of a new pedestrian undercrossing near Malibu Seafood. This project will provide separation from vehicles and ADA-compliant access to beach area.
In 2019, Caltrans proposed to install a new pedestrian hybrid beacon on PCH near Malibu Seafood. Caltrans held a public meeting on March 26, 2019 at the City of Malibu to discuss the pedestrian hybrid beacon project and obtain input from the community. During the meeting, members of the public, City Commissioners, and elected officials expressed support for evaluating a pedestrian undercrossing at this location as an alternative to the pedestrian hybrid beacon. Former Mayor Wagner also suggested that Caltrans evaluate whether the existing drainage culverts could be used or modified to provide a pedestrian undercrossing and requested that Caltrans return for an additional public meeting to discuss that option. On October 30, 2019, a second public meeting at City Hall with Caltrans was held for the pedestrian hybrid beacon project. As a result of the meeting, the City of Malibu Public Works Department requested Caltrans to revert the current Project Report and Supplemental Project Report back to the initial planning stage, investigate indepth alternatives as typically documented within a Caltrans Environmental Impact Study or Report (EIS/EIR), and present the proposed alternatives to the City for input.
Following concerns from the January 26 and March 23, 2022 City of Malibu Public Works Commission Regular Meeting, and the February 23, 2022 Public Works Commission and Public Safety Commission Joint Special Meeting, Caltrans terminated the project to install a pedestrian hybrid beacon on PCH at Corral Canyon and subsequently the City began
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pursuing the Pedestrian Undercrossing at Malibu Seafood Project as identified in the 2015 PCH Safety Study and previously directed by the Council.
The City worked with the Las Virgenes-Malibu Council of Governments (LVMCOG) and Metro to authorize Malibu’s Measure M allocations to finance the project. On February 26, 2024, Council authorized the Mayor to execute the Los Angeles County Measure M Funding Agreement for the PCH Undercrossing at Malibu Seafood Project, which provided $2.25 million in Measure M funds to be used towards the project.
Pedestrian Crossing Alternatives
In 2025, the City entered into an agreement with MNS Engineers, Inc. who has completed a feasibility study evaluating pedestrian crossing alternatives based on existing site conditions, traffic operations, safety, constructability, and the project’s purpose and need.
The findings indicate that three primary alternatives could satisfy the project’s purpose and need.
Undercrossing Options
1. Grade-Separated Pedestrian Undercrossing
o This alternative would construct a new and improved road bridge with a pedestrian undercrossing underneath.
2. Standalone Pedestrian Undercrossing
o This alternative would construct a new concrete tunnel structure under PCH that avoids replacing the road bridge.
The study found that Alternatives One (1) and Two (2) are feasible under existing conditions. A Grade-separated pedestrian undercrossing includes a new road bridge with pedestrian undercrossing or a standalone pedestrian undercrossing. The grade separated options are the safest options for a pedestrian crossing but would be more complex than the at-grade pedestrian crossing.
At Grade Option
3. Pedestrian Crossing
o This alternative would provide a pedestrian crossing at street level using traffic control devices to stop vehicles, such as a Rectangular Rapid-Flashing Beacon (RRFB), Pedestrian Hybrid Beacon (PHB) also known as a HighIntensity Activated crosswalk (HAWK), or other signalized crossing treatment.
The at-grade pedestrian crossing includes marked crosswalks, curb extensions, RRFBs, and HAWKs. An at-grade crossing utilizing a traffic signal or a HAWK, would effectively meet the project’s purpose and need by providing a safe, direct, and convenient connection between the beach and inland attractions like the restaurant, RV park and the state park trailhead. A HAWK Beacon System is a complex mast-arm signal that operates
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like a standard traffic light and requires drivers to come to a complete stop. This system is different from the Type 9B flashing beacon which was proposed by Caltrans in 2019.
Caltrans Cooperative Agreement
Upon Council’s decision, the Caltrans Quality Management Assessment Process (QMAP) will be initiated through commencement of the Cooperative Agreement for the development of the PID. Caltrans QMAP is the process Caltrans uses to provide review, quality assurance, and oversight for locally sponsored projects that affect the State Highway System.
This Cooperative Agreement is for the first phase of the project and includes Caltrans quality assurance and oversight services for the development of the PID. Since this project is a locally sponsored project on the state highway system and the construction cost is in excess of $3 million, Caltrans is required to review and approve the project’s PID. The PID identifies the project’s need and purpose, stakeholder input, project alternatives, anticipated right-of-way requirements, preliminary environmental analysis, initial cost estimates, and potential funding sources.
The PID phase is when Caltrans provides continuous involvement in the development of the project. This ensures that the City and designer are clear regarding the design and approval approach with Caltrans during project development. Caltrans oversight includes active participation in project development team meetings, and Caltrans staff to be assigned to the project. For a project of this complexity and size, Caltrans is allowed to be reimbursed by way of a Cooperative Agreement for the time their staff spend working on the project. Caltrans estimates that it will cost about $260,000 for their staff to perform this work.
Upon completion of the PID, staff will present to Public Works Commission then return to Council with the recommended alternative, updated cost estimate, funding strategy, and any additional agreements or approvals required to advance the project to the next phase.
ATTACHMENTS:
1. Cooperative Agreement with Caltrans
2. Feasibility Memo for Pedestrian Undercrossing at Malibu Seafood Agreement No. 07-5359
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COOPERATIVE AGREEMENT COVER SHEET
Work Description
THE CONSTRUCTION OF A PEDESTRIAN CROSSING AT CORRAL CREEK ALONG PACIFIC COAST HIGHWAY (SR-1), BETWEEN THE BEACH AND
STATE PARK TRAILHEAD ADJACENT TO MALIBU SEAFOOD, LOCATED IN LOS ANGELES COUNTY, BETWEEN POSTMILE 49.7 AND 50.4
Contact Information
The information provided below indicates the primary contact information for each PARTY to this AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes. Contact information changes do not require an amendment to this AGREEMENT.
CALTRANS
Khanh Nguyen, Project Manager
100 S. Main Street
Los Angeles, CA 90012
Office Phone: (213) 269-1202
Email: [email protected]
CITY OF MALIBU
Tatiana Holden, Assistant Public Works Director
23825 Stuart Ranch Road
Malibu, CA 9065
Office Phone: (310) 456-2489 Ext. 338
Email: [email protected]
ATTACHMENT 1
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Table of Contents
COOPERATIVE AGREEMENT COVER SHEET ...........................................................................1 Work Description ............................................................................................................................1 Contact Information ....................................................................................................................... 1 CALTRANS ............................................................................................................................... 1 CITY OF MALIBU .................................................................................................................... 1 COOPERATIVE AGREEMENT ....................................................................................................... 4 RECITALS ......................................................................................................................................... 4 RESPONSIBILITIES ......................................................................................................................... 5 Sponsorship .................................................................................................................................... 5 Implementing Agency .................................................................................................................... 6 Funding ........................................................................................................................................... 7 CALTRANS' Quality Management ................................................................................................ 7 Project Initiation Document (PID) ................................................................................................. 8 Additional Provisions ................................................................................................................... 10 Standards .................................................................................................................................. 10 Noncompliant Work ................................................................................................................. 10 Qualifications ........................................................................................................................... 10 Consultant Selection................................................................................................................. 11 Encroachment Permits.............................................................................................................. 11 Protected Resources ................................................................................................................. 11 Disclosures ............................................................................................................................... 11 Hazardous Materials ................................................................................................................. 12 Claims ....................................................................................................................................... 12 Accounting and Audits ............................................................................................................. 13 Interruption of Work .................................................................................................................13 Penalties, Judgments and Settlements ...................................................................................... 13 GENERAL CONDITIONS .............................................................................................................. 14 Agreement No. 07-5359
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Venue ............................................................................................................................................14 Exemptions...................................................................................................................................14 Indemnification ............................................................................................................................14 Non-parties ...................................................................................................................................15 Ambiguity and Performance ........................................................................................................15 Defaults ........................................................................................................................................16 Dispute Resolution .......................................................................................................................16 Prevailing Wage............................................................................................................................16 REIMBURSEMENT SUMMARY ..................................................................................................18 Funding.........................................................................................................................................19 Invoicing and Payment.................................................................................................................19 Project Initiation Document (PID) ...........................................................................................19 SIGNATURES..................................................................................................................................20 Agreement No. 07-5359
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COOPERATIVE AGREEMENT
This AGREEMENT, executed on and effective from __________________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:
City of Malibu, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY.
An individual signatory agency in this AGREEMENT is referred to as a PARTY. Collectively, the signatory agencies in this AGREEMENT are referred to as PARTIES.
RECITALS
1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System (SHS) per the California Streets and Highways Code, Sections 114 and 130 and California Government Code, Section 65086.5.
2. For the purpose of this AGREEMENT, the construction of a pedestrian crossing at Corral Creek along Pacific Coast Highway (SR-1), between the beach and state park trailhead adjacent to Malibu Seafood, located in Los Angeles County, between postmile
49.7and 50.4, will be referred to hereinafter as PROJECT. CITY desires that a Project Initiation Document (PID) be developed for the PROJECT. The Project Initiation Document will be a Project Study Report-Project Development Support (PSR-PDS).
3. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENT will be referred to hereinafter as WORK:
PROJECT INITIATION DOCUMENT (PID)
Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a distinct group of activities/products in the project planning and development process.
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4. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments.
This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between the PARTIES regarding the PROJECT.
PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT.
If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT.
Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment if there are any changes to the terms of this AGREEMENT.
AGREEMENT will terminate 180 days after PID is signed by PARTIES or as mutually agreed by PARTIES in writing. However, all indemnification articles will remain in effect until terminated or modified in writing by mutual agreement.
5. No PROJECT deliverables have been completed prior to this AGREEMENT.
6. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.
7. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT.
RESPONSIBILITIES
Sponsorship
8. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is responsible for securing Agreement No. 07-5359
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additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds committed in this AGREEMENT.
PROJECT changes, as described in the CALTRANS Project Development Procedures Manual, will be approved by CALTRANS as the owner/operator of the State Highway System.
9. CITY is the SPONSOR for the WORK in this AGREEMENT.
Implementing Agency
10. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT.
CITY is the Project Initiation Document (PID) IMPLEMENTING AGENCY.
The PID identifies the PROJECT need and purpose, stakeholder input, project alternatives, anticipated right-of-way requirements, preliminary environmental analysis, initial cost estimates, and potential funding sources.
11. CITY will provide a Quality Management Plan (QMP) for the WORK in every PROJECT COMPONENT that they are implementing. The QMP describes the IMPLEMENTING AGENCY's quality policy and how it will be used. The QMP will include a process for resolving disputes between the PARTIES at the team level. The QMP is subject to CALTRANS review and concurrence.
12. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK-related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements.
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Funding
13. CITY is the only PARTY committing funds in this AGREEMENT and will fund the cost of the WORK in accordance with this AGREEMENT.
If, in the future, CALTRANS is allocated state funds and Personnel Years (PYs) for PID review or development of this PROJECT, PARTIES will agree to amend this AGREEMENT to change the reimbursement arrangement for PID review.
14. PARTIES will not be reimbursed for costs beyond the funding commitments in this AGREEMENT.
15. Unless otherwise documented in the Reimbursement Summary, overall liability for project costs within a PROJECT COMPONENT, subject to program limitations, will be in proportion to the amount contributed to that PROJECT COMPONENT by each fund type.
16. Unless otherwise documented in the Reimbursement Summary, any savings recognized within a PROJECT COMPONENT will be credited or reimbursed, when allowed by policy or law, in proportion to the amount contributed to that PROJECT COMPONENT by each fund type.
17. WORK costs, except those that are specifically excluded in this AGREEMENT, are to be paid from the funds obligated in the Reimbursement Summary. Costs that are specifically excluded from the funds obligated in this AGREEMENT are to be paid by the PARTY incurring the costs from funds that are independent of this AGREEMENT.
CALTRANS' Quality Management
18. CALTRANS, as the owner/operator of the State Highway System (SHS), will perform quality management work including Quality Management Assessment (QMA) and owner/operator approvals for the portions of WORK within the existing and proposed SHS right-of-way.
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19. CALTRANS' Quality Management Assessment (QMA) efforts are to ensure that CITY's quality assurance results in WORK that is in accordance with the applicable standards and the PROJECT's quality management plan (QMP). QMA does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking WORK.
When CALTRANS performs QMA, it does so for its own benefit. No one can assign liability to CALTRANS due to its QMA.
20. CALTRANS, as the owner/operator of the State Highway System, will approve WORK products in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT.
21. CITY will provide WORK-related products and supporting documentation upon CALTRANS' request for the purpose of CALTRANS' quality management work.
Project Initiation Document (PID)
22. As the PID IMPLEMENTING AGENCY, CITY is responsible for all PID WORK except those activities and responsibilities that are assigned to another PARTY in this AGREEMENT and those activities that may be specifically excluded.
23. Should CITY request CALTRANS to perform any portion of PID preparation work, except as otherwise set forth in this AGREEMENT, CITY agrees to reimburse CALTRANS for such work and PARTIES will amend this AGREEMENT.
24. CALTRANS will be responsible for completing the following PID activities:
CALTRANS Work Breakdown Structure Identifier (If Applicable)
AGREEMENT
Funded Cost
100.05.10.xx Quality Management YES
150.05.05.xx Review of Existing Reports, Data, Studies, and Mapping YES 150.25.20 PID Circulation, Review, and Approval YES
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25. CALTRANS will provide relevant existing proprietary information and maps related to:
Geologic and Geotechnical information
Utility information
Environmental constraints
Traffic modeling/forecasts
Topographic and Boundary surveys
As-built centerline and existing right-of-way
Due to the potential for data loss or errors, CALTRANS will not convert the format of existing proprietary information or maps.
26. When required, CALTRANS will perform pre-consultation with appropriate resource agencies in order to reach consensus on need and purpose, avoidance alternatives, and feasible alternatives.
27. CALTRANS will actively participate in the Project Development Team meetings.
28. The PID will be signed on behalf of CITY by a Civil Engineer registered in the State of California.
29. CALTRANS will review and approve the Project Initiation Document (PID) as required by California Government Code, Section 65086.5.
CALTRANS will complete a review of the draft PID and provide its comments to CITY within 60 calendar days from the date CALTRANS received the draft PID from CITY.
CITY will address the comments provided by CALTRANS. If any interim reviews are requested of CALTRANS by CITY, CALTRANS will complete those reviews within 30 calendar days from the date CALTRANS received the draft PID from CITY.
After CITY revises the PID to address all of CALTRANS’ comments and submits the revised draft PID and all related attachments and appendices, CALTRANS will complete its review and final determination of the revised draft PID within 30 calendar days from the date CALTRANS received the revised draft PID from CITY. Should CALTRANS require supporting data necessary to defend facts or claims cited in the revised draft PID, CITY will provide all available supporting data in a reasonable time so that CALTRANS Agreement No. 07-5359
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may conclude its review. The 30 day CALTRANS review period will be stalled during that time and will continue to run after CITY provides the required data.
No liability will be assigned to CALTRANS, its officers and employees by CITY under the terms of this AGREEMENT or by third parties by reason of CALTRANS’ review and approval of the PID.
Additional Provisions
Standards
30. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; Federal Highway Administration (FHWA) standards; and CALTRANS standards. CALTRANS standards include, but are not limited to, the guidance provided in the:
CADD Users Manual
CALTRANS policies and directives
Plans Preparation Manual
Project Development Procedures Manual (PDPM)
Workplan Standards Guide
Construction Manual Supplement for Local Agency Resident Engineers Local Agency Structure Representative Guidelines
Noncompliant Work
31. CALTRANS retains the right to reject noncompliant WORK. CITY agrees to suspend WORK upon request by CALTRANS for the purpose of protecting public safety, preserving property rights, and ensuring that all WORK is in the best interest of the State Highway System.
Qualifications
32. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them.
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Consultant Selection
33. CITY will invite CALTRANS to participate in the selection of any consultants that participate in the WORK.
Encroachment Permits
34. CALTRANS will issue, upon proper application, the encroachment permit required for WORK within State Highway System (SHS) right-of-way. CITY, their contractors, consultants, agents, and utility owners will not work within the SHS right-of-way without an encroachment permit issued by CALTRANS. CALTRANS will provide an encroachment permit to CITY at no cost. CITY's contractors, consultants, and agents may work under the same permit after completing, signing, and submitting the contractor's authorization form TR-0429 to CALTRANS. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail.
35. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK.
Protected Resources
36. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection.
Disclosures
37. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable, the provisions of California Government Code, Section 7921.505(c)(5) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES.
PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without Agreement No. 07-5359
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the written consent of the PARTY authorized to release them, unless required or authorized to do so by law.
38. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed public records.
Hazardous Materials
39. If any hazardous materials, pursuant to Health and Safety Code 25260(d), are found within the PROJECT limits, the discovering PARTY will notify all other PARTIES within twenty-four (24) hours of discovery.
40. PARTIES agree to consider alternatives to PROJECT scope and/or alignment, to the extent practicable, in an effort to avoid any known hazardous materials within the proposed PROJECT limits.
41. If hazardous materials are discovered within PROJECT limits, but outside of State Highway System right-of-way, it is the responsibility of CITY in concert with the local agency having land use jurisdiction over the property, and the property owner, to remedy before CALTRANS will acquire or accept title to such property.
Claims
42. Any PARTY that is responsible for completing WORK may accept, reject, compromise, settle, or litigate claims arising from the WORK without concurrence from the other PARTY.
43. PARTIES will confer on any claim that may affect the WORK or PARTIES' liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim.
44. If the WORK expends state or federal funds, each PARTY will comply with the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant Agreement No. 07-5359
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hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31. When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT.
Accounting and Audits
45. PARTIES will maintain, and will ensure that any consultant hired by PARTIES to participate in WORK will maintain, a financial management system that conforms to Generally Accepted Accounting Principles (GAAP), and that can properly accumulate and segregate incurred PROJECT costs and billings.
46. PARTIES will maintain and make available to each other all WORK-related documents, including financial data, during the term of this AGREEMENT.
PARTIES will retain all WORK-related records for three (3) years after the final voucher.
PARTIES will require that any consultants hired to participate in the WORK will comply with this Article.
47. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in accordance with the Single Audit Act in the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200.
48. When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with the Local Assistance Procedures Manual, Chapter 10.
Interruption of Work
49. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT right-of-way in a safe and operable condition acceptable to CALTRANS.
Penalties, Judgments and Settlements
50. The cost of awards, judgments, fines, interest, penalties, attorney's fees, and/or settlements generated by the WORK are considered WORK costs.
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51. Any PARTY whose action or lack of action causes the levy of fines, interest, or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT.
GENERAL CONDITIONS
52. All portions of this AGREEMENT, including the RECITALS section, are enforceable.
Venue
53. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located.
Exemptions
54. All CALTRANS' obligations and commitments under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming and allocation of funds by the California Transportation Commission (CTC).
Indemnification
55. Neither CALTRANS nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability Agreement No. 07-5359
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occurring by reason of anything done or omitted to be done by CITY, its contractors, subcontractors, and/or its agents under this AGREEMENT.
56. Neither CITY nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.
Non-parties
57. PARTIES do not intend this AGREEMENT to create a third-party beneficiary or define duties, obligations, or rights for entities in PARTIES not signatory to this AGREEMENT.
PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law.
58. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without an amendment to this AGREEMENT.
Ambiguity and Performance
59. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other PARTY. PARTIES waive the provisions of California Civil Code, Section 1654.
A waiver of a PARTY’s performance under this AGREEMENT will not constitute a continuous waiver of any other provision.
60. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary.
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Defaults
61. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution.
Dispute Resolution
62. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of CITY will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES' legal counsel will initiate mediation. PARTIES agree to participate in mediation in good faith and will share equally in its costs.
Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT.
However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues.
Except for equitable relief and/or to preserve the statute of limitations, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first.
PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located.
63. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.
Prevailing Wage
64. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code § 1771, PARTIES will conform to the provisions of Labor Code §§ Agreement No. 07-5359
Project No.: 0726000121
EA: 07-1A570
07-LA-1-49.7/50.4
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1720-1815, and all applicable provisions of California Code of Regulations, Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts.
Work performed by a PARTY's own employees is exempt from the Labor Code's Prevailing Wage requirements.
If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the Davis-Bacon and Related Acts, 40 U.S.C. §§ 3141-3148.
When applicable, PARTIES will include federal prevailing wage requirements in contracts for public works. WORK performed by a PARTY's employees is exempt from federal prevailing wage requirements.
Agreement No. 07-5359
Project No.: 0726000121
EA: 07-1A570
07-LA-1-49.7/50.4
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REIMBURSEMENT SUMMARY
FUNDING TABLE
IMPLEMENTING AGENCY: CITY
Source Party Fund Type PID Totals
LOCAL CITY Measure 260,000 260,000
Totals 260,000 260,000
SPENDING TABLE
PID
Fund Type CALTRANS Totals
Measure 260,000 260,000
Totals 260,000 260,000
Agreement No. 07-5359
Project No.: 0726000121
EA: 07-1A570
07-LA-1-49.7/50.4
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Funding
65. Per the State Budget Act of 2012, Chapter 603, amending item 2660-001-0042 of Section
2.00, the cost of any engineering support performed by CALTRANS towards any local government agency-sponsored PID project will only include direct costs. Indirect or overhead costs will not be applied during the development of the PID document.
Invoicing and Payment
66. PARTIES will invoice for funds where the SPENDING TABLE shows that one PARTY provides funds for use by another PARTY. PARTIES will pay invoices within forty-five (45) calendar days of receipt of invoice when not paying with Electronic Funds Transfer (EFT). When paying with EFT, CITY will pay invoices within five (5) calendar days of receipt of invoice.
67. If CITY has received EFT certification from CALTRANS then CITY will use the EFT mechanism and follow all EFT procedures to pay all invoices issued from CALTRANS.
Project Initiation Document (PID)
68. CALTRANS will submit an invoice to CITY in the amount of $260,000 after the execution of this AGREEMENT. The invoice amount is the estimated costs for CALTRANS to perform WORK.
CALTRANS will not begin WORK until CITY pays invoice in full.
Upon completion of WORK, CALTRANS will perform a final accounting of WORK costs. Based on the final accounting, CALTRANS will refund or invoice as necessary in order to satisfy the obligation of this AGREEMENT. Should CALTRANS submit an invoice as a result of the final accounting, CITY agrees to pay within forty-five (45) days of receipt of invoice.
Agreement No. 07-5359
Project No.: 0726000121
EA: 07-1A570
07-LA-1-49.7/50.4
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SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.
The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
For Gloria Roberts
D7 District Director
Verification of Funds and Authority:
Elvis John
D7 District Budgets Manager
Certified as to financial terms and policies:
Darwin Salmos
HQ Accounting Supervisor
CITY OF MALIBU
Bruce Silverstein
Mayor
Attest:
Kelsey Pettijohn
City Clerk
Trevor Rusin
Interim City Attorney
Technical Memorandum
To Nathaniel McLean
Date October 16, 2025
Subject Feasibility of a Pedestrian Crossing of Pacific Coast Highway at Malibu Seafood - Sara Wan Trailhead at Corral Canyon
From Shawn Kowalewski, PE
EXECUTIVE SUMMARY
Background
The City is initiating a pedestrian crossing project near Malibu Seafood and the Sara Wan Trailhead at Corral Creek to enhance safety and traffic operations along Pacific Coast Highway (PCH). Identified in the 2015 PCH Safety Study, the project will provide a pedestrian connection between the beach and the state park trailhead adjacent to Malibu Seafood. The community has identified this location as a priority for improved pedestrian access.
Study Area
The project study area is in the vicinity of Corral Creek, between Corral Canyon Road and Malibu Road in Malibu, California.
Key Findings
A pedestrian crossing at this location is considered feasible based on existing site conditions and traffic operations.
An at-grade crossing utilizing a traffic signal or a Pedestrian Hybrid Beacon (PHB), also known as a HAWK or HighIntensity Activated crosswalk, would effectively meet the project’s purpose and need by providing a safe, direct, and convenient connection between the beach and inland attractions like the restaurant, RV park and the state park trailhead. This option would improve pedestrian visibility, reduce unsafe midblock crossings, and enhance overall safety and accessibility along PCH without requiring significant structural modifications or right-of-way impacts.
Alternatives Evaluation
Other alternatives, including grade-separated options such as pedestrian undercrossings, are also anticipated to be feasible and will be further evaluated during Caltrans’ Quality Management Assessment Process (QMAP) project development process. These alternatives will be assessed in greater detail to determine their technical, environmental, and cost implications, as well as their relative benefits to safety, accessibility, and connectivity. The evaluation will consider factors such as right-of-way constraints, constructability, drainage, and user experience to identify the most effective and context-sensitive solution for this location.
Recommendation
A pedestrian crossing of PCH within the study area has been determined to be feasible based on preliminary site conditions, traffic operations, and pedestrian activity patterns. To advance the project, the City should formally engage the California Department of Transportation (Caltrans) to initiate Project Initiation Documentation (PID) phase activities. This engagement will support the development of preliminary design concepts, identify potential environmental and right-of-way considerations, evaluate technical feasibility, and establish coordination requirements with regulatory and permitting agencies. Early collaboration with Caltrans will help ensure that the project complies with State Highway standards and that subsequent design and construction phases proceed efficiently. 201 N. Calle Cesar Chávez, Suite 300
Santa Barbara, CA 93103
Ph 805.692.6921
ATTACHMENT 2
MALIBU SEAFOOD PEDESTRIAN CROSSING FEASIBILITY MEMORANDUM P A G E 2
INTRODUCTION
Project Background
The project is in the City of Malibu, an incorporated city in Los Angeles County, California. Within the City, PCH is a scenic coastal route that runs between the Pacific Ocean and the Santa Monica Mountains, offering ocean vistas on one side and rugged mountainous terrain on the other. The corridor passes through a diverse landscape of beaches, low-lying coastal areas, and hillsides, with drainage flowing southwest toward the ocean. PCH provides a visually striking drive and access to a variety of recreational opportunities while serving as a primary transportation artery for residential, commercial, and recreational areas. The highway extends approximately 21 miles within the City and includes 19 signalized intersections. As a State Highway, PCH is owned, operated, and maintained by the California Department of Transportation (Caltrans) District 7. Figure 1 shows the project vicinity map.
Figure 1: Vicinity Map
Due to diverse land uses, high activity levels, and heavy corridor demand, PCH experiences recurring congestion during peak hours and seasonal coastal visitation periods. Vehicle speeds are often higher than desirable for safety and community quality of life, and collisions occur frequently – averaging one per day. These incidents often result in injuries or fatalities and contribute to periodic roadway closures and localized congestion.
In response to these safety concerns, the Southern California Association of Governments (SCAG) completed a corridor safety study in 2015 to identify strategies to reduce the frequency and severity of collisions. A pedestrian crossing of PCH in the vicinity of Malibu Seafood was identified as a potential project.
The City of Malibu is initiating a pedestrian crossing at Malibu Seafood to improve safety and operations along Pacific Coast Highway (PCH). The project, identified in the 2015 PCH Safety Study, will construct a pedestrian crossing connecting Dan Blocker County Beach (previously known as Corral State Beach) to the Sara Wan Trailhead near Malibu Seafood (25653 PCH). Figure 2 shows the setting of the beach and roadway at Malibu Seafood.
The community supports a pedestrian crossing near Malibu Seafood to improve safety and connectivity. This location has been identified as a priority due to high pedestrian activity between the beach, commercial areas, and nearby trailheads, where current conditions create frequent conflicts with vehicles.
The crossing will provide ADA-compliant access, incorporate lighting for visibility, and require preparation of a stormwater pollution prevention plan and traffic control plan. Located within Caltrans’ right-of-way, the project is subject to Caltrans’ development and permitting process, the City’s Local Coastal Program, and all applicable federal, state, and local regulations.
MALIBU SEAFOOD PEDESTRIAN CROSSING FEASIBILITY MEMORANDUM P A G E 3
Figure 2: Beach and Roadway Setting
Caltrans is a key stakeholder, as the proposed project will traverse State right-of-way and interface directly with Caltrans roadway facilities. The project will be advanced under Caltrans’ QMAP. To initiate this process, the City contacted Caltrans and was advised that a feasibility study must be completed prior to the allocation of Caltrans resources for project development support. This memorandum has been prepared to document the project feasibility.
Similar Initiatives
The City, in coordination with Caltrans, has implemented or is planning several pedestrian crossings along PCH to improve safety and accessibility:
• La Costa Beach Area (Rambla Vista East to Rambla Vista West) o Pedestrian Hybrid Beacon (PHB).
o Installed in October 2019 to assist pedestrians in crossing PCH at an unsignalized location by activating beacon signals when a pedestrian is present.
• Palisades Bowl Mobile Home Park (16321 PCH)
o Pedestrian Hybrid Beacon (PHB).
o This PHB aims to facilitate pedestrian movement across five lanes of traffic to access the beach. • Guernsey Avenue/PCH Intersection
o New crosswalk striping.
o Recently installed to improve pedestrian safety and visibility at this intersection. • Encinal Canyon Road and El Matador Beach Road Intersections o Proposed roundabouts with enhanced pedestrian crossings. o Proposed quick-build roundabouts at these intersections to slow traffic and improve pedestrian safety. • Trancas Creek Bridge
o Bridge replacement with pedestrian facilities.
o Caltrans is replacing the existing bridge with a new structure that includes separate pedestrian lanes, bike lanes, and wider shoulders to enhance safety for all users.
There are 17 traffic signals and 6 midblock PHB crossings on PCH in the City. These initiatives reflect Malibu's ongoing efforts to improve pedestrian safety along PCH, addressing both current needs and future demands.
Prior Caltrans Review for Undercrossing
In 2019, Caltrans prepared a memorandum in response to the City of Malibu’s request to evaluate the feasibility of a pedestrian undercrossing of PCH utilizing the existing Corral Creek Bridge. The review, conducted by the Office of Stormwater and Landscape Architecture with input from Caltrans hydraulics personnel, examined the potential to use
MALIBU SEAFOOD PEDESTRIAN CROSSING FEASIBILITY MEMORANDUM P A G E 4
the existing creek drainage channel for the pedestrian passage. The evaluation concluded that such a configuration was not recommended.
The site lies within Flood Zone AE, also known as the base flood area or 100-year floodplain, as designated by the Federal Emergency Management Agency (FEMA). FEMA regulations allow improvements within Flood Zone AE provided it can be demonstrated that the project will not increase the 100-year flood water surface elevation by more than one foot.
Caltrans discontinued further consideration of the undercrossing concept at the existing bridge based on this flood elevation criterion, without evaluating whether design alternatives could satisfy FEMA requirements or otherwise mitigate flood elevation impacts. In general, pedestrian facilities are not required to be located outside the 100-year floodplain. Modifications to the existing channel or bridge, or complete bridge replacement, are feasible strategies that could be explored to accommodate a pedestrian undercrossing while meeting FEMA criteria.
Purpose and Need
Purpose
Improve pedestrian safety by providing a pedestrian crossing of PCH in the vicinity of Corral Creek, (between Corral Canyon Road and Malibu Road) in Malibu, California – connecting on-street vehicle parking, local businesses, National Recreation facilities and coastal resources.
Enhance and improve coastal access for bicycles and pedestrians consistent with local coastal policies and plans.
Need
Between Latigo Canyon Road and Malibu Canyon Road (3.0 miles) there are only three marked pedestrian crossings of PCH. Between Corral Canyon Road and Malibu Road (0.7 mile) there are over 300 legal and informal on-street parking spaces located on both sides of PCH and primarily serving facilities for ocean activities (Corral State Beach), camping (Malibu RV Park), restaurant eating (Malibu Seafood), and hiking (Sara Wan Trailhead). Additionally, Metro provides Line 134 bus transit services to this area in both north- and south-bound directions. Transit users must cross PCH to use the system.
The need for pedestrians to cross PCH to access these facilities is high – with only one marked crosswalk at Corral Canyon Road. The walking distance for pedestrians using this marked crosswalk could be greater than 1.3 miles in one direction, or 2.6 miles round trip, which results in informal, dispersed and potentially unsafe pedestrian crossings.
A pedestrian crossing is needed in this area.
Study Scope
The study area is on and adjacent to 0.7 miles of PCH (PM 49.7 to 50.4) in the City of Malibu, California – specifically between Corral Canyon Road on the west and Malibu Road on the east end. The site is within the California Coastal Commission’s Coastal Zone. Figure 3 shows the study area imposed on an aerial image.
Figure 3: Study Area
MALIBU SEAFOOD PEDESTRIAN CROSSING FEASIBILITY MEMORANDUM P A G E 5
The project boundaries are set based on recreational opportunities (hiking and beach access), parking, proximity to amenities and lack of crossing opportunities.
Approach and Methodology
This memorandum presents a desktop-level feasibility analysis based on previously developed studies, reports, and available data to evaluate the potential for a pedestrian crossing at the project location. Upon confirmation of feasibility, the project will proceed into the Caltrans Quality Management and Project Delivery (QMAP) process, which includes project initiation, site-specific data collection, and detailed environmental and engineering analyses.
EXISTING CONDITIONS AND SITE ANALYSIS
Safety Deficiencies
Across the corridor, there are recurring safety issues. The first is conflict among travel modes due to competing demands for shoulder use. In areas without sidewalks or bike lanes, pedestrians, cyclists, buses, parked vehicles, and service activities all rely on the shoulder. This limited space within the public right of way creates frequent operational conflicts that require coordinated management or expansion to improve safety.
Parking is a recurring issue along the corridor. Parking demand on PCH far exceeds what is typical for a major roadway, as much of it is accommodated on-street rather than in off-street lots. Parking maneuvers, including slowing to search for spaces, sudden stops, backing, and reentering traffic, create conflicts with pedestrians and cyclists using the shoulder. These maneuvers also disrupt vehicle flow, increasing friction in the right-hand lane and elevating collision potential.
Conflicts between vehicles and pedestrians are common throughout the corridor. As noted previously, pedestrians often share the shoulder with vehicles, and crosswalk visibility and consistency vary significantly. Additional conflicts arise from transit activity, as all bus riders are pedestrians at the start and end of their trips. Many bus stops, some of which predate ADA requirements, lack safe or direct pedestrian connections – particularly those on the north side of PCH opposite key destinations. Without marked crossings nearby, riders frequently cross mid-block. Access to many stops is limited even for able-bodied users, with some lacking paved paths or connections outside the roadway.
Roadway Characteristics
PCH is a primary north-south highway that follows California’s Pacific coastline, providing critical regional connectivity and scenic coastal access. In this segment, PCH is a four-lane highway with notable grades near Malibu Canyon Road and Sea Vista Drive. The vertical alignment varies from flat to rolling terrain in both directions. Due to limited sight distance and vertical curvature, particularly between Latigo Canyon Road and Sea Vista Drive, U-turns are prohibited by median treatments such as raised concrete medians, delineators, or double yellow centerlines.
Left-turn lanes provided at Corral Canyon Road and Puerco Canyon Road. The westbound approach at Corral Canyon Road includes an exclusive U-turn lane. The segment lacks curve, speed, and access warning signs, and street lighting is not provided. Residential driveways and access roads on the north side of PCH have steep grades and lack adequate signing, striping, and illumination. Most driveways along this corridor are limited to right-in/rightout access.
On-street parking is available near commercial areas on both sides of Pacific Coast Highway (PCH), creating potential for sudden parking and turning maneuvers. Near Paradise Cove, for instance, free on-street parking serves as an alternative to paid private parking, leading to frequent U-turns at intersections and midblock locations. These maneuvers contribute to congestion, sudden stops, and vehicle conflicts along the corridor. Street lighting is not provided. The posted speed limit is 50 mph. A speed-monitoring radar is located just west of the Malibu Canyon Road intersection.
The roadway facility is composed of two 12-foot-wide travel lanes and an 8-foot-wide shoulder in each direction. The lanes are separated from each other by either 6- to 12-foot-wide painted median island (western 1,000 feet starting at Corral Canyon Road), or a 6-foot-wide raised concrete median for the remainder of the study area. The functional use zones of this roadway section are illustrated in Figure 4.
MALIBU SEAFOOD PEDESTRIAN CROSSING FEASIBILITY MEMORANDUM P A G E 6
Pedestrian Environment
The City of Malibu attracts millions of visitors annually to its beaches, all accessed via PCH. On-street parking near beaches and the concentration of commercial areas along PCH generate substantial pedestrian activity, creating frequent conflicts with vehicular traffic. In this segment, pedestrians primarily travel between parking areas and destinations, while a smaller portion walk to transit stops or from local residences.
Pedestrian infrastructure is limited, with no sidewalks and few marked crosswalks. Existing crosswalks are located at Corral Canyon Road, with the next nearest crossings 1.9–2.6 miles away, forcing pedestrians to cross midblock.
Most pedestrian movement occurs on roadway shoulders or informal paths connecting PCH to beaches, increasing exposure to vehicles. The roadway is divided with parking on both sides, and street lighting is minimal, provided only at the lifeguard structure near Corral Creek and at the Corral Canyon Road traffic signal, which further reduces visibility during low-light conditions.
These conditions – high vehicle speeds, midblock crossings, parking maneuvers, and lack of continuous pedestrian facilities – create elevated safety risks. Transit access is limited; Bus Route 134 provides one stop in each direction near Corral Creek and Corral Canyon Road, generating additional pedestrian-vehicle interactions at these points.
The combination of recreational, residential, and commercial land uses, along with limited infrastructure, underscores the need for targeted pedestrian safety improvements in this corridor.
Bicycle Environment
In this section, PCH widens into an undulating four-lane arterial with short but steep grades. Vehicle speeds tend to increase through this segment, although the wider shoulders provide additional space for cyclists. Popular hill-cycling routes are accessed from this area. Driveways and intersecting streets are less frequent than in adjacent segments; however, most intersections lack adequate signage and illumination. Edge striping is present in both directions, but designated bicycle lanes are not provided.
Traffic Data
Traffic data for the study area was obtained from the July 2012 investigation documented in the 2015 PCH Safety Study. Table 1 summarizes vehicular Average Daily Traffic (ADT), and Table 2 presents bicycle peak-hour volumes.
Pedestrian volumes were not recorded as part of the 2012 data collection effort; however, they will be documented as part of subsequent engineering studies.
Figure 4: Roadway Uses
24’ Travel Lane
6’ Raised Median
8’ Parking Lane
Pedestrian Zone
2 1
3 4
2 1 1
3 3
4 4
MALIBU SEAFOOD PEDESTRIAN CROSSING FEASIBILITY MEMORANDUM P A G E 7
Table 1: Vehicle Average Daily Traffic
Weekday Weekend
Northbound 17,375 20,944
Southbound 17,026 20,393
Table 2: Bicycle Peak Hour Volume
Weekday Weekend
Northbound 9 32
Southbound 5 130
Corral Canyon Road and Malibu Road (west leg) bound the study area. Turning movement counts for these intersections were also provided in the 2015 PCH Safety Study. Figure 5 displays the turning movements for weekday AM and PM, and weekend midday peak hour vehicle volumes.
Figure 5: Turning Movements – PCH at Corral Canyon Road and Malibu Road (West) Crash history
A review of Statewide Integrated Traffic Records System (SWITRS) data for City of Malibu for all dates available (1/1/2014 to 6/30/2025) shows that there were 1,657 crashes, with 52 victims killed and 2,444 injured. Of these crashes, 126 involved pedestrians (28 killed and 129 injured) and 95 involved bicyclists (5 killed and 101 injured).
Of the 126 pedestrian-involved crashes almost 40% were attributed to crossing not in a crosswalk and associated pedestrian violations:
• 24% Pedestrian failure to yield right-of-way to vehicles when crossing outside of a marked or unmarked crosswalk.
• 8% Pedestrian failure to cross at crosswalks between adjacent traffic signal-controlled intersections.
MALIBU SEAFOOD PEDESTRIAN CROSSING FEASIBILITY MEMORANDUM P A G E 8
• 6% Pedestrian failure to walk close to the edge of the roadway when there is no sidewalk present / Pedestrian failure to walk on the left-hand edge of the roadway when outside of a business or resident district, unless crossing is not possible.
Figure 6 is a heat map of crashes involving pedestrians and bicyclists within and adjacent to the project study area.
Figure 6: SWITRS Heat Map of Crashes Involving Pedestrians and Bicyclists Additional information shown in Tables 3 and 4 for Malibu and Los Angeles County was obtained from the California Office of Traffic Safety (OTS), the Transportation Injury Mapping System (TIMS), and Caltrans “Annual Crash Data on California State Highways”.
Table 3: Collision Data on California State Highways (Conventional Highway; Fatal and Injury; LA County) 2013 2014 2015 2016 2017 2018 2019 2020 2022 2023 Ave % Tot Total 1802 2107 2079 2284 1931 1795 1608 1370 1399 1576 1795 100% Pedestrians 130 111 113 108 85 96 88 74 82 112 100 5.6% Bicycle 111 104 116 106 79 71 48 49 34 54 77 4.3%
Table 4: California Office of Traffic Safety (Malibu)
2018 Rank 2019 Rank 2020 Rank 2021 Rank 2022 Rank Ave % Tot Total 190 1/102 200 1/103 170 1/103 216 1/101 203 1/104 196 100% Pedestrians 15 1/102 12 1/103 8 5/103 15 1/101 15 1/104 13 6.6% Bicycle 13 2/102 6 8/103 10 2/103 10 3/101 7 9/104 9 4.7%
MALIBU SEAFOOD PEDESTRIAN CROSSING FEASIBILITY MEMORANDUM P A G E 9
ALTERNATIVES ANALYSIS
Identification of Alternatives
No-Build
The no-build alternative assumes existing conditions along PCH would remain, and pedestrians would continue to cross at informal or distant locations. While this option avoids construction and environmental impacts, it does not improve safety, accessibility, or connectivity. Pedestrian-vehicle conflicts would persist or worsen as traffic and visitor activity increase.
At-Grade Alternatives
At-grade alternatives include marked crosswalks, curb extensions, Rectangular Rapid-Flashing Beacons (RRFBs), and Pedestrian Hybrid Beacons (PHBs).
Grade-Separated Alternatives
Analyze pedestrian overpasses or underpasses. Due to the terrain and project location in the California Coastal Zone, overpasses are deemed infeasible.
Evaluation Criteria and Ranking
Table 5 is an initial weighted decision matrix that can be used to compare alternatives based on specific criteria.
Safety Benefits
Measures the potential reduction in pedestrian–vehicle conflicts and crashes, and overall safety of use. Higher values indicate greater safety benefits. Grade-separated facilities provide the highest level of protection. The standalone pedestrian undercrossing ranks highest, as it eliminates interaction with traffic and is not expected to be affected by creek storm flows.
Connectivity
Assesses improvements to access between coastal areas, parking, public transportation, restaurants, and restrooms.
Higher values indicate stronger connectivity. The at-grade crossing ranks well because users can cross directly without passing under the roadway. The bridge with undercrossing also ranks well, as it allows pedestrian paths both along and under the highway, enhancing access across the creek.
Table 5: Evaluation Matrix
Maximum
Possible
Points
No-Build
At-Grade
Traffic or HAWK
Signal
Grade-Separated
New Road Bridge
with Pedestrian
Undercrossing
Grade-Separated
Standalone
Pedestrian
Undercrossing
Safety Benefits 40 0 32 36 40
Connectivity 20 0 20 20 16
Accessibility 15 3 15 12 12
Environmental Impact 10 10 10 3 6
Estimated Cost Rank 10 10 9 1 5
Constructability 5 5 4 1 2
Total 100 28 90 73 81
MALIBU SEAFOOD PEDESTRIAN CROSSING FEASIBILITY MEMORANDUM P A G E 10
Accessibility
Evaluates compliance with ADA standards. All the build alternatives provide ADA-compliant access. The at-grade option ranks well since it avoids elevation changes. While undercrossing options include ADA ramps, the required grade changes may reduce user convenience.
Environmental Impact
Considers potential effects on wetlands, habitats, and other sensitive resources. The at-grade option ranks highest due to its smaller footprint, minimal excavation, and avoidance of riparian habitat near the creek.
Estimated Cost Rank
Project cost estimates were prepared and then ranked linearly from least cost ranked 10 to highest cost ranked 1.
Constructability
This covers ease of construction, including right of way or easement acquisition and utility conflicts. The no-build and at-grade options rank highest.
FINANCIAL FEASIBILITY
Table 6 provides a high-level breakdown of estimated costs for the four alternatives. The costs are based on Caltrans Construction Contract Cost Data base and their “11-Page Preliminary Cost Estimate Template.” Roadway and Structures Construction
Capital construction costs are included in this section. Subsections include earthwork, pavement structural section, drainage, specialty items, environmental, traffic items, minor items, structures, mobilization, and contingency.
Right of Way
Right of way and easement acquisition capital costs are included in this category of project expense. Project-borne utility relocation expenses are included here as well.
Support
These include non-capital costs such as Caltrans and City management, engineering and planning for PID, PA&ED and PS&E phase work activities, right of way work and construction management, inspection, and testing.
RECOMMENDATIONS AND NEXT STEPS
The objective of this memorandum is to assess, with supporting documentation, the feasibility of a pedestrian crossing within the study area on Pacific Coast Highway (PCH) between Corral Canyon Road and Malibu Road. The findings indicate that multiple alternatives could satisfy the project’s purpose and need. Based on this determination, the next step is to initiate the Caltrans Quality Management Assessment Process (QMAP) through commencement of the Project Initiation Document (PID) phase.
Table 6: Planning-Level Cost Estimate
No-Build
At-Grade
Traffic or HAWK
Signal
Grade-Separated
New Road Bridge
with Pedestrian
Undercrossing
Grade-Separated
Standalone
Pedestrian
Undercrossing
Roadway and Structures Construction $0 $1,395,000 $12,200,000 $5,425,000 Right of Way $0 $0 $2,500,000 $1,875,000
Support $0 $965,000 $8,100,000 $3,600,000
Total $0 $2,360,000 $22,800,000 $10,900,000
Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Patrick Achis, Senior Planner
Reviewed by: Yolanda Bundy, Community Development Director Tyler Eaton, Assistant Community Development Director
Approved by: Joseph D. Irvin, City Manager
Trevor Rusin, Interim City Attorney
Date prepared: July 10, 2026 Meeting date: July 13, 2026 Subject: Amending and Replacing Resolution Nos. 20-65 and 21-17 (“Wireless Design Standards”) to Restrict New Wireless Facilities in Residential Areas
RECOMMENDED ACTION: 1) Adopt Resolution No. 26-53 (Attachment 1) amending and replacing Resolution No. 20-65 (wireless facilities in the public right-of-way) to restrict new wireless facilities in residential areas, define “residential areas,” and revise related spacing, separation, and location preference standards; 2) Adopt Resolution No. 26-54 (Attachment 2) amending and replacing Resolution No. 21-17 (wireless facilities on land other than the public right-of-way) to restrict new wireless facilities in residential areas and define “residential areas”; and 3) Determine that these resolutions are not subject to the California Environmental Quality Act (CEQA) and, in the alternative, are exempt from CEQA
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
STRATEGIC PLAN IMPLEMENTATION: This item advances Goal 1, Objective 1.2 of the 2025-2028 Strategic Plan by modernizing development policies and procedures citywide to support resilient community development.
BACKGROUND: At its June 22, 2026 meeting, the City Council directed staff to work with community members represented by W. Scott McCollough to evaluate adding restrictions on new wireless facilities in residential areas, also referred to as the “residential fix” to the current standards. The proposed amendments to the City’s City Council Meeting
07-13-26
Item
6.B.
Wireless Design Standards (City Council Resolution Nos. 20-65 and 21-17) implement that direction for placements of new wireless facilities both in public rights-of-way and on private property (Attachments 1 and 2). After the “residential fix” is implemented, the location standards for new wireless facilities will continue to prioritize placements along Pacific Coast Highway (PCH) and the major arterial roads (shown in Figure CI-1 of the General Plan (Attachment 5)), instead of in residential areas.
Following the June 22 City Council meeting, Mr. McCollough submitted suggested changes which included proposals for addressing the “residential fix” as well as other changes between the two resolutions. Staff and the City Attorney’s Office independently reviewed the proposed changes and discussed the subject amendments with Mr.
McCollough. Per the Council’s direction, the “residential fix” changes were prioritized and brought forward for this meeting.
Other changes proposed by Mr. McCollough that go beyond the Council’s June 22, 2026, direction regarding the “residential fix” have been discussed, but are substantial in size and require additional time to review by Staff and the City Attorney’s Office to ensure consistency with state and federal law. Staff intends to return with more amendments at a future Council meeting in August or September to address these proposals.
Malibu’s Wireless Regulation History
In 2020 following concern regarding a batch of new wireless applications, the Council directed staff to update the City’s wireless regulations to reflect changes in federal and state law. The actions listed below implemented this direction in a series of steps with the community, including with Mr. McCollough, adopting local standards within the limits of federal and state law:
§ Public Right-of-Way (ROW) Standards - On December 9, 2020, the City Council adopted Urgency Ordinance No. 477U (made permanent by Ordinance No. 477 in 2021) regulating placement of wireless facilities in the public right-of-way. The ordinance was codified in Malibu Municipal Code (MMC) Title 12 (Streets, Sidewalks and Public Places) as Chapter 12.02. At the same hearing, the Council adopted Resolution No. 20-65, establishing design and development standards and standard permit conditions for those facilities.
§ Public Workshop - On December 16, 2020, City staff and the City Attorney’s Office held a public workshop on the City’s existing ordinance regulating placement of wireless facilities outside the public right-of-way (MMC Chapter 17.46), relevant regulatory documents, and federal and state law.