Malibu City Council
February 27, 2023

C:\Users\Solishia Andico\Desktop\210105_31113 Bailard Rd_APRWF 20-062_EH conf ltr_CRC.docx Recycled Paper Planning Department
163

GEOTECHNICAL REVIEW

REFERRAL SHEET
City of Malibu
23825 Stuart Ranch Rd., Malibu, California CA 90265-4804 (310) 456-2489 FAX (310) 456-7650
FROM:

TO: City of Malibu Geotechnical Staf
City of Malibu Planning Department DATE: 03/31/2021
JOB ADDRESS: 31113 BAILARD RD
APPLICANT / CONTACT: Susan Villain, Vue Ventures, Inc.

APPLICANT ADDRESS: 3829 Calle Joaquin
APPLICANT PHONE #: (310) 409-9008
APPLICANT FAX #:

PROJECT DESCRIPTION: reconstruction of driveway(new configuration), new retaining walls
Calabasas, CA 91302
PROJECT NUMBER: CDPWF 22-006
TO: Malibu Planning Divison and/or Applicant
FROM: City Geotechnical Staff
The project is feasible and CAN proceed through the Planning process.

The project CANNOT proceed through the planning process until geotechnical feasibility is determined. Depending upon the nature of the project, this may require engineering geologic and/or geotechnical engineering (soils) reports which evaluate the site conditions, factor of safety, and potential geologic hazards.

SIGNATURE DATE
Determination of geotechnical feasibility for planning should not be construed as approval of building and/or grading plans which need to be submitted for Building Department approval. At that time, those plans may require approval by City Geotechnical Staff. Additional requirements/conditions may be imposed at the time building and/or grading plans are submitted for review, including geotechnical reports
City Geotechnical Staff may be contacted on Tuesday and Thursday between 8:00 am and 11:00 am or by calling (310) 456-2489, extension 306 or 307.

APPLICANT EMAIL: [email protected]
Rev 120910
July 7, 2022
Based on review of Building and Safety approved project plans (Ahsirt Engineering, Grading Plans dated February 2021), the Geology approval of APRWF 20-062 dated April 6, 2021 remains applicable for CDPWF 22-006.
164
City of Malibu
23825 Stuart Ranch Road • Malibu, California 90265-4861 (310) 456-2489 • Fax (310) 456-3356 • www.malibucity.org

GEOTECHNICAL REVIEW SHEET
Project Information
Date: April 13, 2021 Review Log #: 406
Site Address: 31113 Bailard Road
Lot/Tract/PM #: n/a Planning #: APRWF 20-062
Applicant/Contact: Susan Villain, [email protected] BPC/GPC #:

Contact Phone #: (310) 409-9008 Fax #: Planner: Didier Murillo Project Type: New pool, new retaining walls, new configuration of driveway Submittal Information
Consultant(s) / Report
Date(s):
(Current submittal(s) in Bold.)
GeoConcepts, Inc. (S. Walter, GE 2476; M. Barrett, CEG 2088):
9-18-2020, 9-30-2020, 2-15-2021
Architectural Plans prepared by Coscia Day Architecture and Design, dated March 15, 2020.

Structural Plans prepared by Vlachos Engineering, dated June 5, 2020.

Grading Plans prepared by Ahsirt Engineering, Inc. dated February 2020.

Previous Reviews: 1-21-2021. Geotechnical Review Sheet for PVWF 20-046 (rebuild of SFR and attached garage +10%) dated 11-23-2020.

Review Findings
Planning Review
The project is APPROVED from a geotechnical perspective, with the following comments to be addressed prior to building plan check stage approval.

The project is NOT APPROVED from a geotechnical perspective. The listed ‘Review Comments’ shall be addressed prior to approval.

Building Plan-Check Stage Review
Awaiting Building plan check submittal. Please respond to the listed ‘Building Plan-Check Stage Review Comments’ AND review and incorporate the attached ‘Geotechnical Notes for Building Plan Check’ into the plans.

APPROVED from a geotechnical perspective. Please review the attached ‘Geotechnical Notes for Building Plan Check’ and incorporate into Building Plan-Check submittals.

NOT APPROVED from a geotechnical perspective. The listed ‘Building Plan-Check Stage Review Comments’ shall be addressed prior to Building Plan-Check Stage approval.

Remarks
The referenced supplemental geotechnical reports were reviewed by the City from a geotechnical perspective. Based on the submitted information, the project consists of a new infinity style edge pool, 2,100 lineal feet of site retaining walls, and new configuration of the driveway. New friction piles for the proposed pool shall extend a minimum of 10 feet into marine terrace deposits. 165
City of Malibu Geotechnical Review Sheet
MALW26800 – 2 –
The proposed fire rebuild of the existing residence (PVWF 20-046) and new onsite wastewater treatment system (OWTS) (DMW 20-032) will be reviewed under separate Planning applications.

This project was reviewed under the City of Malibu Environmental Sustainability Department’s Woolsey Fire Rebuild policies, guidelines and geotechnical report considerations. These guidelines grant immediate approval of site feasibility from a geotechnical perspective for rebuilds with like-forlike construction and ten percent or less expansion. Geotechnical consultants prepare reports submitted under these guidelines evaluating and providing recommendations for foundation type and design parameters, retaining wall design parameters (as appropriate), site grading, site drainage, current CBC seismic design parameters, and geo-hazard disclosure. Under most circumstances, quantitative evaluation and mitigation of slope stability, mud flow hazards, fault rupture hazard, and liquefaction potential and related hazards are considered outside the scope of the geotechnical consultant’s reports under these guidelines.

Building Plan-Check Stage Comments for Project Geotechnical Consultant:

None.

Building Plan-Check Stage Review Conditions:

1. The Soils Engineering section on Sheet S-1 of the Structural Plans needs to list the Project Geotechnical Consultant and include recommendations provided in the Project Geotechnical Consultant’s report and all applicable updates.

2. The embedment depths shown on the Foundation Plan (Sheet S-3) need to reflect the minimum depths recommended by the Project Geotechnical Consultant.

3. Indicate the bearing material for all foundation types on the foundation plans. The specific bearing material recommended by the Project Geotechnical Consultant must be included on the plans.

4. Include the following note on all the Foundation Plans: “All foundation excavations must be observed and approved by the Project Structural Engineer prior to placement of reinforcing steel.”

5. Show the limits of grading (i.e., removal and recompaction) on the Grading Plans, as appropriate.

6. The Project Geotechnical Consultant’s recommendation for subgrade moisture conditioning prior to slab-on-grade concrete placement should be included as a note on the Structural Plans, as appropriate.

7. Prior to final approval of the project, an as-built compaction report prepared by the Project Geotechnical Consultant must be submitted to the City for review. The report must include the results of all density tests as well as a map depicting the limits of fill, locations of all density tests, locations and elevations of all removal bottoms. Geologic conditions exposed during grading must be depicted on an as-built geologic map. This comment must be included as a note on the grading plans.

8. Include the following note on the foundation plans, as appropriate: “The Project Geotechnical Consultant shall prepare an as-built report documenting the installation of the pile foundation elements for the City’s files. The report shall include total depths of the piles, depth into the recommended bearing material, minimum required depth into the recommended bearing material, and a map depicting the locations of the piles.”

9. HARD COPY PLANS: Three sets of final residence and grading plans (APPROVED BY BUILDING AND SAFETY) incorporating the Project Geotechnical Consultant’s recommendations and items in this review sheet must be reviewed and wet stamped and manually signed by the Project Engineering Geologist and Project Geotechnical Engineer. City geotechnical staff will review the plans for conformance with the Project Geotechnical Consultants’ recommendations and items in this review sheet over the counter at City Hall. Appointments for final review and approval of the plans may be made by calling or emailing City Geotechnical staff. 166
City of Malibu Geotechnical Review Sheet
MALW26800 – 3 –

10. ELECTRONIC PLANS: If final foundation and civil plans are digitally signed and stamped by the Project Geotechnical Consultant, as allowed under Board of Registration For Professional Engineers and Land Surveyors (2020 PE &PLS Board Rules (16 CCR §§400-476), the Plan Review Letter must contain the following:
• Project description – Address, scope, including structures being permitted (e.g. pool, guest house etc.).
• Plan set information - The date and preparer of the plan set reviewed; this must match the plan set that was submitted to the city for final approval. • Report references -All applicable geotechnical or coastal engineering reports need to be referenced.
• Approval of specific plan sheets reviewed – List all plan sheets approved, e.g. civil (grading and drainage) as well as structural.
• Licensed Professional signature and stamp - The letter must be signed and stamped by all licensed professionals who signed the reports.

Please direct questions regarding this review sheet to City Geotechnical staff listed below.

Engineering Geology Review by: 4/13/2021
Christopher Sexton, C.E.G. #1441, Exp. 11-30-22 Date
Engineering Geology Reviewer (805-496-1222)
Email: [email protected]
Geotechnical Engineering Review by: 4/13/2021
Matthew Janousek, G.E. #3005, Exp. 12-31-22 Date
Geotechnical Engineering Reviewer (805-370-8710)
Email: [email protected]
This review sheet was prepared by representatives of Cotton, Shires and Associates, Inc. and GeoDynamics, Inc., contracted through Cotton, Shires and Associates, Inc., as an agent of the City of Malibu.

167
City of Malibu
– GEOTECHNICAL –

NOTES FOR BUILDING PLAN-CHECK
The following standard items should be incorporated into Building Plan-Check submittals, as appropriate:

1. One set of residence, grading, and foundation plans, incorporating the Project Geotechnical Consultant’s recommendations and items in this review sheet, must be submitted to City geotechnical staff for review.

Additional review comments may be raised at that time that may require a response.

2. Show the address and phone number of the Project Geotechnical Consultant(s) on the cover sheet of the Plans.

3. Include the following note on all the Foundation Plans: “All foundation excavations must be observed and approved by the Project Geotechnical Consultant prior to placement of reinforcing steel.”

4. Foundation setback distances from descending slopes shall be in accordance with Section 1808 of the Malibu Building Code, or the requirements of the Project Geotechnical Consultant’s recommendations, whichever are more stringent. Show minimum foundation setback distances on the foundation plans, as applicable.

5. The Foundation Plans for the proposed structures shall clearly depict the embedment material and minimum depth of embedment for the foundations in accordance with the Project Geotechnical Consultant’s recommendations.

6. Show the proposed onsite wastewater treatment system on the Site Plan.

7. Please contact the Building and Safety Department regarding the submittal requirements for a grading and drainage plan review.

Grading Plans (as Applicable)

1. Grading Plans shall clearly depict the limits and depths of overexcavation, as applicable.

Retaining Walls (As Applicable)

1. Show retaining wall backdrain and backfill design, as recommended by the Project Geotechnical Consultant, on the Plans.

2. Retaining walls separate from a residence require separate permits. Contact the Building and Safety Department for permit information. One set of retaining wall plans shall be submitted to the City for review by City geotechnical staff. Additional concerns may be raised at that time which may require a response by the Project Geotechnical Consultant and applicant.
168

FIRE DEPARTMENT REVIEW

REFERRAL SHEET
City of Malibu
23825 Stuart Ranch Rd., Malibu, California CA 90265-4804 (310) 456-2489 FAX (310) 456-7650
FROM:

TO: Los Angeles County Fire Department
City of Malibu Planning Department DATE: 12/10/2020
JOB ADDRESS: 31113 BAILARD RD
APPLICANT / CONTACT: Susan Villain, Vue Ventures, Inc.

APPLICANT ADDRESS: 3829 Calle Joaquin
APPLICANT PHONE #: (310) 409-9008
APPLICANT FAX #:

PROJECT DESCRIPTION: reconstruction of driveway(new configuration), new retaining walls, and new pool
Calabasas, CA 91302
PROJECT NUMBER: APRWF 20-062
TO: Malibu Planning Department and/or Applicant
FROM: Fire Prevention Engineering Assistant
Compliance with the conditions checked below is required prior to Fire Department approval.

The project DOES require Fire Department Plan Review and Developer Fee payment ______ The project DOES NOT require Fire Department Plan Review ______ The required fire flow for this project is ________ gallons per minute at 20 pounds per square inch for a 1 hour duration. (Provide flow information from the water dept.) ______ The project is required to have an interior automatic fire sprinkler system. ______ Final Fuel Modification Plan Approval is required prior to Fire Department Approval ______ Conditions below marked “not approved” shall be corrected on the site plan and resubmitted for Fire Department approval.

App’d N/app’d
Required Fire Department vehicular access (including width and grade %) as shown from the public street to the proposed project. _____ ______ Required and/or proposed Fire Department Vehicular Turnaround _____ ______ Required 5 foot wide Fire Department Walking Access (including grade %) _____ ______ Width of proposed driveway/access roadway gates _____ ______

*County of Los Angeles Fire Department Approval Expires with City Planning permits expiration, revisions to the County of Los Angeles Fire Code or revisions to Fire Department regulations and standards. **Minor changes may be approved by Fire Prevention Engineering, provided such changes achieve substantially the same results and the project maintains compliance with the County of Los Angeles Fire Code valid at the time revised plans are submitted. Applicable review fees shall be required. __________________________________ _____________________

SIGNATURE DATE
Additional requirements/conditions may be imposed upon review of complete architectural plans.

The Fire Prevention Engineering may be contacted by phone at (818) 880-0341or at the Fire Department Counter:
26600 Agoura Road, Suite 110, Calabasas, CA 91302; Hours: Monday – Thursday between 7:00 AM and 11:00 AM Rev 04/21/10 mr
X
1,250 X
X
X

FIRE REBUILDX
X
X
C. KENNELLY 10-12-2021
169

PUBLIC WORKS REVIEW

REFERRAL SHEET
City of Malibu
23825 Stuart Ranch Rd., Malibu, California CA 90265-4861 (310) 456-2489 FAX (310) 456-7650
FROM:

TO:

City of Malibu Planning Department
Public Works Department
DATE: 12/29/2020
APPLICANT / CONTACT: Susan Villain, Vue Ventures, Inc.

APPLICANT ADDRESS: 3829 Calle Joaquin
APPLICANT PHONE #: (310) 409-9008
APPLICANT FAX #:

PROJECT DESCRIPTION: reconstruction of driveway(new configuration), new retaining walls
Calabasas, CA 91302
PROJECT NUMBER: CDPWF 22-006
JOB ADDRESS: 31113 BAILARD RD
TO: Malibu Planning Department and/or Applicant
FROM: Public Works Department
The following items described on the attached memorandum shall be addressed and resubmitted.

The project was reviewed and found to be in conformance with the City’s Public Works and LCP policies and CAN proceed through the Planning process.

SIGNATURE DATE
APPLICANT EMAIL: [email protected]
Rev 120910
7/6/22
X
170
2 https://malibucity.sharepoint.com/sites/LandDevelopment/Shared Documents/01 LD - Planning and Plan Check Reviews/31113 Bailard Road/APRWF 20-062/01 Planning Stage/The Public Works/1st Submittal/31113Bialard RdAPRWF 20-062.docx Recycled Paper
• Public Works Department General Notes
• The existing and proposed square footage of impervious coverage on the property shall be shown on the grading plan (including separate areas for buildings, driveways, walkways, parking, tennis courts and pool decks).
• The limits of land to be disturbed during project development shall be delineated on the grading plan and a total area shall be shown on the plan. Areas disturbed by grading equipment beyond the limits of grading, areas disturbed for the installation of the septic system, and areas disturbed for the installation of the detention system shall be included within the area delineated.
• The grading limits shall include the temporary cuts made for retaining walls, buttresses, and over excavations for fill slopes and shall be shown on the grading plan.
• If the property contains trees that are to be protected they shall be highlighted on the grading plan.
• If the property contains rare and endangered species as identified in the resources study the grading plan shall contain a prominent note identifying the areas to be protected (to be left undisturbed). Fencing of these areas shall be delineated on the grading plan if required by the City Biologist.
• Private storm drain systems shall be shown on the grading plan. Systems greater than 12-inch diameter shall also have a plan and profile for the system included with the grading plan.
• Public storm drain modifications shown on the grading plan shall be approved by the Public Works Department prior to the issuance of the grading permit.

4. A Local Storm Water Pollution Prevention Plan shall be provided prior to the issuance of the Grading/Building permits for the project. This plan shall include an Erosion and Sediment Control Plan (ESCP) that includes, but not limited to:

Erosion Controls Scheduling
Preservation of Existing
Vegetation
Sediment Controls Silt Fence
Sand Bag Barrier
Stabilized Construction Entrance
Non-Storm Water Water Conservation Practices
Management Dewatering Operations
Waste Management Material Delivery and Storage
Stockpile Management
Spill Prevention and Control
Solid Waste Management
Concrete Waste Management
Sanitary/Septic Waste
Management
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3 https://malibucity.sharepoint.com/sites/LandDevelopment/Shared Documents/01 LD - Planning and Plan Check Reviews/31113 Bailard Road/APRWF 20-062/01 Planning Stage/The Public Works/1st Submittal/31113Bialard RdAPRWF 20-062.docx Recycled Paper
All Best Management Practices (BMP) shall be in accordance to the latest version of the California Stormwater Quality Association (CASQA) BMP Handbook. Designated areas for the storage of construction materials, solid waste management, and portable toilets must not disrupt drainage patterns or subject the material to erosion by site runoff.

MISCELLANOUS

5. The developer’s consulting engineer shall sign the final plans prior to the issuance of permits.

6. The discharge of swimming pool, spa and decorative fountain water and filter backwash, including water containing bacteria, detergents, wastes, alagecides or other chemicals is prohibited. Swimming pool, spa, and decorative fountain water may be used as landscape irrigation only if the following items are met:
• The discharge water is dechlorinated, debrominated or if the water is disinfected using ozonation;
• There are sufficient BMPs in place to prevent soil erosion; and • The discharge does not reach into the MS4 or to the ASBS (including tributaries) Discharges not meeting the above-mentioned methods must be trucked to a Publicly Owned Wastewater Treatment Works.

The applicant shall also provide a construction note on the plans that directs the contractor to install a new sign stating “It is illegal to discharge pool, spa or water feature waters to a street, drainage course or storm drain per MMC 13.04.060(D)(5).” The new sign shall be posted in the filtration and/or pumping equipment area for the property. Prior to the issuance of any permits, the applicant shall indicate the method of disinfection and the method of discharging.

Please include the marked-up set of plans with your next submittal. Also, please include a comment response letter with your next submittal that addresses the above-mentioned items. Failure to submit a detailed comment response letter will result in the Public Works Department not accepting your re-submittal and or may result in additional plan checking fees. 172

DARSHAN SHAH
5805 TRANCAS CANYON
MALIBU, CA 90265
May 16, 2022
RE: ADMINISTRATIVE PLAN REVIEW-WOOLSEY FIRE NO. 20-062, VARIANCE NOS. 21-013, 21-014, AND 22-008
Mr. Mollica,
This letter supports the approval of ADMINISTRATIVE PLAN REVIEW-WOOLSEY FIRE NO. 20-062, VARIANCE NOS. 21-013, 21-014, AND 22-008.

I am a 20 year Malibu resident and have maintained offices in businesses in Malibu during that time.

Kate and David Ellis are neighbors of mine, living almost directly below me.

Fortunately, my house was only damaged during the Woolsey Fire and I was able to move back into my home after one year. I can’t imagine the turmoil Kate and David experienced now being uprooted for three-and-a-half years!
I’ve reviewed this project with David and Kate as it has evolved to try to meet the code restrictions. As proposed, I would be happy to have this house in my neighborhood. I believe the proposed exceptions create an elegant solution to the challengers of the property slope.

I think we should all remember that Kate and David did not choose this rebuild and that it is beyond time to let them move forward after this natural disaster.

Sincerely,
Dr. Darshan Shah
ATTACHMENT 4
173

LINA YETISHEFSKKY & KEVIN MENTEER
66220 PASEO CANYON DRIVE
MALIBU, CA 90265
May 18, 2022
RE: ADMINISTRATIVE PLAN REVIEW-WOOLSEY FIRE NO. 20-062, VARIANCE NOS. 21-013, 21-014, AND 22-008
Mr. Mollica,
This letter supports the approval of ADMINISTRATIVE PLAN REVIEW-WOOLSEY FIRE NO. 20-062, VARIANCE NOS. 21-013, 21-014, AND 22-008.

We live in Malibu West, adjacent to Kate’s and David’s property. The letter, first and foremost, supports the approval of this fire rebuild. Secondly, this letter supports Kate and David, who have been active participants in the Malibu community for 20 years.

Regarding the fire rebuild: The current plans provide a great balance between a beautiful, livable home that benefits the neighborhood while also meeting the codes to ensure everyone’s well-being. We have watched Kate and David modify the house over these years to not only meet the needs of the codes, but also to meet the needs of Kate’s mother, who needs a wheelchair and will be challenged by certain of the fire code requirements.

Regarding the Ellis family: Kate and David support this community in several ways. David maintained an office in Malibu for over a decade. They support the local schools, community activities and charities.

We want these people in our community. Let’s give them the chance to move back home.

Sincerely,
Lina & Kevin
174

SANFORD MICHELMAN
23950 MALIBU ROAD
MALIBU, CA 90265
May 16, 2022
RE: ADMINISTRATIVE PLAN REVIEW-WOOLSEY FIRE NO. 20-062, VARIANCE NOS. 21-013, 21-014, AND 22-008
Mr. Mollica,
This letter supports the approval of ADMINISTRATIVE PLAN REVIEW-WOOLSEY FIRE NO. 20-062, VARIANCE NOS. 21-013, 21-014, AND 22-008.

I have known Kate and David Ellis for 25 years; Malibu has no better champions. In large part because we visited Kate and David in Malibu, my wife, Laura, and I moved to Malibu 3 years ago.

Over the last 3 years, I’ve spent countless hours with David and Kate reviewing the plans to rebuild their home. I’ve seen the changes and iterations made to accommodate the needs for fire approval and other code issues. I believe the plans as proposed represent a good outcome for the community. I know that Kate and David have worked relentlessly to accommodate the community needs while also creating a home which will enhance their neighborhood.

Sincerely,
Sanford Michelman
175

JENNIFER BRIGGS & STEVE ARCE
30652 LA SONORA DRIVE
MALIBU, CA 90265
May 18, 2022
RE: ADMINISTRATIVE PLAN REVIEW-WOOLSEY FIRE NO. 20-062, VARIANCE NOS. 21-013, 21-014, AND 22-008
Mr. Mollica,
This letter supports the approval of ADMINISTRATIVE PLAN REVIEW-WOOLSEY FIRE NO. 20-062, VARIANCE NOS. 21-013, 21-014, AND 22-008.

My husband, Steve Arce, is a life-long resident of Malibu and I have lived here 29 years. We are localbusiness owners; we own the Eyeglass shop 9026-Eyes and have owned businesses here for 30 years.

Our four children were raised in Malibu.

This context is important because we appreciate having Kate and David Ellis in our Malibu community.

Finding a couple which supports the local community as much as the Ellises would prove difficult. The Ellises constantly support local stores (like ours) and restaurants. As important, they support the local school charities and have sponsored the little league although they don’t have children of their own. In short, these are people we want to keep in our community.

On a personal note, the Ellises also made their home open to this community. My family, and many others, have enjoyed countless evenings at their weekend open-houses; the Ellises allowed our children and other families to use their home for prom parties or graduation parties; and Christmases, Thanksgivings and Easters have not been the same since we could not celebrate at the Ellises after the Woolsey Fire.

I know that Kate and David have spent tireless hours over the last three-and-a-half years to work with the City and the Fire Department to find a solution to rebuild. This project should be approved.

Sincerely,
Steve Are Jenn Briggs
176

DANA GRAULICH
31030 CUTHBERT
MALIBU, CA 90265
May 18, 2022
RE: ADMINISTRATIVE PLAN REVIEW-WOOLSEY FIRE NO. 20-062, VARIANCE NOS. 21-013, 21-014, AND 22-008
Mr. Mollica,
This letter supports the approval of ADMINISTRATIVE PLAN REVIEW-WOOLSEY FIRE NO. 20-062, VARIANCE NOS. 21-013, 21-014, AND 22-008.

My husband, Dean, and I are Malibu residents and local business owners; we own and operate Malibu Coast Animal Hospital.

I have known Kate and David Ellis for approximately 20 years; both Kate and David truly support Malibu businesses and the community.

I have reviewed the schematic design plans and understand the scope of the project. I believe the Ellises and their architect have come up with a sensitive way to meet the codes for this hillside property and that the project would be an improvement to the neighborhood and Malibu in general.

Sincerely,
Dana Graulich
177
City Of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265

PLANNING DEPARTMENT
Notice of Public Hearing
Phone (310) 456-2489
www.malibucity.org
Notice of Public Hearing
The Malibu Planning Commission will hold a public hearing on Monday, July 18, 2022, at 6:30 p.m. for the project identified below which will be held via teleconference only in order to reduce the risk of spreading COVID-19 pursuant to AB 361 and the County of Los Angeles Public Health Officer’s Safer at Home Order.

COASTAL DEVELOPMENT PERMIT-WOOLSEY FIRE NO. 22-006, VARIANCE NOS. 21-013, AND 21-014 AND 22-008 - An application for the reconstruction of an existing driveway, new retaining walls, two-car garage and decking located on steep slopes for a Woolsey Fire affected parcel; including variances for construction on slopes steeper than 2.5 to 1, height of retaining walls in excess of six feet in height and a combined height of 12 feet in height, but not to exceed 24 feet, 7 inches and a combined height up to 32 feet, 1 inch, and for non-exempt grading over 1,000 cubic yards, not to exceed 2,130 cubic yards LOCATION / APN / ZONING: 31113 Bailard Rd / 4470-011-038 / Rural Residential-Five Acre (RR-5) APPLICANT / OWNER(S): Vue Ventures, Inc. / David W. and Kate Williams Ellis APPEALABLE TO: City Council
ENVIRONMENTAL REVIEW: Categorical Exemption CEQA Guidelines Section 15302 APPLICATION FILED: December 10, 2020
CASE PLANNER: Philip Coronel, Assistant Planner, [email protected] (310) 456-2489, ext. 373
A written staff report will be available at or before the hearing for the project, typically 10 days before the hearing in the Agenda Center: http://www.malibucity.org/agendacenter. Related documents are available for review at City Hall or by contacting the Case Planner. You will have an opportunity to testify at the public hearing; written comments which shall be considered public record, may be submitted any time prior to the beginning of the public hearing. If the City’s action is challenged in court, testimony may be limited to issues raised before or at the public hearing. To view or sign up to speak during the meeting, visit www.malibucity.org/virtualmeeting.

LOCAL APPEAL - A decision of the Planning Commission may be appealed to the City Council by an aggrieved person by written statement setting forth the grounds for appeal. An appeal shall be filed with the City Clerk within ten days following the date of action which the appeal is made and shall be accompanied by an appeal form and filing fee, as specified by the City Council. Appeal forms may be found online at www.malibucity.org/planningforms or in person at City Hall, or by calling (310) 456-2489, extension 245.

RICHARD MOLLICA, Planning Director Date: June 16, 2022
178
ATTACHMENT 5

CITY OF MALIBU PLANNING COMMISSION
RESOLUTION NO. 22-44

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

MALIBU, DETERMINING THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AND
APPROVING COASTAL DEVELOPMENT PERMIT-WOOLSEY FIRE NO. 22- 006 TO ALLOW THE RECONSTRUCTION OF AN EXISTING DRIVEWAY, AND CONSTRUCTION OF NEW RETAINING WALLS; INCLUDING
VARIANCE NO. 21-013 FOR THE REPLACEMENT DRIVEWAY AND TO

RETROACTIVELY APPLY TO A TWO-CAR GARAGE AND DECKING

PREVIOUSLY APPROVED UNDER PLANNING VERIFICATION
WOOLSEY FIRE NO. 20-046 ON SLOPES STEEPER THAN 2.5 TO 1, VARIANCE NO. 21-014 FOR HEIGHT OF RETAINING WALLS OVER SIX FEET IN HEIGHT BUT NOT TO EXCEED 24 FEET, 7 INCHES AND A COMBINED HEIGHT UP TO 32 FEET, 1 INCH, AND VARIANCE NO. 22-008 FOR NON-EXEMPT GRADING OVER 1,000 CUBIC YARDS. NOT TO
EXCEED 2,130 CUBIC YARDS, FOR A HOME DESTROYED IN THE 2018

WOOLSEY FIRE, LOCATED IN THE RURAL RESIDENTIAL, FIVE-ACRE ZONING DISTRICT AT 31113 BAlLARD ROAD (ELLIS AND WILLIAMS ELLIS)
The Planning Commission of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. On December 10, 2020, an application for Administrative Plan Review Woolsey Fire (APRWF) No. 20-062, was submitted to the Planning Department by the applicant, Vue Ventures, on behalf of the property owners, David W. Ellis and Kate Williams Ellis. The application was routed to the City Biologist, City Environmental Health Administrator, City geotechnical consultant reviewers, City Public Works Department, and Los Angeles County Fire Department (LACFD) for review.

B. On April 29, 2021, Planning Department staff conducted a site visit to document site conditions, the property and surrounding area.

C. On July 20, 2021, Variance (VAR) Nos. 21-013 and 21-014 were added to the project for construction on slopes steeper than 2.5 to 1, and for height of retaining walls over six feet in height.

D. On August 30, 2021, the APRWF application was deemed complete for processing.

E. On October 21, 2021, a Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Malibu and was mailed to all property owners and occupants within a 500-foot radius of the subject property.

F. On November 15, 2021, the Planning Commission continued the item to a date uncertain to address grading quantities and inquiries from a Planning Commissioner.

G. On April 4, 2022, VAR No. 22-008 was added to the project for additional non exempt grading exceeding 1,000 cubic yards not to exceed 2,130 cubic yards. 179
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H. On May 12, 2022, a Notice of Planning Commission Public 1-learing was published in a newspaper of general circulation within the City of Malibu and was mailed to all property owners and occupants within a 500-foot radius of the subject property.

I. On June 6, 2022, the Planning Commission continued the subject application to a date certain. A new Notice of Planning Commission Public Hearing was not required.

J. On June 20, 2022, the Planning Commission continued the subject application to a date uncertain.

K. On June 21, 2022, the subject application was changed from APRWF No. 20-062 to Coastal Development Permit Woolsey Fire (CDPWF) No. 22-006.

L. On June 23, 2022, a Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Malibu and was mailed to all property owners and occupants within a 500-foot radius of the subject property.

M. On July 18, 2022, the Planning Commission continued the subject application to the August 1, 2022 Regular Planning Commission meeting. A new Notice of Planning Commission Public Hearing was not required.

N. On August 1, 2022, the Planning Commission held a duly noticed public hearing on the subject application, reviewed and considered the staff report, public testimony, and other information in the record.

SECTION 2. Environmental Review.

Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), the Planning Commission has analyzed the proposed project. The Planning Commission has found that this project is listed among the classes of projects that have been determined not to have a significant adverse effect on the environment. Therefore, the project is categorically exempt from the provisions of CEQA according to CEQA Guidelines Sections 15302 (Replacement or Reconstruction). The Planning Commission has further determined that none of the six exceptions to the use of a categorical exemption applies to this project (CEQA Guidelines Section 15300.2).

SECTION 3. Coastal Development Permit Findings.

Based on the evidence contained within the record, including the agenda report for the project and the hearing on July 18, 2022, and pursuant to Local Coastal Program (LCP) Local Implementation Plan (LIP) Sections 13.7(B) and 13.9, and Malibu Municipal Code (MMC), the Planning Commission hereby adopts the findings in the agenda report and approves CDPWF No 22-006 to allow the reconstruction of an existing driveway, and construction of new retaining walls; including VAR No. 21-013 for the replacement driveway and to retroactively applied to a two-car garage and decking previously approved under Planning Verification-Woolsey Fire (PVWF) No. 20-046 on slopes steeper than 2.5 to 1, VAR No. 2 1-014 for height ofretaining walls over six feet in height but not to exceed 24 feet, 7 inches and a combined height up to 32 feet, 1 inch, and VAR No. 22-008 for non-exempt grading over 1,000 cubic yards, not to exceed 2,130 cubic yards, for a home destroyed in the 2018 Woolsey Fire, located in the Rural Residential, Five-Acre (RR-5) zoning district at 31113 Bailard Road.
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The project is consistent with the zoning, grading, cultural resources, water quality, and OWTS requirements of the LCP. The project, as conditioned, has been determined to be consistent with all applicable LCP codes, standards, goals, and policies. The required findings are made herein.

A. General Coastal Development Permit (LIP Chapter 13)

1. The project is located in the RR-5 residential zoning district, an area designated for residential uses. The project is for a driveway reconfiguration, addition of retaining walls and additional non-exempt grading. The proposed project is requesting VAR No. 21-013 for construction on slopes steeper than 2.5 to 1, VAR No. 21-014 for height of retaining walls over six feet in height but not to exceed 24 feet, 7 inches and a combined height up to 32 feet, 1 inch, and VAR No. 22-008 for non-exempt grading over 1,000 cubic yards, not to exceed 2,130 cubic yards. The project has been reviewed for conformance with the LCP by the Planning Department, City Biologist, City Environmental Health Administrator, City geotechnical consultant reviewers, LACFD, City Public Works Department, and WD29. As discussed herein, based on submitted reports, project plans, visual analysis and site investigation, the proposed project, as conditioned, conforms to the LCP in that it meets all applicable residential development standards.

2. The subject parcel is not located between the first public road and the sea. The project site is located inland and not located along the shoreline. Therefore, this finding does not apply.

3. The proposed site improvements are located on the same site as a previously destroyed single-family residence. The proposed project will provide improved fire access to the single-family residence. The proposed project meets the development policies of the LCP and has been determined to be the least environmentally damaging feasible alternative.

4. The subject property is not in a designated ESHA or ESHA buffer, as shown on the LCP ESHA and Marine Resources Map. Therefore, Environmental Review Board review was not required, and this finding does not apply.

B. Variance for Construction on Slopes Steeper than 2.5 to 1 (LIP Section 13.26)

1. The parcel’s topography consists of steep slopes on the northern and southern portions of the lot with most of the flag portion of the lot containing a long steep driveway on slopes that are between 3 to I and 1 to 1. The surrounding neighborhood was constructed in the 1960s to 1970s, when the City was still unincorporated Los Angeles County. Before cityhood, these parcels were developed without the need for variances for construction on steep slopes as evident with surrounding neighbors, which were built into the hillside similarly to the proposed development. The applicant proposed to rebuild the destroyed residence through PVWF No 20- 046 within the previously existing building pad which consists mostly of 3 to 1 slopes or flatter.

However, a portion of the proposed two-car garage and deck under that application are located on variance slopes and are requesting after-the-fact approval through the subject application. This after-the-fact approval was the result of the applicant trying to rebuild the destroyed residence while trying to bring the development closer into conformance with today’s fire safety access requirements. Additionally, the proposed driveway and the required Fire Department turnaround, access to the garage and decking are proposed on slopes equal to or steeper than 2.5 to 1. Therefore, 181
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residential development on the subject property may not be feasible without the granting of a variance for construction on slopes steeper than 2.5 to 1.

2. The proposed variance will allow construction of a flatter pad for the required Fire Department turnaround to provide required ingress and egress to the property as well as access into the garage. The proposed development will not be detrimental to the public’s interest, safety, health or welfare and will not be detrimental or injurious to the property or improvements in the same vicinity and zone as the subject property. The granting of the proposed variance will substantially improve the safety and welfare of the subject property owners and other surrounding homeowners as the proposed construction is designed to provide Fire Department access.

Furthermore, the project has been reviewed and approved by Planning Department, City Biologist, City Environmental Health Administrator, City geotechnical consultant reviewers, City Public Works Department, and LACFD for conformance with the MMC and determined not to be detrimental to the public interest safety, health or welfare, nor detrimental or injurious to the property.

3. As previously stated, the site’s topography contains steep slopes on the northern and southern portions of the lot with most of the flag portion of the lot, containing a long steep driveway. There is no other area on the property that could be utilized for the Fire Department access. Therefore, approval ofthe variance will grant relieffrom a technical development standard, which if strictly applied, would preclude a single-family development on the subject property. The proposed development is consistent with surrounding properties and in the RR-5 zoning district.

Therefore, the granting of the variance will not constitute a special privilege to the applicant or the property owner.

4. The granting of the proposed variance will not be contrary to or in conflict with the LCP as the improvements, consisting of a single-family residence and associated development are allowed in the RR-5 zoning district. As previously stated in Section A, with the inclusion of the variance, the project is consistent with the LCP, the Coastal Act, and other applicable regulations.

The granting of the variance will not be contrary to or in conflict with the general purposes and intent of LIP Chapters 8 and 13, nor the goals, objectives, and policies of the LCP.

5. The requested variance is not associated with ESHA or ESHA buffer standards.

Therefore, this finding does not apply.

6. The requested variance is not associated with any stringline. Therefore, this finding does not apply.

7. The variance request is for development on slopes steeper than 2.5 to 1 to provide the required Fire Department turnaround and driveway to the property in compliance with LACFD as well as access into the garage for the single-family residential development in the RR-5 zoning district. Therefore, the variance request does not authorize a use or activity that is not expressly authorized by the zoning regulations for the subject property.

8. The subject site is physically suitable for the proposed variance. The proposed development is sited on the disturbed portion of the subject site, however, construction on slopes steeper than 2.5 to 1 cannot be avoided. In addition, the proposed project has been reviewed and approved by City geotechnical consultant reviewers and City Public Works Department for 182
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structural integrity and stability and determined that the project site is physically suitable for the proposed variance.

9. The proposed project complies with all applicable requirements of State and local law and is conditioned to comply with any relevant approvals and permits. Construction of the required driveway and Fire Department turnaround will comply with all building code requirements and will incorporate all recommendations from applicable City agencies and project consultants. The project has been reviewed and approved by Planning Department, City Biologist, City Environmental Health Administrator, City geotechnical consultant reviewers, City Public Works Department, and LACFD.

10. The proposed project does not include or encroach upon public parking. Therefore, this finding does not apply.

C. Variance for Construction of Retaining Walls over Six Feet in Height (MMC Chapter

17.72)

1. As previously mentioned in Section A the parcel’s topography consists of steep slopes on the northern and southern portions of the lot with most of the flag portion of the lot, containing a long steep driveway on slopes that are between 3 to 1 and 1 to 1. The applicant proposed to rebuild the destroyed residence through PVWF No 20-046 within the previously existing building pad which consists of mostly 3 to 1 slopes or flatter. However, the proposed driveway and required Fire Department turnaround are proposed on steep slopes which require retaining walls in excess of six feet in height up to a maximum of 24 feet, 7 inches and a combined height up to 32 feet, 1 inch (for a combination of two walls) to allow construction of a flatter pad for the required Fire Department access and associated required grading. Therefore, residential development on the subject property would not be feasible without the granting of a variance for construction retaining walls in excess of six feet in height.

2. The proposed variance will allow construction of a flatter pad for the required Fire Department turnaround to provide required ingress and egress to the property as well as access into the garage. The proposed development will not be detrimental to the public’s interest, safety, health or welfare and will not be detrimental or injurious to the property or improvements in the same vicinity and zone as the subject property. The granting of the proposed variance will substantially improve the safety and welfare of the subject property owners and other surrounding homeowners as the proposed construction of the retaining walls is designed to provide Fire Department access. Furthermore, the project has been reviewed and approved by Planning Department, City Biologist, City Environmental Health Administrator, City geotechnical consultant reviewers, City Public Works Department, and LACFD for conformance with the MMC and determined not to be detrimental to the public interest safety, health or welfare, nor detrimental or injurious to the property.

3. As previously stated, the site’s topography contains steep slopes on the northern and southern portions of the lot with most of the flag portion of the lot, containing a long steep driveway. There is no other area on the property that could be utilized for the Fire Department access, which requires retaining walls in excess of six feet in height up to a maximum of 24 feet, 7 inches and a combined height up to 32 feet, 1 inch (for a combination of two walls) to comply with LACFD maximum slope for a driveway. Therefore, approval of the variance will grant relief from a technical development standard, which if strictly applied, would preclude single-family 183
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development on the subject property. The proposed development is consistent with surrounding properties and in the RR-5 zoning district. Therefore, the granting of the variance will not constitute a special privilege to the applicant or the property owners.

4. The granting ofthe proposed variance will not be contrary to or in conflict with the LCP as the improvements, consisting of the required Fire Department turnaround to provide required ingress and egress to the property as well as access into the garage, will increase the protection of the subject property and surrounding residences from fire hazards. The steepness of the proposed driveway and Fire Department turnaround will meet the maximum permitted by the LACFD. The granting of the variance will not be contrary to or in conflict with the general purposes and intent of LIP Chapters 8 and 13, nor the goals, objectives, and policies of the LCP.

5. The requested variance is not associated with ESHA or ESHA buffer standards.

Therefore, this finding does not apply.

6. The requested variance is not associated with any stringline. Therefore, this finding does not apply.

7. The variance request is for construction of retaining walls in excess of six feet in height up to a maximum of 24 feet, 7 inches and a combined height up to 32 feet, 1 inch (for a combination of two walls) to allow LACFD-required access to a replacement residence destroyed by the Woolsey Fire. This variance will help provide the required Fire Department turnaround to provide required ingress and egress to the property as well as access into the garage for the singlefamily residential development in the RR-5 zoning district. Therefore, the variance request does not authorize a use or activity that is not expressly authorized by the zoning regulations for the subject property.

8. The subject site is physically suitable for the proposed variance in that the lot contains a long steep flagpole that leads to a graded pad at the top and center of the property. The retaining walls over six feet in height, up to a maximum of 24 feet, 7 inches and a combined height up to 32 feet, 1 inch (for a combination of two walls), were specifically designed to provide the proper safety measures for ingress and egress by the project’s civil engineer in compliance with LACFD requirements. In addition, the proposed project has been reviewed and approved by City geotechnical consultant reviewers and City Public Works Department for structural integrity and stability and determined that the project site is physically suitable for the proposed variance.

9. The proposed project complies with all applicable requirements of State and local law and is conditioned to comply with any relevant approvals and permits. Construction of the retaining walls over six feet in height will comply with all building code requirements and will incorporate all recommendations from applicable City agencies and project consultants. The project has been reviewed and approved by Planning Department, City Biologist, City Environmental Health Administrator, City geotechnical consultant reviewers, City Public Works Department, and LACFD.

10. The proposed project does not include or encroach upon public parking. Therefore, this finding does not apply.
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B. Variance for Non-Exempt Grading over 1,000 Cubic Yards, Not to Exceed 2,130 Cubic Yards (MMC Chapter 17.72)

1. As previously mentioned in Section A, the parcel’s topography consists of steep slopes on the northern and southern portions of the lot with most of the flag portion of the lot, containing a long steep driveway on slopes that are between 3 to 1 and 1 to 1. The owner has been granted a Planning Department approval to rebuild the destroyed residence through PVWF No. 20-046 within the previously existing building pad which consists ofmostly 3 to 1 slopes or flatter.

However, given the site’s topography and LACFD requirements for access, the proposed five-foot walkway around the residence, driveway and turnaround result in non-exempt grading over 1,000 cubic yards. Therefore, residential development on the subject property would not be feasible without a variance for non-exempt grading to exceed the maximum allowed for a residential lot.

2. The proposed variance will allow construction of a flatter pad for the required Fire Department turnaround to provide required ingress and egress to the property as well as access into the garage. The proposed development will not be detrimental to the public’s interest, safety, health or welfare and will not be detrimental or injurious to the property or improvements in the same vicinity and zone as the subject property. The granting ofthe proposed variance will improve the safety and welfare of the subject property owners and other surrounding homeowners as the proposed grading is designed to provide Fire Department access. Furthermore, the project has been reviewed and approved by Planning Department, City Biologist, City Environmental Health Administrator, City geotechnical consultant reviewers, City Public Works Department, and LACFD for conformance with the MMC and determined not to be detrimental to the public interest safety, health or welfare, nor detrimental or injurious to the property.

3. As previously stated, the site’s topography contains steep slopes on the northern and southern portions of the lot with most of the flag portion of the lot, containing a long steep driveway. There is no other area on the property that could be utilized for the Fire Department access, which requires non-exempt grading over 1,000 cubic yards. Therefore, approval of the variance will grant relief from a technical development standard, which if strictly applied, would preclude single-family development on the subject property. The proposed development is consistent with surrounding properties and in the RR-5 zoning district. Therefore, the granting of the variance will not constitute a special privilege to the applicant or the property owners.

4. The granting of the proposed variance will not be contrary to or in conflict with the LCP as the improvements, consisting of the required Fire Department turnaround to provide required ingress and egress to the property as well as access into the garage, will increase the protection of the subject property and surrounding residences from fire hazards. The steepness of the proposed driveway and Fire Department turnaround will meet the maximum permitted by the LACFD. The granting of the variance will not be contrary to or in conflict with the general purposes and intent of LIP Chapters 8 and 13, nor the goals, objectives, and policies of the LCP.

5. The requested variance is not associated with ESHA or ESHA buffer standards.

Therefore, this finding does not apply.

6. The requested variance is not associated with any stringline. Therefore, this finding does not apply.
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7. The variance request is for additional non-exempt grading over 1,000 cubic yards to allow LACFD-required access to a replacement residence destroyed by the Woolsey Fire, This variance will help provide the required Fire Department turnaround to provide required ingress and egress to the property as well as access into the garage for the single-family residential development in the RR-5 zoning district. Therefore, the variance request does not authorize a use or activity that is not expressly authorized by the zoning regulations for the subject property.

8. The subject site is physically suitable for the proposed variance in that the lot contains a long steep flagpole that leads to a graded pad at the top and center of the property. The additional grading will provide the proper safety measures for ingress and egress by the project’s civil engineer in compliance with LACFD requirements. In addition, the proposed project has been reviewed and approved by City geotechnical consultant reviewers and City Public Works Department for structural integrity and stability and determined that the project site is physically suitable for the proposed variance.

9. The proposed project complies with all applicable requirements of State and local law and is conditioned to comply with any relevant approvals and permits. Additional non-exempt grading will comply with all building code requirements and will incorporate all recommendations from applicable City agencies and project consultants. The project has been reviewed and approved by Planning Department, City Biologist, City Environmental Health Administrator, City geotechnical consultant reviewers, City Public Works Department, and LACFD.

10. The proposed project does not include or encroach upon public parking. Therefore, this finding does not apply.

SECTION 4. Planning Commission Action.

Based on the foregoing findings and evidence contained within the record, the Planning Commission hereby approves CDPWF 22-006, and VAR Nos. 21-013, 21-014, and 22-008, subject to the following conditions.

SECTION 5. Conditions of Approval.

1. The property owners, and their successors in interest, shall indemnify and defend the City of Malibu and its officers, employees and agents from and against all liability and costs relating to the Citys actions concerning this project, including (without limitation) any award of litigation expenses in favor of any person or entity who seeks to challenge the validity of any of the City’s actions or decisions in connection with this project. The City shall have the sole right to choose its counsel and property owners shall reimburse the City’s expenses incurred in its defense of any lawsuit challenging the City’s actions concerning this project.

2. Approval of this application is to allow for the project described herein. The scope of work approved includes:
a. Fire Department turnaround and driveway improvements; b. Retaining walls; and
c. After-the-fact approval of a two-car garage and decking; d. Discretionary Requests:
i. VAR No. 21-013 for construction on slopes steeper than 2.5 to 1; 186
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ii. VAR No. 21-014 for height of retaining walls over six feet in height but to exceed 24 feet, 7 inches and a combined height up to 32 feet, 1 inch; and iii. VAR No. 22-008 for non-exempt grading over 1,000 cubic yards, not to exceed 2,130 cubic yards.

3. Except as specifically changed by conditions of approval, the proposed development shall be constructed in substantial conformance with the approved scope of work, as described in Condition No. 2 and depicted on plans on file with the Planning Department date stamped June 6~ 2022. The proposed development shall further comply with all conditions of approval stipulated in this resolution and Department Review Sheets attached hereto. In the event project plans conflict with any condition of approval, the condition shall take precedence.

4. Pursuant to LIP Section 13.18.2, this permit and rights conferred in this approval shall not be effective until the property owners sign, notarize and return the Acceptance of Conditions Affidavit accepting the conditions set forth herein. The applicant shall file this form with the Planning Department within 30 days ofthis decision and/or prior to issuance of building permits.

5. The applicant shall digitally submit a complete set of plans to the Planning Department for consistency review and approval prior to plan check and again prior to the issuance of any building or development permits.

6. This resolution, signed Acceptance of Conditions Affidavit and all Department Review Sheets attached to the Planning Commission agenda report for this project shall be copied in their entirety and placed directly onto a separate plan sheet behind the cover sheet of the development plans submitted to the City of Malibu Environmental Sustainability Department for plan check.

7. This CDP shall expire if the project has not commenced within three (3) years after issuance of the permit. Extension of the permit may be granted by the approving authority for due cause. Extensions shall be requested in writing by the applicant or authorized agent prior to expiration of the three-year period and shall set forth the reasons for the request.

8. Any questions of intent or interpretation of any condition of approval will be resolved by the Planning Director upon written request of such interpretation.

9. All structures shall conform to requirements of the City of Malibu Environmental Sustainability Department, City Biologist, City Coastal Engineer, City Environmental Health Administrator, City geotechnical consultant reviewers, City Public Works Department, Los Angeles County Waterworks District No. 29 and LACFD, as applicable.

Notwithstanding this review, all required permits shall be secured.

10. Minor changes to the approved plans or the conditions of approval may be approved by the Planning Director, provided such changes achieve substantially the same results and the project is still in compliance with the Malibu Municipal Code and the Local Coastal Program. Revised plans reflecting the minor changes and additional fees shall be required. 187
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11. Pursuant to LIP Section 13.20, development pursuant to an approved CDP shall not commence until the CDP is effective. The CDP is not effective until all appeals, including those to the California Coastal Commission (CCC), have been exhausted. In the event that the CCC denies the permit or issues the permit on appeal, the CDP approved by the City is void.

12. The applicant must submit payment for any outstanding fees payable to the City prior to issuance of any building or grading permit.

Cultural Resources

13. In the event that potentially important cultural resources are found in the course of geologic testing or during construction, work shall immediately cease until a qualified archaeologist can provide an evaluation of the nature and significance of the resources and until the Planning Director can review this information. Thereafter, the procedures contained in LIP Chapter 11 and those in MMC Section 17.54.040(D)(4)(b) shall be followed.

14. If human bone is discovered during geologic testing or during construction, work shall immediately cease and the procedures described in Section 7050.5 ofthe California Health and Safety Code shall be followed. Section 7050.5 requires notification of the coroner. If the coroner determines that the remains are those of a Native American, the applicant shall notify the Native American Heritage Commission by phone within 24 hours. Following notification of the Native American Heritage Commission, the procedures described in Section 5097.94 and Section 5097.98 of the California Public Resources Code shall be followed.

Demolition/Solid Waste

15. The applicant/property owners shall contract with a City approved hauler to facilitate the recycling ofall recoverable/recyclable material. Recoverable material shall include but shall not be limited to: asphalt, dirt and earthen material, lumber, concrete, glass, metals, and drywall.

16. Prior to the issuance of a building/demolition permit, an Affidavit and Certification to implement waste reduction and recycling shall be signed by the Owners or Contractor and submitted to the Environmental Sustainability Department. The Affidavit shall indicate the agreement of the applicant to divert at least 65 percent (in accordance with CalGreen) of all construction waste from the landfill.

17. Upon completion of demolition activities, the applicant shall request a final inspection by the Building Safety Division.

Construction / Framing

18. Prior to the issuance of any development permit, the applicant/property owner shall provide a pre-construction assessment of the existing condition of Bailard Road to the subject parcel. A copy ofthis assessment shall be kept on file with the City. The applicant/property owner shall be responsible for repairs of any damage to the road that may result during the construction phase of the proposed project. Any obvious damage to the road that becomes apparent during the construction phase (including, but not limited to, potholes, cracks and 188
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ripples) shall be immediately repaired by the applicants/property owner. Prior to a Planning Department final inspection, the applicant/property owner shall submit a post-construction assessment ofthe road to demonstrate compliance with this condition. A photo survey shall be utilized to complete this assessment. Alternatively, the property owner/applicant may reach an agreement with the entity that maintains the road for an in lieu payment to repair this segment of the private road.

19. Prior to the commencement ofwork, the applicant shall submit a copy oftheir Construction Management Plan. The Construction Management Plan shall include a dedicated parking location for construction workers, not within the public right of way.

20. A construction staging plan shall be reviewed and approved by the Planning Director prior to plan check submittal.

21. Construction hours shall be limited to Monday through Friday from 7:00 a.m. to 7:00 p.m. and Saturdays from 8:00 a.m. to 5:00 p.m. No construction activities shall be permitted on Sundays or City-designated holidays,

22. Construction management techniques, including minimizing the amount ofequipment used simultaneously and increasing the distance between emission sources, shall be employed as feasible and appropriate. All trucks leaving the construction site shall adhere to the California Vehicle Code. In addition, construction vehicles shall be covered when necessary; and their tires rinsed prior to leaving the property.

23. All new development, including construction, grading, and landscaping shall be designed to incorporate drainage and erosion control measures prepared by a licensed engineer that incorporate structural and non-structural Best Management Practices (BMP5) to control the volume, velocity and pollutant load of storm water runoff in compliance with all requirements contained in LIP Chapter 17, including:
a. Construction shall be phased to the extent feasible and practical to limit the amount of disturbed areas present at a given time.
b. Grading activities shall be planned during the southern California dry season (April through October).
c. During construction, contractors shall be required to utilize sandbags and berms to control runoff during on-site watering and periods of rain in order to minimize surface water contamination.
d. Filter fences designed to intercept and detain sediment while decreasing the velocity of runoff shall be employed within the project site.

24. For the transportation of heavy construction equipment and/or material, which requires the use of oversized-transport vehicles on State highways, the applicant / property owner is required to obtain a transportation permit from the California Department of Transportation.

Color and Materials

25. All driveways shall be a neutral color that blends with the surrounding landforms and vegetation. Retaining walls shall incorporate veneers, texturing and/or colors that blend with the surrounding earth materials or landscape. The color of driveways and retaining 189
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walls shall be reviewed and approved by the Planning Director and clearly indicated on all grading, improvement and/or building plans.

Biology/Landscaping

26. Except as permitted pursuant to the provisions in Local Coastal Program Land Use Plan policies 3.18 and 3.20, throughout the City of Malibu, development that involves the use of pesticides, including insecticides, herbicides, rodenticides or any other similar toxic chemical substances, shall be prohibited in cases where the application of such substances would have the potential to significantly degrade Environmentally Sensitive Habitat Areas or coastal water quality or harm wildlife. Herbicides may be used for the eradication of invasive plant species or habitat restoration, but only if the use of non-chemical methods for prevention and management such as physical, mechanical, cultural, and biological controls are infeasible. Herbicides shall be restricted to the least toxic product and method, and to the maximum extent feasible, shall be biodegradable, derived from natural sources, and used for a limited time.

27. No new landscaping is proposed with this project; therefore, none is approved. Should the applicant intend to plant any new vegetation with a potential to exceed six feet in height or an area of 2,500 square feet or more, a detailed landscaping plan shall be submitted for review and approval prior to any planting.

28. Night lighting from exterior and interior sources shall be minimized. All exterior lighting shall be low intensity and shielded so it is directed downward and inward so that there is no offsite glare or lighting of natural habitat areas.

29. Use of wood chips and shredded rubber is prohibited anywhere on the site. Flammable mulch material, including shredded bark, pine needles, and artificial turf, are prohibited between zero and five feet of a structure. Non-continuous use of flammable mulch (excluding wood chips and shredded rubber) is allowed between 5 and 30 feet from the eave/overhang of a structure with limited application areas. Any mulch materials (excluding wood chips and shredded rubber) are allowed 30 feet or more from a structure with no limitation on application area.

Public Works

30. Clearing and grading during the rainy season (extending from November 1 to March 31) shall be prohibited for development that:
a. Is located within or adjacent to ESHA, or
b. Includes grading on slopes greater than 4 to 1.

Approved grading for development that is located within or adjacent to ESHA or on slopes greater than 4 to 1 shall not be undertaken unless there is sufficient time to complete grading operations before the rainy season. If grading operations are not completed before the rainy season begins, grading shall be halted and temporary erosion control measures shall be put into place to minimize erosion until grading resumes after March 31, unless the City determines that completion of grading would be more protective of resources. 190
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31. Exported soil from a site shall be taken to the Los Angeles County Landfill or to a site with an active grading permit and the ability to accept the material in compliance with LIP Section 8.3.

32. A grading and drainage plan containing the following information shall be approved, and submitted to the Public Works Department, prior to the issuance of grading permits for the project:
a. Public Works Department general notes;
b. The existing and proposed square footage of impervious coverage on the property shall be shown on the grading plan (including separate areas for buildings, driveways, walkways, parking, tennis courts and pool decks); c. The limits of land to be disturbed during project development shall be delineated and a total area shall be shown on this plan. Areas disturbed by grading equipment beyond the limits of grading, areas disturbed for the installation of the septic system, and areas disturbed for the installation of the detention system shall be included within the area delineated;
d. The limits to land to be disturbed during project development shall be delineated and a total area of disturbance should be shown on this plan. Areas disturbed by grading equipment beyond the limits of grading shall be included within the area delineated;
e. If the property contains rare, endangered or special status species as identified in the Biological Assessment, this plan shall contain a prominent note identifying the areas to be protected (to be left undisturbed). Fencing of these areas shall be delineated on this plan is required by the City Biologist; f. The grading limits shall include the temporary cuts made for retaining walls, buttresses and over excavations for fill slopes; and
g. Private storm drain systems shall be shown on this plan. Systems greater than 12 inch in diameter shall also have a plan and profile for the system included with this plan.

33. The ocean between Latigo Point and the West City limits has been established by the State Water Resources Control Board as an Area of Special Biological Significance (ASBS) as part of the California Ocean Plan. This designation allows discharge of storm water only where it is essential for flood control or slope stability, including roof~ landscape, road and parking lot drainage, to prevent soil erosion, only occurs during wet weather, and is composed of only storm water runoff. The applicant shall provide a drainage system that accomplishes the following:
a. Installation of BMPs that are designed to treat the potential pollutants in the storm water runoff so that it does not alter the natural ocean water quality. These pollutants include trash, oil and grease, metals, bacteria, nutrients, pesticides, herbicides and sediment.
b. Prohibits the discharge of trash.
c. Only discharges from existing storm drain outfalls are allowed. No new outfalls will be allowed. Any proposed or new storm water discharged shall be routed to existing storm drain outfalls and shall not result in any new contribution of waste to the ASBS (i.e. no additional pollutant loading).
d. Elimination of non-storm water discharges.
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Resolution No 22-44

34. A Local Storm Water Pollution Prevention Plan (LSWPPP) shall be provided prior to issuance of grading/building permits. This plan shall include an Erosion and Sediment Control Plan (ESCP) that includes, but not limited to:
. . Erosion Controls Scheduling Erosion Controls Scheduling Preservation of Existing Vegetation Sediment Controls Silt Fence
Sediment Controls Silt Fence Sand Bag Barrier
Stabilized Construction Entrance
Water Conservation Practices Non-Storm Water Management Dewatering Operations Waste Management Material Delivery and Storage
Stockpile Management
Spill Prevention and Control
Solid Waste Management
Concrete Waste Management
Sanitary/Septic Waste Management

35. All Best Management Practices (BMP) shall be in accordance to the latest version of the California Stormwater Quality Association (CASQA) BMP Handbook. Designated areas for the storage of construction materials, solid waste management, and portable toilets must not disrupt drainage patterns or subject the material to erosion by site runoff.

36. The consulting engineer shall sign the final plans prior to the issuance of permits.

Geology

37. All recommendations of the consulting certified engineering geologist or geotechnical engineer and/or the City geotechnical consultant reviewers shall be incorporated into all final design and construction including foundations, grading, sewage disposal, and drainage. Final plans shall be reviewed and approved by the City geotechnical consultant reviewers prior to the issuance of permits.

38. Final plans approved by the City geotechnical consultant reviewers shall be in substantial conformance with the approved APRWF relative to construction, grading, sewage disposal and drainage. Any substantial changes may require a APRWF amendment or a new APRWF.

Environmental Health

39. OWTS on Architectural and Grading Plans: The final Architectural Site Plan and Grading Plans must show: (1) the existing OWTS, including the septic tank and seepage pits clearly labeled as “to be abandoned”; and (2) the proposed OWTS, including the treatment tank and present/future seepage pits.

40. OWTS Plot Plan: A plot plan drawn to scale shall be submitted showing all existing improvements, proposed improvements, and all components of the onsite wastewater treatment system (OWTS) meeting the minimum requirements of the Malibu Municipal 192
Resolution No 22-44

Code and the City of Malibu Local Coastal Program (LCP)/Local Implementation Plan (LIP). At least one copy of the plot plan showing essential features of the OWTS must fit on an 11” x 17” sheet leaving a 5” left margin clear to provide space for a City-applied legend on approvals. The OWTS plan must show the existing OWTS to be abandoned and the proposed new OWTS.

41. Upgrade to the Onsite Wastewater Treatment System (OWTS): A new advanced OWTS must be installed. In accordance with the Malibu Municipal Code (MMC) and City Malibu Local Coastal Program (LCP)/Local Implementation Plan (LIP), the appropriate permit must be obtained from the Planning Division. The new OWTS must be approved and installed with final inspection by the Building Safety Department prior to occupancy ofthe structure.

42. Compliance Agreement for Onsite Wastewater Treatment System Repair, Modification, Upgrade or Replacement: A compliance agreement running with the land shall be executed between the City of Malibu and the holder of the fee simple absolute as to subject real property and recorded with the City of Malibu Recorder’s Office. Said compliance agreement shall serve as constructive notice to any future purchaser for value that the OWTS serving subject property is not functioning properly and/or is in need of repair or replacement in order to bring it into compliance with all applicable laws and regulations.

Said covenant shall be provided by the City of Malibu Environmental Health Administrator.

43. Environmental Health Final Review Fee: a fee in accordance with the adopted fee schedule at the time of final approval shall be paid to the City of Malibu for Environmental Health Building plan Check Review.

Prior to Occupancy

44. The applicant shall request a final Planning Department inspection prior to final inspection by the City of Malibu Environmental and Sustainability Department. A Certificate of Occupancy shall not be issued until the Planning Department has determined that the project complies with this CDP. A temporaiy Certificate of Occupancy may be granted at the discretion of the Planning Director, provided adequate security has been deposited with the City to ensure compliance should the final work not be completed in accordance with this permit.

45. Any construction trailer, storage equipment or similar temporary equipment not permitted as part of the approved scope of work shall be removed prior to final inspection and approval, and if applicable, the issuance of the certificate of occupancy.

46. Prior to final building inspection, the applicant shall provide the Environmental Sustainability Department with a Waste Reduction and Recycling Plan Final Summary Report. The Final Summary Report shall designate all materials that were landfilled or recycled, broken down by material types. The Environmental Sustainability Department shall approve the Final Summary Report.
193
Resolution No 22-44

Fixed Conditions

47. This Coastal Development Permit Woolsey Fire runs with the land and binds all future owners of the property.

48. Violation of any of the conditions of this approval shall be cause for revocation and termination of all rights there under.

Deed Restrictions

49. The property owners are required to execute and record a deed restriction which shall indemnify and hold harmless the City, its officers, agents, and employees against any and all claims, demands, damages, costs and expenses of liability arising out of the acquisition, design, construction, operation, maintenance, existence or failure of the permitted project in an area where an extraordinary potential for damage or destruction from wildfire exists as an inherent risk to life and property. The property owners shall provide a copy of the recorded document to Planning Department staff prior to final Planning Department approval.

SECTION 6. The Planning Commission shall certify the adoption of this resolution.

PASSED, APPROVED AND ADOPTED this ~ day of August, 2022.

KRAIG HILL, Planning Commission Chair
ATTEST:
~~
BECCA EVANS, Recording Secretary
LOCAL APPEAL - Pursuant to LIP Section 13.20.1 (Local Appeals), a decision made by the Planning Commission may be appealed to the City Council by an aggrieved person by written statement setting forth the grounds for appeal. An appeal shall be filed with the City Clerk within 10 days and shall be accompanied by an appeal form and filing fee, as specified by the City Council. Appeal forms may be found online at www.malibucity.org, in person at City Hall, or by calling (310) 456-2489, ext. 245.

Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 1.12.010 of the MMC and Code of Civil Procedure. Any person wishing to challenge the above action in Superior Court may be limited to raising only those issues they or someone else raised at the public hearing, or in written correspondence delivered to the City of Malibu at or prior to the public hearing 194
Resolution No 22-44

I CERTIFY THAT THE FOREGOING RESOLUTION NO. 22-44 was passed and adopted by the Planning Commission of the City of Malibu at the regular meeting held on the 1St day of August 2022 by the following vote:

AYES: 3 Commissioners: Smith, Jennings, Wetton
NOES: 2 Commissioners: Mazza, Hill
ABSTAIN: 0
ABSENT: 0
REBECCA EVANS, Recording Secretary
195
1 Patricia Salazar
Subject: FW: Appeal 22-007, Categorical Exemption CEQA Guidelines Section 15302 From: Ruth Bennett
Sent: Wednesday, February 15, 2023 1:31 AM
To: [email protected]; Tracey Rossine <[email protected]> Subject: Appeal 22-007, Categorical Exemption CEQA Guidelines Section 15302 Dear Adam and Tracey, 2/15/23
i
My husband and I just leased a townhouse on Lunita Rd for one year. We checked the mailbox a few days ago and nearly threw out a tiny postcard, assuming it was junk. Turned out to be from the planning department notifying us of the Feb. 27 public hearing for Appeal 22-007, the construction project at 31113 Bailard Rd. Having moved to western Malibu to escape the constant construction in our LA neighborhood, you can imagine our dismay. Could the nightmare that destroyed my health really be happening again, out here in paradise? Sadly, yes. If there’s one thing I’ve learned, when there’s enough money to be spent, they will pave paradise and put up whatever the hell they want.

I've called the planning department several times to ask for further information, but have yet to receive a reply from anyone. I realize how busy everyone is, but we’d appreciate being sent any information about this project as soon as possible in order to study it before the hearing. Since the application was filed more than two years ago, there must be quite a lot written on the subject.

We have several questions: If the appeal is denied, how soon will the project begin and approximately how long will it take? Why were so many variances granted? And what exactly does the planning commission mean by the project not having a “significant” adverse affect on the environment? Isn’t any adverse affect to the environment significant? Finally, the “guidelines" for height and dirt removal: “height in excess of six feet..and a combined height of twelve feet…but not to exceed 24 feet 7 inches and a combined height up to 32 feet,1 inch and for non-exempt grading over 1,000 cubic yards not to exceed 2,130 cubic yards.” They must be quite relieved about that extra inch over 32 feet.

The card states that a written staff report will be available “at or before the hearing.” If the report is not available until the hearing, how will citizens be able to address the issues before or during the hearing? How will we even be able to obtain a copy if it’s not available until the hearing since it’s a teleconference? The card states that a vote will be taken at the meeting, but if the report isn’t available for the public to read beforehand, we can only assume anyone’s concerns will have no bearing on the vote. What then is the purpose of this hearing? It seems to us that it’s a mere formality and the appeal has little or no chance of passing.

We sympathize with people wanting to rebuild their homes tragically lost in the Woolsey fire. However, on what grounds did the Planning Commission determine that a categorical exemption from CEQA’s guidelines concerning New Construction and Conversion of Small Structures into much larger structures was warranted? Apart from the noise, dust, truck traffic, toxic fumes, and heavy machinery, we are very concerned about the danger from potential landslides caused by building on such a steep slope. This certainly strikes us as environmentally “significant." We await your reply and thank you in advance.

Sincerely,
Ruth Bennett
John Cathcart
Malibu, CA 90265
Exhibit F
196
1 Rebecca Evans
From: Patricia Salazar
Sent: Monday, July 18, 2022 10:35 AM
To: Rebecca Evans
Subject: FW: 7-18-22 agenda item 5A 31113 Bailard Rd.

Attachments: PC 31113 Bailard-comments 7-18-22.docx
Patricia Salazar | Senior Administrative Analyst | Planning Department 23825 Stuart Ranch Road, Malibu CA, 90265
(310) 456‐2489 extension 245
From: healypatt .com>
Sent: Saturday, July 16, 2022 10:06 AM
To: Patricia Salazar <[email protected]>
Subject: Fwd: 7‐18‐22 agenda item 5A 31113 Bailard Rd.

Patricia, resending.
-----Original Message-----
From: .com
To: [email protected] <[email protected]>; w [email protected] <[email protected]>; [email protected] <[email protected]>; mwmali up @gmail om <[email protected]>; [email protected] <[email protected]>
Cc: [email protected] <psalizar@m bucity.o g>
Sent: Sat, Jul 16, 2022 9:26 am
Subject: 7-18-22 agenda item 5A 31113 Bailard Rd.

Honorable Commissioners, I am sending the ttached comments on behalf of Debra DeCray who doesn't own a computer. If you have any questi s, please le me know and I will give you her cell phone number. Photos will follow in a separate email. Best, Patt

ATTACHMENT B
DRAFT 197
1 Honorable Planning Commissioners,
I am Debra DeCray and I own and live at 31121 Bailard Rd. directly below the subject burntout 2 story residence whtch had the garage included within the residence building.

Oppose Project
I strongly oppose approval of this after the fact three (3) variances project because of excessive grading, grading on slopes 2.5 to 1 or greater and for retaining walls up to 24 feet high. All of these are unnecessary and inappropriate for this fire rebuild. This is no longer a rebuild, but a new project.

This proposed project with its needed variances should be denied, revised and redesigned keeping the rebuild within its original footprint plus 10% on the same level as the original residence. The fire department existing approved driveway, parking area and turnaround can be utilized (with or without restoration) without the need for variances.

This project is not in conformance with the goals, objectives and policies of the General Plan, specifically the General Plan Land Use Objective 1.4 which provides for development that is consistent with the preservation of the natural topography and viewshed protection. There are design alternatives that would lessen the grading and negative view impacts.

Proposed Driveway, Garage and Parking Area and Turnaround The need for the three (3) variances is based mainly on relocating the parking and hammerhead turnaround down the slope below the existing one and designing a new and different driveway. While there is some overlap, this not a reconfiguration of the old driveway as the staff report states..

The existing driveway, parking area and hammerhead turnaround was previously approved by the Fire Department. Since this is a fire rebuild, this existing infrastructure was undamaged in the fire and should be grandfathered in. They have supported vehicles and heavy equipment since 1979-over 40 years with no problems, and its retaining walls do not exceed 6 1/.2 feet in height and there is no need massive retaining walls.

The existing driveway, parking and turnaround pad should remain in their current location and restored as warranted.

Since these areas are already graded, it would eliminate the need for almost all if not all the proposed new grading leaving the existing natural topography landforms in place.

By moving the parking/turnaround downslope, it causes the garage and entrance to house to be relocated down the slope and creates the need for massive grading for a new turnaround, parking area, garage and entry which require massive retaining walls It adds an additional 2 levels to the proposed residence.

All the rebuilding should be on the original residence pad with the allowable 10% attached to or under the original pad. This eliminates the need for the variances for new 198
2 grading on steep undisturbed slopes and the need for all or most of the additional high retaining walls.

With respect to the current driveway, it has already been graded, it’s undamaged, serpentine in shape,12 to 15 ft wide and not as steep as the proposed 16 foot wide one. (For comparison, see existing driveway and pad/turnaround on attachment marked “slope analysis” and new proposal on attachment marked proposed slope band analyses).

The driveway is accessed by the existing14 foot wide Ballard Rd. (note Bailard Rd is not 20 feet) Why does the driveway need to be wider than the access road? The existing driveway seems to be sufficient in width and is on slopes less than 2 ½ to one avoiding the need for a variance and can be widened if required by the fire department. Again, by retaining or upgrading the existing driveway it avoids excessive additional grading on the slope and most likely need for more and higher retaining walls.

The applicant stated that the fire department would not approve the current driveway but it was already approved by the fire department and shouldn’t need reapproval.

However, nowhere does it state that the applicant ever sought reapproval of the existing driveway and it was denied.

Septic
The current septic system is located under the existing parking/turnaround pad. It was not damaged in the fire and is in working order as noted on the Environmental Assessment report done after the fire.

For safety, health and to minimize grading, the new upgraded septic should be placed and remain under the existing parking area and not moved 42 feet downslope of the proposed residence into undisturbed terrain. Putting it downslope reduces the current front yard setback from 64 feet to 26 feet and will entail grading a pristine undisturbed 2 ½ to 1to 1 slope slope. By keeping it in its current location, it is safer if it leaks, overflows, or malfunctions because it is not directly above the house below.

The negative impacts of the variances can be eliminated or reduced by building the residence plus 10% on an extended original pad where the pre-fire house, garage and parking, turnaround and septic were located.

Impermeable Surfaces
Although the staff report indicates the plan meets code for impermeable surfaces, the proposed plan adds considerably more impermeable areas on a very steep slope forward of the original residence. The addition of mostly underground garage, foyer, elevator shaft, concrete decks, multiple outdoor staircases add more impermeable surfaces.

The area where the deleted pool was to have been, was graded without a permit and needs to be retstored to its natural state. Any decks or patios in this pool area should 199
3 be removed from this area since there was no hardscape in front of the original house.

Forward and downslope of the pre-fire residence
Variance Findings Can’t Be Made
All the necessary findings for approval cannot be made on any of the three (3) requested variances i.e. grading, construction on slopes of 2.5 to 1 or greater, and retaining walls over 6 feet up to 24 feet in height.

Finding 1. There are special circumstances or exceptional characteristics applicable to the subject property, including size, shape, topography, location, or surroundings such that strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under the identical zoning classification.

No special circumstances exist justifying the 3 variances. There are design alternatives.

Finding 2. The granting of such variance or modification will not be detrimental to the public interest, safety, health or welfare, and will not be detrimental or injurious to the property or improvements in the same vicinity and zone(s) in which the property is located.

Since this property is clearly visible from Pacific Coast Hwy, a scenic highway, this project with its variances will unnecessarily alter land forms that are required to be protected and If this project is approved it will be loose much of its scenic qualities experianced by PCH travelers and local residents. The existing parking pad/ turnaround is flat without the necessity for huge retaining wall to distract from the public view. With the variances this project is detrimental to the public interest. The location of the new septic system directly above the residence below if it malfunctions would be detrimental and injurious to the residence and property directly below. Placing the new system under the existing parking pad/turnaround is safer since if it malfunctions it will not harm the property below.

Finding 3. The granting of the variance will not constitute a special privilege to the applicant or property owner.

Prioritizing the Applicant’s ability to maximize hardscape and new infrastructure over the negative impacts from the proposed development would be a special privilege.

The existing infrastructure can be used in this fire rebuild, eliminating the need for the new parking pad and turnaround on an undisturbed slope with the accompanying very high retaining walls and need for the variance. Nowhere does it state that the existing driveway and parking pad/turnaround was presented to the fire department and rejected. Unless the applicant can prove the fire department rejected this previously approved existing infrastructure and unless the applicant can show it is not a special privilege granting of the requested variances it would constitute a special privilege to the Applicant. Approval of grading on steep slopes when there are less onerous options is a special privilege.

Finding 4. The granting of such variance or modification will not be contrary to or in conflict with the general purposes and intent of this chapter, nor to the goals, objectives 200
4 and policies of the general plan The granting of the variance will be contrary to the goals, objectives and policies of the General Plan, specifically, General Plan Land Use Objective 1.4 which provides for development that is consistent with the preservation of the natural topography and viewshed protection. As discussed earlier, there is a design alternative would lessen view impacts.

Finding 5. The variance or modification request is consistent with the purpose and intent of the zone(s) in which the site is located.

The variances or modifications requested are not consistent with the purpose and intent of the zone which is to preserve the natural topography and viewshed. A four level structure with a 4 story elevator and a 4 story interior and exterior staircase with 5400 cu. yds. of grading, with 24 ft. High retaining walls is not consistent with the intent of the zoning.

Finding 6. The subject site is physically suitable for the proposed variances and modification.

The proposed project isn’t the least environmentally damaging alternative.. It is in a scenic viewshed, is not physically suitable for the proposed variances and modifications due to steep slopes and failure to preserve the natural landforms and environment.

There are alternatives that could reduce the need for the variances.

Finding 7. The variance or modification permit complies with all requirements of state and local law.

It doesn’t meet the requirements of the Coastal Act. It does not conform with the certified City of Malibu Local Coastal Program. The granting of the proposed variance will be contrary to and in conflict with the LCP since it doesn’t meet the intent of chapter 6 of the LIP’s Scenic ,Visual and Hillside Resource Protection Ordinance and is not the least environmentally damaging alternative.

The project is not the least environmentally damaging alternative. It does not comply with the municipal code, thus the need for variances.

Finding 8. All or any necessary conditions have been imposed on the variance or modification as are reasonable to assure that the variance will not be detrimental to the health, safety and welfare of the city. (Ord. 261 § 20, 2004) The project may meet code for impermeable surface but the plan adds more structures and impermeable areas 40 feet down a pristine steep slope forward and below of the pre-fire residence. Also, the underground garage, decks, patios and new lower driveway pad add more impermeable surfaces.

According to an earlier staff report, these after the fact requested approvals have not been reviewed by the various city departments, as required; to make sure they are not detrimental to the health, safety and welfare of the city and surrounding properties.

There are alternate designs that could bring the project into or more in compliance with code and will not be detrimental to the health,safety and welfare of the city.

Coastal Development Permit (LIP Chapter 13) LIP Section 13.9 requires that the four findings be made for all CDPs.
201
5 Findings B and D do not apply to this project and are not needed. Finding A and C apply.

Finding A. The project as described in the application and accompanying materials, as modified by any conditions of approval , conforms to the City of Malibu Local Coastal Program
The granting of the proposed variance will be contrary to and in conflict with the LCP since it doesn’t meet the intent of chapter 6 of the LIP’s Scenic ,Visual and Hillside Resource Protection Ordinance.The Staff Report state on page 18 Scenic, Visual, and Hillside Resource Protection Chapter governs those CDP applications concerning any parcel of land that is located along, within, provides views to, or is visible from any scenic area, scenic road or public viewing area. This project is highly visible from PCH, a scenic highway hence the findings of chapter 6 are required.

Therefore,a Coastal Development Permit for the proposed development shall only be granted if the City’s decision-making body is able to find that:

1. The project, as proposed, will have no significant adverse scenic or visual impacts due to project design, location on the site or other reasons.

2. The project, as conditioned, will not have significant adverse scenic or visual impacts due to required project modifications, landscaping or other conditions.

3. The project, as proposed or as conditioned, is the least environmentally damaging alternative.

4. There are no feasible alternatives to development that would avoid or substantially lessen any significant adverse impacts on scenic and visual resources.

5. Development in a specific location on the site may have adverse scenic and visual impacts but will eliminate, minimize or otherwise contribute to conformance to sensitive resource protection policies contained in the certified LCP.

From the above comments it is clear that all of these findings can’t be made and a CDP approved.

Finding C. The project is the least environmentally damaging alternative.

It appears from the slope analysis that the existing driveway is less steep than the proposed one. It already exists and has been graded and can easily be widened with little slope alteration if required by the fire department., The existing parking pad and turnaround is flat and doesn’t require grading on undisturbed slopes therefore the existing driveway and turnaround and parking area is the least environmentally damaging alternative
Requesting Additional Conditions
If you are going to approve the proposed project:

1.Add a condition of approval that all construction equipment and vehicles will be kept on site and there will be no parking on private Bailard Rd. Since the road is only 14 feet wide road any parking would block it. It is also a fire lane with no allowable parking.

2.Add a condition that any damage to the private road or property along the road arising out of construction of this project, including but not limited, to heavy equipment and 202
6 vehicles using the road will be repaired to its existing state by the owner/contractor when the project is completed.

3.Add a condition stating that no pool, pad, or other development infrastructure may be added forward downslope of the residential structure including the proposed patio located where the proposed pool was eliminated.

4. Add a condition that the non permitted grading of this area be returned to its natural grade and condition. (See Photos )

5.Expand Condition 26 (lighting) today the property will adhere to the Dark Sky Ordinance since the project will not be completed until after the Ordinance is in effect.

Thank you for considering my comments and concerns.

Respectfully,
Debra DeCray
Bailard Rd.

Malibu, Ca 90265
203
1 Rebecca Evans
From: Susan Villain <[email protected]>
Sent: Monday, July 18, 2022 3:22 PM
To: Rebecca Evans; Philip Coronel
Subject: Fwd: Erosion Control and Grading on 31113 Bailard Rd.

Attachments: 2020-02-13 Finaled Building Permit No19-0471.pdf; 2020-02-18 Finaled Grading Permit No 20-0013.pdf; 2020-01-21 Final Grading Inspection.pdf
Hi Rebecca, Philip,
We received a letter a few hours ago from Pat Healy, and the owner, David Ellis has responded to that email, see below and attached. In addition this address a question that came up on site today when I was meeting with Mark Wetton one of the planning commissioners.

Is it possible to please forward this email below to the planning commissioners? Thank You,
Susan Villain M m m
Vue Ventures Inc
Mobile: .

Email: [email protected]
Website: www.VueVenturesInc.com
CONFIDENTIALITY NOTICE: The materials and information included in this electronic mail transmission, including all attachments are intended for the use of the individual or entity named above and contain private and confidential Information and are the property of the sender. If you have received this email message in error, please notify the sender immediately, and thereafter destroy the message immediately. You are hereby notified that any dissemination, distributing or copying of this communication and all attachments hereto is strictly prohibited.

Begin forwarded message:

From: David Ellis <
Date: July 18, 2022 at 3:14:53 PM PDT
To: Susan Villain <[email protected]>, Johnathen Day <[email protected]> Cc: Kate Ellis <
Subject: Erosion Control and Grading on 31113 Bailard Rd.

Susan,
204
2 The photos you forwarded to me show erosion control via a combination of grading and sand bags.  After the debris removal and house foundation removal, I was contacted by the City of Malibu and told that we needed to grade the property where our slab was for erosion control purposes; the grading and erosion control were required to obtain our debris removal sign‐off.

The sign off for the emergency grading and debris removal are attached.

Best regards,
‐‐
David Ellis
mobile:
205
206
207
208
209
210
211
1 Rebecca Evans
From: Patricia Salazar
Sent: Monday, July 18, 2022 10:35 AM
To: Rebecca Evans
Subject: FW: 31113 Bailard agenda item 5A Photos
Attachments: 31113bailard- unauthorized grading.docx
Patricia Salazar | Senior Administrative Analyst | Planning Department 23825 Stuart Ranch Road, Malibu CA, 90265
(310) 456‐2489 extension 245
From:

Sent: Saturday, July 16, 2022 9:25 AM
To: Kraig Hill <[email protected]>; Dennis Smith <[email protected]>; John Mazza <[email protected]>; Mark Wetton <[email protected]>; Jeffrey D Jennings <[email protected]> Cc: Patricia Salazar <[email protected]>
Subject: 31113 Bailard agenda item 5A Photos
212
213
214
31113 Bailard grading photograph submitted to staff by Planning Commission member 215

DARSHAN SHAH
5805 TRANCAS CANYON
MALIBU, CA 90265
May 16, 2022
RE: ADMINISTRATIVE PLAN REVIEW-WOOLSEY FIRE NO. 20-062, VARIANCE NOS. 21-013, 21-014, AND 22-008
Mr. Mollica,
This letter supports the approval of ADMINISTRATIVE PLAN REVIEW-WOOLSEY FIRE NO. 20-062, VARIANCE NOS. 21-013, 21-014, AND 22-008.

I am a 20 year Malibu resident and have maintained offices in businesses in Malibu during that time.

Kate and David Ellis are neighbors of mine, living almost directly below me.

Fortunately, my house was only damaged during the Woolsey Fire and I was able to move back into my home after one year. I can’t imagine the turmoil Kate and David experienced now being uprooted for three-and-a-half years!
I’ve reviewed this project with David and Kate as it has evolved to try to meet the code restrictions. As proposed, I would be happy to have this house in my neighborhood. I believe the proposed exceptions create an elegant solution to the challengers of the property slope.

I think we should all remember that Kate and David did not choose this rebuild and that it is beyond time to let them move forward after this natural disaster.

Sincerely,
Dr. Darshan Shah
ATTACHMENT 4
216

LINA YETISHEFSKKY & KEVIN MENTEER
66220 PASEO CANYON DRIVE
MALIBU, CA 90265
May 18, 2022
RE: ADMINISTRATIVE PLAN REVIEW-WOOLSEY FIRE NO. 20-062, VARIANCE NOS. 21-013, 21-014, AND 22-008
Mr. Mollica,
This letter supports the approval of ADMINISTRATIVE PLAN REVIEW-WOOLSEY FIRE NO. 20-062, VARIANCE NOS. 21-013, 21-014, AND 22-008.

We live in Malibu West, adjacent to Kate’s and David’s property. The letter, first and foremost, supports the approval of this fire rebuild. Secondly, this letter supports Kate and David, who have been active participants in the Malibu community for 20 years.

Regarding the fire rebuild: The current plans provide a great balance between a beautiful, livable home that benefits the neighborhood while also meeting the codes to ensure everyone’s well-being. We have watched Kate and David modify the house over these years to not only meet the needs of the codes, but also to meet the needs of Kate’s mother, who needs a wheelchair and will be challenged by certain of the fire code requirements.

Regarding the Ellis family: Kate and David support this community in several ways. David maintained an office in Malibu for over a decade. They support the local schools, community activities and charities.

We want these people in our community. Let’s give them the chance to move back home.

Sincerely,
Lina & Kevin
217

SANFORD MICHELMAN
23950 MALIBU ROAD
MALIBU, CA 90265
May 16, 2022
RE: ADMINISTRATIVE PLAN REVIEW-WOOLSEY FIRE NO. 20-062, VARIANCE NOS. 21-013, 21-014, AND 22-008
Mr. Mollica,
This letter supports the approval of ADMINISTRATIVE PLAN REVIEW-WOOLSEY FIRE NO. 20-062, VARIANCE NOS. 21-013, 21-014, AND 22-008.

I have known Kate and David Ellis for 25 years; Malibu has no better champions. In large part because we visited Kate and David in Malibu, my wife, Laura, and I moved to Malibu 3 years ago.

Over the last 3 years, I’ve spent countless hours with David and Kate reviewing the plans to rebuild their home. I’ve seen the changes and iterations made to accommodate the needs for fire approval and other code issues. I believe the plans as proposed represent a good outcome for the community. I know that Kate and David have worked relentlessly to accommodate the community needs while also creating a home which will enhance their neighborhood.

Sincerely,
Sanford Michelman
218

JENNIFER BRIGGS & STEVE ARCE
30652 LA SONORA DRIVE
MALIBU, CA 90265
May 18, 2022
RE: ADMINISTRATIVE PLAN REVIEW-WOOLSEY FIRE NO. 20-062, VARIANCE NOS. 21-013, 21-014, AND 22-008
Mr. Mollica,
This letter supports the approval of ADMINISTRATIVE PLAN REVIEW-WOOLSEY FIRE NO. 20-062, VARIANCE NOS. 21-013, 21-014, AND 22-008.

My husband, Steve Arce, is a life-long resident of Malibu and I have lived here 29 years. We are localbusiness owners; we own the Eyeglass shop 9026-Eyes and have owned businesses here for 30 years.

Our four children were raised in Malibu.

This context is important because we appreciate having Kate and David Ellis in our Malibu community.

Finding a couple which supports the local community as much as the Ellises would prove difficult. The Ellises constantly support local stores (like ours) and restaurants. As important, they support the local school charities and have sponsored the little league although they don’t have children of their own. In short, these are people we want to keep in our community.

On a personal note, the Ellises also made their home open to this community. My family, and many others, have enjoyed countless evenings at their weekend open-houses; the Ellises allowed our children and other families to use their home for prom parties or graduation parties; and Christmases, Thanksgivings and Easters have not been the same since we could not celebrate at the Ellises after the Woolsey Fire.

I know that Kate and David have spent tireless hours over the last three-and-a-half years to work with the City and the Fire Department to find a solution to rebuild. This project should be approved.

Sincerely,
Steve Are Jenn Briggs
219

DANA GRAULICH
31030 CUTHBERT
MALIBU, CA 90265
May 18, 2022
RE: ADMINISTRATIVE PLAN REVIEW-WOOLSEY FIRE NO. 20-062, VARIANCE NOS. 21-013, 21-014, AND 22-008
Mr. Mollica,
This letter supports the approval of ADMINISTRATIVE PLAN REVIEW-WOOLSEY FIRE NO. 20-062, VARIANCE NOS. 21-013, 21-014, AND 22-008.

My husband, Dean, and I are Malibu residents and local business owners; we own and operate Malibu Coast Animal Hospital.

I have known Kate and David Ellis for approximately 20 years; both Kate and David truly support Malibu businesses and the community.

I have reviewed the schematic design plans and understand the scope of the project. I believe the Ellises and their architect have come up with a sensitive way to meet the codes for this hillside property and that the project would be an improvement to the neighborhood and Malibu in general.

Sincerely,
Dana Graulich
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1 Aaron Gribben
Subject: FW: Item 5B 11-15-21 meeting
Attachments: pc 11-15-21 Item 5B.docx
From: healypatt@
Sent: Saturday, November 13, 2021 7:28 PM
To: Jeffrey D Jennings <[email protected]>; Kraig Hill <[email protected]>; John Mazza <[email protected]>; [email protected]; Mark Wetton <[email protected]> Cc: Patricia Salazar <[email protected]>
Subject: Item 5B 11‐15‐21 meeting
Commissioners, Debra De Cray doesn't have a computer.

I am submitting the attached comments on her behalf. Please let me know if you have any questions.

Either email me or call me at Thank You, Patt
227
1 Re Item 5B 11‐15‐21  31113 Bailard Road  OPPOSE
Honorable Commissioners,
I live directly below the subject property and have the following comments and suggestions regarding changes to the project in order to make the needed findings and preserve more of the natural topography,
Please don’t approve these project variances and send this project back to staff for further review and adjustment.

Variance for Retaining Walls
Deny the variance for retaining walls higher than 6 feet.  There are 2100 linear feet (almost ½ mile of retaining walls) and many of these walls can be eliminated as they are not necessary.  Nor does the above ground retaining wall height need be greater than 12 feet in height.

The existing retaining walls around the burnout residence didn’t exceed at any one point 6 ½ feet in height and there were far fewer of them.

The staff report doesn’t indicate where the retain walls above 6 ft are located and it is impossible to see them on a printed copy of the staff report. However, the need for so many retaining walls variances should be mitigated where possible.

Retaining Walls Variances May Not Needed
Far fewer retaining walls are needed and their height can be lowered so that possibly a variance is not needed. The following is how to achieve this result.

1. Remove the new updated wastewater treatment system from its proposed location and put it where the still functioning 228
2 undamaged pre burnout system is currently located under the original turnaround pad. The city inspection didn’t require a new updated system or changing the location of the system.

2. To accommodate a pool, a new pad would have to be created 38 feet downslope from the residence.  This will reduce the front yard setback from 64 feet to 26 ft.  Since the pool has been eliminated from the plan, the proposed infrastructure needed for the pool, including retaining walls and the dirt that was placed in the proposed pool area to create the new pool pad  needs to  be removed and this area returned to its preexisting natural grade and  topography.

Add a condition of approval stating that no pool , pad or other development/infrastructure will be located forward of the residential structure. Regulations require development on steep slopes to be setback.

3. The proposed driveway is much steeper (a 22 percent grade see Fire Access Plan A2b) than the existing driveway therefore in all probability requiring more and higher retaining walls.

The existing driveway slope is gentler and has served the property without incident for approximately 30 /40 years.  It is a concrete drivewaythat is between 14 feet and 11 feet in width and can easily be redone and expanded to the 20 feet  in width if required by the fire department.  This driveway has supported safely the heavy equipment which has been up and down the driveway since the fire without incident.

Using the existing driveway would require less grading and preserve more of the natural environment.
229
3 4 Use the existing turnaround. It is 20 to 30 feet wide and the length is 68 feet. The total existing turnaround area is between 1700‐ 1800 feet. It has a hammerhead turnaround and retaining walls not greater than 6 ½ feet in height.

The proposed new turnaround is at below the elevation of the existing home.  It seems to be relocated there for the sole purpose of adding a proposed new garage under the house creating an additional story and making that portion of the house higher than 28 feet.  It also appears that the two thirds rule has not been followed for the second story.

Variance for Development on Slopes Greater than  2.5 to 1

1. The proposed after the fact garage to be constructed would requires a variance since it would be on a slope greater than 2 ½ to 1 and this should be denied.

2. An after the fact cantilevered deck has been added beyond the existing pad.

3. It should be eliminated since it is on a slope greater than 2 ½ to one where a variance is required.
3 Findings can’t be made for the proposed deck and the new garage. Both the garage and the cantilevered deck were added after the project was approved and are therefore not needed. In fact , necessary findings were not even made for the deck and the garage and these 2 after the fact additions, staff admits were never reviewed by the  many city departments (page2  last paragraph of Project Overview).

A new driveway would require a variance for construction on slopes greater than 2 ½ to 1 otherwise the home can’t be accessed. However, staff should be asked to reevaluate the 230
4 course of the driveway for there would be less disturbance and fewer variances needed if the driveway followed the original path.

The existing driveway turnaround and hammerhead should be used which  would avoid the need for a variance for the grading on slopes greater than 2 ½ to1.

As much of the natural topography should be preserved as possible. The original driveway 11ft.to 14 ft. path has already been graded thereby  preserving more of the natural topography.

Moreover the existing driveway would not be as steep.

Additional Conditions
Please add a condition that all construction equipment and vehicles  will be  kept on site and there will be no parking on Bailard Rd. Pvt since the road is only 14 feet wide and parking would block the road.

Please expand Condition 26  (lighting) to say the property will adhere to the Dark Sky Ordinance since the project will not be completed until after the Ordinance is in effect.

Respectfully,
Debra De Cray

Malibu, Ca 90265
231

NOTICE OF PUBLIC HEARING

CITY OF MALIBU

CITY COUNCIL
The Malibu City Council will hold a public hearing on MONDAY, February 27, 2023, at 6:30 p.m. on the project identified below. This meeting will be held via teleconference only in order to reduce the risk of spreading COVID-19 and pursuant to AB 361 and the County of Los Angeles Public Health Officer’s Safer at Home Order. All votes taken during this teleconference meeting will be by roll call vote, and the vote will be publicly reported.

How to View the Meeting: No physical location from which members of the public may observe the meeting and offer public comment will be provided. Please view the meeting, which will be live streamed at https://malibucity.org/video and https://malibucity.org/VirtualMeeting.

How to Participate Before the Meeting: Members of the public are encouraged to submit email correspondence to [email protected] before the meeting begins.

How to Participate During the Meeting: Members of the public wishing to speak or defer time to another speaker during the meeting must participate through the Zoom application and must be present in the Zoom conference to be recognized. The City requests that you sign up to speak before the item you would like to speak on has been called by the Mayor. For those wishing to defer time, you are not required to sign up to speak. At the start of public comment for the item, the Mayor shall ask members of the public wishing to defer time to raise their hands in the Zoom meeting using the reactions button. Each person will be called to verify their presence in the Zoom meeting and their intent to donate time.

Please visit https://malibucity.org/VirtualMeeting and follow the directions for signing up to speak and downloading the Zoom application.

APPEAL NO. 22-007 – An appeal of Planning Commission Resolution No. 22-44 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit-Woolsey Fire No. 22-006 for the reconstruction of an existing driveway, new retaining walls, two-car garage and decking located on steep slopes for a Woolsey Fire affected parcel; including variances for construction on slopes steeper than 2.5 to 1, height of retaining walls in excess of six feet in height and a combined height of 12 feet in height, but not to exceed 24 feet, 7 inches and a combined height up to 32 feet, 1 inch, and for non-exempt grading over 1,000 cubic yards, not to exceed 2,130 cubic yards Location: 31113 Bailard Road
APN: 4470-011-038
Zoning: Rural Residential Five Acre (RR-5)
Applicant: Vue Ventures, Inc.

Appellant: Debra A. DeCray
Owners: David W. and Kate Williams Ellis
Environmental Review: Categorical Exemption CEQA Guidelines Sections 15302 Application Filed: December 10, 2020
Appeal Filed: August 11, 2022
Case Planner: Adam Pisarkiewicz, Contract Planner
(949) 489-1442
[email protected]
232
Exhibit G
Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), the Planning Commission previously analyzed the proposed project and found that it is listed among the classes of projects that have been determined not to have a significant adverse effect on the environment. Therefore, the project is categorically exempt from the provisions of CEQA pursuant to CEQA Guidelines Sections 15301(I) – Existing Facilities and 15303(a) and (e) – New Construction or Conversion of Small Structures. The Planning Commission further determined that none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2).

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

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

IF YOU CHALLENGE THE CITY’S ACTION IN COURT, YOU MAY BE LIMITED TO RAISING

ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING

DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY, AT OR PRIOR TO THE PUBLIC HEARING.

Richard Mollica, Planning Director
Publish Date: February 2, 2023
233

Agenda Item # 6.A.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Joseph D. Toney, Assistant City Manager
Reviewed by: Renée Neermann, Finance Manager
Approved by: Steve McClary, City Manager
Date prepared: January 23, 2023 Meeting date: February 27, 2023 Subject: Fiscal Year 2022-23 Second Quarter Financial Report and Mid-Year Budget Amendments
RECOMMENDED ACTION: 1) Receive and file Fiscal Year 2022-23 Second Quarter Financial Report; 2) Provide direction on Fiscal Year 2022-23 City Council Priorities and Departmental Tasks in the Work Plan; 3) Adopt Resolution No. 23-07 amending the annual budget for Fiscal Year 2022-23; and 4) Adopt Resolution No. 23-08 amending the Authorized Positions and Salary Ranges for Fiscal Year 2022-23 and approving Assistant City Clerk job specification.

FISCAL IMPACT: The Proposed Fiscal Year (FY) 2022-23 Mid-Year Budget Amendments total an increase of $6.97 million in General Fund Revenue and an increase of $1.66 in General Fund expenditures. The proposed amendments total an increase of $6.99 million in revenue over all funds and an increase of $1.70 in overall expenditures and maintain a balanced budget.

The budgeted General Fund Undesignated Reserve for June 30, 2022 is $57.4 million.

As of December 31, 2022, the General Fund Undesignated Reserve is projected at $65.7 million for the year ending June 30, 2023. The City’s Projected General Fund Undesignated Reserve will be approximately 142.2% of the $46.2 million FY 2022-23 Amended operating budget and will exceed the 65% targeted reserve amount.

The Adopted Budget for FY 2022-23 included an estimated $1,564,000 in expenses attributable to the rebuilding efforts for the Woolsey Fire. The Proposed FY 2022-23 MidYear Budget Amendments include an addition of $50,000 to the budgeted amount. This amount does not include FEMA and CalOES related reimbursable expenses.

City Council Meeting
02-27-23
Item

6.A.
1

Agenda Item # 6.A.

WORK PLAN: This item was included as Item #6.c. in the Adopted Work Plan for Fiscal Year 2022-23.

DISCUSSION: The attached report provides revenue, expenditure and fund balance totals for the Second Quarter of FY 2022-23 and the proposed mid-year budget amendments (Attachment 3).

The Revenues by Fund Report (pages A-1 through A-5) reflects General Fund revenues received of $23.8 million or 50.0% of the amended budgeted amount for the fiscal year.

Total revenue for all funds received through the second quarter is $28.0 million or 32.3% of the annual budgeted amount for the fiscal year. Many revenue sources are received on a quarterly or annual basis and, as such, will be reflected when the year-end report is presented. For example, property taxes are remitted by the County after they are paid by property owners in December and April; Property Tax - In Lieu payments typically come at the end of the year; and Transient Occupancy Tax - Private Rentals is remitted quarterly. Therefore, this report only reflects payments made in October for the period of July through September. The second quarter payments will be received by the end of January and are not included in this report. Sales Tax is remitted quarterly to the State and then passed along to the City, so there is some lag in those receipts as well.

Additionally, total City revenue includes grant reimbursements for Capital Improvement Projects (CIP) expenditures that are typically received at the end of the fiscal year.

The Expenditure by Fund Report (pages A-6 through A-9) reflects budget carryovers from FY 2021-22, as well as the appropriations approved by the City Council for the current fiscal year in the Amended Budget column. Budget Adjustments, Carryovers, Corrections and Council Appropriations total $1,960,304 through December 31, 2022.

General Fund expenditures for the second quarter total $15.9 million or 34.4% of the Amended budgeted amount. Expenditures for all funds total $20.6 million or 22.4% of the Amended budgeted amount.

Projected Fund Balances for the fiscal year-end are reflected on page A-10. The projected Undesignated Fund Balance at June 30, 2023, includes all expenses appropriated by the Council as of December 31, 2022. The City ended FY 2021-22 with $57.4 million in the Undesignated General Fund Reserve. As of December 31, 2022, the projected General Fund Undesignated Reserve at June 30, 2023, is $65.7 million. In addition, the $6.5 million Council previously set aside for COVID-19 related impacts as a Designated Reserve for FY 2021-22 Operating Expenditures is projected to remain unspent and available to be designated for other purposes.

Impacts of Ongoing COVID-19 Pandemic
The COVID-19 pandemic is waning with the State of California ending the State of Emergency on February 28, 2023. It is anticipated that there will be little financial impact 2

Agenda Item # 6.A.
to Malibu going forward. The City’s major revenue sources continued the growth trends in the first six months of FY 2022-23 that were observed in FY 2021-22 with the economy reopening.

Status of Fee Waivers for Woolsey Fire Rebuilds
On November 8, 2021, the Council adopted Resolution No. 21-62 superseding and replacing Resolution No. 21-10, and directing the City Manager to waive certain fees related to the rebuilding of structures that were damaged or destroyed by the Woolsey Fire on a property used as a primary residence. The updated fee waiver requirements state that an application for fee waivers must be received by June 30, 2023; all required Planning Department applications for the project must be deemed complete by June 30, 2023; all required building permits must be pulled by December 30, 2023; and no fees will be waived beyond December 30, 2023.

The Adopted Budget for FY 2022-23 includes sufficient funding for the consultant services required to assist all remaining Woolsey Fire property owners and is not reliant on revenue from permit fees.

Mid-Year Budget Amendments
The Mid-Year Budget Amendments are detailed on pages A-11.

General Fund Revenue Amendments
Staff is recommending the following amendments to the General Fund revenue budget, which total a net increase of $6,971,000:

Current Year Secured Property Tax 1,360,000 Revised Property Tax projection Transient Occupancy Tax - Hotels and Motels 540,000 Increased to reflect higher than anticipated rentals Transient Occupancy Tax - Private Rentals 1,000,000 Increased to more accurately reflect short-term rental activity Sales and Use Tax 1,950,000 Increased per HDL forecast for sales tax and anticipated TUT Parking Occupancy Tax 200,000 Increased use of beach lots Parking Citations 467,000 Increased parking citations
Public Works Project Review Fees 133,000 Increased number of projects in review Building Permits 267,000 Increase in permits
Planning - Biology Review Fees 60,000 Increased number of projects in review Building Plan Check Fees 461,000 Increased number of projects in review Geo Soils Engineeering Fees 211,000 Increased number of projects in review Environmental Health Review Fees 201,000 Increased number of projects in review OWTS Operating Permit Fees 121,000 Increase in permits
Total General Fund Revenue 6,971,000
3

Agenda Item # 6.A.

General Fund Expenditure Amendment
The following amendments to the adopted expenditure budget are recommended. The General Fund expenditures total an increase of $1,663,328. Special Revenue increases $41,134. The General Fund Amendments are summarized below:

Public Works - Street Maintenance 71,000 Maintenance Yard rent increase Public Works - Street Maintenance 33,000 Traffic striping on Las Flores Canyon Road Public Works - Street Maintenance 21,000 Point Dume sidewalk repairs Public Works - Street Maintenance 10,000 Repair electrical conduit at Malibu Canyon/Civic Center Way Public Works - Street Maintenance 10,000 Add'l street sweeping following 2023 storm events Public Works - Street Maintenance 20,000 Repairs to signal controller at Malibu Canyon Road Public Works - Street Maintenance 112,000 New City trash receptacles PW Subtotal 277,000
Park Maintenance Program - Parks Maintenance 25,000 Repairs to park amenities (playgrounds/benches/trashcans) Park Maintenance Program - Facilities Maintenance 25,000 Repairs/upgrades to the Charmlee Park residence trailer Park Maintenance Program - Leasehold Improvemen 15,000 Repairs/upgrades to Bluffs Park staff offices Park Maintenance Program - Equipment 30,000 Security upgrades to the Michael Landon Center Park Maintenance Subtotal 95,000
Public Safety - Professional Services 17,681 Everbridge annual contract Public Safety - Professional Services 21,000 To recognize actual cost of Oracle Virtual EOC License Public Safety - Professional Services 350,000 SMMC Hazard Tree Grant / Newbury Park Tree Services Public Safety - LA County Sheriff Services 172,442 To recognize actual cost of Sheriff's contract Public Safety - Other Equipment 69,955 Fire Safety Beacon Boxes (additonal purchase of 17 units) Public Safety Subtotal 631,078
Planning - Salaries/Overtime 25,000 Increase to staff overtime budget Planning - Coastal Development Permit Services 95,000 Biological peer reviews Planning Subtotal 120,000
Building Safety/Sustainability - Salaries 60,250 Reclassification of administrative employee positions, +1 FTE Clean Water Program - Professional Services 150,000 Amendment to Rincon Consultants, Inc. agreement Woolsey Fire/Storm Response - Coastal Dev. Permi 30,000 Biological peer reviews for Woolsey Fire rebuilds Woolsey Fire/Storm Response - Storm Response 300,000 Expenses for 2023 winter storm response Woolsey Fire/Storm Response Subtotal 330,000
Total General Fund Expenditures 1,663,328
Personnel
The Adopted Budget for FY 2022-23 provides for a total number of 110.77 full-time equivalent positions (FTE) employees comprised of 97.5 full-time employees and 13.27 part-time employees. The City, as with most public and private entities, is experiencing hardships with filling vacant positions. The U.S. economy posted a 53.5 year low of 3.4% unemployment rate as of January 2023. The labor market is tight and Malibu is no exception to these challenges as the City currently has about 20 vacancies. This is an 18% vacancy rate, or nearly 1/5 of the workforce is unavailable, making operations very challenging. Human Resources is working expeditiously to recruit and fill positions. 4

Agenda Item # 6.A.

At this time, it is recommended that 1.0 full-time position be added and one new Job Specification be added. The funding necessary to fund these additional positions has been included in the proposed General Fund Expenditure Amendments detailed above. • Add: Senior Office Assistant in ESD - The addition of a Senior Office Assistant will allow the Director and Environmental Programs Manager to be able to concentrate on the development of new programs, ordinances, Council priorities, and innovative solutions for City improvements while keeping consistency within the Department.
• Add Job Specification: Assistant City Clerk – The addition of an Assistant City Clerk job specification will provide flexibility in filling positions in the City Clerk’s Office. There are currently two vacant Deputy City Clerk positions, and one position can be replaced and filled at an Assistant level to properly address responsibilities as well as competitiveness in recruiting. The range will be $99,348 to $129,628.

American Rescue Plan Act
On March 11, 2021, the American Rescue Plan Act (ARPA) was signed into law. The plan provides funding totaling $65.1 billion to all 19,000 cities, towns, and villages in the United States. Malibu has received $2.34 million in two payments to be used on eligible expenses. The US Treasury issued the Final Rule on the use of the ARPA funds on January 6, 2022. Council previously approved the use of $759,549 to cover the cost of adding 7.5 full-time equivalent (FTE) positions to help return the City to pre-pandemic staffing levels and another $75,000 for budgeting software to support the resiliency of City operations.

Although the City Council approved this expenditure plan, the Final Rule also allowed for agencies to claim a revenue loss standard allowance of up to $10 million without having to demonstrate any actual lost revenue. Claiming revenue loss allows the $2.34 million to be spent strategically within the General Fund. Staff will review this potential change and will return with a report if the modification is possible.

Anticipated Future Revenue Impacts
The City’s revenues are growing and are anticipated to continue to grow in the major tax revenue categories. The previously proposed Hosted Short-Term Rental Ordinance was a potential financial loss, but the plan was not approved by the California Coastal Commission and has not gone into effect. On the positive, the voters approved a Transactions and Use Tax (TUT) on November 8, 2022, which goes into effect on April 1, 2023, and is estimated to bring in $3.0 million per year. The Year-End projected revenues include an estimated $750,000 in additional Sales and Use Tax Revenue assuming one quarter of additional TUT.
5

Agenda Item # 6.A.

Anticipated Unfunded Expenditures
The new Santa Monica College (SMC) Satellite campus will include an approximately 5,700 square foot Sheriff substation and Emergency Operations and Planning Center.

Funding for any additional costs that this new substation may entail have not been included in the existing budget. A Sheriff’s Substation Ad Hoc Committee was formed on January 9, 2023, to further explore the organizational structure of the substation and resulting budget impacts. Any incremental increases in FY 2022-23 will be brought back to Council separately, and ongoing future costs will be included in the FY 2023-24 Proposed Budget.

Designated Reserve for FY 2022-23
There are no suggested changes to the existing Designated Reserve.

The Treasurer’s Cash and Investment Report is attached on page A-12.

FY 2022-23 Adopted Work Plan
The Adopted Budget and Work Plan are intended to align resources necessary to work on the Council priorities outlined in the Work Plan. There are currently over 150 priorities on the Work Plan. The level of available City resources do not match the magnitude of projects and priorities in the plan. The City Council will be conducting a Work Plan workshop on March 22, 2023, to identify and prioritize the many projects to better align resources and goals.

On September 27, 2022, the City Council approved the addition of KnoxBox community outreach to the Work Plan.

Administrative and Finance Subcommittee Recommendation
On February 15, 2022, the Administrative and Finance Subcommittee reviewed the FY 2022-23 Second Quarter Financial Report. The Subcommittee recommended the Council approve the FY 2022-23 mid-year budget amendments, the revised Authorized Positions and Salary information, and the Assistant City Clerk job specification.

ATTACHMENTS:

1. Resolution No. 23-07 – Annual Budget

2. Resolution No. 23-08 – Authorized Positions

3. FY 2022-23 Second Quarter Financial Report and Mid-Year Budget Amendments

4. Second Quarter Update of FY 2022-23 City Council Work Plan 6 ATTACHMENT 1
RESOLUTION NO. 23-07

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2022-2023
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Since the adoption of the 2022-2023 annual budget on June 13, 2022, the City has determined that additional revenue and expenditure adjustments are necessary, which require amending the Adopted Budget for Fiscal Year 2022-2023.

SECTION 2. The 2022-2023 annual budget is hereby amended as shown in Exhibit A. The 2022- 2023 annual budget adopted June 13, 2022, by resolution No. 22-22 as modified by Exhibit A shall be the official municipal budget for 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 27th day of February 2023. _____________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
_________________________________
TREVOR RUSIN, Interim City Attorney
7 Resolution No. 23-07

_____________________

EXHIBIT A
8 ATTACHMENT 2
RESOLUTION NO. 23-08

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
RESCINDING SECTION 2 OF RESOLUTION NO. 22-24 AND APPROVING

THE AUTHORIZED POSITIONS AND SALARY RANGES FOR FISCAL
YEAR 2022-2023 AND APPROVING THE ASSISTANT CITY CLERK JOB

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

SECTION 1. On June 13, 2022, the City Council adopted Resolution No. 22-24 approving the Authorized Position and Salary Ranges for Fiscal Year 2022-2023.

SECTION 2. Since June 13, 2022, changes to the Authorized Positions and Salary Ranges for Fiscal Year 2022-2023 are needed.

SECTION 3. Section 2 of Resolution 22-24 is hereby rescinded.

SECTION 4. The Assistant City Clerk Job Specification, as set forth in Exhibit A, is hereby approved.

SECTION 5. The City Council has reviewed the updated Authorized Positions and Salary Ranges for Fiscal Year 2022-2023 as set forth in Exhibit B.

SECTION 6. The Authorized Positions and Salary Ranges for Fiscal Year 2022-2023 incorporated by this reference are hereby approved.

SECTION 7. The City Manager has the authority to increase a salary range as needed for authorized positions that are required to be on call for emergency services by a maximum of three percent.

SECTION 8. This resolution shall become effective on February 27, 2023.

SECTION 9. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED, and ADOPTED this 27th day of February 2023. _____________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
9 Resolution No. 23-08

_____________________
APPROVED AS TO FORM:
_________________________________
TREVOR RUSIN, Interim City Attorney
10 Resolution No. 23-08

_____________________
11 Resolution No. 23-08

_____________________
12 Resolution No. 23-08

_____________________
13 Resolution No. 23-08

_____________________
14 Resolution No. 23-08

_____________________
15 Resolution No. 23-08

_____________________
16 Resolution No. 23-08

_____________________
17 Resolution No. 23-08

_____________________
18 Resolution No. 23-08

_____________________
19 REVENUES BY FUND
December 31, 2022
Object Description
2022-2023
Adopted
Amended
Budget
Received
12/31/2022
Percentage
Received
2022-2023
Projected
100, 101, 102 & 103 General Fund
3111 Current Year Secured Property Tax $ 13,300,000 $ 13,300,000 $ 5,701,136 42.9% $ 14,660,000 3112 Current Year Unsecured Property Tax 425,000 425,000 417,137 98.1% 425,000 3113 Homeowner's Exemption 60,000 60,000 9,132 15.2% 60,000 3114 Prior Year Secured Property Tax 1,000 1,000 - 0.0% 1,000 3115 Prior Year Unsecured Property Tax 10,000 10,000 - 0.0% 10,000 3118 Property Tax In-Lieu 2,350,000 2,350,000 - 0.0% 2,350,000 Revenue from Property Taxes 16,146,000 16,146,000 6,127,405 37.9% 17,506,000 3131 Documentary Transfer Tax 1,200,000 1,200,000 382,085 31.8% 1,318,320 3132 Utility User's Tax 2,200,000 2,200,000 1,151,191 52.3% 2,302,382 3133 Transient Occupancy Tax - Hotels and Motels 3,000,000 3,000,000 1,770,054 59.0% 3,540,108 3133-01 Transient Occupancy Tax - Private Rentals 5,000,000 5,000,000 1,658,224 33.2% 6,000,000 3134 Franchise Fees 650,000 650,000 158,684 24.4% 650,000 3137 Sales and Use Tax 4,500,000 4,500,000 1,573,148 35.0% 6,450,000 3138 Parking Occupancy Tax 400,000 400,000 300,477 75.1% 600,954 Revenue From Other Taxes 16,950,000 16,950,000 6,993,863 41.3% 20,861,764 3201 Alarm Permits 35,000 35,000 15,944 45.6% 31,888
3202 Film Permits 450,000 450,000 234,672 52.1% 469,344 3203 Building Permits 930,000 930,000 598,573 64.4% 1,197,146 3203-01 Code Enforcement - Special Investigations 20,000 20,000 12,677 63.4% 25,354 3204 Wastewater Treatment System Permits 35,000 35,000 22,875 65.4% 45,750 3205 Plumbing Permits 115,000 115,000 85,855 74.7% 171,710 3207 Mechanical Permits 90,000 90,000 71,381 79.3% 142,762 3208 Electrical Permit Fees 225,000 225,000 160,025 71.1% 320,050 3209 Grading/Drainage Permit Fees 80,000 80,000 45,542 56.9% 91,084 3210 Misc. Permits 20,000 20,000 4,346 21.7% 8,692
3418 OWTS Operating Permit Fees 320,000 320,000 220,362 68.9% 440,724 3420 Parking Permits 1,500 1,500 146 9.7% 292
3421 Planning Review Fees 1,200,000 1,200,000 634,654 52.9% 1,269,308 Revenue From Licenses and Permits 3,521,500 3,521,500 2,107,052 59.8% 4,214,104 3250 Parking Citation Fines 1,150,000 1,150,000 808,269 70.3% 1,616,538 Revenue From Fines and Forfeitures 1,150,000 1,150,000 808,269 70.3% 1,616,538 3316 Motor Vehicle In-Lieu Fees 15,000 15,000 - 0.0% 15,000 3318 Street Sweeping Reimbursements 51,678 51,678 12,920 25.0% 25,840 3322 American Rescue Plan 1,413,797 2,338,459 2,338,459 100.0% 2,338,459 3313/3341 FEMA/OES Reimbursements 1,500,000 1,500,000 1,036,126 69.1% 1,500,000 3373 Proposition A Recreation - - - 0.0% -
3383 Measure A Recreation - 100,000 - 0.0% 100,000
3381 LA County EWMP Reimbursement - 53,218 53,218 100.0% 53,218 Revenue From Other Governments 2,980,475 4,058,355 3,440,723 84.8% 4,032,517 3408 Biology Review Fees 175,000 175,000 133,851 76.5% 267,702 3409 Document Retention Fees 14,000 14,000 10,733 76.7% 21,466 3410 Building Plan Check Fees 850,000 850,000 655,671 77.1% 1,311,342 3410-01 Administrative Plan Check Processing Fee 50,000 50,000 35,996 72.0% 71,992 3410-03 Building Plan Check Fees - Dark Sky 650,000 650,000 - 0.0% - 3411 Inspector Plan Check Fees 180,000 180,000 104,804 58.2% 209,608 3412 Geo Soils Engineering Fees 900,000 900,000 555,320 61.7% 1,110,640 3413 Other Plan Check Fees 40,000 40,000 15,027 37.6% 30,054 3414 Environmental Health Review Fees 400,000 400,000 300,296 75.1% 600,592 3415 Grading/Drainage Plan Review Fees 10,000 10,000 2,122 21.2% 4,244 3416 Code Enforcement Investigation Fees 60,000 60,000 29,594 49.3% 59,188 3419 Credit Card Fees 105,000 105,000 71,664 68.3% 143,328 3422 OWTS Practitioners Fees 4,000 4,000 2,358 59.0% 4,716 3425 CA Building Standards Surcharge 3,000 3,000 1,758 58.6% 3,516 3426 EIR Review Fees - - - 0.0% -
3427 Technology Enhancement Fee 100,000 100,000 66,037 66.0% 132,074 3431 Public Works/Engineering Fees 350,000 350,000 241,675 69.1% 483,350 3432 WQMP Fees 25,000 25,000 24,501 98.0% 49,002
3433 Banner Hanging Fees - - - 0.0% -
3434 TOT Registration Fees - - - 0.0% -
3434-01 Short-Term Rental Permit Fee 100,000 100,000 74,871 74.9% 149,742 3434-02 Short-Term Rental Violation Fines 2,000 2,000 - 0.0% - A-1
ATTACHMENT 3
20 REVENUES BY FUND
December 31, 2022
Object Description
2022-2023
Adopted
Amended
Budget
Received
12/31/2022
Percentage
Received
2022-2023
Projected
General Fund (Continued)
3435 Admin Permit Processing Fees 80,000 80,000 53,895 67.4% 107,790 3436 Electric Vehicle Charger Fees 2,000 2,000 2,143 107.2% 4,286 3441 Sale of Publications and Materials 500 500 - 0.0% - 3444 Returned Check Service Fees 500 500 95 19.0% 190
3446 Vehicle Release Impound Fees 75,000 75,000 48,937 65.2% 97,874 3447 Election Fees 1,500 1,500 2,508 167.2% 2,508
3448 Subpoena Fees 1,000 1,000 298 29.8% 596
3449 False Alarm Service Charge 12,000 12,000 5,929 49.4% 11,858 3450 Residential Decals 2,000 2,000 290 14.5% 580
3461 Municipal Facility Use Fees 80,000 80,000 49,760 62.2% 99,520 3464 Youth Sports Program 45,000 45,000 45,703 101.6% 91,406 3464-01 Girls Youth Sports 7,000 7,000 - 0.0% -
3466 Aquatics Program 200,000 200,000 110,047 55.0% 220,094 3467 Day Camp 50,000 50,000 20,144 40.3% 40,288
3468 Senior Adult Program 5,000 5,000 10,805 216.1% 21,610 3469 Skate Park 45,000 45,000 16,159 35.9% 32,318
3470 Recreation/Community Class Registration 70,000 70,000 71,128 101.6% 142,256 3471/3472 Special Events 2,500 2,500 1,840 73.6% 3,680
Revenue From Service Charges 4,697,000 4,697,000 2,765,959 58.9% 5,529,410 3501 Interest Earnings 300,000 300,000 1,118,269 372.8% 300,000 3505 City Hall Use Fees 10,000 10,000 18,610 186.1% 10,000 Use of Money and Property 310,000 310,000 1,136,879 366.7% 310,000 3600 Proceeds from Grants 370,000 720,000 428,345 59.5% 720,000 3602 Proposition A Transportation Funds Exchange - - - 0.0% - 3901 Settlements 5,000 5,000 24 0.5% 5,000
3902 Legal Fees - - - 0.0% -
3904 TOT Private Rental Penalties 25,000 25,000 6,871 27.5% 25,000 3905 Miscellaneous Reimbursements 25,000 25,000 8,206 32.8% 25,000 3920 Donations 5,000 5,000 - 0.0% 5,000
3940 Sale of Surplus Property 1,000 1,000 - 0.0% 1,000
3930/3943 Miscellaneous Revenue 5,000 5,000 2,280 45.6% 5,000 Miscellaneous Revenue 436,000 786,000 445,726 56.7% 786,000 Total General Fund 46,190,975 47,618,855 23,825,876 50.0% 54,856,333 Special Revenue Funds
201 Gas Tax Fund
3315 Highway User's Fees 370,785 370,785 123,257 33.2% 370,785 3318 Traffic Congestion Relief - - - 0.0% -
3501 Interest Earnings 1,000 1,000 - 0.0% 1,000
Total Gas Tax Fund 371,785 371,785 123,257 33.2% 371,785 202 Traffic Safety Fund
3312 Fines & Forfeitures 200,000 200,000 107,150 53.6% 200,000 3501 Interest Earnings 900 900 - 0.0% 900
Total Traffic Safety Fund 200,900 200,900 107,150 53.3% 200,900 203 Proposition A Fund
3371 Prop A Funds 281,466 281,466 155,223 55.1% 281,466 3501 Interest Earnings 2,000 2,000 - 0.0% 2,000
Total Proposition A Fund 283,466 283,466 155,223 54.8% 283,466 204 Proposition C Fund
3372 Prop C Funds 233,468 233,468 128,753 55.1% 233,468 3501 Interest Earnings 2,000 2,000 - 0.0% 2,000
Total Proposition C Fund 235,468 235,468 128,753 54.7% 235,468 205 Measure R Fund
3374 Measure R Funds 175,101 175,101 96,540 55.1% 175,101 3501 Interest Earnings 2,000 2,000 - 0.0% 2,000
Total Measure R fund 177,101 177,101 96,540 54.5% 177,101 A-2
21 REVENUES BY FUND
December 31, 2022
Object Description
2022-2023
Adopted
Amended
Budget
Received
12/31/2022
Percentage
Received
2022-2023
Projected
206 Air Quality Management Fund
3377 AQMD Funds 16,000 16,000 3,587 22.4% 16,000
3501 Interest Earnings 800 800 - 0.0% 800
3943 Other Revenue - - - 0.0% -
Total Air Quality Management Fund 16,800 16,800 3,587 21.4% 16,800 207 Solid Waste Management Fund
3311 Solid Waste Management Surcharge 120,000 120,000 48,883 40.7% 120,000 3434 Recycling Fees 17,500 17,500 6,565 37.5% 17,500
3501 Interest Earnings 125 125 - 0.0% 125
3600 Grant Proceeds 5,000 5,000 26,134 522.7% 5,000
Total Solid Waste Management Fund 142,625 142,625 81,582 57.2% 142,625 208 Parkland Development Fund
3135 Parkland Development Fees 20,000 20,000 13,529 67.6% 20,000 3501 Interest Earnings 500 500 - 0.0% 500
3905 Miscellaneous Reimbursements - - - 0.0% -
Total Park Development Fund 20,500 20,500 13,529 66.0% 20,500 209 Quimby Fund
3501 Interest Earnings 30 30 - 0.0% 30
Total Quimby Fund 30 30 - 0.0% 30
211 COPS (Brulte) Grant Fund
3600 Proceeds From Grants (Brulte) 155,000 155,000 146,529 94.5% 155,000 Total COPS (Brulte) Fund 155,000 155,000 146,529 94.5% 155,000 212 Measure M Funds
3375 Measure M Funds 198,448 198,448 109,222 55.0% 198,448 3501 Interest Earnings 2,000 2,000 - 0.0% 2,000
Total Measure M Fund 200,448 200,448 109,222 54.5% 200,448 213 Road Maintenance and Rehabilitation Act (RMRA) Fund 3319 SB1 Annual Allocation 288,238 288,238 79,089 27.4% 288,238 3501 Interest Earnings 1,500 1,500 - 0.0% 1,500
Total RMRA Fund 289,738 289,738 79,089 27.3% 289,738
214 Art in Public Places Fund
3135 Art in Public Places Fees 5,000 5,000 - 0.0% 5,000 3501 Interest Earnings 200 200 - 0.0% 200
Total Art in Public Places Fund 5,200 5,200 - 0.0% 5,200 215 Community Development Block Grant Fund
3600 Proceeds From Grants 15,000 15,000 2,384 15.9% 15,000 3600-01 Proceeds From Grants - Disaster Recovery 45,000 45,000 - 0.0% 45,000 Total Comm. Dev. Block Grant Fund 60,000 60,000 2,384 4.0% 60,000 218 Measure W - LA County Stormwater Fund
3379 Measure W Annual Allocation 380,000 380,000 390,328 102.7% 380,000 3501 Interest Earnings 100 100 - 0.0% 100
Total Measure W - LA County Stormwater 380,100 380,100 390,328 102.7% 380,100 225 Grants Fund
3376 TDA 10,869 10,869 - 0.0% 10,869
3600 Proceeds From Grants 16,500,000 11,778,219 (7,774) -0.1% 11,778,219 Total Grants Fund 16,510,869 11,789,088 (7,774) -0.1% 11,789,088 290 Big Rock LMD Fund
3116 Big Rock Mesa Assessment 327,539 327,539 148,769 45.4% 327,539 3501 Interest Earnings 800 800 - 0.0% 800
Total Big Rock LMD Fund 328,339 328,339 148,769 45.3% 328,339 Special Revenue Funds (Continued)
A-3
22 REVENUES BY FUND
December 31, 2022
Object Description
2022-2023
Adopted
Amended
Budget
Received
12/31/2022
Percentage
Received
2022-2023
Projected
291 Malibu Road LMD Fund
3116 Malibu Road Assessment 59,388 59,388 24,883 41.9% 59,388 3501 Interest Earnings 800 800 - 0.0% 800
Total Malibu Road LMD Fund 60,188 60,188 24,883 41.3% 60,188 292 Calle Del Barco LMD Fund
3116 Calle Del Barco Assessment 81,618 81,618 34,359 42.1% 81,618 3501 Interest Earnings 700 700 - 0.0% 700
Total Calle Del Barco LMD Fund 82,318 82,318 34,359 41.7% 82,318 715 Civic Center Water Treatment Facility AD
3501 Interest Earnings 10,000 10,000 10,198 102.0% 10,000 3915 Civic Center Water Treatment Facility AD 2,587,519 2,587,519 835,201 32.3% 2,587,519 Total Civic Ctr Water Treatment Facility AD 2,597,519 2,597,519 845,399 32.5% 2,597,519 517 Civic Center Water Treatment Facility - Phase Two
3501 Interest Earnings - - - 0.0% -
3950 CCWTF - Phase Two Construction - Bond Proceeds 16,500,000 16,500,000 - 0.0% 16,500,000 2080 CCWTF - Phase Two Contributions - - - 0.0% -
Total Civic Ctr Water Treatment Facility AD 16,500,000 16,500,000 - 0.0% 16,500,000 712 Carbon Beach Undergrounding CFD Fund
3915 Carbon Beach Undergrounding Assessment 236,032 236,032 94,827 40.2% 236,032 3501 Interest Earnings 20 20 4 20.0% 20
Total Carbon Beach Undergrounding CFD 236,052 236,052 94,831 0.0% 236,052 713 Broad Beach Assessment District
3915 Broad Beach Undergrounding Assessment 141,710 141,710 57,235 40.4% 141,710 3501 Interest Earnings 10 10 511 5110.0% 10
Total Broad Beach Undergrounding AD 141,720 141,720 57,746 40.7% 141,720 38,996,166 34,274,385 2,635,386 7.7% 34,274,385
500 Legacy Park Project Fund
3501 Interest Earnings 6,000 6,000 - 0.0% 6,000
3505 Proceeds from Rent 1,565,941 1,565,941 772,500 49.3% 1,565,941 3373 Prop A Recreation - - - 0.0% -
3383 Measure A Recreation - - - 0.0% -
3905 Miscellaneous Revenue 145,000 145,000 - 0.0% 145,000 Total Legacy Park Project Fund 1,716,941 1,716,941 772,500 45.0% 1,716,941 Total Legacy Park Project Fund 1,716,941 1,716,941 772,500 45.0% 1,716,941 515 Civic Center Wastewater Treatment Facility O&M
3501 Interest Earning - - - 0.0% -
3510 Sewer Service Fees 2,200,000 2,200,000 766,859 34.9% 2,200,000 3915 Contributions-Property Owners - - - 0.0% -
Total CCWTF O&M 2,200,000 2,200,000 766,859 34.9% 2,200,000 Total CCWTF O&M Funds 2,200,000 2,200,000 766,859 34.9% 2,200,000 Special Revenue Funds (Continued)
Total Special Revenue Funds
A-4
23 REVENUES BY FUND
December 31, 2022
Object Description
2022-2023
Adopted
Amended
Budget
Received
12/31/2022
Percentage
Received
2022-2023
Projected
601 Vehicle Fund
3501 Interest Earnings - - - 0.0% -
3951 Vehicle Charges 114,000 120,000 - 0.0% 120,000
Total Vehicle Fund 114,000 120,000 - 0.0% 120,000
602 Information Technology Fund
3501 Interest Earnings - - - 0.0% -
3952 Information Technology Charges 695,000 710,000 - 0.0% 710,000 Total Information Technology Fund 695,000 710,000 - 0.0% 710,000 Total Internal Service Funds 809,000 830,000 - 0.0% 830,000 Total Revenue - All Funds $ 89,913,082 $ 86,640,181 $ 28,000,621 32.3% $ 93,877,659 Total 2022-2023 Adopted budget: $ 89,913,082
Account Description Amount
100-0000-3381-00 LA County EWMP Deferred Revenue 53,218 Budget Carryover 102-0000-3322-00 American Rescue Plan Deferred Revenue 924,662 Budget Carryover 100-0000-3383-00 Measure A Recreation - LA County Measure A Allocation 100,000 Budget Correction 225-0000-3600-00 Proceeds from Grants Grants Fund (4,721,781) Budget Correction 602-0000-3951-00 Vehicle Allocation Internal Service Fees 6,000 Budget Correction 602-0000-3952-00 IT Allocation - Fund 207 Solid Waste Management Internal Service Fees 15,000 Budget Correction 100-0000-3600-00 Public Safety - SMMC Hazard Tree Grant Proceeds from Grants 350,000 09/27/22 Council Action Total Amendments (3,272,901)
Total Amendment Budget $ 86,640,181
Internal Service Funds
Reconciliation of adopted to amended budget
A-5
24 EXPENDITURES BY FUND
December 31, 2022
Adopted Budget Amended
Budget (1) YTD Actual % Spent
2022-23
Projected
General Fund
Management and Administration
7001 City Council $ 773,095 $ 773,095 $ 351,863 45.5% $ 603,727 7002 Media Operations 733,109 733,109 247,376 33.7% 514,752 7003 City Manager 754,872 926,622 349,785 37.7% 886,320 7005 Legal Counsel 1,050,000 1,050,000 376,354 35.8% 752,708 7007 City Clerk 574,966 574,966 126,842 22.1% 268,684
7021 Public Safety Services 11,680,987 12,030,987 4,246,344 35.3% 11,506,804 7054 Finance 1,666,807 1,666,807 705,300 42.3% 1,440,600 7058 Human Resources 696,286 696,286 191,611 27.5% 398,221 7059 Non Departmental Services 3,943,333 3,937,333 1,700,325 43.2% 3,778,811 103-9050 City Hall 954,928 954,928 449,175 47.0% 954,928 9088 Vacant Land 292,675 292,675 6,993 2.4% 292,675
9050/9074/9088 Debt Service (City Hall / Trancas / Vacant Land) 3,187,926 3,187,926 - 0.0% 3,187,926 Total Administrative Services 26,308,984 26,824,734 8,751,968 32.6% 24,586,157 Community Services
4001 General Recreation 863,037 863,037 371,036 43.0% 774,822 4002 Aquatics 400,454 400,454 174,286 43.5% 348,572
4003 Outdoor Recreation 64,894 64,894 22,092 34.0% 44,185 4004 Day Camps 102,969 102,969 63,939 62.1% 127,878
4005 Skate Park 71,535 71,535 35,612 49.8% 71,535
4006 Sports 128,021 128,021 46,282 36.2% 92,563
4007 Community Programs 125,917 125,917 61,923 49.2% 123,845 4008 Senior Adult Programs 200,241 200,241 82,655 41.3% 165,309 4010 Park Maintenance 1,364,489 1,370,489 557,462 40.7% 1,142,924 4011 Special Events 233,030 233,030 69,602 29.9% 142,454 4012 Cultural Arts 246,395 246,395 77,402 31.4% 158,805 Total Community Services 3,800,982 3,806,982 1,562,291 41.0% 3,192,891 Environmental & Sustainability Development
2004 Environmental & Building Safety 3,448,434 3,478,434 1,268,421 36.5% 3,033,118 2010 Wastewater Management 541,427 541,427 252,926 46.7% 520,853 3003 Clean Water Program 1,352,431 1,352,431 307,570 22.7% 720,835 3004 Solid Waste Management - - - 0.0% -
Total Env. & Community Development 5,342,292 5,372,292 1,828,917 34.0% 4,274,806 Planning Deparment
2001 Planning 3,376,366 4,276,366 1,307,564 30.6% 3,620,128 2012 Code Enforcement 649,141 661,141 258,629 39.1% 554,257 Total Planning Department 4,025,507 4,937,507 1,566,193 31.7% 4,174,385 Public Works/Engineering
3001 Street Maintenance 1,193,403 1,287,403 646,948 50.3% 1,322,645 3005 Fleet Operations - 160,000 89,871 0.0% 160,000
3007 City Facilities 126,100 256,100 97,195 38.0% 194,390 3008 Public Works 1,727,864 1,804,418 801,160 44.4% 1,651,570 Total Public Works 3,047,367 3,507,921 1,635,174 46.6% 3,328,605 Disaster Response
3002 Fire Rebuilds and Storm Response 1,564,000 1,614,000 535,604 33.2% 1,614,000 3002-19 COVID-19 Response 97,000 97,000 - 0.0% -
Total Disaster Response 1,661,000 1,711,000 535,604 31.3% 1,614,000 Total General Fund 44,186,132 46,160,436 15,880,147 34.4% 41,170,844 (1) The amended budget column includes the original budget amount plus encumbrance carryovers and any additional appropriations.

A-6
25 EXPENDITURES BY FUND
December 31, 2022
Adopted Budget Amended
Budget (1) YTD Actual % Spent
2022-23
Projected
Special Revenue Funds
3001 Street Maintenance 785,000 785,000 - 0.0% 785,000
3003 Clean Water Program - - - 0.0% -
3004 Solid Waste Management 458,406 458,406 111,580 24.3% 458,406 3005 Fleet Operations 118,633 - - 0.0% -
3007 Stormwater Treatment Facilities 100,000 100,000 - 0.0% 100,000 3008 Public Works 345,000 345,000 - 0.0% 345,000
3009 Transportation Services 165,000 165,000 27,199 16.5% 165,000 4010 Park Maintenance - - - 0.0% -
6002 Big Rock Mesa LMD 384,647 384,647 121,502 31.6% 384,647 6003 Malibu Road LMD 75,016 75,016 14,823 19.8% 75,016
6004 Calle del Barco LMD 81,016 81,016 16,194 20.0% 81,016 9048 Carbon Beach Undergrounding CFD 231,310 231,310 145,575 62.9% 231,310 9052 Broad Beach Undergrounding AD 139,930 139,930 65,248 46.6% 139,930 9049 Civic Center Wastewater Treatment Plant AD 2,319,460 2,319,460 1,831,964 79.0% 2,319,460 7021 Public Safety 155,000 155,000 - 0.0% 155,000
7070 Community Development Block Grant 15,000 15,000 10,484 69.9% 15,000 CCWTF Phase Two - - - 0.0% -
Total Special Revenue Funds 5,373,418 5,254,785 2,344,569 44.6% 5,254,785 Capital Project Funds
310 Capital Improvement Fund
9002 Annual Street Overlay 900,000 900,000 14,484 1.6% 900,000 9059 PCH Median Improvements 4,490,000 4,490,000 10,958 0.2% 4,490,000 9061 Civic Center Way Improvements - - 11,784 0.0% 11,784 9066 PCH Signal Synchronization Imp. 6,555,000 6,555,000 123,958 1.9% 6,555,000 9072 Marie Canyon Green Streets 385,000 385,000 - 0.0% 385,000 9075 CCWTF Phase Two 16,500,000 16,500,000 42,200 0.3% 16,500,000 9082 Westward Beach Road 350,000 350,000 - 0.0% 350,000 9090 Permanent Skate Park 1,066,000 1,066,000 - 0.0% 1,066,000 9093 Bluffs Park Shade Structure 100,000 100,000 54,056 54.1% 100,000 9094 Vehicle Protection Devices City Properties 100,000 100,000 - 0.0% 100,000 9097 Malibu Bluffs Park South Walkway 150,000 150,000 - 0.0% 150,000 9098 Trancas Cyn Park Play Resurfacing 75,000 75,000 - 0.0% 75,000 9100 PCH/Trancas Right Turn Lane 683,219 683,219 68,322 10.0% 683,219 9101 PCH Crosswalk Improvements 200,000 200,000 - 0.0% 200,000 9102 PCH Median Imp at Paradise Cove/Zuma 100,000 100,000 - 0.0% 100,000 9103 Kanan Dume Biofilter 100,000 100,000 - 0.0% 100,000 9104 Stormdrain Trash Screens - Phase Two 35,000 35,000 - 0.0% 35,000 9105 City Traffic Signals Backup Power 30,000 30,000 - 0.0% 30,000 9106 Malibu Canyon Road Traffic Study 50,000 50,000 - 0.0% 50,000 9200 Woolsey Fire & Storm Response CIP 3,211,491 3,267,491 531,816 16.3% 3,267,491 Total Capital Project Funds 35,080,710 35,136,710 857,578 2.4% 35,148,494 Disaster Capital Improvement Projects
A-7
26 EXPENDITURES BY FUND
December 31, 2022
Adopted Budget Amended
Budget (1) YTD Actual % Spent
2022-23
Projected
Legacy Park Project Fund
500 7004 Legacy Park Debt Service 1,091,451 1,091,451 (77,248) -7.1% 1,091,451 7008 Legacy Park Operations 975,783 975,783 295,727 30.3% 975,783 Total Legacy Park Project Fund 2,067,234 2,067,234 218,479 10.6% 2,067,234 Civic Center Wastewater Treatment Facility Fund
515 3010 CCWTF Sewer Services 2,019,699 2,019,699 788,200 39.0% 2,019,699 Total CCWTF Fund 2,019,699 2,019,699 788,200 39.0% 2,019,699 Internal Service Funds
3005 Vehicle 35,367 84,000 28,362 33.8% 84,000
7060 Information Technology 1,006,320 1,006,320 433,772 43.1% 1,006,320 Total Internal Service Funds 1,041,687 1,090,320 462,134 42.4% $ 1,090,320 Total All Funds $ 89,768,880 $ 91,729,184 $ 20,551,107 22.4% $ 86,751,376 (1) The amended budget column includes the original budget amount plus encumbrance carryovers and any additional appropriations.

A-8
27 EXPENDITURES BY FUND
December 31, 2022
Reconciliation of adopted to amended budget
Total 2022-2023 Adopted budget: $ 89,768,880
Account Description Project Amount Comment Date
100-3001-5123-01 Public Works - Storm Drain System Maint Equip Maint/Repairs 76,000 Budget Carryover 7/1/2022 100-3007-7800-00 Public Works - Equipment Equipment Replacement 130,000 Budget Carryover 7/1/2022 100-3008-5100-00 Public Works - Professional Services Engineering Services 76,554 Budget Carryover 7/1/2022 100-3005-7700-00 Public Works - Fleet Operations Equipment/Vehicles 90,000 Budget Carryover 7/1/2022 100-7003-5100-00 City Manager - Professional Services TUT Info Materials 24,900 Council Appropriation 8/8/2022 100-7021-5100-00 Public Safety - Proceeds from Grants Hazard Tree Removal 350,000 Council Action 9/27/2022 100-7003-5100-00 City Manager - Professional Services School Safety Assessmnt 66,000 Council Appropriation 10/24/2022 102-9215-5100-00 Disaster CIP - Professional Services Malibu Rd Drainage Repair 56,000 Council Appropriation 10/24/2022 100-7003-5100-00 City Manager - Professional Services Development Svcs Review 80,850 Council Appropriation 11/28/2022 101-2001-5100-00 Planning Dept - Professional Services Consultant Services 900,000 Council Appropriation 11/28/2022 102-3002-5100-00 Disaster Response - Fire Rebuilds-Planning Consultant Services 50,000 Council Appropriation 11/28/2022 100-3001-8100-00 Public Works - Vehicle Allocation Internal Service Fees 18,000 Budget Correction 12/31/2022 100-4010-8100-00 Parks Maintenance - Vehicle Allocation Internal Service Fees 6,000 Budget Correction 12/31/2022 100-7059-8100-00 Non-departmental - Vehicle Allocation Internal Service Fees (6,000) Budget Correction 12/31/2022 101-2004-8100-00 Building Safety - Vehicle Allocation Internal Service Fees 30,000 Budget Correction 12/31/2022 101-2012-8100-00 Code Enforcement - Vehicle Allocation Internal Service Fees 12,000 Budget Correction 12/31/2022 206-3005-xxxx-00 Air Quality - Fleet Operations AQMD Funding (118,633) Budget Correction 12/31/2022 601-3005-xxxx-00 Vehicle - Fleet Operations Fleet Operations 48,633 Budget Correction 12/31/2022 100-3005-xxxx-00 Vehicle - Fleet Operations Fleet Operations 70,000 Budget Correction 12/31/2022 1,960,304
Total 2022-2023 current amended budget: $ 91,729,184
A-9
28 PROJECTED FUND BALANCES
September 30, 2022
Budget Revenues Expenditures Transfers Fund Balance Non-Current/ Budget Fund Balance Projected Projected Budgeted Projected Unavailable Fund Balance FUND July 1, 2022 6/30/2023 6/30/2023 2022-2023 June 30, 2023 Revenue June 30,2023 General Fund - Undesignated $ 57,378,741 $ 48,219,793 $ 38,658,083 $ (1,256,000) $ 65,684,451 $ - $ 65,684,451 General Fund - Designated for Contingencies 6,500,000 - - - 6,500,000 - 6,500,000 General Fund - Designated for CIPs 325,000 - - (1,513,628) (1,188,628) - (1,188,628) General Fund - SCE Settlement Woolsey Fire 7,041,464 4,338,879 - (414,010) 10,966,333 - 10,966,333 Designated for Deferred Maintenance 1,127,898 - 101,100 - 1,026,798 - 1,026,798 Designated for Case (Crummer) Parcel 368,254 - - (257,372) 110,882 - 110,882 Designated for Water Quality Settlement 57,276 - - - 57,276 - 57,276 Designated for Housing Element Program 194,140 - - - 194,140 - 194,140 Designated for City Facilities - La Paz 500,000 - - - 500,000 - 500,000 Designated for FEMA Disaster Projects 920,138 1,500,000 1,614,000 (2,797,481) (1,991,343) - (1,991,343) Designated for American Rescue Plan - 797,661 797,661 - - - - Total General Fund 74,412,911 54,856,333 41,170,844 (6,238,491) 81,859,909 - 81,859,909 201 Gas Tax Fund 31,062 371,785 325,000 - 77,847 - 77,847 202 Traffic Safety Fund 161,535 200,900 200,000 - 162,435 - 162,435 203 Proposition A Fund 707,409 283,466 165,000 - 825,875 - 825,875 204 Proposition C Fund 101,847 235,468 65,000 (235,000) 37,315 - 37,315 205 Measure R Fund 128,999 177,101 100,000 - 206,100 - 206,100 206 Air Quality Management Fund 133,941 16,800 - - 150,741 - 150,741 207 Solid Waste Management Fund 158,466 142,625 458,406 - (157,315) - (157,315) 208 Parkland Development In-Lieu Fund 125,086 20,500 - - 145,586 - 145,586 209 Quimby Fund 3,848 30 - - 3,878 - 3,878
211 COPS Brulte Grant Fund - 155,000 155,000 - - - -
212 Measure M Fund 339,228 200,448 140,000 (450,000) (50,324) - (50,324) 213 RMRA (SB1) Fund 324,830 289,738 - (515,000) 99,568 - 99,568 214 Art in Public Places In-Lieu Fund 35,849 5,200 - - 41,049 - 41,049 215 Community Development Block Grant Fund - 60,000 15,000 - 45,000 - 45,000 218 Measure W LA County Stormwater 479,253 380,100 100,000 (520,000) 239,353 - 239,353 225 Grants Fund - 11,789,088 300,000 (11,790,003) (300,915) 300,915 - 290 Big Rock LMD 67,241 328,339 384,647 - 10,933 - 10,933 291 Malibu Road LMD 65,078 60,188 75,016 - 50,250 - 50,250 292 Calle Del Barco LMD 72,809 82,318 81,016 - 74,111 - 74,111 712 Carbon Beach Undergrounding CFD 464,282 236,052 231,310 - 469,024 - 469,024 713 Broad Beach Assessment District 241,548 141,720 139,930 - 243,338 - 243,338 715 CCWTF AD Phase One 7,374,762 2,597,519 2,319,460 - 7,652,821 - 7,652,821 517 CCWTF Phase Two (351,328) 16,500,000 - (16,500,000) (351,328) - (351,328) Total Special Revenue Funds 10,665,745 34,274,385 5,254,785 (30,010,003) 9,675,342 300,915 9,976,257 Capital Improvements Fund - - 31,881,003 31,881,003 - - - Capital Improvements Fund - Disaster Projects - - 3,267,491 3,267,491 - - - Total Capital Improvement Funds - - 35,148,494 35,148,494 - - - Legacy Park Project Fund 843,068 1,716,941 2,067,234 (100,000) 392,775 - 392,775 Total Legacy Fund 843,068 1,716,941 2,067,234 (100,000) 392,775 - 392,775 Civic Center Wastewater Treatment Facility 165,210 2,200,000 2,019,699 - 345,511 - 345,511 Total Civic Center Wastewater Treatment Fac. 165,210 2,200,000 2,019,699 - 345,511 - 345,511 Vehicle 170,305 120,000 84,000 - 206,305 - 206,305
Information Technology 215,315 710,000 1,006,320 1,200,000 1,118,995 - 1,118,995 Total Internal Service Funds 385,620 830,000 1,090,320 1,200,000 1,325,300 - 1,325,300 Total All Funds $ 86,472,554 $ 93,877,659 $ 86,751,376 $ - $ 93,598,837 $ 300,915 $ 93,899,752 A-10
29 2022-2023 PROPOSED BUDGET AMENDMENTS
Account Description Amount Detail

REVENUE
TOTAL ADOPTED REVENUE BUDGET $ 86,640,181
100-0000-3111-00 Current Year Secured Property Tax $ 1,360,000 Revised Property Tax projection 100-0000-3133-00 Transient Occupancy Tax - Hotels and Motels 540,000 Increased to reflect higher than anticipated rentals 100-0000-3133-01 Transient Occupancy Tax - Private Rentals 1,000,000 Increased to more accurately reflect short-term rental activity 100-0000-3137-00 Sales and Use Tax 1,950,000 Increased per HDL forecast for sales tax and anticipated TUT 100-0000-3138-00 Parking Occupancy Tax 200,000 Increased use of beach lots 100-0000-3250-00 Parking Citations 467,000 Increased parking citations 100-0000-3431-00 Public Works Project Review Fees 133,000 Increased number of projects in review 101-0000-3203-00 Building Permits 267,000 Increase in permits 101-0000-3408-00 Planning - Biology Review Fees 60,000 Increased number of projects in review 101-0000-3410-00 Building Plan Check Fees 461,000 Increased number of projects in review 101-0000-3412-00 Geo Soils Engineeering Fees 211,000 Increased number of projects in review 101-0000-3414-00 Environmental Health Review Fees 201,000 Increased number of projects in review 101-0000-3418-00 OWTS Operating Permit Fees 121,000 Increase in permits Total General Fund Revenue 6,971,000
207-0000-3600-00 Solid Waste Management - Proceeds from Grants 21,134 SB 1383 Local Assistance Grant Total Solid Waste Management Fund 21,134
Total Proposed Revenue Budget 93,632,315

EXPENDITURES
TOTAL ADOPTED EXPENDITURE BUDGET 91,729,184
Total Adopted General Fund Expenditures 46,160,436
General Fund
100-3001-5120-00 Public Works - Street Maintenance 71,000 Maintenance Yard rent increase 100-3001-5120-00 Public Works - Street Maintenance 33,000 Traffic striping on Las Flores Canyon Road 100-3001-5120-00 Public Works - Street Maintenance 21,000 Point Dume sidewalk repairs 100-3001-5120-00 Public Works - Street Maintenance 10,000 Repair electrical conduit at Malibu Canyon/Civic Center Way 100-3001-5121-01 Public Works - Street Maintenance 10,000 Add'l street sweeping following 2023 storm events 100-3001-5124-00 Public Works - Street Maintenance 20,000 Repairs to signal controller at Malibu Canyon Road 100-3001-7800-00 Public Works - Street Maintenance 112,000 New City trash receptacles 100-4010-5130-00 Park Maintenance Program - Parks Maintenance 25,000 Repairs to park amenities (playgrounds/benches/trashcans) 100-4010-5610-00 Park Maintenance Program - Facilities Maintenance 25,000 Repairs/upgrades to the Charmlee Park residence trailer 100-4010-7300-00 Park Maintenance Program - Leasehold Improvements 15,000 Repairs/upgrades to Bluffs Park staff offices 100-4010-7800-00 Park Maintenance Program - Equipment 30,000 Security upgrades to the Michael Landon Center 100-7021-5100-00 Public Safety - Professional Services 17,681 Everbridge annual contract 100-7021-5100-00 Public Safety - Professional Services 21,000 To recognize actual cost of Oracle Virtual EOC License 100-7021-5100-00 Public Safety - Professional Services 350,000 SMMC Hazard Tree Grant / Newbury Park Tree Services 100-7021-5115-00 Public Safety - LA County Sheriff Services 172,442 To recognize actual cost of Sheriff's contract 100-7021-7800-00 Public Safety - Other Equipment 69,955 Fire Safety Beacon Boxes (additonal purchase of 17 units) 101-2001-4101-00 Planning - Salaries/Overtime 25,000 Increase to staff overtime budget 101-2001-5100-01 Planning - Coastal Development Permit Services 95,000 Biological peer reviews 101-2004-4101-00 Building Safety/Sustainability - Salaries 60,250 Reclassification of administrative employee positions, +1 FTE 101-3003-5100-00 Clean Water Program - Professional Services 150,000 Amendment to Rincon Consultants, Inc. agreement 102-3002-5100-01 Woolsey Fire/Storm Response - Coastal Dev. Permit Srvcs 30,000 Biological peer reviews for Woolsey Fire rebuilds 102-3002-5123-00 Woolsey Fire/Storm Response - Storm Response 300,000 Expenses for 2023 winter storm response Proposed Amended General Fund Expenditures 1,663,328
Special Revenue Fund
207-3004-5850-00 Solid Waste Management - Recycling Supplies 21,134 SB 1383 Local Assistance Grant Proposed Amended Special Revenue Fund Expenditures 21,134 CCWTF Operations Fund
515-3010-5640-00 CCWTF - Equipment Maintenance 20,000 Generator rental (onsite unit failed) Proposed Amended CCWTF Operations Fund Expenditures 20,000 TOTAL PROPOSED AMENDMENTS - ALL FUNDS 1,704,462
TOTAL AMENDED EXPENDITURE BUDGET (all funds) $ 93,433,646 A-11
30 CURRENT EARNINGS MATURITY

ACCOUNT ISSUER TYPE AMOUNT YIELD TO DATE DATE
Cash Operating First Bank Checking 38,754,820 $ N/A N/A Revolving Cash Fund Internal Petty Cash 700 N/A N/A N/A Investments Local Agency Investment Fund (LAIF) State of CA 49,704,819 2.07% 259,656 $ 1 day Investments Wells Fargo Advisors Federal Home Loan 250,000 2.85% 3/14/2023 Investments Wells Fargo Advisors Federal Home Loan 250,000 2.85% 3/15/2023 Investments Wells Fargo Advisors Federal Home Loan 250,000 3.58% 12/6/2023 Investments Wells Fargo Advisors Federal Home Loan 250,000 2.57% 6/19/2024 Investments Wells Fargo Advisors Federal Home Loan 125,000 2.57% 6/27/2024 Investments Wells Fargo Advisors Federal Home Loan 250,000 4.87% 12/9/2024 Investments Wells Fargo Advisors Federal Home Loan 200,000 2.16% 3/24/2025 Investments Wells Fargo Advisors Federal Home Loan 250,000 4.90% 12/2/2025 Investments Wells Fargo Advisors Federal Home Loan 200,000 2.16% 3/18/2026 Investments Wells Fargo Advisors Federal Home Loan 250,000 1.25% 10/29/2026 Investments Wells Fargo Advisors Federal Home Loan 200,000 4.88% 11/16/2026 Investments Wells Fargo Advisors Federal Home Loan 250,000 1.31% 12/8/2026 Investments Wells Fargo Advisors Federal Home Loan 250,000 2.26% 12/27/2027 TOTAL CASH AND INVESTMENTS 91,435,339 $ 259,656 $
In compliance with Government Code Section 53646, the Treasurer hereby certifies that sufficient cash and anticipated revenues are available to meet the City's expenditure requirements for the next six months, and further, that all investments comply with the City Council's approved investment ordinances.

Prepared by:

Renée Neermann, Finance Manager Date
Reviewed by: Ruth F. Quinto, City Treasurer Date

CITY OF MALIBU

CITY TREASURER'S CASH AND INVESTMENTS REPORT
FOR THE QUARTER ENDING DECEMBER 31, 2022
01/27/2023
01/27/2023
A-12
31 2022-23 2022-23
Adopted Amended

MANAGEMENT & ADMINISTRATIVE SERVICES
City Manager 1.00 1.00
Assistant City Manager 1.00 1.00
Deputy City Manager 1.00 1.00
Public Safety Director 1.00 1.00
Public Safety Manager 0.00 0.00
Fire Safety Liaison 1.50 1.50
Public Safety Liaison 1.00 1.00
Emergency Services Coordinator 1.00 1.00
Public Safety Specialist 0.00 0.00
Assistant to the City Manager 0.00 0.00
Executive Assistant 1.00 1.00
City Clerk 1.00 1.00
Assistant City Clerk 0.00 1.00
Deputy City Clerk 2.00 1.00
Human Resources Manager 1.00 1.00
Human Resources Analyst 1.00 1.00
Human Resources Technician 1.00 1.00
Media Information Officer 1.00 1.00
Media Analyst 1.00 1.00
Media Technician 1.00 1.00
Graphic Artist 1.00 1.00
Finance Manager 1.00 1.00
Financial Analyst 0.00 1.00
Grants Analyst 1.00 1.00
Accounting Technician 1.00 0.00
Sr. Accounting Clerk 1.00 1.00
Accounting Clerk 1.00 1.00
Information Systems Manager 1.00 1.00
Information Systems Analyst 1.00 1.00
Information Systems Technician 1.00 1.00
Sr. PW Maintenance Worker 1.00 1.00
Sr. Office Assistant 1.00 0.00
Office Assistant 0.00 0.00
Office Assistant/Receptionist 1.00 2.00
Total 29.50 29.50

CITY OF MALIBU

AUTHORIZED PERSONNEL
PROPOSED FOR FY 2022-2023
A-13 32
Classification Salary Range
City Manager
Assistant City Manager 173,280 226,089
Deputy City Manager 170,021 221,839
Environmental Sustainability Director/Building Official 165,067 215,376 Public Works Director/City Engineer 165,067 215,376
Community Services Director 153,460 200,231
Planning Director 153,460 200,231
Public Safety Director 153,460 200,231
Assistant Public Works Director/Asst City Engineer 132,571 172,974 Community Services Deputy Director 132,571 172,974
Environmental Sustainability Manager/Dep Building Official 132,571 172,974 Assistant Planning Director 132,571 172,974
Finance/Accounting Manager 129,335 168,752
City Clerk 120,240 156,885
Permit Services Manager 120,240 156,885
Senior Civil Engineer 120,240 156,885
Environmental Programs Manager 116,865 152,481
Public Safety Manager 116,858 152,474
Public Works Superintendent 116,858 152,474
Code Enforcement Manager 114,517 149,420
Development and Operations Manager 114,517 149,420
Information Systems Manager 114,517 149,420
Associate Civil Engineer 103,864 135,519
Environmental Health Administrator 103,864 135,519
Human Resources Manager 103,864 135,519
Information Systems Administrator 103,864 135,519
Principal Planner 103,864 135,519
Assistant to the City Manager 99,348 129,628
Assistant City Clerk 99,348 129,628
Senior Planner 99,348 129,628
Recreation Manager 97,394 127,077
Certified Plans Examiner 94,622 123,462
Senior Environmental Programs Coordinator 94,622 123,462 Senior Administrative Analyst 91,906 119,916
Supervising Building Inspector 91,906 119,916
Assistant Civil Engineer 89,727 117,075
Executive Assistant 87,227 113,811
Environmental Programs Coordinator 85,451 111,494
Environmental Sustainability Analyst 85,451 111,494
Financial Analyst 85,451 111,494
Associate Planner 85,255 111,239
Fire Safety Liaison 84,687 110,497
Public Safety Liaison 84,687 110,497
Media Information Officer 84,687 110,497
Recreation Supervisor 84,687 110,497
Parks Supervisor 83,519 108,975
Senior Building Inspector 83,366 108,773
Senior Code Enforcement Officer 83,365 108,772
Senior Public Works Inspector 83,261 108,637

CITY OF MALIBU AUTHORIZED POSITIONS AND SALARY RANGES
FY 2022-2023
248,000
A-14 33
Emergency Services Coordinator 81,777 106,700
Administrative Analyst 79,394 103,591
Grants Analyst 79,394 103,591
Human Resources Analyst 79,394 103,591
Information Systems Analyst 79,394 103,591
Media Analyst 79,394 103,591
Senior Accounting Technician 75,124 98,021
Principal Permit Technician 73,644 96,089
Senior Recreation Coordinator 73,644 96,089
Assistant Planner 72,664 94,810
Building Inspector 72,021 93,971
Code Enforcement Officer 72,021 93,971
Deputy City Clerk 72,021 93,971
Environmental Programs Specialist 71,662 93,502
Wastewater Management Program Specialist 71,662 93,502
Public Works Inspector 70,299 91,725
Senior Parks Maintenance Worker 69,725 90,977
Planning Technician 68,593 89,500
Senior Administrative Assistant 68,593 89,500
Senior Media Technician 68,593 89,500
Senior Permit Services Technician 68,593 89,500
Senior Public Works Maintenance Worker 68,593 89,500
Recreation Coordinator 66,952 87,358
Accounting Technician 65,327 85,238
Human Resources Technician 64,845 84,609
Administrative Assistant 60,310 78,689
Parks Maintenance Worker 60,310 78,689
Public Works Maintenance Worker 60,310 78,689
Information Systems Technician 59,246 77,302
Graphic Artist 59,246 77,302
Media Technician 59,246 77,302
Permit Services Technician 59,246 77,302
Records Management Specialist 56,625 73,882
Public Safety Specialist 56,625 73,882
Wastewater Management Program Analyst 56,481 73,694
Senior Accounting Clerk 55,079 71,866
Senior Office Assistant 52,469 68,461
Accounting Clerk 51,580 67,301 Office Assistant 45,315 59,124 Pool Manager 40,092 52,311
Part-Time Positions - Hourly Rates
Fire Safety Liaison (Part-time) 40.72 53.15
Recreation Assistants I (Part-time) 16.88 22.02
Recreation Assistants II (Part-time) 20.03 26.15
Media Assistant (Part-time) 20.03 26.15
Office Assistant (Part-time) 18.40 24.01
Parks Maintenance Assistant (Part-time) 16.88 22.02
Pool Manager (Part-time) 19.29 25.16
Lifeguards (Part-time) 16.88 22.02
Intern (Part-time) 16.88 22.02
Student Intern 16.11 21.01
A-15 34
2022-23 2022-23
Adopted Amended

CITY OF MALIBU

AUTHORIZED PERSONNEL
PROPOSED FOR FY 2022-2023

ENVIRONMENTAL SUSTAINABILITY
ESD Director/Building Official 1.00 1.00
ESD Manager/Deputy Building Official 0.00 0.00
Senior Civil Engineer 1.00 1.00
Associate Civil Engineer 1.00 1.00
Supervising Inspector 1.00 1.00
Sr. Building Inspector 1.00 1.00
Building Inspector 2.00 2.00
Principal Permit Technician 1.00 1.00
Sr. Permit Services Technician 1.00 1.00
Permit Services Technician 2.00 2.00
Environmental Health Administrator 1.00 1.00
Wastewater Man. Program Specialist 1.00 1.00
Environmental Programs Manager 1.00 1.00
Senior Environmental Programs Coordinator 1.00 1.00
Environmental Program Coordinator 1.00 1.00
Environmental Sustainability Analyst 1.00 1.00
Administrative Analyst 0.00 0.00
Senior Administrative Assistant 0.00 1.00
Administrative Assistant 1.00 1.00
Senior Office Assistant 0.00 1.00
Office Assistant 2.00 1.00
Total 20.00 21.00

PLANNING DEPARTMENT
Planning Director 1.00 1.00
Assistant Planning Director 1.00 1.00
Development Services Manager 1.00 1.00
Principal Planner 1.00 1.00
Senior Planner 2.00 3.00
Associate Planner 3.00 2.00
Assistant Planner 4.00 3.00
Planning Technician 4.00 5.00
Code Enforcement Manager 1.00 1.00
Senior Code Enforcement Officer 1.00 1.00
Code Enforcement Officer 2.00 2.00
Senior Administrative Analyst 0.00 0.00
Administrative Assistant 2.00 2.00
Senior Office Assistant 0.00 0.00
Office Assistant 2.00 2.00
Planning Intern (Two Half-time) 1.00 1.00
Total 26.00 26.00
A-16 35
2022-23 2022-23
Adopted Amended

CITY OF MALIBU

AUTHORIZED PERSONNEL
PROPOSED FOR FY 2022-2023

PUBLIC WORKS
Public Works Director/City Engineer 1.00 1.00
Assistant Public Works Director/City Engineer 1.00 1.00 Public Works Superintendent 2.00 2.00
Senior Civil Engineer 1.00 1.00
Associate Civil Engineer 2.00 1.00
Assistant Civil Engineer 2.00 3.00
Public Works Inspector 1.00 1.00
Sr. Administrative Assistant 1.00 1.00
Administrative Assistant 1.00 1.00
Total 12.00 12.00

COMMUNITY SERVICES
Community Services Director 1.00 1.00
Community Services Deputy Director 1.00 1.00
Recreation Manager 1.00 1.00
Recreation Supervisor 1.00 1.00
Recreation Coordinator 3.00 3.00
Parks Supervisor 1.00 1.00
Senior Parks Maintenance Worker 1.00 1.00
Parks Maintenance Worker 0.00 0.00
Administrative Assistant 1.00 1.00
Pool Manager (Part-time) 1.12 1.12
Lifeguards (Part-time) 2.51 2.51
Recreation Assistants (Part-time) 9.16 9.16
Recreation Assistants - Skate Park (Part-time) 0.22 0.22 Media Assistant (Part-time) 0.26 0.26
Total 23.27 23.27
TOTAL EMPLOYEES 110.77 111.77
A-17 36
FISCAL YEAR 2022‐2023

WORK PLAN

TITLE DEPT NARRATIVE SECOND QUARTER UPDATE

1. PUBLIC SAFETY

1.a. Response to COVID‐19 All Staff continues to implement public health protocols at City Hall and respond to staff concerns regarding
exposure to COVID and confirmed or suspected cases
of COVID. The City has adapted the way it provides
services and will continue to do so in a safe manner.

Staff will continue to monitor new policies and
regulations that impact the Malibu community and
respond accordingly, including providing regular
updates to the community. The City will also continue
to host vaccination and testing events as needed.

PL ‐ Staff continued to fine tune the online submittal
portal process to make it more user‐friendly to
applicants including updating template emails. Over
545 applications have been initiated via the online
portal since its inception and over 2,500 documents
have been uploaded digitally.

1.b. Law Enforcement Services PS/MS The Los Angeles County Sheriff’s Department provides law enforcement services. However, staff works
regularly with the Sheriff’s Department to address
community safety concerns. Staff also reviews the
Sheriff’s regular patrol contract as well as Summer
Beach Team services and provides recommendations
for changes as needed.

PS ‐ Staff continues to coordinate with the Sheriff's
Department to address issues related to people
experiencing homelessness, as well as attending
planning meetings for the opening of the Sheriff's
Substation. Staff participated in a tour of Beverly Hills Police Department to learn about innovative strategies
that they are implementing using drones.

MS ‐ Staff have had ongoing discussions on potential
staffing models and plan to recommend to the City
Council in January that an Ad Hoc Committee be
formed to review options.

1.c. Public Safety Operations ‐
Emergency Preparedness
PS/MS Emergency preparedness efforts include outreach to the community, schools and businesses, as well as
maintenance of seven emergency supply bins. If COVID
conditions permit, staff will hold a Public Safety Expo as well as public education workshops during National
Preparedness Month.

PS ‐ Staff scheduled the Public Safety Expo for June 10 and began reaching out to participants.

1.d. Public Safety Operations ‐
Emergency Planning and Training
PS/MS Emergency Planning and training includes the
development of emergency plans, training City staff
and working with outside agencies to coordinate
response operations. Staff plans to hold one functional exercise in the City’s EOC and one table top exercise
with local response partners. City staff will also
participate in the required Standard Emergency
Management Systems (SEMS) and National Incident
Management Systems (NIMS) trainings, as well as
monthly training and exercises on the virtual
Emergency Operations Center (EOC) system that was
established in 2020. Also, the City’s current Emergency Operations Plan was completed in 2018 and adopted in
February 2019. Since emergency plans need to be
updated every five years, staff will start the process of identifying a consultant to assist with this in Spring
2023.

PS ‐ Staff continued to work with CPARS consulting to
design a multi‐agency table top exercise with an
earthquake scenario that impacts infrastructure in
Malibu. The exercise will be held in January 2023. Staff also issued a Request for Proposals to hire a consultant group to assist staff in a comprehensive update of the
City's Emergency Operations Plan. Lastly, to serve as
both training and preparedness, staff set up the
Emergency Operations Center each time a Red Flag
weather warning was issued.

ATTACHMENT 4
37 FISCAL YEAR 2022‐2023

WORK PLAN

TITLE DEPT NARRATIVE SECOND QUARTER UPDATE

1.e. Public Safety Operations ‐ Radio
Communications Enhancement
PS/MS The City has a radio repeater tower which was
established to expand and improve handheld radio
capabilities. Expansion and refinement of this system
will continue, along with weekly radio checks with CERT volunteers and City staff. In addition, staff continues to support local public radio broadcast reception, which is critical to emergency communication. The effectiveness
of a future emergency siren system depends on a
reliable radio broadcast station to provide emergency
information. Additional radio enhancements will also
be explored to maximize the reach of the frequency.

PS ‐ Staff supported the CERT Team in acquiring
satellite internet capabilities for three of the City's emergency bins. This will enable CERT Team members
to communicate with the City EOC, and members of the
public who come to the bins will be able to connect to
the internet via wifi.

1.f. Public Safety Operations ‐
Volunteers on Patrol (VOP)
PS/MS The City’s robust VOP program provides a valuable service to the Malibu community. The VOP provide
traffic control, issue parking citations, and monitor for code enforcement issues and general safety matters.

Staff will continue to enhance and improve this
program and services throughout Fiscal Year 2022‐
2023.

PS ‐ Staff continues to support the VOPs and facilitate the acquisition of another vehicle. The signed Bailment Agreement for the vehicle was provided to the County
in December.

1.g. Public Safety Operations ‐ Alert and
Warning Systems
PS/MS The City has a variety of tools to warn the public about emergency situations, including the City website’s e‐
notification system, Nixle alerts, emergency hotline, the Everbridge disaster mass notification system, and FEMA‐ authorized Wireless Emergency Alerts (WEA), which go
out to all cell phones within range of a specified cell tower. Staff also regularly utilizes the Traffic Advisory and Utility Advisory sections of the website e‐
notification system to notify residents of traffic issues and power or water service interruptions in the Malibu
area. Staff conducts the required monthly tests of the
WEA system and regularly tests other systems as
appropriate. Lastly, staff plans to work with the County Office of Emergency Management to promote NOAA
radio fire alerts and implement a county sponsored
program to provide free NOAA radios to vulnerable
community members. Staff will continue to use these
tools and identify additional communication tools in
Fiscal Year 2022‐23.

PS ‐ To address duplication of effort, over saturation of messages and to clarify when alerts should be sent and
with which platform to use, staff drafted an updated
alerting policy that is now in review.

1.h. Emergency Warning Sirens ‐ Design
and Construction

PS/MS/PL/P
W
In November 2020, the Council directed staff to pursue
emergency warning sirens. In February 2021, staff
secured a Hazard Mitigation Grant to complete the
engineering and design phase of the project.

PS ‐ Staff met with the consultant to discuss siren
options. Key considerations include pole height and
mobile vs. fixed.

PW ‐ Preliminary locations are being evaluated

1.i. Public Safety Operations ‐
Community Emergency Response
Team (CERT)
PS/MS The Community Emergency Response Team (CERT)
program includes providing CERT training to residents
and supporting the Malibu CERT Team. At least three
CERT training classes and one CERT refresher course
are normally scheduled each year. Due to COVID‐19
restrictions, CERT classes were put on hold and
resumed CERT classes in Spring 2022. The Malibu CERT
Team supports public safety staff in implementing a
variety of preparedness projects, including the
maintenance of six emergency supply bins and
overseeing the expansion a handheld radio system, and
providing assistance during disasters.

PS ‐ The CERT Team held three meetings. Staff is
preparing to resume regular in‐person classes in 2023.

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1.j. Public Safety Operations ‐ Wildfire
Safety Program
PS/MS The Fire Safety Liaisons oversee the Wildfire Safety Program, which includes developing and implementing
wildfire prevention and preparedness plans, conducting
Home Ignition Zone Assessments to encourage
effective home hardening, conducting wildfire safety
public education, and implementing the Community
Wildfire Protection Plan.

PS ‐ The Fire Safety Liaisons began implementing phase
two of the Hazard Tree Removal program after
receiving an additional grant. In addition, they finished validating all of the maps for the Beacon Boxes and
installed 11 more Boxes.

1.k. Public Safety Operations ‐
Homelessness Outreach and
Services
PS/MS In coordination with the Los Angeles County Sheriff’s Department, The People Concern and the Outreach
Coordinator that serves the Las Virgenes‐Malibu
Council of Governments (COG), Public Safety staff
continue to work on solutions to assist the City’s
homeless population and connect them with housing
and services. Staff also works with the Homelessness
Task Force and the Homelessness Working Group to
develop short and long term solutions.

PS ‐ Staff worked daily with The People Concern (TPC)
Outreach Team to assist individuals experiencing
homelessness. TPC was able to move 17 people off of
the streets and into temporary or permanent housing.

1.l. Homelessness Shelter and Safe
Parking Program
PS/MS In March 2022, the Council reviewed the Homelessness Task Force's Draft Alternative Sleeping Location
Recommended Action Plan and directed the Task Force
to pursue the primary plan outlined in the staff report with non‐city funding sources and report back to the
City Council after investigation. Staff will continue to work on this in Fiscal Year 2022‐23.

PS ‐ Staff received one response to the RFP for three
beds, which was from The People Concern.

Subsequently, staff was able to secure a grant through
the Las Virgenes‐Malibu COG to pay for the beds. The
contract is being managed by the COG and is currently
being processed.

1.m. Homelessness Encampment
Management
PS/MS Public Safety staff regularly respond to community concerns regarding encampments. Staff coordinates
with the Homeless Outreach Team, the Sheriff's
Department and property owners to clear
encampments from public and private property. Staff
also conducts regular field checks to identify new
encampments and monitor existing encampments that
are in the process of being cleared.

PS ‐ Staff worked with LASD and the Malibu outreach
team to clear four encampments during this period and
conducted routine field checks to ensure new
encampments wouldn’t be established, particularly
during red flag events.

1.n. Oversight of SCE Annual Vegetation
Maintenance Program
PL This task involves staff working with the City’s contract arborist to monitor and coordinate with Southern
California Edison (SCE) and its contractors on the
implementation of SCE’s annual vegetation
management program, which occurs in the spring, and
the drought resolution initiative, which involves
removal of drought‐damaged trees. Staff’s focus is
ensuring native trees and ESHA are protected
concurrently with these fire hazard reduction
programs.

PL ‐ Since nearly all of the tree removals and trimming related to the fire have been completed after the
Woolsey Fire a revised letter of agreement between
the City and SCE regarding the City's expectation
regarding the continued removal of dead and
hazardous trees in the City will be presented to City
Council in Q3 as well. Lastly, as part of the newly
established entitlement process, the City has process
six applications from SCE to remove trees.

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1.o. Annual Day of Preparedness ‐
November 9
PS/CS/MS To honor all those who responded to the Woolsey Fire, the City Council declared November 9 as the City’s
Annual Day of Preparedness with the first celebration
held in 2019. A community event with a preparedness
theme will be held on that day in 2022.

PS ‐ A Proclamation was prepared for the October 24th
City Council meeting and the media team posted
messaging encouraging people to take preparedness
actions.

1.p. Impound Yard PS During the summer months, the Sheriff and the City tow illegally‐parked vehicles that pose a hazard to
public safety. Currently, the City's zoning ordinance
only address tow yards and vehicle storage and not day‐ use impound lots. Staff is working with the Public
PS ‐ Staff provided School District staff with a proposal to have the summer impound yard at one of the
parking lots at Malibu High School. District staff
indicated that they can make this proposal work.

PL ‐ On 11/14/22, in collaboration with the Public

1.q. Monitoring LA County Low‐Impact
Camping Local Coastal Program
Amendment
PS/MS/PL The County of Los Angeles is proposing a Local Coastal Plan amendment to allow low‐impact camping in
Environmental Sensitive Habitat. the amendment
requires final approval by County Board of Supervisors
followed by certification by the California Coastal
Commission. In 2019, the City Council previously
submitted a letter of opposition to the Board of
Supervisors. Staff will monitor the progress of the LCP amendment.

PL ‐ In Q2, City staff and the Planning Consultant have continued to monitor this LCPA. CCC staff has advised
the City that the County has submitted the County‐
adopted amendments for Executive Director
Determination.  The next step is for the Executive
Director to review the County’s November 15, 2022
action to determine if their action was legally adequate to meet the Commission’s conditional certification
requirements. CCC staff advised the City that Executive Director determinations are no longer subject to any
required concurrence or approval by the Commission
but are simply being reported to the Commission. The
County acceptance of the suggested modification will
be reported to the Coastal Commission at the February
Commission’s meeting

1.r. KnoxBox Education Campaign PS On 9/27/2022, the City Council approved a KnoxBox campaign, which would provide Los Angeles County
Sheriff Deputies access to gated communities through
the installation of KnoxBox emergency key systems
PS ‐ Public Safety staff worked with The Knox Company
to develop educational material as part of the Knox Box Community Education Campaign recommended by the
Public Safety Commission to the City Council. The
material has been shared in the local newspaper and
regularly on the City’s social media channels.

1.s. Public Safety Operations ‐
Emergency Operations Center (EOC)
Maintenance
PS/MS The City's Emergency Operations Center, located in the Multipurpose Room, need regular maintenance,
including updating computer, printers and other
equipment, as well as updating check lists and phone
lists.

PS ‐ Staff re‐organized the supplies in the EOC and
loaded new laptops with the required forms and
emergency planning documents. Then to test the
changes, the EOC was set up several times during Red
Flag events.

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1.t. Public Safety Operations ‐
Encampment Management
PS/CS In coordination with the Sheriff's Department and homeless outreach, staff regularly clears encampments
on public and private property
PS ‐ Staff worked with LASD and the Malibu outreach
team to clear four encampments during this period and
conducted routine field checks to ensure new
encampments wouldn’t be established, particularly
during red flag events. CS – Staff continues to monitor and evaluate parks daily and reports encampments to
the Public Safety Department.

1.u. Public Safety Operations ‐ Respond
to Public Safety Concerns
PS Staff regularly receives tips from the public regarding a variety of public safety concerns. Staff coordinates with the appropriate department or agency to address the
concern.

PS ‐ Staff continues to respond to a variety of safety
concerns.

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2. WOOLSEY FIRE RECOVERY

2.a. Community Rebuilding All All City departments have been and will continue facilitating the rebuilding of homes damaged in the
Woolsey Fire. In Fiscal Year 2022‐23, staff will continue to work on the rebuilding effort. Rebuilding homes
remains a high priority.

ESD: In‐house ESD staff levels remain consistent to
ensure staff is available for the expected project
submittals. In this quarter, there were 89 Woolsey plan reviews submitted and 142 Woolsey Fire permits of all
types (Building, Plumbing, Electrical and Mechanical).

There were 927 Woolsey Fire inspections.

PL ‐ Woolsey Fire rebuild applications activity remain
high. The newer applications are for more complex
rebuilds requiring additional staff time. In Q2, 20
applications were submitted for fire rebuilds and 25
decisions were issued. Currently, staff has over 100
rebuild applications pending review, 4 appeals to be
processed, 544 applications undergoing post‐approval
compliance or under construction, and 37 pre‐
submittals pending intake. Staff continues to monitor
the fee waiver program and rebuild statistics posted
online.

2.b. Community Development Block
Grant ‐ Disaster Recovery
Multifamily Housing Program
MS/PL On March 8, 2021, Council approved the allocation of $18,602,848 in Community Development Block Grant
(CDBG) Disaster Recovery funding administered by the
California Department of Housing and Community
Development (HCD). In December 2021, the grant
agreement with HCD was fully executed. Staff has been
working with HCD to develop a Notice Inviting Interest
for affordable housing developers. In Fiscal Year 2022‐ 23, depending on the interest received, staff will work with HCD to prepare a solicitation package for potential developers interested in receiving gap funding for the
construction or reconstruction of eligible multifamily
affordable housing units. The City will need to hire a
consultant to administer this program. Consultant costs are eligible for reimbursement if the program
successfully delivers an affordable housing unit. If
housing projects are awarded funding under this
program, the City must monitor the projects for
compliance with federal and State guidelines, including environmental, construction and affordability
regulations which may remain in effect for up to 25
years.

MS ‐ Staff had additional discussions with HCD during
Q2 about the concerns with meeting deliverables and
the timelines.  HCD is working with HUD to see about
extending the timeline for Malibu.  The City is waiting to receive further updates.

PL ‐ No update.

2.c. Latigo Canyon Road
Roadway/Retaining Wall
Improvements
PW This project consists of repairing the roadway and
existing timber retaining walls on Latigo Canyon Road
that were damaged by the Woolsey Fire.

Still waiting for FEMA's review to be completed
regarding the material changes.

2.d. Trancas Canyon Park Slope
Improvements
PW/CS The project consists of repairing damages to the
existing slope east of Trancas Canyon Park due to the
Woolsey Fire. The fire caused stability issues from soil and rock erosion and damages to the existing concrete
drainage facilities.

PW ‐ Project design is at 90%  This project is anticipated to bid/construction in Q3/4.

2.e. Trancas Canyon Park Planting and
Irrigation Improvements
PW/CS This project consists of repairing the planting and irrigation system that was destroyed by the Woolsey
Fire.

PW ‐ Project design is at 90%  This project is anticipated to bid/construction in Q3/4.

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2.f. Birdview Avenue Road Embankment
Improvements
PW This project consists of repairs to roadway
embankment cut slopes located on Birdview Avenue
that have eroded due to severe storm events after the
Woolsey Fire that caused mud, debris, and rock flow
within the adjacent street.

2.g. Broad Beach Road Water Quality
Improvements
PW The City owns over 800 feet of permeable pavers,
landscaping and underground biofiltration devices on
Broad Beach Road that were damaged by silts, mud
and debris caused by storms in 2019. These items are
permanent best management devices required to
comply with the City's MS4 NPDES Stormwater Water
Quality Permit. This project consists of repairing the
permeable pavers, replacing media material in the
biofilters, and replacing damaged landscaping.

Project completed

2.h. Encinal Canyon Road Drainage
Improvements
PW This project is located on Encinal Canyon Road where minor erosion areas and storm drain lines were
damaged by the severe storms that followed the
Woolsey Fire. The project will consist of repairing the erosion areas and damaged storm drain lines
Project was bid during this quarter.  Construction is
estimated in Q3/4.

2.i. Malibu Park Storm Drain
Improvements
PW Multiple storm drains throughout the Malibu Park area and on Birdview Avenue have sustained substantial
damages. These damages occurred during the 2019
rainy season that brought heavy debris and localized
flooding from the surrounding burned areas of the
Woolsey Fire. The drainage structures, slopes and
roadways will be repaired within the identified project locations.

2.j. Clover Heights Storm Drain
Improvements Project
PW/PL After the Woolsey Fire, the City experienced heavy rains in 2019 causing damage to the drainage system
on Clover Heights Avenue. The City received grant
funding through the FEMA Hazard Mitigation Grant
Program for design and construction to install a new
storm drain line on Clover Heights Avenue.

PW ‐ Design is currently at 65%.

2.k. Westward Beach Road Shoulder
Repairs
PW/PL This project consists of repairing the shoulder on Westward Beach Road that was damaged during the
2019 rainy season following the Woolsey Fire.

PW ‐ This project is anticipated to start in Q3.

2.l. Storm Drain Master Plan PW After the Woolsey Fire, the City experienced storm damage throughout areas affected by the fire. The City
received grant funding through the FEMA Hazard
Mitigation Grant Program for the development of a
Storm Drain Master Plan. This master plan will assist
the City in future planning of infrastructure
improvements to reduce storm damage.

The consultant is 90% complete on the master plan.  It
is anticipated that this plan will be completed in Q3.

2.m. Malibu Road Slope Repairs PW After the Woolsey Fire, the City experienced heavy rains that caused damage to the existing slope and
roadway shoulder area adjacent to 24712 Malibu Road.

This project consists of repairing the existing slope and shoulder area.

Project was bid during this quarter.  Construction is
estimated in Q3/4.

2.n. Corral Canyon Road Stabilization
Projects
PW This project consists of constructing a new drainage outlet and a rock slope protection system outlet.

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2.o. Point Dume Walkway Repairs PW This project consists of repairs to walkways damaged in the Point Dume neighborhood as a result of the
Woolsey Fire.

Construction is completed.

3. SCHOOL DISTRICT

SEPARATION

3.a. School District Separation MS In 2017, the City sent a letter to the Los Angeles County Office of Education (LACOE) officially submitting its
petition for the unification of a new Malibu Unified
School District (MUSD). In 2018, the City asked LACOE
to accept and temporarily suspend the City’s petition
pending the outcome of negotiation efforts between
the City and the Santa Monica‐Malibu Unified School
District (SM‐MUSD). The Council directed the City
Manager and City Attorney to pursue negotiations with
SM‐MUSD under the guidance of the City Council
School District Separation Ad Hoc Committee. On
October 12, 2021, in response to the stalled
negotiations, the Council directed staff to resubmit the City’s petition to LACOE for the formation of an
independent MUSD. The LACOE County Committee on
School District Organization (County Committee) held a
Preliminary Hearing on the City’s petition in April 2021 and voted in September 2021 to move the City's
petition into the regular petition process. In January
2022, the City submitted its feasibility report to the
County Committee. In February 2022, the City
requested that the County Committee delay its
consideration of the City's petition to allow time for the City and SM‐MUSD to work with a meditator. The
County Committee voted to delay its review and the
City has been in mediation with SM‐MUSD. If the
petition continues through the local and State process, dd l d ll b d ld
Mediation efforts are ongoing.

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4. PRESERVE MALIBU'S RURAL

RESIDENTIAL CHARACTER

4.a. Accessory Dwelling Unit (ADU)
Ordinance
PL In September 2018, the Planning Commission held a
public hearing on this item, provided its
recommendation on the draft ordinance, and directed
staff to come back with a final recommendation. In
Fiscal Year 2019‐2020, the Planning Commission
hearing on the updated draft ordinance was postponed
in order to address changes in State law that became
effective January 1, 2020. During Fiscal Year 2020‐2021, staff incorporated the guidance received from the
California Coastal Commission (CCC) and State into a
draft ordinance which will be presented to the Planning Commission and City Council. In Fiscal Year 2021‐2022,
the City received a Local Early Action Planning (LEAP)
grant to implement technological improvements to
streamline the ADU permit application process. In Fiscal Year 2022‐23, staff will submit the Local Coastal
Program Amendment (LCPA) to the CCC for certification
and monitor the progress of the LCPA review by the
CCC. Staff will also administer and implement the LEAP
grant.

PL ‐ The Planning Commission hearing was delayed to
allow newly‐appointed Commissioners as a result of
the eleciton to consider the ADU. The hearing is
scheduled for March 6, 2023.

4.b. Short‐Term Rental (STR) "Home‐
Sharing" Ordinance and LCPA
PL/MS In February 2018, the City contracted with Host
Compliance, LLC to provide consulting and software
services related to STR permitting, compliance
monitoring and enforcement in anticipation of the
adoption of an STR ordinance. In September 2018,
Council directed staff to provide additional information regarding options for a ban on STR, including the
financial implications and processing of a Local Coastal Program (LCP) amendment (LCPA). A financial
consultant was contracted to provide analysis of the
financial impacts of an STR ban. In December 2019,
Council directed staff to prepare an ordinance similar
to Santa Monica's home‐share ordinance and initiate
the necessary LCPA. In November 2020, the City Council
adopted Ordinance No. 472 the Hosted STR. In Fiscal
Year 2020‐21, the City submitted the LCPA to the CCC
and responded to the CCC's comments which required
extensive data collection and further analysis of the
proposed LCPA. In Fiscal Year 2021‐22, the CCC deemed
the City's application complete and in September 2021,
the CCC granted itself a one‐year extension to process
the LCPA (June 29, 2022). In Fiscal Year 2022‐23, staff will return with the CCC's proposed changes for Council consideration. At that point, the Council will have two options: 1) adopt the proposed changes; or 2) not act
on the proposed changes and within six months, the
LCPA will expire. If the Council adopts the proposed
h d h fd bl
PL ‐ On 1/9/2023, the City Council directed staff to
meet with the California Coastal Commission staff to
discuss the Short‐term Rental Ordinance.  In addition,
the Council created a Short‐Term Rental Ad Hoc
Committee, comprised of Mayor Silverstein and
Councilmember Riggins, to work with staff in the
preparation of a new STR LCPA.  At this time, staff is
coordinating the first meeting with the Ad Hoc
Committee.

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4.c. Parking as a Stand‐Alone Use PL In May 2017, Council adopted a resolution initiating a Zoning Text Amendment (ZTA)/LCPA to allow
commercial parking facilities as a stand‐alone use. In
Fiscal Year 2019‐2020, this item was presented to the
Zoning Ordinance Revisions and Code Enforcement
Subcommittee (ZORACES), the Planning Commission,
and the City Council. At the November 2020 City
Council meeting, the Council provided staff with
additional guidance and requested that staff return
with an amended ordinance. On May 13, 2021,
Ordinance No. 475 was presented to the City Council,
and the Council declined to adopt the ordinance.

Council directed staff to take an item to the Zoning
Ordinance Revisions and Code Enforcement
Subcommittee (ZORACES) to develop a plan for the
Triangle parcel to be brought back to Council for
approval.

In May 2017, Council adopted a resolution initiating a
Zoning Text Amendment (ZTA)/LCPA to allow
commercial parking facilities as a stand‐alone use. In
Fiscal Year 2019‐2020, this item was presented to the
Zoning Ordinance Revisions and Code Enforcement
Subcommittee (ZORACES),  Planning Commission, and
City Council. At its November 2020 meeting, the Council provided staff with additional guidance and requested
that staff return with an amended ordinance. On May
13, 2021, Ordinance No. 475 was presented to the City
Council, and the Council declined to adopt the
ordinance. Council directed staff to take an item to
ZORACES to develop a plan for the Triangle parcel to be brought back to Council for approval.

4.d. Overnight Parking Ordinances PL/PW These ordinance amend the Malibu Municipal Code (MMC) to address long‐term parking along PCH and City
streets that interferes with public coastal access. In
Fiscal Year 2019‐2020, Council adopted Ordinance No.
460 establishing overnight parking restrictions on
alternate sides of PCH for the Las Tunas and Malibu
Pier/Surfrider Beach areas. In Fiscal Year 2020‐2021,
the Council adopted Ordinance No. 469 expanding the
overnight parking restrictions to Corral Canyon Beach
and Zuma Beach. Coastal Development Permits (CDP)
have been approved and signs installed for Las Tunas,
Zuma Beach, and Corral Canyon Beach. In Fiscal Year
2021‐22, the Council adopted Ordinance No. 493, which
implemented overnight parking restrictions on the west
side of Trancas Canyon Road between PCH and Tapia
Drive. A CDP for installation of signs for the Malibu
Pier/Surfrider Beach area remains to be processed.

Additionally, staff will prepare ordinances to allow for the expansion of this program to other areas of the City as directed by the Council.

PL ‐ No update.

PW ‐ No update
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4.e. Housing Element 6th Cycle RHNA &
2021 Housing Element Update
PL In March 2020, the City received its Regional Housing Needs Assessment (RHNA) allocation from the
Southern California Association of Governments
(SCAG). In November 2020, staff met with Cal Fire to
obtain guidance on the draft Safety Element. In Fiscal
Year 2020‐21, staff worked with its consultant to
prepare a draft of the updated Housing Element. In
Fiscal Year 2021‐22, staff held public workshops and
hearings on the Housing Element and submitted the
draft to the California Department of Housing and
Community Development (HCD) for review. In addition,
in late February 2022, the City responded to a request
from HCD for additional materials. In Fiscal Year 2022‐ 23, while the Housing Element is under review, staff will need to process an update to the City's General Plan's
Safety Element. Once the Housing Element is adopted
by HCD, staff will need to process the code
amendments called for in the Housing Element.

PL ‐ In Q2, City staff met with HCD staff to obtain
clarification regarding the March 2022 HCD letter
received in response to the City's January 2022
submittal. In addition, due to the complexity of the 6th Cycle update, including major recent changes in State
housing law, the City’s Housing Element consultant
indicated additional work beyond the existing scope
will be required to respond to HCD comments. A
contract amendment will be placed on the Council
agenda in Q3. The City’s Housing Element consultant
has proposed changes to his contract and is requesting
consideration of those changes prior to proceeding
with the completion of the draft element and
responding to HCD comments.  Staff is currently,
meeting with the consultant to discuss the changes
proposed in his contract.

4.f. Cannabis Ordinance PL Malibu Measure G became effective in December 2018, allowing recreational retail sales and delivery of
cannabis within the City by two dispensaries. Allowing
recreational use has triggered additional inspection,
licensing and tax requirements that involve extensive
research and coordination with other agencies and
applicants. Staff is implementing the City’s cannabis
ordinance and, with the assistance of Code
Enforcement staff, compliance with the City‐issued
Conditional Use Permit (CUP) is taking place. Ordinance No. 486 amending the City’s cannabis ordinance to
ensure compliance with the current County guidelines
was adopted by the Council on June 14, 2021. In Fiscal
Year 2021‐22, staff completed the contractual
agreement between the City and the County Public
Health Department to grant the County authority to
perform public health permitting, plan review and
approval, and inspection and enforcement services for
cannabis retailer storefront operators. Both local
cannabis retailers have initiated compliance with
County public health and business license
requirements.

PL‐ No update.

4.g. MRCA Coastal Access Public Works
Plan
PL The Mountains Recreation and Conservation Authority
(MRCA) is proposing a Malibu Coastal Access Public
Works Plan (PWP) for 17 public beach accessways along
the coast in Malibu. The City submitted comments on
the project’s CEQA document in February 2020. In
Fiscal Year 2021‐22, staff began the processing of
Coastal Development Permits for several of these
projects. The project will extend over multiple years.

The MRCA is proposing a Public Works Plan (PWP) for
two site: Malibu Bluffs Park and Ramirez Canyon. On
October 17, 2022, the MRCA released a Notice of
Preparation of an EIR. On November 28, 2022, the City
Council reviewed a draft response letter, which
included input from all City Departments. The letter
was submitted to the MRCA on December 12, 2022.

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4.h. Farmers Market Parking in the Civic
Center
PL The Cornucopia Foundation submitted an amendment
to its CUP in February 2021. In December 2021, the
Council adopted Ordinance No. 495 to allow for the
continued use of the City’s Ioki property for farmers
market parking on Sundays during construction of the
Santa Monica College facility. In addition, staff
continues to monitor the long‐term operations of the
market.

PL ‐ In Q2, staff presented an item to ZORACES which
included a path for the farmers market to temporarily
operate at Legacy Park. On 11/28/22, the Council
adopted Ordinance 505U to allow the temporary
operation of the market at Legacy Park and also,
approved a waiver to the Legacy Park agreement to
allow the use. Lastly, staff worked with the farmers
market operator to process a temporary use permit to
operate the market at Legacy Park starting in January
2023.

4.i. Wireless Communications Facilities
Ordinance
PL In April 2021, the Council adopted Resolution No. 21‐ 17, adopting engineering, design and location
standards, conditions of approval, and basic application requirements for wireless communication facilities on
land other than public right‐of‐way, and adopted
Ordinance No. 484, adopting a comprehensive overhaul
of the City's Wireless Communication Facility
Ordinance. The Ordinance went into effect on May 26,
2021, with the exception of proposed amendments to
the Local Coastal Program. In Fiscal Year 2021‐22, the
proposed LCPA was submitted to the CCC for
certification review. The CCC submitted comments in
response to the City's submittal. Due to the extensive
analysis required to respond to the CCC letter, the
City’s formal response is still in progress. In Fiscal Year 2022‐23, staff will complete a response to the CCC and
work with the CCC to secure a hearing for the
certification of the LCPA.

PL ‐ On November 15, 2022, the CCC deemed the Local
Coastal Program amendment submittal complete. Per
the letter, CCC staff will be requesting an extension of the 90‐day statutory deadline to hold a hearing by
March 2023 at the CCC's February 2023 meeting. On
February 8, 2023, CCC approved a one‐year time
extension to the 90‐day working time limit granted by
code for the processing of an LCPA once deemed
complete. At this time, CCC has until November 15,
2023 to process the City’s LCPA.  In addition, no
comments have been provided to the City regarding
the direction CCC staff will take on the processing of
the LCPA.  At the CCC hearing, City staff provided
comment on the importance of this LCPA and
requested that it be processed as soon as possible.

4.j. Wireless Communications Facilities
Mapping
PL In January 2021, Council directed staff to engage a
consultant to identify and map existing wireless
communication facilities in the City and maintain the
maps on an ongoing basis. The City Council awarded a
consultant contract for this work on April 26, 2021. In Fiscal Year 2021‐22, three of the five phases to map all wireless facilities in the City have been completed. The database with the required fields has been established
including an inventory of photo evidence. Staff will
work with the consultant to implement this ongoing
project through Fiscal Year 2022‐23.

PL ‐ In Q2, the consultant provided the geodatabase for staff review. Staff will review the results in Q3.

4.k. Sign Regulations Code Amendments PL In November 2020, based on recommendations received from the City Attorney’s office, Council
initiated amendments to the MMC and LCP to modify
sign regulations to bring the code into compliance with the First Amendment of the US Constitution. In April
2021, the City Council adopted Ordinance No. 483
adopting amendments to the MMC and LCP. In Fiscal
Year 2021‐2022, staff submitted the LCPA to the CCC
for certification review. In response, CCC staff
submitted a comment letter. Due to the nature of the
amendment, City staff is working with City Attorney’s
Office to prepare a formal response to the CCC’s
comment letter. In Fiscal Year 2022‐23, staff will work with CCC to secure a hearing for the certification of the LCPA.

PL ‐ Upon resubmittal of comments to the CCC in fall of last year, the CCC deemed the LCPA complete on
November 15, 2022.  However, on February 8, 2023,
the CCC approved a one‐year time extension to the 90‐
day working time limit granted by code for the
processing of an LCPA once deemed complete.  At this
time, the CCC has until November 15, 2023 to process
the City’s LCPA.  In addition, no comments have been
provided to the City regarding the direction CCC staff
will take on the processing of the LCPA.  At the CCC
hearing, City staff provided comment on the
importance of this LCPA and requested that it be
processed as soon as possible.

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4.l.1. Planning Department Operations ‐
Planning
PL Planning is responsible for assisting the community at the Public Counter, reviewing projects, short‐term
rental permit applications, outdoor lighting applications for Dark Sky Ordinance compliance, cannabis
dispensary permits, primary view determinations,
formula retail clearances, event permits, and fire
rebuild and other applications for consistency with the MMC and LCP, evaluating project compliance with the
California Environmental Quality Act (CEQA), and
maintaining regulatory documents, including the
Malibu General Plan and zoning and land use maps.

During Q2, Staff initiated an increase in the amount of contractor planners to help with demand, totaling 13
contract planners.  Performance metrics were added to
see if the additional resources improve output by June
2023. In order to ensure that the consultants are up to par with City procedures and practices, numerous
trainings have been conducted with consultant staff in
Q2 and will continue through Q3.

In addition, Staff initiated a comprehensive
Development Services Review by Baker Tilly with the
goal of improving all facets of operations that pertain to development services.  The effort kicked‐off in
December and is anticipated to take six months to
complete the study with a resulting Implementation
Action Plan.

In cooperation with the City Manager's Office, an email was sent to all owners and applicants with pending
applications regarding customer service improvements
underway.

In Q2, staff continued to work on numerous complex
planning applications including the Malibu Middle &
High School Campus project LCP amendment submittal
to the CCC and MRCA proposed projects  including the
MRCA's Malibu Lower‐Cost Accommodations Public
k l h f f 4.l.2. Planning Department Operations ‐
Code Enforcement
PL Code Enforcement ensures compliance with the laws
and regulations in the MMC and Zoning Ordinance,
including illegal construction, code violations, short‐ term rental violations, Dark Sky Ordinance compliance,
and all other enforcement issues, to keep the City safe.

In addition, this Division is responsible to carry out the Short‐Term Rental permit program from licensing to
enforcement, complaints and violations
In Q2, the Code Enforcement team has continued
regular operations as indicted inthe Q1 update.

The Short‐Term Renal Program consumes a
considerable amount of time to implement and to
enforce including over 50% of the Administrative
Assistant workload, shared responsiblities among
officers, and a Planning Technician assistance to
screencheck applications.

Staffing ‐ The Division started with three code
enforcement officers in Q2, however, one officer
resigned but staff was able a replacement by the end of Q2. The new officer will start in Q3.

Divisoin Statistics:

Reviewed 117 STR applications
Open 70 new cases
Closed 24 cases
Logged 27 complaints
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4.l.3. Planning Department Operations ‐
Administration
PL Planning administration is responsible for the
management of records, legal noticing, policy and
procedures, Commission and boards, budget analysis
and contract administration, fulfilling public records
requests, managing the Woolsey Fire fee waiver
program, CEQA filings, maintenance and updates to the
development database, statistics and online reports
and databases, public outreach including maintenance
of Planning related webpages, and provides support
services for public counter operations.

In Q2, the Administrative team oversaw: In addition,
the Administrative team processed the following
documents:

The Planning Commission held five meeting totaling 6
agenda, 50 agenda report, 17 staff presentations, 43
pieces of correspondence, adopted 13 resolutions, and
adopted 5 sets of minutes. The ERB did not hold any
meetings.
1,390 Documents upload to OnBase
100 Public Records Request received
34 Public Records Request completed
19 Records Request Appointments
58 Public Notices prepared
44 CEQA Notices of Exemptions filed
Budget Administration ‐ Provide support services for
Public Counter Improvements including
Maintain over 35 webpages
Maintain Development Database, statistics, and reports

4.m.1. Environmental Sustainability
Department (ESD) Operations ‐
Building Safety
ESD This program is responsible for compliance and
enforcement of State and local building standards,
including fire rebuild, inspections, permits, plan check, code interpretation, and coastal and geological review.

Staff coordinated 325 building plan reviews, 83 of
which are Woolsey Fire properties. 578 permits were
issued. 269 geotechnical and coastal reviews took place in this quarter, 106 of which are Woolsey Fire
properties. Inspections continued at a high pace with a total of 1,643, averaging 45.1 a day. Customer service
at the Public Counter ‐ Building Safety, Geology, and
Coastal Engineering staff assisted a total of 1,300
people.

4.m.2. Environmental Sustainability
Department (ESD) Operations ‐
Wastewater Management
ESD This program is responsible for managing onsite
wastewater systems for compliance, including plan
check, the operating permit program, Local Agency
Management Program, and the frequent pumping
program.

Staff coordinated 329 environmental health plan
reviews, 6 of which are Woolsey Fire properties.

Continue to review Short‐Term Rental applications for
compliance with 66 STR applications reviewed this
quarter. Issued 201 operating permits and sent 133
Notices. Continue to manage Designers (23), Inspectors
(22), Installers (33), Operation & Maintenance (27)
Customer service at the Public Counter ‐ staff assisted a total of 423 people.

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4.m.3. Environmental Sustainability
Department (ESD) Operations ‐
Administration
ESD ESD administration is responsible for the management of records, legal noticing, policy and procedures,
agendas and staff reports, budget analysis, and
contracts.

Records Management ‐ 2,635 documents uploaded to
OnBase. 99 record requests completed; with an
average of a 3‐day response time and 21 in‐house
appointments. Continue Agenda and Staff Report
Management and Budget Analysis. Community
outreach – 679 emails/texts for Dark Sky; 679
emails/texts for HHW E‐waste event. Grant
Administration ‐ Administered five (5)
grants/interagency funding, including Malibu Smart
(IRWM), Measure W, CIMP, and EWMP, and Beverage
Container Recycling. Submitted reports for CCWTF
Groundwater and Surface Water Monitoring, NSMBCW
CIMP and TMDL Monitoring. Tracked quarterly Solid
Waste Diversion/Disposal for 22 permitted haulers;
Reviewed and approved 20 Construction  and 2 Large
Event ‐ a total of 2,666 tons was recycled for a program diversion rate of 92%; Continue contract management
for 15 existing consultants. Responded to 1,917 general public inquiries. Maintain 33 webpages and 3 social
media accounts. Customer service ‐ Admin staff
assisted a total of 3,739 people.

4.n.1. Public Works Department
Operations ‐ Project Review
PW The Public Works Department is responsible for the
reviewing development projects that impact the public
right of way and drainage facilities.

Continuing

4.n.2. Public Works Department
Operations ‐ Surveying
PW The Department reviews certificates of compliance,
parcel and tract maps for surveying issues.

Continuing

4.o. 2022/2023 Code Review and
Adoption
ESD Every three years the State adopts the California
Building Standards Code (CBSC). The CBSC consists of
12 parts in Title 24 of the California Code of
Regulations, which, taken together, establish the
building standards for structural, plumbing, electrical, and mechanical systems throughout the state. Local
jurisdictions may adopt amendments to the state
building standards subject to specified conditions, but such local amendments must be specific to each
edition of the CBSC. Malibu, along with several
neighboring cities, traditionally adopts the state codes as amended by Los Angeles County to provide the
public with consistent, efficient and locally applicable regional building standards.

Staff presented the code update at the December 12,
2022 Council Meeting; the 2nd reading and adoption
was scheduled for January 9, 2023. Staff conducted
extensive outreach to the community and building
professionals including hosting a virtual update by the Building Official and noticing via print and electronic platforms. The new building standards code went into
effect as of January 1, 2023. Staff will begin reviewing online submittals in January to determine which code
cycle will apply.

4.p. Coast View Storm Drain
Improvements
PW This project consists of replacing the existing storm drain inlet structure at the cul‐de‐sac on Coast View
Drive. This project will improve the drainage on this
street and will provide a safer storm drain inlet
structure.

Completed
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4.q. Kanan Dume Biofilter PW This project was identified in the City’s Enhanced Watershed Management Plan (EWMP). This project
includes the installation of a biofilter on Kanan Dume
Drive to capture and treat stormwater. The project is
intended to assist with Municipal Separate Storm
Sewer System (MS4) Discharge Permit requirements.

The project design will occur in Fiscal Year 2022‐23.

Project has not started

4.r. Strom Drain Trash Screens Phase
Two
PW This project was identified in the City’s EWMP. This project includes the installation of trash screens at the City’s storm drain inlets to prevent debris from entering the storm drain system. The proposed trash screens
comply with the Trash Total Maximum Daily Load
(TMDL) requirements. Trash screens will be installed on City owned storm drain inlets on John Tyler Dr., Roca
Chica Dr., and Piedra Chica Dr. The project design will occur in Fiscal Year 2022‐23.

Project design is 90% complete.  Construction is
anticipated in Q3/4

4.s. Temporary Use Permit Zoning Text
Amendment
PL The City Council initiated an update to the City's TUP ordinance to address community events and series of
events.

PL ‐ In Q2, staff presented the item to ZORACES on
October 12, 2022 and November 10, 2022. The item will
be consider by the Planning Commission in Q3.

4.t. Expansion of Outdoor Seating
Zoning Text Amendment
PL On June 8, 2020, the Council adopted Ordinance No.
465U allowing for temporary outdoor seating for
restaurants during COVID‐19 pandemic. Based on the
success of outdoor seating, on January 11, 2022, the
Council directed staff to explore options that would
allow for the continued use of outdoor seating that had previously been approved.

PL ‐ A list of options and issues will be presented to the Council in Q3.

4.u. Temporary Halt of Primary View
Determination within the Woolsey
Fire Affected Areas
PL As part of the City's response to the Woolsey Fire, on September 19, 2019, the City Council adopted
Ordinance No. 450 to place a temporary halt on new
Primary View Determinations within the Woolsey Fire
burn area. As part of the Council's motion, the Council directed staff to return with a report on the impacts of Ordinance No. 450.

PL ‐ The four‐year prohibition on primary view
determination for the purposes of replacement
structures in the Woolsey Fire affected areas expired in November 2022. Planning staff has now allowed PVDs
in those areas, however, PVDs related to replacement
landscaping in the area is still prohibited until
November 2028.

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5. ENHANCE ENVIRONMENTAL EFFORTS / PROTECT AND IMPROVE WATER RESOURCES

5.a. Civic Center Water Treatment
Facility ‐ Phase Two (CCWTF)

PW/MS/PL/E
SD
The construction of CCWTF Phase One was completed
in Fiscal Year 2018‐2019. The design of Phase Two
began in Fiscal Year 2019‐2020. Phase Two expands the
wastewater collection and recycled water system to
include properties in Malibu Colony, the condominiums
on Civic Center Way, HRL Laboratories, and a portion of the Serra Canyon neighborhood. In addition, the
treatment plant will be expanded to treat the
additional wastewater from these properties. The work
will include preparing a CDP, construction plans, project specifications and cost estimates. In order to meet the currently mandated completion date of 2024, the
project would need to begin construction in 2022. In
February 2022, Council directed staff to seek an
extension to the MOU between the City and the
Regional Board regarding the implementation of Phase

2. The City sent a letter to the Regional Board seeking an 8‐month time extension. In addition, an assessment
district will need to be formed to fund the project in
Fiscal Year 2022‐23. To help fund the project, staff is seeking grants and low interest loans.

ESD: No update
PW ‐ Operation and Maintenance of the treatment
plant continues.  Project team continued to work with
the State Water Board staff regarding the cultural
resource findings.  Initial meeting with the Native
American Tribes and further meetings were conducted
during this quarter.

PL ‐ No update.

5.b. Integrated Pest Management
Program/ Earth Friendly
Management Policy (EFMP)
ESD/CS/PL On October 28, 2013, the City Council adopted an Integrated Pest Management (IPM) Policy and Program.

Staff implemented the IPM principles as best
management practices in addressing pests and
developed a community outreach brochure describing
the dangers that rodenticides pose to local wildlife, as well as preventative measures and alternatives to
rodenticide use. In June 2019, the EFMP was adopted
by Council. The policy remains in place with oversight
by the Parks and Recreation Commission. Staff and
contractors continue to follow all policies and
procedures outlined in the EFMP.

ESD no longer lead department; move to contributing
department. PL ‐ No update.

CS ‐ Department staff meets bi‐monthly with the EFMP
working group to discuss community outreach
opportunities, education, and policy implementation.

The working group is working towards developing a
program for elementary school students. Additionally,
staff has incorporated the key factors of the City's
EFMP into docent‐led hikes at Charmlee Wilderness
Park.

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5.c. Clean Water Monitoring Program ESD/PW To carry out the City’s regulatory obligations under the municipal separate storm sewer system (MS4) permit
and related regulations, this program involves stream
and ocean monitoring, as well as outreach to promote
community‐wide use of best management practices
(BMPs). Ongoing monitoring for regulatory compliance
includes implementation of the Coordinated Integrated
Monitoring Program (CIMP), as required by the MS4
permit. The CIMP integrates stream monitoring events
and TMDL monitoring for bacteria and trash at selected
beaches and drainage courses, and in Malibu Creek.

Special studies may include supplemental monitoring
and assessment to develop adaptive management
strategies for regulatory compliance. The City is the
program manager for cost‐sharing for the CIMP in a
Memorandum of Understanding (MOU) with the
County of Los Angeles and Los Angeles County Flood
Control District. Additional opportunities under
development include the City’s near‐shore ocean water
quality project and supplemental assessments of sub‐
watersheds slated for stormwater treatment projects in
the EWMP. Staff continues to implement the CIMP
jointly with the Los Angeles County Department of
Public Works and Flood Control District.

ESD: Mandated work plan item. No update

5.d. Clean Water Regulations
Compliance
ESD The following regulatory and legal obligations are being implemented: Area of Special Biological Significance
(ASBS); MS4 Permit (stormwater); NRDC/LA
Waterkeeper lawsuit settlement agreement; short‐ and
long‐term compliance strategies for seven Total
Maximum Daily Load (TMDL) requirements;
wastewater systems management; and Civic Center
Prohibition/MOU compliance. Staff continues working
with the County for updates to EWMP and Reasonable
Assurance Analysis (RAA), which may lead to the
identification of additional, smaller‐scale water quality improvement projects.

Staff conducted 122 construction site inspections, as
mandated by the Water Board's commercial inspection
program. Staff conducted 6 illicit discharges and 1
water softener inspection and continues to monitor
these sites. Staff has also conducted 74 commercial
compliance inspections including 62 Clean Bay
Restaurant, 7 automotive, and 5 nurseries.

5.e. Legacy Park Rehabilitation Project CS This project began in 2019 by assessing the plant life within Legacy Park, which has historically struggled due to poor soil and water conditions. Staff worked with a
consultant, Studio‐MLA, to complete the assessment
and develop a long‐term, sustainable plan for
rehabilitating plant life within the park. After the first 18 test plots were successfully established in Fiscal Year 2019‐2020, over 20 additional plots were planted
during Fiscal Years 2020‐2021 and 2021‐2022. The plots
will be monitored and evaluated throughout Fiscal Year
2022‐23 to continue establishing and expanding native
plant life to areas where growth has been difficult.

Staff continues to monitor and hand‐weed the
rehabilitated areas of Legacy Park. Students from
Pepperdine University are scheduled to volunteer with
planting and hand‐weeding in Q3. Staff continue to
meet with the consultants from Studio_MLA monthly
to discuss long‐term maintenance and 2023 planting
dates.

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5.f. Coastal Vulnerability Assessment ESD/PL In September 2019, Council awarded a professional services contract for the development of a coastal
vulnerability assessment. ESD staff and its coastal
engineering consultants are working to perform an
assessment of vulnerabilities along the local shoreline due to erosion and sea level rise to help inform City
planning efforts by identifying impact thresholds at
which significant planning areas, assets or coastal
resources could be impacted by sea level rise. The
consequence of the identified impacts will also inform
City policies and programs to help minimize risk to
important infrastructure, basic services and valuable
resources. The vulnerabilities and consequences
identified in this assessment will be used to facilitate prioritizing planning efforts to account for the urgency (time horizon) of each impact, and the importance of
each impact on the community and resources. The first
planned public workshop to solicit community input
was postponed due to COVID‐19. Due to the delay of
the workshops, the Coastal Vulnerability Assessment
agreement was extended to 10/01/23; however, the
consultants remain on hold while staff internally
reviews draft documents.

ESD: Consultants on hold; project is anticipated to
restart in spring 2023.

PL ‐ No update.

5.g. Clean Power Alliance (CPA) ESD CPA is a locally controlled electricity provider in Southern California offering clean renewable energy at
competitive rates. In May 2018, Malibu residents and
businesses chose the percentage of clean energy to
receive. In October 2019, the Council approved the
selection of the 100% Tier Option for CPA customers
within the City, effective October 2020. Customers can
opt out at any time and return to SoCal Edison or
choose a lower tier of green energy.

Continued monthly Board meeting support by
reviewing agendas and sending notes to
Councilmembers/CPA Board Directors Pierson and
Uhring.

5.h. Environmental Programs ESD This program is responsible for mandated clean water and solid waste compliance and reporting. Additionally, City staff oversees programs, events, and local
regulations, including locking dumpster lids, plastic
bans, compliance with the Dark Sky Ordinance, and
other environmental work plan items.

Preparing for Malibu Smart water conservation project
closeout; submitted quarterly grant report to state.

Continued SB 1383 (organics recycling) outreach
including hosting monthly  virtual community trainings
and kitchen collection bin giveaways with SB 1386 local assistance grant funds. Organized 2022 holiday tree
recycling to further promote organics recycling
program. Hosted HHW/e‐waste event and promoted
larger more inclusive LA County HHW/e‐waste event.

5.i. FEMA Floodplain Maps PW In December 2011, FEMA began the process of revising the flood maps along the California coastline based
upon new data and coastal engineering analysis,
including modifications to base flood elevations. The
City submitted an appeal to FEMA’s proposed revisions
to the flood maps, and subsequently a Letter of Map
Revision (LOMR). City staff and its consultants will be coordinating with FEMA on the City’s appeal and
LOMR.

FEMA is anticipated to complete their review and draft
map revisions in Q3.

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5.j. Pesticide LCPA PL In December 2019, Council adopted the Pesticide Land Use Plan LCPA. In June 2021, the Council adopted the
CCC’s modifications to the LCP and initiated an
amendment to the LCP Local Implementation Plan to
implement and enforce a citywide prohibition of
pesticides. In Fiscal Year 2021‐22, the CCC certified the LCPA and staff began work on the next phase of the
project including meeting with community stakeholders
to discuss a draft policy which will be presented to
ZORACES. Should the Council direct staff to prepare an
ordinance and not a policy, staff will hold public
hearings on the LCPA and prepare it for submittal to
the CCC for certification review in Fiscal Year 2022‐23.

Upon certification, staff will present a work plan to the Council to include an implementation plan, public
outreach, and an enforcement plan.

PL ‐ On October 10, 2022, City staff presented an item
to the City Council requesting if staff should prepare an ordinance or resolution to implement LUP Policy 3.18.

The Council directed staff to prepare an amendment to
the LIP; and a policy adopting an interpretation of
"development" to include "the use of pesticides,
including insecticides, herbicides, rodenticides or any other similar toxic chemical substances, where the
application of such substances would have the
potential to significantly degrade ESHA or coastal water quality or harm wildlife" and that such development is
not classified as “maintenance” under LIP Section

13.4.2. Staff scheduled a meeting with CCC staff to
discuss but the meeting was rescheduled for January
2023.

5.k. Dumpster Lid Ordinance
Implementation and Enforcement
ESD/Media/
CE
Staff worked with City partners to draft an ordinance to require locking lids on commercial solid waste, organic waste, and recycling bins, which was adopted by
Council in March 2020. In 2020‐21, staff developed
outreach and began conducting quarterly inspections
to assist businesses with compliance. Starting February 2021, Code Enforcement staff ensures that businesses
are compliant. As this is an ongoing project, staff will continue to do quarterly inspections and monitor
locking lids to keep properties in full compliance.

ESD: Conducted 56 inspections. 100% locking lid service compliance at Malibu restaurants and shopping
centers.

5.l. Dark Sky Ordinance Implementation ESD/PL Added by the City Council at the mid‐year budget review on January 24, 2022. The Malibu City Council
adopted the Dark Sky Ordinance amendment to extend
the deadlines for compliance for commercial,
residential and institutional districts to October 15,
2022. The Dark Sky Ordinance is meant to protect
Malibu's environment and community quality of life
from light pollution. The City Council directed staff to begin a public education program as soon as
practicable with the goal of helping residents and
businesses comply with the regulations and deadlines.

ESD: Staff continues to work with gas stations for Dark Sky compliance; Yolanda to personally conduct site
visits. Compliance letter templates are finalized and an enforcement program focusing on education is in place.

PL ‐ Staff continued to work with ESD and Code
Enforcement to establish an outreach process for all
commercial and residential properties that are not in
compliance. Five of the 6 gas stations have now been
approved through planning and are in plan check or
have obtained building permits. Staff received 7
outdoor lighting applications in Q2 and approved
outdoor lighting plans for some major
commercial/multi‐family projects including La Paz,
Duke’s, Park at Cross Creek Tivoli Cove Condominiums,
etc.  Meetings with multiple property managers
including Malibu Village, Malibu Lumber Yard, Pavilions, and Geoffrey’s have occurred. Lastly, the Council
adopted a Planning Department metric that outdoor
lighting applications shall be processed within 7 days.

Staff will monitor applications starting in 2023.

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5.m. EV Permit Streaming ESD/PL On August 28, 2017, ESD took a staff report to council in order to meet AB1236 – “Streamlined Permitting
Process for EV Charging Stations.” The Council
approved ordinance 423 on September 11, 2017 and it
took effect 30 days after that. It was added to the MMC in Buildings and Construction, Chapter 15.36. The City
will continue to coordinate and monitor new ways for a
quick, successful application for a permit. More
recently, the State passed AB 970 that adds specific
binding timelines to both the Planning and Building
Department review period based on the size of the
project. This new law becomes into effect January 1,
2023. Planning and Building and Safety will bring this
item to Council late this Fall.

ESD: No update
PL ‐ Staff is continuing to expedite projects related to EV charging stations throughout the City.

5.n. City Hall Solar Project PW This project consists of the installation of a solar power system at City Hall. This project will also include electric vehicle charging stations. The project will serve to
reduce the City’s overall electricity consumption and
cost. This project was placed on hold for Fiscal Year
2019‐2020 to accommodate other budget priorities
resulting from the Woolsey Fire. In Fiscal Year 2022‐23, staff will be exploring the potential funding
opportunities in the Federal Infrastructure Bill for this project.

Potential grants are anticipated to be released during
Q4

5.o. Possible Annexing of City into
Resource Conservation District
(FCDSMM)
MS During a hearing of the Local Agency Formation
Commission (LAFCO) on March 9, 2022, LAFCO
approved an action to include the City of Malibu in the Sphere of Influence boundary of the Resource
Conservation District of the Santa Monica Mountains
(RCDSMM). The RCDSMM is a Special District organized
under the State Resources Code that promotes and
provides conservation programs. The staff report
indicated that while a significant portion of the Malibu Creek Watershed was within the RCDSMM's existing
Sphere of Influence boundary, the City of Malibu was
currently outside those boundaries. The RCDSMM
Sphere of Influence currently includes the cities of
Agoura Hills, Calabasas, Hidden Hills, and Westlake
Village; and LA County unincorporated communities in
the Malibu area and Topanga Canyon. For more
information, see the LAFCO staff report (page 15). Now
that the City is within the SOI, the next step would be the annexing of Malibu into the RCDSMM. City staff
and RCDSMM staff will be working closely on any
proposed annexation request.

Staff had an initial introductory meeting with RCDSMM
Staff in November.  RCDSMM are to follow‐up and
schedule a future meeting.

5.p. Earth Friendly Management
Program (EFMP) Addendum to
Initial Study
ESD/CS/PL In June 2019, the City Council adopted the initial study for the EFMP. However, the City Council added facilities to the EFMP that were not included in the initial study.

At the same meeting, the Council directed staff to
prepare an addendum to included facilities not
previously analyzed in the initial study.

ESD, CS and PL ‐ No update
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6. 6.a. City Council, Commissions and
Committees
All All departments and staff participate in the preparation of agendas, staff reports and presentations for the City Council, City Commissions, Environmental Review
Board, Committees and Subcommittees. Media staff,
administrative staff and the City Clerk’s office are
responsible for the technical hosting of meetings and
preparation of minutes
PL ‐ The Planning Commission held five meeting
totaling 6 agenda, 50 agenda report, 17 staff
presentations, 43 pieces of correspondence, adopted
13 resolutions, and adopted 5 sets of minutes. The ERB
did not hold any meetings in Q2.

6.b. Public Records Requests and
Subpoenas
All All departments and staff participate in responding to public records requests and subpoenas by searching
both digital and paper documents retained by the City.

6.c. Budget Management MS/Media As part of the City’s commitment to providing government transparency, user‐friendly budget
information is developed to help the community better
understand the City’s finances. Quarterly budget
reports will continue to be provided to the Council
pursuant to the City’s policies. Staff will continue to monitor the State and local fiscal impacts of the COVID‐ 19 pandemic and recommend adjustments, as
necessary.

FY 2021‐22 Q4 and FY 2022‐23 Q1 reports ultimately
went to A&F on November 30 and to Council on
December 12.  The FY 2022‐23 Q2/Mid‐year report is
tentatively slated for the February 13, 2023 City Council Meeting.

The new budget software continued to be
implemented during Q2.

6.d. General Fund Reserves MS Pursuant to Council Policy No. 3, a minimum of 50% of the General Fund operating budget is to be maintained
in the General Fund Undesignated Reserve. A 65%
reserve is recommended to maintain the City’s high
credit rating. The reserves have been instrumental in
helping the City weather the economic impacts of the
Woolsey Fire and the COVID‐19 pandemic.

As of December 31, 2022, the projected General Fund
Undesignated Reserve budget fund balance at June 30,
2023 will be $XX.X million

6.e. Debt Service Management MS The City has issued debt over the past 10 years for the acquisition of Legacy Park, the acquisition and
improvements of City Hall, the acquisition of Trancas
Field, and the acquisition of three vacant parcels of
land. A Debt Management Policy was approved in Fiscal
Year 2017‐2018 to provide policy guidance for existing
and future debt issuances and to help the City maintain its AA+/AAA credit rating.

There were no funds due to the Fiscal Agent in the
second quarter for debt service payments.

6.f.1. Finance Operations ‐ Audit
Management
MS Finance staff is responsible for all City financial audits, including the interim and annual independent audit,
audits of all outside funding sources, such as Metro, Air Quality Management District (AQMD), CDBG, Dial‐A‐
Ride, Annual Street Report, Cities Financial Transaction Report, and the State Controller’s Report. Other
mandated reports are also prepared by this
department including California Joint Powers Insurance
Authority (JPIA) filings, US Census Bureau reports and
other reports as required for debt service. Finance staff also prepares the Annual Comprehensive Financial
Report (ACFR) as mandated by law.

Lance, Soll, and Lunghard, LLC, the City's auditors,
completed their fieldwork in October and issued their
Independent Auditors' Reports on December 21, 2022.

Their reports indicates that all financial statements
ended in accordance with accounting principles
generally accepted in the United States of America and
that the City's internal controls are in compliance with Government Auditing Standards. The FY 2021‐22
Annual Comprehensive Financial Report was
subsequently completed and will be presented to
Council in February 2023.

6.f.2. Finance Operations ‐ Payroll
Management
MS Finance staff is responsible for the City’s biweekly payroll services, including preparation of quarterly and annual State and Federal tax filings, preparation of W‐2 forms, management of employee benefit programs,
and other mandated reporting requirements.

In the second quarter, staff processed payroll for an
average of 110 employees per pay period.  This
included the processing of 11 new hires (2 full‐time/7
part‐time/2 Councilmembers).  6 pay periods were
processed in the second quarter.

FISCAL SUSTAINABILITY AND
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6.f.3. Finance Operations ‐ Accounts
Payable and Cash Receipts
MS Accounts Payable functions include the processing of approximately 7,500 individual invoices annually,
management of purchase orders, oversight and
processing of approximately 1,000 alarm permits,
preparation of warrant registers, and daily
reconciliation of City accounts. Cash receipts functions involve the daily deposits of City revenues, including
cash receipts from public counters, verification of
receipt of funds, and regular bank reconciliations.

Duties associated with billing and invoices include
preparation of billings for commercial tenants,
subpoena invoices, past due notices, oversight of all
taxes, and late fee and penalties invoices. Short‐term
rentals (STR) and transient occupancy tax (TOT)
tracking is also managed by Finance staff, including
compliance with the MMC, calculation and billing of
taxes due.

Finance staff issued 750 AP checks, paying over $11.1
million in expenditures.  Staff also completed more
than 1,700 cash receipt transactions, collecting $9.9
million in revenue.

6.f.4. Finance Operations ‐ Parking
Citation Management
MS Finance staff serves as the liaison between the Los
Angeles County Sheriff’s Department, Volunteers on
Patrol (VOP) and the City’s citation processing service.

Staff assists with citation receipts, appeals, and
administrative hearings, and provides supplies and
monitors equipment for the VOP and Sheriff’s
Department.

Staff oversaw the processing of 2,232 parking citations with an original value of $196,094 (Note: not all fines are collectible since some may be contested or are
correctable violations).

6.g.1. Media Information Operations ‐
Public Messaging
MS/Media The Media Team plans, creates and executes the City's public messaging about City actions, legislation,
meeting, priorities and events, as well as emergency
communications, including several types of emergency
alerts.

Similar to Q1, Q2 resulted in 54 e‐notifications across a wide variety of City business including City events,
community classes, ordinances, environmental
programs and general community updates.

6.g.2. Media Information Operations ‐
Social Media and Platforms
MS/Media The Media Team creates messaging content and
graphics for the City website, 13 social media platforms (Twitter, Facebook and Instagram), Nextdoor, the
traffic and emergency phone hotline, radio public
service announcements (PSA), and printed materials,
such as flyers, posters, mailers, surveys and other
materials.

Staff produced over 1,560 total social media posts on
Facebook, Twitter and Instagram and 101 Nextdoor
posts. The City has 43,232 total followers across all
social media accounts (not including Nextdoor) which is a slight increase from Q1 FY 22‐23.

6.g.3. Media Information Operations ‐
Press Releases
MS/Media The Media Team manages media relations and crisis communications, including planning and executing
press releases, and media events, coordinating media
interviews, and providing briefings, talking points and speeches for City officials.

The City issued 33 press releases and continued to
respond to media inquiries.

6.g.4. Media Information Operations ‐
Emergency Communication
MS/Media/P
S
As part of the City's Emergency Operations, the Media
Team coordinates all public communications and media
relations with partner agencies at County, State and
federal levels during emergency incidents, such as
natural disasters, terrorist incidents, and public health emergencies.

Staff continued to monitor conditions and issue alerts.

6.g.5. Media Information Operations ‐
Alert System
MS/Media/P
S
Media staff provide 24/7 coverage to ensure the
community receives up‐to‐date traffic, weather, and
emergency notifications.

Q2 had 36 alerts related to emergencies notifications
and advisories regarding beaches, public health, traffic, utility and weather concerns. In addition, staff issued 20 Nixle alerts.

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6.h. Media Management MS Media staff provide technical video and audio support for all of the City’s public meetings, including City
Council meetings, special meetings, town hall meetings
and commission meetings.

Staff facilitated the following virtual public meetings:
7 City Council Meetings
5 Planning Commission Meetings
23 Other public meetings of various Subcommittees,
Commissions, and Taskforces

6.i. Information Technology MS IT staff provide support for more than 180 computers and 50 servers, as well as supporting the City‐issued cell phones, tablets, copiers and other office equipment.

Each year, IT staff responds to over 900 service
requests from City staff and elected officials.

HelpDesk software reports 404 request tickets for this
quarter.

6.j. Information Technology Strategic
Plan Implementation
MS The City conducted an assessment of its Information
Technology (IT) Strategic Plan in FY 2019‐2020 to better coordinate technology for City services and to
streamline information access for the public. The
consultant submitted the draft IT assessment, but the
project prioritization workshop for staff was put on
hold due to COVID‐19. The pandemic highlighted the
critical need for additional online services. This project was resumed in Fiscal Year 2021‐22 and is anticipated
to be completed in Fiscal Year 2022‐23.

IT was engaged during the evealuation and selection
with SDI consulting firm. The core evaluation team
confirmed a short list of vendors (Red Mark, Citizen
Serve, and Tyler technologies) that will be participating in a Proof of Capabilities POC sessions, scheduled for
February. IT will look for solutions that best fit the city's needs and technologies that best adapt to our network
environment and infrastructure.

6.k. Records Management CC This project allows City staff to coordinate with its records storage facility to improve records
maintenance and management. The main goals include
minimizing offsite storage of records and files,
streamlining current records management, digitizing
records for the permitting software program, and
transferring records to the document imaging program.

The intent is to reduce costs and increase efficiencies as the City converts paper originals into a digital
format.

6.l. City Website and Media Operations MS Media and Management staff oversee maintenance, improvements, and enhancements to the City’s website
and the MalibuRebuilds.org webpage with input from
other departments’ staff. Media staff work with other
City staff to develop numerous brochures,
advertisements, pamphlets, and mailers to promote
and advertise various workshops, events, and services
offered by the City. Other media information projects
include enhancements to social media and an increase
in the number of videos produced. Media staff form
the core of the City’s EOC Communications team for all
disasters.

6.m. City Clerk Operations CC The City Clerk’s office is responsible for compliance with requests made pursuant to the Public Records Act,
recording documents, receiving and oversight of
subpoenas, and monitoring of the Fair Political
Practices Commission (FPPC) filings, and serves as the
custodian of all City records.

6.n. Develop and Implement New GIS
System
PW The City purchased a new GIS system and staff
continues to implement improvements.

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6.o. Develop and Implement New
Permitting Software Program

MS/PL/ESD/
PW
The procurement and implementation of permitting
software and other integrated programs would
accelerate the transition to digital project submittal
and review. This transition will not only speed up the
permitting process but also prevent disruptions during
emergencies such as wildfires, pandemics, and other
natural disasters, which limit applicant access to City Hall and staff access to physical files and in‐office
resources. Permitting software would streamline
concurrent reviews by different departments and
provide improved transparency and ease of
communication with the public. This project is eligible for funding under the American Rescue Plan Act. In
May 2022, Council amended the City's contract with
the IT consultant preparing the IT assessment and
strategic plan to prepare a request for proposals to
acquire and implement permitting software.

ESD: Management is lead department. ESD is
contributing department.

MS: Staff received proposals and initiated reviews.

Staff plan to conduct interviews/demos of proposed
systems in February 2023.

6.p. Human Resources Management ‐
Class Comp Study
MS Classification and compensation studies review internal equity (pay relationships between positions) and
external competitiveness (pay relationships with labor
market competitors). HR staff will conduct a
comprehensive classification and compensation study.

An RFP was issued October 17, 2022, and closed
November 15, 2022.  Staff reviewed proposals and plan
to bring a Professional Services Agreement to City
Council in Q3 for a consultant to conduct the study.

6.q. Finance Operations ‐ Fee Schedule
Update
MS The City derives its annual revenue from a number of sources, one type of which is user and regulatory fees.

User and regulatory fees are intended to cover all or
portion of the costs incurred by the City for providing fee‐related services and activities that are not
otherwise provided to those not paying the fee. The
last time a study was conducted was June 2015.

Finance staff will conduct a comprehensive fee study in order to update the fees.

No Update
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7. 7.a. Oversight of Library Set Aside Funds
& Speaker Series
CS/MS The Malibu Library is owned and operated by the
County of Los Angeles. The City and County work
cooperatively to develop enhanced programming and
improvements using Set Aside Funds for the Malibu
community based on the MOU terms between the two
agencies, which is in place until 2044 with two possible five‐year extensions. In Fiscal Year 2018‐2019, the City adopted the 2018 Malibu Library Needs Assessment to
identify future projects and library programs. In the
aftermath of the Woolsey Fire and the onset of the
COVID‐19 pandemic, the Malibu Library projects were
not included in the City’s Approved Work Plan. The
Council continues to fund enhanced library services
including the Malibu Library Speaker Series established in 2013 to feature events with notable authors on a
wide variety of topics and includes a Local Author
Series, which highlights Malibu’s literary talent. Staff works with the Library to produce the Library Speaker
Series. Program events resumed in Fiscal Year 2021‐22
and will continue in Fiscal Year 2022‐23.

CS: The Malibu Library Speaker Series continued in
October with shark attack survivor Paul de Gelder. Paul spoke about the attack that changed his life and his
journey of discovery and triumph. The Local Author
series featured three published authors who live and
write in Malibu, Ann Stalcup, Carla McCloskey, and
Susan Goldman Rubin. The 2022 series concluded in
November with New Yorker writer and best‐selling
author David Grann.  Mr. Grann detailed his creative
process for what inspires him to investigate a story and the corresponding research. In Q3, the 2023 Malibu
Library Speaker Series will return with oceanographer
Dr. Douglas McCauley.

7.b. Special Events CS The Community Services Department produces several events each year to engage the community, such as the
Tiny Tot Olympics, Chumash Day, and the Halloween
Carnival. Following the cancelation of these events due to COVID‐19 in 2020‐21, the Department held its
annual Chumash Day event in Fiscal Year 2021‐2022.

The event was well‐attended, and the Department’s full
slate of events are expected to resume in Fiscal Year in 2022‐23.

Special events during Q2 included the Halloween Bu
Bash Carnival, Halloween CineMalibu Movie in the Park
featuring "Ghostbusters", Breakfast with Santa, and a
new animal friendly event, Santa Paws, for over 475
participants.

7.c. Arts Programs and Events CS Seasonal art exhibits are produced at City Hall featuring works by Malibu‐affiliated artists. In Fiscal Year 2021‐ 2022, three in‐person exhibitions were held at City Hall, "Deliver Me" featuring Tom Fritz, Malibu Perception,
and Art of Surf with local professionals. In Fiscal Year 2022‐23, the City will curate six art exhibitions featuring a Hollywood‐themed show, emerging artist show, surf
show, and several single artist shows.

The Malibu Arts Commission curated two art
exhibitions in Q2. The Commission showcased artist S.

Heather Edwards from October 3 through November

10. Heather’s work included projects ranging from
whimsical children's books to licensed, creative
interpretations of Disney characters to immense
paintings full of detail and expression. The Commission then hosted the Music Inspired Art exhibition featuring photography, fine art, and three‐dimensional work
inspired by music.

7.d. Girls‐Only Programming CS Staff coordinates and promotes several Girls Only sports programs. In Fiscal Year 2021‐22, the City
offered free Girls Only clinics, including skate boarding, swimming, and volleyball. In Fiscal Year 2022‐23, the
City will work to expand the program to new areas,
such as tennis and water polo.

In Q2, girls‐only sports clinics, included basketball,
skateboarding, tennis, and water polo with a total of 36 participants. During Q3, the Department scheduled
additional skateboarding, soccer, and swimming clinics.

ENGAGE THE COMMUNITY
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7.e. Senior Programs and Trips CS The Senior Center reopened to the public in Fiscal Year 2021‐22, after being closed due to the COVID‐19
pandemic. The City offered several outdoor and virtual
programs, drive‐thru events, and wellness calls to stay connected with local seniors. Additionally, staff
continued to provide the digital Senior Center
Newsletter and worked with local organizations to offer seniors COVID‐19 assistance, such as grocery shopping
and errands. The City’s Dial‐A‐Ride program continued
offering low‐cost transportation to grocery stores,
medical appointments, and other essential locations
throughout Fiscal Year 2021‐22. Additionally, the City
expanded the service of the program to include
Calabasas and Agoura Hills. In Fiscal Year 2022‐23, all indoor programming, luncheons, and Senior Excursions
will fully resume at the Senior Center and Michael
Landon Center. These programs include dance, yoga,
poetry, autobiography writing, and art.

Weekly programs at the Malibu Senior Center
continued in Q2 with art, ballet, chair yoga, choir,
knitting, coloring, mat yoga, Pilates, stretch and
strength, and tap dance. Monthly programs included
tech help, theater Thursday, and a walking club. During Q2, Senior Center staff hosted three luncheons
celebrating Halloween, Thanksgiving, and the Holiday
season. Senior Center members enjoyed trips to the
Original Farmer’s Market at the Grove and the
Huntington Library.

7.f. Community Services Programs and
Classes
CS The Department resumed a full array of programs and
day camps in Fiscal Year 2021‐22, including surf, soccer, basketball, tennis, parent, yoga, Pilates, and outdoor
hikes. In Fiscal Year 2022‐23, additional programs will be offered including, youth musical theater, monthly
creative workshops, wilderness survival, and
babysitting 101 for teens.

Over 65 recreation programs took place during Q2
including afterschool programs, aquatic programs, day
camps, enrichment classes, outdoor recreation, and
sports.  New programs included musical theater,
babysitting for teens, and creative workshops for
building succulent arrangements and ice dying fabrics.

The basketball program resumed in Fiscal Year 2022‐
2023 for the first time since March 2020 with 144
participants.

7.g. Poet Laureate Programs and Events CS Since 2017, the Poet Laureate program has continued to expand and promote the literary arts in Malibu.

Various programs and events include writing
workshops, open mic events, Arts in Education
sessions, Verse About Town, and Poetry Anthologies. In
Fiscal Year 2021‐22, the City’s named its fourth Malibu Poet Laureate, Ann Buxie to serve a two‐year term. The
Poet Laureate Committee will remain active and
expand programs in Fiscal Year 2022‐23 by coordinating
additional workshops, two Poetry Anthologies, Poetry
Stones at Legacy Park, researching options for an
established Poetry Path, and more.

Malibu Poet Laureate Ann Buxie organized poetry
writing workshops and open mic events each month at
the Malibu Library in Q2. The Poet Laureate Committee
led Arts in Education programs at Malibu Middle
School, and Distance Learning classrooms with Jolynn
Regan and former Malibu Poet Laureate Ricardo Means
Ybarra. The Arts in Education program will continue in
Q3 at Malibu Elementary and Webster Elementary
School in preparation for the Student Poetry Anthology.

Additional literary programs scheduled in Q3 include a
Call for Artists for the Community Anthology.

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7.h. SMMUSD Master Use Agreement
and Program Partnerships
CS In Fiscal Year 2020‐21, Council approved a new two‐
year Master Use Agreement with Santa Monica‐Malibu
Unified School District (SMMUSD). The renewal of the
Agreement is expected to come before the Council in
Q1 of Fiscal Year 2022‐23, allowing the City to continue utilizing SMMUSD facilities for various programs,
including partnership programs with local youth sports
organizations, and the Boys and Girls Club of Malibu.

The Community Services Department manages all
usage under the Master Use Agreement, including
scheduling of programs, maintaining facility use
calendars, and communicating issues and concerns to
SMMUSD personnel. A significant component of the
Master Use Agreement is the Malibu Community Pool,
which is operated during after‐school hours and on
weekends throughout the year. City Aquatic Programs
are coordinated seasonally, including the SeaWolves
swim team, Masters swim, youth swim lessons, lap
swim, and aqua aerobics. During Fiscal Year 2021‐22,
swim programs were at maximum capacity, and staff
expects similar attendance in Fiscal Year 2022‐23.

Additionally, several City sports programs are held at
SMMUSD facilities throughout the year, including the
youth basketball league, volleyball, tennis, cross
county, soccer, and open gym basketball. These
programs are expected to fully resume following
cancelations or limited offerings due to COVID‐19 in
l h h d
During Q2, the Community Services Department
operated the Malibu Community Pool at Malibu High
School for community use for approximately 275 hours
for aqua aerobics, adult swim conditioning, lap swim,
swim lessons, swim team, and youth water polo
programs.  Malibu Elementary School was also
available on the weekends for general recreation use
and playground access.

7.i. Youth Commission Programs and
Events
CS Council appoints up to 23 local students in grades 7‐12 to serve on the Harry Barovsky Memorial Youth
Commission for a one‐year term. The Commission
coordinates programs and events that benefit Malibu
youth and local non‐profit organizations. Additionally, the Commission provides feedback to the City
regarding youth‐specific projects, such as the
Permanent Skate Park and school district separation. In Fiscal Year 2022‐23, the Commission will resume all in‐ person programs and events such as teen movie nights,
health and wellness events, and career, volunteer
events, and college preparation workshops. The
Commission plans to coordinate new programs
including, an environmental event and a voter
registration drive.

The Youth Commission hosted a community movie
night, canned food drive, holiday toy drive, and created voter registration public service announcements on
social media during Q2. The Commission has voted to
host a Youth Government Summit, health and wellness
event, environmental sustainability program, and life
skills program in Q3.

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7.j. Facility, Parks, and Special Event
Reservations
CS The Community Services Department coordinates over
150 reservations annually for venues owned by the
City, including Malibu Bluffs Park, the Michael Landon
Center, City Hall, vacant properties, and parking lots.

These reservations include large private events, road
race events, such as the Malibu Triathlon and Malibu
5K and Half Marathon, Ride to the Flags, picnics areas, film shoots, and local service and youth sports
organizations’ regular meetings serving more than
25,000 people. Due to the wide variety and large
number of rentals, staff analyzes each request to
determine the type of event, number of attendees, and
any additional approvals needed by the City. Staff then collects fees, verifies insurance documents, provides
day‐of oversight for rentals, and works with the
Planning Department and Malibu Film Office to ensure
proper permits are submitted. In Fiscal Year 2021‐2022, facilities reservations increased significantly following the lifting of COVID‐19 restrictions on in‐person
gatherings. These facility reservations are expected to further increase in Fiscal Year 2022‐23 following the
recent removal of reservation restrictions at City Hall.

The Community Services Department has coordinated
over 30 reservations in the second quarter at City‐
owned properties. Reservations included the LA County
Vote Centers, Christmas Tree Lot, art events, filming,
parking, picnic areas, and local service and youth sports leagues. Staff manages over 10 hours of phone calls
and emails weekly to provide information on rental
inquiries, including availability, rental requirements, and permits.

7.k.1. Community Services Operations ‐
General Operations
CS Community Services Department general operations
include the management and oversight of 11 parks,
facilities, and open spaces within the City, totaling
more than 21,500 operating hours annually. In addition
to nine full‐time staff, the Department hires, trains, and manages over 40 part‐time staff to serve in frontline
roles throughout the City.

The Department has focused its efforts on hiring
additional part‐time staff in Q2. Part‐time staff assists with daily coverage of the Michael Landon Center at
Malibu Bluffs Park, Youth Basketball League,
afterschool programs, sports programs, Senior Center
programs, and special events. At the end of Q2, the
Department met 60% of part‐time staffing demands,
resulting in full‐time staff coverage at various
recreation programs. The Department will continue
promoting and posting job opportunities through
media and recruitment outlets and attending college
job fairs in Q3.

7.k.2. Community Services Operations ‐
Agreements
CS The Department administers approximately 30
agreements for various contractors and consultants,
who perform a variety of maintenance and landscape
services, teach programs, and provide consulting
services for large projects.

The Department released a Request for Proposals for
Custodial Services in Q2. The new professional services agreement for custodial services includes City Hall and City Parks. The custodial contract had previously been
separated into two agreements. Staff continues to
monitor landscape maintenance and security services
for City parks. Over 30 instructors taught a variety of recreation and enrichment programs during Q2.

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7.l. Malibu Community Labor Exchange
Trailer
MS/PW Council authorized the use of Community Development Block Grant (CDBG) funding for the Malibu Community
Labor Exchange (MCLE) operations and temporary
office trailer rental for Fiscal Year 2022‐23. Council also authorized the use of $98,000 in CDBG funding for the
purchase and installation of a permanent trailer for
MCLE. Staff will continue to coordinate with SMC
regarding the schedule of the Malibu Satellite Campus
Project construction, and the permanent trailer project.

In addition, the City’s Trailer Use Agreement with MCLE is set to expire June 30, 2022 and will need to be
extended.

MS: Staff continue to try to work through the issues.  At the October 10, 2022, City Council Meeting, staff were
directed to return to Council with definitive options and recommended direction in an estimated 90 days.  Staff
plan to bring a report back to Council in Q3.

PL ‐ Staff performed research to assess the appropriate entitlement for future use of the labor exchange. Once
determined, staff assisted the applicant with the
submittal process including determining all documents
and fees required and screen checking submittal
documents.

8. IMPROVE AND MAINTAIN CITY PUBLIC INFRASTRUCTURE AND COMMUNITY SPACES

8.a. Tree Maintenance Program PW This project requires the identification of priority tree trimming maintenance in accordance with the citywide
inventory so that the City’s urban forest is protected, the roadways are clear of potential hazards, and
liability to the City is minimized. Staff continues to
maintain the City’s urban forest in accordance with
inventory recommendations. The City’s contractor
completed the tree inventory program in Fiscal Year
2019‐2020 and the City continue to perform annual
tree maintenance based upon the inventory program.

Ongoing

8.b. Routine Street Maintenance
Program
PW City crews maintain the City‐owned streets on a regular and ongoing basis, including but not limited to filling potholes, replacing street signs, and other tasks as
needed to keep the City safe and clean. The program
also includes street sweeping on City‐owned streets
and parking lots, as well as along Pacific Coast Highway (PCH), and maintaining the City’s stormwater drainage
facilities.

Ongoing

8.c. Maintenance, Weed Abatement,
and Trail Management of Parks,
Open Space, and the Civic Center
CS
Staff coordinates and oversees regular maintenance,
weed abatement, and trail management for 11 City‐
owned parks, open spaces, vacant properties, and the
Civic Center area. This work is completed by staff and
contractors for over 650 acres of park and open space
and eight miles of trails. Additionally, Department staff coordinates with the Public Safety office, City
contractors, and the Lost Hills Sheriff’s Station to
complete the regular cleanup of homeless
encampments and trash in City parks.

The contract with the Charmlee Wilderness Park trail
maintenance crew ended on December 31, 2022.

During Q2, the trail crew finished installing water bars for erosion mitigation and cleared the picnic area to
prepare for picnic table installation. Staff continues
monitoring Trancas Field for invasive species, seedlings, tree tobacco, and caster bean growth.

8.d.1. Public Works Department
Operations ‐ Permits
PW The Public Works Department manages the issuance of
encroachment permits, street vending permits,
transportation permits and parking permits and
performs inspections of these permits.

Ongoing

8.d.2. Public Works Department
Operations ‐ Traffic Signal
Maintenance Program
PW Work under this program includes the maintenance
and operation of the City’s traffic signals.

Ongoing
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8.d.3. Public Works Department
Operations ‐ Assessment District
and Community Facilities District
Management
PW The Public Works Department manages the Broad
Beach Road Assessment District (AD 2010‐1), Carbon
Beach Community Facilities District (CFD 2006‐1) and
the Civic Center Water Treatment Facility Phase 1 (AD
2015‐1). Tasks include managing consultants, placing
special assessments on properties within each district, preparing various reports, administering the tax rolls
annually, and issuing delinquency notices when
necessary.

Ongoing

8.d.4. Public Works Department
Operations ‐ Outside Agency and
Utilities Coordination
PW The Public Works Department coordinates with other
agencies and utility providers (e.g., Caltrans, Los
Angeles County Waterworks District 29, Southern
California Edison, etc.) on projects and programs
affecting the City.

Ongoing

8.e. PCH at Trancas Canyon Road Right
Turn Lane
PW This project consists of installing a new westbound
right turn lane at PCH and Trancas Canyon Road.

Funding for this project will be provided from LA
County Measure R and be administered by LA County
Metro Authority. Funding agreement currently in
process. The project design will occur in Fiscal Year
2022‐23.

Project design is at 75%.  It is anticipated that the
project will be submitted to Caltrans in Q3 for their
initial review.

8.f. Cliffside Drive Underground
Assessment District
PW Homeowners on Cliffside Drive east of Fernhill Drive requested their existing utilities be placed
underground. Staff is working with the homeowners in
the development of an assessment district to place the
utilities underground. Initial funding to hire the
required consultants was obtained by the
homeowners.

Waiting for SCE's response

8.g. Stormwater Treatment Facilities
Program
PW/ESD Work under this program includes the maintenance and operation of the City’s two stormwater treatment
facilities: Civic Center Stormwater Treatment Facility
and Paradise Cove Stormwater Treatment Facility. The
program also includes two stormwater pump stations
located on Cross Creek Road and at Malibu Lagoon. ESD
staff continues coordinating with Los Angeles County
for Measure W funds for stormwater treatment
projects.

ESD: No update                                                                  PW ‐ Operation and maintenance continues.  The filter
tanks at Paradise Cove are being refurbished and
repaired.  This work is anticipated to be completed in
Q3.

8.h. Civic Center Water Treatment
Facility (CCWTF) Operations
PW The CCWTF is a centralized water treatment facility that treats and reuses wastewater flows from properties in
the Malibu Civic Center area. The facility was
completed and put into operation in October 2018. The
facility can currently capture and treat up to 200,000
gallons of wastewater daily and convert the water for
irrigation purposes. Staff oversees the ongoing
operations and administration of this $60 million
facility. The operation and maintenance of this facility is funded through rates assessed annually to properties being served by the facility.

Ongoing

8.i. Landslide Assessment District PW The City’s ongoing management of three landslide assessment districts (Malibu Road, Calle de Barco, and
Big Rock Mesa) includes maintaining and operating the
groundwater dewatering equipment and monitoring
groundwater levels and water quality. Work under this
program also includes placing special assessments on
the properties that are receiving the benefit of the
landslide assessment district.

Ongoing.  Assessment district modifications options
have been presented to the HOA.  A final
recommendation on the modification options will be
finalized in Q3.

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8.j. 2021 Annual Street Resurfacing
Program
PW This project includes the design and construction
management of the City’s annual street resurfacing
project. The streets in this project are included in the City’s Pavement Management Plan. This project was
completed in Fiscal Year 2021‐22.

8.k. Michael Landon Center Roof and Air
Conditioning System Repairs
ESD/PW The roof at the Michael Landon Center is deteriorating, leaking, and in need of repairs, which will consist of the installation of new shingles and other underlying
material. Additionally, one of the two commercial air
conditioning systems is over 25 years old and in need of replacement. This project is estimated to be completed
in Fiscal Year 2022‐23.

ESD: No update

8.l. PCH Signal Synchronization Project PW This project will install communication between the existing traffic signals on PCH, from Topanga Canyon
Road to John Tyler Drive, and connect the signals back
to the Caltrans Traffic Management Center, allowing
Caltrans to control and operate the signals and the
signal system remotely. The City acquired consultants
and is managing the design, the permit process with
Caltrans, and the construction phase of the project.

Funding for the design and construction of this project is provided through Measure R funds administered by
LA Metro.

Project was placed out for construction bids in
December 2022.  Bids are due in Q3.

8.m. Permanent Skate Park Design CS/PL/PW In February 2020, Council awarded the professional services agreement for the design of a 12,500 square‐
foot permanent skate park on the east portion of the
Crummer/Case Property adjacent to Malibu Bluffs Park.

Two virtual public design meetings and a community
survey were completed in 2020 before the Preliminary
Design and site amenities were recommended by the
Parks and Recreation Commission for approval by the
City Council. The design will be reviewed by the
Planning Commission before final approval by the
Council. Once approved by the Council, Planning staff
will process the CDP application and corresponding
environmental documents before construction of the
project begins.

CS – Skate Park design contractor, California Skate
Parks, worked on updating the design plans to meet
construction standards for Engineering review. Staff
finalized the Coastal Development Permit paperwork,
which will be submitted to the Planning Department in
Q3 for Planning Commission review in spring 2023. PW ‐
No updates
PL ‐ Staffed assisted the Community Services
Department with its application for a CDP.

8.n. Vehicle Impact Protection Devices PW MMC Section 17.48.070 requires vehicle impact protection devices to be installed for all parking spaces located adjacent to any outdoor pedestrian seating
area. The Vehicle Protection Devices project consists of installing bollard‐type devices at two locations within the City’s right‐of‐way and City‐owned property: One is located on Cross Creek Road, directly in front of the
Taverna Tony restaurant entrance (23410 Civic Center
Way), and the other at the Malibu Coast Animal
Hospital (23431 Pacific Coast Highway).

8.o. Civic Center Stormwater Diversion Str PW This project consists of storm drain improvements in the Civic Center area to promote the flow and
circulation of stormwater into Legacy Park. This project was completed in Fiscal Year 2021‐22 and staff will
continue to monitor the area.

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8.p. PCH Crosswalk Improvements at Big
Rock Drive and 20326 PCH
PW This project was identified in the 2015 PCH Safety Study and includes the installation of overhead warning signs and raised medians on PCH. New flashing warning
beacons will be installed approximately 200 feet east
and west of 20326 PCH (Moonshadow’s Restaurant).

New raised medians, along with a pedestrian refuge
area, are planned for this area. A new overhead
flashing “signal ahead” beacon will be installed 400 feet east of the PCH and Big Rock Drive intersection. New
raised medians will be constructed on PCH near the Big
Rock Drive intersection. Funding for this project is
provided by Measure M Transportation Funds. The
project design will occur in Fiscal Year 2022‐23.

Staff is working on the Metro Funding Agreement.  This
step is anticipated to be completed in Q3.

8.q. Legacy Park Paver Repair
CS/PW
This project consists of the removal and repair of a
large section of pavers on the north side of the Loop
Walkway at Legacy Park. This project was completed in
Fiscal Year 2021‐22 and staff will continue to monitor
the area.

CS ‐ Staff completed facility inspections weekly at
Legacy Park to ensure there were no safety concerns
with the walking path pavers. During Q2 paver repair
work was not required.

8.r. Malibu Bluffs Park South Walkway
Replacement
CS/PW
This project will replace the existing sidewalk located on the south side of Malibu Bluffs Park. Staff has
repaired or replaced several different sections of the
sidewalk over the past several years, but a more in‐
depth repair and releveling of the subsurface is require CS ‐ No update. PW ‐ Project has not started

8.s. Trancas Canyon Park Playground
Resurfacing
CS/PW
This project will remove and replace the upper layer of the current playground pour‐in‐place safety surfacing
at Trancas Canyon Park. The surfacing was installed in
2011 during the construction of the park, and staff has coordinated regular maintenance and several minor
repairs since installation. The surfacing is at the end of its 10‐year life and is need of replacement.

CS ‐ No update. PW ‐ Project has not started

8.t. Marie Canyon Green Streets PW This project was identified in the City’s Enhanced Watershed Management Plan (EWMP) and includes the
installation of biofilters and other stormwater water
quality devices to capture and treat stormwater. The
project is intended to assist with MS4 Discharge Permit requirements. This project is anticipated to be
completed in Fiscal Year 2022‐23.

Project is in construction.  Materials were delivered in late Q2 and will wait until storms are completed to
install the devices.

8.u. Pacific Coast Highway Median
Improvements
PW The project will promote traffic safety by channelizing the highway, regulating turn movements and improving
traffic operations. The project will rehabilitate the
existing medians and shoulders, and will install new
raised medians along PCH from Webb Way to Puerco
Canyon Road. This project is currently in the design
phase with construction anticipated to start
construction in Fiscal Year 2022‐23.

Project bids were received and exceeded the available
budget.  Council rejected all bids and staff is exploring ideas to reduce the project scope or to find additional Metro funding.

8.v. Westward Beach Road Repairs PW This project consists of making pavement repairs in the existing beach side shoulder area. The beach side
repairs shall not extend beyond 11 feet from the City's right of way. This project was initially funded using
Metro Measure M Active Transportation funds. Due to
the City Council's scope of work change, this fund will not be available for the project.

Project has not started
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8.w. Bluffs Park Shade Structure CS/PW This project consists of the installation of four single‐ post shade structures at Malibu Bluffs Park. Two of the shade structures will be located at the Michael Landon
Center playground and the other two are located at the
baseball field picnic area. The project will be funded
through the City’s Proposition A Park Funds. This
project is anticipated to be completed in Fiscal Year
2022‐23.

Project is completed

8.x. Median Improvements at Paradise
Cove and Zuma Beach
PW The project scope includes both the installation of new raised medians and improvements to existing raised
medians along Pacific Coast Highway (PCH) at the
following locations: 1) from the intersection of Latigo Canyon Road to the intersection of Kanan Dume Road;
2) the intersection of Paradise Cove Road; and 3) from
the intersection of Busch Drive to the intersection of
Trancas Canyon Road. This project was identified in the 2015 Pacific Coast Highway (PCH) Safety Study and will
be funded by Los Angeles County Measure M
administered by LA Metro.

Project funding agreement is being reviewed by Metro.

Once Metro completes their review, the agreement will
be sent to Council for approval.

8.y. Triangle Lot at the Intersection of
Civic Center Way and Webb Way
MS/PL In September 2018, the City purchased the Triangle Lot property with funding provided by Los Angeles County
Measure R and Measure M administered by LA Metro
for the purpose of developing a shared use park and
ride facility on the site. In order for the property to be developed as such, the City must adopt amendments to
the LCP and MMC to allow parking as a standalone use
at the location. On May 13, 2021, Council considered an ordinance to allow stand‐alone surface parking lots in
the Commercial General (CG), Community Commercial
(CC), and Commercial Neighborhood (CN) zoning
districts as a conditionally permitted commercial use
citywide which would include the Triangle Lot. Council
voted not to adopt the proposed amendments and
directed staff to work with the Zoning Ordinance
Revisions and Code Enforcement Subcommittee
(ZORACES) to review the City’s funding agreement with
LA Metro, specifically the shared‐use park and ride
requirements, to develop recommendations for the
property going forward.

PL ‐ No update.

8.z. 2022 Annual Street Maintenance PW This project includes the design and construction management of the annual street maintenance project.

The City’s Pavement Management Plan identifies the
streets to be resurface to maintain the City’s overall
pavement condition index of 75. This project will
include resurfacing Morning View Drive and includes
various storm drainage improvements. It is anticipated
that the project will be in construction during Fiscal
Year 2022‐23.

Project design is at 80%.  It is anticipated that the
design will be completed in Q3.  The proposed storm
drain improvements will be sent to LACFCD for review.

8.aa City Traffic Signals Backup Power PW This project will include upgrading the backup power system to the City’s traffic signals at Civic Center
Way/Webb Way, Civic Center Way/Winter Canyon
Road, and Civic Center Way/Malibu Canyon Road. The
project design will occur in Fiscal Year 2022‐23.

Project has not started
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8.bb Malibu Canyon Road Traffic Study PW This project will consist of a traffic study on Malibu Canyon Road near Harbor Vista Drive and Potter Lane
to determine if any feasible traffic safety improvements can be constructed at this location. Funding for this
project will be from STPL funding administered by
Metro. During Fiscal Year 2022‐2023, staff will be
finalizing the project funding from Metro and will begin the traffic study.

Funding for this project requires a funding agreement
from Metro.  Staff is finalizing the agreement and is
anticipated that the agreement will be ready for
Council in Q3.

8.cc PCH Utility Undergrounding PW This project consists of undergrounding the existing overhead utilities on PCH from the easterly city limits to Trancas Canyon Road. This project will improve safety
on PCH and will provide a more reliable power source
for the traffic signals on PCH during SCE’s Power Safety Power Shutoff’s. During Fiscal Year 2022‐23, staff will be applying for project funding from the Federal
Infrastructure Bill.

Potential grants will be available in Q3

8.dd PCH at Las Flores and Rambla
Pacifica Intersection Improvements
PW This project was identified in the 2015 PCH Safety Study and includes making various safety improvements at
the Las Flores Canyon Road and Rambla Pacifico Street
Intersection. This project will be coordinated with other Caltrans projects planned for this intersection. Funding for this project could be provided through Metro
Measure M Transportation funds. During Fiscal Year
2022‐23, staff will be working with Metro to initiate the funding approval and will begin the preliminary design
in coordination with Caltrans
No update

8.ee PCH Improvement from City Limits
to Cross Creek Road
PW This project includes reconfiguring the existing travel lanes on PCH from Cross Creek Road to the eastern City
limits. The center median and travel lanes will be
reduced to add additional room to accommodate wider
bike lanes and where applicable, construct other
improvements to promote an additional safety
separation between vehicles and cyclists. During Fiscal Year 2022‐23, staff will be applying for project funding from the Federal Infrastructure Bill.

Potential grants will be available in Q3

8.ff Pedestrian Signal at 22523 PCH PW This project consists of replacing the existing pedestrian flashing beacon with a new pedestrian
traffic signal at 22523 PCH. Funding for this project
could be provided through Metro Measure M
Transportation funds. During Fiscal Year 2022‐23, staff will be working with Metro to initiate the funding and
will begin the preliminary design.

No update
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8.gg Malibu Bluffs Park Facility
Improvements
CS/PW This project consists of several improvement projects at Malibu Bluffs Park, including upgrades to the Michael
Landon Center, a redesign of the Majors Field irrigation system, and the installation of large boulders to serve as bollards. The Michael Landon Center upgrade will
install large mirrors and workout rails in the Activity Room, allowing the City to host additional workout and
dance classes at Malibu Bluffs Park. The Majors Field
Irrigation Redesign will replace the current infield
irrigation system to provide better coverage of the
infield, eliminating the need for costly annual turf
renovations. The installation of large decorative
boulders at strategic locations will serve as bollards, providing additional safety to park patrons by
preventing unauthorized vehicular access.

CS ‐ New laminate flooring was installed in the
entryway and activity room during Q2. The recent
upgrades to the Michael Landon Center have eased the
transition from the City Hall dance room to the Michael Landon Center. A contractor was selected to design
new irrigation plans for the Majors Baseball Field, and work will begin in Q3. Additionally, staff completed the initial research for the bollards project and will
determine the next steps for the project in Q3.

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