Agenda Item # 4.A.
Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Yolanda Bundy, Environmental Sustainability Director/Building Official Approved by: Steve McClary, City Manager
Date prepared: March 23, 2023 Meeting date: April 10, 2023 Subject: Adoption of Ordinance No. 504 - Los Angeles County Fire Code RECOMMENDED ACTION: 1) Conduct the Public Hearing; and 2) Conduct the second reading, unless waived, and adopt Ordinance No. 504, adopting by reference Title 32 of the Los Angeles County Code, which incorporates the California Fire Code, 2022 Edition, as amended; adopting local amendments to said code; ratifying the Consolidated Fire Protection District of Los Angeles County’s Building Standards contained in Title 32, as amended; and finding the action exempt from the California Environmental Quality Act.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
WORK PLAN: This item was included in the Adopted Work Plan for Fiscal year 2022- 2023 and is part of normal staff operations.
DISCUSSION: On March 13, 2023, the City Council introduced on first reading Ordinance No. 504 and directed staff to schedule the second reading and public hearing for April 10, 2023.
The State adopts the California Building Standards Code (CBSC), every three (3) years.
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 efficient and locally applicable regional building standards.
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Agenda Item # 4.A.
Accordingly, on January 9, 2023, the City Council adopted Ordinance No. 503, adopting various titles of the Los Angeles County Code that incorporate the 2022 CBSC, as amended for the Los Angeles basin. At that time, the Board of Supervisors had not yet adopted regional amendments to the state building standards relating to fire protection and safety.
Effective January 31, 2023, the Los Angeles County Board of Supervisors adopted Title 32 (Fire Code) of the Los Angeles County Code, which incorporates the 2022 Edition of the California Fire Code with local modifications. The Board of Supervisors serves as the governing body of the Consolidated Fire Prevention District of Los Angeles County (District) and also adopted Title 32 in that capacity. Pursuant to section 13869.7 of the California Health and Safety Code, the District may, and does, adopt building standards relating to fire safety that are more stringent than the standards adopted by the State.
The District’s ordinance must be ratified by each jurisdiction in which the ordinance will apply, and any modification or denial of the District’s ordinance must include a written statement describing the reasons for the modification or denial. Local modifications to substantive building standards must also be more stringent than the requirements of the State Fire Code and reasonably necessary because of local climatic, geological, or topographical conditions.
As a party to the District, Malibu regularly adopts the County Fire Code (Title 32) with an administrative amendment pertaining to local penalties for code violations. This ratification cycle, the City will also adopt a local amendment pertaining to the Council’s adoption of Ordinance No. 452 on October 28, 2019. Ordinance No. 452 amended the Malibu Fire Code to make entering on properties closed to the public a trespass and to provide for personal notice of such closure when posting signs would be impractical. The amendment applies to lands in a wildfire risk area or in a Very High Fire Hazard Severity Zone (VHFHSZ) closed to the public by the fire code official at the request of the owners.
Malibu modeled its ordinance on similar measures adopted by the City of Los Angeles to mitigate the risk of wildfire in its VHFHSZ. The City’s proposed modifications to Title 32 are thus more restrictive than the requirements of the State Fire Code and reasonably necessary to address Malibu’s risk of wildfire as a jurisdiction lying wholly within the VHFHSZ.
ALTERNATIVES: No alternatives are recommended. The City adopted the 2022 California Fire Code on January 9, 2023, along with the 2022 CBSC. Now that Los Angeles County has adopted its new Fire Code, staff has reviewed the County’s amendments to the State Fire Code and recommends adopting the County Fire Code by reference rather than continue to rely upon the unmodified State Fire Code.
ATTACHMENTS:
1. Ordinance No. 504
2. Notice of Public Hearing
ATTACHMENT 1
ORDINANCE NO. 504
AN ORDINANCE OF THE CITY OF MALIBU ADOPTING BY
REFERENCE TITLE 32 OF THE 2023 LOS ANGELES COUNTY
CODE, AS AMENDED, INCORPORATING THE CALIFORNIA
FIRE CODE, 2022 EDITION, AND RATIFYING THE
CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS
ANGELES COUNTY’S BUILDING STANDARDS CONTAINED
IN TITLE 32, AS AMENDED, AND FINDING THE ACTION
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
The City Council of the City of Malibu does hereby ordain as follows:
SECTION 1. Section 8.12.010 of the Malibu Municipal Code is hereby amended to read as follows:
“8.12.010 Adoption of Fire Code. Except as hereinafter provided, Title 32, Fire Code, of the Los Angeles County Code, as amended and adopted on January 31, 2023, and in effect on March 2, 2023, adopting the California Fire Code, 2022 Edition (Part 9 of Title 24 of the California Code of Regulations) is hereby incorporated herein by reference as if fully set forth below, and shall be known and may be cited as the Fire Code of the City of Malibu.
In the event of any conflict between provisions of the California Fire Code, 2022 Edition, Title 32 of the Los Angeles County Code, or any amendment to the Fire Code contained in the Malibu Municipal Code, the provision contained in the latter-listed document shall control.
A copy of Title 32 of the Los Angeles County Code and the California Fire Code, 2022 Edition, have each been deposited in the office of the City Clerk of the City of Malibu and shall be at all times maintained by the City Clerk for use and examination by the public.” SECTION 2. Section 8.12.020 of the Malibu Municipal Code is hereby amended to read as follows:
“8.12.020 Violation—Penalty. Every person violating any provision of Title 32 of the Los Angeles County Code and appendices, adopted by reference by Section 8.12.010, or of any permit or license granted thereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor. Upon conviction thereof he or she shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment not to exceed six months, or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense.”
SECTION 3. Ratification of Building Standards.
Pursuant to Health and Safety Code section 13869.7, subdivision (a), as part of its amendments to Title 32 (Fire Code), the Consolidated Fire Protection District of Los Angeles County proposed building standards relating to fire and panic safety that are more stringent than those building standards adopted by the State Fire Marshal and contained in the California Building Code. District amendments that constitute more restrictive building standards must be ratified by the Ordinance No. 504
____________________
City in order for those amendments to be enforceable within the City’s jurisdiction. Pursuant to Health and Safety Code section 13869.7, subdivision (c), by adoption of this ordinance, the City Council hereby ratifies the building standards included within the ordinance amending Title 32 (Fire Code) adopted by the Board of Supervisors on January 31, 2023.
SECTION 4. Severability.
Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause, and phrase hereof would have been prepared, proposed, approved, and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 5. Effective Date.
This Ordinance shall take effect on 30 days after its final adoption, and shall apply to all projects submitted to the City for plan check and/or permit application on or after that date.
SECTION 6. California Environmental Quality Act.
This Ordinance has been determined to be exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3) because it is not a project that has the potential for causing a significant effect on the environment.
SECTION 7. Certification.
The City Clerk shall certify the adoption of this ordinance and enter it into the book of original ordinances. The City Clerk shall file a certified copy of this Ordinance with the California Building Standards Commission. The City Clerk shall also file a copy of the findings of the Consolidated Fire Protection District of Los Angeles County, together with the ordinance amending Title 32 (Fire Code) adopted by the Board of Supervisors on January 31, 2023, with the Department of Housing and Community Development.
PASSED, APPROVED AND ADOPTED this _______ day of ________________, 2023. ______________________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
____________________________
KELSEY PETTIJOHN, City Clerk
(seal)
Date: ______________________
Ordinance No. 504
____________________
APPROVED AS TO FORM:
____________________________
TREVOR RUSIN, Interim City Attorney
ATTACHMENT 2
NOTICE OF PUBLIC HEARING
CITY OF MALIBU
CITY COUNCIL
The Malibu City Council will hold a public hearing on MONDAY, April 10, 2023, at 6:30 p.m. on the item listed below in the Council Chambers at Malibu City Hall, located at 23825 Stuart Ranch Road, Malibu, CA, and via teleconference.
Public comment can be submitted ahead of the public hearing to [email protected] for inclusion in the public record. To view and participate during the public hearing, please review the meeting agenda posted at MalibuCity.org/AgendaCenter and follow the directions for public participation.
CALIFORNIA FIRE CODE
AN ORDINANCE OF THE CITY OF MALIBU ADOPTING BY
REFERENCE TITLE 32 OF THE 2023 LOS ANGELES COUNTY
CODE, WHICH INCORPORATES THE 2022 EDITION OF THE
CALIFORNIA FIRE CODE, AS AMENDED; ADOPTING LOCAL
AMENDMENTS TO SAID CODE; RATIFYING THE CONSOLIDATED
FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY’S
BUILDING STANDARDS CONTAINED IN TITLE 32, AS AMENDED;
AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
IF YOU CHALLENGE THE CITY COUNCIL’S ACTION IN COURT, YOU MAY BE LIMITED TO
RAISING ONLY THOSE ISSUES RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS
NOTICE, OR OTHERWISE HELD BY THE CITY, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY, EITHER AT OR PRIOR TO THE PUBLIC HEARING.
If there are any questions regarding this notice, please contact Environmental Sustainability Director Bundy at (310) 456-2489, ext. 229. 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. _______________________________
Yolanda Bundy, Environmental Sustainability Director
Publish Date: March 23, 2023, March 30, 2023, and April 6, 2023
Agenda Item # 6.A.
Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Susan Dueñas, Public Safety Director
Approved by: Steve McClary, City Manager
Date prepared: March 22, 2023 Meeting date: April 10, 2023 Subject: Homelessness Task Force Recommendations Regarding Public Safety and Public Outreach
RECOMMENDED ACTION: 1) Review a report from the Homelessness Task Force (Task Force) that includes recommendations for public safety and public outreach; and 2) Provide direction to staff.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
WORK PLAN: This item was included as part of 1.l. and 1.m. in the Adopted Work Plan for Fiscal Year 2022-2023.
DISCUSSION: During the March 21, 2023, Task Force Regular Meeting, the Task Force unanimously voted to present the Fire, Health, and Public Safety Ad Hoc Committee Report (attached) to the City Council. The report addresses the Task Force Charter assignment to “develop a plan to mitigate public safety and environmental impacts, particularly fires related to homeless encampments,” and includes the following recommendations:
• Prioritize securing emergency shelter beds with the $100,000 appropriated at the August 8, 2022 City Council Meeting.
• Continue to seek emergency shelter beds reserved exclusively for the City’s use. • Continue to support LASD in their enforcement of all codes (Municipal, Vehicular, Camping, Pedestrian) and to vigorously provide the help necessary to overcome the court mandated legal requirements of enforcement.
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• Confirm that the issue of people living in vehicles within the Malibu community is within Task Force charter to address.
The last recommendation is meant to clarify the boundaries of the Task Force Charter.
Some members of the Task Force have noticed what appears to be a shift in more unhoused individuals living in vehicles as opposed to outdoors. The Task Force is interested in analyzing this issue to come up with strategies to address it, including looking at our current parking restrictions and enforcement but is seeking clarification as to whether this is part of their existing Charter or if a new Charter assignment would need to be added.
In addition, the report makes recommendations on multiple public outreach and education actions that can be taken to better involve the community in the City’s homelessness efforts.
ATTACHMENTS: Fire, Health, and Public Safety Ad Hoc Committee Report Fire, Health & Public Safety Ad Hoc & Public Outreach
Observations & Recommendations
February 2023 revised (September 13, 2022)
Submitted by: Kelly Pessis, Scott Dittrich and Terry Davis After months of observation, investigation and consolidation, the Fire, Health and Public Safety Ad Hoc (FHS Ad Hoc) committee recommends that the Homelessness Task Force make the following recommendations to the City Council. Please note that they are separated into two categories:
• Fire, Health & Public Safety
• Public Outreach & Education
The FHS Ad Hoc found that public outreach and education is a natural offshoot of public safety, therefore it has been included it in this report.
Fire, Health & Safety recommendations:
1. Prioritize securing EMERGENCY shelter beds with the $100,00.00 that was appropriated at the August 8, 2022 City Council Meeting. These beds are needed to support the Los Angeles County Sheriff’s Department’s (LASD) ability to enforce the “no camping ordinance” in all of Malibu. We believe that the City Council understands the necessity of procuring the emergency beds and we are grateful for the interim beds being provided through the Los Angeles County Measure H Grant and The People Concern. However, emergency shelter beds are “low-barrier” and do not require the extensive intake process or an agreement to enroll in comprehensive services that is needed for the interim beds. Emergency shelter beds facilitate the expedited removal of encampments in the hillsides, especially during high wind and fire conditions. It is therefore recommended that City staff continue to procure emergency shelter beds reserved exclusively for the City’s use.
2. Continue to support LASD in their enforcement of all codes (Municipal, Vehicular, Camping, Pedestrian) and to vigorously provide the help necessary to overcome the court mandated legal requirements of enforcement.
3. Given the increase in the number of people living in their vehicles within the Malibu community, the Task Force asks the City Council to confirm that this population is within its Charter to address and seek solutions in collaboration with City staff, LASD and homeless service providers.
Public Outreach & Education
While most of the communities surrounding Malibu have seen an increase in the numbers of individuals experiencing homelessness, Malibu has had great success resulting in individuals being housed, and an overall reduction in our Point in Time (PIT) counts, 3 years in a row.
It is the FHS TF belief that educating the community as to all that Malibu is doing, and accomplishing to alleviate homelessness will encourage community effort and foster collaboration. We ask the Task Force to recommend to the City Council that they direct staff to move forward with as many of the following actions as soon as possible.
1. Host a community meeting and possibly hire a neutral facilitator to both provide information regarding what is being done and solicit public feedback.
2. Design and administer an ongoing Social Media Campaign (possibly public/private) engaging all media and promoting success stories.
3. Offer opportunities for volunteering and designate space to do so.
4. Supply handouts and Outreach business cards to businesses and individuals with proper information as to how to properly direct their efforts to assist those in need. (Staff is currently working on an update of a pre-COVID handout)
5. Create community bulletin boards both physical and digital.
6. Revisit and update (again) the Homelessness Strategic Plan = Community Action Plan.
7. Encourage the City Council to track and support state and federal bills (e.g. SB 1338 Care Court) that address the medical and mental health needs of the unhoused and provide housing and funding opportunities.
We commend the City, the Public Safety Commission, the Public Safety Commission, Captain Seetoo and the LASD, Mark Russo and the Volunteers on Patrol, our City Manager, Steve McClary, our Outreach Workers, faith based organizations, non - profits and the volunteers for their concerted efforts and success in reducing and controlling the trials and tragedies of homelessness. We also want to acknowledge the City’s Public Safety Director, Susan Duenas and Public Safety Liaison, Luis Flores for their efforts in coordinating outreach, working with LA County and the Las Virgenes-Malibu COG to procure funding, and to all who work tirelessly to help and house those in need.
Agenda Item # 6.B.
Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Susan Dueñas, Public Safety Director
Approved by: Steve McClary, City Manager
Date prepared: March 22, 2023 Meeting date: April 10, 2023 Subject: Review of Homelessness Task Force Charter Progress RECOMMENDED ACTION: 1) Review the Homelessness Task Force Charter progress on completing the Charter assignments; 2) Review options to address issues the Task Force is having to meet quorum; and 3) Identify next steps.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
WORK PLAN: This item was included as part of 1.k., 1.l. and 1.m. in the Adopted Work Plan for Fiscal Year 2022-2023.
DISCUSSION: On July 21, 2021, the City Council held a Special Meeting to discuss issues related to homelessness and adopted Resolution No. 21-43 (Attached) which established the Homelessness Task Force (Task Force) and its Charter. Since August 2021, the Task Force has met monthly and has taken the following actions toward completing the six assignments that comprise the Charter:
Review the Homelessness Strategic Plan goals and objectives:
• March 15, 2022 – Members of the Strategic Plan Review Ad Hoc Committee presented draft revisions to the Strategic Plan Goals and Objectives. The Task Force provided input and edits and moved to continue the discussion to a future meeting for final approval.
• April 19, 2022 – The Task Force Strategic Plan Review Ad Hoc Committee presented the revised Homelessness Strategic Plan Goals and Objectives. The Task Force voted in favor of submitting it to the City Council. The motion was carried City Council Meeting
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6-0-1, Task Force Member Dittrich abstaining, and Vice Chair Winokur, Task Force Member Benton, and Task Force Member Sampson absent.
• March 21, 2023 – The Task Force voted to review the Strategic Plan again before sending it to the City Council for adoption.
Review the concept, need and possible implementation of an Alternative Sleeping Location (ASL):
• February 1, 2022 – The ASL and Temporary Services Ad Hoc Committee presented a proposed ASL Recommended Action Plan. The Task Force voted in favor of approving the Plan, with amendments, for submittal to the City Council. The question was called, and the motion carried 9-1, Task Force Member Sampson dissenting.
• April 19, 2022 – In response to a recommendation by the City Council to pursue an ASL outside of the City without using City funds, the Task Force voted in favor of providing a recommendation to the City Council to direct staff to pursue the option of securing beds at existing homeless facilities with the use of City funds. The question was called, and the motion carried 6-0, Vice Chair Winokur and Task Force Member Benton, Task Force Member Cohen, and Task Force Member Sampson absent.
Develop a plan to mitigate public safety and environmental impacts, particularly fires related to homeless encampments:
• November 16, 2021 – The Task Force received a report from the Fire, Health, and Public Safety Ad Hoc Committee that outlined the current enforcement of existing municipal codes, implementation of standardized reports, and the use of coordinated, multi-disciplinary/multi-agency actions for the reduction of incidents of arson, encampment fires, environmental degradation, and crime that can be attributed to the City’s homeless/unhoused population. By consensus, the Task Force continued the item to a future meeting for further discussion. • May 17, 2022 – The Task Force received a revised report from the Fire, Health, and Public Safety Ad Hoc Committee. No action was taken.
• September 20, 2022 – The Task Force Regular Meeting agenda included a report from the Fire, Health, and Public Safety Ad Hoc Committee. This item was continued upon approval of the agenda.
Agenda Item # 6.B.
• October 18, 2022 – The Task Force received a report from the Fire, Health, and Public Safety Ad Hoc Committee. The Task Force voted to recommend to the City Council that it: 1) In advance of the fire season, request that the Sheriff’s Department enforce any and all laws on the books, including but not limited to Malibu Municipal Code (MMC) Section 9.08.090, Camping, lodging, sleeping overnight on public property, MMC Section 10.19.020, Overnight parking, and MMC Section 10.18, Oversize vehicles, and utilize the crime suppression car for this purpose; and 2) allocate funds to secure emergency beds for the homeless. • January 17, 2023 – The Task Force Regular Meeting agenda included an item asking whether it wanted to submit to the City Council the revised Fire, Health, and Public Safety Ad Hoc Committee report presented at the October 18, 2022 Homelessness Task Force Regular meeting. The item was continued to the February 21, 2023 meeting for discussion, but was withdrawn from the agenda prior to the meeting due to Ad Hoc Committee Member absence. The item was then moved to the March 21, 2023 meeting for discussion.
• March 21, 2023 – During the Task Force Regular Meeting, the Fire, Health, and Public Safety Ad Hoc Committee presented a revised Fire, Health, and Public Safety Report and requested approval from the Task Force to submit the report to the City Council. The Task Force moved to approve the report, which is now scheduled for presentation to the City Council at the April 10, 2023 Regular Meeting. The Task Force also agreed that this report would replace the recommendation that was made on October 18, 2022.
Explore new ideas to address homelessness, research strategies used by other jurisdictions, and identify best practices that could be implemented in Malibu:
• On December 9, 2021, members of the Task Force visited the Wilmington tiny home village
• On January 13, 2021, members of the Task Force visited the City of Redondo Beach tiny home village
• On January 20, 2022, members of the Task Force visited the City of Baldwin Park tiny home village
• On January 17, 2023, representatives from the City of Santa Barbara provided information about what their City has done to address homelessness Develop a robust public engagement and outreach plan to obtain community input on proposed strategies to protect the health, safety and welfare of the community from the dangers of homelessness and provide assistance to Malibu residents experiencing homelessness:
Agenda Item # 6.B.
• June 21, 2022 – The Task Force Regular Meeting agenda included an item to discuss the development of a Public Engagement and Outreach Plan. The Task Force voted to table this item until the Fire, Health, and Public Safety Ad Hoc Committee made its presentation in July 2022. (The Fire, Health, and Public Safety Ad Hoc Committee did not make a presentation in July.)
• August 23, 2022 – At a Special Meeting of the Task Force, the Task Force established a Public Engagement and Outreach Plan Ad Hoc Committee. However, appointments to the Committee were continued until the Fire, Health, and Public Safety Ad Hoc Committee could present its report since it was determined that suggestions for engaging the community were expected to be part of that presentation.
• October 18, 2022 - The Task Force Regular Meeting agenda included an item to discuss the development of a Public Engagement and Outreach Plan. The item was continued to a future meeting.
• January 17, 2023 – The Task Force Regular Meeting agenda included an item to discuss the development of a Public Engagement and Outreach Plan. The item was continued to the February 21, 2023 meeting for discussion, where it was pushed to the March 21, 2023 meeting.
• March 21, 2023 – During the Task Force Regular Meeting, the Task Force opted not to make any appointments to the Public Engagement and Outreach Plan Ad Hoc Committee and instead assigned the development of a Public Engagement and Outreach Plan to the Fire, Health, and Public Safety Ad Hoc Committee.
Make recommendations to the City Council on all of the above • March 24, 2022 – At a City Council Special Meeting, the Council reviewed the ASL Recommended Action Plan approved by the Homelessness Task Force on February 1, 2022, and directed the Task Force to pursue the establishment of an ASL outside of the City using non-City funding sources. • August 8, 2022 – City staff presented to the City Council the Task Force recommendation to pursue beds at an existing facility outside of the City as a means of reducing the risk of fires associated with people experiencing homelessness.
Upon approval of the recommendation, the City Council further authorized the expenditure of up to $100,000 per year to secure up to three homeless shelter beds for a period of twelve months.
Agenda Item # 6.B.
• April 10, 2023 – City staff is scheduled to present the Fire, Health, and Public Safety Ad Hoc Committee Report approved by the Task Force on March 21, 2023 to the City Council, outlining multiple recommendations that include the procurement of emergency shelter beds, continued support of LASD in their enforcement of Malibu Municipal Codes, and potential public engagement and outreach efforts.
Since the August 8, 2022 City Council Meeting, staff issued a Request for Proposals (RFP) for Interim Shelter Beds, resulting in one submission from The People Concern (TPC).
The TPC proposal provided the option of reserving three bed units at its interim housing facility, Turning Point, in Santa Monica. In November 2022, staff was notified that a request to have the interim shelter bed funded by a Los Angeles County Measure H grant through the Las Virgenes-Malibu Council of Governments (COG) was being approved. The finalized contract between the COG and Los Angeles County was finalized on February 17, 2023 – TPC and the COG entered into an Interim Housing Bed Agreement that reserves three interim shelter units exclusively for the City’s use from March 1, 2023 to February 28, 2024 with an option to renew based on mutually agreeable terms between the parties. The COG will pay TPC $87,600 for the term of the agreement.
Task Force Review of Charter Progress
During the March 21, 2023 Task Force Regular Meeting, the Task Force reviewed their progress and determined that all but one of the assignments were still in process. The only assignment that they determined was complete was “Review the concept, need and possible implementation of an Alternative Sleeping Location (ASL).” In addition, the Task Force requested the following be added to their Charter:
• Seek solutions in collaboration with City staff, LASD and homeless service providers to address the increase in the number of people living in vehicles within the Malibu community.
In addition, concerns were raised about the ability of the Task Force to meet quorum following the resignation of Task Force Members Bill Winokur, Deborah Benton, and Chris Frost. The Task Force was established as a 10-member body and is currently at seven members. Additionally, staff is concerned that difficulties with meeting quorum will increase when in-person meetings resume.
Staff Recommendation
At this time, staff recommends that the City Council consider the following options to address the challenge the Task Force is having with meeting quorum:
• Leave the Task Force as is and assign new members to fill the vacant positions. • Reduce the Task Force’s size to enable quorum to be met more easily when in-person meetings resume.
• Disband the Task Force.
Agenda Item # 6.B.
• Disband the Task Force and direct staff to establish an Advisory Council comprised of staff appointed community members to review and recommend homelessness efforts moving forward. An Advisory Council with staff appointed members is not subject to the Brown Act and would therefore not be required to meet quorum.
In addition, if appropriate, staff recommends that the City Council review the progress on the Charter assignments and determine if the Charter needs to be modified to include the additional assignment proposed by the Task Force to address the issue of people sleeping in vehicles.
ATTACHMENTS:
1) Resolution No. 21-43
RESOLUTION NO. 21-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
ESTABLISHING THE HOMELESSNESS TASK FORCE AND CHARTER
The City Council of the City of Malibu does hereby find, order and resolve as follows:
SECTION 1. Recitals.
A. The City has endeavored to proactively approach the issue of homelessness within the City by promoting the identification and coordination of available services. In 2017, the City began contracting for homeless outreach services and through this effort has succeeded in moving dozens of individuals into temporary and permanent housing.
B. Despite the many successes, homelessness remains a concern in the City, the County and the Nation. Homeless count numbers in Malibu have not decreased in the past five years. Brush fires stemming from homeless encampments have increased dramatically, with at least 10 to date in 2021.
C. To address these and other issues related to homelessness, the City Council approved the establishment of a Homelessness Task Force at its Regular meeting on July 12, 2021.
D. The Task Force will review current plans and efforts related to homelessness and make recommendations to the City Council.
E. The Task Force will explore new ideas to address issues related to homelessness, research different strategies used by other jurisdictions, identify best practices that could be implemented in Malibu, and make recommendations to the City Council.
F. The Task Force will prioritize ideas and strategies that mitigate public safety impacts on the community.
SECTION 2. The City Council hereby creates the Homelessness Task Force, composed of 10 members who reside or work in the 90265 zip code, with two (2) members appointed by each City Councilmember.
SECTION 3. The Charter for the Homelessness Task Force shall include: 1) Review the draft updated goals and objectives of the Homelessness Strategic Plan; 2) Review the concept, need and possible implementation of an Alternative Sleeping Location (ASL); 3) Develop a plan to mitigate public safety and environmental impacts, particularly fires related to homeless encampments; 4) Explore new ideas to address homelessness, research strategies used by other jurisdictions, and identify best practices that could be implemented in Malibu; 5) Develop a robust public engagement and outreach plan to obtain community input on proposed strategies Resolution No. 21-43
_____________________
to protect the health, safety and welfare of the community from the dangers of homelessness and provide assistance to Malibu residents experiencing homelessness; and 6) Make recommendations to the City Council on all of the above.
SECTION 4. The Task Force will meet at least once monthly on a day and time of its members’ choosing and will determine its own organizational structure, including a Chair, Vice Chair and subcommittees or ad hoc committees, as needed.
SECTION 5. The Task Force will provide updates at the first City Council Regular meeting following each Task Force meeting and make recommendations to the City Council as appropriate.
SECTION 6. 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 21st day of July 2021. _____________________________
PAUL GRISANTI, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, Acting City Clerk
(seal)
APPROVED AS TO FORM:
_________________________________
JOHN COTTI, Interim City Attorney
I CERTIFY THAT THE FOREGOING RESOLUTION NO. 21-43 was passed and adopted by the City Council of the City of Malibu at the Special meeting thereof held on the 21st day of July 2021 by the following vote:
AYES: 5 Councilmembers: Farrer, Pierson, Uhring, Silverstein, Grisanti NOES: 0
ABSTAIN: 0
ABSENT: 0
Resolution No. 21-43
_____________________
__________________________________
KELSEY PETTIJOHN, Acting City Clerk
(seal)
Agenda Item # 6.C.
Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Kristin Riesgo, Acting Community Services Director Approved by: Steve McClary, City Manager
Date prepared: March 23, 2023 Meeting date: April 10, 2023 Subject: Malibu Farmers Market Fee Waiver
RECOMMENDED ACTION: Consider whether to approve the request from the Cornucopia Foundation to waive the facility use and permit fees for Malibu Farmers Market parking at the Ioki Property.
FISCAL IMPACT: Waiving the facility use and permit fees will result in a loss of revenue of $29,091 for Fiscal Year 2022-2023 in Account Numbers 100-0000-3461-00 (Municipal Facility Use Fees) and 100-0000-3421-00 (Planning Review Fees); and $42,120 for Fiscal Year 2023-2024 in Account Number 100-0000-3461-00 (Municipal Facility Use Fees). Events generate revenue for the City, and waiving these associated fees limit potential revenue.
WORK PLAN: This item was not included in the Adopted Work Plan for Fiscal Year 2022-2023.
DISCUSSION: The Cornucopia Foundation (Foundation) has served the Malibu community for over 20 years by coordinating the Malibu Farmers Market and providing residents with fresh and healthy food options. The Malibu Farmers Market is in the Civic Center area, with over 25 vendors every Sunday.
The Malibu Farmers Market has operated at the County of Los Angeles (County) property near the Malibu Library since 2000. Due to spacing and parking issues on the County property in addition to Santa Monica College satellite campus construction, Council approved relocating the event to Legacy Park through July 2, 2023 and waived $22,031 in fees for Fiscal Year 2022-2023 and up to $900 in fees for Fiscal Year 2023- 2024. As part of the approval, Council requested financial documents from the Foundation for future fee waiver requests.
City Council Meeting
04-10-23
Item
6.C.
Agenda Item # 6.C.
On December 13, 2021, Council approved an amendment to Title 17 of the Malibu Municipal Code (Ordinance No. 495) to extend temporary Farmers Market parking on the Ioki Property. Ordinance No. 495 expires once the Certificate of Occupancy is issued for Santa Monica College or on January 1, 2024. As part of the approval process, the Foundation submitted a Temporary Use Permit (TUP) for the Ioki Property, which expired on February 19, 2023.
On January 12, 2023, the Foundation submitted a TUP to extend the use of the Ioki Property through January 1, 2024. The Foundation is requesting a 100% fee waiver and submitted financial documentation (Attachment 1).
The fees associated are 19 days of event parking in Fiscal Year 2022-2023 include the following:
The fees for Fiscal Year 2023-2024 include 27 days of event parking with an approximate 3% fee adjustment, and include the following:
The Foundation paid $12,437 for the facility use fees covering February 19, 2023 through April 9, 2023, and the Temporary Use Permit application fee. If Council approves the fee waiver, the City will reimburse the Foundation.
ATTACHMENTS: Cornucopia Foundation 2022 Balance Sheet and Profit Loss Financial Documentation
Fiscal Year 2022-2023
Type Rate
Facility Use ($1,514/day) $28,766
TUP Application $325
Total $29,091
Fiscal Year 2023-2024
Type Rate
Facility Use ($1,560/day) $42,120
Total $42,120
The Cornucopia Foundation
Balance Sheet
As of December 31, 2022
Cash Basis Thursday, March 16, 2023 10:09 AM GMT-07:00 1/2 TOTAL
ASSETS
Current Assets
Bank Accounts
10201 Wells Fargo Savings - 1715 -200.29
10300 Wells Fargo checking - 1231 84,930.05
Total Bank Accounts $84,729.76
Accounts Receivable
12000 Accounts Receivable 0.00
Total Accounts Receivable $0.00
Other Current Assets
13000 Undeposited Funds 0.00
Payroll Refunds -654.00
Uncategorized Asset 0.00
Total Other Current Assets $ -654.00
Total Current Assets $84,075.76
Fixed Assets
15000 Furniture & Equipment 16,695.43
15500 Vehicles 20,600.00
15900 Accumulated Depreciation -36,296.00
Total Fixed Assets $999.43
Other Assets
19000 Assets - Cornucopia 0.00
19500 Assets - In-Kind Contributions 0.00
Total Other Assets $0.00
TOTAL ASSETS $85,075.19
LIABILITIES AND EQUITY
Liabilities
Current Liabilities
Accounts Payable
20000 Accounts Payable 0.00
Total Accounts Payable $0.00
Credit Cards
20100 B of A MAP VISA 0.00
20110 WELLS FARGO PLATINUM Credit Card 2,464.65
The Cornucopia Foundation
Balance Sheet
As of December 31, 2022
Cash Basis Thursday, March 16, 2023 10:09 AM GMT-07:00 2/2 TOTAL
Total Credit Cards $2,464.65
Other Current Liabilities
21000 Payroll Liabilities -654.00
CA PIT / SDI 76.78
CA SUI / ETT 46.28
Employee Advances 0.00
Federal Taxes (941/944) -13.98
Total 21000 Payroll Liabilities -544.92
Accrued Payroll 0.00
Accrued Payroll Taxes 0.30
Total Other Current Liabilities $ -544.62
Total Current Liabilities $1,920.03
Long-Term Liabilities
24510 Loan - Bianco -1,405.34
24520 Loan - Melle 1,704.00
Total Long-Term Liabilities $298.66
Total Liabilities $2,218.69
Equity
30000 Opening Balance Equity {104} 0.00
32000 Unrestricted Net Assets 79,242.46
Net Income 3,614.04
Total Equity $82,856.50
TOTAL LIABILITIES AND EQUITY $85,075.19
The Cornucopia Foundation
Profit and Loss
January - December 2022
Cash Basis Thursday, March 16, 2023 10:12 AM GMT-07:00 1/2 TOTAL
Income
43000 Farmers Market Income 0.00
43100 Minimum Space Fee 92,710.41
43200 Sales / Rental of Product Income 395.00
43900 10% Load on Space Fee 42,830.30
43950 Event Loadsheet income 38.71
43960 Event Rent 40.71
Total 43000 Farmers Market Income 136,015.13
49500 Reimbursements and Refunds 1,091.63
Total Income $137,106.76
GROSS PROFIT $137,106.76
Expenses
50000 Farmers Market Operating Expenses 462.60
50025 Advertising 3,129.99
50150 Sanitation & Waste Removal 2,352.86
50200 Food & Beverage 152.22
50555 Farmer's Market Permits and Fees 4,479.38
50560 Farmers Market Assistant 1,786.10
50800 Supplies & Props 2,669.18
50805 Plates/ Table Clothes 442.91
Total 50800 Supplies & Props 3,112.09
51000 Refunds Paid 1,467.66
Total 50000 Farmers Market Operating Expenses 16,942.90 60000 Administrative Expenses 0.00
60020 Accounting 5,500.00
60030 Auto Expenses 168.34
60031 Auto Insurance 2,791.03
60032 Auto Gas 3,718.42
60033 Auto Maintenance 1,055.12
Total 60030 Auto Expenses 7,732.91
60070 Bank Charges -214.92
60080 Subscriptions/ Memberships 229.23
60090 Computer supplies,software 1,980.42
60350 Donations MADE 650.00
60352 Specific Assist to Individuals -3,720.25
60353 Community 300.00
60355 In-Kind Contribution Expense -1,000.00
Total 60350 Donations MADE -3,770.25
The Cornucopia Foundation
Profit and Loss
January - December 2022
Cash Basis Thursday, March 16, 2023 10:12 AM GMT-07:00 2/2 TOTAL
60430 Insurance 0.00
60431 Insurance - Liability 1,730.65
60433 Employee Insurance 3,666.18
Total 60430 Insurance 5,396.83
60520 Business Permits / Fees 20.00
60620 Entertainment Expense 24.99
60640 Office Expenses & Supplies 586.96
60685 Postage, Mailing Service 897.17
60690 Printing & Copying 10.00
60710 Officer Salaries 42,000.00
60750 Office Salaries 0.00
60751 Bookkeeper 39,797.70
60752 Admin Assistant 3,132.42
Total 60750 Office Salaries 42,930.12
60900 Taxes 0.00
60915 Employer Payroll Tax Expense 6,912.16
Total 60900 Taxes 6,912.16
60930 Telephone (cell) 1,077.43
60970 Website 530.94
Total 60000 Administrative Expenses 111,843.99
Advertising/Promotional 150.00
Market Operating Expenses 0.00
Subcontractor 2,350.00
Total Market Operating Expenses 2,350.00
Miscellaneous 366.83
Payroll Expenses 0.00
Office Salaries 1,085.00
Total Payroll Expenses 1,085.00
Suspense 754.00
Total Expenses $133,492.72
NET OPERATING INCOME $3,614.04
NET INCOME $3,614.04
Agenda Item # 6.D.
Council Agenda Report
To: Mayor Silverstein and Honorable Members of the City Council Prepared by: Richard Mollica, Planning Director
Approved by: Steve McClary, City Manager
Date prepared: March 31, 2023 Meeting date: April 10, 2023 Subject: Initiate Amendments to MMC and LCP to Address Home Sharing RECOMMENDED ACTION: 1) Receive a report from staff; and 2) Adopt Resolution No. 23-16 initiating an amendment to the Malibu Municipal Code (MMC) and initiating an amendment to the Local Coastal Program Local Implementation Plan to address timeshare use in the City and finding the action exempt from the California Environmental Quality Act.
WORK PLAN: This is not included in the Adopted Work Plan for Fiscal Year 2022-2023.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
DISCUSSION: Similar to other communities, the City has been receiving complaints regarding single-family homes in the City that were being sold and/or marketed as “fractional ownership” or “co-ownership” homes, wherein each buyer may acquire a oneeighth interest in a limited liability company that will own the home. As a result of this ownership structure, Sonoma and Monterey Counties and the City of Palm Springs have issued cease and desist orders to these fractional ownership or co-ownership property management companies. In addition, jurisdictions such as the Town of Truckee, Carmel by the Sea, City of Sonoma, City of St. Helena, and the City of North Haven have adopted or updated their time-share ordinances to address fractional or co-ownership of homes.
Under the fractional ownership or co-ownership structure pursuant to which these dwelling units are marketed and sold, each owner receives a one-eighth share along with the right to use the home for one-eighth of each year, indefinitely. During each owner’s usage period, that owner has exclusive use of the entire house/property. Rentals are prohibited; only owners and their guests are permitted to use the house under the structure of the City Council Meeting
04-10-23
Item
6.D.
Agenda Item # 6.D.
agreement. Each owner pays regular assessments to fund the operating costs of the home and maintenance reserves.
This arrangement, which provides that each purchaser is entitled to exclusive use of the property for a fixed number of days each year, meets the definition of a “time-share plan” as defined in Business and Professions Code section 11212. Time-share uses are not specifically permitted in any zoning district and are therefore currently prohibited in all zoning districts (MMC Section 17.04.050).
Time-share use has a negative impact on housing stock in the City and runs counter to the City’s efforts, over many years, to preserve its existing housing stock for long term residential use. It removes property that could be used for long term residents and instead limits the property’s use to a part time vacation home.
The conversion of existing residential units to uses other than long-term residential use also reduces the City’s existing long-term housing supply and causes further imbalance between the demand for housing in the City and the existing supply. In addition, such use could also alter the character of the City’s residential neighborhoods, and present challenges to the City’s efforts to provide affordable housing within the community.
Proposed Zoning Text Amendment and Local Coastal Program Amendment Staff proposes to bring forward a draft ordinance which will confirm the City’s prohibition on time-share use and aid enforcement of that prohibition.
Recommendation: Staff recommends that the Council provide comment and adopt Resolution 23-16 initiating a Zone Text Amendment and Local Coastal Program Amendment to further regulate time-share use in the City. Staff will then present a draft ordinance to ZORACES for comments prior to bringing the draft ordinance to the Planning Commission for recommendations.
ATTACHMENT: Resolution No. 23-16
RESOLUTION NO. 23-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
INITIATING AN AMENDMENT TO THE MALIBU MUNICIPAL CODE (MMC)
AND INITIATING AN AMENDMENT TO THE LOCAL COASTAL PROGRAM (LCP) LOCAL IMPLEMENTATION PLAN (LIP) ADDRESSING TIME SHARE
USES IN THE CITY AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The City Council of the City of Malibu does hereby find, order, and resolve as follows:
SECTION 1. Recitals.
A. On April 10, 2023, the City Council held a duly noticed public hearing and approved a motion to 1) initiate a Zone Text Amendment (ZTA) and Local Coastal Program Amendment (LCPA) to address time-share uses in the City and 2) direct the Planning Commission to schedule a public hearing regarding the ZTA and LCPA and provide a recommendation to the Council whether to approve, modify, or reject the amendment.
SECTION 2. Initiation.
Pursuant to MMC Chapter 17.74, the City Council hereby initiates an amendment to address time-share use in the City.
Pursuant to LIP Chapter 19, the City Council hereby initiates an amendment to the LCP and directs staff to issue a Notice of Availability consistent with LIP section 19.3.1. The amendment shall include provisions to address time share use within the City.
SECTION 3. Hearings.
A. The Zoning Ordinance and Code Enforcement Revisions Subcommittee is hereby directed to consider the amendments and provide direction to staff.
B. The Planning Commission is hereby directed to conduct a duly noticed public hearing in accordance with Chapter 19 of the Malibu LIP. Following the public hearing, the Planning Commission shall recommend to the City Council whether it should approve, modify, or deny the proposed amendments. The Planning Commission’s recommendation shall be made by resolution carried by the affirmative vote of not less than the majority of the entire Planning Commission.
Resolution No. 23-16
_____________________
SECTION 4. Certification.
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 10th day of April 2023. _____________________________
Bruce Silverstein, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
_________________________________
Trevor Rusin, Interim City Attorney
Agenda Item # 6.E.
Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Mary Linden, Executive Assistant
Approved by: Steve McClary, City Manager
Date prepared: March 24, 2023 Meeting date: April 10, 2023 Subject: Assembly Bill (AB) 1500 – Property Taxation: Application of Base Year Value: Disaster Relief: SUPPORT
RECOMMENDED ACTION: Authorize the Mayor to send a letter of support for AB 1500, which would extend the five-year time period for property tax exemption for homes that were substantially damaged or destroyed by the 2018 Woolsey Fire.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
WORK PLAN: This item was not included in the Adopted Work Plan for Fiscal Year 2022- 2023. This project is part of normal staff operations.
DISCUSSION: Existing law in California authorizes the owner of property substantially damaged or destroyed by a disaster to apply the base year value of that property to replacement property reconstructed on the same site of the damaged or destroyed property within five years after the disaster if the reconstructed property is comparable to the substantially damaged or destroyed property, determined as provided.
State Assemblymember Jacqui Irwin has introduced AB 1500 in the State legislature, which would extend the five-year time period described above by three years if the property was substantially damaged or destroyed by the Woolsey Fire or Camp Fire, which both occurred in November 2018. The bill would make these provisions applicable to the determination of base year values for the 2018–19 fiscal year and fiscal years thereafter.
By imposing additional duties on local tax officials, the bill would create a state-mandated local program. The bill aligns with similar legislation, including SB 303 (Borgeas), which extended the rebuild time for those impacted by fires that occurred during COVID.
City Council Meeting
04-10-23
Item
6.E.
Agenda Item # 6.E.
The bill is scheduled for a hearing of the Assembly Revenue and Tax Committee meeting on April 17. If approved by the City Council, the letter of support will be submitted prior to that hearing via the California Legislature Position Letter Portal, which ensures all members of the Committee, key legislators and their staff will be notified of the City’s position. Should the City Council determine to take an official position to support the bill, the Council may want to consider authorizing a City official or officials to testify before the Committee on April 17.
ATTACHMENTS:
1. AB 1500 text
2. Draft letter of support for AB 1500
AMENDED IN ASSEMBLY MARCH 22, 2023
AMENDED IN ASSEMBLY MARCH 16, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1500
Introduced by Assembly Member Irwin
(Principal coauthor: Assembly Member Gallagher)
February 17, 2023
An act to amend Section 70.5 of the Revenue and Taxation Code, relating to taxation.
legislative counsel’s digest
AB 1500, as amended, Irwin. Property taxation: application of base year value: disaster relief.
The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value of that property. For purposes of this limitation, “full cash value” is defined as the assessor’s valuation of real property as shown on the 1975–76 tax bill under “full cash value” or, thereafter, the appraised value of that real property when purchased, newly constructed, or a change in ownership has occurred. Existing law defines “newly constructed” and “new construction” to mean any addition to real property since the last lien date and any alteration of land or of any improvement since the last lien date that constitutes a major rehabilitation thereof or that converts the property to a different use. Existing law, where real property has been damaged or destroyed by misfortune or calamity, excludes from the definition of “newly constructed” and “new construction” any timely reconstruction of the real property, or portion thereof, where the property after reconstruction is substantially equivalent to the property prior to damage or destruction. 97 ATTACHMENT 1
Existing law, pursuant to the authorization of the California Constitution, authorizes the transfer of the base year value of property that is substantially damaged or destroyed by a disaster, as declared by the Governor, to comparable replacement property within the same county that is acquired or newly constructed within 5 years after the disaster, as provided.
Existing law authorizes the owner of property substantially damaged or destroyed by a disaster, as declared by the Governor, to apply the base year value of that property to replacement property reconstructed on the same site of the damaged or destroyed property within 5 years after the disaster if the reconstructed property is comparable to the substantially damaged or destroyed property, determined as provided.
This bill would extend the 5-year time period described above by 3 years if the property was substantially damaged or destroyed by the 2018 Woolsey Fire or by the 2018 Camp Fire on or after November 1, 2018, but on or before November 30, 2018. The bill would make these provisions applicable to the determination of base year values for the 2018–19 fiscal year and fiscal years thereafter. By imposing additional duties on local tax officials, the bill would create a state-mandated local program.
This bill would make legislative findings and declarations as to the public purpose served by these provisions.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires the state to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation.
This bill would provide that, notwithstanding those provisions, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
97 AB 1500 — 2 —
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 70.5 of the Revenue and Taxation Code line 2 is amended to read:
line 3 70.5. (a) Notwithstanding Section 70, and pursuant to Section line 4 2 of Article XIII A of the Constitution, the base year value of line 5 property that is substantially damaged or destroyed by a disaster, line 6 as declared by the Governor, may be applied to replacement line 7 property reconstructed on the site of the damaged or destroyed line 8 property within five years after the disaster as a replacement for line 9 the substantially damaged or destroyed property if that line 10 reconstructed property is comparable to the substantially damaged line 11 or destroyed property. A person who owns substantially damaged line 12 or destroyed property that receives property tax relief under this line 13 section shall not be eligible for property tax relief provided under line 14 Section 69.
line 15 (b) (1) The replacement base year value of the reconstructed line 16 property shall be determined in accordance with this section. line 17 (2) The assessor shall use the following procedure in line 18 determining the appropriate base year value of the reconstructed line 19 property:
line 20 (A) If the full cash value of the reconstructed property does not line 21 exceed 120 percent of the full cash value of the property line 22 substantially damaged or destroyed, then the adjusted base year line 23 value of the property substantially damaged or destroyed shall line 24 apply to the reconstructed property as its base year value. line 25 (B) If the full cash value of the reconstructed property exceeds line 26 120 percent of the full cash value of the property substantially line 27 damaged or destroyed, then the amount of the full cash value over line 28 120 percent of the full cash value of the property substantially line 29 damaged or destroyed shall be added to the adjusted base year line 30 value of the original property substantially damaged or destroyed. line 31 The sum of these amounts shall become the reconstructed line 32 property’s base year value.
line 33 (C) If the full cash value of the reconstructed property is less line 34 than the adjusted base year value of the original property line 35 substantially damaged or destroyed, then that lower value shall line 36 become the reconstructed property’s base year value. line 37 (D) The full cash value of the property substantially damaged line 38 or destroyed shall be the amount of its full cash value immediately 97 — 3 — AB 1500
line 1 prior to its substantial damage or destruction, as determined by line 2 the county assessor of the county in which the property is located. line 3 (c) For purposes of this section:
line 4 (1) Property is substantially damaged or destroyed if the line 5 improvements sustain physical damage amounting to more than line 6 50 percent of the improvements’ full cash value immediately prior line 7 to the disaster.
line 8 (2) Reconstructed property shall be considered comparable to line 9 the original property substantially damaged or destroyed if it is line 10 similar in size, utility, and function to the property which it line 11 replaces. For purposes of this paragraph:
line 12 (A) Property is similar in function if the reconstructed property line 13 is subject to similar governmental restrictions, such as zoning. line 14 (B) (i) Both the size and utility of property are interrelated and line 15 associated with value. Property shall be considered similar in size line 16 and utility only to the extent that the reconstructed property is, or line 17 is intended to be, used in the same manner as the original property line 18 substantially damaged or destroyed and its full cash value does line 19 not exceed 120 percent of the full cash value of the original line 20 property substantially damaged or destroyed.
line 21 (ii) A reconstructed property or any portion of reconstructed line 22 property used or intended to be used for a purpose substantially line 23 different than the use made of the original property substantially line 24 damaged or destroyed shall to the extent of the dissimilar use be line 25 considered not similar in utility.
line 26 (iii) A reconstructed property or any portion of reconstructed line 27 property that satisfies the use requirement but has a full cash value line 28 that exceeds 120 percent of the full cash value of the original line 29 property substantially damaged or destroyed shall be considered, line 30 to the extent of the excess, not similar in utility and size. line 31 (C) To the extent that reconstructed property or any portion of line 32 reconstructed property is not similar in function, size, and utility, line 33 the property or portion of that property shall be considered to be line 34 newly constructed.
line 35 (3) “Disaster” means a major misfortune or calamity in an area line 36 subsequently proclaimed by the Governor to be in a state of disaster line 37 as a result of that misfortune or calamity.
line 38 (d) Only the owner or owners of the property substantially line 39 damaged or destroyed, whether one or more individuals, line 40 partnerships, corporations, other legal entities, or a combination 97 AB 1500 — 4 —
line 1 thereof, shall be eligible to receive property tax relief under this line 2 section. Relief under this section shall be granted to an owner or line 3 owners of substantially damaged or destroyed property who have line 4 reconstructed that property.
line 5 (e) (1) Notwithstanding any law, the time period specified in line 6 subdivision (a) to apply the base year value of qualified property line 7 to replacement property reconstructed on the site of the damaged line 8 or destroyed property is extended by three years if the qualified line 9 property was substantially damaged or destroyed on or after line 10 November 1, 2018, but on or before November 30, 2018. line 11 (2) This subdivision shall apply to the determination of base line 12 year values for the 2018–19 fiscal year and fiscal years thereafter. line 13 (3) For purposes of this subdivision, “qualified property” means line 14 property that was substantially damaged or destroyed, as described line 15 in paragraph (1) of subdivision (c), by the 2018 Woolsey Fire line 16 disaster or by the 2018 Camp Fire disaster, as proclaimed by the line 17 Governor.
line 18 (f) This section shall apply to real property damaged or line 19 destroyed by misfortune or calamity on or after January 1, 2017. line 20 SEC. 2. The Legislature finds and declares that Section 1 of line 21 this act, which amends Section 70.5 of the Revenue and Taxation line 22 Code, does not constitute a gift of public funds within the meaning line 23 of Section 6 of Article XVI of the California Constitution and line 24 serves the following public purpose:
line 25 To ensure that owners of real property that has been substantially line 26 damaged or destroyed in the 2018 Woolsey Fire disaster or in the line 27 2018 Camp Fire disaster, as declared by the Governor, are provided line 28 the full and fair opportunity to reconstruct on the site of the line 29 damaged or destroyed real property and to retain the property tax line 30 base year value of that property, an extension of the deadline in line 31 Section 70.5 of the Revenue and Taxation Code is necessary. line 32 SEC. 3. If the Commission on State Mandates determines that line 33 this act contains costs mandated by the state, reimbursement to line 34 local agencies and school districts for those costs shall be made line 35 pursuant to Part 7 (commencing with Section 17500) of Division line 36 4 of Title 2 of the Government Code.
line 37 SEC. 4. Notwithstanding Section 2229 of the Revenue and line 38 Taxation Code, no appropriation is made by this act and the state 97 — 5 — AB 1500
line 1 shall not reimburse any local agency for any property tax revenues line 2 lost by it pursuant to this act.
O
97 AB 1500 — 6 —
City of Malibu
23825 Stuart Ranch Road ꞏ Malibu, California ꞏ 90265-4861 Phone (310) 456-2489 ꞏ Fax (310) 456-3356 ꞏ www.malibucity.org ATTACHMENT 2
March X, 2023
The Honorable Assemblymember Irwin
Chair, Committee on Revenue and Taxation
1021 O Street, Suite 6220
Sacramento, CA 95814
RE: Assembly Bill (AB) 1500 (Irwin) – Property Taxation: Application of Base Year Value:
Disaster Relief: SUPPORT
Dear Assemblymember Irwin,
The City of Malibu proudly supports AB 1500, which would extend the five-year time period to reconstruct homes that were substantially damaged or destroyed by the 2018 Woolsey Fire. We thank you for authoring this bill and for your leadership on this important issue.
Existing law authorizes the owner of property substantially damaged or destroyed by a disaster to apply the base year value of that property to replacement property reconstructed on the same site of the damaged or destroyed property within five years after the disaster. AB 1500 would extend this five-year timeline by three years, giving a full eight years for those homes impacted by the devastating 2018 Woolsey Fire.
Reconstructing a home or business property destroyed by a disaster such as a wildfire is difficult and time consuming: debris and dead trees must be cleared, building and other permits acquired, contractors and other construction workers hired, materials purchased, and construction completed. Disaster victims unaccustomed to completing these tasks are further burdened as each seeks to procure labor and materials in the same market, squeezing prices and causing construction delays. Additionally, due to the COVID-19 pandemic, owners of these homes were even further hampered in their ability to rebuild. The courts were less capable of processing the claims on liability for the fire and come to a settlement with Southern California Edison (SCE), delaying compensation to residents, many of whom were depending on that compensation to rebuild.
Additionally, construction was materially hindered by the pandemic and supply chain shortages, leading to many not being able to rebuild within the five-year window.
AB 1500 will provide the needed extension for homeowners impacted by the Woolsey Fire to complete their rebuilds and maintain their base year property value. This aligns with similar legislation, including SB 303 (Borgeas), which extended the rebuild time for those impacted by fires that occurred during COVID.
2 The City of Malibu strongly supports AB 1500. We thank you and your staff for working with us to develop this legislation and look forward to working with the legislature to secure its passage.
Sincerely,