Agenda packet, first session — Malibu City Council, May 22, 2023 (part 2 of 4)

CITY OF MALIBU

DEPUTY PUBLIC WORKS DIRECTOR

MAINTENANCE AND OPERATIONS DIVISION
Class Description
March 2023
FLSA: Exempt

DEFINITION
Under general direction, plans, organizes, manages, and directs the activities for the Maintenance and Operations Division within the Public Works Department, supervises technical staff and subordinate personnel in the planning and implementation of division functions including streets, storm drainage, wastewater and stormwater treatment plants, and traffic signals; organizes and manages the construction management of City projects, assists in coordinating assigned activities with other City departments, divisions, outside agencies, and the public; fosters cooperative working relationships among City departments, divisions, and with intergovernmental and regulatory agencies and various public and private groups; provides highly responsible and complex professional assistance to the Public Works Director/City Engineer in areas of expertise; and performs related work as required.

SUPERVISION RECEIVED AND EXERCISED
General supervision is provided by the Public Works Director/City Engineer. Technical or functional supervision may be received from the Assistant Public Works Director/Assistant City Engineer. Direct and indirect supervision of supervisory, technical and office personnel assigned to the Public Works Maintenance and Operations Division.

CLASS CHARACTERISTICS
This is a mid-management classification in the Public Works Department. The incumbent oversees, directs, and participates in the operations, maintenance, and repair of the City’s streets, storm drainage, wastewater and stormwater treatment plants, and traffic signals, including development and implementation of short- and long-term repair and replacement capital projects, administration and compliance with Federal, State, and local regulations pertaining to the operation wastewater, recycled water, streets and drainage systems, and provides professional-level support to the Public Works Director/City Engineer in a variety of areas. Successful performance of the work requires an extensive professional background in Public Works construction as well as skill in coordinating construction management activities for City projects. Responsibilities include performing and directing many of the department’s day-to-day administrative functions. This class is distinguished from the Public Works Director/City Engineer in that the latter has overall management responsibility for all public works programs, functions, and activities, and for developing, implementing, and interpreting public policy. An incumbent allocated to this job class must possess exceptional organizational and communication skills as well as extensive knowledge related to the operation, maintenance, and construction programs necessary to support the Public Works Department.

ATTACHMENT 2
Deputy Public Works Director
Maintenance and Operations Division

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• Assumes management responsibility for all operations and maintenance functions and activities of the City’s infrastructure and facilities, including streets, traffic signals, storm drains and drainage systems, wastewater collection system, wastewater and stormwater treatment plant, and recycled water treatment and distribution system operation, maintenance, and repair.
• Assumes management responsibility for Public Works vehicle fleet maintenance, and vehicle replacement.
• Participates in the development and implementation of goals, objectives, policies, and priorities for assigned service areas, programs, and operations; recommends and administers policies and procedures.
• Monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; recommends, within division and departmental policy, appropriate service, and staffing levels.
• Assists the Director in planning, organizing, and directing the Department in the fiscal and administrative activities of the assigned divisions of the Public Works Department. • Assists the Director in the development and administration of the annual budget; forecasts funds needed for staffing, equipment, materials, and supplies; monitors and approves expenditures; makes adjustments.
• Assists the Director in planning, organization, and direction of the Department in construction, maintenance, and repair of City-owned and operated facilities. • Prepares agenda items and makes public presentations to the City Council, Public Works and Public Safety Commissions, and other advisory committees administered by the Department.
• Assists with the preparation of operating and capital improvement budgets and control of expenditures, including the preparation of long-term maintenance management models.
• Supervises and assists subordinate supervisors in the operations and maintenance of City infrastructure, particularly streets, traffic, wastewater, and storm drainage systems; establish long-range plans and goals.
• Selects, trains, motivates, and evaluates assigned personnel; provides or coordinates staff training; works with employees on performance issues; responds to staff questions and concerns; makes disciplinary action recommendations to the Director. • Coordinates Departmental activities with other department staff and outside agencies and organizations; provides staff assistance to the Public Works Director/City Engineer; prepares and presents staff reports and other necessary correspondence. • Participates in the Capital Improvement Program (CIP) planning activities; provides input into the conceptual design of engineering projects; manages the construction management and inspection activities related to CIP projects.
• Meets and confers with contractors, engineers, a variety of outside agencies, and the general public in acquiring information and coordinating matters related to the City’s streets, traffic signals, storm drainage, wastewater collection system, recycled water distribution system, wastewater and stormwater treatment plants, and related facilities. • May serve as acting Director in the absence of the Public Works Director/City Engineer. • Performs related tasks as required.

QUALIFICATIONS
Knowledge of:
• Organizational and management practices as applied to analysis and evaluation of departmental programs, policies, procedures, organizational structure, and operational needs.
• Principles of project planning, development, coordination, and direction for operations functions and services.

Deputy Public Works Director
Maintenance and Operations Division

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• Principles and practices of municipal budget preparation, monitoring, and administration. • Principles, practices, equipment, and methods used in public works maintenance, construction, and operations work.
• Federal, state, and local laws specifications, rules, and regulations relating to the functions and operations of the department.
• General knowledge of principles and practices of management necessary to plan, analyze, develop, evaluate, and direct the diverse and complex activities of major departmental programs, including organizing, budgeting, staff development, and supervision. • Principles, practices, methods and techniques of public administration and management; federal, state, local laws specifications, and rules and regulations relating to construction and maintenance of public works facilities.
• Principles and practices utilized in the planning and construction of major capital improvement projects.
• Principles, practices, methods and techniques of public administration and management. • Operations, plans, policies, procedures, rules, and regulations common to local government.
• Principles of supervision, training, management, and public works administration. • Principles of budget preparation and expenditure control. • Principles and practices of public administration labor relations and public personnel management.
• Principles and practices as applied to the field of operating and maintaining the city infrastructure.
• Technical, legal, and financial issues related to the conduct of municipal public works program.
• National Pollution Discharge Elimination Systems (NPDES) permitting and compliance. • Methods of preparing designs, plans, specifications, estimates, reports, and recommendations relating to proposed public works projects. • Procedures, materials, equipment, and methods used in all areas of public works activities. • Administrative principles and practices, including goal setting, program development, implementation, and evaluation, and supervision of staff. • Public agency budgetary, contract administration, administrative practices, and general principles of risk management related to the functions of the assigned area. • Organizational and management practices as applied to the analysis and evaluation of projects, programs, policies, procedures, and operational needs; principles and practices of municipal government administration.
• Principles and practices of public works program development, maintenance, and management in a municipal setting.
• Federal, State, and local laws, regulatory codes, ordinances, and procedures relevant to assigned area of responsibility.
• Principles and practices of employee supervision, including work planning, assignment, review and evaluation, and the training of staff in work procedures.

Skill in:
• Interpreting and applying various state statutes, ordinances, and codes that pertain to public work functions to ensure that activities are carried out in accordance with the law. • Planning, organizing, and directing the budget, construction, and maintenance of public works projects. Interpreting and applying pertinent laws, rules, and regulations. • Evaluating divisional policy and program practices, defining problem areas, developing, and directing the implementation of policy decisions and practices to improve divisional operations.
• Overseeing and coordinating the activities of a number of sections within the Department. • Assisting with the preparation of departmental operating and capital improvement budgets and control budget expenditures.

Deputy Public Works Director
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• Reviewing and interpreting cost estimates.
• Performing a variety of technical research and preparing reports of findings. • Record keeping principles and procedures.

Ability to:
• Direct, control, and evaluate a group of subordinates and maintain consistency with program objectives and standards of the department.
• Initiate, plan, organize, evaluate, and coordinate work assignments with a minimum of direction and control.
• Prepare and enforce department procedures relating to personnel, training, budget, and organization.
• Understand and interpret to others the aims, concepts, principles, and practices of public works engineering and the operations.
• Communicate and interact with personnel at all organizational levels. • Instruct, persuade, negotiate, and motivate individuals with diverse backgrounds and business interests.
• Effectively represent the Department before the Council, Council Committees, boards, commissions, public agencies, and private groups.
• Prepare clear and concise written reports and develop appropriate recommendations. • Effectively manage assigned areas of the departmental program. • Establish and maintain cooperative relationships with those contacted during the course of work.
• Manage a large staff of field, office, professional and technical staff.

Education and Experience:

Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:

Education: A bachelor’s degree from an accredited college or university with a major in civil engineering, business or public administration, or a closely related field.

Substitution: Additional qualifying experience may be substituted for the education on a year-foryear basis.

Experience: At least eight (8) years of progressively responsible work experience performing a variety of public works construction, mechanics, and/or infrastructure repair and maintenance to include at least five (5) years of supervisory and/or management responsibilities.

License:

Must possess and maintain a valid California class C driver license and have a satisfactory driving record.

Deputy Public Works Director
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PHYSICAL DEMANDS
Position requires sitting, standing, walking on level and slippery surfaces, reaching, twisting, turning, bending, stooping, crouching, grasping, and making repetitive hand movement in the performance of daily duties. The position also requires both near and far vision when inspecting work and operating assigned equipment. The need to lift, carry, and push tools, equipment, and supplies weighing 25 pounds or more is also required. Additionally, the incumbent may work outdoors in all weather conditions, including wet, hot, and cold. The incumbent may use cleaning and lubricating chemicals, which may expose the employee to fumes, dust, and air contaminants, and may be exposed to mechanical hazards. The nature of the work may also require the incumbent to drive motorized vehicles, work in heavy vehicle traffic conditions, and often work with constant interruptions. The incumbent may be required to respond to after-hours emergency call outs and perform routine standby duties.

Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations.

ENVIRONMENTAL ELEMENTS
Employees work in an office environment with moderate noise levels, controlled temperature conditions and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.

Engineering Technician

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CITY OF MALIBU

ENGINEERING TECHNICIAN
Class Description
April 2023
FLSA: Non-Exempt

DEFINITION
Under direct supervision, performs a variety of technical paraprofessional and support related activities in the Public Works Department; maintains project files and engineering records; conducts field surveys and minor inspections; prepares engineering related exhibits using specialized software and maintains related databases; receives and reviews a variety of City permits for completeness; researches engineering topics and prepares reports; performs engineering calculations; provides technical information to the public; and performs a variety of technical tasks related to an assigned area of responsibility.

CLASS CHARACTERISTICS
This classification performs a variety of civil engineering tasks and duties in support of the Public Works Department which requires the application of fundamental engineering knowledge, skills, and abilities. The work has technical aspects, requiring the interpretation and application of policies, procedures and regulations and involves frequent contact with the public.

EXAMPLES OF ESSENTIAL JOB FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Assists in the preparation/distribution of engineering plans and specifications; coordinates required advertising for bids, reviews construction bids, and makes recommendations based on review of bids, competency of vendors and selection criteria. • Assists in the review of private development plans for compliance with codes regulations and standards; assesses adequacy of applications for permits, determines completeness of submittals and recommends conditions of approval.
• Performs basic design and drafting duties in connection with streets, storm drains, traffic engineering and other projects.
• Reviews applications for encroachment, transportation, street vendors, special events and other Public Works related permits and may issue routine permits. • Researches and provides technical assistance and information to the public and responds to inquiries from contractors, developers, property owners, staff, and the general public. • Creates engineering exhibits using specialized software. • Organizes and compiles data and maintains computer databases. • Organizes, maintains, and updates department records, tracking lists, permit records and engineering plans.
• Calculates the amount of fees, and deposits necessary to issue related development permits, processes/maintains bonds for acceptance/release, and tracks deposit amounts.

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• Performs engineering records research on a variety of topics, such as right of way, easements, and property ownership.
• Assists in the preparation of plans, specifications, and estimates pertaining to the construction, maintenance, operation of a variety of engineering, land development and capital improvement projects.
• Performs basic design and drafting duties in connection with streets, storm drains, utilities, and other projects; prepares exhibits using computer aided design software. • Assists in interagency coordination such as securing encroachment permits from other agencies.
• Performs field inspectionsrelated to permits, capital improvement projects, and maintenance items including signs, sidewalks, curbs, and gutters and other public improvement condition assessments.
• Responds to inquiries from developers, contractors, and the general public regarding City requirements relative to the construction, alteration, and maintenance of public works facilities.
• Utilizes GIS applications to develop and maintain asset management system data collection and work management and inventory reporting.
• Performs related tasks as required.

QUALIFICATIONS
Knowledge of:
• Civil Engineering principles and practices in a municipal setting. • Basic design and construction practices of streets, underground facilities, and related public works infrastructure.
• Drafting, surveying techniques and practices.
• Engineering plans, maps, legal descriptions, title reports, local codes, and ordinances. • Engineering mathematics, geometry, and trigonometry.
• General knowledge of Caltrans Traffic and Design manuals, the MUTCD, and Watch handbook.
• Engineering plan types, review practices, and permit filings and approval procedures. • Applicable Federal, State, and local laws, codes, and regulations. • Principles and practices of record keeping.
• Modern office procedures, methods, and computer equipment including personal hardware/software (Word, Excel, Access, etc., AutoCAD, GIS, and other specialized engineering software).
• Technical report writing practices/procedures.
• Techniques for providing a high level of customer services by effectively dealing with the public, vendors, contractors, and City staff.
• English usage, grammar, spelling, vocabulary, and punctuation.

Skill in:
• Preparing a variety of plans, specifications, maps, cost estimates, and technical engineering reports.
• Preparing and updating maps and engineering documents related to City infrastructure. • Organizing, filing, and maintaining engineering records. • Making and recording accurate field engineering observations. • Preparing clear and concise reports, correspondence, policies, procedures, and other written materials.
• Organizing and prioritizing tasks to meet deadlines.
• Accurately performing moderately complex mathematical calculations. • Communicating clearly and concisely, both oral, and in writing.

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• Using tact, initiative, and appropriate judgment within established policy, procedural and legal guidelines.

Ability to:
• Read, interpret, understand, and prepare engineering plans, specifications, and subdivision maps.
• Perform responsible technical engineering support work with accuracy with established timeframes.
• Establish and maintain effective working relationships with those contacted in the course of duty.
• Follow oral and written instructions.
• Communicate complex technical information, orally, and in writing to contractors, developers, property owners, employees, consultants, other government agency representatives, City officials and the general public. • Operate a personal computer, use productivity and specialized engineering software, including spreadsheets, GIS, and AutoCAD.

Education and Experience:

Any combination of training and experience that would provide the required knowledge, skills and abilities is qualifying. A typical way to obtain the required qualifications would be:

Equivalent to graduation from high school. College level coursework in engineering or a related field is desirable. Three (3) years of experience of previous experience in civil engineering, construction, or related industries. Experience in dealing with the public and working in a public agency setting is desirable.

License:

Must possess and maintain a valid California class C driver license and have a satisfactory driving record.

PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to inspect various City infrastructure and development sites, including climbing ladders, stairs and other temporary or construction access points, attend meetings and to operate a motor vehicle; vision to read printed materials and a computer screen and make inspections; and hearing and speech to communicate in person, before groups and over the telephone. The job may involve field inspection work requiring frequent walking to inspection site areas to monitor performance and to identify problems or hazards. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment.

Positions in this classification occasionally bend, stoop, kneel, reach, climb, push, and pull drawers open and closed to retrieve and file information. Positions in this classification occasionally lift, move, and carry objects that typically weigh up to 40 pounds.

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WORKING CONDITIONS
May be required to work on evenings, weekends, and holidays. Participates in an after-hours emergency response program for on-call and callback assignments.

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Agenda Item # 4.B.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Brandie Ayala, Administrative Analyst
Reviewed by: Robert DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: April 26, 2023 Meeting date: May 22, 2023 Subject: Assessment District 98-1 (Big Rock Mesa)
RECOMMENDED ACTION: 1) Conduct the Public Hearing; and 2) Adopt Resolution No. 23-22 levying an assessment for the maintenance, repair, and improvements works, systems and facilities pertaining to Assessment District 98-1 (Big Rock Mesa) for Fiscal Year 2023-2024.

FISCAL IMPACT: There is no fiscal impact associated with the recommended action. All revenues and expenditures are recorded in the Big Rock Mesa Landslide Maintenance District Fund 290. The total District levy for Fiscal Year (FY) 2023-24 is $356,470.90 for continued operation, maintenance and capital improvements, with each Benefit Assessment Unit (BAU) assessed at $504.85. As the average single-family home has two BAUs the annual assessment will be $1,009.69 per household (see Table IV-1 on page 5 of Assessment Engineer’s Report – Attachment 1). The maximum allowable assessment amount of $1,009.69 for two BAUs, which includes an allowed annual increase set by the Consumer Price Index, not to exceed 5%. The annual assessment for FY 2023-24 is an increase of $35.56 (per household) over the FY 2022-23 assessment of $974.13, an increase of 3.65%.

WORK PLAN: This item was included as item 8.i in the Adopted Work Plan for FY 2022-

23. DISCUSSION: The City administers the Big Rock Mesa Landslide Assessment District on behalf of the District’s homeowners. The District was originally established by Los Angeles County as County Improvement District No. 2629R2 following the major landslide during the winter storms in 1983, with the purpose of improving the stability of the City Council Meeting
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Agenda Item # 4.B.
landslide. As a result of the “El Nino” storms in 1998 and landslide movement, the City Council formed Assessment District 98-1 (Big Rock Mesa) pursuant to the Municipal Improvement Act of 1913. This District was formed to construct new dewatering and monitoring facilities in the eastern mesa area and to take over maintenance of the entire dewatering system, replacing the maintenance function of the Los Angeles County assessment district.

Yeh & Associates, Inc., under contract with the City of Malibu, monitors and maintains the District facilities that include 24 dewatering wells, 36 hydraugers, and numerous slope inclinometers and standpipe piezometers. The dewatering wells and hydraugers lower the groundwater level in the landslide area, thereby improving the stability of the hillside.

Readings from the hydraugers are recorded on a monthly basis. The volume of the groundwater is recorded from the dewatering wells on a monthly basis. Ground water levels are measured within the inclinometers/standpipe piezometers on a monthly basis.

Monitoring of subsurface land movement is done using slope inclinometers, drilled into the ground to depths up to 400 ft. The inclinometers are recorded on a quarterly to annual basis. In addition, the quality of the water extracted is monitored on a quarterly basis in accordance with the Districts’ National Pollutant Discharge Elimination System (NPDES) permit.

For the upcoming fiscal year, anticipated work budgeted includes NPDES water quality monitoring, recording discharge from dewatering wells and hydraugers, slope inclinometer surveys, crack and ground surface monitoring, groundwater level monitoring, performing maintenance to dewatering wells, hydraugers, collection piping, and equipment, and data management, administration, and reporting. Proposed capital improvement projects being coordinated for the next year include replacing an existing inclinometer.

Both the Annual Assessment District report and the Annual Maintenance District reports are posted on the City’s website. In May 2023, a letter was sent to all property owners in the district advising them of the availability of these reports (Attachment 2).

ATTACHMENTS:

1. Resolution No. 23-22

2. Letter sent to property owners on availability of annual reports

3. Notice of Public Hearing
2 ATTACHMENT 1
RESOLUTION NO. 23-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU LEVYING

AN ASSESSMENT FOR THE MAINTENANCE, REPAIR AND IMPROVEMENT OF WORKS, SYSTEMS AND FACILITIES OF ASSESSMENT DISTRICT NO. 98-1 (BIG ROCK MESA) FOR FISCAL YEAR 2023-2024
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. The City Council of the City of Malibu, State of California, did on May 11, 1998, adopt its resolution of intention, Resolution No. 98-030, pursuant to the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code (commencing with Section 10000) (the "1913 Act") and the alternative proceedings under the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, Part 7.5 of Division 4 of the Streets and Highways Code (commencing with Section 2960), for the reconstruction and annual maintenance of certain public improvements, together with appurtenances and appurtenant work in connection therewith (collectively, the "Improvements"), in a special assessment district known and designated as Assessment District No. 98-1 (Big Rock Mesa) (hereinafter referred to as the "Assessment District").

B. Section 5 of the Resolution of Intention No. 98-030 declared the Council’s intention to levy an assessment to maintain, repair or improve the Improvements pursuant to Section 10100.8 of the 1913 Act.

C. On June 29, 1998, the City Council adopted Resolution No. 98-049 confirming assessments and ordering improvements made for Assessment District No. 98-1.

D. The City Council proposes to levy an assessment for the maintenance, repair and improvement of the Improvements for Fiscal Year 2023-2024 pursuant to the authorization contained in Section 5 of the Resolution of Intention No. 98-030.

E. The City Clerk fixed a time and place for a public hearing relating to the proposed assessment.

F. At the time set for the public hearing, all comments, objections and protests were duly heard and considered.

G. All evidence, both oral and written, relative to the necessity for the proposed assessment was heard and considered.

H. The City Council is now satisfied as to the proposed assessment.

I. The City Council previously designated the City Engineer to perform the duties of the Superintendent of Streets for purposes of the proceedings in connection with the annual levy of assessments for the maintenance and repair or improvement of the Improvements pursuant to Section 10100.8 of the 1913 Act.
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SECTION 2. The Annual Assessment Report for Assessment District No. 98-1, City of Malibu, Big Rock Mesa, dated May 22, 2023 (Attachment A) is hereby accepted.

SECTION 3. The City Council hereby approves the estimate of expenditures for the maintenance, repair and improvement of the Improvements for Fiscal Year 2023-2024 as shown on Exhibit A of the Annual Assessment Report, attached hereto and incorporated herein by reference. The City Council hereby determines to levy and collect a special assessment in the amount of the estimate of expenditures contained in Exhibit B of the Engineer’s Report, attached hereto and incorporated herein by reference, such special assessment to provide for the maintenance, repair and improvement of the Improvements for Fiscal Year 2023-2024.

SECTION 4. The apportionment and the method of spread of the special assessment, as shown in Exhibit C of the Engineer’s Report, attached hereto and incorporated herein by reference, are hereby approved and adopted as being a correct and proper apportionment, the assessment having been spread in accordance with benefits to be received.

SECTION 5. The assessments set forth in Exhibit B of the Engineer’s Report, attached hereto and incorporated herein by reference are hereby confirmed and the City Council hereby determines that the assessments as set forth in Exhibit B shall be levied, collected and enforced at the same time, in the same manner, by the same officers, and with the same interest and penalties as in the case of the assessment levied to pay for the Improvements.

SECTION 6. The City Council hereby finds that, due to the marginal stability of the Big Rock area and the nature of the Big Rock Mesa landslide mitigation system and facilities, the approved maintenance, repair and improvement expenses have to be incurred in order to maintain the level of benefit to the assessed parcels. The City Council further finds that the level of benefit derived from the Improvements would otherwise decline more rapidly than usual for other public works of the type involved because of the circumstances which do not ordinarily affect such public works, to wit, geologic instability.

SECTION 7. The City Council hereby finds that notice of the time and place of the public hearing regarding the proposed assessment has been given as required by law.

SECTION 8. A special fund was established to be maintained and administered in accordance with the provisions of Section 10100.8 of the 1913 Act, into which all payments received upon the assessment shall be deposited.

SECTION 9. The officers of the City are hereby authorized and directed to take such actions as may, in the view of such officers, be necessary or appropriate to implement the matters contemplated by this Resolution and the other documents and instruments related thereto.

SECTION 10. The levy of the proposed assessment is for the maintenance, repair or minor alteration of existing facilities to provide landslide mitigation services. Therefore, the City Council hereby finds that the assessment and this Resolution have no significant effect on the environment for the purposes of the California Environmental Quality Act ("CEQA"). The assessment and this Resolution are therefore exempt from CEQA pursuant to Title 14 of the California Code of Regulations Section 15061 (b) (3) and Section 15301.
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SECTION 11. 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 22nd day of May 2023. _____________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
_________________________________
TREVOR RUSIN, Interim City Attorney
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37 May 1, 2023
«Owner_Name»
«Mail_Address_Final»
«Mail_City_Final», «Mail_State_Final», «Map_Zip_Final»
«Special_Name»
Re: Internet Access to Annual Reports --Assessment District No. 98-1 Assessment No.: «Assessment_Number» Assessor's Parcel No.: «APN» Situs Address: «Situs_Address»
Dear Property Owner:

The City of Malibu will hold a public hearing on May 22, 2023 to hear comments and consider a resolution levying assessments for the maintenance, repair and improvements of works, systems and facilities for Assessment District No. 98-1 (Big Rock Mesa). The geologist's annual report for the previous fiscal year, which is entitled "FY21/22 Maintenance and Monitoring AD98-1, Big Rock Mesa," is posted on the City of Malibu's website. The report presents detailed discussions on the status of the district and maintenance and monitoring activitiesfor the past fiscal year.

In addition, the fiscal year 2023-24 annual assessment report for the assessment district, which is entitled "City of Malibu Assessment District No. 98-01 Big Rock Mesa Annual Administration Report FY 2023-2024," can be found in the City Council agenda package for the May 22, 2023 City Council meeting. Staff anticipates that this year's assessments will increase by 3.65%, which is equal to the annual change in the CPI (March 2023), as specified in the annual assessment report. Please follow the steps below to access the reports.

PRIOR YEAR GEOLOGIST AND

ANNUAL ASSESSMENT REPORTS
FY 2023-24

ANNUAL ASSESSMENT REPORT

1. Go to https://www.malibucity.org/

2. Click on City Government (top of page)

3. Click on Public Works(left side of page)

4. Click on Assessment Districts(left side of page)

5. Click on the Big Rock Mesa. Within the district's
homepage, click on Annual Assessment Reports or
Geologist's Annual Report.

1. Go to https://www.malibucity.org/

2. Click on City Government (top of page)

3. Click on City Council (left side of page)

4. Click on Agendas & Minutes(left side of page)

5. Click on the View Recent Agendas and Minutes.

6. Click on the May 22, 2023 Regular Meeting link.

Locate the Big Rock Mesa agenda item and
download the agenda item PDF file.

If you would like additional information, please contact Brandie Ayala at (310) 456-2489 ext. 352 Sincerely yours,
Mitch Mosesman
30 Three Sixty Public Finance, Inc.
for
Rob DuBoux
Public Works Director / City Engineer
City ofMalibu
23825 Stuart Ranch Road ♦ Malibu, California ♦ 90265-4861 Phone (310) 456-2489 ♦ Fax (310) 317-0950 ♦www.malibucity.org ATTACHMENT 2
38 ATTACHMENT 3

NOTICE OF PUBLIC HEARING

CITY OF MALIBU

CITY COUNCIL
The City of Malibu City Council will hold a public hearing on MONDAY, May 22, 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.

PUBLIC HEARING TO HEAR COMMENTS AND CONSIDER

RESOLUTION LEVYING ASSESSMENTS FOR THE

MAINTENANCE, REPAIR AND IMPROVEMENT OF WORKS,
SYSTEMS AND FACILITIES FOR THE FOLLOWING:

Assessment District No. 98-1 (Big Rock)
Written objections or comments regarding the Assessment Districts may be submitted to the City Clerk by email to [email protected] between now and Monday, May 22, 2023. If you are unable to submit your objections by email please contact the City Clerk at (310) 456-2489, ext. 228 to make alternative arrangements. All written objections or comments must be received prior to the opening of the public hearing.

A copy of all relevant material, including resolutions, staff reports, and Engineer's Reports, are on file and available by request. Requests or questions about this notice should be directed to Public Works Director Robert DuBoux at (310) 456-2489 ext. 339 or [email protected].

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

RAISING ONLY THOSE ISSUES RAISED AT THE PUBLIC HEARING DESCRIBED IN

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

Robert DuBoux, Public Works Director
Publish Date: May 11 and May 18, 2023
39

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Agenda Item # 4.C.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Brandie Ayala, Administrative Analyst
Reviewed by: Robert DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: May 3, 2023 Meeting date: May 22, 2023
Subject: Assessment District 98-3 (Malibu Road)
RECOMMENDED ACTION: 1) Conduct the Public Hearing; and 2) Adopt Resolution No. 23-23 levying an assessment for the maintenance, repair and improvements works, systems and facilities of Assessment District 98-3 (Malibu Road) for Fiscal Year 2023- 2024.

FISCAL IMPACT: There is no fiscal impact associated with the recommended action. All revenues and expenditures are recorded in Malibu Road Landslide Maintenance District Fund 292. The total District levy for Fiscal Year (FY) 2023-24 is $64,632.94 for continued maintenance and improvements, with each Benefit Assessment Unit (BAU) per single family household assessed at $646.33 (see Table IV-1 on page 5 of Assessment Engineer’s Report – Attachment 1). The maximum allowable assessment amount is $646.33 per BAU, which includes an allowed annual increase set by the Consumer Price Index, not to exceed 5%. The annual assessment of $1,292.66 and $646.33 per Zone A and Zone B household, respectively for FY 2023-24 is an increase of $45.52 and $22.76 per Zone A and Zone B household, respectively, over the 2022-2023 assessment of $1,247.14 and $623.57 per Zone A and Zone B household, respectively. The proposed increase is 3.65% per BAU for FY 2022-23.

WORK PLAN: This item was included as item 8.i in the Adopted Work Plan for FY 2022-

23. DISCUSSION: The City administers the Malibu Road Landslide Assessment District on behalf of the District’s homeowners. The District was originally established by Los Angeles County as County Service Area No. 2 with the purpose of improving the stability of the City Council Meeting
05-22-23
Item

4.C.

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Agenda Item # 4.C.
landslide activated by the heavy winter storms in 1977-1978. As a result of the “El Nino” storms in 1998 and landslide movement, the City Council formed Assessment District 98- 3 (Malibu Road) pursuant to the Municipal Improvement Act of 1913. This District was formed to construct new dewatering facilities and also to take over maintenance of the entire dewatering system, replacing the maintenance function of the original Los Angeles County assessment district.

Yeh & Associates, Inc., under contract with the City of Malibu, monitors and maintains the District facilities that include 14 dewatering wells, 19 hydraugers, and numerous slope inclinometers and standpipe piezometers. The dewatering wells and hydraugers lower the groundwater level in the landslide area, thereby improving the stability of the hillside.

Readings from the hydraugers are recorded on a monthly basis. Discharge volume is recorded from the dewatering wells on a monthly basis. Water levels are measured within the inclinometers/standpipe piezometers on a monthly basis. Monitoring of subsurface land movement is done using slope inclinometers, drilled into the ground to depths up to 80 ft. The inclinometers are recorded on a quarterly to annual basis.

For the upcoming fiscal year, anticipate work budgeted includes recording discharge from dewatering wells and hydraugers, slope inclinometer surveys, crack and ground surface monitoring, groundwater level monitoring, performing maintenance to dewatering wells, hydraugers, collection piping, and equipment and data management, administration, and reporting. Proposed capital improvement projects being coordinated for the next year includes aerial survey and design for surface drainage improvements.

ATTACHMENTS:

1. Resolution No. 23-23

2. Letter sent to property owners on availability of annual reports

3. Notice of Public Hearing
ATTACHMENT 1
RESOLUTION NO. 23-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

LEVYING AN ASSESSMENT FOR THE MAINTENANCE, REPAIR AND

IMPROVEMENT OF WORKS, SYSTEMS AND FACILITIES OF
ASSESSMENT DISTRICT NO. 98-3 (MALIBU ROAD) FOR FISCAL YEAR 2023-2024
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. The City Council of the City of Malibu, State of California, did on May 11, 1998, adopt its resolution of intention, Resolution No. 98-036, pursuant to the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code (commencing with Section 10000) (the "1913 Act") and the alternative proceedings under the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, Part 7.5 of Division 4 of the Streets and Highways Code (commencing with Section 2960), for the reconstruction and annual maintenance of certain public improvements, together with appurtenances and appurtenant work in connection therewith (collectively, the "Improvements"), in a special assessment district known and designated as Assessment District No. 98-3 (Malibu Road) (hereinafter referred to as the "Assessment District").

B. Section 5 of the Resolution of Intention No. 98-036 declared the Council’s intention to levy an assessment to maintain, repair or improve the Improvements pursuant to Section 10100.8 of the 1913 Act.

C. On June 29, 1998, the City Council adopted Resolution No. 98-053 confirming assessments and ordering improvements made for Assessment District No. 98-3.

E. The City Clerk fixed a time and place for a public hearing relating to the proposed assessment.

F. At the time set for the public hearing, all comments, objections and protests were duly heard and considered.

G. All evidence, both oral and written, relative to the necessity for the proposed assessment was heard and considered.

H. The City Council is now satisfied as to the proposed assessment.

Resolution No. 23-23

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ATTACHMENT 1
SECTION 2. The Annual Assessment Report for Assessment District No. 98-3, City of Malibu, Malibu Road, dated May 22, 2023 (Attachment A) is hereby accepted.

SECTION 3. The City Council hereby approves the estimate of expenditures for the maintenance, repair and improvement of the Improvements for Fiscal Year 2023-2024 as shown on Exhibit A of the Annual Assessment Report, attached hereto and incorporated herein by reference. The City Council hereby determines to levy and collect a special assessment in the amount of the estimate of expenditures contained in Exhibit B of Engineer’s Report, attached hereto and incorporated herein by reference, such special assessment to provide for the maintenance, repair and improvement of the Improvements for Fiscal Year 2023-2024.

SECTION 4. The apportionment and the method of spread of the special assessment, as shown in Exhibit C of Engineer’s Report, attached hereto and incorporated herein by reference, are hereby approved and adopted as being a correct and proper apportionment, the assessment having been spread in accordance with benefits to be received.

SECTION 5. The assessments set forth in Exhibit B of Engineer’s Report, attached hereto and incorporated herein by reference, are hereby confirmed and the City Council hereby determines that the assessments as set forth in Exhibit B shall be levied, collected and enforced at the same time, in the same manner, by the same officers, and with the same interest and penalties as in the case of the assessment levied to pay for the Improvements.

SECTION 6. The City Council hereby finds that, due to the marginal stability of the Malibu Road area and the nature of the Malibu Road landslide mitigation system and facilities, the approved maintenance, repair and improvement expenses have to be incurred in order to maintain the level of benefit to the assessed parcels. The City Council further finds that the level of benefit derived from the Improvements would otherwise decline more rapidly than usual for other public works of the type involved because of the circumstances which do not ordinarily affect such public works, to wit, geologic instability.

SECTION 7. The City Council hereby finds that notice of the time and place of the public hearing regarding the proposed assessment has been given as required by law.

SECTION 9. The officers of the City are hereby authorized and directed to take such actions as may, in the view of such officers, be necessary or appropriate to implement the matters contemplated by this resolution and the other documents and instruments related thereto.

Resolution No. 23-23

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ATTACHMENT 1
SECTION 11. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

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ATTACHMENT 1

ATTACHMENT A
Resolution No. 23-23

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ATTACHMENT 1
May 1, 2023
«Owner_Name»
«Mail_Address_Final»
«Mail_City_Final», «Mail_State_Final», «Map_Zip_Final»
«Special_Name»
Re: Internet Access to Annual Reports --Assessment District No. 98-3 Assessment No.: «Assessment_Number» Assessor's Parcel No.: «APN» Situs Address: «Situs_Address»
Dear Property Owner:

The City of Malibu will hold a public hearing on May 22, 2023 to hear comments and consider a resolution levying assessments for the maintenance, repair and improvements of works, systems and facilities for Assessment District No. 98-3 (Malibu Road). The geologist's annual report for the previous fiscal year, which is entitled "FY21/22 Maintenance and Monitoring AD98-3, Malibu Road," is posted on the City of Malibu's website. The report presents detailed discussions on the status of the district and maintenance and monitoring activitiesfor the past fiscal year.

In addition, the fiscal year 2023-24 annual assessment report for the assessment district, which is entitled "City of Malibu Assessment District No. 98-03 Malibu Road Annual Administration Report FY 2023-2024," can be found in the City Council agenda package for the May 22, 2023 City Council meeting. Staff anticipates that this year's assessments will increase by 3.65%, which is equal to the annual change in the CPI (March 2023), as specified in the annual assessment report. Please follow the steps below to access the reports.

PRIOR YEAR GEOLOGIST AND

ANNUAL ASSESSMENT REPORTS
FY 2023-24

ANNUAL ASSESSMENT REPORT

1. Go to https://www.malibucity.org/

2. Click on City Government (top of page)

3. Click on Public Works(left side of page)

4. Click on Assessment Districts(left side of page)

5. Click on the Malibu Road. Within the district's
homepage, click on Annual Assessment Reports or
Geologist's Annual Report.

1. Go to https://www.malibucity.org/

2. Click on City Government (top of page)

3. Click on City Council (left side of page)

4. Click on Agendas & Minutes(left side of page)

5. Click on the View Recent Agendas and Minutes.

6. Click on the May 22, 2023 Regular Meeting link.

Locate the Malibu Road agenda item and
download the agenda item PDF file.

NOTICE OF PUBLIC HEARING

CITY OF MALIBU

PUBLIC HEARING TO HEAR COMMENTS AND CONSIDER

RESOLUTION LEVYING ASSESSMENTS FOR THE

MAINTENANCE, REPAIR AND IMPROVEMENT OF WORKS,
SYSTEMS AND FACILITIES FOR THE FOLLOWING:

Assessment District No. 98-3 (Malibu Road)
Written objections or comments regarding the Assessment Districts may be submitted to the City Clerk by email to [email protected] between now and Monday, May 22, 2023. If you are unable to submit your objections by email please contact the City Clerk at (310) 456-2489, ext. 228 to make alternative arrangements. All written objections or comments must be received prior to the opening of the public hearing.

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

RAISING ONLY THOSE ISSUES RAISED AT THE PUBLIC HEARING DESCRIBED IN

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

Robert DuBoux, Public Works Director
Publish Date: May 11 and May 18, 2023

Page 1 of 2 ends

Agenda Item # 4.D.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Brandie Ayala, Administrative Analyst
Reviewed by: Robert DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: May 3, 2023 Meeting date: May 22, 2023
Subject: Assessment District 98-2 (Calle Del Barco)
RECOMMENDED ACTION: 1) Conduct the Public Hearing; and 2) Adopt Resolution No. 23-24 levying an assessment for the maintenance, repair and improvements works, systems and facilities of Assessment District 98-2 (Calle Del Barco) for Fiscal Year 2023- 2024.

FISCAL IMPACT: There is no fiscal impact associated with the recommended action. All revenues and expenditures are recorded in Calle Del Barco Landslide Maintenance District Fund 291. The total District levy for Fiscal Year (FY) 2023-24 is $92,155.70 for continued maintenance and improvements. Each Benefit Assessment Unit (BAU) per single family household will be assessed at $970.06 (see Table IV-1 on page 5 of Assessment Engineer's Report - Attachment 1). The maximum allowable assessment amount is $1,357.28 per BAU, which includes an allowed annual increase set by the Consumer Price Index, not to exceed 5%. The annual assessment of $1,940.12 and $970.06 per Zone A and Zone B/C household, respectively for FY 2023-24 is an increase of $107.48 and $53.74 per Zone A and Zone B/C household, respectively, over the FY 2022-23 assessment of $1,832.64 and $916.32 per Zone A and Zone B/C household, respectively. The proposed increase is 3.65% per BAU for Fiscal Year 2023-2024.

WORK PLAN: This item was included as item 8.i in the Adopted Work Plan for FY 2022-

23. DISCUSSION: The City administers the Calle Del Barco Landslide Assessment District on behalf of the district's homeowners. The district was originally established by Los Angeles County as County Improvement District Nos. 2608 and 2639 with the purpose of City Council Meeting
05-22-23
Item

4.D.

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Agenda Item # 4.D.
improving the stability of the landslide activated by the heavy winter storms in 1977-1978.

As a result of the "El Nino" storms in 1998 and landslide movement, the City Council formed the new Assessment District 98-2 (Calle Del Barco) pursuant to the Municipal Improvement Act of 1913. This district was formed to construct new dewatering and monitoring facilities and to take over maintenance of the entire dewatering system, replacing the maintenance function of the original Los Angeles County assessment district.

Yeh & Associates, Inc., under contract with the City of Malibu, monitors and maintains the district facilities that include 11 dewatering wells, 11 hydraugers, and numerous slope inclinometers and standpipe piezometers. The dewatering wells and hydraugers lower the groundwater level in the landslide area, thereby improving the stability of the hillside.

Readings from the hydraugers are recorded monthly. Discharge volume is recorded from the dewatering wells monthly. Water levels are measured within the inclinometers/standpipe piezometers monthly. Monitoring of subsurface land movement is done using the slope inclinometers, drilled into the ground to depths up to 130 ft. The inclinometers are recorded on a quarterly to annual basis.

For the upcoming fiscal year, anticipated work budgeted includes recording discharge from dewatering wells and hydraugers, slope inclinometer surveys, crack and ground surface monitoring, groundwater level monitoring, data plotting and analysis, and performing maintenance to dewatering wells, hydraugers, collection piping, and equipment. Proposed capital improvement projects being coordinated for the next year include upgrading flow meter equipment to facilitate remote meter readings.

Both the Annual Assessment District report and the Annual Maintenance District reports are posted on the City's website. In June 2023, a letter will be sent to all property owners in the district advising them of the availability of these reports (Attachment 2).

ATTACHMENTS:

1. Resolution No. 23-24

2. Letter sent to property owners on availability of annual reports

3. Notice of Public Hearing
ATTACHMENT 1
RESOLUTION NO. 23-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

LEVYING AN ASSESSMENT FOR THE MAINTENANCE, REPAIR AND

IMPROVEMENT OF WORKS, SYSTEMS AND FACILITIES OF
ASSESSMENT DISTRICT NO. 98-2 (CALLE DEL BARCO) FOR FISCAL YEAR 2023-2024
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. The City Council of the City of Malibu, State of California, did on May 11, 1998, adopt its resolution of intention, Resolution No. 98-033, pursuant to the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code (commencing with Section 10000) (the "1913 Act") and the alternative proceedings under the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, Part 7.5 of Division 4 of the Streets and Highways Code (commencing with Section 2960), for the reconstruction and annual maintenance of certain public improvements, together with appurtenances and appurtenant work in connection therewith (collectively, the "Improvements"), in a special assessment district known and designated as Assessment District No. 98-2 (Calle Del Barco) (hereinafter referred to as the "Assessment District").

B. Section 5 of the Resolution of Intention No. 98-033 declared the Council’s intention to levy an assessment to maintain, repair or improve the Improvements pursuant to Section 10100.8 of the 1913 Act.

C. On June 29, 1998, the City Council adopted Resolution No. 98-051 confirming assessments and ordering improvements made for Assessment District No. 98-2.

E. The City Clerk fixed a time and place for a public hearing relating to the proposed assessment.

F. At the time set for the public hearing, all comments, objections and protests were duly heard and considered.

G. All evidence, both oral and written, relative to the necessity for the proposed assessment was heard and considered.

H. The City Council is now satisfied as to the proposed assessment.

Resolution No. 23-24

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ATTACHMENT NO. 1
I. The City Council previously designated the City Engineer to perform the duties of the Superintendent of Streets for purposes of the proceedings in connection with the annual levy of assessments for the maintenance and repair or improvement of the Improvements pursuant to Section 10100.8 of the 1913 Act.

SECTION 2. The Annual Assessment Report for Assessment District No. 98-2, City of Malibu, Calle Del Barco, dated May 22, 2023 (Attachment A) is hereby accepted.

SECTION 3. The City Council hereby approves the estimate of expenditures for the maintenance, repair and improvement of the Improvements for Fiscal Year 2023-2024 as shown on Exhibit A of the Annual Assessment Report, attached hereto and incorporated herein by reference. The City Council hereby determines to levy and collect a special assessment in the amount of the estimate of expenditures contained in Exhibit B of Engineer’s Report, attached hereto and incorporated herein by reference, such special assessment to provide for the maintenance, repair and improvement of the Improvements for Fiscal Year 2023-2024.

SECTION 6. The City Council hereby finds that, due to the marginal stability of the Calle Del Barco area and the nature of the Calle Del Barco landslide mitigation system and facilities, the approved maintenance, repair and improvement expenses have to be incurred in order to maintain the level of benefit to the assessed parcels. The City Council further finds that the level of benefit derived from the Improvements would otherwise decline more rapidly than usual for other public works of the type involved because of the circumstances which do not ordinarily affect such public works, to wit, geologic instability.

SECTION 7. The City Council hereby finds that notice of the time and place of the public hearing regarding the proposed assessment has been given as required by law.

SECTION 9. The officers of the City are hereby authorized and directed to take such actions as may, in the view of such officers, be necessary or appropriate to implement the matters contemplated by this resolution and the other documents and instruments related thereto.

Resolution No. 23-24

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__________________
ATTACHMENT 1
SECTION 10. The levy of the proposed assessment is for the maintenance, repair or minor alteration of existing facilities to provide landslide mitigation services. Therefore, the City Council hereby finds that the assessment and this Resolution have no significant effect on the environment for the purposes of the California Environmental Quality Act ("CEQA"). The assessment and this Resolution are therefore exempt from CEQA pursuant to Title 14 of the California Code of Regulations Section 15061 (b) (3) and Section 15301.

SECTION 11. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

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__________________
ATTACHMENT 1

ATTACHMENT A
Resolution No. 23-24

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