Agenda packet, third session — Malibu City Council, July 10, 2023 (part 2 of 2)

nevertheless continue in full force without being impaired or invalidated in any way.

6.17 Attorneys' Fees. The parties hereto acknowledge and agree that each will bear his/her or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.

6.18 Entire Agreement. This Agreement constitutes the whole agreement between the City and the Consultant, and neither party has made any representations to the other except as expressly contained herein. Neither party, in executing or performing this Agreement, is relying upon any statement or information not contained in this Agreement. Any changes or modifications to this Agreement must be made in writing appropriately executed by both the City and the Consultant.

6.19 Notices. Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

CITY: Steve McClary CONSULTANT: Michael Corridori
City Manager Secretary
City of Malibu Earth Print, Inc. (dba CR Print)
23825 Stuart Ranch Road 31115 Via Colinas, #301
Malibu, CA 90265-4861 Westlake Village, CA 91362
TEL (310) 456-2489 x 226 TEL (818) 879-6050, x 126
FAX (310) 456-2760 FAX (818) 707-7350
EMAIL: [email protected]

6.20 Warranty of Authorized Signatories and Acceptance of Facsimile or Electronic Signatures. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

7.0 GENERAL TERMS AND CONDITIONS.

7.1 Disclosure Required. By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the

EXHIBIT 1A

SCOPE OF WORK
The City is seeking qualified firms to provide some or all of the services outlined below:
• The Provider will provide general printing services including, but not limited to, postcards, pamphlets, booklets, invitations, posters, flyers, brochures, banners, and other digital and printed graphics (Materials) using City provided files created using Adobe Creative. Paper and cardstock products will use California Senate Bill 1383 compliant materials, containing at least 30 percent postconsumer recycled content by fiber weight; eligible to be labeled with an unqualified recyclable label as defined by Federal Trade Commission “Green Guides” 16 CFR 260.12.
• Preparation of Public Notices and Mailing
o The Provider will produce a quarter-size cardstock postcard or a half-sheet cardstock postcard on colored paper. The City will provide the Provider with the wording and preferred format in a Publisher file or PDF file.
o The City will furnish the Provider with a mailing list in an Excel spreadsheet with each Public Notice request. The Provider will organize, prepare, and deliver the Public Notices, with the provided mailing list, to USPS.
o The Provider will accommodate short-turnaround timeframes, preferably 1-2 days.
• USPS Bulk Mail Services
o Communicate with USPS to determine the number of Malibu residents, businesses, and post office boxes for zip codes 90265 and 90264. USPS bulk mail quantities will determine the number of Materials to print.
o Sort and deliver copies of the Materials, based on USPS’s bulk mail system and routing information to the Malibu USPS bulk mail office. o Utilize USPS’s online mail management system, Postal Wizard, to submit USPS bulk mail forms on behalf of the City.
• Design and layout of articles, pictures, graphs, tables, and/or graphics services
o Copy content review and editing (including spelling and grammar) o Creative arts services
o Art Direction
o Color correction
o Copy fitting and typography
o Image selection as needed.
o Image cropping, sizing, and retouching
o Work with City staff to obtain photographs for special projects. If a City photograph cannot be used, the firm will provide purchased stock photographs.
o Use only public domain images or graphics unless expressly authorized to use copyright images
o If required, provide a digital file formatted for website viewing o Provide the City with original artwork, as needed
o Forward finished artwork files for digital delivery to the printer if the Provider is using a sub-contractor
Quotation
No: 24732 Date: 06/28/23
Gail Duncan
City of Malibu
23825 Stuart Ranch Rd
Malibu CA 90265
SHIP TO:

Thousand Oaks Post Office
Thousand Oaks Post Office
Our Truck
Acct.No
838
Ordered by
Gail Duncan
Phone P.O. No Prepared by
Robyn
Sales Rep
Mike C.

Ship By
Our Truck
Description
Public Notice Postcard Mailings 4.25 x 5.5
Quantity
100
Price
119.50
150 127.50
200 133.00
250 139.50
300 145.50
500 168.50
750 199.00
1,000 228.00
does not include postage.

Cover: 65# Astrobright Cvr All Colors 4.25 x 5.5 Solar Yellow Front: Black
Back: Black
Thank you.

CR Print · 31115 Via Colinas Unit 301 · Westlake Village CA 91362 · (818) 879-6050 EXHIBIT 1B - FEE SCHEDULES
Quotation
No: 24733 Date: 06/28/23
Gail Duncan
City of Malibu
23825 Stuart Ranch Rd
Malibu CA 90265
SHIP TO:

Thousand Oaks Post Office
Thousand Oaks Post Office
Our Truck
Acct.No
838
Ordered by
Gail Duncan
Phone P.O. No Prepared by
Mike
Sales Rep
Mike C.

Ship By
Our Truck
Description
Public Notice Postcard Mailings 8.5 x 5.5
Quantity
100
Price
127.00
150 138.00
200 146.00
250 155.50
300 165.50
500 203.00
750 242.50
1,000 280.00
does not include postage
Vellum Bristol: 67# Springhill VB Colors 8.5 x 5.5 canary Front: Black
Back: Black
Thank you.

CR Print · 31115 Via Colinas Unit 301 · Westlake Village CA 91362 · (818) 879-6050 Quotation
No: 24736 Date: 06/28/23
Christy Rector
City of Malibu
23825 Stuart Ranch Rd
Malibu CA 90265
SHIP TO:

City of Malibu
23825 Stuart Ranch Rd
Malibu CA 90265
Our Truck
Acct.No
838
Ordered by
Christy Rector
Phone P.O. No Prepared by
Mike
Sales Rep
Mike C.

Ship By
Our Truck
Description

8.5 x 5.5 Postcard
Quantity
250
Price
204.00
500 275.00
1,000 401.00
Coated Covers - Digital: 12pt Tango C2S 5.5 x 8.5
Front: Color
Back: Color
5 x 7 Postcard
Quantity
250
Price
204.00
500 275.00
1,000 401.00
Coated Covers - Digital: 12pt Tango C2S 5 x 7
Front: Color
Back: Color

4.25 x 5.5 Postcard
Quantity
250
Price
169.00
500 208.00
1,000 279.00
Coated Covers - Digital: 12pt Tango C2S 5.5 x 4.25
Front: Color
Back: Color
continued...

Quotation
No: 24736 Date: 06/28/23

Page 2 ends

Christy Rector
City of Malibu
23825 Stuart Ranch Rd
Malibu CA 90265
SHIP TO:

City of Malibu
23825 Stuart Ranch Rd
Malibu CA 90265
Our Truck
Acct.No
838
Ordered by
Christy Rector
Phone P.O. No Prepared by
Mike
Sales Rep
Mike C.

Ship By
Our Truck
Description
Thank you.

CR Print · 31115 Via Colinas Unit 301 · Westlake Village CA 91362 · (818) 879-6050 Quotation
No: 24737 Date: 06/28/23
Patricia Salazar
City of Malibu
23825 Stuart Ranch Rd
Malibu CA 90265
SHIP TO:

City of Malibu
23825 Stuart Ranch Rd
Malibu CA 90265
Our Truck
Acct.No
838
Ordered by
Patricia Salazar
Phone P.O. No Prepared by
Mike
Sales Rep
Mike C.

Ship By
Our Truck
Quantity Description Price
2,500 234.00 No. 10 Window Envelopes
Env: Business: 24# Window White #10
Front: Black
2,500 216.00 No. 10 Regular Envelope
Env: Business: 24# Regular White #10
Front: Black
Thank you.

CR Print · 31115 Via Colinas Unit 301 · Westlake Village CA 91362 · (818) 879-6050 Quotation
No: 24738 Date: 06/28/23
Miriam Woodrow
City of Malibu
23825 Stuart Ranch Rd
Malibu CA 90265
SHIP TO:

City of Malibu
23825 Stuart Ranch Rd
Malibu CA 90265
Sales Rep Deliver
Acct.No
838
Ordered by
Miriam Woodrow
Phone
310 456-2489
P.O. No Prepared by
Mike
Sales Rep
Mike C.

Ship By
Sales Rep Deliver
Description
4-Page Brochure
Quantity
250
Price
416.00
500 646.00
score and fold to 8.5 x 11
Coated Text - Digital: 100# Pacesetter Gloss 11 x 17
Front: Color
Back: Color
Thank you.

CR Print · 31115 Via Colinas Unit 301 · Westlake Village CA 91362 · (818) 879-6050 Quotation
No: 24739 Date: 06/28/23
Miriam Woodrow
City of Malibu
23825 Stuart Ranch Rd
Malibu CA 90265
SHIP TO:

City of Malibu
23825 Stuart Ranch Rd
Malibu CA 90265
Sales Rep Deliver
Acct.No
838
Ordered by
Miriam Woodrow
Phone
310 456-2489
P.O. No Prepared by
Mike
Sales Rep
Mike C.

Ship By
Sales Rep Deliver
Description
Tri-Fold Brochure
Quantity
250
Price
293.00
500 411.00
score and tri-fold
Coated Text - Digital: 100# Pacesetter Gloss 11 x 8.5
Front: Color
Back: Color
Thank you.

CR Print · 31115 Via Colinas Unit 301 · Westlake Village CA 91362 · (818) 879-6050

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of July 10, 2023 by and between the City of Malibu (hereinafter referred to as the "City"), and Totalgraphics (hereinafter referred to as "Consultant").

The City and the Consultant agree as follows:

R E C I T A L S
A. The City does not have the personnel able and/or available to perform the services required under this Agreement.

B. The City desires to contract out for consulting services for certain projects relating to on-call printing of banners, signs, banner stands, and window or floor decals.

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

D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement.

NOW, THEREFORE, the City and the Consultant agree as follows:

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

2.0 TERM OF AGREEMENT. This Agreement will become effective on August 1, 2023 and will remain in effect for a period of two years from said date unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein.

3.0 CITY AGENT. The City Manager, or his or her designee, for the purposes of this Agreement, is the agent for the City; whenever approval or authorization is required, Consultant understands that the City Manager, or his or her designee, has the authority to provide that approval or authorization.

4.0 COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with the Scope of Work’s fee and cost schedule as described in Exhibit B of this Agreement. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his or her designee.

ATTACHMENT 2
Agreement for Professional Services
Totalgraphics

Page 2 of 7 ends

4.1 The Consultant shall submit to the City, by no later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the previous month.

The City shall pay the Consultant all uncontested amounts set forth in the Consultant's bill within 30 days after it is received.

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

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

5.2 If a portion of the Consultant’s services called for under this Agreement shall ultimately be paid for by reimbursement from and through an agreement with a developer of any land within the City or with a City franchisee, the Consultant warrants that it has not performed any work for such developer/franchisee within the last 12 months, and shall not negotiate, offer or accept any contract or request to perform services for that identified developer/franchisee during the term of this Agreement.

6.0 GENERAL TERMS AND CONDITIONS.

6.1 Termination. Either the City Manager or the Consultant may terminate this Agreement, without cause, by giving the other party ten (10) days written notice of such termination and the effective date thereof.

6.1.1 In the event of such termination, all finished or unfinished documents, reports, photographs, films, charts, data, studies, surveys, drawings, models, maps, or other documentation prepared by or in the possession of the Consultant under this Agreement shall be returned to the City. If the City terminates this Agreement without cause, the Consultant shall prepare and shall be entitled to receive compensation pursuant to a close-out bill for services rendered and fees incurred pursuant to this Agreement through the notice of termination.

If the Consultant terminates this Agreement without cause, the Consultant shall be paid only for those services completed in a manner satisfactory to the City.

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

Agreement for Professional Services
Totalgraphics

Page 3 of 7 ends

6.2 Non-Assignability. The Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of the City.

6.3 Non-Discrimination. The Consultant shall not discriminate as to race, creed, gender, color, national origin or sexual orientation in the performance of its services and duties pursuant to this Agreement, and will comply with all applicable laws, ordinances and codes of the Federal, State, County and City governments.

6.4 Insurance. The Consultant shall submit to the City certificates indicating compliance with the following minimum insurance requirements no less than one (1) day prior to beginning of performance under this Agreement:
(a) Workers Compensation Insurance as required by law. The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees.
(b) Comprehensive general and automobile liability insurance protecting the Consultant in amounts not less than $1,000,000 for personal injury to any one person, $1,000,000 for injuries arising out of one occurrence, and $500,000 for property damages or a combined single limit of $1,000,000. Each such policy of insurance shall:
1) Be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California or which is approved in writing by City.
2) Name and list as additional insured the City, its officers and employees.
3) Specify its acts as primary insurance.
4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be canceled nor materially changed except upon thirty (30) days prior written notice to the City of such cancellation or material change."
5) Cover the operations of the Consultant pursuant to the terms of this Agreement.

6.5 Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without Agreement for Professional Services
Totalgraphics

Page 4 of 7 ends

limitation reasonable attorney’s fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

6.6 Compliance with Applicable Law. The Consultant and the City shall comply with all applicable laws, ordinances and codes of the federal, state, county and city governments, including, without limitation, Malibu Municipal Code Chapter 5.36 Minimum Wage.

6.7 Independent Contractor. This Agreement is by and between the City and the Consultant and is not intended, and shall not be construed, to create the relationship of agency, servant, employee, partnership, joint venture or association, as between the City and the Consultant.

6.7.1. The Consultant shall be an independent contractor, and shall have no power to incur any debt or obligation for or on behalf of the City. Neither the City nor any of its officers or employees shall have any control over the conduct of the Consultant, or any of the Consultant’s employees, except as herein set forth, and the Consultant expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees are in any manner employees of the City, it being distinctly understood that the Consultant is and shall at all times remain to the City a wholly independent contractor and the Consultant's obligations to the City are solely such as are prescribed by this Agreement.

6.8 Copyright. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the Consultant.

6.9 Legal Construction.
(a) This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California.
(b) This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement.
(c) The article and section, captions and headings herein have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.
(d) Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the Agreement for Professional Services
Totalgraphics

Page 5 of 7 ends

singular shall refer to and include the plural.

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

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

6.12 Corrections. In addition to the above indemnification obligations, the Consultant shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the City, and the cost thereof shall be charged to the Consultant.

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

6.14 Waiver; Remedies Cumulative. Failure by a party to insist upon the performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.

6.15 Mitigation of Damages. In all such situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

6.16 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will Agreement for Professional Services
Totalgraphics

Page 6 of 7 ends

nevertheless continue in full force without being impaired or invalidated in any way.

6.19 Notices. Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

CITY: Steve McClary CONSULTANT: Brian Shore
City Manager Owner
City of Malibu 1107 Waverley Heights Drive
23825 Stuart Ranch Road Thousand Oaks, CA 91360
Malibu, CA 90265-4861 TEL (818) 707-2751
TEL (310) 456-2489 x 226 ALT TEL (818) 687-9883
FAX (310) 456-2760

7.0 GENERAL TERMS AND CONDITIONS.

EXHIBIT 2A

SCOPE OF WORK
The City is seeking qualified firms to provide some or all of the services outlined below:
• Banners and Signs
o Print full-color images such as the City logo
o Produce vinyl banners in a variety of sizes
o Produce corrugated signs in a variety of sizes
o Enforced grommets will be sewn into the banner or added to signage
o Add wind slits to banners
o The Provider will provide the design for banners that include text, high quality graphics, and a City logo
o The City will provide the Provider with a design in a PDF, JPEG or PNG file format for banners and signs that include graphics, text, and the City logo
o The Provider will accommodate expedited production and delivery with no surcharge, or a minimal surcharge, if necessary • Design and layout of articles, pictures, graphs, tables, and/or graphics services
o Copy content review and editing (including spelling and grammar) o Creative arts services
o Art Direction
o Color correction
o Copy fitting and typography
o Image selection as needed.
o Image cropping, sizing, and retouching
o Work with City staff to obtain photographs for special projects. If a City photograph cannot be used, the firm will provide purchased stock photographs.
o Use only public domain images or graphics unless expressly authorized to use copyright images
o If required, provide a digital file formatted for website viewing o Provide the City with original artwork, as needed
o Forward finished artwork files for digital delivery to the printer if the Provider is using a sub-contractor
1107 Waverley Heights Drive
Thousand Oaks, CA 91360
818-707-2751
2023 Price Sheet
On-Call Submission for Sign and Banner Printing

PRICE SHEET
Banners:

City of Malibu
23725 Stuart Ranch Rd
Malibu, CA 90265
Attention of Patricia Salazar
13mil Scrim Banners with hems, grommets and wind-slits (if Req) 2' X 3' = $24.00
3' X 6' = $75.00
4' X 8' = $96.00
4' X 10' = $120.00
Corragated Signs
24x36 = $27.00 each
12" Circle Floor Graphics $6.00 each
Banner Stand c/w Graphic = $155.00
Graphic for banner stand $80.00
Custom quotes available on any size and on any graphic material available on request
EXHIBIT 2B

PRICE LIST

Page 1 of 2 ends

Agenda Item # 3.B.12.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Kristin Riesgo, Community Services Director Approved by: Steve McClary, City Manager
Date prepared: June 21, 2023 Meeting date: July 10, 2023 Subject: Professional Services Agreement with American Global Security, Inc.

RECOMMENDED ACTION: Authorize the Mayor to execute a Professional Services Agreement with American Global Security, Inc. for professional park security services at City parks, special events, and facility rentals.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement is included in the Adopted Budget for FY 2023-24 in Account No. 100-4010-5100-00 (Park Maintenance Professional Services) and Account No. 100-4011-5107-00 (Special Events Contract Personnel).

WORK PLAN: This item was included as item #7.k.2 in the Adopted Work Plan for FY 2022-23. Staff continue to work on ongoing projects and normal business while the FY 2023-24 Work Plan is finalized.

DISCUSSION: On April 11, 2023, the City released a Request for Proposals (RFP) for qualified firms that could provide professional security services. The firm’s primary responsibilities include locking and securing the Malibu Equestrian Park, Las Flores Creek Park, and Trancas Canyon Park seven days a week, 365 days a year. Staff will also work with the firm to schedule security personnel at special events such as the Chumash Day Powwow and large-scale rentals at City facilities.

Proposals for the RFP were due on May 25, 2023. The City received eight proposals in response to the RFP. Staff reviewed the submitted proposals and interviewed four firms on June 14, 2023. Following the interviews, staff contacted references, verified the cost proposals, and confirmed the firm’s specifications in the submitted proposal. Based on the information, staff selected to work with American Global Security, Inc. (AGS). AGS has experience working for multiple government agencies and has video and app-based City Council Meeting
07-10-23
Item

3.B.12.

Page 2 of 2 ends

Agenda Item # 3.B.12.
reporting capabilities. City staff will have access to the digital information and may use it to monitor the work of security personnel, validate safety concerns, or track maintenance issues. Additionally, AGS is committed to environmentally sound business practices and utilizes hybrid vehicles and paperless forms through its digital systems.

The annual cost of services for securing the City parks is $37,800, and staff anticipates special event security services will be $10,000. Renters will pay expenses incurred for facility rental security.

Staff recommends the Council authorizes the Mayor to execute a Professional Services Agreement with American Global Security to provide professional security services through August 22, 2026.

ATTACHMENTS: Professional Services Agreement with American Global Security, Inc.

DocuSign Envelope ID: DFA9BF35-1219-434C-A597-A38C86208E90

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of July l 0, 2023 by and between the City of Malibu (hereinafter referred to as the "City"), and American Guard Services, Inc. (hereinafter referred to as "Consultant").

The City and the Consultant agree as follows:

RECITALS
A. The City does not have the personnel able and/or available to perform the services required under this Agreement.

B. The City desires to contract out services to secure the Malibu Equestrian Park, Las Flores Creek Park, and Trancas Canyon Park every day at closing. Additional security services include special events and facility rentals, as needed.

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

D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement.

NOW, THEREFORE, the City and the Consultant agree as follows:

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

2.0 TERM OF AGREEMENT. This Agreement will become effective on August 22, 2023, and will remain in effect for a period of three years from said date unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein.

4.0 COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with the Scope of Work's fee and cost schedule. The cost of daily services shall be $3,150 per month, and $10,000 annually for special events for a total amount not to exceed $48,000 annually. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his or her designee.

Attachment 1
DocuSign Envelope ID: DFA9BF35-1219-434C-A597-A38C862D8E90 Agreement for Professional Services
American Global Security, Inc.

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4.1 The Consultant shall submit to the City, by no later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the previous month.

The City shall pay the Consultant all uncontested amounts set forth in the Consultant's bill within 30 days after it is received.

5.1 The Consultant represents that no City employee or official has a material financial interest in the Consultant's business. During the term of this Agreement and/or as a result of being awarded this contract, the Consultant shall not offer, encourage or accept any financial interest in the Consultant's business by any City employee or official. 5 .2 If a portion of the Consultant's services called for under this Agreement shall ultimately be paid for by reimbursement from and through an agreement with a developer of any land within the City or with a City franchisee, the Consultant warrants that it has not performed any work for such developer/franchisee within the last 12 months, and shall not negotiate, offer or accept any contract or request to perform services for that identified developer/franchisee during the term of this Agreement.

6.0 GENERAL TERMS AND CONDITIONS.

If the Consultant terminates this Agreement without cause, the Consultant shall be paid only for those services completed in a manner satisfactory to the City.

DocuSign Envelope ID: DFA98F35-1219-434C-A597-A38C862D8E90 Agreement for Professional Services
American Global Security, Inc.

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6.2 Non-Assignability. The Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of the City.

I) Be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California or which is approved in writing by City.
employees.
2) Name and list as additional insured the City, its officers and 3) Specify its acts as primary insurance.
4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be canceled nor materially changed except upon thirty (30) days prior written notice to the City of such cancellation or material change."
terms of this Agreement.
5) Cover the operations of the Consultant pursuant to the

6.5 Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without DocuSign Envelope ID: DFA9BF35-1219-434C-A597-A38C862D8E90 Agreement for Professional Services
American Global Security, Inc.

Page 4 of 7 ends

limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

6.7.1. The Consultant shall be an independent contractor, and shall have no power to incur any debt or obligation for or on behalf of the City. Neither the City nor any of its officers or employees shall have any control over the conduct of the Consultant, or any of the Consultant's employees, except as herein set forth, and the Consultant expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees are in any manner employees of the City, it being distinctly understood that the Consultant is and shall at all times remain to the City a wholly independent contractor and the Consultant's obligations to the City are solely such as are prescribed by this Agreement.

6.8 Copyright. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the Consultant.

6.9 Legal Construction.
(a) This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California.
(b) This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement.
(c) The article and section, captions and headings herein have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.
( d) Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the DocuSign Envelope ID: DFA9BF35-1219-434C-A597-A38C862D8E90 singular shall refer to and include the plural.

Agreement for Professional Services
American Global Security, Inc.

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

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

6.12 Corrections. In addition to the above indemnification obligations, the Consultant shall correct, at its expense, all errors in the work which may be disclosed during the City's review of the Consultant's report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the City, and the cost thereof shall be charged to the Consultant.

6.15 Mitigation of Damages. In all such situations ansmg out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

6.16 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will DocuSign Envelope ID: DFA9BF35-1219-434C-A597-A38C862D8E90 Agreement for Professional Services
American Global Security, Inc.

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nevertheless continue in full force without being impaired or invalidated in any way.

6.19 Notices. Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

CITY: Steve McClary
City Manager
City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265-4861
TEL (310) 456-2489 x 226
FAX (310) 456-2760
CONSUL TANT: Sulaiman Abdulwali
Regional Vice President
American Global Security, Inc.
9420 Topanga Canyon Blvd
Ste 203
Chatsworth, CA 91311
TEL (818) 350-1000

7.0 GENERAL TERMS AND CONDITIONS. (City and Consultant initials required at EITHER 7.1 or 7.2)

7.1 Disclosure Required. By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a "consultant" for the purposes of the California Political Reform Act because Consultant's duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges DocuSign Envelope ID: DFA9BF35-1219-434C-A597-A38C862D8E90 Agreement for Professional Services
American Global Security, Inc.

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his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City's Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City's Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant's disclosure obligations in accordance with the City's Conflict oflnterest Code.

City Initials __ _
Consultant Initials

7.2 Disclosure not Required. By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a "consultant" for the purpose of the California Political Reform Act because Consultant's duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City's Conflict ---
of Interest Code. �s City Initials
Consultant Initials
. . 6/23/2023 This Agreement 1s executed on , at Malibu, California, and effective as of August 22, 2023.

ATTEST:

KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:

THIS DOCUMENT HAS BEEN REVIEWED

BY THE CITY ATTORNEYS OFFICE
TREVOR RUSIN, Interim City Attorney
----------
CITY OF MALIBU:

BRUCE SILVERSTEIN, Mayor
By: SULAIMAN ABDULWALI, Regional
Vice President
---

Page 1 of 2 ends

Agenda Item # 3.B.13.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Steve McClary, City Manager
Date prepared: April 27, 2023 Meeting date: July 10, 2023 Subject: Resolution Extending the Declaration of the COVID-19 Local Emergency
RECOMMENDED ACTION: Adopt Resolution No. 23-36 extending the declaration of the existence of a local emergency.

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

WORK PLAN: This item was not included in the Adopted Work Plan for Fiscal Year 2023-2024. This project is part of normal staff operations. Staff continue to work on ongoing projects and normal business while the FY 2023-24 Work Plan is finalized.

DISCUSSION: An emergency exists when conditions are beyond the control of the services, personnel, equipment, and facilities of this City. The declaration is an acknowledgement of the need for the combined forces of other political subdivisions to combat.

In 2020 a severe acute respiratory illness caused by a novel (new) coronavirus, known as COVID-19, spread globally and rapidly, resulting in severe illness and death around the world. The World Health Organization classified COVID-19 as a global pandemic.

On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency in response to the increased spread of COVID-19. The Governor’s declaration also suspended the requirement under Government Code Section 8630 for local government authorities to renew a state of local emergency every 60 days.

Additionally, on March 4, 2020, the Los Angeles County Board of Supervisors and the Department of Public Health all declared a local and public health emergency in City Council Meeting
07-10-23
Item

3.B.13.

Page 2 of 2 ends

Agenda Item # 3.B.13.
response to increased spread of COVID-19 across the country and in Los Angeles County. The President of the United States declared a federal emergency as a result of the spread of the COVID-19.

On March 14, 2020, the Director of Emergency Services of the City proclaimed the existence of a local emergency.

On March 16, 2020, the City Council adopted Resolution No. 20-14 ratifying the proclamation of the existence of a local emergency by the Director of Emergency Services.

On February 28, 2023, California Governor Gavin Newsom terminated the State of Emergency renewing the need for the City Council to review the need for continuing the local emergency at least every sixty (60) days, pursuant to Government Code Section 8630.

On April 10, 2023, the City Council adopted Resolution No. 23-15 extending the declaration of the existence of a local emergency.

On May 22, 2023, the City Council adopted Resolution No. 23-21 extending the declaration of the existence of a local emergency.

The COVID-19 emergency continues to evolve and State and Federal agencies continue to recommend social distancing to prevent the spread of COVID-19. The local state of emergency allows the City to continue emergency response programs, such as the Temporary Restaurant Recovery Program, that support social distancing and public safety during the ongoing emergency.

Government Code Section 8630 requires that the City Council review the need for continuing a local emergency at least once every 60 days until the City Council terminates the local emergency.

As such, City staff recommends adopting Resolution No. 23-36 extending the declaration of the existence of a local emergency. If adopted, the City Council will review, and as needed renew, this action at least every 60 days.

ATTACHMENTS:

1. Resolution No. 23-36
Attachment 1
RESOLUTION NO. 23-36

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

EXTENDING THE DECLARATION OF THE EXISTENCE OF A LOCAL

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

SECTION 1. Recitals.

A. In 2020 a severe acute respiratory illness caused by a novel (new) coronavirus, known as COVID-19, spread globally and rapidly, resulting in severe illness and death around the world. The World Health Organization classified COVID-19 as a global pandemic.

B. On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency in response to the increased spread of COVID-19. The Governor’s declaration also suspended the requirement under Government Code Section 8630 for local government authorities to renew a state of local emergency every 60 days.

C. Additionally, on March 4, 2020, the Los Angeles County Board of Supervisors and the Department of Public Health all declared a local and public health emergency in response to increased spread of COVID-19 across the country and in Los Angeles County. The President of the United States declared a federal emergency as a result of the spread of the COVID-19.

D. The City activated its Emergency Operations Center on March 12, 2020 and the Director of Emergency Services of the City proclaimed the existence of a local emergency on March 14, 2020.

E. On March 16, 2020, the City Council adopted Resolution No. 20-14 ratifying the proclamation of the existence of a local emergency by the Director of Emergency Services.

F. On February 28, 2023, California Governor Gavin Newsom terminated the State of Emergency renewing the need for the City Council to review the need for continuing the local emergency at least every sixty (60) days, pursuant to Government Code Section 8630.

G. On April 10, 2023, the City Council adopted Resolution No. 23-15 extending the declaration of the existence of a local emergency.

H. On May 22, 2023, the City Council adopted Resolution No. 23-21 extending the declaration of the existence of a local emergency.

I. The COVID-19 emergency continues to evolve and State and Federal agencies continue to recommend social distancing to prevent the spread of COVID-19.

Resolution No. 23-36

Page 2 of 2 ends

_____________________
J. The local state of emergency allows the City to continue emergency response programs, such as the Temporary Restaurant Recovery Program, that support social distancing and public safety during the ongoing emergency.

SECTION 2. The City Council has reviewed the staff report and conditions justifying the state of local emergency in the City and finds that the declaration of a local emergency remains valid and necessary.

SECTION 3. The local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council. As required by law, the City Council shall review the need to continue the state of emergency every 60 days until this resolution is terminated.

SECTION 4. 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 __th day of ____ 2023. _____________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney

Page 1 of 3 ends

Agenda Item # 3.B.14.

Council Agenda Report

To: Mayor Silverstein and Honorable Members of the City Council Prepared by: Joyce Parker-Bozylinski, Contract Planner
Reviewed by: Richard Mollica, Planning Director
Approved by: Steve McClary, City Manager
Date prepared: June 13, 2023 Meeting Date: July 10, 2023 Subject: Annual Progress Report Regarding the Implementation of the City’s Housing Element
RECOMMENDED ACTION: Approve the 2022 Annual Housing Element Progress Report (Attachment 1).

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

WORK PLAN: This item was included as item 4.e in the Adopted Work Plan for Fiscal Year 2022-2023.

DISCUSSION: California Government Code Section 65400(b) mandates that each city and county planning agency prepare an annual report to the California Department of Housing and Community Development (HCD) and Office of Planning and Research (OPR) regarding the implementation of the Housing Element and how the City is meeting their regional housing needs for the city. The deadline for the submittal of the report is April 1st of each year for the prior calendar year. The reports must also be reviewed by the local governing body, which can be done before or after submitting them to the State. Staff submitted the APR to HCD and OPR on April 10, 2023. An updated version of the report can be re-submitted to the State at any time if any revisions are directed by the City Council. If the APR is approved by the City Council, staff will provide notification to HCD and OPR of the Council’s approval of the report.

The Housing Element APR describes the City’s progress toward implementation of the Housing Element programs within the reporting period of 2022. Progress toward achieving the mandated Regional Housing Needs Assessment (RHNA) allocation is a key City Council Meeting
07-10-23
Item

3.B.14.

Page 2 of 3 ends

Agenda Item # 3.B.14.
component of the annual Housing Element APR. The RHNA establishes exactly how many new homes–and at what affordability levels–a jurisdiction is required to plan for within an eight-year planning cycle to address regional and State housing needs. Through the RHNA allocation, each jurisdiction is assigned its “fair share” of housing production at specified affordability levels. The attached APR documents how much net new housing development, and at which affordability levels, has occurred during the reporting year. The housing units are tracked by calculating the number of development applications submitted, project entitlements approved, building permits issued, and building permits that received final Certificate of Occupancy approval. The APR also includes status updates on the City’s progress in meeting the objectives for each of the numerous programs noted in the Housing Element.

Housing Element Background
All jurisdictions in California update their housing elements every eight years according to the State-established planning cycle. On February 12, 2014, the California Department of Housing and Community Development (HCD) certified the City’s Housing Element as meeting the requirements of state law for the planning period of 2013-2021 (5th cycle).

On January 10, 2022, the City Council adopted Resolution No. 22-67, adopting the Revised Draft Housing Element (6th Cycle) for planning period 2021-2029, which was submitted to the HCD on January 20, 2022. Malibu has been allocated 79 units total1, and is able to accommodate that allocation without zone changes or code amendments.

Subsequently, HCD issued a letter finding that the Revised Draft 2021-2029 Housing Element Update addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law. Staff is currently working with the City’s Housing Element consultant to address the HCD's comment letter.

Reporting Requirements
Staff has drafted the 2022 Annual Housing Element Report, which is provided as Attachment 1. The report includes summaries of the following2:
• All applications for housing units deemed complete in 2022 (Table A), • The numbers of new housing units3 with planning approvals, with building permits, and with Certificates of Occupancy issued in 2022 (Table A2), • Progress toward the City’s assigned RHNA for the Sixth Cycle (Table B), 1 Of the 79 units assigned to Malibu by SCAG, 28 must qualify as Very-Low Income, 19 as Low Income, 17 as Moderate Income, and 15 as Above-Moderate Income. 2 Tables C, E, F, G, H, I and J were not applicable to the City for 2022. 3 Housing units built to replace those lost in the 2018 Woolsey Fire or those built to replace homes that are demolished by choice were not reported in previous reports but for 2022, all housing units are required to be reported.

Page 3 of 3 ends

Agenda Item # 3.B.14.
• Progress in implementing the programs contained in Section 7.5 of the Housing Element (Table D).
• LEAP Reporting
ATTACHMENTS:

1. 2022 Annual Housing Element Progress Report
Jurisdiction Malibu ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application Status Notes
2 34 6 7 8 9 11 12
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted+ (see instructions) Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low-Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Was APPLICATION SUBMITTED Pursuant to GC 65913.4(b)? (SB 35 Streamlining) Did the housing
development
application seek
incentives or
concessions
pursuant to
Government
Code section
65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915
approved?
Please indicate
the status of the
application.

Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 02 2 0 0
0 4470027020 31864 SEA LEVEL DR CDP 05-081 SFD O 4/26/2005 1 1 No No No Pending4467018031 28906 VERDE MESA LN CDP 15-002 SFD O 1/13/2015 1 1 No No No Pending4469047003 6333 SEA STAR DR CDP 16-028 SFD O 5/24/2016 1 1 1 No No No Approved 4473026002 3620 NORANDA LN CDP 17-104 SFD O 11/8/2017 1 1 No No No Pending 4467023030 5900 BONSALL DR ACDP 19-022 ADU R 4/2/2019 1 1 1 No No No Approved 4466008002 28867 GRAYFOX ST CDP 19-042 ADU R 6/25/2019 1 1 1 No No No Approved4466007005 6777 WILDLIFE RD CDP 19-044 SFD O 6/27/2019 1 1 1 No No No Approved4467004013 6075 MURPHY WAY ACDP 19-071 SFD O 10/1/2019 1 1 1 No No No Approved4467033030 5610 KANAN DUME RD CDP 20-056 SFD O 10/15/2020 1 1 1 No No No Approved4466002001 6734 ZUMIREZ DR CDP 20-068 ADU R 12/29/2020 1 1 No No No Pending 4469007011 5466 HORIZON DR ACDP 22-010 ADU R 3/8/2022 1 1 No No No Pending4459017015 25426 MALIBU RD CDP 15-067 2 to 4 O 11/30/2015 1 1 1 No No No Approved 4 units to 2 units 4470016011 31340 BROAD BEACH RD CDP 19-007 SFD O 2/11/2019 1 1 No No No Pending Demo SFD/Replace 4468012012 6629 WANDERMERE RD PVWF 19-071 SFD O 4/30/2019 11 11 No No No Approved Destroyed/Fire Rebuild 4469004011 30010 ANDROMEDA LN PVWF 19-161 SFD O 7/30/2019 1 1 No No No Approved Destroyed/Fire Rebuild 4467025017 5606 CALPINE DR APRWF 19-063 SFD O 10/28/2019 1 1 No No No Approved Destroyed/Fire Rebuild4468008024 6703 DUME DR APRWF 19-072 SFD O 11/19/2019 1 1 No No No Approved Destroyed/Fire Rebuild4468009006 29215 LARKSPUR LN APRWF 20-059 SFD O 11/6/2020 1 1 No No No Approved Destroyed/Fire Rebuild4469013028 5826 FILAREE HT APRWF 21-005 SFD O 3/4/2021 1 1 No No No Approved Destroyed/Fire Rebuild4469041011 29738 CUTHBERT RD CDPWF 22-003 SFD O 2/14/2022 1 1 No No No Approved Destroyed/Fire Rebuild Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications 10 Housing Development Applications Submitted
Attachment 1
Jurisdiction Malibu ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029 Table A2
23 56
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Summary Row: Start Data Entry Below 0 0 0 0 0 0 29 12
4469047003 6333 SEA STAR DR CDP 16-028 SFD O 1 8/1/2022 1 4473025013 4140 ENCINAL CANYON RD CDP 17-076 SFD O 1 6/6/2022 1 4469004027 30015 ANDROMEDA LN CDP 18-015 SFD O 1 12/5/2022 1 4470016011 31340 BROAD BEACH RD CDP 19-007 SFD O 1 7/18/2022 1 4469025064 30548 MORNING VIEW DR CDP 19-013 SFD O 1 1/18/2022 1 4466008002 28867 GRAYFOX ST CDP 19-042 ADU R 1 5/16/2022 1 4460033012 28116 PACIFIC COAST HWY CDP 19-064 SFD O 1 5/2/2022 1 4467004013 6075 MURPHY WAY ACDP 19-071 SFD O 1 4/12/2022 1 4473021006 33650 PACIFIC COAST HWY CDP 19-073 ADU R 1 7/18/2022 1 4470024031 31697 SEA LEVEL DR CDP 19-086 SFD O 1 4/18/2022 1 4469007011 5466 HORIZON DR ACDP 22-010 ADU R 1 9/27/2022 1 4468009014 6551 DUME DR ACDP 05-004 SFD O 0
4469013006 29958 HARVESTER RD ACDP 07-057 ADU R 0
4460005031 6552 DUME DR CDP 08-070 SFD O 0
4469046007 5920 PASEO CANYON DR CDP 13-013 SFD O 0
4469025063 30544 MORNING VIEW DR CDP 13-015 SFD O 0
4473005025 5011 ENCINAL CANYON RD CDP 14-050 SFD O 0
4459001004 5656 LATIGO CANYON RD CDP 14-080 SFD O 0
4469013006 29958 HARVESTER RD ACDP 15-054 SFD O 0
4469015002 5938 PHILIP AVE CDP 16-040 SFD O 0
4458024034 23741 HARBOR VISTA DR CDP 16-047 ADU R 0
4458024034 23741 HARBOR VISTA DR CDP 16-047 ADU R
4466019017 28837 SELFRIDGE DR CDP 17-011 SFD R 0
4466008006 28815 GRAYFOX ST CDP 17-033 ADU R 0
4468017006 7123 BIRDVIEW AVE CDP 17-062 ADU R 0
4469008010 29623 CUTHBERT RD CDPWF 19-005 ADU R 0
4460005031 27530 WINDING WAY CDP 08-070 SFD R 0
4469025063 30544 MORNING VIEW DR CDP 13-015 SFD R 0
4469013006 29958 HARVESTER RD ACDP 15-054 SFD R 0
4469013006 29958 HARVESTER RD ACDP 15-054 ADU R 0
0 4468009006 29215 LARKSPUR LN APRWF 20-059 SFD O 1 5/10/2022 0 4469013028 5826 FILAREE HT PVWF 20-108 SFD O 1 1/4/2022 0 4467003033 5825 MURPHY WAY PVWF 20-114 SFD O 1 9/30/2022 0 4466017013 28926 BONIFACE DR ACDP 20-069 SFD O 1 2/1/2022 0 4468006007 7010 BIRDVIEW AVE PVWF 20-128 SFD O 1 5/11/2022 0 4469013028 5826 FILAREE HT APRWF 21-005 SFD O 1 7/20/2022 0 4467034009 28908 WIGHT RD PVWF 21-004 SFD O 1 7/6/2022 0 4469020044 6022 MERRITT DR PVWF 21-008, SFD O 1 4/6/2022 0 4466020023 6666 DUME DR APRWF 21-015 SFD O 1 2/16/2022 0 4460035010 27487 LATIGO BAY VIEW DR PVWF 21-029 SFD O 1 3/3/2022 0 4469009013 29934 CUTHBERT RD APRWF 21-048 SFD O 1 9/13/2022 0 4468006013 29359 BLUEWATER RD PVWF 21-037 SFD O 1 5/9/2022 0 4460014006 6100 VIA ESCONDIDO DR PVWF 21-048 SFD O 1 1/11/2022 0 4469006016 30002 ZENITH POINT RD PVWF 21-051 SFD O 1 1/25/2022 0 4468008003 6626 WANDERMERE RD PVWF 21-057 SFD O 1 5/9/2022 0 4466017011 28904 BONIFACE DR PVWF 21-060 SFD O 1 6/21/2022 0 4469005009 5260 HORIZON DR PVWF 22-001 SFD O 1 2/3/2022 0 4469004017 30051 ANDROMEDA LN PVWF 22-017 SFD O 1 12/10/2022 1 0 4449002043 18954 PACIFIC COAST HWY CDP 14-020 SFD O 0 4469012006 5939 BUSCH DR CDP 14-064 SFD O 0
4451005027 21950 PACIFIC COAST HWY CDP 14-071 SFD O 0
4468001005 29140 CLIFFSIDE DR CDP 15-069 SFD O 0
4460030010 27360 PACIFIC COAST HWY CDP 15-071 SFD O
4458024034 23741 HARBOR VISTA DR CDP 16-047 SFD O
4466008006 28815 GRAYFOX ST CDP 17-033 SFD O
4466019033 28861 SELFRIDGE DR PVWF 18-001 SFD O
4469008017 29839 CUTHBERT RD PVWF 18-004 SFD O
4469008018 29803 CUTHBERT RD APRWF 19-001 SFD O
4469042023 5603 SEA VIEW DR PVWF 19-007 SFD O
4467019012 6255 GAYTON PL PVWF 19-010 SFD O
4473025023 32433 PACIFIC COAST HWY PVWF 19-016 SFD O
4467030009 5787 CALPINE DR PVWF 19-038 SFD O
4469015001 5954 PHILIP AVE PVWF 19-040 SFD O
4467018002 5944 CAVALLERI RD APRWF 19-011 SFD O
4469024038 30227 PACIFIC COAST HWY PVWF 19-065 SFD O 0
4468012012 6629 WANDERMERE RD PVWF 19-071 SFD O 0
4468009019 29201 LARKSPUR LN PVWF 19-075 SFD O 0
4467019022 6101 CAVALLERI RD PVWF 19-085 SFD O 0
4469012021 29734 HARVESTER RD PVWF 19-090 SFD O 0
4469008021 29737 CUTHBERT RD PVWF 19-099 SFD O 0
4473011016 4627 VIA VIENTA ST PVWF 19-102 SFD O 0
4469011011 5661 BUSCH DR PVWF 19-103 SFD O 0
4469035022 6316 TRANCAS CANYON RD PVWF 19-104 SFD O 0
4467019022 6101 CAVALLERI RD APRWF 19-020 SFD O 0
4467019019 6247 GAYTON PL PVWF 19-106 SFD O 0
4467014045 5820 KANAN DUME RD APRWF 19-021 SFD O 0
4467018057 6080 CAVALLERI RD PVWF 19-117 SFD O 0
4469021024 29706 BADEN PL ACDP 19-037 SFD O 0
4468009005 6556 WANDERMERE RD PVWF 19-134 SFD O 0
4470004013 31250 BEACH VIEW ESTATES DR PVWF 19-137 SFD O 0 4467026006 5649 CALPINE DR APRWF 19-027 SFD O 0
4467019019 6247 GAYTON PL APRWF 19-029 SFD O 0
4473010034 4727 AVENIDA DEL MAR PVWF 19-143 SFD O 0
4467030009 5787 CALPINE DR PVWF 19-149 SFD O 0
4467029021 6244 BUSCH DR PVWF 19-156 SFD O 0
4467007013 5912 RAMIREZ CANYON RD PVWF 19-171 SFD O 0
4469009015 29979 HARVESTER RD PVWF 19-174 SFD O 0
4469037043 30603 RAYO DEL SOL DR PVWF 19-175 SFD O 0
4469009015 29979 HARVESTER RD APRWF 19-041 SFD O 0
4467033028 5630 VILLA MAR PLACE PVWF 19-177 SFD O 0
4469008010 29623 CUTHBERT RD CDPWF 19-005 SFD O 0
4469014020 30100 HARVESTER RD PVWF 19-181 SFD O 0
4468006020 29445 BLUEWATER RD PVWF 19-182 SFD O 0
4469004026 5331 HORIZON DR APRWF 19-044 SFD O 0
4467018036 28876 VIA VENEZIA PVWF 19-203 SFD O 0
4468008013 6805 DUME DR PVWF 19-207 SFD O 0
4467034013 28903 WIGHT RD PVWF 19-209 SFD O 0
4469009012 29956 CUTHBERT RD PVWF 19-215 SFD O 0
4469001044 5820 TRANCAS CANYON RD PVWF 19-216 SFD O 0
4468008005 6650 WANDERMERE RD PVWF 19-220 SFD O 0
4469015007 5814 PHILIP AVE PVWF 19-225 SFD O 0
4467016011 6375 ZUMA MESA DR PVWF 19-238 SFD O 0
4468012006 6711 WANDERMERE RD PVWF 19-244 SFD O 0
4468008010 6744 WANDERMERE RD PVWF 19-253 SFD O 0
4466019021 28869 SELFRIDGE DR PVWF 19-259 SFD O 0
4468015003 6981 BIRDVIEW AVE PVWF 19-261 SFD O 0
4468008024 6703 DUME DR APRWF 19-072 SFD O 0
4468006025 29437 BLUEWATER RD PVWF 19-267 SFD O 0
4469024032 30340 MORNING VIEW DR PVWF 19-268 SFD O 0
4468008018 6671 DUME DR PVWF 19-271 SFD O 0
4469007016 29901 CUTHBERT RD PVWF 19-272 SFD O 0
4469013026 5940 FILAREE HT PVWF 19-273 SFD O 0
4467026010 5680 BUSCH DR PVWF 19-287 SFD O 0
4469014013 5823 FILAREE HT APRWF 20-002 SFD O 0
4466016036 6782 DUME DR PVWF 20-007 SFD O 0
4469013025 5938 FILAREE HT PVWF 20-032 SFD O 0
4467026009 5660 BUSCH DR PVWF 20-037 SFD O 0
4469039008 6025 PASEO CANYON DR PVWF 20-059 SFD O 0
4469013013 5960 FLORIS HEIGHTS RD PVWF 20-066 SFD O 0
4468012006 6711 WANDERMERE RD PVWF 20-068 SFD O 0
4469006014 5366 HORIZON DR PVWF 20-074 SFD O 0
4468007024 29245 BLUEWATER RD PVWF 20-082 SFD O 0
4467005032 6170 RAMIREZ CANYON RD PVWF 20-099 SFD O 0
4466019022 28871 SELFRIDGE DR PVWF 20-123 SFD O 0
4467030009 5787 CALPINE DR PVWF 19-149 SFD O 0
4468008010 6744 WANDERMERE RD PVWF 19-253 SFD O 0
4467016011 6375 ZUMA MESA DR PVWF 19-238 SFD O 0
4469009012 29956 CUTHBERT RD PVWF 19-215 SFD O 0
4473010034 4727 AVENIDA DEL MAR PVWF 19-143 SFD O 0
4467014034 5908 KANAN DUME RD PVWF 19-008 SFD O 0
4469009015 29929 HARVESTER RD PVWF 19-174 SFD O 0
4466019021 28869 SELFRIDGE DR PVWF 19-259 SFD O 0
4467026006 5649 CALPINE DR APRWF 19-027 SFD O 0
4469013026 5940 FILAREE HT PVWF 19-273 SFD O 0
4467019019 6247 GAYTON PL APRWF 19-029 SFD O 0
4468006025 29437 BLUEWATER RD PVWF 19-267 SFD O 0
4466019033 28861 SELFRIDGE DR PVWF 18-001 SFD O 0
4469004026 5331 HORIZON DR APRWF 19-044 SFD O 0
4468008005 6650 WANDERMERE RD APRWF 19-059 SFD O 0
4469012021 29734 HARVESTER RD PVWF 19-090 SFD O 0
4473011016 4627 VIA VIENTA ST APRWF 19-036 SFD O 0
4467005032 6170 RAMIREZ CANYON RD PVWF 20-099 SFD O 0
4469039008 6025 PASEO CANYON DR PVWF 20-059 SFD O 0
4469024038 30227 PACIFIC COAST HWY PVWF 19-065 SFD O 0
4469015001 5954 PHILIP AVE PVWF 19-040 SFD O 0
4466016024 6758 DUME DR APRWF 19-028 SFD O 0
4467019022 6101 CAVALLERI RD APRWF 19-020 SFD O 0
4468008018 6671 DUME DR PVWF 19-271 SFD O 0
4468012006 6711 WANDERMERE RD PVWF 20-068 SFD O 0
4473025023 32433 PACIFIC COAST HWY PVWF 19-016 SFD O 0
4469013013 5960 FLORIS HEIGHTS RD PVWF 20-066 SFD O 0
4466019017 28837 SELFRIDGE DR CDP 17-011 SFD O 0
4469014013 5823 FILAREE HT APRWF 20-002 SFD O 0
4468012006 6711 WANDERMERE RD APRWF 19-073 SFD O 0
4469004007 30072 ANDROMEDA LN PVWF 19-042 SFD O 0
4468006025 29437 BLUEWATER RD PVWF 19-267 SFD O 0
4468006020 29445 BLUEWATER RD PVWF 19-182 SFD O 0
4467018002 5944 CAVALLERI RD APRWF 19-030 SFD O 0
4466016024 6758 DUME DR APRWF 19-028 SFD O 0
4469014013 5823 FILAREE HT APRWF 20-002 SFD O 0
4469013026 5940 FILAREE HT PVWF 19-273 SFD O 0
4467014045 5820 KANAN DUME RD APRWF 19-021 SFD O 0
4469009012 29956 CUTHBERT RD PVWF 19-215 SFD O 0
4469025063 30544 MORNING VIEW DR CDP 13-015 SFD O 0
4467007013 5912 RAMIREZ CANYON RD PVWF 19-171 SFD O 0
4466019017 28837 SELFRIDGE DR CDP 17-011 SFD O 0
Project Identifier
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 1 Unit Types Affordability by Household Incomes - Completed Entitlement 4 Cells in grey contain auto-calculation formulas
89 11 12
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions) Date
Issued
# of Units issued
Certificates of
Occupancy or
other forms of
readiness
0 0 0 0 0 0 15 14 0 0000 0 4 4
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
1 3/11/2022 1 0
1 6/9/2022 1 0
1 2/9/2022 1 0
1 6/10/2022 1 0
1 8/10/2022 1 0
1 11/3/2022 1 0
1 10/14/2022 1 0
1 6/9/2022 1 0
1 2/8/2022 1 0
1 4/13/2022 1 0
1 4/13/2022
1 12/20/2022 1 0
1 4/27/2022 1 0
1 9/27/2022 1 0
1 5/13/2022 1 0
0 1 2/2/2022 1
0 1 3/7/2022 1
0 1 5/19/2022 1
0 1 5/19/2022 1
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
6/10/2022 0 0
11/29/2022 0 0
7/11/2022 0 0
9/22/2022 0 0
2/18/2022
4/13/2022
4/27/2022
9/8/2022
7/19/2022
5/31/2022
2/2/2022
8/8/2022
12/14/2022
1/13/2022
9/29/2022
6/29/2022
9/23/2022 0 0
10/20/2022 0 0
1/24/2022 0 0
10/26/2022 0 0
5/17/2022 0 0
6/8/2022 0 0
4/19/2022 0 0
8/2/2022 0 0
1/25/2022 0 0
10/17/2022 0 0
9/2/2022 0 0
3/14/2022 0 0
2/1/2022 0 0
6/22/2022 0 0
4/7/2022 0 0
12/9/2022 0 0
6/24/2022 0 0
9/2/2022 0 0
6/10/2022 0 0
1/13/2022 0 0
1/11/2022 0 0
4/29/2022 0 0
5/26/2022 0 0
1/7/2022 0 0
8/5/2022 0 0
1/27/2022 0 0
5/13/2022 0 0
3/2/2022 0 0
11/7/2022 0 0
9/13/2022 0 0
10/28/2022 0 0
3/24/2022 0 0
8/25/2022 0 0
6/9/2022 0 0
4/11/2022 0 0
12/28/2022 0 0
9/8/2022 0 0
2/22/2022 0 0
3/23/2022 0 0
12/14/2022 0 0
1/24/2022 0 0
6/22/2022 0 0
12/19/2022 0 0
1/20/2022 0 0
9/9/2022 0 0
9/19/2022 0 0
12/9/2022 0 0
6/8/2022 0 0
7/27/2022 0 0
4/25/2022 0 0
10/19/2022 0 0
4/15/2022 0 0
6/14/2022 0 0
1/16/2022 0 0
10/20/2022 0 0
12/19/2022 0 0
12/14/2022 0 0
6/13/2022 0 0
4/11/2022 0 0
9/14/2022 0 0
0 1/13/2022 0
0 1/24/2022 0
0 3/23/2022 0
0 4/11/2022 0
0 5/23/2022 0
0 5/20/2022 0
0 5/26/2022 0
0 6/22/2022 0
0 6/24/2022 0
0 7/27/2022 0
0 9/2/2022 0
0 9/9/2022 0
0 9/8/2022 0
0 9/13/2022 0
0 9/8/2022 0
0 5/17/2022 0
0 4/19/2022 0
0 9/14/2022 0
0 9/15/2022 0
0 9/22/2022 0
0 9/26/2022 0
0 9/15/2022 0
0 10/17/2022 0
0 12/9/2022 0
0 12/14/2022 0
0 12/14/2022 0
0 12/19/2022 0
0 12/20/2022 0
0 10/19/2022 0
0 12/14/2022 0
0 10/27/2022 0
0 9/9/2022 0
0 11/7/2022 0
0 6/29/2022 0
0 9/15/2022 0
0 10/19/2022 0
0 7/27/2022 0
0 3/14/2022 0
0 4/11/2022 0
0 3/16/2022 0
0 4/29/2022 0
0 12/20/2022 0
Note: "+" indicates an optional field
Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 7 10
Table A2
Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
13 14 15 16 17 18 19 20 21 22 23 24
How many of the
units were
Extremely Low
Income?
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/Des
troyed Units
Owner or Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
00 135
NN
NN
NN
NN
NN
NN
NN
NN
NN
NN
NN
NN
NN
NN
NN
NN
NN
NN
NN
NN
NN
NN 1 DEMOLISHED O
NN
NN
NN
NN
NN
NN
NN
NN
NN
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DEMOLISHED O
NN 1 DEMOLISHED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DEMOLISHED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DEMOLISHED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DESTROYED O
NN 1 DEMOLISHED O
NN 1 DESTROYED O
NN 1 DEMOLISHED O
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed Units Density Bonus Table A2
Jurisdiction Malibu ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 1 Projection Period 34
RHNA Allocation by
Income Level
Projection Period -
06/30/2021-
10/14/2021
2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date (all years) Total Remaining RHNA by Income Level Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Above Moderate 15 9 4 15 - - - - - - - 28 -
79 9 4 15 - - - - - - - 28 64
5 67
Extremely low-Income
Need 2021 2022 2023 2024 2025 2026 2027 2028 2029
Total Units to
Date
Total Units
Remaining
14 - - - - - - - - - - 14
19 Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very LowLowExtremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1).*Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 17 -
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
-
Moderate
28 19 17
Please contact HCD if your data is different than the material supplied here -
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
28 Jurisdiction Malibu
Reporting Year 2022 (Jan. 1 - Dec. 31)
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 1.1 – Code
Enforcement
Ensure compliance with the
City’s codes and
regulations. Particularly, in
the case of code violations
in units that are occupied by
lower-income persons or
persons with special needs,
direct property owners and
renters to programs that are
available to provide
assistance. Offer amnesty
and legalization for existing
housing units where:
1) The unit is “livable” and
meets basic health and
safety requirements
2) The unit existed at the
time of the City’s
incorporation; and
3) The unit is restricted for
owner-occupancy or rental
by low- or moderate-income
persons at an affordable
rate.

Reduce code violations and health &
safety issues in existing housing
Throughout the planning
period Ongoing
Program 1.2 – Rebuilding
Assistance
Expedite permit processing
and provide special
assistance to homeowners
seeking to repair or rebuild
homes that have been lost
or damaged in a fire, flood
or other disaster, especially
units that accommodate lowand moderate-Income
households, elderly,
disabled, large families,
single heads of households,
farm workers, individuals in
need of emergency shelter,
and other individuals or
household types with
special needs, unless those
units are located in areas
that are physically
unsuitable for development.

Facilitate rebuilding of lost or damaged
homes
Throughout the planning
period
In progress - MMC and LCP amendments have been adopted to expedite permit processing for those seeking to repair or rebuild homes that have been affected by the Woolsey Fire and/or related flooding and debris flow.

Program 1.3 – Housing
Rehabilitation Assistance
Provide incentives to
rehabilitate existing housing
units, such as permit fee
waivers for units that are
deed-restricted for low- and
moderate-income families.
4 units Throughout the planning
period
Opportunities for this are reviewed on a case by case basis. No requests were made during the 2022 reporting period.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Program 1.4 – Preserve
Existing Mobile Home
Parks
Maintain the Mobile Home
Park Rent Control
Regulations Ordinance that
regulates maximum
allowable rents and limits
rent increases. Pursuant to
the provisions of
Government Code
§65863.7, require the
submittal of a report
detailing the impacts of any
proposed mobile home park
conversion to a
nonresidential use
concurrent with the filing of
any discretionary permit on
such property and impose
reasonable mitigation
measures upon the park
No net loss of mobile home units Throughout the planning period Ongoing – no mobile home parks were proposed for conversion in 2022.

Program 1.5 – Conserve
Affordable Housing in the
Coastal Zone
In accordance with
Government Code §65590,
continue to require the
replacement of low- or
moderate-income units that
have been removed from
the coastal zone (either by
demolition or conversion),
whenever feasible.

LCP and MMC amendment Throughout the planning
period
Ongoing – no low- or moderate-income units were demolished or converted.

LCP and MMC amendments for the Affordable Housing Overlay District were certified in 2019 Short-Term Rental Ordinances were passed by the City to encourage homes to be used for permanent residential use. The California Coastal Commission denied the Local Coastal Program Amendement. Work on a revised ordinance is in process.

Encourage fair and realistic RHNA
allocations
Throughout the planning
period City staff continues to monitor SCAG programs related to housing needs.

Program 2.2 – Ensure
Adequate Capacity to
Accommodate Regional
Housing Needs
The City’s residential land
inventory provides adequate
capacity to accommodate
the City’s housing needs as
identified in the 2013-2021
RHNA (see Appendix B).

The City will pursue a twopart strategy to provide
sites for lower-income
housing: 1) Opportunities
and incentives for second
units; and 2) Zoning
regulations to facilitate
affordable multi-family or
mixed-use development in
suitable locations.

A. Expand the Supply of
Second Units. In order to
maximize the availability of
additional second units, the
City will implement the
following actions:

1. Promote the
Development of Second
Units

2. Amnesty Program for
21 second units during 2013-2021 Throughout the planning period
City staff informally encouraged the development of second residential units over guest houses or studios.

No requests were made to legalize previously developed second units during this year.

The City is preparing an ADU ordinance that will streamline the process for creating new ADUs and promote their development. Building permits for seven new (not a rebuild or replacement) second unit were issued in 2021.

The City successfully applied for a LEAP grant to support the ADU ordinance and ADU processing.

B. Facilitate New
Affordable Housing
Development
In order to accommodate
lower-income housing, the
MMC and LCP regulations
were amended in the
previous planning period to
establish an Affordable
Housing Overlay allowing
multi-family or mixed-use
development by-right at a
density of 20 units/acre for
projects that include
affordable housing. In order
to qualify for the increased
density incentive, all
“bonus” units (i.e.,
additional units allowed
above the base density of 6
units per acre) must be
deed-restricted for low- and
moderate-income
households for a minimum
of 30 years at a ratio of 50%
low- and 50% moderateincome. As an alternative,
very-low-income units may
offset the requirement for
moderate-income units on a
Provide suitable sites with appropriate
zoning that could accommodate lowerincome housing
The Local Coastal
Program Amendment to
allow for multi-family
development in
compliance with the
adopted 2013-2021
Housing Element was
certified by the California
Coastal Commission on
December 11, 2019.

Accomplished - The applicable LCP amendments have been certified.

Program 2.3 – Streamline
Development Review and
Assist Affordable Housing
Developments
Streamline the development
review and permit process
for all residential
development by providing a
series of informational
handouts describing how to
apply for housing
development and
summarizing the basic
development criteria for
different zoning districts.

When developers propose
to include affordable units in
a project, provide
assistance through
expedited processing,
density bonus and other
modified development
standards, and
administrative assistance
with grant applications.

Minimize residential permit processing
time and assist affordable housing
developments
Throughout the planning
period
Ongoing – Staff has created various pamphlets as well as forms to help guide applicants through the permitting process. No applications have been submitted for affordable housing projects. However, staff has worked with parties interested in affordable housing to determine the appropriate project standards and submittal processes.

Program 3.1 – Fair
Housing
Support fair housing efforts
by contracting with the Los
Angeles County Housing
Authority, Westside Fair
Housing Council, or other
appropriate organizations,
to create a program that
provides fair housing
services, including
investigation of
discrimination complaints,
research on housing
discrimination-related
issues, public information
about the rights and
responsibilities of
landowners and tenants,
and landlord/tenant dispute
resolution. Promote the
program each year through
the use of pamphlets, public
bulletin boards on
community television;
educational flyers
distributed to property
owners, apartment
managers and tenants;
public service
Provide and publicize fair housing
services through contracting with a
public or non-profit service provider
Annual appropriation and
semi-annual publications
and announcements
Ongoing. Since 2016 the City has contracted with The People Concern to help transition individuals experiencing homelessness to permanent housing.

Program 3.2 – Provide
Financial Support and
Referral Information to
Persons in Need of
Assistance
Malibu is a small jurisdiction
without a redevelopment
agency or housing
department; furthermore,
the City is not an
entitlement jurisdiction for
federal grants. Therefore,
the City does not have any
resources for direct financial
housing assistance, other
than a small Affordable
Housing Trust Fund and
Community Development
Block Grant (CDBG) funds.

The City will provide referral
information to extremely-low-
, very-low-, low-, and
moderate-income persons
and families, the elderly,
and persons with disabilities
regarding affordable and
special needs housing, such
as Section 8 Rental
Assistance and the
Mortgage Credit Certificate
Disseminate housing assistance
information; provide direct funding in
support of affordable housing when
feasible
The City’s Housing
Coordinator has the
responsibility for
monitoring all activities
related to the
implementation of the
Housing Element,
including preparation of
annual progress reports,
annual monitoring of
sources of financial
assistance such as
Section 8 funds,
state/federal grants, and
mortgage credit
certificates. The Housing
Coordinator shall also be
responsible for
disseminating information
to the community
regarding these activities
and resources.

Depending on program
availability and City
eligibility, apply for
state/federal funds on a biannual basis to assist
with affordable housing
development.

The City was awarded approximately $15,803,348 of federal CDBG-DR funds available through the HCD DR-MHP in response to the 2018 Woolsey Fire. The funding is intended to serve as gap funding for eligible affordable multi-family housing projects in accordance with the HUD limits per affordable housing unit.

To date, no developers have applied to utilize the funds.

In addition, the City utilized $15,000 in CDBG funds for the Malibu Community Labor Exchange (MCLE) and authorized the use of $98,000 in CDBG funds for a permanent trailer for MCLE. The Labor Exchange provides day labor job connections, including for homeless people.

Program 4.1 – Monitor
and Report Annually on
Housing Program
Accomplishments
The City will monitor
accomplishments toward
Housing Element objectives
and report the results
annually to the City Council
and California Department
of Housing and Community
Development. If
implementation measures
are ineffective in achieving
the desired results,
adjustments will be made to
improve the efficacy of
programs.

Monitor progress and make mid-course
corrections if necessary to achieve
desired results
Annual progress reports The City continues to monitor Housing Element programs and report progress annually.

Jurisdiction Malibu
Reporting Year 2022 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
15 15
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 9 9 3
2 to 4 0 0 0
5+ 0 0 0
ADU 3 5 1
MH 0 0 0
Total 12 14 4
11 11
0 0
0 0
0 0
Income Rental Ownership Total
Very Low 00 0
Low 0 00
Moderate 0 00
Above Moderate 0 00
Total 0 00
Cells in grey contain auto-calculation formulas
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Jurisdiction Malibu
Reporting Year 2022 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.

Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2 Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
29 29
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
15 15
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
4 4
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
$ -
Task Status

Page 1 of 7 ends

Agenda Item # 5.A.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Richard Mollica, Planning Director
Approved by: Steve McClary, City Manager
Date prepared: June 28, 2023 Meeting date: July 10, 2023 Subject: Consider Adoption of a Policy Interpreting the Use of Pesticides as Development
RECOMMENDED ACTION: Consider the adoption of the attached draft Council Interpretation regarding the Council’s interpretation of the use of pesticides pursuant to Local Coastal Program (LCP) Land Use Policy (LUP) Policy 3.18 as “development” in the LCP Local Implementation Plan (LIP).

FISCAL IMPACT: There is no fiscal impact associated with the recommended action. The preparation and implementation of a policy or ordinance is part of normal staff operations and is included in the Adopted Budget for FY 2023-24.

WORK PLAN: This item is included as Item 5.j. in the Work Plan for Fiscal Year 2022- 2023. Staff continue to work on ongoing projects and normal business while the FY 2023- 24 Work Plan is finalized.

BACKGROUND: Since 2014, the City has strived to eliminate environmentally harmful poisons from within City limits and has taken numerous measures to restrict their use. In 2019, the City approved an Earth Friendly Management Policy, which governs pest management on City-owned, managed or leased property and bans the use of rodenticides on City property and prohibits their use in connection with any contract with the City. On June 28, 2021, the Council adopted Resolution No. 21-32 adopting the California Coastal Commission’s (CCC) modifications to LUP Policy 3.18 on May 13, 2021, that included limitations on the use of pesticides throughout the City (CCC LCP-4-MAL19-0164-3) and Resolution No. 21-33 initiating an amendment of the LIP to implement LUP Policy 3.18. On September 8, 2021, the CCC certified LUP Policy 3.18 and formally incorporated the policy as part of the City’s LCP. Subsequently, meetings with community stakeholders occurred and feedback was received on implementation of LUP Policy 3.18 City Council Meeting
07-10-23
Item

5.A.

Page 2 of 7 ends

Agenda Item # 5.A.
from the Council’s Zoning Ordinance Revisions and Code Enforcement Subcommittee (ZORACES) on April 14, 2022.

On October 10, 2022, staff shared the feedback received with Council. At the October 2022 meeting, the Council directed staff to: 1) continue to prepare an amendment to the City’s LIP to implement LUP Policy 3.18; and 2) bring back a policy adopting an interpretation of “development” subject to the requirements of LIP Section 13.3 that considers the "the use of pesticides, including insecticides, herbicides, rodenticides or any other similar toxic chemical substances, where the application of such substances would have the potential to significantly degrade Environmentally Sensitive Habitat Areas (ESHA) or coastal water quality or harm wildlife" as “development” and that such development is not classified as “maintenance” under LIP Section 13.4.2 and thereby not exempt from the requirement to obtain a CDP.

DISCUSSION: Following Council’s direction in October 2022, staff prepared a draft policy for consideration that would interpret the use of pesticides as “development” per the LCP (Attachment 1). The Council may choose to adopt the draft policy, direct staff to modify the draft policy, or decline to adopt the policy. Below is a description of the draft policy.

LUP Amendment
The LUP was formally amended in October 2021 to incorporate LUP Policy 3.18 which reads:

Except as permitted pursuant to this provision or Policy 3.20, throughout the City of Malibu, development that involves the use of pesticides, including insecticides, herbicides, rodenticides or any other similar toxic chemical substances, shall be prohibited in cases where the application of such substances would have the potential to significantly degrade Environmentally Sensitive Habitat Areas or coastal water quality or harm wildlife. Herbicides may be used for the eradication of invasive plant species or habitat restoration, but only if the use of non-chemical methods for prevention and management such as physical, mechanical, cultural, and biological controls are infeasible. Herbicides shall be restricted to the least toxic product and method, and to the maximum extent feasible, shall be biodegradable, derived from natural sources, and used for a limited time. The City will identify non-toxic and earth-friendly management techniques for controlling pests and will conduct public outreach to promote the use of such techniques on property with the City.

The LUP is a policy document in the City’s LCP whose policies are implemented through the LIP the same way the City’s General Plan policies are implemented through the City’s Zoning Code. It is not directly enforceable, and enforcement action cannot be taken for violation of the LUP. The LIP currently does not include provisions to implement LUP Policy 3.18, but will once the LIP amendment is certified by the CCC.

Page 3 of 7 ends

Agenda Item # 5.A.

LUP policies can also be implemented via conditions of approval associated with an approved Coastal Development Permit (CDP). Starting years ago, when this issue was first raised, staff began including a condition of approval on CDPs prohibiting the use of chemical pesticides and herbicides. The City’s current condition of approval reads:

The use of pesticides, including insecticides, herbicides, rodenticides or any toxic chemical substance which has the potential to degrade biological resources shall prohibited throughout the City of Malibu. The eradication of invasive plant species or habitat restoration shall consider first the use of non-chemical methods for prevention and management such as physical, mechanical, cultural, and biological controls. Herbicides may be selected only after all other non-chemical methods have been exhausted. Herbicides shall be restricted to the least toxic product and method, and to the maximum extent feasible, shall be biodegradable, derived from natural sources, and use for a limited time
This practice was previously subject to challenge but, with the adoption of LUP Policy 3.18, this condition is enforceable and supported. As a result, new development, such as the construction of a new single-family residence or commercial structure, or remodels/ additions that require a CDP, are subject to this condition. However, conditions of approval solely regulate the development associated with a CDP; they are not regulations applicable to citywide development.

The Coastal Act is fundamentally a permitting scheme that requires new development in the coastal zone to obtain a permit (CDP) that demonstrates the development complies with the Coastal Act. The Coastal Act cannot impose an obligation on individuals other than the requirement to obtain a CDP. The situations where a CDP is required are defined by the Coastal Act.

Under the Coastal Act, it is the LIP which contains the enforceable procedures and requirements in the City. As a result, to impose obligations (such as changing when a CDP is required), provisions must be added to the LIP to implement LUP Policy 3.18. It is those LIP provisions that would be enforceable and define what requirements would be imposed on development activity in the City. Without an implementing provision, issuing a citation for the use or placement of these chemicals on a property, that is not subject to a CDP condition prohibiting such action, would expose the City to liability and legal challenge.

Draft Policy: Use of Pesticides Considered “Development” under the LCP Following Council’s direction in October 2022, staff drafted an interpretation policy for consideration – that the use of pesticides, including insecticides, herbicides and rodenticides citywide is considered “development” as used in LIP Section 13.3 where the application of such substances would have the potential to significantly degrade ESHA or

Page 4 of 7 ends

Agenda Item # 5.A.
coastal water quality or harm wildlife and is not considered “maintenance” pursuant to the list of CDP exemptions in LIP Section 13.4.2.

If adopted, the draft policy would broadly require a CDP for anyone who wants to use pesticides/herbicides/etc. outdoors. Use of pesticides would be subject to LCP permitting (i.e., receipt of a CDP would be required for such use), as well as LCP regulations and enforcement to the maximum extent allowed by law.

Recognizing that the draft policy is an interpretation of the LIP and not a formal amendment to the LIP, ultimately it would be intended to educate the community at-large and to provide guidance to City staff and the public until such time an amendment to the LIP is certified.

Per the October 2022 Council Report, the draft policy would not consider the indoor use of pesticides as development.

If adopted, staff would conduct extended and continuing educational outreach to businesses, residents, pesticide operators/companies, gardeners, shopping centers, Chamber of Commerce and other entities and organizations, notifying them of the policy, educating them as to the harm created by pesticides and offering alternative solutions. As is practical by law, if there is non-compliance with the policy, Code Enforcement staff would address any violations through education and citation when a condition of a CDP prohibits pesticide/herbicide use.

Consideration of CCC Discussion Regulating the Use of Pesticides It is important to note that the Coastal Act and LCP include a definition of “development” which defines what activity is subject to a CDP and what types of development are exempt from the requirement to obtain a CDP.

LIP Section 2.1 includes the following definition:

DEVELOPMENT - means, on land, in or under water, the placement or erection of a solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; change in density or intensity of use of land, including but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water; or access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private or public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes; kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted

Page 5 of 7 ends

Agenda Item # 5.A.
pursuant to the provisions of the Z’berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511).

As used in this section “structure” includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.

As part of the CCC’s consideration of the City’s amended LUP Policy 3.18 on May 13, 2021, CCC staff prepared an exhaustive report on the subject of regulating pesticides and consistency with the Coastal Act and other requirements. This report and attachments are available at the following link:
https://documents.coastal.ca.gov/reports/2021/5/Th9b/Th9b-5-2021-report.pdf Prior to adopting a Council policy interpreting “development” in the LIP, staff recommends the Council review the May 2021 CCC report as it pertains to Coastal Act consistency and state and federal law.

For reference, relevant excerpts from the CCC’s discussion on pages 20-23 are provided below:

The Coastal Act does not provide the Commission or local governments with plenary authority to regulate all ongoing activities or uses in the coastal zone.

Rather, the Act regulates “development” in the coastal zone by requiring a coastal development permit for anyone wishing to undertake such development. (Coastal Act §§ 30600(a), 30106 (defining “development”.) LCPs establish the kinds, locations and intensities of development allowed in the coastal zone and include policies and development standards necessary to achieve the objectives of the Coastal Act. Once an LCP is certified by the Commission and found to be consistent with the Coastal Act requirements, local governments then have the authority and responsibility to issue coastal development permits for proposed development. (Coastal Act § 30519(a).) The Coastal Act also permits the Commission, and local governments through their LCPs, to take non-regulatory actions such as conducting planning studies, promoting coastal education, and planning for public access, that are consistent with, and that implement the provisions of, the Coastal Act (See Coastal Act §§ 30108.6, 30330, 30500(a), 30530 et seq.).

The Coastal Act does not limit the power of cities and counties to adopt additional regulations that are not in conflict with the Coastal Act and that go beyond what is required by the Act. (Coastal Act § 30005.) Thus, local governments may generally use their inherent police power authority to regulate activities in a manner that is more stringent than the Coastal Act or that goes beyond the authority delegated to them under the Coastal Act. It is not uncommon for local governments to include such additional restrictions in their LCPs. But as described above, state law

Page 6 of 7 ends

Agenda Item # 5.A.
disallows local regulation of pesticides, though it does not limit the authority of a state agency to administer any law that it is authorized or required to administer; in the case of the Coastal Act, local governments administer state law through their LCPs. Thus, local governments may include policies in their LCPs to regulate pesticide use to the extent that such policies are necessary or proper in carrying out the Coastal Act, such as by regulating the use of pesticides that qualify as, or are associated with, proposed development. Likewise, LCPs may contain nonregulatory policies that encourage alternatives to pesticides, promote education about pesticide alternatives, or restrict pesticide use on the local government’s own property. However, LCP policies that purport to regulate pesticide use more broadly are likely preempted by the Food and Agriculture Code.

The non-profit group Poison Free Malibu has submitted correspondence asserting that the Commission can broadly regulate or ban pesticides, regardless of whether such use is associated with new development that would require a coastal development permit. It points to language in other LCPs that it says supports this position. Further, Poison Free Malibu cites a recent trial court decision involving a challenge to the certification of Los Angeles County’s LCP for the Santa Monica Mountains (SMM LCP), where the Coastal Commission asserted that its decision to certify a pesticide restriction in the SMM LCP was not subject to the preemption of local regulations of pesticides (see Section IV. B. Background State Preemption).

Specifically, the Commission found that a ban on the use of most pesticides in the Santa Monica Mountains coastal region was necessary to avoid impacting ESHA and the biological productivity and quality of coastal waters. The Commission argued in court that it had the authority to restrict pesticide use in the certified LCP because California Food and Agricultural Code section 11501(c) does not limit the authority of a state agency to enforce or administer any law that the agency or department is authorized to enforce or administer. Judge Chalfant of the Los Angeles Superior Court ruled that, although the County was not permitted to regulate pesticide use itself, the Commission was permitted to require policies in the LCP that would have the County do so.

Poison Free Malibu cites this decision as evidence that a citywide pesticide ban, rather than a ban on pesticide use that qualifies as, or may occur in connection with, proposed development, is appropriate. However, the ruling did not distinguish between banning pesticides categorically versus banning them in connection with proposed development; rather, it only involved a challenge regarding whether the Commission’s requirement of pesticide regulations in LCPs is generally permissible.

The issue of whether the Commission or a local government can require a ban on all pesticide use, regardless of whether such use constitutes or is associated with proposed development was not raised. In addition, although other LCPs—such as the SMM LCP—include broadly worded policies and provisions that could be viewed

Page 7 of 7 ends

Agenda Item # 5.A.
as broadly restricting or prohibiting the use of pesticides, the Commission’s intent in certifying those policies was to regulate pesticides to the extent authorized by the Coastal Act. Since the Coastal Act provides authority to regulate “development,” then LCPs may only carry out the Coastal Act by regulating pesticides in connection with, or to the extent their application itself qualifies as, such development… The Coastal Commission does not enforce the Food and Agriculture Code’s restriction on local regulation of pesticides and is not the arbiter of whether local pesticide restrictions are preempted. If a jurisdiction proposed a pesticide ban (or other pesticide policy) that exceeded what was necessary or proper to carry out the Coastal Act, but was not actually inconsistent with the Coastal Act’s Chapter 3 protective policies, the Commission might be able to certify it despite questions about whether or not it was preempted. However, there would be a question about whether the policy was preempted and could take effect… ENVIRONMENTAL IMPACT: The proposed City Council actions do not constitute an “approval” or a “project” under the definitions set forth in CEQA Guidelines Sections 15352 and 15378 because no direct or indirect changes to the physical environment would occur.

CEQA requires that the City adequately assess the environmental impacts of projects and reasonably foreseeable activities that may result from projects prior to the approval of the same. Any project developed as a result of the City Council’s action that requires the City or the City Council’s discretionary approval resulting in a physical change to the environment will be analyzed in accordance with CEQA prior to such approval.

When a CDP application is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. The current City Council action in no way limits the exercise of the City’s sole and absolute discretion as part of a potential future action. Therefore, no further CEQA review is required. The proposed City Council actions are merely a step-in furtherance of an amendment to the LUP that received final certification by the CCC on September 8, 2021, for which environmental review was performed, and no further environmental review is required.

CONCLUSION: If the Council adopts the attached policy, City staff will conduct educational outreach to the community on the use of pesticides citywide and would use the policy as guidance until such times that an LCP amendment is certified.

ATTACHMENT:

Draft Council Policy
Attachment 1
LCP Interpretation
Dated: __June XX, 2023 ___
Number: _ XX_ _
Amended: __N/A__ ___
Planning Director: Richard Mollica
LCP Section: LCP LUP Policy 3.18
Title: Use of Pesticides Considered Development Under the Local Coastal Program (LCP) Issue: On September 8, 2021 the California Coastal Commission certified LUP Policy 3.18 which provides that the use of pesticides, including insecticides, herbicides and rodenticides is considered “development” and subject to LCP permitting, regulations and enforcement to the maximum extent allowed by law and regulatory agencies such the Los Angeles County Department of Public Health and Vector Control District. Currently, the LCP Local Implementation Plan (LIP) must be amended to implement LUP Policy 3.18 and until such a time that the amendment is made, this interpretation serves to educate the community and provide guidance to City staff in the implementation of LUP Policy 3.18.

Interpretation: The Council considers the use of pesticides, including insecticides, herbicides, rodenticides or any other similar toxic chemical substances to be “development” as used in LIP Section 13.3 where the application of such substances would have the potential to significantly degrade Environmentally Sensitive Habitat Areas (ESHA) or coastal water quality or harm wildlife.

Such development is also not considered to be “maintenance” under LIP Section 13.4.2 and therefore, a Coastal Development Permit is required prior to such use. This policy does not apply to the indoor use of such substances.

Page 1 of 2 ends

Agenda Item # 6.A.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Adrian Fernandez, Assistant Planning Director Approved by: Steve McClary, City Manager
Date prepared: June 30, 2023 Meeting date: July 10, 2023 Subject: Update Regarding Local Coastal Program Amendment No. 21-002 (Malibu Middle and High School Campus Specific Plan)
RECOMMENDED ACTION: 1) Receive an update on the Malibu Middle and High School (MMHS) Campus Specific Plan; 2) Review the California Coastal Commission’s (CCC’s) staff request for a one-year time extension to act on the MMHS Campus Specific Plan Local Coastal Program Amendment (LCPA) (LCPA No. LCP-4-MAL-22-043-1) (Attachment 2); and 3) Direct City staff to submit a letter to the CCC opposing the oneyear extension and for the CCC to direct its staff to prioritize the MMHS Campus Specific Plan for consideration during the September 2023 CCC hearing.

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. Staff continue to work on ongoing projects and normal business while the FY 2023-24 Work Plan is finalized.

DISCUSSION: At the June 26, 2023 Regular City Council meeting, the City Manager proposed to bring an item to the next Council meeting for the Council to consider whether to direct City staff to submit a letter to the CCC opposing the one-year extension and to urge CCC to take immediate action on the MMHS Campus Specific Plan LCPA.

The MMHS Campus Specific Plan (Specific Plan) is expected to be implemented in four phases over the next 10 to 15 years. On December 21, 2021, the Santa Monica – Malibu Unified School District (SM-MUSD) submitted the LCPA to establish a specific plan and a separate coastal development permit (CDP) application for Phase 1 of the campus plan, which includes the construction of a new two-story high school building, a lot merger, new parking areas, Environmental Sensitive Habitat Area (ESHA) restoration, and associated development.

City Council Meeting
07-10-23
Item

6.A.

Page 2 of 2 ends

Agenda Item # 6.A.

The Specific Plan allows for unique development standards specific to the project. Some of the main unique standards established for Phase 1 in the City-approved Specific Plan include:

1. 2.

3. Increased building heights for the proposed high school building and middle school gymnasium (36 feet) and the high school gymnasium and theater/performing arts center (45 feet) where 28 feet is required;
New electronic message center (EMC) signs which are currently prohibited by the MMC; and
Reduction of the 100-foot environmental sensitive habitat area (ESHA) setback to 50 feet to accommodate new permeable parking areas, teaching platforms, and fuel modification.

The CDP application for Phase 1 is mostly complete but is on hold for consideration by the Planning Commission until the pending LCPA is certified, which would allow Phase 1 to be processed in compliance with the unique development standards in the Specific Plan. Development in Phase 1 will be funded by a general obligation bond which was passed in November 2018. According to the SM-MUSD, the CCC one-year extension will result in a significant construction cost increase that has the potential to render the project financially infeasible without another general obligation bond.

CONCLUSION: The Council may direct staff to submit a letter opposing the CCC from granting a one-year time extension to act on the LCPA request. The Council may also direct staff to request the CCC to direct its staff to prioritize the MMHS Campus Specific Plan LCPA for consideration. A draft letter is included as Attachment 1.

ATTACHMENTS:

1. 2.

Draft Opposition Letter to the CCC
CCC Staff Report, June 22, 2023
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 June 30, 2023
Re: Malibu Middle and High School (MMHS) Campus Specific Plan Local Coastal Program Amendment (LCPA No. 21-002), Agenda Item 18a for Wednesday, July 12, 2023 CCC Meeting Honorable Commissioners: The City of Malibu respectfully requests that the Commission deny the one-year time extension request to act on LCPA No. LCP-4-MAL-22-043-1 for the MMHS Campus Specific Plan and direct CCC staff to agendize the item as soon as possible..

The Specific Plan will be implemented in four phases over the next 10 to 15 years. The Specific Plan and associated coastal development permit application for Phase 1 of the campus plan are being funded by a general obligation bond which was passed in November 2018. According to the Santa Monica – Malibu Unified School District (SMMUSD), a one-year extension to act on the LCPA results in a significant construction cost increase for Phase 1 and has the potential to render the project financially infeasible to implement. Phase 1 includes a new high school building, restoration of the environmentally sensitive habitat area (ESHA) and associated development.

In October 2018, the SMMUSD embarked on several public engagement efforts, which included local community charrettes/workshops, several public hearings during the environmental review process, interagency coordination meetings that involved staff from the SMMUSD, the City of Malibu, California Department of Fish and Wildlife, the Regional Water Quality Control Board, the Army Corps of Engineers and the CCC. Moreover, while the City conducted its formal review of the draft LCPA, additional coordination meetings were held with the City of Malibu and the CCC staff to streamline the process.

Although the staff report indicates additional time is needed to analyze the amendment, City staff believes the interagency coordination meetings held with CCC staff has afforded a level of familiarity with the project that renders a one-year time extension unnecessary. The MMHS campus is in dire need of facility improvements and the project has already incurred costly delays because of the Woolsey Fire and the COVID-19 pandemic. Not only does the one-year extension to act on the LCPA affect the implementation of Phase 1, but it also affects the latter phases of the Specific Plan.

City staff remains committed to working with CCC staff to expedite the CCC’s consideration of this item. Any assistance you can provide to expedite this process is much appreciated.

Sincerely,
Adrian Fernandez
Assistant Planning Director
cc: Steve McClary, City Manager
Attachment 1

STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR

CALIFORNIA COASTAL COMMISSION

SOUTH CENTRAL COAST DISTRICT OFFICE
89 SOUTH CALIFORNIA STREET, SUITE 200
VENTURA, CA 93001-2801
VOICE (805) 585-1800
FAX (805) 641-1732
W18a
June 22, 2023
TO: California Coastal Commissioners and Interested Parties FROM: Steve Hudson, District Director
SUBJECT: City of Malibu Local Coastal Program Amendment No. LCP-4-MAL-22- 043-1 (MMHS Campus Specific Plan) Time Extension to be heard at the Wednesday, July 12, 2023 Commission Hearing.

On October 3, 2022, the City of Malibu submitted the subject amendment request to amend the Land Use Plan (LUP) and Local Implementation Plan (LIP) of the certified Malibu Local Coastal Program (LCP) to incorporate the Malibu Middle and High School Campus Specific Plan into the Malibu LCP.

On April 12, 2023, the Executive Director deemed the City’s amendment to be in proper order and legally adequate to comply with the submittal requirements of Coastal Act Section 30510(b). Pursuant to Coastal Act Section 30513 and California Code of Regulations, Title 14, Section 13522, an amendment to the certified LUP must be scheduled for public hearing and the Commission must take action no later than 90 working days from the date the amendment was properly submitted. In the subject case, the 90th working day will be August 18, 2023.

Coastal Act Section 30517 and California Code of Regulations, Title 14, Section 13535(c) state that the Commission may extend the 90 working day time limit for good cause for a period not to exceed one year. Commission staff is requesting an extension to the 90 working day time limit in order to allow adequate time to review and analyze the amendment and to allow greater scheduling flexibility. Although staff believes this matter will be brought to hearing in the near term, extending the deadline will allow for uncertainty in the review process and flexibility for coordination with the City of Malibu, establishing hearing schedules, and managing competing workload items. Therefore, staff recommends that the Commission extend the 90 working day deadline for a full year, as provided by the Coastal Act, to allow the subject amendment to be brought to hearing at a later date.

PROCEDURE
MOTION:

I move that the Commission extend the 90 working day time limit to act on the City of Malibu LCP Amendment No. LCP-4-MAL-22-0043-1 for one year.

Attachment 2
STAFF RECOMMENDATION:

Staff recommends a YES vote. An affirmative vote of the majority of the Commissioners present is needed to pass the motion.

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Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Trevor Rusin, Interim City Attorney
Date prepared: June 28, 2023 Meeting date: July 10, 2023 Subject: Amendment No. 1 to the Employment Agreement for City Manager Services between the City of Malibu and Steven L. McClary RECOMMENDED ACTION: Approve the Amendment to the June 13, 2022, City Manager Employment Agreement.

FISCAL IMPACT: No additional appropriation is required. The costs associated with the Amendment to the Employment Agreement will not require a revision to the FY 2023-24 Adopted Budget.

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. Staff continue to work on ongoing projects and normal business while the FY 2023-24 Work Plan is finalized.

DISCUSSION:

The City Manager’s contract, which was originally entered into on June 13, 2022 (but effective as of May 15, 2022), calls for an evaluation and review of the City Manager’s salary. The City Manager does not receive the COLA adjustment that other City employees receive, and as a result Mr. McClary did not receive the 7.5% COLA approved by the City Council last year for City employees, nor the 5.1% COLA approved by the Council for the current year.

Attached is a proposed Amendment No. 1 to the City Manager Employment Agreement between the City and Steven L. McClary. The attached amendment would retain all the terms and conditions of the current Employment Agreement, except that it would increase: (1) the City Manager’s salary from $235,000 to $260,000; and (2) the City Manager’s monthly car allowance from $400 to $625 per month (an annual increase from $4,800 to $7,500). The amendment would be effective as of May 15, 2023 (one year from the effective date of his contract)
City Council Meeting
07-10-23
Item

6.B.

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ANALYSIS:

The Proposed Amendment to the City Manager Agreement
Pursuant to the 2022 Employment Agreement, Mr. McClary began serving as the City Manager on May 15, 2022. The agreement is for a four-year term ending on May 14, 2026. However, recent increases in inflation and cost-of-living have caused the City Manager’s compensation to fall behind those of his regional counterparts, particularly given current inflation rates. To correct this situation, and in reflection of the quality of Mr.

McClary’s work and dedication to the City, the Amendment proposes the following:
• An increase in the City Manager’s salary from $235,000 to $260,000 (an increase of approximately 10.6%).
• An increase in the City Manager’s monthly car allowance from $400 to $625.

Compensation of City Managers in the Area
The terms and conditions of the proposed Amendment are generally comparable to those offered for other city manager positions within the Los Angeles County region. For example:
• The City of Oxnard increased its manager’s salary by 14.4% in June 2022, to $319,200.
• The salary of the City Manager in Agoura Hills is $273,729 • The salary of the City Manager in Calabasas is $252,000 • The salary of the City Manager in Westlake Village is $283,095 • The salary of the City Manager in Redondo Beach is $265,000 During his tenure, Mr. McClary has proven himself as a city manager through a number of challenging circumstances. He has also developed familiarity and a connection with the community, the issues facing the City, and the employees and residents of the City.

The proposed amendment reflects this work, and the current market for City Manager services.

ATTACHMENTS:

Amendment No. 1 to City Manager Employment Agreement
Amendment No. 1
Steven L. McClary Employment Agreement
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT
THIS AMENDMENT NO. 1 (this “Amendment”) to the June 13, 2022, City Manager Employment Agreement, is made and entered into as of the ___ day of _____________, 2023, by and between the CITY OF MALIBU, a Municipal Corporation (hereinafter the “City”) and STEVEN L. McCLARY (hereinafter “Employee”).

R E C I T A L S
A. The City employs Employee in the position of City Manager pursuant to the terms of the June 13, 2022 (effective May 15, 2022), City Manager Employment Agreement between the parties (the “Agreement”).

B. The parties now desire to amend certain benefits of the Agreement.

NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained and in the Agreement amended hereby, the parties agree as follows:

1. Subsection A (Salary) of Section 5 (Compensation) of the Agreement is amended to read in its entirety as follows:
“Salary. City agrees to pay Employee for the services
required by this Agreement a monthly base annual salary of Two Hundred Sixty Thousand Dollars ($260,000.00), payable in installments at the same time as other employees of the City are paid.”

2. Subsection E (Car Allowance) of Section 5 (Compensation) of the Agreement is amended to read in its entirety as follows:
“Car Allowance. City agrees to pay Employee a monthly car allowance of Six Hundred Twenty-Five Dollars ($625.00) per month. The car allowance is intended to reimburse Employee for the use of his private vehicle for City business. Employee must provide his own automobile for his use in performing his duties and is responsible for all maintenance, repair, fuel, and insurance expenses for said vehicle.”

3. This Amendment is effective, and shall apply, as of May 15, 2023.

4. All other terms of the Agreement remain unchanged.

IN WITNESS WHEREOF the parties execute this Amendment as of the day and year first above written.

Amendment No. 1
Steven L. McClary Employment Agreement

CITY OF MALIBU CITY MANAGER
__________________________ __________________________
Bruce Silverstein, Mayor Steven L. McClary
ATTEST:
_________________________
Kelsey Pettijohn, City Clerk
APPROVED AS TO FORM:
____________________________
Trevor Rusin, Interim City Attorney

Malibu City CouncilJuly 10, 2023

Malibu City Council
July 10, 2023