Malibu City Council
October 9, 2023

PLEASE DOWNLOAD THE AGENDA DOCUMENT FOR
INSTRUCTIONS ON HOW TO PARTICIPATE IN THE MEETING.

Amended Agenda
CC231009_AMENDED_AGENDA.PDF
Item 3B2
Approve Warrants
CC231009_ITEM 3B2.PDF
Item 3B3
Approval of Minutes
CC231009_ITEM 3B3.PDF
Item 3B4
Findings to Hold Virtual City Council, Commission, Committee, Board and Other City Bodies, Meetings Under AB 361
CC231009_ITEM 3B4.PDF
Item 3B5
Amendment to Professional Services Agreement with Newbury Park Tree Service, Inc.

CC231009_ITEM 3B5.PDF
Item 3B6
Amendment to Agreement for Annual Street Sweeping Services CC231009_ITEM 3B6.PDF
Item 3B7
Application for California State Department of Recycling and Resources Recovery (CalRecycle) Grant Programs

1. Documents:

2. Documents:

3. Documents:

4. Documents:

5. Documents:

6. Documents:

7. CC231009_ITEM 3B6.PDF
Item 3B7
Application for California State Department of Recycling and Resources Recovery (CalRecycle) Grant Programs
CC231009_ITEM 3B7.PDF
Item 3B8
Amendments to Agreements for Planning Contract Services CC231009_ITEM 3B8.PDF
Item 4A
Consideration of Local Coastal Program Amendment No. 21-001, Malibu Middle and High School Campus Specific Plan, General Plan Map Amendment No. 21-002, Zoning Text Amendment No. 22-002, and Zoning Map Amendment No. 22-001 (Malibu Middle and High School Campus Specific Plan Overlay District)
CC231009_ITEM 4A.PDF
Item 4B
Coastal Development Permit No. 20-068, Site Plan Review No. 21-009, and Demolition Permit No. 20-028 – An application to demolish an existing single-family residence and construct a new single-family residence, second unit and associated development (6734 Zumirez Drive; Owner: IBN Properties, LLC) (Continued from September 25, 2023) CC231009_ITEM 4B.PDF
CC231009_ITEM 4B_SUPPLEMENTAL.PDF
Item 5A
Hybrid Meetings and AB 361
CC231009_ITEM 5A.PDF
Item 6A
Outdoor Warning Sirens System (Continued from September 25, 2023) CC231009_ITEM 6A.PDF
Item 6B
Malibu Schools Centralized Fundraising & Athletics Pathway

7. Documents:

8. Documents:

9. Documents:

10. Documents:

11. Documents:

12. Documents:

13. CC231009_ITEM 6A.PDF
Item 6B
Malibu Schools Centralized Fundraising & Athletics Pathway CC231009_ITEM 6B.PDF

13. Documents:

HOW TO VIEW THE MEETING: The meeting will be live streamed at www.malibucity.org/video and via Zoom Webinar.

HOW TO PARTICIPATE BEFORE THE MEETING: Members of the public are encouraged to submit email correspondence to [email protected] before the meeting begins.

HOW TO PARTICIPATE IN-PERSON DURING THE MEETING: Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate in-person, each speaker must complete and submit to the Recording Secretary a Request to Speak form. In-person participants may also surrender their opportunity to speak on a particular item to defer one minute to another in-person speaker.

HOW TO PARTICIPATE REMOTELY DURING THE MEETING: Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate remotely, you must be present in the Zoom Webinar during the item that you would like to speak on and use the Raise Hand feature to request to speak when the Mayor calls the item. When you join the Zoom Webinar you may see a pop-up asking you to enter an email address, but a valid email address is not required. Be advised that those participating via Zoom do so at their own risk; remote participants should not expect the meeting to be cancelled or continued due the inability of some members of the public to access the remote meeting.

Amended1 Malibu City Council
Regular Meeting Agenda
Monday, October 9, 2023
5:30 P.M. - CLOSED SESSION
City Hall – Council Chambers (call to order)
Westward Room (closed session)
23825 Stuart Ranch Road
6:30 P.M. – CITY COUNCIL REGULAR MEETING
City Hall – Council Chambers
23825 Stuart Ranch Road
Zoom Webinar Link:
https://us02web.zoom.us/j/87893270564
Five-thirty p.m. Convene for Purpose of Closed Session
Call to Order – Mayor (Council Chambers)
Public Comment on Closed Session Items
1 See the addition of Old Business Item No. 5.A. and modification to Closed Session AMENDED City Council Regular Meeting Agenda Page - 2 - October 9, 2023 Recess to Closed Session (to be held in the Westward Room) This time has been set aside for the City Council to meet in a closed session to discuss matters pursuant to Government Code Section 54956.9. The City Attorney will give an additional oral report regarding the Closed Session at the beginning of the next regular City Council meeting. At the conclusion of the Closed Session, the Council may continue any item listed on the Closed Session agenda to the Open Session agenda for discussion or to take formal action as it may deem appropriate.

Conference with Legal Counsel – Existing litigation pursuant to Government Code Section 54956.9(d)(1):

1. Case Name: City’s Petition to Form Malibu USD from Territory in the Santa Monica-Malibu USD Six-thirty p.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
Pledge of Allegiance
Closed Session Report
Report on Posting of Agenda – September 29, 2023; Amended Agenda posted October 6, 2023 Approval of Agenda

1. Ceremonial/Presentations
A. Presentation of City Tile to Fletcher Allen for Seven Years of Service to the City of Malibu B. Update Regarding Separation from Santa Monica-Malibu Unified School District C. Presentation on Environmental Health Program Updates

2. Written and Oral Communications from the Public
A. Communications from the Public concerning matters which are not on the agenda but for which the City Council has subject matter jurisdiction. City Council may not act on these matters except to refer the matters to staff or schedule the matters for a future agenda.

B. Commission / Committee / City Manager Updates
C. City Council Subcommittee reports / Mayor and Councilmember meeting attendance, reports and inquiries
AMENDED City Council Regular Meeting Agenda Page - 3 - October 9, 2023

3. Consent Calendar

A. Previously Discussed Items
None.

B. New Items

1. Waive Further Reading
Recommended Action: After the City Attorney has read the title, waive full reading of ordinances considered on this agenda for introduction on first reading and/or second reading and adoption.

Staff Contact: Interim City Attorney Rusin, 456-2489, ext. 228

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 70329-70478 on the register from the General Fund and direct the City Manager to pay out the funds to each of the claimants listed in Warrant Register No. 733 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $4,119,349.14. City of Malibu payroll check number 5374-5376 and ACH deposits were issued in the amount of $426,090.63.

Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224

3. Approval of Minutes
Recommended Action: Approve the minutes for the December 28, 2022 Malibu City Council Special meeting, and January 9, 2023 Malibu City Council Regular meeting.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228

4. Findings to Hold Virtual City Council, Commission, Committee, Board and Other City Bodies, Meetings Under AB 361
Recommended Action: Consider a motion to reaffirm Resolution No. 23-14, reauthorizing remote teleconferencing/virtual meetings pursuant to AB 361.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228

5. Amendment to Professional Services Agreement with Newbury Park Tree Service, Inc.

Recommended Action: Authorize the Mayor to execute Amendment No. 2 to the Professional Services Agreement with Newbury Park Tree Services, Inc. in the amount of $45,000 for a total not to exceed amount of $225,000 to extend the tree maintenance services for one year.

Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339 AMENDED City Council Regular Meeting Agenda Page - 4 - October 9, 2023

6. Amendment to Agreement for Annual Street Sweeping Services Recommended Action: Authorize the Mayor to execute Amendment No. 2 to Agreement with Sweeping Corp of America for street sweeping services under the City’s Annual Street Sweeping Program.

Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339

7. Application for California State Department of Recycling and Resources Recovery (CalRecycle) Grant Programs
Recommended Action: Adopt Resolution No. 23-47 authorizing the submittal of application for the California State Department of Recycling and Resources Recovery (CalRecycle) Grant Programs and related authorizations.

Staff Contact: Environmental Sustainability Director Bundy, 456-2489, ext. 229

8. Amendments to Agreements for Planning Contract Services Recommended Action: 1) Authorize the Mayor to execute Amendment No. 1 to Agreement with Joyce Parker-Bozylinski for planning contract services to allow for a oneyear extension of the current existing agreement through December 13, 2024, and to update the rates for professional services as well as the total compensation; and 2) Authorize the Mayor to execute Amendment No. 1 to Agreement with JLee Engineering Inc. for planning contract services to allow for a one-year extension of the current existing agreement through October 11, 2024 and the total compensation.

Staff Contact: Planning Director Mollica, 456-2489, ext. 346

4. Ordinances and Public Hearings
A. Consideration of Local Coastal Program Amendment No. 21-001, Malibu Middle and High School Campus Specific Plan, General Plan Map Amendment No. 21-002, Zoning Text Amendment No. 22-002, and Zoning Map Amendment No. 22-001 (Malibu Middle and High School Campus Specific Plan Overlay District)
Recommended Action: 1) Adopt Resolution No. 23-48 amending the Local Coastal Program Amendment (LCPA) No. 21-002 specific to the Local Coastal Program (LCP) Land Use Plan (LUP) and corollary amendments to the Malibu Middle and High School (MMHS) Campus Specific Plan and General Plan Map Amendment (GPMA) No. 21-001, as adopted by Resolution No. 22-33 and pursuant to the conditional certification action taken by the California Coastal Commission (CCC) on September 8, 2023 in order to obtain final certification of the submitted LCPA application for the MMHS Campus Specific Plan Overlay District, and finding the action to be exempt from the California Environmental Quality Act and consistent with the EIR for the project with no further environmental review under the California Environmental Quality Act required (CEQA; 2) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 512, an ordinance of the City of Malibu amending LCPA No. 21-002, Zoning Text Amendment (ZTA) No. 22-002, and Zoning Map Amendment (ZMA) No. 22-001, as adopted by Ordinance No. 501 and pursuant to the conditional certification action taken by the CCC on September 8, 2023 in order to obtain final certification of the submitted LCPA application for the MMHS Campus Specific Plan Overlay District, and finding the action to be exempt from the California Environmental Quality Act and consistent with the EIR for the project with no AMENDED City Council Regular Meeting Agenda Page - 5 - October 9, 2023 further environmental review under CEQA required; 3) Direct staff to schedule a second reading and adoption of Ordinance No. 512 for the October 23, 2023 Regular City Council meeting; and 4) Direct staff to notify the CCC when the LCPA has been adopted.

Staff Contact: Planning Director Mollica, 456-2489, ext. 346 B. Coastal Development Permit No. 20-068, Site Plan Review No. 21-009, and Demolition Permit No. 20-028 – An application to demolish an existing single-family residence and construct a new single-family residence, second unit and associated development (6734 Zumirez Drive; Owner:

IBN Properties, LLC) (Continued from September 25, 2023) Recommended Action: Adopt Resolution No. 23-45 determining the project is categorically exempt from the California Environmental Quality Act (CEQA), and approving Coastal Development Permit (CDP) No. 20-068 and Demolition Permit (DP) No. 20-028 for the demolition of an existing single-family residence and construction of a new 6,284 square foot single-family residence, 986 square foot basement, 510 square foot attached garage, 462 square foot detached garage, 471 square foot detached second unit, swimming pool, two spas, onsite wastewater treatment system (OWTS) and associated development; including Site Plan Review (SPR) No. 21-009 for construction up to 24 feet in height for a flat roof, located in the Rural Residential, One-Acre (RR-1) zoning district at 6734 Zumirez Drive (IBN Properties, LLC).

Staff Contact: Planning Director Mollica, 456-2489, ext. 346

5. Old Business
A. Hybrid Meetings and AB 361
Recommended Action: 1) Receive an update on AB 361 and AB 2449; 2) Consider discontinuing or suspending hybrid meetings, rescinding or ceasing to make the AB 361 findings, and/or provide direction on how hybrid meetings will operate after January 1, 2024; and 3) Provide direction on the meeting format for Commission, Committee, and Board meetings, if appropriate.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228

6. New Business
A. Outdoor Warning Sirens System (Continued from September 25, 2023) Recommended Action: 1) Receive a presentation on outdoor warning sirens; and 2) Provide directions to staff regarding the implementation of an outdoor warning system.

Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339 B. Malibu Schools Centralized Fundraising & Athletics Pathway Recommended Action: Direct the Administration & Finance Subcommittee to review and provide recommendation to City Council concerning special funding request or Malibu Centralized Fundraising & Athletics Pathway Initiative.

Staff Contact: City Manager McClary, 456-2489, ext. 226 AMENDED City Council Regular Meeting Agenda Page - 6 - October 9, 2023

7. Council Items
None.

Adjournment
Future Meetings
Monday, October 23, 2023 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, November 13, 2023 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, November 27, 2023 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Guide to the City Council Proceedings
The Oral Communication portion of the agenda is for members of the public to present items, which are not listed on the agenda but are under the subject matter jurisdiction of the City Council. No action may be taken under, except to direct staff, unless the Council, by a two-thirds vote, determines that there is a need to take immediate action and that need came to the attention of the City after the posting of the agenda. Although no action may be taken, the Council and staff will follow up, at an appropriate time, on those items needing response. Each speaker is limited to three (3) minutes.

Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate remotely, you must be present in the Zoom Webinar during the item that you would like to speak on and use the Raise Hand feature to request to speak when the Mayor calls the item. In order to participate in-person, each speaker must complete and submit to the Recording Secretary a Request to Speak form prior to the beginning of the item being announced by the Mayor. In person participants may surrender their time by deferring one (1) minute to another speaker, not to exceed a total of eight (8) minutes. The speaker wishing to defer time must be present when the item is heard and their form must be submitted with the speaker form for the individual they are deferring time to. Speakers are taken in the order slips are submitted or hands are raised.

Itemsin Consent Calendar Section A have already been considered by the Council at a previousmeeting where the public was invited to comment, after which a decision was made. These items are not subject to public discussion at this meeting because the vote taken at the previous meeting was final. Resolutions concerning decisions made at previous meetings are for the purpose of memorializing the decision to assure the accuracy of the findings, the prior vote, and any conditions imposed.

Items in Consent Calendar Section B have not been discussed previously by the Council. If discussion is desired, an item may be removed from the Consent Calendar for individual consideration. Councilmembers may indicate a negative or abstaining vote on any individual item by so declaring prior to the vote on the motion to adopt the entire Consent Calendar. Items excluded from the Consent Calendar will be taken up by the Council following the action on the Consent Calendar. The Council first will take up the items for which public speaker requests have been submitted.

Public speakers shall follow the rules as set forth under Oral Communication For Public Hearings involving zoning matters the appellant and applicant will be given 15 minutes each to present their position to the City Council, including rebuttal time. All other testimony shall follow the rules as set forth under Oral Communication.

Old Business items have appeared on previous agendas but have either been continued or tabled to this meeting with no final action having been taken. Public comment shall follow the rules as set forth under Oral Communication.

Items in New Business are items, which are appearing for the first time for formal action. Public comment shall follow the rules as set forth under Oral Communication.

City Council Items are items, which individual members of the City Council may bring up for action, to propose future agenda items or to suggest future staff assignments.

AMENDED City Council Regular Meeting Agenda Page - 7 - October 9, 2023 No new items will be taken-up after 10:30 p.m. without a two-thirds vote of the City Council.

City Council meetings are aired live and replayed on City of Malibu Government Access Channel 3 and are available on demand on the City’s website at www.malibucity.org/video. Copies of the staff reports or other written documentation relating to each item of business described above are on file in the office of the City Clerk, Malibu City Hall, 23825 Stuart Ranch Road, Malibu, California, and are available for public inspection during regular office hours, which are 7:30 a.m. to 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. Friday. Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's office at 23825 Stuart Ranch Road, Malibu, California (Government Code Section 54957.5.b.2). Copies of staff reports and written materials may be purchased for $0.10 per page.

The City Hall phone numberis(310) 456-2489. To contact City Hall using a telecommunication device forthe deaf (TDD), please call (800) 735-2929 and a California Relay Service operator will assist you. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Environmental Sustainability Director Yolanda Bundy, (310) 456-2489, ext. 229. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADD Title II].

Requests to show an audio or video presentation during a Council meeting should be directed to the Media Team at [email protected]. Material must be submitted by 12:00 p.m. on the meeting day.

I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Regular and Adjourned Regular meeting agendas may be amended up to 72 hours in advance of the meeting. Dated this 6th day of October 2023 at 5:00 p.m.

Kelsey Pettijohn, City Clerk
WARRANT REGISTER NO. 733
On October 9, 2023, the Malibu City Council allowed and approved warrant demand numbers 70329-70478 from the General Fund. The City Manager is hereby directed to pay out the funds named hereon to each of the claimants listed, the amount appearing opposite their name for the purpose stated on the respective demands, making a total of $4,119,349.14. City of Malibu payroll check numbers 5374-5376 and ACH deposits were issued in the amount of $426,090.63.

PASSED, APPROVED and ADOPTED this 9th day of October 2023. ____________________________________________
Steve Uhring
Mayor
ATTEST:
____________________________________________
Kelsey Pettijohn
City Clerk

CERTIFICATE
In accordance with Government Code Sections 37202 and Malibu Municipal Code 3.08.050, I hereby certify that: (1) the claims or demands set forth in the warrant register(s) listed below and attached hereto and incorporated herein by this reference in the aggregate amount of $4,545,439.77 have been audited as to their accuracy; and (2) sufficient funds have been appropriated by the City Council and are available for the payment thereof.

EXECUTED this 28th day of September 2023, AT MALIBU, CALIFORNIA ______________________________________________
Steve McClary
City Manager
City Council Meeting
10-09-23
Item

3.B.2.

DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Accounts Payable
User:

Printed:
sflores
9/27/2023 9:29 AM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Void Checks Check Amount 70329 13STARS 13 Stars 09/14/2023 0.00 268.00
70330 ACCOUNTE OfficeTeam A Robert Half Company 09/14/2023 0.00 15,178.00 70331 ANDYGUMP Andy Gump, Inc. 09/14/2023 0.00 106.22
70332 APPLE AppleOne 09/14/2023 0.00 5,500.88
70333 BOBHALL Robert Hall 09/14/2023 0.00 7,000.00
70334 CALIBLEA NATA Construction Inc 09/14/2023 0.00 14,503.50 70335 CALPEACE A Call 2Peace Foundation 09/14/2023 0.00 200.00 70336 CASTRATE California Strategies & Advocacy LLC 09/14/2023 0.00 12,500.00 70337 CHAMPCAM Trevor Elder 09/14/2023 0.00 150.00
70338 COASTALW Joseph D Smith 09/14/2023 0.00 19,309.00 70339 CRITTERS Critter Squad LLC 09/14/2023 0.00 616.00 70340 CSGCON CSG Consultants, Inc. 09/14/2023 0.00 45,320.00 70341 DIRECT DirecTV, Inc. 09/14/2023 0.00 102.24
70342 ENHANCED Landscape Development, Inc. 09/14/2023 0.00 17,690.29 70343 ESRI Environmental Systems Research Institute, Inc09/14/2023 0.00 15,000.00 70344 FENCE Fence Factory Rentals 09/14/2023 0.00 200.00 70345 FRONTIER Frontier California Inc 09/14/2023 0.00 440.98 70346 GIINDUS G.I. Industries 09/14/2023 0.00 6,287.04
70347 GOMLUIS Luis Gomez 09/14/2023 0.00 350.00
70348 GOVTEMPS GovTempsUSA, LLC 09/14/2023 0.00 5,250.00 70349 HENRIJ Joni St. Henri 09/14/2023 0.00 35.00
70350 HOMCOMM Reagan Hom 09/14/2023 0.00 225.00
70351 HUMMAT Matt Humphreys 09/14/2023 0.00 478.48
70352 IMPERIAL City of Imperial 09/14/2023 0.00 870.00
70353 IPC INC Integrated Performance Consultants Inc 09/14/2023 0.00 111,181.06 70354 KAZSON Sonia Kazarova 09/14/2023 0.00 200.00
70355 LACOWAT LA Co MalibuTreasurer-Waterworks 09/14/2023 0.00 3,518.99 70356 LASFLORE Las Flores Corp 09/14/2023 0.00 328.00
70357 LAWSONS Skylar J Lawson 09/14/2023 0.00 4,760.00
70358 LEECH Leech Tishman Fuscaldo & Lampl, Inc 09/14/2023 0.00 931.00 70359 MALIARC Aviv Rubin 09/14/2023 0.00 397.00
70360 MISTROB Wink Roberts 09/14/2023 0.00 10,548.02
70361 MLAGREEN MLA Green, Inc. 09/14/2023 0.00 5,408.50 70362 MOSSER Mosser Plumbing & Heating Inc 09/14/2023 0.00 302.50 70363 NAICKERV Vasudevan Naicker 09/14/2023 0.00 140.00 70364 RELIAN Ian Relecker 09/14/2023 0.00 352.80
70365 ROUNDSTA Round Star West LLC 09/14/2023 0.00 1,662.50 70366 RPBARRI R P Barricade, Inc. 09/14/2023 0.00 2,543.69 70367 SCEDISO Southern California Edison Company 09/14/2023 0.00 36,732.24 70368 SOLIDWA Solid Waste Solutions, Inc. 09/14/2023 0.00 21,199.00 70369 SPECTRUM Charter Communications Holdings, LLC 09/14/2023 0.00 209.98 70370 STAPLES Staples Contract & Commercial LLC 09/14/2023 0.00 1,629.33 70371 TETRATE Tetra Tech Inc 09/14/2023 0.00 9,353.95
70372 TOWNSPUB Townsend Public Affairs Inc 09/14/2023 0.00 6,500.00 70373 ULTMAINT Ultimate Maintenance Services Inc 09/14/2023 0.00 6,500.00 70374 UNIHVAC Universal Heating and Air 09/14/2023 0.00 702.41 70375 USBANK4 US Bank N.A. 09/14/2023 0.00 781,885.65
AP Checks by Date - Summary by Check Number (9/27/2023 9:29 AM) Page 1 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Check No Vendor No Vendor Name Check Date Void Checks Check Amount 70376 USBANK4 US Bank N.A. 09/14/2023 0.00 323,450.00
70377 VERIZONW Verizon Wireless Services LLC 09/14/2023 0.00 4,583.32 70378 WAGRON Ronald A. Wagner 09/14/2023 0.00 200.00
70379 WILLSCOT Williams Scotsman Inc 09/14/2023 0.00 1,555.49 70380 WOODSTAC Stacey Woods 09/14/2023 0.00 190.00
70381 CASTDIS California State Disbursement Unit 09/18/2023 0.00 339.69 70382 ICMA457 ICMA-MissionSquare Retirement - 303615 09/18/2023 0.00 17,282.12 70383 ICMACM ICMA-MissionSquare Retirement - 108658 09/18/2023 0.00 600.00 70384 ICMADH ICMA-MissionSquare Retirement - 108650 09/18/2023 0.00 1,000.00 70385 USBANK2 U.S. Bank 09/18/2023 0.00 1,259.99
70386 BAERV Vivian Baer 09/21/2023 0.00 25.00
70387 BRAKIM Kimberly Prescott Brady 09/21/2023 0.00 590.00 70388 CASTM Maggie Castle 09/21/2023 0.00 200.00
70389 DAVSKY Skye Davis 09/21/2023 0.00 220.00
70390 DICKEYB Belinda Dickey 09/21/2023 0.00 200.00
70391 FARME Ellen Farmer 09/21/2023 0.00 200.00
70392 FITJEN Jenna Fite 09/21/2023 0.00 240.00
70393 FUIRIS Iris Fu 09/21/2023 0.00 220.00
70394 GAFAP April Gafni 09/21/2023 0.00 200.00
70395 GWYNANTH Anthony Gwyn 09/21/2023 0.00 100.00
70396 HERMSAR Hermansson Sara 09/21/2023 0.00 180.00
70397 JOHNWIN Winnie Johnson 09/21/2023 0.00 200.00
70398 KINKIL Kiley King 09/21/2023 0.00 640.00
70399 LONCAR Carolina Londono 09/21/2023 0.00 28.00
70400 LUPOEVE Evelien Lupo 09/21/2023 0.00 570.00
70401 MALSAN Sandra Malouf 09/21/2023 0.00 200.00
70402 MANKOT Koty Mann 09/21/2023 0.00 240.00
70403 ROYMEL Melissa Arreola-Le Roy 09/21/2023 0.00 240.00 70404 SNYDERJE Jennifer Snyder 09/21/2023 0.00 20.00
70405 SWAAMA Amanda Swain 09/21/2023 0.00 180.00
70406 WOOALE Alexander Wood 09/21/2023 0.00 100.00
70407 WOODSTAC Stacey Woods 09/21/2023 0.00 200.00
70408 13STARS 13 Stars 09/25/2023 0.00 2,948.00
70409 AIPM Animal & Insect Pest Management, Inc 09/25/2023 0.00 4,190.00 70410 AMERGUAR American Guard Services, Inc 09/25/2023 0.00 4,122.91 70411 AMTECH Pacific Coast Elevator Corp. 09/25/2023 0.00 200.00 70412 ANAWALT Anawalt Lumber Co., Inc 09/25/2023 0.00 30.77 70413 ANDSOL Solishia Andico 09/25/2023 0.00 124.99
70414 BBK Best Best & Krieger LLP 09/25/2023 0.00 66,808.14 70415 BLUEBEAM Bluebeam Inc 09/25/2023 0.00 12,000.00
70416 BURNS Burns Pacific Construction Inc 09/25/2023 0.00 195,890.32 70417 CASGAY Gaylene Cascione 09/25/2023 0.00 250.00
70418 CASQA California Stormwater Quality Assoc. 09/25/2023 0.00 1,000.00 70419 CIVICSO Civic Solutions, Inc 09/25/2023 0.00 2,898.75 70420 CJBIOMON Courtney Jean McCammon 09/25/2023 0.00 16,526.00 70421 CLASSPRO Classical Progression Inc 09/25/2023 0.00 860.00 70422 COASTAL Coastal Roofing 09/25/2023 0.00 328.00
70423 COOKALI Allison Cook 09/25/2023 0.00 9,337.50
70424 COOPERM Marsha Cooper 09/25/2023 0.00 650.00
70425 COTTON Cotton,Shires & Associates,Inc 09/25/2023 0.00 108,166.50 70426 CREATE Jemma S. Wildermuth 09/25/2023 0.00 300.00 70427 CRPRINT CR PRINT 09/25/2023 0.00 1,160.58
70428 DANESHJ Jackline Yafai Daneshrad 09/25/2023 0.00 250.00 70429 ENHANCED Landscape Development, Inc. 09/25/2023 0.00 50,117.75 70430 FASTDEER Fast Deer Bus Charter Inc. 09/25/2023 0.00 2,012.50 70431 FERCANOL Laura DeMieri Fercano 09/25/2023 0.00 340.00 70432 FRONTIER Frontier California Inc 09/25/2023 0.00 3,536.14 AP Checks by Date - Summary by Check Number (9/27/2023 9:29 AM) Page 2 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Check No Vendor No Vendor Name Check Date Void Checks Check Amount 70433 GALLMIC Michael Galligan 09/25/2023 0.00 393.00
70434 GARGAY Gayle Garcia Westmod 09/25/2023 0.00 2,025.16 70435 GOVERNF Governmental Financial Service 09/25/2023 0.00 4,760.00 70436 Grainger W.W. Grainger,Inc 09/25/2023 0.00 20.37
70437 GRISPAUL Paul Grisanti 09/25/2023 0.00 430.00
70438 HDL2 HdL Coren & Cone 09/25/2023 0.00 1,245.00
70439 HOMEPRO HD Supply Facilties Maintenance, Ltd 09/25/2023 0.00 434.41 70440 iRIS Lorrie Feinberg 09/25/2023 0.00 10,945.00
70441 JLEEENG JLee Engineering, Inc. 09/25/2023 0.00 15,640.00 70442 KIMLEY Kimley-Horn and Associates Inc 09/25/2023 0.00 8,350.00 70443 KOFF Gallagher Benefit Services, Inc. 09/25/2023 0.00 5,643.75 70444 LACOCLE LA County Registrar-Recorder LA Co Clerk 09/25/2023 VOID 600.00 0.00 70445 LACOWAT LA Co MalibuTreasurer-Waterworks 09/25/2023 0.00 2,724.10 70446 LINPIC Lin Pictures Inc 09/25/2023 0.00 24.35
70447 MASTERCO Master Cooling Corporation 09/25/2023 0.00 863.65 70448 MERRICKJ Judy M. Merrick 09/25/2023 0.00 160.00
70449 MONAHAN Ann Monahan 09/25/2023 0.00 240.00
70450 MONTHARD Montgomery Hardware Co. 09/25/2023 0.00 32.50 70451 MOSSER Mosser Plumbing & Heating Inc 09/25/2023 0.00 395.00 70452 NAICKERV Vasudevan Naicker 09/25/2023 0.00 140.00 70453 NATFIRE National Fire Protection Association 09/25/2023 0.00 11,995.00 70454 NATIONA National Construction Rentals, Inc 09/25/2023 0.00 941.00 70455 PARKERB Joyce Parker-Bozylinski 09/25/2023 0.00 13,050.00 70456 READYREF Nestle Waters North America Inc 09/25/2023 0.00 223.58 70457 ROSENSHE Sheila Jean Rudich Rosenthal 09/25/2023 0.00 280.00 70458 ROUNDSTA Round Star West LLC 09/25/2023 0.00 612.50 70459 SAHMEH Mehruz Sahafi 09/25/2023 0.00 528.00
70460 SELOLI Olivia Sellers 09/25/2023 0.00 360.00
70461 SICHTAK Kimberly Sichta 09/25/2023 0.00 275.00
70462 SMITCHRI Christian Smith 09/25/2023 0.00 1,058.75 70463 SOLIDWA Solid Waste Solutions, Inc. 09/25/2023 0.00 2,257.75 70464 STOVER Stover Seed Company 09/25/2023 0.00 2,584.20 70465 TOTALGRA Brian Shore 09/25/2023 0.00 3,059.44
70466 TRIYOGA TriYoga International 09/25/2023 0.00 160.00 70467 TRUNORTH True North Compliance Services, Inc. 09/25/2023 0.00 98,688.80 70468 ULTMAINT Ultimate Maintenance Services Inc 09/25/2023 0.00 8,025.00 70469 UNITEDSI United Site Services of California Inc 09/25/2023 0.00 201.62 70470 USBANK4 US Bank N.A. 09/25/2023 0.00 1,905,912.50 70471 LACOCLE LA County Registrar-Recorder LA Co Clerk 09/25/2023 0.00 75.00 70472 LACOCLE LA County Registrar-Recorder LA Co Clerk 09/25/2023 0.00 75.00 70473 LACOCLE LA County Registrar-Recorder LA Co Clerk 09/25/2023 0.00 75.00 70474 LACOCLE LA County Registrar-Recorder LA Co Clerk 09/25/2023 0.00 75.00 70475 LACOCLE LA County Registrar-Recorder LA Co Clerk 09/25/2023 0.00 75.00 70476 LACOCLE LA County Registrar-Recorder LA Co Clerk 09/25/2023 0.00 75.00 70477 LACOCLE LA County Registrar-Recorder LA Co Clerk 09/25/2023 0.00 75.00 70478 LACOCLE LA County Registrar-Recorder LA Co Clerk 09/25/2023 0.00 75.00 Report Total (150 checks): 600.00 4,119,349.14
AP Checks by Date - Summary by Check Number (9/27/2023 9:29 AM) Page 3 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E User:

Printed: 09/27/2023 - 10:05AM
sflores
Transactions by Account
Batch: 00000.00.0000
Accounts Payable
Checks from: 00070329 To: 00070478
Account Number Description Vendor Description Check No Amount Section 1: 100
Section 2:0000
100-0000-3464-00 Youth Sports Program Fees Anthony Gwyn Ref: Summer Adult Softball Tournament Cancelled 70395 100.00 Vendor Subtotal for Section 2:0000 100.00
Section 2:0000
100-0000-3464-00 Youth Sports Program Fees Alexander Wood Ref: Summer Adult Softball Cancelled, Low Enrollment 70406 100.00 Vendor Subtotal for Section 2:0000 100.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Kimberly Prescott Brady Ref: Malibu Aquatics Foundation Seawolves 70387 590.00 Vendor Subtotal for Section 2:0000 590.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Kimberly Sichta Reissue Ck#69919 for Seawolves Refund 70461 275.00 Vendor Subtotal for Section 2:0000 275.00
Section 2:0000
100-0000-3468-00 Senior Adult Program Fee Joni St. Henri Ref- Sr Excursion Aug '23 70349 35.00 Vendor Subtotal for Section 2:0000 35.00
Section 2:0000
100-0000-3470-00 Community Classes Vivian Baer Ref: Restorative Soundbath, Cancelled, Low Enrollment 70386 25.00 AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 1 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 25.00
Section 2:0000
100-0000-3470-00 Community Classes Maggie Castle Ref: Science Explorers Cancelled, Low Enrollment 70388 200.00 Vendor Subtotal for Section 2:0000 200.00
Section 2:0000
100-0000-3470-00 Community Classes Skye Davis Ref: Parent and Me Art Cancelled, Low Enrollment 70389 220.00 Vendor Subtotal for Section 2:0000 220.00
Section 2:0000
100-0000-3470-00 Community Classes Belinda Dickey Ref: Chess Cancelled, Low Enrollment 70390 200.00 Vendor Subtotal for Section 2:0000 200.00
Section 2:0000
100-0000-3470-00 Community Classes Ellen Farmer Ref: Science Explorers, Cancelled, Low Enrollment 70391 200.00 Vendor Subtotal for Section 2:0000 200.00
Section 2:0000
100-0000-3470-00 Community Classes Jenna Fite Ref: Wildlife Biology, Cancelled, Low Enrollment 70392 240.00 Vendor Subtotal for Section 2:0000 240.00
Section 2:0000
100-0000-3470-00 Community Classes Iris Fu Ref: Parent and Me Art Cancelled, Low Enrollment 70393 220.00 Vendor Subtotal for Section 2:0000 220.00
Section 2:0000
100-0000-3470-00 Community Classes April Gafni Ref: Science Explorers Cancelled, Low Enrollment 70394 200.00 Vendor Subtotal for Section 2:0000 200.00
Section 2:0000
100-0000-3470-00 Community Classes Hermansson Sara Ref: Science Explorers Cancelled, Low Enrollment 70396 180.00 Vendor Subtotal for Section 2:0000 180.00
AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 2 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount Section 2:0000
100-0000-3470-00 Community Classes Winnie Johnson Ref: Science Explorers, Cancelled, Low Enrollment 70397 200.00 Vendor Subtotal for Section 2:0000 200.00
Section 2:0000
100-0000-3470-00 Community Classes Kiley King Ref: Parent and Me Tennis, Cancelled, Low Enrollment 70398 640.00 Vendor Subtotal for Section 2:0000 640.00
Section 2:0000
100-0000-3470-00 Community Classes Carolina Londono Ref: Parent And Me Tennis Cancelled, Low Enrollment 70399 28.00 Vendor Subtotal for Section 2:0000 28.00
Section 2:0000
100-0000-3470-00 Community Classes Evelien Lupo Ref: Fall Surf, Participant Cancelled 70400 570.00 Vendor Subtotal for Section 2:0000 570.00
Section 2:0000
100-0000-3470-00 Community Classes Sandra Malouf Ref: Chess Cancelled, Low Enrollment 70401 200.00 Vendor Subtotal for Section 2:0000 200.00
Section 2:0000
100-0000-3470-00 Community Classes Koty Mann Ref: Wildlife Biology Cancelled, Low Enrollment 70402 240.00 Vendor Subtotal for Section 2:0000 240.00
Section 2:0000
100-0000-3470-00 Community Classes Melissa Arreola-Le Roy Ref: Parent and Me T-Ball, Cancelled, Low Enrollment 70403 240.00 Vendor Subtotal for Section 2:0000 240.00
Section 2:0000
100-0000-3470-00 Community Classes Jennifer Snyder Ref: Transfer Diff. to Ice Dyeing 70404 20.00 Vendor Subtotal for Section 2:0000 20.00
Section 2:0000
100-0000-3470-00 Community Classes Amanda Swain Ref: Science Explorers Cancelled, Low Enrollment 70405 180.00 AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 3 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 180.00
Section 2:0000
100-0000-3470-00 Community Classes Stacey Woods Ref- Barre Fitness Fall 2023 70380 190.00 100-0000-3470-00 Community Classes Stacey Woods Ref: Science Explorers Cancelled, Low Enrollment 70407 200.00 Vendor Subtotal for Section 2:0000 390.00
Section 2:0000
100-0000-3943-00 Other Miscellaneous Revenue Lin Pictures Inc Ref- Q1 2023 TOT Late Fee Overpayment 70446 24.35 Vendor Subtotal for Section 2:0000 24.35
Section 2:3001
100-3001-5120-00 Street Maintenance Burns Pacific Construction Inc Task 7: Yard Rental - Jul '23 70416 7,500.00 100-3001-5120-00 Street Maintenance Burns Pacific Construction Inc Task 6: Other Maint - Wildlife Rd - Jul '23 70416 1,217.24 100-3001-5120-00 Street Maintenance Burns Pacific Construction Inc Task 1: Routine Maint - Jul '23 70416 92,770.76 Vendor Subtotal for Section 2:3001 101,488.00
Section 2:3001
100-3001-5120-02 Street Maintenance - Summer Burns Pacific Construction Inc Summer Routine Maint - Weed Abatement - Jul '23 70416 46,289.76 100-3001-5120-02 Street Maintenance - Summer Burns Pacific Construction Inc Summer Routine Maint - Jul '23 70416 14,805.72 Vendor Subtotal for Section 2:3001 61,095.48
Section 2:3001
100-3001-5123-01 Culvert Cleaning Burns Pacific Construction Inc Task 3: Storm Drain Maint - Jul '23 70416 1,186.60 Vendor Subtotal for Section 2:3001 1,186.60
Section 2:3001
100-3001-5722-00 Electricity Southern California Edison Company Webb Way Signal - Jul/Aug '23 70367 179.17 100-3001-5722-00 Electricity Southern California Edison Company Rambla Light - Jul/Aug '23 70367 27.31 100-3001-5722-00 Electricity Southern California Edison Company St Lighting - Jul/Aug '23 70367 2,816.27 100-3001-5722-00 Electricity Southern California Edison Company Cross Creek Rd Ped - Jul/Aug '23 70367 15.44 AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 4 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount 100-3001-5722-00 Electricity Southern California Edison Company Winter Cyn - Jul/Aug '23 70367 90.16 100-3001-5722-00 Electricity Southern California Edison Company Broad Beach - Jul/Aug '23 70367 20.68 100-3001-5722-00 Electricity Southern California Edison Company Traffic Control - Jul/Aug '23 70367 111.18 Vendor Subtotal for Section 2:3001 3,260.21
Section 2:3001
100-3001-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - City Yard - 7/16/23 - 7/31/23 70346 520.53 100-3001-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - Bus Stop/ Cross Creek - Sep '23 70346 2,521.31 100-3001-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - City Yard - 8/1/23 - 8/15/23 70346 1,102.42 Vendor Subtotal for Section 2:3001 4,144.26
Section 2:3001
100-3001-6160-00 Operating Supplies Burns Pacific Construction Inc Operating Supplies - Jul '23 70416 17,986.01 Vendor Subtotal for Section 2:3001 17,986.01
Section 2:3001
100-3001-6160-00 Operating Supplies R P Barricade, Inc. PW - Summer CMS Board Rentals 70366 2,100.00 Vendor Subtotal for Section 2:3001 2,100.00
Section 2:3007
100-3007-5610-00 Fac Maintenance-Civic Center Integrated Performance Consultants Inc CCSTF Operation/Maint - Jul '23 70353 3,913.00 Vendor Subtotal for Section 2:3007 3,913.00
Section 2:3007
100-3007-5610-01 Fac Maintenance-Paradise Cove Integrated Performance Consultants Inc PCSTF Operation/Maint - Jul '23 70353 3,913.00 Vendor Subtotal for Section 2:3007 3,913.00
Section 2:3007
100-3007-5655-00 Stormwater Monitoring Integrated Performance Consultants Inc Remote Access Fee - Jul '23 70353 100.00 AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 5 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:3007 100.00
Section 2:3007
100-3007-5721-00 Telephone Frontier California Inc Phone - Civic Center STF - Sep '23 70432 158.04 Vendor Subtotal for Section 2:3007 158.04
Section 2:3007
100-3007-5722-00 Electricity Southern California Edison Company CCSTF - Jul/Aug '23 70367 549.00 Vendor Subtotal for Section 2:3007 549.00
Section 2:3008
100-3008-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Public Works 70370 37.13 Vendor Subtotal for Section 2:3008 37.13
Section 2:4001
100-4001-5721-00 Telephone Frontier California Inc Phone - Charmlee Park - Sep '23 70432 71.04 100-4001-5721-00 Telephone Frontier California Inc Bluffs Park - Phone/Internet - Sep '23 70432 558.51 Vendor Subtotal for Section 2:4001 629.55
Section 2:4001
100-4001-6160-00 Operating Supplies Nestle Waters North America Inc Water - MHS & Bluffs Staff - 7/13/23 - 8/12/23 70456 203.58 Vendor Subtotal for Section 2:4001 203.58
Section 2:4001
100-4001-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Community Svcs 70370 215.82 Vendor Subtotal for Section 2:4001 215.82
Section 2:4001
100-4001-6160-00 Operating Supplies Brian Shore Banner - Skate Park Closed for Event 70465 164.25 AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 6 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4001 164.25
Section 2:4002
100-4002-5401-00 Advertising & Noticing 13 Stars Ad- Aquatics (2) 8/24/23 70408 536.00 Vendor Subtotal for Section 2:4002 536.00
Section 2:4002
100-4002-6160-00 Operating Supplies R P Barricade, Inc. CS - Barricades Rental for Pool Office 70366 443.69 Vendor Subtotal for Section 2:4002 443.69
Section 2:4004
100-4004-5107-00 Contract Personnel Skylar J Lawson Instructor - Aspects Surf Academy S9 8/14/23 - 8/17/23 70357 4,760.00 Vendor Subtotal for Section 2:4004 4,760.00
Section 2:4004
100-4004-5107-00 Contract Personnel Christian Smith Reissue Chk#69923 for Theater Camp 6/26/23 - 6/29/23 70462 1,058.75 Vendor Subtotal for Section 2:4004 1,058.75
Section 2:4005
100-4005-5401-00 Advertising & Noticing Brian Shore Poster - Skate Park Hours 70465 118.26 100-4005-5401-00 Advertising & Noticing Brian Shore Poster - Skate Park Hours 70465 59.13 Vendor Subtotal for Section 2:4005 177.39
Section 2:4005
100-4005-5640-00 Equipment Maintenance Brian Shore Banner - Skate Park Closed for Maintenance 70465 492.75 Vendor Subtotal for Section 2:4005 492.75
Section 2:4006
100-4006-5107-01 Contract Personnel-Girls Sport Gaylene Cascione Instructor - Girls Cheerleading Clinic 9/8/23 70417 250.00 AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 7 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4006 250.00
Section 2:4006
100-4006-5401-00 Advertising & Noticing 13 Stars Ad- Adult Softball 8/10/23 & 8/17/23 70408 804.00 Vendor Subtotal for Section 2:4006 804.00
Section 2:4006
100-4006-5401-00 Advertising & Noticing Brian Shore Banner - Softball/Basketball 70465 410.63 Vendor Subtotal for Section 2:4006 410.63
Section 2:4007
100-4007-5107-00 Contract Personnel Critter Squad LLC Instructor - Animal Adventures 6/26/23 - 8/14/23 70339 616.00 Vendor Subtotal for Section 2:4007 616.00
Section 2:4007
100-4007-5107-00 Contract Personnel Round Star West LLC Instructor - 2023 Summer Youth Soccer Ages 4-5 70365 665.00 100-4007-5107-00 Contract Personnel Round Star West LLC Instructor - 2023 Summer Youth Soccer Ages 5-7 70365 472.50 100-4007-5107-00 Contract Personnel Round Star West LLC Instructor - 2023 Summer Youth Soccer Ages 3-4 70365 525.00 100-4007-5107-00 Contract Personnel Round Star West LLC Instructor - Summer Youth Soccer Ages 2-3 70458 612.50 Vendor Subtotal for Section 2:4007 2,275.00
Section 2:4008
100-4008-5107-00 Contract Personnel Marsha Cooper Instructor - Stretch & Strength - Aug '23 70424 650.00 Vendor Subtotal for Section 2:4008 650.00
Section 2:4008
100-4008-5107-00 Contract Personnel Jackline Yafai Daneshrad Instructor - Cardio Salsa& Stretch - Aug '23 70428 250.00 Vendor Subtotal for Section 2:4008 250.00
Section 2:4008
100-4008-5107-00 Contract Personnel Laura DeMieri Fercano Instructor - Choir - Aug '23 70431 340.00 AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 8 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4008 340.00
Section 2:4008
100-4008-5107-00 Contract Personnel Judy M. Merrick Instructor - Relax Through Coloring - Aug '23 70448 160.00 Vendor Subtotal for Section 2:4008 160.00
Section 2:4008
100-4008-5107-00 Contract Personnel Ann Monahan Instructor - Pilates, Ballet, Jazz - Aug '23 70449 240.00 Vendor Subtotal for Section 2:4008 240.00
Section 2:4008
100-4008-5107-00 Contract Personnel Sheila Jean Rudich Rosenthal Instructor - Knitting Aug '23 70457 280.00 Vendor Subtotal for Section 2:4008 280.00
Section 2:4008
100-4008-5107-00 Contract Personnel Olivia Sellers Instructor - Ballet, Tap/Jazz, Pilates - Aug '23 70460 360.00 Vendor Subtotal for Section 2:4008 360.00
Section 2:4008
100-4008-5107-00 Contract Personnel TriYoga International Instructor - Chair Yoga - Aug '23 70466 160.00 Vendor Subtotal for Section 2:4008 160.00
Section 2:4008
100-4008-5401-00 Advertising & Noticing 13 Stars Ad- Sr Programs 8/10/23 70408 268.00 Vendor Subtotal for Section 2:4008 268.00
Section 2:4010
100-4010-5100-00 Professional Services American Guard Services, Inc Security Services to Close Parks - Jul '23 70410 4,122.91 Vendor Subtotal for Section 2:4010 4,122.91
Section 2:4010
100-4010-5100-00 Professional Services Landscape Development, Inc. City Parks Landscape Maint/Liners - Sep '23 70429 27,371.45 AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 9 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4010 27,371.45
Section 2:4010
100-4010-5100-00 Professional Services Ultimate Maintenance Services Inc City Parks Janitorial Svcs - Sep '23 70468 3,675.00 Vendor Subtotal for Section 2:4010 3,675.00
Section 2:4010
100-4010-5130-00 Parks Maintenance Animal & Insect Pest Management, Inc Park Animal & Insect Pest Mgmt 70409 4,190.00 Vendor Subtotal for Section 2:4010 4,190.00
Section 2:4010
100-4010-5130-00 Parks Maintenance Anawalt Lumber Co., Inc CS - Paint for Webster Storage Bin 70412 30.77 Vendor Subtotal for Section 2:4010 30.77
Section 2:4010
100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Abandoned Lot - Labor/ Equipment Rental 70342 635.00 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Cross Creek - Plant Installation 70429 65.00 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Las Flores - Irrigation Repairs 70429 400.50 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Trancas - Irrigation Repairs 70429 275.25 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Bluffs Park - Plant Installation 70429 520.00 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Triangle Planter - Irrigation Repairs 70429 314.00 Vendor Subtotal for Section 2:4010 2,209.75
Section 2:4010
100-4010-5130-00 Parks Maintenance Stover Seed Company Trancas Park - Grand Slam 70464 2,584.20 Vendor Subtotal for Section 2:4010 2,584.20
Section 2:4010
100-4010-5610-00 Facility Maintenance Mosser Plumbing & Heating Inc Trancas - Monthly Septic Maint - Aug '23 70451 275.00 100-4010-5610-00 Facility Maintenance Mosser Plumbing & Heating Inc Las Flores - Monthly Septic Maint - Aug '23 70451 120.00 Vendor Subtotal for Section 2:4010 395.00
Section 2:4010
100-4010-5610-00 Facility Maintenance Universal Heating and Air HVAC Maint at Michael Landon Ctr 70374 702.41 AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 10 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4010 702.41
Section 2:4010
100-4010-5710-00 Facilities Lease/Rental National Construction Rentals, Inc Bluffs Park Portable Toilet 8/24/23 - 9/20/23 70454 941.00 Vendor Subtotal for Section 2:4010 941.00
Section 2:4010
100-4010-5721-00 Telephone Frontier California Inc Phone - Las Flores, Bluffs, Trancas - Sep '23 70432 528.07 100-4010-5721-00 Telephone Frontier California Inc Phone - 23641 PCH (median) - Sep '23 70432 60.06 Vendor Subtotal for Section 2:4010 588.13
Section 2:4010
100-4010-5722-00 Electricity Southern California Edison Company Bluffs Park Lift Station - Jul/Aug '23 70367 129.85 100-4010-5722-00 Electricity Southern California Edison Company Rambla Pacifico - Jul/Aug '23 70367 19.19 100-4010-5722-00 Electricity Southern California Edison Company PCH Median - Jul/Aug '23 70367 17.49 100-4010-5722-00 Electricity Southern California Edison Company Community Svcs - Jul/Aug '23 70367 959.96 Vendor Subtotal for Section 2:4010 1,126.49
Section 2:4010
100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Cross Creek 7/6/23 - 9/6/23 Acct#29649953 70355 2,481.71 100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - PCH Median 7/6/23 - 9/6/23 Acct#29152979 70355 631.76 100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Las Flores 6/13 - 8/14/23 Acct#29142887 70445 599.29 100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Las Flores Rambla 6/13 - 8/14/23 Acct#29143394 70445 183.34 100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Las Flores 6/13 - 8/14/23 Acct#29142869 70445 124.94 Vendor Subtotal for Section 2:4010 4,021.04
Section 2:4010
100-4010-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - Bluffs/ Equestrian - Sep '23 70346 694.04 100-4010-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - Charmlee Park - Sep '23 70346 237.81 Vendor Subtotal for Section 2:4010 931.85
AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 11 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount Section 2:4010
100-4010-6160-00 Operating Supplies Brian Shore Poster - Trancas Field Closure 70465 177.39 Vendor Subtotal for Section 2:4010 177.39
Section 2:4010
100-4010-6160-00 Operating Supplies United Site Services of California Inc Snack Shack - Sink/Tank Rentals 7/1 - 7/13/23 70469 201.62 Vendor Subtotal for Section 2:4010 201.62
Section 2:4011
100-4011-5107-00 Contract Personnel Trevor Elder Instructor - Skateboard Activity for Tiny Tot Olympics 9/17/23 70337 150.00 Vendor Subtotal for Section 2:4011 150.00
Section 2:4011
100-4011-5107-00 Contract Personnel Jemma S. Wildermuth Instructor- Art Activity for Tiny Tot Olympics 9/17/23 70426 300.00 Vendor Subtotal for Section 2:4011 300.00
Section 2:4011
100-4011-6160-00 Operating Supplies Brian Shore Banners - Flags for Event Lines 70465 1,450.88 Vendor Subtotal for Section 2:4011 1,450.88
Section 2:4012
100-4012-5107-00 Contract Personnel A Call 2Peace Foundation Wex Van Dyke Art Exhibit Opening Performance 9/16/23 70335 200.00 Vendor Subtotal for Section 2:4012 200.00
Section 2:4012
100-4012-5107-00 Contract Personnel Sonia Kazarova Wex Van Dyke Art Exhibit Opening Performance 9/16/23 70354 200.00 Vendor Subtotal for Section 2:4012 200.00
Section 2:4012
100-4012-5107-00 Contract Personnel Ronald A. Wagner Wex Van Dyke Art Exhibit Opening Performance 9/16/23 70378 200.00 AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 12 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4012 200.00
Section 2:7001
100-7001-5104-00 Lobbyist Services California Strategies & Advocacy LLC Lobbying Services - Aug '23 70336 12,500.00 Vendor Subtotal for Section 2:7001 12,500.00
Section 2:7003
100-7003-5105-00 Grant Consultant Townsend Public Affairs Inc Grant Writing Svcs - Sep '23 70372 6,500.00 Vendor Subtotal for Section 2:7003 6,500.00
Section 2:7003
100-7003-5300-00 Travel and Training City of Imperial ICMA 2023 Annual Conference - DCM A. Brown 70352 870.00 Vendor Subtotal for Section 2:7003 870.00
Section 2:7005
100-7005-5101-00 General Legal Counsel Best Best & Krieger LLP General Legal Svcs - Jul '23 70414 28,645.00 Vendor Subtotal for Section 2:7005 28,645.00
Section 2:7005
100-7005-5101-01 School District Separation Best Best & Krieger LLP School District Separation - Jul '23 70414 11,084.79 Vendor Subtotal for Section 2:7005 11,084.79
Section 2:7005
100-7005-5102-00 Litigation Best Best & Krieger LLP Litigation Svcs - Jul '23 70414 27,078.35 Vendor Subtotal for Section 2:7005 27,078.35
Section 2:7005
100-7005-5102-00 Litigation Leech Tishman Fuscaldo & Lampl, Inc Special Legal Svcs - Aviation Noise/Emissions Jul '23 7058 931.00 AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 13 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7005 931.00
Section 2:7007
100-7007-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - City Clerk 70370 149.60 Vendor Subtotal for Section 2:7007 149.60
Section 2:7021
100-7021-5100-00 Professional Services National Fire Protection Association CalFire Grant - Dom On Site Training 70453 11,995.00 Vendor Subtotal for Section 2:7021 11,995.00
Section 2:7021
100-7021-5401-00 Advertising & Noticing 13 Stars Ad - Cert Training 7/27/23 70329 268.00 100-7021-5401-00 Advertising & Noticing 13 Stars Ad- Public Safety (4) 8/3, 8/10, 8/17, & 8/24 70408 1,072.00 Vendor Subtotal for Section 2:7021 1,340.00
Section 2:7021
100-7021-5405-00 Printing Brian Shore Banners - Public Safety 70465 186.15 Vendor Subtotal for Section 2:7021 186.15
Section 2:7021
100-7021-5640-00 Equipment Maintenance Southern California Edison Company Tier - Jul/Aug '23 70367 157.99 Vendor Subtotal for Section 2:7021 157.99
Section 2:7021
100-7021-5721-00 Telephone Frontier California Inc Phone - Disaster Hot Line, Tier, E911 - Sep '23 70432 323.55 Vendor Subtotal for Section 2:7021 323.55
Section 2:7021
AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 14 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount 100-7021-6160-00 Operating Supplies DirecTV, Inc. EOC TV - Sep '23 70341 95.99 Vendor Subtotal for Section 2:7021 95.99
Section 2:7021
100-7021-6160-00 Operating Supplies Fence Factory Rentals Fence Repair at Impound Yard 70344 200.00 Vendor Subtotal for Section 2:7021 200.00
Section 2:7021
100-7021-7800-00 Other Equipment Burns Pacific Construction Inc Beacon Boxes - Jul '23 70416 4,032.63 Vendor Subtotal for Section 2:7021 4,032.63
Section 2:7054
100-7054-5100-00 Professional Services Governmental Financial Service Consulting Svcs - Year End - Aug '23 70435 4,760.00 Vendor Subtotal for Section 2:7054 4,760.00
Section 2:7054
100-7054-5100-00 Professional Services HdL Coren & Cone FY 23/24 ACFR Statistical Package 70438 1,245.00 Vendor Subtotal for Section 2:7054 1,245.00
Section 2:7054
100-7054-5117-00 Film Permit Consultant Frontier California Inc Phone - Film Fax - Sep '23 70432 34.26 Vendor Subtotal for Section 2:7054 34.26
Section 2:7054
100-7054-5117-00 Film Permit Consultant Solid Waste Solutions, Inc. Film Permits - Aug '23 70368 21,199.00 Vendor Subtotal for Section 2:7054 21,199.00
Section 2:7054
100-7054-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Finance 70370 9.70 100-7054-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Finance 70370 26.37 100-7054-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Finance 70370 12.20 AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 15 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount 100-7054-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Finance 70370 53.30 Vendor Subtotal for Section 2:7054 101.57
Section 2:7058
100-7058-5100-00 Professional Services Gallagher Benefit Services, Inc. Class and Comp Study - Aug '23 70443 5,643.75 Vendor Subtotal for Section 2:7058 5,643.75
Section 2:7058
100-7058-5107-00 Contract Personnel OfficeTeam A Robert Half Company Temporary Staff- HR Consultant 8/18/23 70330 2,800.00 100-7058-5107-00 Contract Personnel OfficeTeam A Robert Half Company Temporary Staff- HR Consultant 8/4/23 70330 2,800.00 100-7058-5107-00 Contract Personnel OfficeTeam A Robert Half Company Temporary Staff- HR Consultant 8/11/23 70330 2,450.00 Vendor Subtotal for Section 2:7058 8,050.00
Section 2:7058
100-7058-5107-00 Contract Personnel GovTempsUSA, LLC Temporary Staff - 7/24/23 - 7/30/23 70348 1,932.00 100-7058-5107-00 Contract Personnel GovTempsUSA, LLC Temporary Staff - 8/7/23 - 8/13/23 70348 3,318.00 Vendor Subtotal for Section 2:7058 5,250.00
Section 2:7058
100-7058-5320-00 Recruitment Expense Robert Hall HR Recruitment Svcs - Milestone #1 70333 7,000.00 Vendor Subtotal for Section 2:7058 7,000.00
Section 2:7059
100-7059-5210-00 Service Fees & Charges DirecTV, Inc. Late Fee - Sep '23 70341 6.25 Vendor Subtotal for Section 2:7059 6.25
Section 2:7059
100-7059-5210-00 Service Fees & Charges G.I. Industries Late Fee - Sep '23 70346 48.11 100-7059-5210-00 Service Fees & Charges G.I. Industries Late Fee - Sept '23 70346 3.00 100-7059-5210-00 Service Fees & Charges G.I. Industries Late Fee - Sep '23 70346 3.18 100-7059-5210-00 Service Fees & Charges G.I. Industries Late Fee - Sep '23 70346 3.05 AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 16 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7059 57.34
Section 2:7059
100-7059-5210-00 Service Fees & Charges Nestle Waters North America Inc Late Fee 70456 20.00 Vendor Subtotal for Section 2:7059 20.00
Section 2:7059
100-7059-5210-00 Service Fees & Charges Southern California Edison Company Late Fee - Jul/Aug '23 70367 15.33 Vendor Subtotal for Section 2:7059 15.33
Section 2:7059
100-7059-5210-00 Service Fees & Charges Williams Scotsman Inc Temporary Office Trailer - 8/28/23 - 9/27/23 Late Fee70379 35.00 Vendor Subtotal for Section 2:7059 35.00
Section 2:7059
100-7059-5721-00 Telephone Frontier California Inc Phone - Annex Fax Ln - Sep '23 70432 60.06 100-7059-5721-00 Telephone Frontier California Inc Phone - City Hall Fac, Cable, Teleconference - Sep '23 70432 491.52 Vendor Subtotal for Section 2:7059 551.58
Section 2:7059
100-7059-5721-00 Telephone Verizon Wireless Services LLC Cell Phone Svc - 7/24/23 - 8/23/23 70377 4,583.32 Vendor Subtotal for Section 2:7059 4,583.32
Section 2:7059
100-7059-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Non-Departmental 70370 447.45 100-7059-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Non-Departmental 70370 49.45 100-7059-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Non-Departmental 70370 373.23 Vendor Subtotal for Section 2:7059 870.13
Subtotal for Section 1: 100 442,475.96
Section 1: 101
AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 17 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount Section 2:0000
101-0000-3203-00 Building Permits Coastal Roofing Ref- Reroof Bldg Permit #22-1125 70422 328.00 Vendor Subtotal for Section 2:0000 328.00
Section 2:0000
101-0000-3203-00 Building Permits Gayle Garcia Westmod Ref- Bldg Permits 23-1257 & 23-1256 70434 1,722.60 Vendor Subtotal for Section 2:0000 1,722.60
Section 2:0000
101-0000-3203-00 Building Permits Las Flores Corp Ref- Reroofing Bldg Permit # 23-0551 70356 328.00 Vendor Subtotal for Section 2:0000 328.00
Section 2:0000
101-0000-3408-00 Biology Review Fees Classical Progression Inc Ref - Bio Review Not Required for APRWF 23-022 70421 860.00 Vendor Subtotal for Section 2:0000 860.00
Section 2:0000
101-0000-3409-00 Document Retention Fee Gayle Garcia Westmod Ref- Doc Retention 23-1257 & 23-1256 70434 16.00 Vendor Subtotal for Section 2:0000 16.00
Section 2:0000
101-0000-3410-01 Admin Plan Ck Processing Fee Paul Grisanti Ref- Admin Fees IPC 23-0349/23-0350 70437 107.50 Vendor Subtotal for Section 2:0000 107.50
Section 2:0000
101-0000-3411-00 Inspector Plan Check Fees Paul Grisanti Ref- Plan Reviews IPC 23-0349/23-0350 70437 322.50 Vendor Subtotal for Section 2:0000 322.50
Section 2:0000
101-0000-3412-00 Geo Soils Engineering Fees Mehruz Sahafi Ref- Coastal Eng Fees for OC 22-013 70459 528.00 AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 18 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 528.00
Section 2:0000
101-0000-3416-00 Code Enforcement Investigatio Matt Humphreys Ref- Duplicate Pymt of CE 108 Fees 70351 465.00 Vendor Subtotal for Section 2:0000 465.00
Section 2:0000
101-0000-3419-00 Credit Card Fees Gayle Garcia Westmod Ref- Credit Card Fee 70434 57.66 Vendor Subtotal for Section 2:0000 57.66
Section 2:0000
101-0000-3419-00 Credit Card Fees Matt Humphreys Ref- Credit Card Fees 70351 13.48 Vendor Subtotal for Section 2:0000 13.48
Section 2:0000
101-0000-3421-00 Planning Review Fees Michael Galligan Ref- Conformance Review for CDP 19-067 70433 393.00 Vendor Subtotal for Section 2:0000 393.00
Section 2:0000
101-0000-3421-00 Planning Review Fees Aviv Rubin Ref- OC 23-184 - 21484 Paseo Portola St 70359 397.00 Vendor Subtotal for Section 2:0000 397.00
Section 2:0000
101-0000-3425-00 CA Bldg Standards Surcharge Gayle Garcia Westmod Ref- BSS Fees 23-1257 & 23-1256 70434 1.00 Vendor Subtotal for Section 2:0000 1.00
Section 2:0000
101-0000-3427-00 Technology Enhancement Fee Gayle Garcia Westmod Ref- Tech Fees 23-1257 & 23-1256 70434 120.40 AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 19 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 120.40
Section 2:0000
101-0000-3435-00 Admin Permit Processing Fee Gayle Garcia Westmod Ref- Admin Fees 23-1257 & 23-1256 70434 107.50 Vendor Subtotal for Section 2:0000 107.50
Section 2:2001
101-2001-5100-00 Professional Services Civic Solutions, Inc Contract Planning Svcs - Aug '23 70419 2,898.75 Vendor Subtotal for Section 2:2001 2,898.75
Section 2:2001
101-2001-5100-00 Professional Services Joseph D Smith Planning Svcs - Aug '23 70338 19,309.00 Vendor Subtotal for Section 2:2001 19,309.00
Section 2:2001
101-2001-5100-00 Professional Services Allison Cook City Planning Svc - Aug '23 70423 9,337.50 Vendor Subtotal for Section 2:2001 9,337.50
Section 2:2001
101-2001-5100-00 Professional Services Cotton,Shires & Associates,Inc Planning Svcs - Aug '23 70425 1,017.50 Vendor Subtotal for Section 2:2001 1,017.50
Section 2:2001
101-2001-5100-00 Professional Services CSG Consultants, Inc. Planning Consultant Svcs - Jul '23 70340 45,320.00 Vendor Subtotal for Section 2:2001 45,320.00
Section 2:2001
101-2001-5100-00 Professional Services Lorrie Feinberg Database Updates - Planning - Aug '23 70440 3,246.25 Vendor Subtotal for Section 2:2001 3,246.25
Section 2:2001
101-2001-5100-00 Professional Services JLee Engineering, Inc. Contract Planner - Aug '23 70441 15,640.00 AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 20 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:2001 15,640.00
Section 2:2001
101-2001-5100-00 Professional Services Joyce Parker-Bozylinski General Planning Consulting Svcs - Jul to Aug '23 70455 13,050.00 Vendor Subtotal for Section 2:2001 13,050.00
Section 2:2001
101-2001-5100-01 Coastal Dev. Permit Services Courtney Jean McCammon Contract Biologist - Aug '23 70420 11,716.00 Vendor Subtotal for Section 2:2001 11,716.00
Section 2:2001
101-2001-5107-00 Contract Personnel OfficeTeam A Robert Half Company Temporary Staff- Planning Admin 8/4/23 70330 2,376.00 101-2001-5107-00 Contract Personnel OfficeTeam A Robert Half Company Temporary Staff- Planning Admin 8/11/23 70330 2,376.00 101-2001-5107-00 Contract Personnel OfficeTeam A Robert Half Company Temporary Staff- Planning Admin 8/18/23 70330 2,376.00 Vendor Subtotal for Section 2:2001 7,128.00
Section 2:2001
101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 7010 Birdview Ave - DMW 21-023 70471 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 30084 Harvester Rd - APRWF 21-021 70472 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 5927 Trancas Canyon Rd - DMW 23-003 70473 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 24752 Malibu Rd - APR 23-035 70474 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 22467 Pacific Coast Hwy - ACDP 22-01670475 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 33955 Pacific Coast Hwy - DMW 23-006 70476 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 20532 Little Rock Way - ACDP 21-014 70477 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 3380 Sweetwater Mesa RD - ACDP 20-067 70478 75.00 Vendor Subtotal for Section 2:2001 600.00
Section 2:2001
101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings - 6734 Zumirez Dr 70427 34.89 101-2001-5401-00 Advertising & Noticing CR PRINT LCPA MMHS CCC Meeting Mailing 70427 829.91 101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings - 28211 PCH 70427 295.78 Vendor Subtotal for Section 2:2001 1,160.58
AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 21 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount Section 2:2001
101-2001-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Planning 70370 61.56 Vendor Subtotal for Section 2:2001 61.56
Section 2:2004
101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc Coastal Reviews - Aug '23 70425 4,489.00 101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc Counter Hours - EH - Aug '23 70425 4,233.00 101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc Counter Hours Geo/Coastal - Aug '23 70425 18,361.25 101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc B&S Tasks - Aug '23 70425 8,140.00 Vendor Subtotal for Section 2:2004 35,223.25
Section 2:2004
101-2004-5100-00 Professional Services Lorrie Feinberg Database Updates - Building Safety - Aug '23 70440 4,448.75 Vendor Subtotal for Section 2:2004 4,448.75
Section 2:2004
101-2004-5100-00 Professional Services Kimley-Horn and Associates Inc Task 10/10.1: Dark Sky Analysis - Jul '23 70442 6,750.00 Vendor Subtotal for Section 2:2004 6,750.00
Section 2:2004
101-2004-5100-00 Professional Services True North Compliance Services, Inc. Plan Review - Aug '23 70467 44,357.75 101-2004-5100-00 Professional Services True North Compliance Services, Inc. Plan Review - In House - Aug '23 70467 760.00 Vendor Subtotal for Section 2:2004 45,117.75
Section 2:2004
101-2004-5107-00 Contract Personnel AppleOne Temporary Staff - Office Assistant 8/14/23 - 8/18/23 70332 1,447.60 101-2004-5107-00 Contract Personnel AppleOne Temporary Staff - Office Assistant 7/31/23 - 8/4/23 70332 1,447.60 101-2004-5107-00 Contract Personnel AppleOne Temporary Staff - Office Assistant 8/7/23 - 8/10/23 70332 1,158.08 101-2004-5107-00 Contract Personnel AppleOne Temporary Staff - Office Assistant 7/24/23 - 7/28/23 70332 1,447.60 Vendor Subtotal for Section 2:2004 5,500.88
Section 2:2004
AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 22 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount 101-2004-5300-00 Travel and Training Solishia Andico Reimb- Meals for 2023 California Adaptation Forum 70413 52.81 Vendor Subtotal for Section 2:2004 52.81
Section 2:2004
101-2004-5340-00 Transportation & Mileage Solishia Andico Reimb- Mileage to 2023 California Adaptation Forum 70413 72.18 Vendor Subtotal for Section 2:2004 72.18
Section 2:2004
101-2004-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Bldg Safety 70370 34.77 101-2004-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Bldg Safety 70370 28.86 101-2004-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Bldg Safety 70370 94.41 Vendor Subtotal for Section 2:2004 158.04
Section 2:2010
101-2010-5100-00 Professional Services Cotton,Shires & Associates,Inc EH Reviews - Aug '23 70425 32,492.75 Vendor Subtotal for Section 2:2010 32,492.75
Section 2:2010
101-2010-5100-00 Professional Services Lorrie Feinberg Database Updates - Waste Water (EH) - Aug '23 70440 1,657.50 Vendor Subtotal for Section 2:2010 1,657.50
Section 2:3003
101-3003-5100-00 Professional Services Lorrie Feinberg Database Updates - Clean Water (EP) - Aug '23 70440 1,202.50 Vendor Subtotal for Section 2:3003 1,202.50
Section 2:3003
101-3003-5100-02 CIMP Tetra Tech Inc CIMP Monitoring - Jul '23 70371 9,353.95 Vendor Subtotal for Section 2:3003 9,353.95
AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 23 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount Section 2:3003
101-3003-5330-00 Dues & Memberships California Stormwater Quality Assoc. CASQA Membership 70418 1,000.00 Vendor Subtotal for Section 2:3003 1,000.00
Section 2:3003
101-3003-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Environmental Sustainability 70370 35.48 Vendor Subtotal for Section 2:3003 35.48
Subtotal for Section 1: 101 279,318.62
Section 1: 102
Section 2:3002
102-3002-5100-00 Professional Services Lorrie Feinberg Database Updates - Woolsey Fire Database - Aug '2370440 390.00 Vendor Subtotal for Section 2:3002 390.00
Section 2:3002
102-3002-5100-01 Coastal Dev Permit Services Courtney Jean McCammon Woolsey Fire Contract Biologist - Aug '23 70420 4,810.00 Vendor Subtotal for Section 2:3002 4,810.00
Section 2:3002
102-3002-5100-03 Fire Rebuilds - ESD Cotton,Shires & Associates,Inc EH Reviews - Woolsey Fire - Aug '23 70425 10,537.00 102-3002-5100-03 Fire Rebuilds - ESD Cotton,Shires & Associates,Inc Geo Review - Woolsey Fire - Aug '23 70425 19,376.50 102-3002-5100-03 Fire Rebuilds - ESD Cotton,Shires & Associates,Inc Woolsey Fire - Counter Hours - Aug '23 70425 9,519.50 Vendor Subtotal for Section 2:3002 39,433.00
Section 2:3002
102-3002-5100-03 Fire Rebuilds - ESD True North Compliance Services, Inc. Woolsey Fire Rebuild Plan Reviews - Aug '23 70467 53,571.05 Vendor Subtotal for Section 2:3002 53,571.05
AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 24 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount Subtotal for Section 1: 102 98,204.05
Section 1: 103
Section 2:0000
103-0000-1017-00 2015 B2 Cash with Fiscal Agent US Bank N.A. Ref- COP 2015B Interest - City Hall 70376 92,325.00 103-0000-1017-00 2015 B2 Cash with Fiscal Agent US Bank N.A. Ref- COP 2015B Principal - City Hall 70376 135,000.00 Vendor Subtotal for Section 2:0000 227,325.00
Section 2:0000
103-0000-1018-00 Cash with Fiscal Agent US Bank N.A. COP 2016 Refund (2009B) Principal Expense 70470 85,000.00 103-0000-1018-00 Cash with Fiscal Agent US Bank N.A. COP 2016 Refund (2009A) Interest Expense 70470 285,925.00 103-0000-1018-00 Cash with Fiscal Agent US Bank N.A. COP 2016 Refund (2009B) Interest Expense 70470 3,825.00 103-0000-1018-00 Cash with Fiscal Agent US Bank N.A. COP 2016 Refund (2010D) Interest Expense 70470 2,375.00 103-0000-1018-00 Cash with Fiscal Agent US Bank N.A. COP 2016 Refund (2010D) Principal Expense 70470 50,000.00 103-0000-1018-00 Cash with Fiscal Agent US Bank N.A. COP 2016 Refund (2009A) Principal Expense 70470 480,000.00 Vendor Subtotal for Section 2:0000 907,125.00
Section 2:9050
103-9050-5100-00 Professional Services Ultimate Maintenance Services Inc Extra Cleaning at City Hall - Carpet Steam 8/13/23 70373 6,500.00 103-9050-5100-00 Professional Services Ultimate Maintenance Services Inc City Hall Janitorial Svcs - Sep '23 70468 4,350.00 Vendor Subtotal for Section 2:9050 10,850.00
Section 2:9050
103-9050-5610-00 Facilities Maintenance Pacific Coast Elevator Corp. City Hall - Elevator Svc Call 70411 200.00 Vendor Subtotal for Section 2:9050 200.00
Section 2:9050
103-9050-5610-00 Facilities Maintenance Burns Pacific Construction Inc City Hall Parking Lot Striping - Jul '23 70416 10,101.60 Vendor Subtotal for Section 2:9050 10,101.60
Section 2:9050
103-9050-5610-00 Facilities Maintenance Landscape Development, Inc. City Hall Landscape Maint - Sep '23 70429 1,393.26 103-9050-5610-00 Facilities Maintenance Landscape Development, Inc. City Hall - Parking Lot Plant Installation 70429 2,723.00 AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 25 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:9050 4,116.26
Section 2:9050
103-9050-5610-00 Facilities Maintenance G.I. Industries Garbage - City Hall Green Waste - Sept '23 70346 54.23 Vendor Subtotal for Section 2:9050 54.23
Section 2:9050
103-9050-5610-00 Facilities Maintenance W.W. Grainger,Inc City Hall - Speed Square 70436 20.37 Vendor Subtotal for Section 2:9050 20.37
Section 2:9050
103-9050-5610-00 Facilities Maintenance HD Supply Facilties Maintenance, Ltd City Hall - Janitorial Supplies 70439 434.41 Vendor Subtotal for Section 2:9050 434.41
Section 2:9050
103-9050-5610-00 Facilities Maintenance Master Cooling Corporation HVAC Repair AC-2.10 70447 863.65 Vendor Subtotal for Section 2:9050 863.65
Section 2:9050
103-9050-5610-00 Facilities Maintenance Montgomery Hardware Co. City Hall - Control Key 70450 32.50 Vendor Subtotal for Section 2:9050 32.50
Section 2:9050
103-9050-5610-00 Facilities Maintenance Mosser Plumbing & Heating Inc City Hall - Plumbing 8/30/23 70362 302.50 Vendor Subtotal for Section 2:9050 302.50
Section 2:9050
103-9050-5721-00 Telephone Frontier California Inc Phone - City Hall Septic, Irrigation, Fire, Elevator - Sep '23 70432 398.75 Vendor Subtotal for Section 2:9050 398.75
Section 2:9050
103-9050-5722-00 Electricity Southern California Edison Company City Hall - Jul/Aug '23 70367 12,780.95 AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 26 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:9050 12,780.95
Section 2:9050
103-9050-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - City Hall 7/6/23 - 9/6/23 Acct#29153093 70445 1,367.33 103-9050-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - City Hall Fire Line 7/6/23 - 9/6/23 Acct#29153012 70445 449.20 Vendor Subtotal for Section 2:9050 1,816.53
Section 2:9050
103-9050-7300-00 Leasehold Improvements Wink Roberts Lower Roof Painting 70360 10,548.02 Vendor Subtotal for Section 2:9050 10,548.02
Subtotal for Section 1: 103 1,186,969.77
Section 1: 104
Section 2:0000
104-0000-1018-00 Cash with fiscal agent US Bank N.A. COP 2016 Trancas Property Acquisition - Interest Expense 70470 187,475.00 104-0000-1018-00 Cash with fiscal agent US Bank N.A. COP 2016 Trancas Property Acquisition - Principal Expense 70470 220,000.00 Vendor Subtotal for Section 2:0000 407,475.00
Subtotal for Section 1: 104 407,475.00
Section 1: 105
Section 2:0000
105-0000-1015-00 Cash with Fiscal Agent US Bank N.A. COP 2018A - Acct#239203003 - Principal (Vacant Land) 70470 90,000.00 105-0000-1015-00 Cash with Fiscal Agent US Bank N.A. COP 2018A - Acct#239203003 - Interest (Vacant Land) 70470 501,312.50 Vendor Subtotal for Section 2:0000 591,312.50
Subtotal for Section 1: 105 591,312.50
AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 27 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount Section 1: 203
Section 2:3009
203-3009-5148-00 Special Event Rec Transit Fast Deer Bus Charter Inc. Sr Excursion - Long Beach Aquarium 8/29/23 70430 2,012.50 Vendor Subtotal for Section 2:3009 2,012.50
Subtotal for Section 1: 203 2,012.50
Section 1: 207
Section 2:3004
207-3004-5100-00 Professional Services Solid Waste Solutions, Inc. Solid Waste Consultant - Aug '23 70463 2,208.00 Vendor Subtotal for Section 2:3004 2,208.00
Section 2:3004
207-3004-5850-00 Recycling supplies 13 Stars Ad- Organic Recycling 8/10/23 70408 268.00 Vendor Subtotal for Section 2:3004 268.00
Section 2:3004
207-3004-5850-00 Recycling supplies Solid Waste Solutions, Inc. SB 1383 Outreach - Aug '23 70463 49.75 Vendor Subtotal for Section 2:3004 49.75
Section 2:3004
207-3004-6160-00 Operating Supplies Andy Gump, Inc. Enviro Event Toilet 8/18/23 - 8/21/23 70331 106.22 Vendor Subtotal for Section 2:3004 106.22
Subtotal for Section 1: 207 2,631.97
Section 1: 215
Section 2:7070
215-7070-7800-00 Other Equipment Williams Scotsman Inc Temporary Office Trailer - 8/28/23 - 9/27/23 70379 1,520.49 AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 28 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7070 1,520.49
Subtotal for Section 1: 215 1,520.49
Section 1: 290
Section 2:6002
290-6002-5722-00 Electricity Southern California Edison Company Asmt Dist Big Rock - Jul/Aug '23 70367 2,939.40 290-6002-5722-00 Electricity Southern California Edison Company Big Rock Inland Pump - Jul/Aug '23 70367 108.97 Vendor Subtotal for Section 2:6002 3,048.37
Subtotal for Section 1: 290 3,048.37
Section 1: 291
Section 2:6003
291-6003-5722-00 Electricity Southern California Edison Company Asmt dst Malibu Rd - Jul/Aug '23 70367 89.31 Vendor Subtotal for Section 2:6003 89.31
Subtotal for Section 1: 291 89.31
Section 1: 292
Section 2:6004
292-6004-5722-00 Electricity Southern California Edison Company Calle Del Barco - Jul/Aug '23 70367 15.44 292-6004-5722-00 Electricity Southern California Edison Company Asmt Dist Rambla-Calle - Jul/Aug '23 70367 19.87 292-6004-5722-00 Electricity Southern California Edison Company Asmt Dist Calle Del - Jul/Aug '23 70367 23.12 Vendor Subtotal for Section 2:6004 58.43
Subtotal for Section 1: 292 58.43
Section 1: 310
Section 2:9097
AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 29 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount 310-9097-5100-00 Bluffs Park South Walkway Kimley-Horn and Associates Inc Task 11: Bluffs Park Walkway - Jul '23 70442 1,600.00 Vendor Subtotal for Section 2:9097 1,600.00
Subtotal for Section 1: 310 1,600.00
Section 1: 500
Section 2:0000
500-0000-1015-00 Cash with Fiscal Agent US Bank N.A. Ref- COP 2015B Interest - Legacy Park 70376 91,125.00 500-0000-1015-00 Cash with Fiscal Agent US Bank N.A. COP 2015-A Principal - Legacy Park 70375 650,000.00 500-0000-1015-00 Cash with Fiscal Agent US Bank N.A. COP 2015-A Interest - Legacy Park 70375 132,312.50 500-0000-1015-00 Cash with Fiscal Agent US Bank N.A. COP 2015-A COH - Legacy Park 70375 -426.85 500-0000-1015-00 Cash with Fiscal Agent US Bank N.A. Ref- COP 2015B Principal - Legacy Park 70376 5,000.00 Vendor Subtotal for Section 2:0000 878,010.65
Section 2:7008
500-7008-5100-00 Professional Services Landscape Development, Inc. Legacy Park Landscape Maint/Liners Jul '23 (Inv105965 is 70342 Aug'23) 17,055.29 500-7008-5100-00 Professional Services Landscape Development, Inc. Legacy Park Landscape Maint/Liners - Sep '23 70429 17,055.29 Vendor Subtotal for Section 2:7008 34,110.58
Section 2:7008
500-7008-5100-00 Professional Services MLA Green, Inc. Legacy Park Rehabilitation Proj - Jul '23 70361 5,408.50 Vendor Subtotal for Section 2:7008 5,408.50
Section 2:7008
500-7008-5130-00 Park Maintenance G.I. Industries Garbage - loki Lot - Sep '23 70346 219.24 Vendor Subtotal for Section 2:7008 219.24
Section 2:7008
500-7008-5610-00 Facility Maintenance G.I. Industries Garbage - Supercare Pharmacy - Sep '23 and Overage 70346 880.12 Vendor Subtotal for Section 2:7008 880.12
AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 30 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount Section 2:7008
500-7008-5722-00 Electricity Southern California Edison Company Legacy Park Lift Station - Jul/Aug '23 70367 1,350.75 500-7008-5722-00 Electricity Southern California Edison Company 23661 PCH - Jul/Aug '23 70367 1,240.40 Vendor Subtotal for Section 2:7008 2,591.15
Section 2:7008
500-7008-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Legacy Park 7/6/23 - 9/6/23 Acct#29648063 70355 196.08 500-7008-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Supercare Pharmacy 7/6/23 - 9/6/23 Acct#29152982 70355 209.44 Vendor Subtotal for Section 2:7008 405.52
Subtotal for Section 1: 500 921,625.76
Section 1: 515
Section 2:3010
515-3010-5611-00 WWTF Maintenance Integrated Performance Consultants Inc Operation, Maint, and Mgmt - CCWWTF - Jul '23 70353 96,338.25 Vendor Subtotal for Section 2:3010 96,338.25
Section 2:3010
515-3010-5640-00 Equipment Maintenance Integrated Performance Consultants Inc Equipment Maint - CCWWTF - Jul '23 70353 403.25 Vendor Subtotal for Section 2:3010 403.25
Section 2:3010
515-3010-5722-00 Electricity Southern California Edison Company CCWWTF - Jul/Aug '23 70367 12,009.12 515-3010-5722-00 Electricity Southern California Edison Company Injection Wells/CCWWTF - Jul/Aug '23 70367 355.88 Vendor Subtotal for Section 2:3010 12,365.00
Section 2:3010
515-3010-5725-01 Biosolids Disposal Integrated Performance Consultants Inc Biosolids Disposal - CCWWTF - Jul '23 70353 6,300.00 AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 31 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:3010 6,300.00
Section 2:3010
515-3010-6160-00 Operating Supplies Integrated Performance Consultants Inc Operating Supplies - CCWWTF - Jul '23 70353 213.56 Vendor Subtotal for Section 2:3010 213.56
Subtotal for Section 1: 515 115,620.06
Section 1: 601
Section 2:3005
601-3005-5722-00 Electricity Southern California Edison Company Electric Car Charger - Jul/Aug '23 70367 690.01 Vendor Subtotal for Section 2:3005 690.01
Section 2:3005
601-3005-6330-00 Vehicle Repair & Maintenance Reagan Hom Fleet Maint/Repair - Emergency Lights for F031 70350 225.00 Vendor Subtotal for Section 2:3005 225.00
Section 2:3005
601-3005-6330-00 Vehicle Repair & Maintenance Vasudevan Naicker Car Wash City Vehicles 9/7/23 70363 140.00 601-3005-6330-00 Vehicle Repair & Maintenance Vasudevan Naicker Car Wash City Vehicles 9/14/23 70452 140.00 Vendor Subtotal for Section 2:3005 280.00
Subtotal for Section 1: 601 1,195.01
Section 1: 602
Section 2:7060
602-7060-5300-00 Travel and Training Ian Relecker FY22-23 Tuition Reimbursement CompTIA Security 70364 352.80 Vendor Subtotal for Section 2:7060 352.80
AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 32 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount Section 2:7060
602-7060-5721-00 Telephone Frontier California Inc City Hall Internet 8/28/23 - 9/27/23 70345 440.98 602-7060-5721-00 Telephone Frontier California Inc Phone - City Hall Fac Internet - Sep '23 70432 852.28 Vendor Subtotal for Section 2:7060 1,293.26
Section 2:7060
602-7060-5721-00 Telephone Charter Communications Holdings, LLC City Hall Internet - 9/1/23 - 9/30/23 70369 209.98 Vendor Subtotal for Section 2:7060 209.98
Section 2:7060
602-7060-6120-00 Computer Software Bluebeam Inc Core Software for PL, ESD, and PW 70415 12,000.00 Vendor Subtotal for Section 2:7060 12,000.00
Section 2:7060
602-7060-7500-00 Computer Software > $1,000 Environmental Systems Research Institute, IncGIS Annual Software and Maint 3rd/Final Year 7/30/23 - 7/29/23 70343 15,000.00 Vendor Subtotal for Section 2:7060 15,000.00
Subtotal for Section 1: 602 28,856.04
Section 1: 710
Section 2:0000
710-0000-2270-33 Insurance Claims NATA Construction Inc Bleacher Replacement / Installation at Bluffs Park 70334 14,503.50 Vendor Subtotal for Section 2:0000 14,503.50
Section 2:0000
710-0000-2270-44 Library Event Luis Gomez Audio Tech for MLSS 10/18/23 David Quammen 70347 350.00 Vendor Subtotal for Section 2:0000 350.00
AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 33 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount Subtotal for Section 1: 710 14,853.50
Section 1: 900
Section 2:0000
900-0000-2041-00 PARS U.S. Bank PR Batch 70014.09.2023 PARS - EE Share 70385 1,041.59 900-0000-2041-00 PARS U.S. Bank PR Batch 70014.09.2023 PARS - ER Share 70385 218.40 Vendor Subtotal for Section 2:0000 1,259.99
Section 2:0000
900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70014.09.2023 ER Contribution to ICMA 70382 3,000.00 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70014.09.2023 ICMA Def Comp - % of Salary 70382 1,350.90 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70012.09.2023 ER Contribution to ICMA 70382 50.00 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70012.09.2023 ICMA Def Comp - Flat Amount 70382 50.00 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70014.09.2023 ICMA Def Comp - Flat Amount 70382 11,805.39 Vendor Subtotal for Section 2:0000 16,256.29
Section 2:0000
900-0000-2042-01 ICMA Loan Program ICMA-MissionSquare Retirement - 303615 PR Batch 70014.09.2023 ICMA Loan Program 70382 1,025.83 Vendor Subtotal for Section 2:0000 1,025.83
Section 2:0000
900-0000-2043-00 Deferred Compensation 401 ICMA-MissionSquare Retirement - 108658 PR Batch 70014.09.2023 ICMA - City Manager 70383 600.00 Vendor Subtotal for Section 2:0000 600.00
Section 2:0000
900-0000-2043-00 Deferred Compensation 401 ICMA-MissionSquare Retirement - 108650 PR Batch 70014.09.2023 ICMA - Dept Heads 70384 1,000.00 Vendor Subtotal for Section 2:0000 1,000.00
Section 2:0000
900-0000-2065-00 Miscellaneous Withholdings California State Disbursement Unit PR Batch 70014.09.2023 Income Withholding Order-Calif 70381 339.69 AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 34 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 339.69
Subtotal for Section 1: 900 20,481.80
Report Total: 4,119,349.14
AP-Transactions by Account (09/27/2023 - 10:05 AM) Page 35 DocuSign Envelope ID: 975301EC-5DB0-4CCD-B26E-49248848731E

Agenda Item # 3.B.3.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Steve McClary, City Manager
Date prepared: September 26, 2023 Meeting date: October 9, 2023 Subject: Approval of Minutes
RECOMMENDED ACTION: Approve the minutes for the December 28, 2022 Malibu City Council Special meeting, and January 9, 2023 Malibu City Council Regular meeting.

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 is part of normal staff operations.

DISCUSSION: Staff has prepared draft minutes for the Council meetings of December 28, 2022, and January 9, 2023.

ATTACHMENTS:

December 28, 2022 Special meeting
January 9, 2023 Regular meeting
City Council Meeting
10-09-23
Item

3.B.3.

MINUTES

MALIBU CITY COUNCIL

SPECIAL MEETING
DECEMBER 28, 2022

TELECONFERENCED - VARIOUS LOCATIONS
9:00 A.M.

The following meeting was held pursuant to AB 361 and fully teleconferenced from various locations during the coronavirus disease (COVID-19) pandemic.

MEETING CALL TO ORDER
Mayor Silverstein called the meeting to order at 9:01 a.m.

ROLL CALL
The following persons were recorded in attendance via teleconference by the Recording Secretary:

PRESENT: Mayor Bruce Silverstein; Mayor Pro Tem Steve Uhring; and Councilmembers Paul Grisanti, Marianne Riggins, and Doug Stewart

PUBLIC COMMENT ON CLOSED SESSION
Interim City Attorney Rusin stated the correct name of the negotiating parties to be EQ Properties Holdings LLLP.

Speakers: Thomas Moore and DJ Moore

RECESS TO CLOSED SESSION
At 9:12 a.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

1. Properties: APN 4453-005-013
APN 4453-005-018
APN 4453-005-111
APN 4453-005-114
APN 4453-005-117
APN 4453-005-118
APN 4459-004-001
APN 4459-004-004
APN 4459-005-003
APN 4459-005-013
APN 4459-005-001
Agency Negotiator: Interim City Attorney Trevor Rusin
Negotiating Parties: Equity Holdings LLLP
Under Negotiation: Price and terms of payment
Attachment 1
Malibu City Council
Minutes of December 28, 2022

_________________________

REGULAR SESSION CALL TO ORDER
Mayor Silverstein called the meeting to order at 9:49 a.m.

ROLL CALL
The following persons were recorded in attendance via teleconference by the Recording Secretary:

PRESENT: Mayor Bruce Silverstein; Mayor Pro Tem Steve Uhring; and Councilmembers Paul Grisanti, Marianne Riggins, and Doug Stewart
ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; and Kelsey Pettijohn, City Clerk

PLEDGE OF ALLEGIANCE
Councilmember Riggins led the Pledge of Allegiance.

CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 9:00 a.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Section 54956.8, with all Councilmembers present. He stated that the Council discussed the item listed on the Closed Session agenda took no reportable action.

REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on December 23, 2022.

APPROVAL OF AGENDA
MOTION Mayor Pro Tem Uhring moved, and Councilmember Grisanti seconded a motion to approve the agenda. The question was called, and the motion carried unanimously.

ITEM 1 OLD BUSINESS
A. Potential Sale of Properties Known as Sweetwater Mesa – Carbon Canyon Connector, Latigo Canyon – Pacific Coast Highway Connector, and Latigo – Solstice Canyons Connector Commonly Referred to as the Edge Properties Recommended Action: 1) Consider options to address the potential sale of properties known as Sweetwater Mesa – Carbon Canyon Connector, Latigo Canyon – Pacific Coast Highway Connector, and Latigo – Solstice Canyons Connector commonly referred to as the Edge Properties including requesting a recommendation from the Parks and Recreation Commission or forming a new Ad Hoc committee of the City Council; and 2) Provide direction to staff.

Malibu City Council
Minutes of December 28, 2022

_________________________
Interim City Attorney Rusin presented the staff report.

Mayor Silverstein opened the floor to public comment.

Speakers: Thomas Moore and DJ Moore
As there were no other speakers present, Mayor Silverstein returned the matter to the table for discussion.

MOTION Mayor Pro Tem Uhring moved, and Councilmember Riggins seconded a motion to establish an Ad Hoc Committee to explore options related to the Edge Properties and report back to the Council.

FRENDLY AMENDMENT
Councilmember Riggins moved to poll members of the City Council to gauge interest in serving on the Ad Hoc Committee.

The amendment was accepted by the maker and the seconder of the motion.

The Council discussed the amended motion.

FRIENDLY AMENDMENT
Mayor Silverstein moved to designate Councilmembers Riggins and Stewart as members of the Ad Hoc Committee.

The amendment was accepted by the maker and the seconder of the motion.

FRIENDLY AMENDMENT
Mayor Pro Tem Uhring moved to direct the City Manager to pursue any potential funding sources to support the options explored by the Edge Properties Ad Hoc Committee.

The amendment was accepted by the seconder of the motion.

The Council discussed the item and directed questions to staff.

The question was called, and the amended motion carried unanimously.

ADJOURNMENT
At 10:01 a.m., Mayor Silverstein adjourned the meeting.

Approved and adopted by the City Council of the
City of Malibu on __________.

Malibu City Council
Minutes of December 28, 2022

_________________________
_________________________________
STEVE UHRING, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)

MINUTES

MALIBU CITY COUNCIL

REGULAR MEETING
JANUARY 23, 2023

TELECONFERENCED - VARIOUS LOCATIONS
6:30 P.M.

The following meeting was held pursuant to AB 361 and fully teleconferenced from various locations during the coronavirus disease (COVID-19) pandemic.

MEETING CALL TO ORDER
Mayor Silverstein called the meeting to order at 6:30 p.m.

ROLL CALL
The following persons were recorded in attendance via teleconference by the Recording Secretary:

PRESENT: Mayor Bruce Silverstein; Mayor Pro Tem Steve Uhring; and Councilmembers Paul Grisanti, Marianne Riggins, and Doug Stewart
ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Kelsey Pettijohn, City Clerk; Kristin Riesgo, Acting Community Services Director; Yolanda Bundy, Environmental Sustainability Director; Richard Mollica, Planning Director; Susan Dueñas, Public Safety Director; Rob DuBoux, Public Works Director; T’Ana Christiansen, Deputy City Clerk; and Joyce Parker-Bozylinski, Contract Planner

PLEDGE OF ALLEGIANCE
Councilmember Grisanti led the Pledge of Allegiance.

REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on December 29, 2022, with the amended agenda posted on January 5, 2023.

APPROVAL OF AGENDA
MOTION Mayor Pro Tem Uhring moved, and Councilmember Grisanti seconded a motion to approve the agenda with Item No. 7.D. removed from the agenda. The question was called, and the motion failed 2-3, Councilmembers Riggins and Stewart and Mayor Pro Tem Uhring opposed.

MOTION Mayor Pro Tem Uhring moved, and Councilmember Riggins seconded a motion to approve the agenda. The question was called, and the motion carried unanimously.

Attachment 2
Malibu City Council
Minutes of January 9, 2023

_________________________
ITEM 1 CEREMONIAL/PRESENTATIONS
None.

ITEM 2.A. PUBLIC COMMENTS
Bill Sampson inquired on the status of the Pacaso shared homeownership ordinance that former City Attorney John Cotti had worked on. He inquired who he should contact about compliance issues that pertained to the Dark Sky Ordinance since violations occurred after business hours. He stated that he called the City’s hotline regarding a view preservation question and there was a recording that indicated the voicemail box was full.

Scott Dittrich stated that Sarah Kaplan was leaving the City’s employment as Emergency Services Coordinator and thanked her for service to the City and the Community Emergency Response Team (CERT).

James Devitt commented on correspondence he sent to the Council on the Malibu Health Center. He requested that a state of emergency be declared in Malibu and motel accommodations, meals, and transportation provided to unhoused individuals and suggested that the vacant Malibu Court House be utilized for homelessness and job services.

ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES City Manager McClary wished everyone a happy new year. He stated that the hourly minimum wage in Malibu would be increased on July 1, 2023 to $16.90. He stated that the Transactions and Use Tax measure that was approved on the November 2022 ballot would be effective April 1, 2023. He stated that there were only minor impacts from the recent storm and cautioned drivers to be careful on the roadways. He stated that the farmers’ market moved to Legacy Park without issue.

He provided an update on Los Angeles County’s COVID-19 report and stated the seven-day average dropped to 2169 on January 8, 2023 from 3821 cases on December 8, 2022. He stated the seven-day positivity rate was 14.1 percent and that masks were recommended to be worn but not required. He reported that on the previous Friday he, Assistant City Manager Toney, and Councilmember Stewart met with City Treasurer Ruth Quinto and discussed the City’s cash management and investment policy. He stated there would be an item on the Council’s agenda in February for discussion of Pacaso shared homeownership policies.

Planning Director Mollica provided an update on the Malibu High School Local Coastal Program Amendment and stated that the City resubmitted the requested information to the California Coastal Commission (CCC) in December 2022. He stated that additional information was requested by the CCC and that the City was working with the Santa Monica-Malibu Unified School District to provide the information. He stated that the City would request a meeting with the CCC to better understand their position on the proposed amendments.

Malibu City Council
Minutes of January 9, 2023

_________________________
Lieutenant Dustin Carr, Los Angeles County Sheriff Department, reported there were minor rockslides on Malibu Canyon Road and Kanan Dume Road and encouraged the public to be careful in those areas. He stated that there were ten motorhomes parked on Pacific Coast Highway (PCH) and that there was enforcement there and on Westward Beach Road. He stated that contact was made to provide information on the rules so they could be complied with for the enjoyment of the beach by everyone. He stated 147 parking citations were issued, and 22 of those were for oversized vehicles. He acknowledged that campers at Surfrider Beach affected the local businesses and would be addressed by the host team. He provided an overview of 2022 crime statistics, that indicated crimes against persons were down almost 11 percent, robberies down 40 percent, and auto theft down 52 percent. He stated burglaries increased, many in vacation homes and homes undergoing construction, and that people were taken into custody in of some of those incidents. He stated that burglaries during the month of December 2022 were down significantly. He stated that there was a significant reduction in fatal traffic collisions on PCH during 2022, down to 5 from 9 the previous year. He stated most accidents were caused by speeding and unsafe turns. In response to Councilmember Grisanti, who stated he heard on the radio that there were citations issued on New Years’ Eve after a street takeover on Topanga and PCH which then moved to Malibu Country Mart, Lieutenant Carr stated said he did not have any statistics on that incident, but that if people were speeding, they would have been cited.

ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Grisanti stated that he had nothing to report other than his attendance at a Chamber of Commerce event and other holiday celebrations.

Councilmember Rigginsstated she enjoyed a quiet month as a Councilmember over the holidays. She thanked Sarah Kaplan for her service and City staff on their response to the storm.

In response to Councilmember Riggins, Public Works Director DuBoux stated that Caltrans was contacted regarding the potholes on PCH and that sites near Point Dume where water pooled near the speed humps would be visited the following day and assessed.

CONSENSUS
By consensus, the Council directed staff to bring back an item to consider authorizing hiring a grant writer.

Councilmember Stewart stated that he attended the January Chamber of Commerce business roundtable. He stated that he attended a meeting with residents who were interested in providing input to the Mountains Recreation and Conservation Authority (MRCA) about its camping proposal. He stated that he attended a meeting of residents who were interested in having the City pursue its own open Malibu City Council
Minutes of January 9, 2023

_________________________
space program. He stated that he attended the meeting with City staff regarding the City’s cash management and investment policy and that as a banker he felt that it was well written. He thanked Sarah Kaplan for her service to the City and her work with the CERT and wished her the best. He stated that his thoughts were with the residents of Ventura and Santa Barbara Counties because they had a tough time with the impact of the storms.

Mayor Pro Tem Uhring wished everyone a happy new year. He stated that the relocation of the farmers’ market to Legacy Park worked well and he encouraged the public to visit the market. He stated that the license plate readers were installed at five different locations and thanked Public Safety Director Dueñas, the Public Safety Commission, and the Sheriff Department. He stated that he met with City staff regarding the enforcement of the Dark Sky Ordinance and that City would be compliant by the end of the month. He commended the Volunteers on Patrol for their work over the holidays. He commended City Manager McClary and City staff on their preparations for the storm. He commented on the recent Chamber of Commerce roundtable and stated that there were four City Councilmembers in attendance.

In response to Mayor Pro Tem Uhring and Mayor Silverstein, Interim City Attorney Rusin stated that his understanding was that the presence of three or more Councilmembers at the roundtable meeting did not violate the Brown Act provided they observed and did not contribute to the meeting. He stated a quorum of Councilmembers with discussion of matters within the jurisdiction of the Council was not allowed at any meeting that was not posted as a public meeting of the City Council.

Mayor Silverstein stated that he attended a meet and greet event for Sheriff Robert Luna. He stated that he attended a menorah lighting ceremony at a local synagogue.

In response to public speaker Mr. Devitt, he stated that the City did have a homelessness task force and they had examined various alternatives and that the former courthouse was not City property, it belonged to the County, and it was not zoned for a homeless shelter. He stated that beds outside of Malibu for homeless individuals were being found and that there were steps taken to assist homeless individuals. He stated that he was glad a discussion item on the Pacaso shared homeownership issue was upcoming. He commended the City’s preparation and response to the storm.

ITEM 3 CONSENT CALENDAR
Item Nos. 3.B.3., 3.B.5., and 3.B.7. were pulled by the Council.

MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to approve the Consent Calendar, pulling Item Nos. 3.B.3., 3.B.5., and 3.B.7. The question was called, and the motion carried unanimously.

The Consent Calendar consisted of the following items:

Malibu City Council
Minutes of January 9, 2023

_________________________
A. Previously Discussed Items

1. Second Reading and Adoption of Ordinance No. 506
Recommended Action: Conduct second reading, unless waived, and adopt Ordinance No. 506 amending Chapter 15.36 of Title 15 of the Malibu Municipal Code to include time periods to the electric vehicle charging station permitting process, and determining the project is categorically exempt from the California Environmental Quality Act
B. New Items

1. Waive Further Reading
Recommended Action: After the City Attorney has read the title, waive full reading of ordinances considered on this agenda for introduction on first reading and/or second reading and adoption.

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 67723-68030 listed on the register from the General Fund and direct the City Manager to pay out the funds to each of the claimants listed in Warrant Register No. 716 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $2,874,255.53. City of Malibu payroll check

4. Findings to Hold Virtual City Council, Commission, Committee, Board and Other City Bodies, Meetings Under AB 361
Recommended Action: Consider a motion to reaffirm Resolution No. 21- 64, re-authorizing remote teleconferencing/virtual meetings pursuant to AB 361.

6. Acceptance of Malibu Bluffs Park Shade Structure Project Recommended Action: 1) Accept the work performed by Western State Builders, Inc. for the Malibu Bluffs Park Shade Structure Project, Specification No. 2093 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.

The following items were pulled from the consent calendar for individual consideration:

3. Termination of the State of a Local Emergency
Recommended Action: Adopt Resolution No. 23-01 terminating the state of local emergency declared as a result of the risk of fires associated with individuals living unhoused and otherwise engaged in unpermitted and unregulated camping.

Mayor Silverstein discussed the item and directed questions to staff.

Mayor Silverstein opened the floor to public comment. As there were no speakers present, Mayor Silverstein returned the matter to the table for discussion.

The Council discussed the item and directed questions to staff.

Malibu City Council
Minutes of January 9, 2023

_________________________
MOTION Councilmember Stewart moved, and Councilmember Grisanti seconded a motion to adopt Resolution No. 23-01, terminating the state of local emergency declared as a result of the risk of fires associated with individuals living unhoused and otherwise engaged in unpermitted and unregulated camping. The question was called, and the motion carried 4-1, Mayor Silverstein opposed.

5. Encinal Canyon Road Drainage Repair Project
Recommended Action: 1) Authorize the Mayor to execute a construction contract with GMZ Engineering, Inc in the amount of $314,851 for the Encinal Canyon Road Drainage Repair Project Specification No. 2098; and 2) Authorize the Public Works Director to approve potential change orders up to 15% of the contract.

Mayor Silverstein opened the floor to public comment. As there were no speakers present, Mayor Silverstein returned the matter to the table for discussion.

The Council discussed the item and directed questions to staff.

MOTION Councilmember Riggins moved, and Mayor Pro Tem Uhring seconded a motion to: 1) authorize the Mayor to execute a construction contract with GMZ Engineering, Inc in the amount of $314,851 for the Encinal Canyon Road Drainage Repair Project Specification No. 2098; and 2) authorize the Public Works Director to approve potential change orders up to 15% of the contract. The question was called, and the motion carried unanimously.

7. Acceptance of Point Dume Walkway Repairs Project
Recommended Action: 1) Accept the work performed by JTEC Corporation, Inc. for the Point Dume Walkway Repairs Project, Specification No. 2094 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.

Mayor Silverstein opened the floor to public comment. As there were no speakers present, Mayor Silverstein returned the matter to the table for discussion.

The Council discussed the item and directed questions to staff.

MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to: 1) accept the work performed by JTEC Corporation, Inc. for the Point Dume Walkway Repairs Project, Specification No. 2094 as complete; and 2) authorize the Public Works Director to submit for recordation a Notice of Completion. The question was called, and the motion carried unanimously.

ITEM 4 ORDINANCES AND PUBLIC HEARINGS
Malibu City Council
Minutes of January 9, 2023

_________________________
A. Adoption of Ordinance No. 503 - California Building Standards Code Recommended Action: 1) Conduct the Public Hearing; and 2) Conduct the second reading, unless waived, and adopt Ordinance No. 503, adopting by reference Title 26 of the Los Angeles County Code, incorporating the California Building Code, 2022 Edition; Title 27 of the Los Angeles County Code, incorporating the California Electrical Code, 2022 Edition; Title 28 of the Los Angeles County Code, incorporating the California Plumbing Code, 2022 Edition; Title 29 of the Los Angeles County Code, incorporating the California Mechanical Code, 2022 Edition; Title 30 of the Los Angeles County Code, incorporating the California Residential Code, 2022 Edition; Title 31 of the Los Angeles County Code, incorporating the California Green Building Standards Code, 2022 edition; the California Energy Code, 2022 Edition; Title 33 of the Los Angeles County Code, incorporating the California Existing Building Code, 2022 Edition; the California Fire Code, 2022 Edition; making amendments to said codes; repealing Ordinance No. 457, and finding the action exempt from the California Environmental Quality Act.

Environmental Services Director Bundy presented the staff report.

Mayor Silverstein opened the floor to public comment. As there were no speakers present, Mayor Silverstein returned the matter to the table for discussion.

MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to adopt Ordinance No. 503, adopting by reference Title 26 of the Los Angeles County Code, incorporating the California Building Code, 2022 Edition; Title 27 of the Los Angeles County Code, incorporating the California Electrical Code, 2022 Edition; Title 28 of the Los Angeles County Code, incorporating the California Plumbing Code, 2022 Edition; Title 29 of the Los Angeles County Code, incorporating the California Mechanical Code, 2022 Edition; Title 30 of the Los Angeles County Code, incorporating the California Residential Code, 2022 Edition; Title 31 of the Los Angeles County Code, incorporating the California Green Building Standards Code, 2022 edition; the California Energy Code, 2022 Edition; Title 33 of the Los Angeles County Code, incorporating the California Existing Building Code, 2022 Edition; the California Fire Code, 2022 Edition; making amendments to said codes; repealing Ordinance No. 457, and finding the action exempt from the California Environmental Quality Act.

The Council discussed the motion.

The question was called, and the motion carried unanimously.

ITEM 5 OLD BUSINESS
A. Hosted Short-Term Rental Ordinance Discussion
Malibu City Council
Minutes of January 9, 2023

_________________________
Recommended Action: Provide direction to staff on the next steps regarding the City’s Short-term Rental Ordinance including the public hearing process, draft ordinance options, and if City staff should meet with California Coastal Commission staff to discuss the Short-term Rental Ordinance Planning Director Mollica introduced Contract Planner Joyce Parker-Boylinski who presented the staff report.

Mayor Silverstein opened the floor to public comment.

Speakers: Jo Drummond, Colin Drummond, Cynthia Martin, Bill Sampson, Don Schmitz, Steve Kinsey, Andrew Gombiner, Jonah Breslau, Allison Kirste, Scott Dittrich, and John Mazza
Nancy Hannah was not present at the time of hearing.

As there were no other speakers present, Mayor Silverstein returned the matter to the table for discussion.

The Council discussed the item and directed questions to staff.

MOTION Mayor Silverstein moved, and Councilmember Stewart seconded a motion to establish the Short-Term Rental Ad Hoc Committee and directed the Ad Hoc Committee to work with staff to bring back a recommendation to the City Council regarding short term rental regulation in the City, which will address any feedback received from Coastal Commission staff and/or Coastal Commissioners.

The Council discussed the motion.

The question was called, and the motion carried 3-2, Councilmembers Grisanti and Riggins opposed.

MOTION Mayor Pro Tem Uhring moved, and Councilmember Grisanti seconded a motion to continue the determination of who would serve on the Short-Term Rental Ad Hoc Committee to be heard concurrently with Item No. 7.B. The question was called, and the motion carried unanimously.

RECESS At 8:42 p.m., Mayor Silverstein recessed the meeting. The meeting resumed at 8:52 p.m. with all Councilmembers present.

B. Consideration of Hybrid Meetings or the Resumption of In-Person Meetings Recommended Action: 1) Receive an update on the current State and County public health regulations; and 2) Consider options for the resumption of in-person public meetings and give direction to staff as needed.

City Clerk Pettijohn presented the staff report.

Malibu City Council
Minutes of January 9, 2023

_________________________
The Council directed questions to staff.

Mayor Silverstein opened the floor to public comment.

Speakers: Bill Sampson, Don Schmitz, Scott Dittrich, Jo Drummond, Kraig Hill, and Ryan Embree
As there were no other speakers present, Mayor Silverstein returned the matter to the table for discussion.

Interim City Attorney Rusin left the meeting at 9:20 p.m. due to technical difficulties.

RECESS At 9:22 p.m., Mayor Silverstein recessed the meeting. The meeting resumed at 9:27 p.m. with all Councilmembers present.

MOTION Mayor Silverstein moved, and Mayor Pro Tem Uhring seconded a motion to continue discussion of Item No. 5.B. without reopening public comment and continue Item No. 6.A. until after Interim City Attorney Rusin returned to the meeting. The question was called, and the motion carried unanimously.

ITEM 7 COUNCIL ITEMS
A. City Council Appointments to City Commissions and Committees Recommended Action: 1) Councilmembers Riggins and Stewart to each make an appointment to the Malibu Arts Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Public Works Commission, and Wastewater Advisory Committee; 2) Councilmembers Riggins and Stewart to each make two appointments to the Homelessness Task Force; 3) Council may appoint or affirm appointments of an ex officio member to the Cultural Arts Commission, Parks and Recreation Commission, and Public Safety Commission; 4) Council to appoint or affirm two at-large appointments to the Wastewater Advisory Committee; 5) Council to appoint or affirm five appointments and two alternate appointments to the Building Board of Appeals; and 6) Council to defer appointment of members to the Mobilehome Park Rent Stabilization Commission until such a time as it is necessary for the Commission to meet.

City Clerk Pettijohn presented the staff report.

Mayor Silverstein opened the floor to public comment.

Speaker: Scott Dittrich
As there were no other speakers present, Mayor Silverstein returned the matter to the table for discussion.

Interim City Attorney Rusin rejoined the meeting at 9:50 p.m.

Malibu City Council
Minutes of January 9, 2023

_________________________
The Council discussed the item.

Councilmember Riggins made the following appointments: 1) Malibu Arts Commission, Julia Holland; 2) Parks and Recreation Commission, Caylee Jenner; 3) Planning Commission, Skylar Peak; 4) Public Safety Commission, Brian Merrick; 5) Public Works Commission, Mica Belzberg; 6) Wastewater Advisory Committee, Nick Barsocchini and 7) Homelessness Task Force, Bill Winokur and Wayne Cohen.

Councilmember Stewart made the following appointments: 1) Malibu Arts Commission, E. Barry Haldeman; 2) Parks and Recreation Commission, Alicia Peak; 3) Planning Commission, Jeff Jennings; 4) Public Safety Commission, Chris Frost; 5) Public Works Commission, Wade Major; 6) Wastewater Advisory Committee, Norm Haynie; and 7) Homelessness Task Force, Bill Winokur and Wayne Cohen.

MOTION Mayor Silverstein moved, and Mayor Pro Tem Uhring seconded a motion to reaffirm Graeme Clifford as Ex Officio Member of the Malibu Arts Commission.

The question was called, and the motion carried unanimously.

MOTION Mayor Silverstein moved, and Councilmember Grisanti seconded a motion to reaffirm Brent Woodworth as Ex Officio Member of the Public Safety Commission. The question was called, and the motion carried unanimously.

MOTION Councilmember Riggins moved and Councilmember Grisanti seconded a motion reaffirm Barbara Bradley and John Yaroslaski as Wastewater Advisory Committee Members. The question was called, and the motion carried unanimously.

MOTION Mayor Pro Tem Uhring moved to remove Lynn Heacox as Building Board of Appeals member.

Mayor Pro Tem Uhring withdrew the motion.

MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to reaffirm the Building Board of Appeals members. The question was called, and the motion carried unanimously.

MOTION Councilmember Grisanti moved, and Councilmember Riggins seconded a motion to defer appointment of members to the Mobilehome Park Rent Stabilization Commission until such a time as it was necessary for the Commission to meet. The question was called, and the motion carried unanimously.

ITEM 5 OLD BUSINESS (Continued)
B. Consideration of Hybrid Meetings or the Resumption of In-Person Meetings (Continued)
Malibu City Council
Minutes of January 9, 2023

_________________________
Recommended Action: 1) Receive an update on the current State and County public health regulations; and 2) Consider options for the resumption of in-person public meetings and give direction to staff as needed.

The Council discussed the item and directed questions to staff.

MOTION Mayor Pro Tem Uhring moved to direct staff to bring back a proposal to transition to hybrid meetings for City Council and Planning Commission meetings.

FRIENDLY AMENDMENT
Councilmember Stewart seconded and moved to begin hybrid meetings on March 13, 2023.

The amendment was accepted by the maker of the motion.

The Council discussed the amended motion.

The question was called, and the amended motion carried unanimously.

ITEM 6 NEW BUSINESS
A. Sheriff’s Malibu Substation Ad Hoc Committee
Recommended Action: 1) Create an Ad Hoc Committee to examine alternative staffing levels and services to be provided in conjunction with the planned Sheriff’s Substation and develop a recommendation for the City Council; and 2) Appoint two Councilmembers to serve on the Sheriff’s Substation Ad Hoc Committee.

City Manager McClary presented the staff report.

Mayor Silverstein opened the floor to public comment.

Speakers: Ryan Embree and E. Barry Haldeman
As there were no other speakers present, Mayor Silverstein returned the matter to the table for discussion.

The Council discussed the item.

MOTION Councilmember Grisanti moved, and Councilmember Riggins seconded a motion to establish an Ad Hoc Committee to examine alternative staffing levels and services to be provided in conjunction with the planned Sheriff Substation and develop a recommendation for the City Council. The question was called, and the motion carried unanimously.

ITEM 7 COUNCIL ITEMS (Continued)
Malibu City Council
Minutes of January 9, 2023

_________________________
B. City Council Subcommittees, Ad Hoc Committees and Outside Agency Appointments
Recommended Action: 1) Review current City Council Subcommittees, determine whether to retain each Subcommittee, and affirm, modify or make new appointments, as necessary; 2) Confirm which City Council Ad Hoc Committees have completed assigned tasks and dissolve such Committees, or determine to retain the Committee and affirm, modify or make new appointments, as necessary; 3) Establish the Road Race Ad Hoc Committee and appoint members; 4) Consider creation of new City Council Ad Hoc Committees and appoint members; and 5) Affirm Outside Agency appointments and make appointments, as necessary.

City Clerk Pettijohn stated she was available for questions.

Mayor Silverstein opened the floor to public comment.

Speakers: Ryan Embree and E. Barry Haldeman
As there were no other speakers present, Mayor Silverstein returned the matter to the table for discussion.

The Council discussed the item.

MOTION Mayor Pro Tem Uhring moved, and Councilmember Riggins seconded a motion to create a Development Services Review Ad Hoc Committee. The question was called, and the motion carried unanimously.

The Council discussed the item.

MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to: 1) appoint Mayor Silverstein and Councilmember Stewart to the Administration and Finance Subcommittee; 2) appoint Mayor Pro Tem Uhring and Councilmember Riggins to the Environmental Sustainability Subcommittee; 3) appoint Councilmembers Riggins and Grisanti to the Library Subcommittee; 4) appoint Councilmembers Grisanti and Stewart to the Public Safety Subcommittee; 5) appoint Councilmembers Grisanti and Stewart to the Public Works Subcommittee; 6) appoint Mayor Pro Tem Uhring and Councilmember Riggins to the Zoning Ordinance Revisions and Code Enforcement Subcommittee; and 7) leave the Parks and Recreation Subcommittee vacant until necessary to meet. The question was called, and the motion carried unanimously.

MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to: 1) appoint Mayor Pro Tem Uhring and Councilmember Riggins to the Development Services Ad Hoc Committee; 2) appoint Mayor Silverstein and Councilmember Stewart to the City Council Policy Review Ad Hoc Committee; 3) appoint Councilmembers Grisanti and Riggins to the Road Race Policy Ad Hoc Committee; 4) appoint Councilmembers Grisanti and Riggins to the School District Separation Ad Hoc Committee; 5) appoint Mayor Silverstein and Councilmember Malibu City Council
Minutes of January 9, 2023

_________________________
Grisanti to the School Safety Ad Hoc Committee; 6) appoint Councilmembers Grisanti and Stewart to the Sheriff Substation Ad Hoc Committee; and 7) appoint Mayor Silverstein and Councilmember Riggins to the Short-Term Rental Ad Hoc Committee. The question was called, and the motion carried unanimously.

MOTION Councilmember Grisanti moved and Councilmember Riggins seconded a motion to make the following appointments to outside agencies: 1) California Contract Cities Association, delegate Mayor Silverstein, with alternate Mayor Pro Tem Uhring; 2) California Joint Powers Insurance Authority, delegate Councilmember Riggins, with alternate Mayor Silverstein; 3) Clean Power Alliance of Southern California, delegate Councilmember Riggins, with alternate Mayor Pro Tem Uhring; 4) Las Virgenes-Malibu Council of Governments, delegate Councilmember Grisanti, with alternate Councilmember Stewart; 5) Los Angeles International Airport (LAX) Community Noise Roundtable, delegate Rick Mullen, with alternate Public Works Director; 6) Pacific Coast Highway Taskforce, delegates Mayor Pro Tem Uhring and Councilmember Stewart (two person appointment); and 7) Santa Monica Mountains Conservancy Advisory Committee, delegate Lloyd Ahern. The question was called, and the motion carried unanimously.

MOTION Mayor Silverstein moved, and Mayor Pro Tem Uhring seconded a motion to make the following reaffirmations to outside agencies: 1) League of California Cities, Los Angeles County Division, delegate Mayor, with alternate Mayor Pro Tem; 2) Los Angeles County City Selection Committee, delegate Mayor; 3) Malibu Public Facilities Authority (a Joint Powers Authority between City of Malibu and Santa Monica College), delegates Mayor and Mayor Pro Tem (two-person appointment); and 4) Metropolitan Transportation Authority, North County Sector, delegate Mayor.

The Council discussed the motion.

The question was called and the motion carried unanimously.

MOTION Mayor Silverstein moved and Councilmember Riggins seconded a motion to hear Item No. 7.C. past 10:30 p.m. The question was called, and the motion failed 2-3, Councilmembers Grisanti and Stewart and Mayor Pro Tem Uhring opposed.

C. Proposed Elimination of the Fee for an Appeal to the City Council from a Decision of the Planning Commission that Would be Appealable Directly to the California Coastal Commission if There Were a Fee for an Appeal to the City Council (Mayor Silverstein and Councilmember Stewart)
Recommended Action: At the request of Mayor Silverstein and Councilmember Stewart, consider eliminating the fee for an appeal to the City Council from a decision of the Planning Commission that would be appealable directly to the California Coastal Commission if there were a fee for an appeal to the City Council.

This item was continued to the January 23, 2023 Regular City Council meeting.

Malibu City Council
Minutes of January 9, 2023

_________________________
D. Proposed Policy Requiring the City to Obtain a Report from an Independent Consultant Whenever an Application Subject to a Public Hearing Before the Planning Commission Requires a Consultant’s Report for Geological and/or Seismic, Biological, Environmental, Historical, or Traffic Matters (Mayor Silverstein and Councilmember Stewart)
Recommended Action: At the request of Mayor Silverstein and Councilmember Stewart, direct staff to bring a resolution to the City Council establishing a policy that would require the City to obtain a report from an independent consultant retained by the City whenever an application subject to a public hearing before the Planning Commission requires a consultant’s report for geological and/or seismic, biological, environmental, historical, or traffic matters.

This item was continued to the January 23, 2023 Regular City Council meeting.

ADJOURNMENT
MOTION At 11:06 p.m., Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to adjourn the meeting. The question was called, and the motion carried unanimously.

Approved and adopted by the City Council of the
City of Malibu on __________.
_________________________________
STEVE UHRING, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)

Agenda Item # 3.B.4.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Steve McClary, City Manager
Kelsey Pettijohn, City Clerk
Trevor Rusin, Interim City Attorney
Date prepared: September 27, 2023 Meeting date: October 9, 2023 Subject: Findings to Hold Virtual City Council, Commission, Committee, Board and Other City Bodies, Meetings Under AB 361
RECOMMENDED ACTION: Consider a motion to reaffirm Resolution No. 23-14, reauthorizing remote teleconferencing/virtual meetings pursuant to AB 361.

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 2021-2022.

DISCUSSION: On March 17, 2020, in the face of the COVID-19 pandemic, Governor Gavin Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow for local legislative bodies to conduct their meetings completely telephonically or by other electronic means, including allowing councilmembers to not have to post an agenda at their teleconference location, not have to identify their location on the meeting agenda, not have to ensure public accessibility at the teleconference location, and the legislative body did not need a quorum in the jurisdiction. The suspension of certain provisions of the Brown Act was further extended by the Governor on June 11, 2021 by the issuance of Executive Order N-08-21, which continued to allow for complete virtual meetings until September 30, 2021.

On September 16, 2021, the Governor signed AB 361, which allows legislative bodies to meet virtually provided there is a state of emergency declared by the Governor, and either (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees. Although the states COVID-19 state of emergency ended on February 28, 2023, AB 361 will remain in City Council
Meeting 10-09-23
Item

3.B.4.

Agenda Item # 3.B.4.
effect until January 1, 2024. As noted above, AB 361 authorizes public meetings to be held virtually if specified conditions are met. These conditions include when state or local officials have imposed or recommended measures to promote social distancing.

Research by staff indicates that officials continue to recommend social distancing.

Specifically, California Division of Occupational Safety and Health (“Cal/OSHA”) regulations—at Title 8 Section 3205—recommend physical distancing in the workplace as precautions against the spread of COVID-19 and impose certain restrictions and requirements due to a “close contact” which occurs when individuals are within six feet of another in certain circumstances. Relatedly, the Centers for Disease Control and Prevention continue to recommend avoiding contact and keeping a safe distance from a person who has a suspected or confirmed case of COVID-19.

In order to continue to qualify for the waiver of in-person meeting requirements under AB 361, the Council must, every 30 days, make the required findings. Thus, this item will continue to appear on the agenda to satisfy this requirement during the duration the City Council can make the required findings.

ATTACHMENTS:

Resolution No. 23-14
RESOLUTION NO. 23-14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
MAKING FINDINGS AND DETERMINATIONS UNDER AB 361 FOR THE

CONTINUATION OF VIRTUAL MEETINGS AND AUTHORIZING VIRTUAL

CITY COUNCIL, COMMISSION, BOARD, AND OTHER CITY MEETINGS PURSUANT TO AB 361
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. The Ralph M. Brown Act (Gov. Code § 54950 et seq.) generally requires local agencies meeting via teleconference, including through other virtual or electronic means, to provide public access at each location in which members of the legislative body are teleconferencing; B. On September 16, 2021 the Governor signed AB 361 (in effect as of October 1, 2021 - Government Code Section 54953( e )), which allows legislative bodies to meet virtually provided there is a state of emergency, and either (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees; C. The Governor's COVID-19 state of emergency ended on February 28, 2023; D. AB 361 remains in effect until January 1, 2024;
E. AB 361 authorizes legislative bodies to continue meeting virtually if specified conditions are met. These conditions include when state or local officials have imposed or recommended measures to promote social distancing;
F. Among other measures to promote physical distancing, the California Division of Occupational Safety and Health ("Cal/OSHA") regulations-at Title 8 Section 3205-recommend physical distancing in the workplace as precautions against the spread of COVID-19 and impose certain restrictions and requirements due to a "close contact" which occurs when individuals are within six feet of another in certain circumstances;
G. The Centers for Disease Control and Prevention continue to recommend avoiding contact and keeping a safe distance from a person who has a suspected or confirmed case of COVID19; H. To allow for physical distancing and remote meeting attendance in accordance with these recommended measures, the City Council does hereby find that the City Council and all other City bodies shall conduct its meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision ( e) of section 54953, and that the City Council and all other City bodies shall comply with the requirements to provide the public with access to the meetings electronically as prescribed in paragraph (2) of subdivision (e) of section 54953
Attachment 1
Resolution No. 23-14

SECTION 2. All of the above recitals are true and correct and incorporated herein by reference.

SECTION 3. The City Council has considered the above circumstances and hereby recognizes that state and local officials continue to recommend social distancing measures, which can impact the ability of the City and the public to meet safely in person.

SECTION 4. The City Council and all other City bodies shall conduct public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act for remote only meetings.

SECTION 5. This Resolution shall take effect immediately upon its adoption and remain in effect for 30 days or until such time as the City Council reaffirms this resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the City Council and all other legislative bodies of the City of Malibu may continue to teleconference without compliance with Government Code §54953(b)(3).

SECTION 6. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

SECTION 7. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED, and ADOPTED this 13th day of March 2023.

ATTEST:

KELSE P 'T�erk
(seal)'
ORM:
rim City Attorney
/7-_ /y�
BR CE SILVERSTEIN, Mayor
... ,
Resolution No. 23-14

I CERTIFY THAT THE FOREGOING RESOLUTION NO. 23-14 was passed and adopted by the City Council of the City of Malibu at the Regular meeting thereof held on the 27th day of March 2023 by the following vote:

A YES: 5 Councilmembers:

NOES: 0
ABSTAIN: 0
ABSENT: 0
KELSEY . TT&¼--�F- 1-k -J
(seal)
Grisanti, Riggins, Stewart, Uhring, Silverstein

Agenda Item # 3.B.5.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Arthur Aladjadjian, Public Works Superintendent Reviewed by: Rob Duboux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: September 19, 2023 Meeting date: October 9, 2023 Subject: Amendment to Professional Services Agreement with Newbury Park Tree Service, Inc.

RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 2 to the Professional Services Agreement with Newbury Park Tree Services, Inc. in the amount of $45,000 for a total not to exceed amount of $225,000 to extend the tree maintenance services for one year.

FISCAL IMPACT: No additional appropriation is required. Funding for this amendment was included in the Adopted Budget for FY 2023-24 in Account No. 100-3001-5200 (Tree Maintenance).

WORK PLAN: This item was included as Item #8.a. in the Adopted Work Plan for FY 20223-23. Staff continue to work on ongoing projects and normal business while the FY 2023-24 Work Plan is finalized.

DISCUSSION: There are approximately 4,500 trees located in the City’s public rights-ofway. Trees improve our quality of life and in many ways are an integral part of the character of our rural community. When properly maintained, trees can be an important and valued public asset and enhance the rural character of the City.

On October 14, 2019, the City entered into a Professional Services Agreement with Newbury Park Tree Services, Inc., to perform annual tree maintenance services. The scope of work under this agreement included updating the City’s tree inventory program and conducting the annual tree maintenance for a period of two years. The City tree inventory program was prepared by a certified arborist that identified each tree, created City Council Meeting
10-09-23
Item

3.B.5.

Agenda Item # 3.B.5.
data that contained location, species, tree height, tree diameter, health status and future maintenance tasks. The annual tree maintenance services includes tree trimming, tree removal, tree pruning based on the tree inventory program.

On October 10, 2022 City Council approved Amendment No. 1 extending the term of the Agreement for one year in and increased the compensation in the amount of $45,000 for a total not to exceed $180,000.

The proposed amendment extends the term of the agreement one year and increases the total compensation by $45,000 to include the upcoming year’s annual tree maintenance.

Staff recommends executing Amendment No. 2 to extend the existing term of the agreement for one year to expire October 14, 2024 and to increase the compensation by $45,000 for a total a total not to exceed amount of $225,000 for the City’s tree maintenance services.

ATTACHMENTS: Amendment No. 2 to Newbury Park Tree Service, Inc.

AMENDMENT NO. 2 TO AGREEMENT
TIIIS AMENDMENT NO. 2 TO AGREEMENT is made and entered in the City of Malibu on October 9, 2023, by and between the CITY OF MALIBU, hereinafter referred to as City, and Newbury Park Tree Service, hereinafter referred to as Consultant.

The City and the Consultant agree as follows:

RECITALS
A On October 14, 2019, the City entered into an Agreement with Consultant for City's annual tree maintenance services (the "Agreement").

B. On October 10, 2022 the City amended the Agreement extending the tenn of the Agreement October 14, 2023 and modified Section 4.0, Compensation of Services for a not to exceed $180,000.

C. The City desires to amend the Agreement to eA'tend the term and compensation for services of the agreement. The Consultant has submitted a proposal for this purpose that is acceptable to the City.

NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:

1. Section 2.0 - Term of Agreement, of the Agreement, is hereby extended to October 14, 2024.

2. Section 4.0 - Compensation for Services, of the Agreement, is hereby amended to increase an additional $45,000 for a not to exceed amount of $225,000.

3. The Parties agree that this Amendment will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

4. All tem1s and conditions of the Agreement not amended by this Amendment No. 2 remain in full force and effect.

This Agreement is executed on __________ at Malibu, California, and effective as of October 14, 2023.

ATTEST:

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

THIS DOCU !ENT HAS BEE REVIEWED

BY THE CITY ATTOR EY'S OFFICE
TREVOR RUSIN, Interim City Attorney
CITY OF MALIBU:

STEVE UHRNG, Mayor
Attachment 1

Agenda Item # 3.B.6.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Arthur Aladjadjian, Public Works Superintendent Reviewed by: Robert Duboux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: September 19, 2023 Meeting date: October 9, 2023 Subject: Amendment to Agreement for Annual Street Sweeping Services RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 2 to Agreement with Sweeping Corp of America (SCA) for street sweeping services under the City’s Annual Street Sweeping Program.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement in the amount of $83,000 was included in the Adopted Budget for FY 2023-24 in Account No. 100-3001-5121 (Street Sweeping). Under a separate agreement, Caltrans reimburses the City for the costs of sweeping Pacific Coast Highway (PCH) and any associated administrative costs. Based on the agreement, the City receives approximately $51,678 in reimbursements from Caltrans per year.

WORK PLAN: This item was included as item 8.b. 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: The Annual Street Sweeping program consists of sweeping City owned streets, City owned parking lots and sweeping PCH within City limits. On October 8, 2018, the City Council entered into an agreement to provide street sweeping services as part of the City’s annual street sweeping program for a two-year period.

On September 29, 2020, City Council approved Amendment No. 1 extending the term of the agreement for an additional three years, expiring on October 8, 2023. Staff recommends executing Amendment No. 2 amending the term of the agreement for an City Council Meeting
10-09-23
Item

3.B.6.

Agenda Item # 3.B.6.
additional one year. SCA has performed very well during the term of its agreement. By executing Amendment No. 2, the level of service to the City will continue uninterrupted.

Staff recommends authorizing the Mayor to execute Amendment No. 2 to the agreement extending the term of the agreement for one additional year.

ATTACHMENTS: Amendment No. 2 to Agreement with Sweeping Corp of America.

AMENDMENT NO. 2 TO AGREEMENT
THIS AMENDMENT NO. 2 TO AGREEMENT is made and entered in the City of Malibu on October 9, 2023, by and between the CITY OF MALIBU, hereinafter referred to as City, and Sweeping Corp of America, hereinafter referred to as Consultant.

The City and the Consultant agree as follows:

RECITALS
A. On October 8, 2018, the City entered into an Agreement with Consultant to provide street sweeping services (the "Agreement").

B. On September 29, 2020, the City amended the Agreement extending the term of the Agreement Octoer 8, 2023.

C. The City desires to amend the term of the Agreement.

NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:

I. Section 2.0- Term of Agreement, of the Agreement, is hereby extended to October 8, 2024.

2. The Parties agree that this Amendment will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

3. All te1ms and conditions of the Agreement not amended by this Amendment No. 2 remain in full force and effect.

This Agreement is executed on _________ _, at Malibu, California, and effective as of October 8, 2023.

ATTEST:

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

THIS DOCUMENT HAS BEE REVIE\ \/ED

BY THE CITY ATTORNEY'S OFFICE
TREVOR RUSIN, Interim City Attorney
CITY OF MALIBU:

STEVE UHRING, Mayor
CONSUL�
By: Mi:1. Justice
Title: Fleet Manager
Attachment 1

Agenda Item 3.B.7.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Tracey Rossine, Environmental Programs Manager Reviewed by: Yolanda Bundy, Environmental Sustainability Director Approved by: Steve McClary, City Manager
Date prepared: September 20, 2023 Meeting date: October 9, 2023 Subject: Application for California State Department of Recycling and Resources Recovery (CalRecycle) Grant Programs
RECOMMENDED ACTION: Adopt Resolution No. 23-47 authorizing the submittal of application for the California State Department of Recycling and Resources Recovery (CalRecycle) Grant Programs and related authorizations.

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

The City will be eligible to receive a base grant award for outreach assistance of $75,000 with probable additional funds based on per capita calculations.

WORK PLAN: This item was not included in the Proposed Work Plan for FY 2022-23.

This is part of normal staff operations. Staff continues to work on ongoing projects and normal business while the FY 2023-24 Work Plan is finalized.

DISCUSSION: CalRecycle administers a non-competitive grant program to local jurisdictions to assist with the implementation of regulation requirements and programs associated with Senate Bill (SB) 1383 Organics Recycling. In 2022, the City was awarded a one-time grant of $20,000 to assist education and outreach efforts including capacity planning, collection, edible food recovery, enforcement and inspection, program evaluation/gap analysis, procurement requirements and record keeping.

The City currently utilizes SB 1383 Local Assistance Grant Program funding to host organics recycling trainings and kitchen collection bin giveaway, support local food recovery organizations, and supplement administrative duties such as inspections, enforcement, reporting, and record keeping. Furthermore, staff regularly conducts community outreach through print and digital advertising materials.

City Council Meeting
10-09-23
Item

3.B.7.

Agenda Item 3.B.7.

On July 18, 2023, SB 1383 Local Assistance Grant, Criteria Request for Approval was presented at the CalRecycle Monthly Public Meeting. This request proposed a 2nd round of grant funds for cities, counties, and other eligible applicants.

On November 15, 2023, staff anticipates submitting a grant application for a total of $75,000 proposing additional implementation measures as required by SB 1383. The program aims to develop further community participation through the following tasks. • Collection ($20,000): to support local food recovery services and organizations that collect and distribute edible food, and to purchase kitchen collection bins to encourage residents’ participation in organics recycling • Education and Outreach ($20,000): to provide marketing, promotion, and SB 1383 outreach including social media posts, postcards, handouts, mailing, newspaper advertisements, and events
• Personnel ($10,000): to fund consultant costs and City staff personnel time for education projects and administrative tasks such as reporting • Upgrade/Expansion ($10,000): additional costs can include mobile app development, mobile pantries to recover edible food, trailers, and food dehydrators • Record Keeping ($7,000): to support maintaining records of the organics recycling program, inspection and enforcement, contracts, agreements, tracking expenditures, and preparing payment requests
• Inspections and Enforcement ($5,000): to conduct inspections and enforcement of SB 1383 requirements to local businesses including Tier 2 generators (restaurants, large events) beginning January 2024
• Procurement/Equipment ($3,000): for personal protection equipment when conducting inspections, recyclable and recovered organic products such as mulch, compost, edible food, recycled paper and paper products, and other equipment CalRecycle has changed its policy for administering grant programs to require the City to declare by resolution certain authorizations related to the administration of the grant program. In order to meet the application deadline of November 15, 2023, and receive grant funding, staff suggests that City Council adopt Resolution No. 23-47. This authorization is effective until rescinded by the Signature Authority or by the City Council.

ALTERNATIVE: Do not adopt Resolution No. 23-47 and opt out of future CalRecycle grant programs including the SB 1383 Local Assistance grant.

ATTACHMENT: Grant Resolution 23-47
RESOLUTION NO. 23-47

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

AUTHORIZING SUBMITTAL OF APPLICATION FOR ALL CALIFORNIA

STATE DEPARTMENT OF RECYCLING AND RESOURCES RECOVERY
(CALRECYCLE) GRANT PROGRAMS AND RELATED AUTHORIZATIONS
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle, and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment.

B. In furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants.

C. CalRecycle grant application procedures requires, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.

SECTION 2. The City Council authorizes staff to submit an application to CalRecycle for any and all grants for which the City of Malibu is eligible. The City Manager, or designee, is hereby authorized and empowered to execute in the name of the City of Malibu all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project. This authorization is effective until rescinded by the Signature Authority or the City Council.

SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED, and ADOPTED this 9th day of October 2023. _____________________________
STEVE UHRING, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
Attachment 1
Resolution No. 23-47

_____________________
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney

Agenda Item # 3.B.8.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Richard Mollica, Planning Director
Reviewed by: Patricia Salazar, Development and Operations Manager Approved by: Steve McClary, City Manager
Date prepared: September 21, 2023 Meeting date: October 9, 2023 Subject: Amendments to Agreements for Planning Contract Services RECOMMENDED ACTION: 1) Authorize the Mayor to execute Amendment No. 1 to Agreement with Joyce Parker-Bozylinski for planning contract services to allow for a one-year extension of the current existing agreement through December 13, 2024, and to update the rates for professional services as well as the total compensation; and 2) Authorize the Mayor to execute Amendment No. 1 to Agreement with JLee Engineering Inc. for planning contract services to allow for a one-year extension of the current existing agreement through October 11, 2024 and the total compensation.

FISCAL IMPACT: No additional appropriation is required. Funding for these agreements is included in the Adopted Budget for Fiscal Year (FY) 2023-24 in Account No. 101- 2001-5100.00 (Planning - Professional Services). Since staff is proposing that the terms of the agreements extend into FY 2024-25, staff will budget funds for these agreements into the Proposed FY 2024-25 Budget.

WORKPLAN: Contract planners support numerous Work Plan items included in the Adopted Work Plan for FY 2022-23 such as Community Rebuilding, Accessory Dwelling Unit Ordinance, and various inter-agency projects. Staff continue to work on ongoing projects and normal business while the FY 2023-24 Work Plan is finalized.

DISCUSSION: The Planning Department utilizes contract planners to augment staffing levels to aid in the processing of current planning development applications and longrange planning efforts. In 2021, as a result of a Request for Proposal (RFP) process for planning contract services, the City entered into agreements with Joyce ParkerCity Council Meeting 10-09-23
Item

3.B.8.

Agenda Item # 3.B.8.

Bozylinski and JLee Engineering, Inc. The agreements are set to expire in the near future.

Typically, the Planning Department issues an RFP for planning contract services every two years. However, in addition to the RFP issued in 2021, the City issued another RFP in 2023 to expand the pool of contract planners to assist with the backlog of planning applications. In order to streamline the RFP process, the City will not issue another RFP for planning contract services until Fall 2024. As such, given that the agreements will expire before the issuance of an RFP, staff recommends the City amend the consultants' agreements by one year to maintain services until the RFP is issued and agreements are awarded.

In addition to extending the term of the agreement, Joyce Parker-Bozylinski is requesting that her hourly rate be updated from $150 to $185 to align with industry standards, and staff recommends increasing the total agreement not-to-exceed from $120,000 to $200,000. Ms. Parker-Bozylinski provides services on a part-time basis and assists staff with long-range planning projects such as the Housing Element and the Accessory Dwelling Unit Ordinance.

For JLee Engineering, in addition to extending the term of the agreement, staff is recommending increasing the total agreement not-to-exceed from $360,000 to $540,000 for JLee Engineering, Inc. Currently, JLee Engineering provides one-full time contract position to process online requests to submit new and revised planning applications as well as substantial conformance submittals. In the last year, over 2,000 requests have been processed by this contract position. Due to the numerous vacancies in the Department, this position is still required to maintain services until staff can absorb the workload.

At this time, staff is requesting the Council amend the agreements to maintain continuity of services and staff will continue to evaluate staffing levels to assess the need for planning contract consultants.

ATTACHMENTS:

1. Amendment No. 1 to Professional Services Agreement with Joyce Parker-Bozylinski

2. Amendment No. 1 to Professional Services Agreement with JLee Engineering, Inc.

AMENDMENT NO. 1 TO AGREEMENT
THIS AMENDMENT NO. 1 TO AGREEMENT is made and entered in the City of Malibu on October 9, 2023, by and between the CITY OF MALIBU, hereinafter referred to as City, and Joyce ParkerBozylinski, hereinafter referred to as Consultant.

The City and the Consultant agree as follows:

R E C I T A L S
A. On October 11, 2021, the City entered into an Agreement with Consultant for contract planning services (the “Agreement”).

B. The City desires to amend the Agreement to increase the compensation for services, schedule of fees, and extend the term of the Agreement, and Consultant has submitted a proposal for this purpose that is acceptable to the City.

NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:

1. All references to Exhibit A shall be amended to refer to Exhibit B.

2. Section 2.0 – Term of Agreement, is hereby extended to December 13, 2024, unless otherwise terminated or extended as provided in the Agreement.

3. Section 4.0 – Compensation for Services, of the Agreement, is hereby amended as set for in Exhibit B.

4. The Parties agree that this Amendment will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

5. All terms and conditions of the Agreement not amended by this Amendment No. 1 remain in full force and effect.

This Agreement is executed on ______________________, at Malibu, California, and effective as of October 9, 2023.

CITY OF MALIBU:
___________________________________
STEVE UHRING, Mayor
ATTEST:
____________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM: CONSULTANT:
____________________________________ ____________________________________ TREVOR RUSIN, Interim City Attorney By: Joyce Parker-Bozylinski Title: Principal Attachment 1
September 2023

EXHIBIT B

EXHIBIT B
Joyce Parker-Bozylinski
Scope of Work & Schedule of Fees
PART A – GENERAL CONSULTING SERVICES
The Consultant will provide general planning consulting services to the City of Malibu as requested by the City’s Planning Director or his/her designee and will be responsible for providing a full range of planning services such as project management, ordinance development, policy development, development application review, environmental review and other related tasks. The scope of services shall include the following but are not limited to:
• General project management including establishing project tasks, schedule, and expectations • Processing of City Zoning Ordinances and General Plan Amendments including the preparation of staff reports, resolutions, and ordinances
• Processing of Local Coastal Program Amendments including the preparation of staff reports, resolutions, ordinances, and complete the California Coastal Commission (CCC) certification process including amendment submittal, serve as the liaison with the CCC staff, attend hearings, and preparation of final documents to process CCC suggested modifications • Coordinate with outside agencies and City Departments as required to process projects • Review projects for compliance with CEQA
• Deliverables may include: Planning Commission, City Council, Zoning Ordinances Revisions and Code Enforcement City Council Subcommittee staff reports, resolutions, ordinances, presentations, public hearing notices, and other meeting materials as required Job Performance Standards
• Telephone calls, emails, and public inquires shall be returned within 24 hours • Record Keeping: Maintain proper record keeping. Files shall be organized, up to date, and ready for public review at all times including digital records (e.g. emails). All records shall be datestamped and properly identified. City records, including planning files, shall not be removed from City Hall without authorization. In addition, the Development Database shall be maintained with all project milestones and reflect current status.
• Consultant shall be proficient in the following computer applications including Microsoft Office Word, Excel, PowerPoint, Access, and GIS.
• The Consultant Planner will be familiar and demonstrate an area of expertise with regulatory documents similar to those used by the City of Malibu Planning Department:

City of Malibu Local Coastal Program
City of Malibu Municipal Code Title 16 (Subdivision) and Title 17 (Zoning) City of Malibu General Plan
City of Malibu Zoning and LCP Interpretations Manual
City Maps including LCP maps, Zoning Maps, Land Use Maps, Cultural Resources Maps, Trail Maps, Overlay Districts, etc. Coastal Act
CEQA Guidelines
Subdivision Map Act
Permit Streamlining Act
Scope of Work
Joyce Parker-Bozylinski

September 2023

PART B - SCHEDULE OF FEES
This section describes the rates and general payment terms for the services described in this Scope of Work.

1. FEE
Consultant will perform the services on an hourly basis, in accordance with Schedule 1 below, for a not to exceed fee equal to $200,000, which includes a $3,000 Travel Expense Budget. The Not to Exceed Fee represents all cost associated with the delivery of each task including travel time with the exception of travel expenses as described in Section 2 below. An itemized invoice of specific tasks shall be provided on invoices.

Schedule 1 – Hourly Rate
Consultant Rate $185/Hour
These amounts may be changed at the discretion of the Planning Director.

2. TRAVEL EXPENSE BUDGET
A Travel Expense Budget in the amount of $3,000 is available for the reimbursement for all expenses reasonably incurred by the Consultant in connection with services provided such as lodging and transportation cost which exceed attendance of meeting in excess of 50 miles from Consultant’s address.

An estimate of travel expenses shall be pre-approved by the Planning Director. Mileage shall be reimbursed at the IRS prevailing rate. City will not reimburse for meals. Expenses will appear on invoices without any markup, with proof of payment, and due and payable within thirty (30) days after receipt by the City.

3. NON-BILLABLE ADMINISTRATIVE OVERHEAD
The Consultant will bill only for time spent performing assigned professional work. All other activities associated with carrying out the contract are not billable, and are therefore, considered overhead or administrative functions contained within the hourly rate. Typical examples of non-billable overhead activities are:
• Discussion with staff or applicant about the cost of services or to address billing disputes. • Meetings to discuss work performance, contract or additional services. • Travel time to and from the City of Malibu.
• Preparation of invoices and other administrative clerical services. • Contract administration, such as preparing or discussing contract amendments. • Time spent resolving errors in the event the Consultant is responsible.

AMENDMENT NO. 1 TO AGREEMENT
THIS AMENDMENT NO. 1 TO AGREEMENT is made and entered in the City of Malibu on October 9, 2023, by and between the CITY OF MALIBU, hereinafter referred to as City, and JLee Engineering, Inc., hereinafter referred to as Consultant.

The City and the Consultant agree as follows:

R E C I T A L S
A. On October 11, 2021, the City entered into an Agreement with Consultant for planning contract services (the “Agreement”).

B. The City desires to amend the Agreement to extend the term of agreement, such that the contract will now expire on October 11, 2024, and to increase the compensation.

NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:

1. Section 2.0 – Term of Agreement, of the Agreement, is hereby extended to October 11, 2024.

2. Section 4.0 – Compensation for Services, of the Agreement, is hereby amended from $360,000 to a not to exceed amount of $540,000.

3. The Parties agree that this Amendment will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

4. All terms and conditions of the Agreement not amended by this Amendment No. 1 remain in full force and effect.

This Agreement is executed on ______________________, at Malibu, California, and effective as of October 9, 2023.

CITY OF MALIBU:
___________________________________
STEVE UHRING, Mayor
ATTEST:
____________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM: CONSULTANT:
____________________________________ ____________________________________ TREVOR RUSIN, Interim City Attorney By: JAE LEE
Title: President
Attachment 2

Agenda Item # 4.A.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Richard Mollica, Planning Director
Approved by: Steve McClary, City Manager
Date prepared: September 21, 2023 Meeting date: October 9, 2023 Subject: Consideration of Local Coastal Program Amendment No. 21-001, Malibu Middle and High School Campus Specific Plan, General Plan Map Amendment No. 21-002, Zoning Text Amendment No. 22-002, and Zoning Map Amendment No. 22-001 (Malibu Middle and High School Campus Specific Plan Overlay District)
RECOMMENDED ACTION: 1) Adopt Resolution No. 23-48 (Attachment 1) amending the Local Coastal Program Amendment (LCPA) No. 21-002 specific to the Local Coastal Program (LCP) Land Use Plan (LUP) and corollary amendments to the Malibu Middle and High School (MMHS) Campus Specific Plan and General Plan Map Amendment (GPMA) No. 21-001, as adopted by Resolution No. 22-33 and pursuant to the conditional certification action taken by the California Coastal Commission (CCC) on September 8, 2023 in order to obtain final certification of the submitted LCPA application for the MMHS Campus Specific Plan Overlay District, and finding the action to be exempt from the California Environmental Quality Act and consistent with the EIR for the project with no further environmental review under the California Environmental Quality Act required (CEQA; 2) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 512 (Attachment 2), an ordinance of the City of Malibu amending LCPA No. 21-002, Zoning Text Amendment (ZTA) No. 22-002, and Zoning Map Amendment (ZMA) No. 22-001, as adopted by Ordinance No. 501 and pursuant to the conditional certification action taken by the CCC on September 8, 2023 in order to obtain final certification of the submitted LCPA application for the MMHS Campus Specific Plan Overlay District, and finding the action to be exempt from the California Environmental Quality Act and consistent with the EIR for the project with no further environmental review under CEQA required; 3) Direct staff to schedule a second reading and adoption of Ordinance No. 512 for the October 23, 2023 Regular City Council meeting; and 4) Direct staff to notify the CCC when the LCPA has been adopted.

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

City Council Meeting
10-09-23
Item

4.A.

Agenda Item # 4.A.

WORK PLAN: This item was not included in the Adopted Work Plan for FY 2022-23. 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.

BACKGROUND: On September 27, 2022, the City Council adopted Resolution No. 22-33 approving the MMHS Campus Specific Plan, LCPA No. 21-002, and GPMA No. 21-002 to: A) to amend the LUP to add a new Environmentally Sensitive Habitat Area (ESHA) Policy 3.24; and B) to amend the City of Malibu General Plan Land Use Map to review the land use designation for three parcels identified as Assessor Parcel Numbers (APNs) 4469-017-900, 4469-018-903, and 4469-018-904 located at 30215 Morning View Drive (Santa Monica-Malibu Unified School District [SMMUSD]).

On September 27, 2022, the City Council also adopted Ordinance No. 501 approving LCPA No. 21-002, ZTA No. 22-002, and ZMA No. 22-001 to: A) add Section 3.4.6 to LCP Local Implementation Plan (LIP) Section 3.4 to incorporate the MMHS Campus Specific Plan into the LIP; B) exempt MMHS from the prohibition of electronic message center signs required by LIP Section 3.15.3; C) amend Malibu Municipal Code (MMC) Section

17.42.020 to add Subsection “M.” to incorporate the MMHS Campus Specific Plan into the MMC consistent with the proposed LCPA language; D) exempt MMHS from the prohibition of electrical message center signs required by MMC Section 17.52.040; E) amend LCP Zoning Map No. 2 to add a boundary line around the MMHS Campus Specific Plan Area, denoting the boundaries of the MMHS Campus Specific Plan area for three parcels (APNs 4469-017-900, 4469-018-903, and 4469-018-904) located at 30215 Morning View Drive; F) add MMHS Campus Specific Plan ESHA Restoration Map Nos. 1, 2, and 3 to the LIP; G) add the proposed site plan for the MMHS Campus Specific Plan to the LIP; and H) amend the MMC Zoning Map consistent with the update to LCP Zoning Map No. 2 located at 30215 Morning View Drive (SMMUSD).

For reference, a summary of the MMHS Campus Specific Plan is provided as Attachment 3 including maps depicting the site’s vicinity, development phasing, and APNs included in the MMHS Campus Specific Plan.

DISCUSSION: On September 8, 2023, the CCC conducted a public hearing on LCPA No. 21-001 and declined to approve the LCPA as approved and submitted by the City. The CCC asserted several reasons for its decision including that the proposed LCPA was “written too broadly in the types of development uses that would be allowed within the ESHA buffer, did not include specific provisions requiring ESHA impacts from development with a reduced ESHA buffer to be fully mitigated, and did not require development standards for pool lighting to ensure pool lighting is minimized and directed away from ESHA.” Further, the CCC found that the ESHA Restoration Plan did not include implementing language or requirements for why, when, and how the onsite riparian habitat restoration plan must be implemented. However, in order to ensure consistency with the

Agenda Item # 4.A.

LCP, further the intent and implementation of the LCP, and avoid ambiguity, the CCC conditionally approved the LCPA on September 8, 2023, subject to twelve suggested modifications to LUP and LIP text, figures, and maps. For reference, staff has included a redlined version of the LUP and LIP text as modified by the CCC in Attachment 4, with corollary modifications made to the ZTA text in Attachment 5.

Because the LCPA was modified by the CCC, the LCPA must come back to the Council for consideration. The Council has until March 8, 2024, six months following CCC’s action, to either accept the modified LCPA or withdraw the LCPA. If the Council does not act within six months, the LCPA would not become effective.

If the Council accepts the modified LCPA, the Council will need to adopt a resolution (Attachment 1) and ordinance (Attachment 2). The resolution would amend LUP, the MMHS Campus Specific Plan, and the General Plan land use map pursuant to the CCC’s suggested modifications. The ordinance would amend LIP and MMC text and maps pursuant to the CCC’s suggested modifications. If adopted, the resolution and ordinance would be transmitted to the CCC Executive Director for a final determination that the Council’s acceptance is consistent with the CCC’s action in September 2023. The modified LCPA would only become final when the CCC Executive Director reports its determination to the CCC at its next regularly scheduled meeting after receipt of the City’s resolution and ordinance. Once reported, the LCPA becomes effective and is part of the City’s LCP and the corollary amendments to the General Plan and MMC would then be in effect.

The CCC’s approval of the amendment included twelve suggested modifications as summarized below (Attachment 6):

Suggested Modification 1: Provides minor clarifying edits to LUP Policies 3.23 and 3.25.

Suggested Modification 2: Modifies the proposed language for LUP Policies 3.24 and 3.37 to limit the types of development to only those that are a part of a project proposed under the MMHS Campus Specific Plan and adds clarifying language that these types of development are only allowed “where fully mitigated in the form of riparian habitat restoration so it does not significantly disrupt the ESHA habitat values.” Suggested Modification 3: Deletes a proposed statement in LUP Policy 6.7 regarding building heights to avoid ambiguity.

Suggested Modification 4: Provides various revisions to the proposed MMHS Campus Specific Plan text in LIP Section 3.4.6 including re-titling the section as MMHS Campus Specific Plan Overlay District and revisions to the section Introduction and Development Standards (height, yards/setbacks, site-specific development criteria, and wayfinding and informational signage). The CCC found the suggested modifications as being necessary

Agenda Item # 4.A.
clarifications to LIP text in order to further the intent and implementation of the LCP, ensure internal consistency, and avoid ambiguity.

Suggested Modification 5: Adds a new development standards section under the proposed Overlay District (LIP Section 3.4.6(A)(5)) to incorporate provisions to ensure that the pool lighting shall be minimized, directed downward and away from ESHA, and shielded using the best available visor technology and pole height and design that minimizes light spill, sky glow, and glare impacts to public views and wildlife to the maximum extent feasible.

Suggested Modification 6: Adds a new development standards section under the proposed Overlay District (LIP Section 3.4.6(A)(6)) to incorporate total maximum grading amounts that can be allowed for each of the four phases of the campus redevelopment project.

These amounts are listed in table format.

Suggested Modification 7: Modifies the proposed language for LIP Section 3.4.6(A)(7) (Permitted Uses in ESHA Buffer) to limit the types of development to only those that are a part of a project proposed under the Overlay District and adds clarifying language that these types of development are only allowed “where fully mitigated in the form of riparian habitat restoration so it does not significantly disrupt the ESHA habitat values.” Suggested Modification 8: Adds language to LIP Section 3.4.6(A)(8) clarifying that that the proposed restoration plan is mitigation for allowing new development within the existing developed portions of the MMHS campus, may have a reduced buffer of less than 100 feet from the creek, and the applicant would be required to mitigate the adverse impacts of reduced ESHA buffers by providing mitigation for all ESHA that will not have a 100-foot buffer from development. The suggested modification also includes language requiring the restoration work to occur before or concurrently with the construction of the redevelopment project and requires maintenance and monitoring of the restoration for five years to ensure the proposed LIP Section 3.4.6(7) conforms to the mitigation requirements and provisions of LIP Section 4.8 (Mitigation).

Suggested Modification 9: Includes minor modifications to proposed language in LIP Sections 3.15.3(J) – Prohibited Signs, 4.5.4 – ESHA Buffers, and 4.6.1(1) – Stream/Riparian Buffers to ensure consistency with the LCP and avoid ambiguity.

Suggested Modification 10: Deletes the proposed delineation of the Specific Plan boundary on LIP Zoning Map No. 2 in order to facilitate the creation of a separate Overlay District map per Suggested Modification No. 11. As such, the CCC clarified that the underlying Institutional zoning and land use designation shall remain.

Suggested Modification 11: Creates an Overlay District map in the LIP that is applied to the MMHS Campus Specific Plan parcels identified as APNs 4469-017-900, 4469-018- 903, and 4469-018-904.

Agenda Item # 4.A.

Suggested Modification 12: Minor edit to the title of the MMHS ESHA Restoration Maps to reflect the Overlay District.

ENVIRONMENTAL IMPACT: The City has analyzed the amended LCPA and corollary amendments to the MMHS Campus Specific Plan, GPMA, ZTA, and ZMA herein proposed by the California Coastal Commission and finds that pursuant to Public Resources Code Section 21080.9, CEQA does not apply to activities and approvals by the City as necessary for the preparation and adoption of an LCPA. This action is for an amendment to the LCP and corollary amendments to the MMHS Campus Specific Plan, GPMA, ZTA, and ZMA, wherein the updated LCPA must be certified by the CCC before it takes effect.

On September 8, 2023, the CCC took action to conditionally certify the City’s LCPA, with amendments to the LUP as previously adopted by Resolution No. 22-33 and the LIP as previously adopted by Ordinance No. 501 (CCC File Reference LCPA No. LCP-4-MAL22-0043-1). The City has analyzed the amendments and finds that the activities and approvals are necessary by the City for the adoption of the LCPA in order to obtain final certification of the LCPA by the CCC.

Further, the proposed City Council actions, including without limitation, direction to prepare an amended resolution and ordinance were adequately covered in a Final Environmental Impact Report (FEIR) adopted by the Santa Monica-Malibu School District (SMMUSD or District) Board of Education (Board) acting as lead agency on January 26, 2022, (State Clearinghouse No. 202008350). Previously, on September 19, 2019, the City accepted the District as the lead agency pursuant to CEQA Guidelines §15051 for the project and the City confirmed its role as a responsible agency. The proposed City Council actions are not a separate “project” for CEQA purposes but rather a subsequent discretionary action related to a previously approved project (CEQA Guidelines § 15378(c)). Additionally, pursuant to CEQA Guidelines Sections 15162 and 15163, and based on the review of the entire record, including without limitation, the Final EIR, the City finds that the proposed actions do not require further environmental review as: 1) no substantial changes are proposed to the project and no substantial changes have occurred that require major revisions to the FEIR due to the involvement of new significant environmental effects or an increase in severity of previously identified significant effects; and 2) no new information of substantial importance has come to light that (a) shows the project will have one or more significant effects not discussed in the FEIR, (b) identifies significant impacts would not be more severe than those analyzed in the FEIR, (c) shows that mitigation measures or alternatives are now feasible that were identified as infeasible and those mitigation measures or alternatives would reduce significant impacts, and (d) no changes to mitigation measures or alternatives have been identified or are required. Pursuant to CEQA Guidelines §15162(b), the City finds and recommends that no further analysis or environmental documentation is necessary. Accordingly, the proposed City Council actions are merely a step-in furtherance of the original project for which environmental

Agenda Item # 4.A.
review was performed and no supplemental or subsequent CEQA has been triggered, and no further environmental review is required.

ATTACHMENTS:

1. Resolution No. 23-48

2. Ordinance No. 512

3. MMHS Campus Summary and Maps

4. CCC Modifications to City LCPA (redlined version)

5. Corollary Modifications to City ZTA (redlined version)

6. CCC Staff Report and Attachments, September 8, 2023

7. Public Hearing Notice
Attachment 1
RESOLUTION NO. 23-48

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

AMENDING THE MALIBU MIDDLE AND HIGH SCHOOL CAMPUS
SPECIFIC PLAN, LOCAL COASTAL PROGRAM AMENDMENT NO. 21-002

TO AMEND THE LOCAL COASTAL PROGRAM LAND USE PLAN AND
GENERAL PLAN MAP AMENDMENT NO. 21-002, AS ADOPTED BY
RESOLUTION NO. 22-33 AND PURSUANT TO THE CONDITIONAL

CERTIFICATION ACTION TAKEN BY THE CALIFORNIA COASTAL
COMMISSION ON SEPTEMBER 8, 2023 IN ORDER TO OBTAIN FINAL

CERTIFICATION OF THE SUBMITTED LOCAL COASTAL PROGRAM

AMENDMENT APPLICATION FOR THE MALIBU MIDDLE AND HIGH
SCHOOL CAMPUS SPECIFIC PLAN LOCATED AT 30215 MORNING VIEW DRIVE (SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT); AND

FINDING THE ACTION BE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT AND CONSISTENT WITH THE EIR

FOR THE PROJECT WITH NO FURTHER ENVIRONMENTAL REVIEW

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

REQUIRED
The City Council of the City of Malibu does ordain as follows:

SECTION 1. Findings.

A. On September 27, 2022, the City Council adopted Resolution No. 22-33 approving the Malibu Middle and High School (MMHS) Campus Specific Plan, Local Coastal Program Amendment (LCPA) No. 21-002, and General Plan Map Amendment (GPMA) No. 21-002 to: A) to amend the Local Coastal Program (LCP) Land Use Plan (LUP) to add a new Environmentally Sensitive Habitat Area (ESHA) Policy 3.24; and B) to amend the City of Malibu General Plan Land Use Map to review the land use designation for three parcels identified as Assessor Parcel Numbers (APNs) 4469-017-900, 4469-018-903, and 4469-018-904 located at 30215 Morning View Drive (Santa Monica-Malibu Unified School District [SMMUSD]).

B. On September 8, 2023, the California Coastal Commission (CCC) took action to conditionally certify the City’s LCPA for Resolution No. 22-33 with amendments (CCC File Reference LCPA No. LCP-4-MAL-22-0043-1).

C. On September 14, 2023, a Notice of City Council Public Hearing was published in a newspaper of general circulation within the City of Malibu indicating that the City Council would a hold public hearing on October 9, 2023 to consider the proposed Resolution amending the MMHS Campus Specific Plan, LCPA No. 21-002 (Exhibit B of Resolution No. 22-33), and GPMA No. 21-002 (Exhibit C of Resolution No. 22-33) as adopted by Resolution No. 22-33 on September 27, 2022, pursuant to the conditional certification action taken by the CCC on September 8, 2023 in order to obtain final certification of LCPA No. 21-002.

D. On October 9, 2023, the City Council held a duly noticed public hearing on the proposed Resolution amending the MMHS Campus Specific Plan, LCPA No. 21-002 (Exhibit B Resolution No. 23-48

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of Resolution No. 22-33, and GPMA No. 21-002 (Exhibit C of Resolution No. 22-33) as adopted by Resolution No. 22-33 on September 27, 2022, reviewed and considered written reports, public testimony, and related information.

SECTION 2. Environmental Review.

The City Council has analyzed the amended LCPA and corollary amendments to the MMHS Campus Specific Plan and GPMA herein proposed by the California Coastal Commission and makes the following findings. Pursuant to Public Resources Code Section 21080.9, the California Environmental Quality Act (CEQA) does not apply to activities and approvals by the City as necessary for the preparation and adoption of an LCPA. This action is for an amendment to the LCP and corollary amendments to the MMHS Campus Specific Plan and GPMA, wherein the updated LCPA must be certified by the CCC before it takes effect. On September 8, 2023, the CCC took action to conditionally certify the City’s LCPA, with amendments to the LUP as previously adopted by Resolution No. 22-33 (CCC File Reference LCPA No. LCP-4-MAL-22- 0043-1). The City Council has analyzed the amendments and finds that the activities and approvals are necessary by the City for the adoption of the LCPA in order to obtain final certification of the LCPA by the CCC.

Further, the proposed City Council actions, including without limitation, direction to prepare an amended ordinance was adequately covered in a Final Environmental Impact Report (FEIR) adopted by the Santa Monica-Malibu School District (SMMUSD or District) Board of Education (Board) acting as lead agency on January 26, 2022 (State Clearinghouse No. 202008350). Previously, on September 19, 2019, the City accepted the District as the lead agency pursuant to CEQA Guidelines §15051 for the project and the City confirmed its role as a responsible agency. The proposed City Council actions are not a separate “project” for CEQA purposes but rather a subsequent discretionary action related to a previously approved project (CEQA Guidelines § 15378(c)). Additionally, pursuant to CEQA Guidelines Sections 15162 and 15163, and based on the review of the entire record, including without limitation, the Final EIR, the City Council finds that the proposed actions do not require further environmental review as:
1) no substantial changes are proposed to the project and no substantial changes have occurred that require major revisions to the FEIR due to the involvement of new significant environmental effects or an increase in severity of previously identified significant effects; and 2) no new information of substantial importance has come to light that (a) shows the project will have one or more significant effects not discussed in the FEIR, (b) identifies significant impacts would not be more severe than those analyzed in the FEIR, (c) shows that mitigation measures or alternatives are now feasible that were identified as infeasible and those mitigation measures or alternatives would reduce significant impacts, and (d) no changes to mitigation measures or alternatives have been identified or are required. Pursuant to CEQA Guidelines §15162(b), the City Council finds and recommends that no further analysis or environmental documentation is necessary.

Accordingly, the proposed City Council actions are merely a step-in furtherance of the original project for which environmental review was performed and no supplemental or subsequent CEQA has been triggered, and no further environmental review is required.

Resolution No. 23-48

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SECTION 3. Acknowledgement of CCC’s Resolution of Certification.

The City of Malibu hereby acknowledges receipt of the CCC’s Resolution of Certification of City of Malibu LCPA No. LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan Overlay District), including any suggested modifications therein.

SECTION 4. Local Coastal Program Amendments.

Pursuant to LCP Local Implementation Plan (LIP) Section 19.5(B), the City Council adopts the following amendments to the LUP pursuant to the conditional certification action taken by the CCC on September 8, 2023 in order to obtain final certification of LCPA No. 21-002. Specifically, the amendments modify text in the LUP as adopted by Exhibit B of Resolution No. 22-33 for LCPA No. 21-002 as follows:

A. That LUP Policy 3.23 be amended as recommended by the CCC, which was not originally included in Exhibit B of Resolution No. 22-33:

3.23 Development adjacent to ESHAs shall minimize impacts to habitat values or sensitive species to the maximum extent feasible. Native vegetation buffer areas shall be provided around ESHAs to serve as transitional habitat and provide distance and physical barriers to human intrusion.

Buffers shall be of a sufficient size to ensure the biological integrity and preservation of the ESHA they are designed to protect. All buffers shall be a minimum of 100 feet in width, except for the cases addressed in Policy 3.27.

B. That the revised language in LUP Policy 3.24, adopted by Exhibit B of Resolution No. 22-33, be deleted and revert to certified language as shown below, as recommended by the CCC:

3.24 New development adjacent to parklands, where the purpose of the park is to protect the natural environment and ESHA, shall be sited and designed to minimize impacts to habitat and recreational opportunities, to the maximum extent feasible. Natural vegetation buffer areas shall be provided around parklands. Buffers shall be of a sufficient size to prevent impacts to parkland resources, but in no case shall they be less than 100 feet in width.

C. That LUP Policy 3.25 be amended as recommended by the CCC, which was not originally included in Exhibit B of Resolution No. 22-33:

3.25 New development, including, but not limited to, vegetation removal, vegetation thinning, or planting of non-native or invasive vegetation shall not be permitted in required ESHA or park buffer areas, except for those cases addressed in Policy 3.27. Habitat restoration and invasive plant eradication may be permitted within required buffer areas if designed to protect and enhance habitat values.

Resolution No. 23-48

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D. That LUP Policy 3.27 be amended as recommended by the CCC, which was not originally included in Exhibit B of Resolution No. 22-33:

3.27 a. Buffers shall be provided from coastal sage scrub and chaparral ESHA that are of sufficient width to ensure that no required fuel modification (Zones A, B, or C, if required) will extend into the ESHA and that no structures will be within 100 feet of the outer edge of the plants that comprise the habitat.
b. The following types of new development and redevelopment adjacent to riparian ESHA along the western edge of the Malibu Middle and High School Campus shall provide an ESHA buffer that is the maximum feasible width. but no less than 50 feet, and where impacts to riparian ESHA are fully mitigated in the form of riparian and upland habitat restoration so it does not significantly disrupt the ESHA habitat values:

1. ESHA and creek-related educational uses and permeable viewing pad areas;

2. Roadways (and associated retaining walls), road right-of-way, utilities, storm drains, and permeable pavement parking lots;

3. Fuel modification required by the California Department of Forestry and Fire Protection;

4. Exterior lighting solely for accessibility and safety purposes; and

5. Fences necessary for public safety, restoration, and protection of habitat.

E. That the revised language in LUP Policy 6.7 be deleted and revert to certified language as shown below, as recommended by the CCC (the language was not originally included in Exhibit B of Resolution No. 22-33 but was inadvertently included in Ordinance No. 501 adopted by the City Council on September 27, 2022 for LCPA No. 21-002):

The height of structures shall be limited to minimize impacts to visual resources. The maximum allowable height, except for beachfront lots, shall be 18 feet above existing or finished grade, whichever is lower. On beachfront lots, or where found appropriate through Site Plan Review, the maximum height shall be 24 feet (flat roofs) or 28 feet (pitched roofs) above existing or finished grade, whichever is lower. Chimneys and rooftop antennas may be permitted to extend above the permitted height of the structure.

SECTION 5. Local Coastal Program Amendment Findings.

A. The amendments to the LCP meet the requirements of and are in conformance with the goals, objectives, and purposes of the LCP pursuant to the conditional certification by the CCC on September 8, 2023. Development standards specific to the MMHS Plan Overlay District ensure that the development of the school campus will allow for the modernization of the school while maintaining standards to require that uses within the City’s jurisdiction of the Coastal Zone advance the overarching goals of protecting coastal resources.

Resolution No. 23-48

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B. As a part of the LUP, the MMHS Campus Specific Plan Overlay District ensures that future development projects and land uses within the Specific Plan conform to applicable LCP policies, goals, and provisions while taking into consideration the protection and enhancement of environmental resources and consistency with relevant LUP ESHA protection policies.

SECTION 6. Specific Plan Amendment.

The City Council adopts the following corollary amendments to the MMHS Campus Specific Plan pursuant to the conditional certification action taken by the CCC on September 8, 2023 in order to obtain final certification of LCPA No. 21-002. Specifically, the amendments modify text in the MMHS Campus Specific Plan as adopted by Exhibit A of Resolution No. 22- 33 as follows:

A. That Subsection 5.2(A)(1-3) (Building Height Measurements) of Section 5.0 (Development Standards) be replaced in its entirety as follows, which amends the proposed regulations included in Exhibit A of Resolution No. 22-33, corollary to the recommendations by the CCC for LCPA No. 21-002:

1. Height. Except as allowed in this section structures shall not exceed eighteen (18) feet above finished or natural grade, whichever results in lower building height, except for chimneys, rooftop antenna, and light standards.
a. Building C: High School Building shall not exceed a maximum height of thirty-six (36) feet finished grade, except for chimneys, rooftop antenna, and light standards that shall not exceed forty-one (41) feet above finished grade.
b. Building D: Middle School Gym/Multi-Purpose Room and Student Activities and Food Service structures shall not exceed a maximum height of thirty-six (36) feet finished grade, except for chimneys, rooftop antenna, and light standards that shall not exceed forty (40) feet above finished grade.
c. Building H: Theater/Performing Arts shall not exceed a maximum height of forty-five (45) feet above finished grade.
d. Building J: High School Gym/Physical Education shall not exceed a maximum height of forty-five (45) feet above finished grade.
e. Building L: Aquatics Center/Field House shall not exceed a maximum height of twentyeight (28) feet above finished grade, inclusive of chimneys, rooftop antenna, and light standards.
f. For all other buildings, roof-mounted mechanical equipment shall be integrated into the roof design, screened, and may project no more than two feet higher than the structure roof height (screens included).
g. In no event shall the maximum number of stories above grade be greater than two.

Resolution No. 23-48

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2. Yards/Setbacks.
a. Front yard setbacks shall be ten (10) feet from the street easement. b. Side yard setbacks shall be five feet. When adjacent to a residentially-zoned parcel(s) along a side yard, the setback shall be increased to ten (10) percent of the lot width or ten (10) feet, whichever is greater
c. Rear yard setbacks shall be five feet; however, when adjacent to a residentially-zoned parcel(s) along the rear yard, the setback shall be increased to fifteen (15) percent of the lot depth or fifteen (15) feet, whichever is greater.

3. Site-Specific Development Criteria. All proposed construction shall comply with the following site-specific development standards:
a. Structure Size. The gross floor area of all buildings on a given parcel shall be limited to a maximum Floor Area Ratio (FAR) of 0.15, or fifteen (15) percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements). Additional gross floor area may be approved by the city council, up to the maximum allowed for the parcel under the Land Use Plan, where additional significant public benefits and amenities are provided as part of the project.
b. Landscaping and Site Permeability. Twenty-five (25) percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements) shall be devoted to landscaping.

The required five-foot landscape buffer around the perimeter of parking areas pursuant to Section 3.14.5 (E)(1) of the Malibu LIP shall count toward the twenty-five (25) percent requirement. An additional five percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements) shall be devoted to permeable surfaces. c. All parking areas within the 100-foot ESHA buffer area shall be paved with permeable pavement, to allow stormwater runoff to infiltrate into the soil below. Suspended paving systems shall be constructed below the permeable paving to treat and slow stormwater runoff before it reaches the ESHA. The system shall be designed to provide treatment and storage for stormwater but also promote healthy tree growth within parking areas.

No changes to Subsection 5.2(A)(4) Grading.

B. That Subsection 5.3 (Wayfinding and Informational Signage) of Section 5.0 (Development Standards) be amended to include the following provision, which amends the proposed regulations included in Exhibit A of Resolution No. 22-33, corollary to the recommendations by the CCC for LCPA No. 21-002:

Marquee sign lighting shall be dimmable in the evenings when not required for student/community communication.

Resolution No. 23-48

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C. That Subsection 5.4 (Landscaping) of Section 5.0 (Development Standards) be amended to include the following provisions, which amends the proposed regulations included in Exhibit A of Resolution No. 22-33, corollary to the recommendations by the CCC for LCPA No. 21-002:

1. Permitted Uses in ESHA Buffer
The following types of new development and redevelopment, as provided in the MMHS Campus Specific Plan, shall provide an ESHA buffer that is the maximum feasible width extent but no less than 50 feet and where fully mitigated in conjunction with the ESHA Habitat Restoration Plan requirements of subsection 2 below, so that it does not significantly disrupt the habitat values of ESHA:
i. ESHA and creek-related educational uses and permeable pads for viewing areas; ii. Roadways (and associated retaining walls), road rights-of-way, utilities, storm drains, and permeable parking lots in a manner that involves no increase in development footprint for the portion within the habitat buffer area. If the improvement involves relocation, the new site shall be located no closer to ESHAs, wetlands, or creeks than the existing site and shall minimize encroachment into the habitat buffer to the maximum extent feasible;
iii. Fuel modification required by the California Department of Forestry and Fire Protection;
iv. Exterior lighting solely for accessibility and safety purposes; and v. Fences necessary for public safety, restoration, and protection of habitat.

2. ESHA Restoration Plan
i. Habitat Restoration Plan
To allow for clustering of new development within the existing, developed portions of the MMHS Campus, limited development may have a reduced buffer of less than 100 feet from the creek located on the western side of campus, as specifically allowed pursuant to subsection 1 above. Habitat buffers less than 100 feet place these habitat areas at risk of significant degradation caused by the adjacent development. The applicant shall mitigate the adverse impacts of reduced buffers by providing mitigation for all ESHA that will not have a 100-foot buffer from development.

As a condition of approval of and prior to issuance of a coastal development permit for new development requiring a less than 100-foot ESHA buffer within the overlay district, the applicant shall be required to submit for review and approval by the City Biologist, a final revised Habitat Restoration Plan that shall substantially conform to the “Habitat Restoration Plan for MMHS Campus, Malibu” (PSOMAS. 2021) and “ESHA Restoration Maps”, and incorporates the following phased restoration work:

Resolution No. 23-48

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(1) During Phase 1 demolition of hardscape within the 100-foot buffer of the downstream area, the habitat restoration plan shall require weed abatement along the upstream, middle, and downstream riparian and upland habitat, broadcast of native seed in the downstream riparian and upland habitat as well as upstream upland habitat, and planting of native stock in the downstream riparian and upland habitat.

Bank stability improvements and erosion control would occur in the upstream, middle, and downstream portions of the ESHA during Phase 1, which include the proposed pedestrian trail and new roadways.
(2) During Phase 4 demolition of developed hardscape areas within the 100- foot buffer of the upstream and middle stream area, the habitat restoration plan shall require restoration of the upland area of the upstream and middle stream portion of the habitat. Upon completion of Phase 4, the pedestrian trail would be completed and connected to existing trails on the campus.
ii. Habitat Restoration Plan Implementation
As a condition of approval for Phase 1 and Phase 4 development requiring a less than 100-foot ESHA buffer within the overlay district, the applicant shall be required to implement the final approved Habitat Restoration Plan required pursuant to subsection i above. Restoration work under the final Habitat Restoration Plan shall be carried out prior to or concurrently with construction of the development project. Maintenance and monitoring of the restoration shall commence immediately after installation and continue for five years in each portion of the riparian and upland habitat areas (downstream, middle, and upstream). In any case, the implementation portion of the ESHA restoration project described above, shall be complete prior to the issuance of certificates of occupancy for any structures approved in the coastal development permit. Any proposed changes to the approved Habitat Restoration Plan must be approved by the City Biologist and reported to the Executive Director of the Coastal Commission.

D. That Subsection 7.4 (Lighting) of Section 7.0 (Infrastructure) be amended to include the following provisions, which amends the proposed regulations included in Exhibit A of Resolution No. 22-33, corollary to the recommendations by the CCC for LCPA No. 21-002:

1. All lighting at the MMHS campus, including pool lighting, shall be minimized, restricted to low intensity features, directed downward and away from ESHA, and shielded using the best available visor technology and pole height and design that minimizes light spill, sky glow, and glare impacts to public views and wildlife to the maximum extent feasible.

2. Sports field lighting shall be limited to the main sports field at Malibu High School. All sport field lighting shall adhere to the standards of Malibu Local Coastal Program Local Implementation Plan Sections 4.6.2 and 6.5.G.

3. Pool lighting shall be limited to only the extent necessary to achieve safety illumination regulations per the Illuminating Engineering Society of North America (IESNA) for a Class II facility.

Resolution No. 23-48

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4. Pool lighting shall be turned off no later than ½ hour after aquatic use and safety perimeter lighting shall be turned off with all other automatic campus lighting.

5. All outdoor lighting shall be extinguished by 11:00 p.m. or close of campus use. whichever is later, except for security lighting activated by motion sensor which extinguishes ten (10) minutes after activation and lighting at the building entrances and driveway egress points.

SECTION 7. Specific Plan Findings.

The amended MMHS Specific Plan will effectuate amendments made to LCPA No. 21- 002 for the MMHS Campus Specific Plan as adopted by Resolution No. 22-33 on September 27, 2022 and conditionally certified by the CCC on September 8, 2023. The amendments to the MMHS Specific Plan will allow the text of the Specific Plan to be amended consistent with amended LCPA No. 21-002 and is only corollary of that action. Based on evidence in the whole record, the City Council hereby finds that the proposed amendments to the MMHS Specific Plan continue to meet the requirements of and are in compliance with the General Plan policies, objectives, and implementation measures as adopted in Section 3 of Resolution No. 22-33.

SECTION 8. General Plan Map Amendment.

The City Council adopts the following corollary amendment to GPMA No. 21-002 pursuant to the conditional certification action taken by the CCC on September 8, 2023 in order to obtain final certification of LCPA No. 21-002. Specifically, the amendment modifies the General Plan Land Use Map as adopted by Exhibit C of Resolution No. 22-33 for GPMA No. 21-002 as follows:

A. That the modifications to the General Plan Land Use Map adopted by Exhibit C of Resolution No. 22-33 be removed in its entirety, as shown in Exhibit A of this resolution, as follows: 1) the crosshatching added to Assessor Parcel Numbers (APN) 4469-017-900, 4469-018- 903, and 4469-018-90 located at 30215 Morning View Drive be deleted; and 2) the underlying land use designation of “Institutional” on APNs 4469-017-900, 4469-018-903, and 4469-018-904 be restored.

B. That a new overlay district map titled “Malibu Middle and High School (MMHS) Campus Specific Plan Overlay District” be added to the General Plan Land Use Map, as shown in Exhibit B of this resolution, that depicts the outline of the area subject to the overlay, including APNs 4469-017-900, 4469-018-903, and 4469-018-904 and the corresponding addresses and APNs to differentiate which parcels are subject to the MMHS Campus Specific Plan Overlay District.

SECTION 9. General Plan Map Amendment Findings.

The GPMA will effectuate previous amendments made to LCPA No. 21-002 for the MMHS Campus Specific Plan as adopted by Resolution No. 22-33 on September 27, 2022 and conditionally certified by the CCC on September 8, 2023. The GPMA will allow the land use map of the General Plan to be amended consistent with amended LCPA No. 21-002 and is only Resolution No. 23-48

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corollary of that action. The City Council finds that the GPMA is necessary for the proposed LCPA and will only be approved if the LCPA is approved, and on the condition that the GPMA only take effect if the LCPA is certified by the CCC.

SECTION 10. Submittal to California Coastal Commission.

The City Council hereby directs staff to submit LCPA to the California Coastal Commission per Title 14, California Code of Regulations Section 13544(c).

SECTION 11. Effective Date.

The LCP amendment, and GPMA approved in this Resolution shall become effective only upon certification by the California Coastal Commission of this amendment to the LCP.

SECTION 12. Certification.

The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this ___ day of _______, 2023. ____________________________
STEVE UHRING, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
Date: _______________________
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, City Attorney
Exhibit A: General Plan Land Use Map
Exhibit B: General Plan MMHS Campus Specific Plan Overlay District Map (GPMA No. 21- 002)
Resolution No. 23-48

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EXHIBIT A
General Plan Land Use Map
Resolution No. 23-48

__________________

EXHIBIT B
General Plan MMHS Campus Specific Plan Overlay District Map Attachment 2
ORDINANCE NO. 512

AN ORDINANCE OF THE CITY OF MALIBU AMENDING LOCAL
COASTAL PROGRAM AMENDMENT NO. 21-002, ZONING TEXT
AMENDMENT NO. 22-002, AND ZONING MAP AMENDMENT NO. 22-001, AS ADOPTED BY ORDINANCE NO. 501 AND PURSUANT TO THE

CONDITIONAL CERTIFICATION ACTION TAKEN BY THE CALIFORNIA COASTAL COMMISSION ON SEPTEMBER 8, 2023, IN ORDER TO OBTAIN

FINAL CERTIFICATION OF THE SUBMITTED LOCAL COASTAL

PROGRAM AMENDMENT APPLICATION FOR THE MALIBU MIDDLE
AND HIGH SCHOOL CAMPUS SPECIFIC PLAN LOCATED AT 30215

MORNING VIEW DRIVE (SANTA MONICA-MALIBU UNIFIED SCHOOL
DISTRICT); AND FINDING THE ACTION TO BE EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT AND CONSISTENT

WITH THE EIR FOR THE PROJECT WITH NO FURTHER

ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT REQUIRED
The City Council of the City of Malibu does ordain as follows:

SECTION 1. Findings.

A. On September 27, 2022, the City Council adopted Ordinance No. 501 approving Local Coastal Program Amendment (LCPA) No. 21-002, Zoning Text Amendment (ZTA) No. 22- 002, and Zoning Map Amendment (ZMA) No. 22-001 to: A) add Section 3.4.6 to Local Coastal Program (LCP) Local Implementation Plan (LIP) Section 3.4 to incorporate the Malibu Middle and High School (MMHS) Campus Specific Plan into the LIP; B) exempt MMHS from the prohibition of electronic message center signs required by LIP Section 3.15.3; C) amend Malibu Municipal Code (MMC) section 17.42.020 to add Subsection “M.” to incorporate the MMHS Campus Specific Plan into the MMC consistent with the proposed LCPA language; D) exempt MMHS from the prohibition of electrical message center signs required by MMC Section

17.52.040; E) amend LCP Zoning Map No.2 to add a boundary line around the MMHS Campus Specific Plan Area, denoting the boundaries of the MMHS Campus Specific Plan area for three parcels (Assessor’s Parcel Map Numbers 4469-017-900, 4469-018-903, and 4469-018-904) located at 30215 Morning View Drive; F) add MMHS Campus Specific Plan Environmental Sensitive Habitat Area (ESHA) Restoration Map Nos. 1, 2, and 3 to the LIP; G) add the proposed site plan for the MMHS Campus Specific Plan to the LIP; and H) amend the MMC Zoning Map consistent with the update to LCP Zoning Map No. 2 located at 30215 Morning View Drive (Santa Monica-Malibu Unified School District).

B. On September 8, 2023, the California Coastal Commission (CCC) took action to conditionally certify the City’s LCPA for Ordinance No. 501 with amendments (CCC File Reference LCPA No. LCP-4-MAL-22-0043-1).

C. On September 14, 2023 a Notice of City Council Public Hearing was published in a newspaper of general circulation within the City of Malibu indicating that the City Council would hold a public hearing on October 9, 2023 to consider the proposed Ordinance amending LCPA No. 21-002 (Exhibits A, C, and D of Ordinance No. 501), ZTA No. 22-002 (Exhibit B of Ordinance No. 512

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Ordinance No. 501), and ZMA No. 22-001 (Exhibit F of Ordinance No. 501), as adopted by Ordinance No. 501 on September 27, 2022, pursuant to the conditional certification action taken by the CCC on September 8, 2023, in order to obtain final certification of LCPA No. 21-002.

D. On October 9, 2023, the City Council held a duly noticed public hearing and introduced on first reading the proposed Ordinance amending LCPA No. 21-002 (Exhibits A, C, and D of Ordinance No. 501), ZTA No. 22-002 (Exhibit B of Ordinance No. 501), and ZMA No. 22-001 (Exhibit F of Ordinance No. 501), as adopted by Ordinance No. 501 on September 27, 2022, reviewed and considered written reports, public testimony, and related information.

E. On October 23, 2023, the City Council conducted a second reading and adopted Ordinance No. 512.

SECTION 2. Environmental Review.

The City Council has analyzed the amended LCPA and corollary amendments to the ZTA and ZMA herein proposed by the California Coastal Commission and makes the following findings. Pursuant to Public Resources Code Section 21080.9, the California Environmental Quality Act (CEQA) does not apply to activities and approvals by the City as necessary for the preparation and adoption of an LCPA. This action is for an amendment to the LCP and corollary amendments to the ZTA and ZMA, wherein the updated LCPA must be certified by the CCC before it takes effect. On September 8, 2023, the CCC took action to conditionally certify the City’s LCPA, with amendments to the LIP as previously adopted by Ordinance No. 501 (CCC File Reference LCPA No. LCP-4-MAL-22-0043-1). The City Council has analyzed the amendments and finds that the activities and approvals are necessary by the City for the adoption of the LCPA in order to obtain final certification of the LCPA by the CCC.

Further, the proposed City Council actions, including without limitation, direction to prepare an amended ordinance was adequately covered in a Final Environmental Impact Report (FEIR) adopted by the Santa Monica-Malibu School District (SMMUSD or District) Board of Education (Board) acting as lead agency on January 26, 2022, (State Clearinghouse No. 202008350). Previously, on September 19, 2019, the City accepted the District as the lead agency pursuant to CEQA Guidelines §15051 for the project and the City confirmed its role as a responsible agency. The proposed City Council actions are not a separate “project” for CEQA purposes but rather a subsequent discretionary action related to a previously approved project (CEQA Guidelines § 15378(c)). Additionally, pursuant to CEQA Guidelines Sections 15162 and 15163, and based on the review of the entire record, including without limitation, the Final EIR, the City Council finds that the proposed actions do not require further environmental review as:
1) no substantial changes are proposed to the project and no substantial changes have occurred that require major revisions to the FEIR due to the involvement of new significant environmental effects or an increase in severity of previously identified significant effects; and 2) no new information of substantial importance has come to light that (a) shows the project will have one or more significant effects not discussed in the FEIR, (b) identifies significant impacts would not be more severe than those analyzed in the FEIR, (c) shows that mitigation measures or alternatives are now feasible that were identified as infeasible and those mitigation measures or alternatives would reduce significant impacts, and (d) no changes to mitigation measures or alternatives have been identified or are required. Pursuant to CEQA Guidelines §15162(b), the City Council finds Ordinance No. 512

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and recommends that no further analysis or environmental documentation is necessary.

Accordingly, the proposed City Council actions are merely a step-in furtherance of the original project for which environmental review was performed and no supplemental or subsequent CEQA has been triggered, and no further environmental review is required.

SECTION 3. Acknowledgement of CCC’s Resolution of Certification.

The City of Malibu hereby acknowledges receipt of the CCC’s Resolution of Certification of City of Malibu LCPA No. LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan Overlay District), including any suggested modifications therein.

SECTION 4. Local Coastal Program Amendments.

Pursuant to LIP Section 19.5(B), the City Council adopts the following amendments to the LIP pursuant to the conditional certification action taken by the CCC on September 8, 2023 in order to obtain final certification of LCPA No. 21-002. Specifically, the amendments modify text and zoning maps in the LIP as adopted by Exhibits A, C, and D of Ordinance No. 501 for LCPA No. 21-002 as follows:

A. That LIP Section 3.4.6 “Specific Plan Overlay District” be renumbered and retitled as “LIP Section 3.4.7 – Malibu Middle and High School (MMHS) Campus Specific Plan Overlay District” and the section replaced in its entirely as follows, which amends the proposed regulations included in Exhibit A of Ordinance No. 501, as recommended by the CCC:

LIP Section 3.4.7 – Malibu Middle and High School (MMHS) Campus Specific Plan Overlay District
The MMHS Campus Specific Plan Overlay District is intended to provide for the classification and development of a parcel or parcels of land as a coordinated, comprehensive project that will result in a more desirable development or physical environment than would be possible through the strict application of conventional zoning regulations and standards. The provisions of this section shall apply to the MMHS Campus (30215 Morning View Drive/APNs 4469-017-900, 4469-018-903, and 4469-18-904), as identified in the MMHS Campus Specific Plan Overlay District map.

A. Malibu Middle and High School Campus Specific Plan.

The provisions of this section provide custom development criteria and uses for the redevelopment of the MMHS campus, as described in MMHS Campus Specific Plan (August 2022), a plan which establishes the development standards and plan for the redevelopment of campus facilities in multiple phases to enhance and modernize facilities and improve campus circulation, as illustrated on the MMHS Campus Site Plan of the LIP.

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B. Development Standards.

The Institutional Development Standards contained in LIP Section 3.9 shall not apply. The following are the development standards for the MMHS Campus Specific Plan Overlay District:

1. Height. Except as allowed in this section structures shall not exceed eighteen (18) feet above finished or natural grade, whichever results in lower building height, except for chimneys, rooftop antenna, and light standards. Notwithstanding the provisions of LIP Section 13.27.1(A)(8), all development proposed above eighteen (18) feet in height must require a Site Plan Review, pursuant to Section 13.27 of the Malibu LIP. Should a Site Plan Review be required, the entire development above eighteen (18) feet, including all roof projections, requires the installation of story poles to ensure private view protection. a. Building C: High School Building shall not exceed a maximum height of thirty-six (36) feet finished grade, except for chimneys, rooftop antenna, and light standards that shall not exceed forty-one (41) feet above finished grade.
b. Building D: Middle School Gym/Multi-Purpose Room and Student Activities and Food Service structures shall not exceed a maximum height of thirty-six (36) feet finished grade, except for chimneys, rooftop antenna, and light standards that shall not exceed forty (40) feet above finished grade.
c. Building H: Theater/Performing Arts shall not exceed a maximum height of forty-five (45) feet above finished grade.
d. Building J: High School Gym/Physical Education shall not exceed a maximum height of forty-five (45) feet above finished grade.
e. Building L: Aquatics Center/Field House shall not exceed a maximum height of twenty-eight (28) feet above finished grade, inclusive of chimneys, rooftop antenna, and light standards.
f. For all other buildings, roof-mounted mechanical equipment shall be integrated into the roof design, screened, and may project no more than two feet higher than the structure roof height (screens included).
g. In no event shall the maximum number of stories above grade be greater than two.

2. Yards/Setbacks.
a. Front yard setbacks shall be ten (10) feet from the street easement. b. Side yard setbacks shall be five feet. When adjacent to a residentially-zoned parcel(s) along a side yard, the setback shall be increased to ten (10) percent of the lot width or ten (10) feet, whichever is greater.

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c. Rear yard setbacks shall be five feet; however, when adjacent to a residentially-zoned parcel(s) along the rear yard, the setback shall be increased to fifteen (15) percent of the lot depth or fifteen (15) feet, whichever is greater.

3. Site-Specific Development Criteria. All proposed construction shall comply with the following site-specific development standards:
a. Structure Size. The gross floor area of all buildings on a given parcel shall be limited to a maximum Floor Area Ratio (FAR) of 0.15, or fifteen (15) percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements). Additional gross floor area may be approved by the city council, up to the maximum allowed for the parcel under the Land Use Plan, where additional significant public benefits and amenities are provided as part of the project.
b. Landscaping and Site Permeability. Twenty-five (25) percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements) shall be devoted to landscaping. The required five-foot landscape buffer around the perimeter of parking areas pursuant to Section 3.14.5 (E)(1) of the Malibu LIP shall count toward the twenty-five (25) percent requirement. An additional five percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements) shall be devoted to permeable surfaces.
c. All parking areas within the 100-foot ESHA buffer area shall be paved with permeable pavement, to allow stormwater runoff to infiltrate into the soil below. Suspended paving systems shall be constructed below the permeable paving to treat and slow stormwater runoff before it reaches the ESHA. The system shall be designed to provide treatment and storage for stormwater but also promote healthy tree growth within parking areas.

4. Wayfinding and Informational Signage
The provisions of LIP Section 3.15.3(J) shall not apply. The following describes the types of allowed signs:
a. Building Identification Signs. All buildings will have non-illuminated identification signs mounted flush to the wall to comply with public safety requirements. b. Marquee signs. Two double-sided monument signs would be allowed on Morning View Drive. The monument signs would be a maximum of five feet tall and contain an LED display screen, 10 mm pixel spacing with dimmable brightness that is oriented perpendicular to Morning View Drive facing east. The signs would be placed on concrete wall support and have an internally illuminated logo and must be turned off within one-half hour of all school events. Marquee sign lighting shall be dimmable in the evenings when not required for student/community communication.

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5. Lighting.
a. All lighting at the MMHS campus, including pool lighting, shall be minimized, restricted to low intensity features, directed downward and away from ESHA, and shielded using the best available visor technology and pole height and design that minimizes light spill, sky glow, and glare impacts to public views and wildlife to the maximum extent feasible.
b. Sports field lighting shall be limited to the main sports field at Malibu High School.

All sport field lighting shall adhere to the standards of Malibu Local Coastal Program Local Implementation Plan Sections 4.6.2 and 6.5.G.
c. Pool lighting shall be limited to only the extent necessary to achieve safety illumination regulations per the Illuminating Engineering Society of North America (IESNA) for a Class II facility.
d. Pool lighting shall be turned off no later than ½ hour after aquatic use and safety perimeter lighting shall be turned off with all other automatic campus lighting. e. All outdoor lighting shall be extinguished by 11:00 p.m. or close of campus use. whichever is later, except for security lighting activated by motion sensor which extinguishes ten (10) minutes after activation and lighting at the building entrances and driveway egress points.

6. Grading.

The grading requirements of LIP Section 3.8(B) shall not apply. Grading shall not exceed the following quantities, inclusive of all grading categories without distinction between exempt, nonexempt, and remedial grading:

Phase Cut (cy) Fill (cy) Project Phase Total (cy)
1 35,200 10,400 45,600
2 5,175 - 5,175
3 25,300 14,000 39,300
4 10,000 33,350 43,350
Total 40,475 47,350 87,825
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The export of cut material may be required to preserve the natural topography of the project site. Cut material may only be exported to an appropriate landfill or a site permitted to accept material.

7. Permitted Uses in ESHA Buffer
The following types of new development and redevelopment, as provided in the Malibu Middle and High School Campus Specific Plan Overlay District, shall provide an ESHA buffer that is the maximum feasible width extent but no less than 50 feet and where fully mitigated in conjunction with the ESHA Habitat Restoration Plan requirements of subsection 8 below, so that it does not significantly disrupt the habitat values of ESHA:
a. ESHA and creek-related educational uses and permeable pads for viewing areas; b. Roadways (and associated retaining walls), road rights-of-way, utilities, storm drains, and permeable parking lots in a manner that involves no increase in development footprint for the portion within the habitat buffer area. If the improvement involves relocation, the new site shall be located no closer to ESHAs, wetlands, or creeks than the existing site and shall minimize encroachment into the habitat buffer to the maximum extent feasible;
c. Fuel modification required by the California Department of Forestry and Fire Protection;
d. Exterior lighting solely for accessibility and safety purposes; and e. Fences necessary for public safety, restoration, and protection of habitat.

8. ESHA Restoration Plan
a. Habitat Restoration Plan
To allow for clustering of new development within the existing, developed portions of the MMHS Campus, limited development may have a reduced buffer of less than 100 feet from the creek located on the western side of campus, as specifically allowed pursuant to subsection 7 above. Habitat buffers less than 100 feet place these habitat areas at risk of significant degradation caused by the adjacent development. The applicant shall mitigate the adverse impacts of reduced buffers by providing mitigation for all ESHA that will not have a 100-foot buffer from development.

As a condition of approval of and prior to issuance of a coastal development permit for new development requiring a less than 100-foot ESHA buffer within the overlay district, the applicant shall be required to submit for review and approval by the City Biologist, a final revised Habitat Restoration Plan that shall substantially conform to the “Habitat Restoration Plan for MMHS Campus, Malibu” (PSOMAS, 2021) and “ESHA Restoration Map Nos. 1, 2, and 3” of the LIP, and incorporates the following phased restoration work:

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(1) During Phase 1 demolition of hardscape within the 100-foot buffer of the downstream area, the habitat restoration plan shall require weed abatement along the upstream, middle, and downstream riparian and upland habitat, broadcast of native seed in the downstream riparian and upland habitat as well as upstream upland habitat, and planting of native stock in the downstream riparian and upland habitat. Bank stability improvements and erosion control would occur in the upstream, middle, and downstream portions of the ESHA during Phase 1, which include the proposed pedestrian trail and new roadways. (2) During Phase 4 demolition of developed hardscape areas within the 100-foot buffer of the upstream and middle stream area, the habitat restoration plan shall require restoration of the upland area of the upstream and middle stream portion of the habitat. Upon completion of Phase 4, the pedestrian trail would be completed and connected to existing trails on the campus. b. Habitat Restoration Plan Implementation
As a condition of approval for Phase 1 and Phase 4 development requiring a less than 100-foot ESHA buffer within the overlay district, the applicant shall be required to implement the final approved Habitat Restoration Plan required pursuant to subsection a above. Restoration work under the final Habitat Restoration Plan shall be carried out prior to or concurrently with construction of the development project. Maintenance and monitoring of the restoration shall commence immediately after installation and continue for five years in each portion of the riparian and upland habitat areas (downstream, middle, and upstream). In any case, the implementation portion of the ESHA restoration project described in 8(a)(1) and 8(a)(2) above, shall be complete prior to the issuance of certificates of occupancy for any structures approved in the coastal development permit. Any proposed changes to the approved Habitat Restoration Plan must be approved by the City Biologist and reported to the Executive Director of the Coastal Commission.

B. That the added language to Subsection J of LIP Section 3.15.3 (Prohibited Signs) adopted by Exhibit A of Ordinance No. 501 be deleted and revert to certified language as shown below, as recommended by the CCC:
“J. Automatic changing signs or electronic message center signs, except for public service time and temperature signs, and public safety signs such as changeable traffic message signs.” C. That the added language to LIP Section 4.5.4 (Environmentally Sensitive Habitat Buffers) adopted by Exhibit A of Ordinance No. 501 be deleted and revert to certified language as shown below, as recommended by the CCC:

1. Public accessways and trails, including directional signs.

2. Interpretive signage designed to provide information about the value and protection of the resources.

3. Restoration projects where the primary purpose is restoration of the habitat.

4. Invasive plant eradication projects if they are designed to protect and enhance habitat values.

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D. That the added language to Subsection 1 of LIP Section 4.6.1 (Buffers) adopted by Exhibit A of Ordinance No. 501 be deleted and revert to certified language as shown below, as recommended by the CCC:

1. Stream/Riparian
New development shall provide a buffer of no less than 100 feet in width from the outer edge of the canopy of riparian vegetation. Where riparian vegetation is not present, the buffer shall be measured from the outer edge of the bank of the subject stream.

However, in the Point Dume area, new development shall be designed to avoid encroachment on slopes of 25 percent grade or steeper.

E. That the following modifications to LIP Zoning Map No. 2 (Zuma Beach to Escondido Beach) adopted by Exhibit C of Ordinance No. 501 be removed in their entirety, as shown in Exhibit A of this ordinance, as recommended by the CCC: 1) the crosshatching added to Assessor Parcel Numbers (APN) 4469-017-900, 4469-018-903, and 4469-018-904 located at 30215 Morning View Drive be deleted; 2) the zoning designation titled “Specific Plan” be deleted; and 3) the underlying zoning designation of “Institutional” on APNs 4469-017-900, 4469-018- 903, and 4469-018-904 be restored.

F. That a new overlay district map titled “Malibu Middle and High School (MMHS) Campus Specific Plan Overlay District” be added to the LIP, as shown in Exhibit B of this ordinance, that depicts the outline of the area subject to the overlay, including APNs 4469-017- 900, 4469-018-903, and 4469-018- 904 and the corresponding addresses and APNs to differentiate which parcels are subject to the MMHS Campus Specific Plan Overlay District, as recommended by the CCC.

G. That the “MMHS Campus Specific Plan ESHA Restoration Map Nos. 1, 2, and 3” added to the LIP as adopted by Exhibit D of Ordinance No. 501 be retitled as “MMHS Campus Specific Plan Overlay District ESHA Restoration Map Nos. 1, 2, and 3,” as shown in Exhibit C of this ordinance, as recommended by the CCC.

H. That Exhibit E (Proposed Site Plan for MMHS Campus Specific Plan) remain in the LIP as adopted by Ordinance No. 501 with no modifications.

I. That the revision to Policy 6.7 of LCP Land Use Plan (LUP) Chapter 6 (Scenic and Visual Resources) is not required to be included in Ordinance No. 501.

SECTION 5. Local Coastal Program Amendment Findings.

A. The amendments to the LCP meet the requirements of and are in conformance with the goals, objectives, and purposes of the LCP pursuant to the conditional certification by the CCC on September 8, 2023. Development standards specific to the Malibu Middle and High School Campus Specific Plan Overlay District ensure that the development of the school campus will Ordinance No. 512

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allow for the modernization of the school while maintaining standards to require that uses within the City’s jurisdiction of the Coastal Zone advance the overarching goals of protecting coastal resources.

B. As a part of the LIP, the MMHS Campus Specific Plan Overlay District ensures that future development projects and land uses within the Specific Plan conform to applicable LCP policies, goals, and provisions while taking into consideration the protection and enhancement of visual resources, public access, and recreation opportunities. Incorporating specific requirements for the build-out of the MMHS Campus achieves LIP Sections 1.2(D) and (G) (guides future growth and development), LIP Section 1.2(F) (promotes public health, safety, and general welfare), and LIP Section 1.2(K) (assures adequate public uses, facilities, and improvements).

SECTION 6. Zoning Text Amendment.

Pursuant to Section 17.74.040 of the MMC, the City Council adopts the following corollary amendments to Title 17 of the MMC pursuant to the conditional certification action taken by the CCC on September 8, 2023 in order to obtain final certification of LCPA No. 21-002. Specifically, the amendments modify text in the MMC as adopted by Exhibit B of Ordinance No. 501 for ZTA No. 22-002 as follows:

A. That Subsection M (Specific Plan Overlay District) of MMC Section 17.42.020 (Overlay districts) be retitled as “Malibu Middle and High School (MMHS) Campus Specific Plan Overlay District” and the section replaced in its entirely as follows, which amends the proposed regulations included in Exhibit B of Ordinance No. 501, corollary to the recommendations by the CCC for LCPA No. 21-002:

M. Malibu Middle and High School (MMHS) Specific Plan Overlay District The MMHS Campus Specific Plan Overlay District is intended to provide for the classification and development of a parcel or parcels of land as a coordinated, comprehensive project that will result in a more desirable development or physical environment than would be possible through the strict application of conventional zoning regulations and standards. The provisions of this section shall apply to the MMHS Campus (30215 Morning View Drive/APNs 4469-017-900, 4469-018-903, and 4469-18-904), as identified in the MMHS Campus Specific Plan Overlay District map.

1. Malibu Middle and High School Campus Specific Plan.

The provisions of this section provide custom development criteria and uses for the redevelopment of the MMHS campus, as described in MMHS Campus Specific Plan (August 2022), a plan which establishes the development standards and plan for the redevelopment of campus facilities in multiple phases to enhance and modernize facilities and improve campus circulation, as illustrated on the MMHS Campus Site Plan of the LIP.

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2. Development Standards.

The institutional development standards contained in Section 17.40.110 shall not apply. The following are the development standards for the MMHS Campus Specific Plan Overlay District:
a. Height. Except as allowed in this section structures shall not exceed eighteen (18) feet above finished or natural grade, whichever results in lower building height, except for chimneys, rooftop antenna, and light standards. Notwithstanding the provisions of Section

17.62.040(A)(12), all development proposed above eighteen (18) feet in height must require a Site Plan Review, pursuant to Sections 17.62.040 and 17.62.060 of the Malibu Municipal Code. Should a Site Plan Review be required, the entire development above eighteen (18) feet, including all roof projections, requires the installation of story poles to ensure private view protection.
i. Building C: High School Building shall not exceed a maximum height of thirty-six (36) feet finished grade, except for chimneys, rooftop antenna, and light standards that shall not exceed forty-one (41) feet above finished grade.
ii. Building D: Middle School Gym/Multi-Purpose Room and Student Activities and Food Service structures shall not exceed a maximum height of thirty-six (36) feet finished grade, except for chimneys, rooftop antenna, and light standards that shall not exceed forty (40) feet above finished grade.
iii. Building H: Theater/Performing Arts shall not exceed a maximum height of forty-five (45) feet above finished grade.
iv. Building J: High School Gym/Physical Education shall not exceed a maximum height of forty-five (45) feet above finished grade.
v. Building L: Aquatics Center/Field House shall not exceed a maximum height of twenty-eight (28) feet above finished grade, inclusive of chimneys, rooftop antenna, and light standards.
vi. For all other buildings, roof-mounted mechanical equipment shall be integrated into the roof design, screened, and may project no more than two feet higher than the structure roof height (screens included).
vii. In no event shall the maximum number of stories above grade be greater than two. b. Yards/Setbacks.
i. Front yard setbacks shall be ten (10) feet from the street easement. ii. Side yard setbacks shall be five feet. When adjacent to a residentially-zoned parcel(s) along a side yard, the setback shall be increased to ten (10) percent of the lot width or ten (10) feet, whichever is greater.

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iii. Rear yard setbacks shall be five feet; however, when adjacent to a residentially-zoned parcel(s) along the rear yard, the setback shall be increased to fifteen (15) percent of the lot depth or fifteen (15) feet, whichever is greater. c. Site-Specific Development Criteria. All proposed construction shall comply with the following site-specific development standards:
i. Structure Size. The gross floor area of all buildings on a given parcel shall be limited to a maximum Floor Area Ratio (FAR) of 0.15, or fifteen (15) percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements). Additional gross floor area may be approved by the city council, up to the maximum allowed for the parcel under the general plan, where additional significant public benefits and amenities are provided as part of the project.
ii. Landscaping and Site Permeability. Twenty-five (25) percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements) shall be devoted to landscaping. The required five-foot landscape buffer around the perimeter of parking areas pursuant to Section 17.48.050(E) shall count toward the twenty-five (25) percent requirement. An additional five percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements) shall be devoted to permeable surfaces. iii. Pool and pool deck lighting must be consistent with the Malibu Dark Sky Ordinance. iv. All parking areas within the 100-foot ESHA buffer area shall be paved with permeable pavement, to allow stormwater runoff to infiltrate into the soil below. Suspended paving systems shall be constructed below the permeable paving to treat and slow stormwater runoff before it reaches the ESHA. The system shall be designed to provide treatment and storage for stormwater but also promote healthy tree growth within parking areas.
d. Wayfinding and Informational Signage
The following describes the types of allowed signs pursuant to the MMHS Campus Specific Plan:
i. Building Identification Signs. All buildings will have non-illuminated identification signs mounted flush to the wall to comply with public safety requirements. ii. Marquee signs. Two double-sided monument signs would be allowed on Morning View Drive. The monument signs would be a maximum of five feet tall and contain an LED display screen, 10 mm pixel spacing with dimmable brightness that is perpendicular to Morning View Drive facing east. The signs would be placed on concrete wall support and have an internally illuminated logo and must be turned off within one-half hour of all school events. Marquee sign lighting shall be dimmable in the evenings when not required for student/community communication.

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e. Lighting.
i. All lighting at the MMHS campus, including pool lighting, shall be minimized, restricted to low intensity features, directed downward and away from ESHA, and shielded using the best available visor technology and pole height and design that minimizes light spill, sky glow, and glare impacts to public views and wildlife to the maximum extent feasible.
ii. Sports field lighting shall be limited to the main sports field at Malibu High School.

All sport field lighting shall adhere to the standards of Malibu Local Coastal Program Local Implementation Plan Sections 4.6.2 and 6.5.G.
iii. Pool lighting shall be limited to only the extent necessary to achieve safety illumination regulations per the Illuminating Engineering Society of North America (IESNA) for a Class II facility.
iv. Pool lighting shall be turned off no later than ½ hour after aquatic use and safety perimeter lighting shall be turned off with all other automatic campus lighting. v. All outdoor lighting shall be extinguished by 11:00 p.m. or close of campus use. whichever is later, except for security lighting activated by motion sensor which extinguishes ten (10) minutes after activation and lighting at the building entrances and driveway egress points.
f. Grading.

The grading requirements of LIP Section 3.8(B) shall not apply. Grading shall not exceed the following quantities, inclusive of all grading categories without distinction between exempt, nonexempt, and remedial grading:

Phase Cut (cy) Fill (cy) Project Phase Total (cy)
1 35,200 10,400 45,600
2 5,175 - 5,175
3 25,300 14,000 39,300
4 10,000 33,350 43,350
Total 40,475 47,350 87,825
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The export of cut material may be required to preserve the natural topography of the project site. Cut material may only be exported to an appropriate landfill or a site permitted to accept material.
g. Permitted Uses in ESHA Buffer
The following types of new development and redevelopment, as provided in the Malibu Middle and High School Campus Specific Plan Overlay District, shall provide an ESHA buffer that is the maximum feasible width extent but no less than 50 feet and where fully mitigated in conjunction with the ESHA Habitat Restoration Plan requirements of subsection h below, so that it does not significantly disrupt the habitat values of ESHA:
i. ESHA and creek-related educational uses and permeable pads for viewing areas; ii. Roadways (and associated retaining walls), road rights-of-way, utilities, storm drains, and permeable parking lots in a manner that involves no increase in development footprint for the portion within the habitat buffer area. If the improvement involves relocation, the new site shall be located no closer to ESHAs, wetlands, or creeks than the existing site and shall minimize encroachment into the habitat buffer to the maximum extent feasible;
iii. Fuel modification required by the California Department of Forestry and Fire Protection;
iv. Exterior lighting solely for accessibility and safety purposes; and v. Fences necessary for public safety, restoration, and protection of habitat. h. ESHA Restoration Plan
i. Habitat Restoration Plan
To allow for clustering of new development within the existing, developed portions of the MMHS Campus, limited development may have a reduced buffer of less than 100 feet from the creek located on the western side of campus, as specifically allowed pursuant to subsection g above. Habitat buffers less than 100 feet place these habitat areas at risk of significant degradation caused by the adjacent development. The applicant shall mitigate the adverse impacts of reduced buffers by providing mitigation for all ESHA that will not have a 100-foot buffer from development.

As a condition of approval of and prior to issuance of a coastal development permit for new development requiring a less than 100-foot ESHA buffer within the overlay district, the applicant shall be required to submit for review and approval by the City Biologist, a final revised Habitat Restoration Plan that shall substantially conform to the “Habitat Restoration Plan for MMHS Campus, Malibu” (PSOMAS, 2021) and “ESHA Restoration Map Nos. 1, 2, and 3” of the LIP, and incorporates the following phased restoration work:

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(1) During Phase 1 demolition of hardscape within the 100-foot buffer of the downstream area, the habitat restoration plan shall require weed abatement along the upstream, middle, and downstream riparian and upland habitat, broadcast of native seed in the downstream riparian and upland habitat as well as upstream upland habitat, and planting of native stock in the downstream riparian and upland habitat. Bank stability improvements and erosion control would occur in the upstream, middle, and downstream portions of the ESHA during Phase 1, which include the proposed pedestrian trail and new roadways. (2) During Phase 4 demolition of developed hardscape areas within the 100-foot buffer of the upstream and middle stream area, the habitat restoration plan shall require restoration of the upland area of the upstream and middle stream portion of the habitat. Upon completion of Phase 4, the pedestrian trail would be completed and connected to existing trails on the campus. ii. Habitat Restoration Plan Implementation
As a condition of approval for Phase 1 and Phase 4 development requiring a less than 100-foot ESHA buffer within the overlay district, the applicant shall be required to implement the final approved Habitat Restoration Plan required pursuant to subsection i above. Restoration work under the final Habitat Restoration Plan shall be carried out prior to or concurrently with construction of the development project. Maintenance and monitoring of the restoration shall commence immediately after installation and continue for five years in each portion of the riparian and upland habitat areas (downstream, middle, and upstream). In any case, the implementation portion of the ESHA restoration project described in subsections (h)(i)(1) and (h)(i)(2) above, shall be complete prior to the issuance of certificates of occupancy for any structures approved in the coastal development permit. Any proposed changes to the approved Habitat Restoration Plan must be approved by the City Biologist and reported to the Executive Director of the Coastal Commission.

SECTION 7. Zoning Map Amendment.

Pursuant to Section 17.74.040 of the MMC, the City Council adopts the following corollary amendments to Title 17 of the MMC pursuant to the conditional certification action taken by the CCC on September 8, 2023 in order to obtain final certification of LCPA No. 21-002. Specifically, the amendments modify the MMC Zoning Map as adopted by Exhibit F of Ordinance No. 501 for ZMA No. 22-001 as follows:

A. That the modifications to the MMC Zoning Map adopted by Exhibit F of Ordinance No. 501 be removed in their entirety, as shown in Exhibit D of this ordinance, as follows: 1) the crosshatching added to Assessor Parcel Numbers (APN) 4469-017-900, 4469-018-903, and 4469- 018-90 located at 30215 Morning View Drive be deleted; 2) the zoning designation titled “Specific Plan” be deleted; and 3) the underlying zoning designation of “Institutional” on APNs 4469-017- 900, 4469-018-903, and 4469-018-904 be restored.

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B. That a new overlay district map titled “Malibu Middle and High School (MMHS) Campus Specific Plan Overlay District” be added to the MMC Zoning Map, as shown in Exhibit E of this ordinance, that depicts the outline of the area subject to the overlay, including APNs 4469-017-900, 4469-018-903, and 4469-018- 904 and the corresponding addresses and APNs to differentiate which parcels are subject to the MMHS Campus Specific Plan Overlay District.

SECTION 8. Zoning Text/Map Amendment Findings.

The ZTA will effectuate amendments made to LCPA No. 21-002 for the MMHS Campus Specific Plan as adopted by Ordinance No. 501 on September 27, 2022 and conditionally certified by the CCC on September 8, 2023. The ZMA will allow the maps of the MMC to be amended consistent with amended LCPA No. 21-002 and is only corollary of that action. Based on evidence in the whole record, the City Council hereby finds that the proposed ZMA meets the requirements of and is in compliance with the General Plan as follows:

A. The ZTA and ZMA are consistent with the objectives, policies and general land uses in the General Plan, as amended by the LCPA.

B. The ZTA and ZMA will allow the MMC to be amended and be consistent with the amended LIP text and LCP zoning maps and is only a corollary of that action.

C. The ZTA and ZMA are necessary for the proposed LCPA and will only be approved if the LCPA is approved, and on the condition that the ZTA and ZMA only take effect if the LCPA is certified by the CCC.

SECTION 9. Submittal to California Coastal Commission.

The City Council hereby directs staff to submit LCPA to the California Coastal Commission per Title 14, California Code of Regulations Section 13544(c).

SECTION 10. Effective Date.

The LCP amendment, ZMA, and ZTA approved in this Ordinance shall become effective only upon certification by the California Coastal Commission of this amendment to the LCP.

SECTION 11. Severability.

If any section, subsection, provision, sentence, clause, phrase or word of this Ordinance is for any reason held to be illegal or otherwise invalid by any court of competent jurisdiction, such invalidity shall be severable, and shall not affect or impair any remaining section, subsection, provision, sentence, clause, phrase or word included within this Ordinance, it being the intent of the City that the remainder of this Ordinance shall be and shall remain in full force and effect, valid, and enforceable.

Ordinance No. 512

__________________
SECTION 12. Certification.

The City Clerk shall certify the passage and adoption of this Ordinance and enter it into the book of original ordinances.

PASSED, APPROVED AND ADOPTED this ___ day of _______, 2023. ____________________________
STEVE UHRING, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
Date: _______________________
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, City Attorney
Exhibit A: LCP Zoning Map
Exhibit B: LCP MMHS Campus Specific Plan Overlay District Map (LCPA No. 21-002) Exhibit C: MMHS Campus Specific Plan Overlay District ESHA Restoration Map Nos. 1, 2, and 3
Exhibit D: MMC Zoning Map
Exhibit E: MMC MMHS Campus Specific Plan Overlay District Map (ZMA No. 22-001) Ordinance No. 512

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EXHIBIT A
LCP Zoning Map No. 2
Ordinance No. 512

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EXHIBIT B
LCP MMHS Campus Specific Plan Overlay District Map
Ordinance No. 512

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EXHIBIT C
MMHS Campus Specific Plan Overlay District ESHA Restoration Map Nos. 1, 2, And 3 Ordinance No. 512

__________________
Ordinance No. 512

__________________
Ordinance No. 512

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EXHIBIT D
MMC Zoning Map
Ordinance No. 512

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EXHIBIT E
MMC MMHS Campus Specific Plan Overlay District Map
Attachment 3
MMHS Campus Summary and Maps
Located in the Malibu Park neighborhood in west Malibu, the Malibu Middle and High School (MMHS) campus includes MMHS, the former Juan Cabrillo Elementary School (JCES), the Boys and Girls Club, several outdoor sports fields and courts, support facilities and infrastructure, the Malibu Equestrian Center and approximately ten acres of undeveloped land. As depicted in Figure 1, the MMHS campus is located on Morning View Drive, approximately one-quarter mile northeast of both Pacific Coast Highway (PCH) and Zuma Beach and generally between Merritt Drive to the west, Via Cabrillo Street to the east, and Harvester Road to the north.

Figure 1 – Vicinity Map

As shown in Figure 2, the MMHS Campus Specific Plan would be constructed in four phases:

Phase 1: Phase 1 is the current phase and includes the demolition of all existing former JCES buildings (already completed via CDP 22-034), relocation of portables P6 and P7 and construction of Building C, Parking Lot C, Parking D, and the Drop-off/Pick-up area Phase 1. The original timeline had construction anticipated to begin in Fall 2022 with a completion of Summer 2024. However, due to timing associated with the CCC’s review and certification of the Local Coastal Program Amendment (LCPA) for the Specific Plan, this timeline was extended.

Phase 2: Phase 2 is the next phase and would consist of the construction of Building D and the Middle School Quad. Phase 2 is anticipated to begin after Phase 1 is completed and is estimated two-year build. Note that a new bond will be required before subsequent phases can move forward.

Phase 3: Phase 3 would consist of the demolition of MMHS Buildings F and I; the existing field house; and the modular buildings adjacent to the existing pool, and the construction of Buildings J, L and M, and Parking Lots E and F. Phase 3 is anticipated to begin after Phase 1 is completed and is estimated two-year build. Original timing had Phase 3 completed by Fall 2030.

Phase 4: Phase 4 would involve the demolition of MMHS Buildings K, J and J1; the pool and pool building; and Bus Barn, and the demolition and/or relocation of the Boys & Girls Club and construction of the new Buildings H and I. This phase would also require the demolition of the existing MMHS Building H. Phase 4 is anticipated to begin prior to the completion of Phase 3 and is an estimated one-year build.

Figure 2 – Phasing Plan
As shown in Figure 3, the MMHS campus is made up of nine parcels of which three are associated with the MMHS Campus Specific Plan. These parcels are outlined in yellow and identified as APNs 4469-017-900, 4469-018-903, and 4469-018-904.

Figure 3 – APN Exhibit
Attachment 4
Proposed Amendments to Local Coastal Program Amendment No. 21-002 (Exhibit A of Ordinance No. 501) per CCC Suggested Modifications to LCPA No. 21-002 The City’s proposed amendment language to the certified LCP as adopted by Ordinance No. 501 is shown in straight type. Language approved by the CCC to be modified is shown in redline strikethrough and underline.

LUP Chapter 3 – Marine and Land Resources
LUP Policies 3.23 and 3.25
LUP Policy 3.23
Development adjacent to ESHAs shall minimize impacts to habitat values or sensitive species to the maximum extent feasible. Native vegetation buffer areas shall be provided around ESHAs to serve as transitional habitat and provide distance and physical barriers to human intrusion. Buffers shall be of a sufficient size to ensure the biological integrity and preservation of the ESHA they are designed to protect. All buffers shall be a minimum of 100 feet in width, except for the cases addressed in Policy 3.27.

LUP Policy 3.24.

New development adjacent to parklands, where the purpose of the park is to protect the natural environment and ESHA, shall be sited and designed to minimize impacts to habitat and recreational opportunities, to the maximum extent feasible. Natural vegetation buffer areas shall be provided around parklands. Buffers shall be of a sufficient size to prevent impacts to parkland resources, but in no case shall they be less than 100 feet in width.

LUP Policy 3.25
New development, including, but not limited to, vegetation removal, vegetation thinning, or planting of non-native or invasive vegetation shall not be permitted in required ESHA or park buffer areas, except for those cases addressed in Policy 3.27. Habitat restoration and invasive plant eradication may be permitted within required buffer areas if designed to protect and enhance habitat values.

LUP Policy 3.27
a. Buffers shall be provided from coastal sage scrub and chaparral ESHA that are of sufficient width to ensure that no required fuel modification (Zones A, B, or C, if required) will extend into the ESHA and that no structures will be within 100 feet of the outer edge of the plants that comprise the habitat.
b. The following types of new development and redevelopment adjacent to riparian ESHA along the western edge of the Malibu Middle and High School Campus shall provide an ESHA buffer that is the maximum feasible width. but no less than 50 feet, and where impacts to riparian ESHA are fully mitigated in the form of riparian and upland habitat restoration so it does not significantly disrupt the ESHA habitat values:

1. ESHA and creek-related educational uses and permeable viewing pad areas;

2. Roadways (and associated retaining walls), road right-of-way, utilities, storm drains, and permeable pavement parking lots;

3. Fuel modification required by the California Department of Forestry and Fire Protection;

4. Exterior lighting solely for accessibility and safety purposes; and

5. Fences necessary for public safety, restoration, and protection of habitat.

LUP Policy 6.7
The height of structures shall be limited to minimize impacts to visual resources. The maximum allowable height, except for beachfront lots, shall be 18 feet above existing or finished grade, whichever is lower. On beachfront lots, or where found appropriate through Site Plan Review, the maximum height shall be 24 feet (flat roofs) or 28 feet (pitched roofs) above existing or finished grade, whichever is lower. Chimneys and rooftop antennas may be permitted to extend above the permitted height of the structure.

LIP Chapter 3 – Zoning Designations and Permitted Uses
LIP Section 3.4.6
LIP Section 3.4.7 – Malibu Middle and High School (MMHS) Campus Specific Plan Overlay District
The MMHS Campus Specific Plan Overlay District is intended to provide for the classification and development of a parcel or parcels of land as a coordinated, comprehensive project that will result in a more desirable development or physical environment than would be possible through the strict application of conventional zoning regulations and standards. The provisions of this section shall apply to the MMHS Campus (30215 Morning View Drive/APNs 4469-017-900, 4469-018-903, and 4469-18-904), as identified in the MMHS Campus Specific Plan Overlay District map.

A. Malibu Middle and High School Campus Specific Plan.

The provisions of this section provide custom development criteria and uses for the redevelopment of the MMHS campus, as described in MMHS Campus Specific Plan (August 2022), a plan which establishes the development standards and plan for the redevelopment of campus facilities in multiple phases to enhance and modernize facilities and improve campus circulation, as illustrated on the MMHS Campus Site Plan of the LIP.

B. Development Standards.

The Institutional Development Standards contained in LIP Section 3.9 shall not apply. The following are the development standards for the MMHS Campus Specific Plan Overlay District:

1. Height. Except as allowed in this section structures shall not exceed eighteen (18) feet above finished or natural grade, whichever results in lower building height, except for chimneys, rooftop antenna, and light standards. Notwithstanding the provisions of LIP Section 13.27.1(A)(8), all development proposed above eighteen (18) feet in height must require a Site Plan Review, pursuant to Section 13.27 of the Malibu LIP. Should a Site Plan Review be required, the entire development above eighteen (18) feet, including all roof projections, requires the installation of story poles to ensure private view protection. a. Building C: High School Building shall not exceed a maximum height of thirty-six (36) feet finished grade, except for chimneys, rooftop antenna, and light standards that shall not exceed forty-one (41) feet above finished grade.
b. Building D: Middle School Gym/Multi-Purpose Room and Student Activities and Food Service structures shall not exceed a maximum height of thirty-six (36) feet finished grade, except for chimneys, rooftop antenna, and light standards that shall not exceed forty (40) feet above finished grade.
c. Building H: Theater/Performing Arts shall not exceed a maximum height of forty-five (45) feet above finished grade.
d. Building J: High School Gym/Physical Education shall not exceed a maximum height of forty-five (45) feet above finished grade.
e. Building L: Aquatics Center/Field House shall not exceed a maximum height of twenty-eight (28) feet above finished grade, inclusive of chimneys, rooftop antenna, and light standards.
f. For all other buildings, roof-mounted mechanical equipment shall be integrated into the roof design, screened, and may project no more than two feet higher than the structure roof height (screens included).
g. In no event shall the maximum number of stories above grade be greater than two.

2. Yards/Setbacks.
a. Front yard setbacks shall be ten (10) feet from the street easement. b. Side yard setbacks shall be five feet. When adjacent to a residentially-zoned parcel(s) along a side yard, the setback shall be increased to ten (10) percent of the lot width or ten (10) feet, whichever is greater
c. Rear yard setbacks shall be five feet; however, when adjacent to a residentially-zoned parcel(s) along the rear yard, the setback shall be increased to fifteen (15) percent of the lot depth or fifteen (15) feet, whichever is greater.

3. Site-Specific Development Criteria. All proposed construction shall comply with the following site-specific development standards:
a. Structure Size. The gross floor area of all buildings on a given parcel shall be limited to a maximum Floor Area Ratio (FAR) of 0.15, or fifteen (15) percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements). Additional gross floor area may be approved by the city council, up to the maximum allowed for the parcel under the Land Use Plan, where additional significant public benefits and amenities are provided as part of the project.
b. Landscaping and Site Permeability. Twenty-five (25) percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements) shall be devoted to landscaping. The required five-foot landscape buffer around the perimeter of parking areas pursuant to Section 3.14.5 (E)(1) of the Malibu LIP shall count toward the twenty-five (25) percent requirement. An additional five percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements) shall be devoted to permeable surfaces.
c. All parking areas within the 100-foot ESHA buffer area shall be paved with permeable pavement, to allow stormwater runoff to infiltrate into the soil below. Suspended paving systems shall be constructed below the permeable paving to treat and slow stormwater runoff before it reaches the ESHA. The system shall be designed to provide treatment and storage for stormwater but also promote healthy tree growth within parking areas.

4. Wayfinding and Informational Signage
The provisions of LIP Section 3.15.3(J) shall not apply. The following describes the types of allowed signs:
a. Building Identification Signs. All buildings will have non-illuminated identification signs mounted flush to the wall to comply with public safety requirements. b. Marquee signs. Two double-sided monument signs would be allowed on Morning View Drive. The monument signs would be a maximum of five feet tall and contain an LED display screen, 10 mm pixel spacing with dimmable brightness that is oriented perpendicular to Morning View Drive facing east. The signs would be placed on concrete wall support and have an internally illuminated logo and must be turned off within one-half hour of all school events. Marquee sign lighting shall be dimmable in the evenings when not required for student/community communication.

5. Lighting.
a. All lighting at the MMHS campus, including pool lighting, shall be minimized, restricted to low intensity features, directed downward and away from ESHA, and shielded using the best available visor technology and pole height and design that minimizes light spill, sky glow, and glare impacts to public views and wildlife to the maximum extent feasible.
b. Sports field lighting shall be limited to the main sports field at Malibu High School.

All sport field lighting shall adhere to the standards of Malibu Local Coastal Program Local Implementation Plan Sections 4.6.2 and 6.5.G.
c. Pool lighting shall be limited to only the extent necessary to achieve safety illumination regulations per the Illuminating Engineering Society of North America (IESNA) for a Class II facility.
d. Pool lighting shall be turned off no later than ½ hour after aquatic use and safety perimeter lighting shall be turned off with all other automatic campus lighting. e. All outdoor lighting shall be extinguished by 11:00 p.m. or close of campus use. whichever is later, except for security lighting activated by motion sensor which extinguishes ten (10) minutes after activation and lighting at the building entrances and driveway egress points.

6. Grading.

The grading requirements of LIP Section 3.8(B) shall not apply. Grading shall not exceed the following quantities, inclusive of all grading categories without distinction between exempt, nonexempt, and remedial grading:

Phase Cut (cy) Fill (cy) Project Phase Total
(cy)
1 35,200 10,400 45,600
2 5,175 - 5,175
3 25,300 14,000 39,300
4 10,000 33,350 43,350
Total 40,475 47,350 87,825
The export of cut material may be required to preserve the natural topography of the project site. Cut material may only be exported to an appropriate landfill or a site permitted to accept material.

7. Permitted Uses in ESHA Buffer
The following types of new development and redevelopment, as provided in the Malibu Middle and High School Campus Specific Plan Overlay District, shall provide an ESHA buffer that is the maximum feasible width extent but no less than 50 feet and where fully mitigated in conjunction with the ESHA Habitat Restoration Plan requirements of subsection 8 below, so that it does not significantly disrupt the habitat values of ESHA:
a. ESHA and creek-related educational uses and permeable pads for viewing areas; b. Roadways (and associated retaining walls), road rights-of-way, utilities, storm drains, and permeable parking lots in a manner that involves no increase in development footprint for the portion within the habitat buffer area. If the improvement involves relocation, the new site shall be located no closer to ESHAs, wetlands, or creeks than the existing site and shall minimize encroachment into the habitat buffer to the maximum extent feasible;
c. Fuel modification required by the California Department of Forestry and Fire Protection;
d. Exterior lighting solely for accessibility and safety purposes; and e. Fences necessary for public safety, restoration, and protection of habitat.

8. ESHA Restoration Plan
a. Habitat Restoration Plan
To allow for clustering of new development within the existing, developed portions of the MMHS Campus. limited development may have a reduced buffer of less than 100 feet from the creek located on the western side of campus, as specifically allowed pursuant to subsection 7 above. Habitat buffers less than 100 feet place these habitat areas at risk of significant degradation caused by the adjacent development. The applicant shall mitigate the adverse impacts of reduced buffers by providing mitigation for all ESHA that will not have a 100-foot buffer from development.

As a condition of approval of and prior to issuance of a coastal development permit for new development requiring a less than 100-foot ESHA buffer within the overlay district, the applicant shall be required to submit for review and approval by the City Biologist, a final revised Habitat Restoration Plan that shall substantially conform to the “Habitat Restoration Plan for MMHS Campus. Malibu” (PSOMAS. 2021) “ESHA Restoration Map Nos. 1, 2, and 3” of the LIP, and incorporates the following phased restoration work:
(1) During Phase 1 demolition of hardscape within the 100-foot buffer of the downstream area, the habitat restoration plan shall require weed abatement along the upstream, middle, and downstream riparian and upland habitat, broadcast of native seed in the downstream riparian and upland habitat as well as upstream upland habitat, and planting of native stock in the downstream riparian and upland habitat. Bank stability improvements and erosion control would occur in the upstream, middle, and downstream portions of the ESHA during Phase 1, which include the proposed pedestrian trail and new roadways. (2) During Phase 4 demolition of developed hardscape areas within the 100-foot buffer of the upstream and middle stream area, the habitat restoration plan shall require restoration of the upland area of the upstream and middle stream portion of the habitat. Upon completion of Phase 4, the pedestrian trail would be completed and connected to existing trails on the campus. b. Habitat Restoration Plan Implementation
As a condition of approval for Phase 1 and Phase 4 development requiring a less than 100-foot ESHA buffer within the overlay district, the applicant shall be required to implement the final approved Habitat Restoration Plan required pursuant to subsection a above. Restoration work under the final Habitat Restoration Plan shall be carried out prior to or concurrently with construction of the development project. Maintenance and monitoring of the restoration shall commence immediately after installation and continue for five years in each portion of the riparian and upland habitat areas (downstream, middle, and upstream). In any case, the implementation portion of the ESHA restoration project described in 8(a)(1) and 8(a)(2) above, shall be complete prior to the issuance of certificates of occupancy for any structures approved in the coastal development permit. Any proposed changes to the approved Habitat Restoration Plan must be approved by the City Biologist and reported to the Executive Director of the Coastal Commission.

Chapter 3 – Signs
LIP Section 3.15.3(J) – Prohibited Signs.

Automatic changing signs or electronic message center signs, except for public service time and temperature signs, and public safety signs such as changeable traffic message signs.

Chapter 4 – Environmentally Sensitive Habitat Area Overlay LIP Chapter 4.5. PERMITTED USES
LIP Section 4.5.4 Environmentally Sensitive Habitat Buffers

1. Public accessways and trails, including directional signs

2. Interpretive signage designed to provide information about the value and protection of the resources

3. Restoration projects where the primary purpose is restoration of the habitat.

4. Invasive plant eradication projects if they are designed to protect and enhance habitat values.

4.6.1. Buffers
New development adjacent to the following habitats shall provide native vegetation buffer areas to serve as transitional habitat and provide distance and physical barriers to human intrusion.

Buffers shall be of a sufficient size to ensure the biological integrity and preservation of the habitat they are designed to protect.

Vegetation removal, vegetation thinning, or planting of non-native or invasive vegetation shall not be permitted within buffers except as provided in Section 4.6.1 (E) or (F) of the Malibu LIP. The following buffer standards shall apply:

1. Stream/Riparian
New development shall provide a buffer of no less than 100 feet in width from the outer edge of the canopy of riparian vegetation. Where riparian vegetation is not present, the buffer shall be measured from the outer edge of the bank of the subject stream.

However, in the Point Dume area, new development shall be designed to avoid encroachment on slopes of 25 percent grade or steeper.

2. Wetlands
New development shall provide a buffer of no less than 100 feet in width from the upland limit of the wetland.

3. Woodland ESHA
New development shall provide a buffer of no less than 100 feet in width from the outer edge of the tree canopy for oak or other native woodland.

4. Coastal Bluff ESHA
New development shall provide a buffer of no less than 100 feet from the bluff edge.

5. Coastal Sage Scrub ESHA
New development shall provide a buffer of sufficient width to ensure that no required fuel modification area (Zones A, B, and C, if required) will extend into the ESHA and that no structures will be within 100 feet of the outer edge of the plants that comprise the coastal sage scrub plant community.

6. Chaparral ESHA
New development shall provide a buffer of sufficient width to ensure that no required fuel modification area (Zones A, B, and C, if required) will extend into the ESHA and that no structures will be within 100 feet of the outer edge of the plants that comprise the chaparral plant community.

7. Other ESHA
For other ESHA areas not listed above, the buffer recommended by the Environmental Review Board or City biologist, in consultation with the California Department of Fish and Game, as necessary to avoid adverse impacts to the ESHA shall be required.

Attachment 5
Proposed Corollary Amendments to Zoning Text Amendment No. 22-002 (Exhibit B of Ordinance No. 501) per CCC Suggested Modifications to LCPA No. 21-002 The City’s proposed amendment language to Title 17 (Zoning) of the MMC as adopted by Ordinance No. 501 is shown in straight type. Corollary amendments based on language approved by the CCC to be modified in LCPA No. 21-002 is shown in redline strikethrough and underline.

MMC Chapter 17.42 – Custom Development Criteria
MMC Section 17.42.020(M)
M. Malibu Middle and High School (MMHS) Specific Plan Overlay District The MMHS Campus Specific Plan Overlay District is intended to provide for the classification and development of a parcel or parcels of land as a coordinated, comprehensive project that will result in a more desirable development or physical environment than would be possible through the strict application of conventional zoning regulations and standards. The provisions of this section shall apply to the MMHS Campus (30215 Morning View Drive/APNs 4469-017-900, 4469-018-903, and 4469-18-904), as identified in the MMHS Campus Specific Plan Overlay District map.

1. Malibu Middle and High School Campus Specific Plan.

The provisions of this section provide custom development criteria and uses for the redevelopment of the MMHS campus, as described in MMHS Campus Specific Plan (August 2022), a plan which establishes the development standards and plan for the redevelopment of campus facilities in multiple phases to enhance and modernize facilities and improve campus circulation, as illustrated on the MMHS Campus Site Plan of the LIP.

2. Development Standards.

The institutional development standards contained in Section 17.40.110 shall not apply. The following are the development standards for the MMHS Campus Specific Plan Overlay District:
a. Height. Except as allowed in this section structures shall not exceed eighteen (18) feet above finished or natural grade, whichever results in lower building height, except for chimneys, rooftop antenna, and light standards. Notwithstanding the provisions of Section

17.62.040(A)(12), all development proposed above eighteen (18) feet in height must require a Site Plan Review, pursuant to Sections 17.62.040 and 17.62.060 of the Malibu Municipal Code. Should a Site Plan Review be required, the entire development above eighteen (18) feet, including all roof projections, requires the installation of story poles to ensure private view protection.
i. Building C: High School Building shall not exceed a maximum height of thirty-six (36) feet finished grade, except for chimneys, rooftop antenna, and light standards that shall not exceed forty-one (41) feet above finished grade.
ii. Building D: Middle School Gym/Multi-Purpose Room and Student Activities and Food Service structures shall not exceed a maximum height of thirty-six (36) feet finished grade, except for chimneys, rooftop antenna, and light standards that shall not exceed forty (40) feet above finished grade.
iii. Building H: Theater/Performing Arts shall not exceed a maximum height of forty-five (45) feet above finished grade.
iv. Building J: High School Gym/Physical Education shall not exceed a maximum height of forty-five (45) feet above finished grade.
v. Building L: Aquatics Center/Field House shall not exceed a maximum height of twenty-eight (28) feet above finished grade, inclusive of chimneys, rooftop antenna, and light standards.
vi. For all other buildings, roof-mounted mechanical equipment shall be integrated into the roof design, screened, and may project no more than two feet higher than the structure roof height (screens included).
vii. In no event shall the maximum number of stories above grade be greater than two. b. Yards/Setbacks.
i. Front yard setbacks shall be ten (10) feet from the street easement. ii. Side yard setbacks shall be five feet. When adjacent to a residentially-zoned parcel(s) along a side yard, the setback shall be increased to ten (10) percent of the lot width or ten (10) feet, whichever is greater.
iii. Rear yard setbacks shall be five feet; however, when adjacent to a residentially-zoned parcel(s) along the rear yard, the setback shall be increased to fifteen (15) percent of the lot depth or fifteen (15) feet, whichever is greater. c. Site-Specific Development Criteria. All proposed construction shall comply with the following site-specific development standards:
i. Structure Size. The gross floor area of all buildings on a given parcel shall be limited to a maximum Floor Area Ratio (FAR) of 0.15, or fifteen (15) percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements). Additional gross floor area may be approved by the city council, up to the maximum allowed for the parcel under the general plan, where additional significant public benefits and amenities are provided as part of the project.
ii. Landscaping and Site Permeability. Twenty-five (25) percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements) shall be devoted to landscaping. The required five-foot landscape buffer around the perimeter of parking areas pursuant to Section 17.48.050(E) shall count toward the twenty-five (25) percent requirement. An additional five percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements) shall be devoted to permeable surfaces. iii. Pool and pool deck lighting must be consistent with the Malibu Dark Sky Ordinance. iv. All parking areas within the 100-foot ESHA buffer area shall be paved with permeable pavement, to allow stormwater runoff to infiltrate into the soil below. Suspended paving systems shall be constructed below the permeable paving to treat and slow stormwater runoff before it reaches the ESHA. The system shall be designed to provide treatment and storage for stormwater but also promote healthy tree growth within parking areas.
d. Wayfinding and Informational Signage
The following describes the types of allowed signs pursuant to the MMHS Campus Specific Plan:
i. Building Identification Signs. All buildings will have non-illuminated identification signs mounted flush to the wall to comply with public safety requirements. ii. Marquee signs. Two double-sided monument signs would be allowed on Morning View Drive. The monument signs would be a maximum of five feet tall and contain an LED display screen, 10 mm pixel spacing with dimmable brightness that is perpendicular to Morning View Drive facing east. The signs would be placed on concrete wall support and have an internally illuminated logo and must be turned off within one-half hour of all school events. Marquee sign lighting shall be dimmable in the evenings when not required for student/community communication.
e. Lighting.
i. All lighting at the MMHS campus, including pool lighting, shall be minimized, restricted to low intensity features, directed downward and away from ESHA, and shielded using the best available visor technology and pole height and design that minimizes light spill, sky glow, and glare impacts to public views and wildlife to the maximum extent feasible.
ii. Sports field lighting shall be limited to the main sports field at Malibu High School.

All sport field lighting shall adhere to the standards of Malibu Local Coastal Program Local Implementation Plan Sections 4.6.2 and 6.5.G.
iii. Pool lighting shall be limited to only the extent necessary to achieve safety illumination regulations per the Illuminating Engineering Society of North America (IESNA) for a Class II facility.
iv. Pool lighting shall be turned off no later than ½ hour after aquatic use and safety perimeter lighting shall be turned off with all other automatic campus lighting. v. All outdoor lighting shall be extinguished by 11:00 p.m. or close of campus use. whichever is later, except for security lighting activated by motion sensor which extinguishes ten (10) minutes after activation and lighting at the building entrances and driveway egress points.
f. Grading.

The grading requirements of LIP Section 3.8(B) shall not apply. Grading shall not exceed the following quantities, inclusive of all grading categories without distinction between exempt, nonexempt, and remedial grading:

Phase Cut (cy) Fill (cy) Project Phase Total
(cy)
1 35,200 10,400 45,600
2 5,175 - 5,175
3 25,300 14,000 39,300
4 10,000 33,350 43,350
Total 40,475 47,350 87,825
The export of cut material may be required to preserve the natural topography of the project site. Cut material may only be exported to an appropriate landfill or a site permitted to accept material.
g. Permitted Uses in ESHA Buffer
The following types of new development and redevelopment, as provided in the Malibu Middle and High School Campus Specific Plan Overlay District, shall provide an ESHA buffer that is the maximum feasible width extent but no less than 50 feet and where fully mitigated in conjunction with the ESHA Habitat Restoration Plan requirements of subsection h below, so that it does not significantly disrupt the habitat values of ESHA:
i. ESHA and creek-related educational uses and permeable pads for viewing areas; ii. Roadways (and associated retaining walls), road rights-of-way, utilities, storm drains, and permeable parking lots in a manner that involves no increase in development footprint for the portion within the habitat buffer area. If the improvement involves relocation, the new site shall be located no closer to ESHAs, wetlands, or creeks than the existing site and shall minimize encroachment into the habitat buffer to the maximum extent feasible;
iii. Fuel modification required by the California Department of Forestry and Fire Protection;
iv. Exterior lighting solely for accessibility and safety purposes; and v. Fences necessary for public safety, restoration, and protection of habitat. h. ESHA Restoration Plan
i. Habitat Restoration Plan
To allow for clustering of new development within the existing, developed portions of the MMHS Campus. limited development may have a reduced buffer of less than 100 feet from the creek located on the western side of campus, as specifically allowed pursuant to subsection f above. Habitat buffers less than 100 feet place these habitat areas at risk of significant degradation caused by the adjacent development. The applicant shall mitigate the adverse impacts of reduced buffers by providing mitigation for all ESHA that will not have a 100-foot buffer from development.

As a condition of approval of and prior to issuance of a coastal development permit for new development requiring a less than 100-foot ESHA buffer within the overlay district, the applicant shall be required to submit for review and approval by the City Biologist, a final revised Habitat Restoration Plan that shall substantially conform to the “Habitat Restoration Plan for MMHS Campus. Malibu” (PSOMAS. 2021) “ESHA Restoration Map Nos. 1, 2, and 3” of the LIP, and incorporates the following phased restoration work:
(1) During Phase 1 demolition of hardscape within the 100-foot buffer of the downstream area, the habitat restoration plan shall require weed abatement along the upstream, middle, and downstream riparian and upland habitat, broadcast of native seed in the downstream riparian and upland habitat as well as upstream upland habitat, and planting of native stock in the downstream riparian and upland habitat. Bank stability improvements and erosion control would occur in the upstream, middle, and downstream portions of the ESHA during Phase 1, which include the proposed pedestrian trail and new roadways. (2) During Phase 4 demolition of developed hardscape areas within the 100-foot buffer of the upstream and middle stream area, the habitat restoration plan shall require restoration of the upland area of the upstream and middle stream portion of the habitat. Upon completion of Phase 4, the pedestrian trail would be completed and connected to existing trails on the campus. ii. Habitat Restoration Plan Implementation
As a condition of approval for Phase 1 and Phase 4 development requiring a less than 100-foot ESHA buffer within the overlay district, the applicant shall be required to implement the final approved Habitat Restoration Plan required pursuant to subsection i above. Restoration work under the final Habitat Restoration Plan shall be carried out prior to or concurrently with construction of the development project. Maintenance and monitoring of the restoration shall commence immediately after installation and continue for five years in each portion of the riparian and upland habitat areas (downstream, middle, and upstream). In any case, the implementation portion of the ESHA restoration project described in subsections (h)(i)(1) and (h)(i)(2) above, shall be complete prior to the issuance of certificates of occupancy for any structures approved in the coastal development permit. Any proposed changes to the approved Habitat Restoration Plan must be approved by the City Biologist and reported to the Executive Director of the Coastal Commission.

Chapter 17.52 – Signs
MMC Section 17.52.040(J) – Prohibited Signs.

Automatic changing signs or electronic message center signs, except for public service time and temperature signs, and public safety signs such as changeable traffic message signs.

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
(805) 585-1800
F8a
DATE: August 24, 2023
TO: Commissioners and Interested Persons
FROM: Steve Hudson, District Director
Barbara Carey, District Manager
Deanna Christensen, District Supervisor
Denise Gonzalez, Coastal Program Analyst
SUBJECT: City of Malibu Local Coastal Program Amendment No. LCP-4-MAL-22- 0043-1 (Malibu Middle and High School Campus Specific Plan) for September 8, 2023 Commission Meeting

SUMMARY OF STAFF RECOMMENDATION
The City of Malibu’s (“City”) proposed Local Coastal Program (LCP) Amendment No. LCP4-MAL-22-0043-1 consists of changes to the Land Use Plan (LUP) and Local Implementation Plan (LIP) portions of its certified LCP. Staff recommends that the Commission, after public hearing, deny the proposed LUP/LIP amendments as submitted and approve the proposed LUP amendment with three suggested modifications and the proposed LIP amendment with nine suggested modifications. The modifications are necessary to ensure that the proposed LUP amendment is consistent with and meets the requirements of the policies of Chapter 3 of the Coastal Act and the proposed LIP amendment conforms with, and is adequate to carry out, the provisions of the certified LUP, as amended. The motions to accomplish these recommendations are found on Pages 7-9 of this staff report.

The City is requesting an amendment to the LUP and LIP portions of its certified LCP to accommodate the redevelopment of campus facilities (“project”) at the Malibu Middle and High School (MMHS) Campus at 30215 Morning View Drive (APNs 4469-017-900, 4469- 018-903, and 4469-018-904) (“subject site”). Specifically, the LUP amendment proposes to modify existing LUP Policy 3.24 to allow certain types of new development to be designed with a reduced buffer setback from environmentally sensitive habitat areas (ESHA) from the standard 100 feet to 50 feet. The LIP amendment proposes the creation of a new overlay district (MMHS Campus Specific Plan) with special development standards to facilitate the redevelopment of campus facilities in multiple phases to enhance and modernize facilities and improve campus circulation on the subject site, as generally described in the Malibu Middle and High School Campus Specific Plan (“Specific Plan”). The amendment also includes increasing the development’s allowable building heights higher than permitted under the existing LCP and modifying the development setbacks from ESHA areas to facilitate the proposed project. Additionally, the LIP amendment incorporates the proposed site plan and proposed habitat restoration plans for the MMHS Campus Specific Plan Attachment 6
LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
2 project as maps under Appendix B of the LIP. Although the project-driven LCP amendment is based on the development proposed in the Specific Plan, the City Council action on the LCPA does not incorporate the Specific Plan into the LCP but rather incorporates individual development standards to accommodate the campus project into a new overlay district within the LCP.

The standard of review for the changes to the Land Use Plan is whether the amendment meets the requirements of and is consistent with the policies of Chapter 3 of the Coastal Act. The standard of review for the proposed changes to the Local Implementation Plan is whether the amendment conforms with and is adequate to carry out the provisions of the Land Use Plan portion of the certified City of Malibu LCP as amended.

The subject MMHS Campus property is located within the Malibu Park neighborhood in west Malibu. The campus is developed with elementary, middle, and high school facilities, including classrooms and administrative buildings, parking lots, a bus barn, a swimming pool, and sports fields. The campus is set amongst rolling hills at the base of the Santa Monica Mountains, and its buildings and athletic fields are terraced into a semi-rural hillside setting surrounded by residential properties. The Malibu LCP designates stream ESHA along the campus’ western property line. The stream extends approximately 1,088 feet and varies between approximately 24 and 85 feet wide. The proposed campus redevelopment project includes siting new development consisting of habitat viewing pad areas/outdoor learning spaces, trails, roadways, storm drains, permeable pavement parking lots, fuel modification, exterior lighting, and fencing within 50 feet to 100 feet of this ESHA habitat, along with restoration of the ESHA through the removal of existing hardscape, invasive plant species, and planting, maintenance, and monitoring of native plant species in riparian and upland areas of the stream corridor. The LCP amendment includes requirements for minimum ESHA buffer, allowable uses, and restoration phasing.

However, as proposed, the LUP and LIP amendments are inadequate in ensuring that new development will avoid and/or minimize impacts to ESHA, provide adequate buffers from ESHA, and mitigate impacts that cannot be avoided through the implementation of siting and design alternatives. The proposed amendments are written too broadly in the types of development uses that would be allowed within the ESHA buffer, did not include specific provisions requiring ESHA impacts from development with a reduced ESHA buffer to be fully mitigated, and did not require development standards for pool lighting to ensure pool lighting is minimized and directed away from ESHA. To ensure consistency with Coastal Act Section 30240 and relevant LUP ESHA protection policies, Suggested Modification Two (2) and Seven (7) modifies the proposed language to limit the types of development to only those that are a part of the project proposed under the MMHS Campus Specific Plan, and adds clarifying language that these types of development are only allowed “where fully mitigated in the form of riparian habitat restoration so it does not significantly disrupt the ESHA habitat values.”
Furthermore, the proposed overlay district ESHA Restoration Plan LIP Section 3.4.6(7) did not include implementing language or requirements for why, when, and how the onsite riparian habitat restoration plan must be implemented. Therefore, to ensure the trade-off of ESHA restoration for reduced ESHA buffers proposed in the subject LCP amendment is implemented accordingly, Suggested Modification Eight (8) adds language clarifying that LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
3 the proposed restoration plan is mitigation for allowing new development within the existing developed portions of the MMHS Campus, may have a reduced buffer of less than 100 feet from the creek, and the applicant is required to mitigate the adverse impacts of reduced ESHA buffers by providing mitigation for all ESHA that will not have a 100-foot buffer from development.

Additionally, Suggested Modification Five (5) adds a new development standards section under the proposed overlay district (LIP Section 3.4.6(A)(5)) to incorporate provisions to ensure that the pool lighting shall be minimized, directed downward and away from ESHA, and shielded using the best available visor technology and pole height and design that minimizes light spill, sky glow, and glare impacts to public views and wildlife to the maximum extent feasible. The remaining suggested modifications are necessary clarifications to LIP text and figures that further the intent and implementation of the LCP, ensure internal consistency, and avoid ambiguity.

For the reasons described in this report, Staff recommends that the Commission find that the proposed LUP amendment, only if modified as suggested, is consistent with and meets the requirements of the policies of Chapter 3 of the Coastal Act, and find the proposed LIP amendment, only if modified as suggested, is consistent with and adequate to carry out the applicable policies of the certified LUP as amended.

LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
4 Table of Contents
I. PROCEDURAL OVERVIEW........................................................................... 6 A. Standard of Review..................................................................................................... 6 B. Procedural Requirements............................................................................................ 6 C. Public Participation...................................................................................................... 7 II. STAFF RECOMMENDATION, MOTIONS, AND RESOLUTIONS FOR THE LAND USE PLAN AMENDMENT.................................................................... 7 A. DENIAL OF THE LAND USE PLAN AMENDMENT AS SUBMITTED......................... 7 B. CERTIFICATION OF THE LAND USE PLAN AMENDMENT IF MODIFIED............... 8 III. STAFF RECOMMENDATION, MOTIONS, AND RESOLUTIONS FOR THE LOCAL IMPLEMENTATION PLAN AMENDMENT......................................... 8 A. DENIAL OF THE LOCAL IMPLEMENTATION PLAN AS SUBMITTED...................... 8 B. APPROVAL OF THE LOCAL IMPLEMENTATION PLAN AMENDMENT WITH SUGGESTED MODIFICATIONS ................................................................................ 9 IV. SUGGESTED MODIFICATIONS ON THE LAND USE PLAN AMENDMENT 10 V. SUGGESTED MODIFICATIONS ON THE LOCAL IMPLEMENTATION PLAN AMENDMENT............................................................................................... 12 VI. FINDINGS FOR DENIAL OF THE LUP/LIP AMENDMENT, AS SUBMITTED,

AND APPROVAL OF THE LUP/LIP AMENDMENT, IF MODIFIED AS
SUGGESTED................................................................................................ 20 A. Amendment Description and Background................................................................. 20 B. Environmentally Sensitive Habitat Areas and Water Quality..................................... 23 C. Scenic and Visual Resources and LCP Administration ............................................. 33 D. California Environmental Quality Act......................................................................... 37 Exhibits
Exhibit 1 – Proposed LUP Amendment Text Changes in Strikethrough/Underline Exhibit 2 – Proposed LIP Amendment Text Changes in Strikethrough/Underline Exhibit 3 – Proposed Zoning Map No. 2
Exhibit 4 – Proposed MMHS Campus Specific Plan Site Plan Exhibit 5 – Proposed MMHS Campus Specific Plan Restoration Maps LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
5 Exhibit 6 – Vicinity Map
Exhibit 7 – Aerial View of the Subject Parcels
Exhibit 8 – Parcel Map
Exhibit 9 – MMHS Campus Specific Plan Construction Phasing Plan Exhibit 10 - Habitat Restoration Plan for MMHS Campus, Malibu (PSOMAS, 2021) LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
6 I. PROCEDURAL OVERVIEW
A. Standard of Review
The Coastal Act provides:

The Commission shall certify a land use plan, or amendments thereto, if it finds that a land use plan meets the requirements of, and is in conformity with, the policies of Chapter 3 (commencing with Section 30200) … (Section 30512(c)) The local government shall submit to the Commission the zoning ordinances, zoning district maps, and, where necessary, other implementing actions that are required pursuant to this chapter…(Section 30513)
…The Commission may only reject zoning ordinances, zoning district maps, or other implementing actions on the grounds that they do not conform with, or are inadequate to carry out, the provisions of the certified land use plan. If the Commission rejects the zoning ordinances, zoning district maps, or other implementing actions, it shall give written notice of the rejection, specifying the provisions of the land use plan with which the rejected zoning ordinances do not conform, or which it finds will not be adequately carried out together with its reasons for the action taken…(Section 30513)
The Commission may suggest modifications in the rejected zoning ordinances, zoning district maps, or other implementing actions, which, if adopted by the local government and transmitted to the commission, shall be deemed approved upon confirmation by the executive director...(Section 30513) Any proposed amendments to a certified local coastal program shall be submitted to, and processed by, the commission in accordance with the applicable procedures and time limits specified in Sections 30512 and 30513… (Section 30514(b)) Pursuant to Section 30512(c), the standard of review that the Commission utilizes in reviewing the adequacy of the proposed amendment to the City’s certified land use plan (LUP) is whether the proposed amendment is consistent with, and meets the requirements of, the policies of Chapter 3 of the Coastal Act. The standard of review for the proposed amendment to the City’s certified local implementation plan (LIP), pursuant to Sections 30513 and 30514(b) of the Coastal Act, is whether the proposed amendment is in conformance with, and adequate to carry out, the provisions of the LUP portion of the City’s certified local coastal program (LCP).

B. Procedural Requirements
If the Commission certifies the LCP amendment as submitted, no further City Council action will be necessary pursuant to Section 13544(b)(2) of Title 14 of the California Code of Regulations. Should the Commission deny the LCP Amendment, as submitted, without suggested modifications, no further action is required by either the Commission or the City LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
7 Council, and the LCP amendment is not effective, pursuant to Section 13542(f). Should the Commission deny the LCP Amendment, as submitted, but then approve it with suggested modifications, then the City Council may consider accepting the suggested modifications and submitting them by resolution to the Executive Director for a determination that the City Council’s acceptance is consistent with the Commission's action. In that scenario, pursuant to Section 13544(c) of Title 14 of the California Code of Regulations, the modified LCP Amendment will become final when the Executive Director reports the determination that the local government's action is legally adequate to the Commission at its next regularly scheduled public meeting. If the City Council does not accept the suggested modifications within six months of the Commission’s action, then the LCP amendment remains uncertified and not effective.

C. Public Participation
Section 30503 of the Coastal Act requires public input in the preparation, approval, certification, and amendment of any LCP. The City held public hearings on this amendment and received oral and written comments regarding the proposed changes from concerned parties and members of the public. The hearings were duly noticed, consistent with the provisions of Section 13515 of Title 14 of the California Code of Regulations. Notice of the Coastal Commission’s consideration of the subject amendment has been distributed to all known interested parties.

II. STAFF RECOMMENDATION, MOTIONS, AND RESOLUTIONS

FOR THE LAND USE PLAN AMENDMENT
Following public hearing, staff recommends the Commission adopt the following resolution and findings. The appropriate motion to introduce the resolution and a staff recommendation is provided.

A. DENIAL OF THE LAND USE PLAN AMENDMENT AS SUBMITTED
MOTION I:

I move that the Commission certify Land Use Plan Amendment No. LCP-4-MAL-22- 0043-1 as submitted by the City of Malibu.

STAFF RECOMMENDATION OF DENIAL:

Staff recommends a NO vote. Failure of this motion will result in denial of the Land Use Plan amendment as submitted and the adoption of the following resolution and findings.

The motion passes only by an affirmative vote of a majority of the appointed Commissioners.

RESOLUTION TO DENY AS SUBMITTED:

The Commission hereby denies certification of the City of Malibu Land Use Plan LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
8 Amendment No. LCP-4-MAL-22-0043-1 as submitted by the City of Malibu and adopts the findings set forth below on the grounds that the amendment as submitted does not meet the requirements of and is not in conformity with the policies of Chapter 3 of the Coastal Act. Certification of the Land Use Plan amendment would not meet the requirements of the California Environmental Quality Act, as there are feasible alternatives and mitigation measures that would substantially lessen the significant adverse impacts on the environment that will result from certification of the land use plan amendment as submitted.

B. CERTIFICATION OF THE LAND USE PLAN AMENDMENT IF MODIFIED MOTION II:

I move that the Commission certify Land Use Plan Amendment No. LCP-4-MAL-22- 0043-1 for the City of Malibu if it is modified as suggested in this staff report.

STAFF RECOMMENDATION TO CERTIFY WITH SUGGESTED MODIFICATIONS:

Staff recommends a YES vote. Passage of this motion will result in certification of the amendment with suggested modifications and adoption of the following resolution and findings. The motion passes only by an affirmative vote of a majority of the appointed Commissioners.

RESOLUTION TO CERTIFY WITH SUGGESTER MODIFICATIONS:

The Commission hereby certifies the City of Malibu Land Use Plan Amendment No. LCP4-MAL-22-0043-1, if modified as suggested, and adopts the findings set forth below on the grounds that the amendment with the suggested modifications will meet the requirements of and be in conformity with the policies of Chapter 3 of the Coastal Act. Certification of the Land Use Plan amendment, if modified as suggested, complies with the California Environmental Quality Act, because either 1) feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the land use plan amendment on the environment, or 2) there are no further feasible alternatives or mitigation measures that would substantially lessen any significant adverse impacts which the land use plan amendment may have on the environment.

III. STAFF RECOMMENDATION, MOTIONS, AND

RESOLUTIONS FOR THE LOCAL IMPLEMENTATION PLAN

AMENDMENT
Following public hearing, staff recommends the Commission adopt the following resolutions and findings. The appropriate motion to introduce the resolution and a staff recommendation is provided prior to each resolution.

A. DENIAL OF THE LOCAL IMPLEMENTATION PLAN AS SUBMITTED MOTION I:

LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
9 I move that the Commission reject Local Implementation Plan Amendment No. LCP4-MAL-22-0043-1 as submitted by the City of Malibu.

STAFF RECOMMENDATION OF DENIAL:

Staff recommends a YES vote. Passage of this motion will result in denial of the Implementation Plan Amendment as submitted and adoption of the following resolution and findings. The motion passes only by an affirmative vote of a majority of the appointed Commissioners.

RESOLUTION TO DENY AS SUBMITTED:

The Commission hereby denies certification of the Local Implementation Plan Amendment No. LCP-4-MAL-22-0043-1 as submitted by the City of Malibu and adopts the findings set forth below on the grounds that the Local Implementation Plan Amendment, as submitted, does not conform with, and is inadequate to carry out, the provisions of the certified Land Use Plan. Certification of the Local Implementation Plan Amendment would not meet the requirements of the California Environmental Quality Act, as there are feasible alternatives and mitigation measures that would substantially lessen the significant adverse impacts on the environment that will result from certification of the local implementation plan amendment as submitted.

B. APPROVAL OF THE LOCAL IMPLEMENTATION PLAN AMENDMENT

WITH SUGGESTED MODIFICATIONS
MOTION II:

I move that the Commission certify Local Implementation Plan Amendment No. LCP4-MAL-22-0043-1 for the City of Malibu if it is modified as suggested in this staff report.

STAFF RECOMMENDATION TO CERTIFY WITH SUGGESTED MODIFICATIONS:

Staff recommends a YES vote. Passage of this motion will result in certification of the local implementation plan amendment with suggested modifications and adoption of the following resolution and findings. The motion passes only by an affirmative vote of a majority of the appointed Commissioners.

RESOLUTION TO CERTIFY WITH SUGGESTED MODIFICATIONS:

The Commission hereby certifies the Local Implementation Plan Amendment No. LCP-4- MAL-22-0043-1 for the City of Malibu, if modified as suggested, and adopts the findings set forth below on the grounds that the local implementation plan amendment with the suggested modifications will meet the requirements of and be in conformity with the policies of the Land Use Plan as amended. Certification of the local implementation plan amendment, if modified as suggested, complies with the California Environmental Quality Act, because either 1) feasible mitigation measures and/or alternatives have been LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
10 incorporated to substantially lessen the any significant adverse effects of the land use plan amendment on the environment, or 2) there are no further feasible alternatives or mitigation measures that would substantially lessen any significant adverse impacts which the local implementation plan amendment may have on the environment.

IV.SUGGESTED MODIFICATIONS ON THE LAND USE PLAN

AMENDMENT
The Commission finds and suggests that the following three suggested modifications to the proposed LUP amendment are necessary to ensure the LUP is consistent with the Coastal Act. Existing language of the certified Local Implementation Plan is shown in straight type. Language proposed to be added by the City of Malibu in this amendment is shown in underlined. Language proposed to be deleted by the City of Malibu in this amendment is shown as strikethrough. The Commission’s additions are double underlined, and language to be deleted is shown in double strikethrough.

Suggested Modification No. 1
Land Use Plan Policies 3.23 and 3.25 shall be modified as follows:

LUP Policy 3.23:

Development adjacent to ESHAs shall minimize impacts to habitat values or sensitive species to the maximum extent feasible. Native vegetation buffer areas shall be provided around ESHAs to serve as transitional habitat and provide distance and physical barriers to human intrusion. Buffers shall be of a sufficient size to ensure the biological integrity and preservation of the ESHA they are designed to protect. All buffers shall be a minimum of 100 feet in width, except for the cases addressed in Policy 3.27.

LUP Policy 3.25:

New development, including, but not limited to, vegetation removal, vegetation thinning, or planting of non-native or invasive vegetation shall not be permitted in required ESHA or park buffer areas, except for thoseat cases addressed in Policy 3.27. Habitat restoration and invasive plant eradication may be permitted within required buffer areas if designed to protect and enhance habitat values.

Suggested Modification No. 2
Delete added Land Use Plan Policy 3.24 language and revert to certified language as shown below. Land Use Plan Policy 3.27 shall be modified as follows:

LUP Policy 3.24:

New development adjacent to parklands, where the purpose of the park is to protect the LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
11 natural environment and ESHA, shall be sited and designed to minimize impacts to habitat and recreational opportunities, to the maximum extent feasible. Natural vegetation buffer areas shall be provided around parklands. Buffers shall be of a sufficient size to prevent impacts to parkland resources, but in no case shall they be less than 100 feet in width. The following types of new development and substantial redevelopment, as provided in the Malibu Middle and High School Campus Specific Plan, may provide a 50-foot ESHA buffer, if it does not significantly disrupt the ESHA habitat values:

1. Habitat creation, restoration, and/or enhancement activities;

2. Public accessways, trails, and associated minor improvements;

3. Directional, educational, and interpretive signs;

4. ESHA and creek-related educational uses and viewing platforms;

5. Relocation of existing roads, road rights-of-way, utilities, public infrastructure and facilities, and parking lots in a manner that involves no increase in development footprint for the portion within the habitat buffer area. If the improvement involves relocation, the new site shall be located no closer to ESHAs, wetlands, or creeks than the existing site and shall minimize encroachment into the habitat buffer to the maximum extent feasible;

6. Fuel modification required by the Los Angeles County Fire Department to meet the Fire Code Defensible Space Requirements for existing development in High Fire Hazard Areas; and

7. The following uses may be allowed where the encroachment into the habitat buffer is minimized to the extent feasible, where all feasible mitigation measures have been provided to minimize adverse environmental effects, and the maximum feasible habitat buffer between the development and the habitat is provided:
a. Limited exterior lighting for safety purposes; and
b. Fences necessary for safety, restoration, and protection of habitat.” LUP Policy 3.27:
(a) Buffers shall be provided from coastal sage scrub and chaparral ESHA that are of sufficient width to ensure that no required fuel modification (Zones A, B, or C, if required) will extend into the ESHA and that no structures will be within 100 feet of the outer edge of the plants that comprise the habitat.
(b) The following types of new development and redevelopment adjacent to riparian ESHA along the western edge of the Malibu Middle and High School Campus shall provide an ESHA buffer that is the maximum feasible width, but no less than 50 feet, and where impacts to riparian ESHA are fully mitigated in the form of riparian and upland habitat restoration so it does not significantly disrupt the ESHA habitat values:

1. ESHA and creek-related educational uses and permeable viewing pad areas;

2. Roadways (and associated retaining walls), road right-of-way, utilities, storm drains, and permeable pavement parking lots;

3. Fuel modification required by the California Department of Forestry and Fire LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
12 Protection;

4. Exterior lighting solely for accessibility and safety purposes; and

5. Fences necessary for public safety, restoration, and protection of habitat.

Suggested Modification No. 3
Land Use Plan Policy 6.7 shall be modified as follows:

The height of structures shall be limited to minimize impacts to visual resources. The maximum allowable height, except for beachfront lots, shall be 18 feet above existing or finished grade, whichever is lower. On beachfront lots, or where found appropriate through Site Plan Review, the maximum height shall be 24 feet (flat roofs) or 28 feet (pitched roofs) above existing or finished grade, whichever is lower. Chimneys and rooftop antennas may be permitted to extend above the permitted height of the structure. The maximum height for buildings on the MMHS Campus shall be established in the MMHS Campus Specific Plan.

V. SUGGESTED MODIFICATIONS ON THE LOCAL

IMPLEMENTATION PLAN AMENDMENT
The Commission finds and suggests nine modifications to the proposed LIP amendment to ensure consistency with the LUP, as amended, as shown below. Existing language of the certified Local Implementation Plan is shown in straight type. Language proposed to be added by the City of Malibu in this amendment is shown in underlined. Language proposed to be deleted by the City of Malibu in this amendment is shown as strikethrough. Language recommended by the Commission to be inserted is shown in double underlined. Language recommended by the Commission to be deleted is shown in double strikethrough.

Suggested Modification No. 4
LIP Section 3.4.6 (Specific Plan Overlay District) shall be modified as follows:

Chapter 3 – Zoning Designations and Permitted Uses
LIP Section 3.4.67 –Malibu Middle and High School (MMHS) Campus Specific Plan Overlay District
The MMHS Campus Specific pPlan Ooverlay Ddistrict is intended to provide for the classification and development of a parcel or parcels of land as a coordinated, comprehensive project that will result in a more desirable development or physical environment than would be possible through the strict application of conventional zoning regulations and standards. The provisions of this section shall apply to the MMHS Campus (30215 Morning View Drive/APNs 4469-017-900, 4469-018-903, and 4469- 018-904), as identified in the MMHS Campus Specific Plan Overlay District map. All uses within the boundaries of the specific plans listed below shall comply with the provisions of the specific plan in addition to applicable standards in the underlying zone LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
13 (unless otherwise specified), other provisions of this ordinance, and other provisions of law.

A. Malibu Middle and High School Campus Specific Plan.

The provisions of this section provide custom development criteria and uses for the redevelopment of the MMHS campus, as described in MMHS Campus Specific Plan (August 2022), a Malibu Middle and High School (MMHS) Campus Specific Pplan which establishes the development standards and plan for the Malibu Middle and High School Campus redevelopment of campus facilities in multiple phases to enhance and modernize facilities and improve campus circulation, as illustrated on the MMHS Campus Site Plan of the LIP. Development on the property covered by the specific plan will be governed by the specific plan guidelines and regulations in addition to applicable standards in the underlying zone (unless otherwise specified), other provisions of this ordinance, and other provisions of law.

B. Development Standards.

The Institutional Development Standards contained in LIP Section 3.9 shall not apply.

The following are the development standards for the MMHS Campus Specific Plan Overlay District:

1. Height. Except as allowed in this section, structures shall not exceed eighteen (18) feet above finished or natural grade, whichever results in lower building height, except for chimneys, rooftop antenna, and light standards.

Notwithstanding the provisions of LIP Section 13.27.1(A)(8), Aall development proposed above eighteen (18) feet in height must require a Site Plan Review, pursuant to Section 13.27 of the Malibu LIP. Should a Site Plan Review be required, the entire development above eighteen (18) feet, including all roof projections, requires the installation of story poles to ensure private view protection.
a. Building C: High School Building shall not exceed a maximum height of thirtysix (36) feet finished grade, except for chimneys, rooftop antenna, and light standards that shall not exceed forty-one (41) feet above finished grade approved grading plan.
b. Building D: Middle School Gym/Multi-Purpose Room and Student Activities and Food Service Sstructures shall not exceed a maximum height of thirty-six (36) feet finished grade, except for chimneys, rooftop antenna, and light standards that shall not exceed forty (40) feet above finished grade. c. Building H: Theater/Performing Arts and shall not exceed a maximum height of forty-five (45) feet above finished grade.
d. Building J: High School Gym/Physical Education shall not exceed a maximum height of forty-five (45) feet above finished grade.
e. Building L: Aquatics Center/Field House shall not exceed a maximum height of eighteen twenty-eight (128) feet above finished grade, except for inclusive of chimneys, rooftop antenna, and light standards that shall not exceed a LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
14 maximum height of 28 feet.
…

2. Yards/Setbacks.
a. Building placement for Phase 1 shall be as shown on Figure 6, Proposed Site Plan, as approved by City Council. Building Placement for subsequent phases will be considered by the City as part of the site plan review process. b. Any future buildings must comply with the following:
a. (1) Front yard setbacks shall be ten (10) feet from the street easement. b. (2) Side yard setbacks shall be five feet. (a) When adjacent to a residentially-zoned parcel(s) along a side yard, the setback shall be increased to ten (10) percent of the lot width or ten (10) feet, whichever is greater.
(b) When adjacent to the ESHA all buildings shall have a 100-foot setback from the ESHA. With the exception of access trails and fencing, and parking, all other improvements shall be setback 50-feet from the ESHA.
c. (3) Rear yard setbacks shall be five feet; however, when adjacent to a residentially-zoned parcel(s) along the rear yard, the setback shall be increased to fifteen (15) percent of the lot depth or fifteen (15) feet, whichever is greater.

3. Site-Specific Development Criteria. All proposed construction within the MMHS Campus Specific Plan shall comply with the following site-specific development standards:
a. Structure Size. The gross floor area of all buildings on a given parcel shall be limited to a maximum Floor Area Ratio (FAR) of 0.15, or fifteen (15) percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements). Additional gross floor area may be approved by the city council, up to the maximum allowed for the parcel under the general Land Use Pplan, where additional significant public benefits and amenities are provided as part of the project.
b. Landscaping and Site Permeability. Twenty-five (25) percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements) shall be devoted to landscaping. The required five-foot landscape buffer around the perimeter of parking areas pursuant to Section 3.14.5 (E)(1) of the Malibu LIP shall count toward the twenty-five (25) percent requirement. An additional five percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements) shall be devoted to permeable surfaces. c. Sports field lighting shall be limited to the main sports field and parking lots at Malibu High School. All new outdoor lighting shall adhere to the standards of Malibu Local Coastal Program Local Implementation Plan Sections 4.6.2 and

6.5.G
LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
15 dc. All parking areas within the 100-foot ESHA buffer area shall be paved with permeable pavement, to allow stormwater runoff to infiltrate into the soil below. Suspended paving systems shall be constructed below the permeable paving to treat and slow stormwater runoff before it reaches the ESHA. The system shall be designed to provide treatment and storage for stormwater but also promote healthy tree growth within parking areas.

54. Wayfinding and Informational Signage.

The provisions of LIP Section 3.15.3(J) shall not apply. The following describes the types of allowed signspursuant to the MMHS Campus Specific Plan:
…
b. Marquee signs. Two double-sided monument signs would be allowed on Morning View Drive. The monument signs would be a maximum of five feet tall and contain an LED display screen, 10 mm pixel spacing with dimmable brightness that is oriented perpendicular to Morning View Drive facing east.

The signs would be placed on concrete wall support and have an internally illuminated logo and must be turned off within one-half hour of all school events. Marquee sign lighting shall be dimmable in the evenings when not required for student/community communication.

Suggested Modification No. 5
The following shall be added to Subsection A of LIP Section 3.4.6 (Specific Plan Overlay District) as follows:

5. Lighting.
a. All lighting at the MMHS campus, including pool lighting, shall be minimized, restricted to low intensity features, directed downward and away from ESHA, and shielded using the best available visor technology and pole height and design that minimizes light spill, sky glow, and glare impacts to public views and wildlife to the maximum extent feasible.
b. Sports field lighting shall be limited to the main sports field at Malibu High School. All sport field lighting shall adhere to the standards of Malibu Local Coastal Program Local Implementation Plan Sections 4.6.2 and 6.5.G. c. Pool lighting shall be limited to only the extent necessary to achieve safety illumination regulations per the Illuminating Engineering Society of North America (IESNA) for a Class II facility.
d. Pool lighting shall be turned off no later than ½ hour after aquatic use and safety perimeter lighting shall be turned off with all other automatic campus lighting.
e. All outdoor lighting shall be extinguished by 11:00 p.m. or close of campus use, whichever is later, except for security lighting activated by motion sensor which extinguishes ten (10) minutes after activation and lighting at the building entrances and driveway egress points.

LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
16 Suggested Modification No. 6
The following shall be added to Subsection A of LIP Section 3.4.6 (Specific Plan Overlay District) as follows:

6. Grading.

The grading requirements of LIP Section 3.8(B) shall not apply. Grading shall not exceed the following quantities, inclusive of all grading categories without distinction between exempt, nonexempt, and remedial grading:

Phase Cut (cy) Fill (cy) Project
Phase Total
(cy)
1 35,200 10,400 45,600
2 5,175 - 5,175
3 25,300 14,000 39,300
4 10,000 33,350 43,350
Total 40,475 47,350 87,825
The export of cut material may be required to preserve the natural topography of the project site. Cut material may only be exported to an appropriate landfill or a site permitted to accept material.

Suggested Modification No. 7
Subsection A of LIP Section 3.4.6 (Specific Plan Overlay District) shall be modified as follows:
…

67. Permitted Uses in ESHA Buffer.

The following types of Nnew development and substantial redevelopment, as provided in the Malibu Middle and High School Campus Specific Plan Overlay District, shall provide an may be allowed in the 100-foot ESHA buffer that is the maximum feasible width extent, but in no case closer than less than 50 feet and where fully mitigated in conjunction with the ESHA Habitat Restoration Plan requirements of subsection 6 below, so that as shown on MMHS Campus Specific Plan ESHA Restoration Map Nos. 1, 2, and 3 of the Malibu LIP, if it does not significantly disrupt the habitat values of ESHA and may include:
1a. ESHA and creek-related educational uses and permeable pads for viewing areasplatforms;
2b. Relocation of existing roadsRoadways (and associated retaining walls), road rights-of-way, utilities, storm drains public infrastructure and facilities, and LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
17 permeable Pparking Llots, D and E as depicted on the Proposed Site Plan MMHS Campus Specific Plan of the Malibu LIP. The redevelopment shall be accomplished in a manner that involves no increase in development footprint for the portion within the habitat buffer area. If the improvement involves relocation, the new site shall be located no closer to ESHAs, wetlands, or creeks than the existing site and shall minimize encroachment into the habitat buffer to the maximum extent feasible;
3c. Fuel modification required by the California Department of Forestry and State Fire Protection Marshall to meet the Fire Code Defensible Space Requirements for existing development in High Fire Hazard Areas; and

4. The following uses may be allowed where the encroachment into the habitat buffer is minimized to the extent feasible, where all feasible mitigation measures have been provided to minimize adverse environmental effects, and the maximum feasible habitat buffer between the development and the habitat is provided:
ad. Limited eExterior lighting solely for accessibility and safety purposes; and be. Fences necessary for public safety, restoration, and protection of habitat.

Suggested Modification No. 8
Subsection A of LIP Section 3.4.6 (Specific Plan Overlay District) shall be modified as follows:

78. ESHA Restoration Plan.

A. Habitat Restoration Plan
To allow for clustering of new development within the existing, developed portions of the MMHS Campus, limited development may have a reduced buffer of less than 100 feet from the creek located on the western side of campus, as specifically allowed pursuant to subsection 5 above. Habitat buffers less than 100 feet place these habitat areas at risk of significant degradation caused by the adjacent development. The applicant shall mitigate the adverse impacts of reduced buffers by providing mitigation for all ESHA that will not have a 100-foot buffer from development.

As a condition of approval of and prior to issuance of a coastal development permit for new development requiring a less than 100-foot ESHA buffer within the overlay district, the applicant shall be required to submit, for review and approval by the City Biologist, a final revised Habitat Restoration Plan that shall substantially conform to the “Habitat Restoration Plan for MMHS Campus, Malibu” (PSOMAS, 2021) and The ESHA Restoration Plan shall be implemented as part of Phase 1 of the MMHS Campus Specific Plan and completed by Phase 4 as specified in the plan. Work shall be completed as shown on “ESHA Restoration Map Nos. 1, 2, and 3.” of the LIP, and incorporates the following phased restoration work: As a condition of approval of, and prior to issuance of a coastal development permit for Phase I of the LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
18 Malibu Middle and High School Campus Specific Plan, a phased ESHA Restoration Plan shall be submitted for review and approval by the City Biologist.

1. During Phase 1 of the MMHS Campus Specific Plan, demolition of hardscape within the 100-foot buffer of the downstream area, the habitat restoration plan shall require would occur. Restoration activities that would occur within the entire reach include weed abatement along the upstream, middle, and downstream riparian and upland habitat, broadcast of native seed in the downstream riparian and upland habitat as well as upstream upland habitat, and planting of native stock in the downstream riparian and upland habitat and invasive plant controls.

Bank stability improvements and erosion control would occur in the upstream, middle, and downstream portions of the ESHA during Phase 1, which includes the proposed pedestrian trail and new roadwaysdrive aisles.

2. During Phase 4 Ddemolition of developed hardscape areas within the 100-foot buffer of the upstream and middle stream area, the habitat restoration plan shall require restoration of the upland area of the upstream and middle stream portion of the habitat would occur during Phase 4, as the Bus Barn and other existing structures would remain operational until Phase 4 commences. Upon completion of Phase 4, the pedestrian trail would be completed and connected to existing trails on the campus.

Any proposed changes to the ESHA Restoration Plan on file with the City must be approved by the City Biologist in consultation with the California Coastal Commission Biologist.

B. Habitat Restoration Plan Implementation
As a condition of approval for Phase 1 and Phase 4 development requiring a less than 100-foot ESHA buffer within the overlay district, the applicant shall be required to implement the final approved Habitat Restoration Plan required pursuant to subsection A above. Restoration work under the final Habitat Restoration Plan shall be carried out prior to or concurrently with construction of the development project.

Maintenance and monitoring of the restoration shall commence immediately after installation and continue for five years in each portion of the riparian and upland habitat areas (downstream, middle, and upstream). In any case, the implementation portion of the ESHA restoration project described in 8(A)(1) and 8(A)(2) above, shall be complete prior to the issuance of certificates of occupancy for any structures approved in the coastal development permit. Any proposed changes to the approved Habitat Restoration Plan must be approved by the City Biologist and reported to the Executive Director of the Coastal Commission.

Suggested Modification No. 9
LIP Section 3.15.3(J) (Prohibited Signs), LIP Section 4.5.4 (Environmentally Sensitive Habitat Buffers), and LIP Section 4.6.1 (Buffers) shall be modified as follows:

LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
19 LIP Section 3.15.3(J):

Automatic changing signs or electronic message center signs, except for public service time and temperature signs, and public safety signs such as changeable traffic message signs, except as otherwise provided allowed by the Malibu Middle and High School Campus Specific Plan.

LIP Section 4.5.4 Environmentally Sensitive Habitat Buffers

1. Public accessways and trails, including directional signs

2. Interpretive signage designed to provide information about the value and protection of the resources

3. Restoration projects where the primary purpose is restoration of the habitat.

4. Invasive plant eradication projects if they are designed to protect and enhance habitat values.

5. Uses listed in LIP Section 3.4.6(A)(6) for the Malibu Middle and High School Campus Specific Plan project.

LIP Section 4.6.1 Buffers
…

1. Stream/Riparian
New development shall provide a buffer of no less than 100 feet in width from the outer edge of the canopy of riparian vegetation. Where riparian vegetation is not present, the buffer shall be measured from the outer edge of the bank of the subject stream.

However, in the Point Dume area, new development shall be designed to avoid encroachment on slopes of 25 percent grade or steeper and new development and substantial redevelopment of the Malibu Middle and High School Campus shall meet the standards in Section 3.46(A)(2).

Suggested Modification No. 10
Modify the LIP Zoning Map (attached as Exhibit 3 of this staff report) to remove the crosshatching and restore the underlying zoning designation of “Institutional” on assessor parcel numbers 4469-017-900, 4469-018-903, and 4469-018-904, and delete the Zoning Designation titled “Specific Plan.”
Suggested Modification No. 11
Create and adopt a new overlay district map titled “Malibu Middle and High School (MMHS) Campus Specific Plan Overlay District” that depicts the outline of the area subject to the overlay, including assessor parcel numbers 4469-017-900, 4469-018-903, and 4469-018- 904 and add corresponding addresses and assessor parcel numbers to differentiate which parcels are subject to the Malibu Middle and High School (MMHS) Campus Specific Plan Overlay District.

LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
20 Suggested Modification No. 12
Modify the title of the proposed MMHS Campus Specific Plan ESHA Restoration Map Nos. 1, 2, and 3 (attached as Exhibit 5 of this staff report) as follows:

MMHS CAMPUS SPECIFIC PLAN OVERLAY DISTRICT ESHA RESTORATION MAP NOS. 1, 2, AND 3
VI.FINDINGS FOR DENIAL OF THE LUP/LIP AMENDMENT, AS

SUBMITTED, AND APPROVAL OF THE LUP/LIP

AMENDMENT, IF MODIFIED AS SUGGESTED
The following findings support the Commission’s denial of the proposed Land Use Plan and Local Implementation Plan amendment as submitted, and approval of the Local Implementation Plan Amendment if modified as suggested (detailed in Section IV.

Suggested Modifications above).

The Commission hereby finds and declares as follows:

A. Amendment Description and Background
The City of Malibu (“City”) is requesting an amendment to the Land Use Plan (LUP) and Local Implementation Plan (LIP) portions of its certified LCP to allow for new campus development to be designed with a reduced buffer setback from environmentally sensitive habitat areas (ESHA) and to incorporate a new overlay district to establish the development standards for the redevelopment of Malibu Middle and High School Campus facilities at 30215 Morning View Drive (APNs 4469-017-900, 4469-018-903, and 4469-018-904) (“subject site”).

Specifically, the LUP amendment proposes to modify existing LUP Policy 3.24 to allow certain types of new development to be designed with a reduced buffer setback from environmentally sensitive habitat areas (ESHA) from the standard minimum of 100 feet to 50 feet. The LUP amendment further proposes to modify LUP Policy 6.7 to add language that the building heights for MMHS campus development are established under the MMHS Campus Specific Plan.

The LIP amendment proposes to incorporate a new overlay district (Malibu Middle and High School (MMHS) Campus Specific Plan Overlay District) to LIP Section 3.4 to establish the development standards for the redevelopment of Malibu Middle and High School Campus facilities in multiple phases to enhance and modernize facilities and improve campus circulation on the subject site, as generally described in the Malibu Middle and High School Campus Specific Plan (dated August 2022), and discussed in detail below.

The LIP amendment further proposes to amend the LIP Zoning Map No. 2 (Exhibit 3) to add a boundary line around the MMHS Campus Specific Plan area, denoting the boundaries of the MMHS Campus Specific Plan area for three parcels (APNs 4469-017- LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
21 900, 4469-018-903, and 4469-018-904) and indicating that the area is zoned “Specific Plan.” Additionally, the LIP amendment incorporates the proposed site plan (Exhibit 4) and proposed habitat restoration plans (Exhibit 5) for the MMHS Campus Specific Plan project as maps under Appendix B of the LIP.

The proposed overlay site is currently zoned “Institutional” and contains educational facilities, associated administrative buildings, and athletic fields. The proposed MMHS Campus redevelopment project includes the construction of a new high school building, gymnasium, and theater/performing arts center building, which proposes building heights greater than currently allowed under the Institutional Zone development standards of the City’s LCP. Additionally, the project includes a new electronic message center sign, which is currently prohibited under the LCP, and a reduction of the 100-foot ESHA buffer to 50 feet to accommodate new parking areas and roadways and fuel modification, which is also not currently allowed under the LCP. Therefore, the City determined that a new overlay district with specific development standards (heights, setbacks, sign requirements, permitted uses) is needed to accommodate some of the proposed campus development.

Lastly, the LIP amendment adds language to existing LIP Section 3.15.3(J) (Prohibited Signs), LIP Section 4.5.4 (Environmentally Sensitive Habitat Buffers), and LIP Section 4.6.1 (Buffers) to include cross-references to the overlay district development standards to clarify that exemptions to the standards under LIP Sections 3.15.3(J), 4.5.4, and 4.6.1 are provided for under the subject overlay district.

Project Setting
The subject 52-acre MMHS Campus property is located at 30215 Morning View Drive, in the Malibu Park neighborhood in west Malibu (Exhibit 6). The campus includes Malibu Middle and High School, the former Juan Cabrillo Elementary School (JCES), several outdoor sports fields and courts, a swimming pool, support facilities, infrastructure, the Malibu Equestrian Center, and approximately ten acres of undeveloped land. The campus is approximately one-quarter mile northeast of Pacific Coast Highway and Zuma Beach and generally between Merritt Drive to the west, Via Cabrillo Street to the east, and Harvester Road to the north. The campus is set amongst rolling hills at the base of the Santa Monica Mountains, and its buildings and athletic fields are terraced into a semi-rural hillside setting surrounded by residential properties. Existing light sources on campus include security, parking lot, and limited sports field lighting. Public viewing areas in the vicinity include Zuma Beach County Park, approximately 1,400 feet to the south, and National Park Service land, approximately 4,000 feet inland to the north. The Zuma Ridge Trail traverses in an east-west direction and is situated near the National Park Service land to the north.

The Malibu LCP Environmentally Sensitive Habitat Area Overlay Map delineates a blue-line unlined stream along the campus’ western property line. The stream consists of an underground pipe from Floris Heights Road that flows under the school property and daylights into a natural streambed along the campus’ western property line. The stream extends approximately 1,088 feet and varies between approximately 24 and 85 feet wide.

Although the stream contains degraded riparian vegetation, the site-specific biological assessment that was prepared for previous campus projects (“Biological Assessment – Malibu Middle and High School Campus Improvements”, prepared by Glenn Lukos LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
22 Associates (GLA) – December 2009), provided evidence that the stream contains habitat meeting the definition of ESHA and surveyed the limits of this stream ESHA in the field.

The Commission concurs with the conclusions reached regarding the site’s biological resources in the above-mentioned biological assessment.

Malibu Middle and High School Campus Specific Plan and Project Description The MMHS Campus Specific Plan (Specific Plan) establishes the goals, development standards, and plan for the redevelopment of the former Juan Cabrillo Elementary School (JCES) campus and the existing MMHS campus, to create a new campus that provides separate learning spaces for the middle and high school students as well as shared amenities, to be implemented in four phases over the next 10 to 15 years. The existing MMHS campus was constructed as Malibu Park Junior High School in 1963, and in 1992 the school was converted for use as a combined middle school and high school. The Specific Plan area where redevelopment is proposed is defined by three of nine contiguous parcels owned by the Santa Monica-Unified School District (SMMUSD): Assessor Parcel Numbers (APNs) 4469-017-900 (40 acres), 4469-018-900 (9.4 acres), and 4469-018-904 (2.57 acres). The total acreage of the project site is 52.03 acres.

Apart from the recently completed Buildings A, B, and E, SMMUSD needs to support 21stcentury learning, including technology improvements and flexible classrooms for multiple learning modalities. The Specific Plan would result in the demolition of 18 existing buildings on the combined campuses, retention of the existing athletic fields and the recently completed Buildings A, B, and E on the MMHS campus, and the construction of a new campus with dedicated spaces for middle and high schools. The Specific Plan would result in 32 classrooms and 8 labs and 173,595 square feet of new building space. While the Specific Plan will upgrade the MMHS campus, it does not increase the floor area ratio (FAR) nor allow for an increase in the maximum student population from the existing development.

The Specific Plan would be constructed in four phases (Exhibit 9):

Phase 1: Phase 1 would demolish all existing former JCES campus buildings and portable classrooms, construction of Building C (High School Building), Parking Lots C and D, and the Drop-off/Pick-up area.

Phase 2: Phase 2 consists of constructing Building D (Middle School Gym/MultiPurpose Room) and Middle School Quad.

Phase 3: Phase 3 would consist of the demolition of MMHS Buildings F and I; the existing field house; and the modular buildings adjacent to the existing pool, and the construction of Buildings J (High School Gym), L (Aquatics Center/Field House), and M (Upper Field House) and Parking Lots E and F.

Phase 4: Phase 4 would involve the demolition of MMHS Buildings K, J, and J1; the pool and pool building; and Bus Barn, and the demolition and/or relocation of the Boys and Girls Club and construction of the new Buildings H LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
23 (Theater/Performing Arts) and I (Special Education and Campus Wellness Center).

The Specific Plan also includes a phased restoration plan for the riparian habitat ESHA along the western edge of campus. Phases 1 and 4 under the Specific Plan would add to the overall restoration plan area. In total, 2.03 acres of ESHA would be restored, with the removal of approximately 0.50 acres of hardscape and structures currently encroaching within 100 feet of the ESHA boundary.

The Specific Plan recommends changes to several existing LCP development standards to implement the campus redevelopment plan. These changes include increasing building heights, allowing an electronic message center sign, reducing the ESHA setback for development, and increasing maximum grading quantities. Although the project-driven LCP amendment is based on the development standards listed in the Specific Plan, the City’s intention is not to incorporate the Specific Plan into the LCP but instead to incorporate the modified development standards required for the campus redevelopment project into a new overlay district within the LCP.

An EIR was prepared and adopted for the project by the City pursuant to CEQA. The City is also currently reviewing the local coastal development permit application for phase one of the Campus Specific Plan project, which includes the demolition of the former Juan Cabrillo Elementary School (JCES) campus and the construction of a new high school building with associated parking lots and roadways.

Commission, City, and the Santa Monica Mountains United School District (“District”) staff have coordinated extensively on the contents of the subject amendment. During amendment pre-submittal discussions, respective staff identified and addressed the key issues and worked out an approach to various issues. This coordination effort began in 2019. Since receipt of the subject amendment, the Commission and City staff have continued to coordinate extensively on the proposed amendment language. The suggested modifications are primarily a result of the new and modified language. The suggested modifications include additional development standards, requirements for timing of mitigation, as well as clarifications that are not substantive changes.

The City of Malibu submitted the subject LCP Amendment to the Commission on October 3, 2022. The amendment submittal was deemed complete by Commission staff and filed on April 12, 2023. At its July 2023 Commission meeting, the Commission extended the 90 working-day time limit to act on the LCP amendment for a period not to exceed one year from the original deadline of August 18, 2023.

The full text of the City’s proposed changes to the LCP is included as Exhibits 1-5 of this report.

B. Environmentally Sensitive Habitat Areas and Water Quality The following Coastal Act policies are applicable:

LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
24 Section 30107.5 of the Coastal Act states:

Environmentally sensitive area" means any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments.

Section 30231 of the Coastal Act states:

The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and, where feasible, restored through, among other means, minimizing adverse effects of waste water discharges and entrainment, controlling runoff, preventing depletion of ground water supplies and substantial interference with surface waterflow, encouraging waste water reclamation, maintaining natural vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams.

Section 30240 of the Coastal Act states:
(a) Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas.
(b) Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade those areas, and shall be compatible with the continuance of those habitat and recreation areas.

The Coastal Act policies above have been incorporated in their entirety into the certified Land Use Plan. In addition, the following LUP policies are applicable in this case:

Land Use Plan Policy 3.1 states:

Areas in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments are Environmentally Sensitive Habitat Areas (ESHAs) and are generally shown on the LUP ESHA Map. The ESHAs in the City of Malibu are riparian areas, streams, native woodlands, native grasslands/savannas, chaparral, coastal sage scrub, dunes, bluffs, and wetlands, unless there is site-specific evidence that establishes that a habitat area is not especially valuable because of its special nature or role in the ecosystem. Regardless of whether streams and wetlands are designated as ESHA, the policies and standards in the LCP applicable to streams and wetlands shall apply. Existing, legally established agricultural uses, confined animal facilities, and fuel modification areas required by the Los Angeles County Fire Department for existing, legal structures do not meet the definition of ESHA.

LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
25 Land Use Plan Policy 3.8 states:

Environmentally Sensitive Habitat Areas (ESHAs) shall be protected against significant disruption of habitat values, and only uses dependent on such resources shall be allowed within such areas.

Land Use Plan Policy 3.9 states:

Public accessways and trails are considered resource dependent uses. Accessways and trails located within or adjacent to ESHA shall be sited to minimize impacts to ESHA to the maximum extent feasible. Measures, including but not limited to, signage, placement of boardwalks, and limited fencing shall be implemented as necessary to protect ESHA.

Land Use Plan Policy 3.12 states:

No development shall be allowed in wetlands unless it is authorized under Policy

3.89. For all ESHA other than wetlands, the allowable development area (including the building pad and all graded slopes, if any, as well as permitted structures) on parcels where all feasible building sites are ESHA or ESHA buffer shall be 10,000 square feet or 25 percent of the parcel size, whichever is less. If it is demonstrated that it is not feasible from an engineering standpoint to include all graded slopes within the approved development area. For parcels over 40 acres in size, the maximum development area may be increased by 500 sq. ft. for each additional acre in parcel size to a maximum of 43,560-sq. ft. (1-acre) in size. The development must be sited to avoid destruction of riparian habitat to the maximum extent feasible.

These development areas shall be reduced, or no development shall be allowed, if necessary to avoid a nuisance, as defined in California Civil Code Section 3479.

Mitigation of adverse impacts to ESHA that cannot be avoided through the implementation of siting and design alternatives shall be required.

Land Use Plan Policy 3.14 states:

New development shall be sited and designed to avoid impacts to ESHA. If there is no feasible alternative that can eliminate all impacts, then the alternative that would result in the fewest or least significant impact shall be selected. Impacts to ESHA that cannot be avoided through the implementation of siting and design alternatives shall be fully mitigated, with priority given to on-site mitigation. Off-site mitigation measures shall only be approved when it is not feasible to fully mitigate impacts onsite or where off-site mitigation is more protective in the context of a Natural Community Conservation Plan that is certified by the Commission as an amendment to the LCP. Mitigation shall not substitute for implementation of the project alternatives that would avoid impacts to ESHA.

Land Use Plan Policy 3.15 states:

Mitigation measures for impacts to ESHA that cannot be avoided through the implementation of siting and design alternatives, including habitat restoration and/or LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
26 enhancement shall be monitored for a period of no less than five years following completion. Specific mitigation objectives and performance standards shall be designed to measure the success of the restoration and/or enhancement. Midcourse corrections shall be implemented if necessary. Monitoring reports shall be provided to the City annually and at the conclusion of the five-year monitoring period that document the success or failure of the mitigation. If performance standards are not met by the end of five years, the monitoring period shall be extended until the standards are met. However, if after ten years, performance standards have still not been met, the applicant shall submit an amendment proposing alternative mitigation measures.

Land Use Plan Policy 3.23 states:

Development adjacent to ESHAs shall minimize impacts to habitat values or sensitive species to the maximum extent feasible. Native vegetation buffer areas shall be provided around ESHAs to serve as transitional habitat and provide distance and physical barriers to human intrusion. Buffers shall be of a sufficient size to ensure the biological integrity and preservation of the ESHA they are designed to protect. All buffers shall be a minimum of 100 feet in width, except for the case addressed in Policy 3.27.

Land Use Plan Policy 3.24 states:

New development adjacent to parklands, where the purpose of the park is to protect the natural environment and ESHA, shall be sited and designed to minimize impacts to habitat and recreational opportunities, to the maximum extent feasible. Natural vegetation buffer areas shall be provided around parklands. Buffers shall be of sufficient size to prevent impacts to parkland resources, but in no case shall they be less than 100 feet in width.

Land Use Plan Policy 3.25 states:

New development, including, but not limited to, vegetation removal, vegetation thinning, or planting of non-native or invasive vegetation shall not be permitted in required ESHA or park buffer areas, except for that case addressed in Policy 3.27.

Habitat restoration and invasive plant eradication may be permitted within required buffer areas if designed to protect and enhance habitat values.

Land Use Plan Policy 3.26 states:

Required buffer areas shall extend from the following points:
a. The outer edge of the canopy of riparian vegetation for riparian ESHA. b. The outer edge of the tree canopy for oak or other native woodland ESHA. c. The top of bluff for coastal bluff ESHA.

Land Use Plan Policy 3.28 states:

LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
27 Variances or modifications to buffers or other ESHA protection standards shall not be granted, except where there is no other feasible alternative for siting the development and it does not exceed the limits on allowable development pursuant to Policies 3.10-3.13.

Land Use Plan Policy 3.51 states:

Disturbed areas ESHAs shall not be further degraded, and if feasible, restored. If new development removes or adversely impacts native vegetation, measures to restore any disturbed or degraded habitat on the property shall be included as mitigation.

Land Use Plan Policy 3.53 states:

Fencing or walls shall be prohibited within riparian, bluff, Point Dume canyon or dune ESHA, except where necessary for public safety or habitat protection or restoration.

Fencing or walls that do not permit the free passage of wildlife shall be prohibited in any wildlife corridor.

Land Use Plan Policy 3.56 states:

Exterior night lighting shall be minimized, restricted to low intensity fixtures, shielded, and directed away from ESHA in order to minimize impacts on wildlife. High intensity perimeter lighting and lighting for sports courts or other private recreational facilities in ESHA, ESHA buffer, or where night lighting would increase illumination in ESHA is prohibited.

Land Use Plan Policy 3.62 states:

All new development shall include mitigation for unavoidable impacts to ESHA from the removal, conversion, or modification of natural habitat for new development, including required fuel modification and brush clearance.

Land Use Plan Policy 3.95 states:

New development shall be sited and designed to protect water quality and minimize impacts to coastal waters by incorporating measures designed to ensure the following:
a. Protecting areas that provide important water quality benefits, areas necessary to maintain riparian and aquatic biota and/or that are susceptible to erosion and sediment loss.
b. Limiting increases of impervious surfaces.
c. Limiting land disturbance activities such as clearing and grading, and cut-and-fill to reduce erosion and sediment loss.
d. Limiting disturbance of natural drainage features and vegetation.

LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
28 The following Local Implementation Plan (LIP) sections are specifically applicable in this case:

LIP Section 4.8 (Mitigation), in relevant part, states:

4.8 Mitigation
A. New development shall be sited and designed to avoid impacts to ESHA. If there is no feasible alternative that can eliminate all impacts, then the alternative that would result in the fewest or least significant impacts shall be selected. Residual adverse impacts to ESHA shall be fully mitigated, with priority given to onsite mitigation. Off-site mitigation measures shall only be approved when it is not feasible to fully mitigate impacts onsite or where off-site mitigation is more protective in the context of a Natural Community Conservation Plan that is certified by the Coastal Commission as an amendment to the Malibu LCP.

Mitigation shall not substitute for implementation of the project alternative that would avoid impacts to ESHA. The permit shall include conditions that require implementation of all feasible mitigation measures that would significantly reduce adverse impacts of the project.

B. When mitigation measures are required by Section 4.8 (A) of the Malibu LIP for impacts to ESHA, such measures including habitat restoration and/or enhancement shall be monitored for a period of no less than five years following completion. Specific mitigation objectives and performance standards shall be designed to measure the success of the restoration and/or enhancement. Midcourse corrections shall be implemented if necessary. Monitoring reports shall be provided to the City annually and at the conclusion of the five-year monitoring period that document the success or failure of the mitigation. If performance standards are not met by the end of five years, the monitoring period shall be extended until the standards are met. The restoration will be considered successful after the success criteria have been met for a period of at least 2 years without any maintenance or remediation activities other than exotic species control. At the City’s discretion, final performance monitoring will be conducted by an independent monitor supervised by the city biologist and paid for by the applicant. If success criteria are not met within 10 years, the applicant shall submit an amendment proposing alternative mitigation.

Environmentally Sensitive Habitat Areas
One of the chief objectives of the Coastal Act is the preservation, protection, and enhancement of coastal resources, including land and marine habitats and water quality.

The rarest and most ecologically important habitats are given particular protection from development. Section 30107.5 of the Coastal Act defines Environmentally Sensitive Habitat Area as “any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments.” Coastal Act Section 30231 LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
29 requires that the biological productivity and quality of coastal waters be maintained. Coastal Act Section 30240 requires the protection of environmentally sensitive habitat areas (ESHA) against any significant disruption of habitat values. No development, with the exception of uses dependent on the resources, is allowed within any ESHA. This policy further requires that development adjacent to ESHA is sited and designed to prevent impacts that would significantly degrade ESHA and must be compatible with the continuance of the habitat areas. The Malibu LUP ESHA Map contains most known watercourses and ESHA locations throughout the Malibu Coastal Zone. LUP Policies 3.8,

3.14, and 3.23 require new development to avoid and/or minimize impacts to ESHA, provide adequate buffers from ESHA, mitigate impacts that cannot be avoided through the implementation of siting and design alternatives, and ensure that ESHA is protected against any significant disruption of habitat values. Additionally, LUP Policy 3.56 states that exterior night lighting shall be minimized and directed away from ESHA in order to minimize impacts on wildlife.

The Malibu Middle and High School campus covers approximately 52 acres and is situated within the coastal terrace between Zuma Beach and the southern flanks of the western portion of the Santa Monica Mountains. The elevation of the campus site ranges from approximately 100 feet along Morning View Drive on the south side up to approximately 208 feet on the north side of campus. The campus is developed with elementary, middle, and high school facilities, including classrooms and administrative buildings, parking lots, a bus barn, a swimming pool, and sports fields. The surrounding area is characterized by primarily semi-rural residential development. A large berm separates the school’s athletic field area from the existing equestrian park to the east.

The Malibu LCP Environmentally Sensitive Habitat Area Overlay Map delineates stream ESHA along the campus’ western property line. The stream consists of an underground pipe from Floris Heights Road that flows under the school property and daylights into a natural streambed along the campus’ western property line. The stream extends approximately 1,088 feet and varies between approximately 24 and 85 feet wide. Although the stream contains degraded riparian vegetation, the site-specific biological assessment that was prepared for previous campus projects (“Biological Assessment – Malibu Middle and High School Campus Improvements,” prepared by Glenn Lukos Associates (GLA) – December 2009) provided evidence confirming that the stream contains habitat meeting the definition of ESHA. This study also includes a survey of the limits of the stream ESHA in the field. Currently, existing campus development within an area of approximately 0.50 acres encroaches within 100 feet of the riparian stream ESHA habitat.

MMHS Campus Redevelopment Project-Specific LCP Amendment As described above, the project-driven LCP amendment is to accommodate the redevelopment and modernization of the existing Malibu Middle and High School (MMHS) campus and the former Juan Cabrillo Elementary School (JCES) campus with a new high school building, classrooms, and labs, two gymnasium/physical education buildings, theater/performing arts building, sport field houses, new 50-meter swimming pool with associated pool lighting, parking lots and drive aisles, as detailed in the MMHS Campus Specific Plan. Specifically, the proposed campus redevelopment project proposes siting LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
30 new development consisting of habitat viewing pad areas/outdoor learning spaces, trails, roadways, storm drains, permeable pavement parking lots, fuel modification, exterior lighting, and fencing within 50 feet to 100 feet of the adjacent riparian ESHA habitat along the western edge of the campus. Additionally, the project would remove portions of as-built non-conforming development (approximately 0.50 acres) currently encroaching within the 100-foot buffer area of the riparian stream ESHA. Although none of the proposed MMHS Campus Specific Plan development would be located directly within ESHA, the abovementioned development would not conform to the requirements of LUP Policy 3.23, which states that development adjacent to ESHAs shall minimize impacts to habitat values or sensitive species to the maximum extent feasible and shall have a buffer of a minimum of 100 feet in width from ESHA.

In addition, Coastal Act Section 30240 requires that development in areas adjacent to ESHA be sited and designed to prevent impacts which would significantly degrade those areas and LUP Policy 3.14 states that new development shall be sited and designed to avoid impacts to ESHA. If no feasible alternative can eliminate all impacts, the alternative that would result in the fewest or least significant impacts shall be selected. While LUP Policy 3.28 allows for a reduced ESHA buffer, the LUP only allows the reduction when there is no other feasible alternative for siting the development. Given that the proposed project does not provide for a full 100-foot buffer from ESHA and therefore does not minimize impacts to habitat values or sensitive species to the maximum extent feasible, the City evaluated different project alternatives to determine the alternative with the fewest or least significant impacts. The first alternative included siting the proposed development beyond the required 100-foot ESHA setback, such as moving the high school building and associated drive aisles and parking lots farther east and away from the riparian ESHA.

However, this alternative would require large retaining walls, building elevators, and ramps, resulting in increased building heights and visibility, additional landform alternation, and increased grading due to the site’s topographic constraints. A second alternative involved locating the associated drive aisles and parking lots in the center of campus and away from the riparian ESHA; however, this alternative would not meet the district’s student safety requirements and objective of siting roads and parking on the perimeter of the site and maintaining a vehicle-free, and therefore safer, campus for students to move freely between the High and Middle Schools and shared amenities and retaining a pedestrianonly paseo through the middle of campus.

Ultimately, the City determined that the project proposed under the MMHS Campus Specific Plan, which includes clustering new development within the existing developed portions of the site, utilizing previously disturbed areas, and reducing landform alteration, was the alternative with the least significant impacts. It’s important to note that while some limited types of development would still be located within the 100-foot ESHA buffer under the preferred alternative, all new buildings (including the new high school building) would maintain the LCP-required 100-foot ESHA buffer, and no permanent removal of ESHA would occur.

Thus, the City determined that the preferred alternative proposed under the MMHS Campus Specific Plan would require an exception from the LCP-required 100-foot ESHA setback standard to accommodate the project. In exchange for the reduced ESHA buffers, LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
31 the City required the district to provide for mitigation of the impacts to habitat values and sensitive species by not providing the full 100-foot buffer (as required under LUP Policy

3.14) in the form of habitat restoration of the adjacent degraded riparian habitat ESHA. The district has prepared a restoration plan (Exhibit 10) (Habitat Restoration Plan for MMHS Campus, Malibu (PSOMAS, 2021)) and has incorporated the plan into the MMHS Campus Specific Plan. The LCP amendment also includes incorporating the Habitat Restoration Plan Maps (Exhibit 5) into the LIP.

The proposed habitat restoration plan (Habitat Restoration Plan for MMHS Campus, Malibu (PSOMAS, 2021)) includes the demolition of hardscape within the 100-foot buffer of the downstream area of the riparian habitat, weed abatement, broadcast of native seed and planting of native stock and invasive plant controls along the upstream, middle, and downstream portions of the riparian habitat area. Bank stability improvements and erosion control would occur in the upstream and downstream parts of the ESHA during Phase 1 of the phased project, which would also include the proposed pedestrian trail. After the demolition of as-built hardscape areas within the 100-foot buffer of the upstream and middle stream areas during Phase 4, the habitat restoration plan would include restoration of the upland area of the upstream and middle stream portion of the riparian habitat area.

Upon completion of Phase 4, the pedestrian trail would be completed and connected to existing trails on the MMHS campus.

The LUP portion of the City’s amendment request proposes to modify existing LUP Policy

3.24 to allow for limited types of new campus development to be designed with a reduced buffer setback from environmentally sensitive habitat areas (ESHA) from the standard 100 feet to 50 feet. The LIP portion of the City’s amendment creates a new overlay district with specific development standards, including a similar provision that allows for a reduced ESHA buffer setback if the development does not significantly disrupt the habitat values of the ESHA. Additionally, the overlay district development standards include provisions requiring the ESHA restoration plan (Habitat Restoration Plan for MMHS Campus, Malibu (PSOMAS, 2021) be implemented as a condition of approval for the coastal development permits for phase one and phase four of the redevelopment project. Furthermore, the LIP amendment proposes incorporating the ESHA Restoration Maps of the Habitat Restoration Plan into the LCP as new maps under Appendix B of the LIP. The overlay district development standards also include a provision requiring the proposed restoration work to be completed per the “ESHA Restoration Maps” (Exhibit 5).

However, the City’s proposed reduced ESHA buffer provision under LUP Policy 3.24, and similarly written proposed overlay district reduced ESHA buffer provision under LIP Section

3.4.6(A)(6), is written too broadly in the types of development uses that would be allowed within the ESHA buffer. Therefore, as proposed, the provisions could allow for other types of development not associated with the campus redevelopment project to be developed with a reduced ESHA buffer. Additionally, the proposed provisions did not include specific language requiring ESHA impacts from development with a reduced ESHA buffer to be fully mitigated. Therefore, to ensure the proposed LUP/LIP ESHA buffer reduction policies conform to the applicable Coastal Act Section 30240 and LUP policies, Suggested Modification Two (2) and Seven (7) modifies the proposed language to limit the types of development to only those that are a part of the preferred alternative proposed under the LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
32 MMHS Campus Specific Plan and adds clarifying language that these types of development are only allowed “where fully mitigated in the form of riparian habitat restoration so it does not significantly disrupt the ESHA habitat values.” Furthermore, the proposed overlay district ESHA Restoration Plan LIP Section 3.4.6(7) did not include implementing language or requirements for why, when, and how the restoration plan must be implemented. Therefore, to ensure the trade-off of ESHA restoration for reduced ESHA buffers proposed in the subject LCP amendment is fully implemented in a timely manner, Suggested Modification Eight (8) adds language clarifying that the proposed restoration plan is mitigation for allowing new development within the existing developed portions of the MMHS Campus to have a reduced buffer that is the maximum width feasible but in no case less than 50 feet from the creek, and the applicant is required to mitigate the adverse impacts of reduced ESHA buffers by providing mitigation for all ESHA that will not have a 100-foot buffer from development. Furthermore, Suggested Modification Eight (8) includes language requiring the restoration work to occur before or concurrently with the construction of the redevelopment project and requires maintenance and monitoring of the restoration for five years to ensure the proposed LIP Section 3.4.6(7) conforms to the mitigation requirements and provisions of LIP Section 4.8 (Mitigation).

Pool Lighting
Another potential impact to ESHA from development is the effect of night lighting on wildlife using these habitat areas. The LCP has specific requirements that limit night lighting to protect ESHA. LUP Policy 3.56 requires exterior night lighting to be minimized, restricted to low intensity fixtures, shielded, and directed away from ESHA to minimize impacts on wildlife. The MMHS campus redevelopment project includes a new 50-meter swimming pool with associated pool lighting. However, the proposed amendment had no requirements, limitations, or development standards for this type of exterior lighting.

Furthermore, the LCP amendment does not make a distinction between pool lighting and other types of exterior lighting on campus, so it’s unclear how this new type of pool lighting would be reviewed under the LCP, what potential adverse impacts to coastal resources could occur, and what standards would be applied by the City in its consideration of a future coastal development permit for this use. Through Commission staff’s coordination efforts, City of Malibu staff prepared a new development standards section to be added to the LCP amendment under the proposed overlay district (LIP Section 3.4.6(A)(5)) to incorporate lighting provisions (including pool lighting requirements) to ensure that lighting shall be minimized, restricted to low intensity features, directed downward and away from ESHA, and shielded using the best available visor technology and pole height and design that minimizes light spill, sky glow, and glare impacts to public views and wildlife to the maximum extent feasible. Pool lighting must also be limited to only the extent necessary to achieve safety illumination regulations per the Illuminating Engineering Society of North America (IESNA) for a Class II facility. The City has requested that the Commission add these lighting requirements to the overlay district development standards as a suggested modification. Suggested Modification Five (5) incorporates LIP Section 3.4.6(A)(5) to the overlay district standards to ensure that lighting impacts are avoided, consistent with the LUP policies.

LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
33 Conclusion
For the reasons stated above, the Commission finds that the LUP amendment, only if modified as suggested, will meet the requirements of, and be in conformity with, the Chapter 3 policies of the Coastal Act; and the LIP amendment, only if modified as suggested, conforms with, and is adequate to carry out, the policies of the certified Land Use Plan, as amended.

C. Scenic and Visual Resources and LCP Administration
Scenic and Visual Resources
Section 30251 of the Coastal Act states:

The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas. New development in highly scenic areas such as those designated in the California Coastline reservation and Recreation Plan prepared by the Department of Parks and Recreation and by local government shall be subordinate to the character of its setting.

The Coastal Act policy above has been incorporated in its entirety into the certified Land Use Plan. In addition, the following LUP policies are applicable in this case:

Land Use Plan Policy 6.1 states:

The Santa Monica Mountains, including the City, contain scenic areas of regional and national importance. The scenic and visual qualities of these areas shall be protected and, where feasible, enhanced.

Land Use Plan Policy 6.2 states:

Places on and along public roads, trails, parklands, and beaches that offer scenic vistas are considered public viewing areas. Existing public roads where there are views of the ocean and other scenic areas are considered Scenic Roads. Public parklands and riding and hiking trails which contain public viewing areas are shown on the LUP Park Map. The LUP Public Access Map shows public beach parks and other beach areas accessible to the public that serve as public viewing areas.

Land Use Plan Policy 6.4 states:

Places on, along, within, or visible from scenic roads, trails, beaches, parklands and state waters that offer scenic vistas of the beach and ocean, coastline, mountains, canyons and other unique natural features are considered Scenic Areas. Scenic LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
34 Areas do not include inland areas that are largely developed or built out such as residential subdivisions along the coastal terrace, residential development inland of Birdview Avenue and Cliffside Drive on Point Dume, or existing commercial development within the Civic Center and along Pacific Coast Highway east of Malibu Canyon Road.

Land Use Plan Policy 6.5 states:

New development shall be sited and designed to minimize adverse impacts on scenic areas visible from scenic roads or public viewing areas to the maximum feasible extent. If there is no feasible building site location on the proposed project site where development would not be visible, then the development shall be sited and designed to minimize impacts on scenic areas visible from scenic highways or public viewing areas, through measures including, but not limited to, siting development in the least visible portion of the site, breaking up the mass of new structures, designing structures to blend into the natural hillside setting, restricting the building maximum size, reducing maximum height standards, clustering development, minimizing grading, incorporating landscape elements, and where appropriate, berming.

Land Use Plan Policy 6.7 states:

The height of structures shall be limited to minimize impacts to visual resources. The maximum allowable height, except for beachfront lots, shall be 18 feet above existing or finished grade, whichever is lower. On beachfront lots, or where found appropriate through Site Plan Review, the maximum height shall be 24 feet (flat roofs) or 28 feet (pitched roofs) above existing or finished grade, whichever is lower.

Chimneys and rooftop antennas may be permitted to extend above the permitted height of the structure.

Land Use Plan Policy 6.12 states:

All new structures shall be sited and designed to minimize impacts to visual resources by:
a. Ensuring visual compatibility with the character of surrounding areas. b. Avoiding large cantilevers or understories.
c. Setting back higher elements of the structure toward the center or uphill portion of the building.

The following Local Implementation Plan (LIP) sections are specifically applicable in this case:

LIP Section 3.9(A)(1), in relevant part, states:
a. Structures shall not exceed a maximum height of 18 feet above natural or finished grade, whichever results in a lower building height, except for chimneys, rooftop antenna, and light standards. The maximum height of the structure may be LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
35 increased up to 28 feet for a flat or pitched roof if approved through a site plan review pursuant to Section 13.27 of the Malibu LIP.
b. Flagpoles, satellite dishes, safety railings, elevator shafts, stairwells, church spires, and belfries may be increased up to a maximum of 35 feet if approved through a site plan review pursuant to Section 13.27 of the Malibu LIP. Roofmounted mechanical equipment shall be integrated into the roof design, screened, and may project no more than two feet higher than the structure roof height (screens included) if approved through a site plan review pursuant to Section 13.27 of the Malibu LIP.
c. In no event shall the maximum number of stories above grade be greater than two.
…
The Malibu LCP provides for the protection of scenic and visual resources, including views of the beach and ocean, views of mountains and canyons, and views of natural habitat areas. The LCP identifies Scenic Roads, which are those roads within the City that traverse or provide views of areas with outstanding scenic quality that contain striking views of natural vegetation, geology, and other unique natural features, including the beach and ocean. The Malibu LCP requires that new development be sited and designed to minimize adverse impacts on scenic areas visible from scenic roads and public viewing areas.

Where this is not feasible, new development must minimize impacts through siting and design measures. Section 30251 of the Coastal Act, which is incorporated into the Malibu LUP as a policy, requires that “permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural landforms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas.” The area surrounding MMHS Campus is developed as a semi-rural residential neighborhood. The area is characterized by rolling slopes that descend southwesterly towards Zuma Beach. Pacific Coast Highway, a designated Scenic Road, lies between the campus and Zuma Beach. The elevation of the campus site ranges from approximately 100 feet along Morning View Drive on the south side, up to approximately 208 feet on the north side of campus. The campus is developed with facilities associated with a middle and high school, including classrooms and administrative buildings, a swimming pool, tennis courts, parking lots, and sports fields. A large berm separates the high school’s main sports field area from the equestrian park to the east. Public land/public viewing areas include Zuma Beach County Park, approximately 1,400 feet to the south, and National Park Service land, approximately 4,000 feet inland to the north. The Zuma Ridge Trail, which traverses in an east-west direction, is near the National Parks Service Land to the north.

The LIP portion of the City’s amendment proposes to increase the building height standards for campus buildings/structures from a maximum of 28 feet for sloped roofs to a maximum of 45 feet in height from finished grade. Specifically, proposed LIP Section

3.4.6(A)(1) would allow Building H (Theater/Performing Arts) and Building J (High School Gym/Physical Education) to be a maximum of 45 feet above finished grade, Building C LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
36 (High School Building) and Building D (Middle School Gym) a maximum of 36 feet from finished grade. The district has indicated that these building height increases are required to modernize the middle and high school buildings to allow for flexible and creative classroom spaces that are characterized by higher ceilings. The proposed additional height allows for improved ventilation, noise attenuation, and natural lighting. Additionally, the district has indicated that to meet the standards established by the District’s Educational Specifications, the California Interscholastic Federation, and the National Federation of State High School Association, Buildings D, C, H, and J must be 36 feet on average, with the science lab hood ventilation equipment for the science classrooms extending to 41 feet high. The gymnasium and theater/performing arts building are proposed at a maximum of 45 feet.

The project site is set amongst rolling slopes, with buildings and athletic fields on four terraces set into the hillside, each on a slightly higher elevation. The split-level configuration of the campus serves to blend development within the existing terrain of the project site and the surrounding area. The project site is already developed with existing campus facilities and uses, and the redevelopment of existing buildings and parking lots with a similar use in approximately similar locations would not result in a substantial change in the visual character of the area. While building heights would exceed the LCP-required maximum building heights, the proposed buildings would be terraced within the existing topography, would not block scenic views, and will not result in significant adverse visual resource impacts consistent with LUP Policy 6.7.

In addition, Coastal Act Section 30251 requires new development to be sited and designed to protect views to and along the coast, minimize landform alteration, and be visually compatible with the surrounding area. The City carried out a visual analysis of the proposed project and found visibility from designated scenic routes (Pacific Coast Highway) and scenic areas (beaches and trails) is highly limited and obscured by topography, vegetation, and existing development on campus. The proposed buildings are located entirely within an existing developed educational institution and, therefore, will be visually compatible with the character of the surrounding area. Therefore, the Commission finds that the proposed height increases for the proposed development will not result in the obstruction of public views or other impacts to visual resources and is therefore consistent with and adequate to carry out the visual resource protection policies of the LUP.

The MMHS campus redevelopment project will require associated grading for the new development. However, the proposed amendment had no requirements, limitations, or development standards for total grading amounts for the project to ensure the development minimizes landform alteration consistent with Coastal Act Section 30251. To correct the omission of total grading standards for the proposed development, the City has requested that the Commission add a new development standards section under the proposed overlay district (LIP Section 3.4.6(A)(6)) to incorporate total maximum grading amounts that can be allowed for each phase of the campus redevelopment project. This section is incorporated as Suggested Modification Six (6),
For the reasons stated above, the Commission finds that LIP amendment, only if modified as suggested, conforms with, and is adequate to carry out, the policies of the certified Land LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
37 Use Plan, as amended.

LCP Administration
Several proposed revisions relate to the administration of the LCP. Suggested Modifications One (1), Three (3), Four (4), and Suggested Modifications Nine (9) through Twelve (12) include minor modifications to the proposed overlay district amendment language necessary to ensure consistency with the LCP, such as correcting typographical errors and incorrect references, adding the corresponding addresses and assessor parcel numbers to the overlay district text and the creation of a new overlay district map, restoring the underlying zoning designation for the project area under the LIP Zoning Map No. 2, and making minor clarifications that further the intent and implementation of the LCP and avoid ambiguity.

For the reasons stated above, the Commission finds that the LIP amendment, as suggested to be modified herein, will ensure internal LCP consistency and conform with and be adequate to carry out the policies of the certified Land Use Plan.

D. California Environmental Quality Act
Section 21080.9 of the California Public Resources Code—within the California Environmental Quality Act (CEQA)—exempts local governments from the requirement of preparing an environmental impact report (EIR) in connection with its activities and approvals necessary for the preparation and adoption of a local coastal program.

Instead, the CEQA responsibilities are assigned to the Coastal Commission; however, the Commission's LCP review and approval program has been found by the Resources Agency to be functionally equivalent to the EIR process. Thus, under CEQA Section 21080.5, the Commission is not obligated to prepare an EIR for each LCP action.

Nevertheless, the Commission is required, in approving an LCP submittal, to find that the approval of the proposed LCP, as amended, does conform with CEQA provisions, including the requirement in CEQA section 21080.5(d)(2)(A) that the amended LCP will not be approved or adopted as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment. 14 C.C.R. §§ 13540(f) and 13555(b).

The City’s LCP amendment consists of a Land Use Plan amendment and Local Implementation Plan amendment.

As discussed above, the Land Use Plan amendment has been found not to be in conformance with Chapter 3 policies of the Coastal Act. To resolve the concerns identified, suggested modifications have been made to the proposed amendment. With the incorporation of the suggested modifications, the Land Use Plan amendment is in conformity with the Coastal Act. The proposed Local Implementation Plan amendment is not in conformance with and is not adequate to carry out the Land Use Plan. With the incorporation of the Commission’s suggested modifications, the Local Implementation Plan amendment is in conformity with the Land Use Plan as amended. The suggested LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
38 modifications minimize or mitigate any potentially significant environmental impacts of the LCP amendment. If modified as suggested, the Commission finds that approval of the LCP amendment will not result in significant adverse environmental impacts within the meaning of the California Environmental Quality Act.

The Commission finds that for the reasons discussed in this report if the LCP amendment is modified as suggested, there are no additional feasible alternatives or feasible mitigation measures available that could substantially reduce any adverse environmental impacts.

The Commission further finds that the proposed LCP amendment, if modified as suggested, is consistent with Section 21080.5(d)(2)(A) of the Public Resources Code.

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
F8a
City of Malibu LCP Amendment
LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan)
September 8, 2023
Exhibits
Table of Contents
Exhibit 1 – Proposed LUP Amendment Text Changes in Strikethrough/Underline Exhibit 2 – Proposed LIP Amendment Text Changes in Strikethrough/Underline Exhibit 3 – Proposed Zoning Map No. 2
Exhibit 4 – Proposed MMHS Campus Specific Plan Site Plan Exhibit 5 – Proposed MMHS Campus Specific Plan Restoration Maps Exhibit 6 – Vicinity Map
Exhibit 7 – Aerial View of the Subject Parcels
Exhibit 8 – Parcel Map
Exhibit 9 – MMHS Campus Specific Plan Construction Phasing Plan Exhibit 10 - Habitat Restoration Plan for MMHS Campus, Malibu (PSOMAS, 2021)

PROPOSED CITY OF MALIBU LAND USE PLAN AMENDMENT TEXT

SUMMARY
Amend the LCP Land Use Plan (LUP) to add the following new ESHA policy. “3.24. The following types of new development and substantial redevelopment, as provided in the Malibu Middle and High School Campus Specific Plan, may provide a 50- foot ESHA buffer, if it does not significantly disrupt the ESHA habitat values:

1. Habitat creation, restoration, and/or enhancement activities;

2. Public accessways, trails, and associated minor improvements;

3. Directional, educational, and interpretive signs;

4. ESHA and creek-related educational uses and viewing platforms;

5. Relocation of existing roads, road rights-of-way, utilities, public infrastructure and facilities, and parking lots in a manner that involves no increase in development footprint for the portion within the habitat buffer area. If the improvement involves relocation, the new site shall be located no closer to ESHAs, wetlands, or creeks than the existing site and shall minimize encroachment into the habitat buffer to the maximum extent feasible;

6. Fuel modification required by the Los Angeles County Fire Department to meet the Fire Code Defensible Space Requirements for existing development in High Fire Hazard Areas; and

7. The following uses may be allowed where the encroachment into the habitat buffer is minimized to the extent feasible, where all feasible mitigation measures have been provided to minimize adverse environmental effects, and the maximum feasible habitat buffer between the development and the habitat is provided:
a. Limited exterior lighting for safety purposes; and
b. Fences necessary for safety, restoration, and protection of habitat.” Amend the LCP Land Use Plan (LUP) as follows:

6.7 The height of structures shall be limited to minimize impacts to visual resources.

The maximum allowable height, except for beachfront lots, shall be 18 feet above existing or finished grade, whichever is lower. On beachfront lots, or where found appropriate through Site Plan Review, the maximum height shall be 24 feet (flat roofs) or 28 feet (pitched roofs) above existing or finished grade, whichever is lower. Chimneys and rooftop antennas may be permitted to extend above the permitted height of the structure. The maximum height for buildings on the MMHS Campus shall be established in the MMHS Campus Specific Plan.

PROPOSED CITY OF MALIBU LOCAL IMPLEMENTATION PLAN

AMENDMENT TEXT SUMMARY
Chapter 3 – Zoning Designations and Permitted Uses
LIP Section 3.4.6 –Specific Plan Overlay District
The Specific plan overlay district is intended to provide for the classification and development of a parcel or parcels of land as a coordinated, comprehensive project that will result in a more desirable development or physical environment than would be possible through the strict application of conventional zoning regulations and standards. All uses within the boundaries of the specific plans listed below shall comply with the provisions of the specific plan in addition to applicable standards in the underlying zone (unless otherwise specified), other provisions of this ordinance, and other provisions of law.

A. Malibu Middle and High School Campus Specific Plan
The Malibu Middle and High School (MMHS) Campus Specific Plan establishes the development standards and plan for the Malibu Middle and High School Campus.

Development on the property covered by the specific plan will be governed by the specific plan guidelines and regulations in addition to applicable standards in the underlying zone (unless otherwise specified), other provisions of this ordinance, and other provisions of law.

The following are the development standards for the MMHS Campus Specific Plan:

1. Height. Except as allowed in this section structures shall not exceed eighteen (18) feet above finished or natural grade, whichever results in lower building height, except for chimneys, rooftop antenna, and light standards. All development proposed above eighteen (18) feet in height must require a Site Plan Review, pursuant to Section 13.27 of the Malibu LIP. Should a Site Plan Review be required, the entire development above eighteen (18) feet, including all roof projections, requires the installation of story poles to ensure private view protection. a. Building C: High School Building shall not exceed a maximum height of thirtysix (36) feet finished grade, except for chimneys, rooftop antenna, and light standards that shall not exceed forty-one (41) feet above approved grading plan. b. Building D: Middle School Gym/Multi-Purpose Room and Structures shall not exceed a maximum height of thirty-six (36) feet finished grade, except for chimneys, rooftop antenna, and light standards that shall not exceed forty (40) feet.
c. Building H: Theater/Performing Arts and shall not exceed a maximum height of forty-five (45) feet above finished grade.
d. Building J: Gym/Physical Education shall not exceed a maximum height of forty-five (45) feet above finished grade.
e. Building L: shall not exceed a maximum height of eighteen (18) feet above finished grade, except for chimneys, rooftop antenna, and light standards that shall not exceed a maximum height of 28 feet.
f. For all other buildings, roof-mounted mechanical equipment shall be integrated into the roof design, screened, and may project no more than two feet higher than the structure roof height (screens included).
g. In no event shall the maximum number of stories above grade be greater than two.

2. Yards/Setbacks.
a. Building placement for Phase 1 shall be as shown on Figure 6, Proposed Site Plan, as approved by City Council. Building Placement for subsequent phases will be considered by the City as part of the site plan review process. b. Any future buildings must comply with the following:
(1) Front yard setbacks shall be ten (10) feet from the street easement. (2) Side yard setbacks shall be five feet
(a) When adjacent to a residentially-zoned parcel(s) along a side yard, the setback shall be increased to ten (10) percent of the lot width or ten (10) feet, whichever is greater.
(b) When adjacent to the ESHA all buildings shall have a 100-foot setback from the ESHA. With the exception of access trails and fencing, and parking, all other improvements shall be setback 50-feet from the ESHA.
(3) Rear yard setbacks shall be five feet; however, when adjacent to a residentially-zoned parcel(s) along the rear yard, the setback shall be increased to fifteen (15) percent of the lot depth or fifteen (15) feet, whichever is greater.

3. Site Development Criteria. All proposed construction within the MMHS Campus Specific Plan shall comply with the following site development standards:
a. Structure Size. The gross floor area of all buildings on a given parcel shall be limited to a maximum Floor Area Ratio (FAR) of 0.15, or fifteen (15) percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements). Additional gross floor area may be approved by the city council, up to the maximum allowed for the parcel under the general plan, where additional significant public benefits and amenities are provided as part of the project.
b. Landscaping and Site Permeability. Twenty-five (25) percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements) shall be devoted to landscaping. The required five-foot landscape buffer around the perimeter of parking areas pursuant to Section 3.14.5 (E)(1) shall count toward the twenty-five (25) percent requirement. An additional five percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements) shall be permeable.
c. Sports field lighting shall be limited to the main sports field and parking lots at Malibu High School. All new outdoor lighting shall adhere to the standards of Malibu Local Coastal Program Local Implementation Plan Sections 4.6.2 and

6.5.G
d. All parking areas within the 100-foot ESHA area shall be paved with permeable pavement, to allow stormwater runoff to infiltrate into the soil below.

Suspended paving systems shall be constructed below the permeable paving to treat and slow stormwater runoff before it reaches the ESHA. The system shall be designed to provide treatment and storage for stormwater but also promote healthy tree growth within parking areas.

5. Wayfinding and Informational Signage
The following describes the types of allowed signs pursuant to the MMHS Campus Specific Plan:
a. Building Identification Signs. All buildings will have non-illuminated identification signs mounted flush to the wall to comply with public safety requirements.
b. Marquee signs. Two double-sided monument signs would be allowed on Morning View Drive. The monument signs would be a maximum of five feet tall and contain an LED display screen, 10 mm pixel spacing with dimmable brightness that is oriented perpendicular to Morning View Drive facing east. The signs would be placed on concrete wall support and have an internally illuminated logo and must be turned off within one-half hour of all school events.

6. Permitted Uses in ESHA Buffer
New development and substantial redevelopment as provided in the Malibu Middle and High School Campus Specific Plan may be allowed in the 100-foot ESHA buffer, but in no case closer than than 50 feet as shown on MMHS Campus Specific Plan ESHA Restoration Map Nos. 1, 2, and 3 of the Malibu LIP, if it does not significantly disrupt the habitat values of ESHA and may include:

1. ESHA and creek-related educational uses and viewing platforms;

2. Relocation of existing roads, road rights-of-way, utilities, public infrastructure and facilities, and Parking Lots D and E as depicted on the Proposed Site Plan MMHS Campus Specific Plan of the Malibu LIP. The redevelopment shall be accomplished in a manner that involves no increase in development footprint for the portion within the habitat buffer area. If the improvement involves relocation, the new site shall be located no closer to ESHAs, wetlands, or creeks than the existing site and shall minimize encroachment into the habitat buffer to the maximum extent feasible;

3. Fuel modification required by the State Fire Marshall to meet the Fire Code Defensible Space Requirements for existing development in High Fire Hazard Areas; and

4. The following uses may be allowed where the encroachment into the habitat buffer is minimized to the extent feasible, where all feasible mitigation measures have been provided to minimize adverse environmental effects, and the maximum feasible habitat buffer between the development and the habitat is provided:
a. Limited exterior lighting for safety purposes; and
b. Fences necessary for safety, restoration, and protection of habitat.

7. ESHA Restoration Plan
The ESHA Restoration Plan shall be implemented as part of Phase 1 of the MMHS Campus Specific Plan and completed by Phase 4 as specified in the plan. Work shall be completed as shown on “ESHA Restoration Map Nos. 1, 2, and 3.” As a condition of approval of, and prior to issuance of a coastal development permit for Phase I of the Malibu Middle and High School Campus Specific Plan, a phased ESHA Restoration Plan shall be submitted for review and approval by the City Biologist.

During Phase 1 of the MMHS Campus Specific Plan, demolition of hardscape within the 100-foot buffer of the downstream area would occur. Restoration activities that would occur within the entire reach include weed abatement, broadcast of native seed and planting of native stock and invasive plant controls. Bank stability improvements and erosion control would occur in the upstream and downstream portions of the ESHA during Phase 1, which include the proposed pedestrian trail and new drive aisles.

Demolition of developed areas within the 100-foot buffer of the upstream and middle stream area would occur during Phase 4, as the Bus Barn and other existing structures would remain operational until Phase 4 commences. Upon completion of Phase 4, the pedestrian trail would be completed and connect to existing trails on the campus.

Any proposed changes to the ESHA Restoration Plan on file with the City must be approved by the City Biologist in consultation with the California Coastal Commission Biologist.

Chapter 3 – Signs
Modify LIP Section 3.15.3(J) – Prohibited Signs.

Automatic changing signs or electronic message center signs, except for public service time and temperature signs, and public safety signs such as changeable traffic message signs, except as otherwise provided allowed by the Malibu Middle and High School Campus Specific Plan.

Chapter 4 – Environmentally Sensitive Habitat Area Overlay

4.5. PERMITTED USES

4.5.4 Environmentally Sensitive Habitat Buffers

1. Public accessways and trails, including directional signs

2. Interpretive signage designed to provide information about the value and protection of the resources

3. Restoration projects where the primary purpose is restoration of the habitat.

4. Invasive plant eradication projects if they are designed to protect and enhance habitat values.

5. Uses listed in LIP Section 3.4.6(A)(6) for the Malibu Middle and High School Campus Specific Plan project.

4.6.1. Buffers
New development adjacent to the following habitats shall provide native vegetation buffer areas to serve as transitional habitat and provide distance and physical barriers to human intrusion. Buffers shall be of a sufficient size to ensure the biological integrity and preservation of the habitat they are designed to protect.

Vegetation removal, vegetation thinning, or planting of non-native or invasive vegetation shall not be permitted within buffers except as provided in Section 4.6.1 (E) or (F) of the Malibu LIP. The following buffer standards shall apply:

1. Stream/Riparian
New development shall provide a buffer of no less than 100 feet in width from the outer edge of the canopy of riparian vegetation. Where riparian vegetation is not present, the buffer shall be measured from the outer edge of the bank of the subject stream.

However, in the Point Dume area, new development shall be designed to avoid encroachment on slopes of 25 percent grade or steeper and new development and substantial redevelopment of the Malibu Middle and High School Campus shall meet the standards in Section 3.46(A)(2).

2. Wetlands
New development shall provide a buffer of no less than 100 feet in width from the upland limit of the wetland.

3. Woodland ESHA
New development shall provide a buffer of no less than 100 feet in width from the outer edge of the tree canopy for oak or other native woodland.

4. Coastal Bluff ESHA
New development shall provide a buffer of no less than 100 feet from the bluff edge.

5. Coastal Sage Scrub ESHA
New development shall provide a buffer of sufficient width to ensure that no required fuel modification area (Zones A, B, and C, if required) will extend into the ESHA and that no structures will be within 100 feet of the outer edge of the plants that comprise the coastal sage scrub plant community.

6. Chaparral ESHA
New development shall provide a buffer of sufficient width to ensure that no required fuel modification area (Zones A, B, and C, if required) will extend into the ESHA and that no structures will be within 100 feet of the outer edge of the plants that comprise the chaparral plant community.

7. Other ESHA
For other ESHA areas not listed above, the buffer recommended by the Environmental Review Board or City biologist, in consultation with the California Department of Fish and Game, as necessary to avoid adverse impacts to the ESHA shall be required.

LOCAL COASTAL PROGRAM ZONING MAP NO. 2

PROPOSED SITE PLAN FOR THE MMHS CAMPUS SPECIFIC PLAN
MMHS CAMPUS SPECIFIC PLAN ESHA RESTORATION MAP NOS. 1, 2, AND 3

Exhibit 6
Vicinity Map
LCP-4-MAL-22-0043-1
Point
Dume
Zuma Beach
Project
Location
Westward Beach

Exhibit 8
Parcel Map
LCP-4-MAL-22-0043-1
Subject
Parcel
Subject
Parcels

5 Hutton Centre Drive
Suite 300
Santa Ana, CA 92707
Tel 714.751.7373
Fax 714.545.8883
www.Psomas.com
September 29, 2021
Updated September 26, 2022
Noemi Avila-Zamudio VIA EMAIL
Deputy Bond Program Manager [email protected]
Bond Construction Program
Santa Monica-Malibu Unified School District
Facility Improvement Projects
2828 Fourth Street
Santa Monica, California 90405
Subject: Habitat Restoration Plan for an Environmentally Sensitive Habitat Area in Support of the Malibu Middle and High School Campus Specific Plan and Local Coastal Plan Amendment Project, Malibu, California
Dear Noemi Avila-Zamudio:

This Habitat Restoration Plan (Plan) has been prepared for the Santa Monica-Malibu Unified School District (District) as a component of the Malibu Middle and High School Campus Specific Plan and Local Coastal Program (LCP) Amendment Project (proposed project). The Plan describes restoration efforts for the Environmentally Sensitive Habitat Area (ESHA), and adjacent buffer located on District property comprised of the former Juan Cabrillo Elementary School and Malibu Middle and High Schools, collectively referred to as the Malibu Campus. This Plan describes the following:
• Project location and a brief project description;
• Regulatory framework;
• Existing conditions for biological and jurisdictional resources; • Hydrological/hydraulics studies for the ESHA; and
• Restoration program, including site preparation, plant/seed palettes, planting/seeding plan and recommended maintenance and monitoring procedures over a 2-year period.

On September 26, 2022, this plan was updated to include the final planting plan and construction documents (Appendix 3).

PROJECT LOCATION
The Malibu Campus is located at 30215 Morning View Drive in the City of Malibu, Los Angeles County, California (Exhibit 1, Regional Location). It is located east of Via Cabrillo, north of Morning View Drive, west of Merritt Drive, and south of Heights Road, approximately 0.25-mile northeast of Pacific Coast Highway. The Study Area is depicted on the U.S. Geological Survey’s (USGS’) Point Dume 7.5-minute topographic quadrangle of the San Bernardino Meridian in Township 02 South, Range 19 West, Section 01 (Exhibit 2, USGS 7.5 Minute Digital Quadrangle). The Study Area considered in this Plan consists of the Specific Plan boundary and includes the entire property owned by the District. It is within the Santa Monica ATTACHMENT 2 - EXHIBIT B
Noemi Avila-Zamudio
September 29, 2021, updated on September 26, 2022