Agenda packet, first session — Malibu City Council, October 23, 2023 (part 3 of 6)

replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.

Timely Notice Of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional Insurance. The consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

Attachment #2
www.pegstudios.com
Dear Alex Montano,
Please find the enclosed proposal from Pegasus Studios (“Pegasus”) in response to the City of Malibu (“City”) Request For Proposals (“RFP”) for Video Broadcast Services.

Pegasus Studios is based in Southern California and has been providing quality video production services since 2002. We have a proven track record of success and a reputation for delivering high-quality results.

Our team currently provides services for the counties of Los Angeles, Orange, Santa Barbara and Ventura. We also provide services for the cities of Agoura Hills, Camarillo, Manhattan Beach, Moorpark, Simi Valley, Huntington Beach and West Hollywood.

Our name, Pegasus, is rooted in our mission to deliver an unparalleled level of excellence to our partners in the public, education and government sectors. We have a production team that are experts in all aspects of video production, and we are confident in our ability to immediately commence services for the City based upon our expertise mirroring the requested Scope of Work.

Our team understands the importance of this contract and we believe strongly that we can provide the best solution to the City of Malibu. The proposal price included is valid for a term of 180 days. Should you have any questions about our responses or our proposal, please do not hesitate to reach out to me directly by emailing [email protected], or by calling 818-216-3939.

Sincerely,
Robert Schwieger
Owner
Pegasus Studios
14275 Peach Hill Rd. Moorpark, CA 93021
Office Phone: (805) 222-0014

Executive Summary
Pegasus Studios (“Pegasus”) has been providing quality video production services in the Southern California area since 2002. We are pleased to submit this proposal to provide Video Broadcast Services for the City of Malibu.

Who We Are
Pegasus Studios has over 15 years of
experience providing broadcast,
management and production services
for government agencies, including four
counties and eight cities.

Our Services
We have extensive experience providing professional broadcasting services for municipal agencies and government television channels including equipment testing and management. We provide technical consultation for the repair, modification and upgrade of broadcast-related equipment.

Our Clients
Our team currently provides services for the Counties of Santa Barbara, Ventura, Orange and Los Angeles. We provide management, broadcast and production services for the cities of Agoura Hills, Moorpark, Manhattan Beach and Simi Valley. Additionally, we provide video production services for the cities of Camarillo, Huntington Beach and West Hollywood. We also provide additional support services to other agencies including the City of Malibu.

Why Pegasus Studios
Our name, Pegasus, is rooted in providing our mission of delivering an unmatched level of excellence to our partners in the public, education and government sectors.

Beginning with the City of Moorpark in 2008, we are very proud to say that our partnership with every government agency we have provided service for continues to this day. Our team understands the importance of this partnership and we believe that we can provide the best solution for the City of Malibu. www.pegstudios.com

1. Organization, Credentials and Experience
a. Provide a summary of the company’s qualifications, credentials and related past experience.

Pegasus Studios currently provides broadcast and video production services to the counties of Santa Barbara and Ventura, and the cities of Agoura Hills, Manhattan Beach, Moorpark and Simi Valley. We also provide video production services for the cities of Camarillo and West Hollywood.

In 2008 we began contracting with the City of Moorpark to provide their broadcast and video production services. We currently operate the Moorpark Television Channel MPTV. Our staff broadcasts and records live meetings for television, web streaming on Granicus and Zoom integration. We schedule replays and original content and work with city staff to maintain quality control over all audio and video broadcast-related equipment. We assist with programming and updating the bulletin board message system. We are extremely proud of the original and creative videos we have produced on behalf of the city featuring local events, groundbreaking ceremonies, public service announcements, economic development videos promoting local business and the yearly State of the City video.

Pegasus Studios began offering video production and broadcasting services to the County of Ventura in 2009. We currently provide services on an as-needed basis to support county staff. Services include pre-meeting setup and testing of all audio and video equipment, recording, broadcast and streaming of live meetings. Meetings include the Board of Supervisors, the Planning Commission and a variety of other boards and commissions. Recently we provided consulting services to county staff as they implemented a new graphics system using Ross Xpression. We also provide live streaming services, using our mobile broadcasting studio for off-site productions. We have worked with the county to produce videos and public service announcements for the Health Department and General Services Agency.

We began working with the City of Simi Valley in 2012. We provide broadcast and video production services for the operation of their government channel, Simi Valley Television. We provide staffing to film, broadcast and record all live meetings. Our team schedules the meeting replays and programming and assists with their bulletin board system. Meetings are streamed live on Granicus and YouTube. We have worked closely with city staff in the creation of a completely new and redesigned bulletin board system using the Tightrope Cablecast and Carousel system. We produce original content such as public service announcement videos, a yearly State of the City video and community www.pegstudios.com
event videos. Additionally, we helped coordinate services for the design and install process when Simi Valley replaced their entire broadcast system and upgraded the Council Chambers in 2020.

In 2017 we began providing broadcast and video production services for the City of Manhattan Beach. Our staff provides broadcast services for all of their televised and hybrid streamed meetings. We coordinate to provide closed captioning services during the live broadcasts. In 2019 we helped the city upgrade their broadcast system which was using the Nexus Leightronix to the Tightrope Cablecast and Carousel system. We are currently assisting the city with consulting services as they begin the development of an RFP to upgrade the entire broadcast and audio/visual (A/V) system. Our production team also creates original video content in the form of public service announcement videos and the filming of local city events.

Pegasus Studios began providing video production services for the City of Camarillo in 2021. We produce content for the city on a bi-monthly schedule that airs on their government channel as part of their CityScene Programming. We also provide as-needed video production, photography and aerial drone services in addition to filming their annual State of the City event.

We began working with the City of West Hollywood in 2022. The city has retained our services to provide as-needed video production, photography and live-streaming services.

We currently manage the County of Santa Barbara’s Government Channel CSBTV. Our team provides broadcasting services for their Board of Supervisors meetings and Planning meetings as well as other boards and commissions. We oversee all production duties including recording, broadcasting on television, web streaming on YouTube and Granicus, scheduling and channel management. Our team works with county staff to facilitate Spanish language interpretation, closed captioning and Zoom integration with the public and remote users. We also provide off-site remote streaming and broadcast operations using our mobile steaming studio and cameras. In addition, we provide video production services for events and public service announcements.

In 2022 we began working with the City of Agoura Hills providing broadcasting, video production and live streaming services. We effectively utilized our mobile live-streaming studio to live-stream their Council Reorganization meeting. We also produced their State of the City Video.

Our production team currently provides video production services to the County of Orange, the County of Los Angeles and the City of Huntington Beach. www.pegstudios.com
b. Describe the size of the company, and indicate the principal, company official(s) and other personnel who will be assigned to work on behalf of the City.

Provide resumes, biographies and information on the key personnel who will be assigned to this work.

Robert Schwieger is the Owner of Pegasus Studios, providing exceptional broadcast and video production services to clients in the public, education and government sectors. With a Bachelor’s Degree in Video/Digital Media from California State University at Northridge and an Associate’s Degree in Art from Moorpark Community College, Robert’s passion for film, photography and business is evident in the high-quality video and live productions he creates.

Robert’s extensive background in broadcast production, editing, computer graphics and camera operations has made him a sought-after project director for several municipalities. He has a proven record of managing employees and subcontractors and delivering results-driven services to clients, all while fostering a collaborative team environment.

His expertise extends beyond the world of public and government clients. In 2002, he founded Robert Michael Films, a successful video production company that specializes in the wedding and live event industry. Recognized as one of the top wedding and event videographers in the world, Robert has filmed weddings and events for a range of high-profile clients, including members of the Los Angeles Lakers, Rams, Dodgers, Halle Berry, Jimmy Buffet and many more.

His experience in live event coverage has honed his unique talent for blending cinematography and fast-paced live event coverage, and he has applied this philosophy to each government client, ensuring all productions have not only excellent A/V operations but also a focus on composition and film techniques often overlooked in government broadcasts. He trains all project managers and staff to carry this philosophy into every government production.

Robert has produced video content for the Jenesse Center, the oldest domestic violence intervention program in South Los Angeles. He helped them secure a one million dollar grant from the federal government. He has also worked with the Young African American Women's Conference, the Public Funds Forum, Project IMPACT, the Wellness Community, Louis Vuitton, Rosewood Resorts and many other organizations.

With his leadership abilities and unwavering commitment to client success, Robert has built Pegasus Studios into a successful firm that consistently exceeds customer www.pegstudios.com
expectations. He is a driven professional who delivers exceptional broadcast services to help clients achieve their goals.

Martin Zitzelberger is the Pegasus Studios Senior Project Manager. He began his career in live production, working with a variety of high-budget events and broadcasts for clients such as the Milken Institute and Skybridge Alternative. He became known for his ability to work seamlessly with teams and help produce high-quality live events.

In 2016, Martin joined Pegasus Studios as a broadcast technician, where he quickly became a key player in the company's operations. He was instrumental in helping Pegasus expand its services to six different government agencies, providing broadcast support and expertise to a wide range of clients. Martin has worked with a variety of equipment and technologies to ensure that the live broadcasts run smoothly and without interruption.

As a Project Manager at Pegasus, Martin now oversees all aspects of the Santa Barbara County Board of Supervisors broadcast, from initial planning and coordination to final execution. He also provides management support for the City of Manhattan Beach, Agoura Hills, Moorpark and Ventura County.

Alongside Robert, he works closely with a team of technicians, engineers and other professionals to ensure that every project runs smoothly and meets the highest standards. He also trains new employees and works with outside vendors to maintain and repair equipment, ensuring that Pegasus is always at the forefront of the industry.

Martin's versatile skill set and positive personality have been instrumental in his success in live production. He is able to think on his feet and take immediate action when necessary, while always maintaining a calm and professional demeanor.

Mark Doddy has built an impressive career in government broadcast television, spanning over 15 years of experience working with cities across California, including the cities of Los Angeles, Torrance, Rancho Palos Verdes Estates, Orange and Manhattan Beach.

Mark got his start in the industry at Torrance Access, where he served for five years as a video production instructor, working on all aspects of TV production. In this role, he was responsible for managing the studio space, channel management, broadcast production and creating monthly operating reports.
www.pegstudios.com
From there, Mark moved on to become the TV manager of the Rancho Palos Verdes facility. Over the course of ten years, he honed his skills in meeting and event production, producing and supervising weekly City Council and Planning Commission meetings. He also managed the production team to create weekly news programs and oversaw the installation of a new broadcast studio for the recording and broadcast of city meetings.

When not working with cities, Mark has leveraged his expertise as a freelancer, providing A/V Support for large-scale conferences and events in downtown Los Angeles, including venues such as L.A Live, Hilton and Marriott.

Currently, Mark is the Senior Broadcast Technician at the City of Manhattan Beach. With his extensive knowledge and experience in government broadcast television, Mark is an extremely valuable asset to our team.

Jason Larkin is a highly experienced Broadcast Technician with a background in audio/video production and business management. He holds a Bachelor's degree in Business from Cal State Fullerton and a Journeyman’s Certificate in Audio Engineering from the Musicians Institute in Hollywood.

With over ten years of experience in video editing and audio recording, Jason brings a wealth of technical expertise to the Pegasus team. His strong multitasking skills, exceptional organization and interpersonal communication skills make him a perfect match for live broadcast productions that require exceptional attention to detail and focus.

In his current role as Broadcast Technician, Jason runs all video, audio and graphic elements for the Manhattan Beach City Council meetings. He also manages all audio operations for live outdoor city events. In addition to his broadcast experience, Jason has run a recording studio where he was responsible for tracking and editing artists in a professional setting.

David Bello Is a Broadcast Technician and Video Producer. He has a creative background in production, developing and producing compelling video content for a variety of digital channels and marketing.

He holds a Bachelor's degree in Film and Television Production from Columbia College-Hollywood and is passionate about local government broadcasting. www.pegstudios.com
Evan Rosenberg is an award-winning filmmaker who has produced and filmed content for such brands, organizations and institutions as Toyota, Disneyland, the Paralympics, Pine-Sol, UPS, the Los Angeles Chargers, the Philharmonic Society of Orange County, and California State University, Fullerton.

He was commissioned by the J. Paul Getty Museum's Education Department to create the K-12 video curriculum for their Degas module.

He has produced two full-length documentaries for PBS SoCal, has shot for television series including Say Yes to The Dress: Atlanta, Valerie’s Home Cooking and To The Rescue! and his footage has been licensed for use in commercials and series including MSNBC, Dr. Pepper, Dancing With The Stars and Sprint.

He created Anaheim Ballet’s online video series, “Anaheim Ballet: More Than Dance…”, which has received over 65 million views on YouTube. His video work has been featured on-stage at the Koch Theater, Lincoln Center, NYC.

Jasmine Yamanaka works with Pegasus as an Editor and Broadcast Technician. In her current role she helps oversee productions for the County of Santa Barbara government channel CSBTV.

She has an educational background in Film and Creative writing, receiving a Bachelor of Arts degree from California Riverside. She received the Chancellor’s Performance Scholarship Award, the Dean’s Academic Distinction Award and an award for Best Film, Audience Award’ “Special”, An SF 48 Film Project Film as the film's editor.

Prior to joining the Pegasus team, Jasmine worked at Santa Barbara Television and Narrative Ads as an editor, videographer and broadcast technician. c. Provide a list of three of the Consultant’s clients with contact information including the names, titles, addresses, phone numbers and email addresses for the appropriate persons at the client company that the City can contact regarding current or recent work assignments.

Reference 1
Agency/Firm: City of Moorpark, 799 Moorpark Ave
Service Type: Broadcast Services and Video Production
www.pegstudios.com
Contract Term: 2008-Present
Contact: Brian Chong, Assistant to the City Manager
Telephone: 805-517-6200
Email: [email protected]
Reference 2
Agency/Firm: City of Simi Valley, 2929 Tapo Canyon Rd.

Service Type: Broadcast Services and Video Production
Contract Term: 2012-Present
Contact: Mara Malch, Deputy Environmental Services Dir.

Telephone: 805-583-6762
Email: [email protected]
Reference 3
Agency/Firm: City of Camarillo, 601 Carmen Dr.

Service Type: Video Production
Contract Term: 2021-Present
Contact: Michelle D’Anna, Assistant to the City Manager Telephone: (805) 388-5370
Email: [email protected]
www.pegstudios.com

2. Understanding of the Scope of Work
We view our relationship with the city as a partnership. Our team is an extension of city staff and is here to support and enhance services for staff, elected officials and the residents of the city.

In addition to our experience providing video broadcast services for other municipalities, Pegasus has hands-on experience working with the City of Malibu. In March of 2023, our team began broadcasting the city’s City Council and Planning Commission Meetings.

Our team provided pre-production testing and meeting set up, recording, broadcast operations and post-meeting services. We documented all set up and operation procedures and created meeting checklists and an operation manual. We also documented any technical issues that occurred with the audio visual system.

Services we will provide:
● Broadcast services for all regularly scheduled City Council and Planning Commission meetings
● Broadcast services for all special City Council and Planning Commission meetings
● Broadcast services for all regularly scheduled school board meetings ● Pre-production testing
● Troubleshooting, basic maintenance and reporting of technical issues ● Channel management, scheduling, post-meeting trimming ● Reporting and tracking of technical issues and QA/QC
● Documentation creation and updating of: Standard Operating Procedure, Pre and Post Meeting Checklists, Emergency Operations Guide, and Troubleshooting Guide
● Consulting for A/V upgrades, repair, and replacement
● Zoom best practices and optimal integration recommendations ● Graphics integration and improvement, including graphic design work ● Optional closed captioning or language translation services ● ADL best practices and compliance
● Brown Act compliance
● Best practices and training for city staff with the A/V equipment, such as how to display presentations or operate equipment in an emergency situation www.pegstudios.com
● Our vendor support network: We have a large network of subcontractors, relationships with other production companies and other city staff that we can call on for support
● Production services: As needed services for videography, photography, aerial drone media, and editing services
● Live streaming services and mobile production options ● Consulting services related to equipment upgrades or system modernization The Pegasus Method:

Management
Our management team collaborates with city staff to facilitate meeting notifications and allocate appropriate staffing for all productions. Additionally, we conduct weekly checks of the city website to keep track of any updates or changes in the schedule.

Pegasus staff will work closely with the clerk and other representatives to ensure that each meeting runs smoothly and any questions or concerns are addressed as soon as possible.

Operation
On a meeting day our broadcast technician will arrive two hours before the scheduled meeting start time. Two operators will be on site for City Council and Planning Commission meetings and one will be scheduled for the School Board Meeting.

Upon arrival our technicians will test all of the equipment to verify the equipment is functioning properly. After completion of an on-air test they will review the agenda and prepare any graphics or titles needed. Additional tasks may be completed prior to the meeting start such as updating of the channel schedule, updating documentation and filling out the operation log reports.

Maintenance and reporting
Any potential issues discovered during testing will be promptly reported and documented for immediate resolution. Issues that require escalation will be reported to our management team who will coordinate with city staff for resolution. Operational issues will be added to our SOP and troubleshooting guides. Technical issues will be documented in our A/V health reports.
www.pegstudios.com
Consulting
Our team is well-versed in the latest technology trends and can assist with system upgrades that maximize broadcast efficiency and performance. Our management team will collaborate with the city and offer guidance on any system upgrades, and modernization as requested.
www.pegstudios.com

3. Professional Services Agreement
Pegasus Studios has read the request for proposal and agrees to comply with the terms and conditions of the City’s standard Professional Services Agreement as provided in Attachment 1 of the RFP.

4. Compliance
Pegasus Studios has read the request for proposal details and shall comply with the California Labor Code pursuant to said regulations entitled: Federal Labor Standards provisions; Federal Prevailing Wage Decision; State of California Prevailing Wage Rates, and the City of Malibu’s Minimum Wage Ordinance respectively.

5. Litigation
Pegasus Studios has never been involved in any litigation resulting from professional services.
www.pegstudios.com

6. Fees
Our cost proposal includes a flat rate to cover all of your broadcast service needs as well as optional hourly rates for as-requested services. All costs will be billed monthly.

A. Broadcast Services: $6,000 per month
● Administrative services and management. Includes coordination with city staff, scheduling, consultation, training, reporting and documentation. ● Basic A/V maintenance and troubleshooting. Coordination with staff and subcontractors for maintenance and repair issues.
● Channel schedule management.
● Two (2) Broadcast Technicians for all regularly scheduled City Council and Planning Commission meetings.
● Two (2) Broadcast Technicians for all special City Council and Planning Commission meetings.
- Technicians will arrive two (2) hours prior to the meeting start.

B. Hourly Rates for Additional Services:
● Broadcast Services for the SMMUSD school board meetings: $90 hour ○ One (1) Broadcast Technician for all regularly scheduled SMMUSD school board meetings. Four (4) hour minimum charge. Technician will arrive two (2) hours prior to the meeting start.
● Broadcast Services for other Board or Commission meetings: $90 hour ○ For meetings other than the City Council and Planning Commission. One (1) Broadcast Technician. Four (4) hour minimum charge. Technician will arrive two (2) hours prior to the meeting start.
www.pegstudios.com
● Extended services rate: $125 hour
○ For on-call services, emergency broadcast services with less than 24 hours notice or maintenance services as requested.
● Videography: $300 per hour, with a four (4) hour minimum ○ Includes one (1) videographer, one (1) 4k resolution camera, tripod and audio kit.
● Photography: $300 per hour, with a four (4) hour minimum ● Aerial drone videography or photography: $500 per hour ● Editing and post production: $125 per hour
● Live streaming: $800 per hour
○ Includes a two-person crew, multi-camera production, fully equipped live streaming mobile production studio for streaming to Zoom/YouTube and a recorded version delivered the day of production. Requires a 5 hour minimum as we need to be on site at least 3 hours prior to production to set up.

C. Optional Turnkey Video Production:
● Stand-alone video production option: $7,500
Each shoot day will include a six (6) hour block for set up, production and breakdown and will result in one (1) video per shoot. Edited videos typically run 3-5 minutes in length.

In the lead up to the production day we will work with city staff to identify topics of interest and create a script and a production schedule. We’ll meet with staff or talent via Zoom to review final details before the production and then schedule the shoot. www.pegstudios.com
For this style of production we bring two high resolution 4k video cameras, a professional lighting kit, boom mic and lavalier mic and sometimes a backdrop to your location. We utilize support equipment such as a camera gimbal for smooth footage or a drone for sweeping aerial views. We also have a teleprompter for the talent to read their script from.

When the shoot is complete we will import all of the footage and back it up. Our editing team will then craft a compelling story incorporating the interviews, b-roll, music, and graphics. We will provide you with a private draft of the edit to provide feedback before we finalize your content!
Additional videos can be added using our hourly editing rate to create content such as social media posts.
www.pegstudios.com
Request for Proposals for
Video Broadcast Services
Date Issued: Monday, August 24, 2023
Proposals must be received no later than 4:00pm Friday, August 11, 2023, via email to:

City of Malibu
Attn: Alex Montano, Media Analyst
[email protected]
Attachment #3

INTRODUCTION
The City of Malibu is seeking proposals from qualified firms to provide Video Broadcast Services for City meetings and other City events.

BACKGROUND
The City of Malibu (City) is a coastal city located in the northwestern portion of Los Angeles County, California, with a population of approximately 10,654. The City is host to approximately 15 million visitors a year. The City is a general law city incorporated under California law in 1991. It operates under the Council/Manager form of government, is considered a contract city and offers a full range of municipal services. The five Members of the City Council are elected at-large. They serve staggered four-year terms, with the Mayor being selected from among the Councilmembers. The City spans approximately 21 miles of the Pacific Ocean coastline, and extends inland less than a mile in most parts of that span, and slightly more than 2 miles at its widest span. The City currently has 102.5 full-time employees and 12.69 full-time equivalent part-time employees. The City, organized into seven departments, provides several services inhouse, including management and administrative services, building safety, community services, environmental sustainability, planning, public works and engineering. The City’s Adopted Fiscal Year 2023-24 totals $93.2 million and includes General Fund annual expenditures for ongoing City operations of $54.9 million.

The City of Malibu holds two City Council meetings on the second and fourth Mondays of every month, and two Planning Commission meetings on the first and third Mondays.

Both types of meetings require two technicians to successfully run the live meeting broadcast.

In addition to City Council and Planning Commission meetings, Santa Monica Malibu Unified School District also holds 5-6 school board meetings a year in the council chambers. School board meetings require one technician to run the live meeting broadcast and usually last around 4 hours. The cost of the technician is paid by the district.

The City also holds various other public meetings and events in the council chambers throughout the year that require technicians.

The City’s broadcast system consists of the following equipment:
• 4 cameras on Panasonic PTZ heads and camera controller • Blackmagic ATEM production switcher
• Various Extron AV equipment for presentations in the chambers. • Leightronix Ultra Nexus HD for scheduling playback
• Teradek encoders for YouTube streaming
• DataVideo GC-300 for broadcast graphics
• iCap caption encoder
• Sennheiser ADN conference mic system
The meetings are broadcast via the following platforms:

City of Malibu RFP
Video Broadcast Services
Upgrade and Expansion
June 2023

Page 3 of 6 ends

• Livestreamed on the City’s website via Wowza Video Platform. (https://Malibucity.org/TV)
• Livestreamed on the City’s YouTube channel.
• Live broadcast on Malibu City TV (Frontier Channel 3)

SCOPE OF WORK
The City provides video and audio broadcasting for meetings that occur in the Malibu City Hall Council Chambers. This includes City Council meetings, Planning Commission meetings, School Board meetings, and other City events. The City Holds a minimum of 22 City Council meetings, 22 Planning Commission meetings, and hosts 5 to 6 school board meetings a year. Meetings range in duration from about two (2) to six (6) hours.

Prospective bidders should be aware that meeting duration is not set, and technicians will be required to complete the meeting regardless of the length.

City meetings require two (2) technicians to run the broadcast system. School board meetings only require one (1) technician.

The City requires thoroughly knowledgeable technical professionals who will oversee and monitor the meeting broadcast video and audio feeds and utilize existing AV equipment to ensure quality broadcast. The technical professionals will also perform pre-meeting system testing to ensure all equipment is functional and operating correctly, and video is being distributed on all platforms. Technicians should arrive 2 hours before the start of meetings to perform all equipment testing and prepare for the meeting.

The technicians provided must be flexible and able to accommodate the potential for emergency meetings that could occur beyond the standard meeting schedules or meetings that may run longer than expected. Special meetings may be scheduled with as little as 24 hours of notice.

Video broadcast services include the operation of a wide range of audio and video equipment. The technicians should have experience with video production equipment and be able to set up, operate, troubleshoot and maintain the equipment. Specifically, the equipment named in the background section.

In addition to City meetings, the City produces video content such as event videos and short PSAs. The City may ask for other services related to the production of those videos. (filming, editing, etc.)
Proposals should include the following:
• The cost for 2 technicians for all regularly scheduled City Council and Planning Commission meetings.
• The cost for 2 technicians for special meetings outside of our regularly scheduled meetings. These meetings may be scheduled with only 24 hours of notice.

City of Malibu RFP
Video Broadcast Services
Upgrade and Expansion
June 2023

Page 4 of 6 ends

• The cost for 1 technician for date/time TBD SMMUSD school board meetings. • Hourly rates for other video productions services.

THE PROPOSAL
Proposals should not include any materials to be returned to the Consultant and should be concise. Each proposal must include the following information:

1. Organization, Credentials and Experience
a. Provide a summary of the company’s qualifications, credentials and related past experience.
b. Describe the size of the company, and indicate the principal, company official(s) and other personnel who will be assigned to work on behalf of the City. Provide resumes, biographies and information on the key personnel who will be assigned to this work.
c. Provide a list of three of the Consultant’s clients with contact information including the names, titles, addresses, phone numbers and email addresses for the appropriate persons at the client company that the City can contact regarding current or recent work assignments.

2. Understanding of the Scope of Work
Provide a narrative of the company’s understanding of the Scope of Work and detailed proposal to meet the City’s goals and priorities.

3. Professional Services Agreement
The selected provider must use and comply with the terms and conditions of the City’s standard Professional Services Agreement as provided in Attachment 1 of this RFP.

4. Compliance
Provide a written statement that the Consultant shall comply with the California Labor Code pursuant to said regulations entitled: Federal Labor Standards provisions; Federal Prevailing Wage Decision; State of California Prevailing Wage Rates, and the City of Malibu’s Minimum Wage Ordinance respectively.

5. Litigation
Firms are required to list past, current, or pending litigation resulting from professional services rendered over the past five years. If a court or an arbitrator rendered a decision, state the results.

6. Fees.

Provide a cost proposal for the completion of the scope of work.

City of Malibu RFP
Video Broadcast Services
Upgrade and Expansion
June 2023

Page 5 of 6 ends

PROPOSAL PROCEDURE
Clarifications: The City will respond to requests for clarification to the RFP in written Addendum(s) as needed. Inquiries should be directed by email only to [email protected]. No verbal requests will be accepted. All requests for clarification must be received by Friday, August 4, 2023.

Proposal Deadline: Submit an electronic copy of the complete proposal to:

Alex Montano, Media Analyst
City of Malibu
[email protected]
All proposals are due no later than 4:00pm Friday, August 11, 2023. The City reserves the right to extend the deadline or accept a late submittal with good cause shown.

Response Preparations: No reimbursement will be made by the City for costs incurred in the preparation of the response to this RFP. Submitted materials will not be returned and become the property of the City of Malibu.

Right to Reject Proposals: Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposal unless clearly and specifically noted in the proposal submitted and confirmed in the agreement between the City of Malibu and the firm selected. The City of Malibu reserves the right without prejudice to reject any or all proposals.

ATTACHMENTS:

1. Sample Professional Services Agreement

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of [date] by and between the City of Malibu (hereinafter referred to as the "City"), and ____________ (hereinafter referred to as "Consultant").

The City and the Consultant agree as follows:

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

B. The City desires to contract out for consulting services for certain projects relating ______________________________________________.

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

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

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

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

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

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

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

SAMPLE
Agreement for Professional Services
[Consultant]

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

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

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

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

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

6.0 GENERAL TERMS AND CONDITIONS.

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

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

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

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

SAMPLE
Agreement for Professional Services
[Consultant]

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

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

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

6.5 Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without SAMPLE
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limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

OR FOR AGREEMENTS WITH DESIGN PROFESSIONALS (architect, landscape architect, professional engineer, or land surveyor – See Civil Code Section 2782.8) USE THE FOLLOWING:

6.5 Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City. The Consultant shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Consultant’s negligent, reckless or willful misconduct. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

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

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

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

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

SAMPLE
Agreement for Professional Services
[Consultant]

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

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

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

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

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

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

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

6.16 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

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

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

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

CITY: Steve McClary CONSULTANT:

City Manager
City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265-4861
TEL (310) 456-2489 x 226
FAX (310) 456-2760

SAMPLE
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[Consultant]

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

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

7.1 Disclosure Required. By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code.

City Initials ______
Consultant Initials ______

7.2 Disclosure not Required. By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.

City Initials ______
Consultant Initials ______
This Agreement is executed on _____________________, at Malibu, California, and effective as of [date].

CITY OF MALIBU:
___________________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
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CONSULTANT:
_______________________________
By:

APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
SAMPLE

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Agenda Item # 3.B.12.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Alexis Brown, Deputy City Manager
Approved by: Steve McClary, City Manager
Date prepared: October 9, 2023 Meeting date: October 23, 2023 Subject: Agreement for Human Resources Support Services RECOMMENDED ACTION: Authorize the Mayor to execute a Professional Services Agreement with Municipal Resource Group, LLC. to assist the City of Malibu with various human resource organization and operations, including strategy, recruitment, retention, training and HR Information Systems improvement.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement is included in the adopted budget for FY 2023-24 in Account No. 100-7058-5320 (Recruitment/Retention Expenses). The agreement has a not-to-exceed of $216,000 over the term of two fiscal years; FYs 2023-24 and 2024-25.

STRATEGIC PRIORITY: This item supports the Malibu Culture and Staff Compensation and Benefits priority identified in the Adopted FY 2023-24 Strategic Priority Project List.

DISCUSSION: The City of Malibu has prioritized workforce recruitment and retention as one of the key initiatives of focus. In response to address some of the areas that require the most operational support, the City issued a Request for Proposals on July 6, 2023, to seek a qualified firm with broad subject matter expertise and experience in human resource organization and operations to assist with strategy, recruitment, training, and process improvement. Eight proposals were received and reviewed in accordance with the RFP. It is the staff’s recommendation that the City of Malibu enter into a two-year agreement with Municipal Resource Group, LLC. (MRG).

The MRG team is a centralized resource for all Human Resources, staff development and organizational excellence needs. The firm can assess and improve HR functions including, but not limited to, professional development, training, succession planning, workplace investigations, organizational assessments and implementation plans, City Council Meeting
10-23-23
Item

3.B.12.

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Agenda Item # 3.B.12.
employee relations, mentoring and coaching, project management, recruitment, and selection. MRG team members have led successful transformational efforts in their client agencies and fully understand the real-world challenges they face in making meaningful and long-term changes.

MRG will work with City staff, as well as other key stakeholders, to review and assist with organizational strategies of Human Resources processes and recommend streamlining options. The firm will provide a comprehensive range of recruitment services. The selected firm will also assist with training and development programs.

ATTACHMENTS:

1. Agreement for HR Support Services

2. Proposal Received from Municipal Resource Solutions, LLC

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of October 23, 2023, by and between the City of Malibu (hereinafter referred to as the "City"), and Municipal Resource Group, LLC. (hereinafter referred to as "Consultant").

The City and the Consultant agree as follows:

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

B. The City desires to contract out for consulting services for certain projects relating to Human Resource Support Services.

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

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

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

2.0 TERM OF AGREEMENT. This Agreement will become effective on October 23, 2023, and will remain in effect for a period of two years, but in no event later than June of 2025, unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein.

4.0 COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with the Scope of Work’s fee and cost schedule. The cost of services shall be nine thousand dollars ($9,000.00) per month, for a total amount not to exceed two hundred-sixteen thousand dollars ($216,000.00) for the two-year term of this agreement. Payment Schedule is attached hereto as Exhibit B and incorporated herein. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his or her designee.

Attachment 1
Agreement for Professional Services
Municipal Resource Group, LLC. (MRG)

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

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

6.0 GENERAL TERMS AND CONDITIONS.

6.1 Termination. Either the City Manager or the Consultant may terminate this Agreement, without cause, by giving the other party thirty (30) days written notice of such termination and the effective date thereof.

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

Agreement for Professional Services
Municipal Resource Group, LLC. (MRG)

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

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

6.4 Insurance. The Consultant shall submit to the City certificates indicating compliance with the following minimum insurance requirements no less than one (1) day prior to beginning of performance under this Agreement. Consultant further agrees to comply with all provisions in the attached Exhibit C which is incorporated herein.

6.5 Indemnification.

To the fullest extent permitted by law, Consultant shall indemnify and hold harmless City and any and all of its officials, employees, agents, and/or volunteers (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this Agreement. Consultant’s duty to indemnify and hold harmless City shall not extend to the City’s sole or active negligence or willful misconduct.

6.5.1. Duty to defend:

In the event the Indemnified Parties, individually or collectively, are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Consultant shall defend the Indemnified Parties at Consultant’s cost or at City’s option, to reimburse City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions. Payment by City is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and City, as to whether liability arises from the sole or active negligence or willful misconduct of the City or its officers, employees, or agents, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the Indemnified Parties as solely or actively negligent or to have acted with willful misconduct. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees, and costs of litigation.

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

6.7 Independent Contractor. This Agreement is by and between the City and the Consultant and is not intended, and shall not be construed, to create the relationship of Agreement for Professional Services
Municipal Resource Group, LLC. (MRG)

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agency, servant, employee, partnership, joint venture, or association, as between the City and the Consultant.

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

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

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

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

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

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provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the City for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents.

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

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

6.18 Entire Agreement. This Agreement constitutes the whole agreement between the City and the Consultant, and neither party has made any representations to the other except as expressly contained herein. Neither party, in executing or performing this Agreement, is relying upon any statement or information not contained in this Agreement. Any changes or Agreement for Professional Services
Municipal Resource Group, LLC. (MRG)

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modifications to this Agreement must be made in writing appropriately executed by both the City and the Consultant.

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

CITY: Steve McClary CONSULTANT: Mary Egan, CEO
City Manager Municipal Resource Group,
City of Malibu LLC. “MRG”
23825 Stuart Ranch Road 8788 Elk Grove Blvd, Ste L
Malibu, CA 90265-4861 Elk Grove, C A95624
TEL (310) 456-2489 x 226
FAX (310) 456-2760

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

City Initials ______
Consultant Initials

7.2 Disclosure not Required. By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation Agreement for Professional Services
Municipal Resource Group, LLC. (MRG)

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18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.

City Initials ______
Consultant Initials
This Agreement is executed on _____________________, at Malibu, California, and effective as of October 23, 2023.

CONSULTANT:
________________
MARY EGAN, Chief Executive Officer
CITY OF MALIBU:
___________________________________
STEVE UHRING, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk

(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
Agreement for Professional Services
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Agreement for Professional Services
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EXHIBIT A

SCOPE OF WORK
[PROPOSAL ATTACHED]
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EXHIBIT B

PAYMENT SCHEDULE
Hours Per Month Retainer Fee
12 $2,700
16 $3,600
20 $4,500
30 $6,750
40 $9,000
MRG may incur minor costs and expenses in performing consulting services. Reimbursable expenses include but are not limited to; mileage reimbursement at the current IRS rate per mile, postage, document production costs, transcripts, parking, tolls, and travel accommodations (such as hotel and airfare) as needed, and electronic files (zip drive) as needed. All costs and expenses will be charged at MRG’s cost. The invoice for this matter will include all costs and expenses incurred, in addition to the hourly fee.

Additional HR Professional Services, Coaching and Development, Custom Training, and Investigation services.

Effective January 1, 2023 Rate
Human Resources Professional Services/HR On Demand Services $225/hour Coaching, Professional Development $250/hour
Mary Egan, Principal Consultant Professional Services $300/hour Custom Training Quoted
Investigative Services $325/hour
Technical Support $95
Mileage, Travel, Printing and Postage, etc. At Cost
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EXHIBIT C

INSURANCE LANGUAGE
Without limiting Consultant’s indemnification of City, and prior to commencement of work and/or services under this Agreement, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.

General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident.

Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).

Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

OTHER PROVISIONS OR REQUIREMENTS
Proof of Insurance. Consultant shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City for the contract period and any additional length of time required thereafter. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of Coverage. Consultant shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the Agreement for Professional Services
Municipal Resource Group, LLC. (MRG)

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performance of the Work hereunder by Consultant, their agents, representatives, employees, or subconsultants.

Primary/Noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.

City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.

Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of Contract Provisions (Non Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Agreement for Professional Services
Municipal Resource Group, LLC. (MRG)

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Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the City immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.

Additional Insured Status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

Prohibition Of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

Separation of Insureds. A severability of interests’ provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s Subcontractor cannot comply with this requirement, which proof must be submitted to the City, Consultant may still be able to utilize the Subcontractor provided Consultant shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with the Consultant’s requirements under this Agreement. This provision does not relieve the Consultant of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Consultant with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this Agreement given the limited scope of work or services provided by the subcontractor. Consultant agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to City for review.

City’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days’ advance written notice of such change. If such a change results in substantial additional costs to the Consultant, the City and Consultant may renegotiate the Consultant’s compensation.

Agreement for Professional Services
Municipal Resource Group, LLC. (MRG)

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Self-Insured Retentions. Any self-insured retentions must be declared to and approved by the City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.

Post Office Box 561 Wilton, California 95693 866-774-3222 www.Solutions-MRG.com July 7, 2023
Joseph Toney, Assistant City Manager
City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265
Subject: Request for Proposals for Human Resources Support Services and Review Dear Mr. Toney:

Municipal Resource Group, LLC (“MRG”) is pleased to submit this proposal to the City of Malibu (“City”) to provide a review of Human Resources Support Services to streamline the departments processes.

We can support a variety of human resources or training requests. We have built our practice around helping clients rethink historic or bureaucratic practices and create new processes that align with their vision, and values, and are forward-thinking. We consider these engagements an opportunity to work with staff, to help them grow and develop. We are “no surprises” consultants and work with the leadership and other key stakeholders to define a path for desired outcomes, recommending programs and processes that reflect the City’s mission, vision, and values.

Our team has provided similar ongoing services to client agencies including the cities of Walnut Creek, San Rafael, Palo Alto, Napa, Novato, Merced, Manteca, and Davis, Santa Clara Valley Water District, SolTrans, Yuba Water Agency, Oakland Housing Authority, Marin Housing Authority, as well as Solano County, Contra Costa Housing Authority, Cameron Park CSD, El Dorado CSD, and Alameda County Mosquito Abatement District. With more than 70 affiliated experts in every operational and organizational area, we can contribute to the success of your projects. MRG is a true full-service firm focused on your success.

Respectfully submitted,
Mary Egan
CEO
MRG
[email protected]
916-261-7547
City of Malibu
MRG, LLC 1
Table of Contents
MRG INFORMATION .....................................................................................................................................2 MRG TEAM....................................................................................................................................................3 EXPERIENCE...................................................................................................................................................4 REFERENCES..................................................................................................................................................6 SCOPE OF WORK ...........................................................................................................................................6 COMPLIANCE.................................................................................................................................................7 LITIGATION....................................................................................................................................................7 FEES...............................................................................................................................................................7 TIMELINE.......................................................................................................................................................8 Attachment A MRG Consultant Biographies
Attachment B MRG Brochure
City of Malibu

MRG, LLC
2 MRG INFORMATION
The MRG team is a centralized resource for all Human Resources, staff development and organizational excellence needs. We can assess and improve HR functions including, but not limited to, professional development, training, succession planning, workplace investigations, organizational assessments and implementation plans, employee relations, mentoring and coaching, project management, recruitment, and selection. MRG team members have led successful transformational efforts in our client agencies and fully understand the real-world challenges they face in making meaningful and long-term changes.

Firm Name: Municipal Resource Group, LLC (“MRG”)
Physical Address: 8788 Elk Grove Blvd., Suite L, Elk Grove, CA 95624 Mailing Address PO Box 561, Wilton CA 95693
Website: www.Solutions-MRG.com
(866) 774-3222
Project Manager: Patty Francisco
E-Mail: [email protected]
Telephone Number: (949) 500-0436
MRG’s Consulting Philosophy
As a consulting firm, MRG brings talented consultants to assignments to meet clients’ needs. MRG differentiates its work based on the following principles.

Trusted Advisors
MRG prides itself on building long-term relationships with clients who turn to MRG for guidance and expertise. We work as
“trusted advisors,” working directly with the leadership of organizations to help them manage their complex organizations and to adjust to change that is constantly knocking on the door.

Commitment to Public Service
We have also chosen to focus our work on local, regional & state agencies that are delivering public service to
communities. We understand that our client’s work is
important and impactful – and our goal is to help
organizations do that work with more grace and
better effectiveness and efficiency.

Partnership for Impact
As seasoned executive leaders ourselves, we have
no interest in writing reports that sit on shelves or
are not reality-based for action. MRG needs to work in a consultative partnership directly with management for organizational impact to occur. We see our role as true partners with the leadership team to work productively to help you find solutions for actionable impact in your organization.

Team of Management Practitioners + Executive Leadership Coach Trusted Advisor
Commitment to Public Service
Partnership for Impact
Management Practitioners +
Leadership Coach
Strategic Organizational
Development
City of Malibu

MRG, LLC
3 Today’s organizations require a robust understanding of people and teams, plus talented management, and leadership. The key to an organization’s success is the integration of control, which creates value (efficiency, effectiveness, empowerment), and leadership which inspires change and a collective vision.

By bringing a consultant team with management plus leadership coaching expertise, MRG can deliver tools, perspectives, and paradigms for the continued growth and support of an organization’s leadership team.

Strategic Organizational Development
Organizations are complex, multi-faceted organisms that take time and strategy to develop and shape.

While employees are focused on delivering services, there is “care and feeding” of the organization, structure, and systems that need to be done to support the workforce, mold culture, and deliver services/mission. MRG brings the deep organizational development and human resources experience to transform and help organizations continue to invest in their operations' strategic, and hands-on development.

MRG TEAM
Mary Egan is the Managing Partner who oversees our practice and provides high-level leadership for all our projects, as she would for this engagement with the City of Malibu. Our affiliated lead consultant who would primarily support the City’s needs is Patty Francisco, who is a resident of the City of Malibu.

Mary Egan (CEO/Managing Partner) - Mary collaborates with organizations and their executive leadership, and in some cases appointed or elected Boards to achieve their full potential. Mary’s specialties are facilitating performance evaluations and organizational analysis as well as coaching employers to address deficiencies and maximize their impact. She is a certified professional executive coach and uses these skills to help clients increase their level of performance and identify potential limiting blind spots. She also advises clients regarding investigations, employment-related risk mitigation, strategic planning, and interest-based problem resolution. Mary is a Certified Professional with the Society for Human Resources Management (SHRM) and is a founding member of the Association of Workplace Investigators (AWI).

Patty Francisco (Lead Consultant and Project Manager) - Patty has over 30 years of public sector human resources experience and is primarily responsible for the consulting practice in the Southern California region. Patty focuses on strategic human resources advice and counsel to help organizations achieve successful results. She provides expert consulting services on various HR functions including organizational strategy and staffing design, labor relations and MOU administration, employee benefits, training and professional development, classification, and compensation. Through collaboration and partnership with clients, Patty works well in identifying issues and offering meaningful recommendations to ensure sustainable outcomes.

Patty received her bachelor’s degree in Public Administration from the University of Southern California, and then went on to earn her master’s degree in Human Resources Design from Claremont Graduate University. Patty earned her Ph.D. in Organizational Leadership from The Chicago School of Professional Psychology. Her research focused on: Informal Leaders: Linking Transformational Leadership, Psychological Empowerment and Personal Power. Patty has taught graduate courses on Individual Interviewing and Assessment and Talent Management and Succession Planning at the Chicago School of Professional Psychology.

City of Malibu

MRG, LLC
4 Cathy Capriola (Consultant) - Cathy Capriola is an experienced local government manager with 31 years of experience in the areas of general management, emergency management, organizational development, human resources, public information, community engagement, finance, information technology, and risk management. Cathy’s key strengths are strategic planning, facilitation, team building, coaching, mentoring, and project management. Cathy is a strategic thinker with extensive experience managing complicated, time sensitive and high stakes projects for departments and elected officials ranging from emergency response and planning, organizational redesign, cannabis, financial sustainability, redevelopment dissolution, technology enhancements and numerous special initiatives and public policy issues.

Elizabeth “Liz” Chieko Brown (Consultant) - Liz has over 31 years of human resource experience in the public sector, serving Cities, Counties and Schools. Liz worked as the HR Director for the Cities of Santa Clara, Milpitas, and San Benito County. She served as the County of Monterey’s HR Manager as well as City of Campbell. She has notable experience in strategic human resource planning, employee relations, labor relations, executive recruitment and selection, classification and compensation, state and federal law and policy. Since retiring Liz has been consulting as an HR professional, working on a number of HR Projects and enjoys interim HR Director roles.

Rumi Portillo (Consultant) - Rumi is a human resources professional, consultant and coach, with more than thirty years in public service. Rumi has worked extensively with industrial psychologists, attorneys, and medical professionals on complex and sensitive employment-related matters. Most recently, Rumi served as the Chief People Officer (CPO) for the City of Palo Alto, a fast-paced and high-demand municipal government employer in the epicenter of Silicon Valley. As CPO, Rumi oversaw recruitment, labor relations, benefits, compensation, training and organizational development, risk management, and health and safety. Prior to Palo Alto, Rumi served in human resources management for the cities of Los Gatos, Sunnyvale, and San Jose. Through her work with these agencies, Rumi is well established as a regional expert in the management of public safety personnel, including Police, Fire and 911 Emergency Dispatch.

Our partners and consultants have over three hundred years of combined experience working as executives and consultants, providing essential services and support to local, regional, and state government agencies. MRG prides itself in providing consulting services based on our hands-on experience in managing local, regional, and state governments as well as our experience in delivering products that meet and exceed our clients’ expectations.

EXPERIENCE
Client name Oakland Housing Authority
Type of Entity Housing Authority
Project name Human Resources Professional Consulting Services Point of contact Name Patricia Wells
Title Executive Director
Phone (510) 874-1512
City of Malibu

MRG, LLC
5 Email [email protected]
Dates of service 3/29/2020 – 03/18/2022
Scope of services: Assist the Authority with Human Resources consulting, on an as-needed basis.

Services included executive coaching, conflict resolution, risk mitigation, strategic planning, performance evaluations, organizational analysis, staff retreats, team-based problem solving, recruitment, professional development and training, and investigative services.

Results: MRG has successfully completed two executive recruitments, leadership training is complete with additional focused training requests underway, executive support and leadership coaching has assisted the ED in resolving management issues, and implementation of legislative workflow software is being evaluated.

Client name City of Novato
Type of Entity City
Project name Organizational Assessment in HR Department Point of contact Name Jessica Deakyne
Title Assistant City Manager
Phone 415-899-8903
Email [email protected]
Dates of service 02/04/2021-07/04/2021
Scope of services: MRG conducted a high-level assessment of the HR department’s functions and organizational structure; identify processes needing improvement, restructuring, or adjustment; ascertain missing processes; and provide service delivery recommendations. The assessment focuses on recognizing the strengths within the HR Department as well as identifying areas where improvement could be made based on best practices and a desired culture of continuous improvement and HR excellence.

Results: HR consultants completed the HR assessment on time and assisted in the hiring of the new HR Manager. MRG provided Risk support and is currently developing the City’s budget, the budget calendar, submission guidelines and providing reports for Council consideration.

Client name City of Palo Alto
Type of Entity City
Project name Organizational Development Services
Point of contact Name Ed Shikada
Title City Manager
Phone 650-329-2280
Email [email protected]
Dates of service 03/04/2019-Current
Scope of services: The City-wide work plan is available for current functional analysis and recommending the effectiveness of City structures, operational efficiencies, and performance measures to ensure departments are operating at a high level of efficiency and effectiveness. MRG is City of Malibu

MRG, LLC
6 contracted for Organizational Effectiveness Assessments and Implementation, Performance Management Development, Leadership Development, Succession Planning and Knowledge Transfer and Individual and Team Accountability, Rewards and Recognition.

Results: MRG has facilitated the Appointed Official’s evaluations for over 7 years in time for compensation adjustments. The transportation support resulted in leadership advancement and readiness as well as project completion. Several investigations were completed timely. Executive support resulted in improved CMO communications. MRG has completed compensation and classification studies as needed for specific departmental needs.

REFERENCES
Bruce Moe, City Manager
City of Manhattan Beach
1400 Highland Avenue
Manhattan Beach, CA 90266
(310) 802-5053
[email protected]
Dr. Kindon Meik, City Manager
City of Calabasas
100 Civic Center Way
Calabasas, CA 91302
[email protected]
Rebecca Redyk, Human Resources Director
City of El Segundo
350 Main Street
El Segundo, CA 90245
(310) 524-2335
[email protected]

SCOPE OF WORK
MRG proposes to work with City Staff and other key stakeholders to review and assist with the organizational strategies of current Human Resource processes and provide streamlining recommendations. Organized into seven departments and 110 employees, the City offers services ranging from public works, planning, management, and administrative services, as well as community services and environmental sustainability – all of which directly benefit the City of Malibu’s 10,600 residents and over 15 million annual visitors. We can assist with virtually any Human Resources issue including policy review and updates, compensation and classification studies, workplace investigations, staff development programs, training, and coaching. MRG team members have led successful Human Resources efforts and fully understand the real-world challenges agencies face.

We are flexible. If our project’s core team does not include the technical experience of a department, we will augment the team as needed. We can easily zero-in on a particular service or function.

We have a strong bias toward creating a sustainable organization versus one supported by consultants.

Toward this end, we would promote consultants working with staff and not exclusively working for staff.

City of Malibu
MRG, LLC 7
Serving as a trusted advisor to HR and executive leadership, MRG Consultant Patty Francisco provides guidance from simple to more complex HR issues on a regular basis. With further review and research, Patty assists organizations in determining which concerns are escalated for legal review.

Human Resource Support Services (Monthly)
MRG will provide Human Resources support and services as needed for the City. The following list illustrates the types of services to be included in the monthly retainer arrangement:
• Organizational Strategy
• Review and develop effective workforce and succession strategies. • Provide recommendations and strategies on best practices for development of revised and/or new processes, programs, and practices on HR matters. • Conduct review and implement organizational change initiatives. • Develop programs for effective employee engagement strategies. • Review existing employee performance management processes and offer recommendations.
• Recruitment, Testing and Selection
• Conduct job and needs analysis, identify and document essential job functions and duties for each job classification, analyzing data and develop new, compliant job descriptions and related application materials, if necessary. • Executive Search for key positions that merit this focus. • Review current testing processes, recommend new developments and administration. • Training and Development
• Develop training programs. MRG would work with City Staff to determine the training or trainings that would best suit the needs of the City of Malibu. • Coach individual employees or groups.
• Develop programs for effective Leadership strategies. • Technology and Systems Implementation
• Provide guidance and recommendations to City Staff on HR Module of ERP, as needed. • Conduct review of current Digitization processes and offer recommendations to revise or implement new processes.

COMPLIANCE
MRG and its Consultants shall comply with the California Labor Code pursuant to said regulations entitled: Federal Labor Standards provisions; Federal Prevailing Wage Decision; State of California Prevailing Wage Rates, and the City of Malibu’s Minimum Wage Ordinance, respectively.

LITIGATION
MRG does not have any past, current, or pending litigation.

FEES
MRG uses a variety of processes to ensure effective project communications and project management.

If preferred by the client, MRG will conduct regular project meetings, in person or via conference/video call, and/or distribute a regular project report. We work cooperatively with the leadership and other stakeholders to incorporate the values, vision, and mission of the greater organization.

City of Malibu

MRG, LLC
8 The HR On Demand Services will be invoiced on a monthly basis for the tiered retainer amount. MRG will invoice at the rate of $225 an hour for HR Services as described below.

Retainer fees and hours may be reviewed and adjusted accordingly after 90 days following contract initiation.

Hours Per Month Retainer Fee
12 $2,700
16 $3,600
20 $4,500
30 $6,750
40 $9,000
MRG may incur minor costs and expenses in performing consulting services. Reimbursable expenses include but are not limited to; mileage reimbursement at the current IRS rate per mile, postage, document production costs, transcripts, parking, tolls, and travel accommodations (such as hotel and airfare) as needed, and electronic files (zip drive) as needed. All costs and expenses will be charged at MRG’s cost. The invoice for this matter will include all costs and expenses incurred, in addition to the hourly fee.

Additional HR Professional Services, Coaching and Development, Custom Training, and Investigation services.

Effective January 1, 2023 Rate
Human Resources Professional Services/HR On Demand Services $225/hour Coaching, Professional Development $250/hour
Mary Egan, Principal Consultant Professional Services $300/hour Custom Training quoted
Investigative Services $325/hour
Technical Support $95
Mileage, Travel, Printing and Postage, etc. At cost

TIMELINE
MRG will be available within 24 hours of a request. Timelines are dependent on projects and will be determined at the time of scoping.

City of Malibu
MRG, LLC 9
At all times during this project engagement, MRG will be an independent contractor. Both agencies confirm the specialized services are distinct from tasks customarily performed by the Agency. The services of consultant specifically do not include hiring, firing, or supervising of any Agency personnel.

Also, Consultant shall not have contracted or signing authority or act in the position of a Director or represent a management position at commission, Board or Council meetings. www.Solutions-MRG.com
Attachment A
Main Office
P. O. Box 561
Wilton, CA 95693
(866) 774-3222
Visit us at: www.Solutions-MRG.com
Sacramento Area
Bay Area
Los Angeles Area
Mary Egan – Chief Executive Officer

MUNICIPAL RESOURCE GROUP, LLC
Telephone: (916) 261-7547
[email protected]
Mary is highly skilled at Executive Coaching, Workplace Investigation, and Conflict Resolution and often uses those skills, along with her considerable experience, when advising her clients regarding employment related risk mitigation, strategic planning and interest-based problem resolution.

Mary’s specialties are assisting governing boards and government leaders with executive level performance evaluations, organizational problem analysis and skillful resolution, as well as coaching key employers to address deficiencies and maximize organizational impact.

As a Private Investigator licensed by the State of California, Mary has handled hundreds of workplace investigations for both private sector and public employers on all types of employment matters over the last several years, including claims of discrimination, harassment, retaliation, whistle blowing, substance abuse, threats of violence, assault, theft, fraud, violations of company policies, wage and hour violations, and other forms of alleged misconduct. Mary is experienced in testifying during administrative and judicial proceedings regarding completed investigations and provides expert testimony on the adequacy of workplace investigations, human resource practices and public sector employment standards and expectations. She is also qualified as an expert in State Court on the adequacy of investigations.

Mary’s commitment to and passion for improving the quality of workplace investigations nationwide is demonstrated by her role with the Association of Workplace Investigators (AWI, formerly, California Association of Workplace Investigators).

She is a founding member of AWI, formed in October 2009 and spent four years developing the AWI’s published standards for workplace investigations and serving as a faculty member at the Workplace Investigation Institute.

In addition to investigations and expert testimony, Mary facilitates staff retreats, team based problem solving and labor management committees, works with elected boards to define the performance expectations of their key managers, serves as a neutral fact finder in resolution of employer/employee issues.

Prior to joining MRG, Mary held key positions with both the City of Sacramento, and the City of San Jose, where she was the Employee Relations Officer and Chief Negotiator. While with Shannon Associates, Mary managed recruitments for high-level appointed executives, as well as complex HR assessments for large and complex clients. She continued her consulting services with high-profile clients after starting her own firm in 2001 and maintains long-term relationships with cities and counties in California. Mary is a recognized expert in municipal government interest arbitration.

In addition to her significant field experience with major clients, Mary earned a Bachelor of Science degree in Applied Behavioral Sciences from the University of California, Davis, where she was named “Outstanding Female Graduate,” and a Master of Public Administration (MPA) degree from San Francisco State University. Mary is a founding member of the California Association of Workplace Investigators (CAOWI), participating as Chairperson of the Legislation Committee and member of the Best Practices Committee.

Mary is a frequent presenter at conferences, seminars and meetings of several professional organizations, including the League of California Cities, the International Public Management Association (IPMA), the California Public Employers Labor Relations Association (CALPELRA), the Municipal Management Assistants of Northern California (MMANC), and the California State Association of Counties (CSAC). She serves as external advisor to the California Democratic Party working group on sexual and racial harassment and misconduct. In 2018, Mary was recognized by the Sacramento Business Journal as a recipient of the Women Who Mean Business award.

Main Office
P. O. Box 561
Wilton, CA 95693
(866) 774-3222
Visit us at: www.Solutions-MRG.com
Sacramento Area
Bay Area
Los Angeles Area
Patty Francisco, Ph.D. – Human Resources Consultant

MUNICIPAL RESOURCE GROUP, LLC
Telephone: (949) 500-0436
[email protected]

Patty Francisco focuses on strategic human resources advice and counsel to help organizations achieve successful results. Through collaboration and partnership with clients, Patty works well in identifying issues and offering meaningful recommendations to ensure sustainable outcomes. Based on the foundation of developing strong relationships and reliance on expert knowledge, Patty thrives in maintaining the balance in advocating for both employee and management to ensure that the overall best interest of the organization serves as its cornerstone. Patty is very skilled at addressing and resolving workplace conflict, addressing areas for personal and executive development, and leaving workplaces with positive outcomes. She takes pride in her efforts to inspire, coach, motivate and mentor employees, management, and executives.

Her proven leadership skills coupled with her extensive and progressive human resources experience, allows her the ability to provide expert counsel and advice on various HR functions including: organizational strategy and staffing design, employee relations, performance management and disciplinary review and guidance, labor relations and MOU administration, employee benefits, training (AB1825) and organizational development, classification and compensation, and individual and teambased coaching.

Patty has over 30 years of public sector human resources experience and is primarily responsible for the consulting practice in the Southern California region. She is experienced in leading public agencies such as the Metropolitan Water District of Southern California (MWD), the Community Redevelopment Agency for the City of Los Angeles (CRA/LA) and the Southern California Regional Rail Authority/Metrolink.

Patty received her Bachelor's degree in Public Administration from the University of Southern California, and then went on to earn her Master’s degree in Human Resources Design from Claremont Graduate University. Patty earned her Ph.D. in Organizational Leadership from The Chicago School of Professional Psychology. Her research focused on Informal Leaders: Linking Transformational Leadership, Psychological Empowerment, and Personal Power.

Main Office
P. O. Box 561
Wilton, CA 95693
(866) 774-3222
Visit us at: www.Solutions-MRG.com
Sacramento Area
Bay Area
Los Angeles Area
Cathy Capriola – Organizational Development and Management Services

MUNICIPAL RESOURCE GROUP, LLC
Telephone: (916) 257-3287
[email protected]

Cathy Capriola is an experienced local government consultant with 31 years of experience in the areas of general management, emergency management, organizational development, human resources, public information, community engagement, finance, information technology, and risk management. Cathy’s key strengths are strategic planning, facilitation, team building, coaching, mentoring, and project management. Cathy is a strategic thinker with extensive experience managing complicated, time sensitive and high stakes projects for departments and elected officials.

As a developer of people and organizations, Cathy enjoys delivering best practices, new systems, and innovation. With a strategic entrepreneurial lens, Cathy has the ability to see enhanced levels of service delivery and to drive initiatives to reach the next level. She has extensive experience managing human resource operations, classification, and compensation, and developing financial strategies and strategy for labor negotiations.

Prior to affiliating with MRG, Cathy was the City Manager for the City of Sonoma and served as Emergency Services Director through numerous fires, floods, windstorms, and the COVID-19 pandemic while upgrading the City’s emergency preparedness, community response, and systems. In recognition of these efforts, the City received Sonoma County’s “Louis Pete Peterka Emergency Management Award” for outstanding commitment to emergency management. Cathy also led major improvements to the City’s financial systems and resources including three successful revenue measures.

In other prior civic experience, Cathy oversaw large initiatives including:
 Dissolution of a Redevelopment Department
 Passage of two sales tax revenue measures
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 Affordable housing and local living minimum wage
Cathy earned a Bachelor of Science (BS) degree in Communication / Management from UC Davis in 1986 followed by a Master’s in Public and Private Management (MPPM) from Yale University in 1992. She was also a Coro Foundation “Fellow in Public Affairs” in San Francisco. Cathy is a graduate of the “New and Future City Managers Seminar” and the “UC Berkeley Executive Forum”.

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Elizabeth “Liz” Chieko Brown is an experienced executive-level Human Resources consultant with over 31 years serving Cities, Counties and Schools. Liz worked as the HR Director for the Cities of Santa Clara and Milpitas and in the County of San Benito. Her expertise in human resources project management, updating policies and procedures, organizational assessments, coaching and oversight, and experience in serving as an HRIS implementation liaison between departments will provide client agencies with high-level professional support. She served as the County of Monterey’s HR Manager as well as for the City of Campbell. Since retiring from the City of Santa Clara, Liz has been consulting as an HR professional working on a number of projects and interim positions.

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She holds a Master of Arts Degree in Leadership from Saint Mary’s College of California and a Bachelor of Science Degree in Business Administration with a concentration in Human Resources from San Jose State University.

In the January/February 2016 issue of Public Management magazine Liz had co-authored an article titled “Policing the 2016 Super Bowl Stadium, Santa Clara Has it Under Control” by Elizabeth Brown and Police Chief Michael Sellers.

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Prior to her role in Palo Alto, Rumi served in human resources management for the cities of Los Gatos, Sunnyvale, and San Jose. Through her work with these agencies, Rumi became a regional expert in municipal employment matters, with a special focus on public safety, including Police, Fire, and 911 Emergency Dispatch. Rumi is also a trained negotiator with many years of experience developing and executing labor strategies.

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Attachment B
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Page 1 of 3 ends

Agenda Item # 3.B.13.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Rob Houston, Interim Deputy City Manager
Approved by: Steve McClary, City Manager
Date prepared: October 10, 2023 Meeting date: October 23, 2023 Subject: Community Development Block Grant – Disaster Recovery MHP Program Funding
RECOMMENDED ACTION: Receive an update on the Community Development Block Grant – Disaster Recovery (CDBG-DR) Multifamily Housing Project (MHP) program funding and consent to termination of the Master Standard Agreement between the City and the Department of Housing and Community Development (HCD).

FISCAL IMPACT: No net impact as the City had not allocated these funds. Program funding received in February 2021 would be released back to the California Department of Housing and Community Development (HCD), the issuing agency, for reprogramming in the immediate region.

STRATEGIC PRIORITY: This item is not included in the new Strategic Project Plan list.

DISCUSSION:

The City of Malibu received funding from HCD in February of 2021. This funding allocation of $18.6 million dollars was intended to assist in the recovery from the Woosley fire event through providing funding that could be used for multi-family affordable housing projects in the Malibu community. Additional funding, with the same guidelines, was distributed to surrounding communities such as Agoura Hills and Calabasas. The City received the funds with the intent to investigate the viability of projects within the City while continuing communication with HCD to determine the best path for affordable unit development in the Region.

After receiving the funding, the City conducted a request for interest and received two proposals for multi-family projects in the City. Both projects required extensive due City Council Meeting
10-23-23
Item

3.B.13.

Page 2 of 3 ends

Agenda Item # 3.B.13.
diligence to assess financial viability, zoning, building compatibility with surrounding properties, and Coastal Development Permitting issues. The City learned that the assigned funding would require that the City be the lead agency for any project under development and which means the City would need to take on the costs and time to review and approve all associated agreements, applications, consultant oversight, and financial assessment. These costs would be significant as any large-scale proposed development in the Malibu Coastal zone would take many years to process. The funds to conduct this oversight and management can initially be taken from the $18.6 million dollar allocation, but in the event the project does not end up being completed the City would be “at-risk” and would have to refund any amounts received.

HCD is eager to get affordable housing units developed in the near future. They understand the barriers and challenges the City has encountered in its efforts to find a viable project. The City of Malibu is challenged due to extremely high land costs and the subsidy limits that cap how much of the overall CDBG-DR funds can be used per unit. For example, the maximum total subsidy allocation for a 2-bedroom apartment is $241,176.

This amount is not enough in the Malibu market to achieve an affordable rent and other funding sources would need to be found. Current high interest rates and limited tax-credit financing availability make successful funding of a viable local project hard to see occurring in the near future. Lengthy timelines for development review and approvals through the Coastal Zone development process also add to the inability for a project to be completed in the near term. In addition, the City of Malibu is hard pressed to staff the project oversight role for any potential project due to current staffing shortages in the planning department. Several other communities in the region received CDBG DR-MHP allocations at the same time as Malibu, and like the City of Malibu, have not been able to deploy these funds within their communities. As such, the Cities of Agoura Hills and Calabasas have either declined to accept the allocation or have since voluntarily consented to cancel their Master Standard Agreement (MSA).

HCD would like to take the approximate $7 million allocated to those communities and combine it with the City's allocation to be able to create a geographical regional set aside of a combined $26 million in funding, which would be restricted to affordable housing projects located within one of the three jurisdictions. HCD believes that the combined funds would be enough to support one or more projects within the region, and having the flexibility to award a project outside the Coastal Zone which would likely lead to greater interest in developers putting forth a viable application. This proposal to combine the area funding would provide an opportunity to have developers propose affordable housing projects that could either be located within the Malibu City limits or could be located nearby to provide affordable housing for local nearby communities.

HCD is in need of action at this time as they are in the process of putting together a Notice of Funding Availability (NOFA) for the 2020 disaster recovery efforts. Unlike the 2018 Disaster Recovery program, the 2020 program will be directly administered by HCD, and

Page 3 of 3 ends

Agenda Item # 3.B.13.
will be providing loans directly to Developers for affordable housing projects. The Department is slated to release this NOFA in December of this year and would like to include the region’s 2018 funds in this funding notice.

To publish the NOFA so that applications are awarded with enough time to apply for the second round of low-income housing tax credits with the California Tax Credit Allocation Commission, HCD is requesting the City of Malibu provide Council approval to voluntarily consent to terminate the contract and return the finds to HCD for reprogramming by Oct 31,2023. This would enable the Department to use the funds to help the region address the affordable housing crisis that is plaguing the state in the most effective and efficient way possible.

The City Council can choose to voluntarily consent to terminate the contract, or direct staff to instead take on the leadership role for identifying a local project and manage the search, administration, development, and completion of a viable affordable project using these funds in the near future. If the return of funding is directed, staff will work with HCD to complete that process, and notify the two developers that originally submitted interest in projects in Malibu to be on the watch for the NOFA that HCD would be issuing in December. If the City does not voluntarily consent to the return of this funding HCD has indicated that it will seek involuntary termination. Consenting to the return of this funding will also help to foster and build good will between the City and HCD to work cooperatively on housing issues in the City and region.

ATTACHMENTS: None.

Page 1 of 4 ends

Council Agenda Report
To: Mayor Uhring and Honorable Members of the City Council Prepared by: Tyler Eaton, Senior Planner
Reviewed by: Richard Mollica, Planning Director
Approved by: Steve McClary, City Manager
Date prepared: October 12, 2023 Meeting date: October 23, 2023 Subject: 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 October 9, 2023) RECOMMENDED ACTION: Adopt Resolution No. 23-45 (Exhibit A) 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).

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

STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2023-24 Strategic Priority Project List.

DISCUSSION: This agenda report was previously distributed for the October 9, 2023 City Council meeting at which time the Council continued the item to the October 23, 2023 Regular City Council meeting prior to opening the public hearing. This agenda report has been modified, specifically the next two paragraphs below have been added, and the City Council Meeting
10-23-23
Item

4.A.
1

Page 2 of 4 ends

Correspondence section was modified along with the associated exhibits. The resolution has also been updated to reflect the continuance.

Staff received additional pieces of correspondence the day of the October 9, 2023 meeting.

The correspondence is included within Exhibit C. The comments were mostly covered in the original Planning Commission staff report and are based around issues regarding development on 4 to 1 slopes, Environmentally Sensitive Habitat Area, and whether or not the application complies with the City’s Local Coastal Program and CEQA. There were some concerns regarding the legality of the application which can be discussed at the meeting on October 23, 2023. Additionally, staff answered questions from Councilmembers provided in email. This has also been provided within Exhibit C.

The most recent color-coded slope analysis is herein included (Exhibit E). Prior to the Planning Commission meeting in March, the applicant provided this updated color-coded slope analysis as the previous slope analysis depicted an area of steep slopes where the proposed pool is sited. According to the applicant, the slope resulted from shrubs that prevented the surveyor from collecting an accurate reading of the topography. The applicant hired a new surveyor and prepared an updated color-coded analysis based on the new survey. The new survey and updated color-coded slope analysis depict the area in question flatter than 4 to 1. Staff analyzed the updated color-coded slope analysis prior to the Planning Commission hearing. However, the applicant inadvertently included the outdated color-coded slope with the project plans.

This item was originally considered at the March 6, 2023 Planning Commission meeting.

At the meeting, one Planning Commissioner recused himself leaving four to deliberate on the subject application. Multiple motions were made at the meeting with no majority vote reaching a decision. The first motion was to continue the item to a date uncertain and failed with a 2-2 split. The second motion was to deny the project, which also failed with a 2-2 split. The third motion was to approve the project, also failing with a 2-2 split vote. A fourth motion was made to recess the meeting which did not receive a second. A fifth motion was made directing staff to bring the item to the City Council after the deadlocked voting so that the applicant could get a decision on the project. The fifth motion was carried with a 4-0 vote. This is consistent with past City practice where if a project fails to receive a majority of the quorum of Planning Commissioners participating in the decision to either approve or deny, the City will bring the project to the City Council so that the applicant receives a determination.

The item before the Council is the same as considered by the Planning Commission on March 6, 2023. Staff has not further analyzed the project since the Planning Commission meeting. The applicant provided revised plans on Friday March 3, 2023, after hours. The plans include a reduction in the proposed total development square footage, eliminating an area of question for a neighbor’s views. The revised plans are included within the correspondence as Exhibit C. However, staff has not analyzed whether the reduced square 2

Page 3 of 4 ends

footage ultimately improves the neighbor’s views, nor performed any other analysis of the submitted documents.

The main topics of concern discussed during the March 6, 2023 Planning Commission meeting include: whether the project is within Environmentally Sensitive Habitat Area (stream) buffer; if the project is subject to the bluff top requirements of Local Implementation Plan (LIP) Chapter 10; if the project is being constructed on slopes steeper than 25 percent, which are protected in Point Dume under LIP Chapter 4; if the project impacts scenic views from a public beach; and if the project obstructs protected views of nearby residents’ documented primary view determinations. Analyses on these topics are discussed within the Planning Commission staff report, Exhibit B.

ENVIRONMENTAL REVIEW: Pursuant to the authority and criteria contained in CEQA, the Planning Department has analyzed the proposed project. The Planning Department found that this project is listed among the classes of projects that have been determined not to have a significant adverse effect on the environment. Therefore, the project is categorically exempt from the provisions of CEQA pursuant to Sections 15303 (a) and (e) – New Construction. The Planning Department has further determined that none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2).

CORRESPONDENCE: Correspondence prior to the March 6, 2023 Planning Commission meeting is provided within Exhibit B, Attachment 4. All other correspondence received is attached hereto as Exhibit C.

PUBLIC NOTICE: On August 17, 2023, a Notice of City Council Public Hearing was published in a newspaper of general circulation within the City and a public notice was mailed to the owners and occupants of all properties within a radius of 500 feet of the subject property (Exhibit D). On August 31, 2023, after the applicant provided updated mailing data, a public notice was mailed to the owners and occupants of all properties within a radius of 500 feet of the subject property that were not listed within the original mailing data.

SUMMARY: Based on the record as a whole, including but not limited to all written and oral testimony offered in connection with this matter, staff recommends that the City Council adopt Resolution No. 23-45 approving CDP No. 20-068, SPR No. 21-009, and DP No. 20-028, subject to the conditions of approval in the resolution. This is consistent with the recommendation that was provided to the Planning Commission.

EXHIBITS:

A. City Council Resolution No. 23-45
B. March 6, 2023 Commission Agenda Report Item 4.B. and Attachments 1-8

1. Planning Commission Resolution No. 23-11

2. Project Plans
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3. Department Review Sheets

4. Public Correspondence

5. Applicant’s View Corridor Exhibit

6. PVD No. 12-119

7. PVD No. 23-001

8. Public Hearing Notice
C. Correspondence
D. Public Hearing Notice
E. Additional Slope Analysis dated March 3, 2023
4 EXHIBIT A
RESOLUTION NO. 23-45

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

DETERMINING THE PROJECT IS CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND APPROVING
COASTAL DEVELOPMENT PERMIT NO. 20-068 AND DEMOLITION
PERMIT NO. 20-028 FOR THE DEMOLITION OF AN EXISTING SINGLEFAMILY 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 AND
ASSOCIATED DEVELOPMENT; INCLUDING SITE PLAN REVIEW NO. 21- 009 FOR CONSTRUCTION UP TO 24 FEET IN HEIGHT FOR A FLAT ROOF,

LOCATED IN THE RURAL RESIDENTIAL, ONE-ACRE ZONING DISTRICT AT 6734 ZUMIREZ DRIVE (IBN PROPERTIES, LLC)
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. On December 29, 2020, an application for Coastal Development Permit (CDP) No. 20-068 and Demolition Permit (DP) No. 20-028 was submitted to the Planning Department by the applicant, Schmitz and Associates, Inc., on behalf of the property owner, IBN Properties, LLC.

The application was routed to the City Biologist, City Environmental Health Administrator, City geotechnical consultant reviewers, City Public Works Department, Los Angeles County Waterworks District No. 29 (WD29) and Los Angeles County Fire Department (LACFD) for review.

B. On April 15, 2021, Site Plan Review (SPR) No. 21-009 was added to the project for proposed construction over 18 feet in height.

C. On June 29, 2022, the applicant posted a Notice of CDP Application on the subject property and staff deemed the CDP application complete for processing.

D. On July 7, 2022, a Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Malibu and was mailed to all property owners and occupants within a 500-foot radius of the subject property.

E. On August 1, 2022, the Planning Commission continued the item to a date uncertain for staff to investigate potential view concerns from the neighbors.

F. On January 26, 2023, a Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Malibu and was mailed to all property owners and occupants within a 500-foot radius of the subject property.

G. On February 21, 2023, the item was continued to the March 6, 2023 Regular Planning Commission meeting.
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H. On March 6, 2023, the Planning Commission held a duly noticed public hearing on the subject application, reviewed and considered the staff report, reviewed and considered written reports, public testimony, and other information in the record. The item was remanded to the City Council after a majority vote could not be reached to either approve or deny the project.

I. On August 17, 2023, a Notice of City Council Public Hearing was published in a newspaper of general circulation within the City of Malibu and was mailed to all property owners and occupants within a 500-foot radius of the subject property.

J. On August 31, 2023, a second Notice of City Council Public Hearing was mailed to all property owners within a 500-foot radius of the subject property that were not within the original mailing data used for the August 17, 2023 notice.

K. On September 11, 2023, the City Council continued the item to the September 25, 2023 Regular City Council meeting.

L. On September 25, 2023, the City Council continued the item to the October 9, 2023 Regular City Council meeting.

M. On October 9, 2023, the City Council continued the item to the October 23, 2023 Regular City Council meeting.

N. On October 23, 2023, the City Council held a duly noticed public hearing on the subject application, reviewed and considered the staff report, reviewed and considered written reports, public testimony, and other information in the record.

SECTION 2. Environmental Review.

Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), the City Council has analyzed the proposed project. The City Council has found that this project is listed among the classes of projects that have been determined not to have a significant adverse effect on the environment. Therefore, the project is categorically exempt from the provisions of CEQA according to CEQA Guidelines Sections 15303(a) and (e) – New Construction. The City Council has further determined that none of the six exceptions to the use of a categorical exemption applies to this project (CEQA Guidelines Section 15300.2).

SECTION 3. Coastal Development Permit Findings.

Based on evidence contained within the record, including the agenda report for the project and the hearing on October 23, 2023, and pursuant to the Local Coastal Program (LCP) Local Implementation Plan (LIP) including Sections 13.7(B) and 13.9 and Malibu Municipal Code (MMC), the City Council adopts the findings of fact, and approves CDP No. 20-068 and 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 SPR No. 21- 009 for construction up to 24 feet in height for a flat roof, located in the Rural Residential, OneAcre (RR-1) zoning district at 6734 Zumirez Drive. 6 Resolution No 23-45

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The project is consistent with the LCP’s zoning, grading, cultural resources, water quality, and wastewater treatment requirements. With the inclusion of the proposed SPR the project, as conditioned, has been determined to be consistent with all applicable LCP codes, standards, goals, and policies. The required findings are made herein.

A. General Coastal Development Permit (LIP Chapter 13)

1. The project is located in the RR-1 zoning district, an area designated for rural residential uses. A single-family residence and associated development are permitted uses. The proposed project has been reviewed for conformance with the LCP by the Planning Department, City Biologist, City Environmental Health Administrator, City geotechnical consultant reviewers, City Public Works Department, WD29, and LACFD. As discussed herein, based on submitted reports, project plans, visual analysis, and site investigations, the proposed project, as conditioned, conforms to the LCP and MMC in that it meets all applicable residential development standards with the inclusion of the requested SPR.

2. The project is located between the first public road and the sea. However, the proposed project and related construction activities are not anticipated to interfere with the public’s right to access the coast as the site offers no direct or indirect public beach access. Adequate public access exists nearby, and the project complies with the Coastal Act.

3. The proposed project was found to meet the development policies of the LCP and MMC, with the inclusion of the SPR and has been determined to be the least environmentally damaging alternative.

B. Site Plan Review for Construction in Excess of 18 Feet in Height (LIP Section 13.27.5) SPR No. 21-009 from the development standards contained in LIP Section 13.27 will allow construction over 18 feet in height for a flat roof up to 24 feet for the proposed single-family residence.

1. The project has been reviewed for conformance with all relevant policies and provisions of the LCP. Based on submitted reports, visual impact analysis, and a detailed site investigation, the project was found to be consistent with all policies and provisions of the LCP and MMC.

2. Story poles were installed in June 2022 and demonstrate that the project is compatible with the surrounding development. Properties in the vicinity of the subject property are developed with a mix of one and two-story single-family residences and accessory structures such as second units, detached garages, swimming pools, decks and mature landscaping. As demonstrated with the story poles, due to the size, shape, and topography of the lot, the location of the proposed development will not be visible from any scenic road or located within primary views of neighboring properties. The site is visible from Paradise Cove Beach but is on the landside and will not affect scenic views of the Santa Monica Mountains or other coastal resources. Based on the existing development within the surrounding neighborhood, the proposed project is expected to blend with the surrounding built environment. Therefore, the portions of the structure exceeding 18 feet tall are not anticipated to adversely affect neighborhood character. 7 Resolution No 23-45

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3. The existing size and shape of the subject property limits visibility of the proposed development from Zumirez Drive. No protected private or public views of scenic areas will be impacted in a way that is not compliant with the MMC and LCP.

4. The proposed project was found to comply with all applicable requirements of State and local law and is conditioned to comply with any relevant approvals, permits and licenses from the City of Malibu and other related agencies.

5. The proposed project was found to be consistent with the LCP in that the property is located in an area that has been identified and zoned for residential use. The proposed project was found to be consistent with the LCP in that it conforms to the residential land use designation and all applicable development standards.

6. The proposed development is not expected to significantly obstruct visually impressive scenes from private property.

C. Scenic, Visual and Hillside Resource Protection (LIP Chapter 6)

1. The proposed project is not expected to have adverse impacts on scenic or visual resources. The project has been determined not to require a view corridor due to its location along Zumirez Drive and although visible from a public beach, there will be no impacts to views of the Santa Monica Mountains.

2. The project, as conditioned, is not expected to have significant adverse scenic or visual impacts. The project has been conditioned to include limitations on lighting and colors of the materials used to prevent any visual impacts to scenic areas.

3. The project was found to be the least environmentally damaging feasible alternative.

4. The project, as designed and conditioned, is not expected to adversely affect scenic and visual resources and no feasible alternatives would avoid or substantially lessen any significant adverse impacts on scenic and visual resources.

5. The subject property is visible from Paradise Cove Beach; however, the proposed single-family residence is not expected to significantly impact public views of the Pacific Ocean and is not anticipated to block views of the Santa Monica Mountains from the beach. Therefore, the proposed development, as designed, is sited to eliminate, minimize or otherwise contribute to conformance to sensitive resource policies.

D. Hazards (LIP Chapter 9)

1. The project was found to neither be subject to nor increase the instability of the site from geologic, flood, or fire hazards. The proposed development is suitable for the intended use provided that the certified engineering geologist and/or geotechnical engineer’s recommendations and governing agency’s building codes are followed.

2. The project, as designed, conditioned, and approved by the City geotechnical consultant reviewers and the City Public Works Department, is not expected to have any 8 Resolution No 23-45

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significant adverse impacts on the site stability or structural integrity from geologic or fire hazards due to the project design.

3. The project, as conditioned, was found to be the least environmentally damaging alternative.

4. The proposed development has been analyzed for the hazards listed in LIP Chapter 9 by the City Environmental Health Administrator, City geotechnical consultant reviewers, City Public Works Department, and LACFD. These specialists and agencies determined that the proposed project does not impact site stability or structural integrity.

5. The proposed project, as designed and conditioned, is not expected to have adverse impacts on sensitive resources.

E. Demolition Permit Findings (MMC Section 17.70.060)
DP No. 20-028 from the development standards contained in MMC Section 17.70.060 will allow for the existing single-family home to be demolished.

1. Conditions are included in this resolution pertaining to safe demolition and construction practices required for this project. Among these include using City authorized waste haulers, use of quality building materials and licensed professionals. Regular inspections from the Building Safety Division will take place throughout the demolition and construction of this project so that the City can ensure the conditions are being met.

2. The demolition and construction activities are dependent on the approval of this project. The final demolition and construction plans will be reviewed by City staff in the building plan check process. All City departments must approve the final plans before building permits can be issued.

SECTION 4. City Council Action.

Based on the foregoing findings and evidence contained within the record, the City Council hereby approves CDP No. 20-068, SPR No. 21-009, and DP No. 20-028, subject to the following conditions.

SECTION 5. Conditions of Approval.

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

Demolition
a. DP No. 20-028 for the demolition of the existing single-family residence and detached garage;
Construction
b. Construction of a new 6,284 square foot two-story single-family residence with a 986 square foot basement and 510 square foot attached two-car garage; c. 471 square foot detached second unit;
d. 462 square foot detached two-car garage;
e. Permeable driveway;
f. 42-inch tall solid and up to 6-foot visually permeable front yard fence and vehicular gate;
g. 6-foot solid side yard walls;
h. Swimming pool (62.67 foot long by 18.67 foot wide) and spa (13.33 foot long by

10.67 foot wide) with associated pool equipment (to be fully screened) and decking; i. Second unit spa (7 feet long by 7 feet wide);
j. New landscaping;
k. 14,076 square feet of new impermeable surfaces;
l. Open-air garden trellises
m. Water features;
n. Retaining walls (not to exceed six feet in height); and o. Onsite Wastewater Treatment System.

Discretionary Request
p. SPR No. 21-009 for construction up to 24 feet in height to allow for a flat roof.

3. Except as specifically changed by conditions of approval, the proposed development shall be constructed in substantial conformance with the approved scope of work, as described in Condition No. 2 and depicted on plans on file with the Planning Department date stamped February 8, 2023. The proposed development shall further comply with all conditions of approval stipulated in this resolution and Department Review Sheets attached hereto. In the event project plans conflict with any condition of approval, the condition shall take precedence.

4. Pursuant to LIP Section 13.18.2, this permit and rights conferred in this approval shall not be effective until the property owner signs, notarizes and returns the Acceptance of Conditions Affidavit accepting the conditions of approval set forth herein. The applicant shall file this form with the Planning Department prior to the issuance of any development permits.

5. The applicant shall digitally submit a complete set of plans to the Planning Department for consistency review and approval prior to plan check and again prior to the issuance of any building or development permits.
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6. The CDP shall expire if the project has not commenced within three (3) years after issuance of the permit, unless a time extension has been granted. Extension of the permit may be granted by the approving authority for due cause. Extensions shall be requested in writing by the applicant or authorized agent prior to expiration of the three-year period and shall set forth the reasons for the request. In the event of an appeal, the CDP shall expire if the project has not commenced within three years from the date the appeal is decided by the decision-making body or withdrawn by the appellant.

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

8. All development shall conform to requirements of the City of Malibu Environmental Sustainability Department, City Biologist, City Environmental Health Administrator, City geotechnical consultant reviewers, City Public Works Department, WD29 and LACFD, as applicable. Notwithstanding this review, all required permits shall be secured.

9. Minor changes to the approved plans or the conditions of approval may be approved by the Planning Director, provided such changes achieve substantially the same results and the project is still in compliance with the Malibu Municipal Code and the Local Coastal Program. Revised plans reflecting the minor changes and additional fees shall be required.

10. Pursuant to LIP Section 13.20, development pursuant to an approved CDP shall not commence until the CDP is effective. The CDP is not effective until all appeals, including those to the California Coastal Commission (CCC), have been exhausted. In the event that the CCC denies the permit or issues the permit on appeal, the coastal development permit approved by the City is void.

11. The property owner must submit payment for all outstanding fees payable to the City prior to issuance of any building permit, including grading or demolition.

12. The property owner shall comply with all provisions of the MMC and LIP.

Cultural Resources

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

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

15. Exterior lighting must comply with the Dark Sky Ordinance and shall be minimized, shielded, or concealed and restricted to low intensity features, so that no light source is directly visible from public view. Permitted lighting shall conform to the following standards:
a. Lighting for walkways shall be limited to fixtures that do not exceed two feet in height and are directed downward, and limited to 850 lumens (equivalent to a 60- watt incandescent bulb);
b. Security lighting controlled by motion detectors may be attached to the residence provided it is directed downward and is limited to 850 lumens; c. Driveway lighting shall be limited to the minimum lighting necessary for safe vehicular use. The lighting shall be limited to 850 lumens; d. Lights at entrances as required by the Building Code shall be permitted provided that such lighting does not exceed 850 lumens;
e. Site perimeter lighting shall be prohibited; and
f. Outdoor decorative lighting for aesthetic purposes is prohibited.

16. Night lighting for sports courts or other private recreational facilities shall be prohibited.

17. No permanently installed lighting shall blink, flash, or be of unusually high intensity or brightness. Lighting levels on any nearby property from artificial light sources on the subject property(ies) shall not produce an illumination level greater than one foot-candle.

18. Night lighting from exterior and interior sources shall be minimized. All exterior lighting shall be low intensity and shielded directed downward and inward so there is no offsite glare or lighting of natural habitat areas. High intensity lighting of the shore is prohibited.

19. String lights are allowed in occupied dining and entertainment areas only and must not exceed 3,000 Kelvin.

20. Motion sensor lights shall be programmed to extinguish ten minutes after activation.

21. Three violations of the conditions by the same property owner will result in a requirement to permanently remove the outdoor light fixture(s) from the site.

22. Up-lighting of landscaping is prohibited.

Fencing/Walls/Screening

23. Any above-ground equipment shall be screened from view by a solid wall or fence on all four sides. The fence or walls shall comply with LIP Section 3.5.3(A).

24. The applicant shall include an elevation of the proposed electronic driveway gate on the architectural plans that are submitted for building plan check. The gate and all fencing along the front property line shall comply with the regulations set forth in LIP Section 3.5.

25. The height of fences and walls shall comply with LIP Section 3.5.3(A). No retaining wall shall exceed six feet in height or 12 feet in height for a combination of two or more walls. 12 Resolution No 23-45

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26. New boundary fencing of any single area exceeding ½ acre shall be of an open rail-type design with a wooden rail at the top (instead of wire), be less than 40 inches high, and have a space greater than 14 inches between the ground and the bottom post or wire. A split rail design that blends with the natural environment is preferred.

Demolition/Solid Waste

27. Prior to demolition activities, the applicant shall receive Planning Department approval for compliance with conditions of approval.

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

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

30. Upon plan check approval of demolition plans, the applicant shall secure a demolition permit from the City. The applicant shall comply with all conditions related to demolition imposed by the Building Official.

31. No demolition permit shall be issued until building permits are approved for issuance.

Demolition of the existing structure and initiation of reconstruction must take place within a six-month period. Dust control measures must be in place if construction does not commence within 30 days.

32. The project developer shall utilize licensed subcontractors and ensure that all asbestoscontaining materials and lead-based paints encountered during demolition activities are removed, transported, and disposed of in full compliance with all applicable federal, state and local regulations.

33. Any building or demolition permits issued for work commenced or completed without the benefit of required permits are subject to appropriate “Investigation Fees” as required in the Building Code.

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

Construction / Framing

35. Prior to the commencement of work, the applicant shall submit a copy of their Construction Management Plan. The Construction Management Plan shall include a dedicated parking location for construction workers, not within the public right of way. 13 Resolution No 23-45

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

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

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

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

40. When framing is complete, a site survey shall be prepared by a licensed civil engineer or architect that states the highest roof member elevation, lowest finish floor elevation and elevation of centerline of Malibu Road. Prior to the commencement of further construction activities, said document shall be submitted to the assigned Building Inspector and Planning Department for review and sign off on framing.

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

Waste Management

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

43. An Affidavit and Certification to implement a Waste Reduction and Recycling Plan (WRRP) signed by the Owner or Contractor shall be submitted to the Environmental and Sustainability Department for review and approval. The WRRP shall indicate the 14 Resolution No 23-45

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agreement of the applicant to divert at least 50 percent of all construction waste generated by the project.

Biology/Landscaping

44. Pursuant to LIP Section 4.6.1(A), new development shall be designed and constructed to avoid encroachments on slopes of 25 percent (4:1) grade or steeper, including fencing.

45. Except as permitted pursuant to the provisions in LUP policies 3.18 and 3.20, throughout the City of Malibu, development that involves the use of pesticides, including insecticides, herbicides, rodenticides or any other similar toxic chemical substances, shall be prohibited in cases where the application of such substances would have the potential to significantly degrade Environmentally Sensitive Habitat Areas or coastal water quality or harm wildlife.

Herbicides may be used for the eradication of invasive plant species or habitat restoration, but only if the use of non-chemical methods for prevention and management such as physical, mechanical, cultural, and biological controls are infeasible. Herbicides shall be restricted to the least toxic product and method, and to the maximum extent feasible, shall be biodegradable, derived from natural sources, and used for a limited time.

46. Prior to installation of any landscaping, the applicant shall obtain a plumbing permit for the proposed irrigation system from the Building Safety Division.

47. Prior to or at the time of a Planning final inspection, the property owner/applicant shall submit to the case planner a copy of the plumbing permit for the irrigation system installation that has been signed off by the Building Safety Division.

48. Prior to final plan check approval, provide landscape water use approval from WD29.

49. Invasive plant species, as determined by the City of Malibu, are prohibited.

50. All new and existing vegetation forming a view impermeable condition (hedge) serving the same function as a fence or wall, occurring within the side or rear yard setback shall be maintained at or below six feet in height. View impermeable hedges occurring within the front yard setback serving the same function as a fence or wall shall be maintained at or below 42 inches in height. Three violations of this condition will result in a requirement to permanently remove the vegetation from the site.

51. Vegetation shall be situated on the property so as not to significantly obstruct the primary view from private property at any given time (given consideration of its future growth).

52. No non-native plant species shall be approved greater than 50 feet from the residential structure.

53. Any site preparation activities, including removal of vegetation, between February 1 and September 15 will require nesting bird surveys by a qualified biologist at least 5 days prior to initiation of site preparation activities. Should active nests be identified, a buffer area no less than 150 feet (300 feet for raptors) shall be fenced off until it is determined by a qualified biologist that the nest is no longer active. A report discussing the results of nesting 15 Resolution No 23-45

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bird surveys shall be submitted to the City within two business days of completing the surveys.

54. The landscape plan shall prohibit the use of building materials treated with toxic compounds such as creosote or copper arsenate.

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

Fire Department/Fuel Modification

56. The project shall receive LACFD approval of a Final Fuel Modification Plan prior to the issuance of final building permits.

57. The project is required to have an interior automatic sprinkler system.

Public Works

58. This project proposes to construct a new driveway within the City's right-of-way. Prior to the Public Works Department's approval of the grading or building permit, the applicant shall obtain encroachment permits from the Public Works Department for the proposed driveway. The driveway shall be constructed of either 6-inches of concrete over 4-inches of aggregate base, or 4-inches of asphalt concrete over 6-inches of aggregate base. The driveway shall be flush with the existing grades with no curbs.

59. Several existing private improvements are located within the City’s right-of-way, such as (but not limited to) landscaping, railroad ties, fencing. These improvements are required to be removed as part of this project and must be shown on the plans. The applicant shall place notes on the plans for the removal of existing encroachments within the City’s rightof-way. Prior to the Public Works Department’s approval of the grading or building permit, the applicant shall obtain encroachment permits from the Public Works Department for the removal of the private improvements within the City’s right-of-way.

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

Approved grading for development that is located within or adjacent to ESHA or on slopes greater than 4 to 1 shall not be undertaken unless there is sufficient time to complete grading operations before the rainy season. If grading operations are not completed before the rainy season begins, grading shall be halted and temporary erosion control measures shall be put into place to minimize erosion until grading resumes after March 31, unless the City determines that completion of grading would be more protective of resources. 16 Resolution No 23-45

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61. Exported soil from a site shall be taken to the Los Angeles County Landfill or to a site with an active grading permit and the ability to accept the material in compliance with LIP Section 8.3.

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

63. A Local Storm Water Pollution Prevention Plan (LSWPPP) shall be provided prior to issuance of grading/building permits. This plan shall include an Erosion and Sediment Control Plan (ESCP) that includes, but is not limited to:

Erosion Controls Scheduling Erosion Controls Scheduling Preservation of Existing Vegetation
Sediment Controls
Silt Fence
Sand Bag Barrier
Stabilized Construction Entrance
Non-Storm Water Management Water Conservation Practices Dewatering Operations
Waste Management Material Delivery and Storage
Stockpile Management
Spill Prevention and Control
Solid Waste Management
Concrete Waste Management
Sanitary/Septic Waste Management
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64. All BMPs shall be in accordance to the latest version of the California Stormwater Quality Association (CASQA) BMP Handbook. Designated areas for the storage of construction materials, solid waste management, and portable toilets must not disrupt drainage patterns or subject the material to erosion by site runoff.

65. A Water Quality Mitigation Plan (WQMP) is required for this project. The WQMP shall be supported by a hydrology and hydraulic study that identifies all areas contributory to the property and an analysis of the predevelopment and post development drainage of the site. The WQMP shall meet all the requirements of the City’s current Municipal Separate Stormwater Sewer System (MS4) permit.

66. Hydromodification, which is alteration or disturbance of streams or natural drainage courses or human-made or altered drainage courses that have replaced natural streams or drainages and serve the same function, shall be prohibited. a. Necessary water supply projects where no feasible alternative exists. b. Flood protection for existing development where there is no other feasible alternative.
c. The improvement of fish and wildlife habitat.

67. A State Construction activity permit is required for this project due to the disturbance of more than one acre of land for development. Provide a copy of the letter from the State Water Quality Control Board containing the WDID number prior to the issuance of grading or building permits.

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

69. All final plans including but not limited to, the grading and drainage plan shall be reviewed and approved by the City Public Works Department.

Geology

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

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

Swimming Pool / Spa / Mechanical Equipment

72. Onsite noise, including that which emanates from swimming pool and air conditioning equipment, shall be limited as described in MMC Chapter 8.24 (Noise).

73. Pool and air conditioning equipment that will be installed shall be screened from view by a solid wall or fence on all four sides. The fence or walls shall comply with LIP Section

3.5.3(A).
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74. All swimming pools shall contain double walled construction with drains and leak detection systems capable of sensing a leak of the inner wall.

75. The discharge of swimming pool, spa and decorative fountain water and filter backwash, including water containing bacteria, detergents, wastes, algaecides, or other chemicals is prohibited. Swimming pool, spa, and decorative fountain water may be used as landscape irrigation only if the following items are met:
a. The discharge water is dechlorinated, debrominated or if the water is disinfected using ozonation;
b. There are sufficient BMPs in place to prevent soil erosion; and c. The discharge does not reach into the MS4 or to the ASBS (including tributaries).

76. Discharges not meeting the above-mentioned methods must be trucked to a Publicly Owned Wastewater Treatment Works.

77. A sign stating “It is illegal to discharge pool, spa, or water feature waters to a street, drainage course, or storm drain per MMC Section 13.04.060(D)(5)” shall be posted in the filtration and/or pumping equipment area for the property. Prior to the issuance of any permits, the applicant shall indicate the method of disinfection and the method of discharging.

Environmental Health

78. Prior to the issuance of a building permit the applicant shall demonstrate, to the satisfaction of the Building Official, compliance with the City of Malibu’s Onsite Wastewater Treatment regulations including provisions of LIP Section 18.9 related to continued operation, maintenance and monitoring of onsite facilities.

79. Prior to final Environmental Health approval, a final OWTS plot plan shall be submitted showing an AOWTS design meeting the minimum requirements of the Malibu Plumbing Code (MPC) and the LCP, including necessary construction details, the proposed drainage plan for the developed property and the proposed landscape plan for the developed property. The AOWTS plot plan shall show essential features of the AOWTS and must fit onto an 11-inch by 17-inch sheet leaving a five-inch margin clear to provide space for a City applied legend. If the scale of the plans is such that more space is needed to clearly show construction details and/or all necessary setbacks, larger sheets may also be provided (up to a maximum size of 18 inches by 22 inches).

80. A final design and system specifications shall be submitted as to all components (i.e., alarm system, pumps, timers, flow equalization devices, backflow devices, etc.) proposed for use in the construction of the proposed OWTS. For all OWTS, final design drawings and calculations must be signed by a California registered civil engineer, a registered environmental health specialist or a professional geologist who is responsible for the design. The designer must also be a registered OWTS designer with the City of Malibu.

The final OWTS design report and drawings shall be submitted to the City Environmental Health Administrator with the designer’s wet signature, professional registration number and stamp (if applicable).
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81. The final OWTS design report shall contain the following information (in addition to the items listed above).
a. Required treatment capacity for wastewater treatment and disinfection systems. The treatment capacity shall be specified in terms of flow rate, gallons per day, and shall be supported by calculations relating the treatment capacity to the number of bedroom equivalents, plumbing fixture equivalents, and/or the subsurface effluent dispersal system acceptance rate. The fixture unit count must be clearly identified in association with the design treatment capacity, even if the design is based on the number of bedrooms. Average and peak rates of hydraulic loading to the treatment system shall be specified in the final design;
b. Sewage and effluent pump design calculations (as applicable). c. Description of proposed wastewater treatment and/or disinfection system equipment. State the proposed type of treatment system(s) (e.g., aerobic treatment, textile filter ultraviolet disinfection, etc.); major components, manufacturers, and model numbers for "package" systems; and conceptual design for custom engineered systems;
d. Specifications, supporting geology information, and percolation test results for the subsurface effluent dispersal portion of the onsite wastewater disposal system. This must include the proposed type of effluent dispersal system (drainfield, trench, seepage pit subsurface drip, etc.) as well as the system’s geometric dimensions and basic construction features. Provide seepage pit cap depth relative to original and finished grades. Supporting calculations shall be presented that relate the results of soils analysis or percolation/infiltration tests to the projected subsurface effluent acceptance rate, including any unit conversions or safety factors. Average and peak rates of hydraulic loading to the effluent dispersal system shall be specified in the final design. The projected subsurface effluent acceptance rate shall be reported in units of total gallons per day and gallons per square foot per day. Specifications for the subsurface effluent dispersal system shall be shown to accommodate the design hydraulic loading rate (i.e., average and peak OWTS effluent flow, reported in units of gallons per day). The subsurface effluent dispersal system design must take into account the number of bedrooms, fixture units and building occupancy characteristics; and
e. All final design drawings shall be submitted with the wet signature and typed name of the OWTS designer. If the scale of the plan is such that more space is needed to clearly show construction details, larger sheets may also be provided (up to a maximum size of 18 inch by 22 inch, for review by Environmental Health). Note:

For OWTS final designs, full-size plans are required for review by the Building Safety Division and/or the Planning Department.

82. Final plans shall clearly show the locations of all existing OWTS components (serving preexisting development) to be abandoned and provide procedures for the OWTS' proper abandonment in conformance with the Malibu Municipal Code.

83. All project traffic rated slab plans shall be submitted for Environmental Health review and approval. These plans must be approved by the Building Safety Division prior to receiving Environmental Health final approval.

84. Proof of ownership of subject property shall be submitted to the City Environmental Health Administrator.
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85. An operations and maintenance manual specified by the OWTS designer shall be submitted to the City Environmental Health Administrator. This shall be the same operations and maintenance manual submitted to the owner and/or operator of the proposed OWTS following installation.

86. Prior to final Environmental Health approval, a maintenance contract executed between the owner of the subject property and an entity qualified in the opinion of the City of Malibu to maintain the proposed OWTS after construction shall be submitted. Only original wet signature documents are acceptable and shall be submitted to the City Environmental Health Administrator.

87. Prior to final Environmental Health approval, a covenant which runs with the land shall be executed between the City of Malibu and the holder of the fee simple absolute as to subject real property and recorded with the Los Angeles County Recorder’s Office. Said covenant shall serve as constructive notice to any future purchaser for value that the AOWTS serving subject property is an alternative method of onsite wastewater disposal pursuant to the City of Malibu Plumbing Code, Appendix K, Section 1(i). Said covenant shall be provided by the City of Malibu Environmental Health Administrator and shall be submitted to the City of Malibu with proof of recordation by the Los Angeles County Recorder.

88. Final approval by the City geotechnical consultant reviewers, City Public Works Department and City Planning Department shall be submitted to the City Environmental Health Administrator.

89. A final fee in accordance with the adopted fee schedule at the time of the final approval shall be paid to the City of Malibu for Environmental Health review of the OWTS design and system specification.

90. In accordance with MMC Chapter 15.14, an application shall be made to the Environmental and Building Safety Division for an OWTS operating permit. An operating permit fee shall be submitted with the application and a final fee shall be paid for Environmental Health review of the OWTS design and system specifications.

Water Service

91. Prior to the issuance of a building permit, the applicant shall submit an updated Will Serve Letter from Los Angeles County Waterworks District No. 29 to the Planning Department indicating the ability of the property to receive adequate water service.

Prior to Occupancy

92. Prior to a final Building inspection, the applicant shall provide a Recycling Summary Report (Summary Report) and obtain the approval from the Environmental Sustainability Department.

Applicant must provide haul tickets and diversion information. The final Summary Report shall designate the specific materials that were land filled or recycled, and state the facilities where all materials were taken.
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93. The applicant shall request a final Planning Department inspection prior to final inspection by the City of Malibu Building Safety Division. A Certificate of Occupancy shall not be issued until the Planning Department has determined that the project complies with this coastal development permit. A temporary Certificate of Occupancy may be granted at the discretion of the Planning Director, provided adequate security has been deposited with the City to ensure compliance should the final work not be completed in accordance with this permit.

94. Prior to final Planning inspection or other final project sign off (as applicable), the applicant shall submit to the Planning Director for review and approval a certificate of completion in accordance with the Landscape Water Conservation Ordinance (MMC Chapter 17.53).

The certificate shall include the property owner’s signed acceptance of responsibility for maintaining the landscaping and irrigation in accordance with the approved plans and MMC Chapter 17.53.

95. Prior to issuance of a Certificate of Occupancy, the City Biologist shall inspect the project site and determine that all Planning Department conditions to protect natural resources are in compliance with the approved plans.

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

Site Specific Conditions

97. No furniture or other attachment, whether temporary or fixed, other than the approved trellis may be placed on the deck nearest the ocean taller than 18 feet in height as measured from adjacent grade.

Fixed Conditions

98. This coastal development permit shall run with the land and bind all future owners of the property.

99. Violation of any of the conditions of this approval may be cause for revocation of this permit and termination of all rights granted there under.

Deed Restrictions
100. The property owner is required to execute and record a deed restriction which shall indemnify and hold harmless the City, its officers, agents, and employees against any and all claims, demands, damages, costs and expenses of liability arising out of the acquisition, design, construction, operation, maintenance, existence or failure of the permitted project in an area where an extraordinary potential for damage or destruction from wildfire exists as an inherent risk to life and property. The property owner shall provide a copy of the recorded document to Planning Department staff prior to final Planning Department approval.
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101. Prior to final Planning Department approval, the applicant shall be required to execute and record a deed restriction reflecting lighting requirements set forth in Condition Nos. 15-22.

The property owner shall provide a copy of the recorded document to the Planning Department prior to final Planning Department approval.

SECTION 6. The City Council shall certify the adoption of this resolution.

PASSED, APPROVED AND ADOPTED this 23rd day of October, 2023.

_____________________________
STEVE UHRING, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 1.12.010 of the MMC and Code of Civil Procedure. Any person wishing to challenge the above action in Superior Court may be limited to raising only those issues they or someone else raised at the public hearing, or in written correspondence delivered to the City of Malibu at or prior to the public hearing.

COASTAL COMMISSION APPEAL – An aggrieved person may appeal the City Council’s approval to the Coastal Commission within 10 working days of the issuance of the City’s Notice of Final Action. Appeal forms may be found online at www.coastal.ca.gov or by calling (805) 585- 1800. Such an appeal must be filed with the Coastal Commission, not the City. 23

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Commission Agenda Report
To: Chair Smith and Members of the Planning Commission
Prepared by: Tyler Eaton, Senior Planner
Approved by: Richard Mollica, Planning Director
Date prepared: February 23, 2023 Meeting date: March 6, 2023 Subject: 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 (Continued from February 21, 2023)
Location: 6734 Zumirez Drive, within the appealable coastal zone APN: 4466-002-001
Owner: IBN Properties, LLC
RECOMMENDED ACTION: Adopt Planning Commission Resolution No. 23-11 (Attachment 1) 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 singlefamily 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).

DISCUSSION: This agenda report provides a project overview, a summary of project setting and surrounding land uses, a description of the project scope, an analysis of the project’s consistency with applicable provisions of the Malibu Local Coastal Program (LCP) and Malibu Municipal Code (MMC), and environmental review pursuant to CEQA. The analysis and findings contained herein demonstrate the project is consistent with the LCP and MMC.

Planning Commission
Meeting
03-06-23
Item

4.B.

EXHIBIT B
24

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Project Overview
The existing single-family residence was constructed in 1949 according to the Los Angeles County Assessor. The subject application proposes to demolish the existing single-family residence and construct a new single-family residence and associated development including a new detached garage and detached second unit. The project plans are included as Attachment 2. The project was continued at the August 1, 2022 Planning Commission meeting for staff to address potential view impact concerns from the neighbors. Staff has been able to analyze all of the correspondence and has determined that the project, as proposed, complies with MMC and LCP.

View Corridor
In June of 2022, staff received an email from a nearby resident regarding the project’s potential for scenic view impacts (Attachment 4). Specifically, the resident was concerned with potential view corridor requirements. Zumirez Drive is not an LCP-designated scenic road and, as such, development along the road has not traditionally required a view corridor. However, LCP Local Implementation Plan (LIP) Section 6.5(E) states that “New development on parcels located on the ocean side of public roads, including but not limited to, Pacific Coast Highway, Malibu Road, Broad Beach Road, Birdview Avenue, Cliffside Drive shall protect public ocean views.” As a result, staff asked the applicant to demonstrate that a view corridor would not provide a view of the ocean as required by the LCP. The applicant provided a view corridor exhibit (Attachment 5) which shows that the Paradise Cove mobile home park, with existing development, is situated at relatively the same elevation as the subject parcel and is aligned in such a way that a view corridor, as defined in LIP Section 6.5(E)(2), would not provide views of the Pacific Ocean (Figure 1).

The ocean is visible from the parcel but only diagonally across the parcel. The LIP requires that a view corridor be a contiguous, straight corridor running along one side of the property. The applicant demonstrated that such corridor would only provide views of the Paradise Cove mobile home park and not the Pacific Ocean. 25

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Figure 1 – Applicant’s View Corridor Exhibit
Source: Applicant’s Exhibit
Primary View Determinations
Primary View Determinations (PVDs) were found within a 1,000-foot radius of the site but the proposed project is not expected to impact any protected views from the documented PVDs. Staff received concerns from two neighbors in July of 2022. The concerns voiced by the neighbors are described as follows:

Correspondence from the Zicklins
The Zicklins provided an email and letter (Attachment 4) raising concerns with project as well as potential view impacts. The photos that the Zicklins initially provided in July 2022 appeared to have been taken from down the slope and not from the residence’s documented PVD (Attachment 6). It seemed the concern identified from these photos was primarily about the proposed pool deck, designed not to exceed 18 feet in height (including 42-inch tall railing). Even from this line-of-sight, the portion of the development above 18 feet in height would not be obstructing ocean views. However, there could be potential view impacts from the deck as shown in Figure 2. However, the deck does not exceed a height of 18 feet and therefore, it is not subject to the site plan review. 26

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Figure 2 -Photo from the Zicklins
Source: Zicklin Correspondence, September 2022
The Zicklins are also concerned about future lights on the deck and deck furniture such as umbrellas, and movie screens. The property will be conditioned, and will be required to record a deed restriction, to comply with the City’s Dark Sky Ordinance. String lights are only allowed in occupied dining areas while the space is used pursuant to MMC Chapter

17.41. Staff has previously applied building height requirements to furniture on rooftop decks. However, to avoid any confusion, staff added Condition No. 97 to Resolution No. 23-11 restricting any type of furniture or attachment on the deck not to exceed a height of 18 feet as measured from adjacent grade.

The letter also raises concerns with noise generated from future parties on the proposed deck. Any event held at the property with 100 people or more would require a Special Event Permit with the City, and so would an event that occurred if the property were rented out even if it was less than 100 people. Special Event Permits are limited to four per year and have conditions applied to them that limit noise and other public nuisances.

Additionally, the property will have to comply with MMC Chapter 8.24 which is the City’s Noise Ordinance.

Lastly, the Zicklins contend that the slope along the rear of the subject property qualifies as a bluff and the proposed development is too close to the top of the bluff and 27

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Environmentally Sensitive Habitat Area (ESHA). Staff reviewed the project’s geotechnical reports and checked with City geotechnical consultant reviewers and determined that the area of concern, the eastern facing down-sloping portion of the property, is not considered either a coastal or canyon bluff and therefore the bluff setback does not apply. The project was reviewed for geologic integrity and was deemed to be in compliance with the City’s standards. In terms of ESHA, the subject property is within Point Dume and ESHA within Point Dume is addressed in the LIP by restricting construction on slopes that are 25 percent or steeper, other known as 4 to 1 and steeper. The proposed project avoids these slopes as shown in the applicant’s slope analysis.

Correspondence from Ryan Levis
Mr. Levis represents the owner of 6728 Zumirez Drive who is also concerned about potential view impacts. In December of 2022, staff documented a PVD (Attachment 7) for this property in response to the proposed development. A portion of the bluewater view will be obstructed by the proposed residence and deck. Figure 3 below includes the photo that shows the view obstruction. However, this portion of the residence and deck is under 18 feet in height and is not subject to the requested site plan review. The portion of the residence over 18 feet in height will not obstruct any bluewater views from the neighbor’s documented PVD. Pursuant to MMC Section 17.40.040(A)(17), the primary view corridor shall exclude the first 18 feet of the proposed building height as measured from the existing natural grade or finish grade whichever results in a lower building height.

Figure 3 – Photo Documented in PVD No. 23-001
Source: PVD No. 23-001
Mr. Levis also pointed out that the proposed development is not in-keeping with other development along the same side of the street in terms of siting the development away 28

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from the slope. His solution is to re-site the proposed development 35 feet closer to the street in order to keep it in line with the existing development on the same side of the street. The project conforms to the LCP and MMC. There are no provisions in the code that would require the proposed development to be in line with other development on the same side of the street.

Potential Stream
Correspondence from Jaime Harnish
On February 16, 2023, Mr. Jaime Harnish, owner representative for both the Zicklins and the neighbors at 6744 Zumirez Drive, submitted correspondence regarding a potential stream with riparian habitat on the eastern side of the property (Attachment 4). The subject property is in Point Dume. LIP Section 4.6.1(A) states that “[n]ew 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.” As stated, the LCP addresses streams differently in Point Dume versus other parts of the City. Instead of a 100-foot stream ESHA buffer, the LCP restricts development to be sited on slopes equal to or flatter than 4 to 1. The proposed project avoids 4 to 1 slopes or steeper, which is evident on the applicant’s stamped color-coded slope analysis and geology reports submitted for the project. As a result, the proposed development is consistent with applicable ESHA requirements.

Mr. Harnish also mentions that the site is visible from the beach. The proposed development will be visible from the beach and later in this report the associated scenic resource findings are made. Staff does not expect the proposed development would have a significant visual impact from the beach. The proposed development is surrounded by mature vegetation and other surrounding development and therefore, the proposed development will be mostly visually screened and will blend in with the surrounding built environment.

Surrounding Land Uses and Project Settings
The subject property is located in the Point Dume neighborhood, south of Pacific Coast Highway (PCH) and on the east side of Zumirez Drive (Figure 4). The parcel is currently developed with a two-story single-family residence and detached garage. Properties in the vicinity of the subject property are zoned RR-1 and are developed with one and two-story single-family residences and accessory structures such as swimming pools, second units/guest houses, and detached garages.
29

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Figure 4 – Aerial Photograph
Source: Malibu City GIS 2022
The subject property lies within the Appealable Jurisdiction of the California Coastal Commission as depicted on the Post-Local Coastal Program Certification Permit and Appeal Jurisdiction Map. The project area is not designated ESHA as shown on the LCP ESHA Overlay Map. According to the LCP Park Lands Map, no trails are located within the project vicinity. The parcel is visible from Paradise Cove Beach on the easterly side of the property.

Table 1 provides a summary of the lot dimensions and the lot area of the subject parcel.

Table 1 – Total Property Data
Lot Depth 592 feet
Lot Width 98.33 feet
Gross Lot Area 58,093 square feet (1.33 acres)
Net Lot Area* 58,093 square feet (1.33 acres)
*Net Lot Area = Gross Lot Area minus the area of access easements and 1 to 1 slopes.

Table 2 provides a summary of the neighboring surrounding land uses and lot sizes. 30

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Table 2 – Adjacent Land Uses
Address Size Zone Land Use
North 6728 Zumirez Drive 1.38 acres RR-1 Single-Family Residence East 28128 PCH 29.85 acres MHR1 Paradise Cove Mobile
Home Park
West 6725 Zumirez Drive 1.05 acres RR-1 Single-Family Residence 6747 Zumirez Drive 1.83 acres RR-1 Single-Family Residence South 6744 Zumirez Drive 1.36 acres RR-1 Single-Family Residence Project Description
The proposed scope of work is as follows (Attachment 2 – Project Plans):

Demolition
• Demolition of the existing single-family residence and detached garage; Construction
• Construction of a new 6,284 square foot two-story single-family residence with a 986 square foot basement and 510 square foot attached two-car garage; • 471 square foot detached second unit;
• 462 square foot detached two-car garage;
• Permeable driveway;
• 42-inch tall solid and up to 6-foot visually permeable front yard fence and vehicular gate;
• 6-foot solid side yard walls;
• Swimming pool (62.67 feet long by 18.67 feet wide) and spa (13.33 feet long by

10.67 feet wide) with associated pool equipment (to be fully screened) and decking; • Second unit spa (7 feet long by 7 feet wide);
• New landscaping;
• 14,076 square feet of new impermeable surfaces;
• Open-air garden trellises
• Water features;
• Retaining walls (not to exceed six feet in height); and • OWTS.

Discretionary Request
• SPR No. 21-009 for construction up to 24 feet in height to allow for a flat roof.

Proposed Total Development Square Footage (TDSF)
1 MHR is an acronym for Mobilehome Residential; LIP Chapter 3.3. 31

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• Single-family residence w/ attached garage 6,794 sq. ft. • Second unit 471 sq. ft.
• Detached garage 462 sq. ft.

Total: 7,727 sq. ft.

LCP Analysis
The LCP consists of the Land Use Plan (LUP) and the LIP. The LUP contains programs and policies to implement the Coastal Act in Malibu. The purpose of the LIP is to carry out the policies of the LUP. The LIP contains specific policies and regulations to which every project requiring a CDP must adhere.

There are 14 LIP chapters that potentially apply depending on the nature and location of the proposed project. Of these, five are for conformance review only and contain no findings: 1) Zoning, 2) Grading, 3) Archaeological/Cultural Resources, 4) Water Quality, and 5) OWTS. These chapters are discussed in the LIP Conformance Analysis section.

The nine remaining LIP chapters do contain required findings: 1) Coastal Development Permit findings; 2) ESHA; 3) Native Tree Protection; 4) Scenic, Visual and Hillside Resource Protection; 5) Transfer of Development Credits; 6) Hazards; 7) Shoreline and Bluff Development; 8) Public Access; and 9) Land Division. For the reasons described in this report, including the project site, the scope of work and substantial evidence in the record, only the following chapters and associated findings are applicable to the project:

Coastal Development Permit (including the required findings for the SPR), Scenic, Visual and Hillside Resource Protection and Hazards. Findings have also been included for the proposed demolition permit as required by the MMC. These chapters are discussed in the LIP Findings section of this report.

LIP Conformance Analysis
The proposed project has been reviewed by the Planning Department, City Biologist, City Environmental Health Administrator, City geotechnical consulting reviewers, City Public Works Department, Los Angeles County Waterworks District No. 29 (WD29), and the Los Angeles County Fire Department (LACFD) (Attachment 3 – Department Review Sheets).

These specialists found the project, as proposed and conditioned, to be consistent with all applicable LCP codes, standards, goals and policies with the inclusion of SPR No. 21-009.

Zoning (LIP Chapter 3)
The proposed project is subject to non-beachfront residential development and design standards set forth under LIP Sections 3.5 and 3.6. Table 3 provides a summary and indicates the proposed project meets those standards, inclusive of the requested SPR. 32

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Table 3 – LCP Zoning Conformance
Development Requirement Allowed/ Required Proposed Comments SETBACKS (ft.)
Front Yard 65 ft. 142 ft., 5 in. Complies
Rear Yard 88 ft., 10 in. 139 ft. 6 in. Complies
10% Side Yard (south) 9 ft., 10 in. 9 ft., 10 in. Complies 25% Cumulative Yard 24 ft., 7 in. 24 ft., 7 in. Complies

PARKING
Enclosed 2 4 Complies
Unenclosed 2 2 Complies
TDSF 7,760 sq. ft. 7,727 sq. ft. Complies
IMPERMEABLE COVERAGE 17,428 sq. ft. 14,076 sq. ft. Complies HEIGHT (ft.) 18 ft. 24 ft.(Flat Roof) SPR 21-009
1st Floor x 2/3rds = 2nd Floor square
feet
5,222 sq. ft. x 2/3 =
3,499 sq. ft.
1,572 sq. ft. Complies
SITE OF CONSTRUCTION Flatter than 4 to 1 Flatter than 4 to 1 Complies NON-EXEMPT GRADING < 1,000 cubic yards 920 cubic yards Complies

FENCES/WALLS/HEDGES/GATES
Front Yard
42-inches solid w/
area up to six feet
to remain view
permeable
42-inches solid w/
area up to six feet
to remain view
permeable
Complies
ESHA (LIP Chapter 4)
Pursuant to LIP Section 4.6.1(A), new development in Point Dume shall be designed to avoid encroachment on slopes of 25 percent grade or steeper. All of the proposed development will be sited to avoid 25 percent slopes and steeper, consistent with LIP Chapter 4. The proposed development will all take place within the two-acre convex development area as defined in LIP Section 3.6(H).

Grading (LIP Chapter 8)
LIP Section 8.3 ensures that new development minimizes the visual resource impacts of grading and landform alteration by restricting the amount of non-exempt grading to a maximum of 1,000 cubic yards for a residential parcel. As summarized in Table 4, the project includes 920 cubic yards of non-exempt grading. Therefore, the proposed project complies with grading requirements set forth under LIP Section 8.3. 33

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Table 4 – LCP Grading Conformance
Exempt** NonR&R* Understructure Safety*** Exempt Remedial Total Cut 3,950 cy 1,460 cy 210 640 cy 0 6,260 cy
Fill 3,950 cy 30 cy 0 280 cy 0 4,260 cy
Total 7,900 cy 1,490 cy 210 920 cy 0 10,520 cy
Import 0 0 0 0 0 0
Export 0 1,430 cy 210 360 cy 0 2,000 cy
*Note: R&R= Removal and Recompaction; cy = cubic yards
**Exempt grading includes all Removal and Recompaction (R&R), understructure and safety grading. Safety grading is the incremental grading required for fire department access (such as turnouts, hammerheads and turnarounds and any other increases in driveway width above 15 feet required by the Los Angeles County Fire Department).

Archaeological / Cultural Resources (LIP Chapter 11)
LIP Chapter 11 requires certain procedures be followed to determine potential impacts on archaeological resources. The project site has been evaluated for potential impacts to archaeological resources in a Phase 1 Archaeological Report, prepared by Robert Wlodarski of Historical, Environmental, Archaeological, Research, Team (H.E.A.R.T.), dated December 2018. The report concluded that no cultural resources were discovered within the project area.

Nevertheless, a condition of approval is included which states that in the event that potentially important cultural resources be found in the course of geologic testing or during construction, work shall immediately cease until a qualified archaeologist can provide an evaluation of the nature and significance of the resources and until the Planning Director can review this information.

Water Quality (LIP Chapter 17)
The City Public Works Department reviewed and approved the proposed project for conformance to LIP Chapter 17 requirements for water quality protection. A standard condition of approval for this project requires that prior to the issuance of any development permit, a Local Storm Water Pollution Prevention Plan incorporating construction-phase Erosion and Sediment Control Plan and Best Management Practices, must be approved by the City Public Works Department. Additionally, the ocean between Latigo Point and the western City limits has been established by the State Water Resources Control Board as an Area of Special Biological Significance (ASBS) as part of the California Ocean Plan.

As such, the applicant’s drainage system is required to retain all non-storm water runoff on the property without discharge to the ASBS, and to maintain the natural water quality within the ASBS by treating storm runoff for pollutants in residential storm runoff that would cause a degradation of ocean water quality in the ASBS. A condition is also included requiring a Water Quality Mitigation Plan. With the implementation of these conditions, the proposed project conforms to the water quality protection standards of LIP Chapter 17. 34

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Wastewater Treatment System Standards (LIP Chapter 18)
LIP Chapter 18 addresses OWTS. LIP Section 18.7 includes specific siting, design, and performance requirements. The project has an OWTS to serve the existing and proposed development, which includes a 7,540-gallon MicroSepTec ES25 tank with an ultraviolet disinfection unit, two seepage pits, and two future seepage pits. The OWTS will be located towards the western portion of the property. The OWTS conformance review was completed for five bedrooms and 119 fixture units for the single-family residence and one bedroom and 16 fixture units for the second unit. The OWTS has been reviewed by the City Environmental Health Administrator and found to meet the minimum requirements of the LCP and MMC.

LIP Findings
A. Coastal Development Permit (LIP Chapter 13)
Pursuant to LIP Section 13.9, the following four findings need to be made on all coastal development permits.

Finding 1. That the project as described in the application and accompanying materials, as modified by any conditions of approval, conforms with the certified City of Malibu Local Coastal Program.

The project is located in the RR-1 zoning district, an area designated for rural residential uses. A single-family residence and associated development are permitted uses. The proposed project has been reviewed for conformance with the LCP by the Planning Department, City Biologist, City Environmental Health Administrator, City geotechnical consultant reviewers, City Public Works Department, WD29, and LACFD. As discussed herein, based on submitted reports, project plans, visual analysis, and site investigations, the proposed project, as conditioned, conforms to the LCP and MMC in that it meets all applicable residential development standards with the inclusion of the requested SPR.

Finding 2. If the project is located between the first public road and the sea, that the project is in conformity to the public access and recreation policies of Chapter 3 of the Coastal Act of 1976 (commencing with Sections 30200 of the Public Resources Code).

The project is located between the first public road parallel to the sea. However, the proposed project and related construction activities are not anticipated to interfere with the public’s right to access the coast as the site offers no direct or indirect public beach access.

Adequate public access exists nearby, and project complies with Coastal Act.

Finding 3. The project is the least environmentally damaging alternative. 35

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Alternative Project(s) – The applicant could have remodeled the existing structure with proposed additions. Remodeling and adding to the residence would be less impactful to the site, although the original house was constructed in 1949 and is not in compliance with today’s building code and possibly City’s design standards.

In June of 2022, staff visited the project site to document the story poles and reviewed alternate site locations for the proposed project. The structures could be clustered closer together to limit the required fuel modification as stated LIP Section 3.6(N)(1)(c)(i).

However, the subject and neighboring parcels are mostly devoid of native vegetation and no ESHA will be affected by the required fuel modification. Clustering the structures closer together would result in generally the same amount of required fuel modification and have similar impacts as proposed. The proposed second unit and detached garage will be clustered together, separated from the main house by a Fire Department turnaround to retain some privacy. All structures are proposed within the required two-acre convex development area as required by LIP Section 3.6(H). Many properties along Zumirez Drive are developed with similar accessory structures and siting.

Another alternative would be to site the proposed main residence further back from the steeper slopes to east of the property. This alternative would provide better views for the neighboring parcels. However, as mentioned in the “Project Overview” section above, the project is in conformance with the LCP and MMC as proposed.

Additionally, the applicant could have proposed a smaller, single-story home to avoid the site plan review. However, the proposed project will comply with the LCP and the property will be within the allowed TDSF. No view impacts or impacts to ESHA are anticipated as a result of the proposed development.

Proposed Project – The project consists of the demolition of the existing residence and construction of a new single-family residence, second unit, detached garage, swimming pool, two spas and associated development, all of which are permitted uses within the RR1 zoning classification of the subject property. The project also complies with the impermeable coverage calculation, TDSF calculation, two-thirds rule, and setback requirements of the LCP. The selected location for the proposed development has been reviewed and conditionally approved by the City Planning Department, City Biologist, City Environmental Health Administrator, City geotechnical consultant reviewers, City Public Works Department, WD29, and the LACFD and the project meets the City’s residential development policies of the LCP and MMC. The proposed development is consistent with existing development in the area and has been determined not to result in adverse impacts. Therefore, there are not project alternatives that would provide a significant benefit to the environment compared to the proposed project. The proposed project meets the development policies of the LCP and MMC, with the inclusion of the SPR and has been determined to be the least environmentally damaging alternative. 36

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Finding 4. If the project is located in or adjacent to an environmentally sensitive habitat area pursuant to Chapter 4 of the Malibu LIP (ESHA Overlay), that the project conforms with the recommendations of the Environmental Review Board, or if it does not conform with the recommendations, findings explaining why it is not feasible to take the recommended action.

The proposed development is located in Point Dume. As such, the proposed development has been sited on slopes flatter than 4 to 1 consistent with the ESHA requirements in the area. As a result, the proposed project is not subject to review by the Environmental Review Board (ERB). Therefore, this finding does not apply.

B. Site Plan Review for Construction in Excess of 18 Feet in Height (LIP Section

13.27.5)
LIP Section 13.27.5(A) requires that the City makes four findings in the consideration and approval of a site plan review for construction exceeding the City’s base 18-foot height limit to a maximum of 24 feet with a flat roof and 28 feet with a pitched roof. Two additional findings are required pursuant to MMC Section 17.62.060. The applicant is proposing to construct a new two-story single-family residence that is proposed to be 24 feet in height.

Based on the evidence in the record, the findings of fact for SPR No. 21-009 are made as follows:

Finding 1. The project is consistent with policies and provisions of the Malibu LCP.

As stated in Section A, the project has been reviewed for conformance with all relevant policies and provisions of the LCP. Based on submitted reports, visual impact analysis, and a detailed site investigation, the project is consistent with all policies and provisions of the LCP and MMC.

Finding 2. The project does not adversely affect neighborhood character.

Story poles were installed in June 2022. Staff visited the project site in June 2022, photodocumented the story poles and evaluated the project for conformance with City codes.

Properties in the vicinity of the subject property are developed with a mix of one and twostory single-family residences and accessory structures such as second units, detached garages, and swimming pools. As demonstrated with story poles, due to the size, shape, and topography of the lot, the location of the proposed development will not be visible from any scenic road or located within primary views of neighboring properties. The site is visible from Paradise Cove Beach but is on the landside and will not affect scenic views of the Santa Monica Mountains or other coastal resources. Based on the existing development within the surrounding neighborhood, the proposed project is expected to blend with the surrounding built environment. Therefore, the portions of the structure exceeding 18 feet tall are not anticipated to adversely affect neighborhood character. 37

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Finding 3. The project provides maximum feasible protection to significant public views as required by Chapter 6 of the Malibu LIP.

The existing size and shape of the subject property limits visibility of the proposed development from Zumirez Drive. PVDs were discovered within a 1,000-foot radius of the site but none will be impacted by the proposed development. As stated in Finding 2, no private or public views of scenic areas will be impacted.

Finding 4. The proposed project complies with all applicable requirements of state and local law.

The proposed project will comply with all applicable requirements of State and local law and is conditioned to comply with any relevant approvals, permits and licenses from the City of Malibu and other related agencies.

Finding 5. The project is consistent with the City’s general plan and local coastal program.

The proposed project is consistent with the LCP in that the property is located in an area that has been identified and zoned for residential use. The proposed project is also consistent with the City’s General Plan and LCP. The goals and policies of the General Plan intend to maintain rural residential character in this area, and all components of the project are consistent with these goals. The proposed project is consistent with the LCP in that it conforms to the residential land use designation and all applicable development standards.

Finding 6. The project does not obstruct visually impressive scenes of the Pacific Ocean, off-shore islands, Santa Monica Mountains, canyons, valleys, or ravines from the main viewing area of any affected principal residence as defined in MMC Section

17.40.040(A)(17).

As stated in Finding 2, the proposed development will not significantly impede any private visually impressive views of the Pacific Ocean or other scenic areas indicated in the LCP or MMC.

C. Environmentally Sensitive Habitat Area Overlay (LIP Chapter 4) As determined by the City Biologist, the LCP ESHA and Marine Resources Map, the subject parcel is in Point Dume and does not contain ESHA. The proposed development is sited on slopes flatter than 4 to 1 consistent with the ESHA requirements. Therefore, the findings of LIP Chapter 4 are not applicable.
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D. Native Tree Protection (LIP Chapter 5)
There are no protected native trees on or adjacent to the subject parcel. Therefore, the findings contained in LIP Chapter 5 are not applicable.

E. Scenic, Visual and Hillside Resource Protection (LIP Chapter 6) The Scenic, Visual and Hillside Resource Protection Chapter governs those coastal development permit applications concerning any parcel of land that is located along, provides views to or is visible from any scenic area, scenic road or public viewing area.

The subject parcel is visible from Paradise Cove Beach, an LCP designated scenic area.

Therefore, the findings set forth in LIP Section 6.4 are enumerated herein.

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

The proposed project will not have adverse impacts on scenic or visual resources. The project has been determined not to require a view corridor due to its location along Zumirez Drive and although visible from a public beach, there will be no impacts to views of the Santa Monica Mountains.

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

The project as conditioned will not have significant adverse scenic or visual impacts. The project has been conditioned to include limitations on lighting and colors of the materials used to prevent any visual impacts to scenic areas.

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

As previously discussed in Section A, Finding 3, the project is the least environmentally damaging feasible alternative.

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

The project, as designed and conditioned, is not expected to adversely affect scenic and visual resources and no feasible alternatives would avoid or substantially lessen any significant adverse impacts on scenic and visual resources.

Finding 5. Development in a specific location on the site may have adverse scenic and visual impacts but will eliminate, minimize or otherwise contribute to conformance to sensitive resource protection policies contained in the certified LCP. 39

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The subject property is visible from Paradise Cove Beach; however, the proposed singlefamily residence will not significantly impact public views of the Pacific Ocean and is not anticipated to block views of the Santa Monica Mountains from the beach. Therefore, the proposed development, as designed, is sited to eliminate, minimize or otherwise contribute to conformance to sensitive resource policies.

F. Transfer of Development Credits (LIP Chapter 7)
The proposed project does not include a land division or multi-family development.

Therefore, the findings of LIP Chapter 7 are not applicable.

G. Hazards (LIP Chapter 9)
Pursuant to LIP Section 9.3, written findings of fact, analysis and conclusions addressing geologic, flood and fire hazards, structural integrity or other potential hazards listed in LIP Section 9.2(A) must be included in support of all approvals, denials or conditional approvals of development located on a site or in an area where it is determined that the proposed amendment has the potential to create adverse impacts upon site stability or structural integrity.

The proposed amendment has been analyzed for the hazards listed in LIP Chapter 9 and has been reviewed and approved for conformance with all relevant policies and regulations of the LCP and MMC by the Planning Department, City Biologist, City Environmental Health Administrator, City geotechnical consultant reviewers, City Public Works Department, WD29 and the LACFD. The required findings are made as follows:

Finding 1. The project, as proposed will neither be subject to nor increase instability of the site or structural integrity from geologic, flood, or fire hazards due to project design, location on the site or other reasons.

Analysis for potential hazards included review of the submitted geotechnical reports prepared by Solid Solis & Geologic Consultants, dated August 4, 2020, January 28, 2021, March 26, 2021, and May 12, 2021. According to the geotechnical reports, the proposed development was determined to not increase instability of the site or structural integrity from a geologic, flood or fire hazards perspective. It has been determined that the project is not located in a hazard zone, except that the project site is located within an extreme fire hazard area. Based on review of the project plans by the City Environmental Health Administrator, City geotechnical consultant reviewers, City Public Works Department and LACFD, these specialists and agencies determined that adverse impacts to the project site related to the proposed development are not expected. The proposed project will neither be subject to nor increase the instability from geologic or fire hazards. In summary, the proposed development is suitable for the intended use provided that the certified 40

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engineering geologist and/or geotechnical engineer’s recommendations and governing agency’s building codes are followed.

All recommendations of the City geotechnical consultant reviewers and City Public Works Department shall be incorporated into the final design and construction, including foundations and grading. Final plans shall be reviewed and approved by the City geotechnical consultant reviewers and City Public Works Department prior to the issuance of a grading permit.

Fire Hazard
The entire city limits of Malibu are within an identified fire hazard zone. The property is currently subject to wildfire, however, the proposed development on the subject property will not increase the site’s susceptibility to wildfire. The scope of work proposed as part of this application is not expected to have an impact on wildfire hazards. The proposed development may actually decrease the site’s susceptibility to wildfire through the use of appropriate building materials during construction.

The City is served by the LACFD, as well as the California Department of Forestry, if needed. In the event of major fires, the County has “mutual aid agreements” with cities and counties throughout the State so that additional personnel and firefighting equipment can augment the LACFD. Conditions of approval have been included in the resolution to require compliance with all LACFD development standards. As such, the proposed project, as designed and conditioned, will not be subject to nor increase the instability of the site or structural integrity involving wildfire hazards.

Finding 2. The project, as conditioned, will not have significant adverse impacts on site stability or structural integrity from geologic, flood or fire hazards due to required project modifications, landscaping or other conditions.

As stated in Finding 1, the project, as designed, conditioned, and approved by the City geotechnical consultant reviewers and City Public Works Department, does not have any significant adverse impacts on the site stability or structural integrity from geologic or fire hazards due to the project design.

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

As previously stated in Section A, the project, as proposed and conditioned, is the least environmentally damaging alternative.

Finding 4. There are no alternatives to development that would avoid or substantially lessen impacts on site stability or structural integrity. 41

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The proposed development has been analyzed for the hazards listed in LIP Chapter 9 by the City Environmental Health Administrator, City geotechnical consultant reviewers, City Public Works Department and LACFD. These specialists and agencies determined that the proposed project does not impact site stability or structural integrity.

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

As previously discussed in Section A, the proposed project, as designed and conditioned, will not have adverse impacts on sensitive resources.

H. Shoreline and Bluff Development (LIP Chapter 10)
LIP Chapter 10 applies to land that is located on or along the shoreline, a coastal bluff or bluff-top fronting the shoreline. The proposed project is not located near the shore or bluff.

Therefore, LIP Chapter 10 findings do not apply.

I. Public Access (LIP Chapter 12)
LIP Section 12.4 requires public access for lateral, bluff-top, and vertical access near the ocean, trails, and recreational access for the following cases:

A. New development on any parcel or location specifically identified in the Land Use Plan or in the LCP zoning districts as appropriate for or containing a historically used or suitable public access trail or pathway.

B. New development between the nearest public roadway and the sea.

C. New development on any site where there is substantial evidence of a public right of access to or along the sea or public tidelands, a blufftop trail or an inland trail acquired through use or a public right of access through legislative authorization.

D. New development on any site where a trail, bluff top access or other recreational access is necessary to mitigate impacts of the development on public access where there is no feasible, less environmentally damaging, project alternative that would avoid impacts to public access.

The project does not meet any of the criteria above. The requirement for public access of LIP Section 12.4 does not apply and further findings are not required.

J. Land Division (LIP Chapter 15)
This project does not include a land division. Therefore, the findings of LIP Chapter 15 are not applicable.
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K. Demolition Permit Findings (MMC Section 17.70.060)
The application requests a demolition permit for the demolition of the existing single-family residence. The MMC requires two findings be made to allow a demolition permit. The findings are made herein.

Finding 1. The demolition permit is conditioned to assure that it will be conducted in a manner that will not create significant adverse environmental impacts.

Several conditions are included in the resolution pertaining to safe demolition and construction practices required for this project. Among these include using City authorized waste haulers, use of quality building materials and licensed professionals. Regular inspections from the Building Safety Division will take place throughout the demolition and construction of this project so that the City can ensure the conditions are being met.

Finding 2. A development plan has been approved or the requirement waived by the city. (Ord. 86 § 3, 1993; prior code § 9505)
The demolition and construction activities are dependent on the approval of this project.

The final demolition and construction plans will be reviewed by City staff in the building plan check process, if approval is given. All City departments must approve the final plans before building permits can be issued.

CORRESPONDENCE: Staff received correspondence as described in the “Project Overview” section above. All correspondence is included as Attachment 4.

PUBLIC NOTICE: Staff published a Notice of Public Hearing in a newspaper of general circulation within the City of Malibu on January 26, 2023, and mailed the notice to property owners and occupants within a 500-foot radius of the subject property (Attachment 8).

SUMMARY: The required findings can be made that the project complies with the LCP.

Further, the Planning Department’s findings of fact are supported by substantial evidence in the record. Based on the analysis contained in this report and the accompanying resolution, staff recommends approval of this project subject to the conditions of approval contained in Section 5 (Conditions of Approval) of Planning Commission Resolution No. 43

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23-11. The project has been reviewed and conditionally approved for conformance with the LCP by Planning Department staff and appropriate City and County departments.

ATTACHMENTS:

1. Planning Commission Resolution No. 23-11

2. Project Plans

3. Department Review Sheets

4. Public Correspondence

5. Applicant’s View Corridor Exhibit

6. PVD No. 12-119

7. PVD No. 23-001

8. Public Hearing Notice
44 ATTACHMENT 1

CITY OF MALIBU PLANNING COMMISSION
RESOLUTION NO. 23-11

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

MALIBU, DETERMINING THE PROJECT IS CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND
APPROVING COASTAL DEVELOPMENT PERMIT NO. 20-068 AND
DEMOLITION PERMIT 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 AND ASSOCIATED DEVELOPMENT; INCLUDING
SITE PLAN REVIEW NO. 21-009 FOR CONSTRUCTION UP TO 24 FEET IN

HEIGHT FOR A FLAT ROOF, LOCATED IN THE RURAL RESIDENTIAL, ONE-ACRE ZONING DISTRICT AT 6734 ZUMIREZ DRIVE (IBN

PROPERTIES, LLC)
The Planning Commission of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

The application was routed to the City Biologist, City Environmental Health Administrator, City geotechnical consultant reviewers, City Public Works Department, Waterworks District No. 29 (WD29) and Los Angeles County Fire Department (LACFD) for review.

B. On April 15, 2021, Site Plan Review (SPR) No. 21-009 was added to the project for proposed construction over 18 feet in height.

C. On June 29, 2022, the applicant posted a Notice of CDP Application on the subject property and staff deemed the CDP application complete for processing.

E. On August 1, 2022, the Planning Commission continued the item to a date uncertain for staff to investigate potential view concerns from the neighbors.

G. On February 21, 2023, the Planning Commission granted a request for continuance from the applicant and continued the item to the March 6, 2023 Planning Commission Meeting.

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SECTION 2. Environmental Review.

Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), the Planning Commission has analyzed the proposed project. The Planning Commission has found that this project is listed among the classes of projects that have been determined not to have a significant adverse effect on the environment. Therefore, the project is categorically exempt from the provisions of CEQA according to CEQA Guidelines Sections 15303 (a) and (e) – New Construction. The Planning Commission has further determined that none of the six exceptions to the use of a categorical exemption applies to this project (CEQA Guidelines Section 15300.2).

SECTION 3. Coastal Development Permit Findings.

Based on substantial evidence contained within the record and pursuant to Local Coastal Program (LCP) Local Implementation Plan (LIP) Sections 13.7(B) and 13.9 and Malibu Municipal Code (MMC) Chapter 17.70, the Planning Commission adopts and approves the analysis in the agenda report, incorporated herein, the findings of fact below, and approves CDP No. 20-068 and 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 SPR No. 21- 009 for construction up to 24 feet in height for a flat roof, located in the Rural Residential OneAcre (RR-1) zoning district at 6734 Zumirez Drive.

The project is consistent with the LCP’s zoning, grading, cultural resources, water quality, and wastewater treatment requirements. With the inclusion of the proposed SPR the project, as conditioned, has been determined to be consistent with all applicable LCP codes, standards, goals, and policies. The required findings are made herein.

A. General Coastal Development Permit (LIP Chapter 13)

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______________________

3. The proposed project meets the development policies of the LCP and MMC, with the inclusion of the SPR and has been determined to be the least environmentally damaging alternative.

1. The project has been reviewed for conformance with all relevant policies and provisions of the LCP. Based on submitted reports, visual impact analysis, and a detailed site investigation, the project is consistent with all policies and provisions of the LCP and MMC.

4. The proposed project will comply with all applicable requirements of State and local law and is conditioned to comply with any relevant approvals, permits and licenses from the City of Malibu and other related agencies.

5. The proposed project is consistent with the LCP in that the property is located in an area that has been identified and zoned for residential use. The proposed project is consistent with the LCP in that it conforms to the residential land use designation and all applicable development standards.

6. The proposed development will not significantly obstruct visually impressive scenes from private property.

C. Scenic, Visual and Hillside Resource Protection (LIP Chapter 6)

1. The proposed project will not have adverse impacts on scenic or visual resources.

The project has been determined not to require a view corridor due to its location along Zumirez Drive and although visible from a public beach, there will be no impacts to views of the Santa Monica Mountains.

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______________________

2. The project as conditioned will not have significant adverse scenic or visual impacts. The project has been conditioned to include limitations on lighting and colors of the materials used to prevent any visual impacts to scenic areas.

3. The project is the least environmentally damaging feasible alternative.

5. The subject property is visible from Paradise Cove Beach; however, the proposed single-family residence will not significantly impact public views of the Pacific Ocean and is not anticipated to block views of the Santa Monica Mountains from the beach. Therefore, the proposed development, as designed, is sited to eliminate, minimize or otherwise contribute to conformance to sensitive resource policies.

D. Hazards (LIP Chapter 9)

1. The project will neither be subject to nor increase the instability of the site from geologic, flood, or fire hazards. The proposed development is suitable for the intended use provided that the certified engineering geologist and/or geotechnical engineer’s recommendations and governing agency’s building codes are followed.

2. The project, as designed, conditioned, and approved by the City geotechnical consultant reviewers and the City Public Works Department, does not have any significant adverse impacts on the site stability or structural integrity from geologic or fire hazards due to the project design.

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

5. The proposed project, as designed and conditioned, will not have adverse impacts on sensitive resources.

E. Demolition Permit Findings (MMC Section 17.70.060)
DP No. 20-028 from the development standards contained in MMC Section 17.70.060 will allow for the existing single-family home to be demolished.

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______________________

SECTION 4. Planning Commission Action.

Based on the foregoing findings and evidence contained within the record, the Planning Commission hereby approves CDP No. 20-068, SPR No. 21-009, and DP No. 20-028, subject to the following conditions.

SECTION 5. Conditions of Approval.

2. Approval of this application is to allow for the project described herein. The scope of work approved includes:

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______________________
Discretionary Request
p. SPR No. 21-009 for construction up to 24 feet in height to allow for a flat roof.

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

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11. The property owner must submit payment for all outstanding fees payable to the City prior to issuance of any building permit, including grading or demolition.

12. The property owner shall comply with all provisions of the MMC and LIP.

Cultural Resources

Lighting

16. Night lighting for sports courts or other private recreational facilities shall be prohibited.

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______________________

19. String lights are allowed in occupied dining and entertainment areas only and must not exceed 3,000 Kelvin.

20. Motion sensor lights shall be programmed to extinguish ten minutes after activation.

21. Three violations of the conditions by the same property owner will result in a requirement to permanently remove the outdoor light fixture(s) from the site.

22. Up-lighting of landscaping is prohibited.

Fencing/Walls/Screening

23. Any above-ground equipment shall be screened from view by a solid wall or fence on all four sides. The fence or walls shall comply with LIP Section 3.5.3(A).

25. The height of fences and walls shall comply with LIP Section 3.5.3(A). No retaining wall shall exceed six feet in height or 12 feet in height for a combination of two or more walls.

Demolition/Solid Waste

27. Prior to demolition activities, the applicant shall receive Planning Department approval for compliance with conditions of approval.

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31. No demolition permit shall be issued until building permits are approved for issuance.

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

Construction / Framing

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

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______________________
d. Filter fences designed to intercept and detain sediment while decreasing the velocity of runoff shall be employed within the project site.

Waste Management

Biology/Landscaping

44. Pursuant to LIP Section 4.6.1(A), new development shall be designed and constructed to avoid encroachments on slopes of 25 percent (4:1) grade or steeper, including fencing.

46. Prior to installation of any landscaping, the applicant shall obtain plumbing permit for the proposed irrigation system from the Building Safety Division.

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______________________

48. Prior to final plan check approval, provide landscape water use approval from WD29.

49. Invasive plant species, as determined by the City of Malibu, are prohibited.

51. Vegetation shall be situated on the property so as not to significantly obstruct the primary view from private property at any given time (given consideration of its future growth).

52. No non-native plant species shall be approved greater than 50 feet from the residential structure.

54. The landscape plan shall prohibit the use of building materials treated with toxic compounds such as creosote or copper arsenate.

Fire Department/Fuel Modification

56. The project shall receive LACFD approval of a Final Fuel Modification Plan prior to the issuance of final building permits.

57. The project is required to have an interior automatic sprinkler system.

Public Works

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Malibu City CouncilOctober 23, 2023

Malibu City Council
October 23, 2023