Agenda packet, second session — Malibu City Council, February 26, 2024 (part 2 of 2)

Agenda Item # 3.B.9.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Steve McClary, City Manager
Date prepared: February 9, 2024 Meeting date: February 26, 2024 Subject: Resolution Extending the Declaration of the Existence of a Local Emergency Regarding Conditions on Pacific Coast Highway (PCH) RECOMMENDED ACTION: Adopt Resolution No. 24-08 extending the declaration of the existence of a local emergency related to the increase of reckless and illegal driving on pacific coast highway and directing staff to coordinate efforts with other governmental agencies to increase attention and create programs to reduce the risk and danger associated with pacific coast highway in the City.

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: On November 13, 2023, the Council adopted Resolution No. 23-52 declaring the existence of a local emergency in response to increasing reckless and illegal driving on PCH. The Council last reviewed and extended this declaration on January 8, 2024.

The California Emergency Service Act allows the City to proclaim a local state of emergency when needed to protect the public safety in dire circumstances. The status and use of Pacific Coast Highway (“PCH”) currently constitutes a condition, or threatened condition, of extreme peril to the safety of persons and property within the City of Malibu. PCH is the City’s main thoroughfare and each day serves as a commuting route, a residential street, a business corridor, and for persons accessing beaches and other local recreation amenities, a pathway used by pedestrians and cyclists. PCH is a California State Highway (State Route 1) that is managed and maintained by the California Department of Transportation (“Caltrans”) with a posted City Council Meeting
02-26-24
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3.B.9.
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Agenda Item # 3.B.9.
speed limit ranging between 45-55 miles per hour in the City. Excessive speeding, reckless driving, unsafe U-turns, and distracted driving caused by cell phone use and other distractions have resulted in increased collisions with other motorists, cyclists and pedestrians on PCH that have resulted in injury and death.

According to data from the Statewide Integrated Traffic Records System obtained through UC Berkley’s Transportation Injury mapping system, between 2018 and 2022 there were 22 deadly crashes on PCH in the City, resulting in the death of 23 people.

Data from the California Highway Patrol indicates that there have been 49 fatalities along PCH in Malibu from 2012-22. And finally, the Los Angeles Times has reported that there have been 170 combined deaths and serious injuries to drivers, passengers, cyclists and pedestrians between 2011 and 2023 along PCH in the City. Further, countless other close calls or near misses from the danger posed by the conduct on PCH are impossible to quantify. Most recently, a crash occurred on PCH resulting in the tragic and unnecessary loss of four Pepperdine University students who were walking along PCH.

According to authorities, the driver of the car was allegedly traveling at a speed in excess of 100 miles per hour when his vehicle lost control, sideswiped at least three parked cars and then crashed into a group of people including the four Pepperdine University students and two others.

These statistics and most recent tragedy are all consistent with the day-to-day experience of City residents, visitors, officials, and staff. PCH has become increasingly dangerous to residents and visitors due to the common occurrence of drivers speeding, driving recklessly, or driving while distracted. Residents and visitors are now forced to weigh and modify their use of PCH depending on the time of day and other factors (e.g., weather, weekend vs. weekday, existing traffic conditions, etc.) because of the danger posed. Despite efforts by the City and other governmental agencies to improve the safety of PCH, the point has been reach that the risk is just too great. The status quo is no longer acceptable and action must be taken to mitigate this local emergency.

PCH is a State Highway managed and controlled by Caltrans. Sections 83 and 90 of the Street and Highways Code state that Caltrans has jurisdiction, possession, control and responsibility for the maintenance of State Highways. Further sections of the Streets and Highways Code make clear that Caltrans is the entity with decision-making power over PCH in the City, including improvements, safety elements and speed limits. Further, Streets and Highway Code section 124 states that it is Caltrans, not the City, that can restrict the use of, or close, a State Highway for the protection of the public. Law enforcement agencies such as the Los Angeles County Sheriff’s Department (LASD) and the California Highway Patrol have enforcement jurisdiction over PCH for Vehicle Code violations and other code violations.

Safety on PCH is a problem that the City cannot address and fix alone, and will need to work with Caltrans to make changes to PCH itself. The City can also work through the LASD to address vehicle code violations and related enforcement action given its 2

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Agenda Item # 3.B.9.
enforcement jurisdiction over PCH. To effectively effect change, the City must coordinate and work together with its other governmental partners to implement strategies and solutions to reduce the danger on PCH for all users.

California Government Code Section 8630 empowers the City Council to proclaim the existence of a Local Emergency when there is extreme peril to the safety of persons and property within the territorial limits of the City. Additionally, California Government Code section 8634 empowers the City Council to promulgate orders and regulations necessary to provide for the protection of life and property during the time of a Local Emergency.

These statutes codify the constitutional “police powers” of local governments to adopt local legislation designed to protect the health, safety, and welfare of the community.

Further, the City’s Municipal Code (Chapter 2.52) establishes the City’s disaster council and policies and procedures for dealing with a local emergency. The City’s purchasing ordinance (Chapter 2.56) allows for greater flexibility when making purchases for supplies or services in response to a local emergency. Thus, a declaration of local emergency provides the City greater flexibility to act expediently when trying to address and mitigate the danger posed by the local emergency. It may also aid in coordination with other governmental entities and allow the City access to other resources.

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

As such, City staff recommends adopting Resolution No. 24-08 extending the declaration of the existence of a local emergency. If adopted, the City Council will review, and as needed renew, this action at least every 60 days.

ENVIRONMENTAL REVIEW:

This resolution and the actions taken and/or proposed herein are not a project pursuant to the California Environmental Quality Act (CEQA) since they are activities that are excluded from the definition of a project by section 21065 of the California Public Resources Code and section 15378(b) of the State CEQA Guidelines. The proposed actions are organizational or administrative activities of government which will not result in direct or indirect physical changes in the environment. These actions are also exempt from CEQA as specific actions necessary to prevent or mitigate an emergency pursuant to section 21080(b)(4) and section 15269(c) of the State CEQA Guidelines. They also are exempt under CEQA Guidelines Section 15301 – existing facilities. Coordinating and improving infrastructure and safety as well as education and enforcement efforts for safer driving and use of PCH are all exempt activities. Further, to the extent there are minor/temporary uses of land having a negligible or no permanent effect on the environment, these activities are exempt under Section 15304(e) of the CEQA Guidelines.
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Agenda Item # 3.B.9.

ATTACHMENTS:

Resolution No. 24-08
4 Attachment #1
RESOLUTION NO. 24-08

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

EXTENDING THE DECLARATION OF THE EXISTENCE OF A LOCAL

EMERGENCY RELATED TO THE INCREASE OF RECKLESS AND

ILLEGAL DRIVING ON PACIFIC COAST HIGHWAY AND DIRECTING

STAFF TO COORDINATE EFFORTS WITH OTHER GOVERNMENTAL

AGENCIES TO INCREASE ATTENTION AND CREATE PROGRAMS TO

REDUCE THE RISK AND DANGER ASSOCIATED WITH PACIFIC COAST

HIGHWAY IN THE CITY
The City Council of the City of Malibu does hereby find, order, and resolve as follows:

SECTION 1. Recitals.

A. Condition or threatened conditions of extreme peril to the safety of persons and property have arisen within the City of Malibu caused by the increase in reckless and illegal driving on Pacific Coast Highway (“PCH”) in the City. This reckless and illegal driving has led to increased collisions with other motorists, cyclists and pedestrians, resulting in injury and death.

B. According to data from the Statewide Integrated Traffic Records System obtained through UC Berkley’s Transportation Injury mapping System, between 2018 and 2022 there were 22 deadly crashes on PCH in the City, resulting in the death of 23 people. According to data from the California Highway Patrol, there have been 49 fatalities along PCH through Malibu from 2012-22. According to the Los Angeles Times there have been 170 deaths and serious injuries to drivers, passengers, cyclists and pedestrians between 2011 and 2023.

C. On October 17, 2023, a crash occurred in the 21500 block of PCH resulting in the tragic loss of four Pepperdine University Students who were walking along the road. According to authorities, the driver of the car was traveling at a speed in excess of 100 miles per hour when he lost control, sideswiped at least three parked cars and then crashed into a group of people including the four Pepperdine University Students and two others.

D. PCH is a California State Highway managed and maintained by the California Department of Transportation (“Caltrans”). The posted speed limit along PCH in the City ranges between 45-55 miles per hour.

E. PCH is the City’s main thoroughfare and serves as a commuting route, a residential street and business corridor in the City.

F. City officials, City staff and City residents are tragically aware that PCH has become increasingly dangerous to residents, visitors and commuters, with drivers regularly exceeding the posted speed limits or driving recklessly or distracted which 5 Resolution No. 24-08

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_____________________
has resulted in not only the killing and maiming of pedestrians, cyclists and other motorists, but a collective fear and trauma about the risks posed by accessing PCH.

G. Despite efforts by the City and other governmental agencies to improve the safety of PCH, PCH continues to pose a threat to those who drive, walk and/or cycle along it.

H. California Government Code Section 8630 empowers the City Council to proclaim the existence of a Local Emergency when there is extreme peril to the safety of persons and property within the territorial limits of the City. Additionally, California Government Code Section 8634 empowers the City Council to promulgate orders and regulations necessary to provide for the protection of life and property during the time of a Local Emergency. These statutes codify the constitutional “police powers” of local governments to adopt local legislation designed to protect the health, safety, and welfare of the community.

SECTION 2. It is hereby proclaimed that:

A. The above recitals are true and correct.

B. The increase in dangerous, illegal, reckless and/or distracted driving on PCH in the City currently poses extreme peril to persons and property in Malibu. As such, the City Council finds that the declaration of local emergency remains valid and necessary, and will remain in effect until the extreme danger has subsided.

C. To reduce and prevent the risks associated with dangers posed on PCH, City staff are directed to coordinate with Caltrans, the Los Angeles County Sheriff, the California Highway Patrol, and other entities and government agencies to implement programs, increase enforcement of existing laws and/or develop solutions to reduce the danger on PCH to pedestrians, cyclists and other motorists from dangerous, illegal, reckless and/or distracted driving on PCH.

D. The City Director of Emergency Services, or designee, is directed and authorized to address any and all impacts and conditions caused by the emergency and to obtain any and all aid and assistance from local, county, state, or federal agencies, including but not limited to aid and assistance pursuant to the California Disaster Assistance Act, California Government Code Section 8690 et. seq.

E. The City Manager, as the Purchasing Officer of the City pursuant to Malibu Municipal Code Section 2.56.040 (B) is authorized to make purchases of supplies or services exceeding twenty-five thousand dollars ($25,000.00) in compliance with Malibu Municipal Code, Chapter 2.56.

F. City staff are directed to report back to the City Council regarding programs and strategies proposed or implemented to mitigate the risk associated with this local emergency.
6 Resolution No. 24-08

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

SECTION 4. This resolution and the actions taken and/or proposed herein are not a project pursuant to the California Environmental Quality Act (CEQA) since they are activities that are excluded from the definition of a project by section 21065 of the California Public Resources Code and section 15378(b) of the State CEQA Guidelines. The proposed actions are organizational or administrative activities of government which will not result in direct or indirect physical changes in the environment. In the alternative, find that the actions are exempt from CEQA as specific actions necessary to prevent or mitigate an emergency pursuant to section 21080(b)(4) and section 15269(c) of the State CEQA Guidelines.

SECTION 5. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED, and ADOPTED this __th day of ____ 2024. _____________________________
STEVE UHRING, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
7 To: Mayor Uhring and the Honorable Members of the City Council From: Ruth F. Quinto, CPA, City Treasurer
Subject: Investment Report for the Month Ending January 31, 2024 RECOMMENDED ACTION: Receive the Investment Report for the month ending January 31, 2024.

The portfolio is in compliance with the City’s Investment Policy. The City has sufficient liquidity to meet expenditure requirements for at least six months. This monthly Investment Report is in conformance with Government Code 53636, stating the Treasurer may render a quarterly report to the legislative body within 45 days following the end of the quarter covered by the report.

The City’s portfolio is invested in the following categories:

Cash and Cash Equivalents 21.34%
U.S. Treasury 69.70%
U.S. Agencies 0.00%
Certificates of Deposit 8.96%
Investments month to month:

Investment
Issuer/Instrument Type
December 31, 2023 January 31, 2024
Amount
(in millions) Yield(A) %
Amount
(in millions) Yield(A) %
Operating Cash Cash $12.00 4.68% 11.58% $16.38 4.68% 15.12% LAIF Cash $ 2.14 3.96% 2.07% $ 2.17 4.03% 2.00%
CDs Investment $ 9.43 4.63% 9.09% $ 9.71 4.62% 8.96%
Treasury Bills Investment $ 0.00 0.00% 0.00% $ 0.00 0.00% 0.00% Treasury Notes Investment $75.13 4.41% 72.48% $75.28 4.41% 69.70% Treasury STRIPS Investment $ 0.00 0.00% 0.00% $ 0.25 4.21% 0.23% Money Market Cash $ 4.96 5.20% 4.78% $4.57 5.39% 4.22%
Blended Yield 4.49% 4.50%
Total Duration(Years) 1.11 1.00
(A)Yield is based on Purchase Yield for Treasury Bills
2-Year U.S. Treasury Note Benchmark, as of January 31, 2024: 4.27% The fair market value of all investments held by the City is $108,362,184 as of January 31, 2024.

ATTACHMENTS:

1. City of Malibu Portfolio Statement

2. City of Malibu Investment Portfolio Report
City Council Meeting
2-26-24
Item

3.B.10.
1 Attachment #1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 Attachment #2
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 52
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Agenda Item # 3.B.11.

RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 2 to Agreement with Civic Solutions, Inc. (“Consultant”) for planning contract services to extend the term of the agreement, amend the schedule of fees, and to increase the total compensation.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement is included in the Adopted Budget for FY 2023-24 in Account No. 101-2001-5100-00 (Planning - Professional Services).

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

DISCUSSION: The Planning Department utilizes contract planners to augment staffing levels to aid in the processing of current planning development applications and longrange planning efforts. As a result of a Request for Proposal (RFP) process for planning contract services, in October 2021, the City entered into an agreement with the Consultant. In September 2023, the City approved Amendment No. 1 to increase the compensation by $60,000, bringing the total to $420,000.

In the last two years, the Consultant has provided highly qualified contract planners who have assisted with numerous Caltrans and City capital improvement projects, residential current planning applications, and complex private infrastructure applications.

City Council Meeting
02-26-24
Item

3.B.11.
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Agenda Item # 3.B.11.

However, since the beginning of the fiscal year, the Consultant has only provided one Senior Planner. The previous contract planners have either retired or sought full-time employment with other agencies. Recently, the Consultant has obtained a Principal Planner level for the City. As such, the Consultant is requesting to amend the schedule of fees to be up to par with other consulting firms.

The agreement is set to expire on February 28, 2024 and staff is requesting to extend the term of the agreement to December 28, 2024 to maintain services until staff issues the Request for Proposals for contract planning services in Summer 2024. In addition, staff is recommending to amend the schedule of fees and that the compensation be increased by $200,000, bringing the total compensation to $620,000.

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

ATTACHMENTS: Amendment No. 2 to Agreement with Civic Solutions, Inc. 2 AMENDMENT NO. 2 TO AGREEMENT
THIS AMENDMENT NO. 2 TO AGREEMENT is made and entered in the City of Malibu on February 26, 2024, by and between the CITY OF MALIBU, hereinafter referred to as City, and Civic Solutions, Inc., hereinafter referred to as Consultant.

The City and the Consultant agree as follows:

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

B. On August 14, 2023, the City Council executed Amendment No. 1 to Agreement to increase the compensation by $60,000, bringing the total to $420,000.

C. The City desires to amend the Agreement to extend the term of the agreement, to amend the schedule of fees, and to increase the compensation by $200,000, and Consultant has submitted a proposal for this purpose that is acceptable to the City.

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

1. Section 2.0 – Term of Agreement, is hereby extended to December 28, 2024, unless otherwise terminated or extended as provided in the Agreement.

2. Section 4.0 – Compensation for Services, of the Agreement, is hereby amended to increase from $420,000 to a not to exceed amount of $620,000, and the schedule of fees is hereby amended as set forth in Exhibit B attached hereto.

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

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

This Agreement is executed on ______________________, at Malibu, California, and effective as of February 26, 2024.

CITY OF MALIBU:
____________________________________
STEVE UHRING, Mayor
ATTEST:
____________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
Attachment #1
3 Amendment No. 2 to Agreement
Civic Solutions, Inc

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255-2
APPROVED AS TO FORM: CONSULTANT:
_____________________________________ ____________________________________ TREVOR RUSIN, Interim City Attorney By: THOMAS G. MERRELL Title: President
4 Contract Planning Services
City of Malibu

FEE SCHEDULE

POSITION HOURLY RATES
PRINCIPAL-IN-CHARGE $210
PROJECT MANAGER $180
PRINCIPAL PLANNER $170
SENIOR PLANNER $155
ASSOCIATE PLANNER $140
These rates shall be effective February 26, 2024 through December 31, 2024 The above hourly rates apply only to authorized services provided under the scope and contract, and do not apply to contract administration activities such as invoicing, contract performance discussions, etc. Work performed on a time and material basis will be billed monthly, and will be due in accordance with the terms of the contract.

REIMBURSABLE EXPENSES
• Reproductions of plans
• Large duplication or document publishing projects
• Specialized graphic projects
• Messenger and overnight deliveries
When the above fee schedule is made part of an on-call contract, fees are subject to annual review and adjustments, unless otherwise specified in the consulting services agreement.

CONTACT INFORMATION
Corporate Name Civic Solutions, Inc.

Corporate Office 27362 Calle Arroyo, San Juan Capistrano, CA 92675 Phone (949) 489-1442
Web Address www.civicsolutions.com
Federal Tax ID 33-0689860
President Thomas G. Merrell
Senior Vice President George R. Buell
1/24 EXHIBIT B
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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: Patricia Salazar, Development and Operations Manager Reviewed by: Richard Mollica, Planning Director
Approved by: Steve McClary, City Manager
Date prepared: February 13, 2024 Meeting date: February 26, 2024 Subject: Report on Planning Clearances Issued for Formula Retail Businesses within Cross Creek Ranch Shopping Center (Location: 23465 Civic Center Way) pursuant to Settlement Agreement between City of Malibu and Cross Creek Ranch Malibu, LLC
RECOMMENDED ACTION: Receive and file the Planning Director’s report on planning clearances issued for formula retail businesses Kith, Kith Treats, Le Labo, Ray-Ban, and Pura Vida Miami to the City Council, pursuant to the Settlement Agreement between the City of Malibu and Cross Creek Ranch Malibu, LLC (Attachment 1).

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: The agenda item is for informational and reporting purposes only.

The Cross Creek Ranch shopping center (“Cross Creek Ranch” formerly known as La Paz Ranch) was developed pursuant to a development agreement that provided a number of benefits to the City including (1) conveyance of Parcl C, 2.3 acres to the City, (2) a $500,000 payment to the City, (3) a pedestrian and bike path through the project connecting to Civic Center Way, and (4) dedication of a trail segment fronting Civic Center Way, in exchange for which the project was entitled to be developed in conformance with the laws as they existed at the time the development agreement was approved by the City Council Meeting
02-26-24
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3.B.12.

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Agenda Item # 3.B.12.

California Coastal Commission on March 10, 2010.
1 As the City’s formula retail ordinance
was not adopted at the time the development agreement was approved, the project was not subject to its limitations. After the development agreement expires, the project becomes subject to all current provisions of the Malibu Municipal Code (MMC) and Local Coastal Program, including the formula retail provisions of the MMC. The City and the owner of the property disagreed about the expiration date of the development agreement due to differing opinions about the extent to which the development agreement required the expiration date to be extended due to delays allegedly caused by Caltrans and others.

To resolve this dispute, effective August 14, 2023, Cross Creek Ranch Malibu, LLC (CCRM) and the City of Malibu (City) entered into a Settlement Agreement which established that the development agreement expires on August 24, 2024, and also (1) provided for the payment to the City of $290,000, (2) the provision of up to $100,000 planning and design services, should the City so choose, related to potential future development of Parcel C, (3) agreement to allow the City to locate up to half of the required parking for the City’s future use of Parcel C on the Cross Creek Ranch property at no cost to the City, and (4) the substantial expansion of uses allowed on Parcel C (the development agreement and significantly constrained the uses allowed on Parcel C).

Under the Settlement Agreement, Cross Creek Ranch is to be subject to the City’s Formula Retail Ordinance—except that Cross Creek Ranch may open additional formula retail establishments beyond those allowed under the Formula Retail Ordinance if, among other requirements: (1) they submit the application before August 14, 2024, (2) the proposed tenant does not have 10 or more locations in the counties of Los Angeles, Orange and Ventura, (3) the proposed location does not exceed 4,000 sq ft (except up to 3 locations may be sized at 5,000 sq ft or less), and (4) the proposed location will not cause more than 60% of the ground floor to constitute non-exempt formula retail businesses, (5) the proposed location will not cause more than 20% of the gross floor area of the shopping center to constitute non-exempt formula retail that has not obtained a formula retail clearance under the City’s Formula Retail Ordinance.

Settlement Agreement Section 2 provides as follows regarding the additional formula retail locations allowed during the Additional Tolling Term (which expires on August 14, 2024):
a. In addition to the 30 percent formula retail uses allowed under Malibu Municipal Code (“MMC”) section 17.61.030.B(2)(a), during the Additional Tolling Term CCRM may lease to non-exempt formula retail tenants for up to an additional 20 percent of the shopping center’s total gross floor area, excluding the floor area occupied by exempt formula retail defined in Section

17.61.020.A(1)-(8); which tenants may then continue to operate indefinitely like non-exempt formula retail tenants that existed prior to the City’s adoption of the Formula Retail Ordinance so long as those tenants remain, but shall 1 The Development Agreement was approved by the City Council on November 24, 2008 and was subject to approval by the California Coastal Commission. Documents related to the La Paz Ranch project approvals are available at malibucity.org/crosscreekranch.

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Agenda Item # 3.B.12.
only be replaced by other non-exempt formula retail tenants if doing so complies with the Formula Retail Ordinance as it exists at the time such replacement occurs.
(1) To avoid doubt, this means that there will be two different types of non-exempt formula retail uses: (i) the standard 30% type that is provided by the Formula Retail Ordinance, and separately (ii) a 20% compromise type that may be secured only during the Additional Tolling Term and has more restrictions than the first type. These two types of non-exempt formula retail tenants will be entirely separate and shall remain distinct so one does not affect the other. For the second type, the Parties agree that submittal of a tenant’s application for a Planning Clearance during the Additional Tolling Period shall allow that tenant to open and operate as detailed herein. To ensure clarity, CCRM shall designate which type of tenant each non-exempt formula retail tenant is upon the submittal of each Planning Clearance Application for a nonexempt formula retail tenant. The Planning Director will review the 20% compromise type for compliance with this Agreement, which shall be reported to the City Council and City Attorney (whereas the standard 30% type shall be reported to the Planning Commission pursuant to MMC section 17.61.030(C)). For the standard 30% type, CCRM waives any claim of exemption from the requirements of the Formula Retail Ordinance except as stated in (b) and (c) of this Section regarding percent of the ground floor that may be occupied, and the provision for three non-exempt formula retail clients to occupy a 5,000 square foot space.
(2) To avoid a sense of sameness and familiarity that the Formula Retail Ordinance seeks to prevent, the non-exempt formula retail tenants in this additional 20 percent of the center shall be restricted to tenants that do not have ten or more stores anywhere in the counties of Los Angeles, Ventura, and Orange.
b. Notwithstanding MMC section 17.61.030.B(2)(b), during the Additional Tolling Term Cross Creek Ranch may lease to non-exempt formula retail tenants that cumulatively occupy up to 60 percent of the ground floor spaces (compared to 40 percent in the Formula Retail Ordinance), which tenants may then continue to operate indefinitely like non-exempt formula retail tenants that existed prior to the adoption of the Formula Retail Ordinance but shall only be replaced if doing so complies with the Formula Retail Ordinance as it exists at the time such replacement occurs.
c. Notwithstanding MMC section 17.61.030.B(1), during the Additional Tolling Term Cross Creek Ranch may lease to up to three non-exempt formula retail tenants that occupy up to 5,000 square feet (compared to 4,000

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Agenda Item # 3.B.12.
square feet in the Formula Retail Ordinance), which tenants may then continue to operate like non-exempt formula retail tenants that existed prior to the adoption of the Formula Retail Ordinance but shall only be replaced if doing so complies with the Formula Retail Ordinance as it exists at the time such replacement occurs.

Cross Creek Ranch Shopping Center
The Cross Creek Ranch shopping center is comprised of 10 buildings constituting both one- and two-stories, and over 37 units, totaling 111,489 square feet of total gross floor area (GFA). 2 As of January 30, 2024, 11 leases have been signed. These 11 leases are a combination of exempt and non-exempt formula retail tenants. The attached Cross Creek Ranch Formula Retail Matrix, dated January 30, 2024, contains a complete list of unit spaces, buildings, tenants, and square footage leased by CCRM.

Table 1
Total Gross Floor Area of Shopping Center
1st floor 90,303 sq ft
2nd floor 21,186 sq ft
Total 111,489 sq ft
The Settlement Agreement states that during the “Additional Tolling Term CCRM may lease to non-exempt formula retail tenants for up to an additional 20 percent of the shopping center’s total gross floor area, excluding the floor area occupied by exempt formula retail defined in Section 17.61.020.A(1)-(8)…”3 At this time, CCRM has not leased any space to an exempt tenant. CCRM has leases for the subject formula retail establishments and non-formula retail (e.g. less than 10 locations worldwide). As such, the gross floor area for the 20% type is the full gross floor area of the shopping center, 111,489 square feet. See Table 2.
2 Gross floor area (GFA) means the sum of the gross horizontal areas of the several floors of the building measured from the interior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, vehicular maneuvering areas, or any space where the floor-to-ceiling height is less than six feet. 3 Establishments exempt from the Formula Retail Ordinance include the following: 1) grocery, 2) drug stores/pharmacies, 3) gas stations, 4) banks and financial services, 5) real estate offices, 6) movie theatres, 7) post services offices, and 8) medical establishments.

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Agenda Item # 3.B.12.

Table 2
Gross Floor Area – Excluding Exempt Tenants
Total GFA 111,489 sq ft
Exempt Tenants - 0 sq ft
111,489 sq ft
As demonstrated in Table 3, pursuant to the Settlement Agreement, CCRM is allowed up to 22,297.80 square feet GFA for non-exempt formula retail tenant to be processed under the 20% type. In addition, CCRM is allowed up to an additional 34,446.70 square feet for non-exempt formula retail tenants if such tenants obtain a formula retail clearance pursuant to the Formula Retail Ordinance (which is reported to the Planning Commission pursuant to MMC Section 17.61.030(B)(2)).

Table 3
Gross Floor Area – Allowed Non-Exempt Formula retail
20% Compromise 111,489 x .20 = 22,297.80 sq ft
30% Standard 111,489 x .30 = 34,446.70 sq ft
Ground Floor Area
In addition to limiting the total gross floor area for non-exempt formula retail tenants during the Additional Tolling Period, the Settlement Agreement provides that non-exempt formula retail tenants under the Settlement Agreement may occupy up to 60% of the ground floor space, excluding the floor area occupied by exempt formula retail defined in MMC Section

17.61.020.A(1)-(8).

Pursuant to Table 1 (Gross Floor Area), the total ground floor area is 90,303 square feet.

Again, since CCRM has not leased space to an exempt establishment, no amount of this square footage is excluded (see Table 4). As such, under the Settlement Agreement, nonexempt formula retail tenants may occupy 54,181.80 square feet of the ground floor area (see Table 5).

Table 4
Ground Floor Area– Excluding Exempt Tenants
Total Ground Foor Area 90,303 sq ft
Exempt Tenants - 0 sq ft
90,303 sq ft
Table 5
Ground Floor Area – Allowed Non-Exempt Formula retail
Additional Tolling Period 90,303 x .60 = 54,181.80 sq ft

Page 6 of 7 ends

Agenda Item # 3.B.12.

Approved Non-Exempt Formula Retail Tenants
CCRM has requested that the following non-exempt formula retail tenants be processed as 20% type establishments. Table 6 below lists each tenant, its building/unit location plus the square feet per tenant. The proposed tenants also individually have less than 10 or more locations within the counties of Los Angeles, Orange, and Ventura. *PC = Planning Clearance
The total area proposed for non-exempt formula retail tenants under the 20% type provided for by the Settlement Agreement at this time is 9,728 square feet, which is less than the 22,297.80 square feet of gross floor area allowed and less than the 54,181.80 square feet of ground floor area permitted. Lastly, none of the proposed tenants will occupy more than 5,000 square feet.

PUBLIC NOTICE: The item was posted on February 26, 2024 Regular City Council Meeting Agenda.

SUMMARY: The Planning Director has issued planning clearances for the subject formula retail business pursuant to the Settlement Agreement because, as described above, the proposed businesses meet the requirements for the 20 percent type provided for in the Settlement Agreement. After the Additional Tolling period, any new formula retail tenant will be required to obtain a formula retail clearance pursuant to the City’s Formula Retail Ordinance — and must meet the requirements of the Formula Retail Ordinance (e.g. nonexempt formula retail cannot exceed 30 percent of the gross floor area of the shopping center in order for a new formula retail tenant to replace these tenants). As such, staff recommends the City Council receive and file the Planning Director’s report on formula Table 6
Proposed Formula Retail Tenants, 20% Compromise Type
as of January 30, 2024
Tenant PC* Bldg Floor Unit Sq Ft
Kith 23-007 1 1 110 3,996
Kith Treats 23-008 1 1 120 719
Le Labo 24-004 3 1 360 1,354
Ray-Ban 24-003 3 1 395 1,190
Pura Vida
Miami
23-026 7 1 795 2,469
9,728

Page 7 of 7 ends

Agenda Item # 3.B.12.
retail planning clearance approvals for Kith, Kith Treats, Le Labo, Ray-Ban, and Pura Vida Miami to the City Council, pursuant to the Settlement Agreement between the City of Malibu and Cross Creek Ranch Malibu, LLC.

ATTACHMENTS:

1. Settlement Agreement

2. Cross Creek Ranch Formula Retail Matrix, dated January 30, 2024

3. Site Plan

4. Kith – Planning Clearance dated February 13, 2024

5. Kith Treats - Planning Clearance dated February 13, 2024

6. Le Labo - Planning Clearance dated February 14, 2024

7. Ray-Ban - Planning Clearance dated February 14, 2024

8. Pura Vida Miami - Planning Clearance dated February 13, 2024 9/13/23, 3:34 PM Batch 16324502 Confirmation
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https://gs.secure-erds.com/Batch/Confirmation/1 6324502 Attachment 1

RECORDING REQUESTED BY
AND WHEN RECORDED, MAIL TO:

City of Malibu
Attention: City Clerk
23815 Stuart Ranch Road
Malibu, California 90265
SPACE ABOVE THIS LINE FO RECORDER’S USE

SETTLEMENT AGREEMENT
This Settlement Agreement (“Agreement”) is entered into as of August 14, 2023, (the “Effective Date”) by and between Cross Creek Ranch Malibu, LLC, as successor to Malibu Development Company LLC, (“CCRM”) and the City of Malibu (“City”). CCRM and the City are referred to cumulatively as the “Parties,” or singularly as a “Party.” The Parties intend by this Agreement to compromise and fully resolve all of CCRM’s claims of tolling under Development Agreement 07-001, approved by Malibu City Council Ordinance No. 330, approved by the Coastal Commission on March 10, 2010, and recorded as Document No. 20150150136 on February 10, 2015, (“Development Agreement”) and which pertains to development and operational rights for the Cross Creek Ranch shopping center and development (formerly known as La Paz Ranch) (“Cross Creek Ranch”) (“CCRM’s Tolling Claim”).

RECITALS
WHEREAS (i) CCRM’s Tolling Claim contends that a time-constrained contractual entitlement to certain benefits pursuant to the Development Agreement has been tolled in accordance with the terms of the Development Agreement, (ii) the City disputes the merit/extent ofthe Tolling Claim, and (iii) in the absence of a negotiated resolution of CCRM’ s Tolling Claim, the claim will need to be resolved by costly and time-consuming litigation.

AGREEMENT
NOW, THEREFORE, in order to resolve their differences in an efficient and economical manner, and in consideration of the mutual covenants, promises and undertakings set forth herein and other consideration, the receipt and adequacy of which the Parties hereby acknowledge, the Parties agree as set forth below.

1. Additional Tolling. The Development Agreement’s term shall be tolled such that it expires on August 14, 2024 (“Additional Toffing Term”); however, from the execution of this Agreement to the end of the Additional Tolling Term, CCRM’s rights under the Development Agreement shall be limited as set forth below. No further tolling shall be requested or granted. CCRM understands that this Agreement resolves all disputes regarding tolling of the Development Agreement’s term, and CCRM waives any claim to further tolling that exists now, or that may come to exist at any point in the future, regardless of any contrary provision in the Development Agreement.

2. Formula Retail Restrictions During Additional Tolling Term.

Notwithstanding any contrary provision ofthe Development Agreement, Cross Creek Ranch shall comply with the Formula Retail Ordinance (Malibu Ordinance No. 431 and Malibu Municipal Code section 17.61) subject to the following exceptions. a. In addition to the 30 percent formula retail uses allowed under Malibu Municipal Code (“MMC”) section 17.6 1.030.B(2)(a), during the Additional Tolling Term CCRM may lease to non-exempt formula retail tenants for up to an additional 20 percent of the shopping center’s total gross floor area, excluding the floor area occupied by exempt formula retail defined in Section 17.61 .020.A(1)-(8); which tenants may then continue to operate indefinitely like non-exempt formula retail tenants that existed prior to the City’s adoption of the Formula Retail Ordinance so long as those tenants remain, but shall only be replaced by other non-exempt formula retail tenants if doing so complies with the Formula Retail Ordinance as it exists at the time such replacement occurs.
(1) To avoid doubt, this means that there will be two different types of non-exempt formula retail uses: (i) the standard 30% type that is provided by the Formula Retail Ordinance, and separately (ii) a 20% compromise type that may be secured only during the Additional Tolling Term and has more restrictions than the first type. These two types of non-exempt formula retail tenants will be entirely separate and shall remain distinct so one does not affect the other.

For the second type, the Parties agree that submittal of a tenant’s application for a Planning Clearance during the Additional Tolling Period shall allow that tenant to open and operate as detailed herein.

To ensure clarity, CCRM shall designate which type oftenant each non-exempt formula retail tenant is upon the submittal of each Planning Clearance Application for a non-exempt formula retail tenant. The Planning Director will review the 20% compromise type for compliance with this Agreement, which shall be reported to the City Council and City Attorney (whereas the standard 30% type shall be reported to the Planning Commission pursuant to MMC section 17.61.030(C)). For the standard 30% type, CCRM waives any claim of exemption from the requirements ofthe Formula Retail Ordinance except as stated in (b) and (c) of this Section regarding percent ofthe ground floor that may be occupied, and the provision for three non-exempt formula retail clients to occupy a 5,000 square foot space.
(2) To avoid a sense of sameness and familiarity that the Formula Retail Ordinance seeks to prevent, the non-exempt formula retail tenants in this additional 20 percent of the center shall be restricted to tenants that do not have ten or more stores anywhere in the counties of Los Angeles, Ventura, and Orange.
b. Notwithstanding MMC section 17.61.030.B(2)(b), during the Additional Tolling Term Cross Creek Ranch may lease to non-exempt formula retail tenants that cumulatively occupy up to 60 percent of the ground floor spaces (compared to 40 percent in the Formula Retail Ordinance), which tenants may then continue to operate indefinitely like non exempt formula retail tenants that existed prior to the adoption of the Formula Retail Ordinance but shall only be replaced if doing so complies with the Formula Retail Ordinance as it exists at 2 the time such replacement occurs.
c. Notwithstanding MMC section 17.61.030.B(1), during the Additional Tolling Term Cross Creek Ranch may lease to up to three non-exempt formula retail tenants that occupy up to 5,000 square feet (compared to 4,000 square feet in the Formula Retail Ordinance), which tenants may then continue to operate like non-exempt formula retail tenants that existed prior to the adoption of the Formula Retail Ordinance but shall only be replaced if doing so complies with the Formula Retail Ordinance as it exists at the time such replacement occurs.

3. Expedited Processing During Additional Tolling Term. During the Additional Tolling Term the City shall comply with Section 5.5 of the Development Agreement (“CITY Processing ofPermit Applications On An Expedited Basis”) by expediting the processing of all permits, including concurrent processing of applications by various City departments (e.g., Planning Clearances for tenant spaces and Building & Safety-issued tenant improvement permits).

Failure to provide expedited processing shall not result in additional tolling of this Agreement or the Development Agreement.

4. Expanded City Rights Regarding Parcel C. CCRM waives all rights with respect to Parcel C including, but not limited to, all rights for Parcel C to be reconveyed to it pursuant to Section 6.4 of the Development Agreement as well as the those provided in Section

6.3 of the Development Agreement, subject to the following:
a. The City shall not use Parcel C as a wastewater treatment facility; and
b. The City shall use Parcel C only for an approved use under Section

6.3.2 of the Development Agreement or any of the following additional uses to which CCRM hereby consents:
(1) a municipal auditorium/community performing arts center; (2) art gallery or exhibition space;
(3) a movie theater;
(4) sports or recreation facilities with appropriate sound attenuation; or (5) any other City-approved use that does not substantially negatively impact the operations, peacefulness, or economic health of Cross Creek Ranch in CCRM’s reasonable business judgment,
confirmation of which CCRM shall not unreasonably withhold.

5. Planning Support to the City Regarding Parcel C. To assist the City in planning for the future use of Parcel C, upon the City’s request and at CCRM’s sole expense, not to exceed $100,000, CCRM shall provide to the City site planning and preliminary design services using CCRM’s in-house and outside planning and design team.

6. Free Parking For Parcel C. To assist the City in the future use of Parcel C, and provided that the City obtains a joint use and common parking facilities approval pursuant to MMC section 17.48.040 and/or Malibu Local Implementation Plan section 3.14.4 (to which CCRM shall consent and not object or challenge, but CCRM may express any concerns or preferences to the Planning Commission and/or City Council), CCRM shall allow the City to use parking facilities at Cross Creek Ranch to provide up to half of the parking required for the City’s 3 future use of Parcel C, at no charge to the City.

7. Additional Financial Sunport to the City Regarding Parcel C. In addition to any other benefits or payments provided to the City pursuant to the Agreement and Development Agreement, CCRM shall pay the City an additional $250,000 in five equal annual installments, with the first $50,000 payment to be made within 30 days after the first Cross Creek Ranch tenant opens to the public and with the remaining four $50,000 payments to be made on the annual anniversaries of that first payment date.

8. Release of CCRM’s Tolling Claim. CCRM, on behalf of itself and its directors, managers, members, agents, representatives, successors, and assigns, whether current or former, as applicable and to the extent any exist (Releasors), hereby releases, waives, acquits and forever discharges the City and its boards, commissions, departments, bureaus, representatives, agents, employees, attorneys and assigns, from any and all claims, demands, causes of action, obligations, damages, rights of subrogation or indemnity, attorneys’ fees, costs and liabilities of any nature whatsoever, whether known or unknown, which CCRM ever had, now has or may claim to have against the City or its boards, commissions, departments, bureaus, representatives, agents, employees, attorneys and assigns for any reason that relates or pertains to andlor arises out of CCRM’s Tolling Claim or the Development Agreement (Released Claims). CCRM covenants that none of the Releasors will sue or otherwise institute or in any way actively participate in or voluntarily assist in the prosecution of any legal or administrative proceedings regarding the Released Claims. Releasors understand and acknowledge that the foregoing release extends to any claims or damages, without limitation, arising out of the Released Claims that may exist on the date of the execution of this Agreement, but which Releasors do not know to exist, which, if known, would have materially affected their decision to execute this Agreement, regardless of whether their lack of knowledge is a result of ignorance, oversight, error, negligence or any other cause.

9. Attorneys’ Fees and Costs. CCRM shall pay the City $40,000 for the City’s attorneys’ fees and costs related to this Agreement, to be paid within 30 days after the first Cross Creek Ranch tenant opens to the public. Otherwise, the Parties shall bear their own attorneys’ fees and costs in connection with CCRM’s Tolling Claim and the negotiation and preparation of this Agreement.

10. Entire Agreement. This Agreement: (i) constitutes the entire agreement between the Parties concerning the subject matter hereof~ (ii) supersedes any previous oral or written agreements concerning the subject matter hereof, and (iii) shall not be modified except by a writing executed by the Parties.

11. Benefitted Parties. This Agreement shall be binding upon and inure to the benefit of each ofthe Parties and their representatives, heirs, devisees, successors and assigns.

12. Running With the Land. This Agreement shall run with the land, and all of CCRM’s obligations herein shall be fully binding on its successors and assigns. CCRM is the owner of Parcel A: APN 4458-022-032 and Parcel B: APN 4458-022-033 (together 23465 Civic Center Way), the City is the owner of Parcel C: APN 4458-022-908 (23465 Civic Center Way), and this Agreement shall be recorded against these properties. 4 13. Construction. Choice of Law and Venue. The terms of this Agreement are the product of arms-length negotiations between the Parties, through their respective counsel of choice, and no provision shall be construed against the drafter thereof. This Agreement shall be governed by and construed in accordance with the laws ofthe State of California. The venue for any disputes concerning this Agreement shall be in the County of Los Angeles. Any Party may enforce the terms of this Agreement.

14. Counterparts and Electronic Signatures. This Agreement may be executed in counterparts with the same force and effectiveness as though executed in a single document.

This Agreement may be signed by some or all signers electronically (e.g., by facsimile, electronic mail, or other electronic means of affixing a signature) and, if so, shall have the same force and effectiveness as an agreement executed with an original ink signature.

15. Authority. Each signatory to this Agreement represents and warrants that the signer is authorized to sign this Agreement on behalf of the Party for which the signer is signing, and thereby to bind that Party fully to the terms of this Agreement.

16. Non-Severability. The Parties agree that each and every provision of this Agreement is critical to the Parties’ decision to enter into this Agreement. Therefore, if any provision ofthis Agreement is held invalid or unenforceable in any final, non-appealable judgment of a court of competent jurisdiction, this Agreement shall become void and the Parties shall be restored to their respective positions prior to the Effective Date to the greatest extent possible.

17. Incorporation of Recitals. The recitals contained herein are hereby incorporated by reference and are material and binding upon the Parties hereto. 5 AGREED TO AND ACCEPTED AS OF THE EFFECTWE DATE:

CROSS C K RANCH MALIBU, LLC
By: ________________________
Name: Bry~iI Gordo
Its: Chief E ut e 0

ACKNOWLEDGMENT

STATE OF CA IFORNIA )
COUNTY OF~
ate
~~::

Nameft and
~
Titi Officer (eg., “Jane Doe, Notary Pis~2)
personally appeared l?~)v~j~~r1 I≤trv
Name of Signer(s)
who proved to me on the basis of sa factory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws ofthe S~teöf Californiathatthe forgoing paragraph is true and correct.

WITNESS my hand and official seal.
~LIVOLO
~ Notary Public . California L
(seal) ~ Los Angeles County ~
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity ofthat document.
6 CITY OF MALIBU
By: ___________________ Dated: ~
STEVE MCCLARY, City Manager
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNiA
County of Los Angeles
On ~6f’2~2— /1_~3 , before me, Kelsey Pettijohn, City Clerk for the City of Malibu, persona’ly appeared Steve McClary, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

WI 4 ~
K~LSEYP~O}~,~
7 APPROVED AS TO FORM:

By: ________________
Int~~ity Attorney

L WAT SLP
BethP.Gordie
Attorneys for CROSS CREEK RANCH MALIBU, LLC
8 111,489 SF Total
30-Jan-24
Tenant Space Business Name # of stores World # of stores S CA Leasable SF Exempt Retail City Council Formula Retail - 20% limit City Council Formula RSF City Countil Formula as GLA % Planning Commission Formula Retail - 30% limit Planning Commission Formula RSF Planning Commission Formula as GLA % 110 KITH 12 2 3,996 Yes 3,996 3.58% No - 0.00%
120 KITH Treats 13 2 719 Yes 719 0.64% No - 0.00%
210 Clark's Oyster Bar 3 0 3,016 No - 0.00% No - 0.00%220 1,476 - 0.00% - 0.00% 230 1,441 - 0.00% - 0.00%
240 1,606 - 0.00% - 0.00%
310 Sunroom 2 1 870 No - 0.00% No - 0.00%320 714 - 0.00% - 0.00%330 Frankies Bikinis 3 1 863 No - 0.00% No - 0.00% 340 1,850 - 0.00% - 0.00%
350 1,525 - 0.00% - 0.00%
360 Le Labo 34 7 1,354 Yes 1,354 1.21% - 0.00%
370 1,520 - 0.00% - 0.00%
380 1,293 - 0.00% - 0.00%
390 1,294 - 0.00% - 0.00%
395 Ray-Ban 32 4 1,190 Yes 1,190 1.07% - 0.00%410 Chit Chat Coffee + Matcha 1 1 510 No - 0.00% No - 0.00%420 1,095 - 0.00% - 0.00% 430 581 - - 0.00% - 0.00%
440 1,085 - 0.00% - 0.00%
450 1,805 - 0.00% - 0.00%
460 1,808 - 0.00% - 0.00%
470 1,573 - 0.00% - 0.00%
480 2,029 - 0.00% - 0.00%
490 1,279 - 0.00% - 0.00%
610 - 630 2,613 - 0.00% - 0.00%
705 Pura Vida Miami 21 0 2,469 Yes 2,469 2.21% No - 0.00% 710 1,857 - 0.00% - 0.00%
720 2,657 - 0.00% - 0.00%
730 3,866 - 0.00% - 0.00%
740 3,897 - 0.00% - 0.00%
750 - 760 2,580 - 0.00% - 0.00%810 - 820 Velvet 8 4 1,816 No - 0.00% No - 0.00% 830 1,994 - 0.00% - 0.00%
840 982 - 0.00% - 0.00%
850 2,528 - 0.00% - 0.00%
860 3,883 - 0.00% - 0.00%
Building 9 Industrious* 100+ 12 15,590 No - 0.00% No - 0.00% Building 10 15,598 - 0.00% - 0.00%
Building 11 10,524 - 0.00% - 0.00%
Storage, Restrooms, etc 2,143 - 0.00% - 0.00%
111,489 9,728 8.73% - 0.00%
*Industrious is a coworking space leasing to small offices. None of the offices users are formula retail.

Cross Creek Ranch Formula Retail Matrix
23465 Civic Center Way, Malibu, CA 90265
Attachment 2
Landlord makes no warranty or representation that the Retail Parcel and the Buildings shown on this site plan will be, or will remain, as depicted heron, or that the tenant spaces shown hereon, if any, are now, or will be, located within the Retail Parcel.

EXHIBIT A-2

EV-REV-R
EV
EV

EV-REV-R
EV
EV
EV
EV
EV
EV
EV
EV
MMMM
EV
M
EV

EV-REV-REV-REV-R
M

LA PAZ LANE

EAST LANE

CIVIC CENTER WAY
860
850
840
810
820
830 630
620 610
480
490
470 460
450
420
440
430
410
760750
740 730 720 710 705
395 390 380 370 360 350 340
310320330
110
220230240
210
BUILDING 1 BUILDING 3
BUILDING 2
BUILDING 4
BUILDING 6
BUILDING 7
BUILDING 8
120
N
KITH
KITH
Treats
Le Labo
Ray-Ban
Pura Vida
Miami
Attachment 3
City of Malibu
23825 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-7650 · www.malibucity.org

Page 1 of 7 ends

PC No.____-______
General Information

PLANNING CLEARANCE APPLICATION
The City of Malibu will not accept incomplete applications PROPOSED PROPERTY ADDRESS: Unit #. _______
BUSINESS NAME:

BUSINESS ADDRESS: ________________________CITY: _________________STATE:_______ ZIP: ________ BUSINESS PHONE #: BUSINESS EMAIL:

APPLICANT / CONTACT: First: Last:

APPLICANT ADDRESS: CITY: STATE: ZIP:

APPLICANT PHONE #: APPLICANT EMAIL:

PROPERTY OWNER:
 Planning Clearance $________ □ CASH □ CHECK #:
 Occupant Inspection $___________ □ CREDIT CARD

2.9% Transaction Fee will apply

2.9% + $0.30 (for online transactions)
TOTAL FEES: $_____________

1. BUSINESS TYPE:  RETAIL  MEDICAL  FOOD SERVICE
 OFFICE  OTHER:

2. PROPOSED BUSINESS:  NEW BUSINESS  NAME CHANGE ONLY  OTHER:

3. BUSINESS DESCRIPTION (PROVIDE ADDITIONAL PAGES IF NECESSARY):

4. HOURS OF OPERATION:

5. TOTAL # OF EMPLOYEES:

Business Information
Fees
Attachment 4

Page 2 of 7 ends

6. NEW OR REPLACED SIGNAGE:  YES  NO

7. NUMBER OF SEATS FOR CUSTOMERS:  INDOOR  OUTDOOR
NOTE: If outdoor seating is proposed, or currently exists onsite, applicants will need to demonstrate compliance with the City of Malibu’s Parking Lot Safety Standards Ordinance (see Malibu Municipal Code Section 17.48.070) by submitting an application for Vehicle Impact Protection Devices. This additional evaluation may delay Planning Clearance determination.

8. ALCOHOL:  NONE  ONSITE CONSUMPTION  OFF-SITE CONSUMPTION (e.g., retail sales)

9. TOBACCO:  NONE  ONSITE CONSUMPTION  OFF-SITE CONSUMPTION (e.g., retail sales)

10. ZONING: APN:

11. TYPE OF DEVELOPMENT:  SINGLE BUILDING  MULTI-TENANT  OTHER:

12. SQUARE FOOTAGE OF LEASED AREA: SQ. FT.

13. PREVIOUS USE OF THE TENANT SPACE:  RETAIL  MEDICAL  FOOD SERVICE  OFFICE  INDUSTRIAL  OTHER:

14. DATE PREVIOUS BUSINESS CLOSED:

15. WILL THE BUSINESS MAINTAIN TWO OR MORE
OF THE FOLLOWING FEATURES LISTED BELOW?  YES  NO
If yes, circle the applicable feature below.
a. Standardized array of merchandise or menu
b. Standardized color scheme
c. Standardized décor
d. Standardized signage
e. Standardized layout
f. Standardized signage, service mark or
trademark
g. Uniform apparel

16. DOES THE EXISTING BUSINESS PROPOSE AN EXPANSION OF AT LEAST 200 SQUARE FEET OF GROSS FLOOR AREA?  YES  NO

17. IS THE PROPOSED BUSINESS USE LISTED BELOW?  YES  NO If yes, please circle the applicable use below.
a. Bank or financial service
b. Drug store/pharmacy
c. Gas station
d. Grocery
e. Insurance office
f. Low-cost overnight accommodations
g. Medical use
h. Movie theater
i. Postal service office
j. Real estate office

18. EXTERIOR ADDITIONS, DEMOLITION, AND/OR ALTERATIONS TO THE BUILDING:  YES  NO If yes, please explain:

19. INTERIOR ALTERATIONS, PLUMBING / MECHANICAL SYSTEMS TO BE ADDED, ALTERED, OR MOVED:
(e.g., fixtures, wastewater, heating, air conditioning, etc.):  YES  NO If yes, please explain:

20. EXISTING AND PROPOSED FLOOR PLAN:  ATTACHED  N/A (No Change) Formula Retail
Proposed Tenant lmprovement

ADDITIONAL PERMITS
Approval of this Planning Clearance is for the use of the tenant space, it does not eliminate the need for other permits, licenses, or certificates required. Additional permits may be required (e.g., Health Permit, Occupancy Permit, Sign Permit, Tenant Improvement Permit, Temporary Use Permit, Conditional Use Permit, etc.). See the Department of Environmental Sustainability to verify which construction permits may be required.

INDEMNIFICATION CLAUSE
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. , „ l Cross Creek Ranch alibu, LL C
By: Tierney Mauge, Secretary
3/9/23
PROPERT Y OWNER^SIGNATUR E PROPERT Y OWNE R NAM E (PRINT ) DAT E

APPLICANT STATEMENT
I hereby certify under penalty of perjury that I have read and understand all of the sections above and that the information provided on this form is true and correct to the best of my knowledge. I also state that I have read and familiarized myself with the portions of the Malibu Municipal Code which apply to my business in this location. I agree to comply with these regulations and any other local, ^ai^, and federal regulation that my relation to this proposed business.

Property Owner, or Applicant Signature; Date;

Page 3 of 7 ends

FORMULA RETAIL CALCULATION – ADDITIONAL TOLLING TERM
See Settlement Agreement, dated August 2023 between
the City of Malibu and Cross Creek Ranch Malibu, LLC

1. PERMITTED USE: X YES

2. FORMULA RETAIL:  YES

3. CONDITIONALLY PERMITTED USE:  YES
 NO
 NO
 NO If yes, a CUP is required)

ARE THE NUMBER OF LOCATIONS IN THE COUNTIES OF LOS ANGELES, VENTURA, AND ORANGE LESS THAN 12? X YES NO
WILL THE PROPOSED LOCATION EXCEED 5,000 SQUARE FEET OF GROSS FLOOR AREA?

X YES NO
,
PROPOSED FORMULA RETAIL FLOOR AREA: 3,996 sq ft
EXEMPT FORMULA RETAIL FLOOR AREA: 0 sq ft
SHOPPING CENTER TOTAL GROSS FLOOR AREA: 1
st FLOOR: 90,303 2nd FLOOR: 21,186 TOTAL: 111,489
TOTAL GFA: 111,489 - 0 EXEMPT FORMULA RETAIL = 111,489
111,489 x 20% = 22,297.80 ALLOWABLE FORMULA RETAIL
NON-EXEMPT FORMULA RETAIL GFA (including applicant): 5 COMPLIES X YES NO SHOPPING CENTER - GROSS FLOOR AREA OF FIRST FLOOR:

TOTAL GFA FIRST FLOOR: 90,303 - 0 EXEMPT FORMULA RETAIL = 90,303 90,303 x 60% =54,181.80 ALLOWABLE FORMULA RETAIL
NON-EXEMPT FORMULA RETAIL GFA (including applicant): 5 COMPLIES X YES NO Determination Date:

Planning Staff
Staff Use Only
2/13/2024

Page 2 of 2 ends

CONDITIONS

1. Pursuant to the Settlement Agreement, tenants may continue to operate indefinitely like non-exempt formula retail tenants that existed prior to the adoption of the Formula Retail Ordinance but shall only be replaced if doing so complies with the Formula Retail Ordinance as it exists at the time such replacement occurs. Any new tenant/business must comply with Formula Retail Ordinance. This planning clearance is not transferable to a new tenant / business.

2. According to said Settlement Agreement, this planning clearance shall be reported to the City Council as part of the 20% compromise type during the Additional Tolling Term.

3. All tenants in the Civic Center Ranch Shopping Center shall comply with City Council Resolution No. 08-52, and as amended by Planning Commission Resolution No. 20-17.

4. No new signage is approved with this application. Any new signage requires a planning sign permit and is subject to compliance with the Master Sign Program.

5. Any new tenant improvements including lighting shall be submitted under a separate application.

S
S
S
T
T
S
TTT T
T

M-OCC / RETAIL
3,996 SF

M-OCC / FOOD SERVICE
719 SF
ELEC
73 SF
KITH Store Loca�ons
As of January 30, 2024

1. SoHo
337 Lafayette St.

NY, NY 10012

2. Brooklyn
233 Flatbush Ave,
Brooklyn, NY 11217

3. Miami Beach
1931 Collins Ave,
Miami Beach, FL 33139

4. West Hollywood
8500 Sunset Blvd,
West Hollywood, CA 90069

5. Paris
49 Rue Pierre Charron
Paris 75008

6. Hawaii
2301 Kalakaua Ave
Honolulu, HI 96815

7. Aspen
228 S Mill St,
Aspen, CO 81611

8. Tokyo
Miyashita Park North 1st Floor & 2nd Floor
6-20-10 Jingumae Shibuya-Ku, Tokyo

9. Beverly Hills
262 N. Rodeo Drive
Beverly Hills, CA 90210

10. Miami Design District
69 NE 41st Street
Miami, FL 33137

11. Williamsburg
25 Kent Ave Suite 102
Brooklyn, NY 11249

12. Toronto
78 Yorkville Ave
Toronto, ON M5R 1B9, Canada
Kith Displays within Department Stores:

Bergdorf Goodman
754 Fifth Avenue
New York, NY 10019
Hirshleifers
2080 Northern Blvd,
Manhasset, NY 11030
Selfridges
400 Oxford St, Marylebone,
London W1A 1AB
City of Malibu
23825 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-7650 · www.malibucity.org

Page 1 of 7 ends

PC No.____-______
General Information

PLANNING CLEARANCE APPLICATION
The City of Malibu will not accept incomplete applications PROPOSED PROPERTY ADDRESS: Unit #. _______
BUSINESS NAME:

BUSINESS ADDRESS: ________________________CITY: _________________STATE:_______ ZIP: ________ BUSINESS PHONE #: BUSINESS EMAIL:

APPLICANT / CONTACT: First: Last:

APPLICANT ADDRESS: CITY: STATE: ZIP:

APPLICANT PHONE #: APPLICANT EMAIL:

PROPERTY OWNER:
 Planning Clearance $377 □ CASH □ CHECK #:
 Occupant Inspection $NA □ CREDIT CARD

2.9% Transaction Fee will apply

2.9% + $0.30 (for online transactions)
TOTAL FEES: $377.00

1. BUSINESS TYPE:  RETAIL  MEDICAL  FOOD SERVICE
 OFFICE  OTHER:

2. PROPOSED BUSINESS:  NEW BUSINESS  NAME CHANGE ONLY  OTHER:

3. BUSINESS DESCRIPTION (PROVIDE ADDITIONAL PAGES IF NECESSARY):

4. HOURS OF OPERATION:

5. TOTAL # OF EMPLOYEES:

Business Information
Fees
23465 Civic Center Way, Malibu, CA 90265
Kith Treats
25 Kent Ave., #301 Brooklyn NY 11249
(929) 507-1373 [email protected]
Steven Olshan
811 7th St. #B Santa Monica CA 90403
(310) 916-4158 [email protected]
Cross Creek Ranch Malibu, LLC
■
■
■
Bldg 1 - Suite 120
Kith ice cream treats
Mon - Sat 10:00am to 8:00pm; Sun 11:00am to 7:00pm
varies from 2 - 3 employees
Attachment 5

Page 2 of 7 ends

6. NEW OR REPLACED SIGNAGE:  YES  NO

8. ALCOHOL:  NONE  ONSITE CONSUMPTION  OFF-SITE CONSUMPTION (e.g., retail sales)

9. TOBACCO:  NONE  ONSITE CONSUMPTION  OFF-SITE CONSUMPTION (e.g., retail sales)

10. ZONING: APN:

11. TYPE OF DEVELOPMENT:  SINGLE BUILDING  MULTI-TENANT  OTHER:

12. SQUARE FOOTAGE OF LEASED AREA: SQ. FT.

13. PREVIOUS USE OF THE TENANT SPACE:  RETAIL  MEDICAL  FOOD SERVICE  OFFICE  INDUSTRIAL  OTHER:

14. DATE PREVIOUS BUSINESS CLOSED:

16. DOES THE EXISTING BUSINESS PROPOSE AN EXPANSION OF AT LEAST 200 SQUARE FEET OF GROSS FLOOR AREA?  YES  NO

18. EXTERIOR ADDITIONS, DEMOLITION, AND/OR ALTERATIONS TO THE BUILDING:  YES  NO If yes, please explain:

19. INTERIOR ALTERATIONS, PLUMBING / MECHANICAL SYSTEMS TO BE ADDED, ALTERED, OR MOVED:
(e.g., fixtures, wastewater, heating, air conditioning, etc.):  YES  NO If yes, please explain:

20. EXISTING AND PROPOSED FLOOR PLAN:  ATTACHED  N/A (No Change) Formula Retail
Proposed Tenant lmprovement
9 counter seats n/a
Town Center Overlay Parcel A: 4458-022-032
753
■ new construction
n/a
tenant improvement to a new tenant space
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
facade

ADDITIONAL PERMITS
Approva of this Planning Clearance 1s for the use of the tenant space. It does not eliminate the need for other permits licenses or certificates required Additional permits may be required (e g. Health Permit. Occupancy Permit Sign Permit. Tenant Improvement Permit. Temporary Use Permit. Conditional Use Permit. etc.) See the Department of Environmental Sustainability to verify which construction permits may be required

INDEMNIFICATION CLAUSE
The property owners, and their successors 1n interest. shall indemnify and defend the City of Malibu and its officers, employees and agents from and against all ,ability and costs relating to the City's actions concerning this proJect. including (without limitation) any award of litigat1on expenses ,n favor of any person or entity who seeks to challenge the validity of any of the City's actions or dec1s1ons in connection with this proiect The City shall have the sole nght 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. ��/ �/1 i1, _ 0 Cross Creek Ranch Malibu. LLC
':2._ 3/9/23 uW� By· Tierney Mauge Secretary
PRO�TY OWNE�TURE PROPERTY OWNER NAME (PRINT) -D-AT_E______ '

APPLICANT ST A TEMENT
I hereby certify under penalty of perJury that I have read and understand all of the sections above and that the information provided on this form 1s true and correct to the best of my knowledge I also state that I have read and familiarized myself with the portions of the Malibu Municipal Code which apply to my business in this location agree to comply with these regulations and any other local, e and federal regulation that my relation to this proposed business

Page 3 of 7 ends

FORMULA RETAIL CALCULATION – ADDITIONAL TOLLING TERM
See Settlement Agreement, dated August 2023 between
the City of Malibu and Cross Creek Ranch Malibu, LLC

1. PERMITTED USE: X YES  NO

2. FORMULA RETAIL:  YES  NO

3. CONDITIONALLY PERMITTED USE:  YES  NO (If yes, a CUP is required)

ARE THE NUMBER OF LOCATIONS IN THE COUNTIES OF LOS ANGELES, VENTURA, AND ORANGE LESS THAN 12? X YES NO
WILL THE PROPOSED LOCATION EXCEED 5,000 SQUARE FEET OF GROSS FLOOR AREA?

X YES NO
,
PROPOSED FORMULA RETAIL FLOOR AREA: 719 sq ft
EXEMPT FORMULA RETAIL FLOOR AREA: 0 sq ft
SHOPPING CENTER TOTAL GROSS FLOOR AREA: 1st FLOOR: 90,303 2nd FLOOR: 21,186 TOTAL: 111,489 TOTAL GFA: 111,489 - 0 EXEMPT FORMULA RETAIL = 111,489
111,489 x 20% = 22,297.80 ALLOWABLE FORMULA RETAIL
NON-EXEMPT FORMULA RETAIL GFA (including applicant): 5 COMPLIES X YES NO SHOPPING CENTER - GROSS FLOOR AREA OF FIRST FLOOR:

Planning Staff
Staff Use Only
2/13/2024

Page 2 of 2 ends

CONDITIONS

2. According to said Settlement Agreement, this planning clearance shall be reported to the City Council as part of the 20% compromise type during the Additional Tolling Term.

3. All tenants in the Civic Center Ranch Shopping Center shall comply with City Council Resolution No. 08-52, and as amended by Planning Commission Resolution No. 20-17.

4. No new signage is approved with this application. Any new signage requires a planning sign permit and is subject to compliance with the Master Sign Program.

5. Any new tenant improvements including lighting shall be submitted under a separate application.

S
S
S
T
T
S
TTT T
T

M-OCC / RETAIL
3,996 SF

M-OCC / FOOD SERVICE
719 SF
ELEC
73 SF
KITH Treats Loca�ons
As of January 30, 2024

1. SoHo
337 Lafayette St.

NY, NY 10012

2. Brooklyn
233 Flatbush Ave,
Brooklyn, NY 11217

3. Miami Beach
1931 Collins Ave,
Miami Beach, FL 33139

4. West Hollywood
8500 Sunset Blvd,
West Hollywood, CA 90069

5. Paris
49 Rue Pierre Charron
Paris 75008

6. Hawaii
2301 Kalakaua Ave
Honolulu, HI 96815

7. Selfridges
400 Oxford St
London W1A 1AB

8. Tokyo
Miyashita Park North 1st Floor & 2nd Floor
6-20-10 Jingumae Shibuya-Ku, Tokyo

9. Hirshleifers
2080 Northern Blvd.

Manhasset, NY 10030

10. Beverly Hills
262 N. Rodeo Drive
Beverly Hills, CA 90210

11. Miami Design District
69 NE 41st Street
Miami, FL 33137

12. Williamsburg
25 Kent Ave Suite 102
Brooklyn, NY 11249

13. Toronto
78 Yorkville Ave
Toronto, ON M5R 1B9, Canada

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Le Labo is a New York based perfumery which manufactures and distributes high-end fragrances, candles and bodycare.
(347) 302-3292
71 N 7th Street
Le Labo
1460 4th St, Suite 308 Santa Monica
Tierney Mauge
23 004
23465 Civic Center Way, Malibu CA 90265 Suite 360
Brooklyn NY 11249
[email protected]
90401
(310) 255-0050 [email protected]
Cross Creek Ranch Malibu, LLC
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Cross Creek Ranch Malibu, LLC
By: Tierney Mauge, Secretary 2/14/24
2/14/24
FORMULA RETAIL CALCULATION – ADDITIONAL TOLLING TERM
See Settlement Agreement, dated August 2023 between
the City of Malibu and Cross Creek Ranch Malibu, LLC

1. PERMITTED USE: X YES NO

2. FORMULA RETAIL: YES NO

3. CONDITIONALLY PERMITTED USE: YES NO (If yes, a CUP is required)

ARE THE NUMBER OF LOCATIONS IN THE COUNTIES OF LOS ANGELES, VENTURA, AND ORANGE LESS THAN 12? X YES NO
WILL THE PROPOSED LOCATION EXCEED 5,000 SQUARE FEET OF GROSS FLOOR AREA?

X YES NO
,
PROPOSED FORMULA RETAIL FLOOR AREA: 1,354 sq ft
EXEMPT FORMULA RETAIL FLOOR AREA: 0 sq ft
SHOPPING CENTER TOTAL GROSS FLOOR AREA: 1st FLOOR: 90,303 2nd FLOOR: 21,186 TOTAL: 111,489 TOTAL GFA: 111,489 - 0 EXEMPT FORMULA RETAIL = 111,489
111,489 x 20% = 22,297.80 ALLOWABLE FORMULA RETAIL
NON-EXEMPT FORMULA RETAIL GFA (including applicant): 5 COMPLIES X YES NO SHOPPING CENTER - GROSS FLOOR AREA OF FIRST FLOOR:

Planning Staff
Staff Use Only

Planning S
2/14/2024
✔

Page 2 of 2 ends

CONDITIONS

2. According to said Settlement Agreement, this planning clearance shall be reported to the City Council as part of the 20% compromise type during the Additional Tolling Term.

3. All tenants in the Civic Center Ranch Shopping Center shall comply with City Council Resolution No. 08-52, and as amended by Planning Commission Resolution No. 20-17.

4. No new signage is approved with this application. Any new signage requires a planning sign permit and is subject to compliance with the Master Sign Program.

5. Any new tenant improvements including lighting shall be submitted under a separate application.

Landlord makes no warranty or representation that the Retail Parcel and the Buildings shown on this site plan will be, or will remain, as depicted heron, or that the tenant spaces shown hereon, if any, are now, or will be, located within the Retail Parcel.

EXHIBIT A-2

Le Labo >ŽĐĂƟŽŶƐ
As of January 30, 2024

1. New York City – tĞƐƚsŝůůĂŐĞ
296 West 4th Street
New York, NY 10014

2. New York City – EŽůŝƚĂŶŶĞǆ
229 Elizabeth Street
New York, NY 10012

3. New York City – ĐĞ,ŽƚĞů
14 West 29th Street
New York, NY 10001

4. New York City – DĂĚŝƐŽŶǀĞϲϱth
22 East 65th Street
New York, NY 10065

5. New York City – &ŝŶĂŶĐŝĂůŝƐƚƌŝĐƚ
65D Wall Street
New York, NY 10005

6. New York City – EŽůŝƚĂ
233 Elizabeth Street
New York, NY 10012

7. ƌŽŽŬůǇŶ– tŝůůŝĂŵƐďƵƌŐ
120 N 6th Street
Brooklyn, NY 11249

8. ĞƚƌŽŝƚ– ŽǁŶƚŽǁŶ
1232 Library Street
Detroit, MI 48226

9. >ŽƐŶŐĞůĞƐ– dŚĞ'ƌŽǀĞ
189 The Grove Drive, Unit Q80
Los Angeles, CA 90036

10. >ĂƐsĞŐĂƐ– tǇŶŶ
ŶĐŽƌĞ
3131 S Las Vegas Blvd #211B
Las Vegas, NV 89109

11. ^ĂŶ:ŽƐĞ– ^ĂŶƚĂŶĂZŽǁ
333 Santana Row, Space 1040
San Jose, CA 95128

12. ŽƐƚŽŶ– Seaport
70 Pier Four Boulevard, Suite 340
Boston, MA 02210

13. ĞƌŬĞůĞǇ– EŽƌƚŚǁĞƐƚĞƌŬůĞǇ
1915 4th Street, Suite 101
Berkeley, CA 94710

14. ŽƐƚŽŶ– Back Bay
129 Newbury Street
Boston, MA 02116

15. >ŽƐŶŐĞůĞƐ– tĞƐƚ,ŽůůǇǁŽŽĚ
8385 West Third Street
Los Angeles, CA 90048

16. ŚŝĐĂŐŽ– 'ŽůĚŽĂƐƚ
47 E Oak Street
Chicago, IL 60611

17. ƵƐƟŶ– ^ŽƵƚŚŽŶŐƌĞƐƐ
1011 S Congress Ave, Space 1H
ƵƐƟŶ͕dyϳϴϳϬϰ

18. DŝĂŵŝ– tǇŶǁŽŽĚ
2659 NW 2nd Avenue
Miami, FL 33127

19. ,ŽƵƐƚŽŶ– ,ǇĚĞWĂƌŬ
1665 Westheimer, Suite B-1
,ŽƵƐƚŽŶ͕dyϳϳϬϬϲ

20. ŽŶŶĞĐƟĐƵƚ– 'ƌĞĞŶǁŝĐŚ
276 Greenwich Avenue
Greenwich, CT 06830

21. ^ĂŶ&ƌĂŶĐŝƐĐŽ– WĂĐŝĮĐ,ĞŝŐŚƚƐ
2238 Fillmore Street
San Francisco, CA 94115

22. WŽƌƚůĂŶĚ– 'ŽŽƐĞ,ŽůůŽǁ
1308 W Burnside Street
Portland, OR 97209

23. DŝĂŵŝ– Ăů,ĂƌďŽƵƌ
9700 Collins Avenue #366
Miami, FL 33154

24. >ŽƐŶŐĞůĞƐ– sĞŶŝĐĞ
1138 1/2 Abbot Kinney Boulevard
Los Angeles, CA 90291

25. ĂůůĂƐ– ,ŝŐŚůĂŶĚWĂƌŬ
65 Highland Park Village
ĂůůĂƐ͕dyϳϱϮϬϱ

26. >ŽƐŶŐĞůĞƐ– >ƌƚŝƐƚƌŝĐƚ
744 E 3rd Street
Los Angeles, CA 90013

27. Newport – >ŝĚŽDĂƌŝŶĂ
3432 Via Oporto, #106
Newport, CA 92663

28. tĂƐŚŝŶŐƚŽŶ– Shaw
1924 8th Street NW, Suite 120
Washington, DC 20001

29. ^ĂŶŝĞŐŽ– UTC
4305 La Jolla Village Drive, Suite 2445
San Diego, CA 92122

30. tĂƐŚŝŶŐƚŽŶ– 'ĞŽƌŐĞƚŽǁŶ
3005 M Street NW
Washington, DC, DC 20007

31. ŚŝĐĂŐŽ– tŝĐŬĞƌWĂƌŬ
1618 N Milwaukee Avenue
Chicago, IL 60647

32. ^ĞĂƩůĞ– ĂƉŝƚŽů,ŝůů
921 E Pine Street
^ĞĂƩůĞ͕tϵϴϭϮϮ

33. >ŽƐŶŐĞůĞƐ– ,ŝŐŚůĂŶĚWĂƌŬ
ϱϱϳϳEŽƌƚŚ&ŝŐƵĞƌŽĂ^ƚƌĞĞƚ
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1460 4th St, Suite 308 Santa Monica
Tierney Mauge
Suite 395
24 003
23465 Civic Center Way, Malibu CA 90265
Ray-Ban
8570 W Sunset Blvd #220 West Hollywood CA 90069
(323) 533-6536 [email protected]
CA 90401
(310) 255-0050 [email protected]
Cross Creek Ranch Malibu, LLC
✔
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1. PERMITTED USE: X YES NO

2. FORMULA RETAIL: YES NO

3. CONDITIONALLY PERMITTED USE: YES NO (If yes, a CUP is required)

ARE THE NUMBER OF LOCATIONS IN THE COUNTIES OF LOS ANGELES, VENTURA, AND ORANGE LESS THAN 12? X YES NO
WILL THE PROPOSED LOCATION EXCEED 5,000 SQUARE FEET OF GROSS FLOOR AREA?

X YES NO
,
PROPOSED FORMULA RETAIL FLOOR AREA: 1190 sq ft
EXEMPT FORMULA RETAIL FLOOR AREA: 0 sq ft
SHOPPING CENTER TOTAL GROSS FLOOR AREA: 1st FLOOR: 90,303 2nd FLOOR: 21,186 TOTAL: 111,489 TOTAL GFA: 111,489 - 0 EXEMPT FORMULA RETAIL = 111,489
111,489 x 20% = 22,297.80 ALLOWABLE FORMULA RETAIL
NON-EXEMPT FORMULA RETAIL GFA (including applicant): 5 COMPLIES X YES NO SHOPPING CENTER - GROSS FLOOR AREA OF FIRST FLOOR:

Planning Staff
Staff Use Only
Planning Sta
1
✔

Page 2 of 2 ends

CONDITIONS

2. According to said Settlement Agreement, this planning clearance shall be reported to the City Council as part of the 20% compromise type during the Additional Tolling Term.

3. All tenants in the Civic Center Ranch Shopping Center shall comply with City Council Resolution No. 08-52, and as amended by Planning Commission Resolution No. 20-17.

4. No new signage is approved with this application. Any new signage requires a planning sign permit and is subject to compliance with the Master Sign Program.

5. Any new tenant improvements including lighting shall be submitted under a separate application.

EXHIBIT A-2

Ray-Ban Locations
As of January 30, 2024

1. SANTA CLARA
2855 Stevens Creek Boulevard
San Jose, CA 95050

2. SAN DIEGO
7007 Friar's Road
San Diego, CA 92108

3. LA JOLLA
4303 La Jolla Village Dr
San Diego, CA 92122

4. SAN FRANCISCO
865 Market Street
San Francisco, CA 94103

5. BROADWAY PLAZA
1302 Broadway Plaza
Walnut Creek, CA 94596

6. ABBOT KINNEY
1420 Abbot Kinney Blvd
Venice, CA 90291

7. THE GROVE
189 The Grove Dr
Los Angeles, CA 90036

8. AMERICANA
220 Americana Way
Los Angeles, CA 91210

9. NEWPORT BEACH
1087 Newport Center Drive
Newport Beach, CA 92660

10. DENVER
3000 E 1st Ave
Denver, CO 80206

11. GEORGETOWN
3030 M Street NW
Washington, DC 20007

12. TAMPA
2223 North West Shore Blvd
Tampa, FL 33607

13. AVENTURA
19575 Biscayne Blvd
Aventura, FL 33180

14. WORLDCENTER
652 NE 2nd Ave Suite 158
Miami, FL 33127

15. WYNWOOD
2679 NW 2nd Ave
Miami, FL 33132

16. LINCOLN ROAD
446 Lincoln Rd
Miami, FL 33139

17. MILLENIA
4200 Conroy Rd
Orlando, FL 32839

18. HONOLULU
1450 Ala Moana Boulevard Space 2248
Honolulu, HI 86814

19. WHALERS VILLAGE
2435 Kaanapali Parkway H08
Lahaina, HI 96761

20. OAKBROOK
114 Oakbrook Center
Oak Brook, IL 60523

21. PRUDENTIAL CENTER
800 Boylston St, Suite 043
Boston, MA 02199

22. HARVARD SQUARE
19 Brattle St
Cambridge, MA 02138

23. LAS VEGAS
3500 S Las Vegas Blvd, Unit E07B
Las Vegas, NV 89109

24. HUDSON YARDS
20 Hudson Yards
New York, NY 10001

25. SOHO
116 Wooster St
New York, NY 10012

26. NASHVILLE
5072 Broadway Place
Nashville, TN 37203

27. SAN ANTONIO
15900 La Cantera Parkway Suite 25120
San Antonio, TX 78256

28. HOUSTON
600 N Shepherd Drive
Houston, TX 77007

29. MUSIC LANE
1011 South Congress, Suite 2-F
Austin, TX 78704

30. DOMAIN NORTHSIDE
11624 Rockrose Ave.

Austin, TX 78758

31. NORTHPARK CENTER
8687 N. Central Expressway, Space #2412
Dallas, TX 75225

32. BELLEVUE
227 Bellevue Square
Bellevue, WA 98004

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Pura Vida Miami
110 Washington Ave #CU1 Miami Beach FL 33139
(631) 559-5999 [email protected]
Steven Olshan
811 7th Street Santa Monica CA 90403
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2,469
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N/A
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FORMULA RETAIL CALCULATION – ADDITIONAL TOLLING TERM
See Settlement Agreement, dated August 2023 between
the City of Malibu and Cross Creek Ranch Malibu, LLC

1. PERMITTED USE: X YES NO

2. FORMULA RETAIL: YES NO

3. CONDITIONALLY PERMITTED USE: YES NO (If yes, a CUP is required)

ARE THE NUMBER OF LOCATIONS IN THE COUNTIES OF LOS ANGELES, VENTURA, AND ORANGE LESS THAN 12? X YES NO
WILL THE PROPOSED LOCATION EXCEED 5,000 SQUARE FEET OF GROSS FLOOR AREA?

X YES NO
,
PROPOSED FORMULA RETAIL FLOOR AREA: 2,469sq ft
EXEMPT FORMULA RETAIL FLOOR AREA: 0 sq ft
SHOPPING CENTER TOTAL GROSS FLOOR AREA: 1st FLOOR: 90,303 2nd FLOOR: 21,186 TOTAL: 111,489 TOTAL GFA: 111,489 - 0 EXEMPT FORMULA RETAIL = 111,489
111,489 x 20% = 22,297.80 ALLOWABLE FORMULA RETAIL
NON-EXEMPT FORMULA RETAIL GFA (including applicant): 5 COMPLIES X YES NO SHOPPING CENTER - GROSS FLOOR AREA OF FIRST FLOOR:

Planning Staff
Staff Use Only
Planning Sta
3
✔

Page 2 of 2 ends

CONDITIONS

2. According to said Settlement Agreement, this planning clearance shall be reported to the City Council as part of the 20% compromise type during the Additional Tolling Term.

3. All tenants in the Civic Center Ranch Shopping Center shall comply with City Council Resolution No. 08-52, and as amended by Planning Commission Resolution No. 20-17.

4. No new signage is approved with this application. Any new signage requires a planning sign permit and is subject to compliance with the Master Sign Program.

5. Any new tenant improvements including lighting shall be submitted under a separate application. :6(
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Page 1 of 1 ends

Agenda Item # 4.A.

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: February 15, 2024 Meeting Date: February 26, 2024 Subject: Appeal No. 23-008 - Appeal of Planning Commission Resolution No. 23-52 (Skatepark at 24250 Pacific Coast Highway; Appellant, 600 Spring LLC)
RECOMMENDED ACTION: Adopt Resolution No. 24-10, Certifying Addendum No. 3 to the Crummer Site Subdivision Final Environmental Impact Report, denying Appeal No. 23- 008 and approving Coastal Development Permit No. 23-001 for the construction of a 12,500 square foot in-ground permanent skatepark, 146 square foot two-stall restroom building, 36 stall parking lot, two bioretention basins, landscaping, cross-walk over Winter Mesa Drive, various skating equipment, fencing, and benches located on Lot 7 of the Case (formally Crummer) property in the Planned Development and Public Open Space zoning districts located at 24250 Pacific Coast Highway (City of Malibu).

DISCUSSION: This item will be distributed under separate cover.

City Council Meeting
02-26-24
Item

4.A.

Page 1 of 1 ends

Agenda Item # 4.A.

Supplemental
Council Agenda Report
To: Mayor Uhring and the 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: February 22, 2024 Meeting Date: February 26, 2024 Subject: Appeal No. 23-008 - Appeal of Planning Commission Resolution No. 23-52 (Skatepark at 24250 Pacific Coast Highway; Appellant, 600 Spring LLC)
RECOMMENDED ACTION: Continue the item to the March 11, 2024 City Council meeting.

City Council Meeting
02-26-24
Item

4.A.

Page 1 of 2 ends

Agenda Item # 4.B.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Alexis Brown, Deputy City Manager
Reviewed by: Joseph Toney, Assistant City Manager
Approved by: Steve McClary, City Manager
Date prepared: February 8, 2024 Meeting date: February 26, 2024 Subject: Approval of Use of Community Development Block Grant (CDBG) funds for Fiscal Year 2023-2024
RECOMMENDED ACTION: 1) Conduct the public hearing; and 2) Adopt Resolution No. 24-09 authorizing and approving the use of $9,791 in CDBG Funds for Malibu Community Labor Exchange (MCLE) and the use of $55,485 in CDBG Funds for a permanent trailer for MCLE.

FISCAL IMPACT: The City expects to receive a total allocation of CDBG funding for FY 2024-25 of $65,276. This allocation amount is an estimate provided by the Los Angeles County Development Authority (CDA) and may fluctuate by +/- 2%. In addition the City has an unallocated CDBG balance from the prior fiscal year in the amount of $76,540.75.

No additional appropriation is required; if approved, the funding will be included in the FY 2024-25 Proposed Budget.

STRATEGIC PRIORITY: This item supports the MCLE Permanent Office Trailer priority identified in the Adopted FY 2023-24 Strategic Priority Project List.

DISCUSSION: The City receives an allocation of Federal CDBG funds each year by way of the Los Angeles CDA. The City is projected to receive $65,276 in FY 2024-25.

The CDA guidelines stipulate that only 15% percent of the annual CDBG allocation can be allocated to public service programs and the remaining funds must be spent on eligible capital projects.

City Council Meeting
02-26-24
Item

4.B.
1

Page 2 of 2 ends

Agenda Item # 4.B.

Historically, the City has awarded the maximum public service program funds to the MCLE to operate a day labor program assisting low-to-moderate income individuals with workforce placement. The City has had challenges with identifying CDBG eligible capital projects that met CDBG funding guidelines. In January of 2014, the Council adopted Resolution No. 14-70 authorizing CDBG capital funds to be used to purchase and install a permanent office trailer for MCLE on the County property in the City’s Civic Center.

MCLE was in need of a new trailer because the existing trailer that it was operating out of was determined to be dilapidated and unable to be relocated as needed to accommodate the construction of the Santa Monica College Malibu Satellite Campus Project on the County property. Due to the construction schedule and footprint of the Malibu Satellite Campus Project, the City’s Permanent Trailer Project was put on hold.

Council subsequently directed that CDBG funds be allocated to cover the costs to rent a temporary office trailer for MCLE. The City has been actively working with representatives from Santa Monica College Annex – Facilities Team to complete the underground utility connection and parking lot (paving) to the permanent trailer site. The permanent trailer is currently in design with the City’s engineering firm Kimley Horne.

Upon the receipt of the engineered plans, the City will launch an RFP for the construction of the trailer.

Given the timeline, and current momentum of the project, staff recommends that $9,791 in CDBG Funds for Malibu Community Labor Exchange (MCLE) and be allocated to fund the daily MCLE operations and of $55,485 in CDBG funds for a permanent trailer for MCLE. The total estimated construction costs for the MCLE permanent trailer will not be known until the project goes out to bid. The existing fund balance and ongoing capital equipment appropriation will contribute to the cost. If additional General Fund monies are needed, staff will return to the Council with a request for increased appropriation.

ATTACHMENTS:

1. Resolution No. 24-09

2. Notice of Public Hearing
2 Attachment #1
RESOLUTION NO. 24-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
AUTHORIZING AND APPROVING THE FISCAL YEAR 2024-2025

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS

FOR THE CITY OF MALIBU
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. The City of Malibu is a participating agency under the County of Los Angles Community Development Block Grant (CDBG) Program.

B. The Los Angeles County Community Development Block Grant (CDBG) Program has allocated $65,276 to the City of Malibu for fiscal year 2024-2025.

C. The City has an unallocated balance from prior fiscal years of at least $76,541.

D. The City has considered and evaluated CDBG eligible projects and community needs.

E. The Community Development Authority offers participating agencies the opportunity to transfer designated funding to a revolving grant fund which will be returned to the City to be used at a future time for a CDBG eligible project.

SECTION 2. After conducting a public hearing, the City Council hereby authorizes the expenditure of $9,791 for Public Services under the Day Labor Exchange Program for Fiscal Year 2024-2025 and expenditure of $55,485 in CDBG funds for a permanent trailer for the Malibu Labor Exchange Program. The City Council authorizes adjustments to the programed amounts as needed and available, as well as in the event that the City receives a different total funding amount. The City Manager or his/her/their designee is also authorized to make changes to the project as needed and approve all necessary contracts and agreements needed to transfer to the CDBG Revolving Grant Fund.

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

Page 2 of 2 ends

_____________________
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
4 NOTICE OF PUBLIC HEARING

COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING

CITY OF MALIBU

CITY COUNCIL
The Malibu City Council will hold a public hearing on MONDAY, February 26, 2024, at 6:30 p.m. on the item identified below in the Council Chambers at Malibu City Hall, located at 23825 Stuart Ranch Road, Malibu, CA, and via teleconference.

Public comment or alternative project suggestions can be submitted ahead of the public hearing to citycouncil~malibucity.orq for inclusion in the public record. The hearing will be conducted in the City Council Chambers, located inside City Hall on the First Floor; 23825 Stuart Ranch Road, Malibu, CA 90265. To view and participate during the public hearing, please review the meeting agenda posted at MalibuCity.orq/AqendaCenter and follow the directions for public participation.

Approval of the City of Malibu’s proposed allocation of Fiscal Year 2024-2025 Community Development Block Grant (CDBG) funds and CDBG funding from prior fiscal years.

The Council will consider the following proposed allocations:

The use of $9,791 in CDBG funds for Public Services under the Day Labor Exchange Program.

The use of $131,808 in CDBG additional funds for permanent trailer project for the Day Labor Exchange Program.

In Fiscal Year 2023-2024, the City Council allocated $64,640 for a permanent trailer for the Malibu Community Labor Exchange. Council will consider amending the scope of work for the project to provide for the construction of an office for the Day Labor Exchange Program, in addition to the increased funding for the project.

The estimated Fiscal Year 2024-2025 CDBG annual allocation for the City of Malibu is $141,817 and may fluctuate +1-2%.

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

RAISING ONLY THOSE ISSUES RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS

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

If there are any questions regarding this notice, please contact Deputy City Manager, Alexis Brown, at (310) 456-2489, ext. 300. Copies of all related documents can be reviewed by any interested person at City Hall during regular business hours. Oral and written comments may be presented to the City Council on, or before, the date of the meeting.

Alexis ~rd’~, ~eputy •ity Manager
Publish Date: February , 2024
Attachment #2
5

Page 1 of 2 ends

Agenda Item # 6.A.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Alexis Brown, Deputy City Manager
Reviewed by: Joseph D. Toney, Assistant City Manager
Approved by: Steve McClary, City Manager
Date prepared: January 25, 2024 Meeting date: February 26, 2024 Subject: Strategic Plan Project Update (Continued from February 12, 2024) RECOMMENDED ACTION: Receive and file a progress report on the Strategic Plan Projects.

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: At the September 27, 2023, City Council meeting, the City Council approved the City’s first Strategic Plan list to help focus and prioritize staff efforts on the most important projects that City staff need to work on. The list was the result of an extensive conversation between the Council and City staff leadership during a productive set of workshops conducted earlier in the year. That conversation identified the difficult challenge that exists with a finite staff and a large list of day-to-day work to complete in addition to a large demand to take on special projects to meet the demands of the community. All agreed that there are not enough human resources to take on all the many special project ideas that steadily arise, so a limited focused priority list was created to help direct staff to focus on 20 S.M.A.R.T. (Specific, measurable, achievable, results oriented, and time bound) goals. This focus is aimed at providing a realistic agreement between the Council and the staff as to how much work can be achieved during the project period.

This is a brand-new process for the City and will take some refinement over time to ensure the focus on an achievable list of priority projects can be maintained while still City Council Meeting
02-26-24
Item

6.A.
1

Page 2 of 2 ends

Agenda Item # 6.A.
allowing for inevitable emergency events that demand redirecting staff resources for periods of time. A regular update of the top projects every 2 months provides the opportunity to show both progress, and adjustments when unforeseen challenges result in a delay to timelines.

The attached project list provides a two month update as to the status of the top priority projects. Each project leader provided their update of progress achieved to date, and their anticipated future project timeline over the next six months for Council review.

ATTACHMENTS: Strategic Plan Project Tracking List
2 MALIBU PRIORITY PROJECT LIST 1

TITLE DEPT
Team
Members (Lead
in BOLD)
NARRATIVE Project Status Timeline (Next 6 Months)
Core Focus Day To Day Operations All All Top Focus of All Staff - Must be supported and completed before the rest of the priority list
Top Workplace
Culture -
Recruitment
and Retention
Malibu Culture -
Providing values
guidance for all Council,
Commission, and staff
for behavior and
treatment. Clarify roles
and scope of
Commissions and
confirm how new work
items can be generated.

All
Steve, Joe, City
Council Sub
Committee
Providing values guidance for all Council, Commission, and staff for behavior and treatment. Clarify roles and scope of Commissions and confirm how work items can be generated. Develop code of behavior - values to ensure there is a standard for treating one another in a kind and professional manner. This group would also clarify the roles of Commissions and the process for new Commission ideas and projects to be reviewed and approved or not approved.

First Policy Ad Hoc Committee meeting was held November 20, 2023. The Committee discussed Code of Conduct and will begin drafting a set of codes for consideration, and/or updating the established policy of Resolution 98-83.

November 13, 2023 - City Council adopted Resolution No. 23-51 authorizing for a One-Time winter closure of the City Offices for the period of December 22, 2023- December 1, 2024.

December 11, 2023 CC Meeting - Staff to bring forward proposed Agenda Reorder format and establish new start time.

City Values Statement/Code of Conduct - Subcommittee recommended to be formed Sept 27, Staff with two Council members to develop Commissions role/scope/training draft plan the City C Meeting March 11 2024 CC Meeting - Staff to bring forward an ordinance to formalize winter closure and adopt Juneteenth as a recognized holiday for the City of Malibu.

Top Workplace
Culture -
Recruitment
and Retention
Staff Compensation and
Benefits- Class Comp
Study - Including
Staffing Benefits
All
Joe Toney, MS
Staff, DH's
Classification and compensation studies review internal equity (pay relationships between positions) and external competitiveness (pay relationships with labor market competitors). HR staff will conduct a comprehensive classification and compensation study. Also review list of recommended staff benefits and get priority list for Council review and Approval
A project team of staff representing each department was formed. The Classification phase was conducted and now the consultant is building the comparison of Compensation to comparable agencies. It is anticipated the Study should be concluded near the end of the calendar year 2023.

Recommended Staff benefits were presented to the City Council on September 27, with guidance received. Items will be brought back to Council for formal adoption as is feasible. As an example, a Family Friendly Winter Closure was adopted by Council on November 13, 2023.

September 27 CC meeting - Develop Benefits, gain CC approval of final list of recommended staff benefits - Accomplished
March 11, 2024 CC meeting - Comp and Classification Study present recommendations.

April 24, 2024 CC Meeting - Salary and Benefits incorporated into the FY 2024-25 Proposed Budget. April 24 is the Budget Workshop.

PRESERVE

MALIBU'S
RURAL

RESIDENTIAL

CHARACTER
School District
Separation
MS Marianne and
Paul, Steve
McClary, Alexis
Brown, BBK
Team,
Pursuit of creating a Malibu School District by separating from the Santa Monica School District
Since the adoption of the new Workplan, the City of Malibu has participated in three mediations with SMMUSD on October 17, November 17, and November 29.

The parties continue to work through the revenue sharing agreement, operations agreement and are now working on draft special legislation language.

Next Mediation Date(s): March 5, 2024 and March 14, 2024 Update to City Council: February 26, 2024
Tentative Date of Unification- Fall of 2026

PRESERVE

MALIBU'S
RURAL

RESIDENTIAL

CHARACTER
Master Plan for City
Owned Vacant Lots
MS/PL Alexis Brown,
Joe Toney,
Richard M
To Happen Simultaneously: RFP & Selection of Community Outreach Firm, Launch of Community Outreach/Review & Update Previous Development Assessment.

Prepare for Geo Technical Studies based on Results of community outreach.

PLN: Planning staff is collecting all records related to City-owned parcels and previous determinations.

October 5, 2023 City issued an RFP for Community Outreach and Engagement for City Owned Vacant Lots. Nine proposals were received by qualified firms.

Evaluations of the proposals have been conducted and the top four firms were interviewed. Appropriation of additional funds requested to A&F Subcommittee.

A recommendation will be brought forward to the City Council for award on February 12, 2024.

Award of Contract - February 12, 2024 CC Meeting
(If awarded) the firm will begin meeting with City leadership and community stakeholders to design a comprehensive outreach plan.

Selected firm will begin outreach to obtain community input on vacant lots. Updates will be provided to the City Council.

Final Outreach and Engagement Outcomes Report estimated to City Council November 2024.

Attachment #1
3 MALIBU PRIORITY PROJECT LIST 2

TITLE DEPT
Team
Members (Lead
in BOLD)
NARRATIVE Project Status Timeline (Next 6 Months)

PRESERVE

MALIBU'S
RURAL

RESIDENTIAL

CHARACTER
Housing Element 6th
Cycle RHNA & 2021
Housing Element
Update
PL Richard M,
Adrian, Joyce
ParkerBozylinski
(Consultant)
Complete final steps to have Housing Element Approved by HCD/State The City completed two technical assistance meetings with HCD. An updated Draft Housing Element was completed and issued for public review and comment from January 8 to January 24, 2024. This review period exceed the 7-year review period required by the State.

Need to respond to incomplete letter. Currently gathering additional information. Meeting on August 30th with HCD to go over completion timeline. TBD what additional work is needed. Completed updated Draft Housing Element, City Council Study Session, and Public Review and Comment Period.

Staff and Consultant team incorporating public comments into the updated Draft Housing Element. The Draft will be submitted to the HCD for review by February 8, 2024.

Within 60 days they will issue comments. If additional comments are made by the HCD, any required revisions to the Housing Element, another update and review cycle will be required.

Hazard Tree Removal Program
9/31/23 – Complete program
10/31/23 – Submit grant reimbursement request
Home Ignition Zone Assessments
3/31/24 – Complete 40 assessments
Firewise Community Program
12/31/23 – Identify two neighborhoods that are interested 3/31/24 – Assist two neighborhoods in becoming certified ALPR cameras
10/31/23 – Complete an agreement with Edison to place cameras on their poles
12/31/23 – Install all solar powered cameras slated for Edison poles 1/31/24 – Establish work plan to convert solar powered cameras to hardwire cameras
Emergency Plan Updates
10/31/23 - Conduct community input meeting on the Draft Hazard Mitigation Plan (HMP)
11/30/23 – Receive, review and provide feedback on first draft of updated Emergency Operations Plan (EOP)
12/31/23 - Receive and provide feedback on draft HMP. Receive updated EOP for final review.
1/31/24 - Receive updated HMP for final review. Take EOP to Disaster Council for approval
Public Safety Public Safety Projects -
Key Public Safety
Projects
PS Susan Duenas,
PS team
members
Hazard Tree Removal Program – Complete scheduled hazard tree removals and pursue additional funding.

Home Ignition Zone Assessments – Complete scheduled Home Ignition Zone Assessments and promote program.

Firewise Community Program – Encourage and assist Malibu neighborhoods to become Firewise Communities (mitigates fire risk and provides discount on insurance).

ALPR cameras – Finish installing solar powered ALPR cameras on Edison poles and then begin process to have them hardwired.

Emergency Plan Updates – Work with consultants to update the Emergency Operations and Hazard Mitigation Plans and bring to City Council for adoption. (both are required for disaster reimbursement)
EOC equipment – Test all EOC equipment and update as needed.

EOC training – Provide basic and advanced Emergency Operations Center (EOC) training for all staff, and host pre- fire season meeting with partner agencies.

Encampment Management – Work with the Sheriff’s Department to ensure encampments are cleared from the hillsides.

Emergency Supply Bins – Ensure that all community emergency supply bins are organized and stocked appropriately and Information Stations are ready to be deployed.

Communications – Test all current communication capabilities, including disaster notifications systems, satellite phones and radios, work with KBUU to expand broadcast radio capabilities, and develop and train staff on communication procedures.

Sheriff Substation - Increased staffing and telecommunications for Substation at Santa Monica College
Hazard Tree Removal Program – An additional $326,000 was awarded and accepted by the City Council on 1/22/24. Prior year's program completed and grant reimbursement requested.

Home Ignition Zone Assessments – Completed 31 assessments Firewise Community Program – Actively assisting three neighborhoods.

ALPR cameras – Still waiting for Edison to provide contract.

Emergency Plan Updates – Reviewed draft emergency plan and hazard mitigation plan and provided edits. The Hazard Mitigation Plan is posted for public input.

EOC equipment – EOC management system vendor is scheduled to provide training for City staff.

EOC training – Conducted basic EOC Training and scheduled EOC exercise Encampment Management – Encampment on Paseo Hidalgo has been cleared.

Emergency Supply Bins – CERT Team organized City Hall bin and new supplies for other bins are on order.

Communications – CUP and CDP for KBUU antenna at Bluffs Park is in process.

Sheriff Substation - No update at this time. Staffing shortages and the tower are still cited as obstacles.
4 MALIBU PRIORITY PROJECT LIST 3

TITLE DEPT
Team
Members (Lead
in BOLD)
NARRATIVE Project Status Timeline (Next 6 Months)
2/29/24 – Take EOP to City Council for approval. Submit to HMP to FEMA for approval
3/31/24 - Agendize item to have City Council approve HMP EOC equipment
12/31/23 – Secure a consultant to assist in building out EOC management system (DLAN)
3/31/24 – Complete build out of EOC management system
EOC training
10/31/23 – Provide an EOC exercise for all City staff
11/30/23 – Host Fire Season meeting with partner agencies Encampment Management
10/31/23 – Clear all hillside encampments within the City.

Emergency Supply Bins
1/31/24 – Update supplies in the Trancas, Point Dume and Malibu High bins
3/31/24 – Update supplies in the Webster, City Hall and Las Flores bin Communications
10/31/23 – Establish MOU and Agreement with KBUU for emergency communications
12/31/23 – Secure vendor to install mast at Bluff’s Park for KBUU booster 3/31/24 – Complete installation of KBUU booster antenna Sheriff Substation
12/31/24 – Staff the Sheriff’s Substation
3/31/24 – Evaluate staffing at Substation and identify any deficiencies

EFFICENT AND

EFFECTIVE CITY

SERVICES
Development Services
Report -
Implementation

MS/PL/ESD/
PW
Joe Toney,
Richard M,
Yolanda B, Rob
D,
Received Consultant Report. Present to City Council, develop implementation plan, assign resources and timelines for implementation tasks.

City Manager will provide a memo summarizing the implementation plan and what is currently under way, next steps, and items that are long term. Memo should be provided end of Nov/beginning of December.

ESD, PL, and PW: Continue to coordinate with CM office.

The Study and Implementation Plan currently being worked on. Summary memo provided to Council on December 11, 2023. New Queue Management System for front Counter implemented beginning of January 2024, helping with organization and in-person flow.

Updates to the plans submittal process (digital) are in development and expected to go live by March 2024. New workflow software acquisition (Bluebeam) development underway and expected to go live by May 2024.

EFFICENT AND

EFFECTIVE CITY

SERVICES
Development Services
Updated Software - 1st
stage Blue Beam, 2nd
stage Land Management
System

PL/PW/ESD/

MS (IT)
Joe Toney,
Richard M,
Yolanda B, Rob
D,
Implementation of Blue Beam software to support streamlined digital Plan submission and processing. To be completed this fall. Later focus on implementing a new Land Management System (LMS). This LMS will allow efficient data entry of information required for permit issuance and plan review.

Additionally, the public will be able to view project statuses. Once implemented, the program will significantly reduce staff time to issue permits, complete plan review, and research projects, thereby increasing the overall efficiency of the department.

Agreement signed under City Manager authority to initiate a review, custom workflows, training, and implementation schedule with Bluebeam Consultant. this portion should take up to 12 weeks.

ESD, PL, and PW: Continue to coordinate with CM office. Departments have been updating the digital document submittal software to replace the existing method.

Current phase of Bluebeam development initiated (work flows, process build, training) and expected to go live by May 2024.

Land Management System - working on bringing on a Project Consultant (as recommended in Baker Tilly report) to help develop timelines and lead project, by June 2024. Kick-off project during the current calendar year.
5 MALIBU PRIORITY PROJECT LIST 4

TITLE DEPT
Team
Members (Lead
in BOLD)
NARRATIVE Project Status Timeline (Next 6 Months)

PRESERVE

MALIBU'S
RURAL

RESIDENTIAL

CHARACTER
Malibu High School CDP PL Richard M,
Adrian
Coastal Commission to Hear CDP in Sept 8th meeting for potential code amendments. Planning Commission to consider Phase 1 Coastal Development Permit September 5th. If Coastal approves code amendments on Sept 8th then will bring to City Council at October 9th meeting. 2nd reading to happen October 23 CC meeting
Complete - Staff completed the necessary hearings on the timeline proposed and the CCC certified the LCPA at its November hearing and the City received the notice of final action. The Planning Department is now monitoring the postapproval environmental and entitlement conditions as contained in Resolutions 2- 33 and 23-48.

Coastal Commission heard CDP in Sept 8th Coastal Comm meeting for potential code amendments. Planning Commission to consider Phase 1 Coastal Development Permit September 5th PC meeting. If Coastal approves code amendments on Sept 8th Coastal Comm meeting then will bring to City Council at October 9th CC meeting. 2nd reading to happen October 23 CC meeting
Staff will conduct post-approval monitoring of environmental and entitlement conditions.

PRESERVE

MALIBU'S
RURAL

RESIDENTIAL

CHARACTER
Permanent Skate Park
Design - Approval
CS/PL/PW Kristin, Tyler,
Rob D.

Skatepark Preliminary Design and site amenities were recommended by the Parks and Recreation Commission for approval by the City Council. Staff will process the CDP application and EIR documents before construction of the project begins.

The Environmental Review Board analyzed the Final EIR Addendum No.3 in October 2023. In November 2023, the Planning Commission reviewed the final design, certified Addendum No. 3 of the Final EIR, and approved Coastal Development Permit No. 23-001 to construct the 12,500 square foot Skatepark and associated development. In December 2023, a project appeal was filed. In January 2024 Council approved California Skateparks Addendum No. 3 to fund design and engineering for the irrigation restroom facility. February 2024 Council will review the appeal. March 2024 staff will work with the skatepark designer, California Skateparks, to finalize the construction documents for the Public Works bid package.

Planning Entitlement: The entitlement process in still in progress. On November 30, 2023, the Planning Commission approved the coastal development permit for the project. However, the Planning Commission's approval was appealed.

March 2024 Council will designate funds for the final project. March 2024 staff will work with skatepark designer, California Skateparks, to finalize construction documents for the bid package. April 2024 the Parks and Recreation Commission and Malibu skate community will begin fundraising efforts.

Planning Entitlement - A City Council public hearing to consider the appeal of the Planning Commission's approval of the coastal development permit will be held on February 26, 2024.

In September 2018, the Planning Commission held a public hearing on this item, provided its recommendation on the draft ordinance, and directed staff to come back with a final recommendation. In Fiscal Year 2019-2020, the Planning Commission hearing on the updated draft ordinance was postponed in order to address changes in State law that became effective January 1, 2020. During Fiscal Year 2020-2021, staff incorporated the guidance received from the California Coastal Commission (CCC) and State into a draft ordinance which will be presented to the Planning Commission and City Council. In Fiscal Year 2021-2022, the City received a Local Early Action Planning (LEAP) grant to implement technological improvements to streamline the ADU permit application process. In Fiscal Year 2022-23, staff will submit the Local Coastal Program Amendment (LCPA) to the CCC for certification and monitor the progress of the LCPA review by the CCC. Staff will also administer and implement the LEAP grant.

ESD: SB 897: Accessory Dwelling Units (ADU) / Junior Accessory Dwelling Units (JADU). Effective in 2023, SB 897 prohibits a local agency from denying a permit for an ADU due to nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety. It also prohibits the denial of a permit for an unpermitted ADU that was constructed prior to January 1, 2018, due to a violation of building standards unless the local agency makes a finding that correcting the violation is necessary h h l h d f f h bl
Staff is currently working on that feedback and anticipates returning to the Council by January 2024. Then submit to HCD and Local Coastal Program amendments will be submitted to the California Coastal Commission.

Staff is currently preparing the LCP amendment submittal to the California Coastal Commission for its review. Staff anticipates receiving comments.

PRESERVE

MALIBU'S
RURAL

RESIDENTIAL

CHARACTER
Accessory Dwelling Unit
(ADU) Ordinance
ESD/PL Richard, Tyler,
Joyce
(Consultant)
PLN: Staff presented the ADU ordinance to the Council in September, November and December 2023. The Council conducted the second reading on January 8, 2024. The Ordinance is subject to the California Coastal Commission's LCP amendment certification review process and will not become effective until the amendment is certified.

ESD: Continue to assist PL as needed.
6 MALIBU PRIORITY PROJECT LIST 5

TITLE DEPT
Team
Members (Lead
in BOLD)
NARRATIVE Project Status Timeline (Next 6 Months)
or occupants of the structure. SB 897 states that the construction of an ADU cannot have a Group R Occupancy Change under the local building code unless the enforcement agency makes a written finding based on substantial evidence in the record that the construction of an ADU could have a specific, adverse impact on public health and safety. SB 897 also states that the construction of an ADU on a property does not trigger a requirement for fire sprinklers in the proposed or existing primary dwelling. Finally, the bill requires a permitting agency to approve or deny an application for an ADU or JADU within 60 days of receiving the application.

ENHANCE

ENVIRONMENT

AL EFFORTS /

PROTECT AND

IMPROVE
WATER

RESOURCES
Coastal Vulnerability
Assessment
ESD/PL Yolanda In September 2019, Council awarded a professional services contract for the development of a coastal vulnerability assessment. ESD staff and its coastal engineering consultants are working to perform an assessment of vulnerabilities along the local shoreline due to erosion and sea level rise to help inform City planning efforts by identifying impact thresholds at which significant planning areas, assets or coastal resources could be impacted by sea level rise. The consequence of the identified impacts will also inform City policies and programs to help minimize risk to important infrastructure, basic services and valuable resources. The vulnerabilities and consequences identified in this assessment will be used to facilitate prioritizing planning efforts to account for the urgency (time horizon) of each impact, and the importance of each impact on the community and resources. The first planned public workshop to solicit community input was postponed due to COVID-19. Due to the delay of the workshops, the Coastal Vulnerability Assessment agreement was extended to 10/01/23; however, the consultants remain on hold while staff internally reviews draft documents.

Phase 1 of the Assessment project was completed November 16, 2023. An inperson public workshop was held on November 14 at City Hall, and a virtual public workshop was held on November 16 via Zoom and live streamed at Santa Monica College to present the results of the technical study and show projected sea level rise scenarios along Malibu's coast. To encourage public participation, a rigorous outreach campaign was conducted in October-November 2023 to include sending over 3,000 postcards, 800 emails, and 332 calls to coastal residents, 1:1 meetings with stakeholders at City Hall or Zoom, social media, website newsflash, newspaper ad, radio, and a press release. ESD has entered Phase 2 of the project and follow-up meetings with stakeholders have begun. The City and USC Sea Grant-hosted site visits to beaches during the King Tide for additional project feedback. The second workshop has been scheduled for February 15. This workshop will be in-person at City Hall and it will summarize findings from the technical report, present Coastal Vulnerability public survey findings, discuss regulations, and be used to understand how the community wants to move forward Project remains on track to meet expected deadlines. Rigorous outreach will be conducted in the same manner as Phase 1
Sept 11 CC Meeting - Agreement Extension brought for approval.

Outreach material to be released upon agreement approval. Public workshop to be conducted by Feb 2024. Project remains on track with expected deadlines.

PRESERVE

MALIBU'S
RURAL

RESIDENTIAL

CHARACTER
Exterior Elevated
Elements (SB 326)
ESD Yolanda Exterior Elevated Elements. SB 326 (Civil Code Section 5551) requires Associations and multi-family properties to conduct regular inspection of balconies and other exterior structural elements supported by wood or wood-based products.

Commonly referred to as the “balcony bill,” exterior elevated elements must be evaluated, inspected, and repaired, if necessary. Any Association with three or more dwelling units in a building must comply with this law. The reason for SB 326 was a tragic accident that claimed six lives and injured several others due to the failure of building components. The State seeks to prevent future injuries and loss of life.

Research was conducted on SB 326, SB 721, and other municipality's existing programs. With assistance from the City Attorneys office, staff has drafted the Exterior Elevated Elements (E3) ordinance. This item is scheduled for the February 12, 2024 Council meeting.

Set up implementation steps for a City program.

Begin education and outreach to the Community over first 6 months of 2024. Project remains on track to meet expected deadlines.

ENHANCE

ENVIRONMENT

AL EFFORTS /

PROTECT AND

IMPROVE
WATER

RESOURCES
Update Geotechnical
and Coastal Engineering
Guidelines
ESD Yolanda Update the City’s Geotechnical and Coastal Engineering Guidelines. Staff will work with the City’s geotechnical consulting firm to update the existing Geotechnical Guidelines to be consistent with new 2023 codes and ordinances and the standard of care in the geotechnical industry.

Staff continues to work with the City’s geotechnical consulting firm to update the existing Geotechnical Guidelines. Draft guidelines are under review internally.

Due to the continued effort to prioritize Woolsey Fire rebuilds, including fire rebuild revisions that are under construction, and the expected increase of incoming projects into the Building Division from the Planning Department, ESD has implemented new deadlines for this project.

Work with coastal engineering consultants to complete draft guidelines.

Release guidelines to public for comments by Mar 2024.
7 MALIBU PRIORITY PROJECT LIST 6

TITLE DEPT
Team
Members (Lead
in BOLD)
NARRATIVE Project Status Timeline (Next 6 Months)
FISCAL

SUSTAINABILITY
AND

TRANSPARENCY
Finance Operations -
Fee Schedule Update
MS Joe T, Renee, The City derives its annual revenue from a number of sources, one type of which is user and regulatory fees. User and regulatory fees are intended to cover all or portion of the costs incurred by the City for providing fee-related services and activities that are not otherwise provided to those not paying the fee. The last time a study was conducted was June 2015. Finance staff will conduct a comprehensive fee study in order to update the fees.

Council Awarded (November 13, 2023) the agreement to Matrix Consulting Group, Ltd., to conduct the Fee Study. Study will kick-off in December and will take an estimated 4 months. Target to implement results for FY 2024-25, July 1, 2024.

RFP closed Aug 2023, review and select firm, likely award by the November 13th Council meeting - accomplished
January 2024 - project kicked-off with initial data collection.

July 2024 - Implement new Fee Schedule

EFFICENT AND

EFFECTIVE CITY

SERVICES
Information Technology
Strategic Plan
Implementation
MS Joe T, Rob H,
Mario, Mahan,
Ian
RFP sent out to have a consulting firm provide an organization wide IT Strategic Plan. Selected firm will meet with all stakeholders, review current IT infrastructure and configuration and provide recommendations for improvement.

Council Awarded (October 23, 2023) the agreement to SDI ., to conduct the Assessment and Strategic Plan. Kick-off at beginning of December.

October 23 CC meeting - Bring Consultant contract for award. - accomplished
November 2023 - April 2024 consultant will research, investigate, and interview to prepare a complete IT strategic plan for CC presentation by April 2024

PRESERVE

MALIBU'S
RURAL

RESIDENTIAL

CHARACTER
Malibu Community
Labor Exchange
Permanent Office
MS/PW/PL Alexis, Adrian,
Rob D, MCLE,
Complete Wastewater allocation transfer, CDP and CUP processing, get foundation designed, develop specs for modular office build for RFP bid, coordinate with SMC and County to connect their underground utilities. Work with MCLE and CDBG to obtain Revolving Loan to cover construction costs The City has received authorization from CDBG to utilize the professional services of Kimley Horn (KH) withing the scope of the City's existing contract. KH is doing the engineering design for the foundation/pad and permanent office. Once completed, the City will issue a bid for the construction of the foundation and installation of the permanent office. Santa Monica College (SMC) and County are working on the design and construction of the underground utilities.

Design and Engineering of Office pad has been initiated. Santa Monica College is working on engineering and construction to prepare the ground and bring utilities to permanent office site. Construction Bid for manufactured Office to be released by February 30, 2024. Wastewater Allocation to be brought forward to City Council on February 26, 2024.

ENHANCE

ENVIRONMENT

AL EFFORTS /

PROTECT AND

IMPROVE
WATER

RESOURCES
Civic Center Water
Treatment Facility -
Phase Two (CCWTF)

PW/MS/PL/
ESD
Rob D The construction of CCWTF Phase One was completed in Fiscal Year 2018-2019.

The design of Phase Two began in Fiscal Year 2019-2020. Phase Two expands the wastewater collection and recycled water system to include properties in Malibu Colony, the condominiums on Civic Center Way, HRL Laboratories, and a portion of the Serra Canyon neighborhood. In addition, the treatment plant will be expanded to treat the additional wastewater from these properties. The work will include preparing a CDP, construction plans, project specifications and cost estimates. In order to meet the currently mandated completion date of 2024, the project would need to begin construction in 2022. In February 2022, Council directed staff to seek an extension to the MOU between the City and the Regional Board regarding the implementation of Phase 2. The City sent a letter to the Regional Board seeking an 8-month time extension. In addition, an assessment district will need to be formed to fund the project in Fiscal Year 2022-23. To help fund the project, staff is seeking grants and low interest loans.

PW: Staff met with the Regional Board about the issues encountered from the Cultural Resource discovery within the project limits and how this discovery will have a significant impact on the delivery of this project. Due to the recent discoveries, the Regional Board is willing to modify the boundaries of Phase 2 to remove those properties that are impacted with this impact. Staff is currently working with the Regional Board on how the Phase 2 boundaries can be modified so that the project could move forward. ESD: Continue to coordinate with PW as needed. Provided OWTS tracking (including system type) for Serra Retreat.

PLN: Continue to coordinate with PW as needed. The Project will require an Addendum to the Final EIR and CDP hearing.

Project delayed do to requirement to develop a cultural resource monitoring plan. The City and State Water Board will work on plan and anticipate plan completion by mid 2024. This date will be modified on a revised Phase Two boundary map. New completion dates and a revised MOU will be developed and submitted to the Council for approval.

PRESERVE

MALIBU'S
RURAL

RESIDENTIAL

CHARACTER
PCH Signal
Synchronization Project
PW Rob D. This project will install communication between the existing traffic signals on PCH, from Topanga Canyon Road to John Tyler Drive, and connect the signals back to the Caltrans Traffic Management Center, allowing Caltrans to control and operate the signals and the signal system remotely. The City acquired consultants and is managing the design, the permit process with Caltrans, and the construction phase of the project. Funding for the design and construction of this project is provided through Measure R funds administered by LA Metro.

Project is proceeding per plan without any issues. Awaiting delivery of critical items. Expect completion of conduit installation by Feb 2024
8

Page 1 of 5 ends

Agenda Item # 6.B.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Brandie Ayala, Administrative Analyst
Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: January 11, 2024 Meeting date: February 26, 2024 Subject: Wastewater and Recycled Water Rate Study and Proposed Rates RECOMMENDED ACTION: 1) Receive presentation on the 2024 Wastewater and Recycled Water Rate Study; 2) Authorize the mailing of the Proposition 218 notices to the affected property owners; and 3) Direct staff to schedule a Public Hearing for the April 22, 2024 City Council meeting to establish wastewater and recycled water service rates for Fiscal Years 2024-25, 2025-26, 2026-27, and 2027-28.

FISCAL IMPACT: There is no fiscal impact with these recommended actions and no additional appropriation is required. All operation and maintenance expenses associated with the Civic Center Water Treatment Facility (CCWTF) will be paid by the revenue generated by the wastewater and recycled water service charges. Funding for costs associated with City-owned properties will be included in future year budgets.

In FYs 2018-19 and 2019-20, a General Fund Loan in the amount of $302,934 was used to cover the additional expenses to operate and maintain the CCWTF. On May 11, 2020, City Council directed staff to treat the excess operating costs of the CCWTF as a loan from the General Fund to CCWTF Operations and Maintenance Fund with a repayment term of three years commencing in FY 2021-22. The last payment of this loan was concluded in FY 2023-24.

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

DISCUSSION: In October 2018, Phase 1 of the Civic Center Wastewater Treatment Plant (CCWTF) was completed. The properties within Phase 1 connected their private City Council Meeting
02-26-24
Item

6.B.

Page 2 of 5 ends

Agenda Item # 6.B.
wastewater lines to the City’s wastewater collection system and the City began collecting wastewater and recycled water service fees. The wastewater and recycled water service rates were established in July 2017 to provide sufficient revenue to offset the associated operation, maintenance and management costs.

The revised wastewater and recycled water services rates were adopted in June 2021 for FYs 2021-22, 2022-23 and 2023-24. These revised rates are set to expire June 30, 2024.

The revised wastewater and recycled water service rates need to be adjusted to collect the necessary revenue to offset the actual operation, maintenance and management costs for future fiscal years. These proposed wastewater and recycled water service rates will be in place for four years or until CCWTF Phase 2 is completed. At that time, these wastewater and recycled water service rates will need to be adjusted to account for the additional properties connected to the CCWTF.

Budget
An analysis of the actual operation, maintenance, and management costs are required to provide adequate wastewater and recycled water service rates. In November 2023, Water Resources Economics (WRE) was retained to review the data and prepared an update to the wastewater and recycled water service rates. WRE considered previous rate studies, actual expenses from the last few years and projected operating, maintenance, and management expenses for the next four fiscal years.

Staff provided WRE proposed budget information including the following:

1. Contract Costs: Actual costs for the operation and maintenance identified in the City’s contract with Integrated Performance Consultants, Inc., who perform the operation and maintenance of CCWTF. Generally, these costs include the actual labor to operate the system. Staff also considered that the maintenance and operation contract must be updated in 2026.

2. Pass-through Costs: Reimbursable expenses by the CCWTF operator and not included in the Contract Costs. These items include chemicals, replacement of equipment, fuel for the backup generators, and the removal and disposal of biosolids.

3. Direct Costs: Additional expenses the City will incur operating, maintaining, and managing the CCWTF including utilities, insurance, operating supplies, and water quality monitoring.

The CCWTF projected total budget for FY 2024-25 is approximately $2.2 million and will be included in the proposed budget.

FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28
Proposed Budget $2,205,350 $2,459,454 $2,493,458 $2,531,519

Page 3 of 5 ends

Agenda Item # 6.B.

Wastewater Rates
The objectives used in developing the recommended rates were based on an equitable sharing of the wastewater costs and actual services provided.

In January 2016, the City Council established Assessment District 2015-1 (Assessment District). This Assessment District provided a method of equitable distribution of the design and construction costs based on the estimated flow and strength of the wastewater contributed by each parcel within the district. To be consistent, the current wastewater and recycled water service rates were developed using the same methodology used in the Assessment District. This ensures a fair and equitable distribution of the operation, maintenance and management of the wastewater, recycled water, and injection wells systems.

Equivalent Dwelling Units (EDUs) allow the development of a base unit to which all parcels are compared and service rates to be established. For example, a standard home is represented by the number of fixtures, wastewater flow and strength. A restaurant is then defined by how many standard homes, or EDUs, its flow is equal to. An analysis was created to arrive at a standard EDU for wastewater service rate using a similar methodology used in the Assessment District. Each parcel would pay a monthly service rate based on how many EDUs the parcel’s flow and strength would be equal to. For example, Malibu City Hall has 6.36 EDUs. The following table shows the calculated EDUs for Phase 1:

EDUs Percent
Developed Parcels 378 71%
Undeveloped Parcels 154 29%
Total 532 100%
Since vacant parcels will not be using wastewater and recycled water services until they are developed, the vacant parcels will not be factored into the development of the wastewater rates under Proposition 218. The total annual budget was divided by developed EDUs to calculate the monthly cost per EDU (Annual Budget / 378 EDU / 12 months).

Budget Category FY2025 FY2026 FY2027 FY2028
Contract 1,155,000 1,443,750 1,443,750 1,443,750
Pass-Through Costs 437,935 378,789 408,005 441,093
Direct Costs 612,415 636,915 641,703 646,676
Total $2,205,350 $2,459,454 $2,493,458 $2,531,519
Wastewater Rate ($/EDU) $516.57 $526.91 $537.45 $548.20

Page 4 of 5 ends

Agenda Item # 6.B.

The total monthly charge for each parcel is determined by multiplying the EDU rate by the total EDUs for each parcel. The proposed wastewater service rate will remain in place until June 30, 2028. At that time, Phase 2 of the project will be almost complete, and the City will refine the budget as well as adjust the rates based upon the number of developed parcels in Phase 1 and Phase 2.

Recycled Water Rates
The CCWTF treats wastewater to a level at which it can be used for recycled water. The treated wastewater is disinfected and sent to the recycled water system. If there is a surplus, the recycled water will be injected into the ground through the injection wells.

There is a minimal difference in operation and maintenance costs between groundwater injection and recycled water distribution costs. Based upon this analysis and input from stakeholders, property owners within Phase 1 would receive their wastewater flow back as recycled water (minus a 5% loss in the treatment process) at no additional cost. However, recycled water rates need to be established based on those property owners who exceed their allocations and for those property owners outside the Phase 1 boundary who wish to purchase recycled water.

The recycled water rates will be split up into the following categories and tiers:
 Inside Assessment District – This rate includes those properties located within the boundary of Phase 1.
o Tier 1 - Recycled water equal to the Phase 1 property owner’s wastewater flow minus 5-percent due to water loss
o Tier 2 - Excess usage by Phase 1 property owners beyond their wastewater flow.
 Outside Assessment District – Those property owners who seek to purchase recycled water outside the boundary of Phase 1.

The recycled water rates are calculated to recover the capital, operations and maintenance costs associated with the wastewater to meet the requirements for recycled water. Under the Inside Assessment District category, rates were calculated to be $2.47 per hundred cubic feet.

Since those properties located outside the Assessment District did not contribute to the capital costs, those costs as well as the operation and maintenance costs will need to be recovered under the Outside Assessment District category. Those rates were calculated to be $6.13 per hundred cubic feet. This rate is lower than Los Angeles County Waterworks District No. 29 usage rate of $9.19.

Page 5 of 5 ends

Agenda Item # 6.B.

These recycled water rates will be in effect through June 30, 2028.

FY2025 FY2026 FY2027 FY2028
Inside District
Tier 1 $0.00 $0.00 $0.00 $0.00
Tier 2 $2.47 $2.83 $2.88 $2.93
Outside District $6.13 $6.49 $6.54 $6.59
Any additional revenue generated by the recycled water rates will offset future operation and maintenance budgets and could reduce the need for future rate increases.

Proposition 218
In July 2006, the California Supreme Court determined that water and wastewater service charges are property related charges and therefore are subject to Proposition 218 procedural requirements. Proposition 218 procedures require notices to be mailed to each property owner 45 days prior to public hearing on any proposed fee increase. Proposition 218 prohibits the adoption of a fee increase if a majority of property owners protest in writing. Under Proposition 218, the fee must not exceed the proportional cost of the service attributable to the property.

A detailed notice of the proposed wastewater and recycled water rate adjustments will be mailed to all property owners within the service area 45 days before the April 22, 2024 Public Hearing date.

Staff recommends City Council authorize the mailing of the Proposition 218 notices to the affected property owners and direct staff to schedule a Public Hearing to be held on April 22, 2024, City Council meeting establishing the wastewater and recycled water service rates for FYs 2024-25, 2025-26, 2026-27 and 2027-28.

ATTACHMENTS: None.

Page 1 of 2 ends

Agenda Item # 6.C.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Cynthia Alba, Executive Assistant
Approved by: Steve McClary, City Manager
Date prepared: February 01, 2024 Meeting date: February 26, 2024 Subject: Mid-Year Commission Activity Reports
RECOMMENDED ACTION: 1) Receive and file mid-year activity reports from the Harry Barovsky Memorial Youth Commission, Malibu Arts Commission, Parks and Recreation Commission, Public Safety Commission, and Public Works Commission; and 2) Amend Commission assignments for Fiscal Year 2023-2024, if appropriate.

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

Additional funds may need to be allocated if changes are made to any Commission’s Work Plan.

STRATEGIC PRIORITY: This item was not included in the Adopted FY 2023-24 Strategic Priority Project List. This project is part of normal staff operations.

DISCUSSION: At its June 26, 2023 Regular meeting, the City Council approved FY 2023- 24 assignments for the City’s Commissions (excluding the Planning Commission). In an effort to improve communication between the Commissions and the Council, and to keep the Council informed of the Commissions’ efforts on behalf of the City, the Council requested mid-year written reports from each Commission.

The Commissions met regularly during the first half of the year and focused their work plans on accomplishing the tasks listed in the assignments. Attached are summaries of commission activities from the first half of the year (July through December 2023), along with the corresponding FY 2023-24 assignments for each Commission.

Following review of the mid-year reports, the Council may take this opportunity to amend assignments for the remainder of the year, if appropriate, for any of the Commissions.

City Council Meeting
02-26-24
Item

6.C.
1

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Agenda Item # 6.C.

The Commission Chairs will be asked to attend this meeting to answer questions from the Council or provide additional clarification of the accomplishments included in the reports.

ATTACHMENTS:

1. Harry Barovsky Memorial Youth Commission Activity Report

2. Malibu Arts Commission Activity Report

3. Parks and Recreation Commission Activity Report

4. Public Safety Commission Activity Report

5. Public Works Commission Activity Report

6. Commission Assignments 2023-2024
2 City of Malibu

M E M O R A N D U M
Attachment #1
TO: Mayor Uhring and Honorable Members of the Malibu City Council FROM: Chair Loquet and Members of the Youth Commission
DATE: December 7, 2023
SUBJECT: Youth Commission Mid-Year Activity Report
As directed by the City Council at its June 26, 2023 Regular meeting, the Youth Commission submits the following summary of its activities during the first half of Fiscal Year 2023-2024 (July through December), approved at the Commission's Regular meeting on December 7, 2023:
• Volunteered twenty hours of community service at various City events hosted through the Community Services Department including the Tiny Tot Olympics and the Halloween Bu Bash Carnival.
• Hosted a CineMalibu movie night on October 13, 2023. The Commission collected over 50 new pairs of socks, which were donated to the non-profit organization, LA On Cloud 9.
3 Attachment #2
City of Malibu

M E M O R A N D U M
To: Mayor Uhring and Honorable Members of the Malibu City Council From: Chair Lawrence and Members of the Malibu Arts Commission Date: January 23, 2024
Re: Malibu Arts Commission Mid-Year Commission Activity Report As directed by the City Council at its June 26, 2023 Regular meeting, the Malibu Arts Commission submits the following summary of its activities during the first half of Fiscal Year 2023-2024 (July through December), approved at the Commission’s Regular meeting on January 23, 2024:
• Closed the Shifting Tides exhibition on August 25, 2023, and curated two exhibitions at the Malibu City Gallery. The Wes Van Dyke exhibition, Vistas, opening reception took place in September 2023 and included original works from a single artist. The Dick Van Dyke – Moments in Time exhibition by Laura Johansen occurred from November 2023 to January 2024. Established criteria for future exhibitions and have curated 18 exhibitions since 2018. • Provided feedback regarding marketing, website, and social media content. • Received updates regarding the Arts in Education program, which included multi-week poetry workshops at Malibu Elementary School, Webster Elementary School, Malibu Middle School, Malibu High School, and virtually for distance learning students. • Received updates on the annual Student and Art Anthology publication, which includes participation from over 70 student artists.
• Met with Malibu Chamber of Commerce members to discuss partnership opportunities with local businesses to promote local artists.
• Recommended Nathan Hassall as the 2023-25 Malibu Poet Laureate for City Council approval. The Commission worked with the Poet Laureate Committee to provide complimentary poetry workshops and poetry writing sessions for adults. • Reviewed and provided feedback on the Malibu City Gallery Temporary Art Collection program guidelines.
• Provided staff with feedback regarding art events, programs, and projects. • Provided Commission updates to the City Council.
4 City of Malibu

M E M O R A N D U M
Attachment #3
TO: Mayor Uhring and Honorable Members of the Malibu City Council FROM: Chair Jenner and Members of the Parks and Recreation Commission DATE: January 16, 2024
SUBJECT: Parks and Recreation Commission Mid-Year Activity Report As directed by the City Council at its June 23, 2023 Regular meeting, the Parks and Recreation Commission submits the following summary of its activities during the first half of Fiscal Year 2023- 2024 (July through December), approved at the Commission’s Regular meeting on January 16, 2024:
• Reviewed and provided feedback regarding Community Services Department programs and projects.
• Reviewed bi-monthly staff updates and provided input on outreach programming regarding the Legacy Park Rehabilitation Project.
• Reviewed and recommended the Earth Friendly Management Policy activities report for the third and fourth quarters covering January to June 2023 for the City Council to review. • Reviewed and provided feedback regarding adding permanent restrooms to the Permanent Skate Park design.
• Reviewed and provided feedback regarding the design of the Malibu Bluffs Park Permanent Snack Shack.
• Provided feedback regarding monthly staff updates on parks, programs, facilities, and projects.
• Created an Ad Hoc Committee to review the selection process of contract class instructors and aquatic programming.
• Provided verbal updates at City Council meetings regarding Commission activities 5 City of Malibu

M E M O R A N D U M
Recycled Paper
Attachment #4
TO: Mayor Uhring and Honorable Members of the Malibu City Council FROM: Chair Frost and Members of the Public Safety Commission DATE: January 2, 2024
SUBJECT: Public Safety Commission Mid-Year Activity Report As directed by the City Council at its June 26, 2023, Regular meeting, the Public Safety Commission submits the following summary of its activities during the first half of Fiscal Year 2023-2024 (July through December), approved at the Commission’s Regular meeting on January 2, 2024:
• Reviewed public safety concerns due to speeding in Las Flores Canyon and Rambla Pacifico Street and received a report on enforcement and speed calming measures. • Conducted the annual review of services provided by the County of Los Angeles Sheriff’s Department, Fire Department, Lifeguards, and Malibu Volunteers on Patrol (VOP), including the final summary report of the 2023 Summer Beach Enforcement Operation. • Received a report on staff efforts to support the recognition of new Firewise Communities and provided input on a Cal Fire Wildfire Prevention Grant application. • Reviewed the Homelessness Task Force Charter and its assignments that were transferred to the Commission.
• Received a report from The People Concern, the City’s homeless services provider, and provided feedback to staff.
• Reviewed current parking enforcement efforts and options for increased parking enforcement and provided a recommendation to the City Council to consider contracting for parking enforcement.
6 City of Malibu

M E M O R A N D U M
Recycled Paper
Attachment #5
TO: Mayor Uhring and Honorable Members of the Malibu City Council FROM: Chair Dittrich and Members of the Public Works Commission DATE: January 24, 2024
SUBJECT: Public Works Commission Mid-Year Activity Report As directed by the City Council at its June 26, 2023 Regular meeting, the Public Works Commission submits the following summary of its activities during the first half of Fiscal Year 2023-2024 (July through December), approved at the Commission’s Regular meeting on January 24, 2024:
• Provided suggestions to staff regarding elements to be included in the Neighborhood Beautification Program on City owned property.
• Received an update on the Morning View Drive Resurfacing and Storm Drain Improvements project.
• Received updates on Capital Improvement Projects and Disaster Recovery Projects. • Received update on City Hall Solar project.
• Received update on the 2015 Pacific Coast Highway Safety Study. • Receive the draft 2024 Wastewater and Recycled Water Rate Study Update 7

Page 1 of 2 ends

Agenda Item # 3.B.5.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Mary Linden, Executive Assistant
Approved by: Steve McClary, City Manager
Date prepared: June 5, 2023 Meeting date: June 26, 2023 Subject: Commission Work Assignments for Fiscal Year 2023-24 RECOMMENDED ACTION: Approve work assignments for the Harry Barovsky Memorial Youth Commission, Malibu Arts Commission, Parks and Recreation Commission, Public Safety Commission and Public Works Commission for Fiscal Year 2023-24.

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

WORK PLAN: This item was not included in the Adopted Work Plan for FY 2023-24.

This project is part of normal staff operations.

DISCUSSION: Each year, the City Council directs the City’s commissions (except the Planning Commission) to focus attention on specific work assignments. Throughout the year, the Council may choose to modify those assignments or add new assignments, if appropriate. Staff prepares commission agendas based upon these assignments. The Council is currently in the process of establishing new Work Plan priorities. It is expected that a new FY 2023-24 Work Plan will be finalized in the Fall. The commission assignments will be directed by the Council to align with established priorities within the Work Plan in order for the assignments to be worked on.

Suggested lists of assignments have been discussed by each Commission and are presented to the Council for consideration and approval.

At its Regular meeting on May 8, 2023, the City Council dissolved the Homelessness Task Force and reassigned the Task Force’s unfinished Charter items to the Public Safety Commission. The following outstanding Homelessness Task Force charter items should be included in the tasks approved for assignment to the Public Safety Commission:

City Council Meeting
06-26-23
Item

3.B.5.

Attachment #6
8

Page 2 of 2 ends

Agenda Item # 3.B.5.
• Review the draft updated goals and objectives of the Homelessness Strategic Plan • Develop a plan to mitigate public safety and environmental impacts, particularly fires related to homeless encampments
• Explore new ideas to address homelessness, research strategies used by other jurisdictions, and identify best practices that could be implemented in Malibu • Develop a robust public engagement and outreach plan to obtain community input on proposed strategies to protect the health, safety and welfare of the community from the dangers of homelessness and provide assistance to Malibu residents experiencing homelessness
The Council is requested to approve the attached suggested assignments for each Commission. The Council may also add to or edit the suggested assignments, as appropriate.

ATTACHMENTS: Suggested Fiscal Year 2023-24 Assignments:

1. Harry Barovsky Memorial Youth Commission

2. Malibu Arts Commission

3. Parks and Recreation Commission

4. Public Safety Commission

5. Public Works Commission
9 City of Malibu

M E M O R A N D U M
To: Steve McClary, City Manager
From: Harry Barovsky Memorial Youth Commission
Date: May 5, 2023
Re: PROPOSED Harry Barovsky Memorial Youth Commission Assignments for Fiscal Year 2023 -24
At its Regular meeting on May 4, 2023, the Harry Barovsky Memorial Youth Commission recommended the following assignments for City Council approval for Fiscal Year 2023-24:

1. Each Commissioner will volunteer at two City events and provide ten hours of volunteer service

2. Co-sponsor six community service projects that benefit non-profit organizations

3. Coordinate a community movie night benefitting a non-profit organization

4. Coordinate a teen health and wellness program focusing on stress management

5. Host an informational Youth Government Summit with representatives from local government agencies and non-profit organizations

6. Develop and host a life skills program for high school students

7. Create a program to promote environmental sustainability

8. Coordinate an event or program that may include spoken word, music, dance, film, or visual art

9. Review opportunities for teen outreach and communication to increase attendance and awareness at programs and events

10. Review and provide feedback regarding City parks, programs, and projects

11. Make oral reports as needed to the City Council on Commission activities

12. Submit a mid-year written report to the City Council on Commission activity ATTACHMENT 1
10 City of Malibu

M E M O R A N D U M
To: Steve McClary, City Manager
From: Malibu Arts Commission
Date: May 22, 2023
Re: PROPOSED Malibu Arts Commission Assignments for Fiscal Year 2023 -24 At its Regular meeting on May 23, 2023, the Malibu Arts Commission recommended the following assignments for City Council review and approval:

1. Facilitate regular art events at City facilities and businesses

2. Review and recommend policies, procedures, and projects in accordance with the Art in Public Places Ordinance

3. Provide feedback regarding advertising, marketing, website content on the Malibu Arts Commission website and arts programs and events within Malibu and outside City limits

4. Work with staff to facilitate arts programs, screenings, and events, including Arts in Education outreach in Malibu schools and partnerships with local organizations such as the Malibu Film Society

5. Provide opportunities for and coordinate meetings with Malibu business owners and artists to promote, recognize, invest, exhibit local artists, and promote the inclusion of art in business locations (revised)

6. Provide feedback regarding updates for arts events, programs and projects

7. Review and provide feedback regarding Commission branding

8. Assist Planning staff on the development of a Zoning Text Amendment (ZTA) regarding the display of art throughout the City

9. Provide input regarding the current Temporary Use Permit process to allow temporary pop-up galleries, performances, screenings, and events in spaces in Malibu

10. Explore a Performing Arts Center and advise the City Council on Commission recommendations

11. Explore an Artist in Residence Program

12. Explore opportunities for a professional arts consultant to work with the Arts Commission

13. Explore developing relationships with commissions from other cities to exchange ideas and explore a partnership event

14. Explore the development of a Malibu creative directory

15. Coordinate with Malibu organizations and stakeholders to develop a unified approach to the arts in Malibu (new)

16. Make oral reports as needed to the City Council on Commission activities

17. Submit a mid-year written report to the City Council on Commission activity ATTACHMENT 2
11

Page 1 of 2 ends

City of Malibu

M E M O R A N D U M
To: Steve McClary, City Manager
From: Parks and Recreation Commission
Date: April 19, 2023
Re: PROPOSED Parks and Recreation Commission Assignments for Fiscal Year 2023 -24 At its Regular meeting on April 18, 2023, the Parks and Recreation Commission recommended the following be included in its assignments for Fiscal Year 2023-24:

1. Review and provide feedback regarding the Permanent Skate Park and fundraising efforts

2. Provide feedback and recommendations to the City Council regarding the design of the permanent snack shack

3. Provide feedback regarding the development of a multigenerational recreation center with library services and a swimming pool utilizing Library set-aside funds on the Heathercliff property

4. Provide feedback on the Legacy Park Rehabilitation Project

5. Provide oversight, feedback, and recommendations for public education, outreach, implementation, and awareness of the Earth Friendly Management Policy

6. Conduct a special meeting to tour City parks

7. Facilitate public outreach and design meetings regarding amenities and potential placement of park enhancements or equipment in City parks

8. Review and provide feedback regarding Community Services Department programs and projects

9. Nominate and recommend recipient(s) for the 2024 Jake Kuredjian Citizenship Award to City Council

10. Review the Department’s program offerings and make recommendations, as appropriate, including the incorporation of various programs at local schools

11. Provide feedback on outdoor programming relating to rehabilitation or integration of native habitat

12. Review the Parks Master Plan and make recommendations regarding the priority of facilities and amenities at existing and potential future City Parks

13. Review and recommend to City Council revisions to the Park Rules, Dog Park Rules, and Municipal Code 12.08 - Parks, Beaches and Other Recreation Areas ATTACHMENT 3
12

Page 2 of 2 ends

14. Review and provide feedback and recommendations for the Charmlee Nature Center reopening, mentorship and docent programs to incorporate community leaders, retired professionals, athletes, business owners, or college students (revised)

15. Review information regarding Malibu youth sports organizations and related field space needs

16. Provide recommendations to the City Council regarding the removal of invasive species to decrease fire risk

17. Review and provide feedback regarding monthly staff updates on parks, programs, facilities, and projects

18. Make bimonthly oral reports to the City Council on Commission activity

19. Submit a midyear written report to the City Council on Commission activities 13 City of Malibu

M E M O R A N D U M
To: Steve McClary, City Manager
From: Public Safety Commission
Date: April 6, 2023
Re: PROPOSED Public Safety Commission Assignments for Fiscal Year 2023 -24 At its Regular meeting on April 5, 2023, the Public Safety Commission recommended the following be included in its assignments for Fiscal Year 2023-24:

1. Review and provide input on the City’s Emergency Preparedness Program and public safety activities

2. Conduct an annual review of Fire Department and Lifeguard services, inviting Los Angeles County Beaches and Harbors to attend

3. Review the Summer Beach Enforcement Operation Summary report

4. Review the proposed Summer Beach Team deployment schedule

5. Perform post-disaster assessment of City response, as needed

6. Assist staff with planning and production of the Public Safety Expo

7. Provide feedback regarding the City’s emergency alerts and advisories procedures

8. Provide suggestions to the Sheriff’s Department regarding Volunteers on Patrol (VOP) responsibilities and priorities

9. Search for a permanent location for an impound site

10. Provide input and feedback on potential Fire Prevention and Hazard Mitigation grants and projects

11. Provide feedback and recommendations regarding updates to the City’s Emergency Operations Plan.

12. Staff a booth at the 2024 Public Safety Expo

13. Make bimonthly oral reports to the City Council on Commission activity

14. Submit a mid-year written report to the City Council on Commission activities The following tasks reassigned by the Council at its Regular meeting on May 8, 2023 from the Homelessness Task Force should also be included Public Safety Commission assignments for Fiscal Year 2023-24:
• Review the draft updated goals and objectives of the Homelessness Strategic Plan • Develop a plan to mitigate public safety and environmental impacts, particularly fires related to homeless encampments
• Explore new ideas to address homelessness, research strategies used by other jurisdictions, and identify best practices that could be implemented in Malibu • Develop a robust public engagement and outreach plan to obtain community input on proposed strategies to protect the health, safety and welfare of the community from the dangers of homelessness and provide assistance to Malibu residents experiencing homelessness ATTACHMENT 4
14 City of Malibu

M E M O R A N D U M
To: Steve McClary, City Manager
From: Public Works Commission
Date: March 23, 2023
Re: PROPOSED Public Works Commission Assignments for Fiscal Year 2023 -24 At its Regular meeting on March 22, 2023, the Public Works Commission recommended the following be included in its assignments for Fiscal Year 2023-24:

1. Review and make recommendations to the City Council on Capital Improvement and Disaster Projects

2. Review and make recommendations to the City Council for an updated five-year Capital Improvement Projects Plan

3. Report on the status of Los Angeles County Waterworks, District 29 infrastructure and make recommendations toward long-term solutions

4. Review utility undergrounding options within the City

5. Review parking issues citywide

6. Review and make recommendations regarding a Green Fleet Policy

7. Review and make recommendations regarding a Neighborhood Beautification Program

8. Review the maintenance and monitoring of the City’s landslide assessment districts

9. Review and make recommendations on the Pavement Management Plan

10. Review the operation and maintenance of the wastewater and stormwater treatment facilities

11. Review and make recommendations on offsite Private Development mitigation measures that are constructed within the public right-of-way

12. Incorporate discussion of alternative transportation modes, such as bike lanes, in all road improvement projects

13. Receive updates on outside agencies proposed projects

14. Make bimonthly oral reports to the City Council on Commission activity

15. Submit a mid-year written report to the City Council on Commission activities ATTACHMENT 5
15

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Agenda Item # 6.D.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Reviewed by: Trevor Rusin, Interim City Attorney
Approved by: Steve McClary, City Manager
Date prepared: February 21, 2024 Meeting Date: February 26, 2024 Subject: Potential Settlement Agreement Regarding Dispute with Owner of Adjacent Property (600 Spring LLC) Related to Proposed Skatepark located at 24250 Pacific Coast Highway
RECOMMENDED ACTION: Consider proposed settlement agreement and approve the agreement (with or without modifications), decline to enter the agreement, or provide further direction to staff.

STRATEGIC PRIORITIES: This item supports the Permanent Skate Park DesignApproval priority identified in the Adopted FY 2023-24 Strategic Priority Project List.

DISCUSSION: On November 30, 2023, the Planning Commission approved CDP No. 23- 001 for a 12,500 square foot skatepark located at Bluffs Park (Skatepark). On December 11, 2023, the owner of the neighboring property where the residential Case project is being developed, 600 Spring LLC (owned by Scott Gillen), submitted an appeal of Planning Commission Resolution No. 23-52 and the approval of CDP No. 23-001. 600 Spring raised concerns at the Planning Commission meeting, and in its appeal, regarding the impacts of the Skatepark on its project and the future residents of the homes being developed.

After the Planning Commission approved the Skatepark project 600 Spring approached the City Council with a proposal seeking to have landscaping added to the Skatepark and also seeking to have the Skatepark lowered to be at or below grade in its entirety among other requests. The City Council met in closed session to consider the proposal, which would result in the dismissal of the appeal and allow work on the Skatepark to begin immediately without threat of litigation.

The City Council was unwilling to agree to most of the requests presented, but was willing to consider an agreement that would allow some landscaping to be installed and which also involved an adjustment to one element of the Skatepark. The adjustment was designed independently by the City’s Skatepark designer (before the City was approached by 600 Spring) as an alternative to the design approved by the Planning Commission. It City Council Meeting
02-26-24
Item

6.D.

Page 2 of 3 ends

Agenda Item # 6.D.
involves the element located closest to the Case project being lowered approximately 2 feet further into the earth, which will require some additional excavation. The element would still project approximately 1.5 feet above grade, which is two feet lower than in the design approved by the Planning Commission. This design change is detailed in Exhibit B to this report.

The City’s primary concerns with any agreement were (1) ensuring that there would be no delay in the construction of the Skatepark (and ideally that it would result in construction starting sooner by resolving the appeal and avoiding litigation), (2) there be no cost to the City, and (3) that the agreement would benefit the residents of Malibu and the future users of the Skatepark.

The City Council could have reached an agreement in closed session, but instead has chosen to consider this settlement proposal in open session to ensure full transparency and involve its residents in this important decision. The Council is seeking input from the public, and in particular the future users of the Skatepark, regarding the benefits and drawbacks of this potential agreement. This Skatepark has been a priority for the City Council and the community and this is reflected in the City bringing this proposal forward in an open session.

The full text of the settlement agreement is still being memorialized, and will be distributed in advance of the City Council meeting. To ensure the central features of the proposed settlement agreement are distributed to the public as quickly as possible this report is being distributed in advance of the agreement language. The central features of the agreement would be the following:
(1) Dismissal of the pending appeal and the right to challenge in court the Planning Commission’s decision approving the Skatepark
(2) That 600 Spring would be allowed to install landscaping around the perimeter of the Skatepark in accordance with a plan that has been reviewed by City Staff and the City Biologist. This plan is attached as Exhibit A. 600 Spring would have to pay for and install this landscaping itself. The landscaping would be allowed to be installed before construction—so long as it does not interfere with construction of the Skatepark. 600 Spring would be responsible for the maintenance of the landscaping until the City installs irrigation following the completion of the Skatepark. If the landscaping does not survive, the City would not have an obligation to put it back—but 600 Spring could replace it at its own cost.
(3) The Skatepark would be moved 10 feet further away from the Case project, and one element of the Skatepark would be lowered by approximately two feet. This change was created by the City’s Skatepark designer as an alternative to the design approved by the Planning Commission. It is attached as Exhibit B to this report. Additional excavation would be required to lower this element, which would be paid for by 600 Spring. 600 Spring would bear both this cost, and the cost of the redesign. 600 Spring would be required to deposit

Page 3 of 3 ends

Agenda Item # 6.D.
$75,000 upon approval of the settlement agreement, with an additional $75,000 due upon approval of the construction contract for the Skatepark. 600 Spring has requested that instead of this, it deposit $150,000 upon the signing of the settlement agreement—and that the agreement not be recorded against its property.

It is estimated that $150,000 will cover the cost of the additional excavation, and Skatepark redesign. However, if it does not 600 Spring would be responsible for such costs even if they exceed the deposit. Neither this change, nor the additional landscaping, will require modification of the CDP approved by the Planning Commission, or further approvals from the Planning Commission, which will avoid any delays that could be cause by obtaining such entitlements. Further environmental review will not be required as the changes either fall within the ambit of the EIR and addendum, or would be exempt from CEQA. (4) 600 Spring would be allowed to continue to park in the portion of Bluffs Park adjacent to the Skatepark, and access its property as it currently does, for a period of four months— and then on a month-to-month basis, so long as construction has not begun on the Skatepark. 600 Spring will pay monthly rent of $5627/month for this ability, and will only be allowed to park in this location during the construction hours allowed in the City’s municipal code, and only during the week (not on weekends). A diagram of this location will be distributed with the draft settlement agreement language.

A supplemental report with further information and the draft settlement agreement language will be distributed on Monday, February 26, 2024.

EXHIBITS:

A. Proposed Landscape Plan
B. Proposed Skatepark design
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ADDITIONAL SPECIMAN CANOPY TREES TO BE DETERMINED.
(OUERCUS TOMENTELLA, OR UMBELLULLARIA CALIFORNICA)
)
260 LF NORTH WALL (OPTIONAL PLANTINGS NOT INCLUDED)
330 LF EAST WALL
OPTIONAL SPECIMAN CANOPY TREES TO BE DETERMINED.(QUERCUS TOMENTELLA. UMBELLULARIA CALIFORNICA,
• rrmctc,:,gr,
I ,;,J group
_590 LF TOTAL WALL PROPOSED LANDSCAPE
SCREENING PLAN 2-14-24
600 Spring LLC may substitute species that will provide visual screening from The Case and protect the wall provide such species complies with City Codes and subject to the reasonable approval of the City Manager.
205.50 206.75
208.00 207.25 205.00 203.00 203.00 203.00 203.00 204.25202.50 201.50 201.50 200.00 200.00
200.00 193.17
195.00 205.50 196.00
+3.50'
+2.50' +1.25' +/- 0.00' +/- 0.00' +/- 0.00' +/- 0.00' +1.25' -0.50' +4.25' +5.00' +3.75'+2.50'
+3.50' +2.50' +2.00' -1.50' -1.50'
-3.00'
-3.00' -3.00'
-8.00' -9.50' -7.00' 200.00 -3.00'
+7.50' +4.50'
+4.50'
208.00
+5.00'
-3.00' 204.25 201.50 -1.50'
-3.00'
+2.00'
-1.00'
202.50
-0.50' 201.50 -1.50'
201.50
-1.50' 201.50 -1.50'
201.00
-2.00'
202.00
-1.00' 201.50 -1.50'
202.50
-0.50'
202.50
-0.50'
206.50
205.50
+2.50'
205.50 +2.50' 205.50 205.00 +2.00' +3.75' 206.75 206.75 +3.75' +1.50' +1.50' 205.50 +2.50' +1.50' 204.50 +1.50' 204.50 +2.50' 205.50 +1.25' 204.25 208.00 207.00
206.00
205.00
208.00
207.00
206.00
205.00 PRELIMINARY EARTHWORK QUANTITIES: AREA OF DISTURBANCE 1.73 AC± IMPERVIOUS AREA: 0.93 ACRES (54%) PERVIOUS AREA: 0.80 ACRES (46%)
CURRENT RAW CUT: 2,636 CY CURRENT RAW FILL: 386 CY ADDITIONAL RAW CUT WITH PROPOSED MODIFICATIONS: 676 CY TOTAL PROPOSED RAW CUT WITH MODIFICATION: 3,312 CY SKE1

SKATE PARK

DRAWN BY: DATE: ISSUE: NO.:

PROJECT:

MALIBU BLUFFS PARK

SKATEPARK
24250 PACIFIC COAST HIGHWAY
MALIBU, CA 90265
JS 01/11/2022 PLANNING COMMISSION 00
JS 01/24/2023 PLANNING COMMISSION 01
SKATEPARK HEIGHT EXHIBIT 02 11/20/2023 EE/JS 5'-0" 10'-0" 20'-0" SCALE: 1" = 10'-0" +3.50'
+2.50' +1.25' +/- 0.00' +/- 0.00' +/- 0.00' +/- 0.00' +1.25'-0.50' +4.25' +4.50' +3.75'+2.50'
+3.50' +2.50' +2.00'
+6.50'
+4.50'
+4.50'
+3.00'
+2.50' +2.00' +2.00' +3.75' +3.75'
+1.50' +1.50' +2.50' +1.50' +2.50' +1.50' +1.25' 205.00 205.75 206.00 203.00 205.00 201.75 201.75 202.00 203.00 201.50 205.00 206.00 203.00
205.50
204.50
205.50 204.50 203.75 205.75 205.75 205.50 203.50 204.50 203.50 203.25 201.50 201.50 200.00
200.00 193.17
195.00 196.00 -1.50' -1.50'
-3.00'
-3.00'
-8.00' -9.50' -7.00' 200.00 -3.00'
-3.00'
201.50 -1.50'
-3.00'
+2.00'
-1.00'
202.50
-0.50' 201.50 -1.50'
201.50
-1.50' 201.50 -1.50'
201.00
-2.00'
202.00
-1.00' 201.50 -1.50'
202.50
-0.50'
202.50
-0.50' 202.00 PRELIMINARY EARTHWORK QUANTITIES: AREA OF DISTURBANCE 1.73 AC± IMPERVIOUS AREA: 0.93 ACRES (54%) PERVIOUS AREA: 0.80 ACRES (46%)
CURRENT RAW CUT: 2,636 CY CURRENT RAW FILL: 386 CY ADDITIONAL RAW CUT WITH PROPOSED MODIFICATIONS: 676 CY TOTAL PROPOSED RAW CUT WITH MODIFICATION: 3,312 CY SKE2

SKATE PARK

DRAWN BY: DATE: ISSUE: NO.:

PROJECT:

MALIBU BLUFFS PARK

SKATE PARK
SECTION EXHIBIT [TF] 1-800-CA-SKATE
www.californiaskateparks.com SHEET NUMBER
© CALIFORNIA SKATEPARKS 2023
SHEET TITLE:

DRAWN BY: DATE: ISSUE: NO.:

PROJECT:

MALIBU BLUFFS PARK

Page 1 of 2 ends

Agenda Item # 7.A.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Cynthia Alba, Executive Assistant
Approved by: Steve McClary, City Manager
Date prepared: January 31, 2024 Meeting date: February 26, 2024 Subject: Proposed Advocacy for Changes to the California State Vehicle Code to Deter Excessive Speeding on PCH (Mayor Pro Tem Stewart and Councilmember Grisanti) (Continued from February 12, 2024) RECOMMENDED ACTION: At the request of Mayor Pro Tem Stewart and Councilmember Grisanti: 1) Consider advocating for proposed changes to the California State Vehicle Code to deter excessive speeding on PCH; and 2) Provide direction to staff, as needed, to come back at a future date with a resolution advocating for changes or a letter to California state officials.

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

Depending on what direction the Council provides, staff can return at a subsequent meeting with an estimated cost depending on staff analysis and recommendations.

STRATEGIC PRIORITY: This item was not included in the Adopted FY 2023-24 Strategic Priority Project List. Public safety, in general, is number 3 of the Top 5 Priorities for FY 2023-2024.

DISCUSSION: Mayor Pro Tem Stewart and Councilmember Grisanti are requesting that the City Council consider advocating for proposed changes to the California State Vehicle Code, as shown in the attachment, to deter excessive speeding on PCH.

Mayor Pro Tem Stewart and Councilmember Grisanti recommend that the City of Malibu petitions Governor Newsom, State Senator Allen, Assemblymember Irwin, County Supervisor Horvath, Sheriff Luna, Secretary of Transportation Omishakin, and Director of Caltrans Tavares to update the California State Vehicle Code.

City Council Meeting
02-26-24
Item

7.A.
1

Page 2 of 2 ends

Agenda Item # 7.A.

Based on Council direction, staff may bring a resolution or letter at a future date for Council approval.

ATTACHMENTS: Possible Language – Submitted by Mayor Pro Tem Stewart and Councilmember Grisanti
2 Attachment 1
Possible Language – Submitted by Mayor Pro Tem Stewart and Councilmember Grisanti
Whereas the City of Malibu has witnessed the loss of 59 precious lives on the Pacific Coast Highway since 2010;
And whereas excessive speeding is the leading cause of so many fatalities; Therefore, the City Council of Malibu hereby petitions Governor Newsom, State Senator Allen, Assemblymember Irwin, County Supervisor Horvath, Sheriff Luna, Secretary of Transportation Omishakin, and Director of Caltrans Tavares to work collaboratively to make the following changes to the State Vehicle Code:
1) Anybody who exceeds 100 miles per hour shall lose their license to drive for three months; and Anybody who exceeds 100 miles per hour more than once in a 12 month period shall lose their license to drive for six months; 2) Anybody who exceeds twice the posted speed limit shall lose their license to drive for one month; Anybody who exceeds twice the posted speed limit more than once in a 12 month period shall lose their license to drive for two months.

The loss of license in these instances shall be mandatory not discretionary. 3

Malibu City CouncilFebruary 26, 2024

Malibu City Council
February 26, 2024