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• Participates in the administration of the operating and capital improvement program budgets for the department; determines funding needed for staffing, equipment, materials, and supplies; ensures compliance with budgeted funding.
• Establishes, administers, and maintains the City’s annual street and tree maintenance programs.
• Participates in developing, planning, scheduling, and managing capital improvement and maintenance programs and projects; prepares plans, specifications and cost estimates and capital improvement project budgets.
• Oversees and assists with inspections of City facilities, landscaping, and infrastructure and construction in progress; makes recommendations for improvements and repair of buildings, streets, roads, curbs, gutters, sidewalks, and storm drain installation and maintenance. • Prioritizes work order requests and assigns tasks and projects accordingly; reviews completed work to ensure compliance with City standards and quality expectations; prepares, maintains, inputs, and queries detailed logs, records, and reports of maintenance and repair activities via automated software systems.
• Develops and manages requests for proposals for professional and/or contracted services; prepares scope of work and any technical specifications; evaluates proposals and recommends award; negotiates contracts; administers contracts to ensure compliance with City specifications and service quality.
• Serves as a liaison for assigned functions with other City departments and outside agencies. • Plans, schedules, and oversees all Federal Emergency Management Agency (FEMA), Federal Hazard Mitigation Assistance (FHMA)/Office of Emergency Services (OES) repair and upgrade work; prepares all reports for reimbursement. • Prepares staff reports and other correspondence related to assigned activities and services; presents reports to various commissions, committees, boards, and the City Council. • Monitors changes in laws, regulations and technology that may affect departmental operations; implements policy and procedural changes after approval. • Responds to emergencies as required; coordinates activities with other responders to provide effective response; directs the work of staff and utilization of resources to affect repair and ensure the safety of the community.
• Receives, investigates, and responds to difficult and sensitive problems and complaints in a professional manner; identifies and reports findings and takes necessary corrective action. • Provides logistical support and resources for various special event programs and ceremonies. • Ensures staff observe and comply with all City and mandated safety rules, regulations, and protocols.
• Performs related duties as required.
QUALIFICATIONS
Education and Experience:
Any combination of training and experience which would provide the required knowledge, skills and abilities is qualifying. A typical way to obtain the required qualifications would be:
Education:
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Equivalent to completion of the twelfth (12th) grade, supplemented by specialized training in business or public administration, construction technology, engineering, or a related field.
Experience:
Five (5) years of increasingly responsible experience in public work operations and maintenance including two (2) years of supervisory experience.
Licenses and Certifications:
• Possession of a valid California Driver’s License and a satisfactory driving record to be maintained throughout employment.
Knowledge of:
• Organization and management practices as applied to the development, analysis, and evaluation of programs, policies, and operational needs of the assigned area of responsibility.
• Principles and practices of employee supervision, including work planning, assignment review and evaluation, discipline, and the training of staff in work procedures. • Administrative principles, practices, and methods including goal setting, program development, implementation and evaluation, quality control, and work standards related to assigned division.
• Principles and techniques for working with groups and fostering effective team interaction to ensure teamwork is conducted smoothly.
• Principles and practices of budget development and administration. • Project management principles and practices.
• Principles, practices, methods, equipment, materials and techniques of the construction, maintenance, and repair of public works systems and facilities. • Principles of contract administration for public works maintenance and repair projects. • General principles of risk management related to the functions of the assigned area. • Request for Proposals including construction and bid document preparation. • Federal, state, and local disaster grant application, implementation, and reimbursement process.
• Techniques for effectively representing the City in contacts with governmental agencies, community groups and various business, professional, educational, regulatory, and legislative organizations.
• Applicable federal, state, and local laws, codes, and regulations as well as industry standards and best practices pertinent to the assigned area of responsibility. • City and mandated safety rules, regulations, and protocols. • Techniques for providing a high level of customer service, by effectively dealing with the public, vendors, contractors, and City staff.
• The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
• Modern equipment and communication tools used for business functions and program, project, and task coordination, including computers and software programs relevant to work performed.
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Ability to:
• Select and supervise staff, provide training and development opportunities, ensure work is performed effectively, and evaluate performance in an objective and positive manner. • Develop and implement goals, objectives, practices, policies, procedures, and work standards.
• Provide administrative, management, and professional leadership for the Public Works Department.
• Analyze and interpret plans and specifications in accordance with design requirements and applicable standards and regulations.
• Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals. • Effectively negotiate contract change orders and amendments. • Research, analyze, and evaluate new service delivery methods, procedures, and techniques.
• Develop contract specifications for maintenance contracts and other professional services; administer such contracts.
• Assist in preparing and administering budgets.
• Maintain accurate records and files of work performed. • Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
• Effectively represent the department and the City in meetings with governmental agencies; community groups; various business, professional, and regulatory organizations; and in meetings with individuals.
• Prepare clear and concise reports, correspondence, documentation, and other written materials.
• Use tact, initiative, prudence, and independent judgment within general policy and procedural guidelines.
• Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments.
• Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
• Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
• Effectively use computer systems, software applications relevant to work performed, and modern business equipment to perform a variety of work tasks.
SUPPLEMENTAL INFORMATION
PHYSICAL DEMANDS
When assigned to an office environment, must possess mobility to work in a standard office setting and use standard office equipment, including a computer; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone; ability to stand and walk between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate Resolution No. 24-33
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standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information.
When assigned to field inspection, must possess mobility to work in changing site conditions; possess the strength, stamina, and mobility to perform light to medium physical work; to sit, stand, and walk on level, uneven, or slippery surfaces; to reach, twist, turn, kneel, and bend, to climb and descend ladders; and to operate a motor vehicle and visit various City sites; vision to inspect site conditions and work in progress. The job involves fieldwork requiring frequent walking in operational areas to identify problems or hazards, with exposure to hazardous materials in some site locations. Employees must possess the ability to lift, carry, push, and pull materials and objects averaging a weight of 40 pounds, or heavier weights, in all cases with the use of proper equipment and/or assistance from other staff.
ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees also work in the field and are exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, confining workspace, chemicals, mechanical and/or electrical hazards, and hazardous physical substances and fumes. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.
DISASTER SERVICE WORKER
In accordance with California Government Code Section 3100, City of Malibu employees are considered disaster service workers and may be asked to respond in the event of an emergency or natural disaster.
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CITY OF MALIBU
RECREATION COORDINATOR
Class Description
Established: January 2017
Revised: July 2024
FLSA: Non-exempt
DEFINITION
Under general supervision, plans, organizes, and coordinates various recreational programs and facilities, including senior, adult, and youth recreation, day camps, sports leagues, aquatics programs, and special events; provides administrative and programmatic support to management personnel, fostering cooperative working relationships with various public and private groups, and overseeing the operations of recreation and sports facilities; performs related duties as assigned.
SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from the Recreation Supervisor. Exercises technical and functional direction over assigned part-time and seasonal staff.
CLASS CHARACTERISTICS
This classification is responsible for the coordination of one or more programs in the Recreation department. Incumbents have responsibility for independently coordinating and implementing the program’s goals and objectives. Positions in this classification rely on experience and use considerable discretion and independent judgment to ensure the program’s efficient and effective service delivery. Assignments are given with general guidelines and incumbents are responsible for establishing objectives, timelines, and methods to deliver program services. Work is typically reviewed upon completion for soundness, appropriateness, and conformity to policy and requirements.
EXAMPLES OF ESSENTIAL JOB FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Plans, supervises, and coordinates recreation programs, activities, and services at various sites including senior centers, swimming pools, gyms, sports fields, and community centers, ensuring compliance with applicable state, and City regulations. • Recruits, selects, trains, and supervises part-time staff and volunteers for senior, adult, and youth recreation programs, sports leagues, and special events; provides guidance and evaluates performance to ensure effective program delivery. • Coordinates, promotes, and implements diverse recreational programs, including sports leagues, cultural arts, after-school programs, and nutrition activities, aiming to engage and serve the community effectively.
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• Identifies and addresses staff development needs; schedules and coordinates training programs for staff, coaches, and officials; monitors training effectiveness and ensures proper certification.
• Acts as a liaison with patrons and residents, addressing inquiries, concerns, and resolving issues related to recreation program operations and services. • Coordinates first aid, CPR and other safety training for Recreation and other City staff; provides training to the public, as assigned.
• Handles medical emergencies and injuries; provides first aid and/or adult and child cardiopulmonary resuscitation; contacts police, fire, and emergency medical services as required.
• May work closely with representatives of other public, non-profit, and private organizations, including school districts and community groups.
• Responds to and resolves inquiries and concerns from participants, family members and the public.
• Provides input to budget requests and administers program budgets after adoption; may prepare and assist in the administration of various grants. • Maintains an inventory of necessary recreation, maintenance and aquatics supplies and equipment and makes approved purchases as needed.
• Conducts regular inspections of parks and facilities, ensuring maintenance and safety standards are met; communicates emergency issues and progress on renovation projects. • Maintains comprehensive records of recreation program activities and services; prepares reports, memoranda, and correspondence as needed.
• Develops presentations for board meetings, schools, community gatherings, and youth and parent groups to showcase recreational opportunities and initiatives. • Ensures staff observe and comply with all City and mandated safety rules, regulations, and protocols.
• Performs related duties as required.
QUALIFICATIONS
Education and Experience:
Any combination of training and experience that would provide the required knowledge, skills and abilities is qualifying. A typical way to obtain the required qualifications would be:
Education:
Equivalent to an associate degree from an accredited college with major coursework in recreation, child development, sports exercise, public administration, or a related field.
Experience:
Three (3) years of increasingly responsible experience in coordinating comprehensive recreational programs.
Licenses and Certifications
• Possession of a valid California Driver’s License to be maintained throughout employment. • Possession of a certification in American Red Cross CPR, First Aid, and AED. • Possession of a Safe Food Handler certification to be maintained throughout employment.
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Knowledge of:
• Principles of providing functional direction and training. • Principles, practices, methods, and techniques of recreation, sports, and leisure services programs, management, operations, facilities, and equipment. • Procedures for planning, implementing, and maintaining a variety of recreation, special events, and senior activities.
• Principles and practices of recreation program development, implementation, review, and evaluation.
• Recreational, cultural, age-specific, and social needs of the community. • Special Event Permits, City Municipal Codes, and Permit Regulations. • Safe food handling techniques.
• Rules and regulations of sports, coaching in a competitive and non-competitive setting, field dimensions, and equipment needs.
• Recreation site management and oversight.
• Local community groups, organizations, and businesses. • Safety principles and practices, including basic first aid and adult and/or child cardiopulmonary resuscitation (CPR) methods.
• Applicable federal, state, and local laws, codes, and regulations as well as industry standards and best practices pertinent to the assigned area of responsibility. • City and mandated safety rules, regulations, and protocols. • Techniques for providing a high level of customer service, by effectively dealing with the public, vendors, contractors, and City staff.
• The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
• Modern equipment and communication tools used for business functions and program, project, and task coordination, including computers and software programs relevant to work performed.
Ability to:
• Plan, organize, and coordinate the work of assigned staff. • Effectively provide staff leadership and work direction. • Plan and prepare recreation activity schedules, staffing schedules, reports, and other related program materials.
• Handle medical emergencies and injuries in a calm and effective manner, including providing basic first aid and adult and/or child cardiopulmonary resuscitation (CPR). • Understand the organization and operation of recreation and sports programs and facilities necessary to assume assigned responsibilities.
• Develop, plan, organize, coordinate, promote, implement, supervise, and evaluate a variety of services and recreation programs, trips, and special events. • Carry out administrative tasks such as scheduling, reviewing time sheets, preparing maintenance reports, and conducting training meetings.
• Coach and officiate a variety of sports.
• Oversee expenditures and adhere to budgeted allocations; ensure program revenues are collected appropriately.
• Prepare clear and concise reports, correspondence, and other written materials. • Maintain accurate logs, records, and written records of work performed.
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• Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
• Effectively represent the department and the City in meetings with governmental agencies; community groups; various business, professional, and regulatory organizations; and in meetings with individuals.
• Prepare clear and concise reports, correspondence, documentation, and other written materials.
• Adopt the City’s vision, mission, and values to provide high-quality public service and cultivate a vibrant, resilient, and livable city.
• Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
• Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
• Effectively use computer systems, software applications relevant to work performed, and modern business equipment to perform a variety of work tasks.
SUPPLEMENTAL INFORMATION
PHYSICAL DEMANDS
When assigned to an office environment, must possess mobility to work in a standard office setting and use standard office equipment, including a computer; vision to read printed materials and a computer screen and color vision to create and interpret color coded reports and spreadsheets; and hearing and speech to communicate in person and over the telephone; ability to stand and walk between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information.
When working in an external environment, position requires sitting, standing, walking on slippery surfaces, reaching, twisting, turning, kneeling, bending, stopping, squatting, crouching, grasping, and making repetitive hand movement in the performance of daily duties. Employees must possess the ability to lift, carry, push, and pull materials and objects averaging a weight of 40 pounds, or heavier weights, in all cases with the use of proper equipment and/or assistance from other staff.
ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees also work in the field and are exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, confining workspace, chemicals, mechanical and/or electrical hazards, hazardous physical substances and fumes, dust, and air contaminants. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.
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WORKING CONDITIONS
May be required to work a varied schedule of hours, which may include early mornings, evenings, weekends, and holidays.
DISASTER SERVICE WORKER
In accordance with California Government Code Section 3100, City of Malibu employees are considered disaster service workers and may be asked to respond in the event of an emergency or natural disaster.
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CITY OF MALIBU
RECREATION MANAGER
Class Description
Established: January 2017
Revised: July 2024
FLSA: Exempt
DEFINITION
Under general direction, plans, organizes, oversees, coordinates and manages the staff and operations of comprehensive recreation programs including tiny tots, youth, teens, adults, seniors, sports, contract classes ,day camps, and special events; oversees operations of recreation and sports facilities, including athletic fields, swimming pool, recreation centers, tennis courts and parks; participates in the development of policies and strategies for division operations; manages the effective use of division resources to improve organizational productivity and customer service; provides highly complex and responsible support to the Community Services Director in areas of expertise; and performs related work as required.
SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Community Services Director. Exercises general and direct supervision over professional and technical recreation staff and volunteers.
CLASS CHARACTERISTICS
This is a single-position mid-management class in the Community Services Department.
Incumbents are responsible for performing diverse, specialized, and complex work involving significant accountability and decision-making responsibilities, which include developing and implementing policies and procedures for assigned programs, budget administration and reporting, and program evaluation, and ensuring compliance with regulatory requirements.
Incumbents serve as a professional-level resource for organizational, managerial, and operational analyses and studies. Performance of the work requires the use of considerable independence, initiative, and discretion within broad guidelines.
EXAMPLES OF ESSENTIAL JOB FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Manages and participates in the development and implementation of goals, objectives, policies, and priorities for assigned programs; recommends within departmental policy, appropriate service, and staffing levels; recommends and administers policies and procedures.
• Develops and standardizes procedures and methods to improve the efficiency and effectiveness of recreation and community services programs; continuously monitors and evaluates the service delivery methods and procedures and identifies opportunities for Resolution No. 24-33
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improvement; recommends improvements to the Director and implements new procedures and methods.
• Assesses and monitors workload, administrative and support systems, and internal reporting relationships; identifies opportunities for improvement and reviews with the Community Services Director; directs the implementation of improvements. • Plans, directs, coordinates, and reviews the work plan for assigned programs; meets with staff to identify and resolve problems; assigns work activities, projects, and programs; monitors workflow, reviews and evaluates work product, methods, and procedures. • Selects, trains, motivates, and evaluates assigned personnel; provides or coordinates staff and volunteer training, including first aid and CPR policies, procedures, and methods; works with employees to correct deficiencies; implements discipline and termination procedures. • Ensures that programs and facilities are in compliance with applicable state, county, and City regulations.
• Assists with and plans department-wide and program-specific services, guidelines, publicity, and activities; evaluates program effectiveness and suggests improvements. • Provides responsible staff assistance to the Community Services Director; prepares and presents staff reports and other necessary correspondence. • Conducts a variety of organizational studies, investigations, and operational studies; recommends modifications to community services programs, policies, and procedures as appropriate.
• Develops, administers, and evaluates service contracts; administers and evaluates activities and services provided by contractors.
• Serves as liaison for the Community Services Department with other City departments, divisions, and outside agencies; negotiates and resolves significant and controversial issues. • Participates in the development and administration of the Community Services Department annual budget; compiles the forecast for additional funds for staffing, equipment, materials, and supplies; monitors expenditures and implements adjustments as necessary. • Meets with community committees, clubs, and other organizations as a representative of the City and the department and agencies to explain and promote recreational activities and programs, and to assure that programs and activities are meeting changing needs of the community served.
• Stays abreast of new trends and innovations in the field of community services; prepares press releases; makes presentations; promotes use of community services. • Evaluates the adequacy and equity of fee rates for recreational, athletic, senior citizen, and related community service programs.
• Prepares and directs the preparation of a variety of written correspondence, reports, procedures, ordinances, and other written materials.
• Receives, investigates, and responds to problems and complaints from citizens in a professional manner; identifies and reports findings and takes necessary corrective action. • Maintains and directs the maintenance of working and official departmental files. • Monitors changes in laws, regulations and technology that may affect departmental operations; implements policy and procedural changes as required. • Supports the Cultural Arts Commission.
• Performs other duties as assigned.
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QUALIFICATIONS
Education and Experience:
Any combination of training and experience that would provide the required knowledge, skills and abilities is qualifying. A typical way to obtain the required qualifications would be:
Education:
Equivalent to a bachelor’s degree from an accredited college or university with major coursework in recreation, physical education, public or business administration, or a related field.
Experience:
Five (5) years of increasingly responsible recreation program management experience, including two (2) years supervisory experience.
License:
• Possession of a valid California Driver’s License and a satisfactory driving record, to be maintained throughout employment.
• Must be First Aid/CPR AED certified.
Knowledge of:
• Administrative principles and practices, including goal setting, program development, implementation and evaluation and supervision of staff, either directly or through subordinate levels of supervision.
• Procedures for planning, implementing, and maintaining a variety of recreation and leisure activities and programs through community participation. • Organizational and management practices as applied to the analysis and evaluation of programs, policies, and operational needs.
• Recreation, cultural, and social needs of the community. • Principles, practices, and service delivery needs related to the program areas to which assigned.
• Principles and practices of program administration, including budgeting, purchasing and personnel management.
• Recreation site management, including coordination with special instructors and concessionaires.
• Safety principles and practices.
• Recent developments, current literature, and sources of information related to recreational program planning and administration.
• Marketing theories, principles, and practices, and their application to a wide variety of community services programs including developing community participation and support. • Applicable federal, state, and local laws, codes, and regulations. • Records management principles and practices.
• General principles of risk management related to the functions of the assigned area. • Techniques for effectively representing the City in contacts with governmental agencies, community groups and various business, professional, educational, regulatory, and legislative organizations.
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• Techniques for providing a high level of customer service, by effectively dealing with the public, vendors, contractors, and City staff.
• The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
• Modern equipment and communication tools used for business functions and program, project, and task coordination, including computers and software programs relevant to work performed.
Ability to:
• Select and supervise staff, provide training and development opportunities, ensure work is performed effectively, and evaluate performance in an objective and positive manner. • Develop and implement goals, objectives, practices, policies, procedures, and work standards.
• Provide administrative, management, and professional leadership for Recreation programs and operations.
• Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
• Analyze problems, identify alternative solutions, anticipate consequences, and implement recommendations in support of goals.
• Interpreting, applying, and explaining complex laws, codes, regulations, and ordinances. • Maintain accurate records and files of work performed. • Use tact, initiative, prudence and independent judgment within general policy, procedural and legal guidelines.
• Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments.
• Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
• Establish and maintain effective working relationships with those contacted in the course of the work.
• Effectively use computer systems, software applications relevant to work performed, and modern business equipment to perform a variety of work tasks.
SUPPLEMENTAL INFORMATION
PHYSICAL DEMANDS
Must possess mobility to work in a standard office and/or recreational facility setting and use standard office and/or recreation equipment, including a computer; to operate a motor vehicle and to visit various City sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. The job involves field work requiring frequent walking at recreation site areas to monitor performance and to identify problems or hazards. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification frequently bend, stoop, kneel, reach, climb, and walk on uneven surfaces to participate in recreational activities; and push and pull drawers open and closed to retrieve and file information.
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Positions in this classification occasionally lift, move, and carry objects that typically weigh up to 20 pounds.
ENVIRONMENTAL ELEMENTS
Employees may work in the field and are occasionally exposed to loud noise levels, cold and/or hot temperatures, vibration, confining workspace, chemicals, mechanical and/or electrical hazards. Incumbents may be exposed to blood and body fluids rendering First Aid and CPR AED and are required to wear appropriate attire for the office or recreation activity to which they are assigned. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.
DISASTER SERVICE WORKER
In accordance with California Government Code Section 3100, City of Malibu employees are considered disaster service workers and may be asked to respond in the event of an emergency or natural disaster.
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CITY OF MALIBU
RECREATION SUPERVISOR
Class Description
Established: January 2017
Revised: July 2024
FLSA: Non-Exempt
DEFINITION
Under general direction, plans, organizes, oversees, coordinates and reviews the work of staff performing difficult and complex professional, technical and office support activities related to multiple comprehensive recreation programs which may include youth, teens, adults, seniors, sports, arts and crafts, special interest classes, day camps, community education, and special events; oversees operations of recreation and sports facilities, including athletic fields, swimming pools, recreation centers, tennis courts and parks on a year-round basis; coordinates and oversees specialized parks and community based programs, including community education and outreach for environmental initiatives; provides highly complex and responsible support to the Community Services Director and Recreation Manager in areas of expertise; and performs related work as required.
SUPERVISION RECEIVED AND EXERCISED
Receives general direction from assigned supervisory or management personnel. Exercises direct supervision over assigned staff.
CLASS CHARACTERISTICS
This is the full supervisory-level class that exercises independent judgment on diverse and specialized recreation, special events, and facilities rental activities with accountability and ongoing decision-making responsibilities associated with the work. Incumbents are responsible for planning, organizing, supervising, reviewing, and evaluating the work of assigned staff and for coordinating and organizing day to day recreation programs, activities, and events. Performance of the work requires the use of independence, initiative, and discretion within established guidelines and scope of practice.
EXAMPLES OF ESSENTIAL JOB FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Plans, organizes, assigns, supervises, and evaluates the work of coordinators and staff in the Community Services department, ensuring adherence to departmental goals and objectives; provides training, guidance, and performance feedback to employees; participates in selection and promotion processes.
• Participates in the development of goals, objectives, policies, and procedures for assigned services and programs within the Recreation department; recommends and implements Resolution No. 24-33
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policies, procedures, and standard operating protocols to enhance operational efficiency and effectiveness.
• Monitors activities within the Community Service Department, identifying opportunities for improving service delivery and operational procedures; provides recommendations for process enhancements; collaborates with appropriate management staff to implement improvements effectively.
• Coordinates assigned services and operations with other divisions and external agencies to ensure seamless integration and alignment with broader organizational goals and objectives. • Contributes to the annual budget preparation process by identifying resource needs, preparing detailed cost estimates with justifications, and monitoring expenditures to ensure fiscal responsibility and alignment with departmental priorities. • Provides staff assistance to management within the Community Services Department, including preparing and presenting staff reports, maintaining records and files, and ensuring proper documentation of operations and activities.
• Researches, analyzes, and evaluates new service delivery methods, procedures, and techniques within the Community Services Department; identifies problems and develops recommendations and justifications for implementing solutions. • Develops, directs, approves, and implements promotional and marketing materials for various recreation programs and events to enhance community engagement and participation. • Plans, implements, supervises, evaluates, and staffs a diverse range of recreation, afterschool, volunteer, cultural, health, community education, and leisure programs, field trips, and City-wide special events.
• Manages, oversees, and responds to requests for rentals of City parks, auditoriums, and facilities, ensuring efficient and effective utilization of resources. • Oversees compliance with the Earth Friendly Management Policy (EFMP) and necessary reporting for all City properties as well as educational programs and outreach to all City residents.
• Oversees parks and community projects, including outreach and education programs; oversee habitat restoration and trail maintenance; work with community groups and board in the management of programs and services; oversee trail maintenance work crews; coordinate with contractors for work quality, compliance, and reporting. • Answers questions, provides information to the public, and investigates and responds to complaints and inquiries related to recreation programs and services. • Maintains files, databases, and records related to parks, recreation, and community services programs and participants, ensuring accuracy and completeness of information. • Represents the City in meetings with public and private organizations, community groups, and the general public, fostering positive relationships and promoting the benefits of recreation programs and services.
• Ensures staff compliance with all City and mandated safety rules, regulations, and protocols, fostering a safe and secure environment for participants and staff. • Performs additional duties as required to support the effective operation and advancement of recreation programs and services within the department. • Develops, administers, and evaluates service contracts; administers and evaluates activities and services provided by contractors.
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• Serves as liaison for the Community Services Department with other City departments, divisions, and outside agencies; negotiates and resolves significant and controversial issues. • Evaluates the adequacy and equity of fee rates for recreational, athletic, senior citizen, and related community service programs.
• Receives, investigates, and responds to problems and complaints from citizens in a professional manner; identifies and reports findings and takes necessary corrective action. • Monitors changes in laws, regulations and technology that may affect departmental operations; implements policy and procedural changes as required. • Performs other duties as assigned.
QUALIFICATIONS
Education and Experience:
Any combination of training and experience that would provide the required knowledge, skills and abilities is qualifying. A typical way to obtain the required qualifications would be:
Education:
Equivalent to an associate degree from an accredited college with major coursework in recreation, child development, sports exercise, public administration, or a related field.
Experience:
Four (4) years of increasingly responsible experience in coordinating comprehensive recreational programs, including one (1) year of supervisory or lead experience.
Licenses and Certifications:
• Possession of a valid California Driver’s License to be maintained throughout employment. • Possession of a certification in American Red Cross CPR, First Aid, and AED. • Possession of a Safe Food Handler certification to be maintained throughout employment.
Knowledge of:
• Principles and practices of employee supervision, including work planning, assignment review and evaluation, discipline, and the training of staff in work procedures. • Principles and practices of leadership.
• Principles and techniques for working with groups and fostering effective team interaction to ensure teamwork is conducted smoothly.
• Basic principles and practices of budget administration and monitoring. • Recreational, cultural, and social needs of all age groups. • Community education and outreach principles and practices. • Principles, practices, methods, and techniques of life guarding, adult and/or child cardiopulmonary resuscitation (CPR) methods, and first aid, including rescuer methods as defined by the American Red Cross.
• Financial/payroll processing systems and facility scheduling software; online registration systems and software.
• Various parks, recreation, and community services programs.
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• Applicable federal, state, and local laws, codes, and regulations as well as industry standards and best practices pertinent to the assigned area of responsibility. • City and mandated safety rules, regulations, and protocols. • Techniques for providing a high level of customer service, by effectively dealing with the public, vendors, contractors, and City staff.
• The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
• Modern equipment and communication tools used for business functions and program, project, and task coordination, including computers and software programs relevant to work performed.
Ability to:
• Assist in developing and implementing goals, objectives, practices, policies, procedures, and work standards.
• Select and supervise staff, provide training and development opportunities, ensure work is performed effectively, and evaluate performance in an objective and positive manner. • Identify problems, research and analyze relevant information, and develop recommendations for solutions.
• Perform complex duties in delivering recreation programs. • Research, analyze, and evaluate new service delivery methods, procedures, and techniques.
• Multitask, prioritize assignments, and respond to difficult issues. • Plan, implement, supervise, and evaluate various programs and events. • Work with groups and individuals to produce quality programming and events. • Create and design promotional materials for programs and events. • Plan, market, and promote programs.
• Respond to complaints or inquiries from citizens, staff, and outside organizations. • Maintain accurate logs, records, and written records of work performed. • Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
• Effectively represent the department and the City in meetings with governmental agencies; community groups; various business, professional, and regulatory organizations; and in meetings with individuals.
• Prepare clear and concise reports, correspondence, documentation, and other written materials.
• Adopt the City’s vision, mission, and values to provide high-quality public service and cultivate a vibrant, resilient, and livable city.
• Use tact, initiative, prudence, and independent judgment within general policy and procedural guidelines.
• Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments
• Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
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• Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
• Effectively use computer systems, software applications relevant to work performed, and modern business equipment to perform a variety of work tasks.
SUPPLEMENTAL INFORMATION
PHYSICAL DEMANDS
When assigned to an office environment, must possess mobility to work in a standard office setting and use standard office equipment, including a computer; vision to read printed materials and a computer screen and color vision to create and interpret color coded reports and spreadsheets; and hearing and speech to communicate in person and over the telephone; ability to stand and walk between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information.
When working in an external environment, position requires sitting, standing, walking on slippery surfaces, reaching, twisting, turning, kneeling, bending, stopping, squatting, crouching, grasping and making repetitive hand movement in the performance of daily duties. Employees must possess the ability to lift, carry, push, and pull materials and objects averaging a weight of 40 pounds, or heavier weights, in all cases with the use of proper equipment and/or assistance from other staff.
ENVIRONMENTAL ELEMENTS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees also work in the field and are exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, confining workspace, chemicals, mechanical and/or electrical hazards, hazardous physical substances and fumes, dust and air contaminants. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.
DISASTER SERVICE WORKER
In accordance with California Government Code Section 3100, City of Malibu employees are considered disaster service workers and may be asked to respond in the event of an emergency or natural disaster.
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CITY OF MALIBU
SENIOR ADMINISTRATIVE ASSISTANT
Class Description
Established: July 2013
Revised: July 2024
FLSA: Non-Exempt
DEFINITION
Under direction, provides varied office administrative and clerical support to a Department Director and related management, professional, and supervisory staff; compiles, proofreads, and prepares reports and correspondence; provides assistance for a wide variety of assignments related to the administration of budgets, contracts, and department programs; provides customer service to City staff and the general public; performs related duties as assigned.
SUPERVISION RECEIVED AND EXERCISED
Receives direction from the Department Director or other assigned supervisory or management personnel. May exercise technical and functional direction over and provide training to lowerlevel staff.
CLASS CHARACTERISTICS
This is the advanced journey-level classification in the Administrative Assistant series responsible for performing the most complex work assigned to the series. Incumbents regularly work on tasks which are varied and complex, requiring considerable discretion and independent judgment.
Positions in the classification rely on experience and judgment to perform assigned duties.
Assignments are given with general guidelines and incumbents are responsible for establishing objectives, timelines, and methods to complete assignments. Work is typically reviewed upon completion for soundness, appropriateness, and conformity to policy and requirements.
Positions in the Administrative Assistant class series are flexibly staffed; progression to the Senior Administrative level is dependent on (i) management affirmation that the position is performing the full range of duties assigned to the classification; (ii) satisfactory work performance; (iii) the incumbent meeting the minimum qualifications for the classification including any licenses and certifications; and (iv) management approval for progression to the Senior Administrative Assistant level.
EXAMPLES OF ESSENTIAL JOB FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Provides lead direction, training, and work review to assigned administrative and office support staff; organizes work, sets priorities, and follows up to ensure coordination and completion of work; assists in the evaluation, development and implementation of work Resolution No. 24-33
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procedures and methods; assists staff in identifying and resolving difficult and complex customer and/or office issues.
• Performs a wide variety of advanced-level clerical work including maintaining accurate and detailed records, verifying accuracy of information, researching discrepancies, and recording information.
• Maintains calendars and coordinates the schedules of management staff with those of members of Boards and Commissions, other City management staff, representatives of other organizations, and the public; makes travel arrangements and schedules trainings as required.
• Provides a variety of support to City commissions or committees; prepares and distributes agenda packets; attends meetings and prepares minutes; follows up on decisions as required. • Arranges meetings by scheduling rooms or setting up virtual meeting platforms, notifying participants, and arranging for refreshments as appropriate; ensures information is compiled and duplicated; takes and prepares summary or action minutes of such meetings. • Attends to a variety of office administrative details, such as keeping informed of departmental activities, transmitting information, ordering, and coordinating supply orders, preparing contracts and agreements, arranging for equipment purchase and maintenance, opening and distributing mail; attending meetings, and serving on various task forces and committees. • Processes bills and invoices for payment; prepares and transmits a variety of financial documents; assists in budget preparation and maintains records of purchase orders, expense statements and other fiscal transactions.
• Assists with requests for proposals as well as bids for projects and/or services; prepares and maintains bid results and updates specifications; reviews and verifies compliance documentation; maintains copies of contracts, bid documents, proposals, and related information.
• Receives and screens visitors and telephone calls; provides information to City staff, other organizations, and the public, requiring the use of judgment and the interpretation of policies, rules, procedures, and ordinances.
• Provides information to City staff, other organizations, and the public, requiring the use of judgment and the interpretation of policies, rules, procedures, and ordinances. • Performs project research and report preparation related to the activities of the department to which assigned; may prepare technical reports, issue permits and perform other technical work related to the department to which assigned.
• Prepares grant applications and reports related to Department grants for finance staff review; provides grant revenue and expenditure budget information to finance staff and project managers to ensure correct accounting and financial planning; monitors and reports on grant expenditures.
• Prepares detailed and often confidential correspondence, reports, forms, invitations, graphic materials, and specialized documents related to the department to which assigned from drafts, notes, brief instructions, corrected copy, or dictated tapes; proofreads materials for accuracy, completeness, compliance with departmental policies, format, and English usage, including grammar, punctuation, and spelling.
• Prepares and updates a variety of periodic and special narrative, accounting, database, and statistical reports.
• Organizes and maintains various administrative, confidential, reference, and follow-up files; purges files as required.
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• May collect and account for fees and other monies collected and reconcile cash and credit card transactions.
• Observes and complies with all City and mandated safety rules, regulations, and protocols. • Performs related duties as required.
QUALIFICATIONS
Education and Experience:
Any combination of training and experience that would provide the required knowledge, skills and abilities is qualifying. A typical way to obtain the required qualifications would be:
Education:
Equivalent to completion of the twelfth (12th) grade, supplemented by college-level coursework in office management or business administration.
Experience:
Five (5) years of increasingly responsible office administrative and/or clerical experience.
Licenses and Certifications:
• None required.
Knowledge of:
• Principles of providing functional direction and training. • Basic organization and function of public agencies, including the role of an elected City Council and appointed boards and commissions.
• City-wide as well as departmental and divisional administrative procedures, practices, and principles.
• Principles and practices of research, data collection, and report preparation. • Business letter writing and the standard format for reports and correspondence. • Records management principles and practices.
• Business arithmetic and basic statistical techniques. • Appropriate reception and telephone etiquette.
• Applicable federal, state, and local laws, codes, and regulations as well as industry standards and best practices pertinent to the assigned area of responsibility. • City and mandated safety rules, regulations, and protocols. • Techniques for providing a high level of customer service, by effectively dealing with the public, vendors, contractors, and City staff.
• The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
• Modern equipment and communication tools used for business functions and program, project, and task coordination, including computers and software programs relevant to work performed.
Ability to:
• Plan, organize, and coordinate the work of assigned staff. • Effectively provide staff leadership and work direction. • Provide varied, confidential, and responsible clerical and office administrative work.
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• Respond to and effectively prioritize multiple phone calls, walk-up traffic, and other requests/interruptions.
• Analyze and resolve office administrative and procedural concerns. • Perform research and prepare reports and recommendations. • Compose correspondence and reports independently or from brief instructions. • Establish and maintain a records management system for the assigned department. • Make accurate arithmetic and statistical calculations. • Take a proactive approach to customer service issues. • Make process improvement changes to streamline procedures. • Take notes rapidly and accurately transcribe own notes. • Maintain a variety of filing, recordkeeping, and tracking systems. • Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
• Prepare clear and concise reports, correspondence, documentation, and other written materials.
• Use tact, initiative, prudence, and independent judgment within general policy and procedural guidelines.
• Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments.
• Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
• Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
• Effectively use computer systems, software applications relevant to work performed, and modern business equipment to perform a variety of work tasks.
SUPPLEMENTAL INFORMATION
PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, and over the telephone. This is primarily a sedentary office classification although standing in work areas and walking between work areas may be required.
Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard, or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push and pull drawers open and closed to retrieve and file information.
Employees must possess the ability to lift, carry, push, and pull materials and objects up to 10 pounds.
ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.
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DISASTER SERVICE WORKER
In accordance with California Government Code Section 3100, City of Malibu employees are considered disaster service workers and may be asked to respond in the event of an emergency or natural disaster.
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CITY OF MALIBU
SENIOR CIVIL ENGINEER
Class Description
Established: July 2013
Revised: July 2024
FLSA: Non-Exempt
DEFINITION
Under general direction, performs the most complex and difficult professional field and office civil engineering work related to the planning, design, construction and maintenance of City capital improvement projects, infrastructure and daily departmental operations; confers with developers, contractors and representatives of other agencies regarding facility and infrastructure development; administers professional services and construction contracts; provides professional assistance to the Public Works Department, the City Council and others in areas of expertise; performs a variety of studies and prepares and presents staff reports; signs drawings, submits reports and performs similar work within state guidelines; acts as the City Engineer in their absence; performs related duties as assigned.
SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Public Works Director. Exercises technical and functional direction over and provides training to lower-level staff.
CLASS CHARACTERISTICS
This is the advanced journey-level classification in the Engineer series responsible for performing the most complex work assigned to the series. Incumbents regularly work on tasks which are varied and complex, requiring considerable discretion and independent judgment. Positions in the classification rely on experience and judgment to perform assigned duties. Assignments are given with general guidelines and incumbents are responsible for establishing objectives, timelines, and methods to complete assignments. Work is typically reviewed upon completion for soundness, appropriateness, and conformity to policy and requirements.
EXAMPLES OF ESSENTIAL JOB FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Provides engineering services and consultation to a variety of field and office personnel and personally performs difficult engineering work and contract administration; prepares and initiates a variety of project-related studies and reports. • Researches, designs, prepares, and evaluates plans, specifications, requests for proposal, cost estimates, and other documents for a variety of City capital improvement projects; Resolution No. 24-33
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coordinates work with other consultants, engineers, developers, other City departments, and with outside agencies.
• Examines public and private engineering plans, subdivision maps, specifications, designs, cost estimates and legal descriptions for a variety of construction and maintenance and/or private development projects to ensure compliance with engineering standards and specifications.
• Manages capital improvement projects and environmental studies; may supervise staff or manage contracts with professional staff in technical fields to accomplish projects. • Prepares reports and presentations for public and private bodies, represents the City before State and Federal regulatory agencies, and applies for and obtains permits. • Conducts engineering and related studies, evaluates alternatives, makes recommendations, and prepares reports for the City Council.
• Responds to public inquiries and complaints; provides information to property owners, contractors, developers, engineers, architects, and the public regarding conformance to standards, plans, and specifications; explains codes, regulations and processes related to permits, property lines, utilities, environmental issues, and related information. • Interprets and administers applicable ordinances relating to project requirements, prepares engineering reports, legal descriptions, and project related documents; acts as project engineer when dealing with other departments, other jurisdictions, and agencies; and responds personally or in writing to questions related to projects and engineering policy. • Researches, prepares, and recommends methods of financing various improvements, including the use of assessment districts and areas-of-benefit. • May be designated as the City Surveyor to review all final maps and write legal descriptions, and prepare plans for easements, lot line adjustments, and other survey related issues in conjunction with capital improvement projects.
• Monitors systems and procedures for contract administration to ensure compliance with technical and legal requirements.
• Prepares and directs the preparation of a variety of written correspondence, reports, procedures, ordinances, and other materials.
• Maintains and directs the maintenance of departmental automated and manual files. • Monitors changes in laws, regulations and technology that may affect departmental operations; implements policy and procedural changes after approval. • Participates on a variety of interdisciplinary committees and commissions and represents the city on engineering issues to a variety of community and stakeholder groups. • Observes and complies with all City and mandated safety rules, regulations, and protocols. • Performs related duties as required.
QUALIFICATIONS
Education and Experience:
Any combination of training and experience that would provide the required knowledge, skills and abilities is qualifying. A typical way to obtain the required qualifications would be:
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Education:
Equivalent to a bachelor’s degree from an accredited college or university with major coursework in civil engineering or a related engineering field.
Experience:
Five (5) years of increasingly responsible professional engineering design, plan review and project administration experience.
Licenses and Certifications:
• Possession of a valid California Driver’s License and a satisfactory driving record, to be maintained throughout employment.
• Possession of a valid registration as a Professional Civil Engineer (PE), to be maintained throughout employment.
Knowledge of:
• Principles of providing functional direction and training. • Principles and practices of leadership.
• Principles and techniques for working with groups and fostering effective team interaction to ensure teamwork is conducted smoothly.
• Principles, practices, procedures, and standards of civil engineering design and construction related to City public works and infrastructure development and maintenance. • Principles and practices of civil and transportation engineering in a municipal setting. • Federal and state laws and programs regarding planning, including the California Environmental Quality Act (CEQA) and the State of California Subdivision Map Act. • Principles and practices of land surveying, particularly those related to compliance with the Subdivision Map Act and the Land Surveyor’s Act.
• Principles and practices of project management and evaluation, including goal setting and the development of objectives, work planning, and organization. • Principles and practices of capital improvement program budgeting, cost estimation, funding, and contract administration.
• Formation and administration of assessment districts. • Modern developments, current literature and informational resources regarding municipal development and capital improvement projects.
• Basic budgetary principles and practices.
• Practices of researching engineering and design issues, evaluating alternatives, making sound recommendations, and preparing and presenting effective staff reports. • Techniques for effectively representing the City in contacts with governmental agencies, community groups, various business, professional, educational, and regulatory organizations and with property owners, developers, contractors, and the public. • Applicable federal, state, and local laws, codes, and regulations as well as industry standards and best practices pertinent to the assigned area of responsibility. • City and mandated safety rules, regulations, and protocols • Techniques for providing a high level of customer service, by effectively dealing with the public, vendors, contractors, and City staff.
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• The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
• Modern equipment and communication tools used for business functions and program, project, and task coordination, including computers and software programs relevant to work performed.
Ability To:
• Assist in developing and implementing goals, objectives, practices, policies, procedures, and work standards.
• Provide administrative, management, and professional leadership for the Engineering division.
• Research, design, prepare, and evaluate plans, engineering construction plans, specifications, cost estimates, legal descriptions, and contract documents. • Conduct comprehensive engineering and environmental studies and prepare reports with recommendations.
• Develop and administer contracts for professional services and construction in a public agency setting.
• Conduct complex civil engineering research projects, evaluating alternatives, make sound recommendations, and prepare effective technical staff reports. • Effectively manage public and private development projects. • Effectively negotiate change orders and contract amendments. • Direct and review the work of support staff on a project or day-to-day basis. • Make effective public presentations.
• Maintain accurate records and files.
• Establish and maintain effective working relationships with those contacted in the course of the work.
• Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
• Effectively represent the department and the City in meetings with governmental agencies; community groups; various business, professional, and regulatory organizations; and in meetings with individuals.
• Prepare clear and concise reports, correspondence, documentation, and other written materials.
• Use tact, initiative, prudence, and independent judgment within general policy, procedural and legal guidelines.
• Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments.
• Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
• Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
• Effectively use computer systems, software applications relevant to work performed, and modern business equipment to perform a variety of work tasks.
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SUPPLEMENTAL INFORMATION
PHYSICAL DEMANDS
When assigned to an office environment, must possess mobility to work in a standard office setting and use standard office equipment, including a computer; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone; ability to stand and walk between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information.
When assigned to field inspection, must possess mobility to work in changing site conditions; possess the strength, stamina, and mobility to perform light physical work; to sit, stand, and walk on level, uneven, or slippery surfaces; to reach, twist, turn, kneel, and bend, to climb and descend ladders; and to operate a motor vehicle and visit various City sites; vision to inspect site conditions and work in progress. The job involves fieldwork requiring walking in operational areas to identify problems or hazards, with exposure to hazardous materials in some site locations. Employees must possess the ability to lift, carry, push, and pull materials and objects averaging a weight of 20 pounds, or heavier weights, in all cases with the use of proper equipment and/or assistance from other staff.
ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees also work in the field and are exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, confining workspace, chemicals, mechanical and/or electrical hazards, and hazardous physical substances and fumes. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.
DISASTER SERVICE WORKER
In accordance with California Government Code Section 3100, City of Malibu employees are considered disaster service workers and may be asked to respond in the event of an emergency or natural disaster.
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CITY OF MALIBU
SENIOR LIFEGUARD
Class Description
Established: July 2024
Revised: N/A
FLSA: Unclassified/Part Time
DEFINITION
Under general supervision of the Recreation Coordinator, the Senior Lifeguard will assist with instruction and supervision of pool lifeguards; ensure appropriate rules are enforced to provide for the safety of patrons; assist with planning and implementing aquatic programs and perform other duties as assigned.
SUPERVISION RECEIVEVD/EXERCISED
Receives general supervision from the Recreation Coordinator. This position assists with the supervision of pool lifeguards, e.g., provides technical guidance and direction.
CLASS CHARACTERISTICS
This is the journey-level class in the Lifeguard series. Positions at this level are distinguished from other classes in the series by the level of responsibility assumed, complexity of duties assigned, the amount of time spent performing the duties, independence of action taken, and by the nature of the public contact made. Employees perform the most difficult and responsible types of duties assigned to classes within this series, including assisting with the training and supervision of pool Lifeguards and assisting with planning and implementing aquatic programs.
Employees at this level are required to be fully trained in all procedures related to assigned areas of responsibility.
EXAMPLES OF ESSENTIAL JOB FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Exercises daily supervision and technical oversight of pool lifeguard staff. • Ensures adherence of proper safety precautions to lifeguards and pool patrons; keeps close watch on swimmers, bathers, and others using a swimming facility. • Interprets, explains, and enforces City policies and procedures. • Ensures that all required records are maintained and filed properly including attendance, pool logs, parent evaluations, and financial reports.
• Verifies all daily cash reports.
• Completes daily inspections and open/closing reports as needed. • Assists the Recreation Coordinator in the development and implementation of staff training, staff meetings, and assists with staff schedules.
• Instructs swim classes and aquatics programming when and where needed.
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• Performs and/or schedules routine cleaning of pool area. • Establishes and maintains effective working relationships with those contacted in the course of work.
• Recognizes and responds effectively to emergencies in accordance with facility emergency action plans.
• Completes records and reports in a timely manner.
• Participates in regular in-service training sessions. • Monitors the safety of patrons in the pool and on the deck. • Performs related duties as assigned.
QUALIFICATIONS
Education and Experience:
Any combination of training and experience that would provide the required knowledge, skills and abilities is qualifying. A typical way to obtain the required qualifications would be:
Education:
None. Must be at least 18 years of age by the time of appointment.
Experience:
One year of recent, paid lifeguard experience OR two summer seasons of experience as a lifeguard which must include experience teaching organized swim lessons and experience working with the public. (One season is equivalent to 300 working hours) License/Certifications:
Possess and maintain throughout employment the following certifications:
• American Red Cross Lifeguard Training Certification; and • One of the following: a) American Red Cross Water Safety Instructor; b) American Red Cross Lifeguard Instructor; or c) American Red Cross Lifeguard Management Certificate.
Knowledge of:
• Principles and techniques of leading and instructing First Aid and CPR/AED. • Water safety practices.
• Techniques of swimming lesson instruction.
• Effective customer service techniques.
• Swimming pool operations and maintenance functions.
• Fundamentals of staff scheduling and supervision.
• Basic principles of group management and child development.
Ability to:
• Assist with scheduling and supervision of aquatics staff effectively. • Understand and follow verbal and written instructions and directives. • Understand and enforce City and School District policies, and County health codes. • Maintain safety and order on pool deck.
• Maintain swimming pool facilities in clean and safe manner.
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• Communicate clearly and concisely, both orally and in writing. • Establish and maintain cooperative working relationships with school personnel and other community groups.
SUPPLEMENTAL INFORMATION
PHYSICAL DEMANDS
Must possess mobility to work in a standard office and/or recreational facility setting and use standard office and/or recreation equipment, including a computer; to operate a motor vehicle and to visit various City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone.
Must possess all of the physical requirements of lifeguards and be able to swim and perform lifeguarding skills during rescue exercises. Will also require walking at recreation site areas to monitor performance and to identify problems or hazards. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification frequently bend, stoop, kneel, reach, climb, and walk on uneven surfaces to participate in recreational activities; and push and pull drawers open and closed to retrieve and file information. Positions in this classification occasionally lift, move, and carry objects that typically weigh up to 75 pounds.
Adhere to all physical lifeguarding requirements included in the American Red Cross Lifeguard Training Certification.
ENVIRONMENTAL ELEMENTS
Employees may work indoors in an office setting and outdoors in all weather conditions including seasonally hot and cold temperatures and may be exposed to ultraviolet rays, loud noises, confined workspaces, chemicals, mechanical and electrical hazards, blood, and body fluids while rendering First Aid and CPR. Employees are required to wear appropriate attire for the office or the recreation activities to which they are assigned. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.
WORKING CONDITIONS
Will be required to work on evenings, weekends, and holidays.
DISASTER SERVICE WORKER
In accordance with California Government Code Section 3100, City of Malibu employees are considered disaster service workers and may be asked to respond in the event of an emergency or natural disaster.
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CITY OF MALIBU
SENIOR MAINTENANCE TECHNICIAN
Class Description
Established: July 2024
Revised: N/A
FLSA: Non-exempt
DEFINITION
Under general supervision, oversees and participates in activities related to the construction, modification, maintenance, and repair of City facilities, including buildings, facilities, streets, sidewalks, storm drains, landscaping, and park and recreational facilities; inspects facilities and makes recommendations regarding improvements; monitors contractor work and overall performance; performs related duties as assigned.
SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from assigned supervisory or management personnel. Exercises technical and functional direction over and provides training to lower-level staff.
CLASS CHARACTERISTICS
This is the advanced journey-level classification in the Maintenance Technician series responsible for performing the most complex work assigned to the series. Incumbents regularly work on tasks which are varied and complex, requiring considerable discretion and independent judgment.
Positions in the classification rely on experience and judgment to perform assigned duties.
Assignments are given with general guidelines and incumbents are responsible for establishing objectives, timelines, and methods to complete assignments. Work is typically reviewed upon completion for soundness, appropriateness, and conformity to policy and requirements.
EXAMPLES OF ESSENTIAL JOB FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Oversees and participates in specialized, technical, and complex maintenance and repair work on assigned City buildings, facilities, streets, sidewalks, storm drains, landscaping, and park and recreational facilities.
• Develops specifications and obtains bids for maintenance projects; coordinates work of contractors for the best utilization of available staff and resources; estimates supplies and materials required to perform work; examines work areas to review work in progress and resolves work problems; inspects work upon completion.
• Oversees, operates, and maintains a variety of maintenance vehicles, tools, and equipment; inspects equipment and ensures compliance with safety practices; responds to maintenance needs and schedules appropriate services and repairs.
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• Inspects assigned City infrastructure, facilities, and parks for maintenance needs and recommends appropriate actions; assists in developing work plans, procedures, and schedules.
• Maintains and repairs landscape irrigation systems; performs tests to ensure the proper operation of such systems; repairs valves, pipes, sprinkler heads, couplings, and similar parts. • Contributes to the overall quality of the department’s service by reviewing and implementing procedures to meet City needs.
• Assists with preparation for public events, sports events, meetings, and gatherings; moves furniture, sports equipment, assists with seating arrangements; assists with clean-up after each event.
• Patrols through assigned parks and recreation facilities to check for and report any major damages, vandalism, graffiti, etc.; cleans up and paints over graffiti and other damages. • Performs basic maintenance and ensures cleanliness of public facilities; opens and closes facilities; performs minor plumbing, painting, custodial work, and carpentry in and around facilities.
• Receives and resolves complaints from the public regarding assigned functional areas and contractor activities; contacts residents and businesses to inform them of work to be performed.
• Trains employees and contractors in work methods, the operation of equipment and vehicles, hand tools, and communications systems, and relevant safety precautions. • Maintains logs and records of work performed; prepares periodic and special reports related to functional area as required.
• Ensures that contractors provide a high degree of service to both internal and external customers and support achieving the departments and the City’s mission, objectives, and values.
• Observes and complies with all City and mandated safety rules, regulations, and protocols. • Performs related duties as required.
QUALIFICATIONS
Education and Experience:
Any combination of training and experience which would provide the required knowledge, skills and abilities is qualifying. A typical way to obtain the required qualifications would be:
Education:
Equivalent to completion of twelfth (12th) grade, supplemented by specialized training or coursework in construction, landscape management, or the skilled trades.
Experience:
Four (4) years of experience in the maintenance and repair of a variety of municipal infrastructure and facilities, including contract administration experience.
Licenses and Certifications:
• Possession of a valid California Driver’s License and a satisfactory driving record, to be maintained throughout employment.
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Knowledge of:
• Maintenance principles, practices, tools and materials for construction, maintenance and repair of buildings, facilities, streets, sidewalks, storm drains, landscaping, and park and recreational facilities.
• Principles and practices of contract administration and supervision, including work planning, assignment, review, and the training of staff in work procedures. • Principles and practices of leadership.
• Principles of providing functional direction and training. • Basic methods and principles of carpentry, painting, custodial work, and plumbing. • Safety equipment and practices related to the work, including the handling of hazardous chemicals.
• Methods of trouble-shooting maintenance and repair projects. • The structure and content of the English language to effectively perform the work. • Basic mathematics and shop arithmetic.
• Traffic control procedures and traffic sign regulations. • Applicable federal, state, and local laws, codes, and regulations as well as industry standards and best practices pertinent to the assigned area of responsibility. • City and mandated safety rules, regulations, and protocols. • Techniques for providing a high level of customer service, by effectively dealing with the public, vendors, contractors, and City staff.
• Methods of estimating time, labor, and materials necessary to perform assigned work. • Record keeping and reporting practices.
• Modern equipment and communication tools used for business functions and program, project, and task coordination, including computers and software programs relevant to work performed.
Ability to:
• Effectively provide staff leadership and work direction. • Plan, organize, and coordinate the work of assigned staff. • Oversee and participate in construction, modification, maintenance and repair work on buildings, facilities, streets, sidewalks, storm drains, landscaping, and park and recreational facilities.
• Troubleshoot maintenance problems and determine materials and supplies required for repair.
• Administer public agency contracts.
• Maintain assigned City facilities in a clean, safe, and operable condition. • Use and maintain tools and equipment related to the work. • Respond to and resolve questions and complaints from the public. • Make accurate arithmetic calculations.
• Read and interpret construction drawings and specifications. • Maintain accurate logs and written records of work performed. • Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
• Prepare clear and concise reports, correspondence, documentation, and other written materials.
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• Use tact, initiative, prudence, and independent judgment within general policy and procedural guidelines.
• Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments.
• Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
• Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
• Effectively use computer systems, software applications relevant to work performed, and modern business equipment to perform a variety of work tasks.
SUPPLEMENTAL INFORMATION
PHYSICAL DEMANDS
When assigned to an office environment, must possess mobility to work in a standard office setting and use standard office equipment, including a computer; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone; ability to stand and walk between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information.
When assigned to fieldwork, must possess mobility to work in changing site conditions; possess the strength, stamina, and mobility to perform light to medium physical work; to sit, stand, and walk on level, uneven, or slippery surfaces; to reach, twist, turn, kneel, and bend, to climb and descend ladders; and to operate a motor vehicle and visit various City sites; vision to inspect site conditions and work in progress. The job involves fieldwork requiring frequent walking in operational areas to identify problems or hazards, with exposure to hazardous materials in some site locations. Employees must possess the ability to lift, carry, push, and pull materials and objects averaging a weight of 40 pounds, or heavier weights, in all cases with the use of proper equipment and/or assistance from other staff.
ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees also work in the field and are exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, confining workspace, chemicals, mechanical and/or electrical hazards, and hazardous physical substances and fumes. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.
WORKING CONDITIONS
May be required to work on evenings, weekends, and holidays. Participates in an after-hours emergency response program for on-call and callback assignments.
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DISASTER SERVICE WORKER
In accordance with California Government Code Section 3100, City of Malibu employees are considered disaster service workers and may be asked to respond in the event of an emergency or natural disaster.
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CITY OF MALIBU
SENIOR MANAGEMENT ANALYST
Class Description
Established: July 2024
Revised: N/A
FLSA: Non-Exempt
DEFINITION
Under general direction, provides administrative, programmatic, budgetary, grant, and work-flow support to an assigned department; analyzes departmental practices and procedures and makes recommendations for organizational, operational, policy and procedural improvements; develops, summarizes, and maintains programmatic, administrative and fiscal records; directs, oversees, and manages one or more department specific programs, special projects and studies, and performs related administrative support functions; fosters cooperative working relationships among City departments and acts as liaison to various community, public, and regulatory agencies; performs related duties as assigned.
SUPERVISION RECEIVED AND EXERCISED
Receives general direction from assigned supervisory or management personnel. Exercises technical and functional direction over and provides training to lower-level staff.
CLASS CHARACTERISTICS
This is the advanced journey-level classification in the Management Analyst series responsible for performing the most complex work assigned to the series. Incumbents regularly work on tasks which are varied and complex, requiring considerable discretion and independent judgment.
Positions in the classification rely on experience and judgment to perform assigned duties.
Assignments are given with general guidelines and incumbents are responsible for establishing objectives, timelines, and methods to complete assignments. Work is typically reviewed upon completion for soundness, appropriateness, and conformity to policy and requirements.
EXAMPLES OF ESSENTIAL JOB FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Assists in developing goals, objectives, policies, procedures, work standards, and administrative control systems.
• Coordinates, oversees, and performs professional-level administrative work in such areas as program and budget development and administration, grants, purchasing, contract administration, management analysis, public information, and program evaluation. • Provides administrative support to assigned department, division, and/or commission; takes on the role of Recording Secretary/Clerk of the Board at commission meetings; prepares agendas, and updates applicable web pages,
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• Develops and administers program, division, department and/or capital project budgets, gathers and analyzes revenue and expense data and information; reviews departmental budget submittals for accuracy, completeness, and the appropriate allocation of funds; develops budgetary recommendations including forecasts of funding needed for staffing, equipment, and materials; prepares justifications for changes, new services, or additional costs. • Researches, recommends, and prepares grant applications; administers grant programs including preparing, analyzing, and tracking grant reports, reimbursements, and other financial information; prepares written reports as required by permitting or granting agencies; ensures compliance with grant requirements.
• Leads the development and implementation of key departmental and City projects related to the goals and functions of the department.
• Prepares and submits agenda reports, resolutions, ordinances, and correspondence regarding assigned activities.
• Develops and manages requests for proposals as well as bids for projects and/or services; prepares specifications, solicitations, and requests for qualifications; obtains, reviews, and maintains bid results; negotiates agreements; supports the monitoring and administration of contracts.
• Receives, reviews, and responds to requests for documents including subpoenas; oversees and maintains accurate records and files; provides for storage of records and retention schedules.
• Conducts a variety of analytical and operational studies regarding departmental and programmatic activities; evaluates alternatives, makes recommendations, and assists with the implementation of procedural, administrative and/or operational changes after approval. • Plans, organizes, and oversees special projects that require coordination with and direction of contract consultants.
• Participates on a variety of interdisciplinary committees and commissions and represents the City to a variety of community and stakeholder groups.
• Communicates orally, in writing or through graphic representations and statistical summaries with colleagues, managers, employees, the public, organized employee groups and representatives of various organizations.
• Acts as liaison to the public; responds to telephone and website inquiries. • Observes and complies with all City and mandated safety rules, regulations, and protocols. • Performs related duties as required.
QUALIFICATIONS
Education and Experience:
Any combination of training and experience that would provide the required knowledge, skills and abilities is qualifying. A typical way to obtain the required qualifications would be:
Education:
Equivalent to a bachelor’s degree from an accredited college or university with major coursework in business or public administration, accounting, economics, or a related field.
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Experience:
Five (5) years of increasingly responsible administrative, budgetary, operational, and/or program management experience.
Licenses and Certifications:
• Possession of a valid California Driver’s License and a satisfactory driving record, to be maintained throughout employment.
Knowledge of:
• Principles of providing functional direction and training. • Principles and techniques for working with groups and fostering effective team interaction to ensure teamwork is conducted smoothly.
• Principles and practices of project and/or program management including planning, development, implementation, monitoring, and evaluation. • City-wide as well as departmental and divisional administrative procedures, practices, and principles.
• Budget development, monitoring and tracking techniques. • Records management principles and practices.
• Basic organization and function of public agencies, including the role of an elected City Council and appointed boards and commissions.
• Advanced principles and practices of business and public administration as applied to citywide operations, programs, projects, and activities. • Advanced principles and techniques of conducting analytical studies, evaluating alternatives, making sound recommendations, and preparing and presenting effective and technical reports.
• Applicable federal, state, and local laws, codes, and regulations as well as industry standards and best practices pertinent to the assigned area of responsibility. • City and mandated safety rules, regulations, and protocols. • Techniques for providing a high level of customer service, by effectively dealing with the public, vendors, contractors, and City staff.
• The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
• Modern equipment and communication tools used for business functions and program, project, and task coordination, including computers and software programs relevant to work performed.
Ability to:
• Plan, organize, and coordinate the work of assigned staff. • Effectively provide staff leadership and work direction. • Assist in developing and implementing goals, objectives, practices, policies, procedures, and work standards.
• Develop, implement, and administer administrative services for a department or unit. • Coordinate and oversee departmental and programmatic administrative, budgeting, and fiscal reporting activities.
• Plan and conduct effective management, administrative, and operational studies.
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• Maintain and direct the maintenance of accurate records and files in both hard copy and computer format.
• Work with contract consultants on a project basis.
• Make accurate arithmetic, financial, and statistical computations. • Understand, interpret, and apply all pertinent laws, codes, regulations, policies, and procedures, and standards relevant to work performed.
• Effectively represent the department and the City in meetings with governmental agencies; community groups; various business, professional, and regulatory organizations; and in meetings with individuals.
• Prepare clear and concise reports, correspondence, documentation, and other written materials.
• Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
• Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments.
• Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
• Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
• Effectively use computer systems, software applications relevant to work performed, and modern business equipment to perform a variety of work tasks.
SUPPLEMENTAL INFORMATION
PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups and over the telephone. This is primarily a sedentary office classification although standing in work areas and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard, typewriter keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push and pull drawers open and closed to retrieve and file information. Positions in this classification occasionally lift and carry reports and records that typically weigh less than 10 pounds.
ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.
DISASTER SERVICE WORKER
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In accordance with California Government Code Section 3100, City of Malibu employees are considered disaster service workers and may be asked to respond in the event of an emergency or natural disaster.
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CITY OF MALIBU
SENIOR OFFICE ASSISTANT
Class Description
Established: July 2013
Revised: July 2024
FLSA: Non-Exempt
DEFINITION
Under general supervision, provides a variety of office support activities to various City offices, which may include data entry, office organization, telephone and counter reception, payment processing, record keeping, report preparation and filing; provides information and assistance to the general public; performs related duties as assigned.
SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from assigned supervisory or management personnel. Exercises no direct supervision over staff.
CLASS CHARACTERISTICS
This journey-level classification in the Office Assistant series, responsible for independently performing clerical duties in support of an assigned program or function. Positions at this level exercise judgment and initiative in their assigned tasks, receive only occasional instruction or assistance as new or unusual situations arise and are fully aware of the operating procedures and policies of the work unit.
This class is distinguished from the Administrative Assistant class series in that the latter provides varied office administrative and secretarial support to a department director and related management, professional, and supervisory staff and performs technical support work related to the department to which assigned.
Positions in the Office Assistant class series are flexibly staffed; positions at the Senior Office Assistant level are normally filled by advancement from the Office Assistant level; progression to the Senior Office Assistant level is dependent on (i) management affirmation that the position is performing the full range of duties assigned to the classification; (ii) satisfactory work performance; (iii) the incumbent meeting the minimum qualifications for the classification including any licenses and certifications; and (iv) management approval for progression to the Senior Office Assistant level.
EXAMPLES OF ESSENTIAL JOB FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Receives and screens visitors and telephone calls; takes messages, directs visitors and callers to the appropriate office or person; provides information to City staff, other Resolution No. 24-33
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organizations, and the public regarding City and departmental activities and functions, requiring the use of judgment and the interpretation of policies, rules, procedures, and ordinances.
• Organizes and maintains various administrative, confidential, reference, and follow-up files, following an established filing system; researches and compiles information from such files and purges files as required; conducts data entry.
• Attends to a variety of office administrative details such as opening and distributing mail, preparing outgoing mail, transmitting information, arranging for equipment maintenance, maintaining supplies and tickler files, maintaining appropriate records, and making copies. • Prepares correspondence, reports, forms, receipts, vouchers, and specialized documents related to the department to which assigned from drafts, notes, brief instructions, corrected copy, or dictated tapes using a word processor or computer with form templates. • Proofreads materials for accuracy, completeness, compliance with departmental policies, formatting, and correct English usage, including grammar, punctuation, and spelling. • Receives public information records requests; researches and reviews responsive records and redacts required information prior to submittal.
• May collect and account for fees and other monies collected and reconcile cash and credit card transactions.
• Observes and complies with all City and mandated safety rules, regulations, and protocols. • Performs related duties as required.
QUALIFICATIONS
Education and Experience:
Any combination of training and experience that would provide the required knowledge, skills and abilities is qualifying. A typical way to obtain the required qualifications would be:
Education:
Equivalent to completion of the twelfth (12th) grade.
Experience:
Two (2) years of increasingly responsible clerical experience. Experience in dealing with the public and working in a public agency setting is highly desirable.
Licenses and Certifications:
• None Required.
Knowledge of:
• Organization and function of public agencies, including the role of an elected City Council and appointed boards and commissions.
• Standard office administrative and secretarial practices and procedures, including the use of standard office equipment.
• Records management principles and practices.
• Business arithmetic and basic statistical techniques. • Appropriate reception and telephone etiquette.
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• Applicable federal, state, and local laws, codes, and regulations as well as industry standards and best practices pertinent to the assigned area of responsibility. • City and mandated safety rules, regulations, and protocols. • Techniques for providing a high level of customer service, by effectively dealing with the public, vendors, contractors, and City staff.
• The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
• Modern equipment and communication tools used for business functions and program, project, and task coordination, including computers and software programs relevant to work performed.
Ability to:
• Provide varied and responsible secretarial and office administrative work. • Respond to and effectively prioritize multiple phone calls, walk-up traffic, and other requests/interruptions.
• Establish and maintain records for the assigned department. • Make accurate arithmetic and basic statistical calculations. • Independently organize work, set priorities, meet critical deadlines and follow-up on assignments.
• Recommend process improvement changes to streamline procedures and implement upon approval.
• Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
• Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
• Prepare clear and concise reports, correspondence, documentation, and other written materials.
• Use tact, initiative, prudence, and independent judgment within general policy and procedural guidelines.
• Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
• Effectively use computer systems, software applications relevant to work performed, and modern business equipment to perform a variety of work tasks.
SUPPLEMENTAL INFORMATION
PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. This is primarily a sedentary office classification although standing in work areas and walking between work areas may be required.
Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information.
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Employees must possess the ability to lift, carry, push, and pull materials and objects up to 20 pounds.
ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing divisional policies and procedures.
DISASTER SERVICE WORKER
In accordance with California Government Code Section 3100, City of Malibu employees are considered disaster service workers and may be asked to respond in the event of an emergency or natural disaster.
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CITY OF MALIBU
SENIOR PERMIT SERVICES TECHNICIAN
Class Description
Established: July 2013
Revised: July 2024
FLSA: Non-Exempt
DEFINITION
Under direction, leads and oversees permit processing activities, ensuring compliance with regulatory standards, municipal codes, and ordinances; receives and processes permit applications; calculates fees; provides information and assistance to the public regarding permit processes and regulations; facilitates the evaluation and approval of permit applications, plans, and specifications; conducts thorough reviews and assessments; and performs related duties as assigned.
SUPERVISION RECEIVED AND EXERCISED
Receives direction from Supervising Permit Services Technician. Exercises technical and functional direction over and provides training to lower-level staff.
CLASS CHARACTERISTICS
This is the advanced journey-level classification in the Permit Services Technician series responsible for performing the most complex assignments within the series. Incumbents regularly engage in varied tasks, necessitating discretion and independent judgment. Positions in the classification rely on experience and judgment to ensure efficient and effective servicing of the assigned program area. Assignments are provided with general guidelines, and incumbents are accountable for establishing objectives, timelines, and methodologies to complete assignments.
Work is typically reviewed upon completion for soundness, appropriateness, and conformity to policy and requirements.
This class is distinguished from the Supervising Permit Services Technician in that the latter is the full supervisory classification with responsibilities for the supervision and evaluation of assigned staff.
EXAMPLES OF ESSENTIAL JOB FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Oversees and coordinates the review and execution of permit applications, plans, specifications, and supporting documents for commercial and residential properties, ensuring compliance with relevant codes, regulations, and standards. • Participates in and provides feedback for personnel actions including selection, performance evaluation, promotion, and disciplinary actions.
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• Leads, reviews, and assigns work to lower-level staff; provides guidance, training, and support to ensure efficient and accurate permit processing and compliance with regulatory standards. • Provides customer service support and assistance regarding complex and advanced community development, building, and permit processes, fees, and procedures. • Receives, evaluates, and processes permit applications, plans, specifications, and related documents; calculates and collects applicable fees; issues permits and releases approved plans.
• Conducts preliminary reviews of submitted plans; collaborates with other City staff and departments to facilitate plan review activities.
• Establishes and maintains databases, spreadsheets, files, and records pertaining to permit applications, approvals, and documentation; ensures data accuracy and compliance with records retention requirements.
• Conducts research, compiles data, and prepares correspondence, reports, and documentation to support permit processing and related tasks. • Validates the completeness and compliance of applications, records, files, and reports with established regulations and procedures; applies departmental and City policies to ensure the adequacy of documentation.
• Coordinates appointments and provides assistance to homeowners, applicants, and contractors; facilitates communication between inspectors and stakeholders. • Manages online portal requests and oversees plan check resubmittals; communicates status updates and approvals to applicants via email.
• Guides applicants through the plan check and permit process; oversees permit issuance and plan check creation.
• Reviews structural, architectural, civil, pool/spa, solar, landscape water treatment system plans for residential and commercial projects.
• Manages project progression from initial review through resubmittals and routing; calculates and invoices fees for plan checks, permits, additional services, and extensions. • Collects and processes fees and verifies compliance with approved building plans; stamps approved documents accordingly.
• Performs other duties as assigned.
QUALIFICATIONS
Education and Experience:
Any combination of training and experience that would provide the required knowledge, skills and abilities is qualifying. A typical way to obtain the required qualifications would be:
Education:
Equivalent to completion of the twelfth (12th) grade, supplemented by specialized training or coursework in permit issuance, building inspection procedures, or related fields.
Experience:
Three (3) of increasingly responsible experience in permit issuance, building inspection procedures, or a related field.
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Licenses and Certifications:
• Possession of a valid International Code Council (I.C.C.) Permit Technician certificate to be maintained throughout employment.
• Possession of a valid California Driver’s License and a satisfactory driving record, to be maintained throughout employment.
Knowledge of:
• Principles and practices of leadership.
• Principles of providing functional direction and training. • Principles and techniques for working with groups and fostering effective team interaction to ensure teamwork is conducted smoothly.
• Permit issuance, building inspection procedures, and code enforcement programs, procedures, and requirements.
• Research methods, data collection techniques, and reporting procedures. • Business correspondence writing and standard formats for reports and documents. • Processes and procedures of preparing and processing various applications, plans, records, and forms.
• Principles and procedures related to record-keeping and data management. • Basic business arithmetic.
• Applicable federal, state, and local laws, codes, regulations, and industry standards relevant to the position.
• City and mandated safety rules, regulations, and protocols. • Techniques for providing a high level of customer service, by effectively dealing with the public, vendors, contractors, and City staff.
• The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
• Modern equipment and communication tools used for business functions and program, project, and task coordination, including computers and software programs relevant to work performed.
Ability to:
• Effectively provide staff leadership and work direction. • Assist in developing and implementing goals, objectives, practices, policies, procedures, and work standards.
• Explain permit issuance, building inspection, and code enforcement procedures clearly and effectively.
• Research, summarize, and present information and data. • Process various permit applications, plans, reports, and forms accurately and efficiently. • Review and understand plans and related documents.
• Manage multiple phone calls and requests for information or service simultaneously. • Make accurate mathematical computations.
• Interpret and apply relevant laws, codes, regulations, policies, and procedures. • Maintain accurate records, reports, and written documentation. • Prepare clear and concise reports, correspondence, and other written materials. • Exercise tact, initiative, prudence, and judgment within established guidelines. • Organize work, prioritize tasks, meet deadlines, and follow up on assignments.
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• Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
• Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
• Effectively use computer systems, software applications relevant to work performed, and modern business equipment to perform a variety of work tasks.
SUPPLEMENTAL INFORMATION
PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle and visit various City sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. This is primarily a sedentary office classification although standing in work areas and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects up to 20 pounds.
ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing divisional policies and procedures.
DISASTER SERVICE WORKER
In accordance with California Government Code Section 3100, City of Malibu employees are considered disaster service workers and may be asked to respond in the event of an emergency or natural disaster.
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CITY OF MALIBU
SENIOR PLAN CHECK ENGINEER
Class Description
Established: July 2024
Revised: N/A
FLSA: Non-Exempt
DEFINITION
Under general direction, performs the most complex and difficult professional field and office reviews of architectural, structural, and building plans for construction or alteration of commercial, and residential structures for compliance with the federal and state regulations, City regulations, and accepted engineering and construction principles and practices; confers with architects, engineers, and homeowners regarding permit requirements and building code issues; administers professional services and construction contracts; provides professional assistance to management and others in areas of expertise; performs a variety of studies and prepares and presents staff reports; and performs related duties as assigned.
SUPERVISION RECEIVED AND EXERCISED
Receives general direction from assigned supervisory or management personnel. Exercises technical and functional direction over and provides training to lower-level staff.
CLASS CHARACTERISTICS
This is the advanced journey-level classification in the Plan Check Engineer series responsible for performing the most complex work assigned to the series. Incumbents regularly work on tasks which are varied and complex, requiring considerable discretion and independent judgment. Positions in the classification rely on experience and judgment to perform assigned duties. Assignments are given with general guidelines and incumbents are responsible for establishing objectives, timelines, and methods to complete assignments. Work is typically reviewed upon completion for soundness, appropriateness, and conformity to policy and requirements.
EXAMPLES OF ESSENTIAL JOB FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Provides engineering services and consultation to a variety of field and office personnel and personally performs difficult engineering work and contract administration; prepares and initiates a variety of project-related studies and reports. • Provides technical direction and guidance on the application of building and life safety codes, ordinances, and policies for plan reviewers and inspectors.
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• Recommends and implements changes to policy and procedure based on examination of applicable federal, state, and local codes, ordinances, policies, and regulations in construction and industrial facilities’ design.
• Reviews and analyzes commercial and complex residential building plans, structural calculations, specifications, and engineering reports for conformance with structural design, zoning, grading, and other applicable codes, ordinances, and accepted design and construction practices.
• Checks plans to determine loading on roofs, walls, and floors, type of structural connections, and adequacy of design to meet earthquake, flood zone, wind load, gravity, and material stress requirements.
• Coordinates and facilitates meetings to confer with engineers, architects, contractors, designers, and others on plan design, code interpretation, and the resolution of design problems.
• Analyzes building designs to ensure basic engineering principles have been achieved; provides information on City development requirements.
• Performs field inspections; works and responds to staff and the public to address and correct areas of concern that arise during plan check, inspection, and construction activities; reviews the adequacy and safety of structural problems that arise during construction and recommends solutions.
• Researches, analyzes, and reviews legislative proposals and new code requirements, construction methods, building materials, and plan review criteria; develops recommendations for policy and procedure changes and implements upon approval. • Recommends changes in codes to resolve design and interpretation problems and to accommodate and control new materials and new design concepts; provides technical review and recommendations on code modifications.
• Prepares reports and presentations for public and private bodies, represents the City before State and Federal regulatory agencies, and applies for and obtains permits. • Coordinates plan review with plan check consultants; provides interpretations of structural code requirements; reviews plan check letters and other deliverables submitted by consultants for conformance to City standards and to ensure comments are clear, specific, and relevant.
• Drafts a variety of written communications including analytical reports, correspondence, and revisions to plans, policies, and procedures; prepares reports pertaining to structural engineering problems and building code enforcement.
• Monitors systems and procedures for contract administration to ensure compliance with technical and legal requirements.
• Monitors changes in laws, regulations and technology that may affect departmental operations; implements policy and procedural changes after approval. • Participates on a variety of interdisciplinary committees and commissions and represents the city on plan check engineering and building safety issues to a variety of community and stakeholder groups.
• Attends meetings, conferences, workshops, and training sessions and reviews publications and materials to become and remain current on principles, practices, and new developments in building construction methods, materials, and requirements. • Observes and complies with all City and mandated safety rules, regulations, and protocols.
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• Performs related duties as required.
QUALIFICATIONS
Education and Experience:
Any combination of training and experience that would provide the required knowledge, skills and abilities is qualifying. A typical way to obtain the required qualifications would be:
Education:
Equivalent to a bachelor’s degree from an accredited college or university with major coursework in civil or structural engineering or related field.
Experience:
Five (5) years of increasingly responsible experience in the review and design of structural engineering plans and specifications.
Licenses and Certifications:
• Possession of a valid California Driver’s License and a satisfactory driving record, to be maintained throughout employment.
• Possession of a valid registration as a Professional Engineer (PE), to be maintained throughout employment.
• Certification as a Building Plans Examiner issued by the International Code Council or other authorizing agency.
Knowledge of:
• Principles of providing functional direction and training. • Principles and practices of leadership.
• Principles and techniques for working with groups and fostering effective team interaction to ensure teamwork is conducted smoothly.
• Structural engineering principles, techniques, policies, and procedures. • Building construction methods and materials.
• Applicable federal, state, and local laws, codes, rules, regulations, and standards related to plan checking.
• Modern developments, current literature, and sources of information regarding architecture or engineering.
• Practices of researching architectural, structural, and building design issues, evaluating alternatives, making sound recommendations, and preparing effective reports. • Principles of structural design and engineering mathematics. • Research methods and sources of information related to plan checking. • Principles and procedures of record-keeping and preparation of correspondence and reports.
• City and mandated safety rules, regulations, and protocols. • Techniques for providing a high level of customer service, by effectively dealing with the public, vendors, contractors, and City staff.
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• The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
• Modern equipment and communication tools used for business functions and program, project, and task coordination, including computers and software programs relevant to work performed.
Ability to:
• Assist in developing and implementing goals, objectives, practices, policies, procedures, and work standards.
• Provide administrative, management, and professional leadership for the section. • Examine and correct building plans, calculations, and specifications in a uniform and accurate manner.
• Make structural and required mathematical calculations necessary to determine the adherence of structural plans to code requirements.
• Read, understand, and interpret engineering construction plans, technical drawings, specifications, studies, reports, permits, and other documents. • Review and approve the work of contract consultants.
• Effectively represent the department and the City in meetings with governmental agencies; community groups; various business, professional, and regulatory organizations; and in meetings with individuals.
• Prepare clear and concise reports, correspondence, documentation, and other written materials.
• Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
• Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments.
• Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
• Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
• Effectively use computer systems, software applications relevant to work performed, and modern business equipment to perform a variety of work tasks.
SUPPLEMENTAL INFORMATION
PHYSICAL DEMANDS
When assigned to an office environment, must possess mobility to work in a standard office setting and use standard office equipment, including a computer; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone; ability to stand and walk between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information.
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When assigned to field inspection, must possess mobility to work in changing site conditions; possess the strength, stamina, and mobility to perform light physical work; to sit, stand, and walk on level, uneven, or slippery surfaces; to reach, twist, turn, kneel, and bend and to operate a motor vehicle and visit various City sites; vision to inspect site conditions and work in progress.
The job involves fieldwork requiring walking in operational areas to identify problems or hazards, with exposure to hazardous materials in some site locations. Employees must possess the ability to lift, carry, push, and pull materials and objects averaging a weight of 20 pounds, or heavier weights, in all cases with the use of proper equipment and/or assistance from other staff.
ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees also work in the field and are exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, confining workspace, chemicals, mechanical and/or electrical hazards, and hazardous physical substances and fumes. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.
DISASTER SERVICE WORKER
In accordance with California Government Code Section 3100, City of Malibu employees are considered disaster service workers and may be asked to respond in the event of an emergency or natural disaster.
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CITY OF MALIBU
SENIOR PLANNER
Class Description
Established: July 2013
Revised: July 2024
FLSA: Non-Exempt
DEFINITION
Under general direction, administers current and advanced planning activities including zoning, redevelopment, housing and advanced planning; serves as project manager for complex development applications; provides information and assistance to property owners, developers, contractors and the public; provides professional assistance to the Planning Director, the City Council, the Planning Commission and others in areas of expertise; oversees, reviews and performs a variety of studies and prepares and presents staff reports; performs related duties as assigned.
SUPERVISION RECEIVED AND EXERCISED
Receives direction from the Planning Director or designee. Exercises technical and functional supervision over and provides training to lower-level professional planning and administrative staff.
CLASS CHARACTERISTICS
The Senior Planner is the advanced journey-level class in this professional Planner series responsible for the most complex work assigned to the series. Incumbents regularly work on tasks which are varied and complex, requiring considerable discretion and independent judgment.
Positions in this class rely on experience and judgment to perform assigned duties. Assignments are given with general guidelines and incumbents are responsible for establishing objectives, timelines, and methods to complete assignments. Work is typically reviewed upon completion for soundness, appropriateness, and conformity to policy and requirements.
EXAMPLES OF ESSENTIAL JOB FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Reviews complex residential, commercial, and industrial development proposals, plans. and applications for conformance with City policies and ordinances, the General Plan, the Local Coastal Program, and state and federal laws.
• Confers and coordinates assigned planning and development activities with those of City departments, public utilities, and public agencies to solicit comments regarding projects and ensures that the comments are satisfactorily addressed by the project applicant. • Provides day-to-day technical support and direction to lower-level professional, technical, and administrative staff.
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• Prepares and processes California Environmental Quality Act (CEQA) compliance documents.
• Confers with and provides information to property owners, contractors, developers, engineers, architects, and the public regarding conformance to standards, plans, specifications, and codes; explains codes, requirements and procedures and evaluates alternatives. • Prepares or oversees preparation of modifications to General Plan elements and/or Local Coastal Program and development regulations; prepares draft ordinances, resolutions, and agenda items for council approval.
• Compiles information for a variety of studies and reports; researches, analyzes, and interprets social, economic, population and land use data and trends; develops recommendations and prepares written reports on various planning matters and elements of the City’s General Plan. • Prepares staff reports and various technical and informational reports; prepares presentations and presents to City Council, boards, commissions, committees, various groups, and other jurisdictions interested in or affected by City planning and development. • Serves as project manager for complex planning projects, including analyzing and evaluating site and architectural plans, performing technical review and making recommendations; manages consultant contracts including determining scope of work and budgets, tracking budgets and approving contract payments.
• Conducts site inspections, including determining if projects are in compliance with laws, regulations, and ordinances; makes recommendations regarding changes. • Conducts studies and needs assessments for the development of programs to address significant development issues.
• Maintains accurate records and files.
• Performs related duties as required.
QUALIFICATIONS
Education and Experience:
Any combination of training and experience which would provide the required knowledge, skills and abilities is qualifying. A typical way to obtain the required qualifications would be:
Education:
Equivalent to a bachelor’s degree from an accredited college or university with major course work in urban planning, community development, business or public administration or a related field.
Experience:
Four (4) years of professional experience in planning, zoning, and related community development activities.
Licenses and Certifications:
• Possession of a valid California Driver’s License and a satisfactory driving record to be maintained throughout employment.
Knowledge of:
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• Principles and practices of leadership.
• Principles of providing functional direction and training. • Principles and techniques for working with groups and fostering effective team interaction to ensure teamwork is conducted smoothly.
• Municipal planning principles, techniques, practices, and procedures including knowledge of general plans, zoning ordinances, specific plans and development standards and practices.
• Geographic, socio-economic, transportation, political and other elements related to City planning.
• Site planning and architectural design principles.
• Local coastal planning.
• Researching and reporting methods, techniques, and procedures. • Recent development, current literature, and sources of information related to information planning and zoning.
• Basic organization and function of public agencies, including the role of an elected City Council and appointed boards and commissions.
• Practices of researching planning issues, evaluating alternatives, making sound recommendations, and preparing and presenting effective staff reports. • Methods and techniques of effective technical report preparation and presentation. • General principles of risk management related to the functions of the assigned area. • Applicable federal, state, and local laws, codes, and regulations as well as industry standards and best practices pertinent to the assigned area of responsibility. • City and mandated safety rules, regulations, and protocols • Techniques for effectively representing the City in contacts with governmental agencies, community groups, various business, professional, educational, and regulatory organizations and with property owners, developers, contractors, and the public. • Techniques for providing a high level of customer service, by dealing effectively with the public, vendors, contractors, and City staff.
• The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
• Modern equipment and communication tools used for business functions and program, project, and task coordination, including computers and software programs relevant to work performed.
Ability to:
• Plan, organize, and coordinate the work of assigned staff. • Effectively provide staff leadership and work direction. • Assist in developing and implementing goals, objectives, practices, policies, procedures, and work standards.
• Receive and respond to a variety of questions from the general public, contractors and developers; interpret planning and zoning programs, policies, processes, codes and regulations.
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• Review applications for accuracy and completeness; process and/or submit to other planning staff for action.
• Conduct research, compile technical and statistical information to evaluate alternatives, make sound recommendations, and prepare effective technical staff reports. • Prepare clear and concise reports, correspondence, documentation, and other written materials.
• Effectively representing the department and the City in meetings with governmental agencies, community groups and various businesses, professional, and regulatory organizations and in meetings with individuals.
• Understand, interpret, and apply all pertinent laws, codes, regulations, policies, procedures, and standards relevant to work performed.
• Enforce ordinances and regulations effectively and tactfully. • Read and understand technical drawings, plans, and specifications and make effective site visits.
• Research, analyze, and evaluate new service delivery methods, procedures, and techniques.
• Make effective public presentations.
• Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments.
• Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
• Use tact, initiative, prudence and independent judgment within general policy, procedural, and legal guidelines.
• Establishing and maintaining effective working relationships with those contacted in the course of the work.
• Effectively use computer systems, software applications relevant to work performed, and modern business equipment to perform a variety of work tasks.
SUPPLEMENTAL INFORMATION
PHYSICAL DEMANDS
While working in an office environment, must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle and to visit various City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups and over the telephone. This is primarily a sedentary office classification although standing in work areas and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard, or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects up to 20 pounds.
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When performing work in the field, must possess mobility to work in changing site conditions; to sit, stand, and walk on level, uneven, or slippery surfaces; to reach, twist, turn, kneel, and bend; and to operate a motor vehicle and visit various City sites; vision to inspect site conditions; the job involves fieldwork requiring frequent walking in operational areas to identify problems or hazards, with exposure to hazardous materials in some site locations.
ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions and no direct exposure to hazardous physical substances. Employees also work in the field and are exposed to loud noise levels, cold and hot temperatures, and inclement weather conditions. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.
DISASTER SERVICE WORKER
In accordance with California Government Code Section 3100, City of Malibu employees are considered disaster service workers and may be asked to respond in the event of an emergency or natural disaster.
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CITY OF MALIBU
SUPERVISING BUILDING INSPECTOR
Class Description
Established: January 2019
Revised: July 2024
FLSA: Non-Exempt
DEFINITION
Under general direction, oversees and coordinates the daily operations of the building inspection work unit; plans, organizes, and supervises the work of technical staff engaged in conducting inspections; enforces compliance with building codes and regulations; participates in budget preparation; represents the department in meetings and community forums; and performs related duties as assigned.
SUPERVISION RECEIVED AND EXERCISED
Receives general direction from assigned management personnel. Exercises direct supervision over technical staff.
CLASS CHARACTERISTICS
This is the full supervisory-level class in the Building Inspection series that exercises independent judgment on diverse and specialized functions associated with building inspection services.
Incumbents are responsible for planning, organizing, supervising, reviewing, and evaluating the work of assigned staff and for overseeing day-to-day building inspection operations. Performance of the work requires the use of independence, initiative, and discretion within established guidelines and scope of practice.
EXAMPLES OF ESSENTIAL JOB FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Assists in the development of goals, objectives, policies, and procedures for building inspection services and programs; recommends and implements policies and procedures, including standard operating procedures, to enhance operational efficiency and effectiveness. • Oversees and monitors the activities of the building inspection work unit; identifies opportunities for improving service delivery and operational procedures; provides recommendations for process changes and improvements; collaborates with appropriate management staff to implement enhancements.
• Coordinates building inspection services and operations with other divisions within the department and external agencies, fostering collaboration and ensuring seamless integration of services.
• Contributes to the annual budget preparation process by identifying resource needs, preparing detailed cost estimates with justifications, and monitoring expenditures to ensure fiscal responsibility and alignment with departmental priorities.
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• Provides expert staff assistance to management, including preparing a variety of reports, memoranda, and communications; supervises the establishment and maintenance of comprehensive reports, records, and files, ensuring accurate documentation of operations and activities.
• Serves as a point of contact for the public, addressing inquiries and providing information on building inspection services and regulations; investigates and responds to complaints and inquiries from citizens, other departments, and external agencies, recommending corrective actions to resolve issues effectively.
• Conducts advanced non-structural plan checks and reviews intricate energy calculations to ensure compliance with stringent State codes, guaranteeing energy efficiency and sustainability in building design and construction.
• Performs comprehensive inspections of commercial and residential properties, assessing adherence to complex codes, regulations, and standards related to structural integrity, safety, and compliance.
• Consults with the Building Official, Deputy Building Official, and City legal staff regarding legal aspects of code compliance and building matters.
• Writes “stop work” notices for work being done without permits or in an unsafe manner. • May testify in court and/or at administrative hearings. • Performs grading inspections with an emphasis on drainable systems, compaction, subdrainage, and environmental protection.
• Coordinates grading, Environmental Health, County Fire and Health Departments for their final releases
• Attends pre-construction site meetings with engineers, architects, contractors, and owners. • Confers with and provides information to developers, engineers, architects, property owners, contractors and others regarding code requirements and alternatives; investigates and resolves complaints and problems.
• Collaborates with legal, fire, and public works staff to provide expert guidance on complex building, fire, life safety, and zoning code interpretations and applications. • Supervises and contributes to the compilation of data for various departmental, statemandated, and statistical reports. • Manages and updates files, databases, and records pertinent to building inspection activities; generates a variety of written reports, memoranda, and correspondence as needed. • Represents the City in meetings with stakeholders from public and private organizations, community groups, and the general public, fostering positive relationships and addressing concerns collaboratively.
• Actively participates in professional group meetings to remain abreast of emerging trends and innovations in building inspection practices and regulations, incorporating best practices into departmental operations.
• Enforces adherence to City and mandated safety regulations, protocols, and procedures among staff members, ensuring a safe and compliant work environment at all times. • Performs other duties as assigned.
QUALIFICATIONS
Education and Experience:
Any combination of training and experience which would provide the required knowledge, skills and abilities is qualifying. A typical way to obtain the required qualifications would be:
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Education:
Equivalent to completion of the twelfth (12th) grade, supplemented by specialized training in building inspection, construction management, engineering, or a closely related field.
Experience:
Five (5) years of increasingly responsible experience in building inspection, construction management, or a related field, including one (1) year of lead supervision.
License:
• Certification as a Combination Building Inspector issued by the International Code Council (ICC) or other approved certifying agency.
• Possession of a valid California Driver’s License and a satisfactory driving record, to be maintained throughout employment.
Knowledge of:
• Principles and practices of employee supervision, including work planning, assignment review and evaluation, discipline, and the training of staff in work procedures. • Principles and practices of leadership.
• Principles and techniques for working with groups and fostering effective team interaction to ensure teamwork is conducted smoothly.
• Basic principles and practices of budget administration and monitoring. • Building, plumbing, electrical, mechanical, life safety, energy, and related codes, as well as familiarity with their application in residential, commercial, and industrial construction projects. • Construction methods, materials, tools, and equipment commonly used in residential, commercial, and industrial construction, including their proper installation and usage. • Practices and techniques for documenting inspections, correcting violations, and carrying through on court procedures.
• Codes, ordinances, and regulations, including safety standards relevant to building inspection and construction activities.
• Concepts and practices of non-structural plan review. • Mathematical principles, including algebra, geometry, and trigonometry, necessary for analyzing structural designs, performing calculations, and interpreting technical documents related to building inspection and construction.
• Principles and practices of data collection and report preparation. • Applicable federal, state, and local laws, codes, and regulations relevant to the assigned area of responsibility.
• City and mandated safety rules, regulations, and protocols. • Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.
• The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
• Modern equipment and communication tools used for business functions and program, project, and task coordination, including computers and software programs relevant to work performed.
Ability to:
• Assist in developing and implementing goals, objectives, practices, policies, procedures, and work standards.
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• Select and supervise staff, provide training and development opportunities, ensure work is performed effectively, and evaluate performance in an objective and positive manner. • Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
• Read, analyze, interpret, and detect deviations from approved building and construction plans, diagrams, and specifications.
• Enforce a wide range of building and related codes and regulations effectively. • Perform thorough and accurate inspections of construction, alteration, or repair activities for buildings and site development projects and identify potential issues. • Providing clear and concise guidance to facilitate compliance with building codes and regulations. • Identify problems, research, and analyze relevant information, and develop and present recommendations and justification for solutions.
• Make accurate arithmetic, financial, and statistical computations. • Respond to complaints or inquiries from citizens, staff, and outside organizations. • Prepare clear, effective, and accurate reports, correspondence, and other written materials. • Maintain accurate logs, records, and written records of work performed. • Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments. • Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
• Effectively use computer systems, software applications relevant to work performed, and modern business equipment to perform work tasks.
• Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
• Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
SUPPLEMENTAL INFORMATION
PHYSICAL DEMANDS
When assigned to an office environment, must possess mobility to work in a standard office setting and use standard office equipment, including a computer; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone; ability to stand and walk between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information.
When assigned to field inspection, must possess mobility to work in changing site conditions; possess the strength, stamina, and mobility to perform light physical work; to sit, stand, and walk on level, uneven, or slippery surfaces; to reach, twist, turn, kneel, and bend, to climb and descend ladders; and to operate a motor vehicle and visit various City sites; vision to inspect site conditions and work in progress. The job involves field work requiring frequent walking in operational areas to identify problems or hazards, with exposure to hazardous materials in some site locations.
Employees must possess the ability to lift, carry, push, and pull materials and objects averaging a weight of 40 pounds, or heavier weights, in all cases with the use of proper equipment and/or assistance from other staff.
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ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees also work in the field and are exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, confining workspace, chemicals, mechanical and/or electrical hazards, and hazardous physical substances and fumes. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.
DISASTER SERVICE WORKER
In accordance with California Government Code Section 3100, City of Malibu employees are considered disaster service workers and may be asked to respond in the event of an emergency or natural disaster.
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CITY OF MALIBU
SUPERVISING PERMIT SERVICES TECHNICIAN
Class Description
Established: January 2024
Revised: N/A
FLSA: Non-Exempt
DEFINITION
Under general direction, oversees and coordinates the daily operations of permit processing activities, including permit applications, plans, specifications, and supporting documents for commercial and residential properties; ensures compliance with regulatory standards, municipal codes, and ordinances; plans, organizes, and supervises the work of technical staff engaged in permit review and processing; performs the most complex evaluation and approval of permit applications, plans, and specifications; participates in budget preparation; and performs related duties as assigned.
SUPERVISION RECEIVED AND EXERCISED
Receives general direction from assigned management personnel. Exercises direct supervision over technical staff.
CLASS CHARACTERISTICS
This is the full supervisory-level class in the Permit Technician series that exercises independent judgment on diverse and specialized functions associated with permit processing. Incumbents are responsible for planning, organizing, supervising, reviewing, and evaluating the work of assigned staff and for overseeing day-to-day permit processing operations. Performance of the work requires the use of independence, initiative, and discretion within established guidelines and scope of practice.
EXAMPLES OF ESSENTIAL JOB FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Supervises the review and execution of permit applications, plans, specifications, and supporting documents for commercial and residential properties, ensuring compliance with relevant codes, regulations, and standards.
• Assists in the development of goals, objectives, policies, and procedures for permit application processing; recommends and implements policies and procedures, including standard operating procedures, to enhance operational efficiency and effectiveness. • Coordinates permit services and operations with other divisions within the department and external agencies, fostering collaboration and ensuring seamless integration of services.
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• Contributes to the annual budget preparation process by identifying resource needs, preparing detailed cost estimates with justifications, and monitoring expenditures to ensure fiscal responsibility and alignment with departmental priorities. • Provides staff assistance to management, including preparing a variety of reports, memoranda, and communications; supervises the establishment and maintenance of comprehensive reports, records, and files, ensuring accurate documentation of operations and activities.
• Serves as a point of contact for the public, addressing inquiries and providing information on permitting services and City policies and procedures; investigates and responds to complaints and inquiries from citizens, other departments, and external agencies, recommending corrective actions to resolve issues effectively. • Participates in the selection of, trains, motivates, and evaluates assigned personnel; works with employees to correct deficiencies; recommends and implements discipline. • Provides customer service support and assistance regarding complex and advanced community development, building, and permit processes, fees, and procedures. • Receives, evaluates, and processes permit applications, plans, specifications, and related documents; calculates and collects applicable fees; issues permits and releases approved plans.
• Conducts preliminary reviews of submitted plans; collaborates with other City staff and departments to facilitate plan review activities.
• Conducts research, compiles data, and prepares correspondence, reports, and documentation to support permit processing and related tasks. • Validates the completeness and compliance of applications, records, files, and reports with established regulations and procedures; applies departmental and City policies to ensure the adequacy of documentation.
• Supervises and contributes to the compilation of data for various departmental, statemandated, and statistical reports. • Manages and updates files, databases, and records pertinent to permitting activities; generates a variety of written reports, memoranda, and correspondence as needed. • Reviews structural, architectural, civil, pool/spa, solar, landscape water treatment system plans for residential and commercial projects.
• Manages project progression from initial review through resubmittals and routing; calculates and invoices fees for plan checks, permits, additional services, and extensions. • Represents the City in meetings with stakeholders from public and private organizations, community groups, and the general public.
• Enforces adherence to City and mandated safety regulations, protocols, and procedures among staff members, ensuring a safe and compliant work environment at all times. • Performs other duties as assigned.
QUALIFICATIONS
Education and Experience:
Any combination of training and experience that would provide the required knowledge, skills and abilities is qualifying. A typical way to obtain the required qualifications would be:
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Education:
Equivalent to completion of the twelfth (12th) grade, supplemented by specialized training or coursework in permit issuance, building inspection procedures, or related fields.
Experience:
Five (5) of increasingly responsible experience in permit issuance, building inspection procedures, or related work experience, including one (1) year of lead supervisory experience.
Licenses and Certifications:
• Possession of a valid International Code Council (I.C.C.) Permit Technician certificate to be maintained throughout employment.
• Possession of a valid California Driver’s License and a satisfactory driving record, to be maintained throughout employment.
Knowledge of:
• Principles and practices of employee supervision, including work planning, assignment review and evaluation, discipline, and the training of staff in work procedures. • Principles and techniques for working with groups and fostering effective team interaction to ensure teamwork is conducted smoothly.
• Permit issuance, building inspection procedures, and code enforcement programs, procedures and requirements.
• Research methods, data collection techniques, and reporting procedures. • Business correspondence writing and standard formats for reports and documents. • Processes and procedures of preparing and processing various applications, plans, records, and forms.
• Principles and procedures related to record-keeping and data management. • Applicable federal, state, and local laws, codes, regulations, and industry standards relevant to the position.
• City and mandated safety rules, regulations, and protocols. • Techniques for providing a high level of customer service, by effectively dealing with the public, vendors, contractors, and City staff.
• The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
• Modern equipment and communication tools used for business functions and program, project, and task coordination, including computers and software programs relevant to work performed.
Ability to:
• Assist in developing and implementing goals, objectives, practices, policies, procedures, and work standards.
• Select and supervise staff, provide training and development opportunities, ensure work is performed effectively, and evaluate performance in an objective and positive manner. • Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
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• Explain permit issuance, building inspection, and code enforcement procedures clearly and effectively.
• Research, summarize, and present information and data. • Process various permit applications, plans, reports, and forms accurately and efficiently. • Review and understand plans and related documents.
• Make accurate mathematical computations.
• Interpret and apply relevant laws, codes, regulations, policies, and procedures. • Maintain accurate records, reports, and written documentation. • Prepare clear and concise reports, correspondence, and other written materials. • Exercise tact, initiative, prudence, and judgment within established guidelines. • Organize work, prioritize tasks, meet deadlines, and follow up on assignments. • Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
• Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
• Effectively use computer systems, software applications relevant to work performed, and modern business equipment to perform a variety of work tasks.
SUPPLEMENTAL INFORMATION
PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle and visit various City sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. This is primarily a sedentary office classification although standing in work areas and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects up to 20 pounds.
ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing divisional policies and procedures.
DISASTER SERVICE WORKER
In accordance with California Government Code Section 3100, City of Malibu employees are considered disaster service workers and may be asked to respond in the event of an emergency or natural disaster.
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CITY OF MALIBU
WASTEWATER MANAGEMENT PROGRAM SPECIALIST
Class Description
Established: July 2018
Revised: July 2024
FLSA: Non-Exempt
DEFINITION
Under general direction, performs a variety of technical duties in support of the Wastewater Management Program; assists in program development and implementation; maintains program databases; coordinates with stakeholders and provides technical support; prepares reports and documentation; and performs related duties as assigned.
SUPERVISION RECEIVED AND EXERCISED
Receives general direction from assigned supervisory or management personnel. Exercises no direct supervision over staff.
CLASS CHARACTERISTICS
This journey-level classification is responsible for independently performing technical duties in support of the Wastewater Management Program. Positions at this level exercise judgment and initiative in their assigned tasks, receive occasional instruction or assistance as new or unusual situations arise, and demonstrate full awareness of the operating procedures and policies of the work unit.
EXAMPLES OF ESSENTIAL JOB FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Assists in the development and implementation of the wastewater management program, collaborating with stakeholders to ensure alignment with regulatory requirements and city objectives.
• Organizes, administers, and coordinates the program database, including Integrated Wastewater Information Wastewater Information Management System (IWIMS), to maintain accurate data entries and generate reports, lists, and informational spreadsheets for program evaluation and reporting purposes. • Supports the management and maintenance of various program components, such as the operating permit program, point of sale program, and short-term rental program, to ensure compliance with established guidelines and regulations. • Assists in the management of the practitioner registration program and local agency management program, overseeing registration processes and facilitating communication with stakeholders.
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• Provides oversight assistance in water quality monitoring programs and special studies; collaborates with internal and external partners to analyze data and identify trends for program improvement.
• Coordinates with code enforcement on matters related to the illicit discharge of wastewater and other sources, ensuring timely resolution and compliance with regulatory requirements.
• Assists in the issuance of building permits for wastewater treatment systems; reviews applications and supporting documentation to ensure adherence to program standards. • Offers technical staff support in the review of environmental documents and legislation; provides expertise to ensure program compliance and alignment. • Assists in the preparation of ordinances and other supporting program documents; contributes to the development and implementation of policies and procedures to support wastewater management efforts.
• Prepares and monitors program grants and related proposals; assists with the grant application processes.
• Coordinates the work of outside consultants hired to develop or implement projects related to wastewater management; provides guidance and oversight to ensure project success and alignment with program goals.
• Observes and complies with all City and mandated safety rules, regulations, and protocols.
• Performs related duties as required.
• Makes oral and written presentations to the City Council, staff, the public and professional groups.
QUALIFICATIONS
Education and Experience:
Any combination of training and experience that would provide the required knowledge, skills and abilities is qualifying. A typical way to obtain the required qualifications would be:
Education:
Equivalent to a bachelor’s degree from an accredited college or university with major coursework in Environmental Science, Environmental Engineering, Public Administration, or a related field.
Experience:
Two (2) years of increasingly responsible experience in environmental management, wastewater treatment, or a closely related field.
Licenses and Certifications:
• Possession of a valid California Driver’s License and a satisfactory driving record, to be maintained throughout employment.
Knowledge of:
• Federal, state, and local laws and regulations governing the management of Onsite Wastewater Treatment Systems (OWTS) and other environmental issues, ensuring compliance and adherence to regulatory standards.
Resolution No. 24-33
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• Principles and practices of records management.
• Methods of research, program analyses, and report preparation. • Business writing techniques and principles.
• City planning and permitting procedures.
• City and mandated safety rules, regulations, and protocols • Techniques for providing a high level of customer service, by effectively dealing with the public, vendors, contractors, and City staff.
• The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
• Modern equipment and communication tools used for business functions and program, project, and task coordination, including computers and software programs relevant to work performed.
Ability to:
• Organize, analyze, and maintain program data using database software. • Project management and coordination principles and methods. • Prepare clear and concise reports, correspondence, documentation, and other written materials.
• Use tact, initiative, prudence, and independent judgment within general policy and procedural guidelines.
• Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments.
• Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
• Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
• Effectively use computer systems, software applications relevant to work performed, and modern business equipment to perform a variety of work tasks.
SUPPLEMENTAL INFORMATION
PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle and visit various City sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. This is primarily a sedentary office classification although standing in work areas and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects up to 20 pounds.
ENVIRONMENTAL ELEMENTS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact Resolution No. 24-33
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with upset staff and/or public and private representatives in interpreting and enforcing divisional policies and procedures.
DISASTER SERVICE WORKER
In accordance with California Government Code Section 3100, City of Malibu employees are considered disaster service workers and may be asked to respond in the event of an emergency or natural disaster.
Agenda Item # 4.C.
Council Agenda Report
To: Mayor Uhring and Honorable Members of the City Council Prepared by: Adrian Fernandez, Assistant Planning Director Tyler Eaton, Senior Planner
Reviewed by: Richard Mollica, Planning Director
Approved by: Steve McClary, City Manager
Date prepared: June 7, 2024 Meeting date: June 24, 2024 Subject: Zoning Text Amendment No. 16-005 and Local Coastal Program Amendment No. 16-007 – Amendments to Chapter 12.02 (Wireless Facilities in Public Right-of-Way) and Chapter 17.46 (Wireless Telecommunications Antennas and Facilities) of the Malibu Municipal Code, and Sections 2.2 and 3.16, Chapter 13 and Appendix 1 (Table B Permitted Uses) of the Local Coastal Program Local
Implementation Plan to modify regulations, procedures, and application requirements for the installation of wireless communications facilities
RECOMMENDED ACTION:
1) After the City Attorney reads the title, introduce on first reading Ordinance No. 518 (Attachment 1) determining the proposed code amendments are exempt from the California Environmental Quality Act (CEQA), approving amendments to Malibu Municipal Code Chapter 12.02 (Wireless Facilities in Public Right-of-Way) to modify regulations, procedures, and application requirements for the installation of wireless communications facilities and repealing Ordinance Nos. 477 and 477U;
2) After the City Attorney reads the title, introduce on first reading Ordinance No. 519 (Attachment 2) determining the proposed code amendments are exempt from the CEQA, approving the California Coastal Commission suggested modifications to Local Coastal Program Amendment (LCPA) No. 16-007, an amendment to the Local Coastal Program (LCP) to modify regulations, procedures, and application requirements for the installation of wireless communications facilities and City Council Meeting
06-24-24
Item
4.C.
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Agenda Item # 4.C.
coronally amendments to Malibu Municipal Code (MMC) Chapter 17.46 (Wireless Telecommunications Antennas and Facilities) and repealing Ordinance No. 484. 3) Direct staff to schedule second reading and adoption of Ordinance Nos. 518 and 519 for the July 8, 2024 Regular City Council meeting;
4) Adopt Resolution No. 24-34 (Attachment 3) determining the proposed amendments are exempt from the CEQA, adopting Engineering, Design and Location Standards, Conditions of Approval and Basic Application Requirements for Wireless Communication Facilities in the Public Right-of-Way and repealing Resolution No. 20-65;
5) Adopt Resolution No. 24-35 (Attachments 4) determining the proposed amendments are exempt from the CEQA, adopting Engineering, Design and Location Standards, Conditions of Approval and Basic Application Requirements for Wireless Communication Facilities on Land Other than Public Right-of-Way and repealing Resolution No. 21-17; and
6) Direct staff to submit the LCPA to the California Coastal Commission (CCC) for certification.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
WORK PLAN: This item is part of the day-to-day operations identified in the Adopted FY 2023-24 Strategic Priority Project List.
OVERVIEW:
On February 7, 2024, the CCC held a public hearing and conditionally certified the LCPA, subject to modifications as outlined in the CCC letter, dated 8, 2024 (Attachment 9). Final CCC certification of the LCPA requires formal adoption of the suggested modifications by the Council.
The City has three options before it regarding the LCPA:
A. Adopt Ordinance No. 519 accepting the LCPA as conditionally certified by the CCC and the MMC corollary amendments. Should the Council take this action it is anticipated that the CCC Executive Director will report the Council's action to the CCC at the next regularly scheduled meeting and certification of the LCPA, ZTA and ZMA will be final.
B. Take no action or reject the modifications. If the Council takes no action, the certification with suggested modifications will expire six months from the date of the CCC’s action and the LCP and MMC will not be amended. Rejection of the modifications will similarly result in the LCP not being amended. 2
Agenda Item # 4.C.
C. Take action to modify the LCPA. If the Council chooses to modify what the CCC has conditionally certified, the Council’s action would be treated as a resubmittal and the LCP amendment process would resume as a new application to the CCC.
Staff’s recommendation is to take action (A), accepting the CCC’s modifications. Should the Council take this action, Staff also recommends taking the additional actions described in the “RECOMMENDED ACTION” section above which will harmonize the relationship between the LCP, the City’s ROW Wireless Ordinance (MMC Chapter
12.XX) and the City’s Non-ROW Ordinance as well as its wireless design standards.
Outside the LCP, the regulations, procedures, and application requirements for the installation of wireless communications facilities are included in two titles of the MMC; 1) Streets, Sidewalks and Public Places (Title 12) for facilities in the public ROW; and 2) Zoning (Title 17) for facilities outside the public ROW. Similarly, two separate resolutions were adopted for the engineering, design and location standards, conditions of approval and basic application requirements for facilities, respectively, in the public ROW and outside the public ROW.
The regulations for wireless facilities in the public ROW were adopted first on April 26, 2021 through a resolution and simultaneously approved via urgency and non-urgency ordinances, while the ordinance and resolution for wireless facilities outside the public ROW were adopted several months later. Now that the CCC has completed its review, Staff proposes to accept the CCC’s proposed modifications so that these provisions of the LCP become enforceable, while simultaneously proposing changes to the MMC to improve consistency between the City’s ROW and non-ROW wireless regulations as requested by City residents. The attached updated Ordinances and Resolutions reflect this update.
Mr. Scott McCollough, an attorney representing a group of Malibu citizens whom City staff has worked with as it developed the City’s wireless ordinances, has provided feedback on the regulations for wireless facilities outside the public ROW. He refers to the below proposed change as the “fix”. The “fix” would edit the resolution for wireless facilities not in the public ROW, Section 5 (Location Standards for All Facilities), as redlined below:
7. The City expressly designates residential zones as disallowed locations. An application other than an eligible facility request seeking to place a wireless facility in a residential zone must demonstrate need through clear and convincing evidence and that there is no technically feasible alternative.
This is a change to the resolution defining non-ROW design standards only and does not result in any further revisions to the LCP or zoning code. This revision has been added to Resolution No. 24-xx. The ordinances show track changes to illustrate to the reader 3
Agenda Item # 4.C.
what changes are proposed compared to the original ordinances. The 2024 resolutions would replace the existing resolutions, Nos. 20-65 (ROW) and 21-17 (Non-ROW).
BACKGROUND:
In 2016, the Council directed staff to update the Wireless Telecommunication Facility Ordinance which was codified in MMC Chapter 17.46 and Local Coastal Program (LCP) Local Implementation Plan (LIP) Section 3.16. The Ordinance updates attempt to address issues that residents, City staff, and others have identified related to the process of proposing and siting new facilities and upgrading existing facilities in the City. The code updates are also necessary to address changes in federal and state law that have occurred since the adoption of the original ordinance in 2003.
On December 9, 2020, the Council adopted non-urgency and urgency ordinances (Nos. 477 and 477U) regulating placement of wireless facilities in the public right-of-way and a resolution (No. 20-65) establishing design and development standards and standard permit conditions for wireless facilities in the public right-of-way. The ordinance was codified into MMC Title 12 (Street, Sidewalks and Public Places). The City followed this action by initiating amendments to MMC Chapter 17.46, LIP Section 3.16 and LIP Chapter 13, to update the regulations and permitting process for WCFs on land other than public right-of-way.
On December 16, 2020, the City hosted a Wireless Update Workshop to discuss and receive comments regarding the City’s existing wireless regulations (codified in MMC Chapter 17.46), relevant regulatory documents, and federal and State law. After the public workshop, a draft of the ordinance was developed. Prior to publication of the draft ordinance, the City staff met with Mr. McCullough as well as the Center for Municipal Solutions (CMS) (the City’s wireless consultant), and the City Attorney’s office.
On March 1, 2021, the Planning Commission held a public hearing on the draft ordinance and resolution during which written and oral comments from the public and carriers such as Verizon were received and considered.
The proposed changes are a comprehensive approach to addressing the wireless facilities in the City. The City Council adopted an advocacy plan to commit resources toward the goal of decreasing federal and State interference with local control over matters of direct impact on the health, safety, and welfare of the residents of Malibu.
ANALYSIS:
1. Ordinance and Resolution Features
Requiring a Wireless Permit (WP), Wireless Right-of-Way (WRP) Permit and stricter design standards. The ordinance would amend MMC Chapters 12.02 (Wireless Facilities in the Rights-of-Way) and 17.46 (Wireless Telecommunications 4
Agenda Item # 4.C.
Antennas and Facilities) and establish the requirement to obtain a WP or WRP for all wireless communications facility installations. It also provides, among other regulations, permit and review procedures as well as operation and maintenance standards. WPs and WRPs are split into two categories (i.e., Type 1 and Type 2). A Type 1 WP is required for facilities that are subject to a more compressed review timeline and less discretion (eligible facility requests, small cell facilities, and collocations to existing facilities) while Type 2 is required for all other facilities. These proposals would provide a robust review and are designed to meet the shot clock requirements.
Ability to amend more efficiently. To maintain flexibility in this constantly evolving area and ensure that the City is obtaining the most useful information available, the ordinances authorize the City to publish application requirements on a separate form that can be amended administratively, as needed. The information collected can include demonstrating compliance with FCC standards and fire safety standards.
Local Coastal Program Amendment
The proposed amendments introduce the language from the City’s wireless ordinances (for both ROW and non-ROW ordinances) into the LCP, and also introduces changes to LIP Chapter 13 in light of new federal and State law and to ensure compliance with the shot clock requirements. These include a coastal development permit exemption for eligible facilities requests, a de minimis waiver for small cell facilities and an administrative coastal development permit for all other wireless communications facilities. Other amendments include coastal development permit exemptions for the replacement of utility poles when required for public safety and for temporary wireless facilities required for facilities that are damaged or destroyed as a result of a natural disaster. The exemption for the replacement of utility poles would permit the replacement of existing poles that are deteriorated and/or overburdened and need to be replaced to meet current CPUC safety standards.
Summary of Proposed Changes:
LCPA (LIP Chapter 3.16)
- Definitions added in LIP Section 2.2 referencing updated language applicable to wireless facilities;
- LIP Section 3.16.2 permit requirements language changed from WPs and WRPs to coastal development permit (CDP) for LIP consistency; - Modified general standards language in LIP Section 3.16.4 per CCC comments; - Added design standards from Resolution Nos. 20-65 and 21-17 into LIP Section
3.16;
- Waiver language modified per CCC comments;
- Removed public notice requirements. Will remain in effect through MMC ordinance. CCC wants City to rely on existing LIP/CDP noticing requirements. - Removed findings. Will remain in effect through MMC ordinance. CCC wants City to rely on existing LIP findings as applicable.
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- Removed proposed CDP exemption language related to eligible facilities requests and minor utility pole modifications per CCC comments.
- Added minor modifications and relocations of utility poles when needed for new wireless facilities and temporary wireless facilities on wheels to the De Minimis Waiver section, LIP Section 13.4.11; and
- Removed exemption for a temporary wireless facility on wheels in the Temporary Event section of the LIP, Section 13.4.9.
Non-ROW MMC Ordinance (Chapter 17.46)
- Added definitions consistent with LCPA;
- Amended general standards for wireless facilities consistent with LCPA; and - Amended Waiver language consistent with LCPA.
Non-Row Resolution
- Added the “fix” as described above to Section 5.
ROW MMC Ordinance (Chapter 12.02)
- Added definitions consistent with LCPA and Non-ROW ordinance; - Created type 1 and type 2 permits consistent with Non-ROW ordinance; - Created Type 1 approval authority via Planning Director and type 2 approval authority via Planning Commission;
- Created type 1 and type 2 appeal process consistent with Non-ROW ordinance; - General standard language made consistent with LCPA and Non-ROW ordinance; - Waiver language made consistent with LCPA and Non-ROW ordinance; - Removed two findings to be consistent with Non-ROW ordinance; and - Modified eligible facilities findings for approval to make them consistent with NonROW ordinance.
ROW Resolution
- Modified Section 8(B)(2)(a) for designs on wood utility poles to read, “Sidemounted wireless facilities shall be of the smallest size technically feasible and shall not project from the pole more than 36 inches. A greater projection from the pole may be allowed if required by another agency for safety purposes.” Previous language was 30 inches, but 36 inches is minimum distance required by Socal Edison for their utility poles. Socal Edison owns the majority of poles within the City’s public ROW.
- Added Section 11, application requirements consistent with the Non-ROW resolution.
ENVIRONMENTAL REVIEW: Pursuant to Public Resources Code Section 21080.9, CEQA does not apply to activities and approvals by the City as necessary for the preparation and adoption of an LCP amendment. This application is for an amendment to the LCP, which must be certified by the California Coastal Commission (CCC) before it takes effect. LIP Section 1 .3.1 states that the provisions of the LCP take precedence over any conflict between the LCP and the City’s Zoning Ordinance. 6
Agenda Item # 4.C.
The Ordinances and Resolutions are also not a project within the meaning of CEQA Guidelines Section 15378, because they have no potential for resulting in physical change in the environment, directly or indirectly. The Ordinance and Resolution do not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Moreover, when and if an application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the Ordinance and Resolution were a “project” within the meaning of State CEQA Guidelines section 15378, the Ordinance and Resolution are exempt from CEQA on multiple grounds. First, the Ordinance and Resolution are exempt from CEQA because the City Council’s adoption of the Ordinances and Resolution are covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). That is, approval of the Ordinance and Resolution will not result in the actual installation of any facilities in the City. In order to install a facility in accordance with the Ordinance and Resolution, the wireless provider would have to submit an application for installation of the wireless facility. At that time, the City will have specific and definite information regarding the facility to review in accordance with CEQA. In fact, the City will conduct preliminary review under CEQA at that time. Moreover, in the event that the Ordinance and Resolution are interpreted so as to permit installation of wireless facilities on a particular site, the installation would be exempt from CEQA review in accordance with either State CEQA Guidelines section 15302 (replacement or reconstruction), State CEQA Guidelines section 15303 (new construction or conversion of small structures), and/or State CEQA Guidelines section 15304 (minor alterations to land).
PUBLIC NOTICE: On May 30, 2024, a Notice of Public Hearing and Notice of Availability of LCP Documents was published in a newspaper of general circulation within the City of Malibu and mailed to all interested parties (Attachment 11).
ATTACHMENTS:
1. Ordinance No. 518
2. Ordinance No. 519
3. Resolution No. 24-34
4. Resolution No. 24-35
5. Ordinance Nos. 477 and 477U adopted by the City Council on December 9, 2020
6. Ordinance No. 484 adopted by the City Council on April 26, 2021
7. Resolution No. 20-65 adopted by the City Council on December 9, 2020
8. Resolution No. 21-17 adopted by the City Council on April 12, 2021
9. CCC letter and suggested modifications dated February 8, 2024
10. List of Recommendations from Mr. Scott McCollough
11. Notice of Public Hearing
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Agenda Item # 4.C.
The CCC Staff Report for the February 7, 2024 meeting can be found at:
https://www.coastal.ca.gov/meetings/agenda/#/2024/2
8 ATTACHMENT 1
ORDINANCE NO. 518
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MALIBU
DETERMINING THE PROPOSED CODE AMENDMENTS ARE EXCEPT
FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT, APPROVING
AMENDMENTS TO MALIBU MUNICIPAL CODE CHAPTER 12.02
(WIRELESS FACILITIES IN PUBLIC RIGHT-OF-WAY) TO MODIFY
REGULATIONS, PROCEDURES, AND APPLICATION REQUIREMENTS
FOR THE INSTALLATION OF WIRELESS COMMUNICATIONS
FACILITIES AND REPEALING ORDINANCE NOS. 477 AND 477U
The City Council of the City of Malibu does ordain as follows:
SECTION 1. Findings
A. The City's public rights-of-way are a valuable resource, and the regulation of wireless installations in the public rights-of-way is necessary to protect and preserve aesthetics in the community;
B. Wireless carriers have submitted applications to install wireless facilities to be located within the public rights-of-way, but more recently carriers have begun to submit much larger numbers of such applications;
C. The City of Malibu is designated as a Very High Fire Hazard Severity Zone. The City was devastated by major fires in 2007 and 2018 due to power pole failures. In each instance the utility structures supported wireless facilities that either initiated or significantly contributed to the ignition.
The 2018 Woolsey Fire, which affected Malibu and other parts of Los Angeles County, consumed over 96,000 acres, destroyed at least 1,643 structures, killed three people, and prompted the evacuation of more than 295,000 people. It was one of several fires in California that ignited on the same day. Malibu hasstill not recovered. The 2007 fire burned 3,836 acres, 36 vehicles and 14 structures, including Castle Kashan and the Malibu Presbyterian Church, and damaged 19 other structures. It is essential that wireless facilities be engineered to prevent fire and withstand fire events as much as possible, and at least in a manner comparable to other commercial facilities with extensive, complicated electronics and wiring and flammable, sometimes hazardous and toxic, materials on site; D. Cities retain the authority to over decisions regarding the placement, construction, and modification of personal wireless service facilities, subject to those matters where that authority has been limited or removed by state or federal law;
E. The unrestricted installation of personal wireless service facilities is contrary to the City's efforts to stabilize economic and social aspects of neighborhood environments, to satisfy health, safety and aesthetic objectives, to maintain property values by not degrading the visual and economic value of adjoining properties, especially in residential areas, and to promote family environments and a rural residential community character within the City to the maximum extent allowed by law. The City intends to exercise its powers to protect its citizens, its right to exercise all available power and right over its own property and regulate the use and occupation of that property, and to regulate public right-of-way use to the maximum extent allowed by law, while nonetheless respecting and adhering to the law as it may be and may change as the result of judicial review, potential state or federal statutory changes or valid rule amendments by the FCC.
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F. To protect the public safety and welfare, and consistent with the City’s General Plan Section 5.0, it is necessary and appropriate to provide for certain standards and regulations relating to the location, placement, engineering, design, construction and maintenance of wireless facilities within the City's public rights-of-way, and providing for the enforcement of these standards and regulations, consistent with federal and state law limitations on that authority; G. Applications for wireless facilities to be located within the City's public right-of- way were previously processed under the provisions of Chapter 17 (Zoning) of the City's Municipal Code but those provisions were adopted at a time most wireless facilities were being installed on macro sites on land, not in public rights-of-way. Since the City Council last amended the portions of its Municipal Code related to wireless communication facility installations, prior to its most recent amendment which this amendment provides minor adjustments to, significant changes in federal laws that affect local authority over wireless communication facilities deployments in public rights-of-way have occurred, including, but not limited to, the following recent developments:
• On August 2, 2018, the Federal Communications Commission ("FCC") adopted a Third Report & Order and Declaratory Ruling in the rulemaking proceeding titled Accelerating Wireline and Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, 33 FCC Red. 7705 (rel. Aug. 3, 2018) (the "August Order"), that, among other things, contained a declaratory ruling prohibiting express and de facto moratoria for all personal wireless services, telecommunicationsservices and their related facilities under 47 U.S.C. § 253(a) and directed the Wireless Telecommunications Bureau and Wireline Competition Bureau to hear and resolve all complaints on an expedited basis. The declaratory ruling in the August Order was made effective upon release of the August Order which occurred on August 3, 2018; and
• On September 26, 2018, the FCC adopted a Declaratory Ruling and Third Report and Order in the same rulemaking proceeding, 33 FCC Red. 9088 (rel. Sep. 27, 2018) (the "September Order"), which, among many other things, created new shorter "shot clocks" for small wireless facilities (as defined in the September Order), shortened existing "shot clock" regulations to require local public agencies to do more in less time, established a national standard for an effective prohibition related to small wireless facilities and provided that a failure to act within the applicable timeframe presumptively constitutes an effective prohibition. The September Order went into effect in part on January 14, 2019, and in part on April 15, 2019;
• On August 12, 2020, a three-judge panel of the Ninth Circuit Court of Appeals upheld the August Order and significant portions of the September Order, including the shorter shot clocks and remedies for failing to meet a shot clock;
• On October 22, 2020, the Ninth Circuit Court of Appeals denied a petition for en banc review of the above-referenced panel's decision;
• On June 9 and October 27, 2020, the FCC adopted Declaratory Orders and Reports and Orders providing clarifications and/or rule changes relating to the short shot clock, deemed granted remedy and qualifying criteria for "eligible facilities requests" which are 10 Ordinance No. 518
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applications for modifications to existing wireless facilities which must be approved by local authorities according to federal law;
H. In light of the FCC Orders and related court decisions, the City deems it to be necessary and appropriate to enact additional standards and regulations, consistent with federal and state law limitations on that authority; and
I. If not adequately regulated, the installation of wireless facilities within the public rights-of-way can pose a threat to the public health, safety, and welfare, including disturbance to the public rights-of-way through the installation and maintenance of wireless facilities; traffic and pedestrian safety hazards due to the unsafe location of wireless facilities; impacts to trees where proximity conflicts may require unnecessary trimming of branches or require removal of roots due to related undergrounding of equipment or connection lines; public right-of-way use conflicts and incompatibilitiesincluding excessive height or poles and towers; creation of visual and aesthetic blights and potential safety concerns arising from excessive size, heights, noise, or lack of camouflaging of wireless facilities, including the associated pedestals, meters, equipment and power generators; reduce property values and/or frustrate Malibu's longstanding efforts to have a rustic, residential and welcoming look and feel and a comfortable, safe community, all of which may negatively impact the City and its citizens.
SECTION 2. Amendments
A. Title 12 of the Malibu Municipal Code is hereby amended as follows:
CHAPTER 12.02
WIRELESS FACILITIES IN PUBLIC RIGHTS-OF-WAY
Section 12.02.010. Purpose.
The purpose of this Chapter is to establish a process for managing, and uniform standards for acting upon, requests for the placement of wireless facilities within the public rights-of-way of the City consistent with the City's obligation to promote the public health, safety, and welfare, to manage the public rights-of-way, and to ensure that the public is not incommoded by the use of the public rightsof-way for the placement of wireless facilities. The City recognizes the role of personal wireless facilities to provide personal wireless service to the residents and businesses within the City. No provision of this Ordinance shall be interpreted in a manner that violates state or federal law.
Section 12.02.020. Definitions.
The abbreviations, phrases, terms and words used in this Chapter will have the following meanings assigned to them unless context indicates otherwise. Undefined phrases, terms or words in this policy will have their ordinary meanings.
The definitions in this policy shall control over conflicting definitions for the same or similar abbreviations, phrases, terms or words as may be defined in the Malibu Municipal Code Chapter
17.02 and Section 17.46.040.
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"Application" A formal request, including all required and requested documentation and information, submitted by an applicant to the City for a wireless ROW permit. "Applicant" A person filing an application for placement or modification of a wireless facility in the public right-of-way.
“Co-Location” - is (1) mounting or installing an antenna facility on a pre-existing structure; and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility on that structure. However, as used for Eligible Facilities Requests, “collocation” is limited to the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. “Equipment Cabinet” - is a physical container used to house smaller, distinct pieces of equipment or devices that are components of a wireless communication facility. "Eligible Facilities Request or EFR" shall have the meaning as set forth in 47 C.F.R. Section l.6100(b)(3), or any successor provision.Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, as defined by FCC regulations (47 C.F.R. Section 1.6100), involving:
(i) Collocation of new transmission equipment;
(ii) Removal of transmission equipment; or
(iii) Replacement of transmission equipment.
A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria pursuant to 47 C.F.R. Section 1.6100(b)(7):
(i) For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater;
(A) Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act. (ii) For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet; (iii) For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure; (iv) It entails any excavation or deployment outside of the current site, except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site 12 Ordinance No. 518
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boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site;
(v) It would defeat the concealment elements of the eligible support structure; or (vi) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in (i) through (iv). "FCC" The Federal Communications Commission or its lawful successor. "Municipal Infrastructure" City-owned or controlled property structures, objects, and equipment in the ROW, including, but not limited to, street lights, traffic control structures, banners, street furniture, bus stops, billboards, or other poles, lighting fixtures, or electroliers located within the ROW.
"Permittee" any person or entity granted a wireless ROW permit pursuant to this Chapter. "Personal Wireless Services" shall have the same meaning as set forth in 47 U.S.C. Section 332(c)(7)(C)(i).
"Personal Wireless Services Facility" means a wireless facility used for the provision of personal wireless services.
"Professional Engineer" (PE) is as defined by Business and Professions Code Section 6701, and shall be interpreted to refer to the specific appropriate engineering branch in issue as defined in Sections 6702 through 6703 and "supervision of the construction of engineering structures" as defined in Section 6703.1.
"Public Right-of-Way, or ROW" means any public street, public way or public place within the City limits, either owned by the City or dedicated to the public for the purpose of travel and which the City has the responsibility to maintain or manage. The term includes all or any part of the entire width of right-of-way, and above and below the same, whether or not such entire area is actually used for travel purposes.
"Small Cell Facility" shall have the same meaning as "small wireless facility" in 47 C.F.R. 1.6002(1), or any successor provision (which is a personal wireless services facility that meets the following conditions that, solely for convenience, have been set forth below):
(1) The facility-
(i) is mounted on a structure 50 feet or less in height, including antennas, as defined in 47 C.F.R. Section 1.1320(d), or
(ii) is mounted on a structure no more than 10 percent taller than other adjacent structures, or
(iii) does not extend an existing structure on which it areis located to a height of more than 50 feet or by more than 10 percent, whichever is greater; (2) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. Section l.1320(d)), is no more than three cubic feet in volume;
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(3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;
(4) The facility does not require antenna structure registration under 47 C.F.R. Part 17; (5) The facility is not located on Tribal lands, as defined under 36 C.F.R. Section 800.16(x); and
(6) The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. Section l.1307(b). "Support “Support Structure" Any structure capable of supporting a base station. "Underground areas" Those areas where there are no electrical facilities or facilities of a local exchange carrier in the right of way; or where the wires associated with the same are or are required to be located underground; or where the same are scheduled to be converted from overhead to underground. Electrical facilities are distribution facilities owned by an electric utility and do not include transmission facilities used or intended to be used to transmit electricity at nominal voltages in excess of 35,000 volts.
"Utility Pole" A structure in the ROW designed to support electric, telephone and similar utility lines. For the avoidance of doubt, any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities is not a utility pole. "Wireless ROW Permit or WRP" A permit issued pursuant to this Chapter authorizing the placement or modification of a wireless facility of a design specified in the permit at a particular location within the ROW; and the modification of any existing support structure to which the wireless facility is proposed to be attached.
"Wireless Facility, or Facility" The transmitters, antenna structures and other types of installations used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), support structure(s), and base station(s). "Wireless Infrastructure Provider" A person that owns, controls, operates or manages a wireless facility or portion thereof within the ROW.
"Wireless Regulations" Those regulations adopted pursuant to Section 12.02.050 and implementing the provisions of this Chapter.
"Wireless Service Provider" An entity that provides personal wireless services to end users.
Section 12.02.030. Scope.
A. In general. There shall be a type of permit entitled a "Wireless ROW Permit (WRP)," which shall be subject to all of the requirements of this Chapter. Unless exempted, every person who desires to place a wireless facility in the public rights-of-way or modify an existing wireless facility in the public rights-of-way must obtain a wireless ROW permit authorizing the placement or modification in accordance with this Chapter. Except for small cell facilities, facilities qualifying as eligible facilities requests, or any other type of wireless facility expressly allowed in the public right-of-way by state or 14 Ordinance No. 518
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federal law, no other wireless facilities shall be permitted pursuant to this Chapter. The WRP shall be obtained in one of the following ways, based on facility type:
I.Type I: The installation or modification of a facility that qualifies as a small cell facility, or eligible facilities request, or any other type of wireless facility expressly allowed in the public right-of-way by state or federal law; or
II.Type 2: (a) the installation or modification of all wireless facilities that do not qualify as Type I; and (b) any WRP application that includes a waiver request pursuant to MMC Section
12.02.050(C).
B. Exemptions. This Chapter does not apply to:
(1) The placement or modification of facilities by the City or by any other agency of the state solely for public safety purposes.
(2) Installation of a "cell on wheels," "cell on truck" or a similar structure for a temporary period in connection with an emergency or event, but no longer than required for the emergency or event, provided that installation does not involve excavation, movement, or removal of existing functional facilities.
C. Other applicable requirements. In addition to the WRP required herein, the placement and operation of a wireless facility in the public rights-of-way requires the persons who will own or control those facilities to obtain all permits required by Chapter 12.04 (Highway Permits) and other applicable law, and to comply with applicable law, including, but not limited to, applicable law governing radio frequency (RF) emissions and the Americans with Disabilities Act (ADA) and electrical and fire codes.
If an applicant meets the requirements of this Chapter and obtains a wireless ROW permit, then the applicant does not need to obtain a site plan review permit or conditional use permit pursuant to Malibu Municipal Code Sections 17.46.020 and 17.46.030.
D. Pre-existing Facilities in the ROW. Any permitted wireless facility already existing in the ROW as of the date of this Chapter's adoption shall remain subject to the standards and conditions of the City Code in effect prior to this Chapter, unless and until a renewal of such facility's then-existing permit is granted, at which time the provisions of this Chapter shall apply in full force going forward as to such facility. The review of any request for a renewal of a permit for such pre-existing facilities shall be conducted pursuant to this Chapter, rather than the portion(s) of the City Code under which it was previously reviewed.
E. Public use. Except as otherwise provided by California law, any use of the public right ofway authorized pursuant to this Chapter will be subordinate to the City's use and use by the public.
Section 12.02.040. Administration.
A. Reviewing Authority. For Type 1 applications, the Planning Director or their designee ("Director") is the reviewing authority responsible for taking action on the application. For Type 2 applications, the Planning Commission isthe reviewing authority and will hold a public hearing to take action on the application. As part of the administration of this Chapter, the Director is responsible for the following: The Planning Director or his/her designee ("Director") is responsible for administering this Chapter. As part of the administration of this Chapter, the Director is responsible for the following:
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(1) Implement standards governing the placement and modification of wireless facilities consistent with the requirements of this Chapter, including regulations governing collocation and resolution of conflicting applications for placement of wireless facilities; (2) Implement acceptable engineering design and development standards for wireless facilities in the public rights-of-way, taking into account the zoning districts adjacent to the public rights-of-way;
(3) Develop forms and procedures for submission of applications for placement or modification of wireless facilities, and proposed changes to any support structure consistent with this Chapter;
(4) Collect, as a condition of the completeness of any application, any fee established by this Chapter;
(5) Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with state and federal laws and regulations;
(6) Issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued; (7) Require, as part of, and as a condition of completeness of any application, timely notice to members of the public that may be affected by the placement or modification of the wireless facility and proposed changes to any support structure; (8) Subject to appeal as provided herein, determine whether to approve, approve subject to conditions, or deny an application; and
(9) Take such other steps as may be required to timely act upon applications for placement of wireless facilities, including issuing written decisions and entering into agreements to mutually extend the time for action on an application.
B. Appeals.
1. Type 1 Applications.
a. (1) Any person adversely affected by a decision of the Director pursuant to this Chapter may request an administrative hearing to appeal the Director's decision. In order to request a hearing, the person shall submit to the City Clerk in the manner directed in the Director's decision notice a fully completed request for administrative hearing form along with a full amount of the appeal fee set by the City Council (by way of check or money order). The request for administrative hearing shall be incomplete if it does not include the appeal fee in the full amount deposit in the full amount of the appeal fee. The deposit will be retained in a noninterest bearing account until the matter is resolved. The appeal fee shall be refunded to the appellant if their appeal is granted.
b. (2) Appeals must be filed within five (5) business days of the mailing of decision notice of the Director, unless a different time period is specified by the Director in such notice. The Director may extend the time period for filing an appeal for due cause but an extension may not be granted where such extension would result in approval of the application by operation of law.
c. (3) If a timely and complete request for hearing is not submitted, the Director's decision shall be deemed final.
d. (4) If a timely and complete request for hearing is submitted, the City Manager shall appoint an administrative hearing officer or, if designated by action of the City Council, two members of the Planning Commission and a member of the 16 Ordinance No. 518
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City Council ("Hearing Officer") to conduct the administrative hearing. The Hearing Officer shall decide the issues de novoa. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. The appellant and the applicant shall have the opportunity to present evidence in support of their case. e. (5) Any administrative hearing shall be conducted so that a timely written decision may be issued in accordance with applicable law. f. (6) The hearing officer's decision shall be in writing, shall explain the basis for the decision, and shall be served upon the applicant, and upon the appellant (if different) by first class mail, to the address stated on the request for hearing form. and the written decision of the Hearing Officer will be the final decision of the City effective on the date of mailing.
2. Type 2 Applications.
a. Any person adversely affected by a decision of the Planning Commission pursuant to this Chapter may request a public hearing to appeal the Planning Commission's decision to the City Council. In order to request a hearing, the person shall submit to the City Clerk in the manner directed in the Planning Commission's decision notice a fully completed request for a public hearing form along with the full amount of the appeal fee set by the City Council (by way of check or money order). The request for a public hearing shall be incomplete if it does not include the deposit in the full amount of the appeal fee. The deposit will be retained in a noninterest bearing account until the matter is resolved. The appeal fee shall be refunded to the appellant if their appeal is granted.
b. Appeals must be filed within ten (10) calendar days of the mailing of decision notice of the Planning Commission, unless a different time period is specified by the City in such notice. The City may extend the time period for filing an appeal for due cause, but an extension may not be granted where such extension would result in approval of the application by operation of law.
c. If a timely and complete request for hearing is not submitted, the Planning Commission's decision shall be deemed final.
d. Any public hearing shall be conducted so that a timely written decision may be issued in accordance with applicable law. The City Council's review shall be de novo; it may receive new evidence and is not bound by the previous record. e. The City Council's decision shall be in writing, shall explain the basis for the decision, and shall be served upon the applicant, and upon the appellant (if different) by first class mail, to the address stated on the request for hearing form. The written decision of the City Council will be the final decision of the City effective on the date of mailing.
Section 12.02.050. General Standards for Wireless Facilities in the Public Rights-of- Way.
A. Generally. Wireless facilities in the ROW shall meet the minimum requirements set forth in this Chapter Ordinance and the wireless regulations, in addition to the requirements of any other applicable law. Compliance with one or more of the development, engineering, design and location standards of this Section may be waived on a case-by-case basis pursuant to section 12.02.050(C) below.
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B. Regulations. The wireless regulations and decisions on applications for placement of wireless facilities in the ROW shall, at a minimum, ensure that the requirements of this section are satisfied, unless a waiver is granted by the Director or Hearing Officer pursuant to Section 12.02.050(CE).
C.
D. Minimum Standards. Wireless facilities shall be installed and modified in a manner that does not incommode the public use of the ROW, in that it minimizes risks to public safety, avoids placement of aboveground facilities in underground areas, avoids installation of new support structures or equipment cabinets in the public rights-of-way, makes facilities stealth by using concealment elements, and otherwise maintains the integrity and character of the neighborhoods and corridors in which the facilities are located; ensures that installations are subject to periodic review to minimize the intrusion on the rights of way; and ensures that the City bears no risk or liability as a result of the installations, and that such use does not inconvenience the public or cause personal or economic harm, interfere with the primary uses of the rights-of-way, or hinder the ability of the City or other government agencies to improve, modify, relocate, abandon, or vacate the public rights of way or any portion thereof, or to cause the improvement, modification, relocation, vacation, or abandonment of facilities in the rights of way.
B. Engineering Design and Location Standards. All applicants shall engineer, design and locate the wireless facilities in accordance with the standards and wireless regulations set forth separately through the resolution adopted by the City Council.
C. Waivers of Development Standards. Requests for waivers from any requirement development standards of this Chapter shall be made in writing to the Director. a. The Director or Hearing Officer may grant a request for waiver. A waiver may be requested:
(a) to avoid a denial of an application that would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations; or (b) if compliance with a development standard would be technically infeasible; or (c) if the particular engineering, design, or location proposed involves only minor non-compliance with a development standard. only if it is demonstrated through clear and convincing evidence that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations. All waivers approved pursuant to this subsection shall be (1) granted only on a case-by-case basis, and (2) narrowlytailored so that the requirements of this Chapter are waived only to the minimum extent required to avoid the prohibition or violation.
b. All waivers approved pursuant to this subsection shall only be granted on a case-by-case basis based on substantial evidence if the decision-maker affirmatively finds (as applicable):
(a) for a waiver requested under 1(a), that denial based on strict adherence to the standard would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations, and the standard is waived only to the minimum extent required to avoid the prohibition or violation; (b) for a waiver requested under 1(b), that compliance with a standard of this Section 2-4 would be technically infeasible and the proposed wireless facility complies with the requirements of this Section to the greatest extent technically feasible; (c) for a waiver requested under 1(c), that such non-compliance is minor but either results in no increase in visual harms to the community or provides other benefits, and failure to adhere to the 18 Ordinance No. 518
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standard in the specific instance will not increase the visibility of the facility and will not decrease public safety, and will not result in greater impact to coastal resources including sensitive habitat, coastal waters, and public access.
Section 12.02.060. Applications.
A. Applicants shall submit applications on the forms and in the manner approved by the Planning Director. In addition to providing all required fees, all wireless communications facility carriers or providers shall provide the information required by a separate application form published, and updated from time to time, by the City. If no such form is available, then the applicant must submit all documents, information, and any other materials necessary to allow the City to make required findings and ensure that the proposed facility will comply with applicable laws and not endanger the public health, safety, or welfare. The Director may waive certain submittal requirements if prohibited by applicable law or require additional information based on the characteristics of specific projects. Submission. Unless the wireless regulations provide otherwise, applicant shall submit a paper copy and an electronic copy of any application, amendments, or supplements to an application, or responses to requests for information regarding an application to the Planning Department.
B. Pre-application meeting. Prior to filing an application for a WRP, applicant is encouraged to schedule a voluntary pre-application meeting with the Director to discuss the proposed facility, the requirements of this Chapter, and any potential impacts of the proposed facility. Conducting a voluntary pre-application meeting shall not initiate any applicable "shot clock." C. Public Notice.
(1) Within seven (7) calendar days after an application is submitted to the City, the applicant shall: (1) post notice at the proposed project site in a location near to and visible from the ROW and (2) provide the City with evidence that such notice has been posted. The applicant shall maintain and replace the posted notice as necessary during the entire application review process until the Director acts on the application and all appeals have been exhausted. The posted notice shall be composed from durable quality and weather-resistant materials that will not deteriorate under normal circumstances for at least 180 calendar days. The posted notice shall be at minimum 17 inches wide by 11 inches tall.
The posted notice shall not be placed in any location where it would obstruct travel or visibility for vehicles, bicycles, pedestrians or other users in the ROW.
The City encourages applicants to consult with the Planning Department on placement locations to avoid any potential hazards.
(2) Within five (5) business days from the date on which an application is determined to be complete, the Director shall notify in writing of the filing of the application property owners and residents of all property within a one thousand (1,000) foot radius of the proposed project, but in no event fewer than the owners and occupants often (10) developed properties. The purpose of the notice is to inform the surrounding property owners and residents of the filing of the application and provide an opportunity for comment on the application prior to the Director's decision. The notice shall describe the request, provide a map showing the specific location of the proposed project, describe the review 19 Ordinance No. 518
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process and timeframes, indicate how to contact the applicant and case planner assigned to the application, and the City-assigned application identifier.
D. Content. An applicant shall submit an application on the form approved by the Director, which may be updated from time-to-time, but in any event shall require the submission of all required fee(s), documents, information, and any other materials necessary to allow the Director to make required findings and ensure that the proposed facility will comply with applicable federal and state law, the City Code, and will not endanger the public health, safety, or welfare. If no form has been approved, applications must contain all information listed in any applicable City council resolution and as necessary to show that applicant is entitled to the WRP requested and must specify whether the applicant believes state or federal law requires action on the application within a specified time period.
E. Fees. Application fee(s) shall be required to be submitted with any application for a wireless ROW permit and with any request for appeal of a Director's decision. At the time of this Ordinance's adoption, the application and appeal fees are set forth in the Planning Department Fees in the City's Fiscal Year 2020-2021 Citywide Fee Schedule, which may be amended from time to time.
Notwithstanding the foregoing, no application fee shall be refundable, in whole or in part, to an applicant for a WRP unless paid as a refundable deposit. Simultaneously with an appeal request, an affected resident may submit a request for waiver of appeal fees based on a showing of undue financial burden. If the request for waiver is granted, no fee shall apply. If the request for waiver is denied, the affected resident shall submit payment of the fee within three (3) days after notice of the waiver request has been denied. Failure to timely submit the fee will result in dismissal of the appeal.
F. Incompleteness. Applications will be processed, and notices of incompleteness provided, in conformity with state, local, and federal law. If an application is incomplete, the Director may notify the applicant in writing, and specifying the material omitted from the application. A failure to notify the applicant of any defect or omission does not relieve the applicant of its burden of proof on the merits and the City reserves the right to deny the application if all necessary information was not provided by the applicant.
G. Denials Without Prejudice/Extensions. To promote efficient review and timely decisions, if the applicant fails to tender a substantive response to the Director within 90 calendar days after the Director deems the application incomplete in a written notice to the applicant, the Director may, in the Director's discretion, deny the application without prejudice. However, if the applicant submits a written request to the Director prior to the 90th day that shows good cause to grant an extension, the Director may instead grant a written extension for up to an additional 30 calendar days for the applicant to tender a substantive response.
Section 12.02.070. Findings; Decisions; Consultants.
A. Findings Required for Approval.
(1) Except for eligible facilities requests, the Director or Hearing Officer, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following:
(i) The facility is not detrimental to the public health, safety and welfare, and will not pose an undue fire risk;
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(ii) The facility complies with this Chapter and all applicable design and development standards;
(iii) The facility meets applicable requirements and standards of state and federal law; (iv) The application is complete and provides all information required by this Chapter; and
(v) The applicant has satisfied the burden of proving full compliance with all procedural and substantive requirements in this Chapter. (2) For eligible facilities requests, the Director or Hearing Officer, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following:
(i) That the application qualifies as an eligible facilities request in that:
a. The proposed colocation or modification meets each and every one of the applicable criteria for an eligible facilities request stated in 47 C.F.R. l.6100(b)(3)-(9), or any successor provisions, after application of the definitions in 47 C.F.R. l.6100(b). The director shall make an express finding for each criterion that applies and for any criterion found not to apply the director shall make independent findings justifying the determination that a criterion does not apply;
b. The existing proposed facility complies with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in 47 C.F.R. l.6100(b)(7)(i) through (iv), or any successor provisions; and
c. That the proposed facility will comply with all generally-applicable laws, including generally applicable building, structural, electrical and safety codes, noise control ordinances, and other laws codifying objective standards reasonably related to health and safety.
B. Decisions. Decisions on an application by the Director or Hearing Officer shall be in writing and include the reasons for the decision.
C. Independent Consultants. The Director or Hearing Officer, as the case may be, is authorized, in its discretion, to select and retain independent consultant(s) with expertise and appropriate credentials in telecommunications and/or electrical and fire safety in connection with the review of any application under this Chapter. Such independent consultant review may be retained on any issue that involves specialized or expert knowledge in connection with an application, including, but not limited to, application completeness or accuracy, engineering analysis, or compliance with FCC radio frequency emissions limits.
Section 12.02.080. Standard Conditions of Approval.
A. Each wireless right-of-way permit approved pursuant to this Chapter shall be subject to the conditions of approval in the Resolution that adopted the Engineering, Design and Location Standards, and Conditions of Approval for Wireless Communications Facility in the Public Right-of-Way. If no conditions are imposed in the WRP or if the application is deemed approved by operation of law, then 21 Ordinance No. 518
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the standard permit conditions of approval in such Resolution shall apply to that permit. Generally. In addition to any supplemental conditions imposed by the Director or Hearing Officer, as the case may be, all permits under this Chapter shall be subject to the conditions in the design standards and standard conditions of approval resolution adopted by the City Council, unless modified by the Director or Hearing Officer.
Section 12.02.090. Breach; Termination of Permit.
A. For breach. A WRP may be revoked for failure to comply with the conditions of the permit or applicable law or if the permittee becomes ineligible for franchise rights under state law or if the permittee's FCC authorization to operate wireless facilities and/or provide wireless service is terminated for any reason. Upon revocation, the wireless facility must be removed; provided that removal of a support structure owned by City, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the City. All costs incurred by the City in connection with the revocation and removal shall be paid by entities who own or control any part of the wireless facility.
B. For installation without a permit. A wireless facility or its modification installed after the effective date of this Ordinance without a WRP (except for those exempted from, or not subject to, this Chapter) must be removed; provided that removal of a support structure owned by City, a utility, or another entity authorized to maintain a support structure in the right of way need not be removed, but must be restored to its prior condition, except as specifically permitted by the City. All costs incurred by the City in connection with enforcement of this provision and removal shall be paid by entities who own or control any part of the wireless facility.
C. Violations. In addition to any criminal, civil or other legal remedy established by law that may be pursued to address violations of the Municipal Code, violations of any provision of this chapter or the regulations adopted by this Chapter are subject to the administrative penalty provisions of Chapter 1.10.
Section 12.02.100. Nondiscrimination. In establishing the rights, obligations and conditions set forth in this Chapter, it is the intent of the City to treat each applicant or public rightof-way user in a competitively neutral and nondiscriminatory manner, to the extent required by law, and with considerations that may be unique to the technologies, situation and legal status of each particular applicant or request for use of the ROW.
B. Subsection A of Section 1.10.040 of Chapter 1.10 (Administrative Citations and Penalties) of Title 1 (General Provisions) of the Malibu Municipal Code is hereby amended to read as follows:
A. In addition to any criminal, civil or other legal remedy established by this code or other law that may be pursued to address violations of the municipal code or the City's Local Coastal Program Local Implementation Plan, violation of the City's Local Coastal Program Local Implementation Plan (or any condition of any permit or license approved pursuant to any provision of the City's Local Coastal Program Local Implementation Plan) to the extent allowed by law, and the violations described in the municipal code titles, 22 Ordinance No. 518
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chapters and sections listed below are subject to the administrative penalty procedures and other provisions of this chapter:
1. Chapter 5.04: Business Licenses Generally;
2. Chapter 5.20: Motion Pictures, Television and Photographic Productions;
3. Chapter 5.46: Prohibition of Price Gouging;
4. Chapter 8.04: Health Code Adopted;
5. Chapter 8.12: Fire Code Adopted;
6. Chapter 8.24: Noise;
7. Chapter 8.32: Solid Waste and Recyclable Materials;
8. Chapter 9.08: Offenses Against Property;
9. Chapter 9.20: Water Conservation;
10. Chapter 9.24: Ban on Expanded Polystyrene Food Packaging;
11. Chapter 9.28: Ban on Plastic Shopping Bags;
12. Chapter 9.33: Share On-Demand Personal Mobility Devices;
13. Chapter 9.38: Valet Attendant Safety Requirements;
14. Chapter 9.40: Ban of On-Site Self-Regenerating Water Softeners and Regulating Previously Installed Self-Regenerating Water Softeners
15. Chapter 10.18: Oversize Vehicles;
16. Chapter 12.02: Wireless Facilities in Public Right of Way
17. Chapter 13.04: Storm Water Management and Discharge Control
18. Chapter 13.60: Recycled Water Requirements;
19. Chapter 15.04: Building Code Adopted;
20. Chapter 15.08: Electrical Code Adopted;
21. Chapter 15.12: Plumbing Code Adopted;
22. Chapter 15.16: Mechanical Code Adopted;
23. Title 17: Zoning.
SECTION 3. Environmental Review.
This Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (CEQA) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The Ordinance does not authorize any specific development or installation on any specific piece of property within the City's boundaries. Moreover, when and if an application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the Ordinance is a "project" within the meaning of State CEQA Guidelines section 15378, the Ordinance is exempt from CEQA on multiple grounds. First, the Ordinance is exempt CEQA because the City Council's adoption of the Ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). That is, approval of the Ordinance will not result in the actual installation of any facilities in the City. In order to install a facility in accordance with this Ordinance, the wireless provider would have to submit an application for installation of the wireless facility. At that time, the City will have specific and definite information regarding the facility to review in accordance with CEQA. And, in fact, the City will conduct preliminary review under CEQA at that time. Moreover, in the event that the Ordinance is interpreted so as to permit installation of wireless facilities on a particular site, the installation would be exempt from CEQA review in accordance with either State CEQA Guidelines section 15302 (replacement or reconstruction), State CEQA Guidelines section 15303 (new construction or 23 Ordinance No. 518
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conversion of small structures), and/or State CEQA Guidelines section 15304 (minor alterations to land). The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Los Angeles within five working days of the passage and adoption of the Ordinance.
SECTION 4. Pending Applications All applications for wireless facilities in the public rights-of way or for modifications to existing wireless facilities in the public rights-of-way which were not subject to final action by City prior to the effective date of this Ordinance shall be subject to and comply with all provisions of this Chapter, and any design and placement standards adopted by the City Council by resolution, to the fullest extent permitted by applicable law.
SECTION 5. Severability If any section, subsection, provision, sentence, clause, phrase or word of this Ordinance is for any reason held to be illegal or otherwise invalid by any court of competent jurisdiction, such invalidity shall be severable, and shall not affect or impair any remaining section, subsection, provision, sentence, clause, phrase or word included within this Ordinance, it being the intent of the City that the remainder of the Ordinance shall be and shall remain in full force and effect, valid, and enforceable.
SECTION 6. The City Clerk shall certify the adoption of this Ordinance.
PASSED, APPROVED AND ADOPTED this 24th day of June 2024. ____________________________
STEVE UHRING, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
Date: _________________________
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
24 ATTACHMENT 2
ORDINANCE NO. 519
AN ORDINANCE OF THE CITY OF MALIBU DETERMINING THE
PROPOSED CODE AMENDMENTS ARE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, APPROVING THE CALIFORNIA
COASTAL COMMISSION SUGGESTED MODIFICATIONS TO LOCAL
COASTAL PROGRAM AMENDMENT (LCPA) NO. 16-007 SPECIFICALLY LOCAL IMPLEMENTATION PLAN SECTIONS 2.2 AND 3.16, CHAPTER 13 AND APPENDIX 1 (TABLE B PERMITTED USES) (LOCAL COASTAL
PROGRAM AMENDMENT NO. 16-007) AND CORONALLY AMENDMENTS
TO MALIBU MUNICIPAL CODE (MMC) CHAPTER 17.46 (WIRELESS
TELECOMMUNICATIONS ANTENNAS AND FACILITIES) SPECIFICIALLY SECTIONS 17.62.040(A)(6), 17.08.040(0), 17.18.030(E), 17.22.040(M),
17.30.030(O), 17.32.030(A), 17.36.030(B), 17.38.030(B), 17.38.030(C),
17.18.020(E), 17.22.020(O), 17.24.020(A), 17.26.020(A), 17.28.020(A),
17.30.020(A), 17.34.020(B), AND 17.36.020(C)(ZONING TEXT AMENDMENT NO. 16-005), AN AMENDMENT TO THE LOCAL COASTAL PROGRAM TO
MODIFY REGULATIONS, PROCEDURES, AND APPLICATION
REQUIREMENTS FOR THE INSTALLATION OF WIRELESS
COMMUNICATIONS FACILITIES, AND REPEALING ORDINANCE NO. 484 The City Council of the City of Malibu does ordain as follows:
SECTION 1. Recitals.
A. On November 28, 2016, the City Council adopted Resolution No. 16-48 initiating Zoning Text Amendment (ZTA) No. 16-005 and Local Coastal Program Amendment (LCPA) No 16-007 directing staff to update the Wireless Telecommunication Facility Ordinance.
B. The City of Malibu is designated as a Very High Fire Hazard Severity Zone. The City was devastated by major fires in 2007 and 2018 due to power pole failures. In the case of the 2007 fire, wireless communications facilities contributed to the overburdened power pole. The 2018 Woolsey Fire, which affected Malibu and other parts of Los Angeles County, consumed over 96,000 acres, destroyed at least 1,643 structures, killed three people, and prompted the evacuation of more than 295,000 people. It was one of several fires in California that ignited on the same day.
Malibu has still not recovered. The 2007 fire burned 3,836 acres, 36 vehicles and 14 structures, including Castle Kashan and the Malibu Presbyterian Church, and damaged 19 other structures. It is essential that wireless communications facilities be engineered to prevent fire and withstand fire events as much as possible, and at least in a manner comparable to other commercial facilities with extensive, complicated electronics and wiring and flammable, sometimes hazardous and toxic, materials on site.
C. Cities retain the authority over decisions regarding the placement, construction, and modification of personal wireless service facilities, subject to those matters where that authority has been limited or removed by state or federal law.
D. The unrestricted installation of personal wireless service facilities is contrary to the City's efforts to stabilize economic and social aspects of neighborhood environments, to satisfy 25 Ordinance No. 519
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health, safety and aesthetic objectives, to maintain property values by not degrading the visual and economic value of adjoining properties, especially in residential areas, and to promote family environments and a rural residential community character within the City to the maximum extent allowed by law. The City should exercise its powers to protect its citizens and its right to exercise all available power and right over its own property and regulate the use and occupation of that property, while nonetheless respecting and adhering to the law as it may be and may change as the result of judicial review, potential state or federal statutory changes or valid rule amendments by the Federal Communications Commission (FCC).
E. To protect the public safety and welfare, it is necessary and appropriate to provide for certain procedures, standards and regulations relating to the location, placement, engineering, design, construction and maintenance of wireless communications facilities within the City, and providing for the enforcement of these standards and regulations, consistent with federal and state law limitations on that authority.
F. Since the City Council last amended the portions of its zoning code related to wireless communications facilities, significant changes in federal laws that affect local authority over wireless communication facilities deployments have occurred, including, but not limited to, the following recent developments:
• On August 2, 2018, the FCC adopted a Third Report & Order and Declaratory Ruling in the rulemaking proceeding titled Accelerating Wireline and Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, 33 FCC Red. 7705 (rel. Aug. 3, 2018) (the "August Order"), that, among other things, contained a declaratory ruling prohibiting express and de facto moratoria for all personal wireless services, telecommunications services and their related facilities under 47 U.S.C. § 253(a) and directed the Wireless Telecommunications Bureau and Wireline Competition Bureau to hear and resolve all complaints on an expedited basis. The declaratory ruling in the August Order was made effective upon release of the August Order which occurred on August 3, 20 I 8; • On September 26, 2018, the FCC adopted a Declaratory Ruling and Third Report and Order in the same rulemaking proceeding, 33 FCC Red. 9088 (rel. Sep. 27, 2018) (the "September Order"), which, among many other things, created new shorter "shot clocks" for small wireless facilities (as defined in the September Order), shortened existing "shot clock" regulations to require local public agencies to do more in less time, established a national standard for an effective prohibition related to small wireless facilities and provided that a failure to act within the applicable timeframe presumptively constitutes an effective prohibition. The September Order went into effect in part on January 14, 2019, and in part on April 15, 2019;
• On August 12, 2020, a three-judge panel of the Ninth Circuit Court of Appeals upheld the August Order and significant portions of the September Order, including the shorter shot clocks and remedies for failing to meet a shot clock; 26 Ordinance No. 519
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• On October 22, 2020, the Ninth Circuit Comi of Appeals denied a petition for en banc review of the above-referenced panel's decision;
• On June 9 and October 27, 2020, the FCC adopted Declaratory Orders and Reports and Orders providing clarifications and/or rule changes relating to the short shot clock, deemed granted remedy and qualifying criteria for "eligible facilities requests" which are applications for modifications to existing wireless communications facilities which must be approved by local authorities according to federal law;
• In April, 2018 and January, 2021 the FCC adopted Declaratory Rulings preempting municipal ordinances in Philadelphia and Chicago that regulated satellite dishes by prohibiting placement of satellite dishes in locations visible to adjacent streets, imposing installer certification and imposing removalrequirements, underthe overthe-air reception devices ("OTARD") rule; and • On January 7, 2021 the FCC adopted a Repo1i and Order amending the OTARD rule to now allow fixed wireless providers to install hub or relay antennas on one property that can provide service to nearby properties so long as the antenna serves a customer on whose premises it is located.
G. In light of the FCC Orders and related court decisions, the City deems it to be necessary and appropriate to enact additional standards and regulations, consistent with federal and state law limitations on that authority.
H. Considering that the FCC Orders are already in effect or will go into effect in early 2021, if the City does not amend the Malibu Municipal Code (MMC), there is a risk that the City may not be able to enforce provisions of its MMC or comply with the new federal regulations.
I. If not adequately regulated, the installation of wireless communications facilities within the City can pose a threat to the public health, safety, and welfare; traffic and pedestrian safety hazards due to the unsafe location and placement of wireless communications facilities; impacts to trees where proximity conflictsmay require unnecessary trimming of branches or require removal of roots due to related undergrounding of equipment or connection lines; creation of visual and aesthetic blights and potential safety concerns arising from improper design or excessive size, heights, noise, or lack of camouflaging of wireless communications facilities, including the associated pedestals, meters, equipment and power generators; reduce property values and/or frustrate Malibu's longstanding effo1isto have a rustic,residential and welcoming look and feel and a comfortable, safe community, all of which may negatively impact the City and its citizens.
J. On December 9, 2020, the City Council held a duly noticed public hearing on an urgency ordinance, a regular ordinance, and a design standards and standard permit conditions resolution for wireless communications facilities in the public right-of-way. The City Council reviewed and considered the staff report, written reports, public testimony, and other information in the record and: (1) adopted the urgency ordinance and resolution; and (2) approved the regular ordinance and directed staff to schedule second reading and adoption for January 11, 2021. 27 Ordinance No. 519
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K. On December 16, 2020, the City Council held a duly noticed community wireless workshop on wireless communications facility design, federal and state limitations on local authority, and permitting of wireless communications facilities in the City.
L. On January 19, 2021, a Notice of Public Hearing and Notice of Availability of Local Coastal Permit (LCP) Documents was published in a newspaper of general circulation within the City of Malibu and mailed to all interested parties.
M. On March 1, 2021, the Planning Commission held a duly noticed public hearing on LCPA No. 16-007 and ZTA No. 16-005 regarding the regulation and permitting of wireless communications facilities on private land in the City, reviewed the materials in the record, the agenda report, public testimony and other information in the record and recommended approval of the amendments with some modifications.
N. On April 1, 2021, a Notice of Public Hearing and Notice of Availability of Local Coastal Permit (LCP) Documents was published in a newspaper of general circulation within the City of Malibu and mailed to all interested parties.
O. On April 12, 2021, the City Council held a duly noticed public hearing on LCPA No. 16- 007 and ZTA No. 16-005 regarding the regulation and permitting of wireless communications facilities on private land in the City, reviewed the materials in the record, the agenda report, public testimony and other information in the record.
P. On February 7, 2024, the California Coastal Commission (CCC) held a public hearing and conditionally certified the LCPA, subject to modifications as outlined in the CCC letter, dated 8, 2024.
Q. On April 18, 2024, a Notice of Public Hearing and Notice of Availability of Local Coastal Permit (LCP) Documents was published in a newspaper of general circulation within the City of Malibu and mailed to all interested parties.
R. On May 13, 2024, the City Council continued the subject item to the May 28, 2024 Regular City Council meeting.
S. On May 20, 2024, a Notice of Public Hearing cancellation for May 28, 2024 was posted at City Hall and distributed to interested parties.
T. On May 30, 2024, a Notice of Public Hearing and Notice of Availability of LCP Documents was published in a newspaper of general circulation within the City of Malibu and mailed to all interested parties.
U. On June 24, 2024, the City Council held a duly noticed public hearing on LCPA No. 16- 007 and ZTA No. 16-005 regarding the regulation and permitting of wireless communications facilities on private land in the City, reviewed the CCC suggested modifications to LCPA No. 16-007, other materials in the record, the agenda report, public testimony and other information in the record.
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SECTION 2. Environmental Review.
Pursuant to Public Resources Code Section 21080.9, the California Environmental Quality Act (CEQA) does not apply to activities and approvals by the City as necessary for the preparation and adoption of an LCP amendment. This application is for an amendment to the LCP, which must be ce1tified by the CCC before it takes effect. LCP Local Implementation Plan (LIP) Section 1 .3.1 states that the provisions of the LCP take precedence over any conflict between the LCP and the City's Zoning Ordinance. In order to prevent an inconsistency between the LCP and the City's Zoning Ordinance, if the LCP amendment is approved, the City must also approve the corollary amendment to the Zoning Ordinance. This amendment is necessary for the preparation and adoption of the LCPA and because they are entirely dependent on, related to, and duplicative of, the exempt activity, they are subject to the same CEQA exemption.
This Ordinance is not a project within the meaning of CEQA Guidelines Section 15378, because it has no potential for resulting in physical change in the environment, directly or indirectly. The Ordinance does not authorize any specific development or installation on any specific piece of property within the City's boundaries. Moreover, when and if an application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the Ordinance was a "project" within the meaning of State CEQA Guidelines section 15378, the Ordinance is exempt from CEQA on multiple grounds. First, the Ordinance is exempt because the City Council's adoption of the Ordinance would be covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). That is, approval of the Ordinance would not result in the actual installation of any facilities in the City. In order to install a facility in accordance with this Ordinance, the wireless provider would have to submit an application for installation of the wireless communicationsfacility. At that time, the City will have specific and definite information regarding the facility to review in accordance with CEQA. And, in fact, the City will conduct a preliminary review under CEQA at that time. Moreover, in the event that the Ordinance is interpreted so as to permit installation of wireless communications facilities on a particular site, the installation would be exempt from CEQA review in accordance with State CEQA Guidelines section 15302 (replacement or reconstruction), State CEQA Guidelines section 15303 (new construction or conversion of small structures), and/or State CEQA Guidelines section 15304 (minor alterations to land). The City Council, therefore, determines that the proposed ordinance is exempt from CEQA.
SECTION 3. Zoning Text Amendment and Findings.
A. The subject ZTA is consistent with the objectives, policies, general land uses and programs specified in the General Plan. The proposed amendment serves to enhance the Malibu General Plan Mission Statement, protect public safety and preserve Malibu's natural and cultural resources. The following General Plan policies and implementation measures would be advanced as part of this Ordinance:
• Policy 1.1.2: The City shall minimize the risk of loss from fire. • Policy 1.1.3: The City shall reduce the amount of non-essential toxic and hazardous substances.
• Implementation Measure 2: Work with other agencies to ensure effective and efficient fire suppression, prevention and rescue services. 29 Ordinance No. 519
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• Implementation Measure 11: Develop guidelines and standards for all new and remodel structures to utilize fire-resistant building materials and designs, and, if feasible, to be sited to minimize fire hazards.
• Implementation Measure 19: Regulate the transport, storage and use of toxic and hazardous materials.
B. The City Council held a public hearing, reviewed the subject ZTA for compliance with the City of Malibu General Plan, MMC and LCP, and finds that the proposed ZTA is consistent with the same and hereby amends the Malibu Municipal Code as set forth in Exhibit A.
SECTION 4. Local Coastal Program Amendment and Findings. Based on evidence in the whole record, the City Council hereby finds that the proposed LCPA meets the requirements of and is in compliance with the policies and requirements of Chapter 3 of the California Coastal Act as follows and hereby amends the LCP local implantation plan as set forth in Exhibit B:
A. The amendments to the LCP meet the requirements of, and are in conformance with the goals, objectives and purposes of the LCP. Updated standards and regulations specific to wireless communications facilities ensure compliance with federal and State law while maintaining design and safety standards in the City's jurisdiction of the Coastal Zone which advance the overarching goals of protecting coastal resources. This Ordinance advances the following LCP policies:
• Policy 4.2: All new development shall be sized, designed and sited to minimize risks to life and property from geologic, flood, and fire hazard. • Policy 4.45: New development shall minimize risks to life and property from fire hazard through:
b. Siting and designing development to avoid hazardous locations; and d. Use of appropriate building materials and design features to insure the minimum amount of required fuel modification.
B. As a part of the LIP, the updated wireless communications facility standards and process ensures that wireless communicationsfacilities within the City conform to applicable LCP policies, goals, and provisions, while taking into consideration the protection and enhancement of visual resources, public access, and recreation opportunities.
SECTION 5. Effective Date In accordance with California Government Code section 36937, this Ordinance shall become effective on the 30th day following its passage and adoption, except for the amendment to the Local Coastal Program. The LCPA is subject to certification by the California Coastal Commission and shall become effective after certification.
SECTION 6. Pending Applications All applications for wireless facilities on land other than public ROW or for modifications to existing wireless facilities in the public rights-of-way which were not subject to final action by City prior to the effective date of this Ordinance shall be subject to and comply with all provisions of this Chapter, and any design and placement standards adopted by the City Council by resolution, to the fullest extent permitted by applicable law.
SECTION 7. Severability If any section, subsection, provision, sentence, clause, phrase or word of this Ordinance is for any reason held to be illegal or otherwise invalid by any court of competent jurisdiction, such invalidity shall be severable, and shall not affect or impair any remaining 30 Ordinance No. 519
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section, subsection, provision, sentence, clause, phrase or word included within this Ordinance, it being the intent of the City that the remainder of the Ordinance shall be and shall remain in full force and effect, valid, and enforceable.
SECTION 8. The City Clerk shall certify the adoption of this Ordinance.
PASSED, APPROVED AND ADOPTED this 24th day of June 2024. _____________________________________
STEVE UHRING, Mayor
ATTEST:
____________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
Date: _________________________
APPROVED AS TO FORM:
TREVOR RUSIN, Interim City Attorney
Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 1.12.010 of the Malibu Municipal Code and Code of Civil Procedure.
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Exhibit A
A. Strike the following MMC Sections: 17.62.040(A)(6), 17.08.040(0),
17.18.030(E), 17.22.040(M), 17.30.030(0), 17.32.030(A), l 7.36.030(B), 17.38.030(B), l7.38.030(C), 17.18.020(E), 17.22.020(0), 17.24.020(A), 17.26.020(A), 17.28.020(A),
17.30.020(A), l 7.34.020(B), l 7.36.020(C).
B. MMC Chapter 17.46 is amended as follows:
CHAPTER 17.46
WIRELESS COMMUNICATIONS FACILITIES
17.46.010 Purpose and objectives.
A. Purpose. The purpose and intent of this Chapter is to provide a uniform and comprehensive set of standards for the development, siting and installation of wireless communication facilities and antennas, other than those exempt under Section l 7.46.020(B). The regulations contained herein are designed to protect and promote the public health, safety and community welfare and the aesthetic quality and value of the City as set forth within the goals, objectives and policies of the general plan, while at the same time providing for managed development of wireless communications infrastructure.
B. Objectives. Recognizing the City's roles as regulator, service provider, facilitator and user, it is intended that the City shall apply these regulations in furtherance of the following goals and policy objectives, including but not limited to:
I. To retain control of private and public property within the confines of state and federal legislation to regulate wireless communications services.
2. To facilitate the creation of an advanced wireless communications infrastructure for citizens, businesses, industries and schools.
3. To protect the City from potential adverse effects of wireless communications facility development.
4. To ensure that the wireless communications infrastructure is designed to enhance and not interfere with the City's emergency response network.
17.46.020 Scope.
A. There shall be a type of permit entitled a "Wireless Permit (WP)," which shall be subject to all of the requirements of this Chapter. Unless exempted, every person who desires to place or modify a wireless communications facility must obtain a WP authorizing the placement or modification in accordance with this Chapter. The WP shall be obtained in one of the following ways, based on facility type:
I. Type I: The installation or modification of a facility that qualifies as a small cell facility, or eligible facilities request, or collocation of a non-small cell facility; or
2. Type 2: (a) the installation or modification of all wireless facilities that do not qualify as Type I; and (b) any WP application that includes a waiver request pursuant to MMC Section 17.46.060(C).
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B. Exemptions. Installation of the following antennas and/or appurtenant equipment which comply with all applicable requirements and standards pertaining to radio frequency (RF) emissions are not required to obtain a Wireless Permit:
1. Antennas designed to receive video programming signals from direct broadcast satellite (DBS) services, residential fixed wireless communications, multi-channel multi-point distribution providers (MMD) or television broadcast stations in all zoning districts are exempted, provided that all of the following conditions are met:
a. The antenna will be accessory to an existing use and measures thit1y-nine (39) inches (one meter) or less in diameter. b. The antenna will be installed in a location where it is not readily visible from the public right-of-way.
c. The antenna will not be located within a required setback area, driveway or parking space.
2. Amateur radio antenna (including ham and short wave) provided the antenna is the minimum height necessary to be effective and does not exceed the maximum base building height for the zoning district in which it is located by more than fifteen (15) feet.
3. Communicationsfacilities exempt from the provisions of this chapter by operation of state or federal law.
4. Wireless communication facilities in the public right-of-way and subject to the requirements of Chapter 12.02.
5. The placement or modification of facilities by the City or by any other agency of the state solely for public safety purposes.
6. Installation of a "cell on wheels," "cell on truck" or a similar structure for a temporary period in connection with an emergency or event, but no longer than required for the emergency or event, provided that installation does not involve excavation, movement, or removal of existing functional facilities.
C. The determination of whether or not a proposed facility meets the requirements of subsection B abovefor an exemption shall be made by the Planning Director.
D. Other applicable requirements. In addition to the WP required herein, the persons who will own or control the facility(ies) must comply with applicable laws, including, but not limited to, applicable laws governing RF emissions, the Americans with Disabilities Act (ADA) and electrical and fire codes.
17.46.030 Administration.
A. Reviewing Authority. For Type 1 applications, the Planning Director or their designee ("Director") is the reviewing authority responsible for taking action on the application. For Type 2 applications, the Planning Commission isthe reviewing authority and will hold a public hearing to take action on the application.
B. Heightened Review. Type 1 applications other than eligible facilities requests proposing installations in the following areas shall automatically be processed as Type 2 33 Ordinance No. 519
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applications and subject to heightened review: all Residential, Planned Development, and Mobilehome Zoning Districts.
C. Applications subject to heightened review must meet the findings required in MMC Section 17.46.110(A) and (B). Applications qualifying as eligible facilities requests must meet the findings in MMC 17.46.110(C). All other Applications must meet the findings required in Section 17.46.110(A).
D. As part of the administration of this Chapter and in addition to authority granted pursuant to other provisions of this Title 17, the Director may:
1. Extend or shorten deadlines where necessary to be consistent with state and federal laws and regulations;
2. Issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued; and
3. Take such other steps as may be required to timely act upon applications for placement of wireless communications facilities, including entering into agreements to mutually extend the time for action on an application.
E. Appeals.
1. Type 1 Applications.
a. Any person adversely affected by a decision of the Director pursuant to this Chapter may request an administrative hearing to appeal the Director's decision. In order to request a hearing, the person shall submit to the City Clerk in the manner directed in the Director's decision notice a fully completed request for administrative hearing form along with a full amount of the appeal fee set by the City Council (by way of check or money order). The request for administrative hearing shall be incomplete if it does not include the appeal fee in the full amount. b. Appeals must be filed within ten (10) calendar days of the mailing of decision notice of the Director, unless a different time period is specified by the Director in such notice. The Director may extend the time period for filing an appeal for due cause, but an extension may not be granted where such extension would result in approval of the application by operation of law. If a timely and complete request for hearing is not submitted, the Director's decision shall be deemed final. c. If a timely and complete request for hearing is submitted, the City Manager shall appoint an administrative hearing officer or, if designated by action of the City Council, two members of the Planning Commission and a member of the City Council ("Hearing Officer") to conduct the administrative hearing. The Hearing Officer shall decide the issues de novo. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. The appellant and the applicant shall have the opportunity to present evidence in support of their case. d. Any administrative hearing shall be conducted so that a timely written decision may be issued in accordance with applicable law. e. The hearing officer's decision shall be in writing, shall explain the basis for the decision, and shall be served upon the applicant, and upon the appellant (if different) by first class mail, to the address stated on the request for hearing form. 34 Ordinance No. 519
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and the written decision of the Hearing Officer will be the final decision of the City effective on the date of mailing.
2. Type 2 Applications.
a. Any person adversely affected by a decision of the Planning Commission pursuant to this Chapter may request a public hearing to appeal the Planning Commission's decision to the City Council. In order to request a hearing, the person shall submit to the City Clerk in the manner directed in the Planning Commission's decision notice a fully completed request for a public hearing form along with the full amount of the appeal fee set by the City Council (by way of check or money order). The request for a public hearing shall be incomplete if it does not include the deposit in the full amount of the appeal fee. The deposit will be retained in a noninterest bearing account until the matter is resolved. The appeal fee shall be refunded to the appellant if their appeal is granted.
b. Appeals must be filed within ten (10) calendar days of the mailing of decision notice of the Planning Commission, unless a different time period is specified by the City in such notice. The City may extend the time period for filing an appeal for due cause, but an extension may not be granted where such extension would result in approval of the application by operation of law. c. If a timely and complete request for hearing is not submitted, the Planning Commission's decision shall be deemed final.
d. Any public hearing shall be conducted so that a timely written decision may be issued in accordance with applicable law. The City Council's review shall be de novo; it may receive new evidence and is not bound by the previous record.
e. The City Council's decision shall be in writing, shall explain the basis for the decision, and shall be served upon the applicant, and upon the appellant (if different) by first class mail, to the address stated on the request for hearing form.
The written decision of the City Council will be the final decision of the City effective on the date of mailing.
17.46.040 Definitions.
"Antenna" means a typically metallic device used for radiating or receiving radio waves. "Antenna, building mounted sites" means antennas which are located and/or mounted on an
existing building's exterior walls.
"Antenna, Roof-Mounted" means an antenna, and its associated support structure, that is attached to a roof of a building or similar structure. "Application" A formal request, including all required and requested documentation and information, submitted by an applicant to the City for a wireless permit. "Applicant" A person filing an application for placement or modification of a wireless communications facility in the City of Malibu.
“Co-Location” - is (1) mounting or installing an antenna facility on a pre-existing structure; and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility on that structure. However, as used for Eligible Facilities Requests, “collocation” is limited to the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. 35 Ordinance No. 519
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“Equipment Cabinet” - is a physical container used to house smaller, distinct pieces of equipment or devices that are components of a wireless communication facility. "Eligible Facilities Request or EFR" shall have the meaning as set forth in 47 C.F.R.
Section 1.6100(b)(3), or any successor provision.Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, as defined by FCC regulations (47 C.F.R. Section 1.6100), involving:
(i) Collocation of new transmission equipment;
(ii) Removal of transmission equipment; or
(iii) Replacement of transmission equipment.
A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria pursuant to 47 C.F.R. Section
1.6100(b)(7):
(i) For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater;
(A) Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.
(ii) For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
(iii) For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure; (iv) It entails any excavation or deployment outside of the current site, except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site;
(v) It would defeat the concealment elements of the eligible support structure; or (vi) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in (i) through (iv). "FCC" is the Federal Communications Commission or its lawful successor. 36 Ordinance No. 519
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"Personal Wireless Services" shall have the same meaning as set forth in 47 U.S.C.
Section 332(C)(7)(C)(i).
"Personal Wireless Services Facility" means a wireless communications facility used for the provision of personal wireless services.
"Person Adversely Affected" means the applicant, or owners/occupants who reside within a 1,000-foot radius of the project property. "Public Right-of-Way, or ROW" means any public street, public way or public place within the City limits, either owned by the City or dedicated to the public for the purpose of travel and which the City has the responsibility to maintain or manage. The term includes all or any part of the entire width of right-of-way, and above and below the same, whether or not such entire area is actually used for travel purposes. "Small Cell Facility" shall have the same meaning as "small wireless facility" in 47 C.F.R. 1.6002(1), or any successor provision (which is a personal wireless servicesfacility that meets the following conditions that, solely for convenience, have been set forth below):
(1) The facility-
(i) is mounted on a structure 50 feet or less in height, including antennas, as defined in 47
C.F.R. Section l.1320(d), or
(ii)is mounted on a structure no more than 10 percent taller than other adjacent structures, or
(iii)does not extend an existing structure on which it isare located to a height of more than 50
feet or by more than 10 percent, whichever is greater;
(2) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. Section l.1320(d)), is no more than three cubic feet in volume;
(3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; (4) The facility does not require antenna structure registration under 47 C.F.R. Part 17; (5) The facility is not located on Tribal lands, as defined under 36 C.F.R. Section 800.16(x); and
(6) The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. Section l.1307(b). "Support Structure" Any structure capable of supporting a base station and/or antenna.
"Stealth facility" (or "stealth facilities") means a wireless communications facility designed to look like something other than a wireless tower or base station. "Wireless communications facilities" means the wiring, cables, electronic equipment, transmitters, antenna structures and other types of installations used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), support structure(s), and base station(s).
17.46.050 Health and safety.
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A. No wireless communications facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health, safety or welfare. All wireless communicationsfacilities shall be designed by qualified, licensed persons to provide the maximum protection that is technically feasible to prevent electrical and fire hazards. All wireless facilities should be proactively monitored and maintained to continue and, if possible, improve the safety design.
B. No facility or combination of facilities shall produce at any time power densities or exposure levels in any general population area that exceed the applicable FCC standards for radiofrequency (RF) emissions.
17.46.060 Standards for Wireless Communications Facilities.
A. Generally. Wireless communications facilities, except qualifying eligible facilities requests, shall meet the minimum requirements set forth in this Chapter, in addition to the requirements of any other applicable law. Compliance with one or more of the development, engineering, design and location standards of this Section may be waived on a case-by-case basis pursuant to section 17.46.060(C) below.
B. Engineering, Design, and Location Standards. The City Council may adopt by resolution the Engineering, Design and Location Standards, Conditions of Approval and Basic Application Requirements for Wireless Communications Facilities on Land Other than Public Right-of-Way. All applications shall comply with the engineering, design and location standards for wireless communications facilities set forth in this ChapterOrdinance and such Resolution, as amended.
C. Waivers of Development Standards. Requests for waivers from any requirement development standard of this Chapter or the standards and wireless regulations set forth in the City Council resolution shall be made in writing to the Director.
1. A waiver may be requested: (1a) to avoid a denial of an application that would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations; or (2b) if compliance with a development standard would be technically infeasible; or (c) if the particular engineering, design, or location proposed involves only minor noncompliance with a development standard for the technical or design reasons specified in the Resolution described in Section 17.46.060(C), as amended. A request for waiver may be granted only if it is demonstrated through clear and convincing evidence that the standard for the waiver has been met.
2. All waivers approved pursuant to this subsection shall only be granted on a case-bycase basis based on substantial evidence if the decision-maker affirmatively finds (as applicable): (a) for a waiver requested under 1(a), that denial based on strict adherence to the standard would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or 38 Ordinance No. 519