Malibu City Council
April 14, 2025

Agenda Item # 1.B.11.
residential properties affected by the January 2025 wildfires and owned by the same property owners as of January 7, 2025.

Within six months of expenditure of all funds, and no later than December 31, 2028, the City will be responsible for submitting a Final Report that will contain detailed information on the specific uses and expenditures of any program funds, notable accomplishments, and any lessons learned.

ATTACHMENT: Draft 2025 Recovery Planning Grant Exhibits A-E Grantee’s Name
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EXHIBIT A - Page 1 of 12
Program Name: 2025 Recovery Planning Grant
Approved Date:

Prep. Date:

EXHIBIT A

AUTHORITY, PURPOSE, AND SCOPE OF WORK

1. Authority
Pursuant to Budget Act of 2024, as amended by Senate Bill 3 (Chapter 2, Statutes of 2025), Amendment to Item 2240-001-0001, Schedule (3), Provision 3, the California Department of Housing and Community Development (the “Department” or “HCD”) has established the “2025 Recovery Planning Grant,” (“RPG” or the “Program”). This Standard Agreement, along with all its exhibits (the “Agreement”), is entered into under the authority of, and in furtherance of, the purpose of the Program.

2. Purpose
This Agreement provides funding to the [Name of Grantee] to support expedited planning review and building inspection services for residential rebuilding efforts following the January 2025 wildfires, as authorized by statute. Funds shall be used to provide additional planning review and building inspection resources that expedite permitting and approval processes for rebuilding residential properties.

In the interest of promoting expeditious recovery, the Grantee must:
1) Provide “one stop shop” for processing permit applications concurrently so that a homeowner/builder can access assistance through a central point, and the jurisdiction will coordinate with all relevant departments. 2) Offer pre-approved plans for ADUs and a variety of housing types. 3) Grant ministerial approval of “like for like” rebuilds, and promote a generous interpretation of “like for like” in line with executive orders related to the January 2025 fires.
4) Continue approving new construction housing outside of the recovery pipeline without delay to ensure additional housing options come online as soon as possible.

Funds provided must supplement, not supplant, previously existing resources for planning review and building inspections. Funds shall be used only for residential properties affected by the January 2025 wildfires and owned by the same property owners as of January 7, 2025. All work must be completed in accordance with applicable local, state, and federal laws.

3. Eligible Activities
Eligible activities include but are not limited to:

Grantee’s Name
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EXHIBIT A - Page 2 of 12
Program Name: 2025 Recovery Planning Grant
Approved Date:

Prep. Date:
1) Hiring or contracting additional planning or building inspection staff. 2) Overtime costs for existing staff engaged in eligible activities. 3) Technology or systems improvements that directly support expedited permitting.
4) Temporary office or mobile permitting stations to serve affected areas. 5) Hiring or contracting additional services that support expeditious permitting and rebuilding of homes, such as development of pre-approved plans.

4. Term
This Agreement shall become effective on the date of final execution by all parties and shall remain in effect until June 30, 2028, unless terminated earlier in accordance with Exhibit C.

5. Department Contract Coordinator
The Contract Coordinator of this Agreement for the Department is the Assistant Deputy Director, unless otherwise informed, any notice, report, or other communication required by this Agreement shall be mailed by email to the Department Contract Coordinator at the following address:

California Department of Housing and Community Development Housing Policy Development
Attention David Zisser; [email protected]
651 Bannon Street, Ste. 400
Sacramento, CA 95811
Grantee’s Name
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EXHIBIT B - Page 3 of 12
Program Name: 2025 Recovery Planning Grant
Approved Date:

Prep. Date:

EXHIBIT B

BUDGET DETAIL AND DISBURSEMENT PROVISIONS

1. Allocation
The total allocation to [Name of Grantee] shall be $[XXXXX], subject to the terms and conditions of this agreement.

The allocation amount in this Agreement was determined by HCD based on wildfire impact data, including structure damage counts from CAL FIRE’s Damage Inspection (DINS) Reports.

2. General Conditions Prior to Disbursement
A. The Grantee must submit the following forms prior to this Program allocation being released:
1) Signed STD 213 Standard Agreement form and Exhibits A through E.
2) STD 204 Payee Data Record or Government Agency Taxpayer ID Form.

3. Disbursement of Funds
Funds will be disbursed in one lump sum upon execution of this Agreement and submission of the required forms.

4. Allowable and Ineligible Uses of Funds
All Program funds must be spent consistent with the intent of the Program and the eligible uses identified in Exhibit A, specifically to provide additional planning review and building inspection resources for the purpose of expediting building approvals during the recovery period after the January 2025 wildfires. Use of the funds shall be restricted to expediting planning review and building inspections for rebuilding of residential properties still owned by the same homeowners on record as of January 7, 2025. As described in Exhibit A, funds provided must supplement, not supplant, previously existing resources for planning review and building inspections. The funds described in this provision are available for encumbrance until June 30, 2028.

Grantee’s Name
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EXHIBIT C - Page 4 of 12
Program Name: 2025 Recovery Planning Grant
Approved Date:

Prep. Date:

EXHIBIT C

GENERAL TERMS AND CONDITIONS
This Agreement is subject to the provisions of the State of California’s General Terms and Conditions (GTC 04/2017 or later), which are incorporated by reference.

1. Termination of Agreement
HCD may terminate this Agreement at any time for cause by providing a minimum of thirty (30) days’ written notice to the Grantee. Cause for termination may include, but is not limited to: any violation of the conditions of this Agreement; breach of contract by the Grantee; violation of applicable federal or state laws; or the withdrawal or reduction of HCD’s expenditure authority. Upon termination, unless otherwise approved in writing by HCD, the Grantee shall return any unexpended funds to HCD within thirty (30) days of receiving the notice of termination.

2. Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made available to HCD by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations, or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms, or funding of this Agreement in any manner.

3. Reporting, Auditing, and Records
A. Reporting
1) Final Report: Within six (6) months of expenditure of all funds, and no later than December 31, 2028, the Grantee will be responsible for submitting a Final Report that will contain detailed information on the specific uses and expenditures of any program funds, notable accomplishments, and any lessons learned. Any nonproprietary materials created with the use of these funds that may be beneficial to other communities should be shared with HCD, or included in the close out report to be amplified by HCD.

B. Auditing
Grantee’s Name
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EXHIBIT C - Page 5 of 12
Program Name: 2025 Recovery Planning Grant
Approved Date:

Prep. Date:

HCD reserves the right to conduct or commission a financial or programmatic audit of the Grantee’s use of Program funds. At HCD’s request, the Grantee shall, at its own expense, obtain an independent audit performed by a certified public accountant.

The Grantee shall:
1) Notify HCD of the selected auditor’s name and contact information. 2) Ensure the audit contract allows HCD access to the auditor’s working papers.
3) Cover all costs associated with any audit it is required to obtain. 4) Submit a written response acceptable to HCD for any audit findings within ninety (90) days of the auditor’s report.

C. Record Inspection
The Grantee shall maintain all records related to this Agreement, including financial and program documentation. Upon reasonable notice, HCD or its designee may access the Grantee’s premises, personnel, and records during normal business hours to review, copy, and interview staff as necessary to determine compliance with this Agreement.

D. Record Retention
The Grantee shall retain all records for a period of three (3) years after the termination of this Agreement. If any audit, litigation, claim, or other action is initiated prior to the end of that period, records must be retained until the matter is resolved and final action taken.

E. Public Records Act
This contract, and other documents related to the grant are considered public records, which are available for public viewing pursuant to the California Public Records Act Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code.

4. Subcontractor Compliance

The Grantee shall ensure all subcontractors comply with this Agreement’s terms, applicable laws, and insurance requirements, and shall include all applicable terms in each subcontract. The Grantee must monitor subcontractor performance and provide documentation to HCD upon request.

Grantee’s Name
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EXHIBIT C - Page 6 of 12
Program Name: 2025 Recovery Planning Grant
Approved Date:

Prep. Date:

5. Breach and Remedies
A. Breach of Agreement
Breach of this Agreement includes, but is not limited to, the following events:
1) The Grantee’s failure to comply with the terms or conditions of this Agreement.
2) Any failure to comply with the deadlines set forth in this Agreement.

B. Remedies for Breach of Agreement
In addition to any other remedies that may be available to HCD in law or equity for breach of this Agreement, HCD may:
1) Require the return of any unexpended Program funds disbursed under this Agreement.
2) Require repayment of Program funds disbursed and expended under this Agreement.
3) Require the immediate return to HCD of all funds derived from the use of Program funds.
4) Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or participation in the technical assistance in accordance with the requirements of this Agreement.

C. All remedies available to HCD are cumulative and not exclusive.

D. HCD may give written notice to the Grantee to cure the breach or violation within a period of not less than thirty (30) days.

E. If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Grantee’s Name
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EXHIBIT C - Page 7 of 12
Program Name: 2025 Recovery Planning Grant
Approved Date:

Prep. Date:

F. The Grantee shall notify HCD promptly of any claim, legal proceeding, or action that may affect the performance of this Agreement or the interests of HCD.

6. Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of HCD to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of HCD to enforce these provisions.

7. Nondiscrimination
During the performance of this Agreement, the Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, and denial of medical and family care leave or pregnancy disability leave. The Grantee and its subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. The Grantee and its subrecipients shall comply with the provisions of California’s laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135 - 11139.5). The Grantee and its subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

8. Conflict of Interest
The Grantee and its subcontractors are subject to state and federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken.

Grantee’s Name
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EXHIBIT C - Page 8 of 12
Program Name: 2025 Recovery Planning Grant
Approved Date:

Prep. Date:

Additional applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411.

A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent Grantee with any State agency to provide goods or services.

B. Former State Employees: For the two (2) year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve (12) month period from the date, he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve (12) month period prior to his or her leaving State service.

C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the Political Reform Act of 1974 (Gov. Code, § 81000 et seq.).

D. Representatives of a County: A representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county.

9. Drug-Free Workplace Certification
Certification of Compliance: By signing this Agreement, the Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its subrecipients will comply with the requirements of the Drug-Free Workplace Grantee’s Name
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EXHIBIT C - Page 9 of 12
Program Name: 2025 Recovery Planning Grant
Approved Date:

Prep. Date:

Act of 1990 (Gov. Code, section 8350 et seq.) and have or will provide a drugfree workplace by taking the following actions:

Publish a statement notifying employees and subrecipients that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code section 8355, subdivision (a)(1).

A. Establish a Drug-Free Awareness Program, as required by Government Code section 8355, subdivision (a)(2) to inform employees, grantees, or subrecipients about all of the following:
1) The dangers of drug abuse in the workplace.
2) The Grantee’s policy of maintaining a drug-free workplace. 3) Any available counseling, rehabilitation, and employee assistance program; and
4) Penalties that may be imposed upon employees, the Grantee, and subrecipients for drug abuse violations.

B. Provide, as required by Government Code section 8355, subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement:
1) Will receive a copy of the Grantee’s drug-free policy statement, and
2) Will agree to abide by terms of the Grantee’s condition of employment or subcontract.

10. Child Support Compliance Act
For any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that:

A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment Grantee’s Name
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EXHIBIT C - Page 10 of 12
Program Name: 2025 Recovery Planning Grant
Approved Date:

Prep. Date:
orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

Grantee’s Name
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EXHIBIT D - Page 11 of 12
Program Name: 2025 Recovery Planning Grant
Approved Date:

Prep. Date:

EXHIBIT D

SPECIAL CONDITIONS
This agreement contains no special conditions.

Grantee’s Name
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EXHIBIT E - Page 12 of 12
Program Name: 2025 Recovery Planning Grant
Approved Date:

Prep. Date:

EXHIBIT E

CERTIFICATIONS

1. Compliance with State and Federal Laws, Rules, Guidelines and Regulations The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, land use, homelessness, housing element, fair housing, and all other matters applicable and/or related to the Program, the Grantee, its subrecipients, and all eligible activities.

The Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. The Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. The Grantee shall provide copies of permits and approvals to HCD upon request.

Agenda Item # 1.B.12.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Alexis Brown, Acting Assistant City Manager Approved by: Joseph D. Toney, Acting City Manager
Date prepared: April 11, 2025 Meeting date: April 14, 2025 Subject: Request for Modified USACE Debris Removal Operations and Coordinated Access on Pacific Coast Highway (PCH)
RECOMMENDED ACTION: Authorize the Mayor to sign a letter to the Secretary of the California State Transportation Agency requesting coordination with the U.S. Army Corps of Engineers and other relevant agencies to adjust the current debris removal schedule and allow controlled weekend access to PCH.

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

Should the request be approved, staff will return to Council with any required agreements, contracts, or budget amendments necessary for implementation, including supplemental security or transit-related expenditures.

STRATEGIC PRIORITY: This item was not included in the Adopted FY 2024-25 Strategic Priority Project List. At the Council’s direction, this project can be brought back at a future Strategic Planning meeting for prioritization.

DISCUSSION: In response to the ongoing impacts of the Palisades Fire, the U.S. Army Corps of Engineers (USACE), in coordination with federal, state, and local agencies, continues to lead one of the most expedited debris removal operations in Los Angeles County’s history. These efforts are critical to ensuring Malibu’s recovery and public safety. However, the prolonged restriction of access on Pacific Coast Highway (PCH)— currently limited to one lane in each direction and open only to burn area residents, essential contractors, and utility personnel—is having a devastating effect on the city’s economic stability and local business recovery.

City Council Meeting
04-14-25
Item

1.B.12.

Agenda Item # 1.B.12.

The City is proposing a collaborative and measured approach that would support continued debris removal operations while allowing limited public access to PCH on weekends. Specifically, the request includes:
• Extending USACE’s working hours Monday through Thursday to maintain cleanup momentum.
• Allowing limited public access to PCH from Fridays at 4:00 PM through Sundays at 10:00 PM.
• Restricting weekend access to vehicles with three or more passengers and authorized rideshare services to promote safety and reduce congestion. • Supplementing enforcement through private security (RFQ issued) and coordination with law enforcement, especially as the National Guard’s deployment is set to end April 30, 2025.

Additionally, the request seeks support in expanding LA Metro Line 134 service to include an in-city shuttle system, offering a park-and-ride solution for residents and visitors that supports both mobility and local economic recovery.

There is no perfect solution, but this proposal attempts to balance the urgent need for continued disaster response with the equally urgent need to revitalize Malibu’s economy and preserve the viability of its small businesses.

Staff recommends that the City Council authorize Mayor Stewart to sign the attached request letter to Secretary Omishakin.

ALTERNATIVES:

A. Maintain Status Quo
B. Request Limited Pilot Access Periods
C. Prioritize Expanded Public Transportation Options Only D. Submit a Joint Letter with Regional Stakeholders
ATTACHMENTS:

A. Draft Request Letter
City of Malibu
23825 Stuart Ranch Road • Malibu, California • 90265-4861 Phone (310) 456-2489 • Fax (310) 456-3356 • www.malibucity.org 1 April 14, 2025
The Honorable Toks Omishakin
Secretary
California State Transportation Agency
915 Capitol Mall, Suite 350B
Sacramento, CA 95814
RE: Request for Modified USACE Debris Removal Operations and Coordinated Access on Pacific Coast Highway (PCH)
Dear Secretary Omishakin,
On behalf of the City of Malibu, I want to begin by expressing our sincere appreciation for the ongoing coordination between federal, state, and local agencies in response to the Palisades Fire recovery. The scale and speed of debris removal underway—led by the U.S. Army Corps of Engineers (USACE)—has been commendable and is vital to helping our community rebuild.

As we continue supporting these critical efforts, we are also working to balance safety and recovery with equitable access to Pacific Coast Highway (PCH), the sole transportation artery through our city. Currently, PCH remains restricted to one lane in each direction, with access limited to essential contractors, utility crews, and burn area residents. While we support these limitations as necessary for the safe and swift removal of debris, the prolonged closure is having a devastating secondary impact on Malibu’s local businesses, workers, and tourism economy.

The City respectfully requests your partnership in facilitating a coordinated adjustment to USACE’s operating schedule that would allow for expanded public access to PCH on weekends, without compromising the progress of cleanup efforts.

Our specific request is as follows:
• Extend USACE debris removal operations to longer hours Monday through Thursday, contingent upon coordination with receiving landfills.
• Allow for controlled public access to PCH from Fridays at 4:00 PM through Sundays at 10:00 PM, beginning May 2025.
• Maintain access limitations for safety, with allowances for:
o Vehicles with three or more passengers (encouraging carpools) o Rideshare services (Uber, Lyft, etc.)
2 Recycled Paper
• Supplement traffic and safety enforcement with private security personnel (RFQ issued by the City) and dedicated law enforcement, in light of the scheduled withdrawal of the National Guard on April 30, 2025.

We also request your support in expanding our partnership with LA Metro, which resumed Line 134 service on February 28. We would like to explore a localized in-city shuttle or trolley-style service to provide park-and-ride options and ease congestion during open access weekends. This would also support our local businesses by creating an efficient, visitor-friendly transportation option.

We recognize this proposal requires coordination with multiple agencies, including the Governor’s Office, Caltrans District 7, LA County Public Works, USACE, LA Metro, and landfill operators. However, with thoughtful alignment and a shared commitment to both recovery and economic resilience, we believe it is achievable.

There is no perfect solution—but together, we may be able to preserve what is left of Malibu’s local economy while continuing our path to full recovery.

Thank you for your leadership and for your consideration of this urgent request. We welcome the opportunity to meet and further discuss implementation logistics with your team and our interagency partners.

Sincerely,
Doug Stewart, Mayor
City of Malibu
CC:

Brad Sherman, U.S. Representative, 32nd Congressional District Benjamin Allen, California State Senator, 24th District Jacqui Irwin, California State Assemblymember, 47th District Lindsey Horvath, Los Angeles County Supervisor, 3rd District Bob Fenton, Federal Emergency Management Agency (FEMA)
Col. Brian D. Sawser, US Army Corp of Engineers
Gloria Roberts, Director, Caltrans District 7

Agenda Item # 6.A.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Joseph D. Toney, Acting City Manager
Date prepared: March 27, 2025 Meeting date: April 14, 2025 Subject: Fire Recovery Work Session Agendas
RECOMMENDED ACTION: Provide direction to staff on which topics should be scheduled for upcoming Fire Recovery Work Sessions.

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

STRATEGIC PRIORITY: This item was not included in the Adopted FY 2024-25 Strategic Priority Project List, but this has been prioritized due to the declared emergency.

DISCUSSION: At its regular meeting on March 10, 2025, the City Council took action to establish reoccurring specials meetings in the format of Work Sessions, on Thursdays at 3:00 p.m. each week there is not a regular meeting scheduled. The work sessions provide an opportunity for in-depth discussion on specific topics, policy matters, and strategic initiatives related to the Palisades Fire Rebuilds.

The Council can provide direction to staff on how to prioritize topics for upcoming work sessions. The next work session is tentatively scheduled for April 24, 2025.

ALTERNATIVES: If the Council determines it does not have a topic for the next work session, it can direct staff to cancel the meeting.

ATTACHMENTS: None.

City Council Meeting
04-14-25
Item

6.A.

Agenda Item # 7.A.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Maureen Tamuri, AIA, AICP, Interim Planning Director Approved by: Joseph D. Toney, Acting City Manager
Date prepared: March 26, 2025 Meeting date: April 17, 2025 Subject: Consideration of a Broad, Franklin and Palisades Fire Rebuild Fee Waiver Program
RECOMMENDED ACTION: Provide direction to staff regarding a fee waiver program for the Broad, Franklin and Palisades fire rebuilds.

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

The fiscal impact of any fee waiver program for the over 1000+ structures lost or damaged by the Broad, Franklin and Palisades Fires will result in lost revenue to the City. At this time, staff is asking for direction from the Council on the program composition so that an estimate can be developed for Council consideration.

STRATEGIC PRIORITY: This item was not included in the Adopted FY 2024-25 Strategic Priority Project List, but this has been prioritized due to the declared emergency.

DISCUSSION: At its meeting of March 24, 2025, the City Council requested that staff agendize an item for discussion regarding a fee waiver program for the Broad, Franklin and Palisades Fire rebuilds. This discussion provides history on the Woosley Fire Rebuild Program and its cost to date, as well as a menu of discussion points to assist the Council in crafting a new fee waiver program if it chooses to do so.

Woosley Fire Fee Waiver Program
The 2018 Woosley Fire affected 651 parcels, and destroyed 464 homes and 2 multifamily structures in Malibu. In response to the disaster, the City Council adopted a rebuild fee waiver program in 2021 (Resolutions 21-10 and 21-62), which were extended in 2023 (Resolution 23-40). The program parameters generally consisted of the following parameters:

City Council Meeting
04-17-25
Item

7.A.

Agenda Item # 7.A.

Applicability:
1) Owners occupying the residence at the time of the fire and familial members (not eligible for transfer) ;
2) Single-family and multifamily properties only;
3) Multi parcel structures are eligible for fire damage fee waivers, not just the residence parcel;
4) Only valid for City issued planning approval and/or other building permits needed to rebuild “like-for-like” or “like-for-like plus 10%” structures; and 5) Temporary Housing.

Restrictions:
6) Fee waivers were limited to damaged or destroyed structures, replacement or upgrade of onsite wastewater treatment systems, damaged or destroyed accessory structures, hardscaping, and landscaping.
7) No business rebuilds were included in the program.
8) There were no income restrictions to applicants for a fee waiver. 9) Waived fees were to be reimbursed by new owners.
10) New fee waivers could not be claimed for a property sold after the Certificate of Occupancy was issued.
11) All fees associated with post-approval revisions to the project's Planning Department approval or building permit issuance will be charged in accordance with the City's Adopted Fee Schedule.
12) Fee waivers are not transferable.

Program Details:
13) The fee waiver applied at the time applications were submitted. 14) Fees paid by the applicant prior to qualifying are eligible for reimbursement.

Deadlines:
15) Applications for waiver are due by June 30, 2026.
16) All required Planning Department applications for the project must be deemed complete by June 30, 2026.
17) All required building permits must be pulled by December 30, 2026.

Woosley Fee Waiver Program Status
To date, of the 466 homes and residential units destroyed in the Woolsey Fire, 376 property owners have applied to rebuild the primary residence. Here are statistics on the use of the fee waiver program for the group rebuilding:

Agenda Item # 7.A.
• Of the 376 owners who have applied for rebuild permits, 239 were owner-occupied homes that qualified for the fee waiver program. Out of the 239, 41 were sold either during the permitting process or after the home was constructed. • Of the 189 destroyed homes that have completed construction, 146 were owneroccupied that qualified for the fee waiver program, of which 18 have since been sold.
• Cost of the fee waiver program (to date) is approximately $6.2 million dollars.

Considerations
Should the Council wish to establish a new fee waiver program, staff recommends consideration of the following:
1) Should fee waivers be expanded for rebuilds falling outside the “like for like” and like for like plus 10%?
2) Should fee waivers include new pools, water storage devices and other new site or structure improvements recommended for home hardening and not required by State Building or Fire Codes?
3) The Woolsey Fire fee waiver program was for all permits related to a damaged or destroyed structure including site improvements such as pools, garages, etc. for like-for-like or like-for-like plus10%.
a. Should fee waivers be restricted to the rebuilding of primary residences and required accessory structures only?
4) Consultant fees for complex beachfront and landslide impacted areas are expected to increase substantially in comparison to those reimbursed in the Woosley Fire Rebuild process. This is driven by both the increased number of rebuilds (approximately 35% more) as well as the complexity of structural, geotechnical and beachfront engineering reviews required.
a. Should limits to fee waivers for consultant supported permits be considered? 5) Should the program be limited based on household income, or restricted when other monetary sources for rebuilds expressly cover permitting fees (e.g. insurance, settlements, FEMA grants, SBA Loans, etc.)?

6) The City waived fees at the beginning of the permitting process. a. Should the program reimburse the qualifying owner only after the Certificate of Occupancy is issued?

Agenda Item # 7.A.
7) The City did not place a limit on the amount of waived fees per parcel. For completed homes, the fee waivers ranged from $15,000 in waived fees up to $50,000. The reason for the disparity due to the number of structures and square footage of each structure rebuilt on the parcel, site improvements rebuilt, and the number of reviews required by City Departments.
a. Should the fee waiver program include a not-to-exceed amount? Local Businesses
Local businesses have also been impacted by the recent fires. Pacific Coast Highway (PCH) remains closed to regular traffic coming from the greater Los Angeles area. Some businesses have verbally reported significant drops in in-store sales revenue since the PCH closure. One immediate fee the Council can consider is waiving or reducing the Temporary Use Permit (TUP) fee, currently $821. In addition to the fee waiver, the Council may also consider temporarily reducing the application submittal and noticing period for TUPs. Currently the Malibu Municipal Code requires a TUP application to be submitted within 35 days of the event. Additionally, a notice to all neighbors within 500 feet of the event is required 32 days prior to the event and the event approval or denial must be issued by the Planning Director at least 24 days prior to the event. The Council may also consider allowing more than the maximum six TUPs per year limit. Reducing the fees, application, and noticing requirements can help promote business activities in the City and draw people to Malibu, especially with the summer months approaching.

Other fees that could be temporarily waived to assist local businesses are:
• Over the Counter (Tenant Improvement) $200
• Planning Clearance $396 (non-formula retail)
• Sign Permit $248
• Temporary Signage $48
ATTACHMENTS:

1. Resolution 21-10, Woosley Fire Fee Waiver Program

2. Resolution 21-62, Woosley Fire Fee Waiver Program

3. Resolution 23-40, Woosley Fire Fee Waiver Program

RESOLUTION NO. 2 1-10

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
SUPERSEDING AND REPLACING RESOLUTION NO. 20-32; DIRECTING THE

CITY MANAGER TO WAIVE CERTAIN FEES RELATED TO THE

REBUILDING OF STRUCTURES THAT WERE DAMAGED OR DESTROYED

BY THE WOOLSEY FIRE ON A PROPERTY USED AS A PRIMARY
RESIDENCE; AND FINDING THE ACTION TO BE EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. The 2018 Woolsey Fire destroyed at least 488 single-family homes in Malibu.

B. In the public interest ofencouraging the rebuilding ofhomes in the City that were lost in the Wooisey Fire, the City desires to waive certain planning and building permit fees related to the rebuilding structures that were damaged or destroyed by the Woolsey Fire.

C. The waiving of fees will only be applicable to owners of properties that are being rebuilt as a like-for-like or like-for-like plus 10% rebuild and were used as a primary residence by such owners as ofNovember 8, 2018.

D. Property owners requesting a waiver offees must demonstrate primary residency with an active voter registration, a valid driver’s license or other government-issued identification card with the address of the property that was destroyed by the Woolsey Fire acceptable to the City Manager and file an affidavit with the City on the form specified by the City Manager.

E. Building permits eligible for fee waiver shall include grading, foundation, building, plumbing, mechanical, electrical and Onsite Wastewater Treatment System (OWTS) permits.

F. The City cannot waive permit fees required by other agencies including, but not limited to, the County of Los Angeles and the State of California.

G. On June 24, 2019, the City Council adopted Resolution No. 19-30 authorizing the waiving of fees from November 8, 2018 through June 30, 2020.

H. On February 24, 2020, the City Council adopted Resolution No. 20-10 authorizing the waiving of certain fees related to the rebuilding of from November 8, 2018 through December 30, 2020.

I. On June 22, 2020, the City Council adopted Resolution No. 20-32 authorizing the waiving ofcertain fees related to the rebuilding of structures that were damaged or destroyed by the Woolsey Fire on a property used as a primary residence. The City Council now desires to modif~’ and replace Resolution No. 20-32 as herein described.

Attachment 1
Resolution No. 21-10

SECTION 2. Action.

The recitals above are adopted and, based thereon, the City Council directs the City Manager to waive the necessary planning and building permit fees for projects rebuilding a like-for-like or like-for like plus 10% structures that were damaged or destroyed by the Woolsey Fire where the property owner demonstrates to the satisfaction of the City Manager that the property was used as the primary residence by the property owner on November 8, 2018, subject to the following requirements and limitations:
(1) an application for waiver is received by December 30, 2021, (2) all required Planning Department applications for the project are deemed complete by December 30, 2021,
(3) all required building permits are pulled by June 30, 2022 (fees will have to be paid for any building permit pulled after June 30, 2022, before it will be issued), (4) all fees associated with post-approval revisions to the project’s Planning Department approval or building permit issuance will be charged in accordance the City’s Adopted Fee Schedule.
(5) in no case shall any fees be waived after June 30, 2022, and (6) fee waivers are not transferable. If a waiver is obtained, a Certificate of Occupancy will only be issued to the property owner who filed the affidavit establishing primary residence at the time of the Woolsey Fire with the City. All fees that were waived must be paid to the City before a Certificate ofOccupancy will be issued to an owner other than the one listed on the fee waiver.

This resolution supersedes and replaces Resolution 20-32.

SECTION 3. Environmental Review.

The Council finds that the adoption and implementation ofthis resolution is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment, section 15064(e) which exempts purely economic regulations, and Public Resources Code Section 21 080(b)(4) regarding actions to mitigate or prevent an emergency.

SECTION 4. The City Clerk shall certify to the passage and adoption ofthis resolution and enter it into the book of original resolutions.

PASSED, APPROVED, and ADOPTED this 22~~ day of March 202 MIKtK.E PIERSON, Mayor ~-
Resolution No. 21-10

ATTEST:

HEAWER IGLASER, City Clerk
(sea1)
APPROVED AS TO FORM:
4v~C~
JOHN COTTI, Interim City Attorney
I CERTIFY THAT THE FOREGOING RESOLUTION NO. 21-10 was passed and adopted by the City Council of the City of Malibu at the Regular meeting thereof held on the 22~’ day of March 2021 by the following vote:

AYES: 4 Councilmembers: Farrer, Silverstein, Grisanti, Pierson NOES: 0
ABSTAIN: 1 Councilmember: Uhring
ABSENT: 0
HEATI-~iR
v~fJJY~

GLASER,
~
C1tycI~rk
(seal)
RESOLUTION NO. 2 1-62

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
SUPERSEDING AND REPLACING RESOLUTION NO.21-10; DIRECTING THE

CITY MANAGER TO WAIVE CERTAIN FEES RELATED TO THE

REBUILDING OF STRUCTURES THAT WERE DAMAGED OR DESTROYED

BY THE WOOLSEY FIRE ON A PROPERTY USED AS A PRIMARY
RESIDENCE; AND FINDING THE ACTION TO BE EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. The 2018 Woolsey Fire destroyed at least 488 single-family homes in Malibu.

B. In the public interest ofencouraging the rebuilding ofhomes in the City that were lost in the Woolsey Fire, the City desires to waive certain planning and building permit fees related to the rebuilding structures that were damaged or destroyed by the Woolsey Fire.

C. The waiving of fees will only be applicable to owners of properties that are being rebuilt as a like-for-like or like-for-like plus 10% rebuild and were used as a primary residence by such owners as ofNovember 8, 2018.

D. Property owners requesting a waiver offees must demonstrate primary residency with an active voter registration, a valid driver’s license or other government-issued identification card with the address of the property that was destroyed by the Woolsey Fire acceptable to the City Manager and file an affidavit with the City on the form specified by the City Manager.

E. Building permits eligible for fee waiver shall include grading, foundation, building, plumbing, mechanical, electrical and Onsite Wastewater Treatment System (OWTS) permits.

F. The City cannot waive permit fees required by other agencies including, but not limited to, the County of Los Angeles and the State of California.

G. On June 24, 2019, the City Council adopted Resolution No. 19-30 authorizing the waiving of fees from November 8, 2018 through June 30, 2020.

H. On February 24, 2020, the City Council adopted Resolution No. 20-10 authorizing the waiving of certain fees from November 8, 2018 through December 30, 2020.

I. On June 22, 2020, the City Council adopted Resolution No. 20-32 authorizing the waiving of certain fees from November 8, 2018 through June 30, 2021.

J. On March 22, 2021, the City Council adopted Resolution No. 21-10 authorizing the waiving ofcertain fees related to the rebuilding of structures that were damaged or destroyed by the Woolsey Fire on a property used as a primary residence as ofNovember 8, 2018. The City Council now desires to modify and replace Resolution No. 2 1-10 as herein described.

SECTION 2. Action.

Attachment 2
Resolution No. 21-62

The recitals above are adopted and, based thereon, the City Council directs the City Manager to waive the necessary planning and building permit fees for projects rebuilding a like-for-like or like-for like plus 10% structures that were damaged or destroyed by the Woolsey Fire where the property owner demonstrates to the satisfaction of the City Manager that the property was used as the primary residence by the property owner on November 8, 2018, subject to the following requirements and limitations:
(1) an application for waiver is received by June 30, 2023. (2) all required Planning Department applications for the project are deemed complete by June 30, 2023.
(3) all required building permits are pulled by December 30, 2023 (fees will have to be paid for any building permit pulled afier December 30, 2023, before it will be issued. (4) all fees associated with post-approval revisions to the project’s Planning Department approval or building permit issuance will be charged in accordance the City’s Adopted Fee Schedule.
(5) in no case shall any fees be waived afier December 30, 2023. (6) fee waivers are not transferable. If a waiver is obtained, a Certificate of Occupancy will only be issued to the property owner who filed the affidavit establishing primary residence at the time of the Woolsey Fire with the City. All fees that were waived must be paid to the City before a Certificate ofOccupancy will be issued to an owner other than the one listed on the fee waiver.

This resolution supersedes and replaces Resolution 2 1-10.

SECTION 3. Environmental Review.

The Council finds that the adoption and implementation ofthis resolution is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 1506 1(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment, section 15064(e) which exempts purely economic regulations, and Public Resources Code Section 21 080(b)(4) regarding actions to mitigate or prevent an emergency.

SECTION 4. The City Clerk shall certify to the passage and adoption ofthis resolution and enter it into the book of original resolutions.

Resolution No. 21-62

PASSED, APPROVED, and ADOPTED this 8th day of November 2021 ~TI,~yor~ PAUL
ATTEST~
KELSEY P~TTIJthN, City Clerk
(seal)
APPROVED AS TO FORM:

I CERTIFY THAT THE FOREGOING RESOLUTION NO. 21-62 was passed and adopted by the City Council of the City of Malibu at the Regular meeting thereof held on the 8th day of November 2021 by the following vote:

AYES: 3
NOES: 2
ABSTAIN: 0
ABSENT:
~
0 (seal)
Farrer, Pierson, Grisanti
Uhring, Silverstein
,1/ j•~/
JOF~Pf\T COTTI, Interim City Attorney
Councilmembers:

Councilmembers:

RESOLUTION NO. 23-40

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
SUPERSEDING AND REPLACING RESOLUTION NO. 21-62; DIRECTING

THE CITY MANAGER TO WAIVE CERTAIN FEES RELATED TO THE

REBUILDING OF STRUCTURES THAT WERE DAMAGED OR

DESTROYED BY THE WOOLSEY FIRE ON A PROPERTY USED AS A
PRIMARY RESIDENCE; AND FINDING THE ACTION TO BE EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. The 2018 Woolsey Fire destroyed at least 488 single-family homes in Malibu.

B. In the public interest of encouraging the rebuilding of homes in the City that were lost in the Woolsey Fire, the City desires to waive certain planning and building permit fees related to therebuilding structures that were damaged or destroyed by the Woolsey Fire.

C. The waiving of fees will only be applicable to owners of properties that are being rebuilt as a like-for-like or like-for-like plus 10% rebuild and were used as a primary residence bysuch owners as of November 8, 2018.

D. Property owners requesting a waiver of fees must demonstrate primary residency with an active voter registration, a valid driver’s license or other government-issued identification cardwith the address of the property that was destroyed by the Woolsey Fire acceptable to the City Manager and file an affidavit with the City on the form specified by the City Manager.

E. Building permits eligible for fee waiver shall include grading, foundation, building,plumbing, mechanical, electrical and Onsite Wastewater Treatment System (OWTS) permits.

F. The City cannot waive permit fees required by other agencies including, but not limited to, the County of Los Angeles and the State of California.

G. On June 24, 2019, the City Council adopted Resolution No. 19-30 authorizing the waiving of fees from November 8, 2018 through June 30, 2020.

H. On February 24, 2020, the City Council adopted Resolution No. 20-10 authorizingthe waiving of certain fees from November 8, 2018 through December 30, 2020.

I. On June 22, 2020, the City Council adopted Resolution No. 20-32 authorizing the waiving of certain fees from November 8, 2018 through June 30, 2021.

Attachment 3
Resolution No. 23-40

J. On March 22, 2021, the City Council adopted Resolution No. 21-10 authorizing the waiving of certain fees from November 8, 2018 through June 30, 2022.

K. On November 8, 2021, the City Council adopted Resolution No. 21-62, authorizing the waiving of certain fees from November 8, 2018 through December 30, 2023.

L. On September 11, 2023, the City Council directed staff to modify and replace Resolution No. 21-62, extending the deadlines by three years, from November 8, 2018 through December 30, 2026, to coincide with Assembly Bill 1500, which amends the Revenue and Taxation Code (RTC) section 70.5 to allow property owners an additional three years to reconstruct improvements on the property substantially damaged or destroyed by the 2018 Woolsey Fire and the 2018 Camp Fire.

M. The City Council now desires to modify and replace Resolution No. 2 1-62 as herein described.

SECTION 2. Action
The recitals above are adopted and, based thereon, the City Council directs the City Manager to waive the necessary planning and building permit fees for projects rebuilding a likefor-like or like-for like plus 10% structures that were damaged or destroyed by the Woolsey Fire where the property owner demonstrates to the satisfaction of the City Manager that the property was used as the primary residence by the property owner on November 8, 2018, subject to the following requirements and limitations:
(1) an application for waiver is received by June 30, 2026. (2) all required Planning Department applications for the project are deemed complete byJune 30, 2026.
(3) all required building permits are pulled by December 30, 2026 (fees will have to be paid for any building permit pulled after December 30, 2026, before it will be issued. (4) all fees associated with post-approval revisions to the project’s Planning Department approval or building permit issuance will be charged in accordance the City’s Adopted FeeSchedule.6.
(5) fee waivers are not transferable. If a waiver is obtained, a Certificate of Occupancy will only be issued to the property owner who filed the affidavit establishing primary residence atthe time of the Woolsey Fire with the City. All fees that were waived must be paid to the City before a Certificate of Occupancy will be issued to an owner other than the one listed on the fee waiver.

This resolution supersedes and replaces Resolution 2 1-62.

SECTION 3. Environmental Review.

Resolution No. 23-40

The Council finds that the adoption and implementation of this resolution is exempt from the provisions ofthe California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment, section 15064(e) which exempts purely economic regulations, and Public Resources Code Section 21 080(b)(4) regarding actions to mitigate or prevent an emergency.

SECTION 4. The City Clerk shall certify to the passage and adoption ofthis resolution and enter it into the book of original resolutions.

PASSED, APPROVED, and ADOPTED this 25th day of Sept- ber 2’ ATTEST:

KELSE
(seal)
:~ /
T IJOBN, City C:

APPROVED
I
HRING, Mayo
I ~
SN, ity Attorney
Resolution No. 23-40

I CERTIFY THAT THE FOREGOING RESOLUTION NO. 23-40 was passed and adopted by the City Council of the City of Malibu at the Regular meeting thereof held on the 11th day of September 2023 by the following vote:

AYES: 5 Councilmembers: Grisanti, Riggins, Stewart, Ubring, Silverstein NOES: 0
ABSTAiN: 0
ABSENT: 0
~
(seal)

Agenda Item # 7.B.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Alexis Brown, Acting Assistant City Manager Approved by: Joseph D. Toney, Acting City Manager
Date prepared: April 11, 2025 Meeting date: April 14, 2025 Subject: Consideration and Direction Regarding Business Assistance Efforts Post Palisades Fire
RECOMMENDED ACTION: 1) Receive a Presentation on Business Impact Survey results conducted in response to Palisades Fire and related disruptions; 2) Provide Direction on establishment of City of Malibu Small Business Micro Grant Assistance Program; 3) Provide directions on implementing a business promotion campaign to reaffirm that Malibu Businesses are open and accessible; and 4) Provide Direction on whether to implement or pause 2025 Minimum Wage Increase in Malibu.

FISCAL IMPACT: Funding for these services was not included in the Adopted Budget for FY 2024-25. It is staff’s recommendation, pending Council’s direction, to assign items for further review to the Administration and Finance Subcommittee.

STRATEGIC PRIORITY: This item was not included in the Adopted FY 2024-25 Strategic Priority Project List, but this has been prioritized due to the declared emergency.

BACKGROUND: In response to the significant economic hardship experienced by Malibu’s business community following the Palisades Fire, winter storm events, and prolonged Pacific Coast Highway (PCH) closures, the City Council directed staff to return with options to support local businesses as part of the City’s broader disaster recovery strategy. This agenda item has been prepared in response to that direction and presents a series of potential actions for Council consideration.

To better assess the scope of these challenges, the City conducted the Malibu Business Pulse: Strong Business, Stronger Malibu survey from March 28 through April 8, 2025.

The survey included questions related to business tenure, ownership structure, location City Council Meeting
04-14-25
Item

7.B.
1

Agenda Item # 7.B.
status, employee and revenue loss, SBA loan participation, and desired forms of assistance. The City received 100 responses out of 143 active business licenses, yielding a response rate of nearly 70%, a strong signal of urgency and community engagement. In tandem with survey outreach, the City has taken part in a series of local and regional recovery coordination efforts.

DISCUSSION:

1. Business Impact Survey – This section provides a summary of survey responses collected from March 28 to April 8, 2025. With a nearly 70% response rate, the survey captured key insights about business recovery, including:
• 42% of businesses reported a loss of more than 75% of their profits; • 51% of businesses reduced hours due to PCH closure;
• 84% of respondents now employ fewer than 10 people, compared to 76% before the fire;
Top needs include immediate stabilization grants, marketing support, and rent-related relief. A summary of the survey results are attached to this report.

2. Micro Stabilization Grant Program (MSGP) – Council Direction on Establishment Based on survey data and staff analysis, a City of Malibu Small Business Micro Stabilization Grant Program is proposed. The program would offer $5,000 to $20,000 grants to eligible Malibu-based businesses significantly impacted by disaster-related disruptions.

A consideration for the Council in establishing an MSGP, is leveraging Community Development Block Grant (CDBG) Capital Funds to fund the program. A drawdown of up to three years of CDBG allocations (approximately $150,000), matched by local funds, would result in a $300,000 initial grant pool.

If the Council chooses to fully fund the program using City resources and not utilize CDBG funds, staff recommends using the City's existing General Fund grant program framework to administer the Micro Stabilization Grants, providing a streamlined and familiar process for applicants.

3. Business Promotion Campaign – This section proposes a business promotion campaign to reinforce that Malibu businesses are open and accessible. Staff recommends:
• Branded signage and outreach materials;
• Social media and digital campaigns;
2

Agenda Item # 7.B.
• Event tie-ins and Pali-Bu Chamber collaboration.
• Paid Promotions and/or Public Service Announcements with LA County Convention & Visitors Bureau
The campaign, tentatively titled "Malibu Is Open," would mirror recent post-disaster tourism recovery efforts such as those seen in Maui, where coordinated messaging helped rebuild public confidence and welcome visitors back following major wildfires.

This responds to survey results, where city-supported marketing was among the highestranked recovery needs.

4. 2025 Minimum Wage Adjustment – Malibu’s local minimum wage ordinance established Malibu Municipal Code (MMC) Chapter 5.36 includes an annual CPI-based adjustment. MMC Chapter 5.36 has a stated purpose of avoiding wage discrepancies between Malibu and neighboring jurisdictions, keeping Malibu competitive in the job market, helping to ensure that workers in Malibu are paid adequate living wages, and preventing workers from leaving Malibu for higher paying jobs. The ordinance further notes that maintaining a stable workforce helps reduce traffic on local streets and Pacific Coast Highway
For 2025, the minimum wage is scheduled to increase to $17.80/hour on July 1. In light of continuing economic challenges, Council may wish to consider temporarily pausing the CPI increase.

ATTACHMENTS:

A. Malibu Business Pulse Survey (Summary) Results
B. Current City of Malibu General Fund Grant Application C. CDBG Revolving Grant Fund Guidelines
D. MMC 5.36 Minimum Wage

3 Constant Contact Survey Results
Campaign Name: Business Survey
Survey Starts: 657
Survey Submits: 102
Export Date: 04/09/2025 04:55 PM

OPEN QUESTION

MULTIPLE CHOICE
Business Tenure in Malibu
Answer Choice 0% 100%
Number of
Responses
Responses
Ratio
Less than 1 year 7 6%
1-5 years 26 25%
6-10 years 15 14%
10+ years 54 52%
Total Responses 102 100%

MULTIPLE CHOICE
Business Ownership
Answer Choice 0% 100%
Number of
Responses
Responses
Ratio
Sole Proprietorship 48 47%
Partnership 11 10%
Corporation 38 37%
Non-Profit 5 4%
Total Responses 102 100%

ATTACHMENT A
4 MULTIPLE CHOICE
Are you a Malibu resident?
Answer Choice 0% 100%
Number of
Responses
Responses
Ratio
Yes 57 55%
No 45 44%
Total Responses 102 100%

MULTIPLE CHOICE
What type of business do/did you operate?
Answer Choice 0% 100%
Number of
Responses
Responses
Ratio
Architecture and Design 4 3%
Attorney or Legal Services 1 0%
Arts, Culture, and
Entertainment 6 5%
Construction 4 3%
Cosmetology (hairstylists,
estheticians) 1 0%
Education or Childcare 1 0%
Financial services 3 2%
Food and Beverage
(restaurants, cafes, food
trucks) 15 14%
Government and Public
Services/Administration 0 0%
Healthcare & Social
Assistance (medical doctors
and home health aides) 4 3%
Marketing and Advertising 2 1%
Non-Profit Organization 6 5%
Real Estate and Property
Management 6 5%
Retail Trade (including local
shops and markets) 17 16%
Technology 2 1%
Tourism and Hospitality 5 4%
Wellness (fitness, yoga) 6 5%
Other 19 18%
Total Responses 102 100%

5 MULTIPLE CHOICE
Has your business location changed since the fire?
Answer Choice 0% 100%
Number of
Responses
Responses
Ratio
No, my business location
has not changed 84 73%
Yes, my business location
has changed 21 18%
I do not currently have a
location/physical space for
my business 9 7%
Total Responses 114 100%

MULTIPLE CHOICE
For those who selected their business location has changed, please select the reason for the change.

Answer Choice 0% 100%
Number of
Responses
Responses
Ratio
Building destroyed in the fire 14 40%
Building damaged in the fire
(pending repairs) 2 5%
Issues with lease 2 5%
Moved/relocation 2 5%
Other 15 42%
Total Responses 35 100%

MULTIPLE CHOICE
If your business is in the burn area, are you interested in moving your business to Central or Western Malibu?
Answer Choice 0% 100%
Number of
Responses
Responses
Ratio
Business is not located in
the burn area 47 46%
Not interested in moving 43 42%
Interested in moving to
Central Malibu 6 5%
Interested in moving to
Western Malibu 5 4%
Interested in moving outside
of Malibu 1 0%
Total Responses 102 100%

6 MULTIPLE CHOICE
How have your business plans been affected by the Franklin and Palisades fires? Answer Choice 0% 100%
Number of
Responses
Responses
Ratio
Still reviewing options/have
not decided yet 34 33%
Significantly reduced, but
plan to rebuild in Malibu 30 29%
Will remain the same or
relatively steady to previous
years 28 27%
Will expand locations and/or
services to grow 8 7%
No plans to reopen business
in Malibu 2 1%
No plans to reopen business
in general 0 0%
Total Responses 102 100%

NUMERIC SCALE
On a scale of 1 to 5 overall, how would you rate the financial ‘health’ of your business? Answer Choice 0% 100%
Number of
Responses
Responses
Ratio
1 (Doing great, feeling great
) 8 7%
2 11 9%
3 18 15%
4 28 24%
5 (Critical, on life support ) 49 42%
Mean 3.87
Median 4.00
Total Responses 114 100%

MULTIPLE CHOICE
Has your business applied for a Small Business Assistance (SBA) Loan through FEMA? Answer Choice 0% 100%
Number of
Responses
Responses
Ratio
Yes, Approved 13 12%
Yes, Pending 26 25%
Yes, Denied/Don’t Qualify 9 8%
No, not yet 16 15%
No, no plans of applying 38 37%
Total Responses 102 100%

7 MULTIPLE CHOICE
Have your business hours changed due to the closure of Pacific Coast Highway? Answer Choice 0% 100%
Number of
Responses
Responses
Ratio
Yes, reduced hours 53 51%
No change 35 34%
Not operating at this time 14 13%
Total Responses 102 100%

MULTIPLE CHOICE
How many employees did your business have pre-Franklin and Palisades fires? Answer Choice 0% 100%
Number of
Responses
Responses
Ratio
Less than 10 78 76%
10-25 8 7%
25-50 9 8%
50+ 7 6%
Total Responses 102 100%

MULTIPLE CHOICE
How many employees does your business have now?
Answer Choice 0% 100%
Number of
Responses
Responses
Ratio
Less than 10 86 84%
10-25 7 6%
25-50 5 4%
50+ 4 3%
Total Responses 102 100%

MULTIPLE CHOICE
How has your employee base been impacted?
Answer Choice 0% 100%
Number of
Responses
Responses
Ratio
Improved/Expanded – We
have a large base of
employees to choose from 1 0%
Significant- Nearly half of my
employees are no longer
here or available to work 30 29%
No changes – Was able to
reopen and function as
before 42 41%
Devastated – Not able to
rehire at this time 29 28%
Total Responses 102 100%

8 MULTIPLE CHOICE
As of today, how much of your business’ profits have been impacted by the December Franklin Fire and January Palisades Fire?
Answer Choice 0% 100%
Number of
Responses
Responses
Ratio
Not affected 7 6%
Less than 25% 8 7%
25-50% 20 19%
51-75% 21 20%
More than 75% 43 42%
Don’t know/not applicable 3 2%
Total Responses 102 100%

9 RANK ORDER
What type of assistance do you need to help your business recover? (Your type of assistance with the most need should be rated as 1)
Answer
Choice
Average
Rank
Ranked
1 Ranked
2 Ranked
3 Ranked
4 Ranked
5 Ranked
6 Ranked
7 Ranked
8 Ranked
9 Ranked
10 Moratoriu
m on
Evictions 5.25 22 (19%) 8 (7%) 10 (8%) 11 (9%) 9 (7%) 8 (7%) 10 (8%) 12 (10%) 12 (10%) 12 (10%) Moratoriu
m on
Rent
Increases 5.06 8 (7%) 11 (9%) 12 (10%) 26 (22%) 14 (12%) 8 (7%) 9 (7%) 10 (8%) 14 (12%) 2 (1%) Immediat
e
Business
Stabilizati
on Grants
(Rebuildi
ng,
Employe
e
Retention
Grants) 3.23 28 (24%) 37 (32%) 13 (11%) 7 (6%) 10 (8%) 3 (2%) 4 (3%) 7 (6%) 3 (2%) 2 (1%) Insurance
Claim
Assistanc
e 6.17 3 (2%) 4 (3%) 7 (6%) 3 (2%) 15 (13%) 39 (34%) 16 (14%) 11 (9%) 10 (8%) 6 (5%) Intermedi
ate or
LongTerm
Recovery
Grants 3.12 24 (21%) 26 (22%) 24 (21%) 21 (18%) 6 (5%) 6 (5%) 3 (2%) 1 (0%) 1 (0%) 2 (1%) CitySupporte
d
Marketing
and
Events to
Promote
Malibu
Business
es 4.18 12 (10%) 12 (10%) 23 (20%) 17 (14%) 27 (23%) 8 (7%) 6 (5%) 4 (3%) 3 (2%) 2 (1%) Assistanc
e with
Permit
Processin
g 6.47 4 (3%) 6 (5%) 4 (3%) 11 (9%) 10 (8%) 11 (9%) 17 (14%) 35 (30%) 9 (7%) 7 (6%) Small
Business
Administr
ation
(SBA)
Loan
Applicatio
n Support 6.39 2 (1%) 3 (2%) 11 (9%) 12 (10%) 15 (13%) 11 (9%) 14 (12%) 17 (14%) 26 (22%) 3 (2%) Technical
Assistanc
e for
Rebuilds 7.69 1 (0%) 4 (3%) 5 (4%) 5 (4%) 5 (4%) 6 (5%) 17 (14%) 15 (13%) 27 (23%) 29 (25%) Other 7.43 10 (8%) 3 (2%) 5 (4%) 1 (0%) 3 (2%) 14 (12%) 18 (15%) 2 (1%) 9 (7%) 49 (42%) Total
Respons
es 114

10 MULTIPLE CHOICE
How did you hear about this survey?
Answer Choice 0% 100%
Number of
Responses
Responses
Ratio
Flyer 11 10%
Social media 29 28%
Word of mouth 15 14%
Other 47 46%
Total Responses 102 100%

OPEN QUESTION
We are actively looking for creative solutions to assist our community during these difficult times. Please let us know if you have any additional ideas. We welcome your feedback! Open PCH asap please
Help with getting long term lease reduction.

Some kind of transportation like a special bus line to and from the west side, Santa Monica area to Malibu where people can be transported to our area for a day of shopping along the PCH corridor that is now closed. Any version of this as the largest percentage of our shoppers are not able to get to us and most of them are not willing to make the extra 50 mile trip to go all the way around especially on weekdays when these freeways are now extra crowded. On weekdays we are a ghost town. 72 Response(s)

11 1

GENERAL FUND

GRANT APPLICATION

FISCAL YEAR
2025-2026
Parker Davis
Administrative Services
(310) 456-2489 ext. 287
[email protected]
12 ATTACHMENT B
2 GENERAL FUND GRANT PROGRAM
The General Fund Grant program provides funding to non-profit organizations located within the City of Malibu benefiting residents of the community. To be considered for funding, a complete application must be submitted.

REQUIRED DOCUMENTATION:

The following information is required of all applicants:
• Application including narrative and budget
• Most recent financial statement for latest year (audited or compilation) • Current Board of Directors list
• Organizational Chart (a diagram that shows the structure of the organization) • Brochure, flyer or other promotional material(s)
• Verification and documentation of Internal Revenue Service nonprofit status under Title 26, Section 501 (c)(3) of the Federal Code
• Articles of Incorporation and Bylaws
REVIEW PROCESS:

Applications will be reviewed by the Administration and Finance Subcommittee of the City Council in May, with City Council approval scheduled in conjunction with the budget adoption in June. Grantfunding will be released in July.

Applications not in compliance with City of Malibu General Fund Grant guidelines are not eligible for consideration.

APPLICATION DEADLINE AND DELIVERY INFORMATION:

Original applications and all supporting materials must be received by 5:30 PM on Wednesday, April 30, 2025. Applications may be mailed or delivered to:

Parker Davis
City of Malibu
Administrative Services Department
23825 Stuart Ranch Road
Malibu, CA 90265
Applications may also be emailed to: [email protected] The City of Malibu does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in the provision of services and programs. 13 3

CITY OF MALIBU

GENERAL FUND GRANT PROGRAM
Fiscal Year 2025-2026 (July 1, 2025 – June 30, 2026)

GRANT APPLICATION
NAME OF ORGANIZATION:

CONTACT:

ADDRESS:

TELEPHONE: PHONE 2:

EMAIL ADDRESS:

Name/Title of Project:

Amount Requested:

PROJECT ABSTRACT (Limit statement to space provided):

Have you previously applied for the General Fund Grant program? (Yes) (No) Have you previously received grant funds from the City of Malibu? (Yes) (No) If yes, did you receive or apply for a grant under another organization name? (Yes) (No)
If yes, please provide your other organization name
Year(s) Received: Amount:

CERTIFICATION
I certify that the information contained in this grant application is true and correct to the best of my knowledge and belief, and that I have the authority to apply for the funds requested on behalf of the organization named above:

Signature/Title Date
14 4

CITY OF MALIBU

GENERAL FUND GRANT PROGRAM
Fiscal Year 2025-2026 (July 1, 2025 – June 30, 2026)

NARRATIVE
Please describe your organization, including organizational structure and geographical location.

Identify in measurable terms the desired outcomes, benefits of the project, and specific needs that your project is designed to meet. Discuss how your project will be administered, describing the mechanism and time frame that your agency will use to monitor the project’s progress and evaluation of its effectiveness. If your organization received a grant from the City of Malibu in the previous fiscal year, describe how those funds were used.
15 5

CITY OF MALIBU

GENERAL FUND GRANT PROGRAM
Fiscal Year 2024-2025 (July 1, 2024 – June 30, 2025)

ORGANIZATION BUDGET
Projected Budget
Budget FY-2025 FY-2026
(7/1/24– 6/30/25) (7/1/25 – 6/30/26)
REVENUES:

City of Malibu Grant Request
Fees for Services
Fund Raising/Donations
Other

TOTAL REVENUES
EXPENSES:

Salary and Benefits
Operating Costs
Capital Outlay

TOTAL EXPENSES

TOTAL ORGANIZATIONAL
BUDGET
All amounts should be rounded to the nearest dollar
16

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)

REVOLVING GRANT FUND GUIDELINES

1.0 PURPOSE
The purpose of the Community Development Block Grant (“CDBG”) Revolving Grant Fund (“Revolving Grant Fund”) is to allow participating cities in good standing the opportunity to request an advance of their CDBG funds to implement and complete their eligible CDBG project(s) (“Advanced CDBG Grant Funds”). The Advanced CDBG Grant Funds will be repaid to the Revolving Grant Fund by recipient cities through their future annual CDBG allocations.

The Revolving Grant Fund, administered by the Los Angeles County Development Authority (“LACDA”), also allows participating cities that may not have projects for the upcoming fiscal year to transfer their CDBG funds (“Transferred CDBG Funds”) and allow other cities that have a need to access the funds.

2.0 EFFECTIVE DATE
These guidelines are effective December 1, 2024.

3.0 FUNDING
Funding for the Revolving Grant Fund is provided by the United States of America’s Department of Housing and Urban Development (“HUD”) CDBG funds. The Revolving Grant Fund is replenished with funds recaptured or transferred from participating cities.

4.0 NOTIFICATIONS AND QUESTIONS
The participating city (“City”) shall contact their LACDA Contract Manager for notifications and questions regarding any and all transactions involving the Revolving Grant Fund.

5.0 TRANSFER OF UNALLOCATED CDBG CITY FUNDS TO THE REVOLVING

GRANT FUND

1. A City must provide a copy of its public notice and city council action approving the transfer.

2. A City is to notify its LACDA Contract Manager of the amount of unallocated CDBG City funds to be transferred to the Revolving Grant Fund by submitting the Transfer of Unallocated CDBG City Funds to the Revolving Grant Fund Application (“Transfer Application”) (refer to Attachment I).

3. Once the Transfer Application is approved, a Reimbursable Contract Amendment for the Community Development Block Grant Program between the County of Los Angeles with a Participating City (“Reimbursable Contract Amendment”) will be prepared and executed to implement the 17 ATTACHMENT C

transfer of the unallocated CDBG City funds to the Revolving Grant Fund (“Transferring City”).

4. Approval from the Los Angeles County Board of Supervisors will be required for transfers exceeding $200,000.

5. A City acknowledges that the funds in the Revolving Grant Fund will be utilized by cities that requested an advance of their CDBG funds for eligible CDBG projects, on a first-come, first-served basis.

6. A Transferring City must wait at least one (1) fiscal year before requesting a return of its Transferred CDBG Funds. If the CDBG Program is terminated, these CDBG funds may not be returned to the Transferring City.

7. A Transferring City may retain its Transferred CDBG Funds in the Revolving Grant Fund for a maximum of three (3) fiscal years. If a Transferring City fails to submit a Request for the Return of the City’s Transferred CDBG Funds from the Revolving Grant Fund (“Return Application”)(refer to Attachment II) by the end of the third fiscal year, the CDBG funds will be returned to the Transferring City without further notice by the LACDA (“Returned CDBG Funds”). The City shall work with its Contract Manager to allocate/program its Returned CDBG Funds for the new fiscal year.

6.0 CRITERIA TO REQUEST ADVANCE IN CDBG FUNDS
A City may apply to receive an advance of its CDBG funds from the Revolving Grant Fund under the following conditions:

1. Preference will be given to cities that have demonstrated good performance in expending funds and in administering their CDBG Program. A City shall have met its drawdown requirement for at least the last two (2) consecutive fiscal years, exclusive of transfers to the Revolving Grant Fund to meet its drawdown.

2. A City may request an advance of its CDBG funds up to twice its annual allocation or a minimum of $25,000, whichever is greater.

3. Advance in CDBG funds exceeding $200,000 will require approval from the Board of Supervisors.

4. No interest will be charged on Advanced CDBG Grant Funds.

5. Eligible projects include, but are not limited to, the following: construction, rehabilitation (loans or grants), code enforcement, and special economic development (loans or grants) activities. Advanced CDBG Grant Funds are not available for public service or planning projects due to the regulatory limits.
18

6. The Advance Request from the CDBG Revolving Grant Fund Application (“Advance Application”) (refer to Attachment III) consists of the following:
• limited to two (2) pages and will be reviewed on a first-come, firstserved basis; • explanation on how the project would benefit from the requested additional funds (e.g. reduced waiting list, the addition of a project component, etc.); and if the additional CDBG funds will cause a change in eligibility/national objective, change in scope of work, beneficiaries, etc. to an existing project?
• project completion shall not exceed three (3) fiscal years; • a quarterly expenditure and milestone plan must accompany the Advance Application for a new project;
• a City may submit Advance Applications for more than one (1) project, subject to review on a case-by-case basis and ability to repay the requested CDBG funds within three (3) fiscal years;

7. A City may request a second advance of its CDBG funds subject to review on a case-by-case basis and ability to repay the additional CDBG funds within three (3) fiscal years.

7.0 REVOLVING GRANT FUND APPLICATION PROCESSING

1. The Advance Application should be submitted via email to the City’s assigned LACDA Contract Manager.

2. Once the Advance Application is received, it will be reviewed by the CDDGrants Management Unit with input from the City’s Contract Manager. The City will be notified within 30 days of the acceptance/rejection of its Advance Application.

3. Advance Applications will be considered on an open-cycle basis until the Revolving Grant Fund is exhausted. Cities will be notified when the Revolving Grant Fund is replenished.

8.0 REVOLVING GRANT FUND IMPLEMENTATION
Once the Advance Application is approved, the City will be notified by e-mail. The following steps will be required:

1. A Reimbursable Contract Amendment will be prepared for approval by the City and the LACDA.
19

2. After the Reimbursable Contract Amendment is fully executed, the advance in CDBG funds will be transferred from the Revolving Grant Fund pool to the City’s funding pool (Advanced CDBG Grant Funds).

3. The Advanced CDBG Grant Funds will be included in the City’s drawdown requirement calculation.

9.0 REPAYMENT

1. A City that requests an advance from the Revolving Grant Fund may pledge its entire future CDBG allocation towards repayment. A City must repay the Advanced CDBG Grant Funds within a maximum of three (3) fiscal years. A City may choose to use the remaining CDBG funds from closed projects towards the repayment of the Advanced CDBG Grant Funds.

2. The following paragraphs will be added to the Reimbursable Contract Amendment:
“Upon execution of this Amendment, the Operating Agency shall receive the requested advance in CDBG grant funds in the amount of [Dollar Amount Advanced] from the Revolving Grant Fund (“Advanced CDBG Grant Funds”).

The Operating Agency acknowledges and agrees that it may choose to use its entire future CDBG allocation towards the repayment of the Advanced CDBG Grant Funds. If the Operating Agency’s annual allocation is less than the Advanced CDBG Grant Funds, the Operating Agency acknowledges and agrees to use its subsequent years of CDBG allocation to fully repay within three (3) fiscal years.”

3. The City must remain part of the Los Angeles Urban County Program until the Advanced CDBG Grant Funds are repaid in full.

4. If the CDBG Program is terminated, any outstanding Advanced CDBG Grant Funds will be forgiven.
20 ATTACHMENT I-A

LOS ANGELES COUNTY DEVELOPMENT AUTHORITY

INSTRUCTIONS

TRANSFER OF UNALLOCATED CDBG CITY FUNDS

TO THE REVOLVING GRANT FUND

1. The Revolving Grant Fund allows a participating City that may not have projects for the upcoming program year to transfer its CDBG funds temporarily and allow other cities that have a need to access the funds.

2. A City may submit a Transfer of Unallocated CDBG City Funds to the Revolving Grant Fund Application (“Transfer Application”) to its LACDA Contract Manager.

3. A City’s unallocated CDBG funds to be transferred (“Transferred CDBG Funds”) to the Revolving Grant Fund must be for at least one (1) fiscal year.

4. If the CDBG Program is terminated, the Transferred CDBG Funds may not be returned to the Transferring City.

5. A Transferring City may retain its Transferred CDBG Funds in the Revolving Grant Fund for a maximum of three (3) fiscal years. If a Transferring City fails to submit a Request for the Return of the City’s Transferred CDBG Funds from the Revolving Grant Fund (“Return Application”) by the end of the third fiscal year, the CDBG funds will be returned to the Transferring City without further notice by the LACDA (“Return CDBG Funds”). The City shall work with its Contract Manager to allocate/program its Return CDBG Funds for the new fiscal year. 21 ATTACHMENT I-B

TRANSFER OF UNALLOCATED CDBG CITY FUNDS
TO THE REVOLVING GRANT FUND APPLICATION (“TRANSFER APPLICATION”) Name of City: _________________________________________________________ Amount of Unallocated CDBG City Funds to Transfer: $ _________________________ The City acknowledges and agrees to the following:

1. The requested amount of unallocated CDBG City funds to be transferred to the Revolving Grant Fund shall be for at least one (1) fiscal year.

2. If the CDBG Program is terminated, these CDBG funds may not be returned to the Transferring City.

3. The Revolving Grant Fund will be utilized by cities that request an advance in their CDBG funds for eligible CDBG projects, on a first-come, first-served basis.

4. The City may only retain its Transferred CDBG Funds in the Revolving Grant Fund for a maximum of three (3) fiscal years. If a Transferring City fails to submit a Request for the Return of the City’s Transferred CDBG Funds from the Revolving Grant Fund (“Return Application”) by the end of the third fiscal year, the CDBG funds will be returned to the Transferring City without further notice by the LACDA (“Return CDBG Funds”). The City shall work with its Contract Manager to allocate/program its Return CDBG Funds for the new fiscal year.

For further policies and procedures of the Revolving Grant Fund, please refer to the GMU Bulletin No. 24-XXXX, Reissuance of the Community Development Block Grant Revolving Grant Fund Guidelines.
_____________________________________ _______________________

NAME OF AUTHORIZED OFFICIAL (PRINT) TITLE
_____________________________________ _______________________

SIGNATURE OF AUTHORIZED OFFICIAL DATE
22 ATTACHMENT II
RETURN OF THE CITY’S UNALLOCATED CITY FUNDS
FROM THE REVOLVING GRANT FUND APPLICATION (“RETURN APPLICATION”) Name of City: _____________________________________________________________ Amount of CDBG City Funds to Return: $ _______________________________________ The City acknowledges and agrees to the following:

1. The requested amount of CDBG City funds to be returned to the City shall be programmed into projects for the new fiscal year.

2. The City shall work with its Contract Manager to allocate/program its Return CDBG Funds for the new fiscal year.

For further policies and procedures of the Revolving Grant Fund, please refer to the GMU Bulletin No. 24-XXXX, Reissuance of the Community Development Block Grant Revolving Grant Fund Guidelines.
____________________________________ ________________________

NAME OF AUTHORIZED OFFICIAL (PRINT) TITLE
____________________________________ ________________________

SIGNATURE OF AUTHORIZED OFFICIAL DATE
23 ATTACHMENT III-A

LOS ANGELES COUNTY DEVELOPMENT AUTHORITY

INSTRUCTIONS

ADVANCE REQUEST FROM THE CDBG REVOLVING GRANT FUND

1. The Advance Request from the CDBG Revolving Grant Fund Application (“Advance Application”) will be limited to two (2) pages and will be reviewed on a first-come, firstserved basis.

2. A City may submit Advance Applications for more than one (1) project, subject to review on a case-by-case basis and ability to repay the requested CDBG funds within three (3) fiscal years.

3. Eligible projects include, but are not limited to, the following: construction, rehabilitation (loans or grants), code enforcement, and special economic development (loans or grants) activities. Advanced CDBG Grant Funds are not available for public service or planning projects that are subject to the regulatory limits.

4. The Advance Application should explain: 1) how the project would benefit from the requested additional funds (e.g. reduced waiting list, the addition of a project component, etc.), and 2) if the additional CDBG funds will cause a change to an existing project: eligibility/national objective, change in scope of work, beneficiaries, etc.?

5. Project completion should not exceed three (3) fiscal years.

6. If the Advanced CDBG Grant Funds will be used for a new project, a quarterly expenditure and milestone plan must accompany the Advance Application. 24 ATTACHMENT III-B

ADVANCE REQUEST FROM THE CDBG REVOLVING GRANT FUND APPLICATION (“ADVANCE APPLICATION”)
Name of City: _____________________________________________________________ For further policies and procedures of the Revolving Grant Fund, please refer to the GMU Bulletin No. 24-0021, Reissuance of the Community Development Block Grant Revolving Grant Fund Guidelines. ___________________________________________ ________________________________

NAME OF AUTHORIZED OFFICIAL (PRINT) TITLE
___________________________________________ ________________________________

SIGNATURE OF AUTHORIZED OFFICIAL DATE
Existing Project
Project No:

Project Title:

Current Budget: $
Amount Requested: $
New Project
Project HUD Code/Eligibility:

Project Title:

Amount Requested: $
See attached Quarterly Expenditure and Milestone Plan ☐ Repayment of Advanced CDBG Grant Funds
Please identify projected annual repayment of Advanced CDBG Grant Funds.

Fiscal Year 202___: $
Fiscal Year 202___: $
Fiscal Year 202___: $
TOTAL AMOUNT: $
Use of Additional CDBG Funds
Describe how the use of additional CDBG funds would benefit an existing or new project, such as a reduced waiting list or the addition of a project component, etc. This application is limited to two (2) pages.

Do the additional CDBG funds cause a change to an existing project: eligibility/national objective, change in scope of work, beneficiaries, etc.?
If yes, explain:
25 
 



  





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28

Agenda Item # 7.C.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Kellan Martz, Assistant City Attorney
Reviewed by: Trevor Rusin, Interim City Attorney
Yolanda Bundy, Environmental Sustainability Director
Approved by: Joseph D. Toney, Acting City Manager
Date prepared: April 11, 2025 Meeting date: April 14, 2025 Subject: Options for Addressing Debris Hazards on Properties Significantly Damaged or Destroyed by the Palisades Fire
RECOMMENDED ACTION: Receive and file report and provide direction to staff regarding the City's preferred approach to addressing unresponsive owners of properties that contain structures that were substantially damaged or destroyed by the Palisades Fire.

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

Staff may return to the City Council for authorization of costs in the event the Council authorizes certain actions which may have significant costs.

STRATEGIC PRIORITY: This item was not included in the Adopted FY 2024-25 Strategic Priority Project List, but this has been prioritized due to the declared emergency.

DISCUSSION: On January 7, 2025, a wildfire broke out in Pacific Palisades and rapidly spread westward, fueled by historic Santa Ana wind conditions and widespread power outages. The fire caused extensive destruction across multiple jurisdictions, including the City of Malibu.

With immediate threats contained, the City is now shifting focus toward recovery, remediation, and rebuilding. A particularly urgent issue involves the numerous properties that contain structures that were substantially damaged or destroyed by the Palisades Fire—primarily along the coast—where property owners have not responded to cleanup City Council Meeting
04-14-25
Item

7.C.

Agenda Item # 7.C.
requests, for a number of reasons. These unresponsive properties now pose significant public safety, environmental, and legal challenges.

The most critical threat comes from beachfront parcels that relied on Onsite Wastewater Treatment Systems (OWTS), commonly referred to as septic. Many of these systems were damaged or destroyed in the fire and some may now actively be leaking raw sewage onto the sand and into the ocean. Hazardous materials and fire debris also continue to be pulled into the Pacific Ocean by wave action, impacting water quality and threatening marine ecosystems across the Los Angeles County coastline. The destruction of shoreline protection and sea walls has further exposed Pacific Coast Highway to erosion, threatening this vital transportation corridor.

While beachfront parcels present the most severe and visible risks, numerous inland parcels also remain unremediated and present potential environmental, safety, structural, or health hazards. In many cases, the City or other governmental agencies have attempted to contact owners of these sites but have received no response or remediation plan.

Impacted residents have until April 15, 2025, to submit a Right of Entry form to opt-in or opt-out of the government-run debris removal program.

This report identifies legal mechanisms available to the City to address these properties, including nuisance abatement proceedings, summary abatement in severe situations, and condemnation processes under applicable building codes.

This report outlines potential legal tools available to the City and opportunities to partner with outside agencies:

1. Standard Nuisance Abatement Proceedings

2. Summary Nuisance Abatement Proceedings

3. Notice of Unsafe Building Procedures

4. Potential Cooperation with Los Angeles County

5. Potential Cooperation with State and Federal authorities For the first three tools above, the City would pursue cleanup of these properties if approved to do so by a court or by way of other legal procedures. In the event the City takes on these cleanup tasks, the report details the rough, estimated costs. Those costs may be borne by the City, in certain situations. The below procedures may also require court action in some circumstances.

Standard Nuisance Abatement
Under Chapter 8.28 of the City's Municipal Code, the City may declare a property a public nuisance and require the owner to take corrective action to remedy hazardous or blighted

Agenda Item # 7.C.
conditions. This formal process is most suitable where the nuisance does not pose an immediate danger but affects the public at large.

The procedure includes:
• Notice to the Property Owner describing the conditions that constitute a nuisance and demanding corrective action;
• Opportunity to Voluntarily Cure the violation within a specified timeframe; • Public Hearing before the City Council if the property owner fails to comply; • Findings and Abatement Order if a nuisance is confirmed, requiring specific remediation actions;
• City-Led Abatement if the owner fails to act, with the City recovering costs via lien or special assessment.

This process complies with constitutional due process requirements and is a wellestablished legal remedy under California law (Gov. Code Section 38771; Civil Code Sections 3479–3496). A city may also seek judicial remedies, including injunctive relief, under Code of Civil Procedure Section 731 and relevant case law (City of Santa Clara v.

Paris, City of Bakersfield v. Miller).

Cost Recovery Options: If the City performs the abatement and the owner fails to pay within 10 days, the City Clerk may record a lien on the property with the County Recorder.

The property owner would have the opportunity to file a protest against the cost, which would be heard by the City Council. This lien will continue until the entire amount is paid in full with interest at the legal maximum rate (Municipal Code Section 8.28.070).

Additionally, the cost of abatement may be added to the owner's property tax bill pursuant to Section 8.28.080. If the City initiates any enforcement action or administrative proceeding, attorney's fees are also recoverable, if the City elects to seek them at the start of the case (Section 8.28.110).

While legally defensible, this process can take weeks or months to complete. It is the preferred course when urgency is low but documentation and property rights protections are critical.

Summary Nuisance Abatement
Where a property condition poses an immediate threat to public health or safety, the City may act under its summary abatement powers without providing the full hearing procedures required under standard nuisance abatement.

Authorized under Government Code Section 38773, Civil Code Section 3491, and Chapter

8.52 of the City's Municipal Code, this process allows immediate entry and remediation actions when there is a documented, urgent threat—such as:
• Structurally unstable debris;

Agenda Item # 7.C.
• Flooding or hazardous materials;
• Exposed septic systems or materials near beaches;
• Fire hazards or open utility connections;
• Threats to adjacent occupied properties.

The City must document the nature of the threat and ensure that abatement actions are narrowly tailored to address only the immediate danger. Post-action notice to the owner is required, and cities must maintain robust records and photographic documentation to defend against potential claims.

Cost Recovery Options: Costs of emergency abatements may be recovered through the same lien and tax bill procedures noted above in Section 8.28.070 and Section 8.28.080.

Attorney fees are also recoverable in administrative or court proceedings if properly elected per Section 8.28.110.

While a much quicker option, this option comes with higher litigation risk, including claims of unlawful entry, takings, or violation of due process. Courts generally uphold emergency actions taken with proper justification (City of Costa Mesa v. Soffer, 11 Cal.App.4th 378), but scrutiny is higher in the absence of a hearing. The city may also have to pay increased costs to defend this type of litigation, and there is a greater risk that the costs may not be recovered.

Notice of Unsafe Building Procedures
The City is authorized to declare buildings unsafe for occupancy under Title 15 of the Malibu Municipal Code, which adopts by reference the California Building Code and Title 33 of the Los Angeles County Code. These codes provide the authority to deem unsafe or damaged structures as uninhabitable and, where appropriate, pursue condemnation of the building.

Under Los Angeles County Building Code Section 102, the Building Official may determine a property is unsafe or dangerous to human life constituting a hazard to safety or health or the public welfare. Unsafe buildings are those structurally unsound or hazardous due to fire damage, lack of maintenance, disaster damage, or unsafe utility connections The procedure includes:
• Posting of Signs. The Building Official shall post placards reading “RESTRICTED USE” or "UNSAFE—Do Not Enter or Occupy" and may record notices of violation with the Los Angeles County Recorder;
• Notice of Unsafe Building to the Property Owner. If a building is determined unsafe, a notice must be provided to the owner describing the dangerous or unsafe conditions along with the required corrective actions (e.g., repair, demolition, or restricted access);
• Opportunity to Voluntarily Cure. The owner must be provided with the opportunity to cure the violation within a specified period of time.

Agenda Item # 7.C.
• Public Hearing. If the property owner fails to comply, a hearing may be required before the Building Board of Appeals before demolition or major repair occurs. If it is determined at the hearing that demolition or repair is necessary and the owner fails to comply, the City may proceed with the work.
• Emergency Procedure. If there is an immediate hazard to life and/or property the Building Official may make a determination, and take necessary action, such as performing the repairs or demolition, without an advance hearing. Notice to the owner must follow as soon as practicable.

Cost Recovery Options: The costs of securing or demolishing unsafe buildings under Section 102.5.1 and 102.5.2 of the Los Angeles County Code shall be recorded as a special assessment against the property and collected as part of regular County property taxes. Affected owners may request a hearing to challenge the reasonableness of the charges.

Violations of this code are also considered misdemeanors under MMC Section 15.06.040.

County Partnership Opportunity
On April 1, 2025, the Los Angeles County Board of Supervisors approved a motion authorizing County agencies to offer assistance to the City of Malibu in facilitating debris removal from coastal properties with non-responsive owners. Under this proposal, the County would act as the City’s agent in conducting abatement actions—but only after the City initiates and approves nuisance abatement procedures for each property, whether through standard or summary abatement.

While this partnership could significantly increase capacity for field operations and outreach—particularly given the County’s staffing resources—the costs of abatement would remain the responsibility of the City of Malibu. The County also committed to conducting targeted outreach efforts to identify displaced property owners and maximize participation in the PPDR program ahead of the April 15, 2025, deadline. No agreement has been executed as of the date of this report, but Council direction is requested on whether to pursue such a partnership.

It is important to note that no Memorandum of Understanding (MOU) or other agreement has been reached with the City and Los Angeles County regarding debris removal operations. Any such agreement will need careful legal and administrative review. Among other concerns, there are indemnification questions, liability exposure, or cost-sharing terms that must be clearly negotiated and approved.

State and Federal Assistance
Pursuant to the Council’s direction and letter to the Governor, the City has requested assistance from State and Federal authorities in expediting the removal of debris and the elimination of the potential hazards described above. The Governor’s Office has been receptive to the City’s requests and it is recommended that the City coordinate with his

Agenda Item # 7.C.
office before commencing any of the above actions. The State has the resources and ability to quickly authorize, and conduct, the removal of these hazards.

ABATEMENT COST ESTIMATES:

It is not possible to provide an exact dollar figure for the costs to abate the myriad and site specific issues without more detailed onsite study. Each property is unique and costs fluctuate wildly, especially in the current economic climate. However, it is expected that the cost may range from $150,000-$250,000 per parcel.

POTENTIAL RISKS:

While the City has several avenues to pursue in order to recover costs as described above, there are limitations for the City to consider. Some of the risks associated with the above actions include:
• Financial Risk: There is no guarantee the City will be reimbursed for cleanup or abatement work. While FEMA, Cal OES, and other agencies may offer reimbursement, such reimbursement can be delayed or denied. • Insurance Gaps: While some properties may carry private insurance, the coverage may be inadequate or already exhausted. Insurance proceeds may also be tied up in paying other claims (e.g., mortgage lenders or prior fire damage). In addition, it is common for litigation over insurance to proceed for years. • Legal Risk: If the City acts on any of the remedies outline above, a litigation risk exists and courts could find the City’s actions to be unlawful and/or the costs expended unreasonable. Even where lawsuits are unlikely to prevail, defense costs can be significant, and judgments and costs can prove uncollectable.

ATTACHMENTS: None.