Malibu City Council
July 14, 2025

used to determine the wetland area and where the upland vegetation restoration needs to take place.

GLA Response: In the October 19, 2019 JD Memo, GLA clearly acknowledged the definition for wetlands in the Malibu LCP and Coastal Act and included a discussion of the single criteria test for making wetland determinations as excerpted below:

According to the Coastal Commission, the presence of any one of three wetland indicators (hydrology, hydrophytes or hydric soils) qualifies an area as a wetland under this definition. Furthermore, the Coastal Commission establishes the upland limit of a wetland as:
a. the boundary between land with predominantly hydrophytic cover and land with predominantly mesophytic or xerophytic cover
b. the boundary between soil that is predominantly hydric and soil that is predominantly nonhydric; or
c. in the case of wetlands without vegetation or soils, the boundary between land that is flooded or saturated at some time during years of normal precipitation, and land that is not (14 CCR Section 13577).

The Commission’s determination of the presence of a “One Parameter Wetland” typically follows the methods contained U.S. Army Corps of Engineers 1987 Wetland Delineation Manual1 (Wetland Manual) and more recently, the 2008 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0) (AWS v.2.0).2 It should be noted, however, that the Army Corps of Engineers and the Wetland Manual requires the presence of all three factors – wetlands hydrology, hydric soils, and a predominance of hydrophytic vegetation – to determine the presence and delineate the boundaries of a federal wetland. As noted, while the Commission relies on the federal manuals to establish the presence of any of the three parameters, according to Commission staff, typically, the presence of a single parameter (e.g., a predominance of wetland vegetation) is sufficient to demonstrate the presence of a wetland and for the Commission to make a presumptive finding for the presence of wetlands.
1 Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1, U.S. Army Engineer Waterways Experimental Station, Vicksburg, Mississippi. 2 U.S. Army Corps of Engineers. 2008. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region. Ed. J.S. Wakeley, R.W. Lichvar, and C.V. Noble. ERDC/EL TR-08-28. Vicksburg, MS: U.S. Army Engineer Research and Development Center. 757

MEMORANDUM
December 12, 2022 [Updated July 31, 2023]

With regard to saltgrass, the commentor does not appear to understand that the presence of plants with an indicator status of FAC or wetter (e.g., saltgrass in this case) is not sufficient to make a finding that a specific area is a wetland under the CCC practice. An area must exhibit a “predominance” of wetland indicator species, as noted in “criteria (a)’ referenced above. The numerous data points, where GLA collected data along the northern edge of the wetland in both 2018 and again in 2023, consist of paired locations with the more northerly of the pairs located within areas that do not exhibit a predominance of wetland indicator plants while each adjacent paired pits do exhibit a predominance of species with a predominance of plants with a wetland indicator status of FAC or wetter. The areas along the northern edge do not exhibit wetland hydrology or hydric soils. Thus, the wetland edge was determined by the presence of a predominance of wetland indicator plants. To reiterate, all areas to the north of the wetland boundary, as now depicted on the wetland map using the consolidated data depicted on Exhibit **, failed the predominance test at the time of the GLA field work in 2018/2019 and 2023.

Healy Comment:

However, a February 1, 2002 wetlands delineation by Psomas for the Malibu Bay Company found the wetland area to be 3.40 acres, twice the size of the one found by the Lukos study.

GLA Response: there are a number of factors that need to be considered relative to the Psomas 2002 JD. First, the JD was conducted 24 years ago, and was conducted using the Corps’ 1987 Delineation Manual, which was superseded by the Corps’ 2008 Arid West Supplement such that the methods provided in the 1987 Manual have been updated and thus superseding the 1987 Manual. The updates include many refinements for how a determination for the presence of hydric soils and wetland hydrology are made. Most of the data points where a positive determination was made for hydric soils and wetland hydrology (recorded on the data sheets by Psomas in 1998) no longer meet the respective requirements for hydric soils and wetland hydrology. For example, many of the positive determinations for hydric soils were based on the presence of a soil matrix with a chroma of 2 and one percent redoximorphic features. Under the Arid West Supplement, areas with a chroma of 2, must contain at least five percent redoximorphic features in the soil. Thus all such data points fail the hydric soils criterion.

It is extremely noteworthy that Edith Read, who conducted the 2002 JD, in preparing the abovereferenced update in 2018, changed the wetland boundary substantially and noted that at the time of 2002 JD field work (which, as noted, occurred in December 1998), that the site hydrology was not well understood in 1998 and revised the findings and wetland boundaries accordingly for the 2018 update.

Nevertheless, it should also be noted that the wetland boundary established in 2018 by Edith Read was not determined based on paired data points along the northern edge, which is in contrast to the GLA JD, which (given the 2023 updated) is based on numerous (68 to be exact) 758

MEMORANDUM
December 12, 2022 [Updated July 31, 2023]

data points as depicted on the attached Exhibits 3 and 4. Edith’s 2018 line follows closely the line that was routinely disked for weed abatement which occurred on a regular basis until a Notice of Violation (NOV) was issued by the City for removal of non-native weeds in the wetland buffer. Prior to the NOV, GLA had established a boundary, working with Schmitz and Associates, who represented the previous property owner, that averaged about 15 feet beyond the wetland edge to ensure that the wetland was not impacted during weed abatement.

There is one other important point relative to the saltgrass, which occurs within the outermost wetland area, extending to the north of the wetland to an area dominated by upland grasses and forbs. The excerpt below, from the GLA October 24, 2019 JD addresses the reliability of saltgrass as a wetland indicator plant:

As discussed in more detail below, the results are potentially skewed in favor of expanded wetlands because one of the dominant wetland indicator plants, saltgrass (Distichlis spicata, FAC) is a phreatophyte, meaning it has the capacity to reach shallow groundwater (up to 11 feet below the surface), and is thus not a reliable indicator for the presence of wetlands in the absence of hydric soils and wetland hydrology. This is because for an area to be considered a wetland, hydrology must be present in the upper 12 inches of the soil profile for sufficient duration to create anaerobic conditions. The presence of phreatophytes, which are tapped into ground water at depths of many feet below the ground surface can lead to a “false positive” when considering the status of plants with an indicator status of FAC or wetter… 3
The other plant species with an indicator status of FAC or wetter that occurs along the northern wetland boundary that extends to the north into the areas dominated by non-native upland grasses and forbs is alkali weed (Cressa truxillensis, FACW). Alkali weed is a small herbaceous perennial that emerges following the rainy season and flowers during the summer. It is my longterm observation that this species has been misclassified on the Corps’ National Wetland Plant List (NWPL) and should most likely be classified as a Facultative Upland (FACU) species. The NWPL acknowledges that many plant species on the NWPL do not have the correct indicator status and provide a mechanism whereby indicator statuses can be changed through submission of species-specific data. While serving as an adjunct faculty member for the California State University Fullerton (CSUF) Graduate Environmental Studies Program between 1994 and 2022, I oversaw a number of graduate projects that submitted data to the NWPL resulting in changes in the status of a variety of species. In all cases, the change in indicator status was from FAC (counts as wetland indicator) to FACU, which does not count as a wetland indicator. Similarly, 3 Pages 90-91 in the Corps of Engineers Arid West Supplement provide specific guidance for dealing with riparian phreatophytes. While the focus in the Arid West supplement is on woody riparian species such as cottonwoods and willows, the guidance applies to saltgrass which has been well documented in the literature to reach depths as deep as 11 feet to reach groundwater. See for example T.W. Robinson. 1958. Phreatophytes. Geological Survey Water Supply Paper 1423. U.S. Government Printing Office.
759

MEMORANDUM
December 12, 2022 [Updated July 31, 2023]

GLA has also submitted data on a number of plants, which has resulted in change of status for plants previously considered wetland indicators and, in all cases, the plants were reclassified as FACU.

Because of the lack of wetland hydrology and hydric soils along the northern wetland boundary, the alkali weed is currently not functioning as a “hydrophyte”. Nevertheless, it would be necessary to have the indicator status revised on the NWPL to FACU to ensure that the wetland boundary does not migrate north in the absence of disking. Because alkali weed is distributed through California and extends into the Great Basin Provence of the arid southwest (e.g., parts of Nevada, Arizona, Utah, and Idaho. Thus, collection of sufficient data would require an extensive effort. Given these factors, GLA treated alkali weed as a FACW indicator and both the 2019 and 2023 JD efforts reflect such.
760
City Of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265

PLANNING DEPARTMENT
N඗ගඑඋඍ ඗ඎ Pඝඊඔඑඋ Hඍඉකඑඖඏ
Phone (310) 456-2489
www.malibucity.org
N඗ගඑඋඍ ඗ඎ Pඝඊඔඑඋ Hඍඉකඑඖඏ
The Malibu City Council will hold a public hearing on Monday, May 12, 2025, at 5:30 p.m. in the Council Chambers, Malibu City Hall, 23825 Stuart Ranch Road, Malibu, CA and via teleconference, for the project identified below.

APPEAL NOS. 24-002 AND 24-003 - An appeal of Planning Commission Resolution No 24-13 determining the project is categorically exempt from the California Environmentally Quality Act, and approving Coastal Development Permit No. 22-040 to restore a wetland environmentally sensitive habitat area buffer that was disturbed due to unpermitted weed abatement LOCATION / APN / ZONING: 23855 Civic Center Way / 4458-021-007 / Community Commercial (CC) APPLICANT: Cornerstone Real Estate Consulting
OWNER: Civic Center Way LLC
APPELLANTS: Zahid Rahimtoola on behalf of Civic Center Way LLC, Jo Drummond on behalf of the Malibu Township Council, and Patt Healy on behalf of the Malibu Coalition for Slow Growth
ENVIRONMENTAL REVIEW: Categorical Exemption CEQA Guidelines Sections 15301(h) and 15304(b) APPLICATION FILED: July 8, 2022
APPEALS FILED: February 15, 2024
CASE PLANNER: Tyler Eaton, Principal Planner, [email protected] (310) 456-2489, ext. 273
A written staff report will be available at or before the hearing for the project. All persons wishing to address the Council regarding this matter will be afforded an opportunity in accordance with the Council’s procedures. Copies of all related documents can be reviewed by any interested person at City Hall during regular business hours. Oral and written comments may be presented to the City Council on, or before, the date of the meeting.

COASTAL COMMISSION APPEAL - An aggrieved person may appeal the City Council’s approval to the Coastal Commission within 10 working days of the issuance of the City’s Notice of Final Action. Appeal forms may be found online at www.coastal.ca.gov or in person at the Coastal Commission South Central Coast District office located at 89 South California Street in Ventura, or by calling 805-585-1800. Such an appeal must be filed with the Coastal Commission, not the City.

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

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

MAUREEN TAMURI, Interim Planning Director Date: April 17, 2025 Attachment 7
761

Agenda Item # 6.A.

Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Susan Dueñas, Public Safety Director
Approved by: Candace Bond, Interim City Manager
Date prepared: June 18, 2025 Meeting date: July 14, 2025 Subject: School Resource Officer
RECOMMENDED ACTION: 1) Receive an update on providing a School Resource Officer to Malibu campuses; 2) Consider reassigning one of the Special Assignment Deputies to be a School Resource Officer for the 2025-2026 school year; and 3) Provide direction to staff if appropriate.

FISCAL IMPACT: No additional appropriation is required. Funding to support the recommendation is included in the Adopted Budget for FY 2025-26 in Account No. 100- 7021-5115-00 (L.A. Co. Sheriff’s Services).

STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2024-25 Strategic Priority Project List.

DISCUSSION: At the April 28, 2025, Regular City Council Meeting, the Council received a report on how a School Resource Officer (SRO) could be provided to Malibu campuses by having one or more of the current Special Assignment Deputies included in our existing contract reassigned to the schools. SROs are sworn officers assigned to a school or District that work in collaboration with the school and the community as a resource for safety and security issues. SRO training is a 40-hour class that covers digital safety, human trafficking, mental health, and substance abuse, and they will learn best practices for de-escalation, behavioral threat assessment, emergency operations planning, and armed assailant response. There is still a moratorium on expanding Los Angeles County Sheriff’s Department (LASD) service contracts, so adding an SRO to the City’s existing contract is not possible.

City Council Meeting
07-14-25
Item

6.A.

Agenda Item # 6.A.

The Council expressed concern about permanently reassigning a deputy to serve as an SRO and directed staff to explore providing a Special Assignment Deputy to serve as an SRO for the short term, and private security for the longer term.

Staff met with Santa Monica-Malibu Unified School District (SMMUSD) leadership and Malibu’s Liaison Sergeant to discuss security options. SMMUSD expressed support for having an armed SRO on campus and confirmed that the two SROs that support the Santa Monica schools are funded by the City of Santa Monica. However, according to SMMUSD Superintendent Shelton, the District would strongly object to the use of private security on campuses because they believe sheriff’s deputies are better trained in de-escalation and juvenile investigation tactics.

In addition, SMMUSD leadership is concerned with response time for law enforcement.

The Liaison Sergeant explained that having private security may not solve the District’s concern about response time. Response time is determined by a combination of factors, including the speed at which accurate and complete information is received by the Sheriff’s Department. Generally, an SRO is better able to quickly assess a situation and effectively communicate the incident to dispatch personnel.

Also discussed was the cost-benefit of reassigning one Special Assignment Deputy. The Special Assignment Deputies are part of a two-person team in one car. Reassigning one deputy would reduce the unit to a single person in a car; however, the resource as a response unit remains in place. Although these deputies play an important role in various crime prevention missions, there may be more value in having an SRO due to their ability to potentially prevent and respond to an incident at a school.

Background
The City’s current LASD service contract includes 5.39 Special Assignment Deputies. This number equates to approximately 4.5 deputies. Special Assignment Deputies are flexible resources that do not respond to regular calls for service unless they are needed. This allows them to focus on specific issues and targeted enforcement.

Two of the Special Assignment Deputies were added in the Fiscal Year 2021-2022 Adopted Budget to assist with overnight parking enforcement. At the time, the City was experiencing a proliferation of recreational vehicles parking illegally overnight. Since then, the City has hired LAZ Parking to help with parking enforcement, including illegal overnight parking, and the problem has significantly decreased. Therefore, the conditions that led to adding two Special Assignment Deputies have changed.

After reviewing this new information and considering current public safety needs, staff recommends that the Council consider directing staff to coordinate with SMMUSD to reassign one of the Special Assignment Deputies in the City’s existing contract with LASD

Agenda Item # 6.A.
to serve as an SRO for the 2025-26 school year. Concurrently, staff can continue to explore private security options for the future.

ATTACHMENTS: None

Agenda Item # 6.B.

Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Reviewed by: Trevor Rusin, Interim City Attorney
Approved by: Candace Bond, Interim City Manager
Date prepared: June 27, 2025 Meeting date: July 14, 2025 Subject: City Council and Commission Meeting Format and Rules of Procedure and Decorum
RECOMMENDED ACTION: 1) Discuss and provide direction to staff on the format of City Council meetings, including the regular meeting time and hybrid format; 2) Discuss and provide direction on Commission, Committee, and Board meetings, including staff resources for the recording of meetings.

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

Depending on the direction from the Council there could be costs based on staffing or technological resources needed.

STRATEGIC PRIORITY: This item supports the Malibu Culture priority identified in the Adopted FY 2024-25 Strategic Priority Project List.

DISCUSSION: On March 27, 2023, the City Council launched the hybrid meeting pilot program and subsequently directed the Planning Commission to conduct its meetings in a hybrid format beginning July 17, 2023. These hybrid meetings were initially conducted pursuant to AB 361 and allowed members of the public and the City Council to participate in-person or remotely. Since AB 361’s sunset on January 1, 2024, the Council has directed that City Council and commission meetings be held in person, but the City Council has continued to offer members of the public the opportunity to participate remotely in City Council and Planning Commission meetings. All other Commissions, Committees and Boards returned to in-person meetings after January 1, 2024.

City Council Meeting
07-14-25
Item

6.B.
1

Agenda Item # 6.B.

At the October 9, 2023, Regular Meeting, the City Council directed staff to bring back options for conducting hybrid meetings that would allow, but reasonably limit, remote participation in certain circumstances. This item was delayed while the City Council considered and implemented other changes to its regular meeting format and time.

At the August 12, 2024 Regular Meeting, the City Council adopted Ordinance No. 521 allowing the start time of City Council meetings to be set by resolution and adopted Resolution No. 24-39, establishing the start time and format of regular meetings. The primary change was the creation of a 5:30 p.m. block where the City Council could consider the Consent Calendar, ceremonial and presentation items, and the City Manager report, before taking up the other scheduled business after 6:30 p.m.

Since that meeting, Councilmembers have expressed interest in considering changes to the hybrid meeting format, including requiring members of the public to sign up in advance to participate remotely and requiring remote participants to appear on camera. There have also been requests to discuss potentially filming all Commission, Committee, and Board meetings. Currently only the City Council and Planning Commission meetings are filmed.

After the implementation of the new format in October 2024, the City faced devastation from the Franklin Fire and Palisades Fire. Responding to emergencies and supporting disaster recovery is the highest priority of the City, and these efforts have only increased the workload for City Council meetings. It is even more important in these times to manage meetings effectively and promote public engagement in City business.

The changes approved in Resolution No. 24-39 have allowed ministerial and ceremonial items to be completed earlier in the evening, but most regular meetings still run late into the evening. Often new items are still being taken up after 10:30 p.m., when few residents are available to participate in a public meeting. There has been an increase in public participation in meetings since the fires, but this is primarily seen during public comment for items not on the agenda, with participation dropping off as the agendized items are taken up later in the evening. The public has the right to address the City Council regarding any subject matter within its jurisdiction at a regular meeting. However, public input on agendized items is especially important to support informed discussion and decisionmaking on scheduled items where action can be taken at that meeting.

Staff has prepared a proposal below to address the ongoing late meetings, promote public engagement on agendized items, and streamline remote participation. If the City Council would like to modify its meeting format, staff will bring back a resolution to modify the City Council Rules of Procedure and Decorum.
2

Agenda Item # 6.B.

Staff Proposal
The proposal includes changes to:
• Meeting Start Time - move the meeting start time to 2:00 p.m. • Remote Participant Speaker Signups - require remote participants to register and sign up to speak in advance of the meeting
• General Public Comment - move public comment for items not on the agenda to the end of the meeting and eliminate time deferrals
• Materials from the Public – set a deadline for correspondence from the public to be distributed to the Council and require presentation materials to be submitted in hard copy the day of the meeting
• Scheduling Zoning Matters – schedule appeals for special meetings The City Council often has very full agendas and has historically had long meetings that cause important items to be considered very late in the evening. Moving the start time for regular meetings to 2:00 p.m. supports engagement in scheduled business during accessible daytime hours. If members of the public are not able to attend the meeting inperson during business hours, they will still have the opportunity to submit written comments in advance and participate remotely.

To better manage remote participation, speakers would be required to register using Zoom Webinar in advance of the meeting and select the items they wish to speak on. Staff will be able to compile a complete speaker list by the time the item is called by the Mayor and allow the Council to better manage the time allotted for public comment. Registration can also help minimize incidents of Zoom Bombing where groups of individuals intentionally disrupt public meetings by making disturbing and often hateful comments. Registration will limit participants to joining the meeting with the name they registered with, although their legal name is not required for registration. This would prevent individuals attempting to disrupt the meeting from leaving and rejoining with another name.

The Brown Act does not require the City to allow remote participation.1 The City Council may choose to allow remote public participation when it is not required at in-person meetings.

The City has recently experienced significant technical difficulties with its aging audio and video systems in the Council Chambers. Although emergency repairs have been 1 Only if a member of the City Council is attending the meeting under AB 2449’s alternative teleconference option does the Brown Act require that the public also be allowed to participate remotely. AB 2449 allows Councilmembers to teleconference without publicly noticing their location in limited circumstances for “just cause” or “emergency circumstances.” There are a number of onerous requirements for any meeting where AB 2449’s provisions are used, including that in the event there is a disruption that interrupts the Council’s broadcast to the public, or a disruption within the City’s control preventing the public from offering public comment, the Council cannot take any further action until such service is restored. 3

Agenda Item # 6.B.
completed, staff recommends continuing to inform the public that they are not guaranteed to be able to participate in that manner, especially given the recent technical issues.

Moving public comment to the end of the meeting allows residents the opportunity to raise new issues to the City Council in the evening. Since the City Council cannot take action on these items (other than scheduling them for a future meeting or asking a question to staff) or discuss them more than a brief comment, eliminating time deferrals keeps these comments limited to brief introductions and there is less need to provide speakers a long period of time to discuss the topic. If the City Council directs the issue to be scheduled on a future agenda, members of the public will have the opportunity to speak for three minutes and make more organized presentations with time deferrals at that time.

Currently members of the public submit materials for public meetings in the form of email correspondence, audio visual presentations, and hard copies at the meeting. To allow staff time to process correspondence and the City Council time to review the correspondence submitted in advance of the meeting, staff recommends setting a deadline for correspondence several hours before the meeting. To minimize the amount of media support needed for the meeting, staff recommends discontinuing accepting and displaying audio and visual presentations from the public. Presentation materials would still be accepted from the applicant and appellant in zoning matters. Members of the public can submit visual aids and other materials in hard copy.

To prioritize business that impacts the whole City at regular meetings and address the backlog of Planning permit appeals, staff recommends scheduling these hearings for special meetings. There are six appeals in the queue, some of which have been in the queue for over a year.

Other Alternatives and Proposals
• Requiring on camera participation from remote participants. There are logistical challenges to this proposal. Zoom webinar does not allow attendees to turn on their camera. Participants would first have to be promoted to panelist and then asked to unmute and turn on their camera. Although registration may help prevent Zoom bombings, Zoom bombing attempts can also include uncomfortable or disturbing images if participants are able to turn on their camera. There also could be problems forcing people to turn their camera on because of (1) technical inexperience or disability, (2) bandwidth issues, especially if someone cannot afford high speed internet access, and (3) the right to anonymous speech. While staff is aware of other jurisdictions that allow video on zoom calls, requiring video is not typical. • Limit Public Hearings to in-person participation. The Planning Commission has suggested requiring applicants for development applications to appear in-person for public hearings. In order to offer a fair process, if applicants were required to 4

Agenda Item # 6.B.
participate in-person, the Council should require all interested parties to attend the hearing in-person. This would require all of the applicant or appellant representatives and experts to travel to City Hall.
• Discontinue remote participation or continue to use the raise hand feature in Zoom for speaker signups
• Continue to meet in the current format or provide other direction to staff.

Commissions, Committees, and Boards
If the City Council makes significant changes to its meeting time or format, staff would bring back an item to Council to provide direction to the Planning Commission on its meeting time and format to keep consistency between the bodies.

Councilmembers have expressed interest in filming all Commission meetings.

Commission meetings are not currently staffed with media or technical support and are held in less formal settings without the recording equipment available in the Council Chambers. The City Council can discuss this issue and provide further direction to staff on the format and resources for Commission meetings.

ATTACHMENTS:

1. Draft Agenda Format

2. Resolution No. 98-83 Rules of Procedure and Decorum

3. Resolution No. 24-39 Establishing the Start Time and Format for Regular City Council Meetings

4. Ordinance No. 521
5 Malibu City Council
Regular Meeting Agenda
Monday, Month XX, 2025
2:00 P.M. – CITY COUNCIL REGULAR MEETING
City Hall – Council Chambers
23825 Stuart Ranch Road
Zoom Webinar Registration Link:
https://us02web.zoom.us/j/XXXXXXXXXXX

GUIDE TO THE CITY COUNCIL PROCEEDINGS AND DECORUM
ROLE OF THE PRESIDING OFFICER: The presiding officer of the City Council, who shall be the Mayor, shall be responsible for maintaining the order and decorum of meetings. It shall be the duty of the presiding officer to ensure that these rules of procedure and decorum are followed at all times. The presiding officer shall maintain control of communication between Councilmembers, between the Council and the public, and chair each meeting in a fair and impartial manner. It shall be the duty of each Councilmember to support the presiding officer in maintaining the order and decorum of Council meetings.

On specific agenda items Councilmembers may question any person addressing the City Council at the conclusion of all public testimony on that agenda item before the Council. Councilmembers shall not engage any member of the public in a dialogue with themselves other Councilmembers, city staff or other members of the public.

MEMBERS OF THE AUDIENCE: Members of the audience shall not engage in disorderly or boisterous conduct, including clapping, whistling, stamping of feet, or other acts which disturb, disrupt, impede or otherwise disturb the orderly conduct of the City Council meeting. Persons addressing the City Council shall not engage in disorderly conduct which disrupts, or otherwise impedes the orderly conduct or Council meetings. Any person who so disrupts a Council meeting may, at the discretion of the presiding officer or a majority of the City Council, be subject to ejection from that meeting.

MEETING PARTICIPATION: Malibu City Council meetings are held in-person. Members of the public may participate in-person or remotely via Zoom Webinar. If you would like to speak remotely, you must register using the Zoom Webinar form by 10:00 a.m. the day of the meeting and sign up for the items you wish to speak on. It is strongly recommended that those who wish to participate do so in person as zoom participation is not guaranteed. While the City intends to allow zoom participation if possible, the meeting will not be cancelled or continued if technical difficulties impact the ability to accept public participation over Zoom. In such case only in-person participation will be allowed.

If you would like to speak in-person, you must complete and submit to the Recording Secretary a Request to Speak form at the meeting prior to the beginning of the item being announced by the Mayor.

Remote and in-person participants will have three (3) minutes to speak on each item on the agenda and general public comment. For items on the agenda, in-person participants may also surrender their time to speak on an item on the agenda by deferring one (1) minute to another in-person speaker, not to exceed a total of eight (8) Attachment 1
6 City Council Regular Meeting Agenda Page - 2 - Month XX, 2025 minutes. The speaker wishing to defer time must be present when the item is heard and their form must be submitted with the speaker form for the individual they are deferring time to. Speakers are taken in the order slips are submitted or registration is received.

Members of the public are encouraged to submit email correspondence to [email protected] by 8:00 a.m. the day of the meeting. Correspondence received by this deadline will be distributed to the Councilmembers in advance of the meeting and included in the record. Members of the public wishing to distribute materials to the City Council after this deadline may do so by providing eight (8) copies to the Recording Secretary at the meeting. Audio and visual presentations will only be displayed during the meeting for applicants and appellants during Public Hearings involving zoning matters.

VIEW THE MEETING: The meeting will be live streamed at www.malibucity.org/video, www.youtube.com/CityofMalibu, and via Zoom Webinar.

Two p.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
Pledge of Allegiance
Report on Posting of Agenda
Approval of Agenda

1. Consent Calendar
Items in Consent Calendar Section A have already been considered by the Council at a previous meeting where the public was invited to comment, after which a decision was made. Resolutions concerning decisions made at previous meetings are for the purpose of memorializing the decision to assure the accuracy of the findings, the prior vote, and any conditions imposed. Items in Consent Calendar Section B have not been discussed previously by the Council. Members of the public may comment on the consent calendar as a whole. After public comment, the Council may remove items from the Consent Calendar for individual consideration before adopting the Consent Calendar.

A. Previously Discussed Items
None.

B. New Items
None.

2. Ceremonial/Presentations
None.

3. Ordinances and Public Hearings
For Public Hearings involving zoning matters the appellant and applicant will be given 15 minutes each to present their position to the City Council, including rebuttal time.

None.
7 City Council Regular Meeting Agenda Page - 3 - Month XX, 2025

4. Old Business
Old Business items have appeared on previous agendas with no final action having been taken.

None.

5. New Business
New Business items are appearing for the first time for formal action.

None.

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

None.

7. Written and Oral Communications from the Public
The Oral Communication portion of the agenda is for members of the public to present items, which are not listed on the agenda but are under the subject matter jurisdiction of the City Council. No action may be taken under, except to direct staff, unless the Council, by a two-thirds vote, determines that there is a need to take immediate action and that need came to the attention of the City after the posting of the agenda. Although no action may be taken, the Council and staff will follow up, at an appropriate time, on those items needing response.

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

B. Commission / Committee / City Manager Updates
C. City Council Subcommittee reports / Mayor and Councilmember meeting attendance, reports and inquiries
Adjournment
Future Regular Meetings
Monday, Month XX, 2025 2:00 p.m. Regular City Council Meeting City Hall Council Chambers Monday, Month XX, 2025 2:00 p.m. Regular City Council Meeting City Hall Council Chambers Monday, Month XX, 2025 2:00 p.m. Regular City Council Meeting City Hall Council Chambers Copies of the staff reports or other written documentation relating to each item of business described above are on file in the office of the City Clerk, Malibu City Hall, 23825 Stuart Ranch Road, Malibu, California, and are available for public inspection during regular office hours, which are 7:30 a.m. to 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. Friday. Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's office at 23825 Stuart Ranch Road, Malibu, California (Government Code Section 54957.5.b.2). Copies of staff reports and written materials may be purchased for $0.10 per page.

The City Hall phone number is (310) 456-2489. To contact City Hall using a telecommunication device for the deaf (TDD), please call (800) 735-2929 and a California Relay Service operator will assist you. In compliance 8 City Council Regular Meeting Agenda Page - 4 - Month XX, 2025 with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Community Development Director Yolanda Bundy, (310) 456-2489, ext. 229. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADD Title II].

I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Regular and Adjourned Regular meeting agendas may be amended up to 72 hours in advance of the meeting. Dated this Xth day of Month 2025 at X:XX p.m.

Kelsey Pettijohn, City Clerk
9 Y11
Vi
94-
RESOLUTION 98-083

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU ESTABLISHING

RULES OF PROCEDURE AND DECORUM FOR THE CONDUCT OF CITY COUNCIL MEETINGS AND REPEALING RESOLUTION 91-
THE CITY COUNCIL OF THE CITY OF MAIBU HEREBY RESOLVES AS .FOLLOWS:

SECTION 1. The following rules of procedure and decorum are hereby adopted.

Rules for City Councilmembers.

A. Decoru: Members ofthe City Council shall conduct themselves in an orderly and businesslike maner to ensure that the business of the City shall be attended to efficiently and throughly and to ensure that the integrity of the deliberative process ofthe City Council is maintained at all times. Members of the City Council shall maintain a polite respectful and coureous maner when addressing one another, the City staff and members of the public during Council meetings.

B. Role of the Presiding Offcer: The presiding officer of the City Council. who shall be the Mayor, or in the Mayor s absence the Mayor Pro Tempore, or in the absence of both the Mayor and Mayor Pro Tempore the remaining longest-serving member of the Council shall be responsible for maintaining the order and decoru of meetings. It shall be the duty of the presiding officer to ensure that these rules of procedure and decorum are followed at all times.

The presiding officer shall maintain control of communication between Council Members between the Council and the public and chair each. meeting in a fair and imparial maner. It shall be the duty of each Councilmember to support the presiding officer in maintaining the order and decoru of Council meetings.

C. Communication between City Councilmembers: Councilmembers should request the floor of the presiding officer before speaking. Councilmembers shall speak in tur and no Councilmember sha l speak again until all Councilmembers shall have had the opportunity to speak. Councilmembers shall remember that the purpose of the City Council meeting is to conduct the business of the City. Councilmembers shall avoid repetition and shall endeavor to limit their comments to the subject matter at hand. Councilmembers should endeavor to express their views without engaging in lengthy debates. When one Councilmember is speaking other Councilmembers shall not interrpt or disturb the speaker. During questions and deliberations the presiding officer shall var the speaking sequence of Councilmembers from item to item.

D. Communication with the Public Addressing the City Council: On specific agenda items Councilmembers may question any person addressing the City Council at the conclusion of all public testimony on that agenda item before the Council. Councilmembers shall not engage any member of the public in a dialogue with themselves other City Councilmembers, city staff or other members of the public. All requests to speak shall be made to the presiding offcer. Ifa member of the public addresses the Council on a matter not on the meeting s agenda (during Attachment 2
10 public comment) Councilmembers shall refrain from a discussion of the matter. Public comments requesting specific Council discussion and/or action shall be summarized by the presiding officer following all public comments. Such matters may, at the direction of a majority of the City Council, be placed on a future agenda for discussion and/or action.

II. Rules for City staf.

A. Decoru: City staff shall not engage in dialogue with members of the public during Council meetings. When addressed by a City Councilmember the staff shall respond in a polite respectful and coureous maner. All requests to speak shall be made to the presiding officer.

B. Role of the City Manager: The City Manager s duties during City Council meetings shall include keeping a record of actions requested by the City Council that require staff work.

II1. Rules for Members of City Commissions, Boards and Committees.

A. Decoru: Members of City Commissions, Boards and Committees, when addressed by a City Councilmember, shall respond in a polite, respectful and coureous manner.

B. Role: Each Commission, Board or Committee shall send their Chairperson or other designated member to address the Council on any factual inquiries on recommendations made by their Commission, Board or Committee. Chairpersons or designated members should answer such Council questions promptly and specifically.

IV. Rules for the Public.

A. Members of the Audience: Members of the audience shall not engage in disorderly or boisterous conduct, including clapping, whistling, stamping of feet, or other acts which disturb, disrupt, impede or otherwise disturb the orderly conduct of the City Council meeting.

B. Persons Addressing the City Council: Any person wishing to address the Council on a item before the Council should fill out a speaker slip, which shall include the name address and issue being addressed, and submit that slip to the Recording Secretar prior to that agenda item being announced by the presiding officer. No person shall address the City Council without first being recognized by the presiding officer. Members ofthe public addressing the City Council shall have three minutes to speak. The Council may, by majority vote, alter this time limit. Persons addressing the City Council on a specific agenda item shall confine their remarks to that agenda item. Any public requests for staff comment shall be made to the presiding officer, who may then direct such inquiries to the City Manager or City Attorney as appropriate. Persons addressing the City Council shall not engage in disorderly conduct which disrupts, or otherwise impedes the orderly conduct or Council meetings. Any person who so disrupts a Council meeting may, at the discretion of the presiding officer or a majority of the City Council, be subject to ejection from that meeting.
11 v. Enforcement: Upon violation of these Rules, the presiding officer shall request that person violating these rules cease such conduct. If, after a waring from the presiding officer the person persists in disrupting the meeting, the presiding officer shall order the person to leave the City Council meeting. If the person does not leave the meeting, the presiding officer may order any law enforcement officer on duty to act as Sargent-at-ars and.remove the person from the City Council chambers. Any person who resists removal by the Sargent-at-arms may be charged with a violation of these rules as well as any other applicable ordinance or law. If the presiding offcer of the City Council fails to enforce these Rules, as a majority vote of the City Council may designate another Councilmember to act as presiding officer and enforce these rules. If a meeting of the City Council is distubed in such a maner as to make infeasible the restoration of order, the presiding officer or a majority of the City Council may exercise the authority granted by California Governent Code Section 54057.9 by ordering the meeting room cleared and continuing in such a maner as authorized by Section 54957. v1. City Council Agendas.
. A. Format: The format of the City Council agendas shall be as follows, unless otherwise re-ordered by Council at a specific meeting.

10. 11.

12. 13.

14. 15.

Call to Order
Roll Call
Pledge of Allegiance
Approval of Agenda
Closed Session Report
Report on Posting of the Agenda
Ceremonial Presentations
Written and Oral Comments from the Public
City Council Subcommittee Reports
Mayor and City Councilmember Reports and inquiries
Consent Calendar
Ordinances and Public Hearings
Old Business (Con inued, Postponed or left-over item from Prior Meetings) New Business (New items from Councilmembers, Staff, Consultants or Commissions, Boards, or Advisory Committees)
Adjourent
B. Placement ofItems on a City Council Meeting Agenda: All items to be placed on a City Council meeting agenda must be submitted to the City Manager not later than twelve days preceding the City Council meeting. Individual City Councilmembers must submit a brief report to the Council explaining their item and supporting materials for the items by this deadline. To avoid overloading the staff or the Council agenda, individual Councilmembers should not submit more than one agenda item per Council meeting. All such individual Councilmember agenda items shall be placed at the end of New Business. The City Manager shall be responsible for scheduling all other agenda items submitted by City-staff, consultants or recommendations from 12 City Commissions, Boards or Committees unless otherwise specifically directed by a majority of the City Council at a public meeting. Any detailed review of City Council goals/objectives or City deparments, programs or services should take place at the City Councils s Quarerly Review Meetings.

VII. Robert' s Rules Of Order.

In all matters and things not otherwise provided for herein, the proceedings of the City Council shall be governed by "Robert' s Rules Of Order, Newly Revised. " as amended by State law. Councilmembers shQuld familiarize themselves with rules concerning making main motions, making motions to amend, postpone (continue to date certain or indefinitely), table or refer to staff, subcommittee or another body, calling the previous question (to close debate) or recess (break), rising to points or order (procedure), personal privilege (too noisy, personal insult) or information and motions to reconsider a matter already decided by the Council, divide motion(s), ask for a roll call vote, suspend the rules, overrle the chair, move the agenda and adjour. However, no action of the City Council shall be invalidated or the legality thereof affected by the failure or omission to observe or follow Robert' s Rules of Order.

VII1. Public Hearings Required by Law.

At the star of each public hearing required by law, the presiding officer shall anounce the item for the public hearing and then introduce the staff report. Following the staff report, the applicants, appellant, and/or their representatives shall speak first and have fifteen (15) minutes to do so, any portion of which may be used for rebuttal. Each person addressing the City Council other than the applicant/appellant shall have thee (3) minutes to speak. Any representative(s) or person(s) who is/are representing or speaking on behalf of the adopted position of a bonafide organization shall have five (5) minutes total to speak. The presiding officer may increase up to eight (8) minutes the time allotted to such representatives provided that all members of that organization in attendance agree to refrain speaking themselves on the matter. Following all public testimony, the presiding officer shall recognize Councilmembers who have questions for any of the speakers, members of the public in attendance, chairpersons or a designated representative of city commissions, boards or committees, city staff or consultants.

Following the conClusion of such questions, the presiding offcer shall allow the applicant/appellant their remaining time for rebuttal. Following the rebuttal, the presiding officer shall close the public hearing and then allow each Councilmember to state his/her opinion on the item before asking for a motion to decide the matter.

IX. Prompt Call to Order at 6:30 p.m. and adjournent by 11 p.

The City Council shall star their regular meetings promptly at 6:30 p.m.. The City Council shall not hear any new items of business after 11 p.m. unless a majority of City Councilmembers vote to suspend the rules to do so.

X. Suspension ofthe Rules.
13 Any provision of these Rules not already governed by the City ordinance or State Law may be suspended by majority vote of the City Council.

SECTION 2. Resolution 91-24 is hereby repealed in its entirety.

SECTION 3 . The City Clerk shall certify passage of this Resolution.

PASSED, APPROVED AND ADOPTED this 9 day of November, 1998.

ATTEST:
/l' /I ll +v
oan House, Mayor
I CERTIFY THAT T FOREGOING RESOLUTION NO. 98-083 was passed and adopted by the City Council of the City of Malibu at the regular meeting held on the 9 day of November 1998 , by the following vote:

Councilmembers VanHorn, Hasse, Barovsky, and Mayor House Mayor Pro Tem Keller
14 RESOLUTION NO. 24-39
Fa A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU SUPERSEDING AND REPLACING RESOLUTION NO. 99-007 AND
SECTION 1(VI)(A) OF RESOLUTION NO. 98—083 AND ESTABLISHING THE

START TIME AND FORMAT FOR REGULAR CITY COUNCIL MEETINGS The City Council of the City of Malibu does hereby find, order, and resolve as follows:

SECTION l. This resolution supersedes and replaces Resolution No. 99-007 and Section (VI)(A) of Resolution 98-083.

The following format for regular City Council agendas is hereby adopted:

A. Format: The format of the City Council agendas shall be as follows unless otherwise re-ordered by Council at a specific meeting.
l. Call to Order
Roll Call
Pledge of Allegiance
Closed Session Report
Report on Posting of the Agenda
Approval of the Agenda
Consent Calendar
Presentation(s)

9. Commission/Committee/City Manager Updates

10. Written and Oral Communications from the Public

11. City Council Reports
l2. Ordinances and Public Hearings

13. Old Business
l4. New Business

15. Council Items
l6. Adj ournment
QQPNOOmwSECTION 2.

The start time for regular City Council meetings is governed by Malibu Municipal Code Section

2.08.010. This section allows the meeting time to be changed by resolution of the City Council.

The regular meeting time of the City Council is hereby adopted as follows:

A. Regular meetings of the City Council shall be held on the second and fourth Mondays of each month at 5 :30 p.m. Closed session may be held between 4:30 p.m. and 5:30 p.m. No closed session will be held during said hours unless the posted agenda of the regular meeting indicates that such sessions will take place; in the absence of such notification, the regular meeting shall commence at the hour of five-thirty p.m.

B. Prompt Call to Order at 5:30 pm. and adjournment by 10:30 p.m.

Attachment 3
15 Resolution N0. 24-39

a. The City Council shall start their regular meetings promptly at 5:30 pm. The City Council shall not hear any new items of business after 10:30 p.m. unless two-thirds of City Councilmembers vote to do so.

SECTION 3. This resolution shall take effect October l, 2024.

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

PASSED, APPROVED, and ADOPTED this 12th day of August 202.

DOU STEWART, Mayor
4 16
Resolution No. 24-39

I CERTIFY THAT THE FOREGOING RESOLUTION NO. 24-39 was paSS6d and adopted by the City Council of the City of Malibu at the Regular meeting thereof held on the 12th day of August 2024 by the following vote:

AYES: 4 Councilmembers: Grisanti, Silverstein, Riggins, Stewart NOES: l Councilmembers: Uhring
ABSTAIN: 0
ABSENT: 0
17 ORDINANCE NO. 521
The City Council of the City of Malibu does ordain as follows:

SECTION 1. Amendments
SECTION 2. The City Clerk shall certify the adoption of this ordinance.

PASSED, APPROVED AND ADOPTED this 26th day of Augus
AN ORDINANCE OF THE CITY OF MALIBU AMENDING MALIBU MUNICIPAL CODE SECTION 2.08.010 AND DETERMINING THE START

TIME OF REGULAR CITY COUNCIL MEETINGS SHALL BE SET BY

RESOLUTION
A. Section 2.08.010 ofthe Malibu Municipal Code is amended to read as follows:
“Regular meetings of the Malibu City Council shall be held on the second and fourth Mondays of each month, or, if any such day is on a holiday, then the meeting scheduled on such day shall be held in the council chambers on the next succeeding day which is not a holiday. The regular meeting times of the Malibu City Council shall be set by resolution of the City Council.”
DOUGEWART M Mayor
APPROVED AS F RM:
/
TRE IN, IniErim City Attomey
Attachment 4
18 Ordinance No. 521

I CERTIFY THAT THE FOREGOING ORDINANCE NO. 521 was passed and adopted at the Regular City Council meeting of August 26, 2024, by the following vote:

AYES: 5 Councilmembers: Grisanti, Silverstein, Uhring, Riggins, Stewart NOES: 0 ABSTAIN: 0
ABSENT: . O
KELSEY“ ‘T JOHN City’Clerk
(S
‘
19

Agenda Item # 6.C.

Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Patricia Salazar, Development and Operations Manager Reviewed by: Yolanda Bundy, Community Development Director Approved by: Candace Bond, Interim City Manager
Date prepared: July 3, 2025 Meeting date: July 14, 2025 Subject: Broad, Franklin and Palisades Fire Rebuild Fee Waiver Program RECOMMENDED ACTION: Adopt Resolution No. 25-29 directing the City Manager to waive certain fees related to the rebuilding of structures that were damaged or destroyed by the Broad, Franklin, and Palisades Fires on property used as a primary residence by the owner and finding the action to be exempt from the California Environmental Quality Act.

DISCUSSION: This item will be distributed under separate cover.

City Council Meeting
07-14-25
Item

6.C.

Agenda Item # 6.C.

Supplemental
Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Patricia Salazar, Development and Operations Manager Reviewed by: Yolanda Bundy, Community Development Director Approved by: Candace Bond, Interim City Manager
Date prepared: July 7, 2025 Meeting date: July 14, 2025 Subject: Broad, Franklin and/or Palisades Fire Rebuild Fee Waiver Program RECOMMENDED ACTION: Adopt Resolution No. 25-29 directing the City Manager to waive certain fees related to the rebuilding of structures that were damaged or destroyed by the Broad, Franklin, and/or Palisades Fires on property used as a primary residence by the owner and finding the action to be exempt from the California Environmental Quality Act (CEQA).

FISCAL IMPACT: The fiscal impact of any fee waiver program for the over 1000+ structures lost or damaged by the Broad, Franklin and Palisades Fire rebuilds will result in the City not being reimbursed for the cost of the services provided to these individuals through the fees required for these services under the fee schedule. Due to the complex nature of the rebuilds for the Palisades Fire, staff believes the average fee waiver will be $50,000 for single-family development and up to $80,000 for a multi-family development, an approximate total of $25 to $32 million.

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

DISCUSSION: On June 9, 20251, as directed by the Council, staff presented a revised fee waiver program for the Broad, Franklin, and Palisades fires. The Council directed staff to clarify what types of multi-family dwellings qualify and which portion of fees would be waived, change the deadlines to three and five years, and provide the ability for homeowner-occupied residences which are held under the organization of a limited 1 This matter was previously discussed by the City Council on March 24, 2025 and April 14, 2025. Meetings videos are available for review at malibucity.org/videos.

City Council Meeting
07-14-25
Item

6.C.

Agenda Item # 6.C.
liability company (LLC) to be conditionally eligible for fee waivers.

Multifamily
Option 1 Limit to Duplexes – Staff recommends limiting the program to duplexes as obtaining cooperation by more than two owners may be difficult to implement, especially if units are sold prior to the certificate of occupancy. Staff recommends that both owners jointly record an affidavit against the property with the Los Angeles County Recorder’s Office agreeing to the terms of the fee waiver, and its requirement that all fees be reimbursed if the property, or any of the units, are sold before a Certificate of Occupancy (C of O) is issued.

Option 2 Formula Based – Another option would be to waive a portion of the fees based on the percentage of owner-occupied units that remain at the time the C of O is issued.

The same recording requirement would also apply, and a C of O would not be issued unless the City has been reimbursed for any fees waived for owners who no longer own the applicable unit at the time the C of O is to be issued. This option would be difficult to implement due to the shared infrastructure and development, especially if one unit is sold prior to the issuance of the C of O and the fees are not refunded to the City. It could result in frustration and delay in moving in for some of the owners if the owner who sold does not promptly reimburse the City.

Option 3 Fixed Fee Per Owner-Occupied Unit - An alternative would be to set a fixed waived fee amount for each eligible owner-occupied unit within a multifamily structure.

This would reduce the uncertainty if an eligible unit is sold prior to issuance of a C of O.

In general, this option would provide the owner-occupied owners with a guarantee that the rebuild could continue regardless of any change of ownership in the structure.

Revised Program
The revised program listed below addresses concerns expressed by the Council as well as measures to ensure compliance with the program. Changes include the following:
• Multifamily Option 1 – Allow Duplexes
• Requirements for LLCs or corporations
• Updated deadlines
• City Manager definition
• Added application requirements
• Requirement to record affidavit
• Enforcement provisions including 90-day reimbursement deadline and right for City to place lien on property

Agenda Item # 6.C.

Below are the program’s central provisions. Items underlined are newly added to the program.

Eligibility

1. Applicable to owners and/or heirs of properties rebuilt as “like-for-like” or “like-forlike plus 10%”, which were used as a primary residence at the time of the fire.

2. Owners occupying a single-family or duplex structure at the time of the fires and familial members or heirs.

3. No commercial rebuilds are eligible for this fee waiver program.

4. Fire damage fee waivers shall apply to multi-parcel structures for eligibility purposes, and are not limited solely to the residential parcel.

5. Only valid for City-issued planning approval and/or other building permits required to rebuild “like-for-like” or “like-for-like plus 10%” structures.

6. Fee waivers are limited to damaged or destroyed structures (only like-for-like or like-for-like plus 10%), replacement or upgrade of onsite wastewater treatment systems, seawalls or other permitted infrastructure as required by the City, temporary water tanks or other suppression mechanism, damaged or destroyed accessory structures, hardscaping, and landscaping.

7. Fee waivers also apply to Temporary Housing City-issued permits.

8. Fees associated with time extension requests pursuant to Municipal Code Section

17.60.020 are also eligible to be waived.

9. City Manager is defined for the purpose of this Resolution as the City Manager or his or her designee.

Application Requirements

1. The owner-occupied applicant must be the legal property owner or owner of a controlling interest in an entity (such as an LLC or corporation) that holds title to the affected property as of the date of the applicable fire.

2. Upon request, the applicant must provide documentation establishing ownership or controlling interest in the entity that owns the property, in the form of a Grant Deed, Operating Agreement, Trust Deed, or other documentation in a form acceptable to the City Manager.

3. The applicant shall, under penalty of perjury, certify that they are the owner of the subject property and occupied the property as their primary residence at the time of the fire.

4. Property owners requesting a waiver of fees must demonstrate primary residency at the property destroyed by the Broad, Franklin, and/or Palisades Fires through documentation such as active voter registration, a valid driver’s license, or other government-issued identification showing the property address, as deemed acceptable by the City Manager. Applicants must also provide proof of identification (if not provided as set forth above) and submit an affidavit on a form provided by the City.

Agenda Item # 6.C.

5. The applicant shall execute and record a notarized an affidavit with the Los Angeles County Recorder’s Office, under penalty of perjury, affirming controlling ownership of the subject property, that they occupied the subject property at the time of the wildfire as their primary residence, and acknowledging provisions set forth in the adopted Resolution.

6. If a property owner is determined to be ineligible for the fire damage fee waiver at any point and repays all previously waived fees, the City shall issue written confirmation of repayment as determined by the City it its sole discretion. If an affidavit was recorded, it shall be the sole responsibility of the property owner to prepare a release, notice of satisfaction, or other similar instrument in a form acceptable to the City. The City shall review the owner's prepared document and, if all requirements are met as determined by the City, the City will execute the document. The property owner shall bear sole responsibility for all recording costs and for ensuring that the executed document is properly recorded with the Los Angeles County Recorder’s Office. The property owner shall provide a copy of the filed release document to the City upon acceptance by the Recorder's Office." Requirements for Limited Liability Company or Corporation-Owned Properties For properties held in the name of a Limited Liability Company (LLC) or corporation:

1. Affidavit Requirement
Both the managing member and member of the LLC applying for the fee waiver must execute and record a notarized affidavit under penalty of perjury affirming:
a. Ownership of controlling interest in property at the time of the fire. b. That the applicant/member occupied the property as their primary residence at the time of the wildfire.
c. No shares or membership interests in the LLC will be sold, transferred, or reassigned during the course of the rebuild of the residence. d. If such a transfer occurs before completion and final inspection of the rebuilt residence, the LLC will be obligated to reimburse the City of Malibu for all previously waived fees.
e. Proof of identification and proof of primary residence as described in Application Requirements shall be an exhibit to the affidavit.

2. Recordation
a. The affidavit shall be recorded as a covenant against the property with the Los Angeles County Recorder’s Office prior to applying for the fee waiver program.
b. The covenant will run with the land and be binding on all successors in interest.

3. Second Affidavit Requirement
The managing member and member of the LLC or corporation applying for the fee

Agenda Item # 6.C.
waiver must execute and record a notarized affidavit under penalty of perjury affirming at the time a C of O is requested:
a. No shares or membership interest in the LLC have been sold, transferred or reassigned since the date of the applicable fire.

Owner-Occupied Duplexes

1. The duplex must have been owner-occupied by both parties at the time of the wildfire.

2. Each owner must attest, under penalty of perjury, that they each owned and occupied their respective unit as their primary residence at the time of the fire.

Duplexes without both owners completing and recording the affidavits are ineligible.

3. Both owners must jointly record an affidavit against the property with the Los Angeles County Recorder’s Office affirming these conditions and acknowledging provisions set forth in the adopted Resolution including that any fees that have been waived will have to be refunded before a C of O will be issued if either of the owners sell their interest in the property.

4. The fee waiver may only be granted if both parties meet these requirements in full.

Reimbursement Enforcement

1. If the property is sold prior to the issuance of a Certificate of Occupancy, waived fees are to be reimbursed by new owners within 90 days of the sale date.

2. If the property is sold and waived fees have not been reimbursed to the City, the development process will be halted until waived fees have been reimbursed to the City.

3. A Certificate of Occupancy will not be issued until all waived fees required to be reimbursed have been paid to the City.

4. Additional fee waivers are not permitted for a property sold after the Certificate of Occupancy was issued.

5. The City reserves the right to place a lien on the property for recovery of waived fees if the conditions of the affidavit are violated or the terms and attestations in the affidavit are found to be false.

Restrictions

1. There are no income limits or restrictions as part of this fee waiver program.

2. All fees associated with post-approval revisions to the project’s Planning approval or building permit issuance will be charged in accordance with the City’s Adopted Fee Schedule and such costs are not eligible for fee waivers.

Program Details

Agenda Item # 6.C.

1. The fee waiver is applied at the time applications are submitted.

2. Fees paid by the applicant prior to applying and qualifying for this fee waiver program are eligible for reimbursement, as determined by the City Manager.

Deadlines

1. Applications for the fire damage fee waiver program are due on or before 4 PM on June 30, 2028. The applications must be fully and accurately completed by the applicant and submitted in-person or by email.

2. All required planning applications for the project must be deemed complete by June 30, 2028.

3. All required building permits are obtained by December 30, 2030 (fees will have to be paid for any building permit pulled after December 30, 2030 before it will be issued).

Resolution No. 23-40 adopting the Woosley Fire Fee Waiver program is attached as comparison. Please note that the formatting of the Resolution for the new fee waiver program differs from the Woolsey Fire Fee Waiver program.

Public Purpose
Waiver or reimbursement of building permit fees for homes damaged or destroyed by the Broad, Franklin, and Palisades Fires is supported by a public purpose. Many such purposes exist, including: (1) preserving the overall availability of housing within the City following a disaster, (2) promoting Citywide recovery by reducing barriers to the timely rebuilding of damaged areas, and (3) encouraging fire-resistant, code-compliant construction that reduces the risk of future wildfire spread. These fires significantly reduced the City’s housing stock and impacted the stability of entire neighborhoods.

Facilitating and accelerating safe and efficient rebuilding serves a broad public interest by restoring community function, protecting adjacent properties, promoting public safety, reducing blight, increasing housing stock and affordability, supporting local businesses, increasing the City’s tax base, and strengthening the City’s long-term resilience to wildfires.

SUMMARY: A draft resolution for the proposed Broad, Franklin, and Palisades Fires Fee Waiver Program is attached for Council’s consideration.

ATTACHMENTS:

1. Resolution No. 25-29 – Broad, Franklin, and Palisades Fires Fee Waiver Program

2. Resolution No. 23-40 – Woolsey Fire Fee Waiver Program Attachment 1
RESOLUTION NO. 25-29

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

DIRECTING THE CITY MANAGER TO WAIVE CERTAIN FEES RELATED

TO THE REBUILDING OF STRUCTURES THAT WERE DAMAGED OR

DESTROYED BY THE BROAD, FRANKLIN AND/OR PALISADES FIRES ON

A PROPERTY USED AS A PRIMARY RESIDENCE BY THE OWNER 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.

In the public interest of encouraging the rebuilding of homes in the City that were destroyed in the Broad Fire, Franklin Fire, and Palisades Fire, the City desires to waive certain planning and building permit fees related to rebuilding structures that were damaged or destroyed by those fires.

SECTION 2. Action
The City Council hereby directs the City Manager to waive Planning and building permit fees for projects rebuilding like-for-like or like-for like plus 10% structures damaged or destroyed by the Broad, Franklin, and/or Palisades Fires 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 subject to the following requirements and limitations:

A. Eligibility

1. The waived fees will only be applicable to owners and/or heirs of properties being rebuilt as like-for-like or like-for-like plus 10% which were used as a primary residence by such owners and/or heirs in the Broad Fire area as of November 6, 2024; the Franklin Fire area as of December 9, 2024; and/or the Palisades Fire area as of January 7, 2025.

2. Fire Damage fee waivers shall apply to multi-parcel structures for eligibility purposes, and are not limited solely to the residential parcel.

3. Single-family or duplex structures are eligible for fire damage fee waivers.

No commercial rebuilds are eligible for this fee waiver program.

4. Fee waivers are applicable to City-issued permits for planning approvals, building permits, temporary housing, and for fees associated with time extension requests pursuant to Malibu Municipal Code Section 17.60.020.

5. Fee waivers are limited to damaged or destroyed structures (only like-forlike or like-for-like plus 10%), replacement or upgrade of onsite wastewater treatment systems, seawalls or other permitted infrastructure as required by the City, temporary water tanks or other suppression mechanism, damaged or destroyed accessory structures, hardscaping, and landscaping.

6. City Manager is defined for purposes of this Resolution as the City Manager or his or her designee.

Resolution No. 25-29

_____________________
A. Application Requirements

1. The owner-occupied applicant must be the legal property owner or owner of a controlling interest in an entity (such as an LLC or similar entity) that holds title to the affected property as of the date of the applicable wildfire.

2. Upon request, the applicant must provide documentation establishing ownership, or controlling interest in the entity that owns the property, in the form of a Grant Deed, Operating Agreement, Trust Deed, or other documentation in a form acceptable to the City Manager.

3. The applicant shall, under penalty of perjury, certify that they are the owner of the subject property and occupied the property as their primary residence at the time of the applicable wildfire.

4. Property owners requesting a waiver of fees must demonstrate primary residency at the property destroyed by the Broad, Franklin, or Palisades Fires through documentation such as active voter registration, a valid driver’s license, or other government-issued identification showing the property address, as deemed acceptable by the City Manager. Applicants must also provide proof of identification (if not provided as set forth above) and submit an affidavit on a form provided by the City.

5. The applicant shall execute and record a notarized an affidavit with the Los Angeles County Recorder’s Office, under penalty of perjury, affirming controlling ownership of the subject property, that they occupied the subject property at the time of the wildfire as their primary residence, and acknowledging provisions set forth in the adopted Resolution.

6. If a property owner is determined to be ineligible for the fire damage fee waiver at any point and repays all previously waived fees, the City shall issue written confirmation of repayment as determined by the City it its sole discretion. If an affidavit was recorded, it shall be the sole responsibility of the property owner to prepare a release, notice of satisfaction, or other similar instrument in a form acceptable to the City.

The City shall review the owner's prepared document and, if all requirements are met as determined by the City, the City will execute the document. The property owner shall bear sole responsibility for all recording costs and for ensuring that the executed document is properly recorded with the Los Angeles County Recorder’s Office. The property owner shall provide a copy of the filed release document to the City upon acceptance by the Recorder's Office."
Resolution No. 25-29

_____________________
B. Requirements for Properties Owned by a Limited Liability Company or Corporation For properties held in the name of a Limited Liability Company (LLC) or corporation:

1. Affidavit Requirement
Both the managing member and member of the LLC applying for the fee waiver must execute and record a notarized affidavit under penalty of perjury affirming:
a. Ownership of controlling interest in property at the time of the applicable fire.
b. That the applicant/member occupied the property as their primary residence at the time of the wildfire.
c. No shares or membership interests in the LLC will be sold, transferred, or reassigned during the course of the rebuild of the residence. d. If such a transfer occurs before completion and final inspection of the rebuilt residence, the LLC will be obligated to reimburse the City of Malibu for all previously waived fees.
e. Proof of identification and proof of primary residence as described in Application Requirements shall be an exhibit to the affidavit.

2. Recordation
a. The affidavit shall be recorded as a covenant against the property with the Los Angeles County Recorder’s Office prior to applying for the fee waiver program.
b. The covenant will run with the land and be binding on all successors in interest.

3. Second Affidavit Requirement
The managing member and member of the LLC or corporation applying for the fee waiver must execute and record a notarized affidavit under penalty of perjury affirming at the time a Certificate of Occupancy is requested:
a. No shares or membership interest in the LLC have been sold, transferred or reassigned since the date of the applicable fire.

D. Owner-Occupied Duplexes

1. The duplex must have been owner-occupied by both parties at the time of the wildfire.

2. Each owner must attest, under penalty of perjury, that they each owned and occupied their respective unit as their primary residence at the time of the fire.

3. Both owners must jointly record an affidavit against the property with the Los Angeles County Recorder’s Office affirming these conditions and acknowledging provisions set forth in the adopted Resolution including Resolution No. 25-29

_____________________
that any fees that have been waived will have to be refunded before a Certificate of Occupancy will be issued if either of the owners sell their interest in the property.

4. The fee waiver may only be granted if both parties meet these requirements in full.

E. Reimbursement Enforcement

1. If the property is sold prior to the issuance of a Certificate of Occupancy, waived fees are to be reimbursed by new owners if the property is sold within 90 days of the sale.

2. If the property is sold and waived fees have not been reimbursed to the City, the development process will be halted until waived fees have been reimbursed to the City.

3. A Certificate of Occupancy will not be issued until all waived fees required to be reimbursed have been paid to the City.

4. Additional fee waivers are not permitted for a property sold after the Certificate of Occupancy was issued.

5. The City reserves the right to place a lien on the property for recovery of waived fees if the conditions of the affidavit are violated or the terms and attestations in the affidavit are found to be false F. Restrictions

1. There are no income limits or restrictions as part of this fee waiver program.

2. All fees associated with post-approval revisions to the project’s Planning approval or building permit issuance will be charged in accordance with the City’s Adopted Fee Schedule and such costs are not eligible for fee waivers.

G. Program Details

1. The fee waiver is applied at the time applications are submitted.

2. Fees paid by the applicant prior to applying and qualifying for this fee waiver program are eligible for reimbursement, as determined by the City Manager.

H. Deadlines

1. Applications for the Fire Damage fee waiver program are due on or before 4 PM on June 30, 2028. The applications must be fully and accurately completed by the applicant and submitted in-person or by email.

2. Required planning applications for the project are deemed complete by June 30, 2028.

Resolution No. 25-29

_____________________

3. All required building permits are obtained by December 30, 2030 (fees will have to be paid for any building permit pulled after December 30, 2030 before it will be issued).

SECTION 3. Environmental Review.

The Council finds that the adoption and implementation of this 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 Resolution may have a significant effect on the environment, section 15064(e) which exempts purely economic regulations, and Public Resources Code Section 21080(b)(4) regarding actions to mitigate or prevent an emergency.

SECTION 4. Public Purpose.

Waiver or reimbursement of planning and building permit fees for homes damaged or destroyed by the Broad, Franklin and/or Palisades fires serve the following public purposes: 1) preserving the overall availability of housing within the City following a disaster; 2) promoting Citywide recovery by reducing barriers to the timely rebuilding of damaged areas; and 3) encouraging fire-resistant, code-compliant construction that reduces the risk of future wildfire spread. Facilitating and accelerating safe and efficient rebuilding serves a broad public interest by restoring community function, protecting adjacent properties, promoting public safety, reducing blight, increasing housing stock and affordability, supporting local businesses, increasing the City’s tax base and strengthening the City’s long-term resilience to wildfires.

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

SECTION 6. This Resolution shall become effective immediately upon its passage and adoption.

PASSED, APPROVED, and ADOPTED this 14th of July 2025.
_____________________________
MARIANNE RIGGINS, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
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 2
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 # 6.D.

Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Cynthia Alba, Management Analyst
Reviewed by: Richard Rojas, Interim Deputy City Manager Approved by: Candace Bond, Interim City Manager
Date prepared: July 08, 2025 Meeting date: July 14, 2025 Subject: Revision of the Small Business Micro Stabilization Grant Program Criteria
RECOMMENDED ACTION: Approve the use of the proposed updated criteria for the Small Business Micro Stabilization Grant Program as proposed by the City Council Administration and Finance Subcommittee.

FISCAL IMPACT: No additional appropriation is required. Funding for this project was included in the Adopted Budget for FY 2024-25 and will be carried over to the FY 2025-26 budget year in Account No. 100-7001-5930-04 (Community Grants – Business Grants).

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: At its April 28, 2025 meeting, the City Council approved the creation of the Small Business Micro Stabilization Grant Program to assist local businesses impacted by the recent fires, winter storms, and prolonged Pacific Coast Highway (PCH) closure.

The Council allocated $300,000 from the General Fund to provide grants ranging from $5,000 to $20,000 and authorized the Administration and Finance Subcommittee to grant these funds. Applications were accepted between May 1, 2025 through May 31, 2025. The City received 157 applications totaling $2,816,762 (Attachment One).

City Council Meeting
07-14-25
Item

6.D.

Agenda Item # 6.D.

The City Council Administration and Finance Subcommittee convened on July 7, 2025, to review the fund allocation procedures of the Small Business Micro Stabilization Grant Program. Following its deliberations, the Subcommittee recommended updates to the award criteria. In summary, the updates are as follows:
• The business must be located and operating within the Malibu City Limits. • One year or more of operation in the City with easy and active public access to their business location.
• The business must be in operation at the time the grant is awarded. • The amount of the grant should be balanced with the applicant’s statement of need and/or use of the funds.
• Larger grants are possible when a larger number of employees are employed in Malibu by the business.

The complete list of proposed updates is detailed in Attachment One.

Upon City Council approval of the Subcommittee’s recommendations, the Subcommittee will reconvene in the next two weeks, with the goal of finalizing their recommendations and distributing funds as soon as possible.

ATTACHMENTS:

1. Administration and Finance Subcommittee Proposed Updated Criteria

2. List of Small Business Micro Stabilization Grant Applicants Micro Grant Criteria – DRAFT
July 7, 2025
Administration and Finance Subcommittee
Primary Objective:

To assist Malibu businesses to remain open when impacted by the Palisades, Franklin, or Broad fires.

Criteria For Approval:

1. Consistent generator of sales tax revenue for the City of Malibu.

2. The business must be located and operating within the Malibu City Limits.

3. One year or more of operation in the City with easy and active public access to their business location.

4. The purpose is to help businesses remain open following the recent fires. Therefore, grant funds should be used as financial assistance—not as a form of investment or to replace the owner’s own capital contribution into the business.

5. The business must not operate more than three locations of the same or similar type, and must not be regulated under Malibu’s formula retail ordinance.

6. The business must not have any current violations of Malibu’s zoning or municipal code.

Criteria For Denial

1. Construction rehab or similar businesses and those who work there, even as independent contractors, are not eligible.

2. Employees or independent contractors of a business are not eligible. The business should be making the application for a grant.

3. The business must be in operation at the time the grant is awarded.

4. Residential or commercial rental property operators are not eligible. This includes short-term rental operators.

Criteria For Size of Grant

1. The amount of the grant should be balanced with the applicant’s statement of need and/or use of the funds.

2. Minimum grant size is $5,000 or one month's lease rate, whichever is less.

3. The maximum grant size is $20,000.

4. Entities with common ownership shall be eligible for a single grant award. Multiple grants will not be permitted.

Business Name Business Address
Total
Requested
19742 Pacific Coast HWY
LLC
19742 Pacific coast highway Malibu CA
90265 United States
$20,000
90265 Medical
23661 Pacific Coast Highway Malibu
California 90265 United States
$20,000
911 Mobile Mechanic
23402 Civic Center Way Malibu California
90265 United States
$20,000
99 High Tide Malibu
22775 Pacific Coast Hwy Malibu California
90265 United States
$20,000
A Call 2Peace Foundation
29160 Heathercliff Rd #4033 Malibu CA
90264 United States
$18,000
A Divine Sensation
Professional Massage
Therapy
3927 Las Flores Canyon Road Malibu CA
90265 United States
$16,500
Abierto
29169 Heathercliff Road #111 Malibu
California 90265 United States
$10,000
AJK NOI, LLC dba OLLO
23750 PACIFIC COAST HWY MALIBU CA
90265 United States
$20,000
Alissa Koritsoglou
20729 Rockcroft Drive Malibu California
90265 United States
$20,000
Ambience Medispa Inc.
23410 Civic Center Way Suite E2 23410
Civic Center Way Suite E2 Malibu CA 90265
United States
$20,000
Annika West
17730 Posetano Road Pacific Palisades
CA 90272 United States
$5,000
Asai LLC dba KENZAN
3728 Cross Creek Rd Malibu CA 90265
United States
$20,000
Auracle Productions
29500 Heathercliff Rd Spc 44 Malibu CA
90265 United States
$7,500
Bamboo fountain spa
21241 Pacific Coast highway blvd Malibu
CA 90265 United States
$6,000
Barefoot Dreams, INC
5302 Derry Ave Ste D Agoura Hills
California 91301-6025 United States
$20,000
Beaton Orthopedic
Physical Therapy Malibu
Rehabilitation Center
24955 Pacific Coast Hwy, Ste. C-102
Malibu CA 90265 United States
$20,000
Beyond Art LLC
6483 Zuma View Place #104 Malibu CA
90265 United States
$20,000
BLEUSALT Retail, LLC
9200 SUNSET BLVD SUITE 600 LOS
ANGELES CA 90069 United States
$20,000
Business Name Business Address
Total
Requested
blue malibu
21219 pacific coast highway malibu CA
90265 United States
$20,000
Bravo Tech
20616 Seaboard rd Malibu CA 90265
United States
$6,200
Broad street oyster
company
23359 Pacific Coast hwy #3874a Malibu
CA 90265 United States
$20,000
Bunce Bakes, LLC
20710 Pacific Coast Highway Apt. 8 Malibu
CA 90265 United States
$5,000

CAFAM ENTERPRISES INC
,DBA: National parking
services
20356 Pacific Coast Hwy, Malibu, CA
90265 20356 Pacific Coast Hwy, Malibu CA
90265 United States
$15,000
Cavalleri Holding
Company, LLC
21355 Pacific Coast Highway Malibu CA
90265 United States
$20,000
Cesar Athletics
23708 Malibu Road Malibu California
90265 United States
$20,000
Chelle Services LLC
19562 Pacific Coast Hwy Apt P288 Malibu
Ca 90265 United States
$20,000

CHOLADA CORPORATION
18763 Pacific Coast Hwy Malibu California
90265 United States
$20,000
Cie Salon
3835 Cross Creek Rd. Ste 22 Malibu CA
90265 United States
$20,000
Colony Cleaners
3890 Cross Creek Rd Malibu CA 90265
United States
$20,000
Colony House Liquor, Inc.
22523 Pacific Coast Highway Malibu CA
90265 United States
$20,000
Conscious Contact
Entertainment
20632 Big Rock Drive. Malibu California
90265 United States
$20,000
Country Kitchen
21239 PCH Pacific Coast Hwy Malibu CA
90265 United States
$15,000
Country liquor store
21227 pacific coast Malibu Ca 90265
United States
$20,000
CROWN
23410 Civic Center Way 23410 Civic
Center Way MALIBU CA 90265 United
States
$20,000
Cure Concierge Inc
22917 Pacific Coast Highway Suite 230
MALIBU CA 90265-4825 United States
$20,000
Daily Calm Wellness
23410 Civic Center Way, E-1 Malibu
Country Mart Malibu CA 90265 United
States
$10,000
Business Name Business Address
Total
Requested

DARLAJONESLLC
835 Wilshire Blvd, Los Angeles Los
Angeles, CA, USA CA 90017 United States
$20,000
David Noorvash MD
Medical Corporation
3618 Surfwood Road Malibu CA 90025
United States
$20,000
DIRK BRAUN gallery
23708 Malibu Road Malibu CA 90265
United States
$20,000
Divine Imaging, Inc
21323 Pacific Coast Hwy Suite 101 Malibu
CA 90265 United States
$20,000
Dominick Photography Inc
DBA Modern Garden
5940 Clover Heights Avenue Malibu CA
90265 United States
$20,000
Door To Door Valet
Cleaners
23401 Civic Center Way #4G Malibu CA
90265 United States
$20,000
Dr. Kristel Hart, an
Acupuncture Corp
22351 Pacific Coast Highway Unit A Malibu
CA 90265 United States
$20,000
eBrand
23823 Malibu Road Malibu CA 90265
United States
$20,000
Eliot Beauty
23823 MALIBU RD. #200 MALIBU CA
90265 US Minor Outlying Islands
$20,000
ENCORE
3900 CROSS CREEK ROAD SUITE 7 MALIBU
CA 90265 United States
$20,000
Ethan Enterprises
1982 North McArthur Avenue Clovis
CALIFORNIA 93619 United States
$5,000
Five Sense Collective
20178 Rockport Way Malibu CA 90265
United States
$20,000
Fred Segal Home
3822 Cross Creek Rd Malibu California
90265 United States
$20,000

GAN MALIBU PRESCHOOL

AND INFANT CENTER

GAN MALIBU EARLY CHILDHOOD CENTER
22933 PACIFIC COAST HIGHWAY MALIBU
CA 90265 United States
$20,000
Glamifornia
21323 Pacific Coast Highway Suite 103
MALIBU CA 90265 United States
$20,000
Gluten Free Goddess
Bakery
29160 Heathercliff Road #4033 #103
Marina Del Rey Malibu 90264 United States
$20,000
Good Point Pilates
29169 Heathercliff RD Suite 217 Malibu CA
90265 United States
$20,000
Business Name Business Address
Total
Requested
Gravina Malibu
28925 Pacific Coast Highway Malibu
California 90265 United States
$20,000
Hair by Jayme HB
7562 Ellis Ave Huntington beach Ca 92648
United States
$8,500
Hairacana Salon
21355 Pacific Coast Highway #101A
Malibu CA 90265 United States
$20,000
Hollywood Portfolio
20380, Big Rock Drive Big Rock Drive
Malibu CA 90265 United States
$20,000
Howdy 14 LLC
23401 Civic Center Way Suite 3A Malibu CA
90265 United States
$20,000
Hydrotherapy
24995 Pacific Coast Hwy Malibu California
90265 United States
$20,000

INOCHI BODYSPACE
28990 Pacific Coast Highway Suite 215
Malibu CA 90265 United States
$20,000
Instacart/DBA Maple Bear
12001 vista del mar 104 Playa del Rey
California 90293 United States
$20,000
Janet Graham, M.A.,
M.F.T., Inc.

Janet Graham 2185 Rambla Pacifico
malibu CA 90265 United States
$20,000

JOHN'S GARDEN
3835 cross creek rd 1 Malibu CA 90265 US
Minor Outlying Islands
$20,000
Joseph’s flavor odyssey
23401 Cross Creek Rd Bldg 1 Malibu Ca
90265 United States
$15,000

JQB GLOBAL LLC
21533 Paseo Serra St Malibu Ca 90265
United States
$15,000
Just Honey Do It, Inc.
21455 Calle Del Barco Malibu CA 90265
United States
$5,000
K Chocolatier
3835 Cross Creek Road Unit 2A Malibu CA
90265 United States
$20,000
Kanan Dume Inc
21237 East Pacific Coast Highway Malibu
CA 90265 United States
$20,000
La&j wicks
17060 Livorno dr Pacific palisades Ca
90272 United States
$20,000
Las Flores Corp.
3872 las flores canyon 4 malibu California
90265 United States
$18,000
Leelawadee Relexology
22837 Unit C Pacific Coast HWY Malibu CA
90265 United States
$20,000
lily malibu
29211 Heathercliff Heathercliff Rd Mabilu
California 90265 United States
$20,000
Business Name Business Address
Total
Requested
Local Authority, LLC
3939 Cross Creek Road Suite D150 Malibu
CA 90265 United States
$20,000
Made with Love Malibu
21533 Deerpath Lane 211a Malibu
California 90265 United States
$20,000
Madison Et Cie Inc.
3835 Cross Creek Road, Unit 5 Malibu CA
90265 United States
$20,000
Malibu Auto Care
Specialists Inc
23670 Pacific Coast Hwy Malibu CA 90265
United States
$20,000
Malibu Barbershop
22635 Pacific Coast HighwayY Malibu
California 90265 United States
$20,000
Malibu Bliss Inc.
26664 Seagull Way B114 Malibu CA 90265
United States
$5,000
Malibu Bliss Massage &
Spa, Inc.
22637 Pacific Coast Hyw Malibu CA 90265
United States
$20,000

MALIBU CIGAR LOUNGE
22631 PCH moorpark California MALIBU
90265 United States
$20,000

MALIBU COLONY LLC
(DBA: The Malibu Colony
Company)
3835 Cross Creek Rd. #8 MALIBU CA
90265-4978 United States
$20,000
Malibu Divers, Inc.
21231 Pacific Coast Hwy Malibu CA 90265
United States
$20,000
Malibu Dog Hotel
3946 Puerco Canyon Rd Malibu Ca 90265
United States
$20,000
Malibu Escrow Corp.
22241 Pacific Coast Highway Suite A
Malibu, CA 90265 MALIBU CA 90265
United States
$20,000
Malibu Farm Cafe
23000 Pacific Coast Highway Building C
Malibu California 90265 United States
$20,000
Malibu Farm Restaurant at
the Pier
23000 Pacific Coast Highway Bldg A
Malibu California 90265 United States
$20,000
Malibu Gallery
22625 Pacific Coast Hwy Malibu California
90265 United States
$20,000
Malibu Grooming Co
23410 Civic Center Way Suite D-7 Malibu
California 90265 United States
$15,000
Malibu Medial Corporation
23661 Pacific Coast Highway Malibu
California 90265 United States
$20,000
Malibu Newsstand
23717 1/2 Malibu Rd Malibu CA 90265
United States
$12,500
Business Name Business Address
Total
Requested
Malibu Seafood INC
25653 Pacific Coast Hwy Malibu CA 90265
United States
$20,000
Malibu Strength and
Conditioning Inc
3738 Cross Creek Road Malibu CA 90265
3738 Cross Creek Road Malibu CA 90265
United States
$20,000
Malibu Under the Oaks
Preschool
3480 Las Flores Cyn Rd Malibu CA 90265
United States
$20,000
Malibu Village Books
23359 Pacific Coast Hwy #23359 Malibu
CA 90265 United States
$20,000

MALIBU YOGURT AND ICE
CREAM
23755 MALIBU RD # 600 MALIBU
CALIFORNIA 90265 United States
$10,000
Malibuluxe Coastal
Homes
30765 Pacific Coast Hwy 498 Malibu CA
90265 United States
$20,000
Manzanita rental
1745 manzanita park Malibu California
90265 United States
$20,000

MMK ENTERPRISES INC
(Malibu Mart)
21216 Pacific Coast Highway, Malibu Ca
90265 21216 Pacific Coast Highway Malibu
California 90265 United States
$20,000

MOMGEVITY
23465 Civic Center Way Building 9 Malibu
Calfornia 90265 United States
$10,000

MY ILLUSION

LANDSCAPES
16001 PACIFIC COAST HIGHWAY 18 Copra
Lane PACIFIC PALISADES CA 90272 United
States
$20,000
Myra Burg (aka Quiet
Oboes, although this is not
a dba)
3890 Rambla Orienta Malibu, CA 90265
Malibu CA 90265 United States
$20,000
Nati Trancas Malibu Inc
(Nati Boutique)
3835 Cross Creek Rd Space Space 14
Malibu California 90265 United States
$20,000
Neil Sebba
7316 Birdview Ave Malibu California 90265
United States
$10,000
Nothing is Written
Publishing
23717 1/2 Malibu Road C/O Malibu
Newsstand Malibu CA 90265 United States
$10,000
Pacific Coast Pets, Inc.
23705 Malibu Rd Suite 300 Malibu CA
90265 United States
$17,561.86
Pacific Services/Pacific
Window Washing
PO Box 158 Malibu, CA 90265 US PO Box
158 Malibu CA 90265 United States
$20,000
Business Name Business Address
Total
Requested
Pamela Keeler
A.K.A.Pamela Dean/
Instacart/DBA maple bear
1500 Hughes way A100 Long Beach
California 90810 United States
$20,000

PCH MAG LLC
723 Radcliffe Ave Pacific Palisades CA
90272 United States
$20,000
PCH Malibu, LLC dba
Malibu Beachside Sober
Living, Sober Living of
Malibu
21420 Rambla Vista Malibu CA 90265
United States
$20,000
Peter Pan Quality Home
Repair
1836 Palisades Drive Pacific Palisades CA
90272 United States
$20,000
Peterson Enterprises,
LLC/Geoffrey's Malibu,
dba
27400 Pacific Coast Hwy, #12 Malibu CA
90265 United States
$20,000
Pistol & Lucy
21221 pacific Coast HighwY Malibu
California 90265 United States
$20,000
Pitabu
22935 PACIFIC COAST HWY MALIBU
California 90265 United States
$20,000
Prana by Lana
16618 Marquez Ave Pacific Palisades CA
90272 United States
$20,000

PRINCESITAS DISCOUNT
STORE
1490 PALISADES DR Pacific Palisades CA
90272-2161 United States
$8,000

RAFI LOUNGE
22741 Pacific Palisades Malibu california
90265 United States
$20,000
Ranch at the Pier
23000 Pacific Coast Hwy Suite D Malibu CA
90265 United States
$20,000
RBM Studio
RBM Studio 26500 Agoura Rd Ste 102 CA
Calabasas United States
$20,000
RdS DESIGN
22227 Pacific Coast Hwy Malibu California
90265 United States
$20,000

RES IPSA
3826 Cross Creek Road Malibu CA 90265
United States
$10,000
Resonating Earth
28850 Grayfox Street Malibu CA 90265
United States
$7,000
Salon by the Sea
28925 Pacific Coast Highway #100 Malibu
California 90265 United States
$10,000
Salon Jazmeina
29575 Pacific Coast Highway Suit M Malibu
California 90265 United States
$18,000
Business Name Business Address
Total
Requested
Salt Salon Malibu
29169 Heathercliff RD STE #220 Malibu CA
90265 United States
$20,000
Sara Gepp DBA Close to
the Earth
3728 Cross Creek Road Malibu CA 90265
United States
$20,000
Scott's Malibu Market
3900 Cross Creek Rd, Ste 3 Malibu CA
90265 United States
$20,000
Sea Lily Malibu
6444 Trancas Canyon Rd Malibu CA 90265
United States
$15,000
Seven Star Wr Massage -
Joy Massage
1944 Corral Canyon Road Malibu
California 90265 United States
$8,000
Sevenfifty Enterprises dba
Kristy's Village Cafe
30745 Pacific Coast Hwy Bldg B Malibu CA
90265 United States
$20,000
Summer Somewhere
Wines
3822 Cross Creek Rd. Unit #3822 Malibu
CA 90265 United States
$20,000

SUNROOM
3900 Cross Creek Rd 3-A Malibu CA 90265-
4944 United States
$20,000

SUPER CARE DRUGS
23661 PACIFIC COAST HWY MALIBU CA
90265 United States
$20,000
Surfing Cowboys LLC
3844 Cross Creek Road Maliu CA 90265
United States
$20,000
Temporarily On Leave
3730 Cross Creek Rd Malibu CA 90265
United States
$20,000
Teressa Foglia
3824 Cross Creek Rd MALIBU CA 90265
United States
$20,000
the Alcove Stores Inc
3838 Cross Creek Rd Malibu CA 90265
United States
$20,000
The Confident Mind
21225 Pacific Coast Highway A Malibu
California 90265 United States
$5,000

THE COUNTRY KITCHEN
21239 Pacific Coast Hwy Malibu CA 90265
United States
$20,000
The country store / pch
malibu properties llc 21227 pch Malibu Ca 90265 United States $20,000
The Malibu Motel
22541 Pacific Coast Highway Malibu CA
90265 United States
$20,000
The MINDRY LLC
3874B Cross Creek Rd Malibu CA 90265
United States
$20,000
The Sunset Restaurant
6800 Westward Beach Road Malibu
California 90265 United States
$20,000
Business Name Business Address
Total
Requested
The Sycamore School, Inc.
3504 Las Flores Canyon Road Malibu
California 90265 United States
$20,000
The UPS Store #6370
23823 Malibu Road Suite 50 Malibu
California Malibu United States
$20,000
Thomas J. Drury dba Chef
Thomas
23231 Palm Canyon Ln, Unit #3 Malibu CA
90265 United States
$20,000

TRA DI NOI
3835 Cross creek rd #8a Malibu CA 90265
United States
$20,000
Traveler Surf Club &
Coastal Outpost
3862 Cross Creek Rd Malibu CA 90265
United States
$20,000

TRIANGLE HOLDING
COMPANY, INC., DBA:

CREO ARTHOUSE
3835 CROSS CREEK RD., UNIT 23 MALIBU
CALIFORNIA 90265 United States
$20,000
v v vape
22627 pacific coast highway santa monica
ca 90265 United States
$15,000
Valley Star Property
Investments
22147 Pacific Coast Highway Malibu
California 90265 United States
$20,000
Veritas Yoga, LLC
2341 Civic Center Way Malibu California
90265 United States
$20,000
VIBAe USA Inc
3884 Cross Creek rd malibu CA 90265
United States
$20,000
Violet Salon ( Malibu Hair
Ext. Co. Llc)
22653 pacific coast highway Suite 10
Malibu Ca 90265 United States
$20,000
Vivid Candi, Inc.
22917 Pacific Coast Highway, Suite 200
Malibu CA 90265 United States
$20,000
V's restaurant
22821 Pacific Coast Hwy Malibu California
90265 United States
$20,000
Yoga Rejuvenates
(Michael Manfredo)
30765 Pacific Coast Hwy #153 Malibu
CALIFORNIA 90265 United States
$10,000

ZUMA WELLNESS
29160 HEATHERCLIFF RD. SUITE 201
MALIBU CA 90265 United States
$20,000
Total Requested $2,816,762

Agenda Item # 7.A.

Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Luis Flores, Public Safety Coordinator
Reviewed by: Susan Dueñas, Public Safety Director
Approved by: Candace Bond, Interim City Manager
Date prepared: June 20, 2025 Meeting date: July 14, 2025 Subject: Temporary, Year-Round, Day Use Impound Site
RECOMMENDED ACTION: 1) Review the Public Safety Commission’s recommendation for a temporary, year-round, day-use impound site; and 2) Provide direction to staff, if appropriate.

FISCAL IMPACT: No additional appropriation is required. Sufficient funding to cover the costs for fencing and brush clearance (approximately $6,000) is included in the Adopted Budget for FY 2025-26 in Account No 100-7021-5100-00 (Professional Services). Towing revenue may increase modestly as a result of this action.

STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2024-25 Strategic Priority Project List.

DISCUSSION: It is common for visitors to park their vehicles in prohibited areas for convenient access to various public areas within the City. This frequently creates public safety hazards and negatively impacts neighborhoods. Unfortunately, parking tickets alone are not always enough to discourage people from parking illegally. However, being able to tow illegally parked cars is an effective deterrent and crucial for maintaining public safety, ensuring smooth traffic flow, and preventing potential hazards. To support this strategy, the City currently implements a summer impound site at Malibu High School.

Although the need for a day-use impound site is especially acute during the summer months, the need exists year-round. In addition, with the long-term construction activity that will take place along Pacific Coast Highway (PCH) in eastern Malibu, it would be beneficial to have a centrally located impound site. With only two lanes available in each City Council Meeting
07-14-25
Item

7.A.
1

Agenda Item # 7.A.
direction, and sometimes one lane when construction requires a lane closure, it will be critical to have quick towing capabilities after a vehicle collision or when a car breaks down in the affected area. Having a location in central Malibu where tow trucks can be staged will provide a quicker response and speed up the Sheriff’s Department’s ability to clear the road and get traffic moving.

The Sheriff’s Department’s current ability to tow vehicles is limited by the distance tow trucks must travel to transfer a vehicle to an impound yard and the time it takes for a tow truck to arrive, which can take as long as an hour one way. This significantly reduces the number of vehicles that can be towed throughout the day and greatly impacts a Deputy’s towing capabilities. Having a day-use impound site to stage tow trucks and temporarily hold vehicles within the City significantly increases the number of vehicles that can be towed while greatly reducing the amount of time a Deputy spends coordinating a tow. With a day-use impound site, all cars that have not been retrieved at the end of the day are transferred to a permanent impound yard outside of the City.

The Public Safety Commission’s Assignments for FY 2023-24 and 2024-25, as adopted by the City Council, included identifying “a permanent location for an impound site.” During the May 15, 2024, Regular Commission Meeting, the Commission discussed various options and ultimately recommended that a portion of the City-owned property located at Civic Center Way and Stuart Ranch Road (Chili Cook-Off site) be used as a temporary, year-round, day-use impound site. The Commission also recommended that it not exceed 20,000 square feet of the 9.5-acre site, and “temporary” means no permanent structures would be installed. A 20,000-square-foot space would accommodate approximately 65 cars, which is within the average number of cars towed daily during the summer months.

When the Commission made the recommendation in 2024, the City was launching a robust outreach and engagement program to collect feedback on the future use of the various City-owned vacant parcels. Therefore, the recommendation to use a portion of the Chili Cook-Off site was temporarily put on hold. However, based on the current situation and public safety needs, this recommendation is now being brought forward. The Commission is sensitive to the fact that the community may want to use this space for a different use in the future. Therefore, they recommended that nothing be permanently installed on the land while being used as an impound site.

If approved by the Council, the impound site would be placed on the upper half of the vacant lot (Attachment 1) to accommodate the Public Works equipment currently being stored in the lower half of the lot. The impound site would be enclosed within a privacyscreened fence, have a marked entry and exit, utilize floor pans to prevent oil spills on the soil, and be staffed at all times to prevent theft and other criminal activity. No permanent structures will be installed on the premises to allow for flexibility in future use of the lot. 2

Agenda Item # 7.A.

Alternatives:
1) Take no action and direct staff to continue with just the Summer impound site at Malibu High School.
2) Direct staff to identify a different location for a year-round impound site.

ATTACHMENTS: Map of proposed impound site
3 Map of Proposed Day-Use Impound Site
4 Attachment 1