(floor to ceiling height dimension) above six feet.” However, section 1208.2 of the CBC states “Occupiable spaces, habitable spaces and corridors shall have a ceiling height of not less than 7 feet 6 inches above the finished floor. Bathrooms, toilet rooms, kitchens, storage rooms and laundry rooms shall have a ceiling height of not less than 7 feet above the finished floor.”
Additionally, Section R305.1 of the 2022 California Residential Code (CRC), which applies to one- and two-family dwellings, states, “Habitable space, hallways and portions of basements containing these spaces shall have a ceiling height of not less than 7 feet. Bathrooms, toilet rooms and laundry rooms shall have a ceiling height of not less than 6 feet 8 inches.” The City of Malibu Municipal Code does not include amendments to these provisions pursuant to section 1.8.6 of the CBC and may not erroneously apply it exclusively to the construction of ADUs. Therefore, the City must amend this section to reflect a size calculation that is consistent with the CBC/CRC.
9. Section 17.44.090 (A)(2), (A)(3) – Size, Attached – The Ordinance states, “An ADU that is attached to the primary dwelling is limited to 50 percent of the existing primary dwelling …. Application of other development standards in this Section 17.44.090 might further the [sic] limit the size of the ADU, but no application of an FAR, frontsetback, lot-coverage, or open-space requirement may require the ADU to be less than 800 square feet.” However, Government Code section 66321, subdivision (b)(3) states, “a local agency shall not establish by ordinance… Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.” An attached ADU may be 800 square feet in size regardless of the size of the primary unit, as long as it remains compliant with other objective development standards other than those listed. Restricting the size of attached ADUs to less than 800 square feet directly conflicts with Government Code section 66321, subdivision (b)(3). Therefore, the City must amend this section to reflect the 800 square foot exemption.
10. Section 17.44.090 (D)(2) – Parking Exceptions – The Ordinance states, “No parking under subsection (E)(1)[sic] above is required in the following situations…” However, there is no subsection (E)(1) to reference. The general parking standards appear to be subsection (D)(1). Therefore, the City should amend this section to correct the reference.
78 Salvador Lopez Jr., Interim Assistant Planning Director
Please note that the City has two options in response to this letter.1 The City can either amend the Ordinance to comply with State ADU Law2 or adopt the Ordinance without changes and include findings in its resolution adopting the Ordinance that explain the reasons the City believes that the Ordinance complies with State ADU Law despite HCD’s findings.3 If the City fails to take either course of action and bring the Ordinance into compliance with State ADU Law, HCD must notify the City and may notify the California Office of the Attorney General that the City is in violation of State ADU Law.4 HCD appreciates the City’s efforts in the preparation and adoption of the Ordinance and welcomes the opportunity to assist the City in fully complying with State ADU and JADU Law. Please feel free to contact Tyler Galli, of our staff, at (916) 776-7613 or at [email protected].
Sincerely,
Jamie Candelaria
Senior Housing Accountability Manager
Housing Policy Development Division
Enclosure
1 Gov. Code, § 66326, subd. (c)(1).
2 Gov. Code, § 66326, subd. (b)(2)(A).
3 Gov. Code, § 66326, subd. (b)(2)(B).
4 Gov. Code, § 66326, subd. (c)(1).
79 State ADU/JADU Law Statutory Conversion Table
New Government Code Sections Previous Government Code Sections Article 1. General Provisions
66310 65852.150 (a)
66311 65852.150 (b)
66312 65852.150 (c)
66313 General Definition Section
65852.2 (j)
65852.22 (j)
Article 2. Accessory Dwelling Unit Approvals
66314 65852.2(a)(1)(A), (D)(i)-(xii), (a)(4)-(5)
66315 65852.2 (a)(8)
66316 65852.2 (a)(6)
66317 65852.2 (a)(3), (a)(7)
66318 65852.2 (a)(9), 65852.2 (a)(2)
66319 65852.2 (a)(10)
66320 65852.2 (b)
66321 65852.2 (c)
66322 65852.2 (d)
66323 65852.2 (e)
66324 65852.2 (f)
66325 65852.2 (g)
66326 65852.2 (h)
66327 65852.2 (i)
66328 65852.2 (k)
66329 65852.2 (l)
66330 65852.2 (m)
66331 65852.2 (n)
66332 65852.23.
Article 3. Junior Accessory Dwelling Units
66333 65852.22 (a)
66334 65852.22 (b)
66335 65852.22 (c)
66336 65852.22 (d)
66337 65852.22 (e)
66338 65852.22 (f)-(g)
66339 65852.22 (h)
Article 4. Accessory Dwelling Unit Sales
66340 65852.26 (b)
66341 65852.26 (a)
66342 65852.2 (a)(10)
80 Summary of ADU State Law Changes
The following summarizes recent State laws governing accessory dwelling units that require amendments to MMC Chapter 17.44 to maintain consistency with State law.
AB 462 – Coastal Development Permits; Disaster-Affected Areas Existing law requires many ADUs proposed in the Coastal Zone to obtain a Coastal Development Permit (CDP) in addition to other local ADU permit requirements. Historically, the CDP for an ADU was not subject to state ADU law’s 60-day shot clock to approve or deny a complete ADU application. Additionally, local permitting decisions on a CDP for an ADU could be appealed to the California Coastal Commission if the underlying property was subject to the Coastal Commission’s appeals jurisdiction (as set forth in Public Resources Code 30603).
AB 462 alters the status quo on numerous fronts. Most notably, local agencies with a certified local coastal program (LCP) must now approve or deny a CDP application for an ADU within 60 days of receiving a complete application. The local agency’s review of the CDP application must also take place “concurrently with the process to approve or deny” any other permit required to approve the ADU (i.e., an ADU permit and building permit). (Gov. Code, § 66329(a).) AB 462 also eliminates the ability to appeal a CDP for an ADU to the Coastal Commission. If a local agency does not have a certified LCP, then it now must “immediately notify” the Coastal Commission when an ADU application is submitted. Subject to limited exceptions, the Coastal Commission’s review of the CDP application is subject to the same 60-day shot clock that applies to local agencies with a certified LCP. (Id., at (b)(1)-(5).)
Beyond changes to CDP processing, AB 462 modifies the rules governing the issuance of a certificate of occupancy (CofO) for an ADU. Historically, state law has prohibited a local agency from issuing a CofO for an ADU before one is issued for the primary dwelling (i.e., the primary dwelling must have a CofO before the ADU can receive one).
AB 462 creates a narrow exception to this prohibition for detached ADUs when all of the following conditions are satisfied: (1) the Governor has declared a state of emergency for the county on or after February 1, 2025; (2) the primary dwelling was substantially damaged or destroyed by an event referenced in the state of emergency proclamation; and (3) the ADU has been issued construction permits and passed all required inspections. (Gov. Code, § 66328(b).) If these conditions are satisfied, the detached ADU can receive a CofO before the primary dwelling. In all other scenarios, the primary dwelling still needs a CofO before one can be issued for an ADU.
AB 462 was enacted as an urgency measure that took effect immediately when signed by the Governor (on October 10, 2025).
Attachment 5
81 Summary of ADU State Law Changes
AB 1154, SB 9 (2025), and SB 543 were enacted as non-urgency measures and take effect on January 1, 2026.
AB 1154 – JADU Owner-Occupancy; Short-Term Rental
When a JADU is developed, existing state law requires a property owner to reside in the JADU or remaining portion of the single-family dwelling. AB 1154 narrows this requirement to now only apply when a JADU shares sanitation facilities (bathroom) with the single-family dwelling. If the JADU has its own bathroom, then the property owner does not have to reside on the property at all. (See amended Gov. Code, § 66333(b).)
AB 1154 also expressly prohibits JADUs from being used as short-term rentals (i.e., rented for a term shorter than 30 days). (See amended Gov. Code, § 66333(g).) Most ADU ordinances already included this prohibition (as well as prohibiting ADUs from being used as short-term rentals). But now it’s required by state law.
SB 9; SB 543 – Ordinance Submittal to HCD; Approval
Under existing law, local agencies are required to submit a copy of their ADU ordinance to the California Department of Housing and Community Development (HCD) within 60 days of adoption.
This year’s SB 91and SB 543 create a penalty for failing to do so by rendering null and void any local ordinance that is not submitted to HCD within 60 days of adoption. (See amended Gov. Code, § 66326(d); new Gov. Code, § 66333.5(d).) The bills further specify that a local ADU ordinance is null and void if HCD issues findings that the ordinance does not comply with state law and the local agency fails to respond to HCD within 30 days. (Id.) SB 543 – ADU Size; Number of ADUs; Impact Fees; Application Timeline SB 543 makes numerous changes and clarifications to state ADU law, the most notable of which are summarized below.
ADU & JADU Size
Existing law limits the maximum size of a JADU to 500 square feet and prohibits local ADU ordinances from imposing certain development standards that would prevent an ADU created under Government Code section 66314 through 66322 from being at least 800 square feet.
1 Not to be confused with the SB 9 of 2021 (Stats. 2021, Ch. 162) regarding urban lot splits and second primary dwelling units.
82 Summary of ADU State Law Changes
SB 543 amends state ADU law to specify that allowable square footage of an ADU or JADU refers to square footage of “interior livable space.” (See amended Gov. Code, § 66313(d), 66321(b)(2).)
Impact Fees
Existing law exempts ADUS that are 750 square feet or smaller from development impacts fees (DIFs).
SB 543 clarifies that DIFs may not be imposed on an ADU that has 750 or fewer square feet of interior livable space or on a JADU with 500 or fewer square feet of interior livable space.
The bill also exempts an ADU or JADU with less than 500 square feet of interior livable space from school impact fees. (See amended Gov. Code, § 66311.5.) Quantity of ADUs Created Under Government Code Section 66323 Existing state law creates four categories of ADUs that must be approved if they comply with the limited standards provided in Government Code section 66323(a)(1)–(4). These are:
(1) a converted ADU and JADU created on a lot with a proposed or existing singlefamily dwelling (Gov. Code, § 66323(a)(1)); (2) a detached ADU created on a lot with a proposed or existing single-family dwelling (Gov. Code, § 66323(a)(2));
(3) converted ADUs created in an existing multifamily dwelling (Gov. Code, § 66323(a)(3)); and
(4) detached ADUs created on a lot with a proposed or existing multifamily dwelling.
For some time, there has been uncertainty as to whether ADUs created under Government Code section 66323 could be combined. Some practitioners interpreted the statute to not require local agencies to allow combinations. Initially, HCD took the same position, in its 2020 ADU Handbook. But for the last few years, HCD has taken the opposite position: that yes, combinations are permitted. (See HCD January 2025 ADU Handbook, at p. 19 [“[P]ursuant to Government Code section 66323, subdivision (a), local governments must allow units created pursuant to subparagraphs (1) and (2) together or (3) and (4) together”].) SB 543 codifies HCD’s most recent interpretation by amending Government Code section 66323 to specifically allow combinations. Thus, a lot with a multifamily dwelling can now 83 Summary of ADU State Law Changes
have a converted ADU or ADUs created under section 66323(a)(3) and detached ADUs created under section 66323(a)(4). And a lot with a single family dwelling can now have a converted ADU and a JADU created under section 66323(a)(1) and a detached ADU created under section 66323(a)(2).
ADU Permitting Process
Existing law has long required local agencies to approve or deny an ADU application within 60 days of receiving a complete application. However, state law was silent with respect to incompleteness determinations, subsequent resubmittals, and appealing local decisions on ADU applications.
SB 543 requires local agencies to now:
(1) determine whether an ADU application is complete within 15 business days of submittal;
(2) if the application is if incomplete, within the same 15 days provide the applicant with a list of incomplete items and how to address them; (3) review a resubmitted application for completeness within 15 business days; (4) provide the applicant with a written appeal process for any incompleteness determination or denial (to the Planning Commission or City Council, or both); and
(5) provide a final written determination on the appeal within 60 business days of receiving the appeal). (See amended Gov. Code, §§ 66317 [ADUs], 66335 [JADUs].)
SB 1211 – Ministerial Approval
Before SB 1211, state law prohibited cities from requiring off-street parking spaces to be replaced when a garage, carport, or covered parking structure is demolished with the construction of, or conversion to, an ADU. SB 1211 amended this prohibition to also bar cities from requiring replacement parking when an uncovered parking space is demolished for or replaced with an ADU.
For some time, state law has required cities to ministerially approve qualifying building permit applications for ADUs within portions of existing multifamily dwelling structures that are not used as livable space. The term “livable space” was not defined by state ADU law. SB 1211 changed this by adding a new definition stating “‘livable space’ means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.” SB 1211 also increased the number of detached ADUs that lots with an existing multifamily dwelling can have. Previously, lots with an existing or proposed multifamily dwelling could have up to two detached ADUs. Following SB 1211, lots with an existing multifamily dwelling can have 84 Summary of ADU State Law Changes
up to eight detached ADUs or as many detached ADUs as there are primary dwelling units on the lot, whichever is less. SB 1211 did not alter the number of ADUs that lots with proposed multifamily dwellings can have — they remain limited to two detached ADUs. 85 NOTICE OF PUBLIC HEARING
CITY OF MALIBU
CITY COUNCIL
The Malibu City Council will hold a public hearing on MONDAY, June 8, 2026, at 5:30 p.m. in the Council Chambers, Malibu City Hall, 23825 Stuart Ranch Road, Malibu, CA.
Public comment can be submitted ahead of the public hearing to [email protected] for inclusion in the public record. To participate during the public hearing, please review the meeting agenda posted at MalibuCity.org/AgendaCenter and follow the directions for public participation.
ACCESSORY DWELLING UNIT ORDINANCE
Zoning Text Amendment No. 25-003 – Consider the proposed amendment and the Planning Commission’s recommendation incorporating new state law and clarifications to Title 17 (Zoning) of the Malibu Municipal Code (MMC) to update regulations related to Accessory Dwelling Units
The proposed ordinance was previously reviewed by the Planning Commission on August 18, 2025, January 20, 2026, and April 20, 2026, during which the Commission provided recommendations to the City Council. The proposed ordinance implements recommendations provided by the California Department of Housing and Community Development (HCD), updates to MMC Chapter 17.44 reflecting the latest State ADU/Junior ADU statutes, and adds a local provision related to reduced setbacks for fire rebuild ADUs located on beachfront parcels.
Location: Citywide Project
Case Planner: Patrick Achis, AICP, Senior Planner
(310) 456-2489, extension 247
[email protected]
The proposed ordinance is Statutorily Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), which state that CEQA does not apply to the adoption of local ordinances regulating the construction of second units in single-family and multifamily residential zones. Furthermore, the Planning Commission has analyzed the proposed amendments. CEQA applies only to projects that have the potential for causing a significant effect on the environment. Pursuant to CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The Planning Commission determined that the proposed amendments are required by state law and will not have a significant effect on the environment.
A written staff report will be available before the hearing for the project. All persons wishing to address the Council regarding these matters will be afforded an opportunity in accordance Attachment 6
86 with the Council’s procedures. Oral and written comments may be presented to the City Council on, or before the date of the meeting.
If there are any questions regarding this notice, please contact Patrick Achis, Senior Planner, at (310) 456-2489, ext. 247. 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.
For more information, view the City’s Accessory Dwelling Units website at www.malibucity.org/adu.
IF YOU CHALLENGE THE CITY’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.
Yolanda Bundy, Community Development Director
Publish Date: May 14, 2026
87
Agenda Item # 6.A.
Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Yolanda Bundy, Community Development Director Approved by: Joseph D. Irvin, City Manager
Date prepared: May 14, 2026 Meeting date: June 8, 2026
Subject: Building Board of Appeals — Authorization to Advertise Recruitment and Direction on Member Qualification Standards
RECOMMENDED ACTION: Staff requests City Council direction on the following matters:
1) Board Continuity: Retain or Reconstitute
Direct staff to either: (a) retain existing members who confirm willingness to serve following staff outreach; or (b) conduct an open public recruitment for some or all seats on the Building Board of Appeals, consistent with Council Policy No. 48 — Opportunity to Serve.
2) Qualification Standards: Retain Current Standard or Adopt a City Policy Provide direction on whether to: (a) retain the current Malibu Municipal Code (MMC) Section 15.04.050(A) standard; or (b) adopt a City Council Policy defining the experience and training that would qualify an individual to pass upon matters pertaining to building construction — an administrative action that can be implemented immediately upon Council direction and is not subject to the AB 130 residential building code moratorium (October 1, 2025 – June 1, 2031). 3) Geographic Eligibility: Residency, Malibu Practice, or No Requirement Provide direction on whether applicants must: (a) be City of Malibu residents; (b) have worked or practiced professionally within Malibu for a minimum of ten (10) years; or (c) be qualified by experience and training with no geographic requirement, consistent with the current code.
4) Recruitment Outreach
If recruitment is authorized, direct staff to prepare and publish a Building Board of Appeals Member Application and Recruitment Announcement.
Council Meeting
06-08-26
Item
6.A.
1
Agenda Item # 6.A.
FISCAL IMPACT:
The recruitment process for the Building Board of Appeals will be conducted by existing staff, consistent with the City's standard board and commission recruitment practices.
Anticipated costs include public notice publication, printing, and staff time associated with application processing and preparation of appointment materials. These costs are within the Community Development Department's adopted FY 2025-26 operating budget. No additional appropriation is required. No compensation is paid to members of City boards, commissions, or committees.
STRATEGIC PLAN IMPLEMENTATION:
This item relates to the City’s adopted strategic planning framework as follows:
Goal 1: Support Community Rebuilding and Long-Term Recovery -- The Building Board of Appeals is a code-required component of the City’s building regulatory framework. Ensuring the Council understands the Board’s defined and limited role supports transparent governance of the permitting and appeals process as the City manages an elevated volume of fire rebuild applications.
Goal 4: Enhance Organizational Excellence and Accountability — Ensuring the Board is made up of members whose qualifications match the Board's technical scope of authority supports protecting the integrity of construction within the City and also reflects the City's commitment to transparent, merit-based appointment processes.
BACKGROUND:
On May 11, 2026, the City Council was presented with an educational item providing background on the Building Board of Appeals (BBoA). Following discussion, the Council directed staff to return with a follow-up item addressing the current state of the Board and options for filling any vacancies and/or replacing the current members of the BBoA. This report is presented in response to that direction.
The Building Board of Appeals is a body established by, and required under, the California Building Standards Code (Title 24 of the California Code of Regulations), California Building Code Sections 1.8.8.1 and 1.8.8.3, and implemented locally through Malibu Municipal Code Section 15.04.050. The Board's authority is defined and limited by Section 105.1.2 of the Los Angeles County Building Code, Title 26, as adopted by the City without local amendment.
The Board consists of five (5) members appointed by the City Council. The Building Official serves as ex-officio member and Board Secretary. Members are appointed by the City Council and serve at its pleasure with no fixed term expiration. The Board convenes only upon the filing of a formal written appeal of a specific Building Official decision, together with the required filing fee.
2
Agenda Item # 6.A.
The current appointed membership is as follows:
Member Name Appointed/Reaffirmed Role Status
Marissa Coughlan February 10, 2025 At-Large Appointed — term indefinite
Joseph M. Girard February 10, 2025 At-Large Appointed — term indefinite
Scott Halley February 10, 2025 At-Large Appointed —
term indefinite
Lynn Heacox February 10, 2025 At-Large Appointed —
term indefinite
Lisa Niles February 10, 2025 At-Large Appointed —
term indefinite
Alternate Seat #1 — Alternate VACANT
Alternate Seat #2 — Alternate VACANT
Members most recently had their appointment reaffirmed by the City Council on February 10, 2025. The Board has not convened since members were originally appointed, as no formal written appeals of Building Official decisions have been filed with the City. At the May 11, 2026 the Council requested a report on the current membership of the Board, asking Staff to reach out and contact the current BBoA members, determine if they were available and still wished to remain on the Board. The Council also wanted to consider whether to open a recruitment to replace current members and/or vacancies on the BBoA to ensure it was constituted of active members with relevant professional qualifications suited to the Board's technical scope, particularly in the context of the City's ongoing fire rebuild activities.
DISCUSSION:
A. Purpose and Scope of the Building Board of Appeals
The Building Board of Appeals serves four statutory functions under MMC Section
15.04.050 and Title 26 Section 105.1.2:
• Hear and decide formal written appeals of any action taken by the Building Official, including decisions on alternate materials, alternative methods, and modifications;
3
Agenda Item # 6.A.
• Determine the suitability of alternate materials and types of construction against the seven-part equivalency standard (quality, strength, effectiveness, fire resistance, durability, safety, and sanitation);
• Provide reasonable interpretations of the Building Code as applied to specific appeals (the Board may not interpret administrative portions of the code except as provided in Section 102 — Unsafe Buildings); and
• Recommend new legislation to the City Council consistent with its technical scope.
The Board does not replace the Planning Commission or City Council, does not have jurisdiction over zoning, land use, or Coastal Act matters, and is expressly prohibited from waiving any code requirement. The Board is a post-determination appellate body:
it convenes only when a property owner, design professional, or contractor has received a written Building Official decision and formally appeals that decision in writing.
B. Board Continuity — Retain or Reconstitute
Staff has initiated outreach to the five currently serving members to determine their continued interest in and availability for service. Results of that outreach will be presented at the June 8, 2026 meeting. Council options are:
• Retain existing members — retain all members who confirm continued availability and willingness to serve, and fill only vacant seats through recruitment; • Full open recruitment — remove the current members and conduct an open public recruitment for all five seats ; or
• Hybrid approach — retain some members who are available and wish to continue serving while simultaneously opening recruitment for any seats determined to be vacated through the outreach process or which the Council wishes to remove due to inability to reach the current member or a desire of the Council to replace any member.
No specific professional qualifications are required of current members—it is left for the Council to decide who best will serve in the role given their background and qualifications and is not rigidly limited to particular professions (or a particular mix of professions and background) as is required in some other jurisdictions. The City has historically received few applications for these positions. The current members of the BBoA, who were appointed in 1997 and reaffirmed February 10, 2025, serve at the pleasure of the City Council and may be replaced or reappointed at any time (after proper notice has been provided)
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Agenda Item # 6.A.
C. Qualification Standards — Policy Options for Council Direction The current qualification standard in MMC Section 15.04.050 requires members be "qualified by experience and training to pass upon matters pertaining to building construction." No specific license, discipline, or experience duration is prescribed. AB 130 — Effect on Building Code Amendments (H&S Code §§17958, 17958.5, 17958.7, 18941.5)
While the Council could change this section of Malibu’s implementation of the building code to make more specific requirements, it is recommended that the City instead proceed with a policy document specifying preferred qualifications for BBoA members rather than formally amending the City’s building code if further direction and specificity is desired. A policy would provide more flexibility if the City receives few applicants for the positions and avoids potential conflict with the current moratorium on changes to the building code.
Traditionally, cities could make amendments to the building code so long as the amendments were more restrictive, and reasonably necessary, because of local climatic, geological, or topographical conditions. However, AB 130, which became effective June 30, 2025, halted state and local agencies from making changes to the provisions of the building code applicable to residential units for the next six years beginning October 1, 2025, and ending June 1, 2031 per Health and Safety Code § 17958(b). There are a few exceptions to the AB 130 moratorium, but they do not directly relate to the type of amendment considered here. Adopting an amendment that runs afoul of the moratorium could lead to a number of problems, including making decisions of the BBoA subject to challenge for violating the moratorium’s requirements.
The closest exception comes from Health and Safety Code Section 17958(b)(1) which provides that a city can make changes or modifications to residential building standards if “[t]he changes or modifications are substantially equivalent to changes or modifications that were previously filed by the governing body of the city or county and were in effect as of September 30, 2025.” (Emphasis added.) The California Building Standards Commission (“CBSC”) has interpreted this amendment to apply to “local amendment[s] applicable to residential units being carried forward from a previously filed ordinance (i.e., an ordinance amending the 2022 edition of Title 24) with no material change in regulatory effect to the existing standards.” There are also carve outs for administrative changes—but only if they “exclusively result” in the following:
a) Reductions in time for a local agency to issue a post-entitlement permit. b) Alterations to a local agency’s post-entitlement fee schedule. 5
Agenda Item # 6.A.
c) Modernization of, or adoption of, new permitting platforms and software utilized by the local agency.
d) Reductions in cost of internal operation for a local agency. e) Establishment, alteration, or removal of local programs related to enforcement of building code violations or complaints alleging building code violations.
A City Council Policy is an administrative governance action — not a building code amendment — and is not subject to AB 130. Some options for policies the Council could adopt include the following:
• Option A — Retain the current MMC standard. No change required. Council retains discretion to weigh professional background during application review and interviews. Consistent with comparable jurisdictions, including Newport Beach, Hermosa Beach, and Santa Barbara, all of which use the same broad standard. • Option B — Adopt a City Council Policy establishing preferred disciplines and expertise. A Council Policy is an administrative document — not a building code amendment — and is not subject to AB 130. The Policy would guide but not legally restrict the Council's appointment authority, consistent with the current MMC standard. Recruitment can proceed immediately under the MMC standard while the Policy formalizes the Council's discipline preferences. • Option C — Initiate an amendment to MMC Section 15.04.050 to codify specific discipline and experience requirements. This is a legislative action requiring public notice, hearing, and ordinance adoption. As discussed above, based on current staff analysis, this approach appears subject to the AB 130 residential building code moratorium through June 1, 2031.
D. Professional Disciplines and Expertise — Objective Overview The following overview identifies the professional disciplines most aligned with the Building Board of Appeals' statutory functions. This information is provided objectively for Council consideration in evaluating qualification preferences. No recommendation is made as to the best composition of disciplines/backgrounds/experience.
Discipline Alignment with BBoA
Functions Example Credentials
Building
Code /
Building
Official
Core function: evaluating whether a
Building Official decision correctly
applied the adopted code. Direct
code expertise enables accurate,
legally defensible appellate review
on any appeal type.
ICC Certified Building
Official (CBO); ICC
Certified Plans Examiner;
CALBO member;
California-licensed Building
Official with active
6
Agenda Item # 6.A.
experience
Structural
Engineering
Structural appeals are among the
most technically demanding:
foundation disputes, retaining wall
design, seismic design, hillside
structural systems. Malibu's terrain
makes structural appeals frequent
and consequential.
California PE (Civil) or SE
(Structural); SEAOC
member; minimum 5 years
residential or hillside
structural design relevant
to Malibu conditions
Geotechnical
Engineering
Malibu's geology — landslide
zones, expansive soils, coastal
bluff, steep hillsides — means
geotechnical standards are
regularly at issue in Building Official
determinations on foundations,
grading, and site stability.
California PE
(Geotechnical or Civil with
geotech experience);
minimum 5 years practice
in hillside or coastal
Southern California
Architecture
Alternate materials and methods
determinations, assembly
equivalency evaluations, and code
interpretation appeals frequently
require architectural design
judgment about material
performance and code intent.
California-licensed
Architect (AIA); minimum 5
years residential or WUI
construction experience;
Malibu or coastal project
experience preferred
General
Contracting
Practical knowledge of how
materials and methods actually
perform in the field informs
equivalency evaluations. A
contractor on the board evaluates
whether an alternate method is
achievable in practice, not just on
paper.
California CSLB Class B
General Contractor; active
or recent experience with
code-compliant
construction in Malibu or
WUI/coastal environments;
Chapter 7A wildfire
construction knowledge
preferred
Construction
Law
The board conducts quasi-judicial
proceedings: evaluating evidence,
applying a legal standard, and
producing a written decision subject
to judicial review. Legal expertise
supports procedural integrity and
protects the City.
California-licensed
attorney; active practice in
construction law, building
code, administrative law, or
land use; quasi-judicial
proceeding experience
preferred
Fire
Protection
Engineering
Post-fire WUI rebuilds raise fireresistance questions: assembly equivalency, sprinkler system
design, Chapter 7A compliance,
and alternate fire-resistant
materials. This expertise directly
California PE (Fire
Protection); NICET-certified
fire protection engineer;
California CSLB C-16
licensed fire protection
contractor
7
Agenda Item # 6.A.
supports the Board's equivalency
determination authority.
A multi-disciplinary board brings complementary expertise to each appeal. A structural dispute benefits from both an engineer who evaluates the calculations and the building official who evaluates the code application. An alternate materials request benefits from an architect who assesses equivalency and a contractor who evaluates practical buildability. Diverse expertise supports more complete deliberation, reduces the risk of single-perspective error, and produces written decisions with stronger legal defensibility. The Board's authority is specifically designed to complement — not replace — the Building Official; a board composed of professionals across multiple disciplines reflects that complementary role most effectively.
E. Geographic Eligibility — Residency or Malibu Practice The current MMC standard imposes no residency requirement. Members need only be qualified by experience and training and must not be City employees. Given Malibu's population of approximately 12,000 and the specialized disciplines appropriate for this Board, the Council may wish to consider the following options:
• No geographic requirement (current standard) — the broadest applicant pool.
Appropriate for a technical board whose function is expert code review rather than community representation. Newport Beach and Hermosa Beach impose no residency requirement on their boards of appeals. This approach maximizes access to qualified professionals regardless of where they live. • City of Malibu residency required — limits the applicant pool to City residents.
Given Malibu's small population and the specialized disciplines appropriate for this Board, this restriction may significantly reduce the number of qualified applicants available across all needed disciplines simultaneously. • Malibu professional practice — 10-year minimum preferred — applicants need not reside in Malibu but have worked or practiced professionally within the City for a minimum of ten (10) years. This approach connects Board members to Malibu's specific regulatory environment — its geology, coastal conditions, WUI characteristics, Local Coastal Program, and permitting history — without restricting the applicant pool to residents only. It ensures that Board members have first-hand experience with the types of projects and disputes that arise in Malibu specifically. This option is not currently codified in any comparable jurisdiction reviewed and would represent a Malibu-specific standard.
F. Jurisdiction Comparison — Qualification Standards
The following table, consistent with the comparison presented in the May 11, 2026 Staff Report, provides reference for Council consideration:
8
Agenda Item # 6.A.
Jurisdiction Members Code-Required Qualifications Terms Los Angeles
County (Title
26 §105.1.1)
5 1 practicing architect; 1 licensed general
contractor; 1 attorney; 2 structural
engineers — each with minimum 10 years
of experience. Members compensated per
meeting attended.
At pleasure
of Board of
Supervisors
City of South
Pasadena
(Ch. 9 §105.1) 5
1 practicing architect; 1 competent builder;
1 attorney; 2 civil or structural engineers —
each with minimum 10 years of
experience.
At pleasure
of City
Council
City of Santa
Barbara
(SBMC §15) Up to 7
Qualified by experience and training.
Hears both building code and fire code
appeals. Minimum 2 members with
disabilities required for accessibility
appeals. Established 1983; active meeting
schedule.
4-year terms
City of
Newport
Beach (NBMC
§15.80.010) 7
Qualified by experience and training in
building construction, building service
equipment, fire protection and fire
protection equipment. Building Official and
Fire Marshal serve as non-voting ex-officio
members. No City employees may serve.
4-year
staggered
terms
City of
Hermosa
Beach (HBMC
§15.04.020)
5 Qualified by experience and training to
pass upon matters pertaining to building
construction. No residency requirement.
Building Official serves as ex-officio nonvoting member.
No term
limit; at
pleasure of
City Council
City of Malibu
— Current
(MMC
§15.04.050) 5
Qualified by experience and training to
pass upon matters pertaining to building
construction. No specific professional
license, discipline, or years of experience
required. Members must not be City
officers or employees.
Indefinite; at
pleasure of
City Council
Staff notes that jurisdictions with the most specific qualification requirements — LA County and South Pasadena — mirror the disciplines most directly relevant to the Board's core functions: structural engineering (appeals involving structural systems), architecture (alternate materials and construction methods), general contracting (practical code application), and law (procedural and interpretive matters). Council may wish to consider whether Malibu's ongoing fire rebuild workload, which generates precisely these types of technical disputes, warrants adopting a more specific standard. 9
Agenda Item # 6.A.
G. Proposed Recruitment Process
The Member Application will be consistent with the City's standard board and commission application form and will additionally request: (1) the applicant's professional license number and issuing authority, if applicable; (2) a brief description of the applicant's experience with California building codes, construction, or related technical disciplines; and (3) a statement of interest describing how the applicant's background relates to the Board's statutory functions.
Outreach will be directed to professional associations, including the American Institute of Architects (AIA Los Angeles / Channel Islands), the Structural Engineers Association of California (SEAOC), the California Building Officials Association (CALBO), the California Contractors State License Board, and the Los Angeles County Bar Association Construction Law Section, in addition to the City's standard public notice channels.
H. Recruitment and Appointment Requirements
All recruitment and appointment activities shall be conducted consistent with City policies and applicable laws. The following requirements apply:
• Individuals may serve on only one City board, commission, or committee at any given time;
• No compensation is paid for service on any City board, commission, or committee;
• Active City Councilmembers may not be appointed as a member of any City board, commission, or committee;
• Members are appointed by the City Council and serve at its pleasure; and • Vacancies shall be publicly advertised and a minimum application period observed prior to appointment.
Note on Existing Members: Current members were originally appointed in 1997 and reaffirmed by City Council on February 10, 2025. Nothing in this recruitment precludes existing members from reapplying through the open recruitment process. The City Council retains full authority to retain, replace, or supplement existing membership upon conclusion of the recruitment period. Any changes to membership will be made by City Council action.
SUMMARY
The Building Board of Appeals is a code-required appellate body whose role is particularly relevant in the context of the City's ongoing fire rebuild effort. At its May 11, 2026 meeting, the City Council directed staff to return with a follow-up item to address the Board's recruitment and qualification standards. Staff recommends authorizing an 10
Agenda Item # 6.A.
open public recruitment, directing outreach to qualified building construction professionals, and providing direction on whether to initiate a concurrent amendment to MMC Section 15.04.050 to codify more specific discipline and experience requirements.
Reconstituting the Board with actively practicing, professionally qualified members ensures that when an appeal is filed — by a property owner, licensed design professional, or contractor — the Board is prepared to convene promptly and resolve the matter based on expert technical review consistent with the adopted California Building Code.
ATTACHMENTS
1. Malibu Municipal Code Section 15.04.050(A) (Building Board of Appeals)
2. Council Policy No. 48 — Opportunity to Serve (adopted February 25, 2013)
3. California Building Code Sections 1.8.8.1 and 1.8.8.3 (State Mandate) and County of Los Angeles Building Code Section 105.1.2
11 Attachment 1
BUILDING BOARD OF APPEALS
MALIBU MUNICIPAL CODE SECTIONS
MMC Section 15.04.020 - Definitions.
"Board of appeals" means the board of appeals established by Section 105 of the Malibu building code.
MMC 15.04.050 - Amendments to Building Code
Notwithstanding the provisions of Section 15.04.010 of this chapter, Title 26 of the Los Angeles County Code is hereby amended to read as follows:
A. Section 105.1.1 is hereby amended to read as follows:
105.1.1 General. Unless otherwise provided for below, in order to conduct the hearings provided for in this code and also to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the provisions of this code, there shall be a building board of appeals consisting of five members who are qualified by experience and training to pass upon matters pertaining to building construction. The building official shall be an ex officio-member and shall act as secretary to the board. The members of the building board of appeals shall be appointed by the City Council and shall hold office at its pleasure. The building board of appeals shall adopt reasonable rules and regulations for conducting its investigations. The board shall establish that the approval for alternate materials and the modifications granted for individual cases are in conformity with the intent and purpose of this code and that such alternate material, modification or method of work offered is at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability, safety and sanitation and does not lessen any fire-protection requirements or any degree of structural integrity. The building board of appeals shall document all decisions and findings in writing to the building official with a duplicate copy to the applicant, and the board may recommend to the City Council such new legislation as is consistent therewith. 12 City of Malibu
City Council Policy
Policy #48
______________________________________________________________________________ Title: Opportunity to Serve
Purpose: To give all residents the opportunity to serve the community through active participation on the City’s commissions, committees and boards.
Policy Statement:
When making appointments to any of the City’s commissions, committees and boards, the City Council shall allow as many residents as possible the opportunity to serve by limiting an individual's service to one commission, committee or board at a time.
Implementation:
Members of the City Council make appointments for individuals to serve the Malibu community through participation on the City’s commissions, committees and boards.
Term of service for each appointment is determined by the Malibu Municipal Code or City Council Resolution that created and established each advisory body.
In order to give all residents the opportunity to serve, an individual shall be limited to serving on only one commission, committee or board at a time. Should a Councilmember wish to appoint an individual who is currently serving as a member of another commission, committee or board, that individual would be required to resign their current position prior to being considered for the new appointment.
Date Adopted:
February 25, 2013
13 Attachment 2
Attachment 3
Board of Appeals
California Building Code Section 1.8.8 Appeals Board
Section 1.8.8 Appeals Board
California Building Code 2025 (Vol 1 & 2) > Chapter 1 Administration > Section 1.8 Department of Housing and Community Development > Section 1.8.8 Appeals Board
1.8.8.1 General
Every city, county, or city and county shall establish a process to hear and decide appeals of orders, decisions and determinations made by the enforcing agency relative to the application and interpretation of this code and other regulations governing construction, use, maintenance and change of occupancy. The governing body of any city, county, or city and county may establish a local appeals board and a housing appeals board to serve this purpose. Members of the appeals board(s) shall not be employees of the enforcing agency and shall be knowledgeable in the applicable building codes, regulations and ordinances as determined by the governing body of the city, county, or city and county.
Where no such appeals boards or agencies have been established, the governing body of the city, county, or city and county shall serve as the local appeals board or housing appeals board as specified in California Health and Safety Code Sections 17920.5 and 17920.6.
1.8.8.2 Definitions
The following terms shall for the purposes of this section have the meaning shown.
Housing Appeals Board
The board or agency of a city, county, or city and county which is authorized by the governing body of the city, county, or city and county to hear appeals regarding the requirements of the city, county, or city and county relating to the use, maintenance and change of occupancy of buildings and structures, including requirements governing alteration, additions, repair, demolition and moving. In any area in which there is no such board or agency, "Housing appeals board" means the local appeals board having jurisdiction over the area.
Local Appeals Board
The board or agency of a city, county, or city and county which is authorized by the governing body of the city, county, or city and county to hear appeals regarding the building requirements of the city, county, or city and county. In any area in which there is no such board or agency, "Local appeals board" means the governing body of the city, county, or city and county having jurisdiction over the area.
1.8.8.3 Appeals
Except as otherwise provided in law, any person, firm or corporation adversely affected by a decision, order or determination by a city, county, or city and county relating to the application of building standards published in the California Building Standards Code, or any other applicable rule or regulation adopted by the Department of Housing and Community Development, or any lawfully enacted ordinance by a city, county, or city and county, may appeal the issue for resolution to the local appeals board or housing appeals board as appropriate.
The local appeals board shall hear appeals relating to new building construction and the housing appeals board shall hear appeals relating to existing buildings. 14 Attachment 3
Los Angeles County Building Code
105.1.2 Scope of Authority
Except as provided below, the Building Board of Appeals shall have the authority to hear appeals regarding any action of the Building Official, including actions taken by the Building Official in connection with Section 104.2.7 or Section 104.2.8. The Building Board of Appeals shall also be authorized to recommend to the Board of Supervisors such new legislation as it deems appropriate.
The Building Board of Appeals shall have no authority relative to interpretation of the administrative portions of this Code, other than Section 102, nor shall the Board be empowered to waive requirements of this Code.
The Building Board of Appeals shall document all decisions and findings in writing to the Building Official with a duplicate copy to the applicant.
15
Agenda Item # 7.A.
Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Tatiana Holden, Assistant Public Works Director/City Engineer Approved by: Joseph D. Irvin, City Manager
Date prepared: May 19, 2026 Meeting date: June 8, 2026
Subject: Civic Center Water Treatment Facility Phase 2 Update RECOMMENDED ACTION: Receive an update on the Civic Center Water Treatment Facility (CCWTF) Phase 2 project.
FISCAL IMPACT: Funding for this project's original design and engineering was included in previous fiscal years through a funding agreement with HRL Laboratories. The HRL agreement is fully encumbered. However, additional costs will be necessary to modify the design based on the revised Septic Prohibition Map. Staff will bring a funding recommendation to Council after the Memorandum of Understanding (MOU) between the City and the Regional Water Quality Control Board is approved and executed by all parties.
STRATEGIC PRIORITY: This item supports the City’s 2025-2028 Strategic Plan. Goal 3:
Advanced Infrastructure Resilience.
DISCUSSION: Under a Regional Water Quality Control Board resolution, Malibu must transition properties in the Civic Center area from onsite wastewater disposal system to a sewer system to improve the water quality in the Malibu Lagoon. The City completed Phase 1 of the sewer project in 2018 and subsequently undertook design efforts for Phase 2, which was originally supposed to be completed by 2024.
During Phase 2 design, sensitive cultural resources were identified in the Serra Retreat neighborhood, requiring changes to the proposed pipeline alignment, implementation boundaries, and schedule. The proposed 2026 MOU revision updates the implementation map, establishes interim requirements for Serra Retreat properties and extends the implementation schedule for Phase 2 and 3.
City Council Meeting
06-08-26
Item
7.A.
1
Agenda Item # 7.A.
The 2026 MOU revision also corrects the Phase 3 triggering language. A prior draft would have required Phase 3 properties to connect to the CCWTF if water quality improvement targets were not achieved after completion of Phases 1 and 2. That language was inconsistent with the previously approved MOU framework and did not need to be revised based upon the necessary changes resulting from the discovery of the sensitive cultural resources.
Under the prior MOU framework, Phase 3 is required only if water quality monitoring shows that implementation of Phases 1 and 2 resulted in the bacteria and nitrogen reductions identified in the MOU. If those reductions are achieved, Phase 3 would proceed, except for any properties that the Regional Board concludes, and the City demonstrates, do not contribute to bacteria or nutrient impacts to Malibu Creek and Malibu Lagoon.
If the required water quality improvements are not achieved after Phases 1 and 2, then Phase 3 will not be required to be implemented. In that circumstance, the lack of improvement would support the conclusion that the remaining Phase 3 septic systems are not causing or contributing to the water quality issue being addressed by the prohibition.
Background
On November 5, 2009, the Regional Water Quality Control Board (Regional Board) approved a resolution prohibiting the use of septic systems in the Malibu Civic Center Area. On September 21, 2010, the State Water Resources Control Board (State Board) approved the action taken by the Regional Board, thereby amending the State Basin Plan that included the septic prohibition. The State Basin Plan established certain dates by which properties in the Civic Center area were required to cease discharge and provided for a municipally owned wastewater treatment facility to be constructed. All properties within the Civic Center area were to be connected to the wastewater treatment facility.
In 2011, the City, Regional Board, and State Board entered into a Memorandum of Understanding (MOU) regarding phased implementation of the Basin Plan Amendment.
The MOU established three implementation phases, including deadlines for connection to the Civic Center Water Treatment Facility and related monitoring and reporting requirements.
The MOU has been revised several times to update the implementation schedules and requirements for the three phases. Phase 1 was completed in 2018. The 2017 MOU revision required Phase 2 properties to be connected to the CCWTF by November 5, 2024, and provided that Phase 3 would be evaluated after completion of Phases 1 and 2 and review of water quality monitoring results.
On September 29, 2025, staff presented the Council with Amendment No. 4 updating the implementation schedule and connection date to CCWTF for all properties within the Phase 2 boundary. During the meeting, the changes to the MOU proposed by the 2
Agenda Item # 7.A.
Regional Board for implementation of Phase 3 of the project were discussed. Specifically, Section C. Phase 3., Subsection 2. Next Steps if Reduction Targets are Not Met of the MOU changed the Phase 3 triggering criteria.
The 2017 revision of the MOU stipulated that all properties within the Phase 2 boundary shall be connected to the CCWTF by November 5, 2024. The MOU also included a potential Phase 3, which would be evaluated after completion of Phases 1 and 2 and review of water quality monitoring results. Under that framework, Phase 3 would proceed only if water quality monitoring showed that implementation of Phases 1 and 2 resulted in the bacteria and nitrogen reductions identified in the MOU, except for any properties that the Regional Board concludes, and the City demonstrates, do not contribute to bacteria or nutrient impacts to Malibu Creek and Malibu Lagoon.
Phase 3 implementation is dependent upon whether water quality improvement targets are achieved following completion of Phases 1 and 2. The 2025 draft amendment modified the Phase 3 triggering criteria by requiring Phase 3 properties to connect to the CCWTF if the required reductions in bacteria and nitrogen were not achieved after Phases 1 and 2.
That language was inconsistent with the previously approved MOU framework. The 2026 draft amendment corrects the Phase 3 triggering criteria by restoring the prior approach:
if the required water quality improvements are achieved, Phase 3 would proceed, except for properties demonstrated not to contribute to bacteria or nutrient impacts; if the required improvements are not achieved, Phase 3 would not be required to proceed.
The project history and next steps are described below.
CCWTF Phase 1
Design was completed in June 2015, and construction was finished in September 2018.
All Phase 1 properties were connected to the CCWTF before the MOU deadline of September 30, 2018. Phase 1 included the construction of the new CCWTF wastewater treatment facility and 32,000 linear feet of wastewater and recycled water lines. Phase 1 also included the construction of 2 wastewater pump stations, Bluffs Park, and Legacy Park and 2 injection wells on Malibu Road.
3
Agenda Item # 7.A.
Civic Center Phase 1
CCWTF Treatment Process
The CCWTF uses a Membrane Bioreactor (MBR) system to process wastewater. The MBR treatment process has a smaller footprint than conventional wastewater treatment systems and produces high-quality effluent capable of meeting the Regional Board’s stringent water quality requirements. The system also allows for future expansion, configuration flexibility, and reliable operation.
The treatment process includes ultraviolet (UV) disinfection, which allows treated wastewater to be used as recycled water. Treated and disinfected wastewater is conveyed to the recycled water distribution system for irrigation use by property owners within the prohibition zones.
CCWTF Phase 2 Design
Shortly after the completion of the CCWTF Phase 1, the City started the design process of Phase 2. On April 8, 2019, the City entered into an agreement with HRL to provide funding for the design and engineering assessment of the CCWTF Phase 2. The agreement provides for HRL to fund the project design and the development of an assessment district and then be reimbursed after an assessment district for Phase 2 is formed and bonds are issued. If formation of an assessment district for Phase 2 is not successful, the agreement provides that HRL will have the opportunity to form its own 4
Agenda Item # 7.A.
assessment district and either apply the funds provided as a credit or be reimbursed by the City for costs incurred on the design for the entire Phase 2 project.
On August 12, 2019, Council approved a professional services agreement with Woodard & Curran for engineering design of CCWTF Phase 2. Woodard & Curran designed the facility upgrades necessary to accommodate additional wastewater flow from Phase 2 properties, including expansion of the existing bioreactor structure, installation of new membrane and disinfection units, and additional mechanical and electrical equipment.
Woodard & Curran also designed the wastewater collection and recycled water system expansion, including extensions to portions of the Serra Retreat neighborhood, Malibu Colony, condominiums on Civic Center Way, and HRL Laboratories. That design was substantially completed but must be modified based on the revised implementation boundaries and the need to avoid sensitive cultural resources in the Serra Retreat neighborhood.
CCWTF Phase 2 Environmental Impact Report
On January 12, 2015, the Council certified the Environmental Impact Report (EIR), which provided project-level analysis for Phase 1 and programmatic-level analysis for Phases 2 and 3. A project-level CEQA analysis for Phase 2 was later completed, and an addendum to the certified CEQA document was prepared. On February 1, 2021, the Planning Commission approved the addendum.
Because it has not yet been determined whether Phase 3 will be required, no additional CEQA documentation has been prepared for that phase. If Phase 3 is required, additional CEQA analysis will be conducted. The revised Phase 2 implementation boundaries and design changes may also require additional CEQA review or an amendment to the project’s Coastal Development Permit.
CCWTF Phase 2 Funding
In December 2020, the City submitted a project application to the State Water Board for financial assistance under the Clean Water State Revolving Fund Program (SRF). On May 3, 2021, the City was notified that the CCWTF Phase 2 was included on the State Water Board’s funding list under the CWSRF program.
SRF provides agencies with low-interest rate loans for wastewater projects. The SRF program has financing terms for up to 30 years, no funding limits and the repayment begins one year after the completion of construction. The City previously used this SRF financial assistance and State grants to finance Phase 1.
Shortly after the City was notified that the CCWTF Phase 2 project was eligible for SRF funding, the State Water Board began the project environmental review. The State Water Board reviewed the City’s EIR documents and a Historic Properties Identification Report (HPIR). During this review, the State Water Board determined that additional cultural 5
Agenda Item # 7.A.
resources soil investigations were needed within the project limits. In July 2022, the City discovered additional cultural resources along the proposed wastewater alignment in the Serra Retreat neighborhood.
Modification of Phase 2
The cultural resource discovery in the Serra Retreat neighborhood resulted in a substantial delay in the Phase 2 design and implementation. Staff conducted several meetings with the Regional Board about the proposed wastewater collection system and recycled water system alignment and installation. Based upon the type of cultural resource findings located in the Serra Retreat neighborhood, the City and the Regional Board agreed that the project cannot proceed as designed with the installation of a new pipeline within the Serra Retreat neighborhood.
Because construction of a new wastewater collection line through Serra Retreat should be avoided due to sensitive cultural resources, the proposed MOU amendment includes a separate process for Serra Retreat properties. Under this process, the City would conduct a feasibility study to evaluate alternative methods for reducing nitrogen and bacteria loading from those properties without constructing the previously proposed wastewater collection line through the cultural resource area.
The feasibility study would evaluate alternatives such as advanced onsite wastewater treatment systems, packaged treatment plants, or other methods that would allow Serra Retreat properties to meet applicable water quality objectives. After the study is completed, the City would implement the study recommendations, and affected property owners would be required to install or connect to the recommended treatment measures by the deadlines established in the MOU.
In November 2024, the Regional Board and State Water Board developed a proposed modification to the MOU with revised implementation deadlines. The MOU modification was anticipated to be approved by both boards before returning to the City for final approval. However, the Franklin Fire on December 9, 2024, and the Palisades Fire on January 7, 2025, further delayed the MOU modification process.
Over the last several months, City staff and Regional Board staff further refined the proposed MOU. The proposed revisions to CCWTF Phases 2 and 3 include the following:
· Properties along Malibu Road that were included in Phase 3 will be moved into Phase 2.
· Phase 3 (see Attachment 1 - Revised Malibu Prohibition Map) is to be comprised of Phase 3 – Area I, Phase 3 – Area II and Phase 3 - Serra Retreat. · City shall conduct a Serra Retreat feasibility study to evaluate wastewater treatment alternatives to reduce nitrogen and bacteria loading, such as advanced onsite wastewater treatment systems, packaged treatment plants or other methods. 6
Agenda Item # 7.A.
The proposed revisions do not significantly increase the amount of wastewater flow for Phase 2.
MOU Amendment No. 4
Based upon the proposed revisions to Phase 2, MOU Amendment No. 4 would modify the following deadlines:
· July 23, 2026 – Regional Board consideration of Amendment No. 4 · August 24, 2026 – Amendment No. 4 to be brought to City Council for approval · April 19, 2028 - Complete the redesign of Phase 2, addendum to the EIR and amendment to the project’s Coastal Development Permit
· August 16, 2028 – Complete Serra Retreat feasibility study · October 23, 2028 – Complete formation of Phase 2 assessment district · March 23, 2029 – Begin construction
· June 16, 2030 – Completion of construction
· September 6, 2030 – Complete Serra Retreat interim measures · March 23, 2031 – Complete Phase 2, including successful startup and connection of private wastewater laterals to the CCWTF
· March 23, 2031 – March 23, 2032 – Water quality testing and reporting · March 22, 2035 – Phase 3 completion (if necessary)
Next Steps
The Regional Board has scheduled this item for a public hearing date on July 23, 2026. If the Regional Board approves this MOU, staff will bring MOU Amendment No. 4 to Council for final approval. Additional funding will be required to modify the design based upon Phase 2 revisions. That request will be brought to Council’s attention when MOU Amendment No. 4 is brought to Council.
ATTACHMENTS:
1. Malibu Prohibition Phased Map
2. Tentative Revised 2026 MOU (MOU Amendment No. 4)
3. Implementation Schedule
7 Attachment 1
8 Attachment 2
TENTATIVE REVISED 2026 MOU
MEMORANDUM OF UNDERSTANDING
(REVISED ON DECEMBER 4, 2014, FEBRUARY 2, 2017, NOVEMBER 5, 2021, AND July 23, 2026)
BETWEEN THE CITY OF MALIBU
AND
THE REGIONAL WATER QUALITY CONTROL BOARD, LOS ANGELES REGION
AND THE STATE WATER RESOURCES CONTROL BOARD
REGARDING
PHASED IMPLEMENTATION OF BASIN PLAN AMENDMENT PROHIBITING
ON-SITE WASTEWATER DISPOSAL SYSTEMS
IN THE MALIBU CIVIC CENTER AREA
9 Attachment 2
MEMORANDUM OF UNDERSTANDING
REGARDING PHASED IMPLEMENTATION OF BASIN PLAN AMENDMENT
PROHIBITING ONSITE WASTEWATER DISPOSAL SYSTEMS IN THE MALIBU
CIVIC CENTER AREA
This Memorandum of Understanding (MOU) supersedes the MOU originally signed in August 2011 and revised most recently in November 2021, and is entered into by and between the CITY OF MALIBU (City) on the one hand and the REGIONAL WATER QUALITY CONTROL BOARD, LOS ANGELES REGION, and the STATE WATER RESOURCES CONTROL BOARD on the other hand (together the Water Boards), collectively referred to herein as the "Parties" or individually as "Party." WHEREAS, On November 5, 2009, over the City's objections, the Regional Water Quality Control Board, Los Angeles Region (Los Angeles Water Board) adopted Resolution R4-2009- 007 approving an amendment to Chapter IV of the Water Quality Control Plan for the Coastal Watersheds of Los Angeles and Ventura Counties (Basin Plan), to prohibit on-site wastewater disposal systems (OWDSs) in the Malibu Civic Center Area, as defined in Resolution R4-2009-007, (Basin Plan Amendment).
WHEREAS, On September 21, 2010, over the City's objections, the State Water Resources Control Board (State Water Board) adopted Resolution No. 2010-0045 approving the Basin Plan Amendment.
WHEREAS, On December 23, 2010, the Office of Administrative Law approved the regulatory provisions of the Basin Plan Amendment, the final step for the amendment to take effect.
WHEREAS, On August 19, 2011, the Parties entered into an MOU (2011 MOU) to memorialize the Parties' agreement to coordinate in the implementation of a wastewater treatment plan for the Malibu Civic Center Area, as defined in the Basin Plan Amendment, that employs both a plan and schedule to construct one or more centralized wastewater treatment facilities (Facility) in phases in the Malibu Civic Center Area and a comprehensive regulatory program with respect to OWDSs.
WHEREAS, the Basin Plan Amendment prohibits all new OWDSs in the Malibu Civic Center Area and prohibits the discharge from existing OWDSs based on a phased schedule to cease discharges from Phase One systems by November 5, 2015, and Phase Two systems by November 5, 2019. The Basin Plan Amendment does not prevent repairs, maintenance, and upgrades to existing OWDSs, provided that they do not expand the capacity of the systems or increase flows of wastewater.
WHEREAS, in October 2010, the City and the Water Boards entered into a tolling agreement by which they agreed to extend the time within which the City must bring an action against the Water Boards challenging their actions to approve the Basin Plan Amendment, which expired in October 2011. The purpose of the tolling 10 Attachment 2
agreement was to afford the parties an opportunity to reach agreement on a phased implementation boundaries and other matters related to the substance of Basin Plan Amendment. This MOU extends the tolling agreement while the MOU is in effect.
WHEREAS, On December 4, 2014, the MOU was subsequently revised (2014 MOU) to provide additional time to complete Phase One by June 30, 2017, and Phase Two by November 5, 2022.
WHEREAS, On February 2, 2017, the 2014 MOU was subsequently revised (2017 MOU) to extend the Phase One competition date from June 30, 2017, to September 30, 2018, and Phase Two completion date from November 5, 2022, to November 5, 2024.
WHEREAS, On November 5, 2021, the 2017 MOU was subsequently revised (2021 MOU) to extend the completion date of formation of an assessment district within Malibu Civic Center Area in Phase Two from November 5, 2021, to June 30, 2022, because the City required additional time to seek and obtain state and federal grants and other funding sources. The 2021 MOU did not extend the final completion date of November 5, 2024, for Phase Two.
WHEREAS, a significant Native American cultural resource was discovered in the Malibu Civic Center Area in 2022 and 2023, requiring redrawing of the Phase Two and Phase Three boundaries to avoid disruption to the resource; redesigning the Phase Two wastewater collection, transmission, and treatment system; and changing the schedule for completing the Phase Two tasks.
WHEREAS, the Parties have reached an agreement to revise the boundaries of Phase Two and Phase Three as depicted in the Phased Implementation Boundary Map in Exhibit A to this MOU, and to extend the Phase Two completion date from November 5, 2024, to March 23, 2031, and Phase Three from November 5, 2028, to March 22, 2035, and wish to memorialize the agreement in this MOU.
WHEREAS, the Parties have provided interested persons with an opportunity to comment on the MOU and have considered those comments prior to execution of the MOU by the Parties.
NOW, THEREFORE, the Parties do hereby agree as follows:
ARTICLE I - Purpose and Effect of MOU
A. Purpose of MOU: The purpose of this MOU is to further the objectives of the PorterCologne Water Quality Control Act and to memorialize the Parties' agreement to coordinate in the implementation of a wastewater treatment plan (as detailed below) in the Malibu Civic Center Area, as defined in the Basin Plan Amendment, that employs both a plan and schedule to construct one or more state-of-the-art centralized wastewater treatment facilities in the Malibu 11 Attachment 2
Civic Center Area and a comprehensive regulatory program with respect to OWDSs.
B. Effect of MOU: The Parties agree to implement the prohibitions established in the Basin Plan Amendment in the manner set forth in this MOU. As long as the City is in compliance with the schedule set forth in this MOU, the Los Angeles Water Board will not amend the Basin Plan Amendment inconsistent with this MOU. The Parties agree to maintain a tolling agreement as long as this MOU remains in effect.
C. Authority to Enter into MOU: The City has authority to enter into this MOU, which is within the scope of its police powers. The Water Boards have authority to enter into this MOU pursuant to California Water Code section 13225, subsections (a), (b), and (j).
ARTICLE II - Responsibilities of City
The City shall implement a wastewater treatment plan (Plan) in the Malibu Civic Center Area consisting of the following phases.
A. Phase One: By September 30, 2018, for the wastewater discharge of those properties within the boundaries of the yellow area shown on the map of the Malibu Civic Center Area attached hereto as Exhibit A and incorporated herein by this reference (Boundary Map), the City shall design and construct a central Wastewater Treatment Facility. In order to fund the construction of the Wastewater Treatment Facility, it is necessary that an assessment district be approved and formed in accordance with all applicable laws, including but not limited to Prop 218, which includes the property owners served by Phase One.
Once approved, all property owners within the approved assessment district are required to connect to the Wastewater Treatment Facility. The City's Wastewater Treatment Facility may consider the use of deep well for groundwater injections without reverse osmosis as a method of dispersal of effluent from the Wastewater Treatment Facility. The City must obtain Waste Discharge Requirements (WDRs), for the Wastewater Treatment Facility, and all water must be treated to meet or exceed the requirements of applicable laws, regulations, and policy, including the Porter-Cologne Water Quality Control Act, the federal Clean Water Act, the Basin Plan, standards for advanced wastewater treatment set forth in Title 22 California Code of Regulations, Division 4, and total nitrogen of 10 mg/L. The City shall work in coordination with the Los Angeles Water Board and shall comply with the following deadlines to complete Phase One of the Plan.
1. By September 30, 2011, submit a schedule and list of public outreach meetings and materials developed to inform the public about the development of a wastewater treatment facility.
12 Attachment 2
2. By December 31, 2011, complete and submit to the Los Angeles Water Board a recycle/reuse/storage study which shall identify the potential location and options to maximize the reuse of the Title 22 effluent, including the evaluation of the use of storage infrastructure. The study shall provide recommended water recycling goals and storage volume targets.
3. By June 30, 2012, complete and submit to the Los Angeles Water Board a conceptual groundwater injection plan that is based on field testing and modeling.
4. By March 31, 2015, complete and submit the certified Environmental Impact Report for the project in compliance with the California Environmental Quality Act (CEQA).
5. By June 30, 2015, complete and submit the design for the Wastewater Treatment Facility, which shall include the facility layout, electrical and pumping requirements, sewer line plans and profiles, disposal well design. Also submit to the Los Angeles Water Board a complete report of waste discharge pursuant to the California Water Code.
6. By September 30, 2015, complete the formation of an assessment district for all properties within the Malibu Civic Center Area Phase One and provide that information to the Water Board.
7. By September 30, 2015, complete a plan to obtain all funding and property necessary to complete the Phase One project.
8. By October 30, 2015, complete and release a Bid Package for construction of the Phase One Wastewater Treatment Facility.
9. By December 31, 2015, complete contractor selection and initiate construction of the Phase One Wastewater Treatment Facility.
10. By September 30, 2018, complete the Phase One project, including successful startup of the Phase One Wastewater Treatment Facility and the connection of all properties within the Phase One boundaries to the Wastewater Treatment Facility. The City is required to operate the Facility in compliance with the WDRs.
B. Phase Two: By March 23, 2031, the City shall require all those developed properties, within the beige-colored area shown on the attached Phases Two and Three Implementation Boundary Map (Exhibit A), to be connected to the centralized Wastewater Treatment Facility. The Facility shall be the same Facility as described in Phase One and subject to waste discharge requirements issued by the Los Angeles Water Board. In order to fund the 13 Attachment 2
construction of the Wastewater Treatment Facility improvements and connections thereto, it is necessary that an assessment district be approved and formed in accordance with all applicable laws, including but not limited to Prop 218, which includes the property owners served by Phase Two. Once an assessment district is formed, all property owners within the approved assessment district in Phase Two area are required to connect to the Wastewater Treatment Facility.
The City shall comply with following deadlines to complete Phase Two of the Plan:
1. By February 18, 2028, complete and certify a subsequent or supplement Environmental Impact Report, if required, pursuant to CEQA.
2. By April 19, 2028, complete and submit to the Los Angeles Water Board a Design for Phase Two Wastewater Treatment Facility, which shall consist of facility layout, electrical and pumping requirements, sewer line plans and profiles, disposal well design. Also submit to the Los Angeles Water Board a complete report of waste discharge, if necessary, pursuant to the California Water Code.
3. By October 23, 2028, complete the formation of an assessment district for all Phase Two properties within the Malibu Civic Center Area and provide that information to the Los Angeles Water Board.
4. By May 28, 2028, complete and release a Bid Package for construction of the Phase Two Wastewater Treatment Facility.
5. By March 23, 2029, complete contractor selection and initiate construction of the Phase Two Wastewater Treatment Facility.
6. By March 23, 2031, complete Phase Two project, including successful startup of the Phase Two Wastewater Treatment Facility and the connection of all properties within the Phase Two boundaries to the Wastewater Treatment Facility. The City is required to operate the Wastewater Treatment Facility in compliance with the WDRs.
During Phase Two, the City shall require properties in the Serra Retreat Area, shown within the red-colored outline in Exhibit A to implement interim measures to reduce nitrogen and bacteria loadings prior to the start of Phase Three. The City shall conduct a feasibility study to evaluate alternatives, including advanced onsite wastewater treatment systems (AOWTSs) at individual properties and/or packaged treatment plant(s) to serve multiple properties, and provide estimated implementation timelines. The study shall 14 Attachment 2
specifically consider properties in proximity to Malibu Creek for connection to a packaged plant(s), with an emphasis on utilizing aboveground sewage collection piping to minimize disturbance to Native American resources. The City shall submit a workplan for the study for Executive Officer approval by August 22, 2027. The City shall submit a draft report of study results and preliminary recommendations for Executive Officer approval by August 16, 2028. Upon Executive Officer approval, the City shall begin implementing the study’s recommendations, either by requiring properties within the Serra Retreat Area to install AOWTS or connect to a package treatment plant(s) by June 13, 2029.
All interim measures, whether individual AOWTS or package treatment plant(s), shall conform to the requirements of the City of Malibu’s Local Agency Management Program (LAMP) and shall be completed by September 6, 2030. Property owners must secure building permits and operating permits per City ordinances. These systems must be inspected every three years by a City-certified AOWTS inspector. Additionally, the City shall amend its LAMP and ordinances to require property owners in the Serra Retreat Area to hire a qualified professional to conduct quarterly effluent sampling and analysis for the following parameters: total suspended solids, total nitrogen, including organic nitrogen, ammonia nitrogen, nitrate nitrogen, and nitrite nitrogen, total phosphorus, and Fecal Indicator Bacteria.
C. Phase Three:
1. The City will begin connecting parcels in the Phase Three purple-colored area (Exhibit A) to the Wastewater Treatment Facility, if necessary, following the completion of Phases One and Two after completion of a water quality sampling program. This program will assess whether Phases One and Two have effectively reduced bacteria and nitrogen concentrations in Malibu Lagoon, as defined below.
i. Bacteria reduction: Within two years after Phase One is completed, there should be a one-log reduction in bacteria concentration, measured as Most Probable Number (MPN) per 100 milliliters (mL), on a consistent basis (75% of samples). Within one year after Phase Two is completed, there should be an additional one-log reduction in bacteria concentration (as MPN/100 mL). Sampling should occur at a minimum of six locations in Malibu Lagoon, as agreed upon by the City and the Los Angeles Water Board, covering two dry seasons.
Baseline sampling data shall be collected 12 months prior to completion of the treatment system.
ii. Nitrogen reduction: Within two years after Phase One is completed, there should be a 50% reduction in total nitrogen concentration (measured as mg/L) on a consistent basis (75% of samples). Within 15 Attachment 2
one year after Phase Two is completed, there should be an additional 50% reduction in total nitrogen concentration (in mg/L). Sampling should include a minimum of six locations within the Malibu Lagoon, as agreed upon by the City and the Los Angeles Water Board, covering two dry seasons. Base line sampling data shall be collected 12 months prior to completion of the treatment system.
2. Should the City and the Los Angeles Water Board determine that the implementation of Phase One and Phase Two has resulted in bacteria and nitrogen reduction as set forth in II.C.l above, the City shall proceed with implementation of Phase Three excluding any properties that the Los Angeles Water Board concludes and the City has demonstrated to have no contribution to bacteria or nutrient impacts to the Malibu Creek and Malibu Lagoon. Phase Three shall be completed and all non-excluded properties connected to the Wastewater Treatment Facility by March 22, 2035.
3. Between the date of the signing of this MOU and upon the determination that a Phase Three is or is not necessary, the City may authorize property owners within Phase Three areas to modify existing buildings upon installation of a filtration and disinfection system to their existing OWDSs in accordance with City regulations and waste discharge requirements only if the City finds that the modification is consistent with the protection of public health and the Basin Plan Amendment and if the property owner is notified of the provisions of the Basin Plan Amendment and the MOU. On March 31 and
September 30 of each year, the City shall send written reports of any modifications approved in Phase III to the Los Angeles Water Board.
D. Water Sampling:
The City shall conduct water quality monitoring, including baseline monitoring in both the wet season and dry season, prior to startup of Phase Two and quarterly thereafter, to evaluate the effectiveness of the Wastewater Treatment Facility, as described in paragraph C above, throughout the project phases, which shall be concluded no later than March 22, 2032. The baseline water quality monitoring includes monitoring of surface water quality at ten locations and groundwater quality in nine shallow and deep groundwater wells, as required by the Monitoring and Reporting Program (MRP) No. CI 10042, issued by the Los Angeles Water Board in 2015.
E. Quarterly Monitoring Reports:
The City shall submit electronic quarterly progress reports in pdf format by January 30th, April 30th, July 30th, and October 30th and an annual summary report by January 30th of each year to the State Water Board GeoTracker database until such time that the Los Angeles Water Board determines that 16 Attachment 2
compliance with the prohibitions has been achieved.
ARTICLE III - Responsibilities of the Water Boards
A. No Amendments: The Water Boards agree that they will not adopt any amendment to the Basin Plan Amendment, as long as this MOU is in effect, except that the Parties understand that amendments to the Basin Plan Amendment may be necessary to implement Phase Three and will cooperate to achieve the purposes of this MOU.
B. Failure to Comply/No Third Party Beneficiary: The Water Boards agree that they will not enforce the prohibitions against the property owners set forth in the Basin Plan Amendment so long as the City is in substantial compliance with the Plan set forth in Article II of this MOU and the property owners are in compliance with the Basin Plan Amendment conditions, applicable City requirements, and waste discharge requirements or a waiver issued by the Los Angeles Water Board. Notwithstanding the foregoing, this MOU does not create any rights in or obligation to any third party and may only be enforced by the Parties to this MOU.
C. WDRs Application Processing: The Los Angeles Water Board agrees to process and issue WDRs in a timely manner so not to delay the City's ability to meet the deadlines set forth in this MOU, and the permitting deadlines set forth in this MOU shall be extended by the amount of time beyond six months that the City's application for WDRs is pending before the Water Boards. The Los Angeles Water Board's decision to issue WDRs will be based on the administrative record after a public hearing and nothing in this MOU prejudges its decision.
D. Funding Assistance: The Los Angeles Water Board agrees to assist the City in obtaining funding for the Wastewater Treatment Facility upgrade and any associated water quality monitoring.
E. Studies: The City will continue to supply the Los Angeles Water Board with any ongoing or new water quality studies and monitoring reports that are completed within or near the Prohibition Area. The Los Angeles Water Board will consider all relevant available information in determining whether to remove any properties within Phase Three from the prohibition boundaries; specifically and without limitation, the Parties agree to evaluate whether new reports provide sufficient scientific evidence that inclusion of certain areas within Phase Three is no longer justified within the Prohibition boundary. The Los Angeles Water Board and the City intend to work cooperatively on any necessary amendment to the Basin Plan Amendment.
17 Attachment 2
ARTICLE IV - Tolling
A. Tolling Extended: The Parties agree that the period during which the City must bring an action against the Water Boards challenging any aspect of the Water Board actions, including but not limited to the procedures the Water Boards followed and its environmental review under the CEQA, is hereby tolled and extended as of the effective date of this MOU for as long as this MOU is in effect, unless the tolling agreement is terminated earlier or extended by the Parties (the "Tolling Period"). The tolling agreement became effective on the date this MOU was originally signed by the City on August 11, 2011.
B. No Time-Bar Defenses: The Parties further agree that there shall be a suspension of any and all applicable statutory limitations and non-statutory periods, including, without limitation, the equitable doctrine of laches, which may otherwise apply to the City's claims, during the Tolling Period.
C. No Revival of Stale Claims: Nothing in this Agreement shall revive any claim, which, as of the commencement of the Tolling Period, would have been barred by any applicable statute of limitations.
D. No Admission: The entry into this Agreement by the Parties shall not be construed to represent any admission by any Party with respect to the subject or sufficiency of any Party's claims or any defenses thereto.
E. Lawsuits: The City agrees that while this MOU is in effect it will not file any litigation regarding the Basin Plan Amendment against the Water Boards, nor will it join in or support any third-party lawsuits against the Water Boards that may arise from the implementation of this MOU or the adoption of the Basin Plan Amendment.
ARTICLE V - Term of MOU
A. Term of MOU: The term of this MOU shall begin upon the date of the last signature below and shall terminate on completion of Phase Three, unless terminated earlier pursuant to this Article. During the term of this MOU, the Parties agree to negotiate, in good faith, modifications to the MOU that may be reasonably necessary to assure implementation of the Plan, including, but not limited to, the following changed circumstances:
1. There is a material change in the regulatory framework for wastewater management or water quality standards relevant to the implementation of the Plan in the Malibu Civic Center Area or the Basin Plan Amendment that would require additional time to implement; or
2. There is a material change in the cost or other impediment that warrants the Parties’ attention in order to assure successful implementation of the 18 Attachment 2
Plan in the Malibu Civic Center Area that would require additional time to implement.
B. Termination: This MOU may be terminated by the City, the State Water Board, or the Los Angeles Water Board by giving 45 days prior written notice in accordance with the notice provisions in Article VI(A) hereof. Said termination shall be effective only upon a duly noticed public meeting conducted by the City, the State Water Board, or the Los Angeles Water Board.
ARTICLE VI - General Provisions
A. Notices: Any notices or other communication required or permitted by this MOU shall be in writing and shall be delivered to the Representatives of the Party at the addresses set forth below. Parties shall promptly notify each other of any change of contact information provided below. Written notice shall include notice delivered via email. A notice shall be deemed to have been received on (a) the date of delivery, if delivered by hand during regular business hours, or by confirmed facsimile or by email; or (b) on the third business day following deposit in the United States mail, postage prepaid to the addresses set forth below.
To the State Water Board:
Eric Oppenheimer, Executive Director
State Water Resources Control Board
P.O. Box 100
Sacramento, CA 95812-0100
Email: [email protected]
Michael A.M. Lauffer, Chief Counsel
State Water Resources Control Board
P.O. Box 100
Sacramento, CA 95812-0100
Email: [email protected]
To the Los Angeles Water Board:
Susana Arredondo, Executive Officer
Los Angeles Regional Water Quality Control Board
320 W. Fourth Street, Suite 200
Los Angeles, CA 90013
Email: [email protected]
19 Attachment 2
James Kang, Ph.D., P.E.
Manager, Groundwater Permitting, Land Disposal, and
Commercial, Industrial, and Institutional Stormwater
Permitting Section
Los Angeles Regional Water Quality Control Board
320 W. Fourth Street, Suite 200
Los Angeles, CA 90013
Email: [email protected]
mailto:Amelia Carder, Attorney III
State Water Resources Control Board
1001 I Street, 22nd Floor
Sacramento, CA 95814
Email: [email protected]
mailto:To the City:
Marianne Riggins, City Manager
23825 Stuart Ranch Road
Malibu, CA 90265
Email: [email protected]
Rob DuBoux, Public Works Director/City Engineer
Public Works Department
City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265 Email: [email protected]
Trevor Rusin, Interim City Attorney
Best Best & Krieger
300 South Grand Ave., 25th Floor
Los Angeles, CA 90071
Email: [email protected]
B. Relationship of the Parties: The Parties are and shall remain at all times as to each other, wholly independent entities. No Party to this MOU shall have power to incur any debt, obligation, or liability on behalf of another Party or otherwise act as an agent of another Party except as expressly provided to the contrary by this MOU.
C. Cooperation, Further Acts: Parties shall cooperate fully with one another to attain the purposes of this MOU. The City will report regularly to the Los Angeles Water Board on the status of progress in implementing this MOU.
D. Amendments: All amendments must be in writing, approved and executed by all Parties. The Parties shall meet and confer prior to the conclusion of Phase One, or other times as appropriate, to evaluate the need for revisions to the 20 Attachment 2
schedule for Phase Two and Phase Three.
E. Reservation of Rights: Each Party shall be solely responsible and liable in connection with its actions associated with its responsibilities under this MOU.
For purposes of this MOU, the relationship of the parties is that of independent entities and not as agents of each other or as joint venturers or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. Nothing in this MOU is intended to limit the legal authority or responsibilities of the Parties, except as agreed to herein. The Los Angeles Water Board intends to terminate the MOU if the City is not in substantial compliance with the Plan set forth herein; in which case, the Water Boards may enforce the Basin Plan Amendment as written against the City and other entities as authorized by the Porter-Cologne Water Quality Control Act or other applicable law.
F. Third Parties: Nothing in this MOU is intended to create duties or obligations to or rights in third parties to this agreement or effect the legal liability of the parties to this MOU.
G. Enforcement: The Parties agree to cooperate in implementation of the Basin Plan Amendment as set forth in this MOU. The Los Angeles Water Board and the State Water Board have jurisdiction to enforce the Basin Plan Amendment.
The City agrees to coordinate in any enforcement action by supplying the Water Boards with property and owner information. The City agrees to require connection to the Wastewater Treatment Facility for every parcel within an approved assessment district. Should any property owner within an assessment district refuse to connect, the Parties agree to coordinate in all necessary action as described above to gain compliance. The City and the Water Boards shall use their respective enforcement authorities to attain compliance with the Basin Plan Amendment.
If an assessment district is not approved by dischargers in Phase Two, the Los Angeles Water Board may enforce all State policies, plans, or regulations to gain compliance, including the requirement to upgrade each OWDS to advance treatment, or other appropriate means by February 1, 2029.
Advanced treatment for OWDS is defined as disinfection treatment to a level that meets applicable water quality standards for Fecal Indicator Bacteria and denitrification not to exceed a total nitrogen concentration of 10 mg/L. All property owners that are required to upgrade their system will need to obtain City of Malibu building permits and obtain an operating permit in accordance with City ordinances. The City's operating permit program requires that advanced residential OWDS must be inspected every three years by a certified OWDS inspector. The Los Angeles Water Board will also require effluent monitoring for these systems that shall be submitted and reviewed by the Los Angeles Water Board on a quarterly basis for total suspended solids, total nitrogen, total phosphorus, and Fecal Indicator Bacteria as appropriate. 21 Attachment 2
H. Dispute Resolution: The Parties agree to attempt to informally resolve any disputes that arise with respect to this MOU prior to terminating the MOU by notifying the other party if a dispute arises and identifying the issues in dispute.
Each party reserves its rights if informal dispute is not effective.
I. Governing Law: This MOU is governed by, interpreted under and construed and enforced in accordance with the laws of the State of California.
J. Authorized signatures: The Parties hereby represent and warrant that their respective signatory of this MOU is duly authorized to execute and bind the agency for which he signs.
K. Severability: If any provision of this MOU shall be determined by any court to be invalid, illegal or unenforceable to any extent, the remainder of this MOU shall not be affected and this MOU shall be construed as if the invalid, illegal or unenforceable provision had never been contained in this MOU.
IN WITNESS WHEREOF, the Parties to this MOU have caused this MOU to be executed on their behalf as of the date specified below, respectively, as follows:
FOR THE STATE WATER RESOURCES CONTROL BOARD:
Dated: Eric Oppenheimer, Executive Director
State Water Resources Control Board
Eric Oppenheimer
APPROVED AS TO FORM:
Michael A. M. Lauffer, Chief Counsel
State Water Resources Control Board
Michael A .M. Lauffer
22 Attachment 2
FOR THE LOS ANGELES REGIONAL WATER QUALITY CONTROL BOARD:
Dated: Susana Arredondo, Executive Officer
Los Angeles Regional Water Quality Control
Board
Susana Arredondo
APPROVED AS TO FORM:
Amelia Carder, Attorney III
State Water Resources Control Board
Amelia Carder
23 FOR THE CITY OF MALIBU:
Dated: Bruce Silverstein, Mayor
City of Malibu
Bruce Silverstein
ATTEST:
Kelsey Pettijohn,
City Clerk
Kelsey Pettijohn
APPROVED AS TO FORM:
Trevor Rusin
Interim City Attorney
Trevor Rusin
24 Exhibit A: Phases Two and Three Implementation Boundary Map 25 Attachment 3
Draft 2026 Malibu MOU Implementation Schedule
June 8, 2026
Task Item MOU Implementation Schedule
MOU Amendment:
- City Council Update (19 Days)
- RB Public Notice and Comment Period (30 Days)
- RB Board Approval (13 Days)
- City Final Approval (28 Days)
5/20/2026 – 6/8/2026
6/9/2026 – 7/9/2026
7/10/2026 - 7/23/2026
7/27/2026 – 8/24/2026
Phase 2 Project Re-Design:
- Re-Design Financing/Bond (182 Days)
- Amended Design Agreement (30 Days)
- Preliminary Re-Design, including Revised Eng. Design Report (180 Days) - Final Re-Design (240 Days)
8/24/2026 – 2/22/2027
1/23/2027 – 2/22/2027
2/23/2027 – 8/22/2027
8/23/2027 – 4/19/2028
Serra Retreat Feasibility
- Serra Retreat Feasibility Report (360 Days)
- Serra Retreat Pre-Implementation (180 Days)
8/22/2027 – 8/16/2028
8/17/2028 – 2/13/2029
Community Outreach (428 Days) 8/22/2027 – 10/23/2028
Securing Easements (322 Days) 8/23/2027 – 7/10/2028
Environmental/Coastal Development Permitting (CDP):
- Addendum to EIR (180 Days)
- Amendment to CDP (180 Days)
8/22/2027 – 2/18/2028
8/22/2027 – 2/18/2028
DFA SRF Review and Approval:
- Amended Scope of Work for SRF Application (60 Days)
- SRF Environmental Review (241 Days)
- SRF Legal Review (60 Days)
- SRF Funding Agreement Execution – LA Water Board (30 Days) - SRF Funding Agreement Execution – City of Malibu (30 Days) 2/22/2027 – 4/23/2027
8/22/2027 – 4/19/2028
11/22/2028 – 1/21/2029
1/21/2029 – 2/20/2029
2/20/2029 – 3/23/2029
Construction Bidding:
- Advertise for Construction Bidding (60 Days)
- Receive and review construction bids (21 Days)
3/29/2028 – 5/28/2028
5/28/2028 – 6/18/2028
Assessment District Formation:
- Assessment District Engineer’s Report (280 Days)
- Notice to Initial Assessment District (30 Days)
- Prop 218 Notice Period (45 Days)
- Formation of Phase 2 Assessment District (30 Days)
10/4/2027 – 7/10/2028
7/10/2028 – 8/9/2028
8/9/2028 – 9/23/2028
9/23/2028 – 10/23/2028
Construction:
- Award of construction contracts (30 Days)
- Construction of Pipelines and Pump Stations (422 Days) - Construction of Phase 2 treatment plant upgrades (450 Days) - Startup and Commissioning (90 Days)
- Private Lateral Connections and startup (280 Days)
2/21/2029 – 3/23/2029
3/23/2029 – 5/19/2030
3/23/2029 – 6/16/2030
6/16/2030 – 9/14/2030
6/16/2030 – 3/23/2031
Serra Retreat Implementation (450 Days) 6/13/2029 – 9/6/2030 Water Quality Assessment Report (365 Days) 3/23/2031 – 3/22/2032 Phase 3 completion, if necessary (1,095 Days) 3/22/2032 – 3/22/2035 26
Agenda Item # 7.B.
Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Jorge Rubalcava, Senior Civil Engineer
Reviewed by: Tatiana Holden, Assistant Public Works Director/City Engineer Approved by: Joseph D. Irvin, City Manager
Date prepared: April 13, 2026 Meeting date: June 8, 2026 Subject: Review of Application Process for Additional Wastewater Allocation in the Civic Center Wastewater Treatment Facility (CCWTF)
RECOMMENDED ACTION: 1). Authorize the development of an application process for properties seeking additional wastewater allocation within Civic Center Wastewater Treatment Facility Phase One; and 2). Provide direction to staff on the development of such process.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
Should upgrades to the CCWTF be required, funding would be provided through the existing assessment district, which may require modification. Any costs associated with property-specific improvements or revisions would be the responsibility of the requesting property owner.
STRATEGIC PRIORITY: This item supports the City’s 2025 -2028 Strategic Plan Goal 3:
Advance Infrastructure Resilience.
DISCUSSION: On November 5, 2009, the Regional Water Quality Control Board (RWQCB) approved a resolution prohibiting the use of septic systems in the Malibu Civic Center Area. On September 21, 2010, the State Water Resources Control Board (SWRCB) approved the action taken by the RWQCB, thereby amending the State Basin Plan. The plan established certain dates by which properties in the Civic Center area were required to cease discharge and provided for a municipally owned wastewater treatment facility to be constructed.
City Council Meeting
06-08-26
Item
7.B.
1
Agenda Item # 7.B.
On June 27, 2011, the Council approved a Memorandum of Understanding (MOU) between the City, the RWQCB and the SWRCB regarding the implementation of the Basin Plan Amendment for the Malibu Civic Center Area Prohibition. The MOU was amended in December 2014 and again in February 2017 to extend certain dates. Under the amended MOU, properties in Phase One of the Prohibition Area (primarily the commercial core of the Civic Center) were required to connect to a centralized wastewater treatment facility by September 30, 2018. All of the developed properties in Phase One were successfully connected by the mandated date, and the facility is completely operational.
The CCWTF was designed with a modular approach, allowing additional equipment and infrastructure required for future Phases Two and Three to be incorporated as needed.
The CCWTF was originally designed with a maximum day flow capacity of 276,000 gallons per day (gpd) and a maximum day biochemical oxygen demand (BOD) loading capacity of 668 pounds per day (lb/day). The projected Phase One buildout values assumed that vacant Phase One parcels would ultimately be developed in accordance with the assumptions outlined in the Assessment District (AD) Report, including projected future flows and loading conditions. Based on these projections, the estimated Phase One buildout maximum day flow would be approximately 215,439 gpd, utilizing approximately 78 percent of the facility’s current hydraulic capacity. However, the projected Phase One buildout maximum day BOD loading would be approximately 665 lb/day, utilizing approximately 99 percent of the facility’s current BOD treatment capacity. Therefore, it is assumed that the CCWTF has no excess treatment capacity within the existing Phase One facilities if all vacant Phase One parcels are fully developed as described in the AD Report.
If Phase One property owners seek to increase their wastewater flows or organic loading beyond the assumptions identified in the AD Report, the City would need to carefully evaluate the impacts on the treatment facility’s capacity. This evaluation would include quantifying the additional BOD loading and hydraulic flows, assessing hydraulic and process impacts to the various treatment systems, and identifying any necessary facility upgrades required to accommodate the proposed increases.
The assigned wastewater allocations per the Modified Engineer’s Report for each parcel are critical to ensuring that the wastewater treatment plant operates efficiently, remains within its permitted capacity, and complies with applicable regulatory standards.
During the Phase One implementation process, City staff conducted numerous stakeholder meetings. Property owners were provided with the opportunity at that time to negotiate and agree on wastewater allocation based on existing developments and anticipated future development plans.
The City received a land development application from the property owners of 3700 La Paz Lane (APN 4458-022-025) to construct a new single-family residence, a second-unit 2
Agenda Item # 7.B.
guest house, and twenty proposed multi-family residential units on the parcel. The property is zoned Community Commercial. Per the Modified Engineer’s Report (2015), this parcel has existing wastewater allocation of 1,469.3125 gpd. As proposed, the development has a total projected demand of 4,900 gpd. This demand exceeds the parcel’s assigned wastewater allocation by 3,430.6865 gpd. As part of the review of the land development application, the applicant inquired about the potential availability of additional wastewater allocation for future development within the Phase One boundary.
To evaluate if the process of allowing Phase One parcels to request additional allocations is feasible, staff reviewed the data demonstrating at what capacity the plant currently operates. At present, CCWTF operates below its permitted maximum capacity. On the highest recorded operating day, the plant has operated at approximately 47% of its maximum day design capacity.
However, this operating margin is largely attributable to the fact that Phase One has undeveloped parcels which are not connected to the treatment plant using their allocated wastewater flows. As additional parcels develop and connect using their assigned allocations, this operational buffer will decrease proportionally.
While sufficient hydraulic capacity currently exists within the treatment plant, the wastewater allocation framework established under Phase One was designed to manage long-term buildout conditions and ensure equitable distribution of capacity among properties within the service area.
Staff is seeking Council direction to develop and implement an application process for property owners within the Phase One boundary to request additional wastewater allocation. If approved, the following steps will be implemented:
1. Staff will conduct public outreach to notify property owners within Phase One of the additional wastewater allocation request procedure.
2. Staff will create and distribute the application form for a 60-day period.
3. The submitted requests will be evaluated using engineering, operational, and regulatory criteria to determine whether additional allocation capacity may be available within Phase One. If it is determined that additional capacity can be accommodated within Phase One, modifications to Assessment District will be required.
4. If evaluation results reveal that upgrades to the Treatment Plant are necessary and feasible, staff will report back to Council to seek further direction.
ATTACHMENTS:
1.) Approved Modified Engineer’s Report, December 2015
3 MODIFIED
ENGINEER'S REPORT
CITY OF MALIBU
ASSESSMENT DISTRICT NO. 2015-1
(CIVIC CENTER WASTEWATER TREATMENT FACILITY -
PHASE 1)
December 9, 2015
Prepared for
CITY OF MALIBU
23825 Stuart Ranch Road
Malibu, CA 90265
Prepared by
DAVID TAUSSIG & ASSOCIATES, INC.
5000 Birch Street, Suite 6000
Newport Beach, CA 92660
4 MODIFIED ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 2015-1
(CIVIC CENTER WASTEWATER TREATMENT FACILITY-PHASE 1)
CITY OF MALIBU
Pursuant to the provisions of the "Municipal Improvement Act of 1913," being Division 12 of the Streets and Highways Code of the State of California and as amended (the "Act"), and in accordance with the Resolution Ordering Changes to the Engineer's Report, being Resolution No. 15-51, adopted by the CITY COUNCIL of the City of Malibu (the "City Council"), STATE OF CALIFORNIA, in connection with the proceedings for ASSESSMENT DISTRICT NO. 2015-1 (Civic Center Wastewater Treatment Facility - Phase I) (hereinafter referred to as the "Assessment District"), the undersigned herewith submits the Modified Engineer's Report for the Assessment District (the "Modified Report"), consisting of seven (7) parts ("Parts") as follows:
PART I -PLANS AND SPECIFICATIONS AND DESCRIPTION OF IMPROVEMENTS The plans and specifications for the proposed improvements are on file in the Offices of the City Clerk and the Director of Public Works of the City of Malibu (the "City") and are referenced herein and incorporated as if attached and a part of this Modified Report. This Part also contains a description of the proposed improvements to be installed by the Assessment District.
PART II -IMPROVEMENT COST ESTIMATE
This Part contains an estimate of the cost of the proposed improvements, including incidental costs and expenses in connection therewith.
PART III -ANNUAL ADMINISTRATIVE COSTS
This Part contains the maximum annual amount to be assessed to pay costs associated with the administration and collection of assessments, administration or registration of bonds, and/or reserve or other related funds.
PART IV -ASSESSMENT ROLL
This Part contains the following information:
1. A proposed assessment of the total amount of the costs and expenses of the proposed improvements upon the several subdivisions of land within the Assessment District, in proportion to the estimated benefits to be received by such subdivisions, from said improvements, as set forth upon the assessment roll filed herewith and made a part thereof; and
2. A proposed maximum annual assessment upon the several subdivisions of land within the Assessment District to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments.
Modified Engineer's Report
City of Malibu Assessment District No. 2015-1
Pagel
December 9, 2015
5 PART V - ASSESSMENT DIAGRAM
This Part contains a diagram showing the Assessment District, the boundaries and the dimensions of the subdivisions of land within said Assessment District, as the same existed at the time of the passage of the Resolution No. 15-27 ("Resolution of Intention"), and is filed herewith and made a part hereof, and part of the assessment.
PART VI - REPORT UNDER PART 7.5 OF DIVISION 4
OF THE CALIFORNIA STREETS AND HIGHWAYS CODE
This Part satisfies the requirements of Part 7.5 of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931," which is Division 4 of the Streets and Highways Code of the State of California. This Part identifies the total principal amount of all unpaid special assessments required or proposed to be levied, the total true value of the parcels within the Assessment District, and the total amount of the principal sum of unpaid special assessments proposed by this Assessment District.
PART VII- CERTIFICATES
This Part shall consist of sub-parts with the following information:
A. Rights-of-way certificate; and
B. Environmental certification.
Dated this 3_ day of '/;ec., 2015.
Modified Engineer's Report
City of Malibu Assessment District No. 2015-1
David Taussig & Associates, Inc.
,��n� R.C.E. C23473
Assessment Engineer
City of Malibu
State of California
Page2
December 9, 2015
6 PRELIMINARY APPROVAL BY THJ CITY COUNCIL OF THE CITY OF MALIBU, CALIFORNIA,ON THE�DAYOF une. ,2015.
City Clerk
City of Malibu
State of California
FINAL APPROVAL BY THE CITY COUNCIL OF THE CITY OF MALIBU, CALIFORNIA, ON THE2.Sth DAY OF UWll..ltlrr� 2016.
Modified Engineer's Report
City of Malibu Assessment District No. 2015-1
City of Malibu
State of California
Page3
December 9, 2015
7 MODIFIED ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 2015-1
(CIVIC CENTER WASTEWATER TREATMENT FACILITY -PHASE 1)
CITY OF MALIBU
PART I
PLANS AND SPECIFICATIONS AND DESCRIPTION OF IMPROVEMENTS The plans and specifications which describe the general nature, location, and extent of the improvements for the Assessment District are on file in the Offices of the City Clerk and the Director of Public Works of the City and are referenced herein and incorporated as if attached and a part of this Modified Report. A map showing the general location and improvements for the Assessment District is attached as Exhibit A. A general description of the improvements is set forth below.
DESCRIPTION OF WORKS OF IMPROVEMENT
The works of improvements to be financed by the Assessment District will include the design and construction of the wastewater treatment plant, wastewater collection and recycled water distribution system, and a recycled water injection system required pursuant to the Memorandum of Understanding Regarding Phased Implementation of Basin Plan Amendment Prohibiting OnSite Wastewater Disposal Systems in the Malibu Civic Center Area entered into by and between the City of Malibu, the Regional Water Quality Control Board, Los Angeles, and the State Water Resources Control Board (the "MOU"). It should be noted that the purpose of the recycled water distribution and injection system is the disposal of treated wastewater. The Assessment District will also finance the acquisition of the land on which the wastewater treatment plant will be located.
Modified Engineer's Report
City of Malibu Assessment District No. 2015-1
Page4
December 9, 2015
8 MODIFIED ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 2015-1
(CIVIC CENTER WASTEWATER TREATMENT FACILITY - PHASE 1)
CITY OF MALIBU
PART II
IMPROVEMENT COST ESTIMATE
This Part presents the estimated cost of the works of improvements. Table II-1 shows the gross and net cost of the works of improvements. There are three adjustments made to the gross cost of the works of improvements to arrive at the net assessable costs. First, pursuant to Article XIII D, Section l(a) of the California Constitution, the cost of the works of improvements necessary to serve only those parcels within the Assessment District is separated from the total cost of the works of improvements. In the case of the works of improvements for the Assessment District, the wastewater collection system and recycled water distribution system have been oversized in order to accommodate potential wastewater flow and recycled water attributable to property located in future phases identified in and subject to the provisions of the MOU. This Assessment District will not pay for the cost of this oversizing. Second, excess County of Los Angeles sewer project funds in the amount of $1,172,652 are applied as a credit against the estimated design cost of the works of improvements. Third, the estimated cost of the works of improvement are adjusted to reflect the funding of a portion of the design costs by Community Facilities District No. 2012-1 of the City of Malibu ("CPD 2012-1"). In January of 2013, CPD 2012-1 issued $6,500,000 in bonds to fund $5,000,000 of design costs. The Assessment District will pay off and refinance the CPD No. 2012-1 indebtedness. Therefore, the cost of the retirement of the CPD 2012-1 indebtedness ($6,346,324.27) is added and the amount of the design costs funded by CPD 2012-1 ($5,000,000) are deducted from the cost of the works of improvements. Fourth, the estimated cost of the works of improvement are further adjusted to reflect the funding of a portion of the construction costs by a grant through the Water Recycling Funding Program of the California State Water Resources Control Board.
The estimated assessment amount corresponding to the financing of the net cost of the works of improvements is shown in Table II-2. The net improvement costs will be assessed to each property in accordance with the Method of Assessment set forth in Exhibit B. The Assessment Roll identifying each parcel of real property within the Assessment District and its assessment is included in Exhibit C. As with the description of the improvements, the improvement costs are preliminary estimates.
Modified Engineer's Report
City of Malibu Assessment District No. 2015-1
PageS
December 9, 2015
9 TABLE 11-1
ASSESSMENT DISTRICT NO. 2015-1
(CIVIC CENTER WASTEWATER TREATMENT FACILITY -PHASE 1)
IMPROVEMENT COST ESTIMATE
Net
Gross Assessable
Costs Adjustments Costs
I. Construction
A. Wastewater Treatment Plant $22,305,666.00 $21,889,666.00
1. Grant ($416,000.00)
B. Wastewater Treatment Plant Site $4,100,000.00 $4,100,000.00 C. Collection/Distribution System $17,825,684.00
1. Collection System $14,076,845.00
2. Distribution System $6,933,372.00
3. Oversizing Credit ($1,600,533.00) I
4. Grant ($1,584,000.00) I
D. Recycled Water Injection System $2,186,445.00 $2,186,445.00 II. Design $7,416,873.00 $7,391,545.27
1. Oversizing Credit ($199,000.00)
2. Los Angeles County Credit ($1,172,652.00)
3. CPD 2012-1 Credit ($5,000,000.00)
4. Payoff of CPD 2012-1 $6,346,324.27
III. CM/Engineering Services $4,017,000.00 $4,017,000.00 TOTAL $61,036,201.00 ($3,625,860.73) $57,410,340.27
1 The oversizing credit and grant shown under LC are allocated between the wastewater collection system and the recycled water distribution system in proportion to the associated hard costs.
Modified Engineer's Report
City of Malibu Assessment District No. 2015-1
December 9, 2015
10 TABLE 11-2
ASSESSMENT DISTRICT NO. 2015-1
(CIVIC CENTER WASTEWATER TREATMENT FACILITY - PHASE 1)
BOND ASSESSMENT ESTIMATE
Description
I. Total Amount to Assessment
II. Facility Construction
A. Treatment Plant
B. Collection/Distribution System
C. Design/CM/Engineering Services
III. Assessment District Procedural and Formation Costs IV. Bond Issuance Costs
A. Capitalized Interest/Construction Period Interest
B. Bond/Loan Reserve Fund
C. Underwriting, Legal, Professional Costs
Modified Engineer's Report
City of Malibu Assessment District No. 2015-1
Estimated Costs and Expenses
As
Preliminarily
Approved
$49,725,000.00
$19,893,500.00
$8,532,000.00
$11,291,225.13
$158,990.00
$5,469,750.00
$3,709,114.62
$670,420.25
As
Confirmed
$63,688,774.33
$25,989,666.00
$20,012,129.00
$11,408,545.27
$158,990.00
$1,547,708.33
$4,244,648.73
$327,087.00
December 9, 2015
11 TABLE 11-3
ASSESSMENT DISTRICT NO. 2015-1
(CIVIC CENTER WASTEWATER TREATMENT FACILITY - PHASE 1)
RECAPITULATION OF IMPROVEMENT COSTS AND AMOUNT TO ASSESSMENT Description
I. Total Amount to Assessment
II. Works of Improvements Design and Construction
III. Assessment District Procedural and Formation Costs IV. Bond/Loan Issuance Costs
Modified Engineer's Report
City of Malibu Assessment District No. 2015-1
Estimated Costs and Expenses
As
Preliminarily
Approved
$49,725,000.00
$39,716,725.13
$158,990.00
$9,849,284.87
As
Confirmed
$63,688,774.33
$57,410,340.27
$158,990.00
$6,119,444.06
Page8
December 9, 2015
12 MODIFIED ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 2015-1
(CIVIC CENTER WASTEWATER TREATMENT FACILITY -PHASE 1)
CITY OF MALIBU
PART III
ANNUAL ADMINISTRATIVE COSTS
NOTICE IS HEREBY GIVEN that, pursuant to Subdivision (f) of Section 10204 of the Streets and Highways Code of the State of California, an Annual Administrative Assessment shall be levied on each parcel and subdivision of land within the Assessment District to pay for the necessary costs and expenses incurred, and not otherwise reimbursed, resulting from the administration and collection of assessments and from the administration or registration of any bonds and/or reserve or other related funds.
The maximum amount of such Annual Administrative Assessment for the Assessment District shall not exceed a total of $25,000 which may increase annually at a compound rate beginning January 1, 2016 by the lesser of (i) five percent (5%), or (ii) the annualized positive change, if any, in the U.S. Consumer Price Index, All Urban Consumers, for Los Angeles - Riverside - Orange County, as of January 1 of each year. The Annual Administrative Assessment for each such parcel of land shall be computed based on that parcel's proportionate share of the total annual assessment (exclusive of the Annual Administrative Assessment). The Annual Administrative Assessment is in lieu of the $8.00 per assessment installment allowed by law.
Modified Engineer's Report
City of Malibu Assessment District No. 2015-1
Page9
December 9, 2015
13 MODIFIED ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 2015-1
(CIVIC CENTER WASTEWATER TREATMENT FACILITY - PHASE 1)
CITY OF MALIBU
PART IV
ASSESSMENT ROLL
WHEREAS, on June 8, 2015, the City Council did, pursuant to the provisions of the Act, adopt its Resolution of Intention declaring its intention to order the construction of certain improvements, together with appurtenances and appurtenant work in connection therewith, and to form the Assessment District; and,
WHEREAS, said Resolution of Intention, as required by law, did direct the appointed Assessment Engineer to make and file a report (the "Engineer's Report"), consisting of the following:
1. Plans;
2. Specifications;
3. General Descriptions;
4. Cost estimate;
5. Assessment Diagram showing the Assessment District and the subdivisions of land contained therein; and
6. A proposed assessment of the costs and expenses of the works of improvement levied upon the parcels and lots of land within the boundaries of the Assessment District.
For particulars, reference is made to the Resolution of Intention as previously adopted; and WHEREAS, on June 8, 2015, the City Council did adopt its Resolution No. 15-28 heretofore preliminarily approving the Engineer's Report; and,
WHEREAS, subsequent to June 8, 2015, (i) RMC Water and Assessment Engineer notified the City that there was an error in the methodology it used to determine the organic load (the "BOD"), (ii) the City has agreed to purchase the site on which the wastewater treatment facility will be constructed for $4,100,00 rather than $5,892,500 as set forth in the Engineer's Report, (iii) the wastewater treatment facility will be constructed for $13,001,0000 rather than $14,001,0000 as set forth in the Engineer's Report, and (iv) the property owner of Assessment No. 3 (APN 4452-011-035) has petitioned the City to increase the flow allocated to its parcel from 1,118 gallons per day to 2,300 gallons per day (collectively, the "Changes"); and, WHEREAS, on August 10, 2015, the City Council did, pursuant to the provisions of the Act, adopt its Resolution No. 15-51 to direct the Assessment Engineer to revise and modify the Engineer's Report to reflect the Changes; and,
Modified Engineer's Report
City of Malibu Assessment District No. 2015-1
December 9, 2015
14 WHEREAS, on October 14, 2015, the City Council did, pursuant to the provisions of the Act, adopt Resolution No. 15-65 continuing the Public Hearing to January 25, 2016 and ordering further changes to the Assessment Engineer's Report for the City of Malibu Assessment District No. 2015-1 (Civic Center Wastewater Treatment Facility- Phase One) to reflect the opening of construction bids on December 8, 2015; and
WHEREAS, the assessments for the parcels identified herein as Assessment No. 36 and Assessment No. 37 have been reduced to zero as they were acquired by the County of Los Angeles (the "County") for purposes of road right-of-way and are anticipated to be quitclaimed by the County to the City with the condition that the property can only be used for those purposes authorized in Sections 2 and 9 of Article XIX of the California Constitution and Section 2101 of the California Streets and Highways Code thereby rendering these properties undevelopable for private purposes.
NOW, THEREFORE, I, the undersigned, authorized representative of David Taussig & Associates, Inc., the duly appointed ASSESSMENT ENGINEER, pursuant to the Act, do hereby submit the following:
1. Pursuant to the provisions of law and the Resolution of Intention, I have assessed the modified costs and expenses of the works of improvements to be performed in the Assessment District upon the parcels of land in the Assessment District benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels. For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is attached hereto as Exhibit D;
2. As required by law, the Assessment Diagram is hereto attached, showing the Assessment District, as well as the boundaries and dimensions of the respective parcels and subdivisions of land within said Assessment District as the same existed at the time of the passage of said Resolution of Intention, each of which subdivisions of land or parcels or lots respectively have been identified by Assessor's Parcel Number and Assessment Number upon said Assessment Diagram and in said Assessment Roll;
3. The subdivisions and parcels of land and the numbers shown on the respective Assessment Diagram as attached hereto correspond with the numbers as appearing on the Assessment Roll as contained herein as Exhibit C;
4. NOTICE IS HEREBY GIVEN that serial bonds to represent unpaid assessments, which bear interest at a fixed or variable interest rate and term of not to exceed twelve percent per annum or such higher maximum interest rate as may be permitted by law, may be issued in the manner provided in Division 10 of the Streets and Highways Code (the Improvement Bond Act of 1915) and the last installment of such bonds shall mature in not to exceed 39 years from the second of September next succeeding 12 months from their date and/or one or more contracts for loans funded by the State (the "State Loans") and secured by the assessments to be levied on property in the Assessment District may be entered Modified Engineer's Report
City of Malibu Assessment District No. 2015-1
December 9, 2015
15 into pursuant to Section 10550 of the 1913 Act. The alternate procedure for collecting assessments and advance retirement of bonds as set forth in Part 11.1 of Division 10 of the Streets and Highways Code shall apply to these proceedings.
Pursuant to Section 8650.1 of said Code, the City Council may determine to issue said bonds so that other than an equal annual proportion of the principal amount shall mature each year;
5. NOTICE IS HEREBY GIVEN that, pursuant to Subdivision (f) of Section 10204 of the Streets and Highways Code of the State of California, an annual assessment shall be levied on each parcel and subdivision of land within the Assessment District to pay for the necessary costs and expenses incurred, and not otherwise reimbursed, resulting from the administration and collection of assessments and from the administration or registration of any bonds and/or reserve or other related funds (the "Annual Administrative Assessment"); The maximum amount of such Annual Administrative Assessment for the Assessment District shall not exceed a total of $25,000 which may increase annually at a compound rate beginning January 1, 2016, by the lesser of (i) five percent (5%), or (ii) the annualized positive change, if any, in the U.S. Consumer Price Index, All Urban Consumers, for Los Angeles - Riverside - Orange County, as of January 1 of each year. The Annual Administrative Assessment for each such parcel of land shall be computed based ori that parcel's proportionate share of the total annual assessment ( exclusive of the Annual Administrative Assessment). The Annual Administrative Assessment is in lieu of the $8.00 per assessment installment allowed by law;
6. By virtue of the authority contained in the Act and by further direction and order of the legislative body, I hereby make the following Assessment to cover the costs and expenses of the works of improvements for the Assessment District based on the costs and expenses as set forth below:
Modified Engineer's Report
City of Malibu Assessment District No. 2015-1
December 9, 2015
16 TABLE IV-1
ASSESSMENT DISTRICT NO. 2015-1
(CIVIC CENTER WASTEWATER TREATMENT FACILITY - PHASE 1)
BALANCE TO ASSESSMENT
As
Preliminarily As
Description Approved Confirmed
I. Total Amount to Assessment $49,725,000.00 $63,688,774.33 II. Treatment Plant $19,893,500.00 $25,989,666.00
III. Collection/Distribution System $8,532,000.00 $20,012,129.00 IV. Design, Construction Ma.nagement, and Engineering Services $11,291,225.13 $11,408,545.27 V. Assessment District Procedural and Formation Costs $158,990.00 $158,990.00 VI. Capitalized Interest/Construction Period Interest $5,469,750.001 $1,547,708.332 VII. Bond/Loan Reserve Fund $3,709,114.623 $4,244,648.734 VIII. Underwriting, Legal, and Professional Costs $670,420.25 $327,087.00 1 As preliminarily approved, capitalized interest was equal to twenty-two (22) months of estimated interest on $49,725,000 in bonds.
No construction period interest was included.
2 As confirmed, capitalized interest is equal to eighteen (18) months of estimated interest on $6,790,000 in bonds. Construction period interest on the Clear Water State Revolving Fund Loans is estimated based on the anticipated construction period of eighteen (18) months.
3 As preliminarily approved, the bond reserve was equal to the estimated maximum annual debt service on $49,725,000 in bonds. 4 As confirmed, the bond reserve is equal to the estimated maximum annual debt service on $6,790,000 in bonds, and the loan reserve is equal to one-hundred and fifty percent (150%) of the estimated maximum annual debt service on $56,898,774.33 in Clear Water State Revolving Fund Loans.
Modified Engineer's Report
City of Malibu Assessment District No. 2015-1
December 9, 2015
17 7. The Method of Assessment is as set forth in Exhibit B, which is attached hereto, referenced and so incorporated.
Dated: De:--c. tJ , 2015.
Modified Engineer's Report
City of Malibu Assessment District No. 2015-1
David Taussig & Associates, Inc.
Steve Runk
R.C.E. C23473
Assessment Engineer
City of Malibu
State of California
December 9, 2015
18 MODIFIED ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 2015-1
(CIVIC CENTER WASTEWATER TREATMENT FACILITY - PHASE 1)
CITY OF MALIBU
PART VI
REPORT UNDER PART 7.5 OF DIVISION 4
OF THE CALIFORNIA STREETS AND HIGHWAYS CODE
Pursuant to the aforesaid Resolution of Intention, it has been provided that the requirements of Division 4 of the California Streets and Highways Code shall be satisfied with Part 7.5 of said Division 4.
Accordingly, the following is presented:
1. The total amount, as near as can be determined, of the total principal amount of all unpaid special assessments and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than contemplated in the instant proceedings is: $10,2431.
2. The total true value, as near as may be determined, of the parcels of land and improvements which are proposed to be assessed in the instant proceedings, as determined by the full cash value of the parcels as shown upon the last equalized assessment roll of the County of Los Angeles is:
$349,015,620.
3. The total amount of the principal sum of the special assessments proposed to be levied in the instant proceedings is: $63,688,774.33.
4. The total amount of the principal sum of unpaid special assessments levied against the parcels proposed to be assessed, as computed pursuant to paragraph 1 above, plus the principal amount of the special assessment proposed to be levied in the instant proceedings from paragraph 3 above is:
$63,699,017.33.
Dated: bee, Cf, '2bl5'
J
Assessment Engineer
City of Malibu
State of California
1 This figure excludes the principal amount of bonds outstanding for City of Malibu CFD No. 2012-1 because these bonds will be paid off with Assessment District bonds and/or State Loans.
Modified Engineer's Report
City of Malibu Assessment District No. 2015-1
December 9, 2015
19 MODIFIED ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 2015-1
(CIVIC CENTER WASTEWATER TREATMENT FACILITY - PHASE 1)
CITY OF MALIBU
PART VII (A)
RIGHTS-OF-WAY CERTIFICATE
STATE OF CALIFORNIA
CITY OF MALIBU
The undersigned hereby CERTIFIES UNDER PENAL TY OF PERJURY that the following is all true and correct.
At all times herein mentioned, the undersigned was, and now is, the duly appointed Director of Public Works of the City of Malibu, State of California.
That proceedings have now been instituted under the provisions of the "Municipal Improvement Act of 1913," being Division 12 of the Streets and Highways Code of the State of California, for the construction of certain improvements in a special Assessment District known and designated as ASSESSMENT DISTRICT NO. 2015-1 (CIVIC CENTER WASTEWATER TREATMENT FACILITY - PHASE 1) (hereinafter referred to as the "Assessment District").
THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS:
All easements, rights-of-way, or land necessary for the accomplishment of improvements for the above referenced Assessment District will be in the possession of the Assessment District prior to the ordering of the works of improvements.
EXECUTED this2 f day of��201G, at City of Malibu, California.
Modified Engineer's Report
City of Malibu Assessment District No. 2015-1
,
Director of Public Works
City of Malibu
State of California
20 December 9, 2015
MODIFIED ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 2015-1
(CIVIC CENTER WASTEWATER TREATMENT FACILITY - PHASE 1)
CITY OF MALIBU
PART VII (B)
CERTIFICATION OF COMPLETION OF
STATE OF CALIFORNIA
CITY OF MALIBU
ENVIRONMENTAL PROCEEDINGS
The undersigned, under penalty of perjury, CERTIFIES as follows:
1. That I am the person authorized to prepare and process all environmental documentation as needed as it relates to the formation of the special assessment district being formed pursuant to the provisions of the "Municipal Improvement Act of 1913," being Division 12 of the Streets and Highways Code of the State of California, said special assessment district known and designated as ASSESSMENT DISTRICT NO. 2015-1 (CIVIC CENTER WASTEWATER TREATMENT
FACILITY - PHASE 1) (hereinafter referred to as the "Assessment District");
2. The specific environmental proceedings relating to this Assessment District that have been completed are as follows:
The City has considered the effects of the proposed Improvements on the environment in accordance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA") and its implementing guidelines (14 California Code of Regulations Section 15000 et seq.) (the "Guidelines") and in accordance therewith has prepared and certified an Environmental Impact Report which was approved by the City on January 12, 2015.
3. I do hereby certify that all environmental evaluation proceedings necessary for the formation of the Assessment District have been completed to my satisfaction, and that no further environmental proceedings are necessary.
EXECUTED this 2 �
-rh
day of <J C1.�"'� \CcVl'/ , 2016, at City of Malibu, California.
I
Modified Engineer's Report
City of Malibu Assessment District No. 2015-1
Director of Planning
City of Malibu
State of California
December 9, 2015
21 EXHIBIT A
MODIFIED ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 2015-1
(CIVIC CENTER WASTEWATER TREATMENT FACILITY - PHASE 1)
CITY OF MALIBU
MAP OF GENERAL LOCATION AND IMPROVEMENTS
22 23
EXHIBIT B
MODIFIED ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 2015-1
(CIVIC CENTER WASTEWATER TREATMENT FACILITY -PHASE 1)
CITY OF MALIBU
A. Background
METHOD OF ASSESSMENT
Assessment District jurisprudence requires that assessments levied pursuant to the Municipal Improvement Act of 1913 be based on the "special benefit" properties receive from the Works of Improvement. However, the law does not specify the method or formula that should be used to apportion the assessments in Assessment District proceedings. In addition, Article XIIID of the California Constitution, added in November 1996 through the passage of Proposition 218 by voters of the State of California, requires, inter alia, that (i) only special benefits be assessable, (ii) no assessment may exceed the proportional special benefit confen-ed on the parcel assessed, and (iii) publicly owned parcels shall not be exempt from assessment unless clear and convincing evidence demonstrates that such publicly owned parcels receive no special benefits from the improvements for which the assessment is levied.
"Special benefit" is a particular and distinct benefit over and above general benefits conferred on real property located in the District or to the public at large. Importantly, the general enhancement of property value does not constitute special benefit. As such, this Engineer's Report has been designed to comply with these requirements, as well as to incorporate recent California court decisions such as: Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (2008), Beutz v. County of Riverside (2010), Golden Hills Neighborhood Association v. City of San Diego (2011), and Concerned Citizens v. West Point Fire Protection District (2011).
Methodologically, it is necessary and essential to identify the special benefit that the Works of Improvement will render to the properties within the District. It is also necessary that the properties receive a special and direct benefit as distinguished from benefit to the general public.
All costs associated with the financing of the works of improvement are to be fairly distributed among the lots and parcels within the District based upon the special benefit received by each lot and parcel. Additionally, in compliance with the California Constitution Article XIIID Section 4, each parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred upon it. In sum, each of the properties benefiting from the works of improvement proposed for Assessment District No. 2015-1 will be assessed only for the special benefit conferred on such properties.
The Assessment Engineer is appointed for the purpose of analyzing the facts and determining the method and formula for apportionment of the assessment obligation to the benefited properties.
For these proceedings, the City has retained the firm of David Taussig & Associates, Inc. as the Modified Engineer's Report
City of Malibu Assessment District No. 2015-1
Page B-1
24 December 9, 2015
Assessment Engineer.
The Assessment Engineer makes his or her recommendation for the method of apportionment in this Engineer's Report for consideration at the public hearing. The final authority and action rests with the City after hearing all testimony and evidence presented at the public hearing and the tabulation of the assessment ballots. Upon conclusion of the public hearing, the City must make the final action in determining that the assessment has been made in direct proportion to the special benefit received. Ballot tabulation will then be completed, and if a majority of ballots received, weighted by assessment amount, do not protest the assessment, then the City may establish the Assessment District.
B. Special Benefit
The special benefit conferred to each of the properties within the Assessment District is the ability to discharge wastewater flows to a centralized wastewater treatment facility in compliance with the Memorandum of Understanding Regarding Phased Implementation of Basin Plan Amendment Prohibiting On-Site Wastewater Disposal Systems in the Malibu Civic Center Area entered into by and between the City of Malibu, the Regional Water Quality Control Board, Los Angeles, and the State Water Resources Control Board (the "MOU"). Resolution R4-2009-007 adopted by the Regional Water Quality Control Board, Los Angeles Region (the "Basin Plan Amendment") prohibits on-site wastewater disposal systems in the City of Malibu Civic Center Area, and the MOU requires the construction of the works of improvements in lieu of on-site wastewater disposal systems. In addition to the wastewater treatment plant, the Assessment District will install wastewater collection and recycled water distribution facilities in existing public streets and/or public easements as shown in Exhibit A; the cost of connecting to these facilities will be borne separately by each property owner and will not be installed by the Assessment District. The Assessment District will provide each property the right to discharge up to the wastewater flow and load calculated in Section C.3 below.
The works of improvements constitute the least expensive facilities with a factor of safety that can be built to serve the properties within the Assessment District. The treatment plant will be comprised of the minimum sized treatment processing units, headworks, and lab facilities as determined by the design engineer and in accordance with customary and prudent engineering design standards. Specifically, the treatment plant will consist of two (2) modules; two modules are required in order that one may be taken off line for maintenance and/or repair. The treatment plant site to be acquired is similarly the least expensive available parcel of land that is in a suitable location from an engineering standpoint. In contrast to the wastewater treatment plant, the wastewater collection and recycled water distribution lines (i.e., the diameters of certain of the collection and distribution pipes) will be constructed to accommodate wastewater flows and recycled water from properties located outside the Assessment District that are also the subject of the MOU and may be required to discharge wastewater flows off-site for treatment. The cost associated with this oversizing of the wastewater collection and recycled water distribution lines is therefore not assessed to the properties within the Assessment District.
C. Apportionment Methodology
The extent of the special benefit conferred to the parcels in the Assessment District is quantified in terms of wastewater flow and organic load. The cost of the wastewater collection and recycled Modified Engineer's Report
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water distribution and injection system is allocated in proportion to wastewater flow as it is the primary determinant in the design and cost of the collection and distribution facilities. The cost of the wastewater treatment plant is allocated in proportion to organic load as it is the primary determinant in the design and cost of the treatment facilities. With certain exceptions discussed in Section D below, wastewater flows and organic load for developed parcels are based on actual building square footage and uses. Wastewater flows and organic load for vacant parcels are based on (i) the maximum floor area ratio permitted by the City (0.15) and the anticipated mix of uses or (ii) development plans submitted to the City, including wastewater analyses for such development plans, if any. Standard wastewater flow rates and organic load concentrations are discussed in Sections C.l and C.2 below. Special cases and/or exceptions are discussed in Section C.3 below.
1. Wastewater Flow Rates
Non-residential wastewater flow rate assumptions are 0.0216 gallons per day for retail,
0.6750 gallons per day for restaurant, and 0.0625 gallons per day per building square foot for office. Wastewater flow rate assumptions for church uses are 3.0000 gallons per day per seat2
• Wastewater flow rate assumptions for school uses are 11.0000 gallons per day per student and faculty/staff3
. The wastewater flow rate assumption for retail use is an average and is calculated using a factor of ten (10.0000) gallons per day per employee, two (2.0000) gallons per day per parking space, one (1.0000) parking space per employee, and a range of building square feet per employee of 500 to 6254 • The
wastewater flow rate assumption for restaurant is calculated by applying a factor of nine (9 .0000) gallons per day per customer5 to an existing restaurant located in the City of Malibu which averages three hundred (300) customer per day and occupies four thousand (4,000) building square feet. The wastewater flow rate assumption for office is calculated using an average of two hundred eight (208) building square feet per employee and a factor of thirteen (13.0000) gallons per day per employee 6.
Residential wastewater flow rate assumptions are 366 gallons per day for a typical singlefamily home and 700 gallons per day for large, estate-sized homes. The wastewater flow rate for the typical single family home is calculated assuming a household size, including housekeepers and visitors, of 5.2, a wastewater flow per capita of 69 gallons per day7 ,
and a 1.02 infiltration rate. The wastewater flow rate for large, estate-sized homes is based on the proposed wastewater treatment system design prepared in connection with the development plans for Assessor's Parcel Number 4458-018-019. 2 The source for the flow rate per church seat is United States Environmental Protection Agency Publication 625/R00/008-Chapter 3. 3 The source for the flow rate per school seat is United States Environmental Protection Agency Publication 625/R00/008-Chapter 3. 4 The source for the flow rate per employee and per parking space is Design of Municipal Wastewater Treatment Plants, Fifth Edition.
5 The source for the flow rate per restaurant customer is United States Environmental Protection Agency Publication 625/R-00/008-Chapter 3.
6 The source for the flow rate per office employee is United States Environmental Protection Agency Publication 625/R-00/008-Chapter 3.
7 The source for the flow rate per capita is United States Environmental Protection Agency Publication 625/R00/008-Chapter 3.
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2. Organic Load Concentration
Organic load concentration, a measure of the strength of the wastewater to be treated, is used to design the treatment process. Residential organic load concentrations are estimated to be 313 milligrams per liter ("mg/L") using per capita BOD loads from EPA guidelines8
. Non-residential organic load concentrations were estimated to be similar to residential concentrations at 313 mg/L for retail, office, school, and church uses. For restaurants the BOD concentration was estimated to be 544 mg/L based on wastewater sampling conducted at shopping centers within the Civic Center area of the City. Total organic load is expressed in pounds per day and is calculated using the following formula: wastewater flow x organic load concentration x 8.345 / 1,000,0009• The specific wastewater flow and treatment plant load calculations for each parcel are discussed in Section C.3 below.
3. Wastewater Flow and Load Calculations
The wastewater flow and load estimates are summarized below. The terms BSF, GPD and PPD mean, respectively, building square feet, gallons per day and pounds per day. • 4452-011-029 (Assessment No. 1)
This is land with certain existing structures located at 3730 Cross Creek Road.
The property is zoned Commercial Visitor Serving I. Total future building area is estimated at 11,801 square feet using an FAR of 0.15 (78,670 parcel square feet x
0.15). The City indicates that the property has the potential to include retail and restaurant uses and therefore, wastewater flow is estimated assuming eighty percent (80%) retail and twenty percent (20%) restaurant use, or 1,797.0563 GPD (11,801 x 0.8 x 0.0216 GPD/BSF (Retail) + 11,801 x 0.2 x 0.675 GPD/BSF (Restaurant)). Estimated organic load is 7.7650 PPD ((203.9213 GPD x 313 (Retail)+ 1,593.1350 GPD x 544 (Restaurant)) x 8.345 / 1,000,000). • 4452-011-033 (Assessment No. 2)
This is a Shell service station located at 23387 Pacific Coast Highway and occupies the northeast corner of Pacific Coast Highway and Cross Creek Road.
The property is zoned Commercial Visitor Serving I. Total existing building area is 1,731 square feet. While there are no existing restaurant or other "wet" uses, the City indicates that there is the potential for restaurant/food service use(s) in the future. Therefore, wastewater flow is estimated assuming eighty percent (80%) retail and twenty percent (20%) restaurant use, or 263.5967 GPD (1,731 x
0.8 x 0.0216 GPD/BSF (Retail) + 1,731 x 0.2 x 0.675 GPD/BSF (Restaurant)).
Estimated organic load is 1.1390 PPD ((29.9117 GPD x 313 (Retail)+ 233.6850 GPD x 544 (Restaurant)) x 8.345 / 1,000,000).
8 The source for the BOD load per capita is United States Environmental Protection Agency Publication 625/R00/008-Chapter 3. 9 The source for the equation for total organic load is Design of Municipal Wastewater Treatment Plants, Fifth Edition.
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27 • 4452-011-035 (Assessment No. 3)
This is a commercial development with office, retail, and storage uses located on the east side of Cross Creek Road near the intersection of Cross Creek Road and Civic Center Way (3806 Cross Creek Road). The property is zoned Commercial Visitor Serving I. The City anticipates that this property will tend toward higher intensity uses following completion of the works of improvements, and the property owner has petitioned the City to increase the estimated wastewater flow to 2,300 GPD to accommodate future restaurant use. Estimated wastewater flow of 2,300 GPD would accommodate 1,930 square feet of restaurant and 15,967 square feet of office; no retail use is assumed because of the City's expectation that the property will tend toward higher intensity uses. Total building area is 17,897 square feet based on the November 26, 2013 site plan for The Courtyard development. Total estimated wastewater flow is 2,300.6875 GPD (1,930 x 0.675 GPD/BSF (Restaurant)+ 15,967 x 0.0625 GPD/BSF (Office)). Estimated organic load is 8.5207 PPD ((1,302.7500 GPD x 544 (Restaurant)+ 997.9375 GPD x 313 (Office)) x 8.345 / 1,000,000).
• 4452-011-036 (Assessment No. 4)
This is vacant land located north of Pacific Coast Highway just west of Malibu Lagoon. The property is zoned Commercial Visitor Serving I. Total future building area is estimated at 15,968 square feet using an FAR of 0.15 (106,450 total parcel square feet x 0.15). The City indicates that the property has the potential to include retail and restaurant uses, and therefore wastewater flow is estimated assuming eighty percent (80%) retail and twenty percent (20%) restaurant use, or 2,431.6070 GPD (15,968 x 0.8 x 0.0216 GPD/BSF (Retail)+ 15,968 x 0.2 x 0.675 GPD/BSF (Restaurant)). Estimated organic load is 10.5068 PPD ((275.9270 GPD x 313 (Retail) + 2,155.6800 GPD x 544 (Restaurant)) x
8.345 / 1,000,000).
• 4452-011-037 (Assessment No. 5)
This is a commercial development located at 3728 Cross Creek Road. The property is zoned Commercial Visitor Serving I. Actual building square footage data are not available. Therefore, building area is estimated at 4,494 using an FAR of 0.15 (29,960 parcel square feet x 0.15). The City indicates that there is the potential for restaurant and/or other wet use(s) in the future, and therefore wastewater flow is estimated assuming eighty percent (80%) retail and twenty percent (20%) restaurant use, or 684.3463 GPD (4,494 x 0.8 x 0.0216 GPD/BSF (Retail)+ 4,494 x 0.2 x 0.675 GPD/BSF (Restaurant)). Estimated organic load is
2.9570 PPD ((77.6563 GPD x 313 (Retail)+ 606.6900 GPD x 544 (Restaurant)) x
8.345 / 1,000,000).
• 4452-011-039 (Assessment No. 6)
This is a restaurant, retail, and office development located at 3900 Cross Creek Road. The property is zoned Commercial Visitor Serving I. Total building area is 13,061 square feet (4,686 square feet of retail, 5,245 square feet of restaurant, and 3,130 square feet of office). Total estimated wastewater flow is 3,837.2176 Modified Engineer's Report
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28 GPD (4,686 x 0.0216 GPD/BSF (Retail)+ 5,245 x 0.675 GPD/BSF (Restaurant) + 3,130 x 0.0625 GPD/BSF (Office)). Estimated organic load is 16.8475 PPD ((101.2176 GPD x 313 (Retail)+ 3,540.3750 GPD x 544 (Restaurant)+ 195.6250 GPD x 313 (Office)) x 8.345 / 1,000,000).
• 4452-011-042 (Assessment No. 7) and 4452-011-043 (Assessment No. 8) These parcels comprise the Malibu Creek/Malibu Village development located on Cross Creek Road (3822 - 3896 Cross Creek Road) and Pacific Coast Highway (23357 - 23361 Pacific Coast Highway). The properties are zoned Commercial Visitor Serving I.
Total building area for 4452-011-042 is 25,832 square feet (23,332 square feet of retail and 2,500 square feet of restaurant). Total estimated wastewater flow for 4452-011-042 is 2,191.4712 GPD (23,332 x 0.0216 GPD/BSF (Retail) + 2,500 x
0.675 GPD/BSF (Restaurant)). Estimated organic load for 4452-011-042 is
8.9771 PPD ((503.9712 GPD x 313 (Retail) + 1,687.5000 GPD x 544 (Restaurant)) x 8.345 / 1,000,000).
Total building area for 4452-011-043 is 25,990 square feet (21,150 square feet of retail and 4,840 square feet of restaurant). Total estimated wastewater flow for 4452-011-043 is 3,723.8400 GPD (21,150 x 0.0216 GPD/BSF (Retail) + 4,840 x
0.675 GPD/BSF (Restaurant)). Estimated organic load for 4452-011-043 is
16.0244 PPD ((456.8400 GPD x 313 (Retail) + 3,267.0000 GPD x 544 (Restaurant)) x 8.345 / 1,000,000).
• 4452-011-803 (Assessment No. 9)
This is an unmanned Southern California Edison facility located at 3808 Cross Creek Road. The property is zoned Commercial Visitor Serving I. Actual building square footage data are not available. Therefore, building area is estimated at 2,875 using an FAR of 0.15 (19,166 parcel square feet x 0.15). The City indicates that there is the potential for redevelopment of the property for nonutility use in the future, and therefore wastewater flow is estimated assuming eighty percent (80%) retail and twenty percent (20%) restaurant use, or 437.8050 GPD (2,875 x 0.8 x 0.0216 GPD/BSF (Retail) + 2,875 x 0.2 x 0.675 GPD/BSF (Restaurant)). Estimated organic load is 1.8917 PPD ((49.6800 GPD x 313 (Retail)+ 388.1250 GPD x 544 (Restaurant)) x 8.345 / 1,000,000). • 4452-012-024 (Assessment No. 10)
This is vacant land located at 3738 Cross Creek Road, north of 4452-011-029.
The property is zoned Commercial General. Total future building area is estimated at 34,042 square feet using an FAR of 0.15 (226,948 parcel square feet x 0.15). The City indicates that the property has the potential to include retail and restaurant uses, and therefore, wastewater flow is estimated assuming eighty percent (80%) retail and twenty percent (20%) restaurant use, or 5,183.9158 GPD (34,042 x 0.8 x 0.0216 GPD/BSF (Retail) + 34,042 x 0.2 x 0.675 GPD/BSF (Restaurant)). Estimated organic load is 22.3994 PPD ((588.2458 GPD x 313 (Retail)+ 4,595.6700 GPD x 544 (Restaurant)) x 8.345 / 1,000,000).
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• 4458-001-003 (Assessment No. 11)
This is a parking lot that serves the development located on 4458-002-019 (Assessment No. 13). Therefore flow and load is zero and there will be no assessment. The property is zoned Commercial General.
• 4458-002-018 (Assessment No. 12)
This is an office development located at 23730 Malibu Road. Total building area is 3,224 square feet. The property is zoned Commercial General. There are no existing restaurant or other "wet" uses, and the City does not anticipate any in the future. Estimated wastewater flow is 201.5000 GPD (3,224 x 0.0625 GPD/BSF).
Estimated organic load is 0.5263 PPD ((201.5000 GPD x 313) x 8.345 I 1,000,000).
• 4458-002-019 (Assessment No. 13)
This is an office development located along Malibu Road (23676 - 23712 Malibu Road). The property is zoned Commercial General. Total building area is 12,050 square feet. There are no existing restaurant or other "wet" uses, and the City does not anticipate any in the future. Estimated wastewater flow is 753.1250 GPD (12,050 x 0.0625 GPD/BSF). Estimated organic load is 1.9672 PPD ((753.1250 GPD x 313) x 8.345 I 1,000,000).
• 4458-002-900 (Assessment No. 14)
This property is Los Angeles County Fire Station #88 and is located at 23720 Malibu Road. The property is zoned Commercial General. The number of fire fighters housed at the fire station is comparable to the household size for a typical single family home, and therefore wastewater flow is estimated at 366 GPD.
Estimated organic load is 0.9560 PPD ((366.0000 GPD x 313) x 8.345 I 1,000,000).
• 4458-018-002 (Assessment No. 15), 4458-018-018 (Assessment No. 16), and 4458-018-019 (Assessment No. 17)
This is vacant land located approximately at the southeast comer of Pacific Coast Highway and Malibu Canyon Road. The property is zoned Planned Development. Estimated wastewater flow is based on plans for the development of five (5) large, estate sized residential dwelling units plus a gatehouse and equals 3,560.0000 GPD (5 DUs x 700 GPD/DU + 60 GPD for the gatehouse).
Estimated organic load is 9.2987 PPD ((3,500.0000 GPD x 313 + 60.0000 GPD x 313) x 8.345 / 1,000,000). All dwelling units are anticipated to be located on 4458-018-019.
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• 4458-018-027 (Assessment No. 18), 4458-018-028 (Assessment No. 19), 4458- 018-029 (Assessment No. 20), 4458-018-030 (Assessment No. 21), 4458-018-031 (Assessment No. 22), 4458-018-032 (Assessment No. 23), and 4458-018-033 (Assessment No. 24)
This is vacant land located south of Pacific Coast Highway and east of 4458-018- 019. The property is zoned Single Family Medium. Estimated wastewater flow is based on plans for the development of four ( 4) large, estate sized residential dwelling units plus an unmanned gatehouse. Estimated wastewater flow for each residential parcel is 700 GPD. Estimated organic load for each residential parcel is 1.8284 PPD ((700.0000 GPD x 313) x 8.345 / 1,000,000). The residential parcels are 4458-018-027, 4458-018-028, 4458-018-029, and 4458-018-030. The unmanned gatehouse will be located on 4458-018-031. 4458-018-032 and 4458- 018-033 are open space, non-buildable lots.
• 4458-018-902 (Assessment No. 25)
The property is zoned Public Open Space. This is the entrance to Bluffs Park and therefore will produce no wastewater flow. There will be no assessment. • 4458-018-904 (Assessment No. 26)
This is Bluffs Park. The property is zoned Public Open Space. Estimated wastewater flow is attributable to the public restroom facilities which are projected to generate 220 GPD. Estimated organic load is 0.5746 PPD ((220.0000 GPD x 313) x 8.345 / 1,000,000).
• 4458-019-003 (Assessment No. 27)
This is vacant land located south of the intersection of Pacific Coast Highway and Civic Center Way and north of Malibu Road. The property is zoned Single Family Medium. Estimated wastewater flow is based on plans for the development of one (1) large, estate sized residential dwelling unit and equals 700 GPD. Estimated organic load is 1.8284 PPD ((700.0000 GPD x 313) x 8.345 / 1,000,000).
• 4458-019-008 (Assessment No. 28)
This is vacant land located at 23614 Pacific Coast Highway, at the merger of Pacific Coast Highway and Malibu Road. The property is zoned Commercial General. Total future building area is estimated at 3,511 square feet using an FAR of 0.15 (23,409 total parcel square feet x 0.15). The City indicates that the property has the potential to include retail and restaurant uses, and therefore wastewater flow is estimated assuming eighty percent (80%) retail and twenty percent (20%) restaurant use, or 534.6551 GPD (3,511 x 0.8 x 0.0216 GPD/BSF (Retail)+ 3,511 x 0.2 x 0.675 GPD/BSF (Restaurant)). Estimated organic load is
2.3102 PPD ((60.6701 GPD x 313 (Retail)+ 473.9850 GPD x 544 (Restaurant)) x
8.345 / 1,000,000).
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• 4458-019-009 (Assessment No. 29)
This is a commercial development located at 23670 Pacific Coast Highway, on the southeast comer of the intersection of Pacific Coast Highway and Webb Way.
The property is zoned Commercial General. Total building area is 8,434 square feet. While there are no existing restaurant or other "wet" uses, the City indicates that there is the potential for restaurant/food service use(s) in the future.
Therefore, wastewater flow is estimated assuming eighty percent (80%) retail and twenty percent (20%) restaurant use, or 1,284.3295 GPD (8,434 x 0.8 x 0.0216 GPD/BSF (Retail) + 8,434 x 0.2 x 0.675 GPD/BSF (Restaurant)). Estimated organic load is 5.5495 PPD ((145.7395 GPD x 313 (Retail)+ 1,138.5900 GPD x 544 (Restaurant)) x 8.345 / 1,000,000).
• 4458-019-010 (Assessment No. 30)
This is the Malibu Colony Plaza development located at 23841 Malibu Road. The property is zoned Commercial General. Total building area is 116,925 square feet (68,014 square feet of retail and 48,911 square feet of restaurant). Total estimated wastewater flow is 34,484.0274 GPD (68,014 x 0.0216 GPD/BSF (Retail) + 48,911 x 0.675 GPD/BSF (Restaurant)). Estimated organic load is 153.7145 PPD ((1,469.1024 GPD x 313 (Retail)+ 33,014.9250 GPD x 544 (Restaurant)) x 8.345 I 1,000,000).
• 4458-020-002 (Assessment No. 31)
This is an office development located at 23405 Pacific Coast Highway. The property is zoned Commercial Visitor Serving I. Total building area is 2,386 square feet (284 square feet of retail and 2,102 square feet of office). Total estimated wastewater flow is 137.5094 GPD (284 x 0.0216 GPD/BSF (Retail) + 2,102 x 0.0625 GPD/BSF (Office)). Estimated organic load is 0.3592 PPD ((6.1344 GPD x 313 (Retail) + 131.3750 GPD x 313 (Office)) x 8.345 / 1,000,000).
• 4458-020-004 (Assessment No. 32)
This is the Malibu Professional Arts office development located at 23440 Civic Center Way. The property is zoned Commercial Visitor Serving I. Total building area is 12,644 square feet. Estimated wastewater flow is 790.2500 GPD (12,644 x 0.0625 GPD/BSF). Estimated organic load is 2.0641 PPD ((790.2500 GPD x 313) X 8.345 / 1,000,000).
• 4458-020-010 (Assessment No. 33)
This is the Malibu Country Mart II development located at 23410 Civic Center Way. The property is zoned Commercial Visitor Serving I. Total building area is 39,076 square feet (19,996 square feet of retail, 4,700 square feet of restaurant, and 14,380 square feet of office). Estimated wastewater flow is 4,503.1636 GPD (19,996 x 0.0216 GPD/BSF (Retail) + 4,700 x 0.675 GPD/BSF (Restaurant) + 14,380 x 0.0625 GPD/BSF (Office)). Estimated organic load is 17.8778 PPD ((431.9136 GPD x 313 (Retail)+ 3,172.5000 GPD x 544 (Restaurant)+ 898.7500 GPD x 313 (Office)) x 8.345 / 1,000,000).
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• 4458-020-014 (Assessment No. 34)
This is the Malibu Country Mart I development located at 3835 Cross Creek Road. The property is zoned Commercial Visitor Serving I. Total building area is 29,068 square feet (19,737 square feet of retail, 8,025 square feet of restaurant, and 1,306 square feet of office). Total estimated wastewater flow is 5,924.8192 GPD (19,737 x 0.0216 GPD/BSF (Retail)+ 8,025 x 0.675 GPD/BSF (Restaurant) + 1,306 x 0.0625 GPD/BSF (Office)). Estimated organic load is 25.9176 PPD ((426.3192 GPD x 313 (Retail)+ 5,416.8750 GPD x 544 (Restaurant)+ 81.6250 GPD x 313 (Office)) x 8.345 / 1,000,000).
• 4458-020-015 (Assessment No. 35)
This parcel of vacant land is located south of Civic Center Way, north of Pacific Coast Highway, and west of Webb Way. The property is zoned Commercial General. Total future building area for 4458-020-015 is estimated at 7,242 square feet using an FAR of 0.15 (48,280 total parcel square feet x 0.15). The City indicates that the property has the potential to include retail and restaurant uses, and therefore wastewater flow is estimated assuming eighty percent (80%) retail and twenty percent (20%) restaurant use, or 1,102.8118 GPD (7,242 x 0.8 x
0.0216 GPD/BSF (Retail) + 7,242 x 0.2 x 0.675 GPD/BSF (Restaurant)).
Estimated organic load is 4.7652 PPD ((125.1418 GPD x 313 (Retail)+ 977.6700 GPD x 544 (Restaurant)) x 8.345 / 1,000,000).
• 4458-020-900 (Assessment No. 36) and 4458-020-901 (Assessment No. 37) Assessment No. 36 is a parcel of vacant land located south of Civic Center Way, north of Pacific Coast Highway, and west of Webb Way. Assessment No. 37 is vacant land located at the northeast corner of the intersection of Webb Way and Pacific Coast Highway. These two parcels were acquired by the County of Los Angeles for purposes of road right-of-way, and are anticipated to be quitclaimed to the City with the condition that the property can only be used for those purposes authorized in Sections 2 and 9 of Article XIX of the California Constitution and Section 2101 of the California Streets and Highways Code which renders these properties undevelopable for private purposes. Therefore, flow and load is zero and there will be no assessment.
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• 4458-020-902 (Assessment No. 38)
This is part of Legacy Park. The property is zoned Commercial Visitor Serving I and will have no restroom or other facilities which would discharge to the wastewater treatment system. Therefore, estimated wastewater flow organic load are zero (0) and there will be no assessment.
• 4458-020-903 (Assessment No. 39)
This is a commercial development that includes the Lumber Yard (3939 Cross Creek Road), Super Care building (23661 and 23461 Pacific Coast Highway), and animal hospital facilities (23431 Pacific Coast Highway). The property is zoned Commercial Visitor Serving I. Total building area is 37,862 square feet (30,049 square feet of retail, 6,605 square feet of restaurant, and 1,208 square feet of office). Total estimated wastewater flow is 5,182.9334 GPD (30,049 x 0.0216 GPD/BSF (Retail) + 6,605 x 0.675 GPD/BSF (Restaurant) + 1,208 x 0.0625 GPD/BSF (Office)). Estimated organic load is 22.1321 PPD ((649.0584 GPD x 313 (Retail) + 4,458.3750 GPD x 544 (Restaurant) + 75.5000 GPD x 313 (Office)) x 8.345 / 1,000,000).
• 4458-021-173 (Assessment No. 40)
This is an office development located adjacent and south of Malibu City Hall (23805 - 23815 Stuart Ranch Road). The property is zoned Community Commercial. Total building area is 40,528 square feet. Estimated wastewater flow is 2,533.0000 GPD (40,528 x 0.0625 GPD/BSF). Estimated organic load is
6.6162 PPD ((2,533.0000 GPD x 313) x 8.345 / 1,000,000). • 4458-021-175 (Assessment No. 41)
This is vacant land located at the northwest corner of Civic Center Way and Stuart Ranch Road. The property is zoned Community Commercial. Total future building area is estimated at 44,105 square feet using an FAR of 0.15 (294,030 total parcel square feet x 0.15). The City indicates that the property has the potential to include retail and restaurant uses, and therefore wastewater flow is estimated assuming eighty percent (80%) retail and twenty percent (20%) restaurant use, or 6,716.3094 GPD (44,105 x 0.8 x 0.0216 GPD/BSF (Retail) + 44,105 x 0.2 x 0.675 GPD/BSF (Restaurant)). Estimated organic load is 29.0207 PPD ((762.1344 GPD x 313 (Retail)+ 5,954.1750 GPD x 544 (Restaurant)) x
8.345 / 1,000,000).
• 4458-021-901 (Assessment No. 42)
This property is Malibu City Hall. The property is zoned Community Commercial. Total building area is 37,359 square feet. Estimated wastewater flow is 2,334.9375 GPD (37,359 x 0.0625 GPD/BSF). Estimated organic load is
6.0988 PPD ((2,334.9375 GPD x 313) x 8.345 / 1,000,000).
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• 4458-022-001 (Assessment No. 43)
This is vacant land located at the northwest corner of the Civic Center Way and Cross Creek Road. The property is zoned Commercial Visitor Serving I. Along with 4458-022-022, this property is proposed to be developed as a Whole Foods Store. Total future building area is 38,425 square feet (9,222 square feet of retail and 29,203 square feet of restaurant). Total estimated wastewater flow is 9,340 GPD and is based on a September 2, 2011 study prepared EPD Consultants, which estimates that 710 GPD is attributable to the retail use and the remaining 8,630 GPD is attributable to the restaurant use. The wastewater flow from each land use is split between Assessor's Parcels 4458-022-001 and 4458-022-022 proportionately on the basis of land area. Estimated wastewater flow for Assessor's Parcel 4458-022-001, based on its parcel square footage of 108,464 and the total parcel square footage for both parcels of 259,673, is 3,901.2672 GPD (710 GPD x 108,464 / 259,673 (Retail) + 8,630 GPD x 108,464 / 259,673 (Restaurant)). Estimated organic load for Assessor's Parcel 4458-022-001 is
17.1388 PPD ((296.5631 GPD x 313 (Retail) + 3,604.7041 GPD x 544 (Restaurant)) x 8.345 / 1,000,000).
• 4458-022-011 (Assessment No. 44)
This is vacant land located at the northeast corner of Civic Center Way and Stuart Ranch Road. The property is zoned Community Commercial. Total future building area is estimated at 81,010 based on an August 2013 traffic study for a proposed development comprised of retail, restaurant, and office uses (38,567 square feet of retail, 15,000 square feet of restaurant, and 27,443 square feet of office). Total estimated wastewater flow is 12,673.2347 GPD (38,567 x 0.0216 GPD/BSF (Retail) + 15,000 x 0.675 GPD/BSF (Restaurant) + 27,443 x 0.0625 GPD/BSF (Office)). Estimated organic load is 52.6202 PPD ((833.0472 GPD x 313 (Retail) + 10,125.0000 GPD x 544 (Restaurant) + 1,715.1875 GPD x 313 (Office)) x 8.345 / 1,000,000).
• 4458-022-012 (Assessment No. 45)
This is vacant land located on the east side of Stuart Ranch Road opposite of Malibu City Hall. The property is zoned Community Commercial. Total future building area is estimated at 42,079 using an FAR of 0.15 (280,526 parcel square feet x 0.15). The City indicates that the property has the potential to include retail and restaurant uses, and therefore wastewater flow is estimated assuming eighty percent (80%) retail and twenty percent (20%) restaurant use, or 6,407.7901 GPD (42,079 x 0.8 x 0.0216 GPD/BSF (Retail) + 42,079 x 0.2 x 0.675 GPD/BSF (Restaurant)). Estimated organic load is 27.6876 PPD ((727.1251 GPD x 313 (Retail)+ 5,680.6650 GPD x 544 (Restaurant)) x 8.345 / 1,000,000).
Modified Engineer's Report
City of Malibu Assessment District No. 2015-1
Page B-12
December 9, 2015
35 • 4458-022-019 (Assessment No. 46)
This is vacant land located on the west side of La Paz Lane at its current terminus.
The property is zoned Community Commercial. Total future building area is estimated at 55,408 using an FAR of 0.15 (369,389 parcel square feet x 0.15). The City indicates that the property has the potential to include retail and restaurant uses, and therefore wastewater flow is estimated assuming eighty percent (80%) retail and twenty percent (20%) restaurant use, or 8,437.5302 GPD (55,408 x 0.8 x 0.0216 GPD/BSF (Retail) + 55,408 x 0.2 x 0.675 GPD/BSF (Restaurant)).
Estimated organic load is 36.4580 PPD ((957.4502 GPD x 313 (Retail) + 7,480.0800 GPD x 544 (Restaurant)) x 8.345 / 1,000,000). • 4458-022-022 (Assessment No. 47)
This is vacant land located approximately at the northwest comer of the Civic Center Way and Cross Creek Road. The property is zoned Commercial Visitor Serving I. Along with 4458-022-001, this property is proposed to be developed as a Whole Foods Store. Total estimated wastewater flow is 9,340 GPD and is based on a September 2, 2011 study prepared EPD Consultants, which estimates that 710 GPD is attributable to the retail use and 8,630 GPD is attributable to the restaurant use. The wastewater flow from each land use is split between Assessor's Parcels 4458-022-001 and 4458-022-022 proportionately on the basis of land area. Estimated wastewater flow for Assessor's Parcel 4458-022-022, based on its parcel square footage of 151,209 and the total parcel square footage for both parcels of 259,673, is 5,438.7328 GPD (710 GPD x 151,209 / 259,673 (Retail)+ 8,630 GPD x 151,209 / 259,673 (Restaurant)). Estimated organic load for Assessor's Parcel 4458-022-022 is 23.8931 PPD ((413.4369 GPD x 313 (Retail)+ 5,025.2959 GPD x 544 (Restaurant)) x 8.345 / 1,000,000). • 4458-022-023 (Assessment No. 48) and 4458-022-024 (Assessment No. 49) This is vacant land located east of La Paz Lane and north of Civic Center Way.
Development assumptions are based on a February 26, 2008 site plan. The property is zoned Town Center Overlay.
Total future building area for 4458-022-023 is 88,997 (43,917 square feet of retail, 10,000 square feet of restaurant, and 35,080 square feet of office).
Estimated wastewater flow for 4458-022-023 is 9,891.1072 GPD (43,917 x
0.0216 GPD/BSF (Retail) + 10,000 x 0.675 GPD/BSF (Restaurant) + 35,080 x
0.0625 GPD/BSF (Office)). Estimated organic load is 38.8474 PPD ((948.6072 GPD x 313 (Retail)+ 6,750.0000 GPD x 544 (Restaurant)+ 2,192.5000 GPD x 313 (Office)) x 8.345 / 1,000,000).
Total future building area for 4458-022-024 is 43,061 square feet of restaurant, (15,585 square feet of retail, and 27,476 square feet of office). Estimated wastewater flow for 4458-022-024 is 2,053.8860 GPD (15,585 x 0.0216 GPD/BSF (Retail) + 27,476 x 0.0625 GPD/BSF (Office)). Estimated organic load is 5.3647 PPD ((336.6360 GPD x 313 (Retail)+ 1,717.2500 GPD x 313 (Office)) x 8.345 / 1,000,000).
Modified Engineer's Report
City of Malibu Assessment District No. 2015-1
Page B-13
December 9, 2015
36 • 4458-022-025 (Assessment No. 50)
This is vacant land located on north of the 4458-022-024. The property is zoned Community Commercial. Total future building area is estimated at 23,509 using an FAR of 0.15 (156,728 parcel square feet x 0.15). The City indicates that the property has the potential for office uses. Estimated wastewater flow is 1,469.3125 GPD (23,509 x 0.0625 GPD/BSF). Estimated organic load is 3.8378 PPD ((1,469.3125 GPD x 313) x 8.345 / 1,000,000).
• 4458-022-802 (Assessment No. 51)
This is a GTE California, Inc. facility along Cross Creek Road. The property is zoned Commercial Visitor Serving I. Actual building square footage data are not available. Therefore, building area is estimated at 5,138 using an FAR of 0.15, the maximum permitted under current City zoning regulations (34,250 parcel square feet x 0.15). The City indicates that there is the potential for redevelopment of the property for non-utility use in the future, and therefore wastewater flow is estimated assuming eighty percent (80%) retail and twenty percent (20%) restaurant use, or 782.4146 GPD (5,138 x 0.8 x 0.0216 GPD/BSF (Retail)+ 5,138 x 0.2 x 0.675 GPD/BSF (Restaurant)). Estimated organic load is
3.3808 PPD ((88.7846 GPD x 313 (Retail)+ 693.6300 GPD x 544 (Restaurant)) x
8.345 / 1,000,000).
• 4458-022-906 (Assessment No. 52)
This property is located at 23519 Civic Center Way and currently houses Los Angeles County courthouse, sheriff substation, library, and Water Works District 29 facilities and an unmanned communications tower. The property is zoned Institutional. A new Santa Monica Community College District satellite campus (no restaurant or cafeteria are anticipated) and Los Angeles County Sheriff substation facility will be constructed, replacing the existing sheriff substation.
Total building square footage will be 86,900. The new SMCCD campus will be 27,500 building square feet with a total of two hundred ten (210) full time equivalent students and twelve (12) faculty/staff. The new Sheriff substation will be 5,640 building square feet. The existing courthouse facility is 24,240 building square feet. The existing library is 16,229 square feet. The Water Works District 29 offices are 12,291 building square feet. In addition, there is 1,000 square feet of storage. Estimated wastewater flow is 6,154.5000 GPD (59,400 x 0.0625 GPD/BSF (Office) + 222 x 11 GPD). Estimated organic load is 16.0755 PPD ((3,712.5000 GPD x 313 (Office)+ 2,442.0000 GPD x 313 (College)) x 8.345 / 1,000,000).
Modified Engineer's Report
City of Malibu Assessment District No. 2015-1
Page B-14
December 9, 2015
37 • 4458-027-023 (Assessment No. 53), 4458-027-024 (Assessment No. 54), and 4458-027-025 (Assessment No. 55)
This is Our Lady of Malibu Church and School. The property is zoned Institutional. The school is located on 4458-027-023, the church is located on 4458-027-024, and the rectory is located on 4458-027-025. The church has seating for 250. The school has a student capacity of one hundred twenty-three (123) with faculty and staff of up to twenty (20).
Estimated wastewater flow for 4458-027-023 is 1,573.0000 GPD (143 x 11 GPD).
Estimated organic load for 4458-027-023 is 4.1087 PPD ((1,573.0000 GPD x 313) X 8.345 / 1,000,000).
Estimated wastewater flow for 4458-027-024 is 750.0000 GPD (250 seats x 3 GPD/seat). Estimated organic load for 4458-027-024 is 1.9590 PPD ((750.0000 GPD x 313) x 8.345 / 1,000,000).
Estimated wastewater flow for 4458-027-025 is 366 GPD. Estimated organic load for 4458-027-025 is 0.9560 PPD ((366.0000 GPD x 313) x 8.345 / 1,000,000).
• 4458-028-006 (Assessment No. 56) and 4458-028-020 (Assessment No. 57) These two properties comprise the wastewater treatment plant site. The properties are zoned Commercial Visitor Serving II. Estimated wastewater flow is 100 GPD and is based on one bathroom, laboratory sink, and a dishwasher. Estimated organic load is 0.2612 PPD (100 x 313 x 8.345 / 1,000,000). Wastewater flow and load are allocated to each parcel in proportion to land area. Estimated wastewater flow for Assessor's Parcel 4458-028-006 is 27 GPD (100 x 4458-028- 006 parcel square footage of 30,930 divided by the total parcel square footage for both parcels of 113,400). Estimated wastewater flow for Assessor's Parcel 4458- 028-020 is 73 GPD (100 x 4458-028-020 parcel square footage of 82,470 divided by the total parcel square footage for both parcels of 113,400). Estimated organic load for Assessor's Parcel 4458-028-006 is 0.0705 PPD ((27.0000 GPD x 313) x
8.345 I 1000000). Estimated organic load for Assessor's Parcel 4458-028-020 is
0.1907 PPD ((73.0000 GPD x 313) * 8.345 / 1,000,000).
D. Parcel Subdivisions and Consolidations
If an Assessor's Parcel is subdivided, the assessment for the subdivided parcel shall be apportioned to the new parcels in accordance with the preceding assessment methodology. The sum of the assessments for the new parcels shall equal the assessment for the subdivided parcel.
If two or more Assessor's Parcels are consolidated, the assessment for the parcel resulting from such consolidation shall be equal to the sum of the assessments for the consolidated parcels.
Modified Engineer's Report
City of Malibu Assessment District No. 2015-1
Page B-15
38 December 9, 2015
In conclusion, it is my opinion that the assessments for the above-referenced Assessment District have been spread in accordance with the direct and special benefits that each parcel receives from the works of improvement.
Dated: [Ee, , q , 2015.
Assessment Engineer
City of Malibu
State of California
I, LJ S 01. Pbf e , as CITY CLER:K-efi'.he City of Malibu, CALIFORNIA do hereby certify that the foregoin,g Assessment, together with the Diagram attached thereto, was recorded in my office on the � 5 fl\ day of Jan UA-v-:J 2016.
Mi 8:,l e� City Clerk
City of Malibu
State of California
I, L1 S 0\ f D P e , as CITY CLERK of the City of Malibu, CALIFORNIA do hereby certify that the fotegoing Assessment, together with the Diagram attached thereto, was approved and confirmed by the City Council of said City on the day of Jan(..4t{j2.� 2016. ctf1 aP�lerk
City of Malibu
State of California
I, ,t:.�YL�l..3!!!!.���, as DIRECTOR OF PUBLIC WORKS of the City of Malibu, CALIFORNIA do hereby certify that the foregoing Assessment, together with Diagram attached thereto, was recorded in my office on the day of�. ;,.$ , 2016.
Modified Engineer's Report
City of Malibu Assessment District No. 2015-1
Director of Public Works
City of Malibu
State of California
Page B-16
39 December 9, 2015
EXHIBIT C
MODIFIED ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 2015-1
(CIVIC CENTER WASTEWATER TREATMENT FACILITY -PHASE 1)
CITY OF MALIBU
ASSESSMENT ROLL
40 Assessment
Number
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
Assessor's
Parcel
Number Property Owner
4452-011-029 Mariposa Land Company Ltd
4452-011-033 First Oaks Oil LLC
4452-011-035 3806 Cross Creek Road LLC
4452-011-036 Mariposa Land Company Ltd
4452-011-037 Mariposa Land Company Ltd
4452-011-039 3900 Cross Creek LLC
4452-011-042 Jamestown Premier Malibu
Village LP
4452-011-043 Jamestown Premier Malibu
Village LP
4452-011-803 So Calif Edison Co, SB of E Par 1
Map 148-19-454A
4452-012-024 Mariposa Land Co Ltd
4458-001-003 23676 And 23726 Malibu Rd
LLC
4458-002-018 Morton M And Leslie Gerson
Trs, Gerson Family Trust
4458-002-019 23676 And 23726 Malibu Rd
LLC
4458-002-900 LA County Consolidated Fire
Pro Dist
4458-018-002 PCH Project Owner LLC
4458-018-018 PCH Project Owner LLC
4458-018-019 PCH Project Owner LLC
4458-018-027 Malibu Rd Project Owner LLC
4458-018-028 Malibu Rd Project Owner LLC
4458-018-029 Malibu Rd Project Owner LLC
4458-018-030 Malibu Rd Project Owner LLC
4458-018-031 Malibu Rd Project Owner LLC
4458-018-032 Malibu Rd Project Owner LLC
4458-018-033 Malibu Rd Project Owner LLC
4458-018-902 Malibu City
4458-018-904 Malibu City
4458-019-003 Reco Land Corp
4458-019-008 Chevron Usa Inc
4458-019-009 KW Partnership LP And KW
Two Partnership LP
4458-019-010 KW Malibu Colony LLC
4458-020-002 Cross Creek Real Estate Group
LLC And Malibu Bear LLC
4458-020-004 CCW Partners LLC
4458-020-010 Malibu Cross Creek Ltd
4458-020-014 3835 Cross Creek LLC
4458-020-015 Reco Land Corp
4458-020-900 LA County
PROPOSED CITY OF MALIBU ASSESSMENT DISTRICT NO. 2015·1
{CIVIC CENTER PHASE I WASTEWATER TREATMENT FACILITY)
ASSESSMENT ROLL
Treatment Plant Collection/Distribution Total Construction Hard Construction Costs
Parcel
Assessment
$321,091.87
$47,098.55
$352,341.25
$434,471.22
$122,276.66
$696,668.02
$371,214.39
$662,630.70
$78,225.49
$926,244.32
$0.00
$21,763.85
$81,344.41
$39,531.36
$0.00
$0.00
$384,512.65
$75,606.42
$75,606.42
$75,606.42
$75,606.42
$0.00
$0.00
$0.00
$0.00
$23,762.02
$75,606.42
$95,530.34
$229,479.61
$6,356,304.43
$14,852.28
$85,354.25
$739,271.93
$1,071,729.27
$197,046.63
$0.00
I Percent
ofTotal
1.24%
0.18%
1.36%
1.67%
0.47%
2.68%
1.43%
2.55%
0.30%
3.56%
0.00%
0.08%
0.31%
0.15%
0.00%
0.00%
1.48%
0.29%
0.29%
0.29%
0.29%
0.00%
0.00%
0.00%
0.00%
0.09%
0.29%
0.37%
0.88%
24.46%
0.06%
0.33%
2.84%
4.12%
0.76%
0.00%
System Construction Costs
Parcel
Assessment
$229,092.83
$33,603.91
$293,296.89
$309,986.82
$87,242.03
$489,177.26
$279,373.75
$474,723.62
$55,812.38
$660,857.41
$0.00
$25,687.68
$96,010.10
$46,658.51
$0.00
$0.00
$453,836.92
$89,237.59
$89,237.59
$89,237.59
$89,237.59
$0.00
$0.00
$0.00
$0.00
$28,046.10
$89,237.59
$68,159.04
$163,729.25
$4,396,102.55
$17,530.01
$100,742.87
$574,073.57
$755,309.46
$140,588.96
$0.00
I Percent
of Total
1.14%
0.17%
1.47%
1.55%
0.44%
2.44%
1.40%
2.37%
0.28%
3.30%
0.00%
0.13%
0.48%
0.23%
0.00%
0.00%
2.27%
0.45%
0.45%
0.45%
0.45%
0.00%
0.00%
0.00%
0.00%
0.14%
0.45%
0.34%
0.82%
21.97%
0.09%
0.50%
2.87%
3.77%
0.70%
0.00%
Costs
Parcel l Percent
Assessment ofTotal
$550,184.70
$80,702.46
$645,638.14
$744,458.04
$209,518.69
$1,185,845.28
$650,588.14
$1,137,354.32
$134,037.87
$1,587,101.73
$0.00
$47,451.53
$177,354.51
$86,189.87
$0.00
$0.00
$838,349.57
$164,844.01
$164,844.01
$164,844.01
$164,844.01
$0.00
$0.00
$0.00
$0.00
$51,808.12
$164,844.01
$163,689.38
$393,208.86
$10,752,406.98
$32,382.29
$186,097.12
$1,313,345.50
$1,827,038.73
$337,635.59
$0.00
1.20%
0.18%
1.40%
1.62%
0.46%
2.58%
1.41%
2.47%
0.29%
3.45%
0.00%
0.10%
0.39%
0.19%
0.00%
0.00%
1.82%
0.36%
0.36%
0.36%
0.36%
0.00%
0.00%
0.00%
0.00%
0.11%
0.36%
0.36%
0.85%
23.37%
0.07%
0.40%
2.85%
3.97%
0.73%
0.00%
Construction Soft Costs,
District Formation Costs, Total Assessment as Total Assessment as and Bond Issuance Costs Preliminarily Approved Confirmed Parcel
Assessment
$211,537.51
$31,028.85
$248,237.88
$286,232.60
$80,556.70
$455,939.18
$250,141.08
$437,295.17
$51,535.49
$610,216.08
$0.00
$18,244.38
$68,190.07
$33,138.68
$0.00
$0.00
$322,332.46
$63,379.97
$63,379.97
$63,379.97
$63,379.97
$0.00
$0.00
$0.00
$0.00
$19,919.43
$63,379.97
$62,936.04
$151,182.73
$4,134,134.41
$12,450.49
$71,551.46
$504,961.04
$702,468.16
$129,815.67
$0.00
I Percent
ofTotal
1.20%
0.18%
1.40%
1.62%
0.46%
2.58%
1.41%
Parcel
Assessment
$548,408.97
$80,442.00
$275,490.39
$742,055.28
$208,842.46
$1,267,177.86
$601,844.86
2.47% $1,122,048.31
0.29% $133,605.27
3.45% $1,581,979.34
0.00% $0.00
0.10% $49,627.38
0.39% $185,486.90
0.19% $90,142.03
0.00% $0.00
0.00% $0.00
1.82% $876,791.22
0.36% $172,402.75
0.36% $172,402.75
0.36% $172,402.75
0.36% $172,402.75
0.00% $0.00
0.00% $0.00
0.00% $0.00
0.00% $0.00
0.11% $54,183.71
0.36% $172,402.75
0.36% $163,161.10
0.85% $391,939.76
23.37% $12,749,737.24
0.07% $32,356.30
0.40% $194,630.41
2.85% $1,398,527.08
3.97% $1,941,899.83
0.73% $336,545.86
0.00% $146,942.57
I Percent
ofTotal
1.10%
0.16%
0.55%
1.49%
0.42%
2.55%
1.21%
Parcel
Assessment
$761,722.21
$111,731.31
$893,876.02
$1,030,690.64
$290,075.39
$1,641,784.46
$900,729.22
2.26% $1,574,649.49
0.27% $185,573.36
3.18% $2,197,317.81
0.00% $0.00
0.10%
0.37%
0.18%
0.00%
0.00%
1.76%
0.35%
0.35%
0.35%
0.35%
0.00%
0.00%
0.00%
0.00%
0.11%
0.35%
0.33%
0.79%
25.64%
0.07%
0.39%
2.81%
3.91%
0.68%
0.30%
$65,695.91
$245,544.58
$119,328.55
$0.00
$0.00
$1,160,682.03
$228,223.98
$228,223.98
$228,223.98
$228,223.98
$0.00
$0.00
$0.00
$0.00
$71,727.55
$228,223.98
$226,625.42
$544,391.59
$14,886,541.39
$44,832.78
$257,648.58
$1,818,306.54
$2,529,506.89
$467,451.26
$0.00
I Percent
ofTotal
1.20%
0.18%
1.40%
1.62%
0.46%
2.58%
1.41%
2.47%
0.29%
3.45%
0.00%
0.10%
0.39%
0.19%
0.00%
0.00%
1.82%
0.36%
0.36%
0.36%
0.36%
0.00%
0.00%
0.00%
0.00%
0.11%
0.36%
0.36%
0.85%
23.37%
0.07%
0.40%
2.85%
3.97%
0.73%
0.00%
41 Assessor's
Assessment Parcel
Number Number Property Owner
37 4458-020-901 LA County
38 4458-020-902 Malibu City
39 4458-020-903 Malibu City
40 4458-021-173 Miramar Property Investment
Co
41 4458-021-175 Surfrider Partners LLC
42 4458-021-901 Malibu City
43 4458-022-001 DB Malibu Holdco LLC
44 4458-022-011 Malibu Bay Company
Hitoshi Yamaguchi Tr Et Al,
45 4458-022-012 Tosh Trust, Eiko Mori Tr, And H
And E Mori Trust
46 4458-022-019 Wave Property Inc
47 4458-022-022 DB Malibu Holdco LLC
48 4458-022-023 Malibu Lapaz Ranch LLC
49 4458-022-024 Malibu Lapaz Ranch LLC
Steven J Knapp Tr, Steven J
so 4458-022-025 Knapp Trust, Joan Knapp Tr,
And Knapp Trust
51 4458-022-802 GTE Calif Inc, SB of E Par 3 Map
201-19-746
52 4458-022-906 LA County
Archdiocese Of LA Educ And
53 4458-027-023 Welfare Corp Our Lady Of
Malib
54 4458-027-024 Roman Catholic Archbishop Of
LA
55 4458-027-025 Roman Catholic Archbishop Of
LA
56 4458-028-006 Reco Land Corp
57 4458-028-020 MBC Colony Plaza LLC
Grand Total:
PROPOSED CITY OF MALIBU ASSESSMENT DISTRICT NO. 201S-1
(CIVIC CENTER PHASE I WASTEWATER TREATMENT FACILITY}
ASSESSMENT ROLL
Treatment Plant Collection/Distribution Total Construction Hard Construction Costs System Construction Costs Costs
Parcel I Percent Parcel I Percent Parcel I Percent
Assessment ofTotal Assessment ofTotal Assessment ofTotal $0.00 0.00% $0.00 0.00% $0.00 0.00%
$0.00 0.00% $0.00 0.00% $0.00 0.00%
$915,194.05 3.52% $660,732.17 3.30% $1,575,926.22 3.43% $273,587.23 1.05% $322,912.62 1.61% $596,499.85 1.30%
$1,200,047.17 4.62% $856,210.44 4.28% $2,056,257.61 4.47% $252,194.66 0.97% $297,663.16 1.49% $549,857.82 1.20%
$708,713.81 2.73% $497,342.44 2.49% $1,206,056.25 2.62% $2,175,918.02 8.37% $1,615,612.87 8.07% $3,791,530.89 8.24% $1,144,922.01 4.41% $816,879.70 4.08% $1,961,801.71 4.26% $1,507,589.02 5.80% $1,075,635.60 5.37% $2,583,224.62 5.62% $988,013.60 3.80% $693,342.06 3.46% $1,681,355.66 3.65% $1,606,391.91 6.18% $1,260,940.91 6.30% $2,867,332.82 6.23% $221,838.52 0.85% $261,834.07 1.31% $483,672.59 1.05%
$158,699.22 0.61% $187,311.31 0.94% $346,010.53 0.75%
$139,799.17 0.54% $99,744.00 0.50% $239,543.17 0.52%
$664,742.43 2.56% $784,589.70 3.92% $1,449,332.13 3.15% $169,898.43 0.65% $200,529.63 1.00% $370,428.06 0.81%
$81,006.88 0.31% $95,611.71 0.48% $176,618.59 0.38%
$39,531.36 0.15% $46,658.51 0.23% $86,189.87 0.19%
$2,916.24 0.01% $3,442.02 0.02% $6,358.26 0.01%
$7,884.67 0.03% $9,306.21 0.05% $17,190.88 0.04%
$25,989,666.00 100.00% $20,012,129.00 100.00% $46,001,795.00 100.00%
Construction Soft Costs,
District Formation Costs, Total Assessment as Total Assessment as and Bond Issuance Costs Preliminarily Approved Confirmed Parcel I Percent Parcel I Percent Parcel I Percent
Assessment ofTotal Assessment ofTotal Assessment ofTotal $0.00 0.00% $91,130.40 0.18% $0.00 0.00%
$0.00 0.00% $0.00 0.00% $0.00 0.00%
$605,919.28 3.43% $1,544,087.19 3.11% $2,181,845.50 3.43% $229,344.97 1.30% $623,851.71 1.25% $825,844.82 1.30%
$790,599.27 4.47% $2,049,621.01 4.12% $2,846,856.88 4.47% $211,411.84 1.20% $575,070.95 1.16% $761,269.66 1.20%
$463,709.98 2.62% $1,833,901.20 3.69% $1,669,766.23 2.62% $1,457,785.03 8.24% $3,810,997.49 7.66% $5,249,315.92 8.24% $754,282.44 4.26% $1,955,469.97 3.93% $2,716,084.15 4.26% $993,209.95 5.62% $2,574,887.22 5.18% $3,576,434.57 5.62% $646,455.27 3.65% $2,556,630.46 5.14% $2,327,810.93 3.65% $1,102,445.16 6.23% $2,764,253.02 5.56% $3,969,777.98 6.23% $185,964.63 1.05% $505,881.35 1.02% $669,637.22 1.05%
$133,035.70 0.75% $361,876.47 0.73% $479,046.23 0.75%
$92,100.65 0.52% $238,770.06 0.48% $331,643.82 0.52%
$557,245.81 3.15% $1,515,789.73 3.05% $2,006,577.94 3.15% $142,423.87 0.81% $387,413.65 0.78% $512,851.93 0.81%
$67,907.11 0.38% $184,717.24 0.37% $244,525.70 0.38%
$33,138.68 0.19% $90,142.03 0.18% $119,328.55 0.19%
$2,444.65 0.01% $6,649.83 0.01% $8,802.91 0.01%
$6,609.63 0.04% $17,979.14 0.04% $23,800.51 0.04%
$17,686,979.33 100.00% $49,725,000.00 100.00% $63,688,774.33 100.00% 42 EXHIBIT D
MODIFIED ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 2015-1
(CIVIC CENTER WASTEWATER TREATMENT FACILITY - PHASE 1)
CITY OF MALIBU
ASSESSMENT DIAGRAM
43 SHEET 1 OF 2
Filed in the office of the City Clerk of the City of
Malibu this_ day of __ , 2016.
City Clerk of the City of Malibu
County of Los Angeles, State of California
ASSESSMENT DIAGRAM FOR
CITY OF MALIBU
ASSESSMENT DISTRICT NO. 2015-1
(CIVIC CENTER WASTEWATER TREATMENT FACILITY - PHASE I)
CITY OF MALIBU. LOS ANGELES COUNTY, CALIFORNIA
Recorded in the office of the City Engineer
this _ day of ___ , 2016.
Robert Brager, P.E.
City Engineer, City of Malibu
Reference is hereby made to the Assessor
maps of the County of Los Angeles for
an exact description of the lines and
dimensions of each lot and parcel.
��
Filed this __ day of __ _, 2016, at
the hour of __ o'clock _m, in Book __
of Maps of Assessment and Community facilities Districts at page __ and as Instrument No. __ , in
the office of the County Recorder in the County of
Los Angeles, State of California.
County Recorder of The County of Los Angeles
5[J(J'
PREPARED BY
DAVID TAUSSIG & ASSOCIATES, INC.
1 N
l.888l
LEGEND
/"Ji"\ \,_J!...-1 Assessment District
44 Assessment Number
SHEET 2 OF 2
ASSESSMENT DIAGRAM FOR
CITY OF MALIBU
ASSESSMENT DISTRICT NO. 2015-1
(CIVIC CENTER WASTEWATER TREATMENT FACILITY - PHASE I)
CITY OF MALIBU, LOS ANGELES COUNTY, CALIFORNIA
ASSESSMENT
NUMBER
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
A.P.N.
4452-011-029
4452-011-033
4452-011-035
4452-011-036
4452-011-037
4452-011-039
4452-011-042
4452-011-043
4452-011-803
4452-012-024
4458-001-003
4458-002-018
4458-002-019
4458-002-900
4458-018-002
4458-018-018
4458-018-019
4458-018-027
4458-018-028
4458-018-029
4458-018-030
4458-018-031
4458-018-032
4458-018-033
4458-018-902
4458-018-904
4458-019-003
4458-019-008
4458-019-009
4458-019-010
4458-020-002
4458-020-004
4458-020-010
4458-020-014
4458-020-015
4458-020-900
4458-020-901
4458-020-902
4458-020-903
4458-021-173
4458-021-175
4458-021-901
ASSESSMENT
NUMBER
43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 A.P.N.
4458-022-001
4458-022-011
4458-022-012
4458-022-019
4458-022-022
4458-022-023
4458-022-024
4458-022-025
4458-022-802
4458-022-906
4458-027-023
4458-027-024
4458-027-025
4458-028-006
4458-028-020
Reference is hereby made to the Assessor
maps of the County of Los Angeles for
an exact description of the lines and
dimensions of each lot and parcel.
An assessment was levied by the City Council on the
lots, pieces, and parcels of land shown on this assessment diagram. The assessment was levied on the __ day
of ___ , 2016. Reference is made to the
assessment roll recorded in the office of the
Cify Engineer for the exact amount of each
assessment levied against each parcel of land shown
on this assessment diagram.
Lisa Pope
Cify Clerk of the Cify of Malibu
PREPARED BY
DAVID TAUSSIG & ASSOCIATES, INC.
45
Agenda Item # 7.C
Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Joseph D. Irvin, City Manager
Date prepared: May 22, 2026 Meeting date: June 8, 2026
Subject: Letter of Support – Pier to Pier
RECOMMENDED ACTION: It is recommended that the City Council: 1) Consider submittal of a Letter of Support (attached) for Pier to Pier LLC’s California State Parks concession application at Malibu Pier; or 2) Provide additional direction to city staff.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
STRATEGIC PLAN IMPLEMENTATION:
Goal 2: Drive Economic Recovery and Restore Lost Revenue.
Objective 2.1: Recover lost sales, hotel, and transaction tax revenue to pre-disaster levels to restore the city’s ability to deliver high quality services.
Strategy: Leverage public-private partnerships.
Economic Recovery Outreach Campaign: Utilize the city’s brand to attract visitors, investment, and residents through strategic outreach.
Goal 4: Improve Public Safety
Objective 4.2: Increase Wildfire Resiliency
Emergency Evacuation: Increase alert warning, and evacuation capabilities.
Goal 7: Explore New Opportunities for Educational, Cultural, and Recreational Establishments.
Objective 7.1: Deliver high quality public services and spaces for education, recreation, and culture.
DISCUSSION:
Pier to Pier LLC is a U.S. Coast Guard-approved, privately funded, coastal passenger ferry service operating in partnership with Harbor Breeze Cruises, a California-licensed vessel operator and led by Malibu residents including a Retired Rear Admiral of US Coast Guard and former Heal the Bay Board Members. Pier to Pier is proposing to launch a scheduled water transportation service, initially for events, then slowly adding daily routes, City Council Meeting
06-08-26
Item
7.C.
1
Agenda Item # 7.C
connecting Malibu to already approved stops at Santa Monica, Marina del Rey, Redondo Harbor, San Pedro, and Long Beach, with fares of approximately $50 plus tax round trip on (2) 100 ft, 149 passenger, CARB compliant catamarans once a California State Parks Department of Parks and Recreation (DPR) agreement is in place.
Beyond transportation, this service has the potential to help advance five City of Malibu priorities:
(1) it provides economic recovery to local businesses without adding cars to PCH; (2) it creates a critical coastal evacuation corridor and emergency water-based escape route for residents during wildfire or PCH closure events — pending the State Parks agreement, CalOES can authorize the deployment of all available vessels in any declared emergency;
(3) it offers a practical transit alternative to visit Malibu, particularly vital during ongoing and planned PCH construction;
(4) allows Malibu to participate in LA28, as Pier to Pier can operate as official athlete transportation for Team USA from Pepperdine to their events, and (5) it creates a new funding pathway for Malibu Pier itself, as the concession structure positions Pier to Pier to contribute to pier maintenance, repair, and infrastructure improvements.
The Council’s Letter of Support carries meaningful weight in the State Parks concession review process and costs the City no direct funding commitment while potentially securing Malibu revenue through an embarkment tax and a permanent, Coast Guard-approved maritime safety and transportation asset at its own pier, while not invoking SB79.
Pier to Pier Funding
Approximately $60M in private funding has been pledged. Pier to Pier’s funding goal is $120M of private funding (for infrastructure upgrades and operations). This would fund approximately the first 18 months of service (Summer 2026 through December 2027).
In terms of public support, Sen. Ben Allen submitted a formal CA state budget line item in support for passenger ferry funding of $2 million annually. Pier to Pier, LLC is actively seeking and applying for federal and state transportation grants.
2
Agenda Item # 7.C
Pier to Pier, LLC would eventually move toward a private-public partnership. Their general exit strategy is for the state to take over the Southern California regional passenger ferry system within an estimated five-year timeframe.
Pier to Pier Route
The initial “proposed” routes and 10 landings (or ferry and water taxi stops) are:
(1) Malibu,
(2) Santa Monica,
(3) Marina Del Rey,
(4) Redondo Beach,
(5) San Pedro,
(6) Long Beach – Belmont,
(7) Long Beach – Rainbow Harbor,
(8) Long Beach – Almeida,
(9) Long Beach – Queen Mary, and
(10) Long Beach – Amphitheater.
Public Transit and Parking
Pier to Pier, LLC is coordinating closely with LA Metro and the 134-bus line will be used.
They have private parking partners and have identified approximately 75-to-100 parking spaces for initial use.
Harbor Breeze Cruises
Harbor Breeze is identified as the global vessel operator partner. They have CA-licensed boat operators or captains. Their boats are CARB-compliant, carbon-neutral vessels.
Harbor Breeze has a 30-year maritime safety record, recently validated by USCG. Pier to Pier, LLC expects between two-and-four boats once daily operations are underway with approximately three stops-per-landing daily.
The safety of the service is a primary focus of Pier to Pier, LLC’s work. Moreover, the emergency utility of the boats is a goal, specifically, for evacuation service.
Pier to Pier “Proposed” Timeline
JUNE 2026: Inaugural ride scheduled for June 5 during U.S. Conference of Mayors in Long Beach.
JUNE/JULY 2026: Soft events launch scheduled for June and July during FIFA World Cup.
3
Agenda Item # 7.C
FALL 2026: Continue weekend or event schedule, can extend based on Santa Monica Pier timing.
WINTER 2026-27: Coordination with City of Santa Monica in preparation for 10-day hosting pre-Super Bowl 2027 and then Pier to Pier Passengers for Ferry Service, thereafter.
For additional information pertaining to the Pier to Pier project, visit https://piertopier.org/.
ATTACHMENTS:
Proposed Letter of Support
4 City of Malibu
23825 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-3356 · www.malibucity.org \\MLB-ADMSCSRV\common\City Council Agendas\2026 Agendas\260608\_Word_Versions\Item 7C_Pier to Pier\Pier to Pier Letter of Support.docx Recycled Paper
June 8, 2026
California Department of Parks and Recreation
Concession Program
Attn: Concessions Program Staff
715 P Street
Sacramento, CA 95814
Re: Letter of Support for Pier to Pier LLC Concessions Application at Malibu Pier Dear Review Committee,
On behalf of the City of Malibu, this letter provides support for Pier to Pier LLC’s proposed concession application for passenger ferry operations at Malibu Pier. The proposed coastal passenger ferry service presents an opportunity to advance several priorities important to our community.
The service has the potential to support Malibu’s ongoing economic recovery by bringing visitors and customers to local businesses without increasing vehicle traffic on Pacific Coast Highway (PCH). It offers a promising transportation alternative during current and planned corridor improvements and could help reduce congestion along one of the region’s most critical transportation corridors. Importantly, the project introduces a maritime component that could strengthen emergency preparedness and evacuation options during wildfire incidents, road closures, and other emergencies affecting PCH access. In addition, the proposal could create longterm support opportunities for maintenance and investment at Malibu Pier itself.
With approximately $60 million in private funding already pledged and State Senator Ben Allen’s formal budget support, Pier to Pier LLC has demonstrated the seriousness and resources needed to deliver. We respectfully urge the Department to consider this application and welcome the opportunity to discuss our support further.
Sincerely,
Bruce Silverstein
Mayor, City of Malibu
5
Agenda Item # 8.A.
Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Reviewed by: Trevor Rusin, Interim City Attorney
Approved by: Joseph D. Irvin, City Manager
Date prepared: May 4, 2026 Meeting date: June 8, 2026
Subject: Santa Monica Mountains Conservancy Advisory Committee Alternate (Continued from May 26, 2026)
RECOMMENDED ACTION: Appoint an alternate representative to the Santa Monica Mountains Conservancy Advisory Committee.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
STRATEGIC PLAN IMPLEMENTATION: N/A.
DISCUSSION: The Santa Monica Mountains Conservancy Advisory Committee (Committee) was created pursuant to Public Resources Code Section 33213. The Committee includes representatives of local governments with jurisdictions in the Santa Monica Mountains, including the City of Malibu. The Committee meets on the third Monday of each month, and Councilmember Conrad currently serves as Malibu’s appointed representative.
The Committee advises on matters of significance to the Malibu community, and the primary representative may not always be available to attend or participate in every meeting. Staff recommends appointing an alternate to serve when the primary representative is unable to participate.
ATTACHMENTS: None.
City Council Meeting
06-08-26
Item
8.A.