City Council Meeting 09-12-11 Item 4.A. Council Agenda Report To: Mayor Sibert and the Honorable Members of the City Council Prepared by: Stephanie D~nner, Senior plannerC Reviewed by: Joyce Parker-Bozylinski, AICP, Planning DirectoØ Approved by: Jim Thorsen, City Mana~ Date prepared: August 25,2011 Meeting date: September 12, 2011 Subject: Adoption of Resolution No. 11-41 Approvino the Formation of the Broad Beach Geolooical Hazard Abatement District. Approvino. the Plan of Control and Appointino Five Propertv Owners to the Initial Board of Directors of the Geolooical Hazard Abatement District RECOMMENDED ACTION: 1) Conduct the public hearing; and 2) adopt Resolution No. 11-41 (Attachment A) ordering the formation of the Broad Beach Geological Hazard Abatement District (GHAD) and appointing property owners Steven Levitan, Zan Marquis, Norton Karno, Marshall Grossman and Jeff Lotman as the initial Board of Directors for terms not to exceed four years. FISCAL IMPACT: There is no immediate fiscal impact to the City. Once the Broad Beach GHAD has been formed and a funding mechanism has been approved by the Board of Directors and affected property owners, costs associated with the operation of the Broad Beach G HAD wil be offset by assessments 1 paid by property owners within the District. The proposed assessments wil be supported by a detailed Engineer's Report prepared by a registered professional engineer certified by the State of California and wil be considered at a subsequent GH~D Board meeting. i An assessment is a charge levied on propert to pay for a public improvement or service that benefits propert. Assessments are usually collected on the regular propert tax bil. They are different, however, from the regular 1 percent propert tax and propert tax debt overrides in that assessment rates are not based on the value of the propert. Assessments are also different from another charge that sometimes is placed on the propert tax bil, parcel taxes. Unlike parcel taxes, assessments typically were not voter approved prior to Proposition 218. In addition, assessment rates were linked to the cost of providing a service or improvement, whereas parcel taxes could be set at any amount. Typical assessments include those for flood control improvements, streets, and lighting and landscaping. Page 1 of 6 Agenda Item # 4.A. DISCUSSION: Division 17 of the California Public Resources Code (PRC) establishes legal standards for GHAD formation, GHAD financing and the scope of GHAD authority (PRC § 26500-26654). PRC § 26567 provides that, after suffcient notice and a hearing at which the owners of no more than 50 percent of the assessed valuation of the proposed District object to its formation, a new GHAD may be formed by resolution of the City CounciL. The adoption of a resolution approving the formation of the Broad Beach GHAD, approving the Plan of Control and the selection of the initial five members of the Board of Directors are the next steps necessary for the creation of the Broad Beach GHAD. Analvsis Various portions of the Broad Beach area have been subjected to emergency repair I protective measures in years past due to storms and related erosion events. Because of the general and continuing narrowing of the beach, additional protective measures wil be implemented. The measures may include beach nourishment and rehabiltation of dunes with associated vegetation and habitat. Additionally, the recently installed rock revetment is anticipated to need periodic inspection. The GHAD, overseen by a board elected from the members and affected property owners, wil provide a means of financing the beach nourishment and associated maintenance into the future. Background On August 20, 1991, pursuant to the provisions of PRC § 26550, the City Council adopted Resolution No. 91-59, declaring that it is subject to the provisions of Division 17 of the PRC, including Chapter 2 thereof, and forwarded a copy of Resolution No. 91-59 to the State Controller. On June 6, 2011, a petition for the formation of the Broad Beach Geological Hazard the Trancas Abatement District (GHAD) was submitted by Kenneth Ehrlich, on behalf of Property Owners Association (TPOA). The City Clerk determined that such petition is substantially in the same form described in PRC § 26551 and 26552 and verified that the signatures affixed to the petition represent owners of not less than 10 percent of the real property to be included within the proposed GHAD, and that such signatures were secured in accordance with PRC § 26555. The City Public Works Department reviewed the proposed Plan of Control and determined that public health, safety, and welfare require formation of a GHAD. Page 2 of 6 Agenda Item # 4.A. At the July 25, 2011 City Council meeting, the agenda item to set a hearing date to consider the Broad Beach GHAD petition was continued to August 8, 2011 at the request of the applicant. On August 8, 2011, the City Council adopted Resolution No. 11-38 setting a public hearing for September 12, 2011; to consider both the petition for the formation of the Broad Beach GHAD and the Broad Beach GHAD Plan of Control (Attachment B). Broad Beach GHAD Formation Pursuant to the PRC, the Malibu City Council adopted Resolution No. 11-38 on August 8,2011, accepting the Petition for Formation for the creation of the Broad Beach GHAD. Out of the 123 members and affected properties within the GHAD, there were signatures presented for 47, accounting for 38 percent of the members (a minimum of 10 percent is required to place the item on a Council agenda). The resolution set a public hearing date for September 12, 2011, and required noticing by mail to all owners of real property within the proposed District at least 20 days prior to the hearing date. On August 18, 2011, notice of a public objection hearing was sent by certified first class mail to each property owner within the proposed GHAD (Attachment C). Any property owner within the District that objects to the formation of the GHAD can submit a written objection to the City Clerk any time before the public hearing and the objections wil be presented to the City Council at the hearing (PRC § 26564). Pursuant to PRC § 26566, if it appears at the public hearing that owners of more than 50 percent of the assessed valuation of the proposed District object to the formation thereof, the City Council shall close the hearing and direct that proceedings for the formation of the District be abandoned. If less than 50 percent submit objections, then the City Council can move forward and form the GHAD at that time. As of the date of preparation of this agenda report, the City Clerk has not received any written objections to the formation of the GHAD. GHAD Location The proposed Broad Beach GHAD would span the entirety of Broad Beach and a portion of Victoria Point (starting with 30708 Broad Beach Road in the east and concluding with 6525 Point Lechuza to the west) (Attachment D). GHAD Functions GHADs are political subdivisions of the state and are formed in specific geographic areas to address potential geologic hazards. The purpose of a GHAD is to prevent, Page 30f 6 Agenda Item # 4.A. mitigate, control, or abate defined geologic hazards through maintenance, improvements, or other means. Financing of a GHAD is accomplished through an assessment of only those property owners who own real estate within the boundaries of the designated district. Issuing and servicing of bonds, notes, or other debentures is also authorized' under a GHAD. The assessment wil be based on an Engineer's Report, which is being prepared by ENGEO Incorporated. The manner in which assessments are calculated would be based upon the amount of linear frontage along the beach of each property in the GHAD. The assessments and associated financing of the GHAD improvements would be overseen entirely by the GHAD Board of Directors. After GHAD formation, the GHAD Board would meet and pass a resolution accepting the Plan of Control. Then a public hearing of the GHAD members would be held on the proposed assessment and at that time a property owner vote would be held on the assessment. The TPOA's representative anticipates that this process wil be completed in Spring 2012. Plan of Control The Plan of Control is the mechanism that lays out the actual on-going work, monitoring schedule, and priority of expenditures that would need to be accomplished through the GHAD. A Plan of Control is required per PRC § 26553 and 26558 when proceedings have been initiated to form a GHAD. This plan describes the hazard, its location and provides measures to prevent, mitigate, abate and otherwise control the hazard. The Plan of Control sets forth the rationale for: i. Periodic site inspection, instrumentation, and documentation of property conditions; ii. A maintenance control plan; iii. Who administers the plan, and how it wil be implemented; iv. Initial annual cost of the plan; and v. How the plan wil be funded in the long term. The Plan of Control, prepared by ENGEO Incorporated and dated March 30, 2011 (Exhibit A of Resolution No. 11-38), describes the hazard, monitoring and mitigation measures for the Broad Beach Restoration Project. The activities described in the Plan of Control wil be funded by assessments levied against the properties within the boundaries of the GHAD. The City Council reviewed the proposed Plan of Control at its August 8, 2011 meeting and determined that public health, safety, and welfare require formation of a GHAD. Page 4 of 6 Agenda Item # 4.A. Board of Directors PRC § 26567 provides that "(a)t the close of the hearing or within 60 days thereafter, the formation of the proposed district. The resolution shall appoint five owners of real property within the district to the initial (City Council) may proceed by resolution to order the. board of directors for terms not to exceed four years, or, as an alternative to the appointment of five owners of real property within the district, the (City Council) may appoint itself to act as the board of directors." For the Broad Beach GHAD, staff recommends that the City Council not act as the Board of Directors, but rather appoint five property owners from the proposed District. The TPOA's representative has offered the following potential appointees, who are all owners of real property within the District boundaries: Steven Levitan, Zan Marquis, Norton Karno, Marshall Grossman and Jeff Lotman. These specific property owners have been deeply involved in the process to complete the emergency restoration and GHAD formation. After Council's appointment of the five property owners, the District wil become an independent entity with an elected board of directors. Following the four-year term of the initially appointed board of directors formed pursuant to PRC § 26567, the board of directors shall be composed of five elected property owners. The term ofoffce of the board members shall be four years (PRC § 26583). The and a treasurer (PRC § board wil be responsible for appointing a clerk (PRC § 26584 ) 26585). The board of directors may also appoint other officers of the district and delegate thereto such powers of the district as may be appropriate in the circumstances (PRC § 26586), The TPOA's representative has indicated that the Board most likely wil appoint Uri Eliahu of ENGEO Incorporated as the GHAD Manager. A GHAD Manager is a geotechnical engineer or certified engineering geologist, who manages day-to-day operations and is educated and trained in geologic hazard abatement. Typical duties of a GHAD Manager may include: 1) managing GHAD improvements, including operation, maintenance, replacement and repair, and executing contracts with consultants, contractors and professionals to assist in these duties; 2) preparing a comprehensive annual budget; appropriating and extending GHAD funds as necessary for carrying out the GHAD operations; 3) developing long-range plans with guidance from the Board of Directors and assisting in the achievement of common goals and objectives; 4) facilitating the flow and understanding of ideas and information between and among the directors and GHAD contractors, consultants and employees; 5) preparing annual updated to the GHAD assessment roll; and updating and making amendments to the Plan of Control, as needed. Page 5 of 6 Agenda Item # 4.A. Environmental Determination GHAD formations are exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to PRC § 26559 (GHAD law that specifically exempts the application of CEQA to GHADs). ATTACHMENTS: A. Resolution No. 11-41 B. August 8,2011 Agenda Report and Attachments i. Executed Resolution No. 11-38, Including the Plan of Control as Exhibit A ii. Petition to Form the GHAD C. Notice of Public Objection Hearing D. Location Map Page 6 of 6 Agenda Item # 4.A. RESOLUTION NO. 11-41 A RESOLUTION OF CITY COUNCIL OF THE CITY OF MALIBU ORDERING THE FORMATION OF THE BROAD BEACH GEOLOGICAL HAZARD ABATEMENT DISTRICT AND APPOINTING PROPERTY OWNERS STEVEN LEVITAN, ZAN MARQUIS, NORTON KARNO, MARSHALL GROSSMAN AND JEFF LOTMAN AS THE INITIAL BOARD OF DIRECTORS FOR TERMS NOT TO EXCEED FOUR YEARS The City Council of the City of Malibu hereby finds, determines, and resolves as follows: SECTION 1. RECITALS. A. On August 20, 1991, pursuant to the provisions of Section 26550 of the Public Resources Code, the City Council adopted Resolution No. 91-59, declaring that it is subject to the provisions of Division 17 of the Public Resources Code, including Chapter 2 thereof, and forwarded a copy of Resolution No. 91-59 to the State Controller. B. This Resolution is adopted pursuant to Section 26567 of the Public Resources Code. C. On August 8, 2011, the City Council adopted Resolution No. 11-38 accepting the Petition and setting a hearing on the Petition for September 12, 2011, at 6:30 p.m. D. On August 18, 2011, notice of the public hearing was mailed to each real propeiiy owner within the proposed Broad Beach Geological Hazard Abatement District Public Resources Code Sections 26561 - 26563. (GHAD) pursuant to the provisions of E. At the time set for the hearing, no owner of real property within the proposed Broad Beach GHAD had made a written objection to its formation in accordance with the provision of Public Resources Code Sections 26564 - 26566. SECTION 2. On September 12, 2011, the City Council held a duly noticed public hearing to consider objections to fonnation of the Broad Beach GHAD in accordance with Public Resources Code § 26565. The City Council received all public testimony regarding the Broad Beach GHAD fonnation including, without limitation, all objections from real propeiiy owners. SECTION 3. The City Council finds that fewer than fifty percent (50%) of all real propeiiy owners within the proposed Broad Beach GHAD object to its formation and, consequently, the proceedings to fonn the Broad Beach GHAD may continue. SECTION 4. Pursuant to Public Resources Code Section 26567, the City ATIACHMENT A 08/25/2011 04: 48 3105438441 PAGE 02/05 JENKINS & HOGIN LLP Resolution No. 11-41 Page 2 of2 Council her9Y orders the formation of the Broad Beach GHAD, as descrbed in the Pettion, and hereby appoints property owners: Steven Levitan, Zan Marquis) Norton Kamo, Marshall Grossman and Jeff Lotman, as the initial Board of Directors of the Broad Beach GRAD for tens not to exceed four years. âPCTION 5. The GHAD shall become operational only after the parcels within successfully assessed in accordance with Public the California Constitution. Resources Code Section 26650 and Aricle XIII of the boundaries of the GHAD have been. SECTION 6. The formation of the Broad Beach GHAD Is exempt fr the provisiollsof the Califomia Enviromnenta Quality Act (Public Resources Code Section 21000 flt seq.) in accordance with Public Resourcès Code Sections 21080(b)(4) and . 26559. SECTION 7. The City Clerk is directed to cerify to the passage and adoption of . ths resolution and enter it jnto the book of original resolutions. PASSED, APPROVED and ADOPTED this iih day of September, 201 L JOHN SIBERT, Mayor ATTEST: LISA POPE) City Clerk (seal) Council Agenda Report To: Mayor Sibert and the Honorable Members of the City Council Prepared by: Stephanie Danner, Senior Planne~ Reviewed by: Joyce Parker-Bozylinski, AICP, Planning Directo~ Lisa Pope, City Clerk Approved by: Jim Thorsen, City Mana~ Date prepared: July 25, 2011 Meeting date: August 8, 2011 Subject: Adoption of Resolution No. 11-38 Settínq a Public Hearinq to Consider a Petition for Formation of the Broad Beach Geoloqical Hazard Abatement District RECOMMENDED ACTION: Adopt Resolution No. 11-38 (Attachment A) setting a public hearing for September 12,2011 to consider both the petition for the formation of the Broad Beach Geological Hazard Abatement District (GHAD) and the Broad Beach GHAD Plan of Control. DISCUSSION: At the July 25, 2011 City Council meeting, this item was continued to August 8, 2011 at the request of the applicant.' On June 6, 2011, a petition for the formation of the Broad Beach Geological Hazard Abatement District (GHAD) was submitted by Kenneth Ehrlich, on behalf of the Trancas Property Owners Association (TPOA) (Attachment B). The City Clerk has determined that such petition is substantially in the same form described in Public Resources Code (PRC) Sections 26551 and 26552 and has verified that the signatures affixed to the petition represent owners of not less than 10 percent of the real property to be included been secured in accordance with PRC Section 26555. within the proposed GHAD, and that such signatures have Backqround The' Broad Beach area is located at the base of the Santa Monica Mountains and adjacent to Santa Monica Bay in Malibu, California. The Broad Beach area consists of residential structures situated south of Broad Beach Road and adjacent to the beach. Page 1 of 3 AITACHMENT B Access to the beach is provided via two public vertical accessways. In general, very little dry beach exists at higher tide levels, especially in the western portion of the Broad Beach area. A Phase 1 Report1 prepared by Moffatt & Nichol in April 2010 concluded that: "There has been significant change in the width of Broad Beach since 1946. Broad Beach was at its widest point in the early 1970's, and was 80+ feet farther seaward than in October of 2009. Since the peak of the beach width, Broad Beach has experienced variable, but declining beach width at a rate of about two feet per year. The Broad Beach shoreline' is retreating because of a negative sand balance due either to a reduction in sand supply entering around Lechuza Point, . or a change in the alongshore component of wave energy that increases the amount. of sand leaving the beach near the vicinity of Trancas Creek. Between 1974 and' 2009, approximately 600,000 cubic yards of sand was lost at Broad Beach, a majority of which has moved east to nourish Zuma Beach. On av~rage, the shoreline moVed inland 65 feet. Once the sand budget turned negative in 1974, the Broad Beach loss rate has accelerated to approximately 35,000 cubic yards per year during the last five years. Recent high erosion rates during the 2009-2010 winter season necessitated that emergency precautions be taken to protect (OWTS) residential structures and onsite wastewater treatment systems located seaward of the residences." Emergency Coastal Development Permits (ECDPs) were issued by both the City and the California Coastal Commission (CCC) in December 2009 and January 2010, respectively. The ECDPs permitted the installation of a rock revetment, approximately 5 Beach Road). . feet high and 25 feet wide, to protect existing single-family residences and associated OWTS along Broad Beach Road (specifically located between 30760 and 31340 Broad As required by the conditions of approval for the ECDPs, the TPOA is now working on submitting a follow-up Coastal Development Permit (CDP) to permit a buried permanent rock revetment along with the implementation of periodic beach (sand) nourishment. Beach nourishment is a method used to stabilize or advance a shoreline against erosion and protect threatened upland areas and is often called' the "soft solution" because it retains the environmental, recreational and aesthetic aspects of the beach, without the i Report available on the City's website at h!://~Yv'w.inalibucjty.org/du-yvnl.Qa9jjndex,çJm!lùsc:_a_çtion/download/cid/16547/ Page 2 of 3 Agenda Item # 3.B.4. need to construct hard structures. The CCC has taken jurisdiction and will be ultimately permittng the COP due to the fact that a majority of the project wil take place on "tidelands, submerged lands or on public trust lands" per Local Coastal Program (LCP) Implementation Plan (LIP) Section 13.3(0). Local In order to mitigate or abate erosion hazards in the area, a group of homeowners in the Broad Beach area have proposed to create a GHAO. GHAOs are formed for the purpose of preventing, mitigating, abating or controlling geologic hazards and the structural hazards caused by geologic hazards. A geologic hazard is an actual or threatened landslide, land subsidence, soil erosion, earthquake, fault movement or any other natural or unnatural. movement of land or earth. The GHAO will provide a means of financing the beach nourishment and associated maintenance into the future. The City Department of Public Works has reviewed the proposed Plan of Control (Exhibit A to Resolution No. 11-38) and has determined that public health, safety, and welfare require formation of a GHAO. In order to form a GHAO; state law requires that the City Council adopt a resolution initiating the formation of the Broad. Beach GHAO and setting the date for a public hearing to consider its formation. If the City Council adopts Resolution No. 1.1-38, notice of the public objection hearing will be sent to each property owner within the proposed that objects to the formation of the GHAD can submit a written objection to the City Clerk any time before the public hearing and the objections will be GHAO. Any land owner presented to the City Council at the hearing. If owners from more than 50 percent. of the assessed valuation of the land in the proposed GHAO object to the formation, the City Council shall close the hearing and abandon the formation proceedings. If less than 50 percent submit objections, then the City Council can move forward 'and form the GHAO at that time. ATTACHMENTS: A. Resolution No. 11-38 B. Petition to form the GHAO Page 3 of 3 Agenda Item # 3.B.4. RESOLUTION NO. 11-38 A RESOLUTION OF CITY COUNCIL OF THE CITY OF MALIBU SETTING A PUBLIC HEARING TO CONSIDER PETITION FOR FORMTION OF THE BROAD BEACH GEOLOGICAL HAZARD ABATEMENT DISTRICT PURSUANT TO DIVISION 17 (COMMNCING WITH SECTION 26500) OF THE CALIFORNIA CODE PUBLIC RESOURCES The City Council of the City of Malibu hereby finds, determines, and resolves as follows: SECTION 1. RECITALS. A. Pursuant to the provisions of Section 26550 of the Public Resources Code, the City Council adopted Resolution No. 91-59, declaring that it is subject to the provisions of Division 17 of the Public Resources Code, including Chapter 2 thereof, and forwarded a copy of Resolution No. 91-59 to the State Controller. B. This Resolution is adopted pursuant to Division 17 (Sections 26500 et seq.) of the Public Resources Code. C. On June 6, 2011, a petition initiating proceedings for the formation of the Broad Beach Geologic Hazard Abatement District (GHAD) was presented to the City Clerk and the City Clerk has determined that such petition is substantially in the form described in Public Resources Code Sections 26551 and 26552 and has verified that the signatures affixed to the petition represent owners of not less than 10 percent of the real propert to be included within the proposed District, and that such signatures have been secured in accordance with Public Resources Code Section 26555. SECTION 2. The City Council has been presented with and has reviewed the Control, attached to this Resolution as Exhibit "A," and incorporated by reference, and has determined that public health, safety, and welfare require formation of a GHAD. March 2011 Plan of SECTION 3. The City Council has determined that the GHAD is being formed to prevent, mitigate, abate and control geological hazards including without limitation landslides, soil erosion, and similar geological hazards within its boundaries. SECTION 4. A public hearing to consider objections to the formation of the GHAD wil be held on September 12, 2011, at 6:30 p.m., or as soon thereafter as possible, in the City Council Chambers, 23825 Stuart Ranch Road, Malibu, CA 90265, as the time and place for a hearing on the petition described in Section 1 above. At any time not later than the time set for such hearing, any owner of real property within the proposed District may make a written objection to the formation of the District in accordance with Public Resources Code Section 26564. Resolution No. 11-38 Page 2 of 35 SECTION 5. The City Clerk is directed to mail notice of the hearng to each real propert owner with the proposed GRA at least 20 days before the hearg. The notice must include the date, tie and place of the hearng, a copy of this Resolution and must indicate that the Plan of Control may be reviewed or copied at Malibu City Hall, City Clerk's Offce. The notice must briefly describe the purose of the objection hearng and indicate that objections to formation of the GHAD may be mailed or otherwse delivered, to the City Clerk up to the time of the hearng. SECTION 6. As required by Public Resources Code Section 26566, if propert owners of more than 50 percent of the assessed valuation of the proposed distrct object to the formation of the GHA, the City Council must abandon the formation proceedings. SECTION 7. The City Clerk is directed to certify to the passage and adoption of ths resolution and enter it into the book of original resolutions. PASSED, APPROVED and ADOPTED ,ths 8th d. ATTEST: trfAf~ LISA POPE, City Clerk . (seal) I CERTIFY THAT THE FOREGOING RESOLUTION NO. 11-38 was passed and adopted by the City Council of the City of Malibu at the regular meeting thereof held on the 8th day of August, 2011, by the followig vote: AYES: 5 Councilmembers: Conley UIich, La Monte, Wagner, Rosenthal, Sibert NOES: 0 ABSTAI: 0 ABSENT: 0 . ~'m"~~. USA POiP:E!. City Clerk (sta1) Resolution No. 11-38 Page 3 of35 PLAN OF CONTROL BROAD 'BEACH GEOLOGIC HAZRD ABATEMEN DISTRICT (GHAD) Submit to: T firn Proprt OiAssoian Prepared hy: ENGEO Inorra March 30. 2011 Proect No. 85BfUllCUl0l in Exce'!if3nce . Et.,GE-.,Ü Exhibit A Resolution No. 11-38 Page 4 of 35 G EOTECH ¡,¡ C;\ L ENV I RON\' ENTA L WATER RESOURCES CONSTRUCTION SERVICES Proji'Ct No. 8588.000.000 March 30. 201 i Mr. Kenneth A. Ehrlich cío Tranciis Property Owners Association JetTer, Mangels, HlIler, & Mitchdl LLP 1900 Avenue of the Stars, 7th Flo(l Los Angeles, CA 90067 Broad Beach Geologic Hazard Abatcment District (GHAD) Subject: Malibu. Califimiìa GEOLOGIC HAZARIl ABATEMENT I)STRICT (GIIAD) PLAN OF CONTROL Dear Mr, Ehrlich: ENGEO is pll'ascd to present the Broad Beach Geokigic Hazard Abatement District (GHAD) Plan ùfCol1rol. We are glad to be of service to you on this project. If you have any qui'stions conl'criíng the COrients of this plan, please do not liesitate to contact us. Sincerely. ENGEO IneorjXirated / II / l'v- Yk~J Erìc HarrelL. CEG .) .. ,:;j)'":;,l,/ . - "Je~y A. Adams, PhI), PE clvue/jaaJrc ~(j1O Oro"", l:u\.)'nn P¡;~tç. ~i-ih~ ;:5t~ .. .',1.: R:imor;, ('/i, 9A:;~U !o ((;¿.s~ ~t.(;(,~9DÜn.. F,~x (¡'¿H:O '.r7'-~.?~.i)~ ~",:"v\''''.,"nßçQ.cnm Resolution No. 11-38 Page 5 öf 35 8588.000.000 Trif1(:;% Property ()wners ,b,ss;:d;:thì1 BC?di M2rch TABLE OF CONTENTS Letter of Transmittal Page 1.0 AUTHORITY AND SCOPE.........................................................................1 1.1 PROPERTY IDENTIFICATION ................................;.......................................1 2.0 BACKGROUN ......................................................................;.....................2 2.1 SITE CONDITIONS ............................................................................................2 2.2 CURRENT AND PROPOSED IMPROVEMENTS .............................................2 3.0 SITE GEOLOGY ..........................................................................................3 3.1 SITE SETTING .....................................................................................................3 4.0 GEOLOGIC lLLlARDS ..............................................................................4 4.1 BEACH AND DUNE EROSION .........................................................................4 4.2 FLOODING FROM SEA-LEVEL RISE..........................................................6 4.3 COASTAL CLIFF EROSION AND INSTABILITY .........................................7 U SEISMICALLY INDUCED GROUND SHAKIG............................................7 4.5 TSUNAMI ......................................................................................................... 7 5.0 GRAD RESPONSIBILITIES............................. ..........................................8 5.1 BEACH...................................................................................................................8 6.0 CRITERIA FOR GHAD RESPONSIBILlTY.........................................9 MITIGATION ..............9 NEGLIGENCE OF PROPERTY OWNER ..........................................................................................9 6.3 PROPERTY NOT ACCEPTED ........................................................................9 6.4 GEOLOGIC HAZARD WHICH REQUIRES EXPENDITURE IN AMOUNT EXCEEDING THE VALUE OF THE THREATENED OR DAMGED IMPROVEMENT ......................................................................9 6.5 GHAD FUNDING OR REIMBURSEMENT FOR DAMAGED OR 6.1 ISOLATED OR REMOTE FEATURE REQUIRING 6.2 GEOLOGIC HAZARDS RESULTING FROM DESTROYED STRUCTURES OR SITE IMPROVEMENTS ....................10 6.6 NO REIMBURSEMENT OF EXPENSES INCURRED BY PROPERTY OWNERS .............................................................................................................10 7.0 ACCEPT ANCE............................................................................................11 7.1 ACTIVATION OF ASSESSMENT ..................................................................11 7.2 RESPONSIBILITY FOR GHAD ACTIVITIES.................................................l1 7.3 PROCESS FOR TRASFERRING RESPONSIBILITY FOR GHAD ACTIVITIES .......................................................................................................11 8.0 BROAD BEACH MANAGEMENT PLA .............................................12 Resolution No. 11-38 Page 6 of35 Tr3n~% PrQr;Bti ~~)~vners /-\sso(Ì;;¡tiOì1 8fj83.DOD.ODO ~km:t 20'1 I Bcc:ch TABLE OF CONTENTS (Continued) 9.0 PRIORITY OF GRAD EXPENDITURS ...............................................13 10.0 MAINTENANCE AND MONITORING SCHEDULE ...........................14 SELECTED REFERENCES FIGURES APPE~i)IX A EO INCO¡¡PORA1ED Resolution No. 11-38 Page 7 of35 Tr3n~3f; Prup.:dy Ciir;¡ner$ !-ssodatíon 8rj83.GOû.OOO B'oad Bòf,ch 30.2011 1.0 AUTHORITY AND SCOPE The Broad Beach Geologic Hazd Abatement Distrct ("GHAD" or "Distrct") shall be formed under authority of the CalifoTIa Public Resources Code (Division 17, conuencing with Section 26500). Geologic Hazd Abatement Distrcts are political subdivisions of the State of CalifoTIa and are not an agency or iiisbuentality of a local agency. Section 26509 of the Public Resources Code reques a Plan of Control, prepared by a State Certfied Engineerin Geologst, as a prerequisite to formation of a GHAD. Pusuat to Section 26509, tls Plan of Control was prepared by an Engneerin Geologist certfied pursuant to Section 7822 of the Business and Professions Code and describes the geologic haards, their location, and the area affected by them. It also provides a plan for the prevention mitigation, abatement, or control thereof Ai used in tls Plan of Control, and as provided in Section 26507, "geologic hazard" mean an . actual or theatened landslide, land subsidence, soil erosion, earthquae, fault movement, or any other natual or unatural movement ofland or eart 1.1 PROPERTY IDENTIFICATION The proposed GHAD boundai is shown in Exhbit B. The GHAD area includes areas adjacent to and witln the vicinity of Broad Beach in Malbu, Califora. The legal description of the land to be included with the Broad Beach GHAD is included in Exhbit A. -I- Resolution No. 11-38 Page 8 of35 8583.GOG.OOO Tr3Y::% Property Owners ,!\ssç;(jat¡0ì1 Groad Seach Hazard ,Â,baternent 2011 2.0 BACKGROUND 2.1 SITE CONDITIONS The Broad Beach area is located at the base of the Santa Monica Mountains and adjacent to Santa Monica Bay in Malibu, western Los Angeles Coun, Caiforna. Propertes witlu the Trancas Property Owners Association (TPOA), and adjoinig and adjacent propertes, include those adjacent to Broad Beach, exiending from Point Lechuz on the west to Zuria Beach on the east. Although beach width can var seasonaly as well as from year to year, Broad Beach reportedly has been consistently naowi in width since the early 1970s. In general, veiy litte, if any, dry beach exists at higher tide levels, especially in the western portion of the above-described area. Additionay, temporaiy anoiing (including sandbags) from earlier emergency repais has become increasirly exposed with time. An emergency rock revetment was installed seaward of the homes in 20 i 0 along most of the leng of the beach to protect the private propertes. 2.2 CURRENT AND PROPOSED IMPROVEMENTS The Broad Beach area consists of residential stuctues siruted south of Broad Beach Road and adjacent to the beach. Lots withn the area tyicaly include residential strctues situted relatively close to Broad Beach Road to maxmize open space adjacent to the beach. Additionaly, access is provided to the beach via two (2) public walkways. Varous portions of the beach have been subjected to emergency repair/protective measures in years past due to storms and related erosion events. Because of the general and continuig narowing of the beach, additional protective measues will be implemented. The measures may include beach nourshment and rehabilitation of dunes with associated vegetation and habitat. Additionally, the recently instaled rock revetment is anticipated to need periodic inspection. -2- Resolution No. 11-38 Page 9 of35 Tr3n~3;, Proterty O:.mcrs ß'$scdation 8563.(100.000 Broad 8e¡;~ch Geo!Qgìc Hazard Abêliernenl D1strkt (GHAD) ii/arch 3G, 2011 .....'.'m..'..'.."""..,..............................................................................".......",,,,,.................................,...,.. ................................................................................................................... 3.0 SITE GEOLOGY 3.1 SITE SETTING The Santa Monica Mountains are an east-west trending rane approximately 50 miles long and 9 mies wide. Elevations in the range extend from sea level to over 3,000 feet. The coastline associated with the Santa Monica Mountans is chaacterized by numerous pocket beaches bounded by headlands. The headlands result from the high erosiona resistace of the bedrock in compaison with tlie surounding materials. Headlands from deltaic deposits, such as cobbles and boulders found at the mouths of stream, are also present (Patsch and Griggs, 2007). Broad Beach stretches from Point Lechn on the west to Zuma Beach on the east. It is situated withn a sub-cell of the Santa Monica Littoral Cell (Patsch and Griggs, 2007). Until 1979, Broad Beach had been natually replenished from a combintion of deposition from rivers, seacliff erosion, dune erosion, and littoral drft. The natual condition of beaches in the Santa Monica Littoral Cell tends to be narow due to the loss lack of signficant sand sources, high rates of longshore or littoral tranport and the natual of sand into submarne canyons (Patsch and Griggs, 2007). Additionally, human intervention over the years, includig roadway constrction, daming of rivers and creeks, and seacliff aroring, have fuer reduced the volume of sand avaiable for deposition. The reduced natual sources of sand have been somewhat offset by beach nourishent in various portons of the cell area sout and east of MalbU; however, these nourshment activities have not generally been performed in the Malbu area. Development in the Malibu area began in the 1920s when access was granted for the constrction of Pacific Coast Highway. The constrction of the highway necessitated large cuts into the existig hilsides and subsequent expanion requied additional gradig work. Residential development in the Broad Beach area reportedly began in the ¡ 930s with the sporadic constrction of residential strctures. The strctues generaly did not have muncipal facilties. Septic systeII and leach fields were instaled for these early developments. Development occured in the Broad Beach area though the 1980s and 1990s and contiues though ths date. Addtionay, several propertes have been redeveloped, and in some cases, adjacent propertes have been merged to accommodate larger lots and strc.tues. -3- EO INCORPO!?Ar~o Resolution No. 11-38 Page 10 of35 Tr~nC3r- Property Ownors Assvdation 8588.008.000 rh¡ch 2011 4.0 GEOLOGIC HAZARDS The following geologic hazds for the Broad Beach area have been idetified for the properties with the GHAD and are expected to remai to some extent after the improvements have been installed. . Beach/dune erosion . Floodi propert daage from sea-level rise and storms . Coastal cliff erosion . Seismicaly induced ground shakg . Tsunan 4.1 BEACH AND DUNE EROSION Beaches essentially act as coastl storm barers.. A beach's size, shape and sand volume help deterie how well the beach can protect a developed area dinng a storm. Each of th varous elements of a beach, such as bluffs, dunes, berms, offshore sand bars, and even the width and slope of the beach itself, offers a level of natual protection against huricanes and coastal storms by absorbing and dissipati the energy of breaking waves, either seaward or On the beach itself Beach and dune erosion is a natmal process that occurs on a continui basis. As described elsewhere in ths document, beaches withn the Santa Monica Littoral Cell tend to be relatively nan'ow in a natual condition. However, signficant natual events, as well as human intervention have reduced the sand avaiable for natual replenishment withn the Broad Beach area. Also, narow, erodg beaches have insufcient sand volume to protect developed coastal areas from the effects of hmricanes and storms. Signifi'cant destuction from flooding, wave attack, and storm suge is more likely as an erodig beach develops a steeper slope and the coastle retreats ilÙand, ever closer to people and propert along the shore. As a resut, net beach loss in the vicini1y of Broad Beach will contiue and likely accelerate without protective intervention. Where an indequate natural supply of sand exits (as at Broad Beach), hard strctues such as seawals, buleads, and revetments can protect upland areas but do nothng to protect the beach. Sand retention strctues such as breakwaters, groins, and artificial reefs can effectively retain sand and reduce erosional losses oTUy when an adequate supply of sand moves tlough the system. However, even where those strctues are effective, the protection occurs at th expene of unrotected, down-drft beaches. Therefore, consideration of any such strctues must occur O!y after appropriate anysis, which may lead to elimination of the proposed strctues, establishment of minium beach width as "tlesholds" tht trigger supplemental nomishment events, or modification of the strctual design to eliminate or reduce adverse shoreline impacts. Additionally, reguatory agency approvals of hard strctues along the coastlne, even if adverse shoreline impacts are absent or mimal, have become increasinly diffclÙt. - 4- EO INCORPOII.ATED Resolution No. 11-38 Page 11 of35 Tr:m(:3S' Properly Ormors Association 8588.GOG.000 Beach Haiard Abatement Cktrid Marth 2011 Additionaly, no device, conventiona or unconventional, creates sand in the surf zone. Any accumulation of sand produced by a strctue alone is at the expense of an adjacent section of the shore. This fact distingshes strctues and other devices from beach nourishment, which addresses the basic problem in coasta erosion - the shortage of sand Consequently, beach nourshment is the Oiùy shore protection alterntive tht diectly addresses the problem of a lack of sand, because it is a process of adding sand from outside the eroding system. The proposed improvements will lltigate the effects of erosion on the beach, and the recently instaled revetment will serve as a barier to landward erosion. Therefore, protection of the beach, dimes, strctues, and infrastrctue ",ill requre nourshment of the beach, and possibly constrcting new dimes, improvin existig dimes, or a combination of the above. Beach nourshment and sculpting wil restore the widt of the beach and provide a protective barer for strctues and propertes, as well as inward stretches of the beach. Due reconstruction will also include the removal of non-native habitat and increase habitat constrction (includig native vegetation). When completed, these improvements will repair existing daage and prevent futue inundation- and erosion-related daage from storm surges, wave ru-up, and overtopping, as described below. A higher and wider beach berm, formed by tlie careful placement of imported beach sad (or nourshment) would reduce wave energy, which would reduce the waves' impact and erosive force. A nourished beach, with sufficient sand volumes and healthy dunes, absorbs storm energy, even durng slow-movig storm, and helps prevent damage to strctues and infastrctue. The grdual slope of a nouiished beach causes storm waves to break farer seaward, as the waves would then form in shallower water. As water ruhes up the beach, energy dissipates. Water ru back down the beach redistrbutes sediment, which is deposited in deeper water and moved along the shore. The deposition of sediments in deepe water often creates an offshore sand bar that causes the waves to break farther offshore, futher weakeni the incomig wave energy, and protecti the dunes and property behid the beach. This gradual and successive weakening of wave energy can signficantly reduce daage from waves, inundation, and erosion. The nourshed beach ber and dunes also provide a "sand reservoir" tht remai landward durng normal conditions and also provides sand dung major storm events, which alows beaches to recover, rebud, and continue to provide protection. The discussion above pertai equaly to propert protected by a seawall or revetment. Shift the breakng wave enery farer offshore and dissipating it on the beach reduces or elimintes th wave energy directed into a protective structue. Without beach nourshment, th beach will continue to erode, which wi alow deeper water to extend more landward, as described above. Ths condition alows larger, more powerf waves closer to dimes and propertes, which cause increased erosion; wave splash, and floodi, increasing wear and tear on, and under, existing shore protection devices, shortening the devices' usefu -5- life. Resolution No. 11-38 Page 12 of35 Tr2n~% PrQPtdy ~:)ìNners Ass¡;ciz¡tion 8583.000.000 March 2011 Br;,¡ad Secich Cf$trid 4.2 FLOODING FROM SEA-LEVEL RISE Sea-level rise, associated with climate chage due to natural and/or anthropogeruc sources, may pose adverse effects to the residents of the Broad Beach area. Coatal zones are particularly vuerable to climate varabilty and change. key concern specifically affecting the Broad Beach area include land loss, chanes in maritime storms and floodi, and responses to sea level rise (EP A, 2009). A discusion of the implications of sea-level rise is presented in Appendix A. The improvements and ongoing maintenace provided by the GHAD wil mitigate the effects of sea-level rise. Beach nourshment projects are designed and engineered to work like natual beaches, allowin sand to shift continuously in response to chain waves and water levels. Beaches have historically adapted to signficant chanes in mean sea level over geologic time, and every replerushment project is designed to include a substantial amount of sacrificial sand. This sacrificial sand is replaced at intervals of time as beaches are "re-nourshed," tycaly every 5 to I 0 years, depending upon the chaacteristics of a parcular beach. The GHAD will provide a finacial reserve for ths ongoing dune maitenace, beach nourshment, and sculpting, and will alow the flexibility necessary to respond to chaging conditions and counteract the effects of increased wave action associated with sea-level rise. Althoug the extent and magnitude of rising sea levels cannot be accurately predicted, curent Californa planng guidance assumes an annual rate of sea-level rise of 0.03 foot per year for the next 40 years (State of Calforna, 2010). Under these conditions, predicted sea-level rise is not expected to overwhelm any parcular replenshment project before its next scheduled inion of sand. In contrast, without any beach nourshment or shore protection, the existig beach foreshore slope could retreat 20 to 30 feet landward by 2050, based on sea-level rise alone. However, even if the rate of sea-level rise is sigruficantly higher thn predicted, feder policy requies the design of a beach replerushment project (e.g., the height, width and length of beach) to account for the chage in water elevation. Although ths may affect the volume of sand needed and the cost to place that sand on the beach over the life of a project, these increased costs are liely insigruficant in compason to the overall benefit provided by the beach. Furer, as described above, beach nourshment projects by their natue allow for long-term adaptation to chan conditions. Furer, beaches independently respond to sea-level rise. Tidal and wave action helps to increase the elevation of the beach that lies above the high-water mark (the benn). The build-up of a the beach to comensate for any beach consumed by the risin oceaIL As the sea level rises, so does the berm, and by the sae amount. However, the shoreline wil move landward uness it is replenished with additiona sad berm, in tu, provides a reservoir of sand at the back of -6- Resolution No. 11-38 Page 13 of 35 Tr3nS3;;: PropfHiy OWnGrS ,b,ssc.dat.on aGaR.GOG.OOO J-+azard 4.3 COASTAL CLIFF EROSION AND INSTABILITY Althoug not adjacent to Santa Monica Bay, the bluf located to the north of Broad Beach may be susceptible to erosion from stormwater ru-off and other overland water flow. Additionally, a Seismic Hazds Map dated Febr 7, 2002, indicates the blufl areas to the nor of Broad Beach are susceptible to seismcally induced landslides. These effects are not considered likely to affect proposed improvements witrun the Distrct. 4.4 SEISMICALLY INDUCED GROUND SHAKIG Potential seismic hazds resultig from a nearby moderate to major earquake can generally be classified as primary and seconda. The primary effect is ground ruptue, also called surface falÙti. The common secondary seismic hads include ground shakg, soil liquefaction lateral spreading, and land subsidence. These hazds are discused in the followig sections. The site is not curently mapped with an Alquist-Priolo Earquae Fault Zone and no known active falÙts cross the site. Therefore, the possibility of prmar ground rupte is considered remote. An earquake of moderate to high magtude generated with the Los Angeles RegioIL similar to those that have occured in the pat, cOlÙd cause considerable ground shaing at the site. Site improvements should be designed by accounting for potential site shaking and ground accelerations. Liquefaction is a phenomenon in which satuated cohesioruess soils are subject to a temporar, but essentialy total, loss of shear strengt because of pore pressure build-up under the reversig cyclic shear stresses associated witll earthquaes. A Seismic Hazrds Map dated Februy 7, 2002, incates the Broad Beach area is withn a zone consdered at risk for liquefaction (Figue l). Site improvements sholÙd be designed by accountig for potential liquefaction effects. 4.5 TSUNAMI Tsuns are long sea waves, generated by displacements asociated with earquakes. These waves can reach great heights when they encounter shalow water. Given the location of the beach and propertes with the Distrct with respect to Santa Monica Bay, tsumis have ile potential to occur in ile Broad Beach area (Figue 2). As shown in the figue, the inundation zone includes the nourshment area. Site improvements should be designed to account for the potential of tsuns. Proposed site improvements affectig the beach sholÙd be approved by the GHAD Manger prior to constrction. -7- EO INCORPOI1AfEO Resolution No. 11-38 Page 14 of35 Tr3nS3S Protmti O;r,mGrs f.sscdaHcn 8588.000.000 8r0ad Hazard ,t..baternent District March 1.011 5.0 GRA RESPONSIBILITIES The GHAD has responsibility for the constrction as well as ongoing monitoring and/or maintenance of the following improvements on the beach: . Beach nourshment and sculpting . Rehabilitation of dunes . Beach drainage improvements 5.1 BEACH .A the beach within the proposed Distrct and immediately adjacent to the existing residential parcels is an amenity tht benefits all of the propert owners withn the proposed Distrct, the fudi of the maintenace of the beach should be shared by al curent and fue propert owners with the GHAD's boundaes. .A provided in Section 26532 and 26533 of the Public Resources Code, the lands included withn the proposed GHAD may be publicly or privately owned, but the boundares of the GHAD canot divide a parceL. The Broad Beach GHAD is chaged with responsibilities tht relate to the prevention, mitigation, abatement, and control of geologic hads, which includes the maintenance of facilities tht enhce geologic and hydrogeologic stability, such as drainage facilities and restored habitats. .A curently planed and as outled above, the drainage facilities to be maitaied by the GHAD include rehabilitation of existing and/or constrction of new beach storm drainae and protection systems. Additionay, the revetment, beach nourshment and habitat restoration are intended to lessen the effects of beach erosion. Proactive maintenance, asessment, repar and the replacement of facility improvements (including beach sculpti) will be the responsibilty of GHAD, subject to the limitations of ths Plan of Control. Ln addition, the GHAD shall have the right to approve any constrction, maintenace or repair with the GHAD boundaies, which the GHAD deters has the potential to impact geologic/geoteclical stability. - 8- Resolution No. 11-38 Page 15 of35 Tr:lnc2j;;: Pronerlv ();rvner$ p,ssc:datí011 8583.000.000 8¡ç,ad Gerfch Hazard M~irth 3=J. 2011 6.0 CRITERIA FOR GHA RESPONSIBILITY In fomiig tle GHAD and establishig the assessment levels and budgets for the Distrct, it is importat to defie clearly the lirrts of the GHAD's responsibilities. The GHAD will accept responsibility for propert as described in Section 7.0 of ths Plan of Control. However, the intent of ths Plan of Control is not to extend the GRA's responsibilities to every potential sitution of intability rather, tle following are exclusons from GHAD responsibility. 6.1 ISOLATED OR REMOTE FEATURE REQUIRING MITIGATION The GHAD shal not have responsibility to monitor, abate, mitigate or control any featue or event that does not involve damage to, or pose a signficant theat to daage, site improvements. 6.2 GEOLOGIC HAZARDS REULTING FROM NEGLIGENCE OF PROPERTY OWNER The GHAD may decline to prevent, mitigate, abate or control geologic hazards which occured or resulted from any negligence of a homeowner and/or a homeowner's contractors, agents or employees in developing, investigating, grading, constructing, maita or perfornig or not performng any work on private propert. 6.3 PROPERTY NOT ACCEPTED The GHAD shal not have responsibility to repar damage which is situated on a pacel of real propert which the GHAD has not accepted in accordance with Section 7.0, below. The GHAD, however, may monitor, abate, I1tigate or control geologc or hydrogeologc hazds on a parcel of real propert which: (I) the GRA has not accepted in accordace with Section 7.0, below, and (2) is not excluded from GHAD responsibility by Sections 6. I and 6.2; provided, however, tht GHAD responsibiity on such parcel shal be lirrted to the extent necessar to address damage or a signficant theat to daage site improvements which are withn a parcel of real propert which the GHAD has accepted in accordace with Section 7.0, below. 6.4 GEOLOGIC HAAR WHICH REQUIRES EXPENDITURE IN AMOUNT EXCEEDING THE VALUE OF THE THREATENED OR DAMAGED IMPROVEMET The GHAD may elect not to prevent, rrtigate, abate or control a geologic hazd where the anticipated expenditue required to be fuded by the GRA to prevent, rrtigate, abate or control the strctue(s) and site improvement(s) theatened with daage or loss. the geologic haard wil exceed the value of -9- Resolution No. 11-38 Page 16 of35 8583.000.000 2011 6.5 GHAD FUNDING OR REIMBURSEMENT FOR DAMAGED OR DESTROYED STRUCTURES OR SITE IMPROVEMENTS The GHAD will not be responsible for reimbursing a propert owner for the expenses necessary to repair or replace a daaged or destroyed stuchie, site improvement, landscaping, includig the revebnent. In the futue, the GHAD Board of Directors, at its discretion, may recommend additiona beach nourshments. These nourshment events may be performed to addess localized or widespread beach erosion, as appropriate. Pnor to the fidig of fuhie beach nourshments, the GHAD Board of Directors wi do the following: 1. Evaluate the effcacy of the previous sand nourlunent, including such quatitative parameters as elapsed time between nourishments, beach width loss rate, and remainig beach width 2. Evaluate new technologies that may provide a more attactive beach protection alteniative from a finacial or teclical standpoin. 3. Evaluate the state-of-the-art and the state-of-the-practice with regard to beach nourishment and other beach protection strategies. 4. Evaluate the permitt, legal, and social, and environmental factors that have evolved since the previous beach nourishent event and determine if any of these factors or combintion thereof may affect anticipated nourshment activities. 6.6 NO REIMBURSEMENT OF EXPENSES INCURRED BY PROPERTY OWNERS The GHA wi not be obligated to reimburse a propert owner for ex-penses incured for the prevention, mitigation abatement, or control of a geologic hazd absent a written agreement between the propert owner and the GHAD to that effect, which agreement has been executed prior to the propert owner incurin said expenses, and following an investigation conducted by the GHAD. - 10- Resolution No. 11-38 Page 17 of35 Tr3n~:% Prop~rly Owners ,b,,";oÔatíol1 G588.DOD.OOO 8'03 J 80e ch March 2011 7.0 ACCEPTANCE 7.1 ACTIVATION OF ASSESSMENT An anua assessment shal be promptly authoried on all parcels in the GHAD. The assessment sha be levied by the GHAD on each individua parcel beginnng the first fiscal year following fonnation of the GHAD and the autorization of the assessment. 7.2 RESPONSIBILITY FOR GHAD ACTIVITIES The GHAD shal not have the responsibility to perform the outlined activities until I) the GHAD has been fonned, 2) the assessment ha been activated as outlned in the previous section, and 3) the GHAD has accepted maitenance responsibilities for the project improvements. The GHAD shal accept responsibilty when the project improvements have been completed in accordance with improvement. plan and all permt requiement have been satisfied. This hin-over date may be extended at the sole discretion of the GHAD Board of Directors provided tht the assessments shall contiue to be levied durg the extension period and that notice of such extension is delivered to the GHA Manger at least 30 days prior to the rum-over date. likely seek a lending source to provide the necessar funding. .A a result, much of the collected assessment will be used to service the resultig debt. The remaining portion of the collected assessment wil be used Given the capita expenditues necessar for constrction, the GHAD wil to fud ongoing maienance activities as well as a cumulative reserve for fue large-scale expenditures. 7.3 PROCESS FOR TRAi'lSFERRIG RESPONSIBILITY FOR GHADACTIVITIES The process for transferrng responsibility for performing GHAD activities shal be as follows: (A) "''hen it is believed by the TPOA Board that the project improvement have been completed and permt condition have been satisfied, the TPOA may apply to the GHAD by submitt a Tranfer Application to the GHAD Manager to tranfer the responsbilty for perfomin GHAD activities to the Distrct. The TPOA sh be responsible for providing all necessary documentation to the GHAD to make ths detennintiori (B) Withn 30 days of receiving such notice from the TPOA, the GHAD shall conf that the project improvements have been completed in accordace with improvement plans and al permt requiements have been satisfied. The GHAD canot accept the responibility for the project improvements until these criteria have been met. -ii- Resolution No. 11-38 Page 18 of35 Tnmc~% Prùp~rtf Dwncr$ /\ssv(Ìatíon OSS3.GOG.aoo March 3D. 8.0 BROAD BEACH l\IANAGEMENT PLAN The GHAD shall be responsible for the maintenance of beach stabilization and hydrogeologic featues in common beach areas. The GHA's maitenace responsibilities include prevention, abatement, vegetation control, and control of erosion hards withn the project area, as provided in Sections 4, 5 and 6. Gener maintenance of draiage improvements in the common beach area will be the GHAD's responsibility. Additionally, the GHAD will have the followig maintenace responsibilities as outned above: . Inspection of the revetment strctue. . Inspection and maintenance of the restored dunes. · Monitoring of accumated erosion and beach recession. - 12- Resolution No. 11-38 Page 19 of35 Broad U$lìiCTr3nG3S PWpi.1rt¡ ¿':);rmers /~..ss¡;d;:t¡on 8588.GOD.OOO Morçh 201 ì 9.0 PRIORITY OF GHA EXPENDITlJRES Emergency response and scheduled repair expenditues by the GHAD are to be prioritied by the GRA Manger, utilizing its discretion, based upon avaiable fuds and the approved operatig budget. If available funds are not suffcient to underte all of the identified remedial and preventive stabilization measures, the expenditues are to be prioritied as follows in descendig order of priority (A) Prevention, mitigation, abatement or control of geologic hazards that have either damaged or pose a signficant theat of damage to residences, critical underground utilities or paved streets. (B) Prevention, mitigation, abatement or control of geologic hazds which have either damaged or pose a signficant theat of damage to ancillar stnictues. (C) Prevention, mitigation, abatement or control of geologic hazds which have either damaged or pose a signficant theat of damage to beach amernties. (D) Prevention, mitigation, abatement or control of geologic hazards which have either damaged or pose a significant theat of damage limted to loss of dune vegetation or other similar non-essential amernties. (E) Prevention, mitigation, abatement or control of geologic haards existing entirely on to any site improvements. . beach propert an which have neither damaged nor pose a sigrnficant theat of damage .A permitted by Califoniia Public Resources Code Sections 26591 and 26593, in perform its dutes as descrbed above, the GHAD may seek financial assistance from public and private entities including, but not lited to, FEMA, City and Coun agencies, insurance compaes, etc. - 13- Resolution No. 11-38 Page 20 of35 8583.000.000 Tr3n~3S PrODerr.; O';":nGr$ Assodahcn Gf03d Gei¡cli Hazard At3ternect Chtrkl 10.0 MAINTENANCE MTI MONITORIG SCHEDULE GHAD-rnaintaned facilities shOlùd be inspected by GHAD Manager or its consultats as presented below. The GHAD Manger sha be a licensed Geoteclical Engineer in the State of Californa. The anual budget should be calculated so tht inspections wil be scheduled to occur two ties per year (or as outned below) and as necessar after heavy storn events, defied as greater than a 5-year storn. The reguar inspections should be scheduled to take place in October, prior to the beginnng of the rnstoric ''rainy season" or "storn season". The second inpection should occur in March or April, toward the end of the rainy season or storn season. The ti, frequency and. other details regardig such maintenace, inspection and similar activities will be set forth in a beach management plan prepared by the GHAD Manger. The GHAD shall obtain copies of erosion and wave studies, geologic assessments, and geoteclical reports related to beach rehabilitation and site improvements and keep these reports on fié in the records of the GHAD. In addition, copies of any earwork and/or constrction-related testing and observation repors tht will be finalized at the completion of the improvements, when as-buit drawings are available, shall be maintaned as pa of the GHA records. Following are guidelines for a monitorin plan. The actual scope and frequency of monitorig events shall be at the discretion of the GHAD Manager. . The GHAD Manager or its consultants are responsible for inspecting the beach, sand dunes, and revetment struchie on a reguar schedule. The inspector should check for any defonnations, includi evidence of vegetation distress, erosion, or compromise of the integrty of the improvements. Repairs and maintenance should be perforned on a regular schedule. . The bluff facing shOlùd also be checked for erosion, sloughng, or other evidence of geologic instarnlity. - 14- EO "ICORPOI/ArED Resolution No. 11-38 Page 21 of35 8583.00n.ooo Hanrd ~Aarcf¡ 201 SELECTED REFERENCES IPCC, Climate Chane 2007: Impacts, Adaptation and Vulnerability. Contrbution of W DIkig Group II to the Four Assessment Report of the Intergovenunental Panel on Climate Chane (Par, Mar L., Canan, Osvaldo F., Palutikot; Jean P., van der Linden, Paul J., and Hanon, Clair E. (eds.)). Cambridge University Press, Cambridge, UK, 2007. Moffatt and Nichol, Broad Beach Restoration Project, Phase 1 Report (Draft), Job No. 6935-01, AprIl20lO. Patsch, K., and Griggs, G., Development of Sand Budgets For Californa's Major Littoral Cells: Eureka, Santa Cru Soutern Monterey Bay, Santa Barbara, Sana Moiuca (Includig Zura), San Pedro, Laga, Oceanside, Mission Bay, And Silver Strand Littoral Cells, Intitute Of Of Marne Sciences, University Of Californa, Santa Cru Californa Deparent Boatig And Waterways, California Coastal Sediment Manement Workgroup, 2007. State of Calforna Deparent of Mines and Geology, Seismic Hazd Zones, Point Duie Quadrangle, 2002. State of Calforna, Tsuni Immdation Map for Emergency Plarng, Point Dure Quadranle, March 1,2009. State Of Calforna, Sea-Level Rise Interim Guidance Document, Sea-Level Rise Task Force of the Coast and Ocean Working Group of the CalfoniIa Climate Action Team, October 2010. United States Environmental Protection Agency (USEPA), Commentaiy on Coasta Zones and Sea Level Rise, USEPA website (","V¡w.epa.gov), 2009. Resolution No. 11-38 Page 22 of35 FIGURES Exhibit A: Blo:ul 1!eIICIt GliAi) -l.(~gal Description Exhibit B: Site Plan .iid GliAl) BOlindl1n' Figure i: Sdsinìc n..zard 7..ones Figure 2; Tsiiiiand Imuidatiofl l\.ip F I G U R E S Resolution No.1 1-38 Page 23 of35 EXHIBIT "A" LEGAL DESCRIPTION IN THE COUNTY OF LOS ANGELES. STATE OF CALIFORNIA. BEING THATPQTION OF THE RANCHO TOPANGA MALIBU SEOUIT, AS CONFIRMED TO MATTHEW KELLER BY PATENT, RECORDED IN BOK 1, PAGE 407 ET SEQ. OF PATENTS, lNTHE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLONS: BEGINNING AT THE lNTERSECTION OF THE NORTHERLY PROLONGATION OF THE EASTERLY TRACT LINE OF TRACT NO 12314, RECORDED IN BOK 231, PAGES 23 AND 24. OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDERWITH THE SOUTHERLY liNE OF THAT 6O-FOOT STRIP OF LAND DEEDED TO SAID COUNTY OF LOS ANGELES, BY DEEDS RECORDED IN BOK 21735, PI\.GE 135 AND IN BOK 21722, PAGE 190 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER: THENCE WESTERLY ALONG SAID SOUTHERLY LINE PARALLEL WiTH THE CENTERLINE OF BROAD SEAcH ROAD THE FOLLONING 4 COURSES: NORîH 55'1 Q'3(" YvST 6S312 FES TO THE BEGINNiNG OF A CuRVE î ANGENT WITH SAID LiNi;, CONCAVE SOUTHERLY, AND HAVING A RADIUS OF 1960.00 FEET; 2 WESTERLY 290.86 FEET ALONG SAID CURVE THROIJH A CENTRAL ANGLE OF 08"25'OiY' TO THE BEGINNING OF A LINE TANGENT WITH SAID CURVE; 3 NORT 63"35'3(" WEST 530.42 FEET: 4. NORTH 64"54'00 WEST 62520 FEET TO THE ImERSECTjON OF THE NORTHERLY PROLONGATION OF THE WESTERLY TRACT L1~JE OF SAID TRACT NO. 12314 WllH THE SOUTHERLY LINE OF SAID 6O-FOOT STRIP OF LAND; THENCE ALONG SAID SOUTHERLY liNE NORTH 64"54'00" WEST 1 07.00 FEET TO THE NORTHEASTER!. Y CORNER OF TRACT NO. 12909. RECORDED iN BOK 263, PAGES 37 AND 38. OF MAPS, !~-J THE OFFICE OF SAID CONTY RECORDER; THENCE: ALONG THE NORTHERLY LINES OF SAID TRACT NO. 12';109 THE FOLlON!NG 5 COURSES: NORTH 13454'00" WEST 307,62 FES TOTHE BEGINNING OF A CURVE TANGENT WITH SAIO UNE, cm.CAVE SOUTHERLY, AND HAVING A RADiUS OF 1974.15 FEET; 2 WESTERLY ALONG SAID CURVE 199.27 FEET THROUGH A CENTRAL ANGLE OF 05'47'00" TO THE BEGINNING OF A LINE TANGENT WITH SAID CURVE; 3. NORTH 70"41'01)" WEST 6n 67 FEET TO THE BEGINNING OF A CURVE TANGENT WITH SAID LINE, CONCAVE SOUTHilVESTERL Y. AND HAVING A RADIUS OF 2980.00 FEET: 4 WESTERLY ALONG SAID CURVE 615.90 FEET THROUGH A CENTRAL A~IGLE OF 11'50'30" TO THE BEGINNING OF A LINE TANGENT WITH SAID CURVE: 5. NORTH 82'31'30 WEST 615.67 FEET TO THE NORTHEASTERLY CORNER OF TRACT NO. 31986, RECORDED IN BOK 1081 PAGES 78 AND 79 OF MAPS. IN THE OFFiCE OF SAID COUNTY RECORDER:' . THENCE ALONG THE NORHERLY LINES OF SAID TRACT NO. 3H8G: NORTH 82'31'3C" WEST 11884 FEET TO THE NORTHWESTERLY CORNER OF SAID TRACT NO 31986; THENCE ALONG SAID SOUTHERLY LINE NORTH 82'31'30" WEST 105.00 FES TO THE NORTHEASTERLY CORNER OF TRACT NO. 320, RECORDED iN BOK 1081, PAGES 2B N~D 29, OF MAPS, IN THE OFFICE OF S,I\ID COUNTY RECORDER; THENCE ALONG THE NORTHERLY LINES OF SAID TRACT NO. 32003 NORTH 82'31'30" WEST 300.02 FEET TO THE NORTHEASTERLY CORNËR OF TRACT NO. 25166, RECORDED IN BOK 695, PAGES 29 THROUGH 31. OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER: THENCE ALONG THE EASTERLY LINE OF SAID TRACT NO 25166 SOUTH 07'28'30" WEST 65.06 FEETTO THE NORTHEASTERLY CORNER OF LOT 16 OF SAID TRACT NO. 25166: THENCE ALONG THE NORTHERLY l.NES OF SAID LOT 16 THE FOLLCW1NG 2 COURSES 1 NORTH 64'58'01" \'ÆST 131,25 FES: 2 SOUTH 76'12'50" WEST 31,00 FEET TO THE EASTERL Y END OF THE CENTERLINE OF VICTORIA POINT ROAD (A PRIVATE ROAD; PER SAID TRACT NO. 25166; THENCE ALONG SAID VICTORIA POINT ROAD CENTERLINE THE FOLLCWING 5 COURSES NORTrl17'26'OO"WEST 11.00 FEET, 2 SOUTH 72"34'00" WEST 105.92 FEET TO THE BEGINNING OF A CURVE TANGEi'.. WITH SAiD LINE, CONCAVE SOUTHEASTERLY. AND HAVING A RADIUS OF '1000.00 FEET: 3 SOUTHVVESTERL Y ALONG SAID CURVE 134.68 FEET THROUGH A CENTRAL Ai'iLE OF 07"43'00" TO 'HE: 6ËGiNN!NG öFA LlNË TANGENT WITH SAiO CURVE; .: SOUTH 64'"51'00" WEST 58.42 FEET TO THE BEGINNING OF A CURVE TANGENT 1¡\iITH SAID LINE. CONCAVE NGRTKNESTERLY. AND HAViNG A RADIUS OF Hiú.OO FEET Resolution No. 11-38 Page 24 of35 " SOUThVlESTERL Y ALONG SAID CURVE 51.65 FEET THROUGH A CENTRAL f\'lGLE OF 29"35'30" TOTHE MOST NORihVV"ESTERLY CORNER OF lOT ï OF SAID TRACT NO 25166: THENCE ALONG THE WESTERLY LINES OF S/I,ID l.OT ï THE FOlLOvING 3 CouRSES: 1. SOUTH O~'26'30' WEST 110.00 FEET; 2 SOUTH 55'26'55" WEST 59.24 FEET; 3. SOUTH 32"46'52" EAST 15.00 FEET TO THE MOST WESTERLY CORNER OF LOT 6 OF SAID TRACT NO 25166, THENCE ALONG THE SOUTl-lVVESTERL Y UNES OF SAID LOT 6 THE FOLLG'WING 3 COURSES 1 SOUTH 32"46'52" EAST 12.00 FEET: 2 NORTH 5TT3'08" EAST 16.36 FEET; 3. SOUTH 40'2(110" EAST TO THE MEAN HIGH nDE LINE CF THE PACIFIC OCENJ: THENCE NORTHERLY, NORTHEASTERLY, AND EASTERL Y ALOt~G THE MEAN HiGH TIDE UNE OF THE PACIFIC OCEAN AND ALONG THE SOUTHERLY liNES OF THE LAND DESCRIBED IN THE FOLLO"VING TRACTS AND DEEDS: 1. SAID TRACT NO 2 SAID TRACT NO. 3. SAID TRACT NO. 4 SAID TRACT NO. 25166; 32003: 31986; 12909 5. GRANT DEED 00-0044320 RECORDED APRIL 28. 200 IN THE OFFICE OF SAiD COUIW RECORDER, 6 GRt,,"I DEED 04-00469ï3 RECORDED MARCH 18, 2004 ir~ THE OFFiCE OF SAID COUNTY RECO¡,DEH; 7, SAID TRACT NO. 12314: il GRANT DEED Tu072854217 RECORDED DECEMBER 28, 200ï IN THE OFFICE OF SAID COUNTY RECORDER; 9. GRANT DEED 9'3-1557431 RECORDED SEPTEMBER 23,1996 iN THE OFFCE OF SAID COUNTY RECORDER; 10 GRANT DEED 3411 RECORDED AP'RIL 03.1967 IN THE OFfiCE OF SAID COUNTY RECORDER; 11 GRANT DEED 2080278549 RECORDED FEBRUARY 02, 2008 IN THE OFFICE OF SAm COU~ITY RECORDER; 12 GRANT DEED 3527 RECORDED DECEMBER 30. 1958 IN THE OFFICE OF SAID COUNTY RECORDER, 13 GRANT DEED 00.1153695 RECORDED MfW n, 2005 IN THE OFFICE OF SAID COUNTY RECORDER; IN THE OFFICE OF SAID COUNTY RECORDER; 15. GRANT DEED 2091411424 RECORDED SEPTEMBER 16, 2009 IN THE OFFICE OF SAID COUNTY RECORDER; 16 GRANT DEED 99-2390992 RECORDED DECEMBER 29. 199 IN THE OFFICE OF SAID COUN1Y 14. GRANT DEED 200803475 RECORDED MAY 28, 2008 RECORDER TO THE EASTERLY LINE OF THE LAND DESCRIBED I~J SAID GRANT DEED 99.2390992: THENCE ALONG SAID EAST ERL Y LINE OF THE LAND DESCRIBED IN SAID GRANT DEED 99-2390992 NORTH 3a37'0" EAsT To A NONT ANGENT CURVE CONCAVE NCRTHE:ASTERLY, AND HAviNG A RADIUS OF 10.050.00 FEET. SAID CURVE ALSO BEING THE SOUTHERLY LINE OF THE 100 FOOT WiDE STRIP OF LAND (PACIFIC cOAST HIGhWAY) CONVEYED TO THE STATE OF CALIFORNiA 8'1 THE DEED RECORDED IN BOK 2OT16 PAGE 385, OF OFFICIAL RECORDS; THENCE WESTERLY ALONG SAID SOUTHERLY LINE OF THE 100 FOOT WIDE STRIP OF LAND THE FOLLOWING 2 COURSES: 1 NORTHWESTERLY AtONG SAID CURVE 208.29 FEET THROUGH A CENTRAL ANGL.E OF 01 "l1'Hi"; 2, NORTH 48'39'15' WEST 228. ïì FEET TO THE INTERSECTION OF THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF THE LAND DESCRIBED IN SAID GRANT DEED 3411 WITH THE: SAID SOUTHERLY LINE OF THE 100 FOOT WIDE STRIP OF LAND, THENCE ALOI\'G SAID NORTHERLY PROLONGATION OF THE EASTERLY LINE OF THE LAND DESCRIBED IN SAID GRANT DEED 3411 SOUTH 34"49'30" EAST 10.07 FEET TO THE NORTHEASTERLY CORNER OF THE LAND CESCHIBED IN SAID GRANT DEED 3411: THENCE ALONG THE NORTHERLY LINE OF THE lÁJD DESCRIBED IN SAID GRANT DEED 3411 NORTH 48'39"15' WEST TO THE NornHV'JESrERLY CORNER OF THE LAND DEscr~18ED IN 51'.10 GHANl OEGO 3411: THENCE ALONG ,HE WESTERLY liNE OF THE LAND DESCRIBED IN SAID GRANT DEED 3411 SOUTH 34"49'30" WEST 32.91 FEET TO THE SAID soun'¡ERL Y LINE OF THE 60-FOOT STRIP OF LAND P¡'RALLEL WITH OReAD BEACH ROAD, THENCE ALONG THE SAID SOUTHERLY LINE OF THE 60-FOOT STRIP OF LAND PARALLEL WITH THE CENTERUNE OF BROAD BEACH ROAD NORTH ;;5"10'30" VVEST 121.95 FEET TO THE POINT OF BEGINNING ~.~ "- . Resolution No. 11-38 Page 25 of 35 AS SHOVV'N ON THE AlTACHED EXHI8lT "8" AND BY THIS RE¡;ERENCE MADE A PART HEREOF SUBJECT TO ALL COVENANTS, RIGHTS, RIGHS.Of-WAY, AND EASEMENTS Of RECORD. IF ANY. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION. IN CONFORMANCE WITH THE PROFESSION,'I LAND SURVEYORS ACT FINAL ELECTRONIC COPY 3/15/11 RICHARD c. MAHER PLS 7564 DATE THIS DOUMENT IS PRELIMINARY Ut,LESS SIGNED KDM MERIDIAN, INC. (949) ïl3-0ï31 - 3. Resolution No. 11-38 Page 26 of35 EXHIBIT 03/14/'1 nB" SHEET 1 or 7 PLOT TO ACCOMPANY LEGAL DESCRIPTION 1/\ ,~ OCtA/\ RECORD INFORMTION ";.:;' ~'.:rNTf.itu;,;rs. f~;G¡'n"5.-,e;"".Wt~'t", 1"0;:) r-~¡~(Pf.R1Y ~ ;\f.'i SHG\V!-i Hf"~',;GN ,-J~E s...SU) (iN "(hi ~"GU GW~NG Rf G;jf.n MP".S i',r:: r.,LCD ~~J '~'H': cr~ ,Cr Dr. -¡Hf: LOS. ANceLEs C:)j~'~'y f;::t(;GT\~H'3: ¡:u~c ¡ NO. ': ï.Y:.~, 'R..\CT NO. 123CJ T\tCi NO :~~'fJH6 'Hi.,;: r NO. 1;:OC': ¡~'\"'cr NO. 2!j1GG i.~i~(;e¡~:;. OF SuR\.f": ':!O;)K: ;;.~2 !+?GK 2f¡:~ GDC;;' 108.: !~~OC)K ; u:~ ~ P.:"U::i ?J .2.: f;iDl)K !;9!j ",;:,,'8 19 _.~, C,CDk "/5 f'-';"v2~~ '1D '.1", Pl~GES A;t .. M~ ¡""/~GL S' ll'; .i',";" ¡: ,\, 1 ~G9ß ~'J"'. 1 '2(;0.. ¡-~;~GfS 57 'S3 r'P,:CC& ?A.- 7:) ¡;:"~\GrS 28 .29 ",.; ~-:'~~ :),'~- :f?C'.¡i.Cf¡ AS XX "XXx;.;.xx :iQ¡;:;¡\ i~'. f?~.CCf~nu; ;NsrR,UMr:,"~ ¡ !'UM'3ER' tN ,-i~' Ll"¡S A~¡GEJ. :::$ CG¡;Ni'( Rl:(;CRY'._HS GH:~t:t. UNE TABLE CURVE TABLE LEGEND p .o,:~ ;;(.lN i or- r~f(p..Ni\:C: :.:F''\¡¡¡:,3;Y'~,;.:: F¡-~¡:P"A:(;) ~-rv ANA ElEORONIC COPY 3/15/11 i;:C¡':;':'¡~D C, \!A' F.¡( H.5 /~)fì,~ ';,' ._. !-'-'\S f.")OC.!!;CN-! is i:~;?F..~\f¡--.?~.~'( U~¡j-.:_:~~;' :;\. í) KDM MERIDIAN. INC. (949)768-0731 Resolution No. 11-38 Page 27 of 35 EXHIBIT 03/14/11 "B " SHEET 2 OF 7 PlAT TO ACCOMPANY LEGAL DESCRIPTION SEE SHEET 3 .~§ -~ t" t::z ~~ (;.: ~¡¡ ¡E,. 6' g~ š~ ",0 li .;:~ tii 4l) '.;' ,8.. '"~') ) /; m..~ÇA. ~~~ ~;¿f f ON RD "-~:r /'o2) ;0", Eè en¡ ! ;s "It(/; f :: 1;,)' ¡,/ 2§i !E.~ .." ~o !/ i i" "',~c¡; 3::);-.-. / Da'l: D'::~,'L' D¿--tD .' , ",,',, ì, ;" / / KDM MERIDIAN, INC. -so ~i,; (949)768-0731 ;;;u Resolution No. 11-38 Page 28 of35 EXHIBIT 03/14/11 "a " SHEET 3 or 7 PLAT TO ACCOMPANY LEGAL DESCRIPTION SEt SH 4 '-:~' r f / ; r i ill ,/ ;I fO' .. èJ'j ,V),iiæ ., ::.:; ¡ 1) ;'~12 "0 ~! I ~"zo/ -.") .'''' !r "i t~ A;r 'J' j~1 ; ~'6 ",'" i;'" i I g,~ gft o ~l I ~o "''' .¡:jJ C) ~.. i-l -9 ~~ I I i,,:':: ~::::..m. .S(/!.E: i "::: r r ; SEE SHEET 2 KDM MERIDIAN, II~C. (949)768-0731 Resolution No. 11-38 Page 29 of35 EXHlalT 0.3/14/î i "a" SHEET 5 OF 1 PLAT TO ACCOMPANY LEGAL DESCRIPTION SEE SHEET 6 \ co 0' L,-:¡',;/ ç \ -'\!, " (:(;.:~~9~0 L)t..~.';¡ t,:: ,. ~, '1;:£0 A;m. ~ S:?J0 ": ~j \ ¡-,:1:¡:"~; 09,..y:,.75:;~~" :.i(J..'.)-::~:'B'3f. ~¡; ~, ,., \~, :;: l~ ~. ,~,) zci ~~ ~8 "'r ~ ,) if . " '01 ~:iç: ~"" ~Õ ~J; ~'" ",C """, t..._. a'" ~.2 ~\ (t. ~-r i :?:i gi~ ~~ ~~ "'.. ;:~ !~,J -"" 'g .t ~;' ,,) ii, .IA ¡ 'vm " "" ,.' _';,:;;l.., "(:,\(/'-:;" ~ ;..r; i.;" ¡; í SEE SHEET 4 ¡(OM MERIDIAN. INC. S-CAi.L' ~" (949)768-0731 r/:/:' Resolution No. 11-38 Page 30 of35 EXHIBIT 03/14/11 "B " SHEET 6 OF 7 PLAT TO ACCOMPANY LEGAL DESCRIPTION SEE SHEET 7 \ ~ ~i\ \ ~\~, \ ~.'." .\ -'," ã~ .~~ ,~.~ ' ~~ g;: : ia \ ~g ,,'" ~~.\'ß. Ul'~ 6~ (1(n :: ~~ :: v ';i,,\ , ',;-\ '¡p ~ ~~ "'z ~ ~'i ".. \ -" -"0. ~ .: \ \ if ~_".,.".,.r.r t."t ~; ~, \ .....",,'-,. \ ~~rc': SEE. SHEET 5 KDM MERIDIAN, INC. \ '..\'ì~ 'WYJE: ;; jlUO" (949)768,-0731 Resolution No. 11-38 Page 31 of35 EXHIBIT 0.3/14/11 ''8 " SHEET 7 OF 7 PLAT TO ACCOMPANY LEGAL DESCRIPTION / // / // /' ....- . / ,ci /\,,~ \ 0 d v'*.5 47 æi 10 \ (~; ~ '.,'" .~~ ~~ ~~ -;'f.,-, 0U' (:'\ (;:\ '-.J \\' ; \'~ !~ \ ;~.J ",ç \.\ "," ~1D'i ~ ~~%; ~~~ "t :.~; i;~ t) . ";;. I~ ". ~. :~ ~i ~~~ '~:r . ~~ oë\ ("'I ~ W~ "' e; ~c .(z c'; . t;i- b.l ~¡g cÆ ,.z :io ..z :"~ L~ i~ .e '..c 'fAit: c' .~O(i' KDM MERiDiAN. INC. 5£E SHEET 6 (9r.9)168-0131 Resolution No. 11-38 Page 32 of35 ~ l ç; " ~ ~ ~ 'i g " " ~ ~ N ~ ~ ~ ~ 6 ~~ , T. ~ " ~ ,~, EXPLANATJON l~ ~ ~ t ~ £ ; o o ,\RI,A.'i WHERE HISTORIC (KCURRliNCE OF UQVEFl\(TION, OR LOCAL GEOLOmC AI., GEOTlTHNlCM, ,INIl GROlIND\IWmR CONDITIONS INDltxm A 1~:nilNlJAl. FOR I'ERM,\NEN1'G1WUNJ) DlSI'L\CEMENTS SIJCH llH'l M1TIO¡\TION AS I)EFlNi)) IN PIH.lI.1C RESOURCES CODE SIX:TIO'N 2m,.," \vOUU) HE REQUIRED EARllIQlJAKE.INDl1CED LANDSUDES J-ul II)XI MIJIT'At I.QUEFACTION 5CO '. . .. UKA!. TOI'OGRM'IUC. (WOLOGlCAI'. GEun:CI'INIC.'. AND S\.IlSURFACH O AREAS WlmRlr PRE \'OUs 1x.:niRJ(,NCE OF l.A'NUSl.lIl, MOVEMENT, OR "'¡\11SR CO'NllrrONS INlJI~\"J, A l'flTENTI¡\, FOR I'ERMANENT GROUNll llL'iI'I.ACEMENTS sUCH THxr MrllGATION .,IS DEFINElllN 1~!Il.1C RESOIJRCES CODE SITllON 2(m(e, WOIJU) BE RHQlJIRED g OEPARTMeNT or CONSfRVAT!ON~ CAUFORNlA G£Oi,Q(,iC4l. SURVEr. 2rJ02 SEISMJC HAZARD ZONE MAP 1'00EcOO., s588.0():i.)CÚ AGUJUiI'O -Exct Excellen ..' " _r", .,." ,:,,~~'.~~ );":.ì",:;:;~";",':,~ ';'-?,:;,'!-;-;',',;J::'-' BROAD HblCI I GIIAD sc, AS SHOWN M¡\.lH.IU.1 ;ALIYORNIII OAWNlI: OW annOGY: m '-"'.c:. :;~; ~,,:,.:~ ":;:: :.::;:(:. ~" :..~ :. i c:~:ç:i,..1. nt;u~. .F~':¡Ju;i ,;¡ (..çt~l' Resolution No. 11-38 Page 33 of35 ~ " ~ :'X. " 1 ~ " t ~ ~ ~'" :: ~ Ii .5 " " " " ~ ~ .ÉXPLt\~.Ii ON ~~~~~~ ~ TSUNAMIINUNDATJON LINE ¿¡ g A N ." 'i~ oj "' ,o,. " o ü TSUNAMI UmNDATION AREA lÜoo feEI' MErEl.\ 51j) Ii ~~ f:MEJ?G£NC'f M..1,/ù'.GEMElH 4GfNCY. ccs. use TSUNAMI INUNDATION BROAD IlEAcii GIl,~D -t;xpct t;xcelence- MAUnu, CAUHiRN1A .~. : ,',,~-.,::.-.; . ,)"3" ,. .:."i;;i- ,',",'r-'i -.';~.a :;¡-.!".,/.t" .~~"~~:,,,:-:::;(:..'...;,,~ ,~~" l'lETNO., 8513.(Xi:.WO SC AS SHOWN Du~"'&v, DLS OIwav, Tg FIURE NO 2 (;il.t~l""'l f-1!.V~r i¡"':~-ll(j. ." ~~;.)~.;i¡; Resolution No. 11-38 Page 34 of 35 APPENDIX A Sen-14nd Rise Commentary A Resolution No. 11-38 Page 35 of35 SEA-U:vi:L RISE COMMENTARY High.:r t.:mpcratur.:s ar.: exp,~t.:d t() fiitth.:r rais.: s.:a Icv.:) by expanding ocean w:itcr, melting moiintain glaciers and small iL~ eaps, and clIusing portions of Grecnland and the Antarctic ic.: sheds to melt (EPA. 2009), '111': hit':ll,itioiiaIPmid on Climate Chang.: OPCC) esiiiiates Uiai (he global avenige sea kvcl will ris.: between 0.6 and 2 feet in the n.:xt century (IPCe, 2007). '111e ningc reflects unc\l!iainty i1boti global temp':lature pr~jectioiis ",id how rapidly ice sheets will ineli or slide iiiio the OCCim in respoiise 10 the \wmner lemperatun:s. Furtbennore, some processes affecting sea level have long (centuries mid longer) iime.scules, so thut cum:nt sea level chmige is also rdated to pasl dimaie di:mge, and sOlle rele\"al1 processes arc not deteiinîned soldy by climate. Climate models. satellte data and hydrographic ohsen'ations demonslrat.: thaI sea level is not rising 1Iiîfoiiiily around the world eEpA, 2009). Depending 011 the region. sea le\'d has risen sev\lml times the global ni.:an rise or has actually Hillen (ll'eC, 20(7). Sea.level r¡,e also increases ihe vulnerability of CO,15131 areas to Hooding during 5tomis for se\'.:nil re(LSons. First, w:ive :iction builds on top of:i higher base ofwater. Considering only ihis circe\. a Report to Congress hy FEM:\ (1991) estimatcd thaI existing devdopment ill ilie U,iited State, Coastal Zone would expericriL.: a 36 to 58 percent increase in mlnunl tliinmgcs for :i i .foo! rise in seii kvcL and a 102 to 200 perwiit incrcilsc for ¡L 3-fìiol rise, Shore erosion also increases vulnerability to stomis, by removing the beaches :ind dunes thai would oihenvisc prolcet i,oastal propeity Jrom stoiiii waves (FI':MA 2000). Se:i-lcvcl rise also increases eo:ist:il l100ding Ir011 rainstol1is, !rcause low :ireas dniin more slowly ¡is sea lewl rises (EI' A, 2009). 01h~r impacts of Clîtlat.: ehünge may ttii1hel' .:nh:llce or mitigüte coastal floodîiig. Floöd¡ng ¡i'om raiiistonl1S may become worse if higher tcmperatures lead to ¡liercasÎiig m¡nl~lll intensity during seyere storms (EPA. 2009). PETITION FOR FORMTION OF THE BROAD BREACH GEOLOGIC HAAR ABATEMENT DISTRICT PURUANT TO THE PUBLIC RESOURCES CODE OF THE STATE OF CALIFORNIA DIVISION 17 (commencing with Section 26500) OF the Malibu City Council TO: The Clerk of The widersigned owners of real propert witlu the proposed bowidares of the terrtory to be including in the Broad Beach Geologic Hazard Abatement Distrct ("GHAD") request that the City Council of the City of Malibu initiate proceedings to form the GHA pursuant to the provisions of Division 17 ofthe Public Resources Code sections 26500 et seq. (a) Ths petition is made pursuant to Division 17 of the Public Resources Code with paricular reference to Aricle 3 (commencing with Section 26550) and Aricle 4 (commencing with Section 26561). (b) . Opposite the signatue of each petitioner is an indication of the lot, tract and map number or other legal description suffcient to identify the signatue of the petitioners as owners ofland withi the terrtory proposed to be included within the GRA. the date on wmch said (c) Opposite the signatue of each petitioner is an indication of petitioner's signatue was affxed to tms petition. reference (d) The. followig documents are attached to ths petition and are incorporated by this as if set fort in full: 1. A map of the bowidares of the terrtory proposed to be included within the GHAD (Exhibit A); 2. A legal descrption of the bowidares of the terrtory proposed to be included witlu the GHA (Exhibit B); and 3. The proposed Broad Beach GRA Plan of Control prepared by an engineering geologist certified pursuant to Section 7822 ofthe California Business and ATTACHMENT B Professions Code, which describes in detai geologic hazards, their location and the area affected thereby, and a plan for their prevention, nntigation, abatement and control æxhbit C). (SIGNATUS BEGIN ON THE FOLLOWIG PAGE) ORIGINAL . MEMBERS AND AFFECTED PROPERTIES 6525 Point Lechuz Drive LLC 6525 Point Lechuza (APN 4470~017~O28) By: Michael Lafetr~ Its: ManalZInIZ Member Victoria Point Holdigs, LLC 31536 Victoria Point (APN 4470-017-029) By: Sean Conlon Its: ManalÚni: Director the Sweeney Family Ronad E. & Patricia A. Sweeney, as Trutees of Trust 31532 Victoria Point (APN 4470~Oí7-030) Ronald E. Sweeey, Trustee Patricia A. Sweeney, Trustee CO~ Gay Wilso Pt(j~ '. 6/31/11 . .. . Alan P. Mark and Charlene J. Mark, as Trutees öfthe Mark 'Family Trust 31528 Victoria Point (APN 4470-017-031) 31520 Victoria Point (APN 4470-017-032) Alan P. Mark, Trustee Charlene J., Trustee Chad McQueen, Trutee of the Chad McQueen Trust 31516 Victoria Point (APN 4470-017~O33) Chad McQueen Trustee 31508 Victoria Point LLC .31508 Victoria Point (APN 4470-017-034) By: Name: Its: 31508 Victoria Poiht LLC 31506 Victoria Point (APN 4470-017-035) By: . Name: Its: .. . PETITION FOR FORMTION OF THE BROAD BEACH GEOLOGIC HAZARD ABATEMENT DISlRCT PURUANT TO DIVISION 17 (commencing with Section 26500) OF THE PUBLIC 777908vl RESOURCES CODE OF THE STATE OF CALIFORNIA O.RIGINAL MEMBERS AND AFFECTED PROPERTIS 6525 Point Lechuza Drive LLC 6525 Point Lechuza (APN 4470-017-028) By: Michael Lafetra, Its: Managing Member Victoria Point Holdings, LLC 31536 Victoria Point (APN 4470-017-029) By: Sean Conlon Its: Managing Director the Sweeney Family Ronald E. & Patricia A.Sweeney, as Trustees of Trust 31532 Victoria Point (APN 4470-,017-030) Ronald E. Sweeney, T~stee . . Patrcia A. Sweeney, Trustee 3 I 528 Victoria Point (APN 4470-017-031) Gar Wilson Trust . '. Alan P.Mark and Charlene J. Mark, as Trustees of the Mark Family . ~rf?f~7~ ~~~.~p. 31520 Victoria Point (APN"4470-017-032) 5/11l;iil Alan P. Mark, Trustee 5/~OJ)' .' Charlene J., Trustee '. . 1Y4~K. Chad McQueen~ Trustee of the Chad McQueen Trust 31516 Victoria Point (APN 4470-017-033) .~ Chad McQueen, Trustee . 31508 Victoria Point LLC " . 31508 Victoria Point (APN 4470-017-034) By: Name: Its:' 31508 Victoria Point LLC 31506 Victoria Point (APN 4470-017-035) By: Name: Its: PETITION FOR FORMTION OF THE BROAD BEACH GEOLOGIC HAZARD ABATEMENT DISTRICT PURSUANT TO DIVISION 17 (commencing with Section 26500) OF THE PUBLIC 777908vl' RESOURCES CODE OF THE STATE OF CALIFORNIA ORIGINAL 31504 Victoria Point (APN 4470-017-036) Herndon Parers By: Name: Its: JMC International LLC Point (APN 4470-017-037) 31502 Victoria By: Paul & Susan Owhadi Its: the Pritchett Jerr E. Pritchett & Patrcia D. Pntchett, as Trutees of Famly Trost 31500 Viètoria Point (PAN 4470-017-038) Jerr E. Pritchett Patrcia D. Pritchett 31460 Broad Beach Road (APN 4470-017-061) E. Jane Artuiult 31454 Broad Beach Road (APN 4470~017-062) Wiliam J.Curts Lisa F. Curs 3 i 450 Broad Beach Road (APN4470-017-063) 31444 Broad Beach Road (APN 4470-017-064) ABATEMENT DISTRICT PURSUANT TO DNISION 17 (commencing with Section 26500) OF THE PUBLIC. PETITION FOR FORMTION OF TH BROAD BEACH GEOLOGIC HAZARD 772790Bvl RESOURCES CODE OF THE STATE OF CALIFORNIA ? ORIGINAL Jonathan M. Glaser, as Trustee of the Glasef Family Trust 31376 Broad Beach Road (APN 4470-016-019) Jonathan Glaser LBBR Holdigs, LLC, a Delaware Lirrted Liabilty Company ) 31372 Broad Beach Road (APN 4470-016-018)' By: Name: Its: 31368 Broad Beach Road (APN 4470-016-017) Julie Platt Kevin & Claudia Bright, as Trutees of the Bright Communty Property 31364 Broad Beach Road Trut (APN 4470-016-016) Kevin Bright Claudia Bri t . Kevin & Claudia Bright, as Trustees of the Bright Community Property 31360 Broad Beach Road Trut (APN 4470-016-033) . Kevin Bright Claudia Bright Denns M. and Linda M. Fenton, as Trustees of the Fenton Famly Trust 31350 Broad Beach Road (APN 4470-.016-013) Denns M. Fenton Linda M. Fenton PETITION FOR FORMTION OF THE BROAD BEACH GEOLOGIC HAZARD ABATEMENT DISTRICT PURSUANT TO DIVSION 17 (commencing with Section 26500) OF THE PUBLIC 777908vl RESOURCES CODE OF THE STATE OF CALIFORNIA 4 ORIIL Beth C. Friedan or Joshua S. Friedan, Agent for Trustee of 31346 Broad Beach Road (APN 4470-016-012) the Board Beach 2008 Residence Trut Beth C. Friedman Joshua S. Friedn The Rosemar G Bauer Trut, dated Rosemar G Bauer, as Trustee of 31340 Broad Beach Road (APN 4470-016-011) May 17,1999 31336 Broad Beach Road, .LLC, a Calorna lited liabilty company 31336 Broad Beach Road (APN 4470-016-010) By: Name: Its: 31330 Broad Beach Road (APN 4470-06-008) of the Wiied Ritz .Lum$den . on of Trust dated December 3, 1998 Brindell Robert Gottlieb, as Trustee of the Bridell Robert Gotteb ::17 -i t( 31324 Broad Beach Road (APN 4470-016-027) Trust dated August 7, 2006, as amended 31322 Broad Beach Road (APN 4470-016-028) the Paul and Haya Reisbord Tro dated September 24, 1980, as amended and restated Paul S. Reisbord, Trutee of Kevin Glen Douglas and Michelle McKenney Douglas, Trustes of the K&M Douglas Tru dated Marh 23, 2006 31316 Broad Beach Road (APN 4470-016-031) Kevin Glen Douglas Michelle McKene as PETITION FOR FORMTION OF THE BROAD BEACH GEOLOGIC HA ABATEMENT DISTRICT PURUANT TO DIVISION 17 (commencing with Section 26500) OF THE PUBLIC 712908vl RESOURCES CODE OF THE STATE OF CALIFORNIA ~ ORI.GI.NAL Beth C. Friedm or Joshua S. Friedman Agent for Trustee of the Board Beach 2008 Residence Tru 31346 Broad Beach Road (APN 4470-016-012) Beth C. Friedman Joshua S. Friedman Rosemar G Bauer, as Trustee of The Rosemar G Bauer Trut, dated 31340 Broad Beach Road (APN 4470-016-011) May 17, 1999 31336 Broad Beach Road, LLC, a Californa limted .liabilty company 31336 Broad Beach Road (APN 4470-016-010) By: Name: Its: 3 i 330 Broad Beach Road (APN 4470-06-008) Wined Hitz Lumden, as Truste of Residence Trust, un:der Declaration of the Winifred Hitz Lumsden Trust dated December 3, 1998 31324. Broad Beach Road (APN 4470-016-027) 31322 Broad Beach Road (APN 4470-016-028) the Paul and Haya Reisbord Trut dated September 24, 1980, as amended and restated' Paul S. Reisbord, Truee of 313 i 6 Broad Beach Road the Kevin Glen Douglas and Michelle McKenney Douglas Trustees of (APN 4470-016-031) K&M Douglas Trut, dated March 23, 2006 Kevin Glen Douglas PETITION FOR FORMTION OF THE BROAD BEACH GEOLOGIC HAAR ABATEMENT DISTRICT PURUANT TO DIVISION 17 (commencing with Section 26500) OF THE 777908vl RESOURCES CODE OF TI STATE OF CALJFORNIA " PUBLIC .l6lNAl Beth C. Friedma or Joshua S. Friedman, Agent for Trustee of the Board Beach 2008 Residence Trust 31346 Broad Beach Road (APN 4470-016-012) Beth C. Friedman Joshua S. Friedman The Rosemary G BauerTrust, dated Rosemary G Bauer, as Trustee of May 17, 1999 31340 Broad Beach Road (APN 4470..016-011) 31336 Broad Beach Road, LLC, a California limited liabilty company 31336 Broad Beach Road (APN 4470-016-010) By: Name: Its: 31330 Broad Beach Road (APN 4470-06-008) the Winifred Ritz Lumsden Trust dated December 3, 1998 Winifred Ritz Lumden. as Trustee of Residence Trust, wider Declartion of 31324 Broad Beach Road (APN 4470-016-027) Brindell Robers Gottlieb, as Trutee of the Brindell Roberts Gottlieb Trust dated August 7, 2006, as amended 3 i 322 Broad Beach Road (APN 4470-016-028) Paul S. Reisbard, Trutee of the Paul and Haya Reisbord Trut dated September 24, 1980, as amended and restated 31316 Broad Beach Road Kevin Glen Douglas and Michelle McKenney Douglas, Trustees of the K&M Douglas Tru, dated March 23, 2006 /~ ~- Kevin QÍen Douglas Pi i uLY J1 Michelle McKenney Douglas -- ¿.())l 7' V'~ f / ~ (APN 4470-016-031) 7Z/~ l' bßtl f PETITION FOR FORMTION OF THE BROAD BEACH GEOLOGIC HAAR ABATEMENT DISTRICT PURUANT TO DIVISION 17 (commencing with Section 26500) OF THE PUBLIC 777908vl RESOURCES CODE OF THE STATE OF CALIFORNIA i: OR'iGINAL ló L \l April 31250 Broad Beach Road (APN 4470-oi5~032) the Buron Borman Living rust dated Burton Bonnan Trustee of 12, 1996 the Douglas James E. Douglas, Jr. and Jean A. Douglas,Trustees of Family Trust 31240 Broad Beach Road (APN 4470-015-021) the Douglas Famly Trust . . James E. Douglas, Jr., Trustee of Jean A. Douglas, Jr., Trustee ':fthe Douglas Family Trut Pepperdine University, a California non-profit corporation 31236 Broad Beach Road (APN 4470-015-020) By: Name: Its: 31232 Broad Beach Road (APN 4470-015-019) Pepperdine University, a California non-profit corporation By: Name: Its: 31228 Broad Beach Road (APN 44'10-015-018) Florence B. Arold, Trustee of the Arold Family Trust, dated 8/5/97 31224 Broad Beach Road (APN 4470-015-017) the Phylls Leventhal, as Conservator for Suzane Getz (as Trustee of Getz Persona Residence Trust of 1992J PETITION FOR FORMTION OF THE BROAD BEACH GEOLOGIC HAARD ABATEMENT DISTRCT PURSUANT TO DIVISION 17 (commencing with Section 26500) OF THE PUBLIC 777908vl RESOURCES CODE OF THE STATE OF CALIFORN 7 ORIGINAL 31250 Broad Beach Road . the Burton Borman Living Trust dated Buron Borman Trustee of (APN 4470-015-032) Apnl12, 1996 the Douglas 31240 Broad Beach Road James E. Douglas, Jr. and Jean A. Douglas.Trutees of Famly Trust . (APN 4470.-015-021) 4'h-z,tF~A k?~ . 1'vf:l"1C¡ £cl il ç ~ J~s E. Douglas, Jr.,t-ru~ecthe Douglas Famly Trut /' , J'cJ :2Dl /. Jea.ly'A Douglas, Jr., Trustee i;fthe Douglas Family Trut Road (APN 4470:-015-020) Pepperdie University, a California non-profit corporation 31236 Broad Beach By: Name: Its: 31232 Broad Beach Road Pepperdine University, a California non-profit corporation (APN 4470-015-019) By: Name: Its: 31228 Broad Beach Road (APN 447Q-015-018) Florence B. Arold, Trustee of the Arold Family Trut; dated 8/5/97 31224 Broad Beach Road (APN 4470-015-017) the Phylls Leventhal, as Conserator for Suzane Getz (as Trustee of Getz Personal Residence Trust of 1992J PETITION FOR FORMTION OF THE BROAD BEACH GEOLOGIC HARD ABATEMENT DISTRCT PURSUANT TO DIVISION 17 (commencing with Section 26500) OF THE PUBLIC 777908vl RESOURCES CODE OF THE STATE OF CALIFORN 7 UKIGINAL Buron Borman, Trustee oftle Burton Borman Living Trust dated April 12, 1996 James E. Douglas, Jr. and Jean A. Douglas,Trustees oftle Douglas. Family Trust James E. Dougtas, Jr., Trustee of 31250 Broad Beach Road (APN 4470-015-032) 3 I 240 Broad Beach Road (APN 4470-015-021) the Douglas Family Trust JeaI A. Douglas, Jr., Trustee?fthe Douglas Famly.Trust . Pepperdi By: Name: Its: Pepperdine 31236 Broad Beach Road' (APN 4470-015-.020) d3¡/II rati . or .. a Californa non-profit corporation By: Name:' Its: 31232 Broad Beach Road . (APN 447.0-015-019) 5/U hi 31228 Broad Beach Road '(APN 4470-015-018) Florence B. Arold, Trustee of the Arold Family Trust; dated 8/5/97 31224 Broad Beach Road (APN 4470-01,5-017) the Phylls Leventhal, as ConservatorÎor Suzane Getz (as Trustee of Getz Personal Residence Trust of 1992) PETITION FOR FORMTION OF THE BROAD BEACH GEOLOGIC HAZARD ABATEMENT DISTRICT PURSUANT TO DIVISION 17 (commencing with Section 26500) OF THE PUBLIC 777908vl RESOURCES CODE OF TH STATE OF CALIFORNIA 7 I ORIGINAL 31250 Broad Beach Road (APN 4470-015-032) Buron Borman, Trustee of the Buron Borman Living Trust dated April 12,"1996 the Douglas. James E. Douglas, Jr. and Jean A. Douglas,Trutees of Road . (APN 4470-015-021) Famly Trust James E. Douglas, Jr., Trustee of 31240 Broad Beach' the Douglas Family Trust '~-A. Douglas, Jr., Trustee ~ftle Douglas Famly.Trust .' 31236 Broad Beach Road' . Pepperdie University, a Californa'non-profit corporation (APN 4470-015-020) By: Name: Its: 31232 Broad Beach Road . (APN 447.0-015-019) Pepperdine University; a Californa non-profit corporation By: .' Name:' Its: 31228 Broad Beach Road '(APN 4470-015-018). Florence B. Arold, Trustee of the Arold Famy Trust; dated 8/5/97 31224 Broad Beach Road Z¿ II'(APN 4470-015-017) Phylls L enthal, as ConservatorÎor Suzane Getz (as Tru ee ~the Getz P onal Residence T~st of 1992) PETITION FOR FORMTION OF TH BROAD BEACH GEOLOGIC HAZAR ABATEMENT DISTRCT PURSUANT TO DIVISION 17 (commencing with Section 2(500) OF TI PUBLIC 777908vl RESOURCES CODE OF TI STATE OF CALIFORN ~--.. .. 7 ORI~~t'JAL The Elly and Johnie Trust. a Californa Famly LLP 31220 Broad Beach Road (APN 4470-015-016) By: Name: Its: ., ~~-~-~~O- Norton S. Kamo, a mared man .. /' Ì47 .i "? -:lf. 31214 Broad Beach Road (APN 4470-015-015) 31212 Broad Robert Philpott, Trustee of31212 Broad Beach Trust .. the Attanasio Revocable Trust dated Mark Attanasio, Trustee of Beach Road (APN 4470-015-014) 31206 Broad Beach Road (APN 4470-015-013) November 1,1996' the Attanasio Revocable Trust Deborah Attanasio, Trustee of dated November 1. 1996 Mark Attanasio, as. 31202 Broad Beach Road (APN 4470-015-012) Joint Tenant Deborah Attanasio; as Joint Tenait Edward P. Roski. Jr., Trutee of the Roski Communty Property Trust 31138 Broad Beach Road (APN 4470-015-011) dated November i. 1987 31 i 34 Broad Beach, LLC. a California Limted Liabilty Company By:. Name: Its: 3 i i 34 Broad Beach, LLC. a Californa Limited Liabilty Company 31134 Broad Beach Road (APN 4470-015-009) (APN 4470-015-033) 31130 Broad Beach Road (APN 4470-015-008) (APN 4470-015-033) By: Name: Its: PETITION FOR FORM nON OF TH BROAD BEACH GEOLOGIC HAZARD ABATEMENT DISTRICT PURSUANTTO DIVISION 17 (commencing with Section 26500) OF THE PUBLIC 77790Bvl RESOURCES CODE OF TH STATE OF CALIFORNIA \) ORIGJNAL The EUy and Johnie Trut, a Califonua F31lY LLP 31220 Broad Beach Road (APN 4470-015-016) By: Name: Its: 31214 Broad Beach Road (APN 4470-015-015) Norton S. Kamo, a mared man 31212 Broad Beach Road (APN 4470-015-014) Beach Trut Robert Phipott, Trustee of31212 Broad Mark Attanio, Trustee of the Attasio Revocabie Trut dated November 1,1996 Deborah Attanio, Trustee of 31206 Broad Beach Road . (APN 4470-015-013) the Attasio Revocable Trut dated November 1,1996 31202 Broad Mark Attanio., as Joirit Tenant (APN 4470-015-012) Debora Attanasio, as Joint Tenat II Edward P. Roski, Jr., Trustee of Beach Road the Roski COIllIiunity'Propert Trost -' ',. Road (APN 4470-015-01 1) 31138 Broad Beach dated November 1,1987 31134 Broad Beach, LLC, Ii Californa Limted'Liabilty Company By:. Name: Its: 31 134 Broad Beach, LLC, a Californa LißUted Liabilty Company 31134 Broad Beach Road (APN 4470,.015-009) (APN 4470-015-033) 31130 Broad Beach Road (APN 4470-01 5-008) (APN 4470-015-033) By: Name: Its: PETITION FOR FORM nON OF TH BROAD BEACH GEOLOGIC HAZARD ABATEMET DISTRCT PURSUANT TO DIVISION i 7 (commencing with Section 26500) OF TI PUBLIC 77790Bvl RESOURCES CODE OF TH STATE OF CALIFORNIA R ORIGINAL The BUy and Johne Trut, a Californa Fanly LLP 31220 Broad Beach Road (APN 4470-015-016) By: Name: Its: 3 i 214 Broad Beach Road (APN 4470-015-015) Norton S. Kamo, a mared man Robert Philpott, Trustee of 31212 Broad Beach Trut Mark Attio, Trustee of the Attasio Revocable Trut dated 31212 Broad Beach Road (APN 4470-015-014) . 31206 Broad Beach Road (APN 4470-015-013) November 1, 1996 . Debóra Attanio, Trustee of thè Attasio Revocable Trut . . ._' dated No'vêmber 1, 1.996 '. . 31202 Broad Beach Road (APN 4470-015~012) Mark Attanasio, as Joint Tenat Debora Attanasio, as Joint Tenat Edward P. Roski, Jr., Trustee of the Roski Communty Property Trust 31138 Broad Beach Road (APN 4470-015-011) dated November 1,1987 31134 Broad Béach Le, a Californa Limted Liabilty Company 31134 Broad Beach Road . (APN 4470-015-009) (APN 4470-015-033) 31130 Broad Beach Road (APN 4470-0J5-008) (APN 4470-015-033) PETITION FOR FORM nON OF TH BROAD BEACH GEOLOGIC HAZARD ABATEMENT DISTRCT PURSUANT TO DIVISION 17 (commencing with Section 26500) OF TI PUBLIC 717908vl RESOURCES CODE OF TH STATE OF CALIFORNIA R ORIGINAL ", Novogroder Companes, Inc., an Indiana Corporation By: Name: 31058 Broad Beach Road (APN 4470-014-022) Its: 31054 Broad Beach Road (APN 4470-014-021) the D.L. Property Trust Layne Dicker, as Co-Trustee of Dated June 10, l 993 the D.L. Propert Trust dated Bertram Fields, as Co-Trustee of June 10, 1993 the D.L. Propert Trust dated June Denns B. Ellman as Co-Trustee of 10, 1993 Z D 1/ 31052 Broad Beach Road (APN 4470-014-020)" Steve Lawrence and Eydi~ Gonne Lawrence, Trustees of the Lawrence Fanuly Trust 31048 Broad Beach Road (APN 4470-014-019) Steve LaWrence, Trutee Eydie Gorme Lawrence, Trustee 31042 Broad Beach Road (APN 4470-014-018) Walter Hil, Trutee oflle HiIVGotteb Family Trut dated June 5, 1995 Hildy Gottlieb Hil, Trustee of the HilVGottleb Famly Trust dated Jime 5, 1995 pETITION FOR FORMA nON OF TH BROAD BEACH GEOLOGIC HAZARD ABATEMENT DISTRICT PURSUANT TO DMSION 17 (commencing with Section.26500) OF THE. 17798vl RESOURCES CODE OF THE STATE OF CALFORNIA 10 PUBLIC ORIGINAL Novogroder Companies, Inc., an Indiana Corporation 31058 Broad Beach Road (APN 4470-014-022) By: Name: Its: Layne Dicker, as Co-Trustee oflhe D.L. Property Trust 31054 Broad Beach Road (APN 4470-014-021) Dated June 10, i 993 Bertram Fields, as Co-Trustee öfthe D.L. Property Trust dated June 10, i 993 the D.L. Property Trust dated June DenJ1is B. Ellman, as Co-Trustee of 10,1993 Malibu Management LLC, a Delaware limited liabilty company 31052 Broad Beach Road (APN 4470-014-020) By: Name: Its: the Lawrence '.~ t1l'/)/ß 21 Q.l1i\31048 Broad Beach Road e Lawrence, Trustees of . .- 1\( tR ~ __rß. (APN 4470-014-019) tJl ... 1/ W~ J -- -rjT.Q t O~ J 7 - J 0 J I ence, Trustee' Walter Hil, Trustee of the I-IiI/Gottlieb Family Trust 31042 Broad Beach Road (APN 4470-014-018) dated June 5,1995 Hildy Gottlieb Hil, Trustee ofthe Hil/Gottleb Family Trust dated June 5, 1995 PETITION FOR FORMATION OF THE BROAD BEACH GEOLOGIC HAZARD ABATEMENT DISTRICT PURSUANT TO DIVISION 17 (commencing with Section 26500) OF TI-IE PUBLIC 777908vl RESOURCES CODE OF THE STATE OF CALIFORNIA 10 . ORIGINAL Novogroder Companies, Inc., an Indiana Còrporation 31058 Broad Beach Road (APN 4470-014-022) By: Name: Its: 31054 Broad Beach Road the D.L. Propert Trust Layne Dicker, as Co-Trustee of (APN 4470-014-021) Dated June 10, 1993 the D.L. Property Trut dated Bertram Fields, as Co-Trustee of June 10, 1993 Dennis B. Ellman, as the D.L. Propert Trust dated June Co-Trustee of 10, 1993 Malibu Management LLC, a Delawae limited liability company By: 31052 Broad Beach Road (APN 4470-014-020) Name: Its: the Lawrence Steve Lawrence and Eydie Goime Lawrence, Trustees of 31048 Broad Beach Road (APN 4470-014-019) Family Trust Steve Lawrence, Trutee Eydie Gorme Lawrence, Trustee L Q:~ _\~the.Hill/Gottieb b~-td)E' Family Trust I /~~l~ ,.~I Walter Hil, Trustee of f\ ~ 7, ')i 31042 Broad Beach Road (APN 4470-014-018) dated June 5, 1995 Hildy Gottlieb il, Trutee of the Hill/GottlIeb Family Trust ~I i 1, 2-l( dated June 5, 1995 / PETITION FOR FORMA nON OF THE BROAD BEACH GEOLOGIC HAZARD ABATEMENT DISTRICT PURSUANT TO DIVISION I 7 (commencing with Section 26500) OF THE PUBLIC 777908vl RESOURCES CODE OF THE STATE OF CALIFORNIA 10 OR J G l-NAl 31038 Broad Beach Road Kathy S. Mendoza, as communty property with right of surivorship (APN 4470MOI4M017) Thomas F. Mendoza, as community properly with right of survivorship 31034 Broad Beach Road the Gary David Goldberg Residence Trust No.1 dated February 15, 1996 Gary David Goldberg, Trustee of (APN 44 70~O 1 4-016) Diana Meehan, Trustee of the Diana Meehan Residence Trust No.1 dated February 15, 1996 31030 Broad Beach Road (APN 4410.014~015) Dolly Martin, Trustee under Declaration of Trust of the Marn 31026 Brbad Beach Road (APN 4470~014-014) Recovei:able Trust dated July 9, 1982 31022 Broad Beach Road (APN4470~014~013) Danny'DeVito, as community propeity Rhea Perlman, as community propeity PETITION FOR FORMATION OF THE BROAD BEACH GEOLOGIC HAZARD ABATEMENT DISTRICT PURSUANT TO DIVISION 17 (commencing with Section 26500) OF THE PUBLIC 772?90Svl RESOURCES CODE OF THE STATE OF CALIFORNIA 11 . O.R1GINAL 31 03..8 B~oad Beah Road Kathy. S. Mendoza as cOmmuniy.propert with riglt of survorship (APN 44.70-014-017) : " Thoma F: Mendo~ as communty prop~rt'with light of survorship .. '. Ga David Goldberg, Trustee.ofthe'GaI David Goldberg Residence Tru 1 dated Febri 1?, 1996 No. 31034 Broad Beah Rmid . (AP~ 4470-014-016) Diana the Dian Meehan Restdence Meeli Trustee of 'TIustNo. 1 dated Februar 15, 1996 . 3.1 03'0 Broad Beach Road Marha B. Grossman, as COiDiIty property '. .' (APN 4470-01.4,,015), .' . . Marlene~. Grssman, as communty propert i : ii/l ~ lir 1-' Trust ¡li!/1 of the Mar. . 0 ly M .' Truee under Deçlaration of RecOverble Tro dated'JUly 9, 1982 '. . . . . 31 026 Broad Beach Road (APN 4470-014-014) . . '. .. .. : , 31022 Broad Beach Road .. DaIy De Vito~ as c~miunty propert '.' '(APN - 4470~014-013) i' ."' -'-:;~I'":.;:_ '. ~ ..'- .' : . .-.....:......:~.~ .. .: . .. . Rhea Perlian as commUIty pr?per . . . . PETITION FOAFORMTION OF TH BROAD BEACH GEOLOGIC HAAR ABATEMENT DISTRICT PURSUANT TO DMSION i 7 (còmmencIng with Section 26500) OF THE PUBLIC. 77i908vl RESOURCES CODE OF l1 STATE OF CALIFORNIA 11 o r\ t ~ i ì ~ A L Kathy S. Mendoza, as communty property with right of survivorship 31038 Broad Beach Road (APN 4470-014-017) Thomas F. Mendoza, as community propert with right of survivorsmp Gary David Goldberg, Trustee of the Gar David Goldberg Residence 31034 Broad Beach Road (APN 4470-014-016) Trust No.1 dated February 15, 1996 the Diana Meehan Residence Trust No.1 dated February 15, 1996 Diana Meehan, Trustee of 31030 Broad Beach Road (APN 4470-014-015) Marshall B. Grossman, as community property Marlene B. Grossman, as community propert Dolly Martin, Trustee under Declaration of Trust of the Mar 31026 Broad Beach Road (APN 4470-014-014) Recoverable Trut dated July 9, 1982 S\~i\\\ 31022 Broad Beach Road (APN 4470-014-013) '5 ôl \\ PETITION FOR FORM TlON OF THE BROAD BEACH GEOLOGIC HAZARD ABATEMENT DISTRICT PURSUANT TO DNISION 17 (commencing with Section 26500) OF THE PUBLIC 77790Svl RESOURCES CODE OF THE ST ATE OF CALIFORNIA 11 ORIGINAL ~~ 1111 31020 Broad Beach Road (APN 4470-014-012) DougBarn, Trutee.,ofthe Don and Irene Baron Family Trust 31016 Broad Beach Road (APN 4470-014-011) Agreement dated May 15, 1990 the Don and Irene Baron Family Trust Agreement dated May 15, 1990 Irene Baron, Trustee of Abbott Brown, Trustee of the Brown Living Trust dated 31012 Broad Beach Road (APN 4470-014-010) June 26, 1989 Linda L. Brown, Trustee of the Brown Living Trust Alan Paul Mark, Trustee of the Mark Famly Inter Vivos Trust dated dated June 26, 1989 . 31008 Broad Beach Road (APN 4470-014-009) October i 0, 1997 Charlene Jeane Mark, Trustee ofthe Mark Famly Inter Vivos Trust dated October 10, i 997 PETITION FOR FORMTION OF THE BROAD BEACH GEOLOGIC HAZAR ABATEMENT DISTRlCT PURSUANT TO DIVISION 17 (commencing with Section 26500) OF THE PUBLIC 777908vl RESOURCES CODE OF THE STATE OF CALIFORNIA 1? ORIGINAL the DeVito Famy Tru Danel Michael DeVíto, Trustee of dated September 28,1995 31020 Broad Beach Road (APN 4470-014-012) the DeVito Famy Tru dated September Rh~a Jo Perlman True of 28, 1995 .5-- ¿;;; - / / Doug BarD, Truee of dated Agree t the Don and Irene Baron Famy Trust May 15,19 0 \ 31016 Bro Beach Road (APN 4470-014-011) f the Don and Irene B?1onFamly T Agreement dated May 15, 1990 Irene arou, Trustee of 31012 Broad Beah Road Abbott Brown. Truee of the Brown Living Tru dated June 26, i 989 Linda L. Brown. Trustee of (APN 4470-014-010) the Brown Livi Trust dated. June 26, 1989 Alan Paul Mark, Trustee of the Mak Famy Inter Vivos Trust dated October 10,1997 . Charlene Jeane Mark, Trustee of 31008 Broad Beach Road (APN4470-014-009) the Mark Famly Inter Vivos Trust dated October 10, i 997 PETITION FOR FORMTION OF TH BROAD BEACH GEOLOGIC HAZAR ABATEMENT DIST.RCT PURSUAN TO DIVISION 11 (commencing with Secon 26500) OF TH PUBLIC 7719l8v RESOURCES CODE OF TH STATE OF CALIFORNIA 1? ORJG.INAL 31020 Broad Beach Road (APN4470-014-012) the DeVito Famly Tru~ Darel Michael DeVito, Trustee of dated September 28,1995 the DeVito Famy Trust dated September Rhea Jo Perlman. Trustee of 28, 1995 310 i 6 Broad Beach Road the Don and Irene Baron Famy Trust Agreement dated May 15, 1990 Dong B8lIl Trutee of (APN 4470-014-011) Irene Baron, Trustee ofthe Don and Irene Baron Famly Trust Agreement dated May 15, 1990 31012 Broad Beach Road (APN 4470-014-010) Abbott Brown, Trutee of the Jure 26, 1989 Linda L. Brown. Trustee of the Brown Livig Trust dated June 26. 1989 Alan Paul Mark, Trustee of the Mark Fanly Inter Vivos Trust dated October 10, J 997 Charlene Jeane Mark, Trustee of 31008 Broad Beach Road (APN 4470-014-009) the Mark Famly Inter Vivos Trust dated October 10, 1997 PETIION FOR FORMTION OF TH BROAD BEACH GEOLOGIC HAZAR ABATEMEN DISTRICT PURSUANT TO DIVISION 17 (commencing with Section 26500) OF TI PUBLIC 777908vl RESOURCES CODE OF TI STATE OF CALIFORNIA ,.. 'ORl8I 31020 Broad Beach Road' Danel Michael DeVito, Trustee oftbe DeVito'Famly Trut, dated September 28,1995 Rhea Jo Perlm Truste of (APN 4470-014-012) the DeVito Famy Trust dated September 28, 1995 31016 Broad Beach Road (APN 4470-014-011) Doug Barn, Trutee ofthe Don and Irene Baron Famy Trust Agreement dated May 15, i 990 Irene Baron, Trustee ofthe Don and Irene Baron Famly Trust Agreement dated May is, 1990 3 i 0 12 Broad Beach Road Abbott Brown. Trutee of June 26, 1989 'L.f t. Linda L. Brown, Trustee of the Brown Livig Trust dated . ~, D~~ . (APN 4470-014-010) s-- ~ l- 2. l\ the Brown Livig Trust dated Ji.e 26, 1989 Alan Paul Mark, Trustee of the Mark Family Inter Vivos 'Frust dated 31008 Broad Beach Road (APN 4470-014-009) October 10, 1997 ChaleIte Jeane Mark. Trustee of the Mark Famly Inter Vivos Trust dated October i 0, 1997 PETITION FOR FORMTION OF TH BROAD BEACH GEOLOGIC HAZARD ABATEMEN DISTRICT PURSUANT TO DIVISION 17 (commencing with Section 26500) OF TH PUBLIC 777908vl RESOURCES CODE OF TH STATE OF CALIFORNIA 1? ORIGINA 5"~~7-f Jonathan Haf, as Trustee of th ily Trut 31000 Broad .Beach Road (APN 4470-014-008) dated November i 8, 1992 Rita Haft, as Trustee of the Haf Famly Trust dated November 18, 199 s- - 2- 7 - // Ovitz Fanly Limted Parnership, a Califonna limited parership By: Name: Its: 30980 Broad Beach Road (APN 4470-014-007) Ovitz Family Limited Parership, a Californa limited parership 30978 Broad Beach Road . (APN 4470-014~006) By: Name: Its: Michael Dreyer, Trustee of the Nort Enterprises 1996 Trust. Sidney J. Sheinbeig, as Trutee ofthe Sheinberg Family Trust, UDT 30974 Broad Beach Road (APN 4470-014-005) 30970 Broad Beach Road (APN 4470-014-004) dated July 7. 1992 Lorraine E. Sheinberg, as Trutee of the Sheinberg Famy Trut, UDT dated July.7, 1992 Barbara Marx Sinatra, Trustee of 30966 Broad Beach Road the Barbara Mar Sinatra Trot, dated (APN 4470-014-003) May 10,1993 PETITION FOR FORMATION OF THE BROAD BEACH GEOLOGIC HAZARD ABATErvNT DISTRICT PURSUANT TO DIVISION 17 (commencing with Section 26500) OF TH PUBLIC 777908vl RESOURCES CODE OF TH STATE OF CALIFORNIA OR1GINAL the Michael and Nancy Sitrick Trust, dated Michael Sitriek, Trustee of 30962 Broad Beach Road (APN 4470-014-002) Mareh 26, 199 i Nancy Sitriek, Trustee of the Michael and Nancy Sitrck Trust, dated March 26. 1991 30956 Broad Beach Road . (APN 4470-014-001) Jason E. Maynard, a maried man as his sole and separate property the Harold D. Berkowitz or his successor, as trstee then in offce of 30952 Broad Beach Road (APN 4470-013-027) Harold D. Berkowitz Trust dated April i. 1996 30948 Broad Beach Road (APN 4470-013-026) A vi Arad, as joint tenant Joyce Arad, as joint tenant 30944 Broad Beach Road (APN 4470-013-025) Avid Arad, as joint tenant Joyce Arad, as joint tenant .~ ~~Z Victor Mellon, Trustee of the 30940 Broad Beach Trust dated 30940 Broad Beach Road (APN 4470-013-024) September 10.2003 PETITION FOR FORMTION OF THE BROAD BEACH GEOLOGIC HAAR ABATEMENT Section 26500) OF THE PUBLIC DISTRCT PURSUANT TO DIVISION 17 (commencing with. 777908vl RESOURCES CODE OF THE STATE OF CALIFORNIÅ 14 ORIGINAL Modena Investments, LLC, a Cafornia limited liability company 30936 Broad Beach Road (APN 4470-013-023) By: Name: Its: MDWBB, LLC,'a Californa limited liabilty company 30930 Broad Beach Road (APN 4470-013-022) By: Name: Its: 30928 Broad Beach Road (APN 4470-013-021) . John B. Hess, as joint tenat Susan K. Hess, as joint tenant MTSBB, LLC, a Calforna lirrted liabilty company . 30924 Broad Beach Road (APN 4470-013-020) .By: Name: Its: ~ ~I '3\;/ II Road (APN 4470-013-019) 30918 Broad Beach Steven Zailian, as ru Steve and Elizabeth Zaillan Living Trust U/Drr dated April 29;20 8 3D I ¡an as Trustee of the Steve and Elizabeth Zailian Living Clated April 29, 2008 Greg Alan Nathson, Trutee of the Nathson Trut dated 30916 Broad Beach Road (APN 4470-013-018) December 23, 2005 Teresa Fredericks Nathanson, Trustee of the Nathanon Trust dated December 23; 2005 PETITION FOR FORMTION OF THE BROAD BEACH GEOWGIC HAZA ABATEMENT DISTRICT PURSUANT TO DNISION 17 (commencing with Section 26500) OF THE PUBLIC 777908vl RESOURCES CODE OF TI STATE OF CALIFORNIA 1 .i ORIGINAL Modena Investments, LLC, a California limited liabilty company 30936 Broad Beach Road (APN 4470-013-023) By: Name: Its: MDWBB, LLC,'a California limited liabilty company 30930 Broad Beach Road (APN 4470-013-022) By: Name: Its: 30928 Broad Beach Road (APN 4470-013-021) John B. Hess, as j oint tenant Susan K. Hess, as joint tenant MTSBB, LLC, a California limited liability company 30924 Broad Beach Road (APN 4470-013-020) .By: Name: Its: Steven Zailian, as Trustee of the Steve and Elizabeth Zailian Living Trust U/Drr dated Apnl 29,2008 30918 Broad Beach Road (APN 4470-013-019) the Steve and Elizabeth Zaillian Living Trust U/Drr dated Apnl29, 2008 Elizabeth Zalian, as Trustee of Greg Alan Nathanson, Trutee of December 23, 2005 Teresa rederic s Nathanson, Trus ee of the Nathanson Trust dated 30916 Broad Beach Road (APN 4470-013-018) J.iL~á.s ~ ~/i7¡;) the Nathanson Trust dated December 23; 2005 PETITION FOR FORMTION OF THE BROAD BEACH GEOLOGIC HAZAR ABATEMENT DISTRICT PURSUANT TO DIVISION 17 (commencing with Section 26500) OF THE PUBLIC 777908vl RESOURCES CODE OF TH STATE OF CALIFORNIA 1 "i ORIGINAL Themba II, a Delaware limited liabilty company By: Name: Its: 30908 Broad Beach Road (APN 4470-013-017) ~ 5/3111 ickerbocker Avenue Trut David Kelton, Trustee of the David Kelton and Lenora 1. Kelton Family Trust dated June 4, 1982 30904 Broad Beach Road (APN 4470-013-016) 30900 Broad Beach Road (APN 4470-013-015) Lenora 1. Kelton, Trustee of the David Kelton and Lenora 1. Kelton Family Trust dated June 4, 1982 Steve Needleman, as Trustee of the Anjac Trust dated December 30, 1998 Felicia Farr LemIon, Trustee of the Survivor's Trust created . under the Lemmon Farly Trust,. dated April 20, 1992, as to an 30874 Broad Beach Road (APN 4470-013-014) 30870 Broad Beach Road (APN 4470-013-013) undivided 5% Felicia Far Lemmon, Trustee of the Exempt Martal Trust created under the Lemmon Family Trust, dated April 20, 1992, an undivided 22.3% Felicia Farr Lemmon, Trustee of the Nonexempt Martal Trust created under the Lemmon Family Trut, dated April 20,1992, an undivided 72.7% interest . PETITION FOR FORM nON OF THE BROAD BEACH GEOLOGIC HAZARD ABATEMENT DISTRICT PURSUANT TO DIVISION 17 (commencing with Section 26500) OF THE PUBLIC 777908vl RESOURCES CODE OF THE STATE OF CALIFORNIA 1 fí ORIGINAL Themba II, a Delaware limted liabilty company 30908 Broad Beach Road (APN 4470-013-017) By: Name: Its: George Savitsky, Trustee of The Knickerbocker Avenue Trust 30904 Broad Beach Road (APN 4470-013-016) ~ . ~S1JxJII 30900 Broad Beach Road avid Kelton, Trustee 0 e David Kelton and Lenora L. Kelto '. (APN 4470-013-015) ~~~/ ~r~/ Family Trust dated June 4, 1982 Lenora L. Kelton, Trus e otthe Davi elton and Lenora L. Ke tal /, Family Trust dated June 4,1982 Steve Needleman, as Trustee of the Anjac Trust dated December 30, 30874 Broad Beach Road (APN 4470-013-014) 1998 Felicia Far Lemmon, Trustee of the Survor's Trust created 30870 Broad Beach Road (APN 4470-013-013) . under the Lemmon Famy Trust,. dated Apri 2Ö, 1992, as to an undivided 5% Felicia Far Lemmon, Trustee of under the Lemmon Famly Trust dated April the Exempt Mantal Trust created 20, 1992, an undivided 22.3% the Nonexempt Mantal Trut created under the Lemmon Family Trust, dated April 20, 1992,' an undivided 72.7% interest Felicia Farr Lemmon, Trustee of PETITION FOR FORMTION OF THE BROAD BEACH GEOLOGIC HAARD ABATEMENT DISTRICT PURUANT TO DMSION 17 (commencing with Section 26500) OF THE PUBLIC 777908vl RESOURCES CODE OF THE ST ATE OF CALIFORNIA 11\ ORIGINAL 30866 Broad Beach Road Diane F. Sherman, a mared woman as her sole and separate propert (APN 4470-013-012) ~ Øc tf" -.5 30130860BroadBeachRoad Dale Caroll Rosenbloom, Jr., as Trustee ofthe Georgia Frontiere (APN 4470-013-01 l) Revocable Trut dated 2/18/03 . /v- - 5ß/ 7/ 30856 Broad Beach Road Dale Caroll Rosenbloom, Jr., as Trustee ofthe Georgia Frontiere (APN 4470-013-010) . Revocable Trust dated 2/18/03 Dale Caroll Rosenbloom, Jr., as Trustee of the Georgia Frontiere 30852 Broad Beach Road (APN 4470-013-009) Revocable Trust dated 2/18/03 Antony P. Ressler, as Jari B. Gertz, as 30846 Broad Beach Road (APN 4470-013-008) joint tenant joint tenant (SIGNATURES CONTINED NEXT PAGE) PETITION FOR FORMTION OF TI BROAD BEACH GEOLOGIC HAZARD ABATEMENT DISTRICT PURSUANT TO DNISION 17 (commencing with Section 26500) OF THE PUBLIC 777908vl RESOURCES CODE OF THE STATE OF CALIFORNIA 17 LI~IGINAL Diane F. Shennan, a married woman as her sole and separate propert 30866 Broad Beach Road (APN 4470-013-012) Dale Caroll Rosenbloom, Jr., as Trustee ofthe Georgia Frontiere 30860 Broad Beach Road (APN 4470-013-011) Revocable Trut dated 2/18/03 . Dale Caroll Rosenbloom, Jr., as Trustee of the Georgia Frontiere 30856 Broad Beach Road (APN 4470-013-010) Revocable Trust dated 2/18/03 . Dale Caroll Rosenbloom, Jr., as Trustee of the Georgia Frontiere 30852 Broad Beach Road (APN 4470-013-009) Revocable Trust dated 2/18/03 . 30846 Broad Beach Road (APN 4470-013-008) b/-:lj 2.0 I \ (SIGNATURES CONTINED NEXT PAGEl PETITION FOR FORMATION OF THE BROAD BEACH GEOLOGIC HAZARD ABATEMENT DISTRICT PURSUANT TO DIVISION i 7 (commencing with Section 26500) OF THE PUBLIC 777908vl RESOURCES CODE OF TH STATE OF CALIFORNIA 17 o RIGI j\j r\ L the Evan C Thompson Revocale Evan C Thompson, Trutee of Tru of 1999, Apri created under Declartion of 30842 Broad Beach Road (APN 4470-013-007) Trut dated 19, 1999 Fra Hoerhager, Trutee of the Victoria Frenner inevocable . Trust - 1997 executed Apru 30, 1997 as to an undivided 25% interest 30838 Broad Beach Road (APN 4470-013-006) Fra Hoerhager, Trustee of the Maxillan Frenner Irrevocable Trust - 1997 executed Apn130, 1997 as to an undivided 25% interest the Maximllan Frenner Irrevocable 30, 1997 as to an undivided 25% . Fra Hoerhager, Trutee of Trust - 1997 executed April interest 'lJ lit. ê;W 6 i & '20 II 30830 Broad Beach Road Werner T. Koenig, as Trustee 0 the Werer T~ Koeiúg and Elizabeth N. Koenig Inter Vivos Tru dated Janua 21, 1981 ,. ?tfuL. /.'-;¿t if 1 IG~u-,'~ '-r- 1~t:L Elizabe . Koenig, as Trustee of the We. er T. Koeiúg and Elizabeth N. Koenig Inter Vivos Tru dated Janua 21, 1981 (Caroll O'Connor), Truee of the Caroll O'Connor and Nancy Fields O'Connor 1981 Trust Nancy Fields O'Connor, Trustee of (APN 4470-013-005) . SI2-21261(1 30826 Broad Beach Road (APN 4470-013-004) the Caroll O'Connor and Nancy Fields O'Connor 1981 Trust PETITION FOR FORMATION OF TH BROAD BEACH GEOLOGIC HAZAR ABATEMENT DISTRCT PURSUANT TO DIVISION 17 (commencing with Section 26500) OF THE PUBLIC 71190Sv) RESOURCES CODE OF TH STATE OF CALIFORNIA lR ORIGINAL Danel Klein, Trustee of Diana Klein Trustee of the Danel and Diana Klein Livig Trust 30760 Broad Beach Road (APN 4469-026-002) the Danel and Diana Klein Livig Trust . The Malibu West Swiing Club, a Californa Corporation . 30756 Pacific Coast Highway (APN 4469-026-016) By: Name: Its: 30750 Pacific Coas Highway the Michael L. Schwab, Trutee of L. Schwab, Trustees of Michaçl L. Schwab and Cheryl (APN 4469-026-011) the Schwab Communi Pro Trust RECD ÚJd Corp. 30732 Pacific Coast Highway (APN 4469-026-005) By: Name: Its: Deane Earl Ross and Joyce B. Ross, Trustees of Ross Famly Trust 30724 Pacific Coast Highway (APN 4469-025-006) . Deane Earl Ross, Trustee Joyce B. Ross, Trutee Coastline Income Properties, LLC 30718 Pacific Coast Highway (APN 4469-026-007) By: Name: Its: 30712 Pacific Coas Highway Jeff Lotm, Co-Trustee of the Lotman Living Trust, dated March (APN 4469-026-008) 14,2002 Therese Lotman, Co-Trustee of the Lotman Living Trust, dated March 14, 2002 PETITION FOR FORMTION OF THE BROAD BEACH GEOLOGIC HAZARD ABATEMENT DISTRCT PURSUANT TO DIVISION 17 (commencing with Section 26500) OF THE PUBLIC 777908vl . RESOURCES CODE OF THE ST ATE OF CALIFORN ?O -- -z~(! ..o0: Daniel Klein, Trustee of Diana Klein, Trustee of the Daniel and Diana Klein Living Trust the Daniel and Diana Klein Livig Trust Ross Famly Trust the Schwab Communty Prooert Trust the Michael L. Schwab and Cheryl . n~_.. ~$/~ .The Malibu West Swimming Club, a Californa Coiporation By: Name: Its: L. Schwab, Trustees of Mi'thael L. Schwab, Trutee of REeO Land Coip. By: Name: Its: Deane Earl Ross and Joyce B. Ross, Trustees of Deane Earl Ross, Trustee Joyce B. Ross, Trutee Coastline Income Properties, LLC By: Name: Its: -IV I vv LJJ.V\A'- ,J..u.v...I ..""Vu.u (APN 4469-026-002) 30756 Pacific Coast Highway (APN 4469-026-016) 30750 Pacific Coas Highway (APN 4469-026-011) 30732 Pacific Coast Highway (APN 4469-026-005) 30724 Pacific Coast Highway . (APN 4469-025-006) 30718 Pacific Coast Highway (APN 4469-026-007) ORIGINAL Daniel Klein, Trustee of the Daniel and Diana Klein Living Trust 30760 Broad Beach Road (APN 4469-026-002) Diana Klein Trustee of the Daniel and Diana Klein Living Trust . The Malibu West Swirring Club, a California Corporation 30756 Pacific Coast Highway (APN 4469-026-016) By: Name: Its: Michael L. Schwab, Trustee of L. Schwab, Trustees of the Michael L. Schwab and Cheryl the Schwab Community Property Trust 30750 Pacific Coast Highway (APN 4469-026-011) RECO Land Corp. 30732 Pacific CoastHighway (APN "4469-026-005) By: Name: Its: .~ ~-~~~- Deane Earl Ross and Joyce B. Ross, Trustees of Ross Famly Trust ¿ l hi 30724 Pacific Coast Highway (APN 4469-025-006) Deane Earl Ross, Trustee ~ß.~ (pl)/1l J y . Ross, Trustee Coastline Income Properties, LLC 30718 Pacific Coast Highway (APN 4469-026-007) By: Name: Its: JeffLotman, Co-Trustee of the Lotman Living Trust, dated March 30712 Pacific Coast Highway (APN 4469-026-008) 14,2002 Therese Lotnan, Co-Trustee of the Lotman Living Trust, dated March 14,2002 PETITION FOR FORM nON OF THE BROAD BEACH GEOLOGIC HAZARD ABATEMENT DISTRICT PURSUANT TO DIVISION 17 (commencing with Section 26500) OF THE PUBLIC 772908vl RESOURCES CODE OF THE STATE OF CALIFORNIA ?O ORIGINA Danel Klein Trustee of Diana Klein, Trustee of the Danel and Diana Klein Livig Trust 30760 Broad Beach Road (APN 4469-026-002) the Danel and Diana Klein Livig Trust .The Malibu West Swiing Club,'a Californa Corporation 30756 Pacific Coast Highway (APN 4469-026-016) By: Name: Its: the Michael L. Schwab and Cheryl Michael L. Schwab, Trutee of L. Schwab, Trustees of 30750 Pacific Coas Hignway (APN 4469-026-011) the Schwab Community Prooert Trust RECO La.d Corp. 30732 Pacific Coast Highway (APN 4469-026-005) By: Name: Its: Ross Fanly Trust Deane Earl Ross and Joyce B. Ross, Trutees of 30724 Pacific Coast Highway (APN 4469-025-006) Deane Earl Ross, Trustee Joyce B. Ross, Trutee Coastline Income Propertes, LLC By: ~~ l~d- 30718 Pacific Coast Highway (APN 4469-026-007) .. r~/:itJ"'/' Name: ~lr"t N.p.l- :Its: ff~ ~ rt_ /_ Jeff Lotman, Co-Trustee of the Lotman Living Trust, dated March 14,2002 Therese Lotman, Co-Trustee of 30712 Pacific Coast Highway (APN 4469-026-008) the Lotman Living Trust, dated Mach 14, 2002 PETITION FOR FORMTION OF THE BROAD BEACH GEOLOGIC HAZARD ABATEMENT DISTRCT PURSUANT TO DIVISION 17 (commencing with Section 26500) OF THE PUBLIC 777908vl RESOURCES CODE OF THE STATE OF CALIFORN ?O ORIGINAL the Danel and Diana Klein Living Trust Danel Klein, Trustee of 30760 Broad Beach Road (APN 4469-026-002) the Daiel and Diana Klein Living Trust Dian Klein Trustee of .Thé Malibu West Swiing Club, a Californa Corporation. 30756 Pacific Coast Highway (APN 4469-026-016) By: Name: Its: 30750 Pacific Coas Highway the Michael L. Schwab and Cheryl Michael L. Schwab, Trutee of (APN 4469-026-011) L. Schwab, Trustees of the Schwab Communi Pro e Trust RECO Üi.nd Corp. 30732 Pacific Coast Highway (APN 4469-026-005) By: Name: Its: Deane Earl Ross and Joyce B. Ross, Trustees of Ross Famly Trust 30724 Pacific Coast Highway (APN 4469-~25-006) Deane Earl Ross, Trustee Joyce B. Ross, Truee Coastline Income Properties, LLC 30718 Pacific Coast Highway (APN 4469-026-007) By: , Name: Its: 30712 Pacific Coast Highway (APN 4469-026-008) 5' J di It - rustee of the Lotman Living Trust, dated PETITION FOR FORMTION OF THE BROAD BEACH GEOLOGIC HAZARD ABA TElvNt TO DIVISION 17 (commencing with Section 26500) OF THE PUBLIC DISTRCT PURSUANT 177918vl RESOURCES CODE OF TIE STATE OF CALIFORN ?O CITY OF MALIBU CITY COUNCIL NOTICE OF PUBLIC HEARING REGARDING PETITION BY THE OWNERS OF ALL TAXABLE PROPERTY ALONG BROAD BEACH ROAD AND A PORTION OF VICTORIA POINT ROAD FOR THE FORMATION OF THE BROAD BEACH GEOLOGICAL HAZARD ABATEMENT DISTRICT The Malibu City Council will hold a public hearing on MONDAY, September 12, 2011, at 6:30 p.m. in the Council Chambers, Malibu City Hall, 23825 Stuart Ranch Road, Malibu, CA, to consider both the formation of the Broad Beach Geological Hazard Abatement District (GHAD) and the Broad Beach GHAD Plan of Control pursuant to Division 17 (commencing with Section 26500) of the California Public Resources Code. The purpose of the hearing wil be for the City to receive and consider all objections to the proposed formation of the Broad Beach GHAD and to the proposed Plan of Control (enclosed on CD), and to make a determination as to whether to approve formation of the Broad Beach GHAD. Background: On June 6, 2011, a petition initiating proceedings for the formation of the Broad Beach GHAD was presented to the City Clerk (enclosed). Out of the 123 members and affected properties within the GHAD, there were signatures presented for 47, accounting for 38 percent of the members (a minimum of 10 percent is required to place the item on a Council agenda). On August 8, 2011, the Malibu City Council adopted Resolution No. 11-38 (enclosed) directing staff to set a public hearing to consider the petition for the formation of the Broad Beach GHAD. The proposed GHAD boundary is shown in Exhibit B. The GHAD area includes areas adjacent to and within the vicinity of Broad Beach in Malibu, California. The legal description of the land to be included within the Broad Beach GHAD is included in Exhibit A. Purpose of the GHAD: Various portions of the Broad Beach area have been subjected to emergency repair/protective measures in years past due to storms and related erosion events. Because of the general and continuing narrowing of the beach, additional protective measures wil be implemented. The measures may include beach nourishment and rehabilitation of dunes with associated vegetation and habitat. Additionally, the recently installed rock revetment is anticipated to need periodic inspection. The GHAD, overseen by a board elected from the members and affected property owners, will provide a means of financing the beach nourishment and associated maintenance into the future. Objections: Objections to the proposed formation of the Broad Beach GHAD or to the Plan of Control may be made by any owner of real property within the proposed GHAD boundaries (see enclosed). In order to be considered, objections must: be in writing, containing a description of the owner's land by lot, tract and map number; contain the signature of the owner; and be mailed or otherwise delivered to the address set forth below prior to the time set for the hearing. Objections not received by the close of business on Friday, September 9, 2011, should be presented at the hearing. If a person whose signature appears on the written objection is not shown on the latest assessment roll last equalized by Los ATIACHMENT C Angeles County as the owner of the subject real property, the written objection must be accompanied by evidence sufficient to demonstrate that such person is the owner of such property. Copies of the Petition for Formation, the GHAD Boundary Map and the City Council Resolution setting the hearing are enclosed for your review. A copy of the Plan of Control is enclosed on CD and may also be reviewed and copied, at cost not to exceed the cost of duplication, at the City Clerk's Office, City Hall, 23825 Stuart Ranch Road, Malibu, CA 90265. Contact for information or written objections: Lisa Pope, City Clerk, 23825 Stuart Ranch Road, Malibu, CA 90265 or by phone at (310) 456-2489, extension 228. Enclosures . Petition for Formation . City Council Resolution No. 11-38 . Legal Description (Exhibit A) and GHAD Boundary Map (Exhibit B) . Plan of Control on CD Mailng date: August 18, 2011 1m: m7 SMILE DIN. TOLL FREE 1-800-227-2600 AT L951 M's BEFORE YOU 01:; Manama SEMCE or man ovum BROAD BEACH RESTORATION PROJECT 3 m?&m0L California State Lands Commission an own/11 5935 mm Robert S?oop. lmwar Chris Webb BEACI-llLri?ualEschEN-r [371 emu-r Aaron Holloway. PVE, Russ Boudreuu. 10+00 TO 261-50 0F 12 [in :1 m: DRAWING SCALES SHOW BASED CN DRAWING I .vo oi nix?agape? 4 51E 3 5.139255% 0023153226 5:39 9:9ch ".35 030/. cum/1 1 6935 072 PLAN VIEW BROAD BEACH PROJECT California State Lands Commission BEACH NOURISHMENT 26+50 TO 42+?.1623:10 -- In . (ew- . . 2272?] BEFORE YOU DIG AT LW DAYS 1- DIN. TOLL FREE . . . . d?x Eur?Em DRAHNG SCALES SHOW BASED 22"!34' DRAWING 1n hum?rm Ifhn. nu uEvan??lcgcuginb gain/=35 002?;sz Eon/EuEIKOn/go/z9225 5:39 9.336 ".35 035. . "s ?Magyar ?if 883' ,6 lu?Hum?TBONT Pam MWMW .mm um .61; In: kg Eur?Em DRAWING SCALES SHOW BASED CN DRAWING '9 a 30% BROAD BEACH RESTORATION PROJECT [m TOLL FREE - California State Lands CommISSIon 1?800-227?2600 BEACH NOURISHMENT AT LEAST DAYS . . manor Chris Webb PLAN VIEW D4 BEFOIEYOLI mm Russ Boudreuu. Manama saw Mr or 9mm mum 57+50 T0 731-00 12 ovxzo? 1 6935 DRAHNG SCALES SHOW BASED 22"!34' DRAWING 70 7'0 PHOTO LOOKING WEST 60 60 TOWARD PT LECHUZA. BLUFF CONDITION IS TYPICAL FROM STATION +14 nounlsw TCE 710 (mum T10 _20 ?20 _30 ?50 0 50 150 200 250 SECTION TYPICAL ALONG WEST END OF BROAD BEACH (REACH A) OOK No As FROM 50 50 i THE TYPICAL BEACH 4-0 4-0 CONDITION ALONG REACH PROFILE ?10 as mm: RonL- T10 L?Emsrc mam SECTION 8?8 3 TYPICAL FROM STATION 15+00 T0 20+00 (REACH B) i PHOTO LOOKING EAST ALONC THE EXISTING REVETMENT 40 gl :w 40 THAT FROM DUNE ?mas ram "u PEOPLE 5 ?4 STATION TO THE 3 30 2 30 EAST END OF BROAD BEACH +20 20 :7 a; .115. 7' +12 DST mums IENT 20 10 5 Hz/nrx L, 7? - 7-- - 122m? 0 LEE: \fExl??Nc gamma 100 150 200 250 .300 i - SECTION 3' TYPICAL FOR REMAINDER OE PROJECT lg . FROM STATION TO EAST END OF BROAD BEACH (REACH C) 3 30% SUBMITTAL BROAD BEACH RESTORATION PROJECT I 7 DIAL TOLL FREE California State Lands Commission 2? 5935 17800722772600 5 AT LEISITHUDAYS [swim-r Robert Sloop. P.E. Chris Webb BEACH NOURISHMENT mm :54 my Aaron Holloway. P.E. Russ Boudreou. P.E. TYPICAL SECTIONS unnrmuo sum: um or 50mm puma mu m: 12 DRAWING SCALES SHOWN BASED ON DRAWING City Council Meeting 11-26-12 11-26-12 Item 6.B. Council Agenda Report To: To: Mayor La Monte the Honorable Members of the City Mayorand La Monte and the Honorable Members of the CityCouncil Council Preparedby:by: Stephanie Senior plannerCt Prepared Stephanie Danner, Danner, Senior PlannerC (3P Reviewed by: Joyce Parker-Bozylinski, AICP, AICP, Planning AC