CITY OF MALIBU
RUTH QUINTO
NOVEMBER 1, 2023 - NOVEMBER 30, 2023
ACCOUNT NUMBER:
Bond maturity schedule % OF
MATURING IN: AMOUNT MATURING CURRENT VALUE MATURING VALUE under 1 year 29,957,000.00 29,441,395.43 34.48
60,000,00 1 to 5 years 56,914,000.00 54,788,385.65 65.52 6 to 10 years 0.00 0.00 0.00
40,000,00 11 to 15 years 0.00 0.00 0.00
16 to 20 years 0.00 0.00 0.00
21 to 30 years 0.00 0.00 0.00
20,000,00 over 30 years 0.00 0.00 0.00
Total $86,871,000.00 $84,229,781.08 100.00%
0 under 1 1 - 5 6 - 10 11 - 15 16 - 20 21 - 30 Over 30
Years
Additional information
THIS PERIOD THIS YEAR THIS PERIOD THIS YEAR
Accrued interest on purchases -13,435.80 -637,912.36 Gross proceeds 1,500,000.00 11,010,522.44 Portfolio detail
Cash and Sweep Balances
Sweep Balances - You have the right, in the course of normal business operations, to withdraw balances in the Bank Deposit Sweep Program(s) or redeem shares of the money market mutual fund used in the sweep, subject to any open commitments in any of your accounts and have the proceeds returned to your accounts or remitted to you. The money market mutual funds in the sweep reserve the right to require one or more day's prior notice before permitting withdrawals.
Money Market Mutual Fund - Funds seek to preserve a value at $1.00 per share, but it is possible to lose money by investing in these funds. Investments in money market funds are not bank deposits and are not insured by the FDIC or any other government agency. They are instead covered by SIPC. Estimated Annual Yield on money market funds, when available, reflects the current estimated yield for the Interest Period dates displayed. For more complete information, including fees, expenses and risks, please request a prospectus from Your Financial Advisor.
% OF CURRENT EST MATED ESTIMATED CURRENT
DESCRIPTION ACCOUNT MARKET VALUE ANNUAL INCOME YIELD (%) Cash -1.62 -1,436,700.83 0.00 N/A
ALLSPRING 1.62 1,442,092.73 71,095.00 4.93
GOVERNMENT MONEY MARKET
Interest Period 11/01/23 - 11/30/23
Total Cash and Sweep Balances 0.01 $5,391.90 $71,095.00 072 ANCA ANC9
Amount Maturing
CITY OF MALIBU
RUTH QUINTO
NOVEMBER 1, 2023 - NOVEMBER 30, 2023
ACCOUNT NUMBER:
Fixed Income Securities
Corporate and municipal bonds and other fixed income securities are priced by a computerized pricing service or, for less actively traded issues, by utilizing a yield-based matrix system to arrive at an estimated market value.
Government Bonds
ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%)
US TREASURY
NOTES
CPN 2.750% DUE 02/15/24
DTD 02/15/14 FC 08/15/14
Moody AAA
CUSIP 912828B66
Acquired 06/21/23 S 4.95 4,422,000 98.53 4,357,419.53 99.4640 4,398,298.08 40,878.55 35,688.43 121,605 2.76
US TREASURY
NOTES
CPN 2.125% DUE 03/31/24
DTD 03/31/17 FC 09/30/17
Moody AAA
CUSIP 912828W71
Acquired 03/15/23 S 4.45 4,000,000 98.15 3,926,128.24 98.9570 3,958,280.00 32,151.76 14,398.91 85,000 2.14
US TREASURY
NOTES
CPN 2.500% DUE 04/30/24
DTD 04/30/22 FC 10/31/22
Moody AAA
CUSIP 91282CEK3
Acquired 05/18/23 S 1.11 1,000,000 97.93 979,328.56 98.8160 988,160.00 8,831.44 2,129.12 25,000 2.52
US TREASURY
NOTES
CPN 0.375% DUE 09/15/24
DTD 09/15/21 FC 03/15/22
Moody AAA
CUSIP 91282CCX7
Acquired 03/15/23 S 4.33 4,000,000 95.07 3,802,819.52 96.2460 3,849,840.00 47,020.48 3,173.08 15,000 0.38
US TREASURY
NOTES
CPN 2.250% DUE 10/31/24
DTD 10/31/17 FC 04/30/18
Moody AAA
CUSIP 9128283D0
Acquired 10/19/23 S 11.35 10,360,000 97.01 10,050,353.13 97.3510 10,085,563.60 35,210.47 19,851.93 233,100 2.31 072 ANCA ANC9
CITY OF MALIBU
RUTH QUINTO
NOVEMBER 1, 2023 - NOVEMBER 30, 2023
ACCOUNT NUMBER:
Fixed Income Securities
Government Bonds continued
ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%)
US TREASURY
NOTES
CPN 4.250% DUE 12/31/24
DTD 01/03/23 FC 06/30/23
Moody AAA
CUSIP 91282CGD7
Acquired 10/02/23 S 4.78 4,290,000 98.88 4,242,319.62 99.0350 4,248,601.50 6,281.88 76,299.05 182,325 4.29
US TREASURY
NOTES
CPN 1.500% DUE 02/15/25
DTD 02/15/22 FC 08/15/22
Moody AAA
CUSIP 91282CDZ1
Acquired 08/09/23 S 5.62 5,215,000 95.21 4,965,249.23 95.8430 4,998,212.45 32,963.22 22,957.34 78,225 1.56
US TREASURY
NOTES
CPN 1.750% DUE 03/15/25
DTD 03/15/22 FC 09/15/22
Moody AAA
CUSIP 91282CED9
Acquired 03/15/23 S 4,000,000 96.35 3,854,194.52 3,837,960.00 -16,234.52 Acquired 08/10/23 S 5,330,000 95.31 5,080,154.94 5,114,081.70 33,926.76 Total 10.07 9,330,000 $95.75 $8,934,349.46 95.9490 $8,952,041.70 $17,692.24 $34,538.95 $163,275 1.82
US TREASURY
NOTES
CPN 3.125% DUE 08/15/25
DTD 08/15/22 FC 02/15/23
Moody AAA
CUSIP 91282CFE6
Acquired 11/30/23 S 1.60 1,465,000 97.59 1,429,755.44 97.2300 1,424,419.50 -5,335.94 13,435.81 45,781 3.21
US TREASURY
NOTES
CPN 3.500% DUE 09/15/25
DTD 09/15/22 FC 03/15/23
Moody AAA
CUSIP 91282CFK2
Acquired 03/15/23 S 4,000,000 99.85 3,994,132.00 3,911,680.00 -82,452.00 Acquired 08/09/23 S 15,120,000 97.78 14,785,075.41 14,786,150.40 1,074.99 072 ANCA ANC9
CITY OF MALIBU
RUTH QUINTO
NOVEMBER 1, 2023 - NOVEMBER 30, 2023
ACCOUNT NUMBER:
Fixed Income Securities
Government Bonds continued
ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%) Total 21.04 19,120,000 $18,779,207.4 97.7920 $18,697,830.40 -$81,377.01 $141,561.54 $669,200 3.58 $98.21 1
US TREASURY
NOTES
CPN 2.250% DUE 03/31/26
DTD 03/31/19 FC 09/30/19
Moody AAA
CUSIP 9128286L9
Acquired 03/15/23 S 4.27 4,000,000 96.38 3,855,382.00 94.8710 3,794,840.00 -60,542.00 15,245.90 90,000 2.37
US TREASURY
NOTES
CPN 0.750% DUE 08/31/26
DTD 08/31/21 FC 02/28/22
Moody AAA
CUSIP 91282CCW9
Acquired 03/15/23 S 4.07 4,000,000 91.07 3,643,007.00 90.4140 3,616,560.00 -26,447.00 7,582.42 30,000 0.82
US TREASURY
NOTES
CPN 2.500% DUE 03/31/27
DTD 03/31/22 FC 09/30/22
Moody AAA
CUSIP 91282CEF4
Acquired 03/15/23 S 4.24 4,000,000 96.45 3,858,132.00 94.1280 3,765,120.00 -93,012.00 16,939.89 100,000 2.65
US TREASURY
NOTES
CPN 3.125% DUE 08/31/27
DTD 08/31/22 FC 02/28/23
Moody AAA
CUSIP 91282CFH9
Acquired 03/15/23 S 2.04 1,894,000 98.59 1,867,461.42 95.6250 1,811,137.50 -56,323.92 14,959.48 59,188 3.26 Total Government Bonds 83.92 77,096,000 $74,690,912.5 $74,588,904.73 -$102,007.83 $418,761.85 $1,897,699 2.54 6 072 ANCA ANC9
CITY OF MALIBU
RUTH QUINTO
NOVEMBER 1, 2023 - NOVEMBER 30, 2023
ACCOUNT NUMBER:
Fixed Income Securities
Certificates of Deposit
Long-term certificates of deposit (maturity beyond one year from date of issue) are priced using a market value pricing model.
ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%) MORGAN STANLEY PVT BK CD ^
PURCHASE NY ACT/365
FDIC INSD
CPN 3.550% DUE 12/06/23
DTD 12/06/18 FC 06/06/19
CUSIP 61760ASZ3
Acquired 11/28/18 L 0.28 250,000 100.00 250,000.00 99.9420 249,855.00 -145.00 4,328.09 8,875 3.55 BANK HOPE CD ^
LOS ANGELES CA ACT/365
FDIC INSURED
CPN 5.250% DUE 12/26/23
DTD 03/24/23 FC 12/26/23
CUSIP 062683HE0
Acquired 03/14/23 S nc 0.28 250,000 100.00 250,000.00 99.9900 249,975.00 -25.00 9,061.65 13,125 5.25 BANK OZK CD ^
LITTLE ROCK AR ACT/365
FDIC INSD
CPN 5.000% DUE 01/22/24
DTD 05/22/23 FC 06/22/23
CUSIP 06418CHC3
Acquired 05/18/23 S nc 0.28 250,000 100.00 250,000.00 99.9580 249,895.00 -105.00 308.22 12,500 5.00
BEAL BANK USA CD
LAS VEGAS NV ACT/365
FDIC INSD
CPN 4.750% DUE 02/21/24
DTD 02/22/23 FC 02/21/24
CUSIP 07371DRD1
Acquired 02/09/23 S nc 0.28 250,000 100.00 250,000.00 99.8210 249,552.50 -447.50 9,174.65 11,875 4.75
HANCOCK WHITNEY BANK CD
GULFPORT MS ACT/365
FDIC INSD
CPN 5.250% DUE 02/26/24
DTD 05/25/23 FC 02/26/24
CUSIP 41024LBS7
Acquired 05/18/23 S nc 0.28 250,000 100.00 250,000.00 99.9380 249,845.00 -155.00 6,832.19 13,125 5.25 072 ANCA ANC9
CITY OF MALIBU
RUTH QUINTO
NOVEMBER 1, 2023 - NOVEMBER 30, 2023
ACCOUNT NUMBER:
Fixed Income Securities
Certificates of Deposit continued
ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%)
BRADESCO BANK CD
CORAL GABLES FL ACT/365
FDIC INSD
CPN 5.200% DUE 03/04/24
DTD 06/02/23 FC 03/04/24
CUSIP 10421AAB3
Acquired 05/18/23 S nc 0.28 250,000 100.00 250,000.00 99.9200 249,800.00 -200.00 6,482.20 13,000 5.20
SANTANDER BANK NA CD
WILMINGTON DE ACT/365
FDIC INSD
CPN 5.250% DUE 03/15/24
DTD 03/17/23 FC 03/15/24
CUSIP 80280JVQ1
Acquired 03/15/23 S nc 0.28 250,000 100.00 250,000.00 99.9060 249,765.00 -235.00 9,313.36 13,125 5.25
WEBBANK CD
SALT LAKE CITY UTACT/365
FDIC INSURED
CPN 5.250% DUE 03/19/24
DTD 03/20/23 FC 03/19/24
CUSIP 947547US2
Acquired 03/15/23 S nc 0.28 250,000 100.00 250,000.00 99.9030 249,757.50 -242.50 9,205.48 13,125 5.25
BARCLAYS BANK/DELAWAR CD
WILMINGTON DE ACT/365
FDIC INSD
CPN 5.400% DUE 03/21/24
DTD 03/22/23 FC 03/21/24
CUSIP 06740KRN9
Acquired 03/14/23 S nc 0.28 250,000 100.00 250,000.00 99.9450 249,862.50 -137.50 9,394.52 13,500 5.40
CITIZENS BANK NA/RI CD
PROVIDENCE RI ACT/365
FDIC INSD
CPN 5.300% DUE 03/21/24
DTD 03/22/23 FC 03/21/24
CUSIP 75524KQH0
Acquired 03/15/23 S nc 0.28 250,000 100.00 250,000.00 99.9160 249,790.00 -210.00 9,220.55 13,250 5.30 072 ANCA ANC9
CITY OF MALIBU
RUTH QUINTO
NOVEMBER 1, 2023 - NOVEMBER 30, 2023
ACCOUNT NUMBER:
Fixed Income Securities
Certificates of Deposit continued
ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%)
OCEANFIRST BANK NA CD
TOMS RIVER NJ ACT/365
FDIC INSD
CPN 5.150% DUE 03/21/24
DTD 03/22/23 FC 03/21/24
CUSIP 67523TCE1
Acquired 03/15/23 S nc 0.28 250,000 100.00 250,000.00 99.8720 249,680.00 -320.00 8,959.59 12,875 5.15
RENASANT BK TUPELO MS CD
TUPELO MS ACT/365
FDIC INSD
CPN 5.300% DUE 03/21/24
DTD 03/22/23 FC 03/21/24
CUSIP 759701BH7
Acquired 03/15/23 S nc 0.28 250,000 100.00 250,000.00 99.9160 249,790.00 -210.00 9,220.55 13,250 5.30
CHARLES SCHWAB BK SSB CD
RENO NV ACT/365
FDIC INSD
CPN 5.350% DUE 03/22/24
DTD 03/17/23 FC 09/17/23
CUSIP 15987UAU2
Acquired 03/15/23 S 0.28 250,000 100.00 250,000.00 99.8820 249,705.00 -295.00 2,748.28 13,375 5.35
HEARTLAND BANK & TR CD
BLOOMINGTON IL ACT/365
FDIC INSD
CPN 5.450% DUE 04/29/24
DTD 09/27/23 FC 04/29/24
CUSIP 42234FDP8
Acquired 09/20/23 S nc 0.28 250,000 100.00 250,000.00 100.0030 250,007.50 7.50 2,426.37 13,625 5.44
ASSOCIATED BK GREEN B CD
STEVENS POINT WI ACT/365
FDIC INSD
CPN 5.150% DUE 05/21/24
DTD 05/22/23 FC 05/21/24
CUSIP 045491NU7
Acquired 05/18/23 S nc 0.28 250,000 100.00 250,000.00 99.8140 249,535.00 -465.00 6,807.87 12,875 5.15 072 ANCA ANC9
CITY OF MALIBU
RUTH QUINTO
NOVEMBER 1, 2023 - NOVEMBER 30, 2023
ACCOUNT NUMBER:
Fixed Income Securities
Certificates of Deposit continued
ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%)
GOLDMAN SACHS BK USA CD
NEW YORK NY ACT/365
FDIC INSD
CPN 5.000% DUE 05/22/24
DTD 05/24/23 FC 05/22/24
CUSIP 38150VHQ5
Acquired 05/18/23 S nc 0.28 250,000 100.00 250,000.00 99.7450 249,362.50 -637.50 6,541.10 12,500 5.01
AMERICAN EXPR NATL BK CD
SALT LAKE CTY UT ACT/365
FDIC INSD
CPN 5.100% DUE 05/23/24
DTD 05/24/23 FC 05/23/24
CUSIP 02589AET5
Acquired 05/18/23 S nc 0.06 50,000 100.00 50,000.00 99.7900 49,895.00 -105.00 1,334.39 2,550 5.11
BANK OF AMERICA NA CD
CHARLOTTE NC ACT/365
FDIC INSD
CPN 5.150% DUE 05/23/24
DTD 05/24/23 FC 05/23/24
CUSIP 06051VT89
Acquired 05/18/23 S nc 0.28 250,000 100.00 250,000.00 99.8130 249,532.50 -467.50 6,737.33 12,875 5.15
US BANK NATL ASSOC CD
MINNEAPOLIS MN ACT/365
FDIC INSD
CPN 5.100% DUE 05/23/24
DTD 05/24/23 FC 05/23/24
CUSIP 90354KBV9
Acquired 05/18/23 S nc 0.28 250,000 100.00 250,000.00 99.7900 249,475.00 -525.00 6,671.92 12,750 5.11
CAPITAL ONE NA CD
MCLEAN VA ACT/365
FDIC INSURED
CPN 2.500% DUE 06/19/24
DTD 06/19/19 FC 12/19/19
CUSIP 14042RLZ2
Acquired 06/18/19 L 0.28 250,000 100.00 250,000.82 98.4050 246,012.50 -3,988.32 2,825.34 6,250 2.54 100.00 250,007.00
072 ANCA ANC9
CITY OF MALIBU
RUTH QUINTO
NOVEMBER 1, 2023 - NOVEMBER 30, 2023
ACCOUNT NUMBER:
Fixed Income Securities
Certificates of Deposit continued
ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%)
FULTON BANK CD
WILLIAMSPORT PA ACT/365
FDIC INSD
CPN 5.350% DUE 06/24/24
DTD 03/22/23 FC 09/22/23
CUSIP 359899AN1
Acquired 03/14/23 S 0.28 250,000 100.00 250,000.00 99.9550 249,887.50 -112.50 5,936.30 13,375 5.35
COMENITY CAPITAL BANK CD
SALT LAKE CTY UT ACT/365
FDIC INSD
CPN 2.500% DUE 06/27/24
DTD 06/27/19 FC 07/27/19
CUSIP 20033AZ58
Acquired 06/18/19 L 0.14 125,000 100.00 125,000.00 98.3430 122,928.75 -2,071.25 34.25 3,125 2.54
CUSTOMERS BANK CD
WEST READING PA ACT/365
FDIC INSD
CPN 4.700% DUE 08/16/24
DTD 02/16/23 FC 08/16/23
CUSIP 23204HNC8
Acquired 02/09/23 S 0.28 250,000 100.00 250,000.00 99.3920 248,480.00 -1,520.00 3,444.52 11,750 4.72
MORGAN STANLEY BK NA CD
SOUTH JORDAN UT ACT/365
FDIC INSD
CPN 5.500% DUE 09/26/24
DTD 09/27/23 FC 09/26/24
CUSIP 61690DEM6
Acquired 09/20/23 S nc 0.28 250,000 100.00 250,000.00 99.9010 249,752.50 -247.50 2,448.63 13,750 5.50
BANK OF BARODA CD
NEW YORK NY ACT/365
FDIC INSD
CPN 5.500% DUE 09/27/24
DTD 09/28/23 FC 09/27/24
CUSIP 06063HRH8
Acquired 09/20/23 S nc 0.28 250,000 100.00 250,000.00 99.9000 249,750.00 -250.00 2,410.96 13,750 5.50 072 ANCA ANC9
CITY OF MALIBU
RUTH QUINTO
NOVEMBER 1, 2023 - NOVEMBER 30, 2023
ACCOUNT NUMBER:
Fixed Income Securities
Certificates of Deposit continued
ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%)
COMERICA BANK TEXAS CD
DALLAS TX ACT/365
FDIC INSD
CPN 5.250% DUE 09/30/24
DTD 03/30/23 FC 09/30/23
CUSIP 200339FB0
Acquired 03/20/23 S 0.28 250,000 100.00 250,000.00 99.7450 249,362.50 -637.50 2,229.45 13,125 5.26
BANK HAPOALIM BM NY CD
NEW YORK NY ACT/365
FDIC INSD
CPN 5.050% DUE 11/26/24
DTD 05/26/23 FC 11/26/23
CUSIP 06251A5N6
Acquired 05/18/23 S 0.28 250,000 100.00 250,000.00 99.4910 248,727.50 -1,272.50 172.95 12,625 5.07
MANUF & TRADERS TR CO CD
BUFFALO NY ACT/365
FDIC INSD
CPN 4.900% DUE 12/09/24
DTD 12/07/22 FC 06/07/23
CUSIP 564759RJ9
Acquired 11/28/22 L 0.28 250,000 100.00 250,000.00 99.3600 248,400.00 -1,600.00 5,940.41 12,250 4.93
AMERICAN EXPR NATL BK CD
SALT LAKE CTY UT ACT/365
FDIC INSD
CPN 2.050% DUE 03/24/25
DTD 03/23/22 FC 09/23/22
CUSIP 02589ABV3
Acquired 03/17/22 L 0.22 200,000 100.00 200,000.00 95.7000 191,400.00 -8,600.00 775.07 4,100 2.14
ALLY BANK CD
BENSALEM PA ACT/365
FDIC INSD
CPN 5.250% DUE 03/24/25
DTD 03/23/23 FC 09/23/23
CUSIP 02007GM34
Acquired 03/14/23 S 0.28 250,000 100.00 250,000.00 99.7070 249,267.50 -732.50 2,481.17 13,125 5.26 072 ANCA ANC9
CITY OF MALIBU
RUTH QUINTO
NOVEMBER 1, 2023 - NOVEMBER 30, 2023
ACCOUNT NUMBER:
Fixed Income Securities
Certificates of Deposit continued
ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%)
WELLS FARGO BANK NA CD
SIOUX FALLS SD ACT/365
FDIC INSD
CPN 4.900% DUE 05/23/25
DTD 05/23/23 FC 06/23/23
CUSIP 949764CT9
Acquired 05/18/23 S 0.28 250,000 100.00 250,000.00 99.2650 248,162.50 -1,837.50 268.49 12,250 4.93
BMO HARRIS BANK NA CD
CHICAGO IL ACT/365
FDIC INSD
CPN 4.850% DUE 05/27/25
DTD 05/24/23 FC 11/24/23
CUSIP 05600XQK9
Acquired 05/18/23 S 0.28 250,000 100.00 250,000.00 99.1840 247,960.00 -2,040.00 232.54 12,125 4.88
AMERICAN COML BK & TR CD
OTTAWA IL ACT/365
FDIC INSD
CPN 5.000% DUE 06/06/25
DTD 12/06/23 FC 01/06/24
CUSIP 02519ACB1
Acquired 11/29/23 S 0.28 250,000 100.00 250,000.00 100.0000 250,000.00 0.00 N/A 12,500 5.00
BMW BK N AMERICA CD
SALT LAKE CTY UT ACT/365
FDIC INSD
CPN 5.100% DUE 09/17/25
DTD 03/17/23 FC 09/17/23
CUSIP 05580AX58
Acquired 03/14/23 S 0.28 250,000 100.00 250,000.00 99.5820 248,955.00 -1,045.00 2,619.86 12,750 5.12
STATE BANK OF INDIA CD
NEW YORK NY ACT/365
FDIC INSD
CPN 4.950% DUE 12/02/25
DTD 12/02/22 FC 06/02/23
CUSIP 856285V81
Acquired 11/28/22 L 0.28 250,000 100.00 250,000.00 99.3640 248,410.00 -1,590.00 6,170.54 12,375 4.98 072 ANCA ANC9
CITY OF MALIBU
RUTH QUINTO
NOVEMBER 1, 2023 - NOVEMBER 30, 2023
ACCOUNT NUMBER:
Fixed Income Securities
Certificates of Deposit continued
ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%)
COMENITY BANK CD
WILMINGTON DE ACT/365
JUMBO CD FDIC INSURED
CPN 2.000% DUE 03/18/26
DTD 03/18/22 FC 04/18/22
CUSIP 99000QQW7
Acquired 03/15/22 L 0.21 200,000 100.00 200,000.00 93.0653 186,130.60 -13,869.40 142.47 4,000 2.14
SYNCHRONY BANK CD
DRAPER UT ACT/365
FDIC INSD
CPN 5.000% DUE 03/24/26
DTD 03/24/23 FC 09/24/23
CUSIP 87165HX21
Acquired 03/14/23 S 0.28 250,000 100.00 250,000.00 99.4880 248,720.00 -1,280.00 2,328.77 12,500 5.02
TEXAS EXCHANGE BK SSB CD
CROWLEY TX ACT/365
CALLABLE FDIC INSD
CPN 1.100% DUE 10/29/26
DTD 10/29/21 FC 11/29/21
CALL 12/29/23 @ 100.000
CUSIP 88241TMC1
Acquired 10/22/21 L 0.25 250,000 100.00 250,000.00 89.1070 222,767.50 -27,232.50 15.06 2,750 1.23
DISCOVER BANK CD
GREENWOOD DE ACT/365
FDIC INSD
CPN 4.950% DUE 11/16/26
DTD 11/15/22 FC 05/15/23
CUSIP 254673Z66
Acquired 11/09/22 L 0.22 200,000 100.00 200,000.00 99.5410 199,082.00 -918.00 433.97 9,900 4.97
UBS BANK USA CD
SALT LAKE CTY UT ACT/365
FDIC INSD
CPN 1.150% DUE 12/08/26
DTD 12/08/21 FC 01/08/22
CUSIP 90348JX96
Acquired 11/30/21 L 0.25 250,000 100.00 250,000.00 88.8900 222,225.00 -27,775.00 181.17 2,875 1.29 072 ANCA ANC9
CITY OF MALIBU
RUTH QUINTO
NOVEMBER 1, 2023 - NOVEMBER 30, 2023
ACCOUNT NUMBER:
Fixed Income Securities
Certificates of Deposit continued
ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%)
CELTIC BANK CD
SALT LAKE CTY UT ACT/365
FDIC INSD
CPN 2.000% DUE 12/27/27
DTD 12/27/19 FC 01/27/20
CUSIP 15118RTH0
Acquired 12/09/19 L 0.25 250,000 100.00 250,000.00 87.7660 219,415.00 -30,585.00 54.80 5,000 2.27 Total Certificates of Deposit 10.85 9,775,000 $9,775,000.82 $9,640,876.35 -$134,124.47 $165,915.03 $448,425 4.65 $9,775,007.00
Total Fixed Income Securities 94.76 $84,465,913.3 $84,229,781.08 -$236,132.30 $584,676.88 $2,346,124 2.79 8 $84,465,919.5
6 ^ Denotes Certificate of Deposit with a maturity date in the next 60 days. Please contact us for further investment opportunities or any assistance. nc Cost information for this tax lot is not covered by IRS reporting requirements. Unless indicated, cost for all other lots will be reported to the IRS.
Mutual Funds
If a portion of your fund position was converted, the 'Client Investment' value may include reinvestments from previously held positions.
Open End Mutual Funds
Open End Mutual Fund shares are priced at net asset value. Estimated Annual Income and Yield refer to Dividends and Interest Income only, and typically do not reflect Total return.
EST MATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INCOME YIELD (%)
FIDELITY FUNDS
FIDELITY TREASURY ONLY
PORT INSTL CLASS SHS
FRSXX
On Reinvestment
Acquired 03/17/23 S nc 4,510,522.44000 1.00 4,510,522.44 4,510,522.44 0.00 Reinvestments S nc 137,744.10000 1.00 137,744.10 137,744.10 0.00 Total 5.23 4,648,266.54000 $1.00 $4,648,266.54 1.0000 $4,648,266.54 $0.00 $249,147 5.36 072 ANCA ANC9
CITY OF MALIBU
RUTH QUINTO
NOVEMBER 1, 2023 - NOVEMBER 30, 2023
ACCOUNT NUMBER:
Mutual Funds
Open End Mutual Funds continued
EST MATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INCOME YIELD (%) Client Investment (Excluding Reinvestments) $4,510,522.44 Gain/Loss on Client Investment (Including Reinvestments) $137,744.10 Total Open End Mutual Funds 5.23 $4,648,266.54 $4,648,266.54 $0.00 $249,147 5.36 Total Mutual Funds 5.23 $4,648,266.54 $4,648,266.54 $0.00 $249,147 5.36 nc Cost information for this tax lot is not covered by IRS reporting requirements. Unless indicated, cost for all other lots will be reported to the IRS.
Activity detail
Income and distributions
DATE ACCOUNT TYPE TRANSACTION QUANTITY DESCRIPTION PRICE AMOUNT 11/01 Cash DIVIDEND FIDELITY FUNDS 20,683.37
FIDELITY TREASURY ONLY
PORT INSTL CLASS SHS
103123 4,627,583.17000
AS OF 10/31/23
11/08 Cash INTEREST UBS BANK USA CD 244.18
SALT LAKE CTY UT ACT/365
FDIC INSD
CPN 1.150% DUE 12/08/26
DTD 12/08/21 FC 01/08/22
110823 250,000
CUSIP 90348JX96
11/15 Cash INTEREST DISCOVER BANK CD 4,990.68
GREENWOOD DE ACT/365
FDIC INSD
CPN 4.950% DUE 11/16/26
DTD 11/15/22 FC 05/15/23
111523 200,000
CUSIP 254673Z66
072 ANCA ANC9
CITY OF MALIBU
RUTH QUINTO
NOVEMBER 1, 2023 - NOVEMBER 30, 2023
ACCOUNT NUMBER:
Activity detail continued
Income and distributions
DATE ACCOUNT TYPE TRANSACTION QUANTITY DESCRIPTION PRICE AMOUNT 11/20 Cash INTEREST COMENITY BANK CD 339.73
WILMINGTON DE ACT/365
JUMBO CD FDIC INSURED
CPN 2.000% DUE 03/18/26
DTD 03/18/22 FC 04/18/22
111823 200,000
AS OF 11/18/23
CUSIP 99000QQW7
11/22 Cash INTEREST BANK OZK CD 1,061.64
LITTLE ROCK AR ACT/365
FDIC INSD
CPN 5.000% DUE 01/22/24
DTD 05/22/23 FC 06/22/23
112223 250,000
CUSIP 06418CHC3
11/24 Cash INTEREST BANK OF CHINA/NEW YOR CD 6,490.41
NEW YORK NY ACT/365
FDIC INSD
CPN 5.150% DUE 11/24/23
DTD 05/24/23 FC 11/24/23
112423 250,000
CUSIP 06428FH26
11/24 Cash INTEREST FIRST HORIZON BANK CD 6,490.41
MEMPHIS TN ACT/365
FDIC INSD
CPN 5.150% DUE 11/24/23
DTD 05/24/23 FC 11/24/23
112423 250,000
CUSIP 337158AV1
11/24 Cash INTEREST BMO HARRIS BANK NA CD 6,112.33
CHICAGO IL ACT/365
FDIC INSD
CPN 4.850% DUE 05/27/25
DTD 05/24/23 FC 11/24/23
112423 250,000
CUSIP 05600XQK9
072 ANCA ANC9
CITY OF MALIBU
RUTH QUINTO
NOVEMBER 1, 2023 - NOVEMBER 30, 2023
ACCOUNT NUMBER:
Activity detail continued
Income and distributions
DATE ACCOUNT TYPE TRANSACTION QUANTITY DESCRIPTION PRICE AMOUNT 11/24 Cash INTEREST MIZUHO BANK USA CD 6,301.37
NEW YORK NY ACT/365
FDIC INSURED
CPN 5.000% DUE 11/24/23
DTD 05/24/23 FC 11/24/23
112423 250,000
CUSIP 60700PB26
11/24 Cash INTEREST WELLS FARGO BANK NA CD 1,040.41
SIOUX FALLS SD ACT/365
FDIC INSD
CPN 4.900% DUE 05/23/25
DTD 05/23/23 FC 06/23/23
112323 250,000
AS OF 11/23/23
CUSIP 949764CT9
11/27 Cash INTEREST BANK HAPOALIM BM NY CD 6,364.38
NEW YORK NY ACT/365
FDIC INSD
CPN 5.050% DUE 11/26/24
DTD 05/26/23 FC 11/26/23
112623 250,000
AS OF 11/26/23
CUSIP 06251A5N6
11/27 Cash INTEREST BANC CALIF NA CD 6,462.33
IRVINE CA ACT/365
FDIC INSURED
CPN 5.100% DUE 11/27/23
DTD 05/26/23 FC 11/27/23
112723 250,000
CUSIP 05961SQX5
11/27 Cash INTEREST CELTIC BANK CD 424.66
SALT LAKE CTY UT ACT/365
FDIC INSD
CPN 2.000% DUE 12/27/27
DTD 12/27/19 FC 01/27/20
112723 250,000
CUSIP 15118RTH0
072 ANCA ANC9
CITY OF MALIBU
RUTH QUINTO
NOVEMBER 1, 2023 - NOVEMBER 30, 2023
ACCOUNT NUMBER:
Activity detail continued
Income and distributions
DATE ACCOUNT TYPE TRANSACTION QUANTITY DESCRIPTION PRICE AMOUNT 11/27 Cash INTEREST COMENITY CAPITAL BANK CD 265.41
SALT LAKE CTY UT ACT/365
FDIC INSD
CPN 2.500% DUE 06/27/24
DTD 06/27/19 FC 07/27/19
112723 125,000
CUSIP 20033AZ58
11/27 Cash INTEREST TRUSTMARK NATL BK CD 6,525.68
JACKSON MISS ACT/365
FDIC INSURED
CPN 5.150% DUE 11/27/23
DTD 05/26/23 FC 11/27/23
112723 250,000
CUSIP 898401DA9
11/29 Cash INTEREST TEXAS EXCHANGE BK SSB CD 233.56
CROWLEY TX ACT/365
CALLABLE FDIC INSD
CPN 1.100% DUE 10/29/26
DTD 10/29/21 FC 11/29/21
112923 250,000
CUSIP 88241TMC1
11/30 Cash INTEREST MIZRAHI TEFAHOT BANK/ CD 6,490.41
LOS ANGELES CA ACT/365
FDIC INSD
CPN 5.150% DUE 11/30/23
DTD 05/30/23 FC 11/30/23
113023 250,000
CUSIP 60685BQB0
11/30 Cash DIVIDEND ALLSPRING 1,199.98
GOVERNMENT MONEY MARKET
SWEEP CLASS
113023 1,440,892
Total Income and distributions: $81,720.94
072 ANCA ANC9
CITY OF MALIBU
RUTH QUINTO
NOVEMBER 1, 2023 - NOVEMBER 30, 2023
ACCOUNT NUMBER:
Activity detail continued
Securities sold and redeemed
DATE ACCOUNT TYPE TRANSACTION QUANTITY DESCRIPTION PRICE AMOUNT 11/24 Cash REDEMPTION -250,000.00000 BANK OF CHINA/NEW YOR CD 250,000.00 NEW YORK NY ACT/365
FDIC INSD
CPN 5.150% DUE 11/24/23
DTD 05/24/23 FC 11/24/23
CUSIP 06428FH26
11/24 Cash REDEMPTION -250,000.00000 FIRST HORIZON BANK CD 250,000.00 MEMPHIS TN ACT/365
FDIC INSD
CPN 5.150% DUE 11/24/23
DTD 05/24/23 FC 11/24/23
CUSIP 337158AV1
11/24 Cash REDEMPTION -250,000.00000 MIZUHO BANK USA CD 250,000.00 NEW YORK NY ACT/365
FDIC INSURED
CPN 5.000% DUE 11/24/23
DTD 05/24/23 FC 11/24/23
CUSIP 60700PB26
11/27 Cash REDEMPTION -250,000.00000 BANC CALIF NA CD 250,000.00 IRVINE CA ACT/365
FDIC INSURED
CPN 5.100% DUE 11/27/23
DTD 05/26/23 FC 11/27/23
CUSIP 05961SQX5
11/27 Cash REDEMPTION -250,000.00000 TRUSTMARK NATL BK CD 250,000.00 JACKSON MISS ACT/365
FDIC INSURED
CPN 5.150% DUE 11/27/23
DTD 05/26/23 FC 11/27/23
CUSIP 898401DA9
11/30 Cash REDEMPTION -250,000.00000 MIZRAHI TEFAHOT BANK/ CD 250,000.00 LOS ANGELES CA ACT/365
FDIC INSD
CPN 5.150% DUE 11/30/23
DTD 05/30/23 FC 11/30/23
CUSIP 60685BQB0
Total Securities sold and redeemed: $1,500,000.00
072 ANCA ANC9
CITY OF MALIBU
RUTH QUINTO
NOVEMBER 1, 2023 - NOVEMBER 30, 2023
ACCOUNT NUMBER:
Activity detail continued
Securities purchased
DATE ACCOUNT TYPE TRANSACTION QUANTITY DESCRIPTION PRICE AMOUNT 11/01 Cash REINVEST DIV 20,683.37000 FIDELITY FUNDS -20,683.37
FIDELITY TREASURY ONLY
PORT INSTL CLASS SHS
REINVEST AT 1.000
11/29 Cash PURCHASE 250,000.00000 AMERICAN COML BK & TR CD 100.0000 -250,000.00 OTTAWA IL ACT/365
FDIC INSD
CPN 5.000% DUE 06/06/25
DTD 12/06/23 FC 01/06/24
CUSIP 02519ACB1
11/30 Cash PURCHASE 1,465,000.00000 US TREASURY 97.5937 -1,429,755.44 ACCRUED INT NOTES -13,435.80
CPN 3.125% DUE 08/15/25
DTD 08/15/22 FC 02/15/23
CUSIP 91282CFE6
Total Securities purchased: -$1,713,874.61
Cash sweep activity
Our Cash Sweep program allows you to earn a return on the idle cash balances in your account by automatically investing such balances into one of our cash sweep options. These 'sweep transactions' may represent a net amount for the day and occur on settlement date. The following section displays transfers into and out of your sweep option. Transactions displayed here are Transfer To, Transfer From and Reinvested Dividends and Interest. These transaction amounts are not included in your cash flow summary.
DATE TRANSACTION DESCRIPTION AMOUNT DATE TRANSACTION DESCRIPTION AMOUNT 11/01 BEGINNING BALANCE 8,495.57 11/27 TRANSFER TO ALLSPRING 776,434.93
GOVERNMENT MONEY MARKET
11/01 TRANSFER TO ALLSPRING 129,050.00 11/28 TRANSFER TO ALLSPRING 520,042.46
GOVERNMENT MONEY MARKET GOVERNMENT MONEY MARKET
11/09 TRANSFER TO ALLSPRING 244.18 11/30 REINVEST DIV ALLSPRING 1,199.98
GOVERNMENT MONEY MARKET GOVERNMENT MONEY MARKET
11/16 TRANSFER TO ALLSPRING 4,990.68 11/30 TRANSFER TO ALLSPRING 233.56
GOVERNMENT MONEY MARKET GOVERNMENT MONEY MARKET
11/21 TRANSFER TO ALLSPRING 339.73 11/30 ENDING BALANCE 1,442,092.73
GOVERNMENT MONEY MARKET
11/24 TRANSFER TO ALLSPRING 1,061.64
GOVERNMENT MONEY MARKET
072 ANCA ANC9
CITY OF MALIBU
RUTH QUINTO
NOVEMBER 1, 2023 - NOVEMBER 30, 2023
ACCOUNT NUMBER:
Bank Deposits Through Teller November 1 - November 30
Wells Fargo Bank, N.A. (Member FDIC) Account number Questions? Call us at 1-800-266-6263 Deposits made in a bank branch on the last business day of the month will typically appear on your next statement.
DATE TRANSACTION DESCRIPTION AMOUNT BANK BALANCE
11/01 BEGINNING BALANCE $0.00
11/30 ENDING BALANCE $0.00
Specific instructions and disclosures
Available funds
"Available for loan" reflects the approximate amount available as of the statement period ending date and should be reduced by any pending checks and Visa charges not yet cleared. This amount is the approximate amount available for withdrawal and loans. A margin loan is a variable rate loan secured by your account.
Income on non-reportable accounts
Your income summary is categorized into taxable and tax-exempt income based upon the securities that you hold. Please be aware that, since this is a 1099 non-reportable account, this income will NOT be reported to the IRS, but is being provided to you for informational purposes only.
Callable Securities
Securities that are subject to a partial call will be selected by an impartial lottery process in which the probability of your securities being selected for redemption is proportional to the holdings of all shareholders of such securities held in street name. If a security is called prior to maturity it may affect the yield you receive. Additional information is available at www.wellsfargoadvisors.com under Legal Disclosures or the written procedures are available upon request. 072 ANCA ANC9
CITY OF MALIBU
RUTH QUINTO
NOVEMBER 1, 2023 - NOVEMBER 30, 2023
ACCOUNT NUMBER:
Cost basis - To add or update information or modify your reporting options, please contact Your Financial Advisor.
This statement presents estimated unrealized or realized gains or losses for your information only. If acquisition or other information is not available, the gain/loss information may not be displayed and section and summary totals may not reflect your complete portfolio. Cost basis information is not verified by WFCS or Wells Fargo Advisors Financial Network and should not be relied upon for legal or tax purposes. Revisions to this information (due to corporate mergers, tenders and other reorganizations) may be required from time to time.
Cost basis for factored bonds (GNMA, CMO, etc.) will be adjusted for paydown of principal. Systematic investments in mutual funds and reinvested dividends for mutual funds and stocks have been consolidated for each position. Unit cost data for systematic investments and dividend reinvestment securities is provided for informational purposes only and is a non-weighted average.
Your account statement should not be used for tax preparation without assistance from your tax consultant. We do not report capital gains or losses for non-covered securities to he IRS.
Cost basis options
Unless specific tax lots are selected at trade time, sales of tax lots will occur using the cost basis election reflected in the Account profile section.
Estimated accrued interest on Fixed Income securities
Estimated accrued interest is included in the Portfolio summary as a convenience to you and represents the estimated portion of he interest that would be received upon the sale of he Fixed Income posi ions in your account, calculated from the date of the last coupon (or dated date) through the date of the account statement, based upon information provided by the issuer. This is not a guarantee that this amount will be realized in your account. Actual income will be based upon the payout schedule of the securities held in your account. If you own a Foreign Fixed Income security, and it is denominated in a foreign currency, the Estimated accrued interest will not be accurate. 072 ANCA ANC9
Agenda Item # 3.B.14.
Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Richard Mollica, Planning Director
Reviewed by: Patricia Salazar, Development and Operations Manager Approved by: Steve McClary, City Manager
Date prepared: December 13, 2023 Meeting date: January 8, 2024 Subject: Amendment to Professional Services Agreement with CSG Consultants, Inc.
RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 2 to Agreement with CSG Consultants, Inc. for planning contract services to increase the total compensation.
FISCAL IMPACT: Funding for this agreement is included in the Adopted Budget for FY 2023-24 in Account No. 101-2001-5100-00 (Planning - Professional Services).
WORKPLAN: Contract planners support day-to-day operations identified in the Adopted FY 2023-24 Strategic Priority Project List.
DISCUSSION: The Planning Department utilizes contract planners to augment staffing levels to aid in the processing of current planning development applications and longrange planning efforts. In 2022, as a result of a Request for Proposal (RFP) process for planning contract services, the City entered into an agreement with CSG Consultants, Inc. (CSG).
Staff is requesting to augment the compensation for this agreement to maintain services until the agreement expires on November 2, 2024. Staff is recommending the compensation be increased by $275,000, bringing the total compensation to a not to exceed amount of $505,000.
City Council Meeting
01-08-24
Item
3.B.14.
Agenda Item # 3.B.14.
Though CSG provides the City with numerous contract planners, the number of hours dedicated is the equivalent of a part-time planner. The CSG contract planners have assisted the Planning Department with a total of 25 current planning applications. CSG has been instrumental in responding to submittals within the 30-day permit streamlining window and moving applications through the conformance review process.
At this time, staff recommends the Council amend the agreement to maintain continuity of services and staff will continue to evaluate staffing levels to assess the need for planning contract consultants.
ATTACHMENTS: Amendment No. 1 to Agreement with CSG Consultants, Inc.
AMENDMENT NO. 1 TO AGREEMENT
THIS AMENDMENT NO. 1 TO AGREEMENT is made and entered in the City of Malibu on January 8, 2024, by and between the CITY OF MALIBU, hereinafter referred to as City, and CSG Consultants, Inc. hereinafter referred to as Consultant.
The City and the Consultant agree as follows:
R E C I T A L S
A. On November 28, 2022, the City entered into an Agreement with Consultant for contract planning services (the “Agreement”) in the amount of $230,000 for a two-year term.
B. The City desires to amend the Agreement to increase the compensation by $275,000, and Consultant has submitted a proposal for this purpose that is acceptable to the City.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
1. Section 4.0 – COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement. The cost of services shall not exceed $505,000. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his designee.
2. The Parties agree that this Amendment will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.
3. All terms and conditions of the Agreement not amended by this Amendment No. 1 remain in full force and effect.
This Agreement is executed on ______________________, at Malibu, California, and effective as of January 8, 2024.
CITY OF MALIBU:
____________________________________
STEVE UHRING, Mayor
ATTEST:
____________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM: CONSULTANT:
____________________________________ ____________________________________ TREVOR RUSIN, Interim City Attorney By: CYRUS KIANPOUR
Title: President
Agenda Item # 4.A.
Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Patricia Salazar, Development and Operations Manager Reviewed by: Richard Mollica, Planning Director
Approved by: Steve McClary, City Manager
Date prepared: December 13, 2023 Meeting date: January 8, 2024 Subject: Code Amendment to Extend Deadlines for Nonconforming In-kind Disaster Rebuild Projects
RECOMMENDED ACTION: 1) Conduct a second public hearing; and 2) Conduct a second reading, unless waived, and adopt Ordinance No. 513 (Attachment 1) adopting Zoning Text Amendment (ZTA) No. 23-003 to amend Malibu Municipal Code (MMC) Section
17.60.020(C) to add three years to the deadline to initiate the planning application process and obtain building permits to rebuild a nonconforming structure that was damaged or destroyed in the Woolsey Fire and finding the action exempt for from the California Environmental Quality Act.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2023-24 Strategic Priority Project List.
DISCUSSION: MMC Section 17.74.040 requires that a 21-day public notice takes place prior to the final adoption of the ordinance. Consistent with this requirement, staff published a Notice of Public Hearing on November 23, 2023, and on December 21, 2023.
The purpose of this item before the Council is to satisfy the public hearing requirements contained in the MMC and to conduct the second reading of Ordinance No. 513.
On December 11, 2023, the City Council conducted the first reading of Ordinance No. 513 and held a public hearing. For reference, the December 11 agenda report is available online at malibucity.org/agendacenter.
City Council Meeting
01-08-24
Item
4.A.
Agenda Item # 4.A.
The item before the Council is an ordinance to extend the rebuild deadlines contained in MMC Chapter 17.60.
PUBLIC NOTICE: On November 23 and December 21, 2023, a Notice of City Council Public Hearing was published in a newspaper of general circulation within the City of Malibu pursuant to MMC Section 17.74.040. In addition, on December 21, 2023 a summary of the adopted ordinance was published in a newspaper of general circulation within the City of Malibu pursuant to Government Code Section 36933(c)(1) and will also be published on December 28, 2023. Lastly, posts will be made on the City’s social media platforms and emails will be sent to Woolsey Fire property owners and representatives on file.
SUMMARY: Staff recommends the City Council adopt Ordinance No. 513, adopting Zoning Text Amendment No. 23-003, to extend each deadline as contained in MMC Section 17.60.020(C) by three years.
Should the amendment be approved, City staff will conduct robust public outreach to notify property owners of the code amendment changes.
ATTACHMENTS:
1. Ordinance No. 513
2. Notice of Public Hearing
ATTACHMENT 1
ORDINANCE NO. 513
AN ORDINANCE OF THE CITY OF MALIBU APPROVING ZONING TEXT AMENDMENT NO. 23-003 TO AMEND MALIBU MUNICIPAL CODE
SECTION 17.60.020(C) TO ADD THREE YEARS TO THE DEADLINE TO
INITIATE THE PLANNING APPLICATION PROCESS AND OBTAIN
BUILDING PERMITS TO REBUILD A NONCONFORMING STRUCTURE
THAT WAS DAMAGED OR DESTROYED IN THE WOOLSEY FIRE AND
FINDING THE ACTION EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
The City Council of the City of Malibu does ordain as follows:
SECTION 1. Recitals
A. On February 25, 2019, the City Council adopted Ordinance No. 445, amendments to the Malibu Municipal Code (MMC) Title 17 (Zoning Ordinance) and the Local Coastal Program, to facilitate the rebuilding of structures damaged or destroyed by the 2018 Woolsey Fire.
B. On December 14, 2020, the City Council adopted Ordinance No. 476 amending MMC Chapter 17.60 (Nonconforming Uses and Structures) to add one year to the deadlines in Subsection (C) to initiate the application process and obtain building permits to rebuild a legal nonconforming structure that was damaged or destroyed by the Woolsey Fire.
C. The City of Malibu continues to issue Planning Verification approvals to property owners whose homes were damaged or destroyed in the 2018 Woolsey Fire, pursuant MMC Section 17.060.020(C).
D. The Malibu community has been rebuilding steadily in the aftermath of the Woolsey Fire and during the COVID-19 pandemic. structure.
E. On September 11, 2023, the City Council adopted Resolution No. 23-41 initiating a code amendment to MMC Section 17.60.020(C) to add three years to the deadlines to initiate the application process and obtain building permits to rebuild a legal nonconforming structure that was damaged or destroyed by 2018 Woolsey Fire.
On September 21, 2023, a Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Malibu indicating that the Planning Commission would hold a public hearing on October 16, 2023. In addition, posts were made on the City’s social media platforms and emails were sent to Woolsey Fire property owners and representatives on file.
F. On October 16, 2023, the Planning Commission held a duly noticed public hearing on the amendment, reviewed and considered the agenda report, reviewed and considered written reports, public testimony, and other information in the record., and adopted Resolution No. 23-45 recommending approval of the amendment.
Ordinance No. 513
____________________
D. On November 23, 2023, a Notice of City Council Public Hearing was published in a newspaper of general circulation within the City of Malibu indicating that the Council will hold public hearings on December 11, 2023 and January 8, 2024, on the subject code amendment. In addition, posts were made on the City’s social media platforms and emails were sent to Woolsey Fire property owners and representatives on file.
E. On December 11, 2023, the City Council held a duly noticed public hearing on the subject amendment, considered the recommendation by the Planning Commission, reviewed and considered written reports, public testimony, and related information. In addition, the Council introduced on first reading and adopted the Ordinance.
F. On December 21, 2023, a Notice of City Council Public Hearing was published in a newspaper of general circulation within the City of Malibu indicating that the Council will hold a second public hearing on January 8, 2024, on the subject code amendment. In addition, posts were made on the City’s social media platforms and emails were sent to Woolsey Fire property owners and representatives on file.
F. On January 8, 2024, the City Council held a duly noticed public hearing on the subject amendment, considered the recommendation by the Planning Commission, reviewed and considered written reports, public testimony, and related information and conducted a second reading of the Ordinance.
SECTION 2. Environmental Review
The City Council has analyzed the proposed code amendment described herein and has determined that the proposed code amendment is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects which have the potential for causing a significant effect on the environment. Pursuant to CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The City Council has determined that there is no possibility the proposed amendment may have a significant effect on the environment as the restriction only applies to properties that have been damaged or destroyed by a disaster, only preserves the right to build/rebuild that they held before the disaster, and accordingly, the exemption set forth in Section 15061(b)(3) applies.
SECTION 3. Amendment
A. Section 17.60.020(C) of the Malibu Municipal Code is hereby amended to read as follows:
Any structure described in subsection A of this section, may be remodeled, or may be reconstructed in the general location and to the same height as it existed prior to damage or destruction, subject to obtaining Planning Verification and provided that the application for the reconstruction is initiated with the city within six years of the date of damage or destruction, and a building permit is diligently pursued and obtained within eight years from the date of damage or destruction and has not expired. A request for an extension of time to Ordinance No. 513
____________________
the six-year or eight-year periods may be granted by the Planning Commission where it finds, based on substantial evidence, that due to unusual circumstances, strict compliance with the six- or eight-year limit creates an undue hardship. Extensions may not total more than nine years. Any reconstruction shall extend the termination date described in Section 17.60.040 for the use operating within such a structure.
SECTION 4. Findings
Pursuant to the Malibu Municipal Code Section 17.74.040, the City Council hereby makes the following findings:
A. The City Council hereby finds that the proposed amendment is consistent with the General Plan and is designed to protect and promote public health, safety, welfare, quality of life and the ability to preserve visually impressive views. The zoning text amendment further strives to protect victims of disasters and their ability to rebuild free from having artificially restrictive deadlines that may limit the ability to rebuild non-conforming structures damaged by the Woolsey Fire.
B. The proposed amendment does not authorize a use other than that already designated in the Malibu Municipal Code. The proposed amendment is consistent with the Coastal Act and the Malibu Municipal Code because it protects, maintains and enhances the overall quality of the coastal zone environment. The proposed amendment will not alter the utilization or conservation of coastal zone resources, impede public access to and along the coastal zone, or interfere with the priorities established for coastal-dependent or coastal-related development.
C. The City Council held a public hearing, reviewed the subject zoning text amendment application for compliance with the City of Malibu General Plan, Malibu Municipal Code and the Malibu Local Coastal Program, and finds that the proposed amendment is consistent.
SECTION 5. Approval
The City Council hereby adopts Zoning Text Amendment No. 23-003 amending the Malibu Municipal Code.
SECTION 6. The City Clerk shall certify the adoption of this ordinance.
PASSED, APPROVED AND ADOPTED this ____ day of ____ 2024. ____________________________
STEVE UHRING, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
Ordinance No. 513
____________________
Date: _________________________
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, City Attorney
NOTICE OF PUBLIC HEARING
CITY OF MALIBU
CITY COUNCIL
The Malibu City Council will hold public hearings on MONDAY, December 11, 2023 and January 8, 2024, at 6:30 p.m. on the project identified below in Council Chambers at Malibu City Hall, 23825 Stuart Ranch Road, Malibu, CA and via teleconference.
Public comment can be submitted ahead of the public hearing to [email protected] for inclusion in the public record. To view and participate during the public hearing, please review the meeting agenda posted at MalibuCity.org/AgendaCenter and follow the directions for public participation.
Woolsey Fire Non-Conforming Structures Deadlines
Zoning Text Amendment No. 23-003 – Consider an amendment and the Planning Commission’s recommendation to extend the deadlines contained in Malibu Municipal Code (MMC) Section 17.60.020(C) to rebuild non-conforming structures destroyed or damaged in the Woolsey Fire, without having to bring the structure into compliance with existing ordinances
The November 8, 2023 deadline to obtain building permits for a previously approved Planning Verification application, to rebuild non-conforming structures damaged or destroyed in the Woolsey Fire without having to bring the structure into compliance with existing ordinances, has passed. However, in an effort to assist Woolsey Fire victims, on September 11, 2023, the City Council initiated an amendment to extend the deadlines contained in MMC Section
17.60.020(C), to initiate the application process and to obtain building permits, by three years.
Pursuant to the Council, the purpose of the 3-year extension of the deadlines is to coincide with Assembly Bill 1500, which amends the Revenue and Taxation Code (RTC) Section 70.5 to allow property owners an additional three years to reconstruct improvements on a property substantially damaged or destroyed by the 2018 Woolsey Fire.
Applicant: City of Malibu
Location: Citywide
Case Planner: Richard Mollica, Planning Director
(310) 456-2489, extension 346
[email protected]
Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), the Planning Director has analyzed this proposed project and found that it is listed among the classes of projects that have been determined not to have a significant adverse effect on the environment. Therefore, the project is categorically exempt from the provisions of CEQA. The Planning Director has further determined that none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2).
A written staff report will be available at or before the hearing for the project. All persons wishing to address the Council regarding this matter will be afforded an opportunity in accordance with the Council’s procedures.
Copies of all related documents can be reviewed by any interested person at City Hall during regular business hours. Oral and written comments may be presented to the City Council on, or before, the date of the meeting.
Attachment 2
IF YOU CHALLENGE THE CITY’S ACTION IN COURT, YOU MAY BE LIMITED TO RAISING
ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING
DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY, AT OR PRIOR TO THE PUBLIC HEARING.
Richard Mollica, Planning Director
Publish Date: November 23, 2023 and December 21, 2023
Agenda Item # 6.A.
Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Kristin Riesgo, Community Services Director Approved by: Steve McClary, City Manager
Date prepared: November 9, 2023 Meeting date: January 8, 2024 Subject: Road Race Agreement
RECOMMENDED ACTION: At the recommendation of the Road Race Ad Hoc Committee, approve the Agreements with Malibu Race Series LLC and Zuma Foundation Inc. for the two allowable Road Race Temporary Use Permits.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2023-24 Strategic Priority Project List.
DISCUSSION: On December 11, 2012, Council adopted City Council Policy #47 - Road Race Policy (Attachment 1). In accordance with the Road Race Policy, the City may grant a maximum of two temporary use permits for marathons, triathlons, and cycling events per calendar year.
On August 12, 2013, the City entered into a 10-year Agreement with Michael Epstein Sports Productions Inc. to host the Malibu Triathlon (Triathlon) through November 1, 2023. From 2017 to 2021 the Agreement transferred between two agencies, and from 2021 to 2023 Super League Holdings PTE LTD (Super League) organized the Triathlon.
On November 14, 2022, Council reviewed a proposal for a new five-year Agreement with Super League, which would allow them to continue operating the event through October 2027. Council assessed the request and directed staff to bring back an item in January 2023 to form and appoint members to an Ad Hoc Committee to review the City’s Road Race Policy and proposed Super League Triathlon agreement.
City Council Meeting
01-08-24
Item
6.A.
Agenda Item # 6.A.
On January 9, 2023, Councilmembers Grisanti and Riggins were appointed to the Road Race Ad Hoc Committee (Ad Hoc). The Ad Hoc met with staff, reviewed the Road Race Policy, and recommended opening a Request for Proposals (RFP).
On August 28, 2023, Council approved opening a Road Race RFP. Staff worked with the Ad Hoc to compile the proposal requirements, timelines, and selection process. The Road Race RFP was issued on August 30, 2023, and the City received four proposals by the September 27, 2023, deadline.
The Ad Hoc reviewed the proposals and conducted interviews with each race organizer.
The evaluation process examined the organization’s experience in addition to community benefits and involvement, road race impacts, registration data, proposed street closures, and financial documentation.
Following a thorough evaluation and screening process, the Ad Hoc has recommended the City award the agreements for the two allowable Temporary Use Permits to the Malibu Race Series LLC and Zuma Foundation Inc.
Malibu Race Series LLC and Zuma Foundation Inc. demonstrated a commitment to minimizing road closures and community impacts. The organizations will incorporate programs and partnerships with local organizations. In addition to coordinating the adult races, each organization will plan a children’s race to encourage fitness, goal setting, and the race experience. Fundraising opportunities will be prioritized for local non-profit organizations such as the Boys and Girls Club of Malibu and Malibu schools.
Since the December 11, 2023 Regular Council meeting, staff updated the Road Race Agreements with the following,
• Increased insurance limits and added additional coverage requirements following a recommendation from the California Joint Powers Insurance Authority (JPIA). • Included Red Flag Warnings as a condition for a race postponement and/or cancellation (consistent with City Council Policy #47). • Changed the MRS 2028 proposed race dates since the initial dates were on a holiday weekend.
Each race organizer has agreed to work with City staff and submit all required documents, permits, and referrals as part of the race requirements listed in the City Council Policy #47 - Road Race Policy.
ATTACHMENTS: 1) City Council Policy #47 – Road Race Policy 2) Malibu Race Service LLC Road Race Agreement
3) Zuma Foundation Inc. Road Race Agreement
AGREEMENT BETWEEN THE CITY OF MALIBU
AND ZUMA FOUNDATION INC.
This Agreement is made and entered into as of ________________, by and between the City of Malibu (hereinafter referred to as the "City"), and Zuma Foundation Inc. (hereinafter referred to as "Zuma Foundation Inc.")
The City and Zuma Foundation Inc. agree as follows:
R E C I T A L S
A. The City desires to provide recreational events that are of interest and benefit to the residents of the City.
B. Zuma Foundation Inc. produces and conducts running events and triathlons.
C. Zuma Foundation Inc. warrants to the City that it has the qualifications, experience, and facilities to perform properly and timely the services under this Agreement.
D. The City and Zuma Foundation Inc. have agreed that Zuma Foundation Inc. shall produce and conduct a Triathlon Race Event (as defined herein) within Malibu city limits and outlying areas pursuant to the terms and conditions set forth in Exhibit A of this Agreement.
NOW, THEREFORE, the City and Zuma Foundation Inc. agree as follows:
1.0 INTRODUCTORY TERMS.
1.1 Recitals. The statements contained in the recitals set forth above ("Recitals") are true and correct, and the Recitals are by this reference made a part of this Agreement.
1.2 Exhibits. The exhibits which are attached to this Agreement are by this reference made a part of this Agreement.
1.3 Abbreviations and Definitions. The following abbreviations and definitions will be used for purposes of this Agreement:
1.3.1 The abbreviations of the Parties set forth in the Preamble will be used for purposes of this Agreement.
1.3.2 "Additional City Services" means the following services coordinated and paid by Zuma Foundation Inc. for the Triathlon Race Event, as required by the City Temporary Use Permit, including: (1) law enforcement and fire protection; (2) garbage and refuse disposal; (3) crowd control and traffic control; (4) utilities; and (5) any additional services the City deems appropriate in its sole and absolute discretion.
1.3.3 "City Permit and Use Fees" means the fees and charges imposed by the City in connection with the issuance of permits and the fees and charges imposed by the City DocuSign Envelope ID: 1F1859F1-3289-434E-93BA-D68924CB9AB9 Agreement between the
City of Malibu and Zuma Foundation Inc.
in connection with Zuma Foundation Inc.'s Triathlon Race Event (as defined herein).
1.3.4 "Concessions" means all concessions associated with the Triathlon Race Event (as defined herein) offered or provided for a fee within the Race Facilities and during the Race Period, including, without limitation: (1) alcoholic and non-alcoholic beverages; (2) wearing apparel; (3) programs; (4) souvenirs; (5) seating; and (6) all other merchandise or services offered for sale in connection with the Triathlon Race Event and during the Triathlon Race Event Period.
1.3.5 "Laws" means all existing and future federal, state, and local constitutions, statutes, ordinances, rules, regulations, and resolutions, and all orders and decrees of lawful authorities having jurisdiction over the matter at issue.
1.3.6 "Race Course" means the staging and routes used by Zuma Foundation Inc. for the Triathlon Race Event as approved through the City Temporary Use Permit Application Process.
1.3.7 " Triathlon Race Event" means Zuma Foundation Inc.'s event, an athletic racing event consisting of swimming, biking, and running a race of a designated distance to be held on:
Year Race Dates
2024 September 14 – 15
2025 September 13 – 14
2026 September 19 – 20
2027 September 18 – 19
2028 September 16 – 17
Set-up begins 5 days preceding the Triathlon Race Event date. All equipment and materials will be removed the day after the race ends.
1.3.8 "Race Facilities" means those lands, improvements, buildings, public or other rights of way, or property, owned, leased to, or controlled by the City or under City authority used by Zuma Foundation Inc. for the purpose of staging the Triathlon Race Event.
1.3.9 "Race Period" means from 7:00 AM on the Monday preceding the Triathlon Race Event until 5:00 PM on the Monday following the Triathlon Race Event.
1.3.10 "Ticket Sale Rights" means the right to sell tickets and otherwise charge for admission to, or for participation in, the Triathlon Race Event, and to sell tickets and otherwise charge for admission to, or for the use of Race Facilities in connection with Triathlon Race Event, excluding the right to sell tickets to the general public that are solely for parking.
2.0 TERM OF AGREEMENT. This Agreement will become effective on January 9, 2024, and will remain in effect for a period of five (5) years from said date unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein.
DocuSign Envelope ID: 1F1859F1-3289-434E-93BA-D68924CB9AB9 Agreement between the
City of Malibu and Zuma Foundation Inc.
3.0 CITY AGENT. The City Manager, or their designee, for the purposes of this Agreement, is the agent for the City; whenever approval or authorization is required, Zuma Foundation Inc. understands that the City Manager, or their designee, has the authority to provide that approval or authorization.
4.0 WARRANTIES AND REPRESENTATIONS
4.1 Warranties and Representations by Zuma Foundation Inc.. Zuma Foundation Inc. warrants and represents to the City as follows:
4.1.1 Zuma Foundation Inc. is a non-profit corporation duly formed, presently existing, and in good standing under the laws of the State of California.
4.1.2 All appropriate action exists or has been accomplished by Zuma Foundation Inc. so as to duly authorize the officers set forth below to execute this Agreement and all documents contemplated hereby on behalf of Zuma Foundation Inc. so as to fully and firmly bind Zuma Foundation Inc. to the terms and provisions of this Agreement and such other documents.
4.1.3 Zuma Foundation Inc. has the financial capability to and shall conduct a Triathlon Race Event in accordance with this Agreement.
4.2 Warranties and Representations by City. The City warrants and represents to Zuma Foundation Inc. as follows:
4.2.1 The City is a municipality organized and existing under the laws of the State of California.
4.2.2 All appropriate action exists or has been accomplished by the City so as to duly authorize the officials set forth below to execute this Agreement and all documents contemplated hereby on behalf of the City so as to fully and firmly bind the City to the terms and provisions of this Agreement and such other documents.
5.0 SCHEDULING AND CONDUCTING A Triathlon Race Event
5.1 Obligation to Conduct a Triathlon Race Event. Zuma Foundation Inc. shall produce and conduct a Triathlon Race Event on Saturday and Sunday, commencing in the year 2024, said dates will be determined by Zuma Foundation Inc. no later than March 1 of each year and will be on the dates set forth in Exhibit B or within two weeks of such dates, excluding Labor Day weekends. Zuma Foundation Inc. shall provide the City with written notice in the form of a City Temporary Use Permit Application no later than ninety (90) days prior to the first day of the Triathlon Race Event Period.
5.2 Triathlon Race Event. The Triathlon Race Event shall be conduct on the Triathlon Course on Saturday and Sunday during the Triathlon Race Event period and shall DocuSign Envelope ID: 1F1859F1-3289-434E-93BA-D68924CB9AB9 Agreement between the
City of Malibu and Zuma Foundation Inc.
be held during daylight hours only. The Triathlon Race Event shall be conducted in accordance with the terms and conditions of this Agreement, the City's Road Race Policy and all necessary governmental permits and/or approvals.
5.3 Set-Up, Operation and Dismantling Periods. Zuma Foundation Inc. shall have the use of the Triathlon Facilities during the Triathlon Race Event Period for purposes of setup of the facilities and apparatus associated with the Triathlon Race Event provided, however, that access to the Triathlon Race Course will only be restricted during the time necessary to conduct the Triathlon Race Event. It is anticipated that all facilities and apparatus associated with the Triathlon Race Event will be set up and dismantled during the Race Period. In the event Zuma Foundation Inc. requires additional time to dismantle the facilities and apparatus following the Triathlon Race Event, Zuma Foundation Inc. shall be permitted such additional time beyond the Race Period, so long as Zuma Foundation Inc. has commenced the dismantling during the Race Period and continues to proceed in a diligent manner to complete the dismantling. Zuma Foundation Inc. shall provide the City with a schedule indicating the dates and location of setup and dismantling of the facilities and apparatus associated with the Triathlon Race Event, along with updates and changes thereto, as soon as is reasonably possible after the necessity for such updates and changes become known to Zuma Foundation Inc..
5.4 Clean-up and Restoration. Zuma Foundation Inc. shall be responsible for cleaning up the Race Course and Race Facilities at the end of the Triathlon Race Event. Such clean-up shall include, without limitation, removal of litter and debris from City streets and the Race Facilities.
5.5 Conditions of Race Facilities. Zuma Foundation Inc. shall be responsible for promptly returning the Race Facilities to the condition they were in immediately prior to the Triathlon Race Event, reasonable wear and tear excepted. Zuma Foundation Inc. shall be responsible for repairing any damage to the Race Facilities occurring during the Triathlon Race Event by acts or omissions of Zuma Foundation Inc., its patrons or concessionaires.
5.6 Additional Municipal Services. Zuma Foundation Inc. shall be responsible for the scheduling of and payment for all additional municipal services, as required by the City Temporary Use Permit. In certain circumstances, the City may facilitate the payment for additional municipal services to other federal, state or local governmental agencies. The City’s role in these payments shall only be administrative only (i.e., processing and ensuring the accuracy of the payments) and in no way constitutes the City’s agreement or sign-off on any other services, plans or arrangements provided by other agencies. Thus, the City shall accept no other responsibility other than facilitating the payment and shall have no liability whatsoever from any claims related to Zuma Foundation Inc. and additional municipal services. Zuma Foundation Inc. shall pay the estimated costs and expenses for additional municipal services no later than sixty (60) days prior to the Triathlon Race Event. Zuma Foundation Inc. shall pay any remaining costs for additional municipal services no later than sixty (60) days following the Triathlon Race Event.
5.7 Compliance with Laws and Related Matters. Zuma Foundation Inc., its officers, employees, volunteers, agents, and concessionaires shall comply with all DocuSign Envelope ID: 1F1859F1-3289-434E-93BA-D68924CB9AB9 Agreement between the
City of Malibu and Zuma Foundation Inc.
applicable Laws throughout the Term of this Agreement.
5.8 Liability for Expenses. Under no circumstances shall the City be liable for any costs or expenses incurred by Zuma Foundation Inc. in any way related to or connected with the Triathlon Race Event unless specifically provided for in this Agreement.
5.9 Authorizations. Zuma Foundation Inc. shall be responsible for seeking and obtaining any and all permits, licenses, certifications, consents, or other authorizations required from any governmental agency or other public or private entity in order to hold the Triathlon Race Event and perform all other activities in connection therewith.
5.10 Red Flag Warning. In the event of a “Red Flag Warning” condition as determined by the Los Angeles County Fire Department or other relevant entity, Zuma Foundation shall either: (i) cancel the Triathlon Race Event or (ii) postpone any race event on the affected days. In the event of postponement, Zuma Foundation shall obtain written authorization from the City, which shall not be unreasonably withheld, to conduct the race event on others days outside of the days listed above. The Parties shall use best efforts to reschedule such that it does not impact other events going on in the City or negatively impact the public health and safety.
6.0 GENERAL TERMS.
6.1 Right to Conduct Triathlon Race Event. The City hereby grants to Zuma Foundation Inc. the right to produce and conduct a Triathlon Race Event in accordance with the terms and conditions of this Agreement and City Council Policy No. 47 (Road Race Policy). Zuma Foundation Inc. is responsible for applying for and securing all applicable governmental approvals/permits in a timely manner, prior to conducting any portion of the Triathlon Race Event or performing any setup activity related to the Triathlon Race Event and complying with the City's Road Race Policy. The City and Zuma Foundation Inc. agree that the Triathlon Race Event is one of the two road race events which are entitled to seek a City Temporary Use Permit each calendar year as set forth in the City's Road Race Policy. All discretionary authority of the City with respect to any and all such permits and/or approvals is expressly retained and nothing in this Agreement shall be construed as limiting or expanding the City's discretionary authority in any way, or committing the City to any particular decision or outcome, with respect to any requisite permits or approvals. The City's denial of any discretionary permit necessary to conduct the Triathlon Race Event shall not be deemed a breach of this Agreement, so long as such denial complies with applicable law and regulation. Zuma Foundation Inc. hereby acknowledges that the City has police powers pursuant to applicable Laws to take reasonable and appropriate action in the event the conduct of the Triathlon Race Event, or any portion thereof or activity associated therewith, is endangering the health, safety or welfare of the general public, is violating any applicable law or regulation, or is otherwise creating a public nuisance. The safety of the Triathlon Race Event participants shall be the sole responsibility of Zuma Foundation Inc.
6.2 Concession Rights. The City hereby grants Zuma Foundation Inc. the right to operate, or to license (in whole or in part) to others, the Concessions associated with the Triathlon Race Event during the Race Period. The City agrees not to hereafter extend any DocuSign Envelope ID: 1F1859F1-3289-434E-93BA-D68924CB9AB9 Agreement between the
City of Malibu and Zuma Foundation Inc.
Concession rights to any person or entity other than Zuma Foundation Inc. which would permit the operation or licensing of Concessions, or the vending or offering for sale of any goods or services competitive with the Concessions. Notwithstanding the foregoing, this grant of rights to Concessions shall not affect the activities of otherwise properly licensed Malibu merchants and business persons in conducting their trade or business during the Triathlon Race Event, or parties with which it has contracted to provide Concessions at any City-owned property or facility.
6.3 Ticket Sale Rights and City Rights. The City hereby grants to Zuma Foundation Inc. exclusive Ticket Sale Rights for the Triathlon Race Event.
6.4 Participation. The total number of participants for the Triathlon Race Event shall not exceed: 4,000.
6.5 No Interest in Land. Zuma Foundation Inc. rights pursuant to this Agreement shall not be construed as a lease, easement, or other interest in land, buildings, or other property of the City.
6.6 Donation. Zuma Foundation Inc. agrees to donate not less than $100,000 each year for the term of the Agreement to Malibu youth based community-oriented charitable organizations such as the Boys and Girls Club of Malibu, Parent Teacher Associations for Malibu Public Schools, Malibu youth Athletic Programs, no later than 60 calendar days after the final event date each year. Zuma Foundation Inc. will seek input from the City each year during the term of the Agreement as to the Malibu youth based community-oriented charitable organization(s) who will receive the annual donation.
Zuma Foundation Inc. agrees that it will identify each benefitting non-profit or communityoriented charitable organization’s specific area or areas that said donation will go towards.
This Agreement and all of its terms, conditions, and provisions, is made and entered into for the sole protection and benefit of Zuma Foundation Inc. and the City and not for the benefit of any other individual or entity. No other person has any right of action of any kind based on any provision of this Agreement nor may any other person be deemed to be a third-party beneficiary under this Agreement.
6.7 Exclusivity. The City will not authorize, without Zuma Foundation Inc.’s permission, any Triathlon Race Event, other than the Triathlon Race Event organized and conducted by Zuma Foundation Inc., sixty (60) days before the Triathlon Race Event or sixty (60) days after the Triathlon Race Event throughout the Term of this Agreement.
6.8 Termination. Either the City or Zuma Foundation Inc. may terminate this Agreement, without cause, by giving the other party six (6) months written notice of such termination and the effective date thereof.
6.8.1 If Zuma Foundation Inc. or the City fail to fulfill in a timely and proper manner its obligations under this Agreement, or if Zuma Foundation Inc. or the City violate DocuSign Envelope ID: 1F1859F1-3289-434E-93BA-D68924CB9AB9 Agreement between the
City of Malibu and Zuma Foundation Inc.
any of the covenants, agreements, or stipulations of this Agreement, Zuma Foundation Inc. or the City shall have the right to terminate this Agreement by giving written notice to the other party of such termination and specifying the effective date of such termination. Zuma Foundation Inc. shall be entitled to receive compensation in accordance with the terms of this Agreement for any work satisfactorily completed hereunder. Notwithstanding the foregoing, Zuma Foundation Inc. shall not be relieved of liability for damage sustained by virtue of any breach of this Agreement, and any payments due under this Agreement may be withheld to offset anticipated damages.
6.9 Non-Assignability. Zuma Foundation Inc. shall not assign or transfer any interest in this Agreement without the express prior written consent of the City.
6.10 Non-Discrimination. Zuma Foundation Inc. shall not discriminate as to race, creed, gender, color, national origin, or sexual orientation in the performance of its services and duties pursuant to this Agreement, and will comply with all applicable laws, ordinances, and codes of the Federal, State, County and City governments.
6.11 Insurance. The Zuma Foundation Inc. shall submit to the City certificates indicating compliance with the following minimum insurance requirements no less than ten (10) days prior to prior to Triathlon Race Event. The Zuma Foundation Inc. further agrees to comply with all provisions in the attached Exhibit C which is incorporated herein.
6.12 Indemnification. Zuma Foundation Inc. shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees, and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees, and all other costs and fees of litigation) of every nature arising out of or in connection with Zuma Foundation Inc.'s activities related to producing and conducting a Triathlon Race Event hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Zuma Foundation Inc.'s legal counsel unacceptable, then Zuma Foundation Inc. shall reimburse the City its costs of defense, including without limitation reasonable attorney's fees, expert fees and all other costs and fees of litigation. Zuma Foundation Inc. shall promptly pay any final judgment rendered against the City (and its officers, officials, employees, and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
6.13 Compliance with Applicable Law. Zuma Foundation Inc. and the City shall comply with all applicable laws, ordinances, and codes of the federal, state, county, and city governments, including, without limitation, Malibu Municipal Code Chapter 5.36 Minimum Wage.
6.14 Independent Contractor. This Agreement is by and between the City and Zuma Foundation Inc. and is not intended, and shall not be construed, to create the relationship of agency, servant, employee, partnership, joint venture, or association, as between the City and DocuSign Envelope ID: 1F1859F1-3289-434E-93BA-D68924CB9AB9 Agreement between the
City of Malibu and Zuma Foundation Inc.
Zuma Foundation Inc..
6.14.1 Zuma Foundation Inc. shall be an independent contractor and shall have no power to incur any debt or obligation for or on behalf of the City. Neither the City nor any of its officers or employees shall have any control over the conduct of Zuma Foundation Inc., or any of Zuma Foundation Inc.'s employees, except as herein set forth, and Zuma Foundation Inc. expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees are in any manner employees of the City, it being distinctly understood that Zuma Foundation Inc. is and shall at all times remain to the City a wholly independent contractor and Zuma Foundation Inc.'s obligations to the City are solely such as are prescribed by this Agreement.
6.14.2 Zuma Foundation Inc. shall not use the City Seal or present the Triathlon Race Event as a City-organized event without prior approval from the City.
6.15 Legal Construction.
6.15.1 This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced, and governed under the laws of the State of California.
6.15.2 This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement.
6.15.3 The article and section, captions, and headings herein have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.
6.15.4 Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.
6.16 Counterparts. This Agreement may be executed in counterparts and as so executed shall constitute an agreement which shall be binding upon all parties hereto.
6.17 Default. The following shall be deemed events of default ("Default") under this Agreement:
6.17.1 By City. Failure by the City to perform or comply with its obligations or responsibilities hereunder, which is not cured within a reasonable time, but in no event to exceed thirty (30) days following receipt by the City of written notice from Zuma Foundation Inc. specifying with particularity the Default so claimed. The thirty (30) day curative period provided herein may be expanded by so much additional time as is reasonably necessary to DocuSign Envelope ID: 1F1859F1-3289-434E-93BA-D68924CB9AB9 Agreement between the
City of Malibu and Zuma Foundation Inc.
cure the Default, provided that the City commences to cure such Default within such thirty (30) day period and thereafter diligently and continuously proceeds to cure the Default.
6.17.2 By Zuma Foundation Inc.. Any one or more of the following shall be deemed a Default by Zuma Foundation Inc.:
6.17.2.1 Failure of Zuma Foundation Inc. to perform or
comply with its obligations or responsibilities hereunder, which is not cured within a reasonable time, but in no event to exceed thirty (30) days following receipt by Zuma Foundation Inc. of written notice from the City specifying with particularity the Default so claimed. The thirty (30) day curative period provided herein may be expanded by so much additional time as is reasonably necessary to cure the Default provided that Zuma Foundation Inc. commences to cure such Default within such thirty (30) day period and thereafter diligently and continuously proceeds to cure the Default.
6.17.2.2 Zuma Foundation Inc. attempts to assign or transfer any interest in this Agreement without the express prior written consent of the City.
6.17.2.3 Zuma Foundation Inc. makes a voluntary assignment for the benefit of its creditors.
6.17.2.4 Zuma Foundation Inc. files a voluntary petition in bankruptcy or becomes the subject of an involuntary petition in bankruptcy which is not discharged within sixty (60) days after the filing of such involuntary petition in bankruptcy.
6.18 Waiver; Remedies Cumulative. Failure by a party to insist upon the performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy. In no event shall either party be liable for any loss of use, loss of time, inconvenience, lost profits or other special, incidental or consequential damages in any way related to or arising from this Agreement or the Triathlon Race Event.
6.19 Mitigation of Damages. In all such situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.
6.20 Force Majeure. Each Party shall be excused from performance of its obligations hereunder to the extent such performance has been delayed, hindered or prevented by DocuSign Envelope ID: 1F1859F1-3289-434E-93BA-D68924CB9AB9 Agreement between the
City of Malibu and Zuma Foundation Inc.
any cause or causes beyond such Party's reasonable control, which shall include, without limitation, labor disputes, riots, civil commotion or insurrection, war, war-like operations or terrorist acts, invasion, rebellion, military or usurped power, sabotage, governmental restrictions, regulations, or controls, inability to obtain any materials or services, fire or other casualties, natural disasters or acts of God. In the event any Triathlon Race Event Facility or portion thereof is destroyed or substantially damaged at any time during the Term of this Agreement by fire, casualty or other cause, the City shall not be required to repair or rebuild such Triathlon Race Event Facilities or portion thereof. If the RACE Course is unavailable due to circumstances beyond the City's control, the Parties shall mutually agree in writing on a revised RACE Course approved through the City Temporary Use Permit Application Process.
6.21 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
6.22 Entire Agreement. This Agreement constitutes the whole agreement between the City and Zuma Foundation Inc., and neither party has made any representations to the other except as expressly contained herein. Neither party, in executing or performing this Agreement, is relying upon any statement or information not contained in this Agreement. Any changes or modifications to this Agreement must be made in writing appropriately executed by both the City and Zuma Foundation Inc..
6.23 Notices. Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
City: Steve McClary Zuma Foundation Inc.: Michael Epstein City Manager Executive Director
City of Malibu
23825 Stuart Ranch Road
Zuma Foundation Inc.
30765 Pacific Coast Hwy #331
Malibu, CA 90265-4861 Malibu, CA 90265
TEL (310) 456-2489 x 224 TEL: (818) 419-4231
FAX (310) 456-2760 [email protected]
6.24 Warranty of Authorized Signatories and Acceptance of Facsimile or Electronic Signatures. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.
[Signature Page(s) to Follow]
DocuSign Envelope ID: 1F1859F1-3289-434E-93BA-D68924CB9AB9 Agreement between the
City of Malibu and Zuma Foundation Inc.
This Agreement is executed on __________________, at Malibu, California, and effective as of ___________________.
CITY OF MALIBU:
___________________________________
STEVE MCCLARY, City Manager
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
ZUMA FOUNDATION INC.:
_______________________________
By: MICHAEL EPSTEIN, Executive
Director
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
DocuSign Envelope ID: 1F1859F1-3289-434E-93BA-D68924CB9AB9
EVENT GROUNDPLAN
<110 ft>
<80 ft>
>tf 081<
>tf 02<
175 ft.
30 ft
30 ft
79’
30’
60’ 40’ 60’ 40’
05x02
4 ft
16ft
149ft
19ft
19ft
PR Timing
Bleachers
11 rows
Announcer
Stage
Media
Stage
Sandcastle
Demo
Celeb Reg
Celeb
Staging
Celeb Portos
Drainage
Depression
Kitchen Bleachers
11 rows, 35’
Corporate
Team Area VIP Area
Transition Zone
Fun Zone
Sponsor Booths
Refreshment
Sponsor Booths
Stage
Trash Bins
Medical
Truck
Medical
Tent Relay Reg
Individual
Relay
Bike Out Bike In
Pacific Coast Highway
Portos
Restrooms
Portos
Swim Start
Beach Ridge - 10’ Emergency Access Lane
FINISH CHUTE
EXHIBIT A Zuma Foundation Inc.
1 of 7
DocuSign Envelope ID: 1F1859F1-3289-434E-93BA-D68924CB9AB9 15 14
13 12
3 1
2 SWIM FINISH
BIKE OUT
SWIM IN
TRANSITION AREA
RUN OUT
150 yards | 450 feet
150 yards | 450 feet
540 yards | 1620 feet
Pacific Coast Highway
Guernsey Avenue
30425
SWIM START
MAIN SITE
STAGE
REG
VIP
FINISH
3 Rocks
ZUMA FOUNDATION TRIATHLON
0.5 MILE SWIM COURSE
EXHIBIT A Zuma Foundation Inc.
2 of 7
DocuSign Envelope ID: 1F1859F1-3289-434E-93BA-D68924CB9AB9 Pacific Coast Highway
Decker Canyon Road
Mulholland Highway
BIKE IN
BIKE OUT
Leo Carrillo
State Park
Tunnel
under PCH
Turnaround
ZUMA FOUNDATION TRIATHLON
18 MILE BIKE COURSE
EXHIBIT A Zuma Foundation Inc.
3 of 7
DocuSign Envelope ID: 1F1859F1-3289-434E-93BA-D68924CB9AB9 Zuma Access Road
Point Dume Parking Lot
Westward Beach Road
Turnaround at
Point Dume
Pacific Coast Highway
Morning View Drive
Busch Drive
Bonsall Drive
FINISH
RUN OUT
ZUMA FOUNDATION TRIATHLON
4 MILE RUN COURSE
EXHIBIT A Zuma Foundation Inc.
4 of 7
DocuSign Envelope ID: 1F1859F1-3289-434E-93BA-D68924CB9AB9 15 14
13 12
11 10
9 6
4 5
3 2
1 SWIM FINISH
BIKE OUT
SWIM IN
TRANSITION AREA
RUN OUT
150 yards | 450 feet
150 yards | 450 feet
1340 yards | 4020 feet
Pacific Coast Highway
Guernsey Avenue
30425
30227
SWIM START
MAIN SITE
STAGE
REG
VIP
FINISH
3 Rocks
ZUMA FOUNDATION TRIATHLON
0.9 MILE OLYMPIC SWIM COURSE (1.5k)
EXHIBIT A Zuma Foundation Inc.
5 of 7
DocuSign Envelope ID: 1F1859F1-3289-434E-93BA-D68924CB9AB9 Pacific Coast Highway
Decker Canyon Road
Leo Carrillo
State Park
BIKE IN
BIKE OUT
Turnaround
Mulholland Highway
Deer Creek Road
Yerba Buena Road
ZUMA FOUNDATION TRIATHLON
24.8 MILE OLYMPIC BIKE COURSE (40K)
EXHIBIT A Zuma Foundation Inc.
6 of 7
DocuSign Envelope ID: 1F1859F1-3289-434E-93BA-D68924CB9AB9 Zuma Access Road
Turnaround at
Zuma Parking
Entrance
Turnaround at
Western Beach Road
Point Dume Parking Lot
Westward Beach Road
Turnaround at
Point Dume
Pacific Coast Highway
Pacific Coast Highway
Busch Drive
Bonsall Drive
FINISH
RUN OUT
ZUMA FOUNDATION TRIATHLON
6.2 MILE OLYMPIC RUN COURSE (10K)
EXHIBIT A Zuma Foundation Inc.
7 of 7
DocuSign Envelope ID: 1F1859F1-3289-434E-93BA-D68924CB9AB9
EXHIBIT B
Zuma Foundation Inc.
2024 – 2028 Race Dates
General Logistics Timeline
Set up will start at Zuma Beach on the Monday prior to race weekend, all week of set up will be confined to the beach and parking lots at Zuma Beach County Property.
Taking place on the Saturday of the event weekend, the Zuma Foundation’s Triathlon for Kids will be fully self-contained inside the Zuma Beach parking lot.
Race packets pick up will take place at Zuma Beach on the Saturday afternoon.
Sunday of each year will feature the Malibu Foundation Sprint and Olympic distance events.
Year Race Dates
2024 September 14 – 15
2025 September 13 – 14
2026 September 19 – 20
2027 September 18 – 19
2028 September 16 – 17
DocuSign Envelope ID: 1F1859F1-3289-434E-93BA-D68924CB9AB9
EXHIBIT C
INSURANCE LANGUAGE
Without limiting Zuma Foundation Inc.’s indemnification of City, and prior to commencement of work and/or services under this Agreement, Zuma Foundation Inc. shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
General Liability Insurance. Zuma Foundation Inc. shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile Liability Insurance. Zuma Foundation Inc. shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Zuma Foundation Inc. arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than 2,000,000 combined single limit for each accident.
Professional Liability (Errors & Omissions) Insurance. Zuma Foundation Inc. shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Zuma Foundation Inc. agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
Workers’ Compensation Insurance. Zuma Foundation Inc. shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).
Zuma Foundation Inc. shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
Umbrella or Excess Liability Insurance. Zuma Foundation Inc. shall obtain and maintain an umbrella liability insurance policy with a $2,000,000 limit that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
• “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies.
Should Zuma Foundation Inc. obtain and maintain an excess liability policy, such policy shall be DocuSign Envelope ID: 1F1859F1-3289-434E-93BA-D68924CB9AB9
EXHIBIT C
Zuma Foundation Inc.
excess over commercial general liability, automobile liability, and employer’s liability policies.
Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.
Athletic Participant Medical Expense Insurance. Zuma Foundation shall obtain and maintain athletic participant medical expense insurance with a $100,000 limit per participant. This coverage should extend to volunteers, event officials if applicable, and other attendees involved in the event who may not be participants.
Sexual Abuse/Molestation Insurance. Zuma Foundation shall procure and maintain sexual abuse and molestation liability coverage in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate. This coverage may be part of commercial general liability coverage, professional liability coverage, or a separate policy.
Participant Race Waiver. Zuma Foundation shall include waiving claims against the City of Malibu on all participant race waivers, forms, and documents.
OTHER PROVISIONS OR REQUIREMENTS
Proof of Insurance. Zuma Foundation Inc. shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City for the contract period and any additional length of time required thereafter. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of Coverage. Zuma Foundation Inc. shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Zuma Foundation Inc., their agents, representatives, employees, or sub Zuma Foundation Inc.
Primary/Noncontributing. Coverage provided by Zuma Foundation Inc. shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.
City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Zuma Foundation Inc. or City will withhold amounts sufficient to pay DocuSign Envelope ID: 1F1859F1-3289-434E-93BA-D68924CB9AB9
EXHIBIT C
Zuma Foundation Inc.
premium from Zuma Foundation Inc. payments. In the alternative, City may cancel this Agreement.
Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Zuma Foundation Inc. or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Zuma Foundation Inc. hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its sub Zuma Foundation Inc.
Enforcement of Contract Provisions (Non Estoppel). Zuma Foundation Inc. acknowledges and agrees that any actual or alleged failure on the part of the City to inform Zuma Foundation Inc. of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Zuma Foundation Inc. maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Zuma Foundation Inc. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Notice of Cancellation. Zuma Foundation Inc. agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
If any of the Zuma Foundation Inc.’s insurers are unwilling to provide such notice, then Zuma Foundation Inc. shall have the responsibility of notifying the City immediately in the event of Zuma Foundation Inc.’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.
Additional Insured Status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.
DocuSign Envelope ID: 1F1859F1-3289-434E-93BA-D68924CB9AB9
EXHIBIT C
Zuma Foundation Inc.
Prohibition Of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
Separation of Insureds. A severability of interests’ provision must apply for all additional insureds ensuring that Zuma Foundation Inc.’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass Through Clause. Zuma Foundation Inc. agrees to ensure that its sub Zuma Foundation Inc., subcontractors, and any other party who is brought onto or involved in the project/service by Zuma Foundation Inc. (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Zuma Foundation Inc. under this Agreement. Zuma Foundation Inc. agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.
However, in the event Zuma Foundation Inc.’s Subcontractor cannot comply with this requirement, which proof must be submitted to the City, Zuma Foundation Inc. may still be able to utilize the Subcontractor provided Zuma Foundation Inc. shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Zuma Foundation Inc., but in all other terms consistent with the Zuma Foundation Inc.’s requirements under this Agreement. This provision does not relieve the Zuma Foundation Inc. of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Zuma Foundation Inc. with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Zuma Foundation Inc. under this Agreement given the limited scope of work or services provided by the subcontractor. Zuma Foundation Inc. agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to City for review.
City’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Zuma Foundation Inc. ninety (90) days’ advance written notice of such change. If such a change results in substantial additional costs to the Zuma Foundation Inc., the City and Zuma Foundation Inc. may renegotiate the Zuma Foundation Inc.’s compensation.
Self-Insured Retentions. Any self-insured retentions must be declared to and approved by the City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.
Timely Notice Of Claims. Zuma Foundation Inc. shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Zuma Foundation Inc.’s performance DocuSign Envelope ID: 1F1859F1-3289-434E-93BA-D68924CB9AB9
EXHIBIT C
Zuma Foundation Inc.
under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional Insurance. The Zuma Foundation Inc. shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
DocuSign Envelope ID: 1F1859F1-3289-434E-93BA-D68924CB9AB9
AGREEMENT BETWEEN THE CITY OF MALIBU
AND MALIBU RACE SERIES LLC
This Agreement is made and entered into as of ________________, by and between the City of Malibu (hereinafter referred to as the "City"), and Malibu Race Series LLC (hereinafter referred to as "MRS")
The City and MRS agree as follows:
R E C I T A L S
A. The City desires to provide recreational events that are of interest and benefit to the residents of the City.
B. MRS is in the business of producing and conducting running events.
C. MRS warrants to the City that it has the qualifications, experience, and facilities to perform properly and timely the services under this Agreement.
D. The City and MRS have agreed that MRS shall produce and conduct a 5K and Half Marathon Race Event (as defined herein) within Malibu city limits and outlying areas pursuant to the terms and conditions set forth in Exhibit A of this Agreement.
NOW, THEREFORE, the City and MRS agree as follows:
1.0 INTRODUCTORY TERMS.
1.1 Recitals. The statements contained in the recitals set forth above ("Recitals") are true and correct, and the Recitals are by this reference made a part of this Agreement.
1.2 Exhibits. The exhibits which are attached to this Agreement are by this reference made a part of this Agreement.
1.3 Abbreviations and Definitions. The following abbreviations and definitions will be used for purposes of this Agreement:
1.3.1 The abbreviations of the Parties set forth in the Preamble will be used for purposes of this Agreement.
1.3.2 "Additional City Services" means the following services coordinated and paid by MRS for the 5K and Half Marathon Race Event, as required by the City Temporary Use Permit, including: (1) law enforcement and fire protection; (2) garbage and refuse disposal; (3) crowd control and traffic control; (4) utilities; and (5) any additional services the City deems appropriate in its sole and absolute discretion.
1.3.3 "City Permit and Use Fees" means the fees and charges imposed by the City in connection with the issuance of permits and the fees and charges imposed by the DocuSign Envelope ID: E005867C-391A-4D2A-ABAB-B2416E8F6CDA Agreement between the
City of Malibu and Malibu Race Series LLC
City in connection with MRS’s 5K and Half Marathon Race Event (as defined herein).
1.3.4 "Concessions" means all concessions associated with the 5K and Half Marathon Race Event (as defined herein) offered or provided for a fee within the Race Facilities and during the Race Period, including, without limitation: (1) alcoholic and nonalcoholic beverages; (2) wearing apparel; (3) programs; (4) souvenirs; (5) seating; and (6) all other merchandise or services offered for sale in connection with the 5K and Half Marathon Race Event and during the 5K and Half Marathon Race Event Period.
1.3.5 "Laws" means all existing and future federal, state, and local constitutions, statutes, ordinances, rules, regulations, and resolutions, and all orders and decrees of lawful authorities having jurisdiction over the matter at issue.
1.3.6 "Race Course" means the staging and routes used by MRS for the 5K and Half Marathon Race Event as approved through the City Temporary Use Permit Application Process.
1.3.7 "5K and Half Marathon Race Event" means MRS’s athletic racing event consisting of running, including a 5K Race, Kids 1K Race, Kids 1 Mile Race, a Half Marathon Race to be held on:
Year Race Dates
2024 November 9 - 10
2025 November 8 - 9
2026 November 14 - 15
2027 November 13 - 14
2028 November 4 - 5
Set-up begins 5 days preceding the 5K and Half Marathon Race Event date. All equipment and materials will be removed the day after the race ends.
1.3.8 "Race Facilities" means those lands, improvements, buildings, public or other rights of way, or property, owned, leased to, or controlled by the City or under City authority used by MRS for the purpose of staging the 5K and Half Marathon Race Event.
1.3.9 "Race Period" means from 7:00 AM on the Monday preceding the 5K and Half Marathon Race Event until 5:00 PM on the Monday following the 5K and Half Marathon Race Event.
1.3.10 "Ticket Sale Rights" means the right to sell tickets and otherwise charge for admission to, or for participation in, the 5K and Half Marathon Race Event, and to sell tickets and otherwise charge for admission to, or for the use of Race Facilities in connection with 5K and Half Marathon Race Event, excluding the right to sell tickets to the general public that are solely for parking.
2.0 TERM OF AGREEMENT. This Agreement will become effective on January 9, 2024, and will remain in effect for a period of five (5) years from said date unless otherwise DocuSign Envelope ID: E005867C-391A-4D2A-ABAB-B2416E8F6CDA Agreement between the
City of Malibu and Malibu Race Series LLC
expressly extended and agreed to by both parties or terminated by either party as provided herein.
3.0 CITY AGENT. The City Manager, or their designee, for the purposes of this Agreement, is the agent for the City; whenever approval or authorization is required, MRS understands that the City Manager, or their designee, has the authority to provide that approval or authorization.
4.0 WARRANTIES AND REPRESENTATIONS
4.1 Warranties and Representations by MRS. MRS warrants and represents to the City as follows:
4.1.1 MRS is a limited liability company, presently existing, and in good standing under the laws of the State of California.
4.1.2 All appropriate action exists or has been accomplished by MRS so as to duly authorize the officers set forth below to execute this Agreement and all documents contemplated hereby on behalf of MRS so as to fully and firmly bind MRS to the terms and provisions of this Agreement and such other documents.
4.1.3 MRS has the financial capability to and shall conduct a 5K and Half Marathon Race Event in accordance with this Agreement.
4.2 Warranties and Representations by City. The City warrants and represents to MRS as follows:
4.2.1 The City is a municipality organized and existing under the laws of the State of California.
4.2.2 All appropriate action exists or has been accomplished by the City so as to duly authorize the officials set forth below to execute this Agreement and all documents contemplated hereby on behalf of the City so as to fully and firmly bind the City to the terms and provisions of this Agreement and such other documents.
5.0 SCHEDULING AND CONDUCTING A 5K and Half Marathon Race Event
5.1 Obligation to Conduct a 5K and Half Marathon Race Event.
MRS shall produce and conduct a 5K and Half Marathon Race Event on Saturday and Sunday, commencing in the year 2024, said dates will be determined by MRS no later than March 1 of each year and will be on the dates set forth in Exhibit B or within two weeks of such dates, excluding Labor Day weekends. MRS shall provide the City with written notice in the form of a City Temporary Use Permit Application no later than ninety (90) days prior to the first day of the 5K and Half Marathon Race Event Period.
5.2 5K and Half Marathon Race Event. The 5K and Half Marathon DocuSign Envelope ID: E005867C-391A-4D2A-ABAB-B2416E8F6CDA Agreement between the
City of Malibu and Malibu Race Series LLC
Race Event shall be conducted on the Half Marathon Course on Saturday and Sunday during the 5K and Half Marathon Race Event period and shall be held during daylight hours only. The 5K and Half Marathon Race Event shall be conducted in accordance with the terms and conditions of this Agreement, the City's Road Race Policy and all necessary governmental permits and/or approvals.
5.3 Set-Up, Operation and Dismantling Periods. MRS shall have the use of the Half Marathon Facilities during the 5K and Half Marathon Race Event Period for purposes of setup of the facilities and apparatus associated with the 5K and Half Marathon Race Event provided, however, that access to the Half Marathon Race Course will only be restricted during the time necessary to conduct the 5K and Half Marathon Race Event. It is anticipated that all facilities and apparatus associated with the 5K and Half Marathon Race Event will be set up and dismantled during the Race Period. In the event MRS requires additional time to dismantle the facilities and apparatus following the 5K and Half Marathon Race Event, MRS shall be permitted such additional time beyond the Race Period, so long as MRS has commenced the dismantling during the Race Period and continues to proceed in a diligent manner to complete the dismantling. MRS shall provide the City with a schedule indicating the dates and location of setup and dismantling of the facilities and apparatus associated with the 5K and Half Marathon Race Event, along with updates and changes thereto, as soon as is reasonably possible after the necessity for such updates and changes become known to MRS.
5.4 Clean-up and Restoration. MRS shall be responsible for cleaning up the Race Course and Race Facilities at the end of the 5K and Half Marathon Race Event.
Such clean-up shall include, without limitation, removal of litter and debris from City streets and the Race Facilities.
5.5 Conditions of Race Facilities. MRS shall be responsible for promptly returning the Race Facilities to the condition they were in immediately prior to the 5K and Half Marathon Race Event, reasonable wear and tear excepted. MRS shall be responsible for repairing any damage to the Race Facilities occurring during the 5K and Half Marathon Race Event by acts or omissions of Malibu Race Series LLC, its patrons or concessionaires.
5.6 Additional Municipal Services. MRS shall be responsible for the scheduling of and payment for all additional municipal services, as required by the City Temporary Use Permit. In certain circumstances, the City may facilitate the payment for additional municipal services to other federal, state or local governmental agencies. The City’s role in these payments shall only be administrative only (i.e., processing and ensuring the accuracy of the payments) and in no way constitutes the City’s agreement or sign-off on any other services, plans or arrangements provided by other agencies. Thus, the City shall accept no other responsibility other than facilitating the payment and shall have no liability whatsoever from any claims related to MRS and additional municipal services. MRS shall pay the estimated costs and expenses for additional municipal services no later than sixty (60) days prior to the 5K and Half Marathon Race Event. MRS shall pay any remaining costs for additional municipal services no later than sixty (60) days following the 5K and Half Marathon Race Event.
5.7 Compliance with Laws and Related Matters. Malibu Race Series LLC, its officers, employees, volunteers, agents, and concessionaires shall comply with all DocuSign Envelope ID: E005867C-391A-4D2A-ABAB-B2416E8F6CDA Agreement between the
City of Malibu and Malibu Race Series LLC
applicable Laws throughout the Term of this Agreement.
5.8 Liability for Expenses. Under no circumstances shall the City be liable for any costs or expenses incurred by MRS in any way related to or connected with the 5K and Half Marathon Race Event unless specifically provided for in this Agreement.
5.9 Authorizations. MRS shall be responsible for seeking and obtaining any and all permits, licenses, certifications, consents, or other authorizations required from any governmental agency or other public or private entity in order to hold the 5K and Half Marathon Race Event and perform all other activities in connection therewith.
5.10 Red Flag Warning. In the event of a “Red Flag Warning” condition as determined by the Los Angeles County Fire Department or other relevant entity, MRS shall either: (i) cancel the 5K and Half Marathon Race Event or (ii) postpone any race event on the affected days. In the event of postponement, MRS shall obtain written authorization from the City, which shall not be unreasonably withheld, to conduct the race event on others days outside of the days listed above. The Parties shall use best efforts to reschedule such that it does not impact other events going on in the City or negatively impact the public health and safety.
6.0 GENERAL TERMS.
6.1 Right to Conduct 5K and Half Marathon Race Event. The City hereby grants to MRS the right to produce and conduct a 5K and Half Marathon Race Event in accordance with the terms and conditions of this Agreement and City Council Policy No. 47 (Road Race Policy). MRS is responsible for applying for and securing all applicable governmental approvals/permits in a timely manner, prior to conducting any portion of the 5K and Half Marathon Race Event or performing any setup activity related to the 5K and Half Marathon Race Event and complying with the City's Road Race Policy. The City and MRS agree that the 5K and Half Marathon Race Event is one of the two road race events which are entitled to seek a City Temporary Use Permit each calendar year as set forth in the City's Road Race Policy. All discretionary authority of the City with respect to any and all such permits and/or approvals is expressly retained and nothing in this Agreement shall be construed as limiting or expanding the City's discretionary authority in any way, or committing the City to any particular decision or outcome, with respect to any requisite permits or approvals. The City's denial of any discretionary permit necessary to conduct the 5K and Half Marathon Race Event shall not be deemed a breach of this Agreement, so long as such denial complies with applicable law and regulation. MRS hereby acknowledges that the City has police powers pursuant to applicable Laws to take reasonable and appropriate action in the event the conduct of the 5K and Half Marathon Race Event, or any portion thereof or activity associated therewith, is endangering the health, safety or welfare of the general public, is violating any applicable law or regulation, or is otherwise creating a public nuisance. The safety of the 5K and Half Marathon Race Event participants shall be the sole responsibility of Malibu Race Series LLC
6.2 Concession Rights. The City hereby grants MRS the right to operate, or to license (in whole or in part) to others, the Concessions associated with the 5K and Half Marathon Race Event during the Race Period. The City agrees not to hereafter extend any DocuSign Envelope ID: E005867C-391A-4D2A-ABAB-B2416E8F6CDA Agreement between the
City of Malibu and Malibu Race Series LLC
Concession rights to any person or entity other than MRS which would permit the operation or licensing of Concessions, or the vending or offering for sale of any goods or services competitive with the Concessions. Notwithstanding the foregoing, this grant of rights to Concessions shall not affect the activities of otherwise properly licensed Malibu merchants and business persons in conducting their trade or business during the 5K and Half Marathon Race Event, or parties with which it has contracted to provide Concessions at any City-owned property or facility.
6.3 Ticket Sale Rights and City Rights. The City hereby grants to MRS exclusive Ticket Sale Rights for the 5K and Half Marathon Race Event.
6.4 Participation. The total number of participants for the 5K and Half Marathon Race Event shall not exceed: 5,000 participants.
6.5 No Interest in Land. MRS rights pursuant to this Agreement shall not be construed as a lease, easement, or other interest in land, buildings, or other property of the City.
6.6 Donation. MRS agrees to donate the following minimum amount to the Boys and Girls Club of Malibu or another community-oriented charitable organization as designated by the City, no later than 60 calendar days after the final event date each year.
Year Donation
2024 $25,000
2025 $27,500
2026 $30,000
2027 $32,500
2028 $35,000
MRS agrees that it will identify each benefitting non-profit or community-oriented charitable organization’s specific area or areas that said donation will go towards.
This Agreement and all of its terms, conditions, and provisions, is made and entered into for the sole protection and benefit of MRS and the City and not for the benefit of any other individual or entity. No other person has any right of action of any kind based on any provision of this Agreement nor may any other person be deemed to be a third-party beneficiary under this Agreement.
6.7 Exclusivity. The City will not authorize, without MRS’s permission, any 5K and Half Marathon Race Event, other than the 5K and Half Marathon Race Event organized and conducted by MRS, sixty (60) days before the 5K and Half Marathon Race Event or sixty (60) days after the 5K and Half Marathon Race Event throughout the Term of this Agreement.
6.8 Termination. Either the City or MRS may terminate this Agreement, without cause, by giving the other party six (6) months written notice of such termination and the effective date thereof.
6.8.1 If MRS or the City fail to fulfill in a timely and proper manner its obligations under this Agreement, or if MRS or the City violate any of the covenants, DocuSign Envelope ID: E005867C-391A-4D2A-ABAB-B2416E8F6CDA Agreement between the
City of Malibu and Malibu Race Series LLC
agreements, or stipulations of this Agreement, MRS or the City shall have the right to terminate this Agreement by giving written notice to the other party of such termination and specifying the effective date of such termination. MRS shall be entitled to receive compensation in accordance with the terms of this Agreement for any work satisfactorily completed hereunder.
Notwithstanding the foregoing, MRS shall not be relieved of liability for damage sustained by virtue of any breach of this Agreement, and any payments due under this Agreement may be withheld to offset anticipated damages.
6.9 Non-Assignability. MRS shall not assign or transfer any interest in this Agreement without the express prior written consent of the City.
6.10 Non-Discrimination. MRS shall not discriminate as to race, creed, gender, color, national origin, or sexual orientation in the performance of its services and duties pursuant to this Agreement, and will comply with all applicable laws, ordinances, and codes of the Federal, State, County and City governments.
6.11 Insurance. The MRS shall submit to the City certificates indicating compliance with the following minimum insurance requirements no less than ten (10) days prior to prior to 5K and Half Marathon Race Event. The MRS further agrees to comply with all provisions in the attached Exhibit C which is incorporated herein.
6.12 Indemnification. MRS shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees, and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees, and all other costs and fees of litigation) of every nature arising out of or in connection with Malibu Race Series LLC's activities related to producing and conducting a 5K and Half Marathon Race Event hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Malibu Race Series LLC's legal counsel unacceptable, then MRS shall reimburse the City its costs of defense, including without limitation reasonable attorney's fees, expert fees and all other costs and fees of litigation. MRS shall promptly pay any final judgment rendered against the City (and its officers, officials, employees, and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
6.13 Compliance with Applicable Law. MRS and the City shall comply with all applicable laws, ordinances, and codes of the federal, state, county, and city governments, including, without limitation, Malibu Municipal Code Chapter 5.36 Minimum Wage.
6.14 Independent Contractor. This Agreement is by and between the City and MRS and is not intended, and shall not be construed, to create the relationship of agency, servant, employee, partnership, joint venture, or association, as between the City and Malibu Race Series LLC.
6.14.1 MRS shall be an independent contractor and shall have no power DocuSign Envelope ID: E005867C-391A-4D2A-ABAB-B2416E8F6CDA Agreement between the
City of Malibu and Malibu Race Series LLC
to incur any debt or obligation for or on behalf of the City. Neither the City nor any of its officers or employees shall have any control over the conduct of Malibu Race Series LLC, or any of Malibu Race Series LLC's employees, except as herein set forth, and MRS expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees are in any manner employees of the City, it being distinctly understood that MRS is and shall at all times remain to the City a wholly independent contractor and Malibu Race Series LLC's obligations to the City are solely such as are prescribed by this Agreement.
6.14.2 MRS shall not use the City Seal or present the 5K and Half Marathon Race Event as a City-organized event without prior approval from the City.
6.15 Legal Construction.
6.15.1 This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced, and governed under the laws of the State of California.
6.15.2 This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement.
6.15.3 The article and section, captions, and headings herein have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.
6.15.4 Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.
6.16 Counterparts. This Agreement may be executed in counterparts and as so executed shall constitute an agreement which shall be binding upon all parties hereto.
6.17 Default. The following shall be deemed events of default ("Default") under this Agreement:
6.17.1 By City. Failure by the City to perform or comply with its obligations or responsibilities hereunder, which is not cured within a reasonable time, but in no event to exceed thirty (30) days following receipt by the City of written notice from MRS specifying with particularity the Default so claimed. The thirty (30) day curative period provided herein may be expanded by so much additional time as is reasonably necessary to cure the Default, provided that the City commences to cure such Default within such thirty (30) day period and thereafter diligently and continuously proceeds to cure the Default.
6.17.2 By Malibu Race Series LLC. Any one or more of the following shall be deemed a Default by Malibu Race Series LLC:
DocuSign Envelope ID: E005867C-391A-4D2A-ABAB-B2416E8F6CDA Agreement between the
City of Malibu and Malibu Race Series LLC
6.17.2.1 Failure of MRS to perform or comply with its
obligations or responsibilities hereunder, which is not cured within a reasonable time, but in no event to exceed thirty (30) days following receipt by MRS of written notice from the City specifying with particularity the Default so claimed. The thirty (30) day curative period provided herein may be expanded by so much additional time as is reasonably necessary to cure the Default provided that MRS commences to cure such Default within such thirty (30) day period and thereafter diligently and continuously proceeds to cure the Default.
6.17.2.2 MRS attempts to assign or transfer any interest in this Agreement without the express prior written consent of the City.
6.17.2.3 MRS makes a voluntary assignment for the benefit of its creditors.
6.17.2.4 MRS files a voluntary petition in bankruptcy or becomes the subject of an involuntary petition in bankruptcy which is not discharged within sixty (60) days after the filing of such involuntary petition in bankruptcy.
6.18 Waiver; Remedies Cumulative. Failure by a party to insist upon the performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy. In no event shall either party be liable for any loss of use, loss of time, inconvenience, lost profits or other special, incidental or consequential damages in any way related to or arising from this Agreement or the 5K and Half Marathon Race Event.
6.19 Mitigation of Damages. In all such situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.
6.20 Force Majeure. Each Party shall be excused from performance of its obligations hereunder to the extent such performance has been delayed, hindered or prevented by any cause or causes beyond such Party's reasonable control, which shall include, without limitation, labor disputes, riots, civil commotion or insurrection, war, war-like operations or terrorist acts, invasion, rebellion, military or usurped power, sabotage, governmental restrictions, regulations, or controls, inability to obtain any materials or services, fire or other casualties, natural disasters or acts of God. In the event any 5K and Half Marathon Race Event Facility or portion thereof is destroyed or substantially damaged at any time during the Term of this Agreement by fire, casualty or other cause, the City shall not be required to repair or rebuild such DocuSign Envelope ID: E005867C-391A-4D2A-ABAB-B2416E8F6CDA Agreement between the
City of Malibu and Malibu Race Series LLC
5K and Half Marathon Race Event Facilities or portion thereof. If the RACE Course is unavailable due to circumstances beyond the City's control, the Parties shall mutually agree in writing on a revised RACE Course approved through the City Temporary Use Permit Application Process.
6.21 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
6.22 Entire Agreement. This Agreement constitutes the whole agreement between the City and Malibu Race Series LLC, and neither party has made any representations to the other except as expressly contained herein. Neither party, in executing or performing this Agreement, is relying upon any statement or information not contained in this Agreement. Any changes or modifications to this Agreement must be made in writing appropriately executed by both the City and Malibu Race Series LLC.
6.23 Notices. Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
City: Steve McClary Malibu Race Series
LLC:
Nicolas Angio
City Manager Chief Financial Officer
City of Malibu
23825 Stuart Ranch Road
Malibu Race Series LLC
30765 Pacific Coast Hwy #165
Malibu, CA 90265-4861 Malibu, CA 90265
TEL (310) 456-2489 x 224 TEL: (438) 395-0817
FAX (310) 456-2760 [email protected]
6.24 Warranty of Authorized Signatories and Acceptance of Facsimile or Electronic Signatures. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature. [Signature Page(s) to Follow]
DocuSign Envelope ID: E005867C-391A-4D2A-ABAB-B2416E8F6CDA Agreement between the
City of Malibu and Malibu Race Series LLC
This Agreement is executed on __________________, at Malibu, California, and effective as of ___________________.
CITY OF MALIBU:
___________________________________
STEVE MCCLARY, City Manager
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
MALIBU RACE SERIES LLC:
_______________________________
By: NICOLAS ANGIO, CFO Malibu Race
Series LLC
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
DocuSign Envelope ID: E005867C-391A-4D2A-ABAB-B2416E8F6CDA EXHIBIT A Malibu Race Series LLC
DocuSign Envelope ID: E005867C-391A-4D2A-ABAB-B2416E8F6CDA EXHIBIT A Malibu Race Series LLC
DocuSign Envelope ID: E005867C-391A-4D2A-ABAB-B2416E8F6CDA EXHIBIT A Malibu Race Series LLC
DocuSign Envelope ID: E005867C-391A-4D2A-ABAB-B2416E8F6CDA
EXHIBIT B
Malibu Race Series LLC
2024 – 2028 Race Dates
General Logistics Timeline
Set up will start at Zuma Beach on the Monday prior to race weekend.
Friday – Event Expo at the Zuma Beach Parking Lot
Saturday – Event Expo, 5K and Kids race within Zuma Beach, including 1K beach run Sunday – Event Expo and Half Marathon
Sunday – Race Take-Down and Clean-Up
Year Race Dates
2024 November 9 - 10
2025 November 8 - 9
2026 November 14 - 15
2027 November 13 - 14
2028 November 4 - 5
DocuSign Envelope ID: E005867C-391A-4D2A-ABAB-B2416E8F6CDA
EXHIBIT C
INSURANCE LANGUAGE
Without limiting Malibu Race Series LLC’s indemnification of City, and prior to commencement of work and/or services under this Agreement, Malibu Race Series LLC shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
General Liability Insurance. Malibu Race Series LLC shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile Liability Insurance. Malibu Race Series LLC shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Malibu Race Series LLC arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than 2,000,000 combined single limit for each accident.
Professional Liability (Errors & Omissions) Insurance. Malibu Race Series LLC shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Malibu Race Series LLC agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
Workers’ Compensation Insurance. Malibu Race Series LLC shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).
Malibu Race Series LLC shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
Umbrella or Excess Liability Insurance. Malibu Race Series LLC shall obtain and maintain an umbrella liability insurance policy with a $2,000,000 limit that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
• “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies.
Should Malibu Race Series LLC obtain and maintain an excess liability policy, such policy shall DocuSign Envelope ID: E005867C-391A-4D2A-ABAB-B2416E8F6CDA
EXHIBIT C
Malibu Race Series LLC
be excess over commercial general liability, automobile liability, and employer’s liability policies.
Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.
Athletic Participant Medical Expense Insurance. Malibu Race Series LLC shall obtain and maintain athletic participant medical expense insurance with a $100,000 limit per participant. This coverage should extend to volunteers, event officials if applicable, and other attendees involved in the event who may not be participants.
Sexual Abuse/Molestation Insurance. Malibu Race Series LLC shall procure and maintain sexual abuse and molestation liability coverage in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate. This coverage may be part of commercial general liability coverage, professional liability coverage, or a separate policy.
Participant Race Waiver. Malibu Race Series LLC shall include waiving claims against the City of Malibu on all participant race waivers, forms, and documents.
OTHER PROVISIONS OR REQUIREMENTS
Proof of Insurance. Malibu Race Series LLC shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City for the contract period and any additional length of time required thereafter. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of Coverage. Malibu Race Series LLC shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Malibu Race Series LLC, their agents, representatives, employees, or sub Malibu Race Series LLCs.
Primary/Noncontributing. Coverage provided by Malibu Race Series LLC shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.
City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Malibu Race Series LLC or City will withhold amounts sufficient to pay DocuSign Envelope ID: E005867C-391A-4D2A-ABAB-B2416E8F6CDA
EXHIBIT C
Malibu Race Series LLC
premium from Malibu Race Series LLC payments. In the alternative, City may cancel this Agreement.
Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Malibu Race Series LLC or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Malibu Race Series LLC hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its sub Malibu Race Series LLCs.
Enforcement of Contract Provisions (Non Estoppel). Malibu Race Series LLC acknowledges and agrees that any actual or alleged failure on the part of the City to inform Malibu Race Series LLC of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Malibu Race Series LLC maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Malibu Race Series LLC. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Notice of Cancellation. Malibu Race Series LLC agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Malibu Race Series LLC’s insurers are unwilling to provide such notice, then Malibu Race Series LLC shall have the responsibility of notifying the City immediately in the event of Malibu Race Series LLC’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.
Additional Insured Status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.
DocuSign Envelope ID: E005867C-391A-4D2A-ABAB-B2416E8F6CDA
EXHIBIT C
Malibu Race Series LLC
Prohibition Of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
Separation of Insureds. A severability of interests’ provision must apply for all additional insureds ensuring that Malibu Race Series LLC’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass Through Clause. Malibu Race Series LLC agrees to ensure that its sub Malibu Race Series LLCs, subcontractors, and any other party who is brought onto or involved in the project/service by Malibu Race Series LLC (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Malibu Race Series LLC under this Agreement.
Malibu Race Series LLC agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Malibu Race Series LLC’s Subcontractor cannot comply with this requirement, which proof must be submitted to the City, Malibu Race Series LLC may still be able to utilize the Subcontractor provided Malibu Race Series LLC shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Malibu Race Series LLC, but in all other terms consistent with the Malibu Race Series LLC’s requirements under this Agreement. This provision does not relieve the Malibu Race Series LLC of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Malibu Race Series LLC with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Malibu Race Series LLC under this Agreement given the limited scope of work or services provided by the subcontractor. Malibu Race Series LLC agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to City for review.
City’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Malibu Race Series LLC ninety (90) days’ advance written notice of such change. If such a change results in substantial additional costs to the Malibu Race Series LLC, the City and Malibu Race Series LLC may renegotiate the Malibu Race Series LLC’s compensation.
Self-Insured Retentions. Any self-insured retentions must be declared to and approved by the City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.
Timely Notice Of Claims. Malibu Race Series LLC shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Malibu Race Series LLC’s DocuSign Envelope ID: E005867C-391A-4D2A-ABAB-B2416E8F6CDA
EXHIBIT C
Malibu Race Series LLC
performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional Insurance. The Malibu Race Series LLC shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
DocuSign Envelope ID: E005867C-391A-4D2A-ABAB-B2416E8F6CDA
Agenda Item # 6.B.
Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Alexis Brown, Deputy City Manager
Approved by: Steve McClary, City Manager
Date prepared: December 13, 2023 Meeting date: January 8, 2024 Subject: Reorganization of City Council Agenda Format for Regular City Council Meetings (Continued from December 11, 2023)
RECOMMENDED ACTION: 1) Adopt Resolution No. 23-53 superseding and replacing Resolution No. 99-007 and Section 1 (VI)(A) of Resolution No. 98-083 to establish the start time and format for Regular City Council Meetings, 2) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 514 amending Malibu Municipal Code Section 2.08.010 and determining the start time of regular City Council meetings shall be set by resolution, and 3) Direct staff to schedule second reading and adoption of Ordinance No. 514 for the January 22, 2024 City Council Regular meeting.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
STRATEGIC PRIORITY: This item supports the Malibu Culture priority identified in the Adopted FY 2023-24 Strategic Priority Project List.
DISCUSSION: The suggested agenda reorder is intended to better promote community engagement and improve culture. On September 27, 2023, the Malibu City Council adopted a new Strategic Work Plan identifying 20 items as “Priority Projects.” Under the core focus of Top Workplace Culture-Recruitment and Retention, the main project identified as Malibu Culture highlighted several key areas such as recruitment and retention, workplace morale and employee culture. Several initiatives to support the Malibu Culture Project were discussed: including consideration for the re-ordering of the City Council’s agenda format and establishing a new start time for regular meetings.
In the proposed changes, you will see a recommended start time of 6:00 PM, a reprioritization of the consent agenda and council/committee/commission reports, and the separation of in-person public comment for items not on the agenda from remote City Council Meeting
01-08-24
Item
6.B.
Agenda Item # 6.B.
participation. The new format is intended to prioritize city business, promote local public participation, promote dialogue on the actionable agenda items, and assist in mitigating security concerns related to zoom bombings.
Additionally, the agenda re-order is an effective strategy to address staff burnout by promoting effective time management and a healthier balanced work environment.
Achieving a healthy work-life balance is not only beneficial for our employees’ well-being, but also positively influences productivity, job satisfaction and overall organizational success. This furthers the city’s efforts for an effective recruitment and retention strategy, with an overall benefit and goal of providing quality service for the Malibu community.
The main changes are summarized as follows:
• Earlier Start Time - a 30 minute earlier start time to help Council deliberate on actionable City business items at a reasonable hour as well as facilitate the administrative or ministerial items to be done earlier. • Presentations – moved ceremonial items up to allow for those participants to have their items done first and not be delayed. It is recommended that nonceremonial presentations be taken up after the consent calendar. • Consent Calendar – moved up earlier in the meeting to allow for both Council and Staff to complete these administrative items earlier and not be delayed by other actions. In addition, the suggested “Guide to the City Council Proceedings” section describes how the public can still comment on the whole of the Consent Calendar and then a Councilmember can pull an item. This is the standard practice that California cities follow.
• Public Comment, In-Person and Remote (4A and 9A) – Public comment section is suggested to be split to encourage local dialogue of in-person participants and deter security issues with remote participants. The Council could also decide to limit the time of comments during the initial 4A section to facilitate proceeding to timely business matters
• Reports and Announcements – as was suggested during the strategic work sessions, this agenda section is moved to the end of the meeting to allow the actionable City business items to be the focus of the meeting earlier.
If approved by Council, the agenda order change will be initiated in February. The Council can try the new order for a few months and see if it’s working and supported.
The Council can easily change it to another order at a later date.
ALTERNATIVES:
• Provide Direction to Staff and reprioritize proposed agenda format. • Take No Action and continue to conduct meetings as established by Resolution No. 99-007 and Resolution No. 98-083.
Agenda Item # 6.B.
ATTACHMENTS:
1. Resolution No. 23-53
2. Ordinance No. 514
3. Mock Up on New Agenda Format
RESOLUTION NO. 23-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
SUPERSEDING AND REPLACING RESOLUTION NO. 99-007 AND SECTION 1(VI)(A) OF RESOLUTION NO. 98-083 AND ESTABLISHING THE START
TIME AND FORMAT FOR REGULAR CITY COUNCIL MEETINGS
The City Council of the City of Malibu does hereby find, order, and resolve as follows:
SECTION 1. This resolution supersedes and replaces Resolution No. 99-007 and Section (VI)(A) of Resolution 98-083.
The following format for regular City Council agendas is hereby adopted:
A. Format: The format of the City Council agendas shall be as follows unless otherwise re-ordered by Council at a specific meeting.
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Closed Session Report
5. Report on Posting of the Agenda
6. Approval of the Agenda
7. Ceremonial Presentation(s)
8. Consent Calendar
9. Presentations and Updates
10. Written and Oral Communications from the Public Participating In-Person
11. Ordinances and Public Hearings
12. Old Business
13. New Business
14. Council Items
15. Oral Communications from the Public Participating Remotely
16. Reports and Announcements(Commission, City Council and City Manager)
17. Adjournment
SECTION 2.
The start time for regular City Council meetings is governed by Malibu Municipal Code Section
2.08.010. This section allows the meeting time to be changed by resolution of the City Council. The regular meeting time of the City Council is hereby adopted as follows:
A. Regular meetings of the City Council shall be held on the second and fourth Mondays of each month at 6:00 p.m. Closed session may be held between 5:00 p.m. and 6:00 p.m. No closed session will be held during said hours unless the posted agenda of the regular meeting indicates that such sessions will take place; in the absence of such notification, the regular meeting shall commence at the hour of six p.m.
B. Prompt Call to Order at 6:00 p.m. and adjournment by 10:00 p.m.
Resolution No. 23-53
_____________________
a. The City Council shall start their regular meetings promptly at 6:00 p.m. The City Council shall not hear any new items of business after 10:00 p.m. unless two-thirds of City Councilmembers vote to do so. Prior to adjournment, the City Council shall allow for public comment and take up those items required by law.
SECTION 3. This resolution shall take effect February 1, 2024.
SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED, and ADOPTED this 8th day of January 2024. _____________________________
STEVE UHRING, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
ORDINANCE NO. 514
AN ORDINANCE OF THE CITY OF MALIBU AMENDING MALIBU
MUNICIPAL CODE SECTION 2.08.010 AND DETERMINING THE START
TIME OF REGULAR CITY COUNCIL MEETINGS SHALL BE SET BY
RESOLUTION
The City Council of the City of Malibu does ordain as follows:
SECTION 1. Amendments
A. Section 2.08.010 of the Malibu Municipal Code is amended to read as follows:
“Regular meetings of the Malibu City Council shall be held on the second and fourth Mondays of each month, or, if any such day is on a holiday, then the meeting scheduled on such day shall be held in the council chambers on the next succeeding day which is not a holiday. The regular meeting times of the Malibu City Council shall be set by resolution of the City Council.”
SECTION 2. The City Clerk shall certify the adoption of this ordinance.
PASSED, APPROVED AND ADOPTED this ____ day of ____ 2024. ____________________________
STEVE UHRING, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
Date: _________________________
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
HOW TO VIEW THE MEETING: The meeting will be live streamed at www.malibucity.org/video and via Zoom Webinar.
HOW TO PARTICIPATE BEFORE THE MEETING: Members of the public are encouraged to submit email correspondence to [email protected] before the meeting begins.
HOW TO PARTICIPATE IN-PERSON DURING THE MEETING: Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate in-person, each speaker must complete and submit to the Recording Secretary a Request to Speak form. In-person participants may also surrender their opportunity to speak on a particular item to defer one minute to another in-person speaker.
HOW TO PARTICIPATE REMOTELY DURING THE MEETING: Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate remotely, you must be present in the Zoom Webinar during the item that you would like to speak on and use the Raise Hand feature to request to speak when the Mayor calls the item. When you join the Zoom Webinar you may see a pop-up asking you to enter an email address, but a valid email address is not required. Be advised that those participating via Zoom do so at their own risk; remote participants should not expect the meeting to be cancelled or continued due to the inability of some members of the public to access the remote meeting.
Malibu City Council
Regular Meeting Agenda
Monday, February 12, 2024
5:00 P.M. - CLOSED SESSION
City Hall – Council Chambers (call to order)
Westward Room (closed session)
23825 Stuart Ranch Road
6:00 P.M. – CITY COUNCIL REGULAR MEETING
City Hall – Council Chambers
23825 Stuart Ranch Road
Zoom Webinar Link:
Five p.m. Convene for Purpose of Closed Session
Call to Order – Mayor (Council Chambers)
Public Comment on Closed Session Items
City Council Regular Meeting Agenda Page - 2 - February 12, 2023 Recess to Closed Session (to be held in the Westward Room) This time has been set aside for the City Council to meet in a closed session to discuss matters pursuant to Government Code Section 54956.9. Based on the advice of the City Attorney, discussion in open session concerning these matters would prejudice the position of the City in this litigation. The City Attorney will give an additional oral report regarding the Closed Session at the beginning of the next regular City Council meeting.
At the conclusion of the Closed Session, the Council may continue any item listed on the Closed Session agenda to the Open Session agenda for discussion or to take formal action as it may deem appropriate.
Six p.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
Pledge of Allegiance
Closed Session Report
Report on Posting of Agenda
Approval of Agenda
1. Ceremonial Presentations
2. Consent Calendar
A. Previously Discussed Items
B. New Items
3. Presentations and Updates
4. Written and Oral Communications from the Public Participating In-Person A. Communications from the Public concerning matters which are not on the agenda but for which the City Council hassubject matter jurisdiction. City Council may not act on these matters except to refer the matters to staff or schedule the matters for a future agenda.
5. Ordinances and Public Hearings
6. Old Business
7. New Business
8. Council Items
City Council Regular Meeting Agenda Page - 3 - February 12, 2023
9. Oral Communications from the Public Participating Remotely A. Communications from the Public concerning matters which are not on the agenda but for which the City Council hassubject matter jurisdiction. City Council may not act on these matters except to refer the matters to staff or schedule the matters for a future agenda.
10. Reports and Announcements
A. Commission and Committee Reports
B. Mayor and Councilmember meeting attendance, reports and inquiries C. City Manager Report
Adjournment
Future Meetings
Guide to the City Council Proceedings
The Oral Communication portions of the agenda are for members of the public to present items, which are not listed on the agenda but are under the subject matter jurisdiction of the City Council. No action may be taken under, except to direct staff, unless the Council, by a two-thirds vote, determines that there is a need to take immediate action and that need came to the attention of the City after the posting of the agenda. Although no action may be taken, the Council and staff will follow up, at an appropriate time, on those items needing response. Each speaker is limited to three (3) minutes.
Members of the public may speak during the meeting in-person or through the Zoom application. In-person comments will be heard in section 4.A. and remote comments will be heard in section 9.A. In order to participate remotely, you must be present in the Zoom Webinar during the item that you would like to speak on and use the Raise Hand feature to request to speak when the Mayor calls the item. In order to participate in-person, each speaker must complete and submit to the Recording Secretary a Request to Speak form prior to the beginning of the item being announced by the Mayor.
In person participants may surrender their time by deferring one (1) minute to another speaker, not to exceed a total of eight (8) minutes. The speaker wishing to defer time must be present when the item is heard, and their form must be submitted with the speaker form for the individual they are deferring time to. Speakers are taken in the order slips are submitted or hands are raised.
Itemsin Consent Calendar Section A have already been considered by the Council at a previousmeeting where the public was invited to comment, after which a decision was made. These items are not subject to public discussion at this meeting because the vote taken at the previous meeting was final. Resolutions concerning decisions made at previous meetings are for the purpose of memorializing the decision to assure the accuracy of the findings, the prior vote, and any conditions imposed.
Items in Consent Calendar Section B have not been discussed previously by the Council. If discussion is desired, an item may be pulled from the Consent Calendar for individual consideration by Councilmember request.
Councilmembers may indicate a negative or abstaining vote on any individual item by so declaring prior to the vote on the motion to adopt the entire Consent Calendar. Items excluded from the Consent Calendar will be taken up by the Council following the action on the Consent Calendar. The Council will take up the removed itemsin sequential order. Public speakers may comment on Consent Calendar items before the Consent Calendar is taken up by the Council. Public comment shall follow the rules as set forth under Oral Communication For Public Hearings involving zoning matters the appellant and applicant will be given 15 minutes each to present their position to the City Council, including rebuttal time. All other testimony shall follow the rules as set forth under Oral Communication.
City Council Regular Meeting Agenda Page - 4 - February 12, 2023 Old Business items have appeared on previous agendas but have either been continued or tabled to this meeting with no final action having been taken. Public comment shall follow the rules as set forth under Oral Communication.
Items in New Business are items which are appearing for the first time for formal action. Public comment shall follow the rules as set forth under Oral Communication.
City Council Items are items which individual members of the City Council may bring up for action, to propose future agenda items or to suggest future staff assignments.
After 10:00 p.m., no new items will be taken-up until the Council hears oral communications from the public participating remotely and the Councilmember provide their meeting attendance reports. No other new items will be taken up after 10:00 p.m. without a two-thirds vote of the City Council.
City Council meetings are aired live and replayed on City of Malibu Government Access Channel 3 and are available on demand on the City’s website at www.malibucity.org/video. Copies of the staff reports or other written documentation relating to each item of business described above are on file in the office of the City Clerk, Malibu City Hall, 23825 Stuart Ranch Road, Malibu, California, and are available for public inspection during regular office hours, which are 7:30 a.m. to 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. Friday. Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's office at 23825 Stuart Ranch Road, Malibu, California (Government Code Section 54957.5.b.2). Copies of staff reports and written materials may be purchased for $0.10 per page.
TheCity Hall phone number is (310) 456-2489. To contact City Hall using a telecommunication device for the deaf (TDD), please call (800) 735-2929 and a California Relay Service operator will assist you. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Environmental Sustainability Director Yolanda Bundy, (310) 456-2489, ext. 229. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADD Title II].
Requests to show an audio or video presentation during a Council meeting should be directed to the Media Team at [email protected]. Material must be submitted by 12:00 p.m. on the meeting day.
I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Regular and Adjourned Regular meeting agendas may be amended up to 72 hours in advance of the meeting. Dated this Xth day of Month 2023 at 2:00 p.m.
Kelsey Pettijohn, City Clerk
Agenda Item # 6. C.
Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Joseph D. Toney, Assistant City Manager
Reviewed by: Alexis Brown, Deputy City Manager
Approved by: Steve McClary, City Manager
Date prepared: December 7, 2023 Meeting date: January 8, 2024 Subject: Malibu Schools Centralized Fundraising & Athletic Pathways RECOMMENDED ACTION: Direct staff to increase the General Fund Grant program to $553,100, for FY 2023-24, and make a one-time appropriation of $353,100 to the Malibu School Leadership Council through the Shark Fund.
FISCAL IMPACT: Funding for these services was not included in the Adopted Budget for FY 2023-24. The request is for $353,100 of new appropriation from General Fund Balance.
The General Fund Grant Program is currently limited to $200,000, and would increase the limit to $553,100.
STRATEGIC PRIORITY: This item was not included in the Adopted FY 2023-24 Strategic Priority Project List. At the Council’s direction, this project can be brought back at a future Strategic Planning meeting for prioritization.
DISCUSSION: The City of Malibu was approached by members of the Parent Teacher Student Association (PTSA) Malibu and Malibu School Leadership Council (MLSC) to discuss opportunities to enhance Malibu’s education system through two initiatives:
creation of a Centralized Funding Entity and Implementation of Athletic Pathways.
The Malibu High School PTSA supports both Malibu High School and Malibu Middle School. It is a unit of the California State PTA and National PTA organizations and shares the common mission to positively impact the lives of all children and families. The PTSA provides financial and parent support for supplemental classroom supplies, field trips, college and career services, SAT/ACT test prep, science and technology programs, bilingual support, Mindfulness Support, CPR certification, the library, the copy center, the City Council Meeting
01-08-24
Item
6.C.
Agenda Item # 6. C.
website, the directory, emergency supplies, parent education, family and multicultural events, staff appreciation, student counseling programs, student honors and graduation ceremonies, senior scholarships and legislative support. The MSLC was formed in 2014 by parent leaders and local heads of student organizations to promote Malibu’s interests in the broader educational community. Members of the Council include representatives from the PTA/PTSA of Malibu Schools, Malibu Boys & Girls Club, Malibu Shark Fund and Advocates for Malibu Public Schools (AMPS).
In an effort to establish parity between Malibu Public schools and those in surrounding areas, the MSLC approached Santa Monica Malibu Unified School District (SMMUSD) Board of Education and Malibu City Council over the summer of 2023 with a proposal for the launch of a centralized fundraising entity in Malibu, requesting financial support from both. The MSLC is comprised of parent and administrative leadership across Malibu Schools and represents the voice of the parent, student, and school community, covering approximately 50% of the Malibu population. The goal is to establish and maintain parity across academics, arts, and athletics, for Malibu Public Schools by providing the necessary financial support through a professionally run centralized fundraising entity.
Current fundraising efforts are entirely driven by volunteer parents, focused on the needs of each school site for the current year. This approach is not sustainable, as the cost to establish parity continues to rise and volunteer parents are not equipped to meet those fundraising needs. As an example, Santa Monica has the Education Foundation, which supports arts, school aides and is funding the launch of an athletics pathway with competitive sports in Santa Monica Middle School.
The MSLC proposed an approach to establish a centralized fundraising entity to support current school needs and fund their staff within three years, by July 2026. It is anticipated that the financial support required from Malibu City will decrease over the next 2 phases as the entity begins to raise funds, with the City approving funding for each phase based on success benchmarks met in the previous phase. SMMUSD has committed $200k this school year in support of this proposal, with an extension of the same amount for the following school year to be reviewed for approval each January.
On October 9, 2023, the City Council directed that the request for funding this initiative be brought before the Administrative & Finance Subcommittee (A&F) for review and recommendation.
Administrative and Finance Subcommittee Recommendation
On November 6, 2023, A&F reviewed the request in detail. A&F recommended the Council approve $353,100, to fund phase 1 with requirements for monthly updates and quarterly reports against set success benchmarks. The $353,100, is broken down as follows:
• $175,000 in Funding for staff (2023-24 School Year): 9 Instructional Aides and 2 arts teachers across the elementary schools. SMMUSD is providing $200,000.
Agenda Item # 6. C.
Funding enables parents across the schools to volunteer to support the launch of the entity.
• $22,000 Funding for a Fundraising Consultant: Six-month contract with a consultant to assess the opportunity, develop a roadmap strategy, fundraising benchmarks and help with the job description and search for the Executive Director, to be hired in Phase 2 (July 2024).
• $156,100 Funding for an Athletics Pathway: Hire an athletics coordinator (1 year contract) and launch Middle School athletics program in Spring 2024.
Considerations
The existing General Fund Grant Program was allocated $200,000, in FY 2023-24, with funds being approved amongst 20 different non-profits. Approving a new General Fund Grant is out of sequence with the existing process and opens the City to other non-profit requests throughout the year.
The General Fund Grant Program currently requires the following of all applicants:
• Application including narrative and budget
• Most recent financial statement for latest year (audited or compilation) • Current Board of Directors list
• Organizational Chart (a diagram that shows the structure of the organization) • Brochure, flyer, or other promotional material(s)
• Verification and documentation of Internal Revenue Service nonprofit status under Title 26, Section 501 (c)(3) of the Federal Code
• Articles of Incorporation and Bylaws
The MLSC is not an existing 501(c)(3) but intends on using the Shark Fund to meet this requirement.
Should the Council opt to endorse the request, it's crucial to emphasize that this funding is intended as a one-time appropriation, without binding the City to ongoing commitments that might encumber future budgetary decisions. Although the City presently enjoys a healthy financial status, recent history—marked by the Great Recession, local calamities, and the swift repercussions of COVID-19—underscores the volatility of such stability. With the State grappling with a substantial $32 billion deficit, local municipalities face potential implications, prompting the Council to be mindful of the repercussions of allocating funds that could necessitate further financial support down the line.
Agenda Item # 6. C.
The City currently funds school related activities in FY 2023-24 as follows:
FY 2023-24
City of Malibu Funded SMMUSD Programming
CSD SMMUSD After School Programming
Expense $ 236,196
Revenue 128,100
CSD Subtotal 108,096
General Fund Grant Program
Malibu Elementary 20,000
Webster Elementary 20,000
GF Grant Subtotal 40,000
Library Set Aside
Malibu Public Schools 17,000
Malibu High School 25,802
Library Set Aside Subtotal 42,802
MHS Athletic Booster Club
Tree Lot Fee Waiver 37,914
Total $ 228,812
The Community Services Department offers after-school sports programs on the Malibu High School campus throughout the school year. Programs include volleyball, tennis, basketball, and surfing. Sports practices typically take place twice a week with games or scrimmages between Malibu players. The City explored options to join the Delphic Sports League (League), which would offer students an opportunity to travel to middle schools in the surrounding area and play competitive league games. The League required the City to offer various sports such as football, field hockey, soccer, golf, and baseball to join the League with both genders represented. These sports were not offered by the City and directly competed with local sports leagues such as Malibu Little League and American Youth Soccer Association (AYSO). Other constraints included bus transportation, approval for athlete’s early release from school, facility availability, and limited coaching and athletic training staff.
If the Athletics Pathway program began in Spring 2024, the Community Services Department (CSD) would continue to offer recreation sports programs, since current enrollment includes students who do not attend Malibu Middle School. Additionally, it would give families an option for a local (no travel), fundamental, non-competitive sports program.
Agenda Item # 6. C.
The $229,000 does not include any funds currently going towards school separation or school security.
Furthermore, support of this program is not a current City Strategic Workplan Priority.
City staff support to assist this program will not be readily available if required. This includes support for regular reporting and performance oversight.
ALTERNATIVES:
1. Recommend an appropriation match to SMMUSD of $200,000.
2. Recommend an increase in the General Fund Grant Program allocation for the FY 2024-25 Budget to an amount above $200,000, that is open for competitive applications from all local non-profits.
3. Recommend the MLSC initiate a pilot program in the Spring of 2024, assess the results of the program, and the City Council reconsider the funding request for the 2024-25 school year in June 2024 based on the outcome of the Spring 2024 pilot.
4. Deny the Request
ATTACHMENTS:
1. Malibu Schools Presentation
2. General Fund Grant Application Template
3. General Fund Grant Application Proof of Funding Statement Template
4. General Grant Agreement Template
MALIBU PUBLIC
SCHOOLS
CENTRALIZED
FUNDRAISING
ENTITY
Malibu Schools Leadership Council (MSLC)
January 8th, 2024
MALIBU SCHOOL LEADERSHIP COUNCIL (MSLC)
This proposal was brought to the city by the MSLC: A group of parent leaders and administration representing the voice of Malibu Public Schools.
The MSLC meets monthly and is comprised of a group of volunteer parent leaders, administration and professionals invested in supporting Malibu Public Schools.
MSLC Members Include: Principals, current PTA Presidents, District Pathway Executive Director, Malibu-based School Board Member, School Site Council Presidents, Shark Fund, ABC, Arts Angels, Preschool, BGCM, ELAC, Special Ed, FDAC, FOC, AMPS, Mentors, City of Malibu, Volunteers and more.
Advisory Board/Launch Team:
➤ Melanie Heseker, MSLC President
➤ Stacy Rouse, SMMUSD School Board Member
➤ Kasey Earnest, BGCM CEO
➤ Craig Foster, MSLC Member
➤ Karin Al-Hardan, Shark Fund Chair
➤ Kevin Keegan, MHS / MMS PTSA President
➤ Josh Donfeld, MES PTA President
➤ Sion Roy, Webster PTA President
THE PROPOSAL TO INVEST NOW IN THE FUTURE OF MALIBU SCHOOLS ➤ MSLC is requesting that Malibu City (and SMMUSD) provide seed funding to establish a professional centralized fundraising entity to enable Malibu Schools to offer the same educational and extracurricular opportunities as public schools in surrounding cities - specific to academic staffing, arts and athletics. ➤ GOAL: Establish parity, with Santa Monica and similar cities, for Malibu Public Schools with the necessary financial support of a professionally run centralized fundraising entity. ➤ WHY?: 61% of School districts in California have an education Foundation, and our district has Santa Monica Education Foundation supporting Santa Monica Schools. The Malibu entity will help to fund:
➤ Ample instructional aides staffing at the elementary school level ➤ Vibrant arts education and athletics opportunity at every grade level ➤ Incremental staffing at the middle and high school level for tutors and community service liaisons ➤ WHY NOW?:
➤ Malibu Schools will need financial support through the transition phase to an independent school to ensure current staff and staffed programs are maintained.
CURRENT CHALLENGES, THE IMPACT AND THE SOLUTION
➤ Volunteer parent groups across Malibu schools raise an estimated $1M total each year to support staff and supplies at their schools, above and beyond what the district provides to stay (almost) on par with surrounding schools to fund:
➤ Elementary School Instructional Aides (9) & Art Teachers (2): $375,000 ➤ Elementary School PTA supplies and programs: $180,000 ➤ Secondary School Math Tutors and Community Service Liaison: $22,000 ➤ Secondary School Shark Fund, PTSA, Arts and Athletics Funding: $415,200
LACK OF LEADERSHIP CONTINUITY
Annual Funding Uncertainty
INEFFICIENT & UNSUSTAINABLE
Individual Parent Volunteer Orgs
LIMITS PROGRAM EXPANSION
Academic, Arts & Athletics Enhancement
The establishment of a Malibu Centralized Fundraising Entity will offer steadfast guidance towards achieving enduring fundraising objectives, empowering every public school within our city to strategically plan and further enrich the overall student experience.
ADMINISTRATION & FINANCE SUBCOMMITTEE RECOMMENDATION
➤ Initial short-term funding of $353,100 through July to launch a three pillar solution, with success benchmarks to be met for continued funding and a clear “off-ramp”:
INSTRUCTIONAL AIDES + ART
FUND THE GAP for the
elementary school staff cost
for the 23-24 School Year,
enabling parents to support
the Fundraising Entity Launch.
($175k)
SMMUSD is committing
$200,000 of the $375 needed for
the current school year. This
commitment will be revisited
annually in January and
approved based on progress
towards goal.
ATHLETICS PATHWAY
LAUNCH THE PROGRAM for
Spring 24 with an athletics
coordinator and program costs
to begin to assess viability and
gain community support,
($156,100)
SMEF currently funds this
successful program for Santa
Monica, with matching funds
from the district until SMEF can
fund fully. Malibu’s Fundraising
Entity would fund the athletics
pathway once established.
FUNDRAISING ENTITY
HIRE CONSULTANT (6 months)
to recommend the best entity
structure to support all schools
with clear success
benchmarks and a plan for
launch. ($22k)
Santa Monica Ed Foundation
(SMEF) launched their
professional entity with $20,000
in funding from Santa Monica
City for a consult in 2010. The
City later donated $250k to an
endowment.
FINANCIAL BREAKDOWN: PHASE 1 DISBURSEMENT & SUCCESS BENCHMARKS ➤ “You can not manage what
you can not measure.”
➤ The recommendation is to
fund pillars by phase, assess
success then determine
continued funding level to
approve.
➤ A designated spokesperson
will submit monthly budget
reports and lead quarterly
success benchmark meetings
with the city.
Shark Fund is a 501c3, Tax ID 55-0824407
FINANCIAL BREAKDOWN: PHASE 1 CASH BALANCE PROJECTIONS
➤ The Mission is to engage the community to invest in Malibu Schools and create an educational experience for our children beyond what is possible with public funding.
FUNDRAISING
CURRENT: Annual donations from
parents and local businesses.
FUTURE: Distribute $2M in annual
funding across academics, arts and
athletics through a diverse funding
base relying on multiple sources
beyond parents.
➤ Endowments with an investment
target of $16M.
➤ Grants
➤ Campus/building naming
Opportunities.
➤ Annual Events
➤ Major Gifts Fundraising and
Planned Giving Strategies
CENTRALIZED FUNDRAISING ENTITY: FUTURE STATE (VS. CURRENT STATE)
OPERATING COSTS
CURRENT: Inefficiency and lack of
consistency in operations.
FUTURE: Overhead will represent
15% or less of the annual budget.
➤ Staff*: In addition to an Executive
Director, a CFO and Fundraising
Team to be hired as funded.
➤ Office Space*: District or City
➤ Insurance & Benefits: Athletics to
be managed through district,
entity to be self-funded.
➤ Fundraising Costs
*TBD Based on consultant/executive
director guidance.
OVERSIGHT & LEADERSHIP
CURRENT: Inconsistent with annual
turnover and 1-year planning.
FUTURE: Board of Directors
comprised of community leaders
will provide consistent oversight of a
professional fundraising operation.
➤ BOD to be built from Advisory
Board/Launch Team +
➤ Business Leaders
➤ Parent Leaders
➤ Community Leaders
➤ Paid, professional Fundraising
Team led by an executive
director.
CENTRALIZED FUNDRAISING ENTITY: EFFORTS UNDERWAY
Progress is underway with an endowment effort and an Advisory Board in place.
Shark Fund’s Dick & Arlene Van
Dyke Malibu High School
Theater and Endowment for the
Visual & Performing Arts and
Malibu High School Theater.
➤ Approved by SMMUSD Board of
Education on 12/14/23
➤ Shark Fund has an endowment initiative
around arts, athletics and education in
place to expand on these efforts.
➤ Endowments will transfer to the Malibu
Education Foundation once established.
PROJECTION: 3 YEAR PATH TO SELF-FUNDING
RISK ASSESSMENT AND MITIGATION
➤ Advance planning for known risks, open communication and a phased approach to funding with clear benchmarks for success are expected mitigate the majority of risk.
TRANSPORTATION
There is a shortage of drivers
for buses and vans.
➤ SMMUSD will organize
conversations early to
identify and secure
transportation for Spring
athletics.
INCREASED COSTS
The cost estimates, based on
initial research, may vary.
➤ Monthly budget reporting
and frequent communication
will minimize any budget
surprises.
HIRING
Hiring staff for Malibu Schools
is a known challenge.
➤ Consultants: Interim leads
for both fundraising and
athletics can be identified
within the community to
ensure momentum.
➤ Coaches: Recruited from
existing staff, then
externally.
FACTORS TO SUPPORT FUNDING
➤ A 3-Year plan enables the creation of a professional Fundraising Entity for long-term self-sustainability, while delivering immediate impact to gain community support.
COMMUNITY ENGAGEMENT
AND SUPPORT
By funding both the launch of
the Fundraising Entity and core
people and programs in the
short-term, the benefits
become tangible
➤ Volunteer parent bandwidth to
support the entity
➤ Immediate Impact increases
community support
➤ 21% of Malibu’s population is
under 19, meaning families
represent 50%+ of Malibu.
➤
ENABLE PLANNING FOR THE
LONG-TERM
Standing up this entity now
ensures Malibu Schools have
long-term funding partner to
support academic and
extracurricular planning.
➤ 61% of the 977 school districts
in California, and 50% of the 13k
school districts nationwide,
have an ed foundation.
➤ Professionally run foundations
excel in both fundraising
performance, continuity and
impact.
EDUCATIONAL, ARTS AND
ATHLETICS ADVANTAGES
ALL Malibu students will
benefit academically,
physically and mentally from
adequate staffing, and arts and
athletics pathways.
➤ Improved academic
performance
➤ Self-Esteem
➤ Social Skills
➤ Accessibility for all students
COMMUNITY SUPPORT TO ENSURE SUCCESS IN MALIBU EDUCATION ➤ Support from families, representing roughly 50% of Malibu’s population, is critical to the Entity launch. Expanded community support will ensure ongoing success.
COMMUNITY CONNECTIONS
The entity will work with MSLC
to further integrate the
community and the schools:
➤ Library: MMS + MHS (Malibu
Reads Partnership)
➤ Chamber of Commerce:
Partnerships and Promotions
➤ Senior community: Performance
& Volunteer Invitations
➤ Realtors: Up-To-Date School
Information performance,
➤ Events: Christmas Tree Lot,
Plays, Performances, etc.
FAMILY SUPPORT IS PRESENT
Lifting the fundraising burden
from parent volunteers in the
short-term will provide:
➤ Momentum through dedicated
support from each school to
support the launch of the entity.
➤ Alignment through
communication and a common
goal
“Supporting the launch of a centralized fundraising entity for our schools is the most important thing Malibu City Council can do for Malibu Families. Fundraising is the
biggest pain point for volunteer parents across Malibu and is unsustainable as it currently exists.”
Sion Roy, Webster PTA President
Josh Donfeld, MES PTA President
Kevin Keegan, MMS/MHS PTSA President
Karin Al-Hardan, Shark Fund Chair
SUPPORTING EDUCATION IN MALIBU
RECOMMENDED ACTION: Approve Phase 1 funding to establish a centralized fundraising entity for Malibu Public Schools, with Phase 2 funding potential approval planned for June 2024.
APPENDIX
CITY GRANTS CURRENTLY PROVIDED
2023-2024 School Year
➤ MES: $20,000 (General Grant)
➤ Webster: $20,000 (General Grant)
➤ Malibu High School: $30,000 (Malibu City Library Tax Fund) ➤ Copier Maintenance, library databases, and various software licenses Once fully establish, the Centralized Fundraising entity would support the needs currently covered by the General Grants, and possible - at some point - the Library Tax Fund grant.
CURRENT STATE: ONE DISTRICT, DIFFERENT FUNDRAISING APPROACHES/IMPACT MALIBU: 2021-22 SANTA MONICA: 2021-22
➤ Santa Monica Residents: 93,000
➤ 13 schools, ~ 8,000 students (77%)
➤ SMEF Supported Staff Programs: $2M
➤ SMEF Facts:
➤ Transitioned to a professional entity in 2001 with $18,000 grant from city of Santa Monica (for consultant), followed by a $250,000 endowment donation.
➤ Currently: Staff of 7, $500k in operating costs (15% of budget) ➤ 80% of funding is from school families.
➤ ~$7.6M Endowment Program
FUNDS: Art Classes for all Students, Science programs, garden programs, Spanish music classes, 5th grade theater and dance, additional campus monitors, additional library books, additional staff (science teacher, music, culmination directors, art teacher, etc.), staff training, additional classes programs (hip hop, DJ Class, app development, transition, mindfulness). ➤ Malibu Residents: 10,000
➤ 4 schools, ~1,200 students (13%)
➤ PTA Supported Staff / Staffed Programs: $337,543 (Fully Paid) ➤ Malibu Fundraising Facts:
➤ 100% volunteer run (limited qualifications)
➤ 99.9% of funding is from school families.
➤ No financial structure to support endowments.
FUNDS: Instructional Aides for Elementary, Art Labs for Elementary, Marine Science for MES, Planet Bravo for Webster.
Professionally run organization funds an expanding
variety of ongoing school programming - including an
Athletics Pathway this school year.
Volunteers raise funds to cover current year needs - with Malibu’s location and enrollment, the economies of location and scale are a challenge.
1 GENERAL FUND
GRANT APPLICATION
FISCAL YEAR
2023-2024
Parker Davis
Administrative Services
(310) 456-2489 ext. 287
[email protected]
2 GENERAL FUND GRANT PROGRAM
The General Fund Grant program provides funding to non-profit organizations located within the City of Malibu benefiting residents of the community. To be considered for funding, a complete application must be submitted.
REQUIRED DOCUMENTATION:
The following information is required of all applicants:
• Application including narrative and budget
• Most recent financial statement for latest year (audited or compilation) • Current Board of Directors list
• Organizational Chart (a diagram that shows the structure of the organization) • Brochure, flyer or other promotional material(s)
• Verification and documentation of Internal Revenue Service nonprofit status under Title 26, Section 501 (c)(3) of the Federal Code
• Articles of Incorporation and Bylaws
REVIEW PROCESS:
Applications will be reviewed by the Administration and Finance Subcommittee of the City Council in May, with City Council approval scheduled in conjunction with the budget adoption in June. Grantfunding will be released in July.
Applications not in compliance with City of Malibu General Fund Grant guidelines are not eligible for consideration.
APPLICATION DEADLINE AND DELIVERY INFORMATION:
Original applications and all supporting materials must be received by 5:00 PM on Friday, March 31, 2023. Applications may be mailed or delivered to:
Parker Davis
City of Malibu
Administrative Services Department
23825 Stuart Ranch Road
Malibu, CA 90265
Applications may also be emailed to: [email protected] The City of Malibu does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in the provision of services and programs. 3 CITY OF MALIBU
GENERAL FUND GRANT PROGRAM
Fiscal Year 2023-2024 (July 1, 2023 – June 30, 2024)
GRANT APPLICATION
NAME OF ORGANIZATION:
CONTACT:
ADDRESS:
TELEPHONE: FAX:
EMAIL ADDRESS:
Name/Title of Project:
Amount Requested:
PROJECT ABSTRACT (Limit statement to space provided):
Have you previously applied for the General Fund Grant program? (Yes) (No) Have you previously received grant funds from the City of Malibu? (Yes) (No) If yes, did you receive or apply for a grant under another organization name? (Yes) (No)
If yes, please provide your other organization name
Year(s) Received: Amount:
CERTIFICATION
I certify that the information contained in this grant application is true and correct to the best of my knowledge and belief, and that I have the authority to apply for the funds requested on behalf of the organization named above:
Signature/Title Date
4 CITY OF MALIBU
GENERAL FUND GRANT PROGRAM
Fiscal Year 2023-2024 (July 1, 2023 – June 30, 2024)
NARRATIVE
Please describe your organization, including organizational structure and geographical location.
Identify in measurable terms the desired outcomes, benefits of the project, and specific needs that your project is designed to meet. Discuss how your project will be administered, describing the mechanism and time frame that your agency will use to monitor the project’s progress and evaluation of its effectiveness. If your organization received a grant from the City of Malibu in the previous fiscal year, describe how those funds were used.
5 CITY OF MALIBU
GENERAL FUND GRANT PROGRAM
Fiscal Year 2022-2023 (July 1, 2022 – June 30, 2023)
ORGANIZATION BUDGET
Projected Budget
Budget FY-2023 FY-2024
(7/1/22– 6/30/23) (7/1/23 – 6/30/24)
REVENUES:
City of Malibu Grant Request
Fees for Services
Fund Raising/Donations
Other
TOTAL REVENUES
EXPENSES:
Salary and Benefits
Operating Costs
Capital Outlay
TOTAL EXPENSES
TOTAL ORGANIZATIONAL
BUDGET
All amounts should be rounded to the nearest dollar
Proof of Funding Form
Per the City of Malibu Grant Agreement, grantees are required to file reports describing the progress of the program, project, or use and the expenditure of grant funds. Reports must be completed and returned by March 1, 2023. This form can either be returned physically to Malibu City Hall or emailed to Parker Davis, Media Technician, at [email protected].
Organization Information
Organization:
Funded Project Title:
Amount Received: $
Grant Information
Brief description of project:
Number of people served by project:
Were the original goals for this project achieved? Describe any unexpected obstacles, difficulties or changes in your goals or project.
Were you able to meet the original funding goals for the project? If not, how did you accommodate the shortfall?
If applicable, how will you continue this program beyond the grant period?
AGREEMENT
This Agreement (“Agreement”) is entered into by and between the City of Malibu, hereinafter “Grantor”, and «Organization_Name» hereinafter, “Grant Recipient”, on this 26th day of June 2023, in Malibu, California.
Recitals
A. The City of Malibu General Fund Grant Program provides funding for nonprofit organizations located within Malibu that provide services of benefit to the residents of the community.
B. On June 26, 2023, Grant Recipient was awarded a grant from the City of Malibu in the amount of $«Amount_Granted».
Agreement
Grantor and Grant Recipient agree as follows:
A. Grant Recipient hereby acknowledges receipt of $«Amount_Granted» in grant funds.
B. Grant Recipient hereby promises to utilize the grant funds only as authorized in the General Fund Grant Application submitted to the City for the 2023-2024 Fiscal Year. Failure to use the funds as authorized shall result in repayment of the full grant amount.
C. Grant Recipient shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of Grant Recipient’s use of the grant funds.
D. Grant Recipient shall furnish the City with a report regarding its fiscal and operation activities, including disbursement of grant funds. This must be received no later than March 1, 2024. All 2023-2024 funds must be spent before submitting an application for General Fund Grantsin Fiscal Year 2024-2025.
This Agreement shall be interpreted under the laws of the State of California. The Parties agree that this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.
City of Malibu Grant Recipient
____________________________ __________________________ STEVE MCCLARY, City Manager By:
ATTEST:
___________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________
TREVOR RUSIN, Interim City Attorney
Agenda Item # 6.D.
Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Alexis Brown, Deputy City Manager
Approved by: Steve McClary, City Manager
Date prepared: December 14, 2023 Meeting date: January 8, 2024 Subject: Malibu Farmer’s Market
RECOMMENDED ACTION: Review proposed options, including for possible relocation of the Malibu Farmer’s Market, and provide direction to staff.
FISCAL IMPACT: Funding for these services was not included in the Adopted Budget for FY 2023-24. An appropriation recommendation may need to be considered dependent on Council direction.
STRATEGIC PRIORITY: This item was not included in the Adopted FY 2023-24 Strategic Priority Project List. At the Council’s direction, this project can be brought back at a future Strategic Planning meeting for prioritization.
DISCUSSION: As per Council Direction on November 27, 2023, staff has thoroughly investigated alternative site plans for the Malibu Farmer's Market, recognizing its significance in fostering community engagement, preserving local businesses, and providing access to healthy fruits and vegetables.
Below is a brief history of the legislative action taken to-date regarding the Malibu Farmers Market:
• Ordinance 456 was adopted on 12/9/19 – allowed the permitting of offsite parking on the through 1/1/22. This action was taken as a best effort to accommodate potential impact on parking due to the event.
• Ordinance 495 was adopted on 12/13/21 – extended off-site parking through 1/1/24 or issuance of a Certificate of Occupancy for Santa Monica College (SMC), whichever is sooner.
City Council Meeting
01-08-24
Item
6.D.
Agenda Item # 6.D.
• Ordinance 505U was adopted on 11/28/22 – allowed the permitting of the temporary relocation of the farmers market to Legacy Park by way of obtaining a Temporary Use Permit (TUP). This provision expires 1/1/24 or the issuance of the Certificate of Occupancy for SMC, whichever is sooner.
o The last TUP for the Malibu Farmer’s Market was issued on July 9, 2023, and expired on October 7, 2023.
o Provisions with Ordinance(s) 495 and 505U are no longer in effect.
The Malibu Farmer's Market was established in the early 2000’s, and has become an integral part of our city's identity. In response to the Council’s directive, staff has explored three potential options for the market's relocation.
Option A: Return Malibu Farmer’s Market to Previous Location:
- The option involves returning the Malibu Farmer’s Market to County/Santa Monica College property across Civic Center Way. The Market previously operated in the County parking lot, and an existing CUP remains in effect on said property allowing for the continued use of the site as a Farmer’s Market. This proposal would allow the market to return to the original property with an alternative site configuration allowing access to remain open to the Los Angeles County Library (Library). Prior to COVID-19 pandemic, the Library was not operational on Sundays, and therefore the original layout identified in the 2009 CUP, which blocked access to the facility, was allowed. Post-pandemic, the Library has added additional operational hours that conflict with the hours of the market, including set up and tear down times. This option provides an opportunity to integrate the market with valuable community resources in a centralized and accessible location for residents.
Subsequent Action: Amend the existing CUP 09-003 to reflect the new site layout.
Option B: Relocation to Civic Center Way with Traffic Control Measures:
- This option proposes hosting the Malibu Farmer’s Market on Civic Center Way, with the implementation of road closures and additional safety measures. While this option requires more logistical planning and potential road closures, it offers unique opportunities to showcase the market in a central and prominent location.
This option will require coordination with Los Angeles County Sheriff’s Department and Los Angeles County Fire Department to ensure the safety of vendors and patrons.
Subsequent Action(s): Issue a new CUP and eliminate CUP 09-003.
Potential Fiscal Impact: $7842.10 per event/$407,789.20 per year.
Agenda Item # 6.D.
Option C: Relocation of Farmer’s Market to City-owned vacant (Ioki) lot aka “Chili Cook Off” lot:
- This option proposes that the Malibu Farmer’s Market be moved to the city-owned (Ioki) property, aka Chili Cook Off Lot. This option would require that the City grade and put down an approved surface material, such as asphalt, for vendor booths to be in compliance with Los Angeles County Public Health – Environmental Division Guidelines. Paving area would be 54,000 sq ft. of the area within the vacant parcel.
Potential Subsequent Action(s):
a. Rezone vacant property and amend General Plan and LCP Zoning Maps to allow for Farmer’s Market use.
b. Amend MMC by Ordinance to allow Farmer’s Market as a permissible use without a full rezone.
Potential Fiscal Impact: Estimated $150,000.00 in labor, materials, and permits.
Additional Considerations:
Staff requests the City Council’s consideration that the City of Malibu become the official license holder for the Farmer's Market in collaboration with the County of Los Angeles.
This approach allows the City to subcontract with an organization to facilitate the market, ensuring compliance with Malibu's municipal code, County and State regulatory requirements. By taking on the role of license holder, the City can exercise greater control over the market's operations, provide appropriate transfer of risk to the subcontractor, and actively contribute to the successful organization of the event.
This recommendation is aligned with the City's commitment to supporting local businesses and maintaining the vibrancy of the Malibu community. We believe that by assuming responsibility for the Farmer's Market license, the City can play a pivotal role in promoting economic growth, fostering community connections, and upholding the values that make Malibu unique.
ATTACHMENTS:
1. December 1, 2014 Item No. 3.B.5. Planning Commission Agenda Report with attachments
2. Malibu Municipal Code 17.02.061
3. Site Plan(s):
a. CUP Site Plan as Approved in 2009
b. Proposed Site Map for County Property
c. Proposed Site Map for Civic Center Way
d. Parcel Map for Vacant Property, aka Chili Cook Off Site To:
Prepared by:
Reviewed by:
Approved by:
Date prepared:
Subject:
Commission Agenda Report
Chair Brotman and Members of the Planning Commission
Amanda Chiancola, Associate Planner {)t,,,
Bonnie Blue, AICP, Planning Manager W
Planning Commission
Meeting
12-01-14
Item
3.B.5
Joyce
November
Plllker-Bozytinski,
20, 2014
AICP, Planning
Meeting
Di�
Date: December 1, 2014
Comu�pia Foundation Farmers' Market Annual Review Report Inspection Date:
Applicant
Location:
APN:
Zoning:
October26,2014
Debra Bianco, Cornucopia Foundation
23525 Civic Center Way
4458-022-904}
Institutional (I)
RECOMMENDED ACTION: Receive and file.
DISCUSSION: On September 15, 2009, the Planning Commission held a duly noticed public hearing and adopted Planning Commission Resolution No. 09-58 (Attachment 1 ), approving a conditional use permit (CUP) to allow the Cornucopia ·Foundation to operate a farmers' market at 23525 Civic Center Way. The Cornucopia Farmers' Market is open year round on Sundays between 10:00 a.m. and 3:00 p.m. Planning Commission Resolution No. 09-58 included 44 conditions of approval, including� a condition which required a • quarterly review of the farmers' market for the first yea.r of operation and annually thereafter in order to ensure that all conditions of approval were adequately addressed.
Quarterly reviews were conducted on August 8, Z010, November 21, 2010 and March 13, 2011. The first annual review was conducted on September 11, 2011, and the second annual review was conducted on September 16, 2012. On October 26, 2014, .staff conducted the third annual review of the farmers' market to verify compliance with the conditions of approval.
The project site is owned by County of Los Angeles and operated by the Los Angeles County Real Estate Division. The site consists of the· Los Angeles County Library, the • Page 1 of4 Agenda Item 3.'
Attachment 1
I
I
• vacant Los Angeles County Courthouse, a building previously occupied by the Los Angeles County Sheriff's Department, the Malibu Labor Exchange and several parking . lots that serve these structures. The northwest portion .of the parking tot includes six parking spaces that comply with· the Americans with Disabilities Act (ADA) for patrons of the Library.
The farmers' market site plan was initially proposed with the vendor booths in the two rows closer to the street and with parking in the rear (north portion) of the -parking lot, in front of the court house. In 2009, due to safety concerns, the Planning Commission recommended reversing the site plan ·so that parking is closer to the street and the vendor booths are located in the rear of the parking lot (Attachment 2) . .
The existing layout of the site restricts access to the six required ADA parking spaces for the library. The farmers' market was operating with three temporary sandwich board · signs that note the location of three temporary dedicated ADA spaces. However, the three spaces do not take into consideration the path of travel or minimum width required for ADA parking. The Deputy Building Official has determined that the temporary ADA spaces are not permitted. However, there are three existing ADA compliant_ parking spaces on Civic Center Drive. The Deputy Building Official has determined that the signs on ·Civic Center Drive are able to provide the required ADA parking for the library, ·provided that the ADA parking signs in the parking lot will be· covered by the -applicant . during the market hours.
Pursuant to Condition No. 15, the applicant submitted current certification by the Los Angeles County Agricultural Commission/Weights and Measures Department, on file with the Planning Department. On October 26, 2014, staff conducted a site visit to document the existing conditions and to ensure that all conditions of approval were adequately addressed.
During the inspection, staff observed the following:
• No use of Styrofoam;
• No live or amplified entertainment onsite;
• Recyclable containers locat� throughout the market; and • Proper signage directing the one way traffic circulation posted at both the entrance and exit to the parking lot.
As shown in Table 1 below, prepared food vendors and arts and crafts (non-agricultural vendors} occupied 135 linear feet, while certified farmers and agricultural vendors, not subject to certification, occupied 700 linear feet. Based on the ratio of agricultural booths to the total number of booths, excluding nonprofit organizations, the project is in conformance with Condition No. 121
. .
floMn
1 Pursuant to Condition No. 12, the famers' market mil maintain a minimum of 65 percent of the total linear footage aa 08rtlled farmers or or food that doea not require certlllcatiotl w If the farmers' martet la not operathg In II fuU potential. Pursuant to M.M.C. Sedion footage
17.020.60 (Deftniliol•). which defines a fanners' market. when calculating the total linear footage of vendor booths within the market. the linear of thole booth• occupied by nonprofl o�izatloM that provide educational Information and/or sell produc::la shall be excluded.
I
1-
. • "-"'+--
··-·--··
- ...,.... ::<f:i .......... ,,
--:7lt .. �1¥.'r- -,- " �-DB� �-�□ �Ef� -- , ' .... ➔•..,,.-,, '-;-;;;-�� +A - 1,-·-,F..::i�� �- � • __ ,,,_·t "=•�it ' -lt,�ft ..... � t.fil."-·---:L>,i.i.;} tl :C�"� ' �•-.--f;!,f,_-� � u ;J[-.;-_::;1J; �!.:·� �- � .._.......,_ -� --- ... �---·-� "- Arts and Crafts 65 135 16%
• Non-Agricultural Prepared Food 70
Certified Farmers 320 700 . 84%
Agriculture not subject to
Aaricultural certification 380
Staff observed that there wJs a bounce house and a petting zoo with a donkey in a fenced off area on the southeast corner of the farmers' market. The Cornucopia Farmers' Market use was approved as a temporary outdoor public or commercial • gathering where fresh produce sold by certified farmers as the primary product, as well as prepared foods, crafts, and the like, are offered for viewing or sale. A bounce_ house and a petting zoo are inconsistent with the operation of a farmers' market approved by Planning Commission Resolution No. 09-58, and would r�uire an amendment to the conditional use permit. The applicant has informed staff that ·the petting zoo and bounce house will be removed to ensure compliance with the approved use, until such time as a conditional use permit amendment is approved by the Planning Commission.
CORRESPONDENCE: Three members of the public submitted corresppndence informing staff they are in favor of having the farm animals at the farmers' market.
Another_ member of the public contacted staff with a concern that the Cornucopia Foundation • is in violation of Condition No. 132 of Resolution No. 09-58. In response to this concern, the applicant has submitted letters from four vendors, including three nonprofit vendors that have had their rents waived. The applicant also informed staff that the Cornucopia Foundation promotes iocal growers by waiving the monthly rental - fees, and - instead requesting a ten percent donation of their earnings, on the honor to system. In addition, the Cornucopia Foundation provides a preset booth each Sunday for one local grower. As such, the. local grower will not have to invest in supplies to participate.· The local growers program limits participation to more than .four times per six months with a maximum of eight appearances per calendar year. A full description of the local growers program is included as Attachment 3.
CONCLUSION: Based on staff's observations the farmers' market will be in conformance with the conditions of approval set forth in ·Planning Commission Resolution No. 09-58, if the following occurs: 1) the petting zoo and bounce house are removed, until such time a condition use permit amendment is approved by the Planning Commission; and 2) the ADA parking signs in the library parking lot are covered during the farmers' market hours. If the applicant does not comply with the above mentioned items, staff will report back to the Planning Commission with a recommendation of revocation of the CUP.
2 Purauant to Condllon No. 13, the fannera' market operator shall waive or reduce re. for smaller local growers to promote local partldpetlon.
':"� ....... _:,.: ..... �:!11:��-� : ���-�":·�� ...-;::-.�'l"�:r.-·�..,; •• �:-':.-::---� .... -.. ---��-�.-- -�.!;.�!"'I""��� - ... . _ � .,_�Jl-�r�... -�--� •.3' ._... ...... "!"'����- .... .r;"' ·•-. �.- --.-��:·-��":� . �_.._;'"'
�-��-.'(Jj •• ·-------------� -- ------·--·-- ·--- "'\--::�·--·-:-- • -r...;:.:.· •
.. �- ;.- ... ,·-
ATTACHMENTS:
2. 1.
Site
Plannin
Plan
g Commission
· •
Resolution No. 09-58
3. Cornucopia Foundation Local Growers Program
!
,.
Page4of4 Agenda item 3.B.5 .•
CITY OF MALIBU
RESOLUTION
PLANNING COMMISSION
NO. "89-58
-----·-··-·---------·------ ---·
MALIBU
A RESOLUTION OJ.I' THE PLANNING COMMISSION OJ.I' THE CITY OF
PERMIT A FARMERS, MARKET
APPROVING CONDfflONAL USE PERMIT NO. 09-003 TO
OPERATED BY CORNUCOPIA
NONPROFIT JO'ONDATION IN A PARKING LOT LOCATED AT 23525
CIVIC CENTER WAY (LOS ANGELES COUNTY)
THE Pl.ANNINO COMMISSION OF nm CITY OF MALIBU DOES HEREBY FIND, ORDER AND RESOLVE AS FOLLOWS:
Scctign 1. RcriPtls
A.
arnc:oded
On February
various sections of the
13, 2006, the City Council passed and adopted Ordinance No. 290 which operated
Mah'bu Municipal Code (M.M.C.) to include open air markets Institutlooal (I) zoning district.
by a non-profit charitable orgmrintioo as a conditiooally permitted use in the B.
<>pention
On Mmdi 19, 2009, the applicant submitted Conditional Uae Permit (CUP) No. 09-003 for the of a fimners' mmtet in the parking lot of 23525 Civic Center Way. An email from package and states
was
Susan
advised
Wissman, Los AQgeles County Board
that they should not
"As regards (tQ)
issue
a Fanners'
use permits
of
market
Supervisors,
unless
operating
the
was
on
applicant
incbJded
·the paddng
bas a cup allowing
with
lot,
the submittal
the County
thm1 to operate a fimners market in the City of Mah"bu." C.
within
On March
500 feet of the project
-31, 2009, a Courtesy
si1e.
Notice was mailed to occupants and owncn1 of properties D. On May 11, 2009, the application was d,,,emed C'.omplde for processing. • E.
ciraJlation
On May 21,
within the City
2009, a Notice
of Malibu
of Public
and
Hearing was
was mailed
published
to all property
in a newspaper
owmn and
of
ocenpmts
general
within a SOO foot radius of the subject property.
F.
to the
At
09-004)
its June
August
16, 2009
4, 2009
Regular
Regular meeting to
meeting. the Planning
allow both farmers' mmket
C'.omnrissfon continued the
applications
public
(CUP
hearing
No.
to be heard at the same mMing
G.
to
At
the Sept.ember
its August 4, 2009
15,
Regular
2009 Regular meeting at the
meeting, the Planning Commission
applicant's
continued
request due to
the public
scbt.dnJing
hearing
cooflicts.
H.
circulation within the
On August 20, 2009,
City
a Notice
of Mah'bu
of Public
and·
Hearing
was mailed
was
to
published
all prupexty
in a newspaper
owners and occupants
of general
within a 500 foot radius of the subject property.
• •
PJaming Commillion Relolution No. 09-58
r \ . I ATTACHMENT 1
' .
I
- -
- ... - . - ____ ,. ________________ _____________ -·-··- - ---- --·· ----·-··--. ···----------·-·-···--- - -,, . .
L On Septanber 15, 2009, the Plainring Commission held a duly noticed public bearing on the •repm1S, public testimony and other subject applications, reviewal and considered information
the staff report,
in the record.
reviewed and considered written
Section 2. Rnyjmnmegtal Review.
Puauant to the authority and criteria contained in the Califomia Environmental Quality Act (CEQA), the Planning Commission has analyzed the project as descnl,ed above, and bas :round that the project is listed among � classes of projects that have been detennined to have a less than �gnificant advene
Accordingly,
affect on 1he mviromnent and thm,fore, is exempt ftom the provisions of CBQA. a CATBOORICAL EXEMPTION (Class 4) will be prepared pursuant to CBQA effects on the
C'T1JideUnes Section
enviromnmt,
1S304(e) -including Minor tempomry use of land having negligible or no pcmuroent Commission has furtba- dct.er:m.ined that
carnivals, sales of Christmas trees, etc". The J>Jamring exemption
none of the six exceptions to the use of a categorical
applies to this project _(CBQA Guidelines Section 15300.2). • Section 3. Conditional Use Permit.
Pursuant to M.M.C. Section 17.66.080, the Plaoning Commission may approve, deny and/oz modify an application fur a CUP in whole or in part, with or without conditioni, provided that it makes all of the following_ findinp of fact. Having beard all oral testimony and reviewed all written testimony and considered all relevant evidence and argument, the Planning � in accordaoce with M.M.C. Section ·17.66.080, finds -that adequate public input was provided; that the proposcid development does not impair the integrity of the
necessary conditions
• surrounding neighborhood; and reasonable and
Additionally,
have � imposed to assure compatibility with the surmunding uses. cd1ma.
_pursuant to M.M.C. Section 17.02.061. a farmers' market shall cmnply with three The CUP can be su:pportcd based on the findings below.
CUP Fipdjnp M.M.c, Section 17,66,080
Pursuant to M.M.C. Section 17.66.080, the Plamring Commission may approve, deny mvJ/m modify ari application fur a CUP in whole or in part, wi1h. or without conditi� provided that it makes all of the following findings of fact. The CUP can be supported based on tbP-finding, beiow.
Ftndlng 1. The propo.Ntl we is one that is conditionally permitted within the Sllbject zone and complia with the intent of all of the applicable provisions of Title 17 of the Malibu Mvnlclpal Cod& Pursuant to Ordinance No. 290. the proposed open air fiu:mem• market is a conditionally pennitted use in the Institutional mning district. As oonditioned hereiDs the project complies with all applicable }XOVisions of the M.M.C .•
Finding 2. The propowl ,ae would not impair the Integrity and character of the zoning district in -which it 18 located.
property.
The proposed project is the opa:ation of an open air farm.en' market on an institutionally mned The proposed project would operate on Sundays when other uses at 23525 Civic Cenb:r Planning Commission Re9olution No. 09-SI
Pagelofll
Way are closed and have no need fur use of the parking lot. As discussed in the project background, the proposed use was in operation for approximately five years on the same parcel. Although there have
mmtet
been coocems tegarding noise resulting ftom the pn,vious operation, the proposed farmers' does not include any amplified sound or live enter1aimncnt and will be conditioned to comply with the M.M.C. Noise Ordmancc (Chapter 8.24). The proposed use would not impair the integrity and character of the mning district in which it is located.
Finding 3. Tl,e "subject site is physically suitable for the type of land use being proposed.
As
approximately
di!cus8ed previously, the operation of a fimners' market bas occuned in this location for plumbing fixtures.
five years. The proposed project does not include any development or addition of changes
The entire operation will occur outdoors on a paved parldng lot. No other to 1hc site are proposed. Two portable restrooms and one hand sink will be provided. The Los Angeles County Sheriff's Department and Los Angeles County F'11e Department (LACFD) have . reviewed 1hc parking lot circulation plan and the project site has been conditioned to include a adequate
vehicle turnaround
ingress, egress
at the end of the parking aisles. As conditioned, the project site can accommodate proposed
and publie pvking for. customers; therefore, the site is physically suitable for use.
Finding 4. Tire proposed use is compatible with the land wes presently on the subject property and in the 81111'mmding neighborhood.
The
facilities,
subject site is-currently on a developed parcel and is smrounded by institutional and government oommercial, retail, office uses and Malibu Knolls residences which are situated on the hillside
patrons
upslope from the proposed project $ite. The proposed site also provides adequate parking for Malibu
of
Library
the market and will not interfere with the use of the 1.os· Angeles County Courthouse or _ as the project will operate only on Sundays when these facilities are closed. No amplified sound or live entertaimnent is proposed. The proposed use is compatible with the land uses. presently on the IPlhject property and in 1bc surrounding neigbbomood. zoning
Finding
di8trict
5. The proposed u.te would be compatible with existing and future land usu within the and the general area In which the proposed use is to be l(!CQled.
The proposed project_ is compatI'ble with the existing institutional land uses within the mning district and in the general vicinity because the farmers' mmket proposes to operate OD Sundays only when the existing oosite facilities are closed. The ·proposed project does not include perm8DCllt structures; and therefore, does not impact existing or future land uses within the zone on a daily basis. The project
commercial
will also be compat1'ble with the future Legacy Parle project and the recently approved La Paz serving quality
project located adjacent to the project site because of its neighborhood and visitor entertainment
. Furthermore, conditions of approval have been included to prolnmt live and amplified 10und to minimi7.e any nuisance on neighbon within the vicinity. Finding • i
6. There would be adsq,,ate provisions for water, sanitation, and public ultlities and services to ensure that the propowl me would not be detrimental to public health and safety and the project dtHs 1t0t affect solar access or adversely impact existing public and priwlle views, as defined by IM 8lajf.
Planning Commillion Reaolution No. 09-51
Page3 ofll
OJ.� a waste managemmt oompany, will provide weekly service to the dumpstel. Fence Factory
within
Rema1s will provide weekly service to dispose of waste from the two portable restrooms �
a day after each event. Addmonally, the project bas been conditioned to provide seven recycle one next to t:Yery proposed trash. bin. for refuse collection.! A crew employed by Comucopia will clean the site and make sure all recyclables are recycled after each event No significant impacts on City services are anticipated. No new development or changes to the existing onsite structures are pecmitted in this application; tbc:refore, the proposed project will not affect solar access or impact �AS� ·mn _,lJ:-and....iva+• JMU-Vlews. •
Finding 7. There would 1,e adequate provisions for public access to serve the subject proposal.
The site has adequate public access for both vehicles and pedemiaDs. Parking is provided within two aisles oftbc puking lot. The Los Angeles County Sheriff's Department has cooditioncd the project tumaround
to provide a turnaround at the western end of the two parking aisles for cars. The vehicular circwation.
will be clearly delineated by traffic cones and proper signage to facili1ate traffic As conditioned, there is adequate provision for public access to serve the proposed project.
Ftr,dlng 8. The proposed use ts co118istent with the goals, objecttvu, policies, and general land usu of the General Plan.
The proposed use is a conditionally permitted commercial use in the Institutional mning district. The Land Use Element of the General Plan provides seveml goals and objectives for the City. Land Use neighborhood
Policy 4.4.1 states that "'lbe City shall encourage establishment and contirnJed operation of small producers
and community serYing businesses." The proposed project provides local agricultural project operates
and small business owners a venue to sell their products. . Additionally, the proposed on Sundays only when the institutional uses on the property are closed; therefore, the project is consistent with the goals, objecti� policies, and general uses of the General Plan.
Finding 9. The profJ08ed project eo111pltu with all applicable requirements of state and local law.
The
conditioned
proposed project will comply with all applicable requirements of state and local law, and is to comply with any relevant approvals, permits and liceoscs ftom the City of Mah"bu and the County of Los Angeles. The project bas been conditioned to obtain a leasing agreement with the . County of Los An8eles providing permission to use County property prior to the start of operations.
Finding
convenifflee
J(). The ]1l'OJJO#d use wnlld not be detrimental to the public inlerut, health, sqfety, or welfare.
The proposed project will not be detrimental to public interest, health, safety, convenience or we�.
The
Department,
proposed project has been reviewed and conditioned by the Los Angeles County Sheriff's Depmtmcut
Los Angeles County Health Department, LACFD, as well as the. City Public Works .and the Environmental Health. Administrator. LACFD has conditioned tlle project to prohtoit
boo1hs
smo1cing, open flames, or propane equipment in or within 20 feet of the �- Also, if the are larger 1han 20 feet by 20 feet or enclosed with walls, a separate permit must be approved by
safety,
the
convenience
LA.CFO. As conditi� the proposed use will not be dctrimcntal to public int«est, health, or welfme.
PJanniDg Commission Re8olution No. 09-58
Page4ofll
-- -·----•--------·----------
Finding
,no,,ement,
11. flooding or
If the project ts located In an area determined by the City to be at risk from earth ltquef� there is clear and compelling evidence that the propoud develop,nent Is not at risk.from these htaards.
According to the
liqucfilction lmard 2'.0De but not
City's Geographic Information System, the project site is located in a seismic proposed
located in a seismic. landslide hamrd or fault mne hazard. The application
project will not increase the risk of earth movement, flooding or ·liquefaction since the does not mclude development or modifications to the existing structures; therefore, there is no new risk from b87.ards.
Farmers' Market Criteria-M.M.C, Section 17.02.061
Criterion 1. The farmers• markd shall maintain current certtjlcation by the Los Angeles CfJ1l1IJy Agrtcultr,al Commissioner/Weights and Mea811Tes Department.
The applicant has provided evidence of current
Commissioner/
certification by the Los Angeles Agricultural
certification shall be
Weights and Measures Department. As a condition of approval, evidence of cummt provided to Planning ltaff annually.
Criterion
contain produce
2. A. minbman of sixty-jive (6S) percent of the total linear frontage of vendor booths shall sold by certified farmers or those food or flower prodMcts not Stlbject to certiftcation such as jlowen, jams, honey, nvts, jWt, dried fruit,· olives, picJcles and juices. When calculating the total ltnear footage of vendor booths wtthin the mark.et, flM linear footage of those booths occupied by
exc1vded.
nonprofit organimtiom that provide educational i,iformation and/or sell prodMcts shall be Inspectors from the Los Angeles County Department of Agriculture, Weights and Measures inspect requirements
fanns and other properties to verify what is raised or grown. After satisfactorily meeting the Critmi011
of the inspecti� the farmer is considered a certified farmer for specific product&. certified fiumcrs'
2 requires a minimum
produce or produce not
of 65 percent
ffllUired
of the total linear tioDlage of vendor booths to contain to be certified.
proposed to be
The project proposes
certified
1,164 total linear feet at its maximum potential. Six hundred linear feet are farmers or products not subject to certification, 320 linear feet are proposed proposed
to be arts and crafts, 110 linear feet Bftl proposed to be community ·nonprofit, and 134 feet are· booths
to be Comucopia DODJmfit. When calculating the total linear footage, the linear footage of occupied by nonprofit orgaoizacfons that provide education information and / or sell products shall be excluded; thaefore, the total linear footage is 920 linear feet. Sixty-five percent, as required minimum
by the M.M.C., of 920 linear feet is S98 linear feet; therefore, the project is required to provide a linear feet are proposed to be certified farmers or products not of S98 linear feet of certified farmers or products not subject to certification. Since 600 subject to certification, there is more
than 65 percent of the total linear fiontage provided. Additionally, the project has been conditioned potaJtial.
to rnaintarn the 6S peirmt mmmmm ratio even if the farmers' market is not operating in its full Planning Commission Rmolution No. 09-58
Page5 ofll
•• .-. • ·• • •'-•.•.• •-• •r • • • .. r • •.--r,._ -� • .. r-- • • • .... _ .... _ •' • A:� • • - �• • • • • _,,._.. •-.....:: -..• •·• .... •.V.•••• •' -.,. •• ,.., • ..,; �'-'F" _,. ,�JU..;••,.,,.,.....,_.""'',.·-•...-.:"..-..•� .... ,.�4,_ • ., •••• ,...,.,,. •• _ •• .,, ..... '--"-"'-•••·•.,...._ _.,,. ••• ••.: • -••'-..._, ••• , ...... _,.,._ ..... •·- _..,._ •-•-•• • ...-. _..,_ • ..._..._� ..__._ ,r,. , . . .
Criterion 3. No entertainment shall be allowed at the farmers• market which is audible from outside tire property.
The project bas been conditioned to comply with the Mah"bu Noise Ordinance in M.M.C. Chapter
8.24. In additi� the applicant has confirmed that no amplified spund is proposed. �ons of approval prohibiting amplified sound and live entertainment have been included as Condi1ion Nos. 37, 38, 39, and 40.
Section 4. Conditions ofApproyaI.
On the basis of the foregoing findings and substantial evidcnoc in the record, the J>lanning Comrnissicm hereby appoves Conditional Use Permit No. 09-003 subject to the fullowing condi1ions:
1. aaree
The applicant, property
to indemnjfy, defend, and
owner, bmrioMS
hold harmless city and
operator, and their respective successors
its officers, officials, employees
in interest,
and
volunteers from and against any and all claims. demands, � co8ts, and expenses _of arising out of or in
operation of the
liability (including
any
without limi1ation
way cnooected
attorney's fees
with the issuance
and costs
of the conditional
of litigation)
use pamit and
of every nature
the
1J8e authorized thereby. The applican4 property owner, business operator, and their respective succesaors in interest shall be jointly and severally obligated for purposes of this
shall
subsection. The City shall
reimburse the City's expenses incurred in
have the sole right
its
to choose i1s
defense of
counsel
any lawsuit
and property
challenging
owners
the
City's � concerning this project.
2. The conditional use permit lhall
execute
not be effective until the property owner and applicant current
the Affidavit of Accepam.ce of Conditions and the Applicant has provided a valid and ieasmg agreement with the County of Los Angeles Real Estate Division for use of the agreement. Said documems
subject property. Applicant shall comply with all conditions • set forth in that license certified
shall be recorded with the Los Angeles County Recorder and a copy of-said recordation shall be filed with'the Planning Oivision.
3. Violation Qf any of the conditions of approval shall be cause fur MVOC&tion of the conditional use permit and termination of all rights contained therein.
4. modifications
ThD JJlanning Manager is authomed to make minor changes to the approved CUP if such shall achieve 1i111bstanti,J1y the same results, as would strict compliance with said plans and conditions.
S. Malibu code enforcement officers, sheriff's �es or other agents or employees of the City and County requesting
standards
admission for the pmpose of determining compliance with these shall be given umemicted access.
6. The poject shall
Depmtmeut,
comply with all conditions set forth by Los Angeles County Fire Department,
Los Angeles County Health Department, Los Angeles County Sheriffs' City Public Works and City Environmemal Health Administrator.
PllimiDa Co11111iMian R.elQ1utiaa No. 09-58
· Pege6oft'I
• _ .. ...,-<.<.�'-�-:..I:..- �.�.tJ-.... � .... --................................. _ •• .....,, 0#✓ • .-� .. -.��- ................ _ .. ,.. ...... ....... __,...._ ..... � ... � -J-- .. ,_,..,._ __ . V. .............. _,,_.___......... ..� •• ; .. .... ---·-. . .
7. Prior to
to the City
the
Planning
operation
T)t;partment
of the first market
dDd name
evcm,
the City
the
as an additionally
applicant shall provide proof
msun,d. .
of insurance. . _
Site Specific
8. This approval is to permit a farmers' market operated by a nonprofit o,:ganjzation at a 480 feet by 150 feet parking lot located at 23525 Civic Center Way. The pmking lot consists of four rows
J"Cll'D8llring
of paddng spaces. The first two rows shall be reserved for customer parking aud the fanners' market
two rows
operation.
of parking are proposed for vendor booths and 1he majority of the No new development is proposed or peunitted.
9. completed
Operation hours are 10 a.m. to 3 p.m. with set up time beginning lilt 7 a.m. and clean up to be . Sunday or when there are special events approvec1 by S p.m. on Sundays except when Christmas and New Year's Day fall on a · onsite.
10. This permit does not affmd the pennittee an· exclusive. right to use the parking lot on the subject
entity 1hat may also
property each Sunday, nor does it give permittee priority over any oth« person or be authoriud to use the subject property on any given Sunday.
11. The condi1iona1 use permit shall be reviewed quarterly by the Planning Commission for the first
provisions
year 8IM1 8DDUally thereaftec. The P1anning Cm,rnimrion shall verify compliance with the of the Mahou Municipal Code and the oonditions of approval cootahied herein. At inspection
least two weeks prior to the review dale, the applicant shall pay a Planning staff site a site visit to verify compliance
fee in effect at the time of request
with the provisions
for site
set forth in
inspection. A staff p)aJmcr
this resolution and report back
will conduct
to the Planning Cm,missicn
12. The fimners' market sba1J maintain _a minimum of 65 percent of the total linear footage as market is
ce.:tified :fimncrs or flowers or food that does not require certification even if the :fmmers' not� in i1s full potential.
13. The farmers' maibt vpendm aball waive or reduce fees for smaller local gn>'W'ClS to promote local participation.
14. There shall be·no sale of alcohol, either for consumption on site or packagc-4
15. Agricultural
certification
The fimna's'
shall
Commission/Weights
ID8lket shall
be provided
maintain
to 'Plenning
and
current certification by the Los Angeles County
Measures
staff annually
Department.
by the anniversary
Evidence
dale of CUP
of �
approval.
16. There shall
ClllCIOll(".fflJJCIJb
be no lane closures, obstruction of public streets, parlrlng restrictions or other· into the public right of way without required prior approval and permits ftom
17. the
This pennit and all peuni1s obtained
the
City
evmt and
'
ofMah'bu
shall
Pul!fic
be produced on request to any agent or employee
Works Department.
in conjunction with this event aball
of
be kept on
the City
si�
of Malibu
during
Planning CfflJllrission Resolution No. 09-58
PqB7ofll
'i:�· :.,: •
. ,
and
approval.
County agencies. Applicant shall not digress from 1he approved plan without prior
18. If any required COIJditions are violated or if any law, statue, or ordinance is violated, this permit may be suspended and the privileges granted shall )apse.
CitY Public Wom Detmbneat
19. recycling
The California Integrated Waste Management Board has established recommendations for with the requiremonts
plans for farmers'
of the
mam1s. The
California Integrated
applicant
Waste
shall
Management Board.
provide a recycling plan 000Sistatt
Said documeni • shall be mbmitt.c:d to the City Environmental Programs Coon:linator prior to the operation of 1he first market.
20. requires that special events be
The Regional Water Quality Control .Board has issued a permit .to the City of Mah"bu that deposit
provided with screens or other equivalent methods to limit � proposed screelJSs
of trash in the City stonn drains. Provide a Waste M&Mganent Plan that shows the including size. connection methods and proposed locations.
21. The
report
applicant shall include a sweeping plan as part of the Waste Management Plan. Submit a Department.
of the volume of trash oollectcd and swept on a monthly basis to the City Public Works Los AnsdA County FiR Department
22. Department
The applicant shall obtain a separate permit issued by the Los Angeles County Fire equipment..
prior to each event that 'includes smoking. open flames, cooking or propane
23. No smokiD& open flames, cooking. or propane equipment shall be located in or within 20 feet
24. on the bootbslteots.
Department
The applicant shall obtain a separate permit iuucd by the Los Angeles CoWJty Fire booths eoclosed with walls.
prior to each event that would require booths larger than 20 feet by 20 feet or
25. issued
The nrinimnm spacing between each booth shall be 20 feet unless a separate permit bas been Los Angc;lcs Covnb'
by the Los
SherifTDcprtment
Angeles County Fire Department.
26. The project shall include a vehicu1ar turnaround at the western end of the � parking aisles. .
27. facilitate
The vehicular tumaround will be clearly delineated by traffic cones and proper signagc to traffic circulation.
Plmmin& Commissi011 ResolutiClll No. 09-58
Page8ofll
•· -· -·
···- --------------
Los Angeles County Hr.a1tb Dcpu:t••!!M
-- · · ··-- ·-·- -"'-•·•· ·· ···· ·- - · ·- ---------------------------• --·- •• . . ---· - - . . -.. . - . -- . -------
28. Department. A
The project has been
field inspection
conditionally
shall
approved
be conducted
by
prior
the Los Angeles County
to final Los Angeles County
Public
Health
Health
approval. The project must comply with all conditions placed on the project.
29. permit � the Los
The ew:nt may include
Angeles
vendors
County
of fuods
Public
prepared on
Health Department.
site if the food
All potentially hazardous
vendor has a current
food items shall be maintained at proper tcmpemtures. Adequate hand washing facilities shall be provided and food baodm shall frequently wash hands with hot water and soap.
Waste CoQ1rol
30. The
axpandcd
project shall comply with Ordinance No. 286, which prohibits the use or distribution of vendors of
• polystyrene food
this ban.
paclraging The applicant shall be �l>le for informing
3 l. The
shopping
project shall comply with Ordinance No. 323, which prob.tDifs the distnlmtion of plastic bags in the City of Mah'bu. Small produce bags are permitted The applicant shall be lapODSl"ble for informing vendors of this ban.
32. One recycle bin must be placed next to each trash bin. A note must be affixed to the recycle recycling
bin stating "Recycling is Mandatory". Applicani shall provide clearly marked containers for deposi1ed
cans, glass, and plastic during the event and requite that all recyclable materials are with an authorized recycling facility or an authori7.ed collector of recyclables upon the close of each event.
33. All trash, rubbish, garbage and recyclables shall be kept in containers with tight fitting coven.
An adequate
regular
rnmJber of such containers shall be provided and the contents shall be placed for pickup by an authorized solid waste hauler.
34. Temporary restroom facilities shall be provided to accommodate all event guests. A minimum
vendors and market customers.
of two portable bathrooms shall be installed and properly maintained for use by At least one of the bathrooms shall be a unuex American with
Temporary
Disabilities
bathroom facilities
Act (ADA) accessible
!hall be properly
restroom. Handwasbing facili1ic:s shall be
maintained in a sanitary condition and
provided.
.shall
be serviced within a day after.each event.
35. needed.
Waste from the dumpster shall be disposed at least once a week after each event, or more if
36. The premises and parking areas shall be left clean and free of trash and debris by S p.m. after 'every event.
NoiseConuol
37. No amplified smmds are permitted under this approval.
PJmin& Commission Resolutim No. 09-51
Page9ofll
38. No live eotertaimmmt is permitted under this approval. --- ·-------·
39. The project shall comply with the Mahl>u Noise Ordinance {M.M.C. Chapter 8.24).
40. during set up and
The applicant sbalJ assore that no unnecessary
clean up hours.
noise is � during the event, including
Sia
41. Subject to all other conditions herein. applicant may place 24" x 24" signs, on A-frames not more than '.36" in height.. at the following locations:
a. northwest comer of Pacific Coast Highway and Cross Creek � • b. northeast coma' of Malibu Road and Webb Way;
d.
c. southwest
southwest
comer
comer
of Pacific
ofHeatbercliffRoad
Coast Highway and
and Pacific
Malibu
Coast
Canyon�
lllghway, and
e. southeast comer of Pacific Coast Highway ind Zumirez Drive.
42. No sign may be placed in the Calttans right of way without written pamimon from Caltrans.
43. • Signs may not be set up prior t.o 5:00 p.m. on the Saturday prior to each market date. Signs must be removed by 5:00 p.m. on each market date.
44. A sign may be placed at the northwest comer of Pacific Coast Highway and Webb Way, but at that
only wi1h.the
location.
permission oftbc Chamber of Commerce and only in the establiabcd sign board Section S. Certification.
The Plamring Commission shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 6 .. day of October 2009. � PJam,ing Commission Chair
ATI"EST:
��
'
---
LOCAL APPEAL -.Pursuant to Malibu Municipal Code Section 17.04.220, a decision of the PJ•wdng f'.nmmissilJll may be appealed to the City Counal by an aggrieved person by written statement setang forth the grounds for appeal An-appeal shall be filed wi1h the City Clede within 10 days and shall be accompanied. by an appeal form and proper appeal fee. The appellant shall pay fees as specified in the Council adopted fee resolution in effect at the time of 1he appeal. Appeal forms Plaming Commission lteaolution No. 09-51
Page lOofll
,r
may
extalsion374.
be found online at www.ci malmca.us. in person at City Hall or by calling (31 O) 456-2489 . .
I CER.mY TIIAT 1lIE FOREGOING RESOLUTION NO. ®-58 was passed and � by the Plamring Commission of the City of Mah"bu at the regular meeting thereof held on the 6 '61 day of
October, by the following vote:
A YES: COMMISSIONERS: HOUSE, JENNINGS, SCHAAR, MAZZA AND GILLESPIB NOES:
ABSTAIN:
��
ABSENT:
PJmdDg Commuaion Raoludon No. 09-.58
z .LN3WH�VllV __
..
-
4 • · _.,
\
l l ! '. ! i ! \ : I
·==-�• �c..:z:.., c�-
Non-profit since 1998
Cornucopia Fowidation
The fnture of our planet is ,iot by chance ...
but by choice.
Local Growers
Our Pm:pose for the Iood Growers Booth
The purpose of having Local Growers at the Malibu Farmers Market is to give our local resident growers the opportunity to sample what it would be like to run their own booth at the market. lo� growers will be limited to participating no more than four times per six months, with a maximum of eight appearances per calendar year. The market will highlight only one local grower per week. To be considered, potential local growers must complete the online �pplication for "Local Growers".
Benefits of being a ''Local Grower" at The Malibu Farmers Market:
•• Local Growers need not invest in a tent, tablecloth, weights, or a back drop. • Local Growers do not pay for the set up or breakdown of tables, chairs, or tents. • Agricultural Department fees for a certified producer are waived to Local Growers. • Local Growers are not required to pay monthly rent for their space at the market. . .
• Local Growers do not have to commit to 4 consecutive Sundays at the market. • Local Growers do not have to.arrive at the market at a designated time or stay for the entire duration of the market, unlike certified farmers, who must arrive at 8:15 AM to set-up and stay until 3 PM. Local growers are. to arrive by 9:45 AM and depart by 2:00 PM. • Local Growers do not pay to launder their tablecloths each week. • Growers will have access to one half (1/2) of Cornucopia's market table.
In return for these advantages, Local Growers are requested to donate 10% of their earnings on the honor system.to The Cornucopia Foundation and to abide by the policies and rules set forth by the Cornucopia Foundation Board of Directors.
ATTACHMENT 3
•, ,,,,., ,.< ,_, ,,:,,-,,..,.
_
.• .-s•.,.• •;, . .-.,,, ,.,:<.•.•~• ,._. ,•..,.�•>(--••·••Y••'?""N•"V:•V:•••••••"��--:>:,OV.•,·••, r,·,·��--•,.Y.�.•.,•,:-.•,:,.,;,:.:·:•>c•,•,:-o;,:-:-��"."•":-"'>'.'""'••,,,-:r.,,-...._..,Y.,.......,.�.,,-:V.•·•,;•";,00.;":,.,a,;C':<:,,:U,..--====·"'"•·V.'1' I # � • •
How To Become A Local Grower
To participate, please fill out an application and provide two proofs of address, as well as the additional items listed:
• • Driver's li�nse (1st proof of address)
• Utility bill (2nd proof of address)
• Insurance covering The Cornucopia Foundation as additional insured • Los Angeles Agricultural Department Certificates/Papers Please email these materials to [email protected].
Rules and Regulations
From time to time, the Rules aild Regulations will change, due to the needs of a growing market, and the policies and regulations placed on Cornucopia by the multiple permitting agencies for the tanners market, such as the Public Uealth Dept, Agriculture Dept .• City of Malibu, and County of Los Angeles. In those cases, we will notify you of any changes that • apply to you.
Local growers may not give out samples. The non-usage of plastic bags and styrofoams apply to local growers, and there is a $50 penalty on the first offense or may be asked to leave the market. Produce can only be sold by local growers, nothing processed, canned, etc.
Local growers may l).ot sell any dairy products which includes eggs.
Local growers must mind their booth if needed to leave and they must close up their table if no one is there to mind it for them.
Local growers are not allowed to bring their dogs to the Malibu Farmer's Market.
If
customer
a customer comes to the local grower with a dog, the local grower must inform the that dogs are not allowed at the farmers market. If caught selling to a customer with a dog, a $50 penalty fee and/or asked to close up and leave for the day.
Local growers must park in the Malibu Library parking lot adjacent to the farmers market. If a local grower does not abide by this, they can be asked to close up and leave the market.
In order to have one's own tent, a local grower must apply as a farmer. A representative of the.Cornucopia Foundation may visit the address on the application to ensure that the . produce does indeed grow there. . Local growers are asked to give a 10% donation of their earnings to the Cornucopia Foundation at the end of the day.
Note: On rainy days, local growers' booth will be closed.
Agreement*
i1 I agree to these rules and regulations.
Name*
Applying As •
Email Address *
.. .
Phone Number •
A�*
Products•
*By selecting "Submit'' you are acknowledging and agreeing to the Malibu Farmers Market Rules and Regulations for Local Growers.
For all questions and inquiries related to billing, fees, invoices and financial semces please email comuCo.lJiabookkeepina@m,ail.com
C2012 Malibu Fanners Market. All Rights Reserved.
“Farmers’ markets” means temporary outdoor public or commercial gathering where fresh produce sold by certified farmers as the primary product, as well as prepared foods, crafts, and the like, are offered for viewing or sale. Part or all of the farmers’ market is conducted outside of an enclosed structure; sidewalk sales are not included under this definition. Each vending location shall have access via an internal walkway, courtyard, path, or common area and all structures shall consist of the placement of non-permanent structures. A farmers’ market shall comply with the following criteria:
1. The farmers’ market shall maintain current certification by the Los Angeles County Agricultural Commissioner/Weights and Measures Department;
2. A minimum of sixty-five (65) percent of the total linear frontage of vendor booths shall contain produce sold by certified farmers or those food or flower products not subject to certification such as flowers, jams, honey, nuts, fish, dried fruit, olives, pickles and juices. When calculating the total linear footage of vendor booths within the market, the linear footage of those booths occupied by nonprofit organizations that provide educational information and/or sell products shall be excluded;
3. No entertainment shall be allowed at the farmers’ market which is audible from outside the property.
“Fences, walls and hedges” means artificially constructed barriers of any material or combination of materials erected to enclose or screen an area of land. See also “Open fencing.” Flag, Official. “Official flag” means an official flag of the United States of America and other nations, states, countries, or municipalities.
Floor Area, Gross. “Gross floor area” means the sum of the gross horizontal areas of the several floors of a building measured from the interior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, vehicular maneuvering areas, or any space where the floor-to-ceiling height is less than six feet. “Floor area ratio” means the formula for determining permitted building area as a percentage of lot area; obtained by dividing the above-ground gross floor area of a building or buildings located on a lot or parcel of land by the total area of such lot or parcel of land. “Formula retail” means any type of retail sales activity and/or retail service activity conducted within a retail establishment which, along with ten (10) or more other existing, operational retail establishments in the world, maintains two or more of the following features: (1) standardized array of merchandise or menu; (2) standardized color scheme; (3) standardized décor; (4) standardized façade; (5) standardized layout; (6) standardized signage, a servicemark, or a trademark; (7) uniform apparel.
Frontage, Building. “Building frontage” means the exterior building wall of a ground floor business establishment on the side or sides of the building fronting and/or oriented toward a public street or highway. Building frontage shall be measured continuously along the building wall for the entire length of the building establishment, including any portion thereof which is other than parallel to the remainder of the wall.
Attachment 2
f;
Q
CZ·'•
�,!,
<::---:,
c=:::-:t
,�·
•..._
,-'!,
.. ., \;·
2 ,
��·
Vn 9
a,:,
�'}
Attachment 3a
Old City Hall
Dumpsters<D TI Labor
Exchan ef----------..,� �----=------""------'"'-------"'-----'""--;::=--''"'------"''-----""------=----:""------"'-----'JL�������=L..::::L'.��L'...c,,L'...:::JL�IC:,J,'...:::JL��� Port-opotties
Water 8
holding '
tank
" " " " " " "
,--E-�'-c--------'�� Additional parking ---"c--"c---��2a-- ADA sign tobeeow<ed �
- -Civic Center Way- - - - - - - - - - - -
� "- "- "- "- "- "- "
Additional parking '-c--�-
Library
Notes:
1- Vehicle will be parked as a safety barrier
at the northwest end of parking lot
at turn around.
2- On full market day (2) 1 0'x1 0' stall plus
directional sign will be safety barrier
at east entrance of south parking '
lot.
3- In small market, (1) Vendor vehicle plus
cones plus directional sign will be
safety barrier at east entrance of
south parking lot.
4- (4) plywood pieces 4.5" x 14.5" will
cover flow through drain outlets and
inlets.
5- No amplified sound is proposed.
6- Library drop off box is not to be covered
or blocked.
115 Tents Total
ADA Parking Stall
Electric Vehicle Charging stall
ADA Path of Egress
� Certified Farmers
� NON Certified - Pre Packaged
■ NON Certified - Crafted / Premade
Cornucopia Malibu Farmers Market
Site Address 23519 Civic Center Way, Malibu, CA 90265
Date:
Drawn
09/09/2015
by: JL
Sc
N
ale
w
1164" - 1· - o"
Attachment 3b
Option B Proposed Aerial Map – Civic Center Way
Attachment 3c
Vacant lots owned by the City of Malibu (lot 1 of 5: “Chili Cook-Off” Lot) Source: City of Malibu GIS, 2023
APN: 4458-022-907
Street Address: 23575 Civic Center Way
Area: 55,959 Sq Ft (1.28 acres)
Attachment 3d
Agenda Item # 7.A.
Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Cynthia Alba, Executive Assistant
Approved by: Steve McClary, City Manager
Date prepared: January 03, 2024 Meeting date: January 08, 2024 Subject: Traffic Calming Measures on Pacific Coast Highway (Mayor Uhring and Councilmember Silverstein)
RECOMMENDED ACTION: At the request of Mayor Uhring and Councilmember Silverstein, determine whether to direct staff to explore and implement traffic calming measures on Pacific Coast Highway (PCH) pursuant to the Declaration of Local Emergency duly adopted by the City Council.
FISCAL IMPACT: Funding for these services was not included in the Adopted Budget for FY 2023-24. Depending on what direction the Council provides, staff can return at a subsequent meeting with an estimated cost depending on staff analysis and recommendations.
STRATEGIC PRIORITY: This item was not included in the Adopted FY 2023-24 Strategic Priority Project List. Public safety, in general, is number 3 of the Top 5 Priorities for FY 2023-2024. Currently, an item on the Strategic Priority Project List that addresses PCH safety is the PCH signal synchronization project, which aims at installing communication between the existing traffic signals on PCH, from Topanga Canyon Road to John Tyler Drive, and connecting the signals back to the Caltrans Traffic Management Center, allowing Caltrans to control and operate the signals and the signal system remotely.
DISCUSSION: Mayor Uhring and Councilmember Silverstein are requesting that the City Council consider directing staff to explore and implement traffic calming measures on PCH pursuant to the Declaration of Local Emergency duly adopted by the City Council on November 13, 2023. Upon direction from the City Council, City Staff will explore and implement such traffic calming measures as the City Council directs, as well as any other traffic calming measures as the City Manager may determine to be prudent pursuant to the Declaration of Local Emergency.
City Council Meeting
01-08-24
Item
7.A.
Agenda Item # 7.A.
While the City does not control PCH, since its incorporation, Malibu has worked closely with Caltrans, the LA County Sheriff’s Department, and our other partner agencies to find ways to make PCH safer for residents, motorists, pedestrians, and cyclists. The City has launched a PCH Safety website to keep community members informed on the latest efforts to make PCH safe.
ATTACHMENTS:
1. Suggested Proposal Prepared by Mayor Uhring and Councilmember Silverstein
2. Agenda Request – Barry W. Stewart
Proposal to Direct the Staff to Explore and Implement Traffic Calming Measures on Pacific Coast Highway Pursuant to the Declaration of Local Emergency Duly Adopted by the City Council.
1. Overview of the City Council’s Statutory Authority to Declare and Take Action During a Public Emergency
The California Government Code confers upon the City of Malibu (“Malibu”) the power to promulgate orders and regulations necessary to mitigate the effects of, among other things, manmade emergencies that result in extreme peril to life or property and to protect the health and safety and preserve lives and property.
Specifically, Section 8550 of the California Government Code provides, in pertinent part, as follows:
The state has long recognized its responsibility to mitigate the effects of natural, manmade, or war-caused emergencies that result in conditions of disaster or in extreme peril to life, property, and the resources of the state, and generally to protect the health and safety and preserve the lives and property of the people of the state. To ensure that preparations within the state will be adequate to deal with such emergencies, it is hereby found and declared to be necessary:
(a) To confer upon the Governor and upon the chief
executives and governing bodies of political subdivisions of this state the emergency powers provided herein; and to provide for state assistance in the organization and
maintenance of the emergency programs of such political subdivisions.
The emergency powers conferred upon the governing bodies of political subdivisions of the state to address a local emergency are broadly stated in Section 8634 of the California Government Code, which provides, in pertinent part, that “[d]uring a local emergency the governing body of a political subdivision, or officials designated thereby, may promulgate orders and regulations necessary to provide for the protection of life and property.” Among other things, Section 8634 specifically empowers the governing body of a political subdivision to promulgate “orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety.”
Pursuant to Section 8557 of the California Government Code, the term “political subdivision” includes “any city, city and county, county, district, or other local ATTACHMENT 1
governmental agency or public agency authorized by law.” Accordingly, the Malibu City Council (“City Council”) is one of the many “governing bodies of political subdivisions of this state” upon which the California Government Code confers emergency powers to promulgate orders and regulations necessary to provide for the protection of life and property during times of a local emergency.
The procedural manner by which a city or other political subdivision of the state invokes the emergency powers conferred by the California Government Code is by formally declaring the existence of a local Emergency. As Los Angeles County has explained in an appendix to its Operation Area Emergency Response Plan:
What is a local emergency?
Conditions of disaster or extreme peril . . . to safety of persons/property that are likely to exceed
resources/capability of the “proclaiming” political
jurisdiction.
Where is it proclaimed?
Within a county, city and county, or city.
Who proclaims it?
It depends on each jurisdiction’s ordinance. Usually the mayor, city manager, police, fire chief, or emergency
manager. . . .
Why proclaim a local emergency?
It provides:
• immunity from negligence
• authority to promulgate emergency orders and
regulations
• confers extraordinary police powers
• exceptions to statutorily mandated procedures
• first step in process to access state/federal disaster relief programs.
1 1 See L.A. County Operation Area Emergency Response Plan, at p.131(Appendix H) (https://areadonline.com/wp-content/uploads/2021/03/OAERP-Approved-Adopted_Version_ The California Governor’s Office of Emergency Services (“CalOES”) has similarly described the purposes of a local emergency proclamation as being to “provide extraordinary police powers; immunity for emergency actions; [and] authorize issuance of orders and regulations,” among other things.2 Alameda County, Glenn County, Mariposa County, Santa Clara County, and the cities of Berkely, Palo Alto, San Jose, and Campbell, among others, have publicly described the California Government Code as conferring “extraordinary police powers” upon the governing bodies of counties and cities in the case of a duly declared public emergency.3 Even without the California Government Code, the common law has long recognized and acknowledged the “police powers” of local government to act to protect the health, safety and welfare of the community. In that regard, the United States Supreme Court has gone so far as to hold that “[e]ven the personal liberty of the citizen may be temporarily restrained as a measure of public safety” pursuant to the common law police powers of the government during times of a public emergency.4 Consistent with this historical precedent, the Court of Appeal of California has instructed that the chapter of the California Government Code that address the emergency powers of the Governor to address a public emergency “makes clear that in situations of ‘extreme peril’to the public welfare the State may 6-19-2012.pdf). A similar explanation appears at the L.A. County CEO Emergency Management website (https://ceo.lacounty.gov/proclamations-declarations/). 2 See https://saltonsea.com/wp-content/uploads/2019/11/Cal-OES-Emergency-ProclamationCDAA-Process-Fact-Sheet-FINAL-Feb-2019-c1.pdf; https://www.caloes.ca.gov/office-ofthe-director/operations/recovery-directorate/interagency-recovery-coordination/proclamation -process/.
3 See https://www.acgov.org/ready/documents/EmergencyOperationsPlan.pdf (Alameda County); https://www.countyofglenn.net/sites/default/files/Office_of_Emergency_Services/ Glenn%20OA%20EOP-%20Basic%20Plan%202019_3.pdf (Glenn County); https://www.mariposacounty.org/DocumentCenter/View/87789/Resolution_2020-732?bidId= (Mariposa County); https://emergencymanagement.sccgov.org/sites/g/files/exjcpb261/ files/document/2022%20E OP_County%20of%20Santa%20Clara_01.20.2022%20 Accessibility%20Check.pdf (Santa Clara County); https://berkeleyca.gov/sites/default/ files/2022-04/2016-Emergency-Operations-Plan.pdf (Berkely); https://www.cityofpalo alto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports-cmrs/ year-archive/2020/id-11192-covid.pdf (Palo Alto); http://www3.sanjoseca.gov/clerk/ Agenda/20110222/20110222attC.pdf (San Jose); http://lflink.campbellca.gov/ LFLINK/DocView.aspx?id=206150&dbid=0&repo=CityHall&cr=1 (Campbell). 4 See Yakus v. United States, 321 U.S. 414, 443 (1944). exercise its sovereign authority to the fullest extent possible consistent with individual rights and liberties.”
5 In reliance upon the emergency powers conferred by the California Government Code, the City of Encinitas recently declared a local emergency in response to the growing number of reported collisions involving bicyclists. Among other things, the emergency declaration authorized the placement of electronic messaging boards at high collision and traffic areas, reminding motorists and bicyclists of the importance of roadway safety.
6 Outside of California, the Town of Longbeach, New
Jersey, declared a public emergency in 2020 based on a similar grant of legislative authority, and reduced the speed limit to 15 miles per hour along certain roadways that ran through the town to address a “significant increase in pedestrian traffic” during the COVID-19 pandemic7 Both of these actions are consistent with the observation of the Puerto Rico Supreme Court that it is readily apparent that “‘the urgent public necessity’ created by the incidence of fatal accidents on our roads” is “included in the list of civil emergencies” that support the exercise of extraordinary police powers by local government to protect the health, safety and welfare of the community.8
Other examples of actions taken by the governing bodies of counties and cities in California to address a local emergency include the adoption of eviction moratoriums, gathering restrictions, and other public safety measures during the COVID-19 pandemic.
In addition to the foregoing, the City Council has twice declared a local emergency to deal with encampments of unhoused individuals that would have been beyond the authority of Malibu to address in the absence of such a declaration.
2. The City Council’s Declaration of Local Emergency
On November 13, 2023, the City Council voted unanimously to declare a local emergency arising out of extreme peril to persons and property resulting from the marked increase in dangerous, illegal, reckless and/or distracted driving on Pacific Coast Highway (“PCH”) in the Malibu (the “Local Emergency Declaration”). The 5 California Correctional Peace Officers Assn. v. Schwarzenegger, 163 Cal. App. 4th 802, 6 See https://www.encinitasca.gov/Home/Components/News/News/53/405. 7 See https://www.longbeachtownship.com/emergency-order-15mph-speed-limit/. 8 See People v. Superior Court of P.R., 86 D.P.R. 834, (P.R. Supr. 1962) (citing Yakus).
Local Emergency Declaration was made pursuant to the statutory authority of the California Government Code. As explained in the Council Agenda Reports for the City Council’s consideration of the Local Emergency Declaration on November 13 and its proposed extension tonight (together, the “Council Agenda Report”):
[The California Government Code] empowers the City Council to proclaim the existence of a Local Emergency when there is extreme peril to the safety of persons and property within the territorial limits of the City. Additionally, California Government Code Section 8634 empowers the City Council to promulgate orders and regulations necessary to provide for the protection of life and property during the time of a Local Emergency. These statutes codify the constitutional “police powers” of local governments to adopt local legislation designed to protect the health, safety, and welfare of the community.
The Council Agenda Report further states:
. . . The status and use of [PCH] currently constitutes a condition, or threatened condition, of extreme peril to the safety of persons and property within the City of Malibu. PCH is the City’s main thoroughfare[,] and each day serves as a commuting route, a residential street, a business corridor, and for persons accessing beaches and other local recreation amenities, a pathway used by pedestrians and cyclists.
PCH is a California State Highway (State Route 1) that is managed and maintained by the California Department of Transportation (“Caltrans”) with a posted speed limit ranging between 40-55 miles per hour in the City. Excessive speeding, reckless driving, unsafe U-turns, and distracted driving caused by cell phone use and other distractions have resulted in increased collisions with other motorists, cyclists and pedestrians on PCH that have resulted in injury and death.
According to data from the Statewide Integrated Traffic Records System obtained through UC Berkley’s Transportation Injury mapping System, between 2018 and 2022 there were 22 deadly crashes on PCH in the City, resulting in the death of 23 people. Data from the California Highway Patrol[] indicates that there have been 49 fatalities along PCH in Malibu from 2012-22. And finally, the Los Angeles Times has reported that there have been 170 combined deaths and serious injuries to drivers, passengers, cyclists and pedestrians between 2011 and 2023 along PCH in the City. Further, countless other close calls or near misses from the danger posed by the conduct on PCH are impossible to quantify. Most recently, a crash occurred on PCH resulting in the tragic and unnecessary loss of four Pepperdine University students who were walking along PCH. According to authorities, the driver of the car was allegedly traveling at a speed in excess of 100 miles per hour when his vehicle lost control, sideswiped at least three parked cars and then crashed into a group of people including the four Pepperdine University students and two others.
These statistics and most recent tragedy are all consistent with the dayto-day experience of City residents, visitors, officials, and staff. PCH has become increasingly dangerous to residents and visitors due to the common occurrence of drivers speeding, driving recklessly, or driving while distracted. Residents and visitors are now forced to weigh and modify their use of PCH depending on the time of day and other factors (e.g., weather, weekend vs. weekday, existing traffic conditions, etc.) because of the danger posed. Despite efforts by the City and other governmental agencies to improve the safety of PCH, the point has been reach that the risk is just too great. The status quo is no longer acceptable and action must be taken to mitigate this local emergency.
Consistent with the foregoing, the Local Emergency Declaration states, among other things, as follows:
The increase in dangerous, illegal, reckless and/or distracted driving on PCH in the City currently poses extreme peril to persons and property in Malibu. As such, a local emergency now exists throughout the City of Malibu, which will remain in effect until the extreme danger has subsided.
The Local Emergency Declaration also states:
The local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council. As required by law, the City Council shall review the need to continue the state of emergency every 60 days until this resolution is terminated.
3. The Need for Further Actions to Combat the Local Emergency In addition to being formally and officially declared by the City Council, the extreme peril to life and property posed by the dangerous conditions of PCH in Malibu have been publicly acknowledged by State Senator Ben Allen, State Assemblymember Jacqui Irwin, and L.A. County Supervisor Lindsey Horvath, among others – all of whom have been working publicly and behind scenes to secure support from the State and L.A. County to adopt and implement measures to reduce the dangerous conditions of PCH in Malibu. Unfortunately, unlike the wheels of speeding vehicles on PCH, the wheels of government turn slowly, and the state’s actions (as opposed to words) to reduce, if not eliminate, the dangerous conditions of PCH in Malibu are moving at a snail’s pace and not expected to yield meaningful (if any) results for well over a year or more. In the meanwhile, the extreme peril to life and property continues unabated.
Over the course of the past few weeks, representatives of CalTrans have visited Malibu and participated in public discussions about safety and/or traffic calming measures that CalTrans can pursue to improve safety on PCH in Malibu. Although CalTrans has implemented and/or undertaken to implement some safety and/or traffic calming measures, those measures are largely cosmetic and substantially less than what is required to abate the local emergency. To put it bluntly, CalTrans’ actions and proposals amount to little more than putting lipstick on a pig.
For the past two months, Mayor Uhring and Councilmember Silverstein have repeatedly advocated that the City Council adopt safety and/or traffic calming measures that will improve the safety of PCH in Malibu until such time as CalTrans takes effective action. In addition to increasing the presence of law enforcement on PCH, safety and/or traffic calming ideas that have been put forward for consideration include the following:
● Impose a curfew with specified exceptions – e.g., Nobody shall drive on PCH within the territorial limits of the City of Malibu after sundown; provided, however, that such restriction shall not apply to persons who abide by such emergency speed limit signs posted by the City of Malibu, stop at emergency stop signs posted by the City of Malibu, and honor such other emergency traffic calming measures adopted and promulgated by the City of Malibu.
● Place multiple electronic signs throughout the city with warnings of various matters that may have the effect of slowing traffic – such as “Danger Ahead, Proceed with Caution” / “Safety
Corridor / Reduce Speed” / “Slow Down / Speed Checked by Radar.”. Such signs might even add “Fines Tripled for
Speeding.”
● Place additional decoy law enforcement vehicles along PCH. ● Erect flashing red and/or yellow lights and/or temporary stop lights.
● Create temporary pedestrian crosswalks, and prohibit pedestrians from crossing PCH in areas that are not designated for
pedestrians.
● Place temporary and removable speed bumps on PCH in certain places.
● Restrict the right of vehicle operators to drive in excess of posted emergency limits, such as 35 or 40 miles per hour for open stretches of PCH and 25 miles per hour where there are homes or businesses along PCH.
● Restrict the right of vehicle operators to drive without stopping at specified emergency stoplights or stop signs.
● Declare that driving in excess of specified speeds endangers persons and property and is not reasonable or prudent on specified stretches of PCH, which will trigger a reduced speed limit pursuant to Section 22350 of the California Vehicle Code. ● Request and/or direct that the Sheriff implement sobriety check points (perhaps at multiple points) on all nights that racing on PCH is known to occur.
● Narrow the width of lanes with K Rails or Collapsable lane separators to narrow lanes – such as those used in front of Dukes, Geoffreys, and the Calamigos Beach Club on PCH, and near HRL on Malibu Canyon.
● Close lanes from time to time and place to place, leaving only one lane for traffic flowing in a given direction.
● Close the center turn lane of PCH and/or prohibit U-turns and certain other turns from PCH.
● Eliminate parking on certain stretches of PCH.
● Create one or more Interim Safety Corridors
● Investigate use of self-driving cars to calm traffic
Other ideas are welcome from other Councilmembers, members of the City Staff, and members of the public.
4. The Objections that Have Been Raised to the City Council Taking Further Action Pursuant to the Local Emergency Declaration It has been argued that traffic calming measures are meaningless if the L.A. Sheriff’s Department and California Highway Patrol will not enforce them. Some traffic calming measures, however, will reduce speeding without regard to enforcement.
Closing and/or narrowing the width of lanes, for example, will make PCH less susceptible to speeding, racing, and reckless driving. Additionally, multiple electronic warning signs, flashing lights, lower speed limit signs, and threats of fines will have a deterrent effect for motorists that would not otherwise exist in the absence of such measures. Again, this is so without regard to enforcement.
Moreover, it also is easy for law enforcement officials to state that they will not enforce traffic calming measures adopted by Malibu when no such measures exist, and the issue is merely hypothetical. It is, however, more difficult to ignore and/or disregard lawfully adopted measures after they have been adopted, and Malibu can seek legal recourse of law enforcement officials refuse to enforce Malibu’s duly adopted emergency measures.
It also has been argued that Malibu lacks the authority to take action to calm traffic on PCH without the authorization of CalTrans. In that regard, the Council Agenda Report asserts:
PCH is a State Highway managed and controlled by Caltrans. Sections 83 and 90 of the Street and Highways Code state that Caltrans has jurisdiction, possession, control and responsibility for the maintenance of State Highways. Further sections of the Streets and Highways Code make clear that Caltrans is the entity with decision-making power over PCH in the City, including improvements, safety elements and speed limits. Further, Streets and Highway Code section 124 states that it is Caltrans, not the City, that can restrict the use of, or close, a State Highway for the protection of the public.
As discussed below, the Council Agenda Report overstates the force and effect of Sections 83, 90 and 124 of the Street and Highways Code, which provide as follows:
Section 83. Any public street or highway or portion thereof which is within the boundaries of a state highway, including a traversable highway adopted or designated as a state highway, shall constitute a part of the right of way of such state highway without compensation being paid therefor, and the department shall have jurisdiction thereover and responsibility for the maintenance thereof.
Section 90. The department shall have full possession and control of all state highways and all property and rights in property acquired for state highway purposes. The department is authorized and directed to lay out and construct all state highways between the termini designated by law and on the locations as determined by the commission.
Section 124. The department may restrict the use of, or close, any State highway whenever the department considers such closing or restriction of use necessary:
(a) For the protection of the public.
(b) For the protection of such highway from damage
during storms or during construction, improvement or
maintenance operations thereon.
Although Sections 83, 90 and 124 of the Street and Highways Code do vest CalTrans with jurisdiction over and possession and control of PCH, these provisions do not contain any express restriction against Malibu’s exercise of concurrent jurisdiction pursuant to the California Government Code’s grant of authority to take action to address a duly declared local emergency. Nor does the Council Agenda Report identify any decisional law that addresses this issue.
The view that CalTrans’ approval is required before other state agencies or political subdivisions can act to address a local emergency is contrary to the fact that the Sheriff’s Department closed down PCH (as well as Malibu Canyon, Kanan Dume Road and various local roads) to traffic seeking to enter Malibu during and following the Woolsey Fire. Law enforcement officers also routinely shut down one or more lanes of PCH, and even shut down PCH entirely from time-to-time, to deal with the aftermath of vehicle collisions, and also to conduct DUI checkpoints.
The view that CalTrans’ approval is required before a local government can take action to address a local emergency involving PCH also is inconsistent with the authority of local governments to enter private property to abate a public nuisance despite the fact that the property owner indisputably has possession and control of the property that is otherwise inviolate in the absence of a public emergency.
The only way to find out for certain whether Malibu has the authority to make PCH safer without CalTrans’ approval is for Malibu to do so and let the chips fall where they may. If CalTrans should challenge Malibu’s authority to take such action, the California Courts will determine the extent of Malibu’s authority pursuant to the California Government Code. If Malibu should prevail in such litigation, we will have performed a great service to the community. If Malibu should lose such litigation, Malibu will have incurred attorneys’ fees defending its efforts to protect the community, but the risk of liability is remote because the California Government Code provides Malibu with immunity from liability for the discretionary actions it takes pursuant to the Local Emergency Declaration – even actions that would otherwise all within the exclusive jurisdiction of CalTrans. Specifically, Sections 8655 and 8656 of the California Government Code provides as follows:
Section 8655. The state or its political subdivisions shall not be liable for any claim based upon the exercise or performance, or the failure to exercise or perform, a discretionary function or duty on the part of a state or local agency or any employee of the state or its political subdivisions in carrying out the provisions of this chapter. * * *
Section 8656. All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules; all pension, relief, disability, workers’ compensation, and other benefits which apply to the activity of officers, agents, or employees of any political subdivision when performing their respective functions within the territorial limits of their respective political subdivisions, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extraterritorially under this chapter.
In reliance upon Sections 8655 and 8666 of the California Government Code, the Court of Appeal of California affirmed the statutory immunity from liability of California Water Reclamation District Number 17 (“District 17”) for cutting a levee in a failed effort to avert flooding during a local emergency.9 The levee cut by District 17 was under the exclusive jurisdiction, possession, and control of Water Reclamation District Number 2096 (“District 2096”), which did not approve the actions of District 17. The lawsuit in that matter was brought by Thousand Trails, 9 See Thousand Trails, Inc. v. California Reclamation Dist. No. 17, 124 Cal. App. 4th 450 (2004).
Inc. (“Trails), which was the owner of a campground that was flooded by District 17’s failed emergency extra-jurisdictional action. As the Court explained in affirming District 17’s statutory immunity from liability:
Trails argues no immunity can apply unless District 17 establishes the reasonableness of its actions in cutting the levee. According to Trails, District 17 acted unreasonably in cutting a levee outside its jurisdiction.
District 2096 maintained the levee District 17 ordered cut. Trails also points out that District 2096 never formally approved the cuts.
However, under section 8656: “All of the privileges and immunities from liability … which apply to the activity of officers, agents, or employees of any political subdivision when performing their respective functions within the territorial limits of their respective political subdivisions, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extraterritorially under this chapter.” Under section 8656, District 17’s immunity under the emergency declaration extended to its activities on levees outside its territory or jurisdiction.10
The court also offered the following further support for its decision:
The purpose of the Act is self-explanatory. In situations in which the state must take steps necessary to quell an emergency, it must be able to act with speed and confidence, unhampered by fear of tort liability.
A state of emergency imposes severe time constraints, forcing decisions to be made quickly and often without sufficient time to carefully analyze all potential repercussions. Therefore, the immunity granted by the Act is broad and specifically extended to encompass not only discretionary actions, but also the performance of or failure to perform those discretionary actions. . . .
11 . . .
The undisputed facts show that, faced with the prospect of massive flooding, the Governor of California, the County, and the District 17 trustees declared a state of emergency. District 17’s board of directors 10 Id. at 459.
11 Id. at 458 (citations omitted).
later adopted the trustees’ declaration of emergency. The Act does not require that specific actions undertaken during a flood emergency be codified in a preexisting flood fight plan.
Trails cites no authority for its insistence that the trustees must follow a carefully mapped-out scheme of flood prevention in order to avail themselves of immunity. Such a requirement is inimical to the purpose of the Act: to allow decision makers to act quickly during emergencies to protect the public.
Nor does District 17’s later adoption of a flood fight plan alter our views. It strains credulity to hold District 17 to standards it promulgated in the wake of disaster. To strip an agency of immunity because after the fact it attempts to improve its response to an emergency would be contrary to a public policy of promoting public safety. Penalizing subsequent efforts to improve public safety would severely undermine the purpose of the Act.12
In a more recent decision involving a challenge to actions the City of Beaumont pursuant to a Declaration of Local Emergency, the Court of Appeal sustained the city’s immunity from liability, explaining, in pertinent part, as follows:
Regardless of the argument made by [Appellant], or the finding of the trial court in sustaining the demurrer, Government Code section 8655 provides that “The state or its political subdivisions shall not be liable for any claim based upon the exercise or performance, or the failure to exercise or perform, a discretionary function or duty on the part of a state or local agency or any employee of the state or its political subdivisions in carrying out the provisions of this chapter.” Here, the emergency resolution adopted by the City was pursuant to Government Code section 8558, subdivision (c), which provides in pertinent part “‘Local emergency’ means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city.” The provisions, ante, are part of Chapter 7, the Emergency Services Act. “The purpose of the Act is self-explanatory. In situations in which the state must take steps necessary to quell an emergency, it must be able to act with speed and confidence, unhampered by fear of tort liability. 12 Id. at 459.
A state of emergency imposes severe time constraints, forcing decisions to be made quickly and often without sufficient time to carefully analyze all potential repercussions. Therefore, the immunity granted by the Act is broad and specifically extended to encompass not only discretionary actions, but also the performance of or failure to perform those discretionary actions.” As such, the City has immunity for any claim based on their adoption of the emergency resolution . . . . 13 Moreover, without regard to the outcome of the litigation, we will have done our level best to protect the community, and the press will have a field-day covering CalTrans’ interference with Malibu’s efforts to make PCH safe.
Finally, CalTrans may refrain from taking any action as a result of an internal determination that Malibu has the right to take action to make PCH safer and/or political expediency. If so, Malibu will have succeeded in changing the currently unsafe dynamic without the feared resistance by CalTrans.
While there are many known unknowns, one thing is certain:
“If nothing changes, nothing changes. If you keep doing what you’re doing, you’re going to keep getting what
you’re getting. You want change, make some.”
― Courtney C. Stevens, The Lies about Truth
13 Peters v. City of Beaumont, 2022 Cal. App. Unpub. LEXIS 1522 at **22-23 (March 14, 2022) (citations omitted).
From: Barry W. Stewartl
Date: Tue, Dec 26, 2023 at 5:31 AM
Subject: Re: Malibu Council Agenda Item Request
To: Bruce Silverstein
Cc: Steve Uhring
Councilman Silverstein,
, Desmond Williams
Thank you for your email and for your proposal to implement true corrective measures to make PCH Malibu safer.
I wholeheartedly support the intent behind your proposal.
In my view, the measures listed below need to be implemented.
I have developed this list after consulting with a number of traffic safety experts, LASO members, and Malibu residents.
I believe these measures balance the legitimate need of law-abiding drivers to proceed efficiently, with the need to minimize traffic injuries and deaths.
I suspect some of these measures may be implemented unilaterally by Malibu under the emergency measures provision. Some will require cooperation of Caltrans and the state legislature. I am willing to help you, interested citizens, elected officials, and law enforcement to lobby Caltrans and the legislature.
In a November 14 presentation to the PCH task force, LASO Captain Seetoo showed a heat map which revealed that a roughly 4 mile stretch of PCH Malibu accounted for a significant majority of deaths and injury incidents, including the Oct 17 incident that killed my daughter Peyton and three of her Pepperdine sorority sisters.
Within that ~4 mile part of PCH:
1. Implement "quick build" traffic calming measures that are inexpensive, fast to implement, and reconfigurable. Such measures include improved road striping and signage, movable barriers between traffic lanes and sidewalks, stoplights synchronized such that travel at or below the speed limit is encouraged. Permanent measures can be implemented once the quick build ones have been tested and revised such as to optimize their effectiveness. Permanent measures could include additional traffic lights or roundabouts, and permanent medians or barriers.
2. Reduce the speed limit to 35 MPH. A 4 mile drive at 35 mph takes only 90 seconds longer than a 4 mile drive at 45 mph.
3. Implement speed cameras with automated ticketing to enforce that limit. Cameras have been proven to reduce speeds in traffic injuries and deaths in jurisdictions where they have been implemented. They also free up one Forssman personnel to address crimes that require officer ATTACHMENT 2