Malibu City Council
January 22, 2024

Agenda Item # 6.E.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Richard Mollica, Planning Director
Approved by: Steve McClary, City Manager
Date prepared: January 3, 2024 Meeting date: January 22, 2024 Subject: Formula Retail Clearance Process
RECOMMENDED ACTION: Receive a presentation from the Planning Department describing the Formula Retail Clearance (FRC) process established by Ordinance No. 431 (Attachment 1).

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

STRATEGIC PRIORITY: This item is part of day-to-day operations; however, modifications to the FRC process was not included in the Adopted FY 2023-24 Strategic Priority Project List. At the Council’s direction, this item can be brought back to a future Strategic Planning meeting for prioritization if modifications are desired.

BACKGROUND: On October 9, 2023, the City Council directed staff to bring back a report on the Formula Retail Clearance process. This item is for informational purposes only.

In 2018, the City Council adopted Ordinance No. 431 regulating formula retail businesses citywide in shopping centers having at least 10,000 square feet of gross floor area, whether the shopping center is located on one parcel or multiple parcels. The ordinance went into effect on April 12, 2018 and established Malibu Municipal Code (MMC) Chapter

17.61 (Formula Retail Clearance). The ordinance follows the Council’s direction in 2017 to regulate formula retail businesses in a manner consistent with the court’s 2016 decision that invalidated Measure R.

The City’s goals in adopting the ordinance were to preserve a unique community character, promote a strong and diverse retail base for visitors and residents alike, and to maintain a small-town ambiance consistent with the General Plan. This is emphasized by the City’s commitment to “manage growth to preserve a rural community character” [General Plan Land Use (LU) Element, Section 1.4.2], encourage the “...establishment City Council Meeting
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6.E.
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Agenda Item # 6.E.
and continued operation of small neighborhood and community serving businesses” [General Plan LU Policy 4.4.1], and ensure that commercial “visitor serving retail uses...fit the character and scale of the surrounding community.” [LCP Land Use Plan (LUP) Policy

5.12, in part]. Further, the General Plan Mission Statement states, in part, that “Malibu will maintain its rural character by establishing programs and policies that avoid suburbanization and commercialization of its natural and cultural resources.” Additionally, overriding goals of the City are to “(a) Protect, maintain, and where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and artificial resources; and (b) Assure orderly, balanced utilization and conservation of coastal zone resources taking into account the social and economic needs of the people of the state.” [LCP LUP, Section 1(D)].

The Council considered that an over-abundance of formula retail establishments would frustrate the City’s ability to promote a diverse retail base within the City – a base comprised of a balanced mix of businesses, small and large, familiar and unique. The Council found that an over-abundance of formula retail establishments would unduly limit or possibly eliminate the availability of businesses that tend to be non-traditional or unique.

The ordinance was designed to limit the homogeneity and sameness that would result from a proliferation of formula retail establishments and to preserve Malibu’s unique community character while avoiding the issues that caused Measure R to be invalidated.

By providing a balanced approach of imposing a ratio of distinct businesses and formula businesses, the FRC process was designed to advance the Council’s goal of preserving a distinct community character without placing undue restrictions on commercial property owners.

DISCUSSION: The Planning Department administers the FRC process by using definitions in MMC Section 17.02.060 (Definitions) and the provisions of MMC Chapter

17.61 (Formula Retail Clearance).

1. Definitions. The ordinance added several definitions to MMC Section 17.02.060; however, three key definitions used by staff in the FRC process include:
 “Formula Retail” is defined as any type of retail sales activity and/or retail service activity conducted within a retail establishment which, along with ten 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 decor; 4) standardized façade; 5) standardized layout; 6) standardized signage, a servicemark, or a trademark; 7) uniform apparel.  “Retail Establishment” is defined as a commercial establishment that provides goods and/or services directly or indirectly to the consumer such as general retail, 2

Agenda Item # 6.E.
eating and drinking places, beauty, personal services, professional office, amusement, health, fitness and galleries.
 “Shopping Center”is defined as a group of retail, retail service, and other commercial establishments operating under common management or having common areas such as walkways, parking, public restrooms, or similar shared amenities, and having at least 10,000 square feet of gross floor area, whether on one parcel or multiple parcels.

Additional definitions are provided for the following terms used in the FRC process: “Array of Merchandise or Menu,” “Color Scheme,” “Décor,” “Façade,” “Layout,” “Servicemark,” “Trademark,” and “Uniform Apparel.”

2. Application. An FRC request must be made on an application provided by the Planning Department (Attachment 2) with payment of fees. The current fee for an FRC is $3,996.

3. Permit Type. The ordinance is administered by staff through the issuance of a ministerial permit. A ministerial process (as opposed to a discretionary process such as conditional use permitting) is one in which there is no discretion on the part of the decisionmaker when applying standards and requirements to an application. This means that MMC Chapter 17.61 must be clear via objective standards and process as to how an applicant could obtain an FRC approval prior to submitting an application. Note that the issuance of an FRC would be in addition to any other ministerial or discretionary permit required for the business as applicable (e.g., health department, tenant improvement, certificate of occupancy, sign permit, temporary use permit, conditional use permit, etc.).

4. Exemptions. Certain types of formula retail establishments are exempt from the FRC process. These types of establishments are not subject to the City’s formula retail requirements. These include:
 Grocery
 Drug stores and pharmacies
 Gas stations
 Banks and financial services
 Real estate offices
 Movie theaters
 Postal service offices
 Medical offices
 Legally established formula retail businesses existing as of November 1, 2017 for as long as the business is in continuous operation and does not relocate and/or expand its gross floor area by 200 square feet or more. 3

Agenda Item # 6.E.

All other types of formula retail establishments are considered “non-exempt” and subject to the FRC process. These include establishments that currently have 10 or more operational retail establishments worldwide and maintain two or more of the features listed in the “formula retail” definition in MMC Section 17.02.060.

5. Issuing Authority. Ministerial approval is granted by the Planning Director for eligible non-exempt formula retail establishments requesting to locate within a shopping center.

Unless rescinded by the Planning Director, the approval becomes final two days after the FRC is reported to the Planning Commission. FRCs are not appealable to the Planning Commission or City Council.

6. Reporting. All FRCs approved by the Planning Director are noticed on a public hearing agenda and reported to the Planning Commission within 30 days of issuance by the Planning Director. The report includes all calculations and descriptions of businesses used by the Planning Department in making the FRC determination.

7. Criteria. The following criteria is evaluated by staff prior to issuing an FRC. Note that FRCs are required for any shopping center (as defined) citywide with at least 10,000 square feet of gross floor area, whether on one parcel or multiple parcels. An approval will be issued if a non-exempt formula retail establishments complies with all of the following:

 Location does not exceed 4,000 square feet of gross floor area; and  Issuing the FRC will not result in:
o Non-exempt formula establishments occupying more than 30 percent of the total gross floor area of a shopping center (excludes floor area occupied by any exempt formula retail establishment(s)); and
o Non-exempt formula retail establishments occupying more than 40 percent of the total gross floor area of the ground floor of a shopping center where the shopping center is more than one floor (excludes floor area occupied by any exempt formula retail establishment)
Example 1: One-story shopping center with gross floor area of 10,000 square feet.

Shopping center includes a 3,000 square foot exempt formula retail establishment. The net square footage is 7,000 square feet.
 The shopping center would have a maximum allowance of 30% (or 2,100 square feet) for non-exempt formula retail. The remaining 70% (or 4,900 square feet) must be comprised of non-formula retail establishments.
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Agenda Item # 6.E.

Example 2: Two-story shopping center with gross floor area of 10,000 square feet comprised of 5,000 square feet on the first floor and 5,000 square feet on the second floor.

The shopping center includes a 3,000 square foot exempt formula retail establishment located on the first floor.
 The first criterion is to set the total allowable formula retail square footage (inclusive of all floors). The net square footage is 7,000 square feet. The shopping center would have a maximum allowance of 30% (or 2,100 square feet) for non-exempt formula retail. The remaining 70% (or 4,900 square feet) must be comprised of nonformula retail.  The second criterion is to set the maximum allowable formula retail square footage on the first floor. The first floor is 5,000 gross square feet; however, it includes the 3,000 exempt formula retail establishment. The net square footage on the first floor is 2,000 square feet. The shopping center would have a maximum allowance of 40% (or 800 square feet) for non-exempt formula retail on the first floor. The remaining 70% (or 1,200 square feet) must be comprised of non-formula retail on the first floor.
 This means that the shopping center would be limited to 2,100 square feet of formula retail overall, of which up to 800 square feet could be located on the first floor. The remaining allotment could be located on the second floor. In the event all 2,100 square feet were located on the second floor, no additional formula retail could be located on the first floor due to the first criterion.

The calculations made in the examples above may change over time as exempt and/or non-exempt establishments change. As such, FRC evaluations are based on the conditions in the shopping center at that time. As tenants change and/or building square footage, formula retail allowances may also change.

8. Waiver. The Planning Commission may waive the criteria for an FRC where it finds, based on substantial evidence, that due to unusual circumstances, strict compliance with the standards for an FRC creates an undue hardship. The Planning Commission may impose conditions on any waiver as required so that the formula retail use is compatible with existing surrounding uses and preserves the community’s character and ambiance.

A waiver is processed under the same City procedures as a variance pursuant to MMC Chapter 17.72 including an application form, fee (currently $3,578 + public noticing costs), 21-day public notice, and Planning Commission hearing. Waivers are appealable to the City Council.

9. Transferability. An approved FRC is transferrable to a new business in the same land use category, located at the exact same location or tenant space, so long as the square footage of the gross floor area is not increased.
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Agenda Item # 6.E.

ENVIRONMENTAL IMPACT: The City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.

ATTACHMENTS:

1. Ordinance No. 431

2. FRC Planning Application
6 ORDINANCE NO.431

AN ORDINANCE OF THE CITY OF MALIBU DETERMINING THE PROJECT

IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT AND AMENDING MALIBU MUNICIPAL CODE TITLE 17 (ZONING) TO REGULATE FORMULA RETAIL

ESTABLISHMENTS CITYWIDE
The City Council of the City of Malibu does ordain as follows:

SECTION 1. Recitals.

A. More than 23 percent of Malibu’s nearly 12,000 acres is public open space and more than 50 percent is designated as environmentally sensitive habitat area (ESHA) pursuant to the City’s Local Coastal Program (LCP). Malibu desires to remain unique, not just in its physical setting comprised of approximately 22 miles of scenic coastline nestled between the Santa Monica Mountains and Pacific Ocean, but in its primarily rural nature, its small-town feel, and its low-key commercial character. Maintaining these community characteristics creates a distinct visitor and resident experience. Malibu is primarily a rural residential community. 3.7 percent of its total land area is zoned for commercial use, with half of that clustered in the Civic Center neighborhood. The civic center is the City’s main commercial district. Maintaining the economic health and unique appeal of the City’s commercial districts is vital to the ongoing preservation and enhancement of the City’s unique, small-town feel, commercial character, and the needs of its visitors and residents.

B. To help advance those goals, the City seeks to avoid the proliferation of chain store uses that result in an overwhelming sense of sameness and familiarity. Instead, the City desires to encourage elements that promote variety and charm while still leaving opportunities open for all. The City’s mission statement includes land use policies intended to maximize these principles. “Malibu is a unique land and marine environment and residential community whose citizens have historically evidenced a commitment to sacrifice urban and suburban conveniences in order to protect that environment and lifestyle, and to preserve unaltered natural resources and rural characteristics. The people of Malibu are a responsible custodian of the area’s natural resources for present and future generations.” [General Plan, Vision Statement].

C. Maintaining a strong and diverse retail base is critical to the success of its commercial core. The City recognizes that this can be enhanced by a healthy blend of unique and familiar businesses which provide diverse retail opportunities for visitors and residents alike. The City is committed to “manage growth to preserve a rural community character” [General Plan Land Use (LU) Element, Section 1.4.2] and encouraging the “...establishment and continued operation of small neighborhood and community serving businesses.” [General Plan LU Policy

4.4.1]. Further, the City must ensure that commercial “visitor serving retail uses.. .fit the character and scale of the surrounding community.” [LCP Land Use Plan (LUP) Policy 5.12, in part].

ATTACHMENT 1
7 Ordinance No. 431

D. Malibu is a world-known destination that draws millions of visitors each year.

The City boasts unique environmental, coastal and cultural qualities, historical ties to the original Chumash lands and subsequent Rancho Topanga Malibu Sequit, recreational opportunities, and a rural residential community set within the Santa Monica Mountains National Recreation Area and the Santa Monica Bay. The City desires its commercial uses to likewise promote variety and charm, embrace its relatively rural community, and not detract from its unique qualities. The City has observed an increase in commercial leasing activity City-wide, with a specific increase in the number of formula retail establishments. Formula retail establishments are, by their nature, not unique. Formula retail establishments generally do not offer goods and services that are not readily available at other establishments within a reasonable proximity, especially in the highlyurbanized areas of greater Los Angeles and Southern California, generally. Consequently, the City finds that the proliferation of formula retail establishments in the City, if not regulated, will conflict with and frustrate the City’s goal of maintaining a distinct community character and promote a local economy that includes non-standard offerings.

E. An over-abundance of formula retail establishments frustrates the City’s ability to promote a diverse retail base within the City. A diverse retail base includes a distinct character that avoids overwhelming familiarity and sameness. A diverse retail base should be comprised of a balanced mix of businesses, small and large, familiar and unique. The City finds that an over abundance of formula retail establishments will unduly limit or possibly eliminate the availability of businesses that tend to be non-traditional or unique.

F. The General Plan Mission Statement states, in part, that “Malibu will maintain its rural character by establishing programs and policies that avoid suburbanization and commercialization of its natural and cultural resources.” Further, the overriding goals of the City shall be to “(a) Protect, maintain, and where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and artificial resources; and (b) Assure orderly, balanced utilization and conservation of coastal zone resources taking into account the social and economic needs of the people of the state.” [LCP LUP, Section 1(D)].

G. In light of the foregoing considerations, the City Council finds that the public welfare will be served and advanced by regulating the establishment of formula retail establishments.

H. On October 5, 2017, a one-quarter page Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Malibu and published display ads in local newspapers, and was mailed to all interested parties; regional, state and federal agencies affected by the amendment; local libraries and media; and the California Coastal Commission.

I. On October 30, 2017, the Planning Commission held a duly noticed public hearing on Zoning Text Amendment (ZTA) No. 17-003, at which time the Planning Commission reviewed and considered the agenda report, reviewed and considered written correspondence from the public, public testimony, and other information on the record. At that meeting, the 8 Ordinance No. 431

Planning Commission adopted Planning Commission Resolution No. 17-89 recommending that the City Council approve the amendment subject to several suggested revisions that are set forth in the staff report.

J. On December 14, 2017, pursuant to Malibu Municipal Code (MMC) Section

17.74.040, a Notice of City Council Public Hearing was published in a newspaper of general circulation within the City of Malibu and was mailed to all interested parties; homeowner’s associations on record with the City; regional, state and federal agencies affected by the amendment; local libraries and media; and the California Coastal Commission.

K. On January 10, 2018, the City Council heard and considered the evidence and information provided in support of and in opposition to the application, public testimony of all interested persons and the recommendations of the Planning Commission. Council provided direction on changes to the ordinance and continued the item to the February 12, 2018 Regular City Council meeting.

SECTION 2. Environmental Review and Negative Declaration.

The City has analyzed the project proposal described herein and has determined that the project is covered by the general rule that 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 and accordingly, the exemption set forth in Section 1506 l(b)(3) applies.

Without waiving its right to rely on the above-referenced exemption, when adopting its first formula retail ordinance (Ordinance No. 376) in 2014, the City nevertheless undertook an initial study (Initial Study No. 13-00 1) in the interest of providing meaningful information to the City’s decision-making body and fostering the most informed decision-making process practicable. The original formula retail ordinance did not authorize a use other than that already designated in the LCP and MMC as a permitted or conditionally permitted use in the zone. The project description, initial study and negative declaration were circulated for a 30-day public review period from March 13, 2013 to April 11, 2013. The City Council adopted Initial Study No. 13-00 1 and Negative Declaration No. 13-00 1 when it approved Ordinance No. 376, based on its determination that (i) there was no substantial evidence that the request set forth in the ordinance would have a significant effect on the environment and (ii) the negative declaration prepared for that request reflected the City’s independent judgment and analysis.

While Ordinance No. 376 applied only to the Civic Center area of the City whereas the proposed ordinance applies citywide, this difference is not significant given most commercial activity occurs in the Civic Center and the proposed ordinance again does not change the uses allowed or their intensity or density. While the City could conduct another initial study out of 9 Ordinance No. 431

caution, it is not necessary due to the exemption. Planning Department staff has also conducted an initial review of the categories that would be examined in an initial study and cannot identify any potential impacts that would need to be studied.

SECTION 3. Additional Findings for Zoning Text Amendment No. 17-003.

The City Council hereby finds that ZTA No. 17-003 is consistent with the General Plan and LCP. The ordinance would support the objectives and policies of the General Plan intended to preserve and enhance the City’s unique, small-town feel, commercial character, and the needs of its visitors and residents. The ordinance will also ensure compatibility between land uses by reducing any potential negative indirect effects that have been associated with an over abundance of formula retail establishments, such as shifting a community’s commercial variety and charm to familiarity and sameness, which conflict with and frustrate the City’s goals of remaining unique while promoting a diverse retail base.

The ZTA advances the General Plan Vision Statement which reads, “Malibu is a unique land and marine environment and residential community whose citizens have historically evidenced a commitment to sacrifice urban and suburban conveniences in order to protect that environment and lifestyle, and to preserve unaltered natural resources and rural characteristics.

The people of Malibu are a responsible custodian of the area’s natural resources for present and future generations.” The City is committed to “manage growth to preserve a rural community character” [General Plan LU Element, Section 1.4.2] and encouraging the “. . .establisbment and continued operation of small neighborhood and community serving businesses.” [General Plan LU Policy 4.4.1]. Further, the City must ensure that commercial “visitor serving retail uses ... fit the character and scale of the surrounding community.” [LCP LUP Policy 5.12, in part]. The overriding goals of the City are to: “(a) Protect, maintain, and where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and artificial resources; and (b) Assure orderly, balanced utilization and conservation of coastal zone resources taking into account the social and economic needs of the people of the state.” [LCP LUP, Section 1(D)].

The proposed ordinance does not authorize a use other than that already designated in the LCP and MMC as a permitted or conditionally permitted use in the zone. The proposed ordinance is consistent with the Coastal Act and the LCP because it protects, maintains and enhances the overall quality of the coastal zone environment. The proposed ordinance 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.

SECTION 4. Zoning Text Amendments.

A. Section 17.02.060 (Definitions) of Title 17 of the MMC is amended to add the following new definitions, inserted in alphabetical order:
10 Ordinance No. 431

“Array of merchandise or menu” means 50 percent or more of in-stock merchandise or menu items.”
“Color scheme” means the selection of colors used throughout, such as on the furnishings, wall coverings, or as used on the façade. Standardized lighting is considered part of the color scheme.
“Decor” means the style of interior finishes such as the style of furniture, wall coverings, or permanent fixtures.”
“Façade” means the face of the front of a building or tenant space oriented onto a street or public open space. Awnings are considered part of the façade. This definition is for purposes of Chapter 17.61 only.
“Formula retail” means any type of retail sales activity and/or retail service activity conducted within a retail establishment which, along with ten 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 decor; 4) standardized façade; 5) standardized layout; 6) standardized signage, a servicemark, or a trademark; 7) uniform apparel. “Layout” means the interior arrangement of furniture, service area, or permanent fixtures.

This definition is for purposes of Chapter 17.61 only.
“Servicemark” means a word, phrase, symbol, or design, or a combination of words, phrases, symbols, or designs that identifies and distinguishes the source of a service from one party from those of others.
“Trademark” means a word, phrase, symbol, or design, or a combination of words, phrases, symbols, or designs that identifies and distinguishes the source of the goods from one party from those of others.
“Uniform apparel” means standardized items of clothing such as aprons, pants, shirts, dresses, hats and pins (other than name tags), as well as standardized colors of clothing. “Retail establishment” means a commercial establishment that provides goods and/or services directly or indirectly to the consumer such as general retail, eating and drinking places, beauty, personal services, professional office, amusement, health, fitness and galleries.
“Shopping center” means a group of retail, retail service, and other commercial establishments operating under common management or having common areas such as walkways, parking, public restrooms, or similar shared amenities, and having at least 11 Ordinance No. 431

10,000 square feet of gross floor area, whether on one parcel or multiple parcels. This definition is for purposes of Chapter 17.61 only.

B. Chapter 17.61 (Formula Retail Clearance) is hereby added to Title 17 of the MMC to read as follows:

17.61.010 Purpose.

The purpose of this chapter is to promote and maintain a distinct community character and a diverse retail base. This chapter is intended to encourage retail elements that promote variety while contributing to and maintaining the City’s small-town atmosphere and to prevent the proliferation of businesses that create a homogenized retail experience.

17.61.020 Applicability.

A. A formula retail clearance under this chapter shall be required for all new formula retail establishments and for existing formula retail establishments that relocate to a new tenant space or expand by 200 square feet or more of gross floor area, except for the following types of formula retail establishments which are exempt:
(1) Grocery
(2) Drug stores/pharmacies
(3) Gas stations
(4) Banks and financial services
(5) Real estate offices
(6) Movie theaters
(7) Postal service offices
(8) Medical offices
B. A formula retail clearance is not required for legally established formula retail businesses existing as of November 1, 2017, for as long as the business is in continuous operation and does not expand its gross floor area. These legal nonconforming formula retail businesses shall be considered “non-exempt” formula retail for purposes of Section 17.61 .030(B)(3).

17.61.030 Formula Retail Clearance.

A. FRC Required. A formula retail clearance (FRC) is required for all non exempt formula retail establishments in a shopping center. Prior to initiation of any such permitted or conditionally permitted use or issuance of a certificate of occupancy for such retail establishment, the property owner must obtain a formula retail clearance. 12 Ordinance No. 431

B. FRC Criteria for Issuance. The Planning Director or his/her designee shall issue a formula retail clearance if the formula retail use complies with the following requirements:

1. The location does not exceed 4000 square feet of gross floor area

2. Issuing the FRC will not result in (a) non-exempt formula retail establishments occupying more than 30 percent of the total gross floor area of a shopping center excluding the floor area occupied by exempt formula retail defined in §17.66.020(A)(1)-(8);’ or (b), where the shopping center is more than one floor, nonexempt formula retail establishments occupying more than 40 percent of the total gross floor area of the ground floor of the shopping center excluding the floor area occupied by exemptformula retail defined in §17.66. 020(A)(1)-(8).

C. Report to Planning Commission. All formula retail clearances approved by the planning director shall be noticed and reported to the Planning Commission within 30 days of issuance. Such report shall include all calculations and descriptions of businesses used in making the determination. The approval shall become final two days after the clearance is reported to the Planning Commission, unless rescinded by the Planning Director.

D. Waiver by Planning Commission. The Planning Commission may waive the requirements of Paragraph B where it finds, based on substantial evidence, that due to unusual circumstances, strict compliance with the standards for an FRC creates an undue hardship. The Planning Commission may impose conditions on any waiver as required so that the formula retail use is compatible with existing surrounding uses and preserves the community’s character and ambiance.

An application for a waiver must be made on a form provided by the Planning Department, shall be governed by the standards in this subparagraph D, and shall be subject to the same fee, notice, and hearing and appeal procedures as a variance under this Title.

17.61.040 Transferrable
A formula retail clearance is transferrable to a new business in the same land use category, located at the exact same location or tenant space, so long as the square footage of the gross floor area is not increased.

C. Appendix 1, included herein as Exhibit A, is hereby added to Title 17 of the Malibu Municipal Code.
1(Gross Floor Area — Floor Area of Exempt Formula Retail) X .30 = Allowable non-exempt Formula Retail X .70 = Required non-formula retail
13 Ordinance No. 431

SECTION 5. Effectiveness.

This Ordinance will become effective on the thirty-first day following its passage and adoption.

SECTION 6. Certification.

The City Clerk shall certify the adoption of this Ordinance.

PASSED, APPROVED AND ADOPTED this 26th day of February, 2018.

TUCK MULLEN, Mayor
ATT~ST:

I
HE THER GLASEI~, City Clerk
(seal)
Date: ~2(p /
CHRISTI HOGIN, ity A o ey
Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 1.12.010 of the Malibu Municipal Code and Code of Civil Procedure.

I CERTIFY THAT THE FOREGOING ORDINANCE NO.431 was passed and adopted at the Regular City Council meeting of February 26, 2018, by the following vote:

AYES: 5 Councilmembers: La Monte, Peak, Rosenthal, Wagner, Mullen NOES: 0
ABSTAIN: 0
ABSET:: 0
~
HE1 TH~R GLASE~,) City Clerk
(seal)
14 Exhibit A
Appendix 1 PERMITTED USES TABLE
In the event of a conflict between the table and the text of Title 17, the text shall control.

Ordinance No. 431

KEY TO TABLE (In addition to a coastal development permit, the following permits are required.) P Permitted use
MCUP Requires the approval of a minor Conditional Use Permit by the Director CUP Requires the approval of a Conditional Use Permit
A Permitted oniy as an accessory use to an atherwtse permitted use LFI)C Requires the approval of a Large Fanitiy I)ay Care permit SPR Requires the approval of a Site Plan Review.
a Not permitted (Prohibited)
USE RR SF MF MFBF NIH CR CN CC C’i 1 C~ 2 CG OS I PRF RVP One single-family residence p p P P . . a a a • * • A1
ser lot
Manufactured homes pursuant
to Government Code Section P P P P . a * a a a a a a a a 65852.3
Multiple-flirnily resid~nhis1
(including duplexes,
condominiums, stock a a CUP CUPS a a a a • a a a a a a
cooperatives, apartments, and
similar developments)
Second units pursuant to
Govemment Code Section A A A A a a a a a a * a a a
65852.2
Mobile home parks in
‘ . . a a • P a * a * a a a a a extstence as ot March 28, 1991 Mobile Isome park accessory
uses (including recreation
facilities, meeting rooms.
— a a a a (~.UP a a . a a a a • a management offices,
storage/maintenance buildings,
uid other similar uses)
Mobile home park
modifications to number,
layout. or density and public or a a a a CIJP a a a a a a a a a common areas, except for
repairanclmainienanee — — — — — — — — — — —
Temporary mobile home as
residence subject to 17.40.040 P P P MCUP • a a a a a a a a a a (A) (18)
Accessory uses (guest units
(750 efmax), garages, barns,
pool houses, pools, spas,
gazebos, storage sheds, ~ A A A3 . a a a a a a a a a a
greenhouses (non-commercial),
sports courts (non-illuminated),
corrals (non-commercial), and
similar uses)
Residential care facilities p p P
(serving 6 or fewer persons) — — — — — — —

15 Ordinance No. 431

USE ltR SF ME MFBF MH CR C”T CC C~, 1 CV 2 CG OS I PRF RVP Small family day care (serving
6 or fewer persons) ~‘ p p a a • • • a a a
Large family day care (serving LFDC LFDC LFDC a a a a a a a a a a a a ~tol2persons) — ——
~ P1 P1 P1 P1 Home occupations 1CUP~ MCUP4 MUP4 MCUP’ • • • • • a a a a a a Domestic animals kept as ~ A A A A A . a a a a a • • a . or for personal use — — — — — — — — — — —
Equestrian and hiking trails l~ ~
‘public and private) — — — — — — — —
Equestrian riding and training
facilities and activities
ineludin~ boarding of horses
and domestic animals,
tournaments, shows and
contests (including accessory
uses such as club house with
food and beverage service, l>rn
shop, tack shop, riding rings, a a a a a CUP a a a a a a a a boarding/training/show
thoilities, barns, parking lots,
sports courts, and living
accommodations for members,
their guests, participants,
employees and persons
required for the operation and
maintenance of such facilities)
Grazing of cattle, horses, sheep
or goats, including the * a a CUP~ a a a a a a a a
supplemental feeding of such
animals
Raising of horses, sheep, goats,
donkeys, mules and other A5 A5
equine cattle for personal use — — — — — — — — — — — —
Raising of horses and other
equine, cattle, sheep and goats, ~ a a a CUP9 a a a a • a CUP a a including the breedmg and
training of such animals
hoarding of horses as a MCUP1° a a a a a a a a a a a a a a commercial use
Raising of hogs or pigs P~ . a a a CUP11 a a a a a e • a Raising of poultry, fowl, birds,
rabbits, dab, bees and other
aninialsofcomparablenature P • a a a CUP a a a a . a CUP a a provided the parcel is 1 acre in
size
Greenhouses (noncommercial) ~ a a a a CUP a a a a a a CUP a a onlotsofatleast 1 acre
Raising of crops (field, tree,
bush, berry row, nursery stock, A A a a a a a a a • a a CUP a a etc.) provided no retail sale
from the premises — — — — — — — — — — — — —
Horticultural related activities a CUP a a a a a a a a a a a a Wildlilh preserves a a a a • P a a . • a . a . .

Book stores a - a a a a P P P P P a a a a
Convenience stores a a a a a a a a CUP CUP CUP a a a a
Food markets a a a a a P P P P P a a a a

16 Ordinance No. 431

LSE fiR SF MF MFBF MH CR CN CC CV 1 C’. 2 CG OS I PRF [tVP Hardware, garden supply stores • a a a • a p p P P P • • Liquor stores • a a a a a CUP CUP CUP CUP CUP • a • a
Plant nurseries a a a a a a p p p P P a a a a
Pharmacies a a * a a a p p P P P a a • a
Stationesy supplies • a a a a a P P P P P • . .

Retail sales ofrecreational
equipment andclothmg, a a a a a a a P P P P a . a a
souvenirs, and similar uses
Bakeries (no on-site seating) a a a a a a P P P P P a a a a Barber shops, beaaty salons • a a a a a p p p p p • • • • Laundsy, dry cleaners a a a a a a P P P P P • a a a
Miscellaneous services
including travel agencies,
photocopy services,
photographic processing and a a a a a a P P P P P a a a a supplies, mailing services,
appliance repair, and similar
uses
Banks, financial institutions a a a a a a P P P P P a a a a Tlealth care facilities a a a a a a a CUP CUP CUP CUP • CUP a a Medical, dental, and physical • a a a a a a p P P P a a a a therapy offices — — — — — — — — —
Professional offices a a a a a a P P P P P a a a
Veterinary Hospital • a a a a a CUP CUP CUP CUP CUP • • a Bars a a a a a a a CUP CUP CUP CUP . a a a
Live entertainment * a a a a a a CUP CUP CUP CUP a a a a Movie theaters a a a a a e a a a a CUP a a a a
Refreshment stands, ice cream
stands, and other fixed location a a a • a a a a CUP CUP CUP a a a outdoor food vending stands
Restaurants a a a a a a CUP12 CUP13 CUP13 CUP13 CUP13 a a • a Vehicle washing/detailing • a a a a a CUPu CUPu — — CUP • • a • Service stations (without • • • • a a a CUP CUP CUP CUP a a • convenience market) — — — — — — — — —
Towing and automobile storage a a a a a a a a a a CUP a CUP a a Community stage theaters CUPu a a a a a a a a a a • . a ~ultural and artistic uses (such
as museums, galleries, a a a a a CUP CUP CUP CUP CUP CUP a a a a nerforning arts venues) — — — — — — — — — —
Dance studios a a a a a a P P P P P a a a a
Health clubs a a a a a a P p p P P a a a a
Hotels a a a a a a a a a CUP a a a a
dotels and bed and breakfast a a a a a a a a CUP a a a a a a inns
Parks sndplaygrounds a a CUP CUP a a CUP CUP CUP CUP CUP a a a a Public parks, beaches, and
~ a a a a a a a a a a a P P a a playgrounds
Recreation facilities
(swimming pools, sandboxes, p16/
slides, swings, lawn bowling, a • a a a P a a a a a a a volleyball courts, tennis courts CUP
and sinilar uses) — — — — — — — — — — —

17 Ordinance No. 431

18 Ordinance No. 431

Recreation facilities
(neighborhood - for use
by surrounding
residents and operated
byanon-profit . a CUP CUP a • CUP CUP CUP CUP CUP a a a a corporation or
neighborhood
association for non
cominerciaipurposes) — — — — — — — —
Recreation facilities
(neighborhood - for use CUP
by surrounding
residents)
Recreational facilities
such as equestrian
trainingandboarding a a . a a a a CUP CUP CUP CUP a a a a facthties tennis stid
swim clubs and golf
driving ranges — — — — — — —
Recreational vehicle a a a a c~up a a a a a a a a a
narks
Sports courts (lighted) CUP CUP CUP CUP a a CUP CUP CUP CUP CUP a a a Sports fields (lighted) a . a • a . a a a a a CUP1~ a
Charitable,
philanthropic activities a a a • • p15 p15 p1s p15 p15 • ~r,jp • and educational (non
profit) activities
Churches, temples, and • • CUP a a a CUP CUP CUP CUP CUP • CUP . other places ofworship — — — — —
Community centers • a a a a a a a a a a • CUP • a
Day care facilities, CUP CUP CUP a a a CUP CUP CUP CUP CUP • CUP a a Educational institutions
(public or private) a a • a a a CUP a a a a CUP a
Emergency
conmiuricarion and a CUP CUP CUP ~UP CUP CUP CUP CUP CUP CUP CUP ~UP CUP CUP service facilities
Communication a a a a a a a a a CUP a a a a
‘~acilities
Farmers’ niarkets
operated by a nonprofit • a • • a • a a a a a a CUP
charitable organization
Hehpad sites CUPrs • a a a a a a a a a a CUP5’ a a
Government facilities,
including police and fire • a CUP a a a P P P P P • P a a stations
Libraries, museums • a a a • a a • a a a a CUP a a
Maintenance yards • a a a • a a a a a a a CUP • a
Public utIlity facilities CUP CUP CUP CUP • a CUP CUP CUP CUP CUP CUP~ CUP a a qesearch institutions a a • • • a a a • a CUP a a a a
Residential ears • • • • a a a CUP CUP CUP CUP • CUP53 * theihites for the elderly — — — — — — — — — —
Wastewater storage and • • • • , • a a a CUPrs CUP a a a hauling ——
Wireless
telecommunications SPRJC[JP” • a a a SPR SPR SPR SPR SPR SPR SPR SPR SPR antennae and facilities CLP~’ CUP
subject to Chapter 1 7.4~ — — — — — — — — — — — —

19 Ordinance No. 431

USE KR SI? Ml? MFBF MH CR CN CC Cvi C~2 CG Os I i~RF nv~ Construction services cu~ • • • •
(neighborhood-serving) — — — — — — — — — —
Manufacturing,
processing, or treatment • • • • a • • • • • CUP a • *
of products — — — — — — — — — —
Masonry supplies • • a a a • a • • • P • a • a
Sculptural and metal art • • • • • • • • • •
activities
Research and
development, testing a • a • • • a CUP •
facilities
Self-storage a • a a . a CUP26 CUP~ CUP26 CUP~ CUP26 . a Wholesale, storage, and • • a a • • •
distnbutien
Light indusbial uses a a a a a a • a a a CUP • a a a
Uses pennitted by iight
that operate between the • • a a a a MCUP P P P P a a a a hours ofll:00 p.m. to
7:00 am.

Medical marijuana • a a a a a Cup7’ CUP2’ CUP2’ CUPu C1~JPZ7 • a a a facilities
New or The expansion
over 500 sf of multiple
family residential use
including duplexes, a • a CUP a a a a a a a a a a a
condonuniunis, stock
cooperatives,
apartments and other
similar developments — — — — — — — — —
tixpansion up to 500 Sf
of existing buildings
provided the expansion a a a P a a P p p p p a a P P
eonfonus to Chapter

17.40 Any use permitted in
Sectionl7.26.02t.) in sri
existing consuercial a a a a a a MCUP MCUP MCUP MCUP MCUP a a a structure
Any use involving new
constnsction or • • a a a a CUP CUP CUP CUP CUP • • * CUP expansion over 500 Sf
Routine maintenance of
natural open space areas
and existing facilities,
provided no
. a a a a a P a a * a • a a a •
constnsctaon or grading
activity occurs
Any proposed grading
or construction related a a a a a CUP a a a a a a a a a to proposed uses

20 Ordinance No. 431

USE ER sr MIt M~B~ ME CR C?’. CC CVI CV 2 CG Os I PRI RVP Temporary real estate
and construction signs • • • • • • 1’ p p ~ P
with new development
activity. ——
Other uses determined
by the Planning
Director to be of a • • • • • • P P p p p • * •
similar nature to
permitted uses
Notes:

1. One single family residence in conjunction with an institutional use and consistent with the provisions of Chapter 17.08.

2. Includes the expansion of over 500 sq. ft. ofexisting multiple flimily structures.

3. Barns and corrals not allowed.

4. Subject to Home Occupation Standards Section 17.40.40(A)(19)

5. Public and private hiking trails in CR and I zones and private hiking trails in RR, SF, and MF zones.

6. Accessory uses when part of an educational or non-profit (non-conitnercial) use.

7. Subject to Section 17.08.020 (D)() for RR zone and Section li.18.030(B)(2) for CR zone,

8. Subject to Section 17.08.020 (C)(5) for RR zone and Section 1 7. l0.020(c~(5) for SF zone.

9. Subject to Section 17.08.020 (D)(l) for RR zone and Section l7.18.030(l3)(l) for CR zone.

10. Subject to Section 17.08.030 (B), except that the inirthnuni area required shall be 5 acres.

11. Suhjectio Section l7.08.020(D)(4) for RR zone and Section l7.18.030(B)(5) for CR zone.

12. Maximum interior occupancy of 125 persons.

13. If exceeding interior occupancy of 125 persons.

14. Byhandonly.

15. Subject to Section 17.08.040(F),

16. Subject to provisions of Section 17.34.030 when a facility is located within a side or rear yard adjacent to a residentially-zoned parcel.

17. Sports field lighting shall be limited to the main sports field at Malibu High School and subject to the standards of LIP Sections 4.6.2 and 6.5(0).

18. Charitable, philanthropic, or educational non-ptoftt activities shall be limited topenrianent uses that occur within an enclosed building.

19. Subject to Section 1 7.26.030(A)(l).

20. Subjectto Section 17.08.040(C).

21. Limited to public agency use only (not for private use).

22. Conditionally permitted only when facilities are ancillary to the Civic Center Wastewater Treatment Facility~ including, but not limited to, injection wells, generators, and PUtnl) stations.

23. Residential care facilities for the elderly are limited to operation by a non-profit only.

24. This use is conditionally permitted in the Civic Center Was-lewater Treatment Facility Institutional Overlay District and only when associated with the existing wastewater treatment facility or with the Civic Center Wastewater Treatment Facility.

25. CUP required unless located in public right-of-way.

26. Subject to Section 17.22.040(N).

27. Subject to Section 17.66.120.

21 City of Malibu
23825 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-7650 · www.malibucity.org

FRC No. ____-
General Information

FORMULA RETAIL CLEARANCE APPLICATION
The City of Malibu will not accept incomplete applications PROPERTY ADDRESS: Unit #_____________________
BUSINESS NAME:

APPLICANT / CONTACT: First: Last:

APPLICANT ADDRESS: CITY: STATE: ZIP:

APPLICANT PHONE #: APPLICANT EMAIL:

PROPERTY OWNER:
 Formula Retail Clearance $______

1. DOES THE PROPOSED RETAIL SERVICE CURRENTLY HAVE 1O OR MORE OPERATIONAL RETAIL

ESTABLISHMENTS WORLDWIDE AND MAINTAIN TWO OR MORE OF THE FOLLOWING FEATURES LISTED BELOW?  YES  NO
If yes, circle the applicable feature below.
a. Standardized array of merchandise or menu
b. Standardized color scheme
c. Standardized décor
d. Standardized signage
e. Standardized layout
f. Standardized signage, service mark or
trademark
g. Uniform apparel

2. WILL THE PROPOSED LOCATION EXCEED 4,000 SQUARE FEET OF GROSS FLOOR AREA?  YES  NO

3. PROPOSED BUSINESS:  NEW BUSINESS  OTHER:

4. BUSINESS DESCRIPTION (PROVIDE ADDITIONAL PAGES IF NECESSARY):
_________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ Fees
Formula Retail
ATTACHMENT 2
22

5. TOTAL GROSS FLOOR AREA OF SHOPPING CENTER: ______________

6. PROPOSED FLOOR AREA:_____________
*ISSUING THE FRC WILL NOT RESULT IN (A) NON-EXEMPT FORMULA RETAIL ESTABLISHMENTS OCCUPYING MORE THAN 30 PERCENT OF THE TOTAL GROSS FLOOR ARE OF A SHOPPING CENTER EXCLUDING THE FLOOR AREA OCCUPIED BY EXEMPT FORMULA RETAIL DEFINED IN 17.66.020(A)(1)-(8) ONLY, OR (B), WHERE THE SHOPPING CENTER IS MORE THAN ONE FLOOR, NON-EXEMPT FORMULA RETAIL ESTABLISHMENTS OCCUPY MORE THAN 40 PERCENT OF TOTAL GROSS FLOOR AREA OF THE GROUND FLOOR OF THE SHOPPING CENTER.

REPORT TO PLANNING COMMISSION
All formula retail clearances approved by the Planning Director shall be noticed and reported to the Planning Commission within 30 days of issuance. Such report shall include all calculations and descriptions of businesses used in making the determination. The approval shall become final two days after the clearance is reported to the Planning Commission, unless rescinded by the Planning Director.

ADDITIONAL PERMITS
Approval of this Formula Retail Clearance is to clear the tenant space to be occupied by a formula retail establishment.

It does not eliminate the need for other permits, licenses, or certificates required. Additional permits may be required (e.g., Health Permit, Certificate of Occupancy, Sign Permit, Tenant Improvement Permit, Temporary Use Permit, Conditional Use Permit, etc.). See the Department of Environmental Sustainability to verify which construction permits may be required.

INDEMNIFICATION CLAUSE
The property owners, and their successors in interest, shall indemnify and defend the City of Malibu and its officers, employees and agents from and against all liability and costs relating to the City's actions concerning this project, including (without limitation) any award of litigation expenses in favor of any person or entity who seeks to challenge the validity of any of the City's actions or decisions in connection with this project. The City shall have the sole right to choose its counsel and property owners shall reimburse the City’s expenses incurred in its defense of any lawsuit challenging the City’s actions concerning this project.

PROPERTY OWNER SIGNATURE PROPERTY OWNER NAME (PRINT) DATE

APPLICANT STATEMENT
I hereby certify under penalty of perjury that I have read and understand all of the sections above and that the information provided on this form is true and correct to the best of my knowledge. I also state that I have read and familiarized myself with the portions of the Malibu Municipal Code which apply to my business in this location. I agree to comply with these regulations and any other local, state, and federal regulation that my relation to this proposed business.

Property Owner, or Applicant Signature: Date:
23

Staff Use Only

FORMULA RETAIL CALCULATION
PROPOSED FORMULA RETAIL FLOOR AREA: _________
EXEMPT FORMULA RETAIL FLOOR AREA: ________
SHOPPING CENTER TOTAL GROSS FLOOR AREA: 1st FLOOR: ________ 2nd FLOOR: ________TOTAL:________ TOTAL GFA: __________ - _________ EXEMPT FORMULA RETAIL = _________ ___________x 30% = __________ALLOWABLE FORMULA RETAIL
NON-EXEMPT FORMULA RETAIL GFA (including applicant): __________ COMPLIES  YES  NO SHOPPING CENTER - GROSS FLOOR AREA OF FIRST FLOOR:

TOTAL GFA FIRST FLOOR: ________- ________EXEMPT FORMULA RETAIL = __________ _________x 40% =__________ALLOWABLE FORMULA RETAIL
NON-EXEMPT FORMULA RETAIL GFA (including applicant): __________ COMPLIES  YES  NO Approved FRC: Date:

Planning Staff
NOT Approved for FRC: Date:

Planning Staff
Reason not approved or additional information required:

24

Agenda Item # 6.F.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Susan Dueñas, Public Safety Director
Approved by: Steve McClary, City Manager
Date prepared: January 16, 2024 Meeting date: January 22, 2024 Subject: Agreement with California Highway Patrol
RECOMMENDED ACTION: Authorize the Mayor to execute an agreement with the California Highway Patrol (CHP) for traffic enforcement services.

FISCAL IMPACT: No additional appropriation is required. The Adopted Budget for FY 2023-24 included funds in Account No. 100-7021-5115-00 (L.A. Co. Sheriff Services) to provide additional patrol services as well as necessary support personnel to coincide with the opening of the Los Angeles County Sheriff’s Department (LASD) Malibu Substation.

However, since the substation has not opened and LASD is not allowing for any growth in contracts at this time, there will be a cost savings of approximately $3.0 million, which is sufficient to cover the estimated $700,000 cost of the CHP contract through the end of the fiscal year.

STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2023-24 Strategic Priority Project List.

DISCUSSION: The CHP stopped patrolling Pacific Coast Highway (PCH) in Malibu in 1991 when the City was incorporated, and the City contracted for law enforcement in Malibu with the Los Angeles County Sheriff’s Department (LASD). In 2020, the City secured a contract with CHP for On-Call Services for special events, but for the past two years, CHP has been unable to fulfill any requests for assistance. According to a CHP press report, they have about 1,000 vacant officer positions across the state. CHP attributes the staffing issues to a variety of factors, including increasing retirement rates, job preferences in the private sector, and societal influence; similar issues are facing LASD.

City Council Meeting
01-22-24
Item

6.F.

Agenda Item # 6.F.

However, after the horrific tragedy of losing four Pepperdine students who were hit by a speeding car on PCH on October 17, local, regional, and state leaders collaborated to make CHP resources available to address the dangers on PCH. The plan was to establish a permanent Traffic Safety Task Force comprised of three officers dedicated to Malibu beginning in 2024 and establish an immediate short-term overtime contract to provide interim assistance.

At the November 13, 2023, Regular City Council Meeting, the Council adopted Resolution No. 23-52 declaring the existence of a local emergency due to the increase in reckless and illegal driving on PCH. This action provided the City Manager with emergency powers to execute a $50,000 short-term agreement with CHP on November 16, 2023, to provide interim assistance. This agreement provides approximately 40 overtime shifts and expires on February 6, 2024.

The proposed agreement establishes the Traffic Safety Task Force consisting of three fulltime positions filled by dedicated personnel, providing consistency in shifts and personnel, along with one sergeant for 10 hours per week to oversee the operation. The term of this agreement is January 1, 2024, through June 30, 2025, and shall not exceed $2 million.

If approved, staff will work in coordination with LASD and CHP to request that the additional enforcement is focused on the days and times with the greatest need.

ATTACHMENTS: Agreement with California Highway Patrol

2. The term of this Agreement is:

Department of California Highway Patrol
and City of Malibu
Agreement #23R580001

EXHIBIT A
(Standard Agreement)

SCOPE OF WORK

1. Contractee agrees to reimburse the Department of California Highway Patrol (CHP) for costs associated with establishing and staffing a task force to supplement the Los Angeles County Sheriff’s Department in enforcing vehicle code violations on State Route 1 within the City of Malibu, provided by the CHP West Valley Area office. The City of Malibu also agrees to reimburse the CHP for the cost of one sergeant to oversee and manage the program, and for any court overtime costs incurred from citations and arrests within the City of Malibu made by members of the task force.

A. CHP West Valley Area office shall provide three (3) full time officers and one (1) sergeant for an estimated ten (10) hours per week.

B. The services to be performed by the CHP Peace Officers under this Agreement, including the standards of performance, discipline and control thereof, shall be the responsibility of CHP.

2. The services shall be provided during:

The hours of duty performed by CHP officer(s) under this Agreement are those mutually agreed upon by the Project Representatives listed below, or designees. Any changes to the proposed plan such as additional hours, can be requested and/or on an “as needed” basis and must be mutually agreed upon by the local CHP command and the City of Malibu.

3. The Project Representatives during the term of this Agreement will be:

STATE AGENCY
Department of California Highway Patrol

CONTRACTEE
City of Malibu NAME
Lt. Matthew Zane
NAME
Susan Dueñas, Public Safety Director TELEPHONE NUMBER
(818) 888-0980
EMAIL
[email protected]

TELEPHONE NUMBER
(310) 456-2489 ext. 313
EMAIL
[email protected]
Direct all inquiries to:

STATE AGENCY
Department of California Highway Patrol

CONTRACTEE
City of Malibu SECTION/UNIT
Business Services Section/Contract Services Unit

SECTION/UNIT
Public Safety Department ATTENTION
Tessa Gomez

ATTENTION
Susan Dueñas, Public Safety Director ADDRESS
601 N. 7th Street, Sacramento, CA 95811

ADDRESS
23825 Stuart Ranch Road, Malibu, CA 90265 TELEPHONE NUMBER (916) 843-3610
EMAIL
[email protected]

TELEPHONE NUMBER
(310) 456-2489 ext. 313
EMAIL
[email protected]
Department of California Highway Patrol
and City of Malibu
Agreement #23R580001

EXHIBIT B
(Standard Agreement)

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Invoicing and Payment
A. The CHP shall provide City of Malibu with an itemized invoice which details all CHP costs for law enforcement services provided under this Agreement. Monthly itemized invoices will be submitted in duplicate to:

City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265
Attn: Susan Dueñas, Public Safety Director
Phone: (310) 456-2489 ext. 313
City of Malibu agrees to pay CHP within thirty (30) days after the date of the invoice.

B. In consideration for the services contained herein, City of Malibu agrees to reimburse the CHP upon receipt of an itemized invoice. City of Malibu agrees to reimburse the CHP for the actual hours worked at the time services are provided for the rates listed below. It is understood by both parties that rate increases in salary and benefits are governed by collective bargaining agreements and/or statute and that no advance written notification is necessary prior to implementing the increased rates.

In the event CHP is granted a rate increase, City of Malibu agrees to pay the increased rate. The following information is the CHP Peace Officer rates effective Fiscal Year 22/23, until superseded:

CLASSIFICATION RATES
CHP Officer $26,333.00 per month
CHP Officer Overtime $113.58 per hour
CHP Motorcycle Sergeant $242.58 per hour
CHP Motorcycle Sergeant Overtime $143.68 per hour
CHP Automobile $ 1.51 per mile
CHP Motorcycle $ 1.43 per mile
Department of California Highway Patrol
and City of Malibu
Agreement #23R580001

GENERAL TERMS AND CONDITIONS - MODIFIED

EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated.

Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: The City of Malibu agrees, to the extent permitted by law, to indemnify and hold harmless the CHP against and from any claims, demands, suits, or actions for personal injury, death, loss, and/or property damage caused by the City of Malibu during CHP’s performance of this Agreement. The City of Malibu’s duties hereunder are expressly limited to the acts or omissions of the City and/or its employees and specifically exclude claims arising from and/or related to the CHP and its employees’ own negligence or willful misconduct, including but not limited to claims involving vehicle chases, shootings, excessive force, allegations of sexual assault, and/or other actions or inactions law enforcement actions taken by CHP and its employees in the performance of services under this Agreement.

To the extent any claim falls within the City of Malibu’s indemnity obligation herein, the City of Malibu agrees to defend all such claims, demands, suits, and actions against CHP and/or its appointees, officers, agents, employees, and servants, although the CHP retains the right to conduct the defense at its own expense.

Notwithstanding anything to the contrary in this Agreement, in no event shall the aggregate liability of City of Malibu to CHP for any damages, losses, or costs of any kind arising out of or related to this Agreement exceed the amount of $1,000,000. This liability cap is the City of Malibu’s total potential liability in the aggregate and shall not in any manner be exceeded, no matter how many claims, counterclaims, causes of action, suits, or demands may be asserted.

Department of California Highway Patrol
and City of Malibu
Agreement #23R580001

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

Department of California Highway Patrol
and City of Malibu
Agreement #23R580001

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder.

Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery.

Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

Department of California Highway Patrol
and City of Malibu
Agreement #23R580001

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt.

Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER:

If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
Department of California Highway Patrol
and City of Malibu
Agreement #23R580001

EXHIBIT D
(Standard Agreement)

SPECIAL TERMS AND CONDITIONS

1. The CHP and City of Malibu agree this Agreement may be canceled by either party with thirty (30) days advance written notice.

2. In the event of an emergency, this Agreement may be canceled by either party without prior notice.

3. The CHP and City of Malibu, agree that this Agreement may be amended by written mutual consent of the parties hereto.

4. Unforeseen events may require CHP officer(s) to expend hours in excess of the original estimate. Any costs in excess of the original estimated amount will be processed by appropriate amendment to the Agreement, to reflect the actual costs incurred.

5. Any dispute concerning a question of fact arising under the terms of this agreement which is not disposed within a reasonable period of time (ten days) by the parties normally responsible for the administration of this contract shall be brought to the attention of the Administrative Services Officer (or designated representative) of each organization for joint resolution.

6. City of Malibu agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy and records and supporting documentation pertaining to the performance of this Agreement. City of Malibu agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated.

City of Malibu agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, City of Malibu agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov.

Code §8546.7, Pub. Contract Code §10115 et CCR Title 2, Section 1896).

7. The City of Malibu agrees to provide CHP with a resolution, motion, order or ordinance of the governing body, which authorizes execution of this Agreement, and indicates the individual who is authorized to sign the Agreement on behalf of City of Malibu.

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: December 11, 2023 Meeting date: January 22, 2024 Subject: Designation of Voting Delegate and Alternate Voting Delegate(s) for the 2024 Southern California Association of Governments (SCAG) Annual Regional Conference and General Assembly
RECOMMENDED ACTION: Designate the City’s voting delegate and alternate voting delegate for the Southern California Association of Governments (SCAG) 2024 Annual Regional Conference and General Assembly scheduled for May 2-3, 2024 in Palm Desert.

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

WORK PLAN: This item was not included in the Proposed Work Plan for Fiscal Year 2023- 2024. This project is part of normal staff operations.

DISCUSSION: On May 2-3, 2024, local leaders from throughout Southern California will convene for SCAG’s 59th annual Regional Conference and General Assembly (Conference) in Palm Desert. The Conference brings together state and local elected officials, business and civic leaders, transportation and environmental stakeholders, local government staff, and others.

In order to vote at the Conference on behalf of the City, the City Council must designate a voting delegate and alternate voting delegate (should the primary delegate be unable to attend). Staff will notify SCAG of the Council’s appointments.

ATTACHMENTS: None.

City Council Meeting
01-22-24
Item

7.A.