Enclosure F 390
HOA.105511798.7 16
SECTION 25. The provisions of this ordinance contain various changes, modifications, and additions to the 202225 Edition of the California Green Building Standards Code. Some of these changes are administrative in nature in that they do not constitute changes or modifications to requirements contained in the building standards published in the California Green Building Standards Code.
Pursuant to California Health and Safety Code sections 17958.5, 17958.7, and 18941.5, the Board of Supervisors hereby expressly finds that all of the changes and modifications to requirements contained in the building standards published in the California Building Standards Code that are contained in this ordinance are reasonably necessary because of local climatic, geological, or topographical conditions in the County of Los Angeles due to the potential for seismic activity in the region, topographical conditions that contribute to the spread of wild fires, and climatic conditions that impact air quality and increase the risk of wild fires. In addition, the Board of Supervisors expressly finds that the modifications herein are substantially equivalent to modifications that were previously filed by the County of Los Angeles and were in effect as of September 30, 2025. Without limiting the foregoing, the County makes additional findings herein:
Enclosure F 391
HOA.105511798.7 17
GREEN BUILDING STANDARDS CODE AMENDMENTS
CODE
SECTION CONDITION EXPLANATION
301.1, 301.1.1 Climatic and
Topographic
Environmental resources in the County of
Los Angeles are scarce due to varying, and
occasionally immoderate, temperatures and
weather conditions. Expanding the scope of the
mandatory requirements of this Code for all
residential additions and alterations, and for
residential buildings of seven stories or greater in
height, will achieve a greater reduction in
greenhouse gases, higher efficiencies of energy,
water, and material usage, and improved
environmental air quality.
301.3, 301.3.3 Climatic and
Topographic
Environmental resources in the County of
Los Angeles are scarce due to varying, and
occasionally immoderate, temperatures and
weather conditions. Expanding the scope of the
mandatory requirements of this Code for
nonresidential buildings and residential buildings
of seven stories or greater in height that are
greater than or equal to 25,000 square feet in
floor area will achieve a greater reduction in
greenhouse gases, higher efficiencies of energy,
water, and material usage, and improved
environmental air quality.
4.106.4.1,
4.106.4.1.1,
Climatic The County of Los Angeles is a densely
populated area with elevated levels of
greenhouse gas emissions. The proposed
modification to increase the number of EV
charging spaces and stations will help to
promote the use of electric vehicles and
significantly reduce local air and noise pollution
and greenhouse gas emissions, thereby
improving the health of the County's residents,
businesses, and visitors.
4.106.5 Climatic and
Topographic
The County of Los Angeles is a densely
populated area having residential buildings
constructed within a region where water is
scarce and maintaining storm water runoff quality
is required. The proposed low-impact
development measures will allow greater
Enclosure F 392
HOA.105511798.7 18
GREEN BUILDING STANDARDS CODE AMENDMENTS
CODE
SECTION CONDITION EXPLANATION
conservation of rain water, increase in
groundwater recharge, reduction of storm water
runoff, and improvement in storm water runoff
quality.
4.106.6,
4.106.6.1,
4.106.6.2,
4.106.6.3,
Table
4.106.6(1)
Table
4.106.6(2)
Climatic Environmental resources in the County of
Los Angeles are scarce due to varying, and
occasionally immoderate, temperatures and
weather conditions. Adding mandatory
requirements for cool roofs for residential
occupancies will achieve a greater reduction in
greenhouse gases, higher efficiencies of energy,
and improved environmental air quality.
5.106.3 Climatic and
Topographic
The County of Los Angeles is a densely
populated area having buildings constructed
within a region where water is scarce and
maintaining storm water runoff quality is
required. The proposed low-impact development
measures will allow greater conservation of rain
water, increase in groundwater recharge,
reduction of storm water runoff, and
improvement in storm water runoff quality.
5.106.11,
5.106.11.1,
5.106.11.2,
5.106.11.3,
Table 5.106.11
Climatic Environmental resources in the County of
Los Angeles are scarce due to varying, and
occasionally immoderate, temperatures and
weather conditions. Adding mandatory
requirements for cool roofs for nonresidential
occupancies will achieve a greater reduction in
greenhouse gases, higher efficiencies of energy,
and improved environmental air quality.
A5.601.1 Climatic and
Topographic
Environmental resources in the County of
Los Angeles are scarce due to varying, and
occasionally immoderate, temperatures and
weather conditions. Expanding the scope of the
mandatory requirements of this Code for
nonresidential buildings and residential buildings
of seven stories or greater in height that are
greater than or equal to 25,000 square feet in
floor area will achieve a greater reduction in
Enclosure F 393
HOA.105511798.7 19
GREEN BUILDING STANDARDS CODE AMENDMENTS
CODE
SECTION CONDITION EXPLANATION
greenhouse gases, higher efficiencies of energy,
water, and material usage, and improved
environmental air quality.
SECTION 26. This ordinance shall become operative on January 1, 2026. [TITLE31GREENBUILDCODE2025CSCC]
Enclosure F 394
HOA.105518009.9
ANALYSIS
This ordinance repeals those provisions of Title 33 – Existing Building Code – of the Los Angeles County Code that incorporated by reference portions of the 2022 California Existing Building Code and replaces them with provisions incorporating by reference portions of the 2025 California Existing Building Code, published by the California Building Standards Commission, with certain changes and modifications.
Unless deleted or modified herein, the previously enacted provisions of Title 33 continue in effect.
State law requires that the County's Existing Building Code impose the same requirements as are contained in the building standards published in the most recent edition of the California Existing Building Code. State law allows the County to change or modify these requirements in compliance with section 17958 of the California Health and Safety Code.
The changes and modifications to requirements contained in the building standards published in the 2025 California Existing Building Code that are contained in this ordinance are based upon express findings, contained in the ordinance, that such changes are reasonably necessary due to local climatic, geological, or topographical conditions. These changes and modifications are substantially equivalent to changes or modifications previously filed by the County of Los Angeles, which were in effect as of September 30, 2025.
DAWYN R. HARRISON
County Counsel
By
MARGARET F. AMBROSE
Principal Deputy County Counsel
Public Works Division
MFA/bc:
Requested: 07/31/25
Revised: 10/22/25
Enclosure G 395
HOA.105518009.9
ORDINANCE NO. _____________
An ordinance amending Title 33 – Existing Building Code – of the Los Angeles County Code, to adopt and incorporate by reference the 202225 California Existing Building Code, with certain changes and modifications.
The Board of Supervisors of the County of Los Angeles ordains as follows:
SECTION 1. Chapters 2 through 5, 15, and 16, and Appendix A, Chapters A1, A3, A4, and A5, of this Title 33 of the Los Angeles County Code, which incorporated by reference and modified portions of the 201922 California Existing Building Code, are hereby repealed.
SECTION 2. Chapter 1 is hereby amended to read as follows:
100 ADOPTION AND INCORPORATION BY REFERENCE
Except as hereinafter changed or modified, Sections 102 through 119 of Chapter 1 of Title 26 of the Los Angeles County Code are adopted and incorporated by reference into this Title 33 of the Los Angeles County Code as if fully set forth below, and shall be known as Sections 102 through 119 of Chapter 1 of Title 33 of the Los Angeles County Code.
Except as hereinafter changed or modified, Chapters 2 through 511, 14, 15, and 16, and Appendix A, Chapters A1, A3, A4, and A5, of that certain code known and designated as the 20222025 California Existing Building Code, as published by the California Building Standards Commission, are adopted and incorporated by reference into this Title 33, as if fully set forth below, and shall be known as Chapters 2 Enclosure G 396
HOA.105518009.9 2
through 511, 14, 15 and 16, and Appendix A, Chapters A1, A3, A4, and A5, of Title 33 of the Los Angeles County Code.
A copy of the 20222025 California Existing Building Code shall be at all times maintained by the Building Official for use and examination by the public.
SECTION 3. Section 302.6 is hereby added to read as follows:
302.6 Parapets and appendages.
302.6.1 General compliance. Whenever the Building Official determines by inspection that, as a result of inadequate construction or bracing to resist horizontal forces, an existing parapet or appendage attached to and supported by an exterior wall of a building is likely to become a hazard to life or property in the event of earthquake disturbance, and such parapet or appendage is not an immediate hazard or danger, as described in Section 102, the Building Official may provide the owner of the building or other person or agent in control of the building, where such parapet or other appendage exists, with a written notice specifying the hazards and the inadequacies of the construction or bracing. The owner of the building or other person or agent in control of the building shall, within 12 months from the date of such written notice, eliminate the hazard as set forth below. Any person receiving notice as set out in this Section may appeal, in the manner provided by Section 102.4, to the Building Board of Appeals.
Enclosure G 397
HOA.105518009.9 3
302.6.2 Wall anchor. The parapet or appendage shall be removed and the remainder of the wall shall be anchored at the roof line, or it shall be reconstructed so that it will conform structurally as nearly as practicable to the requirements of Chapter 16 of the Building Code, or it shall be otherwise braced and strengthened in a manner satisfactory to the Building Official, so that it will resist a reasonable degree of horizontal forces without becoming dislodged or at risk of falling. 302.6.3 Inspection of existing condition. Where, in the opinion of the Building Official, it is necessary to open a portion of a roof, wall, or ceiling of a building in order to determine the structural condition of any parapet or appendage, the Building Official may order the owner to make such opening, and the owner shall comply with said order at the owner's sole cost and expense.
SECTION 4. Section 302.7 is hereby added to read as follows:
302.7 Existing glass. Whenever the Building Official determines by inspection that an existing glass installation, in rooms having an occupant load of more than 100 persons or a means of egress serving an occupant load of more than 100 persons, as determined by Chapter 10 of the Building Code, is likely to become a hazard in the event of accidental human impact, as described in Section 2406.4 of the Building Code, and such installation does not comply with the provisions for glazing in such locations, the Building Official may provide the owner of the building or other person or agent in control of the building where such glazing exists with a written notice of such condition. The owner of the building or other person or agent in control of the Enclosure G 398
HOA.105518009.9 4
building shall, within 90 days after receiving said notice, replace such glass or otherwise cause the installation to conform to the requirements of the Building Code.
SECTION 5. Section A401.2 is hereby amended to read as follows:
A401.2 Scope. The provisions of this cChapter apply tomay be used for voluntary seismic improvements to existing buildings of wood construction that contain residential occupancies and are assigned to Risk Category II, and where the structure has a soft, weak, or open-front wall line, and there exists one or more stories above.
SECTION 6. Section A403.1 is hereby amended to read as follows:
[BS] A403.1 General. Modifications required by the provisions in this cChapter shall be designed in accordance with the California Building Code provisions for new construction, except as modified by this cChapter.
Exception: Buildings for which the prescriptive measures provided in Section A404 apply and are used.
Alteration of the existing lateral force-resisting system or vertical load-carrying system shall not reduce the strength or stiffness of the existing structure, unless the altered structure would remain in conformance to the bBuilding cCode and this cChapter.
Enclosure G 399
HOA.105518009.9 5
SECTION 7. Section A404.1 is hereby amended to read as follows:
[BS] A404.1 Limitation. These prescriptive measures shall apply only to two-story buildings and only when deemed appropriate by the codeBuilding oOfficial.
These prescriptive measures rely on rotation of the second floor diaphragm to distribute the seismic load between the side and rear walls around a ground floor open area. In the absence of an existing floor diaphragm of wood structural panel or diagonal sheathing at the top of the first story, a new wood structural panel diaphragm of minimum thickness of ¾ inch (19.1 mm) and with 10d common nails at 6 inches (152 mm) on center shall be applied. A California licensed architect or engineer shall demonstrate compliance with the requirements of Section A404.1 and shall approve and stamp the construction documents.
SECTION 8. Section A405.1 is hereby amended to read as follows:
[BS] A405.1 New materials. New materials shall meet the requirements of the California Building Code, except where allowed by this cChapter.
SECTION 9. Section A407.1 is hereby amended to read as follows:
[BS] A407.1 Structural observation.
Structural observation, in accordance with Section 1704.6 of the California Building Code, is required, regardless of seismic design category, height, or other conditions. Structural observation shall include visual observation of work for conformance to the approved construction documents and confirmation of existing conditions assumed during design.
Enclosure G 400
HOA.105518009.9 6
SECTION 10. Section A407.3 is hereby amended to read as follows:
[BS] A407.3 Testing and inspection.
Structural testing and inspection for new construction materials, submittals, reports and certificates of compliance shall be in accordance with Sections 1704 and 1705 of the California Building Code. Work done to comply with this cChapter shall not be eligible for Exceptions 1, 2, or 3 of Section 1704.2 of the California Building Code or for the exception to Section 1705.13.2 of the California Building Code.
SECTION 11. The provisions of this ordinance contain various changes, modifications, and additions to the 2025 Edition of the California Existing Building Code.
Some of these changes are administrative in nature in that they do not constitute changes or modifications to requirements contained in the building standards published in the California Existing Building Code.
Pursuant to California Health and Safety Code sections 17958.5, 17958.7, and 18941.5, the Board of Supervisors hereby expressly finds that all of the changes and modifications to requirements contained in the building standards published in the California Building Standards Code contained in this ordinance are reasonably necessary because of local climatic, geological, or topographical conditions in the County of Los Angeles due to the potential for seismic activity in the region, topographical conditions that contribute to the spread of wild fires, and climatic conditions that impact air quality and increase the risk of wild fires. In addition, the Board of Supervisors expressly finds that the modifications herein are substantially equivalent to modifications that were previously filed by the County of Los Angeles and Enclosure G 401
HOA.105518009.9 7
were in effect as of September 30, 2025. Without limiting the foregoing, the County makes additional findings herein:
EXISTING BUILDING CODE AMENDMENTS
CODE
SECTION CONDITION EXPLANATION
302.6.1 to
302.6.3
Geologic The greater Los Angeles/Long Beach region is a densely populated area having buildings
constructed over and near a vast array of fault
systems capable of producing major
earthquakes, including, but not limited to, the
1994 Northridge Earthquake. The purpose of
the amendments is to prevent inadequate
construction or bracing to increase resistance to
horizontal forces, thus minimizing hazards to life
or property in the event of an earthquake.
302.7 Geologic The greater Los Angeles/Long Beach region is a densely populated area having buildings
constructed over and near a vast array of fault
systems capable of producing major
earthquakes, including, but not limited to, the
1994 Northridge Earthquake. The purpose of
the amendment is to minimize injuries caused by
shatteringglass in the event of an earthquake.
A401.2 Geologic,
Administrative,
Voluntary
Appendix
The greater Los Angeles/Long Beach region is
situated over a vast array of earthquake fault
systems capable of producing major
earthquakes, including, but not limited to, the
1994 Northridge Earthquake. The purpose of this
amendment is to provide voluntary building
standards to constituents that are performing
seismic retrofitting for existing structures.
A404.1 Administrative,
Geologic,
Voluntary
Appendix
The greater Los Angeles/Long Beach region is
situated over a vast array of earthquake fault
systems capable of producing major
earthquakes, including, but not limited to, the
1994 Northridge Earthquake. The purpose of this
amendment is to provide voluntary building
standards to constituents that are performing
seismic retrofitting for existing structures. Due to
these factors, the County requires a licensed
Enclosure G 402
HOA.105518009.9 8
EXISTING BUILDING CODE AMENDMENTS
CODE
SECTION CONDITION EXPLANATION
architect or engineer stamp and approval of the
construction documents.
SECTION 12. This ordinance shall become operative on January 1, 2026. [TITLE33EXISTBUILDCODE2025CSCC]
Enclosure G 403
NOTICE OF HEARING
REGARDING ORDINANCES AMENDING TITLES 26 - BUILDING CODE, 27 - ELECTRICAL CODE, 28 - PLUMBING CODE, 29 - MECHANICAL CODE, 30 - RESIDENTIAL CODE, 31 - GREEN BUILDING STANDARDS CODE, AND 33 - EXISTING BUILDING CODE OF THE LOS ANGELES COUNTY CODE NOTICE IS HEREBY GIVEN that a public hearing will be held by the Board of Supervisors regarding the adoption of ordinances amending Titles 26 - Building Code, 27 - Electrical Code, 28 - Plumbing Code, 29 - Mechanical Code, 30 - Residential Code, 31 - Green Building Standards Code, and 33 - Existing Building Code of the Los Angeles County Code.
Said hearing will be held in the Hearing Room of the Board of Supervisors, Room 381B, Kenneth Hahn Hall of Administration, 500 West Temple Street (corner of Temple Street and Grand Avenue), Los Angeles, California, 90012, on November 25, 2025, at 9:30 a.m.
The proposed ordinances will amend Titles 26 - Building Code, 27 - Electrical Code, 28 - Plumbing Code, 29 - Mechanical Code, 30 - Residential Code, 31 - Green Building Standards Code, and Title 33 - Existing Building Code of the Los Angeles County Code by repealing the provisions contained in these Titles, which had incorporated by reference the 2022 Edition of the California Building Standards Code and replacing them with provisions incorporating by reference the applicable portions of the 2025 Edition of the California Building Standards Code, published by the California Building Standards Commission, with certain changes and modifications.
Copies of the applicable portions of the 2025 Edition of the California Building Standards Code, published by the California Building Standards Commission, are on file with the Executive Office of the Board and are available for public inspection and also available at the following website link: https://www.dgs.ca.gov/BSC/Codes.
Notice is further given that at the conclusion of the hearing, the Board of Supervisors may adopt the proposed ordinances, decline to adopt the proposed ordinances, or make amendments to the ordinances that are justified by the evidence presented and warranted by local conditions.
If you do not understand this notice or need more information, please call Ms. Jennifer Dang of Public Works, Building and Safety Division, at (626) 458-2679. Our office hours are Monday through Thursday from 7 a.m. to 5:45 p.m.
Upon (7) business day notice, the County can provide program information and publications in alternate formats or make other accommodations for people with disabilities. In addition, documents are available at the Kenneth Hahn Hall of Administration in Los Angeles (500 West Temple Street), which is accessible to individuals with disabilities. Individuals requiring reasonable accommodations, interpretation services, and materials in other languages or in an alternate format may submit a request to Public Works free of charge at (626) 979-5333 at least seven (7) business days prior to the meeting. Hours of operation are Monday - Thursday from Enclosure H 404
7 a.m. - 5 p.m. Requests outside of the 7-day time frame will be accommodated to the extent feasible. Individuals with hearing or speech impairment may use California Relay Service 711.
Para acomodaciones razonables de ADA (Ley de Estadounidenses con Discapacidades) y Adaptación del Título VI, servicios de interprete y materiales en otros idiomas, por favor contactarse con Obras Publicas al (626) 979-5333. Este servicio es gratuito.
Enclosure H 405
Agenda Item # 5.B.
Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Fletcher Allen, Associate Planner
Reviewed by: Yolanda Bundy, Community Development Director Approved by: Candace Bond, Interim City Manager
Trevor Rusin, Interim City Attorney
Date prepared: December 3, 2025 Meeting date: December 8, 2025 Subject: Malibu Community Labor Exchange Project – Request for Increase in Floor Area Ratio
RECOMMENDED ACTION: Adopt Resolution No. 25-60 (Attachment 1) approving an increase in Floor Area Ratio (FAR) from 0.193 to 0.195 for the Malibu Community Labor Exchange (MCLE) project, conditionally approved by the Planning Commission on September 15, 2025 by Coastal Development Permit (CDP) No. 23-053 and Conditional Use Permit (CUP) No. 23-005 to construct a 719 square foot office building for the continued operation of a day labor hiring site operated by MCLE, located in the Los Angeles County Civic Center Complex at 23525 Civic Center Way in the Institutional zoning district.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
STRATEGIC PRIORITY: This item supports the City’s 2025 Strategic Plan goal to explore new opportunities for educational, cultural and recreational establishments.
DISCUSSION: The City Council is considering the Planning Commission’s recommendation to approve an increase in FAR from 0.193 to 0.195 for the MCLE project.
Because the project is located on the Los Angeles County Civic Center Complex, FAR is cumulative for the property and includes all existing development. In order to proceed with the MCLE project, the City Council would need to approve the increase in FAR as described in this report.
City Council Meeting
12-08-25
Item
5.B.
1
Agenda Item # 5.B.
FAR is the ratio of the building square footage to the square footage of the property. The Institutional zone development standards that apply to the project require that a project’s FAR be limited to 0.15, with the exception that additional floor area may be approved by the City Council pursuant to Local Coastal Program (LCP) Local Implementation Plan (LIP) Section 3.9(A)(3)(a) up to the maximum allowed for the property pursuant to the LCP Land Use Plan (LUP), where additional significant public benefits and amenities are provided as part of a project. The maximum allowed FAR for the subject property is 0.20 (80,678 square feet).
On September 15, 2025, the Planning Commission adopted Planning Commission Resolution No. 25-71, approving CDP No. 23-053 and CUP No. 23-005 to construct a new office building for the MCLE. The permanent facility will be located in the northwest corner of the subject property, where the MCLE has operated from a temporary office trailer since 1993. The Planning Commission’s approval is contingent upon the City Council’s action on the requested FAR increase. The Commission recommended that the City Council approve the proposed increase from 0.193 (78,070 square feet) to 0.195 (78,789 square feet), citing the additional significant public benefits provided by the MCLE. The approval would allow for an additional 719 square feet of building area. The complete project description, analysis and history are available in the September 15, 2025 Planning Commission agenda report and resolution on the City’s website at http://www.malibucity.org/smc-malibu.
The sole issue before the Council is whether to approve the increase in FAR. No appeal of the Planning Commission Decision was filed. Should the Council not approve the increase in FAR, CDP No. 23-053 approved at Planning Commission on September 15, 2025 will not move forward.
MCLE Project
The MCLE project, approved by Planning Commission on September 15, 2025, includes a new 719 square foot office building with a permanent foundation. This single-story structure will have a pitched roof not to exceed a height of 15 feet, 9 inches. The office space will include a small bathroom with plumbing connected to the Civic Center Wastewater Treatment Facility. Additional site improvements include a trash enclosure, two rolling gates for vehicular access, less than 500 square feet of decorative landscaping, and repaving the existing hardscape. The project proposes the removal of one overhead streetlight along the northern property line and the removal of the temporary office trailer currently used by the MCLE, upon completion of construction. Operating hours for the proposed MCLE office building will be the same as current operations, from 7:00 a.m. to 1:00 p.m., Monday through Saturday. The additional 719 square feet of enclosed building area will increase the property’s FAR from 0.193 to 0.195. 2
Agenda Item # 5.B.
As shown in Figure 1 below, the MCLE office building will be constructed on a leased area in the northwest portion of the property. The leased area is approximately 7,100 square feet (75 feet wide by 90 feet long), completely paved and surrounded by perimeter chain link fencing. The total area of the subject property is 403,389 square feet (9.26 acres) and is developed with the recently constructed Santa Monica College Malibu campus and Los Angeles County Sheriff’s Station, the Malibu Courthouse, the Los Angeles County Public Library, and a utility/maintenance building.
Figure 1 – Project Site
Source: Project Plans (2024)
FAR Analysis and Public Benefits
The subject property is located in the Institutional zoning district, which accommodates public and quasi-public uses and facilities in the City, with an FAR up to 0.15. Per LIP Section 3.9(A)(3)(a), an increased FAR up to 0.20 can be allowed if the City Council finds that significant public benefits and amenities are provided as part of a project. The recently completed Santa Monica College Malibu campus project (processed as CDP No. 13-056 and approved in 2016) included an FAR analysis that concluded the property is developed 3
Agenda Item # 5.B.
beyond the maximum 0.15 FAR, and that analysis did not account for any existing or future floor area occupied by MCLE. The Santa Monica College (SMC) Malibu campus project included a request to increase FAR to 0.20 that was approved by the City Council in April, 2016. However, during staff’s review of CDP No. 23-053, the resulting FAR for the property after completion of the SMC Malibu campus was 0.193. The MCLE project will increase the property’s existing FAR, from 0.193 to 0.195, as depicted in Table 1 below.
Table 1 – FAR summary
Existing Proposed
Building Areas
Courthouse
Library
Utility Building
SMC – Malibu Campus & Sheriff Substation
New MCLE office
24,240 sq ft
16,229 sq ft
12,291 sq ft
25,310 sq ft
--
--
--
--
--
719 sq ft
Total Building Area -- 78,789 sq ft
Net Lot Area -- 403,389 sq ft
FAR 0.193 0.195
Source: Project Plans for the SMC Malibu Campus (2015), and Project Plans for the subject application (2024) The proposed MCLE project will provide significant public benefits in the form of continued public services in conjunction with the MCLE as follows. These public benefits are further described in the attached resolution:
1. A permanent office to coordinate day-labor opportunities that serve the local community;
2. An onsite restroom to serve MCLE employees and its customers;
3. A trash enclosure and decorative landscaping to maintain site aesthetics;
4. New vehicular gates for enhanced security; and
5. Sufficient parking stalls to accommodate normal operations.
Planning Commission Action and Recommendation
On September 15, 2025, the Planning Commission adopted Planning Commission Resolution No. 25-71, which approved CDP No. 23-053 and CUP No. 23-005 to construct a new office building for the MCLE. Since the City Council is the deciding body for the requested FAR increase, the Planning Commission reviewed the proposal and public benefits associated with the project and issued a recommendation to the City Council to approve the FAR increase due to the significant public benefits provided by the project.
The requirement for obtaining the FAR increase was added as a condition of approval in Planning Commission Resolution No. 25-71.
CORRESPONDENCE: Since the publication of the notice of public hearing for this hearing, staff has not received correspondence regarding the proposed FAR increase. 4
Agenda Item # 5.B.
PUBLIC NOTICE: On November 13, 2025, staff published a Notice of Public Hearing in a newspaper of general circulation within the City of Malibu and mailed the notice to all property owners and occupants within a 650-foot radius of the subject property (Attachment 3).
ATTACHMENTS:
1. Resolution No. 25-60
2. Planning Commission Resolution No. 25-71
3. Notice of City Council Public Hearing
5 Attachment 1
RESOLUTION NO. 25-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
APPROVING AN INCREASE IN FLOOR AREA RATIO FROM 0.193 TO 0.195
FOR THE MALIBU COMMUNITY LABOR EXCHANGE PROJECT
CONDITIONALLY APPROVED BY THE PLANNING COMMISSION ON
SEPTEMBER 5, 2025 BY COASTAL DEVELOPMENT PERMIT NO. 23-053 AND CONDITIONAL USE PERMIT NO. 23-005 TO CONSTRUCT A 719
SQUARE FOOT OFFICE BUILDING FOR THE CONTINUED OPERAQTION
OF A LABOR DAY HIRING SITE OPERATED BY THE MALIBU
COMMUNITY LABOR EXHCHANGE, LOCATED IN THE LOS ANGELES
COUNTY CIVIC CENTER COMPLEX AT 23525 CIVIC CENTER WAY IN
THE INSTITUTIONAL ZONING DISTRICT
The City Council of the City of Malibu does hereby find, order and resolve as follows:
SECTION 1. Recitals.
A. On October 31, 2023, the Malibu Community Labor Exchange (MCLE) submitted an application for Coastal Development Permit (CDP) No. 23-053 and Conditional Use Permit (CUP) No. 23-005 for a new 719 square foot office building to be located on the northwest corner of the Los Angeles County Civic Center Complex at 23525 Civic Center Way in the Institutional zone to allow for the continued operation of a day labor hiring site. The application was routed to the City geotechnical consultant reviewers and City Public Works Department.
B. On November 29, 2023, the City of Malibu became the project applicant to expedite communication and delivery of required materials, thus accelerating the processing and construction timeline of the subject application while funds for construction remain available.
C. On July 7, 2025, Planning Division staff posted a Notice of Application at the subject site and conducted a site visit to assess the potential impact to scenic resources.
D. On August 21, 2025, Planning Division staff deemed the project complete.
E. On August 21, 2025, a Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Malibu and was mailed to all property owners and occupants within a 650-foot radius of the project site and to all interested parties.
F. On September 15, 2025, the Planning Commission held a duly noticed public hearing on the subject application, reviewed and considered the staff report, reviewed and considered written reports, public testimony, and other information in the record and adopted Planning Commission Resolution No. 25-71 approving the MCLE project including CDP No. 23- 053 and CUP No. 23-005, contingent upon the City Council approving an increased floor area ratio (FAR) from 0.193 to 0.195 to allow for an additional 719 square feet of building on the subject property.
G. On October 30, 2025, a Notice of City Council Public Hearing to consider the requested FAR increase for the MCLE project was published in a newspaper of general circulation within the City and was mailed to all property owners and occupants within a 650-foot radius of 6 Resolution No. 25-60
_____________________
the project site and to all interested parties.
SECTION 2. Environmental Review.
A Categorical Exemption under the California Environmental Quality Act (CEQA) was previously issued by the Planning Commission for the project on September 5, 2025 by Planning Commission Resolution No. 25-71. The project was found to be Categorically Exempt pursuant to CEQA Guidelines Sections 15303(c) – New Construction or Conversion of Small Structures. The proposed City Council action is consistent and within the scope of the project analyzed in the Planning Commission’s exemption. The proposed City Council action is not a separate “project” for CEQA purposes but is a subsequent discretionary approval related to a previously approved project. (CEQA Guidelines § 15378(c)) Accordingly, the proposed City Council action is merely a step-in furtherance of the project for which environmental review was performed, and no further environmental review is required.
SECTION 3. City Council Findings.
Pursuant to Local Coastal Program (LCP) Local Implementation Plan (LIP) Section 3.9(A)(3)(a) and corresponding LCP Land Use Plan (LUP), City Council may approve an increase in the maximum FAR for the subject property from 0.15, up to a maximum of 0.20.
Based upon substantial evidence in the record, including all written and oral testimony received at the September 15, 2025 Planning Commission meeting, the City Council approves an increase in the FAR of the subject property from 0.193 (existing) to 0.195 (proposed) to allow for the MCLE project approved by CDP No. 23-053 and CUP No. 23-011 to proceed. The increase in FAR is justified because of the additional significant public benefits and amenities that would be provided as part of the MCLE project:
1. The MCLE office building will serve the needs of the community by providing an improved location to coordinate day labor hiring opportunities. The MCLE is the only local organization that provides this service, which has been a community benefit since 1993.
2. The use is consistent with the goals, objectives, policies, and general land uses of the General Plan and the LCP. The use is located in an area designated by the General Plan Land Use Map, the Zoning Map and Land Use Map as Institutional. As a philanthropic use, the MCLE project will complement the other public and quasi-public uses existing on the subject property and in the vicinity, including the newly constructed Santa Monica College-Malibu Campus and Sheriff’s Substation, the public library, and County government offices, as well as offsite uses including Legacy Park and City Hall. The MCLE building will provide a permanent location for the MCLE to operate, with dedicated restroom facilities, and replace the existing temporary trailer that has been in operation for the last 32 years.
3. The MCLE project includes aesthetic improvements, including a new trash enclosure and decorative landscaping that will replace hardscaping and exposed trash cans. These improvements will help maintain an aesthetic standard for the property, which is highly visible 7 Resolution No. 25-60
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given its proximity to the Santa Monica College-Malibu Campus, Civic Center Way, and other public and quasi-public buildings onsite.
4. The MCLE project includes security improvements, including new vehicular gates and new perimeter fencing around the lease area to help separate the MCLE use from adjacent governmental and educational uses.
5. The MCLE project provides sufficient parking to accommodate normal MCLE operations and restores parking back to the college. The MCLE currently operates from a temporary office trailer within a leased area on land associated with the college, occupying parking stalls along the western boundary that would otherwise be used as additional parking for the college. Existing parking for the MCLE is also located within the leased area for college and as a result, MCLE parking currently competes with the college for nearby parking stalls. Relocation of MCLE operations to the northwest area of the property is expected to free up between 4 and 8 parking stalls within the leased area for the college, following construction of the new office building and removal of the temporary office trailer.
SECTION 4. City Council Action.
Based on the record as a whole, the City Council does hereby approve the increase in FAR to 0.195 for the MCLE project approved by Planning Commission Resolution No. 25-71, which approved CDP No. 23-053 and CUP No. 23-005, subject to the authorization of an FAR increase.
SECTION 5. Certification.
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 December 2025. _____________________________
MARIANNE RIGGINS, Mayor
ATTEST:
___________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________
TREVOR RUSIN, City Attorney
8 Resolution No. 25-60
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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 M.M.C. and Code of Civil Procedure. Any person wishing to challenge the above action in Superior Court may be limited to raising only those issues they or someone else raised at the public hearing, or in written correspondence delivered to the City of Malibu at or prior to the public hearing. 9 CITY OF MALIBU PLANNING COMMISSION
RESOLUTION NO. 25-71
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MALIBU DETERMINING THE PROJECT IS CATEGORICALLY EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND
APPROVING COASTAL DEVELOPMENT PERMIT NO. 23-053 FOR A NEW 719 SQUARE FOOT OFFICE BUILDING TO ALLOW FOR THE
CONTINUED OPERATION OF A DAY LABOR HIRING SITE OPERATED
BY THE MALIBU COMMUNITY LABOR EXCHANGE, INCLUDING
CONDITIONAL USE PERMIT NO. 23-005 FOR A PHILANTHROPIC USE
AND RECOMMENDING THAT THE CITY COUNCIL APPROVE AN
INCREASE IN FLOOR AREA RATIO FROM .193 TO .195 IN THE
INSTITUTIONAL ZONING DISTRICT, LOCATED AT 23525 CIVIC
CENTER WAY (COUNTY OF LOS ANGELES)
THE PLANNING COMMISSION OF THE CITY OF MALIBU DOES HEREBY FIND, ORDER AND RESOLVE AS FOLLOWS:
SECTION 1. Recitals.
A. On October 31, 2023, the Malibu Community Labor Exchange (MCLE) submitted an application for Coastal Development Permit (CDP) No. 23-053 and Conditional Use Permit (CUP) No. 23-005 for a new 719 square foot office building to allow for the continued operation of a day labor hiring site. The application was routed to the City geotechnical consultant reviewers and City Public Works Department.
B. On November 29, 2023, the City of Malibu became the project applicant to expedite communication and delivery of required materials, thus accelerating the processing and construction timeline of the subject application while funds for construction remain available.
C. On July 7, 2025, Planning Division staff posted a Notice of Application at the subject site and conducted a site visit to assess the potential impact to scenic resources.
D. On August 21, 2025, Planning Division staff deemed the project complete.
E. On August 21, 2025, a Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Malibu and was mailed to all property owners and occupants within a 650 foot radius of the project site and to all interested parties.
F. On September 15, 2025, the Planning Commission held a duly noticed public hearing on the subject application, reviewed and considered the staff report, reviewed and considered written reports, public testimony, and other information in the record.
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Resolution No. 25-71
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SECTION 2. Environmental Review.
Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), the Planning Commission has analyzed the proposed project. The Planning Commission has found that this project 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 according to CEQA Guidelines Section 15303(c) - New Construction or Conversion of Small Structures. The Planning Commission has further determined that none of the six exceptions to the use of a categorical exemption applies to this project (CEQA Guidelines Section 15300.2).
SECTION 3. Coastal Development Permit and Malibu Municipal Code Findings.
Based on evidence contained within the record, including the agenda report for the project and the hearing on September 15, 2025, and pursuant to the Local Implementation Plan (LIP), including Sections 13.7(B) and 13.9, and the Malibu Municipal Code (MMC), the Planning Commission adopts the findings of fact, and approves CDP No. 23-053 for a new 719 square foot office building to allow for the continued operation of a day labor hiring site operated by the MCLE, including CUP No. 23- 005 for a philanthropic use and recommends that the City Council approve an increase in floor area ration (FAR) from .193 to .195 in the Institutional (I) zoning district at 23525 Civic Center Way.
The project is consistent with the Local Coastal Programs (LCP’s) zoning, grading, cultural resources, water quality, and wastewater treatment requirements. With the inclusion of the proposed CUP, the project, as conditioned, has been determined to be consistent with all applicable LCP codes, standards, goals, and policies. The required findings are made herein.
A. General Coastal Development Permit (LIP Chapter 13)
1. The proposed project is located in an area designated by the LCP as I. Philanthropic uses, such as the proposed MCLE office building, are allowed with a CUP. The project has been reviewed by the Planning Division, City geotechnical consultant reviewers, and the City Public Works Department for conformance with the LCP. Based on the submitted project plans, visual demonstration exhibits, and recommended conditions, the proposed project conforms to the LCP in that it meets all applicable codes and other standards
2. The project is the least environmentally damaging feasible alternative. There is no evidence that an alternative project would substantially lessen any potential significant adverse impacts of the development on the environment.
B. Scenic, Visual and Hillside Resource Protection (LIP Chapter 6)
1. The proposed development will be visible from select segments of Malibu Canyon Road and Pacific Coast Highway (PCH). These visible segments include the southeast-facing canyon view from Malibu Canyon Road, immediately east Malibu Pacific Church, and the northeast facing view from PCH, immediately north of the Ralph’s shopping center and south of the Malibu Canyon Village condominium complex. The proposed development meets the goals of Land Use Policy 6.20 by incorporating a low-profile roofline to reduce the bulk of the building and meets the height limit of 11 Resolution No. 25-71
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the I zone. This design maintains views of the Santa Monica Mountains from all potentially visible locations within the vicinity. The project, as proposed, will have no significant adverse scenic or visual impacts due to the design or location of buildings and/or improvements on the site.
2. The project has been conditioned to include limitations on lighting and colors of the materials used to prevent any visual impacts to scenic areas.
3. As discussed in Section A, the project, as proposed and conditioned, is the least environmentally damaging alternative.
4. No significant adverse impacts on scenic and visual resources are anticipated as a result of the current project design. With the incorporation of the conditions of approval detailed in Finding 2, the project would have less than significant impacts.
5. The project would not result in any adverse scenic or visual impacts. As discussed in Section A, the alternatives evaluated proved infeasible because it either did not meet the project objective or it did not meet seismic design standards required by the California Building Code. The proposed development location is the least environmentally damaging alternative.
C. Hazards (LIP Chapter 9)
1. The applicant submitted reports and addendums by GeoLabs Westlake Village. These reports are on file at City Hall. The reports evaluate site specific conditions and recommendations are provided to address any pertinent issues. Potential hazards analyzed include geologic, seismic and fault rupture, liquefaction, landslide, groundwater, tsunami, and flood and fire hazards. It has been determined that the project is not located in a hazard zone, except that the project site is located within a very High Fire Hazard Severity Zone. Based on City Public Works Department and City geotechnical consultant reviewers’ review of the project plans and associated geotechnical reports, these specialists determined that adverse impacts to the project site related to the proposed development are not expected. The proposed project will neither be subject to nor increase the instability from geologic, flood, or fire hazards. In summary, the proposed development is suitable for the intended use provided that the certified engineering geologist and/or geotechnical engineer’s recommendations and governing agency’s building codes are followed. A condition is included in Section 5 of this resolution that requires the property owner to indemnify and hold harmless the City, its officers, agents, and employees against any and all claims, demands, damages, costs, and expenses of liability arising out of the acquisition, design, construction, operation, maintenance, existence, or failure of the permitted project in an area where an extraordinary potential for damage or destruction from wildfire exists as an inherent risk to life and property.
2. The proposed project, as designed, conditioned, and approved by the applicable departments and agencies, will not have any significant adverse impacts on the site stability or structural integrity from geologic, flood, or fire hazards due to project modifications, landscaping, or other conditions.
3. The proposed project, as designed and conditioned, is the least environmentally damaging alternative.
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4. The Planning Division, City Public Works Department, and City geotechnical consultant reviewers analyzed the proposed development for the hazards listed in LIP Chapter 9 found that the proposed project does not impact site stability or structural integrity. There are no feasible alternatives to development that simultaneously achieve the project objective and meet the seismic design standards required by the California Building Code.
5. The proposed project, as designed and conditioned, will not have adverse impacts to sensitive resources.
D. Conditional Use Permit for Philanthropic Use (MMC Section 17.66.080)
1. The operation of a philanthropic use is a conditionally permitted use in the I zone pursuant to MMC Section 17.34.030(P) and LIP Table B (Permitted Uses). The project has been designed and conditioned to comply with all applicable provisions of the MMC and LIP.
2. The I land use designation accommodates public and quasi-public facilities in the City, which includes educational, cultural, and governmental facilities. The proposed philanthropic use is consistent with the permissible uses in the Institutional zone. Additionally, the MCLE has operated onsite for over thirty years, during which time it has proven it can coexist with and be complementary to the other public and quasi-public uses onsite, including the recently constructed college and Sheriff’s substation, the renovated public library, and County government offices. The proposed project will redevelop underutilized portions of the Civic Center area with a dedicated office facility for the MCLE that will enhance the integrity and character of the I zoning district.
3. The proposed project has been reviewed by the City Public Works Department and City geotechnical staff. Construction of the proposed project will comply with all building and safety code requirements and will incorporate all recommendations from applicable City, County and state agencies. Final occupancy for this project will not be issued until all onsite sewer connections to the new sewer laterals are completed. The site has been deemed physically suitable for the proposed development.
4. The proposed development is entirely within the I land use designation, on a property that has housed public and quasi- public facilities since pre-Cityhood. The proposed use will also be compatible with the surrounding commercial land uses and nearby residential areas shown on the City’s adopted zoning map.
5. The proposed use is compatible with existing and future land uses in the I zoning district and the City as a whole.
6. Adequate provisions for water, sanitation, and public utilities and services are provided in the project scope.
7. The proposed project has adequate public access. The project site takes access from a public street, Civic Center Way, and includes new gated access on the southern and eastern portions of 13 Resolution No. 25-71
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the leased area. Additionally, the proposed project provides adequate onsite parking and general access from the south and east.
8. A philanthropic use is a conditionally permitted commercial use in the I zoning district.
The proposed project will not change the nature of the existing conditionally permitted use. The proposed project is consistent with the following land use (LU) policies of the General Plan:
LU Policy 4.1.2: The City shall encourage redesign and adaptive reuse of existing structures.
LU Policy 4.3.2: The City shall require buildings within the Civic Center Area to reflect (a) the uniqueness of this location as the City's town center, (b) its close proximity to the beach and ocean, and (c) a "community village" character with small-scale, low-rise buildings. Development in the Civic Center will be guided by those policies and implementation measures in the Plan that are generally applicable to commercial development.
LU Policy 4.4.1: The City shall encourage establishment and continued operation of small neighborhood and community serving businesses.
Therefore, the proposed project, as conditioned, is consistent with the goals, objectives and policies of the General Plan.
9. The project will comply with all applicable requirements of State and local law including, but not limited to, provisions of the California Building Code and Uniform Fire Code, and all applicable regulations and standards promulgated or imposed by any State or Federal agency.
10. The proposed project is not anticipated to be detrimental to the public interest, health, safety, convenience, or welfare.
11. The proposed development is not anticipated to be at risk from earth movement, flooding, landslide, slippage or settlement.
SECTION 4. Planning Commission Recommendation to City Council on .20 FAR Pursuant to LIP Section 3.9(A)(3)(a), additional gross floor area may be approved by the City Council, up to the maximum allowed for the parcel under the LUP, where additional significant public benefits and amenities are provided as part of the project. Based on the following significant public benefits and amenities provided as part of the project, the Planning Commission recommends that the City Council approve the .195 FAR proposed for the project and allowed in the I zone by the LUP:
a. Formally approving the philanthropic operations of the MCLE, which has operated onsite for over thirty years, and continues to serve the community by coordinating day laborer opportunities;
b. Upgrading the MCLE office from an aging, mobile office trailer to a modern facility with a permanent foundation, an onsite bathroom, a trash enclosure, and decorative landscaping to maintain site aesthetics;
14 Resolution No. 25-71
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c. New vehicular gates for enhanced security; and
d. Sufficient parking stalls to accommodate normal MCLE operations.
SECTION 5. Planning Commission Approval.
Based on the foregoing findings and evidence contained within the record, the Planning Commission hereby approves CDP No. 23-053 and CUP No. 23-005, subject to the following conditions of approval.
SECTION 6. Conditions of Approval.
1. 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.
2. The approved scope of work includes the construction of a new single-story, 719 square foot office facility for the MCLE and various site improvements, as described below:
a. Construction:
i. A new single-story, 719-square foot office building, with a maximum height of 15 feet, 9 inches, for a proposed floor area ratio of .195;
1. Onsite restroom, with plumbing connections to the Civic Center Wastewater Treatment Facility (CCWTF)
ii. A new trash enclosure;
iii. Decorative landscaping;
iv. Repave existing hardscaping;
v. Two, new rolling gates;
b. Removal:
i. One overhead street light; and
ii. Existing MCLE mobile (temporary) office trailer, which is currently occupying five parking stalls in the college leased area.
3. Except as specifically changed by conditions of approval, the proposed development shall be constructed in substantial conformance with the approved scope of work, as described in Condition No. 2 and depicted in plans on file with the Planning Division date-stamped December 14, 2024.
The project shall comply with all conditions of approval stipulated in the department review sheets attached to the agenda report for this project. In the event the project plans conflict with any condition of approval, the condition shall take precedence.
4. This CDP and CUP shall not be effective until all appeals are exhausted and the property owner, applicant and the business operator execute the Affidavit of the Acceptance of Conditions. Said 15 Resolution No. 25-71
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documents shall be recorded with the Los Angeles County Recorder and a certified copy of said recordation shall be filed with the Planning Division within 10 days of the effective date of the approval.
5. The applicant shall digitally submit a complete set of plans to the Planning Division for consistency review and approval prior to plan check and again prior to the issuance of any building or development permits.
6. The CDP shall expire if the project has not commenced within three (3) years after issuance of the permit, unless a time extension has been granted. Extension of the permit may be granted by the approving authority for due cause. Extensions shall be requested in writing by the applicant or authorized agent prior to expiration of the three-year period and shall set forth the reasons for the request. In the event of an appeal, the CDP shall expire if the project has not commenced within three years from the date the appeal is decided by the decision-making body or withdrawn by the appellant.
7. Any questions of intent or interpretation of any condition of approval will be resolved by the Community Development Department Director upon written request of such interpretation.
8. All development shall conform to requirements of the City geotechnical consultant reviewers, City Public Works Department, and any other responsible or trustee agency as applicable.
Notwithstanding this review, all required permits shall be secured.
9. Minor changes to the approved plans or the conditions of approval may be approved by the Community Development Department Director, provided such changes achieve substantially the same results and the project is still in compliance with the MMC and the LCP. Revised plans reflecting the minor changes and additional fees shall be required.
10. Pursuant to LIP Section 13.20, development pursuant to an approved CDP shall not commence until the CDP is effective. The CDP is not effective until all appeals have been exhausted.
11. The property owner must submit payment for all outstanding fees payable to the City prior to issuance of any building permit, including grading or demolition.
Special Conditions
12. This permit shall not become effective until the City Council approves the additional gross floor area (FAR of .195) beyond the maximum FAR of .15 pursuant to LIP Section 3.9(A)(3)(a) for significant public benefits.
13. The regular hours of operation for the MCLE will remain 7:00 a.m. to 1:00 p.m., Monday through Saturday.
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14. Noise emanating from the premises shall not be audible at a distance of five feet of any residential unit between the hours of 10:00 p.m. and 7:00 a.m., as required by MMC Section
8.24.050(L).
Cultural Resources
15. In the event that potentially important cultural resources are found in the course of geologic testing or during construction, work shall immediately cease until a qualified archaeologist can provide an evaluation of the nature and significance of the resources and until the Community Development Department Director can review this information. Thereafter, the procedures contained in LIP Chapter 11 and those in M.M.C Section 17.54.040(D)(4)(b) shall be followed.
16. If human bone is discovered during geologic testing or during construction, work shall immediately cease and the procedures described in Section 7050.5 of the California Health and Safety Code shall be followed. Section 7050.5 requires notification of the coroner. If the coroner determines that the remains are those of a Native American, the applicant shall notify the Native American Heritage Commission by phone within 24 hours. Following notification of the Native American Heritage Commission, the procedures described in Section 5097.94 and Section 5097.98 of the California Public Resources Code shall be followed.
Construction and Demolition
17. Construction hours shall be limited to Monday through Friday from 7:00 a.m. to 7:00 p.m. and Saturdays from 8:00 a.m. to 5:00 p.m. No construction activities shall be permitted on Sundays or City-designated holidays.
18. The City Manager may grant an exemption to extend construction hours pursuant to MMC Section 8.24.060(D) upon written request by the applicant. Such request shall include a notification package in a format specified by the City for notifying by mail all property owners and occupants within a 500-foot radius of the project site. The request shall be submitted three weeks in advance of the proposed activity to allow notice to be mailed to property owners at least two weeks in advance of the proposed activity.
19. Construction management techniques, including minimizing the amount of equipment used simultaneously and increasing the distance between emission sources, shall be employed as feasible and appropriate. All trucks leaving the construction site shall adhere to the California Vehicle Code. In addition, construction vehicles shall be covered when necessary; and their tires will be rinsed off prior to leaving the property.
20. When framing is complete, a site survey shall be prepared by a licensed civil engineer or architect that states the finished ground level elevation and the highest roof member elevation.
Prior to the commencement of further construction activities, said document shall be submitted to the Community Development Department for review and sign off on framing.
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21. For the transportation of heavy construction equipment and/or material, which requires the use of oversized-transport vehicles on State highways, the applicant / property owner is required to obtain a transportation permit from the California Department of Transportation.
Colors and Materials
22. The project is visible from scenic roads or public viewing areas, therefore, shall incorporate colors and exterior materials that are compatible with the surrounding landscape. a. Acceptable colors shall be limited to colors compatible with the surrounding environment (earth tones) including shades of green, brown and gray, with no white or light shades and no bright tones. Colors shall be reviewed and approved by the Community Development Director and clearly indicated on the building plans. b. The use of highly reflective materials shall be prohibited except for solar energy panels or cells, which shall be placed to minimize significant adverse impacts to public views to the maximum extent feasible.
c. All windows shall be comprised of anti-glare glass.
Lighting
23. No outdoor lighting is proposed, therefore, none is approved.
24. Night lighting from exterior and interior sources shall be minimized to that necessary for public safety.
Landscaping
25. Except as permitted pursuant to the provisions in LUP policies 3.18 and 3.20, throughout the City of Malibu, development that involves the use of pesticides, including insecticides, herbicides, rodenticides or any other similar toxic chemical substances, shall be prohibited in cases where the application of such substances would have the potential to significantly degrade Environmentally Sensitive Habitat Areas or coastal water quality or harm wildlife. Herbicides may be used for the eradication of invasive plant species or habitat restoration, but only if the use of non-chemical methods for prevention and management such as physical, mechanical, cultural, and biological controls are infeasible. Herbicides shall be restricted to the least toxic product and method, and to the maximum extent feasible, shall be biodegradable, derived from natural sources, and used for a limited time.
26. Invasive plant species, as determined by the City of Malibu, are prohibited.
27. The use of wood chips and shredded rubber is prohibited anywhere on the site. Flammable mulch material, including shredded bark, pine needles, and artificial turf, are prohibited between zero and five feet of a structure. Non-continuous use of flammable mulch (excluding wood chips and shredded rubber) is allowed between 5 and 30 feet from the eave/overhang of
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a structure with limited application areas. Any mulch materials (excluding wood chips and shredded rubber) are allowed 30 feet or more from a structure with no limitation on application area.
Geology
28. All recommendations of the consulting certified engineering geologist or geotechnical engineer and/or the City geotechnical consultant reviewers shall be incorporated into all final design and construction including foundations, grading, sewage disposal, and drainage. Final plans shall be reviewed and approved by the City geotechnical consultant reviewers prior to the issuance of a grading permit.
29. Final plans approved by the City geotechnical consultant reviewers shall be in substantial conformance with the approved CDP relative to construction, grading, sewage disposal, and drainage. Any substantial changes may require a CDP amendment or a new CDP.
Wastewater
30. Pursuant to LIP Section 18.10(C), all new development in the Prohibition Area of the CCWTF is required to install all necessary plumbing and other improvements to allow the development to connect to reclaimed water lines when they are available and make the maximum feasible use of reclaimed water.
Public Works
31. A Storm Water Pollution Prevention Plan shall be provided prior to the issuance of the Grading/Building permits for the project. This plan shall include an Erosion and Sediment Control Plan (ESCP) that includes, but not limited to:
Erosion Controls Scheduling Erosion Controls Scheduling Preservation of Existing Vegetation
Sediment Controls
Silt Fence
Sand Bag Barrier
Stabilized Construction Entrance
Non-Storm Water Management Water Conservation Practices Dewatering Operations
Waste Management Material Delivery and Storage
Stockpile Management
Spill Prevention and Control
Solid Waste Management
Concrete Waste Management
Sanitary/Septic Waste Management
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All Best Management Practices (BMP) shall be in accordance to the latest version of the California Stormwater Quality Association (CASQA) BMP Handbook. Designated areas for the storage of construction materials, solid waste management, and portable toilets must not disrupt drainage patterns or subject the material to erosion by site runoff.
32. Applicant shall demonstrate compliance with the City’s Sewer Allocation process known as the Transfer Property policy, as outlined in City Council Staff Report dated July 9, 2024 (Resolution No. 24-38).
Deed Restrictions
33. The property owner is required to execute and record a deed restriction which shall indemnify and hold harmless the City, its officers, agents, and employees against any and all claims, demands, damages, costs and expenses of liability arising out of the acquisition, design, construction, operation, maintenance, existence or failure of the permitted project in an area where an extraordinary potential for damage or destruction from wildfire exists as an inherent risk to life and property. The property owner shall provide a copy of the recorded document to the Planning Division prior to final planning approval.
34. Pursuant to MMC Section 17.66.100(A), no conditional use permit (this resolution) shall be effective for any purpose until the applicant and property owner execute an affidavit provided by the city declaring that the parties are aware of and accept any conditions that have been imposed upon the permit, and the property owner records that affidavit with the county recorder.
Prior to Occupancy
35. Prior to issuance of a certificate of occupancy, the applicant shall request a final Planning inspection for verification of compliance with all conditions of approval of this resolution.
Fixed Conditions
36. This CDP shall run with the land and bind all future owners of the property.
37. This CUP is valid and in effect, and granted pursuant to the provisions of the MMC, shall run with the land and continue to be valid upon change of ownership of the land or lawfully existing structure.
38. The conditions under which this CUP was approved may be modified by the City without the consent of the property owner, tenant or operator if the Planning Commission finds that the use is creating a nuisance.
39. If it has cause to believe that grounds for revocation or modification may exist, the Planning Commission shall hold a public hearing upon the question of modification or revocation of this CUP pursuant to MMC Section 17.66.100(C). The CUP may be revoked if the Planning Commission finds that one or more of the following conditions exists:
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a. The conditional use permit was obtained in a fraudulent manner. b. The use for which the CUP was granted has ceased or was suspended for at least six successive calendar months from the date operation of the use commenced. c. One or more of the conditions found within this resolution have not been substantially met.
40. Violation of any of the conditions of this approval may be cause for revocation of this permit and termination of all rights granted there under.
SECTION 7. The Planning Commission shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 15th day of September 2025. ____________________________________________
DREW LEONARD, Planning Commission Chair
ATTEST:
______________________________________________
REBECCA EVANS, Recording Secretary
LOCAL APPEAL - Pursuant to Local Coastal Program Local Implementation Plan (LIP) Section
13.20.1 (Local Appeals) a decision made by the Planning Commission may be appealed to the City Council by an aggrieved person by written statement setting forth the grounds for appeal. An appeal shall be filed with the City Clerk within 10 days and shall be accompanied by an appeal form and filing fee, as specified by the City Council. Appeal forms may be found online at www.malibucity.org, in person at City Hall, or by calling (310) 456-2489, ext. 246.
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 MMC and Code of Civil Procedure. Any person wishing to challenge the above action in Superior Court may be limited to raising only those issues they or someone else raised at the public hearing, or in written correspondence delivered to the City of Malibu at or prior to the public hearing.
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I CERTIFY THAT THE FOREGOING RESOLUTION NO. 25-71 was passed and adopted by the Planning Commission of the City of Malibu at the regular meeting thereof held on the 15th day of September 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________________________
REBECCA EVANS, Recording Secretary
22 NOTICE OF PUBLIC HEARING
CITY OF MALIBU
CITY COUNCIL
The Malibu City Council will hold public hearing on MONDAY, November 24, 2025, at 6:30 p.m. in the Council Chambers, Malibu City Hall, located at 23825 Stuart Ranch Road, Malibu, CA.
Public comment can be submitted ahead of the public hearing to [email protected] for inclusion in the public record. To view and participate during the public hearing, please review the meeting agenda posted at MalibuCity.org/AgendaCenter and follow the directions for public participation.
MALIBU COMMUNITY LABOR EXCHANGE
Floor Area Ratio Increase Request - A request to increase the property’s floor-area-ratio (FAR), from 0.193 to 0.195, for the significant public benefits provided by the project conditionally approved by Coastal Development Permit No. 23-053 and Conditional Use Permit No. 23-005 for constructing a 719 square foot standalone office building for the continued operation of a day labor hiring site operated by the Malibu Community Labor Exchange On April 11, 2016, the City Council adopted Resolution No. 16-13, which approved the MalibuSanta Monica College campus. As part of this approval, any modification to the floor-area-ratio requires approval from the City Council. As such, this FAR is before the City Council for its consideration.
Location: 23525 Civic Center Way
APN: 4458-022-906
Zoning: Institutional (I)
Applicant: City of Malibu
Owner: Los Angeles County
Environmental Review: Categorical Exemption CEQA Guidelines Section 15303 (c) Application Filed: October 31, 2023
Case Planner: Fletcher Allen, Associate Planner
(310) 456-2489, extension 233
[email protected]
Pursuant to the authority and criteria contained in CEQA, the Community Development Department has analyzed the proposed project. The Community Development Department found that this project 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 pursuant to Sections 15303 (c) – New Construction. The Community Development Department 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 3
23 IF YOU CHALLENGE THE CITY COUNCIL’S ACTION IN COURT, YOU MAY BE LIMITED TO
RAISING ONLY THOSE ISSUES RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS
NOTICE, OR OTHERWISE HELD BY THE CITY, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY, EITHER AT OR PRIOR TO THE PUBLIC HEARING.
If there are any questions regarding this notice, please contact Fletcher Allen at (310) 456- 2489, ext. 233.
Yolanda Bundy, Community Development Director
Publish Date: October 30, 2025
24
Agenda Item # 6.A.
Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Richard Rojas, Deputy City Manager
Approved by: Candace Bond, Interim City Manager
Date prepared: November 13, 2025 Meeting date: December 8, 2025 Subject: Request to Re-Establish a Temporary Volunteer Fire Rebuild Ambassador (Continued from November 24, 2025)
RECOMMENDED ACTION: Discuss and provide direction regarding the request to reestablish a Temporary Volunteer Fire Rebuild Ambassador.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
DISCUSSION: At the October 27, 2025, City Council meeting, the Council directed staff to return with a discussion to re-establish a Temporary Volunteer Fire Rebuild Ambassador.
On May 21, 2025, the City Council adopted resolution no. 25-24, establishing Abe Roy as the temporary volunteer position of Rebuild Ambassador for a three-month term. On September 29, 2025, Abe Roy resigned from the volunteer position.
Beginning in October, staff began to engage with Rebuild Zone Captains to collect neighborhood specific insights and strengthen homeowner representation throughout the rebuilding process. These captains serve as a bridge between fire-impacted property owners and the city, improving access to resources and enabling direct feedback. Staff meets with the Rebuild Captains on a weekly basis.
As of November 13, 2025, 16 building permits for single-family homes have been issued within the Palisades burn area.
ATTACHMENTS: None.
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Agenda Item # 6.B.
Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Cynthia Alba, Senior Management Analyst
Reviewed by: Richard Rojas, Deputy City Manager
Approved by: Candace Bond, Interim City Manager
Date prepared: November 19, 2025 Meeting date: December 08, 2025 Subject: Receive and File Update on Malibu’s Community Lands RECOMMENDED ACTION: Receive and file an update on Malibu’s Community Lands, and provide direction to staff as appropriate.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
STRATEGIC PLAN IMPLEMENTATION: This item supports the City’s 2025 Strategic Plan Goal 7: Explore New Opportunities for Educational, Cultural and Recreational Establishments
DISCUSSION: The Malibu Community Lands Project was established to determine the most appropriate use of 61 acres of city-owned vacant land. This community driven initiative has engaged residents through a variety of outreach methods to ensure the project aligns with Malibu’s vision and mission statement. On February 12, 2024, the City of Malibu entered into an agreement with Tripepi Smith & Associates, for Community Outreach and Engagement Consulting for City Owned Vacant Lots.
On October 28, 2024 the City Council received and filed the Community Lands Outreach and Engagement Report. Based on the input received throughout the program, the City Council authorized staff to begin a phased approach for developing the lands, prioritizing community needs. Per City Council recommendation, the approved next steps include:
Heathercliff and Ioki (Chili Cook-Off Lot) Lots: The City will explore options for new soccer, baseball and softball fields as well as a multigenerational community center, including a pool, gymnasium, senior center and expanded library services.
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Agenda Item # 6.B.
Triangle and Trancas lots: The Council has not set direction for these lands at this time.
La Paz Lot: The Council tasked staff and the Malibu Arts Commission in preparing a draft design recommendation of the La Paz Performing Arts Center in partnership with Cross Creek Ranch Malibu, LLC not to exceed $10,000 in planning services.
As part of this item, staff will present current updates and the status of each of the Community Lands sites, outlining progress made since Council’s previous direction.
ATTACHMENTS: None.
Agenda Item # 7.A.
Council Agenda Report
To: Mayor Riggins and Honorable Members of the City Council Prepared by: Tyler Eaton, Assistant Community Development Director Reviewed by: Yolanda Bundy, Community Development Director Approved by: Candace Bond, Interim City Manager
Trevor Rusin, Interim City Attorney
Date prepared: November 14, 2025 Meeting date: December 8, 2025 Subject: Amendment to the Malibu Local Coastal Program and Malibu Municipal Code Title 17 (Zoning) Modifying Standards Related to Beachfront Total Development Square Footage and Establishing a Beachfront Definition (Continued from November 24, 2025)
RECOMMENDED ACTION: 1) Adopt Resolution No. 25-56 initiating amendments to the Local Coastal Program (LCP) and Title 17 (Zoning) of the Malibu Municipal Code (MMC) modifying standards related to beachfront total development square footage (TDSF), clarifying the definition of beachfront lots, and addressing related issues; 2) Direct staff to schedule a meeting with the Zoning Ordinance Revisions and Code Enforcement Subcommittee (ZORACES); and 3) Direct the Planning Commission to schedule a public hearing regarding the same following the ZORACES recommendation.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
STRATEGIC PRIORITY: This item was not included in the Adopted FY 2024-25 Strategic Priority Project List. At the Council’s direction, this project can be brought back at a future Strategic Planning meeting for prioritization.
DISCUSSION: Pursuant to LCP Local Implementation Plan Section19.2.1(A) and MMC Section 17.74.040, a change in the text of the Malibu LCP or the Zoning Ordinance (MMC Title 17) must be initiated by the Council through a resolution of intention. The resolution gives notice that the Council will consider changes to the code and directs the Planning Commission to hold a public hearing, which is also required by the MMC and LCP, to make a recommendation.
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Agenda Item # 7.A.
The Council is limited to the issues reasonably within the scope of the notice. In this resolution, the City Council is announcing its intent to consider changes to MMC Title 17 and to the LCP to modify standards related to beachfront TDSF, clarifying the definition of beachfront lots within the LCP and MMC, and addressing related issues.
The City Council directed staff to bring forth a resolution initiating amendments to the LCP and MMC related to beachfront properties and TDSF. The initiated amendments will consider limits on TDSF for beachfront properties, and bring forth proposed changes to the LCP and MMC addressing the development standards for these properties. The issues raised by the Council were mainly regarding beachfront lots that would be merged with multiple adjacent lots, creating much larger lots that would not be subject to any square footage limitations. There was no discussion that a potential TDSF limit on beachfront lots would impact fire rebuild properties nor generally average to smaller beachfront lots.
STAFF FOLLOW-UP: If approved, staff will prepare a staff report and proposed ordinance, including any environmental review required, schedule a meeting for ZORACES, and notice the matter for public hearing before the Planning Commission following a recommendation from ZORACES.
ATTACHMENT: Resolution No. 25-56
2 Attachment 1
RESOLUTION NO. 25-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
INITIATING AMENDMENTS TO THE LOCAL COASTAL PROGRAM AND
TITLE 17 (ZONING) OF THE MALIBU MUNICIPAL CODE TO MODIFY
STANDARDS RELATED TO BEACHFRONT TOTAL DEVELOPMENT
SQUARE FOOTAGE, CLARIFYING THE DEFINITION OF BEACHFRONT
LOTS, AND ADDRESSING RELATED ISSUES
The City Council of the City of Malibu does hereby find, order and resolve as follows:
SECTION 1. Recitals.
A. On January 7, 2025, the Palisades Fire impacted over 700 structures in Malibu, including over 300 beachfront properties, leaving residents with an urgent need to rebuild. The Governor of California has declared the event a State of Emergency and the President of the United States has declared the event a Federal Emergency.
B. In the interest of facilitating the timely recovery and reconstruction of the more than 300 beachfront properties damaged or destroyed by the Palisades Fire, and in recognition of the need to provide clear, consistent standards for rebuilding, these amendments are necessary to remove regulatory ambiguity and support the community’s long-term recovery.
SECTION 2. Initiation.
Pursuant to Local Coastal Program (LCP) Local Implementation Plan (LIP) Chapter 19 and Malibu Municipal Code (MMC) Chapter 17.74, the City Council hereby initiates amendments to the LCP and Title 17 (Zoning) of the MMC to modify standards related to beachfront total development square footage (TDSF), clarify the definition of beachfront lots, and addressing related issues and directs staff to issue a Notice of Availability consistent with LIP section 19.3.1.
SECTION 3. ZORACES.
The Zoning Ordinance Revisions and Code Enforcement Subcommittee is hereby directed to conduct a meeting on the subject of beachfront TDSF, clarifying the definition of beachfront lots, and addressing related issues. Following the meeting, ZORACES shall recommend to the Planning Commission whether it should approve, modify or deny the proposed amendments. The ZORACES recommendation shall be written and distributed to the Planning Commission and City Council.
SECTION 4. Planning Commission Hearing.
The Planning Commission is hereby directed to conduct a duly noticed public hearing in accordance with the provisions of LIP Chapter 19 and MMC Chapter 17.74. Following the public hearing, the Planning Commission shall recommend to the City Council whether it should approve, modify or deny the proposed amendment. The Planning Commission's recommendation shall be made by resolution carried by the affirmative vote of not less than the majority of the entire Planning Commission.
3 Resolution No 25-56
______________________
SECTION 5. The City Council hereby initiates code amendments to modify standards related to beachfront total development square footage (TDSF), clarify the definition of beachfront lots, and addressing related issues.
SECTION 6. This Resolution shall become effective immediately upon its passage and adoption.
SECTION 7. 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 __th day of ____ 2025. _____________________________
MARIANNE RIGGINS, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
4
Agenda Item # 7.B.
Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Christine Wood, Deputy City Attorney
Approved by: Candace Bond, Interim City Manager
Trevor Rusin, Interim City Attorney
Date prepared: November 26, 2025 Meeting date: December 8, 2025 Subject: School Separation Package (Negotiated Agreements with Santa Monica-Malibu Unified School District)
RECOMMENDED ACTION: Authorize City Manager to execute the three agreements that have been negotiated with the Santa Monica-Malibu Unified School District (SMMUSD) that set forth the financial framework for an independent Malibu Unified School District (MUSD).
FISCAL IMPACT: There is no fiscal impact to the City associated with the recommended action.
STRATEGIC PLAN IMPLEMENTATION: This item supports the City’s 2025 Strategic Plan to pursue the formation of an independent Malibu Unified School District.
DISCUSSION: In 2017, the City of Malibu submitted a petition to the Los Angeles County Committee on School District Organization to separate the SM-MUSD into two school districts. The petition was put on hold in 2018 and again in 2022 pending negotiations between the City of Malibu, representing the interests of the future MUSD, and SM-MUSD, representing the interests of the future Santa Monica Unified School District (SMUSD).
The City of Malibu and SM-MUSD have been in mediation since February 2022. During the mediation, both parties agreed to the following Guiding Principles:
• The formation of two independent school districts, MUSD and SMUSD, is in the best interests of all students; and
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Agenda Item # 7.B.
• Both successor educational entities are to be allocated a sufficient share of funding to provide a similar level of service provided throughout the district as prior to separation.
In October 2022, Malibu and SM-MUSD adopted a Term Sheet that contemplated the creation of three agreements and set forth a framework for separation:
• Property Tax Revenue Sharing Agreement
• Operational Transfer Agreement
• Joint Powers Authority Agreement
The Property Tax Revenue Sharing Agreement (PTRSA) is meant to memorialize the allocation of the existing SM-MUSD revenues between the successor educational entities in order to ensure that each entity is allocated a sufficient share of funding to provide a similar level of service at each school site as prior to separation.
The purpose of the Operational Transfer Agreement (OTA) is to provide the framework for how Malibu and SM-MUSD will work together during the time preceding the formation of the future MUSD. It defines how Malibu and SM-MUSD will work together to manage the transition of confidential data; educational services; other student related services; staffing assignments; human resources; maintenance, operations, and facilities; allocation of real property; allocation of other assets and liabilities; fiscal implications; and communications.
The Joint Powers Authority (JPA) Agreement will be the body responsible for implementing the OTA and PTRSA. The purpose of the JPA Agreement is to delineate the responsibilities of the JPA and set forth the governance structure. The JPA Board will be comprised of five board members, two selected by MUSD, two selected by SMUSD, and one jointly selected by the two districts.
ATTACHMENTS:
Separation Package:
1. Property Tax Revenue Sharing Agreement
2. Operational Transfer Agreement
3. Joint Powers Authority Agreement
2 - 1 -
JOINT EXERCISE OF POWERS AGREEMENT TO ESTABLISH THE MALIBU USD
TRANSITION AND IMPLEMENTATION JOINT POWERS AUTHORITY
THIS JOINT POWERS AGREEMENT (“Agreement”) is between the Malibu Unified School District (“MUSD”), and Santa Monica Unified School District (“SMUSD”) and is effective as of the Effective Date defined below.
The MUSD and the SMUSD are public school districts duly organized and existing under the constitution and laws of the State of California (“State” of “California”).
Each entity executing this Agreement shall individually be referred to as a “Member” or collectively referred to as “Members.”
A. RECITALS
WHEREAS, it is to the mutual benefit of the Members and in the best public interest of said Members to join together to establish this Joint Powers Authority (“JPA”) to accomplish the purposes hereinafter set forth; and
WHEREAS, the Members are each empowered, pursuant to the Joint Exercise of Powers Act (California Government Code section 6500 et seq., hereinafter the “Act”), to execute agreements with other public agencies to jointly exercise powers commonly held by each of the contracting public agencies and other powers applicable to joint powers agencies by law; and WHEREAS, each of the Members has the power necessary to accomplish the purposes of this Agreement and the foregoing purposes will be accomplished and the common powers exercised in the matter hereinafter set forth; and
WHEREAS, each Member has participated in the negotiation of a Property Tax Revenue Sharing Agreement (“PTRSA”) and Operational Transfer Agreement (“OTA”), the purposes of which are to facilitate the creation, operation and financing of an independent MUSD and a separate SMUSD; and
WHEREAS, the Members agree that it would be mutually beneficial to create a separate public entity pursuant to the provisions of the Act entitled “Malibu USD Transition and Implementation JPA to provide a coordinated approach that reflects the Members’ guiding principles: (1) that the formation of an independent MUSD is in the best interest of all students and (2) that the Members are dedicated to ensuring that MUSD and SMUSD both receive adequate funding to provide a similar level of service as before separation; and WHEREAS, the Members believe that the formation of the JPA will enable a seamless transition, formation and operation of MUSD and SMUSD and to provide an enhanced opportunity for students and residents within the Members’ boundaries that each Member would not be able to provide as effectively on its own.
NOW, THEREFORE, for and in consideration of the mutual advantages to be derived therefrom, and in consideration of the executing of this Agreement by Members, each of the Members does hereby agree as follows:
Attachment 1
3 JOINT EXERCISE OF POWERS AGREEMENT TO ESTABLISH THE
MALIBU USD TRANSITION AND IMPLEMENTATION JOINT POWERS AUTHORITY
ARTICLE I
Section 1: Definition of Terms
In addition to the terms defined herein, the following terms shall have the meanings specified.
1.1 “Act” means the Joint Exercise of Powers Act of the State of California, California Government Code section 6500 et.seq., as it exists now or may be amended.
1.2 “Agreement” means this Joint Exercise of Powers Agreement to Establish the Malibu USD Transition and Implementation JPA as the same now exists, or as it may, from time to time, be amended.
1.3 “JPA” means the joint powers agency, known as the Malibu USD Transition and Implementation Joint Powers Authority, created by this Agreement.
1.4 “JPA Directors” means the governing body of the JPA.
1.5 “Brown Act” means the Ralph M. Brown Act (commencing with California Government Code section 54950).
1.6 “MUSD” means the Malibu Unified School District
1.7 “Director” means a member of the JPA Directors appointed pursuant to Section 5 of this Agreement.
1.8 “Effective Date” means the date the last Member signs this Agreement.
1.9 “Fiscal Year” means the period commencing on July 1 to and including the following June 30.
1.10 “General and Administrative Costs” means costs directly associated with administration of the JPA.
1.11 “JAMS” means Judicial Arbitration and Mediation Services, a provider of dispute resolution services.
1.12 “Member” or “Member Agency” means each party to this Agreement (SMUSD and MUSD) and other members as may be admitted in the future.
1.13 “Operational Transfer Agreement”, or “OTA”, means the agreement of the same name entered into by and between the Santa Monica-Malibu Unified School District and City of Malibu on or about , ___, 2025.
1.14 “Property Tax Revenue Sharing Agreement”, or “PTRSA”, means the agreement of the same name entered into by and between the Santa Monica-Malibu Unified School District and City of Malibu, on or about , ___, 2025.
1.15 “SMUSD” means the Santa Monica Unified School District. 4 JOINT EXERCISE OF POWERS AGREEMENT TO ESTABLISH THE
MALIBU USD TRANSITION AND IMPLEMENTATION JOINT POWERS AUTHORITY Unless the context otherwise indicates, words importing the singular shall include the plural and vice versa, and the words importing persons shall include corporations and associations, including public bodies and natural persons.
ARTICLE II
Section 2: Purpose and Formation
2.1 The Members, all acting by and through their respective governing boards, have created the JPA for the purpose of exercising the common powers of the Members to jointly and continuously assist in (a) effectuating the transfer of property tax revenues from MUSD to SMUSD (b) participating in the dispute resolution process under the PTRSA at Section 14 or OTA at Section 13 and 14, and (c) making non-binding recommendations to MUSD and/or SMUSD as to whether and how to modify revenue sharing under the PTRSA the process for which is set forth in Section 13 of the PTRSA.
2.2 Pursuant to section 6507 of the Act, there is hereby created a public entity known as the “Malibu USD Transition and Implementation Joint Powers Authority”. The JPA is a public entity separate from the Member Agencies and possesses the full authority for the purposes of exercising the common powers of the Members relating to the purposes and powers set forth herein.
Section 3: Term
3.1 This Agreement shall become effective and binding upon the Members as of the Effective Date. If the JPA has no outstanding debts or liabilities, this Agreement shall terminate on the date the PTRSA expires, or earlier in a writing signed by all Members.
3.2 This Agreement shall automatically terminate on December 31, 2027, if by that date, the unification of the MUSD has not taken effect, although the Members can agree to extend the Agreement up to another three years but not beyond December 31, 2030. However, the Agreement shall not automatically terminate on December 31, 2030, if by that date an election has been called on the proposal for reorganization of SMUSD and formation of MUSD and SMUSD, but that election has not yet taken place. In that event, the Agreement shall automatically terminate if voters reject the proposal for unification of the MUSD.
3.3 If the JPA has no outstanding debts, or liabilities, this Agreement may be voluntarily terminated upon the written consent of all the Members.
Section 4: Members
4.1 The JPA shall be composed of the following Members: MUSD and SMUSD.
4.2 Additional parties may be added to this Agreement by written amendment among all the current members. Members may also be removed or substituted by written amendment among all the then current members.
5 JOINT EXERCISE OF POWERS AGREEMENT TO ESTABLISH THE
MALIBU USD TRANSITION AND IMPLEMENTATION JOINT POWERS AUTHORITY
4.3 This Agreement shall be binding upon all and shall inure to the benefit of the successors of the Members. If a Member is reorganized under the Education Code, its obligations under this Agreement shall become the obligations of its successor(s) under Education Code sections 35560 and 35736, and the surviving school district(s) shall be substituted as a Member to this Agreement automatically upon its formation.
ARTICLE III
Section 5: JPA Directors
5.1 The JPA shall be governed by seven JPA Directors. The JPA Directors shall administer the JPA. The JPA Directors may exercise, and shall be vested with, all powers of the JPA, as set forth herein, insofar as such is not inconsistent with law or the terms of this Agreement.
5.2 The JPA Directors shall consist of three (3) Directors appointed by SMUSD which shall not concurrently serve as SMUSD board members, and three (3) Directors appointed by MUSD which Directors shall not concurrently serve as MUSD board members, and one (1) Director jointly appointed by SMUSD and MUSD in accordance with Section 5.5 herein below.
All Directors must have demonstrable experience in public education finance, and/or public agency governance/administration. This requirement may be met by possessing a post-graduate degree in finance, business administration, or at least seven (7) years of actual paid work experience in such fields. No Director may be appointed or continue to serve on the JPA who has been convicted of financial malfeasance.
5.3 Within sixty (60) days after official formation of the MUSD, each Member Agency shall designate and appoint, by a formal action of its governing body, three (3) qualified individuals to act as its JPA Directors (the “Director Appointment Date”).
5.4 The Directors will serve at the pleasure of the appointing Member Agency and may be removed or replaced at any time, with or without cause, in the sole discretion of the appointing Member Agency’s governing body.
5.5 Within thirty (30) days of the Director Appointment Date, MUSD and SMUSD shall jointly approve the appointment of a seventh (7th) Director. The seventh Director shall serve a term of three (3) years unless removed earlier. Thereafter, the seventh Director may, but is not required to be, reappointed for subsequent three (3) year terms by a majority vote. The seventh Director should not be a past or current employee or council member of the City of Malibu or past or current board member of the Santa Monica-Malibu Unified School District. In the event the Members are unable to agree on the appointment of a seventh (7th) Member, the Members shall each propose a list of three (3) individuals for such appointment (the “List”) and the List will be submitted to an outside, third-party mediator with no affiliation or ties to either Member or the individuals on the List. The mediator will review the qualifications of the six (6) individuals on the List (or fewer if a Member provides less than three (3) individuals, and shall, with or without conducting interviews of any of the individuals on the List, select the seventh (7th) member) within 15 calendar days of receipt of the List. The cost of the mediator shall be borne equally by the Members. Should the Parties be unable to agree on a mediator, the Parties shall submit a request to JAMS Los Angeles for the appointment of a mediator. JAMS’ selection shall be final. 6 JOINT EXERCISE OF POWERS AGREEMENT TO ESTABLISH THE
MALIBU USD TRANSITION AND IMPLEMENTATION JOINT POWERS AUTHORITY
5.6 Directors shall be entitled to compensation for their attendance at regular and special meetings in the amount of $100 per meeting. The Authority may, by bylaw or resolution, authorize compensation, stipends, or reimbursement of expenses for Directors in connection with their service to the Authority. Any such compensation or reimbursement shall be established and made in accordance with the limits of relevant law, including but not limited to Government Code sections 53232 et seq. Each Director will be reimbursed for reasonable and necessary expenses actually incurred in the conduct of the business, pursuant to an expense reimbursement policy established by the JPA in accordance with applicable statutory requirements.
5.7 The JPA Directors shall have the following officers: Chair; Vice-Chair; and Secretary. Each officer shall be elected from among its directors.
5.7.1 The Chair and Vice-Chair must be appointees of different Member Agencies and shall alternate between Member Agencies in alternating years. (Example: In Year 1, one of SMUSD’s appointees will be the Chair and one of MUSD’s appointees will be the Vice-Chair; the opposite will be true in Year 2).
5.7.2 The Chair and the Vice-Chair may be removed and replaced by a majority vote of the JPA Directors.
5.7.3 If any Director position shall become vacant, the resulting vacancy will be filled, for the remainder of the vacant term, at the next meeting of the JPA Directors held after each vacancy occurs and before any JPA business is acted upon. If the vacancy is of a Director position appointed by SMUSD, then only a Member appointed by SMUSD will be able to fill that vacancy. Similarly, if the vacancy is of a Director position appointed by MUSD, then only a Member appointed by MUSD will be able to fill that vacancy. If the vacancy is of the seventh (7th) mutually- appointed Member, then the Members will follow the same process to appoint a new seventh (7th) Member as was followed for the original appointment, including, if applicable, the provisions of Section 5.5.
5.7.4 The Chair will preside over all meetings of the JPA Directors and will sign all contracts on behalf of the JPA, except contracts that the JPA Directors may authorize an officer or agent of the JPA to sign.
5.7.5 The Vice-Chair will act, sign contracts, and perform all of the Chair’s duties in the absence of the Chair.
5.7.6 The Secretary shall be responsible for maintaining the official records of the JPA including the minutes and other records of the proceedings of the JPA Directors, and shall perform such other duties as specified by the JPA Directors.
7 JOINT EXERCISE OF POWERS AGREEMENT TO ESTABLISH THE
MALIBU USD TRANSITION AND IMPLEMENTATION JOINT POWERS AUTHORITY
5.8 The JPA Directors may create permanent or ad hoc committees to give advice to the JPA Directors on matters of interest to the JPA, to be conducted in accordance with the Ralph M. Brown Act and all other applicable laws.
5.9 All voting power of the JPA will reside in the JPA Directors. Directors may not cast proxy or absentee votes. Each Director will have an equal vote.
5.9.1 The following matters require at least four (4) affirmative votes for approval:
(a) Amendment of this Agreement which must also be approved by both Members’ governing bodies;
(b) Dissolution of the JPA which must also be approved by the majority of both Members’ governing bodies;
(c) Approval of the JPA to take on debt;
(d) The creation of positions of employment for the JPA; (e) Approval of any employee benefit issuance or change; (f) The approval of the Property Tax Transfer Amount; and (g) The hiring of staff and/or consultants for the purposes of performing tasks on behalf of the JPA.
5.10 The JPA Directors may adopt from time to time such bylaws, rules, and regulations for the conduct of meetings of the JPA Directors and the affairs of the JPA, which shall be consistent with this Agreement and applicable law.
5.11 The Treasurer of the JPA shall be appointed by a majority vote of the Directors and shall be either the director of finance or the chief business officer of one of the Member Agencies or other financial professional with relevant experience. The Treasurer of the JPA shall receive and have custody of and disburse JPA funds in accordance with applicable law and JPA bylaws and/or policies. The Treasurer shall have all other powers, duties, and responsibilities of such office, including performing the auditor functions of the JPA, as specified in Government Code section 6505.5.
5.12 Any documents signed on behalf of the JPA shall require the signatures of two (2) Directors, one from each Member Agency, for financial disbursements in excess of $100,000.
Section 6: JPA Director Meetings
6.1 All meetings of the JPA Directors shall be called, noticed, held, and conducted in accordance with the provisions of the Brown Act. 8 JOINT EXERCISE OF POWERS AGREEMENT TO ESTABLISH THE
MALIBU USD TRANSITION AND IMPLEMENTATION JOINT POWERS AUTHORITY
6.2 The JPA Directors shall schedule regular monthly meetings. The JPA Directors shall establish the date, time, and place of its regular meetings at its first meeting by resolution. The JPA Directors may suspend the holding of regular meetings by resolution, so long as there is no need for JPA business. The JPA Directors must provide a copy of any resolution establishing or changing the date, time, or place of any JPA Directors meeting to each Member.
The JPA Directors shall hold its first meeting within sixty (60) days after the JPA Directors Appointment Date.
6.3 The presence of four Directors is required to establish a quorum. The affirmative vote of four directors is required to pass any motion, resolution, or ordinance, except for the appointment of a Director to fill a vacancy in the mutually appointed seventh (7th) Director position which appointment shall be made in accordance with Section 5.5 or the appointment of a Member to fill a vacancy in accordance with Section 5.2.
6.4 The JPA Directors shall cause to be kept minutes of their meetings, both regular and special, and shall, as soon as possible after each meeting, cause a draft of the minutes to be forwarded to each Director. After the minutes are approved at a JPA Director meeting, the approved minutes should be forwarded to each Member Agency.
6.5 Closed sessions of the JPA Directors shall be confidential. However, confidential information from closed sessions may be disclosed to each Member’s governing body as permitted and limited by Government Code Section 54956.96. The JPA Directors may include provisions in the JPA Bylaws to implement this Section.
Section 7: Boundaries
7.1 The boundaries of the JPA will be coterminous with the boundaries of its Member Agencies.
Section 8: Powers of JPA
8.1 The JPA will exercise the powers which are common to each Member Agency, or as otherwise permitted under the Act, and all incidental, implied, express, or necessary powers to accomplish the purposes of this Agreement.
8.2 The JPA is authorized to perform all acts necessary for the exercise of the powers described above, as allowed by law, including but not limited to any or all of the following:
8.2.1 to make and enter into contracts;
8.2.2 to hire consultants and employees;
8.2.3 to sue or be sued in its own name;
8.2.4 to incur debts, liabilities, or obligations, subject to limitations herein set forth; to develop and adopt policies and procedures for the conduct of the business of the JPA;
9 JOINT EXERCISE OF POWERS AGREEMENT TO ESTABLISH THE
MALIBU USD TRANSITION AND IMPLEMENTATION JOINT POWERS AUTHORITY
8.2.5 to carry out and enforce all provisions of this Agreement necessary to effectuate the Purpose of this Agreement and conduct other such activities as are necessary and appropriate to the above;
8.2.6 to take the actions set forth in the PTRSA, as found in Exhibit B, when the conditions for such actions arise, including but not limited to the following actions:
(a) Contact the Los Angeles County Assessor and request a report which identifies the assessed valuations for the territory subject to jurisdictional change and the related tax rate areas;
(b) Contact the Los Angeles County Auditor-Controller and request a report which identifies property tax revenue
generated within the territory subject to jurisdictional change, as well as the proportion of revenue attributable to either MUSD or SMUSD;
(c) Complete calculations to determine Property Tax Transfer Amounts, including specifically:
i. the Base Year Property Tax Transfer Amount
(completed immediately after the Separation Date),
ii. The Annual Property Tax Transfer Amount
(completed each subsequent year by October 15 on
the Annual Calculation Date), and
iii. True-up the Base Year Property Tax Transfer
Calculation and subsequent Annual Property Tax;
iv. Transfer Calculation using actual certified
CALPADS amounts.
(d) Determine adjustments, if any, that can be made to the Property Tax Transfer Amount, including changes to how the Property Tax Transfer Amount is calculated, if there is a Significant Variance or Significant Change in Per Pupil Funding as set forth in the PTRSA. Any such adjustment
recommendations shall follow the guiding principles: (1) that the formation of an independent MUSD is in the best interest of all students and (2) that the Members are
dedicated to ensuring that MUSD and SMUSD both receive
adequate funding to provide a similar level of service as before separation. Any adjustments made by the JPA to the Property Tax Transfer calculation shall be made on a caseby-case basis and only for the period deemed necessary by 10 JOINT EXERCISE OF POWERS AGREEMENT TO ESTABLISH THE
MALIBU USD TRANSITION AND IMPLEMENTATION JOINT POWERS AUTHORITY the JPA at the time. The JPA shall notify the Member
agencies of any such adjustments prior to 9.2.7(g).
(e) To the extent that the JPA determines any deferral of the Property Tax Transfer Amount is recommended, interest
shall accrue monthly on the amount of the deferral at the Los Angeles County Pooled Surplus Investments Portfolio
Earnings Rate as published in the Los Angeles County
Treasurer’s Report of Investments. Interest shall be
compounded and computed on all sums owed to SMUSD
through full repayment.
(f) Engage and pay for an independent financial/accounting professional for the purpose of comparing previous years’ calculations with the current year calculations.
(g) Provide yearly Property Tax Transfer Amounts to the LA County Auditor-Controller for reallocation from MUSD to SMUSD.
8.2.7 to take the actions set forth in the OTA.
8.2.8 to participate in the dispute resolution process between the MUSD and SMUSD arising from the PTRSA and/or OTA in accordance with the dispute resolution procedures in each such agreements.
8.3 Pursuant to Government Code section 6509, the powers of the JPA will be exercised subject to the restrictions upon the manner of exercising such powers as are imposed upon the MUSD or SMUSD.
8.4 The JPA shall not permanently modify the PTRSA or the OTA without the approval and ratification of the MUSD and SMUSD.
Section 9: Initial Funding and Annual Budget
9.1 An operating fund, known as the “JPA Fund” shall be established by the JPA and maintained by the Treasurer and shall be used to pay the JPA operating expenses, including but not limited to, any contracts to retain consultants and costs to defend the JPA pursuant to Section 12. The JPA Fund shall be funded initially within sixty (60) days of JPA formation and thereafter, annual contributions from each Member Agency on or before October 1st, pursuant to Sections 9.2 and 9.3 respectively.
9.2 Will be initially funded by a joint contribution of the MUSD and SMUSD in an amount to be determined by the JPA Directors within sixty (60) days after the Director Appointment Date, not to exceed $50,000.
9.3 Contributions to the JPA Fund shall be made annually by each Member in the amounts sufficient to provide the funds necessary to carry out the functions of the JPA, with 11 JOINT EXERCISE OF POWERS AGREEMENT TO ESTABLISH THE
MALIBU USD TRANSITION AND IMPLEMENTATION JOINT POWERS AUTHORITY the exception of costs as described below in Section 11. MUSD and SMUSD shall contribute equally to the funds necessary to carry out the functions of the JPA.
9.4 For each fiscal year, the JPA Directors shall adopt a budget by April 1st prior to the start of the fiscal year. The JPA Directors may not adopt a budget in excess of $100,000 without written consent of the Member Agencies.
9.5 At least fifteen (15) days prior to adopting its budget, the JPA Directors shall notify each Member Agency of the amount of its annual required contribution based on the proposed budget and calculated pursuant to Section 9.3.
9.6 Within fifteen (15) days after the beginning of each Fiscal Year, the Members shall provide the required contribution to the JPA Fund.
9.7 The JPA Directors may not authorize expenditures in excess of the adopted budget from the JPA Fund without approval of the Member Agencies.
9.8 The Treasurer shall establish and maintain the JPA Fund as may be required by generally accepted accounting principles and provide for strict accountability of all funds and report of all receipts and disbursements as provided in Government Code section 6505. The books and records of the JPA shall be open to inspection at all reasonable times by the Members and their duly authorized representatives.
9.9 If the JPA is terminated, all assets of the JPA not required to satisfy any outstanding debts, including but not limited to the JPA Fund, shall be returned to the Members Agencies in the proportion in which they were contributed pursuant to Section 9.3.
Section 10: Insurance
10.1 The JPA shall obtain insurance policies as may be required to protect the JPA or its Member Agencies as determined by the JPA Directors. If applicable, the JPA shall name each Member Agency and their officers, Directors, employees and consultants as additional insureds under all such policies.
Section 11: Liability, Indemnification, and Defense
11.1 To the full extent authorized by Government Code section 6508.1, the debts, liabilities, and obligations, whether contractual or non-contractual, of the JPA, except retirement liabilities if the JPA contracts with a public retirement system, will be the debts, liabilities, and obligations of the JPA alone, and not the debts, liabilities, or obligations of the Members or their Member Entities.
11.2 The Members do not intend to be obligated either jointly or severally for the debts, liabilities, or obligations of the JPA, except as may be specifically provided for in Government Code section 895.2, as amended or supplemented.
11.3 Pursuant to Government Code section 895.4, (i) in the event the Members are held liable for the acts or omissions of the JPA caused by a negligent or wrongful act or 12 JOINT EXERCISE OF POWERS AGREEMENT TO ESTABLISH THE
MALIBU USD TRANSITION AND IMPLEMENTATION JOINT POWERS AUTHORITY omission occurring in the performance of this Agreement; or (ii) in the case of any other liability incurred by the JPA during the course of its existence, then with respect to (i) or (ii), the Members shall discharge any such liability first, from insurance proceeds if applicable, next, from the JPA funds, and if such insurance and funds are insufficient, from SMUSD and MUSD in equal amounts.
11.4 Each Member Agency shall indemnify, defend, and hold harmless the other Member Agency from any such liability in excess of its proportionate share.
11.5 Notwithstanding Section 11.3 above, each Member Agency, including any and all successor entities, is solely liable for any claims, suits, and liability, including payment of any judgment and attorneys’ fees and costs, caused solely by that Member and/or its governing board and members thereof, officers, employees, or agents except when a Member or its officers, employees, or agents are acting on behalf of the JPA or the Agency and each Member Agency shall indemnify, defend and hold harmless the other for any damages caused by any gross negligence or willful misconduct of its appointed Members..
Section 12: Dispute Resolution
12.1 If a dispute arises as to the construction, interpretation or implementation of any portion of this Agreement or any matters that arise in connection with this Agreement, the Members in dispute (including the JPA if the dispute is between one or more Members and the JPA, in which case the JPA Directors shall determine who will represent the JPA in the meet and confer and mediation processes) shall meet and confer in person in an attempt to resolve the dispute within thirty (30) days of a Member or the JPA giving the other Members or the JPA notice of the dispute. If the Members or the JPA cannot resolve the dispute through that meet and confer process, the Members or the JPA in dispute shall proceed to non-binding mediation of the dispute in front of an independent, neutral mediator agreed to by those Members or the JPA within ten (10) calendar days of the meet and confer meeting, unless each Member and/or JPA all agree to waive such nonbinding mediation. If the Members or the JPA in dispute cannot agree upon a mediator within twenty (20) days of the meet and confer meeting, or sooner if the mediation is not held, the dispute shall be submitted to JAMS Los Angeles for selection of a mediator within thirty (30) days of submitting the matter to JAMS. The Members of the JPA shall each pay an equal share of the costs of the mediation. If mediation fails to result in a resolution, the matter may then be submitted to JAMS Los Angeles for binding arbitration which shall be conducted utilizing JAMS ADR rules.
The costs of the arbitration shall be borne equally by each Member and/or JPA.
12.2 Nothing in this Agreement, however, shall be construed as making final the decision of any Independent Arbiter on a question of law, which shall be settled in accordance with the laws of the State of California.
12.3 The JPA is hereby authorized to take any or all legal or equitable actions necessary or permitted by law to enforce this Agreement.
12.4 If the JPA or any Member shall breach any term, covenant, or condition contained in this Agreement, such party shall be deemed to be in default under this Agreement, and the non-defaulting party (parties) shall each have the right to enforce all of its rights and 13 JOINT EXERCISE OF POWERS AGREEMENT TO ESTABLISH THE
MALIBU USD TRANSITION AND IMPLEMENTATION JOINT POWERS AUTHORITY remedies regarding such default which are provided under State or federal laws, but must adhere to the Dispute Resolution Process of this Section 12.
Section 13: Termination, Disposition of Assets, Rescission or Termination
13.1 This Agreement may be rescinded and the JPA terminated by written consent of all Member Agencies. The Parties shall cooperate in all necessary actions to wind down the operations of the JPA.
Section 14: Amendments
14.1 This Agreement may be amended upon approval of all Member Agencies.
Section 15: Notices
15.1 Notices required or permitted hereunder shall be sufficiently given if made in writing and delivered either personally, by registered or certified mail, postage prepaid, by nationally-recognized overnight courier, or by e-mail to the respective Members, at the addresses provided in Exhibit A attached. With respect to delivery by e-mail, any such e-mail message shall be sent using a system that provides reasonable assurance: (i) that the message was sent; (ii) that the message was delivered to the recipient’s information processing system, and (iii) of the time and date the message was delivered to the recipient, along with a verifiable electronic record of the exact content of the message sent. The Members may from time to time change the address to which notice may be provided by providing notice of the change to the other Members.
Section 16: Filing of Notice of Agreement
16.1 Within 30 days after this Agreement becomes effective, the JPA shall file with the Secretary of State the notice of Agreement required by Government Code section 6503.5.
16.2 Within 30 days after this Agreement becomes effective, the JPA shall file with the State Controller the notice of Agreement required by Government Code section 6503.6.
16.3 Within 70 days after this Agreement becomes effective, the JPA shall file with the Secretary of State and the County Clerk of the County of Los Angeles the notice required by Government Code section 53051.
Section 17: Conflict of Interest
17.1 If allowable by then applicable law, the JPA may waive any conflict of interest as to representation by counsel if that conflict arises or may arise in connection with counsel’s representation of one of the Members. The JPA shall, by resolution, adopt a conflict of interest code to the extent permitted and/or required by law.
Section 18: General Provisions
18.1 Cooperation. The Members recognize the necessity and hereby agree to cooperate with each other in carrying out the purposes of this Agreement. 14 JOINT EXERCISE OF POWERS AGREEMENT TO ESTABLISH THE
MALIBU USD TRANSITION AND IMPLEMENTATION JOINT POWERS AUTHORITY
18.2 Successors; Assignment. Except as provided herein, a member may not assign its membership in the JPA without the consent of all of the other Members. This Agreement will be binding upon and inure to the benefit of any successor of a Member.
18.3 Severability. Should any part, term, or provision of this Agreement be determined by a final judgment of a court to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions or provisions will not be affected thereby.
18.4 Governing Law; Jurisdiction. This Agreement will be governed by, and construed and enforced in accordance with, the laws of the State of California, without giving effect to conflict of law provisions. Any lawsuits between the parties arising out of this Agreement will be brought and concluded in the State of California, in the County of Los Angeles, unless otherwise agreed to by the parties to the dispute or pursuant to California Code of Civil Procedure Section 394.
18.5 Joint Drafting. All Members participated in the drafting of this Agreement and the Agreement will not be construed against any Member as the drafter.
18.6 Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original and all of which together shall constitute one and the same agreement.
18.7 Third Party Beneficiaries. This Agreement will not create any right or interest in any non-party or in any member of the public as a third party beneficiary.
18.8 Integration. This Agreement represents the full and entire Agreement among the Members with respect to the matters covered herein.
18.9 Execution. The legislative bodies of the Members each have authorized execution of this Agreement, as evidenced by the signatures attested below.
18.10 Section Headings. All section headings in this Agreement are for convenience of reference only and are not to be construed as modifying or governing the language in the section referenced to or to define or limit the scope of any provision of this Agreement.
18.11 Attorneys’ Fees. If any legal action or proceeding is brought to enforce or interpret this Agreement, not including the Dispute Resolution described in Section 12, each Party shall bear their own attorneys’ fees, excluding any such fees and costs as may be incurred in enforcing any judgment or order entered in any such action in which case the Party enforcing the judgment or order may recover their reasonable attorneys’ fees and costs in such enforcement.
18.12 Waiver. Any failure of a party to insist upon strict compliance with any term, undertaking, or condition of this Agreement shall not be deemed to be a waiver of such term, undertaking, or condition. To be effective, a waiver must be in writing, signed and dated by the Parties.
15 JOINT EXERCISE OF POWERS AGREEMENT TO ESTABLISH THE
MALIBU USD TRANSITION AND IMPLEMENTATION JOINT POWERS AUTHORITY
18.13 Representation by Counsel. The Parties acknowledge and agree that they were, or had the opportunity to be, represented individually by legal counsel with respect to the matters that are the subject of this Agreement and that they are fully advised with respect to their respective rights and obligations resulting from signing this Agreement.
18.14 No Assignment. Except as required by Section 4.3 of this Agreement, neither Party may assign this Agreement in whole or in part without the consent of the other.
18.15 Entire Agreement. The Agreement constitutes the entire agreement and understanding between the Members and is a complete and exclusive statement of the terms of the Members’ agreement regarding the subject matter hereof pursuant to California Code of Civil Procedure section 1856.
[SIGNATURES ON THE FOLLOWING PAGE]
16 JOINT EXERCISE OF POWERS AGREEMENT TO ESTABLISH THE
MALIBU USD TRANSITION AND IMPLEMENTATION JOINT POWERS AUTHORITY IN WITNESS WHEREOF, the Members have caused this Joint Exercise of Powers Agreement to be executed by their duly authorized officers on the date and year set forth below.
SANTA MONICA-MALIBU UNIFIED
SCHOOL DISTRICT
By: ___________________________________
Dr. Antonio Shelton, Superintendent
Approved As To Form:
ATKINSON, ANDELSON, LOYA, RUUD &
ROMO
By: ___________________________________
David Soldani, Shareholder
CITY OF MALIBU
By: ___________________________________
Candace Bond, Interim City Manager
Approved As To Form:
BEST BEST & KRIEGER LLP
By: ___________________________________
Christine Wood, Partner
17 - 1 -
OPERATIONAL TRANSFER AGREEMENT BETWEEN THE
SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT,
REPRESENTING THE INTERESTS OF THE FUTURE SANTA MONICA UNIFIED
SCHOOL DISTRICT, AND THE CITY OF MALIBU, REPRESENTING THE
INTERESTS OF THE FUTURE MALIBU UNIFIED SCHOOL DISTRICT
This Operational Transfer Agreement (“Agreement”) is entered into and effective ____, 2025 (“Effective Date”), between the Santa Monica-Malibu Unified School District (“SMMUSD”), representing the interests of the future Santa Monica Unified School District (“SMUSD”), and the City of Malibu (“City”), representing the interests of the future Malibu Unified School District (“MUSD”), hereinafter referred to as the “Parties”, and with respect to the following Recitals, which are incorporated by reference into this Agreement.
The purpose of this Agreement is to provide the framework for how the Parties will work together during the time preceding the formation of the future MUSD and the reorganization of SMMUSD into SMUSD, hereinafter referred to the “Transition Period”, and to provide guidance for certain activities/actions which may require collaboration after the Transition Period. The framework of this Agreement defines how the Parties will work together to manage the transition of Confidential Data; Educational Services; Other Student Related Services; Staffing Assignments; Human Resources; Maintenance, Operations and Facilities; Allocation of Real Property; Allocation of Other Assets and Liabilities; Fiscal Implications; and Communications.
It is the intent of the Parties to provide for a smooth and transparent Transition Period to assist themselves, other involved public entities and the public, in understanding how all aspects of providing public education services will transition from SMMUSD to the future SMUSD and MUSD.
A. RECITALS
WHEREAS, SMMUSD is the current provider of preschool through twelfth grade public education for students residing within the cities of Santa Monica and Malibu, a portion of the City of Westlake Village, and contiguous adjacent unincorporated territory of Los Angeles County; and, WHEREAS, SMMUSD and City have agreed that the formation of an independent MUSD is in the best interest of all SMMUSD students; and,
WHEREAS, SMMUSD and City have agreed to pursue the formation of MUSD from designated territory within SMMUSD with the intention of the two resulting public unified school districts serving the communities of Santa Monica and Malibu, respectively; and, WHEREAS, Education Code section 35511(a)(2) allows for the action to form a new unified school district from all or parts of one or more existing unified school districts; and, WHEREAS, on the Separation Date (as defined below), SMUSD will become the primary provider of preschool through twelfth grade public education for students in the City of Santa Monica, California, which boundaries are reflected and included in Exhibit A, attached to and incorporated in this Agreement (“SMUSD Boundaries”); and, Attachment 2
18 OPERATIONAL TRANSFER AGREEMENT BETWEEN THE SANTA MONICA-MALIBU
UNIFIED SCHOOL DISTRICT AND THE CITY OF MALIBU
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WHEREAS, on the Separation Date, MUSD will become the provider of preschool through twelfth grade public education for students in the City, a portion of the City of Westlake Village, and contiguous adjacent unincorporated territory of Los Angeles County, which boundaries are reflected and included in Exhibit B, attached to and incorporated in this Agreement (“MUSD Boundaries”); and,
WHEREAS, the Parties have agreed upon a revenue sharing plan that is memorialized in a Property Tax Revenue Sharing Agreement that endeavors to allocate a sufficient share of funding to enable each successor educational entity to provide a similar level of service at each school site as prior to separation; and,
WHEREAS, the Parties have agreed to work collaboratively during the Transition Period to facilitate the transition from SMMUSD to SMUSD and MUSD.
NOW, THEREFORE, the Parties agree as follows:
B. DEFINITIONS
1. For the purposes of this Agreement, the following terms shall have the meanings set forth below:
a. “Fund Balance” shall mean assets, including cash and accounts receivable, less liabilities, including accounts payable, referred to as Ending (Fund) Balance, June 30 in the state’s Standardized Account Code Structure (SACS) Unaudited Actual reports.
b. “JPA” shall mean the Malibu USD Transition and Implementation Joint Powers Authority, a Joint Powers Authority.
c. “Malibu School Sites” include the following campuses: California District School “CDS”. Malibu High School (CDS 19-64980-1995737), Malibu Middle School (CDS 19-64980-0139311), Malibu Elementary School (CDS 19-64980-6022602), Webster Elementary School (CDS 19-64980-6022636).
d. “Malibu Transition Team” shall be the consultants engaged by City assigned to facilitating and implementing the steps necessary to initiate operations of MUSD. e. “Revenue Sharing Agreement” shall mean the Property Tax Revenue Sharing Agreement entered into between SMMUSD and City that sets forth the allocation of revenues between the Parties post-separation.
f. “Separation Date” shall mean the 1st of July in the year whereby the separate MUSD and SMUSD become officially operational as authorized by the California Department of Education.
g. “Successor Entity” shall mean, individually, the future school districts, referred to herein as SMUSD or MUSD, and collectively as the “Successor Entities”, which 19 OPERATIONAL TRANSFER AGREEMENT BETWEEN THE SANTA MONICA-MALIBU
UNIFIED SCHOOL DISTRICT AND THE CITY OF MALIBU
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exist after the Separation Date, regardless of the legal process by which each agency is formed or identified.
h. “Transition Period” shall begin when this Agreement and the Revenue Sharing Agreement are collectively ratified by both City and SMMUSD and will continue up to and including the Separation Date.
i. “Unduplicated Pupils” shall mean a pupil enrolled in a school district or a charter school who is either classified as an English learner, eligible for a free or reducedprice meal, or is a foster youth, as defined in Education Code Section 42238.02 j. “Unification” shall mean the formation of an independent MUSD from territory within SMMUSD.
C. AGREEMENT
1. Sharing of Information
a. The Parties will need to collaboratively share certain public records as well as certain non-public proprietary information and student data, which will likely require SMMUSD to provide resources, staff time, and assistance associated with the Unification.
b. As California public agencies, the Parties are subject to the California Public Records Act (CPRA). (Gov. Code § 7920.000 et seq.) Both Parties shall continue to share public records with each other in accordance and consistent with their respective obligations under all relevant provisions of the CPRA. c. In addition to public record information, SMMUSD shall share non-public records and other data with City in accordance and consistent with the official information privilege which states that an agency does not waive protection of non-public information to another public agency under the official information privilege. (Gov.
Code, § 7921.505(c)(5); Evid. Code § 1040(a), (b).) Pursuant to this official information privilege, the Parties mutually agree that no non-public/official information shared between the Parties shall be subject to disclosure pursuant to the CPRA except as otherwise may be required by law.
d. SMMUSD will share such non-public records/official information with City with the understanding that the following must occur: (i) a disclosure must be made to a governmental agency that agrees to treat the disclosed material as confidential; (ii) only persons authorized in writing by the person in charge of the agency are permitted to obtain, review, or use the information; and (iii) any information obtained by City shall only be used for purposes that are consistent with existing law.
e. The Parties acknowledge and explicitly agree that as a school district, SMMUSD is subject to certain privacy regulations outlined in the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g; 34 CFR Part 99), as may be amended from 20 OPERATIONAL TRANSFER AGREEMENT BETWEEN THE SANTA MONICA-MALIBU
UNIFIED SCHOOL DISTRICT AND THE CITY OF MALIBU
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time to time (“FERPA”) as well as certain pupil records laws found in Education Code § 49060, et seq, (collectively, “Pupil Records Laws”). The Parties further agree City, its employees, agents, or representatives may be provided access to certain requested Student Educational Records (as defined under Pupil Records Laws) in connection with the negotiation of the Unification. City and SMMUSD acknowledge that they are subject to and will fully comply with the privacy regulations outlined in the Pupil Records Laws for the handling of such information. City shall not disclose and/or use any Student Educational Records except to the extent necessary to finalize Unification and as expressly permitted by the Pupil Records Laws. City shall implement and maintain administrative, physical, and technical safeguards, at its sole cost and expense, that prevent any collection, use, and/or disclosure of, or access to, Student Educational Records that this Agreement does not expressly authorize, including without limitation, an information security program and/or protocols that meet the standards of industry practice to safeguard such Student Educational Records and City hereby agrees to defend, indemnify and hold harmless SMMUSD, for any damages associated with City’s handling of Student Educational Records.
f. To the extent applicable and otherwise consistent with applicable state and federal law, SMMUSD hereby designates City as a “school official” with “legitimate educational interests” in SMMUSD’s records, as those terms have been defined under the Pupil Records Laws and their implementing regulations. The Parties acknowledge that City will create, access, and/or maintain Student Educational Records under this Agreement only as part of Unification. SMMUSD hereby grants permission to City to use Student Educational Records for such purposes, for the limited timeframe and for the limited purposes set forth herein g. The Parties agree to perform the following duties in regard to any data provided under this Agreement:
i. Not disclose the information to any other party without the consent of the parent or, if permissible, student;
ii. Use the data for no purpose other than in relation to the Unification; iii. Require all employees, contractors, and agents of any kind to comply with all applicable provisions of FERPA and other federal and California laws and regulations with respect to the data shared under this Agreement; and iv. Maintain all data obtained pursuant to this Agreement in a secure environment and not copy, reproduce, or transmit data obtained pursuant to this Agreement except as necessary to fulfill the purpose of this Agreement.
All copies of data of any type, including any modifications or additions to data from any source that contains information regarding students, are subject to the provisions of this Agreement in the same manner as the original data. The ability to access or maintain data under this Agreement 21 OPERATIONAL TRANSFER AGREEMENT BETWEEN THE SANTA MONICA-MALIBU
UNIFIED SCHOOL DISTRICT AND THE CITY OF MALIBU
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shall not under any circumstances transfer from the Parties to any other institution or entity.
2. Educational Services
a. General Educational Services During the Transition Period, SMMUSD Assistant Superintendent of Educational Services and/or their designee(s) will participate in developing a transition plan with the Malibu Transition Team which will set forth how instructional services will be transitioned from SMMUSD to MUSD after Unification.
b. Special Education Services SMMUSD Special Education Director and/or their designee(s) will participate in developing a transition plan with the Malibu Transition Team which will set forth how special education services will be transitioned from SMMUSD to MUSD after Unification.
i. SMMUSD shall provide a list to the Malibu Transition Team of all ongoing mediations and litigation involving anticipated future MUSD students receiving special education services as well as the name and contact information of the attorney representing SMMUSD.
ii. SMMUSD will provide copies of all active agreements it has entered into with the parents of future MUSD students attending schools in Non-Public School (NPS) or residential RTC facilities, and all information, including cost and supervision responsibilities related to those placements. iii. Digital copies of student records for all future anticipated MUSD students with disabilities shall be provided to the Malibu Transition Team one year prior to the Separation Date.
c. Local Control and Accountability Plan (LCAP)
i. Existing levels of services identified in the SMMUSD LCAP for Unduplicated Pupils shall be provided by the MUSD to its Unduplicated Pupils.
3. Other Student Related Services
a. Inter/Intra-District Transfers
i. At the beginning of the Transition Period, SMMUSD shall provide the Malibu Transition Team with a list of all students currently attending schools which shall be conveyed to MUSD via an interdistrict or intradistrict attendance permit.
(1) MUSD will honor existing permits awarded by SMMUSD and allow such students, and their siblings, to enroll in MUSD schools, 22 OPERATIONAL TRANSFER AGREEMENT BETWEEN THE SANTA MONICA-MALIBU
UNIFIED SCHOOL DISTRICT AND THE CITY OF MALIBU
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consistent with the SMMUSD Interdistrict Transfer Board Policy at the time of Separation.
b. Food Services
SMMUSD Food Services Director will participate in developing a transition plan with the Malibu Transition Team which will set forth how food services operations will be transitioned from SMMUSD to MUSD post-Separation Date.
i. Any student meal accounts held at schools which shall be conveyed to MUSD that have a remaining balance at the Separation Date shall be transferred to MUSD.
c. Transportation
i. SMMUSD Transportation Director will participate in developing a transition plan with the Malibu Transition Team which will set forth how transportation operations will be transitioned from SMMUSD to MUSD post-separation.
4. Staffing Assignments
a. Employee assignments are governed by Education Code Sections 35555-35559, 44035, 44955, and 45121, and described in the California Department of Education “School District Organization Handbook”, the relevant sections of which are included as Exhibit E.
i. SMMUSD and the Malibu Transition Team shall follow the provisions of the Education Code and California Department of Education Handbook regarding employee assignments and rights.
b. Initial Employee assignments for the post-separation period shall be determined by December 31 in the calendar year prior to the Separation Date. c. SMMUSD and the Malibu Transition Team shall work with SMMUSD employees and their respective bargaining groups to determine whether employee assignments for specialized departments, such as special education, can be identified at an earlier date.
d. SMMUSD and Malibu Transition Team members will hold meetings in each school where employees may be impacted, providing employees with information and an opportunity to ask questions.
e. SMMUSD shall keep City informed about labor discussions during the Transition Period that may affect or relate to Unification.
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UNIFIED SCHOOL DISTRICT AND THE CITY OF MALIBU
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5. Human Resources
a. Health and Related Insurance for Employees
i. SMMUSD shall coordinate with benefit providers to coordinate continuity of employee benefits.
ii. If SMMUSD is considering a change in insurance/benefit providers, in addition to the collective bargaining process, SMMUSD will share any considered changes to employee benefits with the Malibu Transition Team prior to making any changes.
iii. The Malibu Transition Team will meet with labor partners and SMMUSD staff to coordinate the seamless transition of health and welfare benefits for employees and retirees of the MUSD.
b. Retirement Benefits
i. SMMUSD shall use reasonable efforts to coordinate with the Los Angeles County Office of Education (LACOE) for the transition with PERS and STRS regarding a change in employer to coordinate continuity of service in an effort to prevent employee retirement benefits from being adversely impacted by the Unification.
c. Sick Leave Balances
i. SMMUSD employees transferring to MUSD will maintain their sick leave balances, subject to law and regulation, upon transfer to MUSD. d. Vacation Balances
i. SMMUSD employees transferring to MUSD will keep up to 24 vacation days or the maximum number of days allowed in the SMMUSD employee contract, or whichever is less.
(1) SMMUSD shall pay out all vacation liability above that amount at the Separation Date, or reasonably after the Separation Date in alignment with its customary payroll processing practices.
6. Facilities, Maintenance, and Operations
a. SMMUSD will provide, prior to the Separation Date, the Malibu Transition Team with a schedule/list of all scheduled maintenance, upgrades, and grounds work expected to occur on Malibu School Sites and any other real property that will be transferred to MUSD at Separation Date, including its 10-year schedule for replacing all equipment, roof replacement, septic pumping and maintenance, and any other maintenance information necessary to maintain such properties. 24 OPERATIONAL TRANSFER AGREEMENT BETWEEN THE SANTA MONICA-MALIBU
UNIFIED SCHOOL DISTRICT AND THE CITY OF MALIBU
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b. At the Separation Date, SMMUSD will provide the MUSD with instructions and control access for all maintenance systems including but not limited to HVAC, security, and other low voltage systems at Malibu School Sites. c. MUSD Administrative Headquarters
i. SMMUSD shall progress, without unreasonable delay, the construction/installation of the MUSD Administrative Headquarters prior to the Separation Date in coordination with the Malibu Transition Team and the Parties will work cooperatively to develop a mutually agreeable solution to the central office facilities needs of MUSD.
(1) The MUSD Administrative Headquarters identified in this Section will be funded from the proceeds of General Obligation Bonds authorized under School Facilities Improvement District (SFID) No. 2 (the SFID located in the Malibu area of SMMUSD).
ii. All existing portable classrooms as of the Separation Date that are SMMUSD owned and currently located at any of the Malibu School Sites, shall become the property of MUSD.
iii. The Parties will work cooperatively to identify a location for the temporary MUSD district office and implement a plan to establish the temporary MUSD district office and complete such plan at least six months prior to the Separation Date.
d. Facilities Improvements and Planning
i. The Malibu Transition Team will be consulted and may participate in any planning for school facility improvements by SMMUSD during the Transition Period at any Malibu School Sites, except for work orders or routine maintenance, and/or real property owned in the territory that will become MUSD, including the following:
ii. Improvements funded from general obligation (GO) bonds or other SMMUSD funding sources.
iii. Reasonable improvements in design documents for Malibu School Sites in order to accommodate plans for an independent MUSD as identified by the Malibu Transition Team.
iv. Power and technology infrastructure that will be needed for MUSD to operate independently as well as other improvements identified by the Malibu Transition Team.
(1) Representatives from the Malibu Transition Team shall be included in the Malibu Facilities District Advisory Committee meetings. 25 OPERATIONAL TRANSFER AGREEMENT BETWEEN THE SANTA MONICA-MALIBU
UNIFIED SCHOOL DISTRICT AND THE CITY OF MALIBU
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(2) During the Transition Period, the City shall receive notification of permanent facility improvements occurring in the territory that will become SMUSD for expenditures funded from non-SFID 1 funding sources, except for work orders or routine maintenance. v. SMMUSD and the Malibu Transition Team shall discuss decisions that may result in a facilities-related budgetary impact to MUSD or involve the spending of shared funding sources.
vi. To the extent funding is available and approvals are received, SMMUSD will continue to progress without unreasonable delay, remaining projects in the SFID 2 bonds, including tying Webster Elementary into the new sewer system.
(1) If the projects are not complete prior to the Separation Date, SMMUSD will use commercially reasonable efforts to transfer such project contracts to MUSD and provide MUSD with all relevant plans, specifications, documentation of approvals, funding, and other information necessary to complete such projects and MUSD shall accept such contract transfers.
vii. SMMUSD shall complete applications for State School Facility Program funding for all eligible projects on Malibu School Sites and notify the Malibu Transition Team of project application and funding status. (1) SMUSD shall provide MUSD will all information and data in its possession reasonably necessary to file required Office of Public School Construction (OPSC) expenditure reports and respond to audit requests if such deadlines occur after the Separation Date for funding applications submitted prior to the Separation Date. e. Information Technology
i. To the extent reasonably practicable, all technology devices, infrastructure and systems located in Malibu School Sites, as of the Separation Date, will be transferred from SMMUSD to MUSD.
(1) SMMUSD will port phone numbers for all Malibu School Sites to be transferred to MUSD.
ii. In consultation with SMMUSD Information Technology (IT) staff, City will hire a technology consultant or consulting firm during the Transition Period to advise the Malibu Transition Team and SMMUSD IT staff on the most effective strategies for splitting SMMUSD’s technology network into separate and independent networks for SMUSD and MUSD.
26 OPERATIONAL TRANSFER AGREEMENT BETWEEN THE SANTA MONICA-MALIBU
UNIFIED SCHOOL DISTRICT AND THE CITY OF MALIBU
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(1) SMMUSD IT staff will work cooperatively and accommodate the reasonable recommendations of the technology consultant which will address, at a minimum:
(a) Identifying a central location for a new MUSD network technology.
(b) Developing a timeline for creating a new MUSD system for critical technology-based programs and applications,
including the creation parallel systems where the new
MUSD systems are up and running approximately one year
prior to the Separation Date so that troubleshooting can occur prior to the Separation Date.
(c) Determining the best short-term and long-term solutions for hard wire internet connections to Los Angeles County Office of Education (LACOE).
(d) Determine the best site based and cloud-based services for MUSD.
iii. SMMUSD will work with the Malibu Transition Team, at least 18 months prior to the Separation Date, to create redundant systems to facilitate a smooth transition when MUSD begins operations.
(1) SMMUSD will identify and provide office space adjacent to SMMUSD IT staff for the Malibu Transition Team IT consultant starting approximately 18 months prior to and through the Separation Date.
iv. Until the Separation Date, SMMUSD will continue to repair and replace older technology in Malibu School Sites using standards common to all SMMUSD schools.
v. SMMUSD will hire or retain a data transfer employee or outside consultant that will support data transfer from SMMUSD to MUSD for the various digital applications.
(1) The cost of this position will be reimbursed by City prior to the Separation Date.
(2) The Malibu Transition Team will participate in the hiring of the data transfer person, with the intent of employing this person at MUSD post-separation.
27 OPERATIONAL TRANSFER AGREEMENT BETWEEN THE SANTA MONICA-MALIBU
UNIFIED SCHOOL DISTRICT AND THE CITY OF MALIBU
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7. Allocation of Real Property Assets
a. All real property owned by SMMUSD currently located within the territory of MUSD will be transferred to MUSD post-separation, likewise, all real property owned by SMMUSD currently located within the territory of SMUSD will be allocated to SMUSD post-separation, as shown in Exhibit D. b. SMMUSD will provide the Malibu Transition Team with an inventory of all real property owned by SMMUSD, including identification of the use of the asset, Assessor’s Parcel Number (APN), address, acreage, and square footage of any buildings six months prior to the Separation Date.
c. All active leases for property located within the future MUSD, to which SMMUSD is a party, including the Vista Pacifica site lease, shall be transferred/assigned to MUSD and MUSD shall accept such leases to the extent permitted by the provisions of such leases.
d. SMMUSD will provide the Malibu Transition Team with copies of any joint use agreements, to which SMMUSD is a party, related to Malibu School Sites and any other real property owned by SMMUSD located within the boundaries of the future MUSD, six (6) months prior to the anticipated Separation Date.
8. Allocation of Other Assets, Liabilities, & Fund Balances at Separation Date a. Division of Other Assets. Non-real property assets of SMMUSD will be divided between SMUSD and MUSD in the following manner:
i. All furniture, equipment, tools, and vehicles owned by SMMUSD and currently located and exclusively serving the Malibu School Sites and any other real property owned by SMMUSD located within the boundaries of the future MUSD will become the property of MUSD.
(1) Includes maintenance, grounds, food services, transportation equipment as well as classroom and office furniture and equipment. ii. All furniture, equipment, tools, and vehicles owned by SMMUSD and currently located and exclusively serving school sites or properties in the Santa Monica area of the SMMUSD will become the property of SMUSD. (1) Includes maintenance, grounds, food services, transportation equipment as well as classroom and office furniture and equipment. iii. Furniture, equipment, and vehicles owned by SMMUSD that serve school sites and properties in both the Malibu and Santa Monica areas of the SMMUSD (the “Centrally Located Assets”) will be retained by SMUSD. (1) SMUSD will compensate MUSD for twenty two percent (22%) of the insured replacement value as determined by SMMUSD’s 28 OPERATIONAL TRANSFER AGREEMENT BETWEEN THE SANTA MONICA-MALIBU
UNIFIED SCHOOL DISTRICT AND THE CITY OF MALIBU
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insurance carrier, of all Centrally Located assets that will be retained and/or utilized by the future SMUSD based on the listing of all vehicles, units, and equipment maintained by the SMMUSD Maintenance and Operations Department with valuation occurring within six (6) months after the Separation Date.
(a) The compensation for these assets may be allocated from SMUSD to MUSD over the first three (3) years of MUSD
operations, with 50% of the allocation occurring on the Separation Date and the remaining 50% allocated in years two (2) and three (3), with 25% allocation on July 1 of each year.
iv. To the extent permitted by law and applicable contracts, all solar panel Power Purchase Agreements (PPA) Agreements for Malibu School Sites will be provided to the Malibu Transition Team and transferred or assigned to MUSD effective as of the Separation Date after which MUSD shall be fully and solely responsible for any and all financial and other obligations associated with the PPA agreements.
b. Division of Current Assets. Current Assets include Cash, Investments, Accounts Receivable, Due from Other Agencies, Stores, Prepaid Expenditures, and Other Receivables.
i. Cash in each fund will be allocated between SMUSD and MUSD in the same proportion as identified in Allocation of Fund Balance of this Section. (1) “Cash” for allocation purposes will include balances listed as Cash in County Treasury, Cash with Fiscal Agent, and Collections Awaiting Deposit. In addition, the Cash balance will be increased for Accounts Receivable as of June 30 and reduced by Accounts Payable as of June 30.
ii. All other non-Capital Assets besides Cash and Accounts Receivable will remain with SMUSD as the successor district.
c. Division of Liabilities – Short Term Liabilities. Short-term Liabilities include Accounts Payable, Due to Other Agencies, and Current Loans and Unearned Revenue as defined in SACS.
i. Accounts Payable will be netted with Cash and Accounts Receivable as discussed above in Section 8.b.i.1.
ii. Other Short-term Liabilities will remain with SMUSD as the successor district.
29 OPERATIONAL TRANSFER AGREEMENT BETWEEN THE SANTA MONICA-MALIBU
UNIFIED SCHOOL DISTRICT AND THE CITY OF MALIBU
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d. Division of Liabilities – Bonded Indebtedness and Lease Obligations. The bonded indebtedness and lease obligations of SMMUSD will be allocated between SMUSD and MUSD in the following manner:
i. Outstanding General Obligation Bond (GO Bond) repayment obligations will remain in effect based on current taxpayer responsibilities. Currently outstanding bonds will continue to be repaid by all taxpayers within the existing boundaries of SMMUSD in the same manner as bonds are currently repaid.
(1) SMUSD taxpayers will continue to repay outstanding GO Bonds and future issuances of SFID 1.
(2) MUSD taxpayers will continue to repay outstanding GO Bonds and future issuances of SFID 2.
(3) The repayment of all outstanding non-SFID GO Bonds of SMMUSD will continue to be repaid by the entire SMMUSD tax base based on the assessed value in each area as defined in Exhibit A and Exhibit B.
(4) SMUSD will assume responsibility for ongoing debt administration, compliance reporting, future issuance, and refinance of all outstanding GO Bonds of SMMUSD, except for outstanding SFID 2 bonds.
(5) MUSD will assume responsibility for ongoing debt administration, compliance reporting, future issuance, and refinance of all outstanding SFID 2 GO Bonds.
ii. Certificates of Participation (COPs) currently outstanding as of June 30, 2024, would become the sole responsibility of SMUSD.
(1) To the extent any COPs are contemplated and entered into after June 30, 2024, for the purpose of advancing SFID GO Bonds, such COPs shall be the responsibility of the entity served by the SFID for which funds are being advanced.
iii. Any other real property lease obligations of SMMUSD existing as of the Separation Date would be allocated to SMUSD and/or MUSD based on whether the real property is located within the boundaries of the new SMUSD or the new MUSD. Active leases known to the Parties as of the date of execution of this Agreement are identified in Exhibit F. The Parties shall update this Exhibit as new leases are executed and/or discovered. (1) The Parties shall review and agree on the appropriate allocation of these leases.
30 OPERATIONAL TRANSFER AGREEMENT BETWEEN THE SANTA MONICA-MALIBU
UNIFIED SCHOOL DISTRICT AND THE CITY OF MALIBU
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e. Division of Liabilities – Employment-Related Liabilities. The employment-related liabilities of SMMUSD will be allocated between SMUSD and MUSD in the following manner:
i. Pension, Other Post Employment Benefit (OPEB) liabilities and other employee benefit related liabilities and associated assets, if any, shall be allocated between SMUSD and MUSD based on employee assignments determined by an actuarial study completed as soon as possible once employee assignments to their respective districts are identified.
As soon as practicable, the results of the actuarial study shall be reviewed by the Parties who shall thereafter, make the determination of allocation of such liabilities and associated assets, if any.
ii. SMMUSD employees transferring to MUSD will keep up to 24 vacation days or the maximum number of days allowed in the SMMUSD employee contract, whichever is less.
(1) SMMUSD shall pay out all vacation liability amounts above the maximum number of days allowed at the Separation Date or reasonably after the Separation Date in alignment with normal payroll processing consistent with applicable laws and regulations. f. Allocation of Fund Balances. Fund Balances will be proportionately allocated between SMUSD and MUSD based on estimated Fund Balances on the Separation Date, with a true-up allocation on October 1 immediately following the Separation Date after the Unaudited Actual Financial Statements are completed, in the following manner.
i. Unrestricted General Fund (Fund 01) Balance will be allocated with 78% allocated to SMUSD and 22% allocated to MUSD.
(1) If the 22% allocation of Unrestricted General Fund Balance to MUSD results in a MUSD fund balance of less than seven million five hundred thousand dollars ($7,500,000), an additional allocation will be provided to MUSD in the amount of seven million five hundred thousand dollars ($7,500,000) less the amount allocated to MUSD under Section 8.f.i. which shall be repaid to SMUSD as described in Section 9 of the Revenue Sharing Agreement. ii. Restricted General Fund (Fund 01) Balance will be allocated proportionately based on the location of the students generating the funds. (1) For revenues that are received for a specific student(s) or sitespecific program, which MUSD is operating, a corresponding amount of the Restricted General Fund (Fund 01) Balance will be allocated to the Successor Entity that will be providing services to the student(s) or the site-specific program.
31 OPERATIONAL TRANSFER AGREEMENT BETWEEN THE SANTA MONICA-MALIBU
UNIFIED SCHOOL DISTRICT AND THE CITY OF MALIBU
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(2) For revenues that are received for programs or purposes that are located in both the Santa Monica and Malibu areas of SMMUSD, a corresponding amount of the Restricted General Fund (Fund 01) Balance will be allocated based on the percentage of participating student enrollment, as determined through CALPADS Form 1.17 certified data in each area of SMMUSD for each restricted program in the year prior to the Separation Date.
iii. Student Body Fund (Fund 08) Balance will be allocated by school site. iv. Adult Education Fund (Fund 11) Balance will be allocated to SMUSD. v. Child Development Fund (Fund 12) Balance will be allocated to SMUSD based on the percentage of students enrolled in MUSD and SMUSD. vi. Cafeteria Fund (Fund 13) Balance will be allocated proportionally based on the percentage of students qualifying for free and reduced lunch in the respective areas of the SMMUSD as defined in Exhibit A and Exhibit B. vii. Deferred Maintenance Fund (Fund 14) Balance will be allocated proportionally based on the square footage of buildings in each area of the SMMUSD.
viii. Building Fund (Fund 21-Bonds) Balance shall be allocated based on the SFID in which the bond proceeds were generated.
ix. Capital Facilities Fund (Fund 25-Developer fees) Balance shall be allocated based on the funds collected in each area of SMMUSD to each subsequent entity serving that territory.
x. County Schools Fund (Fund 35-State Bond) Balance shall be allocated based on the school for which the funds were received.
xi. Special Reserve for Capital Outlay (Fund 40) Balance shall be allocated based on the source of the funds.
xii. Bond Interest and Redemption Fund (Fund 51) Balance shall be allocated based on the SFID in which the bond proceeds were generated. xiii. Retiree Benefits Fund (Fund 71) Balance shall be allocated based on an actuarial study as set forth in Section 8.e., to be completed as soon as possible once employee assignments are identified prior to the Separation Date and the identification of the employees that will be assigned to the respective SMUSD and MUSDs.
g. Any assets, liabilities or fund balances not identified in this Agreement or uncertainties related to asset, liability, or fund balance distribution shall be allocated proportionately between SMUSD and MUSD pursuant to the JPA’s 32 OPERATIONAL TRANSFER AGREEMENT BETWEEN THE SANTA MONICA-MALIBU
UNIFIED SCHOOL DISTRICT AND THE CITY OF MALIBU
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recommendation. Should either Party disagree with the JPA’s recommendations, that Party may invoke the Dispute Resolution Section of this Agreement at Sections 13 and 14.
9. Claims Liabilities
a. SMMUSD may be subject to claims liabilities resulting from court orders or other settlements which include both monetary considerations and provisions of services. b. To the extent such claims liabilities require provision of services for students, the requirements shall continue for such students with services provided by the entity providing educational services to the student.
c. In the event that monetary claims are unpaid as of the Separation Date, but incurred prior to separation, SMUSD and MUSD shall be responsible for these claims after separation with any liability split 88% for SMUSD, and 12% for MUSD. d. To the extent there are unidentified claims originating from prior to the Separation Date, such claims shall be administered by SMUSD on behalf of both Parties. e. Any claims liability identified in Sections 9.c. and Section 9.d. above to the extent practicable will be satisfied with procurement of insurance policies to cover the liabilities of SMMUSD.
f. To the extent commercially practicable, SMMUSD shall arrange for, and MUSD and SMUSD shall jointly fund, costs associated with insurance policies to cover legacy claims liabilities of SMMUSD.
i. The cost of such insurance policies shall be shared by SMUSD and MUSD post Separation Date with premiums and other costs allocated 88% to SMUSD and 12% to MUSD.
g. In the event that such insurance is unavailable or insufficient to cover claim liabilities of Section 9.c. and d., the Parties shall allocate and pay for any remaining balance in proportion to the Parties’ respective student enrollment at the Separation Date.
10. Reimbursement of Staff Assistance Costs
a. At times during the term of this Agreement, SMMUSD will provide support, including, but not limited to, staff time and resources, to City and MUSD Transition Team related to the data sharing obligations hereunder. When City requests such support and the SMMUSD support is unrelated to SMMUSD’s other activities related to the Unification, City shall agree to reimburse SMMUSD for any staff time and costs expended by SMMUSD staff as well as other associated costs of providing such data/information
33 OPERATIONAL TRANSFER AGREEMENT BETWEEN THE SANTA MONICA-MALIBU
UNIFIED SCHOOL DISTRICT AND THE CITY OF MALIBU
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b. City or Malibu Transition Team shall submit written requests to SMMUSD for staff assistance, and such requests shall identify the tasks to be performed with an accompanying requested timeline. SMMUSD will evaluate the request and, within five (5) business days of City’s request, SMMUSD will provide a written estimate of the staff time to be incurred to assist with City’s request. If necessary, SMMUSD can work with City to refine the request to the extent it is vague, uncertain or ambiguous or in the event that it requires additional information, but SMMUSD shall provide the estimate of staff time no later than ten (10) days after City submits its written request for staff assistance, provided City has timely explained any aspect of its request SMMUSD has deemed vague, uncertain or ambiguous. c. Upon approval of the estimate of staff time by City, SMMUSD shall track time and expenditures associated with all City-initiated requests for staffing and/or assistance through a designated project/resource code.
d. SMMUSD will submit invoices to City on a monthly basis for all approved time.
City will pay SMMUSD for that time as it accrues at the then current hourly rate for the staff time incurred. Such invoices shall be paid within 45 calendar days of submittal.
e. Notwithstanding the foregoing, no reimbursement will be required for SMMUSD’s provision of public data or records provided to City or vice versa, except as provided for in the CPRA.
f. City and SMMUSD will define and establish a mutually agreed upon means of transfer for requesting and receiving data.
11. Budgetary/Fiscal Adjustments to Operations
a. It is anticipated that prior to the Separation Date, SMMUSD shall continue to make enrollment-related budget adjustments to “right-size” operations to manage sufficient fund balances for the future SMUSD and MUSD. b. Once this Agreement, as well as the Revenue Sharing Agreement and JPA Agreement have been approved and executed by both SMMUSD and City governing bodies, the SMMUSD staff shall engage with the Malibu Transition Team whenever expenditure adjustments to Malibu School Sites are considered. c. City shall publicly support the right-sizing decisions if City agrees those decisions are in the best interest of the future MUSD.
12. Communications
a. During the Transition Period, SMMUSD and City will collaborate in the development and issuance of all press releases, or other public forms of communications, related to updates and information about the formation of the SMUSD and MUSD successor entities.
34 OPERATIONAL TRANSFER AGREEMENT BETWEEN THE SANTA MONICA-MALIBU
UNIFIED SCHOOL DISTRICT AND THE CITY OF MALIBU
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13. Dispute Resolution Before JPA Formation. In the event of a dispute arising out of the provisions of this Agreement, the Parties shall proceed in accordance with the provisions of this section including, but not limited to diligently cooperating with one another and with the person(s) appointed to resolve the dispute, if any, and shall perform such acts as may be necessary to obtain a prompt and expeditious resolution of such dispute. All disputes shall be decided in accordance with this Agreement and consistent with applicable state and federal law. If there is a dispute or difference arising out of or in connection with this Agreement, the Parties shall first attempt to resolve the dispute by convening a meeting within five (5) business days after the date that a written request for dispute resolution is submitted by one of the Parties. That meeting will include the Superintendent of SMMUSD (or the Superintendent of SMUSD, if formed), and City Manager of City (or the Superintendent of MUSD, if formed) (and/or their representative(s)). There shall be at least one meeting to attempt to resolve the dispute at this level, but the Parties may continue to negotiate in this manner until one or both Parties submits a request to JAMS Los Angeles for the appointment of a mediator. JAMS’ selection shall be final. The results of the mediation shall be final except as to questions of law as set forth in Section 14.b. below.
14. Dispute Resolution After JPA Formation. In the event of a dispute arising out of the provisions of this Agreement, the Parties shall proceed in accordance with the provisions of this section including, but not limited to diligently cooperating with one another and with the person(s) appointed to resolve the dispute, if any, and shall perform such acts as may be necessary to obtain a prompt and expeditious resolution of such dispute. All disputes shall be decided in accordance with this Agreement and consistent with applicable state and federal law. If there is a dispute or difference arising out of or in connection with this Agreement, the Parties shall first attempt to resolve the dispute by convening a meeting within five (5) business days after the date that a written request for dispute resolution is submitted by one of the Parties. That meeting will include the Superintendent of SMUSD and the Superintendent of MUSD (and/or their representative(s)). There shall be at least one meeting to attempt to resolve the dispute at this level, but the Parties may continue to negotiate in this manner until one or both Parties submits a request for Dispute Resolution by an Independent Arbiter to the JPA.
a. Dispute Resolution by an Independent Arbiter. If the dispute cannot be resolved with the Initial Dispute Resolution process, then the dispute will be submitted to an Independent Arbiter to be agreed upon by the Parties. If the Parties cannot agree on the Arbiter within fifteen (15) calendar days, the Parties shall within five (5) calendar days thereafter, request the JPA select the Independent Arbiter by a majority vote of the JPA Board. The JPA will select an Independent Arbiter and send notice to the Parties of their selection within fifteen (15) calendar days of the identity of the Independent Arbiter selected by the JPA. Within fifteen (15) calendar days of the JPA sending notice to the Parties identifying the Independent Arbiter, each party shall separately submit the following written information to the Independent Arbiter: (a) an explanation of the nature of the dispute; (b) the party’s position; (c) the dollar amount and/or financial impact of the dispute; and (d) any supporting documents the party believes will aid the Independent Arbiter in arriving at a decision. The Independent Arbiter can, but does not have to, request additional information from either party and/or the JPA and may conduct one or more 35 OPERATIONAL TRANSFER AGREEMENT BETWEEN THE SANTA MONICA-MALIBU
UNIFIED SCHOOL DISTRICT AND THE CITY OF MALIBU
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hearings. The Independent Arbiter will issue a written decision within ninety (90) calendar days of the JPA sending notice to the Parties identifying the Independent Arbiter. The decision of the Independent Arbiter shall be final except as to questions of law as set forth in Section 14.b. below.
b. Nothing in this Agreement, however, shall be construed as making final the decision of any Independent Arbiter on a question of law, which shall be settled in accordance with applicable federal and/or state law.
15. Entire Agreement/Amendment. The Agreement constitutes the entire agreement and understanding between the Parties and is a complete and exclusive statement of the terms of the Parties’ agreement regarding the subject matter hereof pursuant to California Code of Civil Procedure section 1856.
16. Attorneys’ Fees. If any legal action or proceeding is brought to enforce or interpret this Agreement, not including the Dispute Resolution described in Sections 13 and 14, each Party shall bear their own attorneys’ fees, including any such fees and costs as may be incurred in enforcing any judgment or order entered in any such action.
17. Severability. Should any part, term, or provision of this Agreement be determined by a final judgment of a court to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions or provisions will not be affected thereby.
18. Waiver. Any failure of a party to insist upon strict compliance with any term, undertaking, or condition of this Agreement shall not be deemed to be a waiver of such term, undertaking, or condition. To be effective, a waiver must be in writing, signed and dated by the Parties.
19. Representation by Counsel. The Parties acknowledge and agree that they were, or had the opportunity to be, represented individually by legal counsel with respect to the matters that are the subject of this Agreement and that they are fully advised with respect to their respective rights and obligations resulting from signing this Agreement.
20. Governing Law; Jurisdiction and Venue. This Agreement will be governed by, and construed and enforced in accordance with, the laws of the State of California, without giving effect to conflict of law provisions. Any lawsuits between the parties arising out of this Agreement will be brought and concluded in the State of California, in the County of Los Angeles, unless otherwise agreed to by the parties to the dispute.
21. Section Headings. The headings on each of the sections and subsections of this Agreement are for the convenience of the Parties only and do not limit or expand the contents of any such section or subsection.
22. Exhibits. The exhibits are hereby incorporated into and made a part of this Agreement.
23. No Assignment. Neither Party may assign this Agreement in whole or in part without the consent of the other.
36 OPERATIONAL TRANSFER AGREEMENT BETWEEN THE SANTA MONICA-MALIBU
UNIFIED SCHOOL DISTRICT AND THE CITY OF MALIBU
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IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the Effective Date set forth above.
SANTA MONICA-MALIBU UNIFIED
SCHOOL DISTRICT
By: ___________________________________
Dr. Antonio Shelton, Superintendent
Approved As To Form:
ATKINSON, ANDELSON, LOYA, RUUD &
ROMO
By: ___________________________________
David Soldani, Shareholder
CITY OF MALIBU
By: ___________________________________
Candace Bond, Interim City Manager
Approved As To Form:
BEST BEST & KRIEGER LLP
By: ___________________________________
Christine Wood, Partner
37 - 1 -
PROPERTY TAX REVENUE SHARING AGREEMENT BETWEEN THE SANTA
MONICA-MALIBU UNIFIED SCHOOL DISTRICT, REPRESENTING THE
INTERESTS OF THE FUTURE SANTA MONICA UNIFIED SCHOOL DISTRICT, AND
THE CITY OF MALIBU, REPRESENTING THE INTERESTS OF THE FUTURE
MALIBU UNIFIED SCHOOL DISTRICT
This Property Tax Sharing Agreement (“Agreement”) is entered into and effective ____, 2025 (“Effective Date”), between the Santa Monica-Malibu Unified School District (“SMMUSD”), representing the interests of the future Santa Monica Unified School District (“SMUSD”), and the City of Malibu (“City”), representing the interests of the future Malibu Unified School District (“MUSD”), hereinafter referred to as the “Parties”, and with respect to the following Recitals, which are incorporated by reference into this Agreement.
A. RECITALS
WHEREAS, SMMUSD is the current provider of transitional kindergarten through twelfth grade public education for students residing within the cities of Santa Monica and Malibu, as well as the adjacent unincorporated territory of Los Angeles County (“County”); and, WHEREAS, SMMUSD and City have agreed to pursue the formation of MUSD from territory within SMMUSD with the intention of the two resulting public school districts serving their respective communities; and,
WHEREAS, Education Code section 35511(a)(2) allows for the action to form a new unified school district from all or parts of one or more existing unified school districts; and, WHEREAS, on the Separation Date (as defined below), SMUSD will become the primary provider of transitional kindergarten through twelfth grade public education for students within the boundaries of the City of Santa Monica, California, which boundaries are reflected and included in Exhibit A, attached and incorporated in this agreement; and, WHEREAS, on the Separation Date, MUSD will become the primary provider of transitional kindergarten through twelfth grade public education for students in the City, a portion of the City of Westlake Village, and contiguous adjacent unincorporated territory of Los Angeles County, which boundaries are reflected and included in Exhibit B, attached and incorporated in this agreement; and,
WHEREAS, on June 6, 1978, the voters of the State of California amended the California Constitution by adding Article XIIIA (commonly referred to as Proposition 13), which limited the total amount of property taxes which could be levied on property by local taxing agencies having such property within their territorial jurisdiction to one percent (1%) of assessed value of such property; and,
WHEREAS, a portion of the one percent (1%) property tax revenues allocated within the boundaries of SMMUSD has, by law, been used to provide funding for educational programs since 1978 in SMMUSD; and,
Attachment 3
38 PROPERTY TAX REVENUE SHARING AGREEMENT BETWEEN THE
SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT AND THE CITY OF MALIBU - 2 -
WHEREAS, SMMUSD is currently a community-funded school district, also known as a “Basic Aid District,” whereby SMMUSD receives a majority of its general, unrestricted funding from local property taxes because local property taxes exceed the State of California’s (“State” or “California”) guaranteed per-student funding amount as calculated through the Local Control Funding Formula (“LCFF”) and is, therefore, allowed to retain all of the allotted property tax revenues; and,
WHEREAS, it is anticipated, but not certain, that both SMUSD and MUSD will each be Basic Aid Districts on the Separation Date and thereafter, whereby they will receive, under current State law, a majority of their general, unrestricted funding from local property taxes; and, WHEREAS, the Parties agree that SMUSD and MUSD shall be allocated a sufficient share of funding to provide for a similar level of service at each school site as delivered by SMMUSD in the fiscal year prior to the Separation Date; and,
WHEREAS, SMMUSD and City enter into this Agreement based on a desire to set forth and agree upon a fair and equitable approach to the creation of two separate unified school districts and the division of real property tax revenue currently derived from the territory of SMMUSD and now allocated for educational services to SMMUSD; and,
WHEREAS, California Revenue and Taxation Code section 99 provides a description for the reallocation of the property tax revenue when a jurisdictional change occurs that will alter the service area or service responsibility of a local agency that can be utilized by the Los Angeles County Auditor-Controller to calculate the amount of property taxes that would be allocated to SMUSD and MUSD based on the Tax Rate Areas within each agency’s boundaries; and, WHEREAS, the allocation of tax revenues is subject to negotiation per Revenue and Taxation Code section 99(i); and is otherwise allocated by district territory; and, NOW, THEREFORE, the Parties agree as follows:
B. DEFINITIONS
1. For the purposes of this Agreement, and unless otherwise defined herein, the following terms shall have the meaning(s) set forth below:
a. “Annual Calculation Date” shall mean the date by which the calculations to determine the Property Tax Transfer Amount are completed each fiscal year, which shall be no later than October 15.
b. “Base Year” shall mean the fiscal year commencing on the Separation Date. c. “CALPADS Form 1.17” shall mean a report of the data filed annually with the State of California Department of Education through the California Longitudinal Pupil Achievement Data System by which annual enrollment figures are certified. d. “Fiscal Year” shall mean the 12-month period from July 1 until the next following June 30.
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e. “Growth Factor” shall be the annual increase in SMUSD Funding Target which shall be 1.04, unless the Parties have mutually agreed to modification of this amount, with allowable modifications constrained to less than 1.04, but more than
1.00. f. “JPA” shall mean a Joint Powers Authority formed to execute the terms of this Agreement.
g. “Malibu School Sites” shall mean the schools currently operated by SMMUSD within the MUSD Boundaries, specifically the following campuses: Malibu High School (CDS 19-64980-1995737), Malibu Middle School (CDS 19-64980- 0139311), Malibu Elementary School (CDS 19-64980-6022602), Webster Elementary School (CDS 19-64980-6022636), whereby “CDS” refers to the California Public School Directory’s County-District-School code for each school site. “MUSD Boundaries” shall mean the territory to be served by MUSD after the Separation Date that was previously part of the boundaries of SMMUSD, including the City, a portion of the City of Westlake Village, and contiguous adjacent unincorporated territory of Los Angeles County, as shown on the map in Exhibit B. h. “MUSD Enrollment” for a particular year shall mean the total student enrollment as reported by the California Department of Education through CALPADS from the first Wednesday of October of such school year for the Malibu School Sites. i. “Object Code” shall mean the four (4) digit code as defined in SACS for Local Educational Agencies (“LEA”) and that identifies the type of revenue received or expenditure made by an LEA.
j. “Operational Transfer Agreement” shall mean that certain agreement entered into between SMMUSD and City to provide the framework for how the Parties will work together during the time preceding the formation of the future MUSD. k. “Per Pupil Cost Differential” shall equal $600 per MUSD pupil. l. “Per Pupil Funding Need” shall be the difference between the SMUSD Target Per Pupil Revenue and the SMUSD Per Pupil Revenue.
m. “Prior Year” with respect to a particular year, shall mean the immediately preceding 12 month period from July 1 through the next following June 30 before the Fiscal Year.
n. “Projected Revenue Percentage Increase” shall be the percentage increase applied to individual revenue object codes for purposes of projecting revenues as demonstrated in Exhibits D1 and D2.
o. “Property Tax Transfer Amount” shall mean the amount of property tax revenues transferred from MUSD to SMUSD pursuant to the calculations described in Sections 5 and 6 of this Agreement.
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p. “Property Tax Transfer Calculation” shall mean the calculations set forth in Sections 5 and 6 of this Agreement used to determine the Property Tax Transfer Amount.
q. “Resource Code” shall mean the four-digit code as defined in SACS for LEAs and that identifies the source of revenue received.
r. “SACS” is the State of California’s Standardized Account Code Structure, defining statewide Object Codes, Resource Codes, and other reporting conventions for LEAs.
s. “Santa Monica School Sites” shall mean the schools operated by the SMMUSD within the SMUSD Boundaries, specifically the following campuses: Edison Elementary School (CDS 19-64980-6022545), Franklin Elementary School (CDS 19-64980-6022552), Grant Elementary School (CDS 19-64980-6022560), McKinley Elementary School (19-64980-6022594), John Muir Elementary School (CDS 19-64980-6022578), Will Rogers Elementary School (CDS 19-64980- 6022644), Roosevelt Elementary School (CDS 19-64980-6022610), Santa Monica Alternative School House (CDS 19-64980-6093538), John Adams Middle School (CDS 19-64980-6058531), Lincoln Middle School (CDS 19-64980-6061659), Olympic High School (CDS 19-64980-1933373), and Santa Monica High School (CDS 19-64980-1938000).
t. “Separation Date” shall mean the 1st of July in the year whereby the separate MUSD and SMUSD become officially operational as authorized by the California Department of Education.
u. “SMMUSD Enrollment” for a particular year shall mean the total student enrollment as reported by the California Department of Education through CALPADS as of the first Wednesday of October of such school year until Separation.
v. “SMUSD Boundaries” shall mean the territory to be served by SMUSD after the Separation Date, which was previously part of the boundaries of SMMUSD, including the City of Santa Monica, as shown on the map in Exhibit A. w. “SMUSD Enrollment” for a particular year shall mean the total student enrollment as reported by the California Department of Education through CALPADS from the first Wednesday of October of each school year for the Santa Monica School Sites.
x. “SMUSD Funding Target” shall be the Unrestricted General Fund Revenues provided to SMUSD in a given year as determined in Sections 5 and 6 of this agreement, prior to and adjustments pursuant to Sections 7, 8, 9 and 10 of this agreement.
y. “SMUSD Target Per Pupil Revenue” shall mean the revenue funding target for SMUSD as calculated in Section 5 in this Agreement.
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z. “Tax Rate Area” shall mean a geographical area comprised of a unique combination of taxing jurisdiction, including a city, county, school district, and special district. aa. “Unrestricted General Fund Revenues” shall mean the sum of Fund 01 - General Fund Unrestricted Revenues reported in Object Codes 8010 through 8799 and Resource Codes 0000 through 1999 of the Unaudited Actual Financial Statements as prepared in accordance with SACS.
bb. “Unaudited Actual Financial Statements” shall mean the annual financial statements prepared and reported to the California Department of Education, which reflect the actual financial activities of the applicable school district for a Fiscal Year.
cc. “Unification” shall mean dissolution of the SMMUSD and the formation of the SMUSD and MUSD.
C. AGREEMENT
1. Effect of Recitals. The foregoing Recitals are incorporated by reference into this Agreement.
2. Calculation of Property Tax Revenues. SMMUSD currently receives property tax revenues derived from one hundred and three (103) Tax Rate Areas, eleven (11) of which will be in the SMUSD Boundaries and ninety-two (92) of which will be in the MUSD Boundaries.
The property tax revenues generated within the Tax Rate Areas within SMUSD Boundaries will be distributed to SMUSD after the Separation Date and, likewise, the property tax revenues generated within the Tax Rate Areas of MUSD Boundaries will be distributed to MUSD after the Separation Date. The property tax allocation will be calculated in the following manner:
a. In the Base Year, the Parties will request that the Los Angeles County Assessor (“Assessor”) prepare a report which identifies the Base Year assessed valuations for the territory that is subject to the jurisdictional change and the related Tax Rate Areas.
b. Using the report prepared by the Assessor pursuant to Section 2.a., the Parties shall request that the Los Angeles County Auditor-Controller (“Auditor-Controller”) estimate the amount of property tax revenue generated within the territory that is the subject of the jurisdictional change.
c. The Parties will request that the Auditor-Controller provide an estimate of what proportion of the property tax revenue determined pursuant to Paragraph 2(b) is attributable to either MUSD or SMUSD, pursuant to Revenue and Taxation Code sections 96.1 and 96.5.
3. Distribution of Property Tax Revenues. Upon Unification, the property tax revenues of the former SMMUSD will be redistributed to SMUSD and to MUSD as provided herein. The school district share of property tax revenues generated from the Tax Rate Areas within 42 PROPERTY TAX REVENUE SHARING AGREEMENT BETWEEN THE
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MUSD Boundaries, as defined in Exhibit B, will be permanently allocated to MUSD.
Likewise, the school district share of property tax revenues generated from Tax Rate Areas within the boundaries of SMUSD, as defined in Exhibit A, will be permanently allocated to SMUSD.
4. Sharing of Property Tax Revenues. The Parties have agreed to share property tax revenues in the following manner.
a. For the Base Year, a calculation will be completed by the JPA to determine the Property Tax Transfer Amount pursuant to Section 5 hereof. b. In each subsequent Fiscal Year after the Base Year, the Property Tax Transfer Amount will be calculated by the JPA on the Annual Calculation Date pursuant to Section 6 hereof.
5. Base Year Property Tax Transfer Amount Calculation. By October 15, immediately following the Separation Date, the following calculation shall be completed by the JPA to determine the Base Year Property Tax Transfer Amount.
a. Calculate the Base Year SMUSD Target Per Pupil Revenue by completing the following calculation:
i. Identify the “SMMUSD Unrestricted General Fund Revenues” in the Fiscal Year prior to the Separation Date by totaling unrestricted revenues in Object Codes 8010 through 8799 of the SMMUSD Unaudited Actual Financial Statements and apply adjustments to negate one-time revenues, education foundation revenues, Measure GS (2022) revenues, revenues of any new local tax or fee approved to provide additional services to students excluding measure specifically sought to replace existing local revenue sources, and non-monetary accounting adjustments and accruals, as demonstrated in Step 1 of Exhibit C and delineated in Exhibit D. (1) The property tax revenues as identified in Object Codes 8041 through 8048 shall be provided by the Auditor-Controller utilizing the amount provided in Sections 2 and 3 of this Agreement. ii. Multiply the SMMUSD Unrestricted General Fund Revenues in the Fiscal Year prior to the Separation Date, calculated in Section 5.a.i., by the Growth Factor to determine the “Base Year SMMUSD Unrestricted General Fund Revenues”, as demonstrated in Step 2 of Exhibit C.
iii. Divide the Base Year SMMUSD Unrestricted General Fund Revenues, as calculated in Section 5.a.ii., by the SMMUSD Enrollment in the Fiscal Year prior to the Separation Date, to determine the “SMMUSD Unadjusted Per Pupil Revenue”, as demonstrated in Step 3 of Exhibit C. 43 PROPERTY TAX REVENUE SHARING AGREEMENT BETWEEN THE
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iv. Deduct the Per Pupil Cost Differential from the SMMUSD Unadjusted Per Pupil Revenue to establish the “Adjusted Per Pupil Revenue”, as demonstrated in Step 4 of Exhibit C.
b. Calculate the “SMUSD Computed Enrollment” in the last Fiscal Year before the Separation Date (capped at 88% of SMMUSD Enrollment for the last Fiscal Year before the Separation Date) by completing the following calculation:
i. Subtract the MUSD Enrollment in the Fiscal Year prior to Unification from the SMMUSD Enrollment in the Fiscal Year prior to Unification to determine the prior Fiscal Year SMUSD Enrollment, as demonstrated in Step 5 of Exhibit C.
ii. Divide the prior Fiscal Year SMUSD Enrollment by the SMMUSD Enrollment in the Fiscal Year prior to Unification, as demonstrated in Step 6 of Exhibit C.
iii. If the quotient expressed as a percentage computed in Section 5.b.ii., exceeds 88.0%, set the SMUSD Enrollment as Percentage of SMMUSD Enrollment to 88.0%, otherwise, set the SMUSD Enrollment as a percentage of SMMUSD Enrollment to the quotient computed in Section
5.b.ii., as demonstrated in Step 7 of Exhibit C.
iv. Multiply the SMMUSD Enrollment in the Fiscal Year prior to Unification by the percentage of SMMUSD Enrollment computed in Section 5.b.iii. to calculate the SMUSD Computed Enrollment in the last Fiscal Year before the Separation Date, as demonstrated in Step 8 of Exhibit C. c. Calculate the “SMUSD Funding Target” by completing the following calculation:
i. Multiplying the Adjusted Per Pupil Revenue, as calculated in Section 5.a.iv., by the SMUSD Computed Enrollment to establish the Base Year SMUSD Funding Target, as demonstrated in Step 9 of Exhibit C. d. Determine the Base Year Property Tax Transfer Amount by completing the following calculation, as shown in Exhibit C:
i. Allocate all SMMUSD Unrestricted General Fund Revenues, as identified in the SMMUSD Unaudited Actual Financial Statements for the Fiscal Year prior to the Separation Date, between SMUSD and MUSD based on the following, as shown in Exhibit D1:
(1) State Aid (Object Code 8011) shall be allocated between entities by such entities’ share of total enrollment, capped at a maximum of
88.0% to SMUSD.
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(2) Education Protection Account (Object Code 8012) shall be allocated between entities by such entities’ share of total enrollment, capped at a maximum of 88.0% to SMUSD.
(3) Property Tax Sources (Object Codes 8021-8048) shall be allocated to the territory in which the revenues are generated based upon calculations provided by the Auditor-Controller.
(a) Prior Year Taxes (Object Code 8043) shall be excluded from this calculation.
(4) LCFF Transfers (Object Code 8096) shall be excluded from this calculation.
(5) Federal Revenues (Object Code 8290) shall be allocated between entities by such entities’ share of total enrollment, capped at a maximum of 88.0% to SMUSD.
(6) Other State Revenues (Object Codes 8500-8590), shall be appropriated as ongoing revenues, allocated between entities by such entities’ share of total enrollment, capped at a maximum of
88.0% to SMUSD, excluding one-time State allocations.
(7) Parcel Taxes (Object Code 8621) shall be allocated based on location of the parcels.
(8) Sales (Object Codes (8630-8639) shall be excluded from this calculation.
(9) Leases (Object Code 8650) of SMUSD retained property shall be allocated to SMUSD. Leases (Object Code 8650) of MUSD retained property shall be allocated to MUSD.
(10) Interest (Object Code 8660) shall be allocated between entities by such entities’ share of total enrollment, capped at a maximum of
88.0% to SMUSD.
(11) Transportation Fees (Object Code 8675) shall be allocated to MUSD.
(12) Other Local Revenues (Object Codes 8699) shall be allocated based on the geographic source of funds.
(a) Measure Y/GSH, Santa Monica Joint Use shall be allocated to SMUSD.
(b) Malibu Joint Use shall be allocated to MUSD.
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(c) Other Local Revenues that are ongoing in nature shall be allocated based on the source of the revenue.
(d) Remaining Other Local Revenues that are one time in nature and revenues received from the Santa Monica and
Malibu Education Foundations shall be excluded from this calculation.
ii. Determine the projected SMUSD Unrestricted General Fund Revenues by adding together all unrestricted General Fund revenues in Object Codes 8010 through 8799 (excluding Object Code 8043, Prior Year Taxes) allocated to SMUSD based on the Unaudited Actual Financial Statements as identified in Section 5.d.i. and increase such revenues based on the Projected Revenue Percentage Increase set forth in Exhibit D1, and demonstrated as Step 10 of Exhibit C.
iii. Divide the SMUSD Unrestricted General Fund Revenues as identified in Section 5.d.ii. by the SMUSD Enrollment in the Fiscal Year commencing with the Separation Date to determine the Base Year SMUSD Per Pupil Revenue, as demonstrated in Step 11 of Exhibit C.
iv. Divide the Base Year SMUSD Funding Target, as calculated in Section
5.c.i., by the SMUSD Enrollment in the Fiscal Year commencing with the Separation Date to determine the Base Year SMUSD Target Per Pupil Revenue, as demonstrated in Step 12 of Exhibit C.
v. Subtract the Base Year SMUSD Per Pupil Revenue, from Section 5.d.iii., from the Base Year SMUSD Target Per Pupil Revenue, from Section 5.d.iv., to determine Base Year Per Pupil Funding Need, as demonstrated in Step 13 of Exhibit C.
vi. If the Base Year Per Pupil Funding Need is positive, multiply the Base Year Per Pupil Funding Need by the SMUSD Enrollment for the current year to determine the Base Year Property Tax Transfer Amount, as demonstrated in Step 14 of Exhibit C.
(1) If the Base Year Per Pupil Funding Need is negative, the Base Year Property Tax Transfer Amount shall be $0.
6. Annual Property Tax Transfer Calculation. Beginning in the first Fiscal Y following the Base Year, the following calculation shall be completed on each Annual Calculation Date to determine the Annual Property Tax Transfer Amount:
a. Divide the Prior Year SMUSD Funding Target by the Prior Year SMUSD Enrollment to determine the SMUSD “Actual Per Pupil Revenue”, as demonstrated in Step 1 of Exhibit E.
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b. Multiply the Prior Year SMUSD Funding Target by the Growth Factor to establish the current Fiscal Year SMUSD Funding Target, as demonstrated in Step 2 of Exhibit E.
c. Divide the current Fiscal Year SMUSD Funding Target by the current Fiscal Year SMUSD Enrollment to establish the current year SMUSD Target Per Pupil Revenue, as demonstrated in Step 3 of Exhibit E.
d. Determine the projected SMUSD Unrestricted General Fund Revenues by adding together all unrestricted General Fund revenues in Object Codes 8010 through 8799 as identified in the prior Fiscal Year Unaudited Actual Financial Statements of SMUSD, in the same manner identified in Section 5.d.i. in Exhibit D2, and increase such revenues based on the Projected Revenue Percentage Increase as set forth in Exhibit D2, and demonstrated as Step 4 of Exhibit E.
i. The property tax revenues as identified in Object Codes 8041 through 8048 shall be provided by the Auditor-Controller each year.
ii. Any new, on-going revenue source not explicitly identified in Exhibit D2 at the time of execution of this Agreement shall be excluded from the SMUSD Unrestricted General Fund Revenues, except for any revenues intended to replace all or part of an existing, on-going revenue stream previously received by SMUSD as such intent is expressed in the implementing resolution and/or ballot measure which shall be identified in Exhibit D2. iii. Santa Monica Education Foundation revenues shall be excluded from the SMUSD Unrestricted General Fund Revenues.
e. Divide the SMUSD Unrestricted General Fund Revenues by the current year SMUSD Enrollment as identified in the most recently available CALPADS Form
1.17 to determine the “SMUSD Actual Per Pupil Revenue”, as demonstrated in Step 5 of Exhibit E.
f. Subtract the current year SMUSD Actual Per Pupil Revenue from the SMUSD Target Per Pupil Revenue to determine the Per Pupil Funding Need, as demonstrated in Step 6 of Exhibit E.
g. If the current year Per Pupil Funding Need is positive, multiply the Per Pupil Funding Need by the SMUSD Enrollment as identified in the most recently available CALPADS Form 1.17 to determine the Property Tax Transfer Amount, as demonstrated in Step 7 of Exhibit E.
i. If the current year Per Pupil Funding Need is negative, the Property Tax Transfer Amount shall be $0.
h. In the event that there is a delay in the computation of the Property Tax Transfer Amount by the Annual Calculation Date, the Property Tax Transfer Amount for that 47 PROPERTY TAX REVENUE SHARING AGREEMENT BETWEEN THE
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Fiscal Year shall initially be set at an amount equal to the Property Tax Transfer Amount for the immediately prior Fiscal Year.
7. Changes to Other Local Revenue Sources. In the event there is a permanent or temporary reduction or elimination of one or more of the Other Local Revenue Sources in Object Code 8699, and as identified in Exhibits D1 at the time of the execution of this Agreement, a proportionate adjustment shall be applied to MUSD’s Property Tax Transfer Amount.
The Property Tax Transfer Amount owed by MUSD shall be adjusted as follows, as demonstrated in Exhibit F:
a. In the Fiscal Year of the change to Other Local Revenue Sources, the proportionate adjustment shall be calculated by multiplying the amount of the change to the Other Local Revenue by 12%. This shall be added to the amount determined by the Annual Property Tax Transfer Calculation which is based on the Projected Revenue Percentage Increase agreed upon by the Parties as identified in Exhibit D1. i. Example: if SMUSD’s Joint Use Lease Funding is reduced in the amount of eight million dollars ($8,000,000), MUSD’s Property Tax Transfer Amount shall be increased by nine hundred and sixty thousand dollars ($960,000).
b. Once the change in Other Local Revenue Sources is reflected in the Unaudited Actual Financial Statements, in all other Fiscal Years subsequent to a change in Other Local Revenue Sources, as identified in Section 7.a., the proportionate adjustment shall be calculated by multiplying the amount of the change by 88%.
This shall be subtracted from the amount determined (Step 7 of Exhibit E) by the Annual Property Tax Transfer Calculation which is based on the Projected Revenue Percentage Increase agreed upon by the Parties as identified in Exhibit D1. i. Example: if SMUSD’s Joint Use Lease Funding was reduced in the amount of eight million dollars ($8,000,000), MUSD’s Property Tax Transfer Amount shall be reduced by seven million forty thousand dollars ($7,040,000).
ii. Once the proportionate adjustment amount has been established, the credit would continue annually, adjusting for inflation at the rate set forth for the identified revenue source in Exhibit D1, until all or a portion of the revenue source is re-instated back to its historical basis at the time of the original loss in revenue. If a portion of the revenue source is re-instated, the adjustment will be reduced proportionately, in accordance with this section of the agreement, as demonstrated in Exhibit F.
8. Other Loss of Other Local Revenue Sources. If there is a loss to Other Local Revenue Sources of SMUSD, not previously identified in Section 7, that exceeds 20% of the prior Fiscal Year receipts for that line item, there shall be an accounting performed by an independent financial professional engaged and funded by the JPA that compares the previous years’ calculations with the current year calculations described in Sections 5 and 48 PROPERTY TAX REVENUE SHARING AGREEMENT BETWEEN THE
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6. The accounting shall include an evaluation of how new local revenues are categorized and included and whether there is evidence of the Parties intent that such new local revenues replace the prior local revenue source identified in Exhibit D1. a. Any subsequent corrections identified by the accounting and agreed to by the Parties shall be applied to the true-up calculation, as described below in Section 10. b. If one or both of the Parties disagree with the independent accounting, the Parties shall follow the Dispute Resolution clause of this Agreement found at Section 14.
9. Fund Balance Allocation Adjustments. To maintain an adequate projected minimum General Fund Balance for MUSD in the initial years subsequent to Unification, the Property Tax Transfer Amount owed by MUSD shall be adjusted as follows, and as demonstrated in Exhibit G.
a. To the extent that the initial allocation of Unrestricted General Fund Balance transfer to MUSD, as described in Section 8.f.i.1. of the OTA, exceeds 22% of total SMMUSD Fund Balance on its final day of operations, a credit for any allocation to MUSD in excess of 22% of total SMMUSD Fund Balance shall be repaid to SMUSD pursuant to Section 9.c. of this agreement.
b. Commencing in the second year of MUSD operations as an independent school district, to maintain minimum fund balance levels for MUSD through its first five years of operations, should the prior Fiscal Year Property Tax Transfer Amount exceed 42.5% of total MUSD LCFF Revenues as computed prior to any revenue sharing for that same Fiscal Year, there shall be an adjustment to the Property Tax Transfer Amount in the next subsequent Fiscal Year through and including sixth year after Unification as follows:
i. If after the completion of each of the first five fiscal years after Unification, the Property Tax Transfer Amount required for the first year of SMUSD operations exceeded 42.5% of the LCFF Revenues of MUSD, the property tax sharing amount for the next subsequent Fiscal Year shall be reduced by the amount by which the Prior Year Property Tax Transfer Amount exceeded
42.5% of MUSD LCFF Revenues.
c. Repayment of Fund Balance Allocation.
i. To the extent that the initial allocation of Unrestricted General Fund Balance allocated by SMMUSD to MUSD, as described in Section 8.f. of the Operational Transfer Agreement, results in an allocation in excess of 22% of the SMMUSD Unrestricted General Fund Balance, the amount in excess of 22% shall be repaid by MUSD to SMUSD as an adjustment to the Property Tax Transfer Amount commencing in the 10th year of operations after Unification, through the Fiscal Year ending June 30, 2042. ii. To the extent that adjustments were made to the annual Property Tax Transfer Amount pursuant to Section 9.c., the sum of all such adjustments 49 PROPERTY TAX REVENUE SHARING AGREEMENT BETWEEN THE
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made shall be repaid by MUSD to SMUSD as an adjustment to the Property Tax Transfer Amount commencing in the 10th year of operations after Unification, through the Fiscal Year ending June 30, 2042. iii. The sum of any adjustments to the Property Tax Transfer Amount as described in Sections 9.a., 9.b and 9.c. shall be repaid by MUSD to SMUSD as an adjustment to the Property Tax Transfer Amount in equal annual installments commencing in the 10th year of operations after Unification, through the Fiscal Year ending June 30, 2042.
iv. Any sum to be repaid per Section 9.d.iii. shall include interest. Interest on such sums shall accrue monthly at the Los Angeles County Pooled Surplus Investments Portfolio Earnings Rate as published in the Los Angeles County Treasurer’s Report of Investments. Interest shall be compounded and computed on all sums owed to SMUSD through full repayment.
10. True-Up Calculations and Payments. On October 15 of each Fiscal Year, and each subsequent Fiscal Year thereafter, the actual revenues from the Prior Year, as provided in the Unaudited Actual Financial Statements, shall be used to true-up the Annual Property Tax Transfer Calculation. Any adjustments to the prior Fiscal Year Property Tax Transfer Amount based on actual revenues shall be made in the current Fiscal Year. a. Adjustment may be made to true-up for prior Fiscal Year if the annual audit report includes an audit adjustment to be booked for Prior Year unrestricted revenue. b. On October 15 of the second Fiscal Year after Unification, in addition to Section
8.a., the Base Year Property Tax Transfer Calculation shall be recomputed utilizing actual certified CALPADS Form 1.17 for the Base Year applied to the Prior Year SMUSD Funding Target for the second Fiscal Year following Unification. i. Any adjustments to the Property Tax Transfer Amount shall be made in the current Fiscal Year.
11. Property Tax Revenue Transfer. The Property Tax Transfer Amount shall be computed by the JPA no later than October 15 of each Fiscal Year and provided to the Auditor-Controller.
The Auditor-Controller will re-allocate property taxes from MUSD to SMUSD and distribute the Property Tax Transfer Amount twice annually, in the same manner as the County of Los Angeles Property Tax Assessor’s Office distributes property tax revenues to other public entities receiving property tax in the County. It is anticipated that such allocations will occur in December and April of each year.
12. Termination.
a. Early Termination. The calculation described in Section 6 of this Agreement shall be completed each Fiscal Year on the Annual Calculation Date. If the calculation yields a result that requires no portion of property tax from MUSD tax rate areas to be transferred to SMUSD from the County Assessor for a period of three (3) consecutive years, and any accrued or deferred Property Tax Transfer amounts have 50 PROPERTY TAX REVENUE SHARING AGREEMENT BETWEEN THE
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been fully repaid with interest, in accordance with Section 9.c.iv., of this Agreement, the Agreement automatically terminates, i.e., no additional calculations or payments will be made.
b. In the event that there is no Property Tax Transfer from MUSD to SMUSD in the 2041-42 Fiscal Year, the Agreement shall automatically terminate on June 30, 2042. c. In the event that a Property Tax Transfer Amount from MUSD to SMUSD occurs in the 2041-42 Fiscal Year, payments will be tapered off over the course of either a Five-Year Termination Period or a Ten-Year Termination Period, each as described below.
i. Five-Year Termination Period. If the Property Tax Transfer Amount in the 2041-42 Fiscal Year is greater than zero dollars ($0) but less than five million dollars ($5,000,000), the Property Tax Transfer Amount shall be calculated as described in Section 6 and shall be reduced by twenty percent (20%) in the 2042-43 Fiscal Year, forty percent (40%) in the 2043-44 Fiscal Year, sixty percent (60%) in the 2044-45 Fiscal Year, sixty percent (80%) in the 2045-46 Fiscal Year, and terminating in the 2046-47 Fiscal Year. (1) For example, in the 2042-43 Fiscal Year, the reduction is twenty percent (20%) of the Property Tax Transfer Amount calculated in Section 6. In the 2043-44 Fiscal Year, the reduction is forty percent (40%) of the Property Tax Transfer Amount calculated in Section 6.
In the 2044-45 Fiscal Year, the reduction is sixty percent (60%) of the Property Tax Transfer Amount calculated in Section 6. This annual twenty percent (20%) reduction will continue until the 2046- 47 Fiscal Year, at which time the reduction will be one hundred percent (100%) and the Property Tax Transfer Amount will be $0. (2) If the calculation described in Section 6 results in a Property Tax Transfer of zero dollars ($0) for any Fiscal Year covered by Section
12.c.i.1., and any accrued or deferred Property Tax Transfer amounts have been fully repaid with interest, in accordance with Section
9.c.iv., of this Agreement, the Agreement shall terminate, i.e., no additional calculations or payments will be made. This termination applies to any Fiscal Year during the Five-Year Termination Period. ii. Ten-Year Termination Period. If the Property Tax Transfer Amount in the 2041-42 Fiscal Year is five million dollars ($5,000,000) or more, the Property Tax Transfer Amount shall be calculated as described in Section 6 and shall be reduced by ten percent (10%) in the 2042-43 Fiscal Year, twenty percent (20%) in the 2043-44 Fiscal Year, thirty percent (30%) in the 2044-45 Fiscal Year, forty percent (40%) in the 2045-46 Fiscal Year, fifty percent (50%) in the 2046-47 Fiscal Year, sixty percent (60%) in the 2047- 48 Fiscal Year, seventy percent (70%) in the 2048-49 Fiscal Year, eighty 51 PROPERTY TAX REVENUE SHARING AGREEMENT BETWEEN THE
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percent (80%) in the 2049-50 Fiscal Year, ninety percent (90%) in the 2050- 51 Fiscal Year, and terminating in the 2051-52 Fiscal Year. (1) For example, in the 2042-43 Fiscal Year, the reduction is ten percent (10%) of the Property Tax Transfer Amount calculated in Section 6.
In the 2043-44 Fiscal Year, the reduction is twenty percent (20%) of the Property Tax Transfer Amount calculated in Section 6. In the 2044-45 Fiscal Year, the reduction is thirty percent (30%) of the Property Tax Transfer Amount calculated in Section 6. This annual ten percent (10%) reduction will continue until the 2051-52 Fiscal Year, at which time the reduction will be one hundred percent (100%) and the Property Tax Transfer will be $0.
(2) If the calculation described in Section 6 results in a Property Tax Transfer of zero dollars ($0) for any Fiscal Year covered by Section 12c.ii.1., and any accrued or deferred Property Tax Transfer amounts have been fully repaid with interest, in accordance with Section
9.c.iv, of this Agreement, the Agreement shall terminate, i.e., no additional calculations or payments will be made. This termination applies to any Fiscal Year during the Ten-Year Termination Period.
13. Recommendations for Modifications to the Calculations. If an unforeseen event occurs, it is the intent of the Parties to identify and implement protections where unforeseen changes in revenues significantly impact either Party. There are two (2) such conditions identified by the Parties: Significant Variance and Significant Change in Per Pupil Funding. a. Significant Variance. A “Significant Variance” occurs when there is an unforeseen change in revenue, including but not limited to: natural disasters, changes in State law, acts of God, or changes in Federal funding affecting how California school districts are funded, including, but not limited to, the collection of property taxes distributed to public school districts, and/or changes to the amount of Local Revenues collected by the Parties.
i. If any of the events described in Section 13.a. occur and there is a resulting significant variance in the Property Tax Transfer Amount, as defined below in Section 13.a.i.1., then the remedy defined in Section 13.c. shall occur. (1) For MUSD, a Significant Variance occurs when the methodology in Exhibits C, D1, D2, or E of this agreement results in a Property Tax Transfer Amount that exceeds the following:
(a) For the Base Year, the significant variance is defined by any contribution greater than 42.5% of the LCFF Revenues of MUSD.
(b) For each Fiscal Year after the Base Year, the significant variance is defined by a change from the prior Fiscal Year’s 52 PROPERTY TAX REVENUE SHARING AGREEMENT BETWEEN THE
SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT AND THE CITY OF MALIBU - 16 -
Property Tax Transfer Amount beyond 3.5% of the prior
year Property Tax Transfer Amount.
b. Significant Change in Per Pupil Funding. When the calculation set forth in Section 6 results in a Property Tax Transfer Amount that would significantly impact the educational program delivery to students by reducing per pupil revenue, as set forth in Section 13.b.i. below, in any given Fiscal Year due to circumstances beyond the control of the SMUSD Board or administration, then the remedy defined in Section
13.c. shall occur.
i. For SMUSD, a Significant Change in Per Pupil Funding occurs if the financial modeling under Exhibits C, D1, D2, or E of this Agreement results in SMUSD Target Per Pupil Revenue growth of less than two percent (2%) over the immediate prior Fiscal Year SMUSD Actual Per Pupil Revenue. c. Remedy. If there is a Significant Variance or a Significant Change in Per Pupil Funding for either Party, as defined above, then the JPA shall analyze the cause(s) of the Significant Variance and/or Significant Change in Per Pupil Funding, the anticipated duration and other relevant factors and shall develop non-binding recommendations for adjustments to Section 5 and Section 6 of this Agreement based on the guiding principles that no student is harmed, considering the revenues identified in Exhibit D1 and/or D2. After review of the non-binding recommendations, should either Party disagree on whether and/or how to implement the recommendations and/or if the Parties cannot otherwise arrive at a mutually agreeable adjustment, then either Party may utilize the Dispute Resolution process in Section 14. Prior to a resolution of the dispute, revenue sharing shall continue consistent with the terms and conditions set forth in this Agreement.
14. Dispute Resolution. In the event of a dispute, the Parties shall proceed in accordance with the provisions of this section including, but not limited to, diligently cooperating with one another and with the person(s) appointed to resolve the dispute, if any, and shall perform such acts as may be necessary to obtain a prompt and expeditious resolution of such dispute. All disputes shall be decided in accordance with this Agreement and consistent with applicable state and federal law.
a. Initial Dispute Resolution. If there is a dispute arising out of or in connection with this Agreement, the Parties shall first attempt to resolve the dispute by convening a meeting within five (5) business days after the date that a written request for dispute resolution is submitted by one of the Parties. That meeting will include the Superintendents of each Party (and/or their representative(s)) and may include no more than three JPA Directors; one SMUSD appointee, one MUSD appointee, and the mutually-selected seventh director.as well as the JPA Treasurer. There shall be at least one meeting to attempt to resolve the dispute at this level, but the Parties may continue to negotiate in this manner until one or both Parties submits a request for Dispute Resolution by an Independent Arbiter to the JPA who shall have no connection to either SMUSD or MUSD.
53 PROPERTY TAX REVENUE SHARING AGREEMENT BETWEEN THE
SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT AND THE CITY OF MALIBU - 17 -
b. Dispute Resolution by an Independent Arbiter. If the dispute cannot be resolved with the Initial Dispute Resolution process, then the dispute will be submitted to an independent arbiter to be agreed upon by the Parties. If the Parties cannot agree on the independent arbiter within fifteen (15) calendar days, the Parties shall within five (5) calendar days thereafter, request the JPA select the independent arbiter by a majority vote of the JPA Directors. The arbiter selected through this method is hereinafter referred to as the “Independent Arbiter”. The JPA will select an Independent Arbiter and send notice to the Parties of their selection within fifteen (15) calendar days of the identity of the Independent Arbiter selected by the JPA.
Within fifteen (15) calendar days of the JPA sending notice to the Parties identifying the Independent Arbiter, each party shall separately submit the following written information to the Independent Arbiter: (a) an explanation of the nature of the dispute; (b) the Party’s position; (c) the dollar amount and/or financial impact of the dispute; and (d) any supporting documents the Party believes will aid the Independent Arbiter in arriving at a decision. In addition to the Parties and their representatives, participants in this stage of the process may also include no more than three JPA Directors; one MUSD appointee, one SMUSD appointee and the mutually-selected seventh Director. The Independent Arbiter can, but does not have to, request additional information from either party and/or the JPA and may conduct one or more hearings. The Independent Arbiter will issue a written decision within ninety (90) calendar days of the JPA sending notice to the Parties identifying the Independent Arbiter. The decision of the Independent Arbiter shall be final except as to questions of law pursuant to Section 14.d. herein below. c. If the JPA deems the amount in dispute to be immaterial, the JPA has discretion to discount the Property Tax Transfer Amount that is provided to the AuditorController, as described in Section 11, to allow time for the Independent Arbiter to reach a resolution of a financial dispute. Alternatively, the JPA can determine whether any adjustment should be made in the true-up calculation described in Section 10.
d. Nothing in this Agreement, however, shall be construed as making final the decision of any Independent Arbiter on a question of law, which shall be settled in accordance with applicable federal and state law.
15. Caveats to Calculations and Exhibits. Every effort was made to make the calculations in the exhibits as accurate as possible. However, because the formula is based on estimates and assumptions, the actual funding may differ from the amounts identified in the Exhibits to this Agreement. As such, in the event there is a conflict between any provision of this Agreement and any portion of any Exhibit, the language in this Agreement shall govern and control.
16. Entire Agreement/Amendment. This Agreement constitutes the entire understanding and agreement between the Parties as to those matters therein contained and supersedes any and all prior or contemporaneous agreements, representations, and understandings of the Parties on the subject matter hereof. This Agreement may be amended at any time by 54 PROPERTY TAX REVENUE SHARING AGREEMENT BETWEEN THE
SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT AND THE CITY OF MALIBU - 18 -
mutual agreement of the Parties, but any such amendment must be in writing, dated, and signed by the Parties and attached hereto.
17. Attorneys’ Fees. If any legal action or proceeding is brought to enforce or interpret this Agreement, not including the Dispute Resolution described in Section 14, each Party shall bear their own attorneys’ fees, including any such fees and costs as may be incurred in enforcing any judgment or order entered in any such action.
18. Severability. In the event any portion of this Agreement is declared void by a court of competent jurisdiction, such portion shall be severed from this Agreement and the remaining provisions shall remain in effect, unless the result of such severance would be to substantially alter this Agreement or the obligations of the parties, in which case JPA shall be tasked with creating a substitute agreement that aligns with the original intent of this Agreement.
19. Waiver. Any failure of a party to insist upon strict compliance with any term, undertaking, or condition of this Agreement shall not be deemed to be a waiver of such term, undertaking, or condition. To be effective, a waiver must be in writing, signed and dated by the Parties.
20. Representation by Counsel. The Parties acknowledge and agree that they were, or had the opportunity to be, represented individually by legal counsel with respect to the matters that are the subject of this Agreement and that they are fully advised with respect to their respective rights and obligations resulting from signing this Agreement.
21. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The Parties agree that venue for any dispute, subject to the provisions of Section 14, shall be in Los Angeles County, California.
22. Section Headings. The headings on each of the sections and subsections of this Agreement are for the convenience of the Parties only and do not limit or expand the contents of any such section or subsection.
23. Exhibits. The exhibits attached to this Agreement and the numbers therein are demonstrative. Each exhibit is intended to be dynamic and will be used annually to calculate the aforementioned formulas based on the accurate and relevant data available to the Parties each fiscal year.
24. No Assignment. Neither Party may assign this Agreement in whole or in part. [SIGNATURES ON THE FOLLOWING PAGE]
55 PROPERTY TAX REVENUE SHARING AGREEMENT BETWEEN THE
SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT AND THE CITY OF MALIBU - 19 -
IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the Effective Date set forth above.
SANTA MONICA-MALIBU UNIFIED
SCHOOL DISTRICT
By: ___________________________________
Dr. Antonio Shelton, Superintendent
Approved As To Form:
ATKINSON, ANDELSON, LOYA, RUUD &
ROMO
By: ___________________________________
David Soldani, Shareholder
CITY OF MALIBU
By: ___________________________________
Candace Bond, Interim City Manager
Approved As To Form:
BEST BEST & KRIEGER LLP
By: ___________________________________
Christine Wood, Partner
56 PROPERTY TAX REVENUE SHARING AGREEMENT BETWEEN THE
SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT AND THE CITY OF MALIBU - 20 -
EXHIBITS
Exhibit A: SMUSD Boundaries
57 RANCHO BOCA DE
SANTA MONICA
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RANCHO SAN
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LOS ANGELES UNIFIED SCHOOL DISTRICT
RANCHO LA
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LEGEND;
-------- SFID BOUNDARY UNE
0 UNE NUI.iBER PER LEGAL DESCRIPllON
LEGAL DESCRIPTION OF TI-lE
SCHOOL FACILITIES IMPROVEMENT DISlRICT NO. 1
OF TI-lE
SANTA MONICA-MALIBU UNIFIED SCHOOL DISlRICT
BEGINNING AT THE MOST EASTERLY CORNER OF LOT 1 OF TRACT NO. 12868, AS SHOWN ON MAP FILED IN BOOK 271, PAGES 40 AND 41, OF MAPS, IN THE OFFICE OF THE RECORDER OF THE COUNTY OF LOS ANGELES. SAID POINT BEING THE NORTHEAST CORNER OF CITY OF SANTA MONICA ANNEXAllON NO. 7, EFFECllYE DATE JANUARY 9, 1979;
1. THENCE ALONG THE BOUNDARY OF THE CITY OF SANTA MONICA AS SAllE EXISTED ON JANUARY 9, 1979 AND FOLLO~NG THE SAllE IN ALL ITS VARIOUS COURSES AND CURVES TO THE POINT OF BEGINNING.
- NGRAPHIC SCALE
.... 0 0.12!5 .. .. ... ~--- -· I I I
( IN FEET )
1 Inch ~ 0.25 miles
SFID #1 -SANTA MONICA
1.0 I
SANTA MONICAFIED SCHOOL DISTRICT
LOS ANGELES COUNTY, CA
Yi!i:/J
li>" P.M~X~~ Surveying and Mapping
2702 N. Perry Street Spokane, WA 99207 (509] 465-8007
www.duryea-associates.com
DATE: JUNE 2018 SHEET:
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SCALE: 1 ·~ 0.25 MILES
1 1 OF PROJECT SURVEYOR: MJD
DRAWN BY: MSM
LAST OA TE OF REVISION: JOB NO.: 18-2447
58 PROPERTY TAX REVENUE SHARING AGREEMENT BETWEEN THE
SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT AND THE CITY OF MALIBU - 21 -
Exhibit B: MUSD Boundaries
59 60
PROPERTY TAX REVENUE SHARING AGREEMENT BETWEEN THE
SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT AND THE CITY OF MALIBU - 22 -
Exhibit C: Sample Calculation of Base Year Property Tax Transfer Amount (2 pages, one with inputs one with formulas)
61 ENDING DATE FOR SANTA MONICA‐MALIBU USD 6/30/2022
Steps Year Formula Financial Terms Descriptions
Step 1 (5.a.i) PY From Exhibit D1 SMMUSD Total Unrestricted Revenues $ 166,000,829 Step 2 (5.a.ii) ‐ input Growth Factor 104.0%
Step 2 (5.a.ii) CY projection Base Year SMMUSD Total Unrestricted Revenues $ 172,640,862 Step 3 (5.a.iii) PY input SMMUSD Enrollment ‐ Prior Year 9,113 Step 3 (5.a.iii) CY SMMUSD Unadjusted Per Pupil Revenue $ 18,944 Step 4 (5.a.iv) ‐ input Per Pupil Cost Differential $ (600) Step 4 (5.a.iv) CY Adjusted Per Pupil Revenue $ 18,344 Steps Year Formula Financial Terms Descriptions
Step 5 (5.b.i) PY SMMUSD Enrollment ‐ Prior Year 9,113 Step 5 (5.b.i) PY input MUSD Enrollment ‐ Prior Year 1,087 Step 5 (5.b.i) PY SMUSD Enrollment ‐ Prior Year 8,026 Step 6 (5.b.ii) PY SMUSD Enrollment as Percentage of SMMUSD Enrollment 88.1% Step 7 (5.b.iii) ‐ Applied SMUSD Enrollment Percentage ‐ 88% Cap 88.0% Step 8 (5.b.iv) ‐ factor SMUSD Computed Enrollment 8,019 Steps Year Formula Financial Terms Descriptions
Step 9 (5.c.i) CY Adjusted Per Pupil Revenue $ 18,344 Step 9 (5.c.i) ‐ factor SMUSD Computed Enrollment 8,019 Step 9 (5.c.i) CY Base Year SMUSD Funding Target $ 147,112,295 Steps Year Formula Financial Terms Descriptions
Step 10 (5.d.ii) CY From Exhibit D1 SMUSD Unrestricted General Fund Revenues $ 128,982,385 Step 11 (5.d.iii) CY input SMUSD Enrollment ‐ Current Year 7,705 Step 11 (5.d.iii) CY 5h actual rev /
5h act enroll Base Year SMUSD Per Pupil Revenue $ 16,740 Step 12 (5.d.iv) CY Base Year SMUSD Funding Target $ 147,112,295 Step 12 (5.d.iv) CY SMUSD Enrollment ‐ Current Year 7,705 Step 12 (5.d.iv) CY Base Year Target SMUSD Per Pupil Revenue $ 19,093 Step 13 (5.d.v) CY
5.f.(2) ‐ 5.h. pp rev
actual Base Year Per Pupil Funding Need $ 2,353 Step 14 (5.d.vi) CY SMUSD Enrollment ‐ Current Year 7,705 Step 14 (5.d.vi) CY
(if 5h pp trueup >
0, 5h pp trueup x
5g1b, 0) Base Year Property Tax Transfer Amount $ 18,129,910 Exhibit C: Base Year Property Tax Transfer Calculation COMPUTATION OF BASE YEAR TARGET SMUSD PER PUPIL REVENUE COMPUTATION OF SMUSD COMPUTED ENROLLMENT
COMPUTATION OF SMUSD FUNDING TARGET
COMPUTATION OF BASE YEAR PROPERTY TAX TRANSFER AMOUNT
SAMPLE Exhibit C 1 of 2 12/18/2023
SAMPLE EXHIBIT
FOR DISCUSSION ONLY
62 ENDING DATE FOR SANTA MONICA‐MALIBU USD 6/30/2022
Exhibit C: Base Year Property Tax Transfer Calculation TOTAL SMUSD FUNDING
SMUSD Unrestricted General Fund Revenues 128,982,385 $
Base Year Property Tax Transfer Amount 18,129,910 $
Total SMUSD Unrestricted General Fund Revenues ‐ Post Sharing 147,112,295 $ SMUSD PER PUPIL FUNDING ‐ PRIOR YEAR
SMMUSD Total Unrestricted Revenues 166,000,829 $
SMMUSD Enrollment ‐ Prior Year 9,113
Unadjusted Per Pupil Funding 18,216 $
Per Pupil Cost Differential $ (600)
Adjusted Prior Year SMUSD Per Pupil Funding 17,616 $
SMUSD REVENUE ‐ PRIOR YEAR
SMUSD Enrollment ‐ Prior Year (Actual) 8,026
Adjusted Prior Year SMUSD Per Pupil Funding 17,616 $
SMUSD Revenue ‐ Prior Year 141,384,626 $
SMUSD CHANGE IN ENROLLMENT
Current Year SMUSD Enrollment 7,705
Prior Year SMUSD Enrollment 8,026
SMUSD Enrollment Growth/(Decline) (321) GROWTH IN TOTAL SMUSD REVENUE 4.051%
GROWTH IN PER PUPIL SMUSD FUNDING 8.386%
PROOFING COMPUTATIONS & TESTS
SAMPLE Exhibit C 2 of 2 12/18/2023
SAMPLE EXHIBIT
FOR DISCUSSION ONLY
63 PROPERTY TAX REVENUE SHARING AGREEMENT BETWEEN THE
SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT AND THE CITY OF MALIBU - 23 -
Exhibit D: Allocation of SMMUSD Revenues and Projected Annual Percentage Increases in Revenues
64 Exhibit D1: Base Year SMMUSD Unrestricted General Fund Allocation
REVENUES
Resource
Codes Object Code
Unrestricted General
Fund SACS ‐ Report
Adjustments (for one‐
time and revenues and
other purposes)
ADJUSTED
Unrestricted General
Fund SACS ‐ Report Allocation Factor
SMUSD Allocated Share
of Revenues
Agreed Upon
Growth Factor
Subsequent Year
Inflated Estaimte of
Unrestricted Genral
Fund Revenues Allocation Growth Comments
LCFF SOURCES
Principal Apportionment
State Aid ‐ Current Year 8011 $ 8,585,843.00 $ 8,585,843.00 88.1% $ 7,561,722.37 0.0% $ 7,561,722.37 Enrollment FLAT Education Protection Account State Aid ‐ Current Year 8012 1,891,744.00 1,891,744.00 88.1% 1,666,096.49 0.0% 1,666,096.49 Enrollment FLAT State Aid ‐ Prior Years 8019 ‐ ‐ ‐ 0.0% ‐
Tax Relief Subventions
Homeowner Exemption 8021 361,385.49 361,385.49 0.0% 0.0% County A/C Computed FLAT Information to be obtained from Los Angeles County Auditor‐Controller Timber Yield Tax 8022 ‐ ‐ 0.0%Other Subventions/In‐Lieu Taxes 8029 176,176.29 176,176.29 0.0% 0.0% County A/C Computed FLAT Information to be obtained from Los Angeles County Auditor‐Controller County & District Taxes
Secured Roll Taxes 8041 74,602,458.34 8,182,085.00 82,784,543.34 0.0% 70,350,000.00 74,008,200.00 County A/C Computed N/A Information to be obtained from Los Angeles County Auditor‐Controller Unsecured Roll Taxes 8042 2,528,109.76 (440,225.00) 2,087,884.76 0.0% ‐ County A/C Computed N/A Information to be obtained from Los Angeles County Auditor‐Controller Prior Year Taxes 8043 5,636,072.95 (5,636,072.95) ‐ 0.0% Excluded N/A Supplemental Taxes 8044 ‐ ‐ ‐Education Revenue Augmentation Fund (ERAF) 8045 (86.37) 86.37 ‐ Excluded N/A Community Redevelopment Funds (SB 617/699/1992) 8047 19,572,246.06 580,458.00 20,152,704.06 0.0% ‐ SMUSD N/A Allocated to SMUSD only as RDA only impacts Property Tax collections from the SMUSD areaPenalties & Interest from Delinquent Taxes 8048 54,043.60 (54,043.60) ‐ Excluded N/A Miscellaneous Funds (EC 41604)
Royalties and Bonuses 8081 ‐ ‐ ‐ 0.0% ‐
Other In‐Lieu Taxes 8082 ‐ ‐ ‐ 0.0% ‐
Less: Non‐LCFF (50%) Adjustment 8089 ‐ ‐ ‐ 0.0% ‐
LCFF Transfers
Unrestricted LCFF Transfers ‐ Current Year 8091 ‐ ‐ ‐ ‐ All Other LCFF Transfers ‐ Current Year 8091 ‐ ‐ ‐ ‐LCFF Transfers ‐ to Charter Schools in Lieu of Property Taxes 8096 (316,708.39) 316,708.39 ‐ 0.0% ‐ Excluded N/A Property Taxes Transfers 8097 ‐ ‐ ‐ ‐
LCFF/Revenue Limit Transfers ‐ Prior Years 8099 ‐ ‐ ‐ ‐ TOTAL, LCFF SOURCES $ 113,091,284.73 $ 116,040,280.94 $ 79,577,818.86 $ 83,236,018.86 FEDERAL REVENUE
Maintenance and Operations 8110 $ ‐ $ ‐ $ ‐ 0.0% $ ‐ Excluded N/A based on SELPA formula Forest Reserve Funds 8260 ‐ ‐ ‐ 0.0% ‐ Excluded N/A based on SELPA formula Flood Control Funds 8270 ‐ ‐ ‐ 0.0% ‐ Excluded N/A all restricted ‐ not part of 4% guarantee. Will be actual starting in year 1 Wildlife Reserve Funds 8280 ‐ ‐ ‐ 0.0% ‐ Excluded N/A all restricted ‐ not part of 4% guarantee. Will be actual starting in year 2 FEMA 8281 ‐ ‐ ‐ 0.0% ‐ Excluded N/A all restricted ‐ not part of 4% guarantee. Will be actual starting in year 3 Interagency Contracts Between LEAs 8285 ‐ ‐ ‐ 0.0% ‐ Excluded N/A all restricted ‐ not part of 4% guarantee. Will be actual starting in year 4 All Other Fed Revenue All Other 8290 236,765.79 236,765.79 88.1% 208,524.33 0.0% 208,524.33 Enrollment FLAT TOTAL, FEDERAL REVENUE $ 236,765.79 $ 236,765.79 $ 208,524.33 $ 208,524.33 OTHER STATE REVENUE
Mandated Cost Reimbursements 8550 $ 419,710.00 $ 419,710.00 88.1% $ 369,646.93 0.0% $ 369,646.93 Enrollment FLAT Lottery ‐ Unrestricted and Instructional Materials 8560 1,789,618.89 1,789,618.89 88.1% 1,576,152.88 0.0% 1,576,152.88 Enrollment FLATPass‐Through Revenues from State Sources 8590 ‐ ‐ 88.1% ‐ 0.0% ‐ Excluded N/A All Other State Revenues All Other 8590 ‐ ‐ 88.1% ‐ 0.0% ‐ Enrollment FLAT exclude ALL non‐ongoing TOTAL, OTHER STATE REVENUE $ 2,209,328.89 $ 2,209,328.89 $ 1,945,799.81 $ 1,945,799.81 OTHER LOCAL REVENUE
Non‐Ad Valorem Taxes
Parcel Taxes 8621 $ 13,365,563.57 $ 13,365,563.57 70.4% $ 9,408,094.97 2.0% $ 9,596,256.87 PARCEL COUNT 2.00% Other 8622 ‐ ‐ 0.0% ‐ Sales
Sale of Equipment/Supplies 8631 ‐ ‐ 0.0% 0.0% ‐Sale of Publications 8632 ‐ ‐ 0.0% 0.0% ‐ Excluded N/A not general fundFoodAll Other Sales 8634 ‐ ‐ 0.0% 0.0% ‐ Excluded N/A usually minor All Other Sales 8639 ‐ ‐ 0.0% 0.0% ‐
Leases and Rentals 8650 520,062.90 520,062.90 100.0% 520,062.90 2.0% 530,464.16 SM Only 2.00% do lease agreements have a 2% escalator? Interest 8660 1,401,457.66 1,401,457.66 88.1% 1,234,291.58 0.0% 1,234,291.58 Enrollment FLAT Net Increase (Decrease) in the Fair Value of Investments 8662 (2,011,449.00) 2,011,449.00 ‐ 0.0% ‐ ‐Fees and Contracts Adult Education Fees 8671 ‐ ‐ ‐ 0.0% ‐
Non‐Resident Students 8672 ‐ ‐ ‐ 0.0% ‐Transportation Fees from Individuals 8675 60,088.69 (60,088.69) ‐ 0.0% ‐ 0.0% ‐Interagency Services 8677 ‐ ‐ ‐ 0.0% ‐All Other Fees and Contracts 8689 ‐ ‐ ‐ 0.0% ‐ Other Local Revenue
Plus: Misc Funds Non‐LCFF (50%) Adjustment 8691 ‐ ‐ ‐ 0.0% ‐ Pass‐Through Revenues From Local Sources 8697 ‐ ‐ ‐ 0.0% ‐All Other Local Revenues Measure Y/GSH 0000‐1999 8699 17,828,099.00 17,828,099.00 100.0% 17,828,099.00 0.0% 17,828,099.00 SM Only FLAT Santa Monica Joint Use 0000‐1999 8699 10,146,061.00 10,146,061.00 100.0% 10,146,061.00 2.0% 10,348,982.22 SM Only 2.00% Santa Monica Education Foundation 0000‐1999 8699 1,219,792.00 1,219,792.00 100.0% 1,219,792.00 0.0% 1,219,792.00 SM Only FLAT Malibu Joint Use 0000‐1999 8699 199,261.00 199,261.00 0.0% ‐ 2.0% ‐ Maibu Only N/A Malibu Education Foundation 0000‐1999 8699 ‐ ‐ 0.0% ‐ 0.0% ‐ Maibu Only N/AMiscellaneous Other Local Revenues 0000‐1999 8699 2,834,156.56 2,834,156.56 100.0% 2,834,156.56 0.0% 2,834,156.56 Analysis FLAT Tuition 8710 ‐ ‐ ‐ 0.0% ‐All Other Transfers In 8781‐8783 ‐ ‐ ‐ 0.0% ‐ Transfers of Apportionments
Other Transfers of Apportionments
From Districts or Charter Schools All Other 8791 ‐ ‐ ‐ 0.0% ‐From County Offices All Other 8792 ‐ ‐ ‐ 0.0% ‐ From JPAs All Other 8793 ‐ ‐ ‐ 0.0% ‐
All Other Transfers In from All Others All Other 8799 ‐ ‐ ‐ 0.0% ‐ TOTAL, OTHER LOCAL REVENUES $ 47,514,453.69 45,563,093.38 $ 43,190,558.02 $ 43,592,042.39 $ TOTAL UNRESTRICTED GENERAL FUND REVENUES $ 161,100,472.79 $ 166,000,829.31 $ 124,922,701.02 $ 128,982,385.39 Basis for
2023
SACS UNAUDITED ACTUAL DATA ‐ FY 2021‐22
STEP 1 ‐> (5.a.i) STEP 2 ‐> (5.d.i) STEP 3 ‐> (5.d.ii)
ALLOCATION OF UNRESTRICTED GENERAL
FUND REVENUES
INFLATION OF UNRESTRICTED GENERAL FUND
REVENUES
SAMPLE Exhibit D1 1 of 1 12/18/2023
SAMPLE EXHIBIT
FOR DISCUSSION ONLY
65 Exhibit D2: Base Year SMMUSD Unrestricted General Fund Allocation
REVENUES
Resource
Codes Object Code
Unrestricted General
Fund SACS ‐ Report
Adjustments (for one‐
time and revenues and
other purposes)
ADJUSTED
Unrestricted General
Fund SACS ‐ Report Allocation Factor
SMUSD Allocated Share
of Revenues
Agreed Upon
Growth Factor
Subsequent Year
Inflated Estaimte of
Unrestricted Genral
Fund Revenues Allocation Growth Comments
LCFF SOURCES
Principal Apportionment
State Aid ‐ Current Year 8011 $ 7,543,206.42 $ 7,543,206.42 100.0% $ 7,543,206.42 0.0% $ 7,543,206.42 Enrollment FLAT Education Protection Account State Aid ‐ Current Year 8012 1,662,016.82 1,662,016.82 100.0% 1,662,016.82 0.0% 1,662,016.82 Enrollment FLAT State Aid ‐ Prior Years 8019 446.31 446.31 100.0% 446.31 0.0% 446.31 Tax Relief Subventions
Homeowner Exemption 8021 238,374.08 238,374.08 100.0% 238,374.08 0.0% 238,374.08 County A/C Computed FLAT Information to be obtained from Los Angeles County Auditor‐Controller Timber Yield Tax 8022 ‐ ‐ ‐ 0.0% ‐
Other Subventions/In‐Lieu Taxes 8029 122,887.89 122,887.89 100.0% 122,887.89 0.0% 122,887.89 County A/C Computed FLAT Information to be obtained from Los Angeles County Auditor‐Controller County & District Taxes
Secured Roll Taxes 8041 54,347,413.59 ‐ 54,347,413.59 100.0% 54,347,413.59 57,064,784.27 County A/C Computed N/A Information to be obtained from Los Angeles County Auditor‐Controller Unsecured Roll Taxes 8042 1,760,383.25 ‐ 1,760,383.25 100.0% 1,760,383.25 1,848,402.41 County A/C Computed N/A Information to be obtained from Los Angeles County Auditor‐Controller Prior Year Taxes 8043 1,815,411.39 (1,815,411.39) ‐ 0.0% ‐ Excluded N/A Supplemental Taxes 8044 1,705.68 ‐ 1,705.68 100.0% 1,705.68 1,790.97 Education Revenue Augmentation Fund (ERAF) 8045 ‐ ‐ ‐ 0.0% ‐ Excluded N/A Community Redevelopment Funds (SB 617/699/1992) 8047 21,799,348.48 ‐ 21,799,348.48 100.0% 21,799,348.48 22,889,315.90 SMUSD N/A Allocated to SMUSD only as RDA only impacts Property Tax collections from the SMUSD area Penalties & Interest from Delinquent Taxes 8048 62,065.63 (62,065.63) ‐ 0.0% ‐ Excluded N/A Miscellaneous Funds (EC 41604)
Royalties and Bonuses 8081 ‐ ‐ ‐ 0.0% ‐
Other In‐Lieu Taxes 8082 ‐ ‐ ‐ 0.0% ‐
Less: Non‐LCFF (50%) Adjustment 8089 ‐ ‐ ‐ 0.0% ‐
LCFF Transfers
Unrestricted LCFF Transfers ‐ Current Year 8091 ‐ ‐ ‐ ‐ All Other LCFF Transfers ‐ Current Year 8091 ‐ ‐ ‐ ‐LCFF Transfers ‐ to Charter Schools in Lieu of Property Taxes 8096 (144,286.00) 144,286.00 ‐ 0.0% ‐ ‐ Excluded N/A Property Taxes Transfers 8097 ‐ ‐ ‐ ‐
LCFF/Revenue Limit Transfers ‐ Prior Years 8099 ‐ ‐ ‐ ‐ TOTAL, LCFF SOURCES $ 89,208,973.56 $ 87,475,782.54 $ 87,475,782.54 $ 91,371,225.09 FEDERAL REVENUE
Maintenance and Operations 8110 $ ‐ $ ‐ $ ‐ 0.0% $ ‐ Excluded N/A based on SELPA formula Forest Reserve Funds 8260 ‐ ‐ ‐ 0.0% ‐ Excluded N/A based on SELPA formula Flood Control Funds 8270 ‐ ‐ ‐ 0.0% ‐ Excluded N/A all restricted ‐ not part of 4% guarantee. Will be actual starting in year 1 Wildlife Reserve Funds 8280 ‐ ‐ ‐ 0.0% ‐ Excluded N/A all restricted ‐ not part of 4% guarantee. Will be actual starting in year 2 FEMA 8281 ‐ ‐ ‐ 0.0% ‐ Excluded N/A all restricted ‐ not part of 4% guarantee. Will be actual starting in year 3 Interagency Contracts Between LEAs 8285 ‐ ‐ ‐ 0.0% ‐ Excluded N/A all restricted ‐ not part of 4% guarantee. Will be actual starting in year 4 All Other Fed Revenue All Other 8290 ‐ ‐ 100.0% ‐ 0.0% ‐ Enrollment FLAT TOTAL, FEDERAL REVENUE $ ‐ $ ‐ $ ‐ $ ‐ OTHER STATE REVENUE
Mandated Cost Reimbursements 8550 $ 345,770.88 $ 345,770.88 100.0% $ 345,770.88 0.0% $ 345,770.88 Enrollment FLAT Lottery ‐ Unrestricted and Instructional Materials 8560 1,521,434.50 1,521,434.50 100.0% 1,521,434.50 0.0% 1,521,434.50 Enrollment FLAT Pass‐Through Revenues from State Sources 8590 ‐ ‐ 0.0% ‐ 0.0% ‐ Excluded N/A All Other State Revenues All Other 8590 327,448.90 327,448.90 100.0% 327,448.90 0.0% 327,448.90 Enrollment FLAT exclude ALL non‐ongoing TOTAL, OTHER STATE REVENUE $ 2,194,654.28 $ 2,194,654.28 $ 2,194,654.28 $ 2,194,654.28 OTHER LOCAL REVENUE
Non‐Ad Valorem Taxes
Parcel Taxes 8621 $ 10,084,459.14 $ 10,084,459.14 100.0% $ 10,084,459.14 2.0% $ 10,286,148.32 PARCEL COUNT 2.00% Other 8622 ‐ ‐ 0.0% ‐ Sales
Sale of Equipment/Supplies 8631 ‐ ‐ 0.0% 0.0% ‐Sale of Publications 8632 ‐ ‐ 0.0% 0.0% ‐ Excluded N/A not general fundFoodAll Other Sales 8634 ‐ ‐ 0.0% 0.0% ‐ Excluded N/A usually minor All Other Sales 8639 ‐ ‐ 0.0% 0.0% ‐
Leases and Rentals 8650 1,798,950.00 1,798,950.00 100.0% 1,798,950.00 2.0% 1,834,929.00 SM Only 2.00% do lease agreements have a 2% escalator? Interest 8660 2,135,174.62 2,135,174.62 100.0% 2,135,174.62 0.0% 2,135,174.62 Enrollment 0.00% Net Increase (Decrease) in the Fair Value of Investments 8662 540,630.95 (540,630.95) ‐ 0.0% ‐ ‐ Fees and Contracts
Adult Education Fees 8671 ‐ ‐ ‐ 0.0% ‐
Non‐Resident Students 8672 ‐ ‐ ‐ 0.0% ‐Transportation Fees from Individuals 8675 ‐ ‐ 0.0% ‐ 0.0% ‐ Interagency Services 8677 ‐ ‐ ‐ 0.0% ‐All Other Fees and Contracts 8689 ‐ ‐ ‐ 0.0% ‐ Other Local Revenue
Plus: Misc Funds Non‐LCFF (50%) Adjustment 8691 ‐ ‐ ‐ 0.0% ‐ Pass‐Through Revenues From Local Sources 8697 ‐ ‐ ‐ 0.0% ‐All Other Local Revenues Measure Y/GSH 0000‐1999 8699 18,556,185.00 18,556,185.00 100.0% 18,556,185.00 0.0% 18,556,185.00 Santa Monica Joint Use 0000‐1999 8699 10,551,903.00 10,551,903.00 100.0% 10,551,903.00 2.0% 10,762,941.06 Santa Monica Education Foundation 0000‐1999 8699 2,445,379.00 2,445,379.00 100.0% 2,445,379.00 0.0% 2,445,379.00 Malibu Joint Use 0000‐1999 8699 ‐ ‐ 0.0% ‐ 2.0% ‐Malibu Education Foundation 0000‐1999 8699 ‐ ‐ 0.0% ‐ 0.0% ‐Miscellaneous Other Local Revenues 0000‐1999 8699 788,419.55 788,419.55 100.0% 788,419.55 0.0% 788,419.55 Tuition 8710 ‐ ‐ ‐ 0.0% ‐
All Other Transfers In 8781‐8783 ‐ ‐ ‐ 0.0% ‐
Transfers of Apportionments
Other Transfers of Apportionments
From Districts or Charter Schools All Other 8791 ‐ ‐ ‐ 0.0% ‐ From County Offices All Other 8792 ‐ ‐ ‐ 0.0% ‐From JPAs All Other 8793 ‐ ‐ ‐ 0.0% ‐ All Other Transfers In from All Others All Other 8799 ‐ ‐ ‐ 0.0% ‐ TOTAL, OTHER LOCAL REVENUES $ 46,360,470.30 46,901,101.25 $ 46,360,470.30 $ 46,809,176.55 $ TOTAL UNRESTRICTED GENERAL FUND REVENUES $ 138,304,729.09 $ 136,030,907.12 $ 136,030,907.12 $ 140,375,055.91 Basis for
2023 STEP 1 ‐> (5.a.i) STEP 2 ‐> (5.d.i) STEP 3 ‐> (5.d.ii) SACS UNAUDITED ACTUAL DATA ‐ FY 2022‐23
ALLOCATION OF UNRESTRICTED GENERAL
FUND REVENUES
INFLATION OF UNRESTRICTED GENERAL FUND
REVENUES
SAMPLE Exhibit D2 1 of 1 12/18/2023
SAMPLE EXHIBIT
FOR DISCUSSION ONLY
66 PROPERTY TAX REVENUE SHARING AGREEMENT BETWEEN THE
SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT AND THE CITY OF MALIBU - 24 -
Exhibit E: Sample Calculation of Annual Property Tax Transfer Amount (2 pages, one with inputs one with formulas)
67 COMPUTATION FOR THE FISCAL YEAR ENDED: 6/30/2024
Steps Year Formula Financial Terms Descriptions
Step 1 (6.a) PY Prior Year SMUSD Funding Target $ 147,112,295 Step 1 (6.a) PY Prior Year SMUSD Enrollment 7,705 Step 1 (6.a) PY SMUSD Per Pupil Revenue $ 19,093 Steps Year Formula Financial Terms Descriptions
Step 2 (6.b) PY Prior Year SMUSD Funding Target 147,112,295 $ Step 2 (6.b) Growth Factor 104%
Step 2 (6.b) CY Current Year SMUSD Funding Target $ 152,996,787 Steps Year Formula Financial Terms Descriptions
Step 3 (6.c) CY Current Year SMUSD Funding Target $ 152,996,787 Step 3 (6.c) CY Current Year SMUSD Enrollment 7,555
Step 3 (6.c) CY Target SMUSD Per Pupil Revenue $ 20,251 Steps Year Formula Financial Terms Descriptions
Step 4 (6.d) From Exhibit D2 SMUSD Unrestricted General Fund Revenue 140,375,056 $ Steps Year Formula Financial Terms Descriptions
Step 5 (6.e) SMUSD Unrestricted General Fund Revenue 140,375,056 $ Step 5 (6.e) CY SMUSD Enrollment 7,555
Step 5 (6.e) SMUSD Actual Per Pupil Revenue 18,580 $
Steps Year Formula Financial Terms Descriptions
Step 6 (6.f) CY Target SMUSD Per Pupil Revenue $ 20,251 Step 6 (6.f) CY SMUSD Actual Per Pupil Revenue 18,580
Step 6 (6.f) CY Per Pupil Funding Need 1,671 $
Steps Year Formula Financial Terms Descriptions
Step 7 (6.g) CY Per Pupil Funding Need 1,671 $
Step 7 (6.g) Per Pupil Funding Need is Positive? TRUE
Step 7 (6.g) CY SMUSD Enrollment 7,555 Step 7 (6.g) CY Property Tax Transfer Amount $ 12,621,731 COMPUTATION TO DETERMINE SMUSD UNRESTRICTED GENERAL FUND REVENUE Exhibit E: Annual Property Tax Transfer Calculation
COMPUTATION TO DETERMINE SMUSD PER PUPIL REVENUE
COMPUTATION TO DETERMINE SMUSD TARGET PER PUPIL REVENUE COMPUTATION TO DETERMINE SMUSD FUNDING TARGET
COMPUTATION TO DETERMINE SMUSD ACTUAL PER PUPIL REVENUE COMPUTATION TO DETERMINE PER PUPIL FUNDING NEED
COMPUTATION TO DETERMINE PROPERTY TAX TRANSFER AMOUNT
SAMPLE Exhibit E 1 of 2 12/18/2023
SAMPLE EXHIBIT
FOR DISCUSSION ONLY
68 COMPUTATION FOR THE FISCAL YEAR ENDED: 6/30/2024
Exhibit E: Annual Property Tax Transfer Calculation
TOTAL SMUSD FUNDING
SMUSD Unrestricted General Fund Revenues 140,375,056 $
Base Year Property Tax Transfer Amount 12,621,731 $
Total SMUSD Unrestricted General Fund Revenues ‐ Post Sharing 152,996,787 $ SMUSD PER PUPIL FUNDING ‐ PRIOR YEAR
SMUSD Total Unrestricted Revenues 147,112,295 $
SMUSD Enrollment ‐ Prior Year 7,705 Prior Year SMUSD Per Pupil Funding 19,093 $
SMUSD PER PUPIL FUNDING ‐ CURRENT YEAR
SMUSD Total Unrestricted Revenues 152,996,787 $
SMUSD Enrollment ‐ Prior Year 7,555 Current Year SMUSD Per Pupil Funding 20,251 $
SMUSD PER PUPIL FUNDING ‐ GROWTH OVER PRIOR YEAR
Current Year SMUSD Per Pupil Funding 20,251 $
Prior Year SMUSD Per Pupil Fundomg 19,093 $
Per Pupil Funding Growth Percentage 6.1%
SMUSD TOTAL FUNDING ‐ GROWTH OVER PRIOR YEAR
Current Year Total SMUSD Per Pupil Funding 152,996,787 $ Prior Year Total SMUSD Per Pupil Funding 147,112,295 $
Total Funding Growth Percentage 4.0%
PROOFING COMPUTATIONS & TESTS
SAMPLE Exhibit E 2 of 2 12/18/2023
SAMPLE EXHIBIT
FOR DISCUSSION ONLY
69 PROPERTY TAX REVENUE SHARING AGREEMENT BETWEEN THE
SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT AND THE CITY OF MALIBU - 25 -
Exhibit F: Calculations to Address Change in Other Local Revenues 70 IN PROGRESS EXHIBIT F
Permanent or Temporary Changes in Allocation of Other Local Revenue SourcesOther Local Revenue Source 2021‐22 2022‐23 2023‐24 2024‐25 2025‐26 2026‐27 2027‐28 2028‐29 2029‐30 2030‐31 2031‐32 2032‐33 2033‐34 Instance #1
Joint Use Impairment Amount $ ‐ $ ‐ $ (8,000,000) $ (8,000,000) $ (8,000,000) $ (8,000,000) $ (8,000,000) $ (8,000,000) $ (6,000,000) $ (6,000,000) $ (6,000,000) $ (4,000,000) $ ‐ Recoupment of Impaired Revenue $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ 2,000,000 $ ‐ $ ‐ $ 2,000,000 $ 4,000,000 $ ‐ Loss Reflected In Unaduted Actual Report? NO YES YES YES YES YES YES YESYESYES Percentage for Property Tax Sharing Adjustment 0.00% 0.00% 12.00% ‐88.00% ‐88.00% ‐88.00% ‐88.00% ‐88.00% ‐88.00% ‐88.00% ‐88.00% ‐88.00% 0.00% Property Tax Transfer Adjustment for Instance #1 $ ‐ $ ‐ $ 960,000 $ (7,040,000) $ (7,040,000) $ (7,040,000) $ (7,040,000) $ (7,040,000) $ (5,280,000) $ (5,280,000) $ (5,280,000) $ (3,520,000) $ ‐ Instance #2
Sales Tax Allocation Reduction $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ (3,500,000) $ (3,500,000) $ (3,500,000) $ (3,500,000) $ (3,500,000) $ (3,500,000) Recoupment of Impaired Revenue $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ Loss Reflected In Unaduted Actual Report? NO YES YES YES YES YESPercentage for Property Tax Sharing Adjustment 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 12.00% ‐88.00% ‐88.00% ‐88.00% ‐88.00% ‐88.00% Property Tax Transfer Adjustment for Instance #2 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ 420,000 $ (3,080,000) $ (3,080,000) $ (3,080,000) $ (3,080,000) $ (3,080,000) SAMPLE Exhibit F 1 of 1 12/18/2023
SAMPLE EXHIBIT
FOR DISCUSSION ONLY
71
Agenda Item # 7.C.
Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Cynthia Alba, Senior Management Analyst
Reviewed by: Frances Arricale, Deputy City Manager
Approved by: Candace Bond, Interim City Manager
Date prepared: November 18, 2025 Meeting date: December 08, 2025 Subject: Library Set Aside Fund Priorities for Fiscal Year 2026-27 RECOMMENDED ACTION: Approve a prioritized list of expenditures to be discussed at the yearly meeting between the City and County Library regarding the Malibu Library Set Aside Funds for Fiscal Year 2026-27.
FISCAL IMPACT: There is no fiscal impact to the city with this action. Malibu Public Library services are paid for from a designated portion of property tax. Every year the County of Los Angeles sets aside the difference between the property tax dollars apportioned to the County Library from property within the City of Malibu and the Malibu Library expenses into a designated fund. The ending balance for Set Aside Funds as of Fiscal Year 2023- 24 totaled approximately $24,966,949; this includes a surplus of $3.1 million; an updated ending balance for Malibu Library Set Aside Funds for FY 2024-25 was not available at the time this report was published.
STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2025-26 Strategic Priority Project List.
DISCUSSION: The Malibu Library was established in 1970 by the County of Los Angeles and is located on the county-owned civic center property. On September 2008, the city and county executed a Memorandum of Understanding (MOU) that governs the use of the Set Aside Funds. The MOU established a structure in which the expenditure of the excess funds generated from the taxes that Malibu residents pay could be spent on the Malibu Library. On March 26, 2018, the City and the County amended to extend the term to 2044, with two possible five-year extensions. All other terms remained the same.
City Council Meeting
12-08-25
Item
7.C.
1
Agenda Item # 7.C.
The MOU includes a specific Council and staff timeline for the annual review of the Funds to ensure an expenditure agreement is approved for the upcoming fiscal year; however, the MOU indicates these meetings are advisory in nature and not intended to divest the County Library, or the County of Los Angeles of any authority to control or use Set Aside Funds.
Malibu Library Set Aside Fund
As the Subcommittee considers its recommendations for the use of Set Aside Funds, it is important to note that these funds must be used solely to improve or provide Malibu Library facilities and services. The Library Subcommittee’s recommendations on the prioritized list of issues to be discussed regarding the use of Set Aside Funds for Fiscal Year 2026-27 will be presented to the City Council for final approval prior to staff’s meeting with County Library Staff.
The City Council Library Subcommittee will meet on December 5, 2025 at 1:30 PM at City Hall to discuss a recommendation to the City Council. This recommendation will be brought forward as a staff presentation.
ATTACHMENTS:
A) Library Operating Statement FY 2023-24
B) Library Designation Balance FY 2023-24
C) Library City Profile 2023-24
2 LA County Library
Operating Statement
Fiscal Year 2023-2024
Cost Code:117
Org Code:41259
Malibu Library
23519 W. Civic Center Way, Malibu
Operating Costs Actual
Salaries and Employee Benefits
Services and Supplies
Books and Materials
Lease-Buildings
Maintenance-Buildings and Grounds
Facilities Special Jobs
Insurance
Supplies and Miscellaneous Exp
Utilities
Facilities Services Operations
Regional Operations
Acquisitions and Cataloging
Integrated Library System
Information Services
Equipment and Technology
$797,196
101,630
83 193,502
39,496
7,387
290,333
77,866
151,184
153,821
63,846
18,590
26,684
8,017
Sub-Total Operating Costs $1,753,100
Support Costs
Administration
Public Services Programs
306,219
88,549
Sub-Total Support Costs 930,665
Total Cost of Service $2,683,765
Operating Revenue $4,492
Information Technology Equipment and Services 121,772
Professional and Special Services 237,590
Note: Facilities Special Jobs include pre-action system repairs and parking lot light replacement costs. 10/9/2024 10:36 AM Report: OperatingStmt-Libraries Page 12 of 91
ATTACHMENT A
3 LA COUNTY LIBRARY
City of Malibu Approved Spending Plan
FY 2023-24
FY 23-24 Beg. Bal (Incl. 21-22 Surplus) $ 21,853,646
FY 23-24 Prop Tax / Spe Tax / Ot Rev $ 5,797,068
FY 23-24 Cost (2,683,765)
FY 23-24 Surplus $ 3,113,303
Ending Designation Balance
(will be reflected in FY 25-26 SQ Budget)
$ 24,966,949
City Approved Program Expenditures Approved by
Malibu
Actual
Expenditures
Variance
1 Additional Service Hours (from 40 hrs/wk to 60 hrs/wk $ 115,000 $ 115,000 -$ 2 2.0 dedicated secruity guards (only 1.0 is utilized) 260,000 130,000 130,000 3 Full-Time Teen Librarian 131,000 131,000 -
4 Outreach Librarian 138,000 138,000 -
5 Deferred Maintenance 100,000 - 100,000
6 Continued unreserved balance 150,000 - 150,000
7 Speaker Series Program 125,000 73,000 52,000
8 Smart Start (Family Place Programs throughout the County) 50,000 48,121 1,879 9 Tool lending 50,000 13,733 36,267
10 Teen Area Refresh - optimize area for laptop users 10,000 - 10,000 11 Speaker Series Tech Update - Laptop and HDMI Connections 2,500 49 2,451 12 Minor Meeting Room, Study Room, and Lobby Enhancements 12,500 1,406 11,094 13 Supply/Collection Organization - Mobile carts, 3D printer storage 2,500 1,218 1,282 14 Outreach Materials and Supplies 2,500 1,480 1,020
15 Boys and Girls Club , Library-related supplies & services 50,000 50,000 - 16 Malibu Public Schools (library related supplies) 17,000 17,000 - 17 Boys and Girls Club - Enpowered Voices Program 25,000 - 25,000 18 Mlibu Public Schools - Teen Librarian and Misc. Supplies 25,802 27,111 (1,309) 19 Malibu Film Society series 85,000 - 85,000
20 Malibu-centric Legacy Park educational programs 75,000 - 75,000 $ 1,426,802 $ 747,118 679,684$
Note: This chart represents the City’s approved budget for the use of set aside funds which is reflected in the Operating Statement.
C:\Users\e473023\County of Los Angeles\Finance Admin - Documents\Cost Report\23-24\Surplus Cities\Malibu\Malibu 22-23 vs. 23-24.xlsx\City Approved Programs 23-24 11/4/2024
ATTACHMENT B
4 MALIBU LIBRARY
Introduction
Malibu Library had an active 2023-2024, continuing to provide the Malibu community with new and popular materials; high-interest programs for children, teens, and adults; and outreach events throughout the city of Malibu. Partnerships with the City of Malibu, Pepperdine University, Malibu schools, and the Boys & Girls Club meant more programs both in and outside of the library.
First established in 1970 and renovated in 2012, the library building continued to draw community members from all areas of Malibu for enrichment, socializing, studying, and learning.
Smarty Pants Storytime Classical Guitar Concert
3D Printing Kids’ crafts
ATTACHMENT C
5 Usage
Malibu Library serves a diverse segment of Malibu residents and receives considerable usage from the community.
Highlights:
• Malibu Library welcomed 64,787 visitors in Fiscal Year 2023 - 2024, with an average of 5,399 visits to the library each month, a 7% increase in visitors when compared to the previous fiscal year. The population of Malibu in 2023 was 15,867 people which includes the City of Malibu (10,629) and unincorporated Malibu (5,237). • During the last fiscal year, Malibu Library continued to add new users - 1,061 new cards were issued; 205 of these cards were digital accounts providing access to the library’s virtual services.
• The greatest levels of library use were in the afternoon, during the hours of 4 and 5 pm. • The Malibu Library website, which continued to provide information on hours and programming, had a total of 11,386 visits.
Circulation
Materials at Malibu Library served residents as well as library patrons throughout the County of Los Angeles.
Highlights:
● During the last fiscal year, Malibu Library circulated 36,780 items physical items, including books, magazines, DVDs, audiobooks, CDs, and electronic devices. ● Library customers placed 9,775 holds and a total of 9,623 holds were filled from customers in Malibu and in the LA County Library service area. 6 ● Physical books remained the most popular item type for Malibu constituents, as these items circulated 26,240 times.
● California State Park Passes, which were made available for circulation in May 2022, remain in circulation and there were 132 checkouts during the last fiscal year.
7 Wi-Fi and eResources
Malibu Library provides free Wi-Fi inside and outside of the library for all community members, ensuring that all members of the public can connect to the Internet with ease. Fifteen public computers with Internet access and Microsoft Office are actively used by adults each day. The children’s area has 5 Internet-enabled computers as well as 4 early learning computers, which are heavily used by pre-schoolers for learning reading, math, and science skills.
Highlights:
• Malibu Library hosted a total of 85,928 Internet sessions which included: 75,859 Wi-Fi sessions (with expanded Internet service provided in the library parking lot) and 10,069 public Internet sessions, which utilized library computers. • Laptop & Hotspot Loan Kits remain available for circulation and 35 customers checked out devices for at-home use during the fiscal year.
• On March 1, 2024, LA County Library launched Connect & Go, a mobile hotspot lending program that allowed borrowers to connect their personal devices to the Internet. During the first few months of launching, these devices were circulated to customers 12 times. • Customers from the Malibu area downloaded 16,552 eBooks and 11,706 audiobooks (grand total of 28,258 items), a 100% increase from the library’s Overdrive service during FY 22/23.
8 Library Programs
Malibu Library hosts monthly programs for adults, teens, and children throughout the year.
Ongoing programs like Smarty Pants Storytime, the Malibu Library Book Club, Classical Guitar Concerts, Caffeinated Verse, Dungeons & Dragons, and the Malibu Library Speaker Series draw a consistent audience of regulars. Specialty programs like BambinO: An Opera for Babies; 3D Printing, Dino Magic, and Yoga For Kids were also popular. 9 Children’s Services Programs
Thirty-eight Smarty Pants Storytimes and 28 programs were presented to children in 2023-2024.
In July and August 2023, the Summer Discovery Program brought 11 children’s programs to Malibu, including LEGO programs, Music Together, and Smarty Pants Storytime. More than 60 people attended the summer programs. In addition, Malibu Library staff provided take-home activity kits for babies/toddlers, preschoolers, school-age children, and teens.
BambinO: An Opera For Babies The Dino Magic Show
Yoga For Kids Music Together for Babies and Toddlers
Various children’s programs took place outside the library during 2023-2024. Monthly Park Tales programs and Nature Walks took advantage of Malibu’s beautiful weather and city parks.
Children’s programs were also presented at the Boys & Girls Club.
Brick Builders Club Nature Walk for Kids at Legacy Park 10 Park Tales at Bluffs Park Wonder Book Club at the Boys & Girls Club Teen Services Programs
Malibu Library’s Teen Services Librarian presented 21 programs to nearly 70 teens during 2023- 2024. A monthly Dungeons & Dragons program created an opportunity for teens to meet regularly each month. Teens also enjoyed such programs as gardening and origami.
Dungeons & Dragons Club
The Teen Services Librarian also took teen programs to Malibu High School (MHS) and the Malibu Boys & Girls Club. After an MOU with Santa Monica-Malibu Unified School District was completed in September 2023, four programs were presented at MHS, reaching nearly 50 teens. Students enjoyed such programs as ribbon leis, tie-dying, and button making. Summer programs at the Boys & Girls Club started in June 2024. The Teen Services Librarian also attended Malibu Youth Commission meetings each month and welcomed teen volunteers to the library. 11 Ribbon Leis at the Boys & Girls Club Lunchtime Crafts at Malibu High School Tie-dying at the Boys & Girls Club
Adult Services Programs
Programs for adults during the fiscal year included author talks, Topanga Actors Company performances, and art programs. Partnerships with Pepperdine University and the City of Malibu brought regular classical guitar concerts and Caffeinated Verse: Poetry Open Mic programs. More than 660 adults attended 36 programs in 2023 – 2024.
Classical Guitar Concert Caffeinated Verse: Poetry Open Mic 12 Malibu Library Speaker Series
The Malibu Library Speaker Series presented 8 speakers during 2023 – 2024, plus the annual Poetry Summit. The speakers were:
• Dr Aprille Ericsson – NASA scientist
• Scott Freiman – Beatles expert
• David Quammen – science writer
• Mitch Albom – fiction author
• Clare Frank – firefighter
• David Ambroz – child welfare advocate
• Rosanna Xia – LA Times climate reporter
• Thomas Levenson – MIT professor, science writer
More than 825 people attended the Speaker Series during the fiscal year, enjoying events at Malibu Library, Malibu City Hall, and Pepperdine University.
Scott Freiman David Quammen
Mitch Albom David Ambroz
13 A partnership with local bookstore Malibu Village Books supported local business while allowing attendees to purchase books signed by Speaker Series authors.
14 Outreach
A new Outreach Librarian started at Malibu Library in September 2023. She immediately began collaborating with City of Malibu Community Services staff to participate in the many events happening around Malibu. The library was represented at monthly Park Tales storytimes; CineMalibu movie events; Chumash Day; the Bu Bash; Breakfast With Santa; and Senior Center programs.
On the west side of Malibu, the library participated in Get Your Stuff Day at Malibu High School and conducted programs at Malibu Elementary School. The Outreach Librarian also began monthly library outreach events at Santa Monica College and the Malibu Community Labor Exchange, ensuring that Malibu Library was promoting library services in all areas of Malibu.
During the 2023 – 2024 fiscal year, the library participated in 46 outreach events and reached 1,159 people.
Bu Bash Breakfast With Santa
15 Malibu Elementary Senior Center Luncheon Santa Monica College Santa Monica College Chumash Days
Volunteer Hours
The Friends of the Library actively supported Malibu Library throughout the year. Proceeds from their bookstore sales and book fairs enabled the library to regularly purchase new books and present programs such as Music Together, Dungeons & Dragons, and Caffeinated Verse.
Friends of the Malibu Library Friends of the Malibu Library Book Sale 16 Recommendations / Discussion
1. Continue Funding FY 2025 – 2026*
• Continue funding one security guard to monitor security in/around the library. $130,000.
• Restore funding for a second security guard, if needed, as the library customer activity increases. $130,000.
• Continue Outreach Librarian I to provide programming in underserved West Malibu. $155,000.
• Continue Teen Librarian I. $155,000.
• Malibu Library Speaker Series. $125,000.
• Continue additional service hours. $175,000.
• Continue unscheduled maintenance. $100,000.
• Continue to fund Smart Start programs and staff training. $50,000. • Continue unreserved balance (to fund any unanticipated items agreed upon mutually during the year). $150,000.
2. Recommendations from Malibu Library staff:
• Consider funding phase 2 of Teen Area refresh, to include new tables with convenience power. $30,000.
3. Recommendations/Priorities from the Library Subcommittee, as discussed at the 11/26/2024 City Council meeting:
• Current Services and Service Metrics
• Continuation or Augmentation of City’s Annual Allocation • Malibu Film Society Series
• Support for Malibu School Campus Libraries
• Library Speaker Series
• Exploration of Expanded Library Services within Community Lands Project
4. Library expansion proposal
5. Community needs assessment
6. Potential donation to Library/Foundation for resiliency project. *All costs are estimates; Library will charge actual costs incurred. 17
Agenda Item # 8.A.
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Candace Bond, Interim City Manager
Date prepared: November 7, 2025 Meeting date: December 8, 2025 Subject: Proposed 2026 Calendar of City Council Meetings (Continued from November 24, 2025)
RECOMMENDED ACTION: Approve the proposed 2026 Calendar of City Council meetings.
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 2024-25 Strategic Priority Project List.
DISCUSSION: Staff has prepared the proposed 2026 Calendar of City Council Meetings for Council consideration and adoption.
Conflicts with Malibu Municipal Code defined holidays and Rosh Hashanah and Yom Kippur have been considered in the proposed calendar.
The draft calendar includes special meetings for Fiscal Year 2026-27 Proposed Budget in April and an additional special meeting each month to consider land use matters or other special business. These special meetings will be held on an as needed basis but are prescheduled to simplify coordination and provide additional notice to the public.
ATTACHMENTS: Proposed 2026 Calendar of City Council Meetings City Council Meeting
12-08-25
Item
8.A.
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CITY OF MALIBU
2026 CALENDAR OF MEETINGS
KEY
Regular City Council Meeting
Special City Council Meeting 2:00 PM
Special City Council Budget Workshop TBD
Holiday
# Traditional Dark Meeting
Regular Planning Commission Meeting 6:30 PM
HOLIDAY SCHEDULE
Thursday, January 1 New Year’s Day Friday, July 3 * Independence Day Monday, January 19 Martin Luther King Day Monday, September 7 Labor Day Monday, February 16 President’s Day Wednesday, November 11 Veterans Day Monday, May 25 Memorial Day Thursday, November 26 Thanksgiving Day Friday, June 19 Juneteenth National
Independence Day
Thursday, December 24 –
Friday, January 1
Winter Closure
Attachment 1
Agenda Item # 8.B.
Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Candace Bondy, Interim City Manager
Date prepared: November 12, 2025 Meeting date: December 8, 2025 Subject: Council Appointment to the Malibu Arts Commission (Continued from November 24, 2025)
RECOMMENDED ACTION: Councilmember Stewart to make an appointment to the Malibu Arts Commission.
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 2024-25 Strategic Priority Project List.
DISCUSSION: The Malibu Arts Commission seat appointed by Councilmember Stewart became vacant upon the passing of E. Barry Haldeman. Pursuant to Government Code Section 54974, a notice of unscheduled vacancy was posted on November 6, 2025.
Councilmember Stewart may make his appointment at this time.
Members of the public may find the Commission application at MalibuCity.org/Commissions and sign up for notifications regarding Commissioner Recruitment at MalibuCity.org/NotifyMe.
ATTACHMENTS:
1. Notice of Unscheduled Vacancy
2. Applications received to date
City Council Meeting
12-08-25
Item
8.B.
1 City of Malibu
23825 Stuart Ranch Road Malibu, Califomia 90265
(3 10) 456-2489 fax (3 10) 456—2760
City Board / Commission / Committee Member Application
As a candidate for membership on a City Commission / Committee, please complete this application, profile and qualification form in order for the City Council to best consider your application for appointment.
Please feel free to provide additional sheets or a resume, if desired. Completed applications are to be submitted to the City Clerk’s Office, Malibu City Hall, 23825 Stuart Ranch Road, Malibu, or Via email to [email protected].
Board / Commission/ Committee Applying for: Malibu Arts commiSSion Applicant=sName Maureen J Haldeman
Home Street Address & City , State and Zip Code:
Home Telephone
Work Telephone Email Address
it: r“ Cell Telephone
Profile Information: Please provide detailed information which demonstrates experience or background applicable to the Board / Commission / Committee (including education and experience on study groups, task forces and committees, community / civic and business activities). see attached answer
Page l of4 Attachment 1
2 Qualifications: Please provide detailed information which demonstrates professional skills and talents applicable to this Board / Commission / Committee.
tth nwr
Role and Issues of Board / Commission / Committee: Please provide detailed information which demonstrates your opinion as to the role of a City Commissioner/ Committee or Board Member and issues you feel need to be addressed by Malibu which relate to this Board / Commission / Committee. see attached answer
3 Certification: Please initial next to the Board / Commission / Committee you are applying for to confirm you meet the membership qualifications.
Building Board ofAppeals
o I am not an employee of the City of Malibu.
o I am qualified by experience and training to pass upon matters pertaining to building constiuction
Malibu Arts Commission:
0 I am a resident of the City of Malibu
o I am not an official or employee ofthe City of Malibu.
Mobilehome Park Rent Stabilization Commission
o I am a resident of the City of Malibu
o I am not, nor have I been in the last five years, a park owner or homeowner in a mobilehome park o If appointed, Iunderstand that I will be required to file a Statement of Economic Interests (Fonn 700), pursuant to the City’s Conflict of Interest Code Parks and Recreation Commission
o I am a resident of the City of Malibu
o I am not an official or employee ofthe City ofMalibu.
Planning Commission
o I am a resident ofthe City of Malibu
o I am not an official or employee of the City of Malibu. 0 If appointed, Iunderstand that I will be required to file a Statement of Economic Interests (Form 700), pursuant to Govemment Code Section 87200 Public Safety Commission
o I am a resident ofthe City of Malibu
o I am not an official or employee of the City of Malibu Public Works Commission
o I am a resident of the City of Malibu
0 I am not an official or employee of the City of Malibu.
Wastewater Advisory Committee
o I am either a resident or property owner in the City of Malibu, currently employed with the City of Malibu, or a wastewater or onsite wastewater treatment system professional EX-offlcio Position (Malibu Arts Commission, Parks and Recreation Commission, or Public Safety Commission)
0 I am not a resident of the City of Malibu. I live outside the city limits but Within the 90265- zipcode area. Iunderstand the ex-officio member shall not have a vote on the commission and may not serve as either chair or vice chair of the commission.
Page
4 3 of 4
Acknowledgement, Authorization and Release
I understand that in connection with this application for a board, committee, or commission appointment, this document and the information contained herein may be made available to the public upon a public records request. By signing and submitting this application, Icertify and declare under the penalty of perjury under the laws of the State of Califomia that the foregoing is true and correct.
November 13, 2025
Date
5 of 4
Application for consideration for appointment to the Malibu Arts Commission
Maureen J Haldeman
1) Profile Information
Appointed in 2010 by former Malibu Mayor, John Siebert, to the original Malibu Arts Task Force, I contributed to the development of the initial recommendations that led to the creation of Malibu’s first Arts Commission. This role provided direct experience with civic arts planning, cultural policy, and collaborative committee work.
I am a fine arts photographer with a long-standing career, living in and working in Malibu and beyond, with over fifty exhibitions locally, nationally, and internationally. My work has been featured in maj or publications and is frequently used for film and television set design. I am represented by Fabrik Projects Gallery in Los Angeles and ECAD London Gallery in the UK, as well as The Collective by Renegade Studios.
My background includes teaching photography and darkroom skills at the college level, mentoring emerging artists, and developing curriculum that emphasizes both technical proficiency and creative vision. lpreviously owned and operated a portrait studio in Malibu, which gave me an understanding of arts-based business operations within the community.
I’ve also worked with gallery owners to curate exhibitions, assisting with artist selection, installation, and overall presentation. Throughout my career I’ve stayed actively involved in Malibu’s creative community and value opportunities to support and expand local arts initiatives.
6 2) Qualiflcations
My background combines hands-on creative work, arts education, and experience with exhibitions and curating. As an artist, I’m familiar with developing Visual concepts, planning and presenting exhibitions, and working with both public and private audiences.
Teaching at the college level has given me experience in guiding creative growth, building educational programs, and helping artists refine both their technical abilities and their artistic voice.
My curatorial and exhibition experience adds practical understanding of gallery operations, public engagement, and the logistics of presenting artwork in community settings.
These combined skills support the goals of a city arts commission focused on cultural development, public art, community local and visitor access, and creating meaningful opportunities for local artists.
Affiliations Include:
Los Angeles Art Association, Los Angeles, California
Malibu Art Association, Malibu, California
International Association of Art-USA
American Photographic Artists-LA
Los Angeles Center of Photography, Los Angeles, California Griffin Museum of Photography, Boston, Massachusetts
7 3) Role and Issues 0f the Board / Commission / Committee Ibelieve the Malibu Arts Commission should help connect the community, artists, and city leadership. The role of commissioner involves supporting public art projects, encouraging community participation, and helping shape the future of Malibu’s cultural identity. The Commission should advocate for the arts as essential to community well-being, education, and civic life.
For Malibu, I see several important issues: expanding opportunities for local artists, increasing public access to the arts, and building programs that highlight Malibu’s natural beauty and cultural history. Strengthening arts education and outreach is also important, especially for younger residents and new artists. There is also a need to support resilience and recovery within the community following fires and other local challenges.
Malibu has faced (and faces) many challenges. Supporting the creative community and helping the arts remain a source of resilience and connection is essential; a strong Arts Commission can help the city continue to grow its cultural presence in a way that reflects Malibu’s unique character and spirit. 8 City of Malibu
23825 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-3356 · www.malibucity.org Unscheduled Vacancy Notice
(Government Code Section 54974)
VACANT POSITION PREVIOUS INCUMBENT DATE APPOINTMENT
CAN BE MADE
Malibu Arts Commission Barry Haldeman November 21, 2025 Interested citizens should contact the City Clerk at (310) 456-2489, extension 228 or by email at [email protected] for more information.
Posted: November 6, 2025
________________________________
Kelsey Pettijohn, City Clerk
Attachment 2
9
Agenda Item # 8.C.
Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Richard Rojas, Deputy City Manager
Approved by: Candace Bond, Interim City Manager
Date prepared: November 20, 2025 Meeting date: December 8, 2025 Subject: Proposal for a Council Policy to Facilitate the Expeditious, Efficient and Economical Rebuild of all Structures in the City Destroyed or Materially Damaged by Wildfire, Earthquake, Flood, Landslide, Mudslide or Similar Disaster in Substantially the Same Location as the Destroyed or Damaged Structure and in a Like-for-Like Manner that Does Not Exceed 110% of the Area, Height or Bulk of the Structure Destroyed or Materially Damaged (a “Like-for-Like Disaster Rebuild”). (Mayor Pro Tem Silverstein and Councilmember Conrad) (Continued from November 24, 2025)
RECOMMENDED ACTION: At the request of Mayor Pro-Tem Silverstein and Councilmember Conrad, discuss and provide direction on the attached resolution.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
DISCUSSION: City Manager’s Note: The attached resolution in this report was provided by Mayor Pro Tem Silverstein and Councilmember Conrad. This report does not contain analysis or recommendations prepared by the staff.
ATTACHMENTS: Proposed Resolution
City Council Meeting
12-08-25
Item
8.C.
1 PROPOSED CITY COUNCIL POLICY RESOLUTION
RESOLUTION NO. 25-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MALIBU DECLARING THE CITY’S POLICY RESPECTING
LIKE-FOR-LIKE DISASTER REBUILDS AND DIRECTING
THE CITY TO TAKE VARIOUS ACTIONS IN ACCORDANCE
WITH THAT POLICY
THE CITY COUNCIL OF THE CITY OF MALIBU HEREBY
RESOLVES AS FOLLOWS:
The City Council of the City of Malibu (the “City Council”) hereby declares that it is the policy of the City of Malibu (the “City”) to facilitate the expeditious, efficient and economical rebuild of all structures in the City destroyed or materially damaged by wildfire, earthquake, flood, landslide, mudslide or similar disaster in substantially the same location as the destroyed or damaged structure and in a like-for-like manner that does not exceed 110% of the area, height or bulk of the structure destroyed or materially damaged (a “Like-for-Like Disaster Rebuild”).
In furtherance of the foregoing City policy, the City Council directs the following:
1. The City shall take all necessary and appropriate action to ensure that no person or entity employed by, or contracted to provide services to, the City (the “City Staff”) imposes any requirement that does not exist under applicable federal, state, county, or other law (including the Malibu Municipal Code or “MMC”)) for the approval and issuance of a planning verification (a “PV”), the completion of a plan check, the approval and issuance of a building permit, or the approval and issuance of any other permit required to be issued by the City for a Like-for-Like Disaster Rebuild. In so doing, any doubt respecting the application of a legal requirement or the manner if its application respecting any Likefor-Like Disaster Rebuild shall be resolved in favor of the City’s policy to facilitate the expeditious, efficient and economical design and construction of structures destroyed or materially damaged by wildfire, Attachment 1
2 earthquake, flood, landslide, mudslide or similar disaster as a Like-forLike Disaster Rebuild. To that end, whenever there is a difference of opinion on an issue that the Director of the Community Development Department (the “CDD Director”) recognizes to be a difference of opinion upon which reasonable professional civil engineers might differ, the City Staff shall defer to the stamped and certified decision of the civil engineer employed by an applicant so long as such civil engineer is a California licensed civil engineer experienced in the particular practice that is implicated by the item in controversy (e.g., structural, geotechnical, electrical, coastal, environmental, etc.).
2. Every reasonable and legally permissible effort must be pursued to liberalize the process of securing building code approval for Like-forLike Disaster Rebuilds. As such, the City shall identify requirements of the building code that may impede the efficient, expeditious, and economical design and construction of Like-for-Like Disaster Rebuilds (especially where the property is on the beach or an area that has exhibited historical geological instability) and explore ways to overcome such impediments, such as, for example, eliminating the need for geotechnical analysis for Like-for-Like Disaster Rebuilds to be reconstructed on flat pads where pre-existing data provides a sufficient basis for the property owner’s geotechnical engineer to be satisfied respecting slope stability and other factors and the property owner is willing to assume the risk of an undetected issue. Additionally, efforts should be pursued to secure the Governor’s further relaxation of the building code for requirements that do not provide a real and necessary foundation for safety. Among other things, efforts must be pursued to permit residents to use pre-existing foundations and septic systems that were not destroyed by the Palisades Fire. And, if practicable, the process for obtaining proof of geological stability in previously developed areas of historic instability needs to be streamlined.
3. All improvements to the process of applying for and obtaining approval for the design and construction of Like-for-Like Disaster Rebuilds, which the CDD Director presented to the City Council at the Special Meeting of the City Council on October 15, 2025 shall be implemented in an expeditious manner, and the City Manager, or such other person the City Manager might designate, shall provide a status report to the City Council of the implementation of the improvements 3 at each Regular Meeting of the City Council until such time as all such improvements have been implemented.
4. When dealing with an application respecting a Like-for-Like Disaster Rebuild, it is imperative that all members of the City Staff are singlemindedly focused on finding ways to facilitate the efficient, expeditious and economical construction of Like-for-Like Disaster Rebuilds. By the same token, when dealing with matters other than Like-for-Like Disaster Rebuilds, it also is imperative that the members of the City Staff remain committed to and focused on pursuing Malibu’s vision and mission of constraining development to preserve Malibu’s fragile rural nature.
5. Each Like-for-Like Disaster Rebuild shall be assigned to specific members of the City Staff who will be responsible for handling all aspects of the Like-for-Like Disaster Rebuild assigned to them that is within their area of expertise, and who must work in coordination with one another and not in a serial or separate manner, in order to provide continuous support, advocacy, and problem resolution throughout the process. Because Like-for-Like Disaster Rebuilds in different areas of Malibu will present different challenges, consideration should be given to dividing up the work among members of the City staff by the area in which the Like-for-Like Disaster Rebuilds are being pursued – i.e., on the beachfront, on a landslide area, on a stable hillside, on relatively flat property along the landside of PCH, etc. It also would be helpful for the City to employ or contract for the services of “case managers,” who can be tasked with the assignment of following all Like-for-Like Disaster Rebuilds from the time of initial submission to the issuance of a Certificate of Occupancy, and whose responsibilities will include interfacing with the member(s) of the City Staff working on the projects being followed by the case managers.
6. The CDD Director, or such person designated by the CDD Director, shall develop a written comprehensive checklist of items that City Staff is required to consider and address in the first pass of a completed PV, plan-check, or building permit application – such that an applicant will not be met with successive requests or qualifications (other than those created by changes made by the applicant following a review that does 4 not result in an approval). There also must be a measurable time period between submission of a completed PV, plan-check or building permit application and approval or denial thereof, and any denial should be accompanied by a written explanation of all reasons for the denial.
7. Applicants for Like-for-Like Disaster Rebuild hall be permitted to obtain a PV for the structure(s) on their property separate from and prior to the submission and approval of a landscaping plan, geotechnical studies, drainage plan and/or erosion control plan. They also shall be able to obtain a building permit (but not a certificate of occupancy) separate from and prior to landscaping, Dark Skies, and other matters that do not impact the plan and construction of the main residence and other structures that predated the disaster that destroyed or substantially damaged their structure(s). For properties on the beach, applicants for a Like-for-Like Disaster Rebuild shall be permitted to obtain a PV and a building permit (but not a certificate of occupancy) without accounting for whether the rebuild will utilize an OWTS or a sewer connection, so long as the addition of either will not alter the plan and can be accomplished after the rebuild is otherwise completed.
8. Given the number of crucial decisions that need to be made corresponding to Like-for-Like Disaster Rebuilds, the CDD Director, or such other person as the CDD Director should designate, shall provide a progress report to the City Council at each Regular Meeting of the City Council and identify all outstanding issues of significance until they are resolved to the satisfaction of the City Council. The City shall establish targets, goals and metrics for reviews that are published and tracked to identify areas of continuous improvement.
PASSED, APPROVED and ADOPTED this __ day of _____, 2025. ________________________
Marianne Riggins, Mayor
ATTEST:
_______________________
Kelsey Pettijohn, City Clerk
5 I CERTIFY THAT THE FOREGOING RESOLUTION NO. 25-
___ was passed and adopted by the City Council of the City of Malibu at the regular meeting held on the __ day of ______, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________
Kelsey Pettijohn, City Clerk
6