Forget about renegotiation
Public circulation of one or more alternate proposals on Measure M, together with advertisements in the press, has raised a question concerning the Malibu Bay Company’s willingness to renegotiate the terms of the Development Agreement should voters not approve Measure M. With three weeks to go before the balloting, I think it is important for us to answer the question clearly. Renegotiation is not a realistic possibility.
The Measure M Development Agreement is the product of nearly six years of careful planning and often arduous negotiations – a painstaking effort in which MBC participated at the City’s invitation. We have very much appreciated the City’s forthright and helpful partnership in the process. Given that the final agreement (Measure M) meaningfully addresses concerns raised by the Planning Commission and was approved unanimously by the full City Council and now apparently enjoys widespread support in the Malibu community, our joint efforts have indeed borne fruit.
We believe that Measure M includes important compromises by both the City and MBC. As such, it encompasses a fair “package” for the community and MBC and from our client’s perspective reflects as many compromises as it believes are reasonable for the benefits it will receive.
In addition to making the Chili Cook-off site available for public acquisition at the urging of City leaders, it has agreed to significantly less development than is permitted under current zoning rules. It has also covenanted to provide a robust package of community benefits – tens of millions of dollars in land and cash – that, absent the Development Agreement, are largely unobtainable.
These include: Cutting commercial development by as much as 114,000 square feet and reducing associated traffic; A three-year option permitting the city to purchase the Chili Cook-off site, making possible the initiation of a coordinated water and wastewater reclamation program that can provide critical help in cleaning up Malibu Creek, Malibu Lagoon and Surfrider Beach; Providing land and funds for a new Community Center; Creating 41 acres of permanent, open space on land that may currently be developed for commercial and residential uses; Providing $60,000 for a Civic Center wetlands feasibility study; Constructing a state-of-the-art Urgent Care Facility on the Saint John’s parcel in the Civic Center; Providing funding for ball fields; Helping restore an Environmentally Sensitive Habitat Area (ESHA) along Trancas Creek; Completing trail links in the Trancas Creek area.
Therefore, should Malibu voters decide that a long-term development agreement is not in their best interests, MBC will respect their judgment and will deal with its properties on a parcel by parcel basis. If you have any questions or want to discuss this further, please do not hesitate to call.
Richard S. Volpert
Munger, Tolles & Olson