The difficulty in redeeming CRV tax and recycling cans and bottles locally

The 54th Earth Day on April 22 is billed as the world’s largest event dedicated to preserving our planet. City-sponsored events in Malibu include Electronic and Household Hazardous Waste Collection, Document Shred Day, Organic Recycling Virtual Training, the 2024 State of the Watershed, and a Firescaping class, with all events free and open to the public. 

The city will also be posting sustainability tips on social media throughout Earth Month. But there’s been scant discussion on recycling cans and bottles that are subject to the state CRV (California Redemption Value) tax and receiving your deposit back from your purchase. 

The CRV tax was initially imposed in 1987 to encourage the recycling of bottles and cans that would otherwise end up in landfills. CRV is a fee that is paid to the state by beverage distributors, not a deposit. Distributors pass the fee along to customers through California law.

The program is administered by CalRecycle. Beginning Jan. 1, 2024, more beverage containers, especially those containing alcohol, are now charged the CRV value of either 5 or 10 cents per container. But the CRV is much less a redemption value now than it is a fee or part of the selling price. It’s more like a convenience charge, which the distributor is choosing to recover from the customer, but technically which the customer can recover by returning the container. However, redemption for cash value is extremely difficult, not to mention time-consuming.

In the last few years the business model for recycling centers bottomed out, forcing many to simply close because the bulk return rates were not sustainable for profits. Many grocery stores that used to recycle materials either inside or outside their stores stopped the practice, claiming that handling the materials is unhygienic.

According to CalRecycle, “If there are no longer traditional recycling centers to provide takeback opportunities in your area, state law puts the redemption obligation on CRV beverage retailers. A check of CalRecycle’s in-store CRV redemption locator database shows the following retailers returned signed affidavits to CalRecycle choosing to redeem in-store rather than pay a $100 daily penalty to fulfill their legal redemption requirements. Those stores are ARCO ampm, 29145 Heathercliff Road; John’s Garden; Malibu Chevron, 23670 Pacific Coast Highway; Malibu Ranch Market; Malibu Shell; Trancas Canyon Chevron, and Vintage Grocers.

When contacted, it appeared only Vintage Grocers and John’s Garden were accepting pre-counted can and bottle returns for CRV redemption with the latter, a restaurant, not equipped to receive large quantities of takebacks, but certainly willing to return deposits on containers purchased at the eatery. The other retailers in the database may not be actively in compliance with CalRecycle. 

As for other major grocery stores in Malibu, Whole Foods does not accept CRV redemptions; Pavilions, which previously accepted returns, no longer does; and Ralphs removed their automated return machines located at their storefront about six years ago. Ralphs and Pavilions, as well as CVS Pharmacy, have been paying a $100 daily fine to CalRecycle for non-compliance. As of their last payment on March 28, Ralphs has paid $186,000 instead of providing recycling machines. The Ralphs Corporation was unavailable for comment.

Redemption programs are about to change, though, with reforms beginning Jan. 1, 2025. Beverage retailers over 5,000 square feet and more than $1.5 million annual sales, excluding fuel, in what CalRecycle terms “unserved convenience zones” will no longer have the option to pay $100-per-day to not redeem. Instead, obligated retailers, including Ralphs Malibu, will have the option to either redeem CRV containers in store, or join a non-profit dealer cooperative that redeems on its behalf.

CalRecycle stated there is $300 million approved by lawmakers to expand recycling efforts that could include reverse vending machines, mobile recycling, and bag-drop recycling.

A reverse vending machine is described as an unattended machine allowing CRV containers for input one-by-one, or others allowing consumers to input many containers at once.

If a certified recycling center or obligated beverage retailer fails to fulfill its legal redemption obligations, Californians can file a formal complaint by calling 1-800-RECYCLE or emailing complaints@calrecycle.ca.gov. Non-compliant businesses face CalRecycle inspections and escalating penalties of up to $10,000 for each violation. 

The public is encouraged to weigh in on the proposed new recycling rules electronically, by mail, or by joining an April 30 hybrid public hearing starting at 9 a.m. in the CalEPA headquarters in Sacramento (Zoom registration required for remote participation).

More financial details explained in creating a Malibu Unified School District

As progress inches slowly toward the creation of a stand-alone Malibu Unified School District (MUSD), the City of Malibu held a second workshop to inform residents on the complicated process in divorcing from the Santa Monica-Malibu District. 

While a major milestone has been reached in the negotiation process with a Revenue Sharing Agreement (RSA) completed, albeit still pending ratification, two other agreements with Santa Monica still need to be worked out. They include an Operational Agreement and Joint Powers Agreement (JPA).

Cathy Dominico, a consultant for the City of Malibu and managing partner of Capitol PFG, presented a summary of the state of the schools’ separation process.

Dominico, a property tax expert, explained that the RSA memorializes the future allocation of what are currently all SMMUSD revenues between the successor educational entities. The Operational Agreement will define what will happen to the district’s assets including staffing, liabilities, and operational processes. 

The JPA will create a body governed by both parties to administer the separation.

A guiding principle in the separation of Malibu and Santa Monica schools is that each district have the funding to maintain a similar level of service at each school site as prior to separation. And that’s where things get complicated. As Malibu currently pays a disproportionate share of the school district’s overall budget relative to student population, Santa Monica has required assurances that it will receive transfer payments for some period of time to make up for its loss in revenue from Malibu property taxes and to keep its growth at no less than the historical rate of 4 percent.

Dominico and her associates working for Malibu stress-tested dozens of different scenarios to ensure that Santa Monica will be made whole while also ensuring sufficient funding for a MUSD. 

“Malibu has to make up the difference if there’s a shortfall in Santa Monica,” said Mike Matthews, former Malibu High School principal and retired superintendent of the Manhattan Beach Unified School District. Mathews is also a Malibu resident, now an educational advisor for the Malibu unification team. Under some scenarios, Malibu’s transfer payments would cease by the 2041-42 school year, while contractually the latest date would be 2051. 

“The agreement is not in perpetuity,” Dominico stated, noting that the 2051 termination date is fixed irrespective of how long it takes for the separate MUSD to commence operations.

Attendees asked whether Malibu’s tax base would sink should another natural disaster strike. Dominico answered that even with the Woolsey Fire, Malibu may have lost students who were forced to move, but aggregate city property taxes did not fall.

Dominico warned that for the initial MUSD budget, “It will be tight in the first couple of years.” 

Matthews concurred explaining, “We’ve looked at what we would need in terms of staffing, in terms of keeping everything going, and yeah, we believe we can do it. One of the things we hear a lot is, ‘I can’t wait till we can add a lot of stuff,’ and [initially] we’re not going to add stuff. In fact, one of our pieces of advice to the new district will be being a small district can be a dangerous thing because your resources are limited and giant unexpected expenses can be very harmful. 

“So, our advice will be when we do get increases in revenue to squirrel it away and put it in a really big reserve so that we as a small place can do that. It will even out eventually, but … we’re going to keep things the same, but hold off for a while until we feel secure that we can protect ourselves from anything that might come our way.”

Another Malibu consultant, La Tanya Kirk-Carter, a former chief administrative officer for the Beverly Hills Unified School District, added, “We could be more efficient spending our own money. You’ll get more bang for your buck.”

Dominico concluded, “What this gives us on day one is local control.”

City leaders are encouraging residents to voice their opinions and concerns. Comments or questions can be sent to the Malibu Deputy City Manager Alexis Brown at ABrown@malibucity.org or (310) 456-2489 ext. 300.

Emily Shane Foundation holds its annual ‘Wings Over Malibu’ event at Dukes 

“Educational equity is our mission, every child deserves the opportunity to complete middle school and high school, to have a fair chance at a bright future,” Emily Shane Foundation founder Ellen Shane said. “We’ve seen students from failing grades to passing, to A’s to B’s, we’ve seen students suffering from low self-esteem, feeling hopeless, to not believing in themselves, to knowing that they can succeed with the right help, the need for our work is advanced.” 

Last week, the Emily Shane Foundation held its annual Spring Gala fundraiser, “Wings over Malibu,” directly over the waves in the Ocean Room at Dukes Malibu. Over a dozen items were up for auction to support their Successful Educational Achievement (SEA) Program, a program that empowers underserved, disadvantaged middle schoolers at risk of academic failure by providing them with intensive and individualized academic tutoring and mentorship.

Local band Little Dume, presented an acoustic set, and members of the Malibu Middle Orchestra serenaded guests as they arrived. 

Ellen Shane welcomed guests to the auction and shared what the program has done for students.

“Ninety-seven percent of them are a minority and 80 percent of them score below proficiency in math, 77 below proficiency in reading,” Shane said. “These are the students we serve, the students need our specialized support.”

Some of the auction items included dinner certificates, European cruises, summer camp sessions, and admission passes for Disneyland in Anaheim.

Two students thanked the foundation and what the SEA Program helps.

“We are here tonight enjoying a great evening together, to help support this important mission,” Shane said. “The SEA Program isn’t just a legacy to Emily; it’s a force for good in the lives of so many students, it’s a testament to the power of compassion, the importance of community, and the potential in every child.”

The foundation honors the life of Emily Shane, who was killed walking along PCH in 2010 at age 13. The SEA program provides critical academic one-on-one tutoring and mentorship to struggling middle school students at risk of failure and solely serves those who cannot otherwise afford this necessary help outside the classroom. The program helps give these children hope, confidence, and a future. 

The foundation also held a fundraiser, “Crystallizing Success,” at Sorenity Rocks at Cross Creek last year, where dozens of donors enjoyed an evening of wine, crystal healing stations, and an opportunity to donate to the SEA Program. The foundation’s “Pass it Forward” motto encourages kindness and social consciousness as each student performs one good deed per session with their mentor/tutor. Mentors and tutors are all university students or recent graduates. Students, parents, and tutors shared their experience, and what the program has done for them.

Emily’s father, Michel Shane, has also recently produced a film, “21 Miles in Malibu,” where he exposes the dangers of the Pacific Coast Highway. 

The film will also be screened at Malibu High School on Wednesday, May 1.

Following the film screening, there will be a powerful panel discussion moderated by LA County Supervisor Lindsey Horvath to inform and educate students and parents about the dangers on PCH and offer tips to make driving on PCH safer for teenagers. The panelists include Sheriff’s Capt. Jenn Seetoo, California Highway Patrol Capt. Dennis Ford, Robert D. Cohen, Bridget Thompson, and Michel Shane.

The Emily Shane Foundation is a 501(c)3 nonprofit charity based in Malibu and serves children across Los Angeles and Ventura counties. To learn more about the foundation, visit emilyshane.org.

Malibu Community Labor Exchange Board President Kay Gabbard honors the late Russell McMonigle

The Malibu City Council began its meeting by presenting a City Tile to Parker Davis for seven years of service to the City of Malibu.

“I just want to thank the council for an opportunity to recognize my seven years of service in Malibu. It has been a truly unique and exciting experience to grow skills, explore interests, and learn how the government operates,” Davis said. “I really enjoy my seven years here and, I’m looking foward to more to come.” 

Public Safety Director Susan Dueñas presented the Proclamation for declaring April 21-27, 2024, to be National Volunteer Week.

“Malibu Volunteers on Patrol worked 8,663 hours in 2023, providing traffic control at incidents that happen throughout the year; they issued over 14,961 citations for illegally parked cars, contributing significantly to the public safety efforts in Malibu, whereas the Malibu Community emergency response team, volunteered over 1,526 hours in 2023, working towards improvement on communications ability, maintaining emergency supply bins, conducting refresher training for the team and the community, and assisting with conducting two Community Emergency Response Team classes, wheras Arson Watch volunteers worked 3,599 hours in 2023, patrolling our neighborhoods at all hours of the day, during at times of high fire risk, to identify fires early before, when it’s easier to have them extinguished,” Dueñas said. “Volunteers help promote positive change with their efforts regardless of the size of the action; volunteerism strengthens communities and overall enhances Malibu.”

The City of Malibu honored volunteers at Malibu Volunteers on Patrol, the CERT Team, and Arson Watch.

“The City Council and the City of Malibu declares April 21 through April 27, 2024 as National Volunteer Week and recognize the many volunteers that help make Malibu a better and safer place to live and enjoy,” Dueñas said.

Malibu Volunteers on Patrol Team Leader Mark Russo said it’s been great working with the CERT Team, Arson Watch, and Malibu Search and Rescue. 

“We have a really good working relationship with the city and we have a lot of really good members that love contributing their time to patrolling the city of Malibu,” Russo said. “Given the weather and a lot of traffic issues that we’ve had, it actually been a busy first part of the year for us as we come into summer we’re starting to feel an influx of visitors to Malibu so we try to be very concentrated on the weekends as much as possible, but it’s shaping up to be a very busy year.”

Yolanda Bundy presented the City of Malibu’s New Development Application Portal. Planning, building, and safety staff have created and designed a development portal to submit projects to view the status on projects, manage documents as well as collect fees.

Councilmembers thanked Bundy and staff for their work on the report. 

“I look forward to the improved customer service that this is going to bring and hopefully making everyone’s work day just a little more pleasant as you go through it,” Councilmember Marianne Riggins said. 

For public comment, Malibu Community Community Labor Exchange Board President Kay Gabbard spoke and honored Russell McMonigle, who passed away on April 12 at Zuma Beach.

McMonigle was found at Zuma Beach by an LA County Beaches and Harbor maintenance employee with a head injury and was pronounced deceased at the scene. According to Malibu/Lost Hills Sgt. Chris Soderlund, the medical examiner said the incident was a natural death. No evidence of foul play was found.

“Malibu lost a local icon, Zuma Beach lost a familiar face, Russell McConigle, 73, quietly left us early that morning, most likely from a heart attack. He passed very quickly into his next life away from his beloved beach, birds, and friends,” Gabbard said. “For 15 years we have watched Russell walk up and down Zuma picking up trash and treasures. The last six or seven years pushing or pulling various cards loaded with his current fully stocked belongings more and more hunch from arthritis and sleeping on hard, cold surfaces. Many of us walked by him with a smile, some offered him food or a new cart, and listened to his stories. He left us the day after our two outstanding People in Concern outreach workers took him to see the apartment that could be his in Santa Monica. He loved us knowing he had friends and was loved for who he was.” 

Gabbard thanked the people who helped McMonigle and organizations who help those experiencing homelessness in Malibu.

“Thank you, City Council, for your support of the People in Concern and your current review of The Malibu‘s Housing Element Program but mostly, thank you, Russell, for trusting us enough to let us be your friends,” Gabbard said. “To know you was not easy, but you know you was to love you. Rest in peace, Russell.” 

For city updates, City Manager Steve McClary provided a brief update on traffic, road closures, and upcoming events such as the State of the City on May 10.

For the permanent skatepark, Community Service Director Kristin Riesgo said they are going through the final details to get through plan check and will share those with the city manager this week.

“It is in their hands to get us those final designs so we can start that process,” Riesgo said. 

Malibu/Lost Hills Sheriff’s Sgt. Chris Soderlund provided an update on crime, safety, and traffic. 

Soderlund said 16 people, year-to-date, have been arrested for reckless driving and/or racing in the City of Malibu, and 24 people have been arrested for DUI.

Soderlund also announced the upcoming event, “Safe on PCH.” The weeklong program focuses on safe driving, and will engage students and families in the role we all play in keeping our roads safe to make Malibu a safer community. To see the list of events can be viewed on the city’s website malibucity.org.

Public Works Director Rob DeBouxx presented the Floodplain Variance – 19750 Pacific Coast Highway.

To end the meeting, the council received a presentation from the Planning Department describing the Formula Retail Clearance process established by Ordinance No. 431.

The next city council meeting is on May 13 at the council chambers.

CAPTION (for any of the McMonigle photos)

During the Monday, April 22, Malibu City Council meeting, Community Labor Exchange Board President Kay Gabbard honored the late Russell McMonigle, whom she called a “local icon” at Zuma Beach. Contributed Photo

Parker Davis

The City of Malibu honored Parker Davis for seven years of service at the Monday, April 22, City Council meeting. Photo Courtesy of the City of Malibu

The City of Malibu declared April 21 through April 27 National Volunteer Week during the City Council meeting on Monday, April 23. Photo Courtesy of the City of Malibu.