City Council - Regular Meeting

one, not in a way. I mean. I just, I, so I didn't go through that. So I am qualified before. I invited I'm reading for it I'm waiting for it. OK. Yeah I more yeah OK. Well, I got hands but. I. I'm. and then the next

day. for that time you show up so. looks like long That's not that big soundboard contract I

think. Yeah that. seen Is. cos Yeah yeah OK. I. Yeah pretty bad. but OK, we ready? 3. OK That's it OK The September 29, 2025 adjourned regular meeting of the Malibu City council is now called to order. In-person participants, if you would like to speak, please submit your request to speak form to the

clerk, remote participants, if you would like to speak, please join the Zoom webinar meeting printed on the agenda, and raise your hand and zoom when the item you wish to speak on is called. May we please have a roll call? Councilor Conrad, here, Councilor Stewart, Councilor Uri, Mayor approach from Silverstone. Mayor Riggins, here, you have a quorum. OK, um, do we have any remote speakers? No, no, we don't have any raised hands or participants on Zoom. OK, I have one in-person speaker. If somebody pops up, then we'll go ahead and hear them, but hello Anne, how may we help listen to you today? Hello. hello. On the back That's good Sorry. So, um, actually I just want to encourage you guys, uh, I know you guys are making tough decisions, so just. um, just wanted to wish you guys luck um. you know, when people start doing like a deep dive. they're gonna find out that I actually worked for city government. not one of my proudest moments. It was kind of tough. I ended up quitting the job rather than towing the line, so like Kelsey and stuff, I can understand. so, um, just do a good job. I'm going to actually attend a parks and rec event and learn something, so, uh, thank you very much for the opportunity. Thank you bye Thank you. And did anyone pop up? No, still no participants on Zoom. OK, so then, uh, we will now recess to close session to discuss the items listed on the closed session agenda. We will reconvene at 5:30 to begin the

regular session and hear the

closed session report. the

something that's not here. The September 29, 2025 adjourned regular meeting in the Malibu City Council is now called to order. Sorry, I got my script wrong. Just a moment. I. OK, uh, in-person participants, if you'd like to speak, please submit your request to speak form to the clerk, remote participants who we would like to speak, please join the Zoom webinar meeting printed on the agenda, and raise your hand in zoom when the item you wish to speak on is called. May we please have a roll call? Councilor Conrad. Here, Councilor Stewart, here Councilor Uri, Mayor approachim Silverstein. Mayor Riggins here, you have a quorum. Thank you. We'll do the roll, the, uh, Pledge of allegiance. Please stand hand over your heart begin. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands on nation under God indivisible with liberty and justice for all May we please have a closed session report. Yes, at 4:30 p.m. the city council met in open session and recessed a closed session for Is listed on the posted agenda. All 5 council members were present and no reportable action was taken. OK. Um, maybe we have a report on the posting of the agenda. The agenda for this meeting was properly posted on September 19, 2025 with the amended agenda posted on September 26, 2025. Uh, may we please have her approval of the agenda, and I would like to make a couple suggestions if we could move item 2B before item 2A. And if we can pull item 2C and schedule um the item for a uh full discussion item, um, at a

future agenda. I'll move what you just described. Any seconds? OK I'll second it Wait, what's the action for 2C? The action for 2C was a commendation for the rebuild ambassador instead of presenting a recommendation at this time. We'll come back with a full agenda item to have a full discussion at a future agenda. So it's, it's pull item 2C from the agenda and direct staff to bring back an item for discussion regarding the rebuild Ambassador. May we have a roll call, please Mayor Proton Silverstein. Mayor Riggins. Councilmember Conrad. Yes, Councilor Stewart. Councilor Uri motion carries. Thank you. So if you're here for item 2C, we're gonna have that on a future agenda item in the future. for a full discussion Um dum, sorry. So now we'll go on to the consent calendar. Does anybody wanna pull, I'm sorry. Now consider the consent calendar remark participants, please raise your hand and zoom if you would like to speak on an item on the consent calendar. Do we have any in-person speaker cards? No, we don't have any speaker slips, but we do have one raised hand on Zoom. Jim Rogers. OK. Jim, what item would you like to talk about? Sorry, just general testimony. I'm not sure I'm in the right spot here, but about high rebuilds that I, uh, general public comment has not been called yet. That will be item 4A. So if you want to stay on the line and when with the mayor calls for that item, you can raise your hand again. This is just public comment for items on the consent calendar right now. That was the only

raised hand, and we don't have any speaker slips for the consent calendar, so that concludes public comments. OK. Uh, do we have any council members who'd like to pull something from the consent calendar. 1 B12, please. OK. When you said OK. 1B9 1 B 8 Move to approve the consent calendar excluding, um, items 789, and 12. Do we have a second One second. All in favor? Aye. Any opposed? None. Item passes. OK. 1B7 I pull that one. OK. Do you want a staff report or anything, just, I mean, look, I, I don't disagree with forming the committee. I think one of the things you guys have to recognize or work on when you get there is getting the sheriff's department to enforce some of this stuff. I mean, I'm getting phone calls all the time regarding ordinances we have that are not being enforced and it's causing us a problem. So when you, however you do your ad hoc committee on the camping stuff, uh, make sure we've got some agreement or whatever the heck we have to do to get some more participation from those guys to get that done. I'm just what I think. OK Are you ready for? Well, I, I'll, I'll make a motion, move it. OK. Um, first off, I think, uh, you guys are on the right path in this because you're talking about oversized vehicle coordinates and RVs, and it's not just about somebody that's uh homeless and sleeping on a sidewalk. This is about people that are home, uh what I would call homesteading along the beach, and it's reoccurring, um, and I was on the public safety commission, we got the oversized vehicle coordinates in, and we got what I call odd and even parking along PCH to force the cars to move at night and what's happened is we now have people and anybody who's been on Corral Canyon has seen

a couple of vehicles there that haven't moved all summer. They've been ticketed like crazy. and because of the laws about being able to tow them, we can't tow them but it doesn't mean you can't boot them. and I'd like for to make sure that you guys in your uh ad hoc, uh, take a hard look at see if we can get a boot ordinance for the city of Malibu so that, uh, even though we can't tell you we'll make it so you can't move and let's see, let's see how that works. So I appreciate if we add that to your, uh, requirements or your, your duties to take a look at uh booting. All right, thank you I, I would love for them to move, so how would booting them help our case? We have some of those vehicles have, I believe, 1000 to $15,000 worth of tickets. Yeah. And, uh, because they're out of state. Um-hum. Uh, we can't do anything about it. So if we put a boot on it where they can't move the vehicle until they, uh, and then we're talking about motor homes and cars and uh if they can't move their vehicle, then they will have to set up with us and move on. Um, why can't we tow them Why can't we tow them For a couple of reasons. First off, you have to have a go, Trevor, go ahead. Uh, you have to have the uh RVs have to be unoccupied. Um-hum. So you have to make sure that nobody's there. Um-hum. And secondly, you have to make sure that uh you are towing a vehicle that you're allowed to tow and that doesn't always apply even though you've got a bunch of tickets on it. I think the laws have changed about uh towing cars with excess tickets. I looked at the sheriff. you, you're allowed to, what do you mean a car you're allowed to tow? I'm not sure what that means. You're not out of the tow a vehicle, even though it has excess tickets. What if, what if it's in a is that a state law or state law. I'm looking for the sergeant or captain over there to to nod yes, you're not allowed to tow because we have a camping

ordinance, so the no camping ordinance, and then if they're parked in a if they're camping essentially in a vehicle, wouldn't that then be then breaking the law, and then we can tow them. I think that's where we want the ad hoc to come back and give us an opinion and show what our what our uh mitigation and ultimate outcome is. We thought giving him a ticket for $500 or $1000 would motivate people to move on, and it did. It cleared out Chloral Canyon, but we've got people that now they're trying to outsmart the system. The scofflaws, so we need to make sure we have a, a large enough nuclear bomb, if you want to call it that, to make them comply. Hm I would say towing is pretty, um, effective, if we can do that. But so the ad hoc so I'm clear, you, they're going to meet and then they're going to come back to the council with solutions, recommendations, recommendations, and what's the timeline for that? because we're in high fire season right now. It's gonna be 1 or 2 months or a week. It's the, the, , it'll be that hoc, they'll determine whether they get the report back. but I'm sure there will be working at quickly Let me just tie in with him and she said it was an article in the Melvie Times this week regarding the increase in homos that are coming into the city because the buses are now running, uh, and you know we're feeding them once a week or twice a week over a Melboro down there. So I think this and, and there have been at least, I've had 4 events of fires of 3 on 2 on Legacy Park, 1 in the, in the, the parking lot next to the library and another one I got a report on that took place by the, uh, tennis court. I mean, so this is, this is serious stuff, and we cannot allow ourselves to get burnt down again. So anything we can do to fix it, I think we should, we should focus on that and be as aggressive as we can. I agree. Um, do you guys have a timeline? Like, well, we have them for the ad hoc committee, so we can't talk about it yet. Got you. I'm way ahead of you. OK, thank you. So as soon as we have an affirmative vote for

how it stands or a proposal for a different members then um you guys are the members. We voted on that, and now we're voting again. I'll move to approve item 7. OK, do we have a second? I'll second it. All in favor. Any opposed? None. Item 7 passes. OK. or sorry to interject, my apologies. Um, while we were assisting some members of the public. Someone did leave us a speaker slip for item 1B4 wasn't handed stuff personally, so we did miss it earlier when we called for speaker slips, but it was submitted before the item called a public speaker for one before. Is it one person for with, so it's 4 minutes. Jeff Fullett and Nancy Sanders. No, she yielded her time. I just need, she needs to be in the room, so I'm just making sure Mayor Riggins, council members, thank you. I know most of you and appreciate all of your help. Uh, we're in support of extending the Franklin Fire Emergency declaration in Sarah Cannon. I'm Jeff Fowler, by the way, I'm president of the Sarah Canyon Property Owners Association. Quick, uh, at the end of February there was a significant rain event, you probably remember it. We had a major amount of debris in the back of the canyon and severe flooding along those properties that border Malibu Creek inside Serra. The city tried valiantly, and I appreciated the help they offered, but were unable to assist us in the debris cleanup and uh it is primarily due to private property issues back there. I'd like to solve that with some right of entry language going forward, but, uh, in addition to that, we, we, we had a tremendous amount of sediment that came down from the hills the denuded hills, and increased the creek bottom in Malibu Creek about 4 ft. This sediment poses a huge

threat to the properties along the creek. We met, uh, with several council members, uh, and the city personnel to try to get the city's assistance in getting the state, California state parks or Army Corps of Engineers or whoever can do it to uh essentially clear the sediment and the growth debris on the island that's south or toward the ocean from uh the bridge. Uh, if this is not done, we've got to have serious, serious problems with flooding in those homes, and it's going to ruin pro private property and poses a threat to not only the property but some safety risks to the people that live there. Um, so I would encourage you to extend uh the emergency declaration, and I'd encourage the city to continue their efforts to try to meet with California Office of Emergency Services to provide the resources and the people and the plan to get the creek down to a level that is not going to destroy private property. Appreciate your help. Thank you, Jeff. Just a real quick question, I was at the meeting you had in Sarah Canyon, the first time they talked about removing the dam, and now that issue was brought up with them and I thought they agreed they were gonna try and do something because that well, we, we have a, a member of our board who's on the committee in in with state parks, but right now state parks is in the planning process of the removal of the Ring Dam and at the earliest to that dam will begin to be removed at about 5 years. Um, and we just can't wait 5 years if we wait even a year, we're going to have serious problems. The the issue is that we've got to get equipment and men and people in there to lower the creek bottom and remove the brush that pross such a threat. We did a fairly significant PowerPoint presentation at our meeting with the city 2 weeks ago. It's available to you if you haven't seen it, I think several council members have

seen it. Um, and it's a significant problem, so I'd like your assistance with that. and Doug and I have talked several times about needing to come up with some plans that says this is not only just going to affect Sarah Cannon. It's going to affect potentially the civic center area as well. So we've got to have some plans on how to deal with it when the flooding comes. Uh, and I'd appreciate any help you can be, and of course we support the extension of the city's extension of the emergency declaration. Can I ask Jeff a question? I was going to say, in light of the public comment, um, do we want to reopen item 14? So we can have a staff report and a, a discussion about it. Is that the appropriate way to move forward on it, or because I don't want to have to keep having that that back and forth, um, just if we're gonna discuss it, should we reopen it? I think yes, if the council wants to discuss the item further. OK, then let's officially pull one before. and then if we, is there a member of staff I saw Rob here for a minute. Yeah, we need, by the way, we need Rob to give us an update because he's been working with the Office of Emergency Services. and uh I think that would be best to have his input on it if we can get him back. If we can get Rob back too soon. Do you want to proceed with another item while we see if we can get Rob back in the room. So we'll come back to this item once we have the public works director here. We'll we'll bring one before back so we can have, um, that. So, um, 1B 8 Who pulled 1B8 I did. OK. Do you want a staff report? Um, just a quick I guess my questions are, is this another consultant going, so Interwest to increase the total agreement compensation from 260,000 to 762,000. I just wanted to know kind of a little

bit more of what they're going to do because since we've approved North Star for leaf. many different firms. I want to make sure we're, well, the community development department's here, so thank you. Yes, good evening and thank you, uh, and thank you for asking that question. Um, ingus is actually an existing company that is helping us with the fire rebels with the number of projects that are coming in and not only a normal operations but also on fire rebels. It was necessary to augment the contract for the rest of the year. Uh, we don't wanna come back to you every 3 months. We kind of want to est im ate that this is what we need for the rest of the fiscal year, and that's what we are asking for that funding. Thank you. Thank you. Any other questions? We have a motion to approve 1B8. I'll approve it Uh, do we have a second? All in favor? I, none opposed. So we'll go back to 1B4. Thank you. Hi, Rob, we had some public comment about one before, which is the extension of the Franklin Fire. and there were questions regarding working with, um, OES and others about some of the debris that came down in the mudflows in February. Um, so I think council has some questions. Yeah, I was just basically about that and where we're at with their retreat because we met with um. maybe 2 weeks ago hm Do you have an update on the status of any, um, assistance from OES to deal with the Franklin fire and the mud flows afterwards. So good evening, counsel. Um, yeah, I do have an update and kind of let you know what we're doing. Um, shortly after that meeting, we had a kickoff meeting with CalS at the Franklin, uh, um, um, event,

and we brought up the the the issue, um, there are two distinct issues that the debris cleanup that, uh, Jeff mentioned and also the sediment buildup in the creek and it's something that Calaso is going to look at and get back to us. We have weekly meetings with Calweas. My staff is going to be following up with him in the next couple of days to see what, what possible solutions we have for that. That's just one avenue Another avenue is that we have drafted a letter to state parks to see how they can address the issue with Malloy Creek and what other resources they have on removing that sediment within the creek. Do you have a timeline for any of this? So we'll know more this week from CalweS when we, when we meet with them almost every other day. Um, we, we met with him last week and we're, we're expecting to hear back and, and get some answers. They've been pretty quick on, on some of these things, and I expect an answer for that sometime this week. Um, the letter, I think we were still working on the draft, but that should be, that should be going out probably in the next couple of days too. Uh, two quick questions. Uh, first off, uh, on our question, uh, we've been in discussions with uh California Natural Resources Agency and asked them specifically who in State Park they should be working with. We should be working with Richard Fink, the local director. He's, he's our guy and it's coming from the top of the, uh, hill, so that's, that's who the letters are drafted to. Yeah. All right. Uh, second thing, uh, in my discussions with, uh, Jeff, one of the questions we had was, uh, emergency declaration s uh I believe the federal government did not, but California did reluctantly, uh, to a state of emergency and are we getting reimbursement for

any of this from the state. So yeah, that's what we're working on right now that that was the kickoff meeting we had last week on reimbursement for, for that, for that debris cleanup and everything else that resulted in that. So that was um the first part of actually a disaster part of the recovery effort is this kickoff meeting with Calwe us. Now it's gathering gathering information and working working with them and getting the right documentation for that. But one thing that um Jeff brought up that, that, that kind of reminded me, I think we still need to kind of work on this, um, we talked about putting together a some type of co op or agreement to with Pacera retreat if their situations over where we had last time we didn't they need assistance for debris cleanup that, um, like he was mentioning the right of entry, um, that's something that we'll probably be working on here pretty pretty soon to kind of get something that's solidified, especially before the January, February rains, really the, the bigger storms hit. So, um, so that's coming too. OK, I've got some comments I'll make in the councilmemb comments, but you're on the right, you're on the track. I'm headed down, and that is we got to get ready for uh the bad side of this, and we'll talk about it some more in a few minutes. Thank you. Any other questions Do we need to take a new vote, Kelsey? Yes, if the council could just confirm that you're adopting the resolution. OK. Do we have a 1st and second? I'll make a motion to approve. 14. All in favor? Aye. Any opposed? None? Thank you. OK, now we're on a 1B9. Who pulled that one I believe I did. Um Rees, I'd like to have a staff report on this, but it'll give you a heads up on it, Yolanda. I think this is the first time I've ever seen this, and uh as I look at the chart, I'm stunned by some of the times between when this has occurred and they need a CDP and we

haven't done it. So if you could help us through that I'll go ahead and take that one. Councilor Stewart, um, so you're, you're absolutely right, um, there, uh, the LCP requires that there's an annual reporting of these emergency coastal development permits hasn't been done in a while, uh, so we're, we're going back to that. So this is, you know, the starting of our annual reporting. You'll see another one next year, um, also this council, I don't believe, I don't maybe it wasn't every member of this council, but in 2022, a circa around then, um, we had council direction to kind of follow up on some of these outstanding ECDPs that's still in process. We've had some um turnover with directors and, and code enforcement managers, but that's still in progress. So just to add to the um the presentation, um, you are correct, there is a significant number of projects under emergency coastal development permit. You have asked for us to bring something back to council in regard of wet weather preparation, temporary measurements, landslides, where are we with those uh slow failures that happened last year. Uh, just to give you a brief update, last year we had 46 properties that had some type of slow failure or landslide. We are down to on this report, less than 26, uh, a complete report will be brought to you in the next two council meetings with pictures and a and a full presentation. This is for this project, it's a uh we wanted to make sure that we continue our compliance with our LCP and make sure that we continue providing that information to council. So this is just a um receiving file and a presentation will be coming to you in the next 2. Bobby, thank you for bringing this up. I read the uh cover on it and I'm going, oh my gosh, we haven't been seeing these, um. before we get to the, uh, landslide issues, are there any landslides in the city that we

are, uh, seeing it at heavy risk. I don't know how to characterize that other than the fact that uh anybody's house is gonna fall down or uh roads are gonna be closed, ythi risk? No, we don't, uh, and this is thankful to the ability to issue an emergency coastal development permit. So we have been able to, uh, to respond and ask for those properties. to have temporary measurements and we're working with that with a permanent repairs and fix on that. But again, in the next um two council meetings, I will bring a presentation and detail on what we're looking and where we are with that. OK, thank you very much. Thank you. And to clarify, this is just covering private properties, anything that's on roadways that are public, such, that would be under public works' own work plan. You are correct, Mayor. This is private. Anybody else have questions? I do, yeah, so. there's 1234 properties, um. not 245, 24,250 Pacific Coast Highway, waiting for CDP. Emergency communication facility at Bluffs Park. Yeah, now that you say that, that one is actually been completed, so that one, I'll follow up on that one, why that one got added to the list, but that one should be off the list because we, we did process that CDP OK. Um, what is that? So that was the um the uh Kabu K B U U, yeah, so we did an emergency coast development permit, um, during the time earlier this year actually, and then we followed up with the regular coast development program. That one should actually be off this list. I thought so because it's private, I think you guys just said private property. OK. And then the next one down is 4000 Malibu Canyon Road. There's 2 there. So let's see, staging area for Cal fire, staging area spans 4 steps. Is that the bluff Is that what's going on

in the winetra block, that address? Um, that is the owner of that lot, yes, um, so that was a staging area that was authorized for uh um emergency purposes for the fire and there's some follow up that's going to be needed on that property to make sure it gets restored properly. Cause I see there's still a lot of work that's happening around it now. There's some, I don't know if it's waddles or uh it's just like a lot of work that's still being done to it. Um, so if that's that says waiting for CDP. was that completed and now they're at the restoration portion of, uh, so they have an active emergency permit in effect right now to continue conducting, I believe Solka Addison is using that lot right now to continue the, the maintenance and repair of uh the uh infrastructure that was destroyed in the fire. Um, a follow-up CDP will be coming very soon to the planning commission to basically uh restore the site back to its previous condition. OK. And then going up to 37 no,,,,,, 3235, 75 Civic Center Way. That would be the Aoki lot. I'm going to assume because it's staging for Cal Fire, I believe that is, yes, OK, because I see that there's now more flattening of the earth, which is restoration. I mean, I don't, there's like a lot of work with they putting dirt back. Is that part of the that's on our lot. Yeah, I'm just curious as to what's going on there. Um, we'll look into that, that exact request, but, um, that's the whole point of these permits is they are authorized to do some low level amount of work and the conditions of the permits are really to hold them accountable so that whoever is using our lots or the lots that are subject to the emergency permit, get restored properly. Thank you. What they're doing on the chili cook off they they scraped half of it and took the the the cement level of work, and they took that away, so half of it's now dirt, the other half's like it was before.

Now, I don't know if you're gonna do more work there or not, but they're starting. Any others I just, I guess, want to get some more clarity. These are emergency permits, CDPs. So do you grant these like as soon as possible. So maybe an explanation of what an emergency CDP is and then what the regulatory requirements are once it's been issued. Sure. So, the, um, community development director has the authority to issue an emergency post development permit in the time of an emergency. There's a certain threshold that they have to, you know, basically have to verify and we usually ask for um uh letters from experts in this in in the case of a landslide, let's say it'd be like their geotechnical expert signifying that there is an active landslide that there's emergency that needs to be addressed, the community development director will review the reports and ensure that when an emergency does exist, and 2, that the work can be done and then uh they do file for emergency permit if it can be granted, we grant it with conditions of approval, uh, the local coastal program requires that a follow-up coastal development permit, a regular coastal development permit be issued, uh, and be heard, you know, at the planning commission or by whatever regulatory body as a follow up to the emergency permit. So the emergency is basically supposed to be a placeholder to get them the work needed to do the emergency, but then, uh, if there's long-term improvements, if there's uh like a long term structure that's supposed to be there or there's restoration that's involved. They have to come back with a coastal development permit so that the planning commission can weigh in on, on those impacts. The emergency permits are also granted in order to prevent any loss of life and property. It gives us the ability as a city to uh urge in um take, take, take uh action right away and not having to wait for a CDP on on a longer route. Thank you Any other questions I'll make a

motion to approve. There's nothing to approve. It's a receiving file. Oh, it's a receiving file. OK. OK. OK, so we're onto 1B12 Bruce, you pulled up? I did. OK. Um do you want a staff report or anything? No, I don't need a staff report. So the purpose of this resolution is to declare a local emergency and initiated pro program to reduce the risks of fire associated with individuals engaged in unpermitted camping in Malibu, um, this was, this is identical to a um resolution we drafted maybe 3 years ago, possibly 4, to try to both deal with the emergency and comply with um the what we then believed was the law from the Ninth Circuit in the Martin versus Boise decision, which hamstrung our ability to just simply prevent people from camping, full stop. Um, it's now been recognized by the US Supreme Court that that decision was wrongfully determined and there's no such, there's no constitutional prohibition against enforcing camping laws. um, especially where there is an emergency. So I would like to add a paragraph that we avoided going for last time that I think is now appropriate in Section 2, I'd like to add paragraph 4 that states city staff is directed to work with LASD to remove all individuals engaged in unpermitted camping in any and all areas designated as VHFHZ in Malibu if necessary to accomplish this object, the object of this paragraph, such individuals should be arrested and prosecuted to the fullest extent permissible by law. I would, I mean, it is not enough to say we'll work with the county to see what they can do to help find um places for people to live that are camping in our hills where they are a fire hazard. We need to be, we need to, um, take action so to the extent that it is now lawful to arrest and prosecute them if they refuse to move on. We should be directing the sheriff, pursuant to our

contract, to do that. I will second that So how will that, um, interact with the work that we're doing through our homeless outreach and things like that just won't, it won't, it won't supplant or displace that, but anyone that's not moving on as a result of that work should just be arrested and moved on involuntarily. Any discussion? I think when the sheriff comes up, when the sheriff comes up and gives us his report, we ought to just ask and make sure they will in fact enforce that if we ask them to do that. Well, should we have whether they're willing to enforce it or not, we should be insisting that they do so. I agree. I'm just you know, this, this, this is an important issue, and I agree, you know, this is, we got to get this one solved. First step is to have it as an ordinance, and that's what we're doing now. I. Yes, I agree with Bruce. It expresses the intent of the council and with the caveat to the extent allowed by law, that's what it says to the fullest extent permissible by law. Do you want me to read the language again? I think we have it. OK. So, um, we won't adopt this at this time. We'll bring it back to the next meeting. I think the motion is to adopt it with uh where did you, what was the paragraph section 2, paragraph 3. I'm sorry, paragraph para F4, a new paragraph 4. So paragraph 4 would read as um the language that was, that was written into the record by the Mayor Pro Tem. So the motion will be to adopt the resolution with that change. Yes, that's the motion. And the second confirms that's the motion. That, yeah. Any questions? I wasn't sure if we should bring the sheriff up at this point. to talk about that this is our decision how we want to have our ordinance done. I like it, so. OK. Yeah, I do want a roll call or just it's an emergency declaration not order. It's just verify, yep.

Declaration. OK Let's do a roll call. OK, roll call. Mayor Prote Silverstein, Councilor? Yes. Councillor Conrad? Yes. Councilor Stewart, Mayor Riggins, motion carries. OK, that concludes consent. See, I told you we'd be efficient. OK, so we're gonna go to item 2B I believe. No, we switched to a before 2B because I think this is just a community check presentation from the Zuma Bay Foundation. to Boys and Girls Club OK. Is it just a single one? OK. We'll be quick. Perfect. So we're allowing our community, um, the Zuma Bay Foundation did their, um, inaugural triathlon at Zuma Beach a couple of weeks ago, um, a attended, did not participate, but our sergeant Soderland and his wife did participate and did quite well. Um, and so they've asked to be able to do, um a community check presentation here at the council. Thank you. Like I promise we'll be quick, but we do have a couple of important things to say. So for those of you who don't know me, I'm Michael Epstein. I am the executive director of the Zuma Foundation, as well as the director of the Zoom and B triathlon that we all put on together. So first of all, I just want to thank the council, thank the city, thank the sheriffs. I didn't make a speech. I should have of all the people we need to thank for really the ability to bring the sport of triathlon back to Malibu, and I, I really am proud of the way that we did it, we did it with new courses that had less impact on the city, less impact on our residents

and really provided a safer experience all the way around. There are too many facets to go into right here in this presentation, but literally we couldn't do it without you guys. So Merlin, if you don't mind, he's going to hand out finisher medals because we not, would not have been able to finish the event without the support of Malibu City Council, so thank you. And as he does that, I'm gonna shift a little bit and it it was a lot of different aspects to this. First of all, a fundraising perspective, a kid's health and fitness perspective, but one of the incredible partnerships that we had the opportunity to form as part of the essentially the rebirth of triathlon in Malibu with the Zumabe's triathlon was the ability to work with Casey and the Boys and Girls Club of Malibu. Be careful and it's been an inc incredible, incredible, uh, journey and process to work together. They helped us plan the event. They helped us organize the event, and we're here and I'm gonna have my board members speak real briefly about this to present a check to Casey and the Boys and Girls Club of Malibu for $50,000. OK. I just want to say real quickly, um, I'm also on the board of the foundation, which has been amazing, and our team did help, um, our board, uh, put this event together and we were honored to do so, but it was just such a pleasure to see a truly community-driven event with so much local support. Mayor Briggan spent the day with us, um, Pepperdine was sponsoring, um, and we had over 100 kids, most of whom I knew participating in the kids triathlon, and it was really something to celebrate, and I think we should all be proud for making this opportunity for our community. So thank you to everybody who was involved. And I, I wanna say the kids, the kids marathon was not just a throwaway event. The, the, what

were the distances that the kids had to, to do. Uh, the kids event, it was the first time we've actually had a kids' event in Malibu, so that meant a ton to me. I got to participate with my son and race with him. He won. Yeah, it was an amazing moment as a parent. Um, he knew the course it was a, you know, there was some advantages, but sincerely thank you to all of you for allowing us to have that event and the event in general. I know it wasn't a given that we were going to bring back triathlon. Thank you for trusting us to do this, and it was exactly what I hoped it would be kind of the hometown grassroots, but still very well attended and executed event that it became, but the kids event was uh particularly close to my heart and just having young kids and um giving them a chance to experience what I've experienced in triathlon and hoping that can help them fall in love with athletics in general. So thank you. Thank you. Distances, how long? Oh, yeah. What, what do the kids do? I know I got them memorized. So there was, there was, it was ages 9 to 14, so 9 to 11 year olds, uh, was a 100 yard swim, a 3-mile bike and a half-mile run. Um, and we also added a, um, a division where parents and children could race together for the 9 to 11 year olds, and it was incredible. That's Tony actually raced with his son. It was something we honestly was a little bit of an afterthought that's going to turn into a major initiatives for us moving forward because we just saw the incredible bonds of everybody, and then for the older kids, which were, uh, 12 to 14. It was, um, a 200 yard swim, a 6-mile bike, and a 1 mile run. Um, and that was turned out to be some more competitive kids. That said, we made an exception to our own policies and let it challenged athlete, uh, a guy literally with one leg that's a Paralympian race alongside his son, even though they weren't supposed to, we didn't understand or I didn't understand when he asked me to

kind of do him a favor that his son had Down syndrome. So what probably our most precious moment was a picture of his son. He actually laid back and he told me, he's like, hey, my son's fine. I just wanna, you know, sail alongside him. I'm like, sure, go ahead, try it, um, it, it was the most inspiring and heartwarming moment of the weekend. His, his child crossing the finish line. He stayed back maybe 50 yards behind him to let him get the experience of the glory, and that's just like the unintended benefits of an event like this. So thank you Uh, I just wanna also say thank you. I'm, uh, local bike shop owner, also a board member with the Zuma Foundation and having supported Michael with his triathlon for almost 18 years now, it has amazed me back with this organization and for the first time to have the children's event was unbelievable, it's a, it's it's the. future for my industry to get new kids out on bikes and also just to to have families interacting together and to have kids be active and healthy. It's it's, it's such a huge event, so very thankful to uh to be able to be part of it. Really anything to add Just, uh, very grateful to see community come together in a time where it's needed so much to see so many people enjoy, uh, down at the beach, have it back. I know we've been talking to you for over a couple of years and it finally happened and truly grateful for having everyone come together for this event. Look forward to many more. Thank you. I, I know I'm really happy, but they're amazing, as you guys all know, and I learned over the last 3 years, so just an incredible, incredible organization that we want to support for a long time to come. Thank you. We look forward to seeing many more years to come. Oh, sure, sure. Hi Parker, how are you? No.

Elsie, you're gonna put that in the ATM. 123. OK, thank you. OK Now the fun stuff's over. We're going to have a presentation by Water District 29. You're gonna tell us all about our water infrastructure. All right. Good evening, Mayor and council members. Uh, my name is Bill Johnson. I'm the area engineer for Waterworks District 29 here in Malibu and we're here to give an update on our infrastructure projects and I'm gonna introduce our general manager, Carolina Hernandez. So good evening, uh, mayor and city council members. First, thank you so very much, uh, for offering us this opportunity to come and present to you some of the infrastructure updates that we have happening in LA County District 29, as mentioned by our area engineer Bill Johnson. My name is Catalina Hernandez, and I am the uh functioning I'm an assistant deputy director at LA County Public Works, functioning as the general manager of the LA County Waterworks districts. And it's just a, a privilege to be here for you today. I will go through a PowerPoint presentation, really focusing on, uh, the infrastructure project updates that we talked about. I'm going to start off see if I can run this. There we go. I'm going to start off by, uh, talking a little bit more broadly about the LA County Waterworks districts in our service areas. So, really, um, we have 5 Waterworks districts and two, water systems that we oversee, which includes about 260,000 customers. Uh, about

2/3 of our supply is imported and it totals about 18 billion gallons of water served. So you see some of these colored areas, those are the districts in water, um, agencies we looked at, but really just kind of for today, want to concentrate on, uh, District 29 that you see there in yellow. So, moving on ahead from that, um, since we're focusing on infrastructure, I wanted to give you a few of our steps, um, regarding Waterworks District 29, which serves the city of Malibu. There's a picture there in the corner of, um, our office right down the street. Uh, so we, we have a presence here. This is, that's where Bill's office is located along with some of our customer service representatives and our water service workers. So, um, in District 29, we serve approximately 22,000 customers, and we do that through a series of infrastructure systems. I'm going to point out a couple here. We have 44 reservoirs or you'll hear me talk about those as tanks. Um, lots of pump stations are regulating stations, but really, um, I also want to draw attention to that 220 miles of water main, uh, that we utilize to serve water in this district. So I wanted to put forth that infrastructure page because I'm going to address infrastructure from that perspective. I'm going to talk about water remains and others, and so we're gonna kind of group and the first one here is water improvements, and we've completed those two on the top there in recent construction, and we're in construction on Coastline Drive currently. But I want to draw your attention, more importantly to the other 6 projects we have here. And, uh, you know, without naming all of them, I really want to just highlight that all of these 6 projects are going to be starting, uh, at the beginning of the calendar year, and we'll get them done throughout or get them initiated at least throughout the next year and a half. So quite a number of projects. So again, we're very appreciative to be here today to be able to talk to you about those. Um, I'm gonna highlight just one of, you know, those

projects, not going through the whole, I know you're very busy today, but I want to highlight each, um, infrastructure element with at least one project. So, this is Carbon Canyon Water Main. And so this is an example of one of our water main infrastructure projects. This is, uh, water main upgrade. It's about 7000 ft of water main that we're upgrading, along with the pump station improvement. So you see an illustration there kind of shows you how that's going through carbon Mesa Road, and we're currently actually in, uh, mobilization. We've been working very closely with city staff to ensure that we can get these projects out, uh, in a timely fashion. And we actually, um, hope to start in earnest. Uh, so right now we're currently mobilizing and potholing, but we hope to start in earnest by January of this coming year, uh, for construction and hope to be done by summer of 2027. I want to highlight, uh, now our reservoirs or tanks and our, uh, pump station improvements. This is a picture here of Owen Tank that was recently completed this year. Um, this was a, an important tank that we, um, have been working towards for some time now. And really, uh, the really the reason why I want to illustrate it is to, um really show the scale of what you see in your communities all the time, right? These tanks, but also to highlight that we have two projects that I'm very excited about starting soon. And one is Lower Bush tank that is going to be starting this summer, and then we have Law Ennow Pump Station that's going to be going. And also to point out that we actually have 2 more tank projects that we're working very closely with with city staff right now that are in the approval process that we're hopeful we'll be starting very soon as well. So may I ask you a quick question? Where is Ellen Tank located So Owen Tank, we were just talking about that. Um, yeah, it is on Tainga and I

have a project sheet, and I can share it with you some stats for that, if you'd like. But at the location at this moment. OK, no worries. Yeah, so we actually, uh, it's a great question though. Thank you, Madam Mayor, because at the end of the presentation, I want to share with you a website where we can get all the project information, but it's a great question that you asked, because really, um, I'm sorry, maybe I can go back here. I think I might have. gone forward. No. The other way. Oh, OK. There we go There we go. So going back to Laura Bush Tank, what I really wanted to highlight is that we, um, District 29 covers the city of Malibu, but also the unincorporated areas of Topanga and Sunset Mesa. So it's a great question. That was really, um, a good prompt for me. Um, but let's talk a little bit more about Lower Bush tank here. Um, so this is a project that we've been working with, uh, for some time, and we're excited that it's going to be getting started, um, hopefully this summer. It is a 385,000 gallon steel tank. We're going to be replacing a concrete tank that's there, that's really, um, not being used to its full capacity. We're excited about this one because we also have received $500,000 in California Proposition one grant funding. And that's something that we're trying to do. I'll talk a little bit morehen we talk about how we're funding our infrastructure The next area of infrastructure that I want to talk about is really our inner connections, and I put interconnections slash resiliency, because really what I want to share here is that that's why we have these interconnections. So what are they? Well, we have 5 existing interconnections with our agency partners, and you'll see the acronyms there for Las Virginous municipal Water District in LA County, or excuse me, LA City Department of Water and Power. I think I'm used to saying that. Um, but really we're very excited about

the one you see on the map on the far west end in Malibu, and that is an interconnection at Encinal Canyon that we're working with, with our partner agency Lus Virginous Municipal Water District. And we hope to get that started in 2027. And really, if you look at, I don't know if you can read it, it's pretty small there, but you'll see, um, a line along PCH that is point an arrow point and it says Malibu branch feeder. That is where the water comes in to our community, right? Through PCH and, um, that branch feeder is our main source of water coming to the district. And so when I talk about resiliency and these interconnections, so that we can have multiple sources of water entering, um, our area. And so that's why we're very excited about this Encinal Canyon interconnection project. So something we don't often think about in terms of infrastructures, emergency generators at our pump station. Um, but we are, what I wanted to share is that we've been, um, continuing to procure a generator as a matter of fact, we have 10 new generators that were purchased in the last 2 years. And we've also become some sight improvements. So the reason in our community that we've been trying to do this is because oftentimes when we experience wind events, fires, or just any kind of electrical shutdown. We need to maintain power to ensure that we can pump water from where you saw where it comes in on PCH through our canyons, through our series of pump stations, and ultimately to our reservoirs, so that we can ensure that we have water going through our water mains. So this was a very integral, um, and we ut il ize these, uh, generators. And so this is actually, although not traditionally, part of what you would consider our infrastructure has, is so here in Malibu. So what is all this,

um, infrastructure investments costing and what have we been spending? And, and really what this is just a simple illustration of, um, we've spent 28 million in projects throughout the last 5 years, but really why I'm here today, and again, very appreciative that you asked me to give you this presentation. It's because we hope within the next 5 years to be spending 190 million worth of infrastructure updates here in District 29. And so that's very significant, which will mean uh impacts obviously, um, to community. Um, but we'll also, I think, really be important towards the resiliency of the waterworks districts. In doing so, one of the things that we need to do and want to do is to leverage the funding that we have available. And so we've secured about $3.5 million in grant funding And we have applied and are still have pending applications for up to $30 million in grant funding. So, um, along with the support of our supervisors, specifically, um, supervisor Horvath for the county. She, who continues to advocate for, uh, infrastructure dollars to come to this community. Um, we are 24th applications and doing what we can, which really moves us to what, where we're going, right? So moving forward, our goal is to accelerate, uh, critical system improvements. Through legislative advocacy, but also funding measures. So we've been working very collaboratively with your staff on these efforts. Um, we continue to meet on a frequent basis. Um, but really we're looking for any kind of, uh, funding measure grants, loans, etc. to be able to ensure that there is a significant funding source available and the continued funding source available for the update of our infrastructure. So that's the end of my presentation, but I wanted to land here, um, I have two websites that I wanted to point out. And the first one is the LA County Waterworks

District's website. The reason why I bring attention to it because that website has two things there on it that I think would be relevant. It has projects specific fact sheets. So, you know, people can go and find out, you know, what kind of water main are they removing? You know, what size? What is the schedule? What are the, you know, what is the cost? So we have those fact sheets on our website But also I think one of the things as um as a water purveyor that we're looking to do is ensure that community understands what goes into a water system. And so we have a great video that's on there that really speaks to, you know, where's my water coming from? Where does it move through? How does that work? How do the different peoples that work, people that work for my water utility, what is their roles? So, I really would appreciate, you know, anything we can do to share that video as much as we can. And then, of course, I have the LA County Public works website there that has many other, um, good facts and information, uh, uh, involving all things public works. Any comments or questions from the council? I've got some comments. OK. Let's start on this end and we'll work down this way, OK? I go first. You're first, yeah. You're first. By the way, thank you very much for the presentation and uh I didn't realize what you were going to be covering until I saw your presentation, but, um, I just wanna highlight the fact that there's 3 emergency items that I want wanna discuss with you very quickly. OK. The, um, interconnect I was very glad to see the one about Malibu Canyon and Encinalt, and I know I've played with some Milliken property that you're interconnecting with the connections they have there, um, which I think is pretty short and also the one in Encinal is, uh, I think a failed subdivision up there that you're gonna bring the water down from. The reason why I bring that up is we recently had a water cut off here in Malibu that had we had those

interconnects, we wouldn't have had the water shut off, I would assume. So, especially the one from Malibu Canyon where you say it's in a plant, it's in a concept stage if you can hurry that up, that would be critical because just like we learned the other day, um that water lines cut off, we're dry, and I think it would be very, very beneficial if you could speed that up, um, secondly, on the backup pumps, backup electrical generators. Uh, I know you've got them stored somewhere. but when a fire hits, you can't get them here. That's my, that's my concern. I would, I would rather have you have those prepositioned at the pump sites, uh, especially during red flag events, um. I, I, I know several of the pump locations where you bring them in later, but had we had those pumps, say, in the Woolsey fire, we might have been able to save some of the houses cause your tanks would dry with all the water that was pouring out of the burnt houses. So in both in in these two cases, an interconnect and a backup pumps are critical for our emergency situations, and the last thing I'm gonna pick on something I've picked on for years. You're supposed to be putting the bots dots in front of your fire hydrants. I think that's a water, water district responsibility, is that correct? It is not. Oh, it is not. I know. I've always been told it was. All right, well, I stand corrected then. I'll go I'll go but I do understand to your point, um, council member, I'll speak to the first one if you like, and then the second if, if you like. So, absolutely. Um, so the, to your first point, you're talking about those internet connections and your request was, what can the Waterworks districts do or to please consider at least speeding up those interconnections. So, I want to lean into what you said a little bit, just to confirm, um, your assertion that they are extremely critical, and you're right. Um, when I go to, just to make sure it's illustrated here for everybody. That's why I pointed out that aerial, um, of the Malibu ran feeder, that is our main line of water

supply into, um, Tin Canyon, and also, um, all of the city of Malibu. So, you're absolutely right that these interconnections are vital. I'll tell you that they have been, even the ones that exist have been vital so far, but definitely heard, um, your request and, and we'll consider that and, and how we program, um, our capital infrastructure moving forward. The, the one in Malibu Canyon, I think is, and I'm speaking as total amateur, but I think that one's probably the easiest one to put in. I understand it's a short distance, virtually 1000 1000 ft or so between the two connections. It seems like that would be a, a, a gimme almost to put in. OK. So thank you for that. And then I'm going to move on to your next comment about the positioning of our, um, uh, emergency generators. So, actually, um, as a matter of fact, Bill and his crew did an emergency drill, uh, just last week. And we do those too, and we, it is truly a drill that is, um, there to mimic an emergency and where we take action. But to your point about how we place them. Um, I wanna mention that when we, we do monitor wind events, and we are often notified by Edison Pryor. And so what we do is we strategically position those generators in areas where we need to, or we believe, um, that we might have loss of power. So those when the notification of wind events has been significant, at least for the Waterrush districts in giving us that lead time. So, I'll use, for example, um, the unfortunate events of the Palisades fire. We, it was several days of a wind event, right? And so we were able because of that notification regarding, you know, potential outages for medicine. We did, we were able to strategically place our generators at pump stations that we felt were critical to the continuation of our water service. To your point, Councilmember, I think what we're doing now at this

point is we're getting more of them, and they need to be further hardened. So that's that last bullet there about electrical upgrades and sight improvements so that it is just a very quick opportunity there. Yeah, because, uh, when we have a fire event, we're talking about maybe 45 minutes to an hour. Yeah. And takes a long time to drag one of those, uh, units somewhere. Absolutely. OK. Barry, thanks for the information on the bots dots. I'll look back at our public safety department. OK, thank you. Chris. No, Steve Yeah, thank you. I mean, you personally answered my question. I, I was gonna deal with the generators also uh we're gonna they, the SE Southern California Edison is projecting a lot more power shutouts this summer for this this fire season longer, OK, they're going, so when they announced there's a potential when, when do you put the generator out there when they announce there's a potential of cutting it off, and when they announce it's it's being done now. What is, what is the key to get you to, to move to get that generator there. That's a great question, council member. I'm going to let, uh, Bill talk about us since he's ourrea engineer and he can speak to various scenarios. Yeah, thank you for the question, Council member. Um, yeah, so we get the notices from Edison ideally 2 days in advance about an upcoming PSPS event, um, we'll look to see the impacts of our district that are gonna be impacted and depending on some of, you know, these stations were designed in like the 60s. So some of them are hard to, you know, get a generator and park it in just the right spot. So we'll start deploying them to the challenging locations immediately and then we'll continue to do so leading up to the event. So, you start moving as soon as they, they announce there's a potential PSPS. Yeah, and if, yes. Now, are when, OK so when the, the, if a fire starts they automatically start pumping or does somebody have to go out there and turn them on. So we do have um we do have

the automatic transfer switches. It's some of our locations, so that's um back to the slide it mentioned some side improvements. We're rolling out those automatic transfer switches it the remaining pump stations now, um, but they do basically they, they all, all of our pump stations have Quick connects. So basically you just need to roll it up and plug it in essentially and then flip it on, so it's a pretty quick um process to set up right now it's got to be flipped on manually or, or this automatic stuff you're talking about, are they all, is that available on all these, the, the tanks now or we're in the process of putting the automatic transfer switches on all the sites now, um, but the other ones that don't have it, we can just flip on the generator when we're out there. OK, so someone's got to come out and actually turn it on. And we do that essentially when the power's going out, yes. OK, thank you. If I could ask you a quick question, why don't you just, uh, buy enough of them, bring them out and park them and leave them. That's because honestly, you can put a I know on my computer center that we had, uh, uh, 40 40k uh generator, you know, can sit there waiting on a standby with the propane tank and you're ready to roll. And unfortunately, not all of our sites have room really to accommodate a generator on site so you'll see that we have them parked on the side of the road in certain locations and um so that's one of the challenges we have on these um narrow canyon roads. Um, yeah, thanks. My question was also just leave them there. It seems like a lot of work, um, to roll them in and roll them out, but I guess we got our answer. Where is the Owen tank? The mayor asked, thank you for your presentation. I still really get clarity on where that tank is. I think you said Topanga. Yeah, it's in Topanga, off Tuna Canya Road. OK, cool. And, um, I'm just curious, is Water District 29 responsible for like the aging pipes that we have here. How do

you test, how do you see, because we just had the water main break at the school, so is there like active testing on pipes? We do do active testing and part of our maintenance program is, um, it's several. So I'll leave it here on the infrastructure page just to be able to illustrate what we do. And so, we have various ways of testing our infrastructure. I'm going to address your first, um, question, uh, Madam Council member, and that is who's responsible, right? So, yes, um, the Waterworks District is main is responsible for our infrastructure and the main maintenance of that infrastructure. I will say that many of our infrastructure is aged and um if you have history of how this happened, that we had, we are a consolidation of many different small water agencies since, you know, 62, really. Um, and so what has happened is we, it's come together and now works as a cohesive water system. But to that point, it is the responsibility of the, um, LA County, Ottawa sisters 29, to do improvements to our infrastructure. So the, you know, improve them, whether that be new or lying or what have you. But in addition, it's also our responsibility to maintain. And a lot of times, and if we maintain our infrastructure appropriately, we extend the life of that infrastructure. You know, it's just like anything else, like a home. And so Bill and his crews have a maintenance program by which they go and at a certain frequency, we're required to go and look through those water mains, whether it would be, you know, um, through video uh, cameras or things of that nature or visual inspective, depending on the site. But also to in this illustration, you see a water main and you see like a valve there on the top. One of the things that Bill and his crew has to go and do what we call exercise, those valves and open and close them. So, those are the things that the Waterworks District does to try

to extend the longevity of the water system. Thank you. Um, who's responsibility is it then for the hydrants to test the hydrants in the water. Is that the fire department or water district 29? So it depends on what we're looking for. So we maintain, uh, those fire hydrants. But Bill, do you want to speak to how frequently you coordinate with the fire department and their testing? Yeah, we have a really good relationship with the fire department. So, um, you'll see our crews out there doing fire hydrant maintenance, making sure, um, you know, testing them as we do and making sure they're painted and functioning properly, uh, making sure the bollards around the hydrants are there to protect it in case the car comes, um so, I think it would be great if you guys could coordinate with the city to let the residents know that they've been tested or being tested at what frequency, um, because that's a huge concern of mine and other people's, I would imagine. Um, do you guys ever think about other ways of water like desalination, or is it just do you have anything in the pipeline? No pun intended. Thank you. No, thank you for the question. So, yes, we have been looking at opportunities right now, um, we have a partnership and a feasibility study that we're actually looking at, uh, potential desal project that other agencies are looking in, including Las virtuous municipal Water District, and LACD DDWP, but we've also been approached by others that are in this industry. Um, I'll tell you that, uh, Malibu's uniquely situ ated uh, to be able to take on these things. We, um, there is a significant amount of sensitivity associated with that, um, uh, technology and in depending on the technology can be very energy intensive. Um, but that being said, I think it's very important, uh, you saw in my, in one of these

slides here that throughout all of my districts, 2/3 of that water supply is imported. And so we don't have wells here that we utilize, right? We don't have groundwater that we utilize. So your question is very, uh, is very well taken in the sense that I think everybody needs to understand where Great, that's exciting. Um, these tanks that are scattered around, are they directly, could they be used for firefighting or are they solely for human like drinking and bath. Oh, that's a great question, and it's a question that I often get from community and, and I, I appreciate the opportunity to speak to it more. Um, and so, um, yes, um, and yes, both. Um, so first of all, we have, um, the responsibility to ensure that our water, our we have a potable water supply, so it's drinkable, safe, and has all the water quality standards associated with safe drinking water. That being said, we also have what we call a certain amount of fires, like supply associated with fire suppression. Now, I think what is often confusing is how do, um, municipal water systems function and association with fire. Well, they typically are associated for single family structure fires or multi-family residential fires. And I think that's what's very unique. You know, when we talk about firefighting, um, it's relative, yes, so absolutely our, uh, water system and those tanks are there and have supply calculated for a fire, but they're typically 1 or two structures, right? They're not, they are not designed for wildfire purposes. Thank you. And I would just say if you guys could leave the generators at the site, that would be

great because we also, we have the generators that have to be rolled out for the traffic lights and it's cumbersome. So if there's any way you could just leave them there. That'd be great. Thank you. Thank you. I thank my colleagues covered most of the things. Um, I think my only comment is, um, you know, oftentimes in the fires that we've experienced there's, is there a lot of water that is just lost once the house is gone or the irrigation system is burned. Is there any way of, um, kind of shutting that off or is there technology out there that can be implemented on the meter or some other way that we can try and um mitigate that open pipe once that that structure or that infrastructure is gone. Thank you for the question, Madam Mayor. I think this is a question on many people's minds, um, especially having experienced what has just been experienced by this community. So, the answer is yes, there's technology, um, associated with having, uh, shut off valves. I think the risk there is, um, that we have to be very careful about when we shut off water, right? Do people because this, it can oftentimes become the chicken and the egg, right? What if they go there to do that and how do you get that back on? So really currently what we do and what we did actually just this year, was that we came back through and you may have, uh, remembered that, um, we had to go in very quickly once the power, the fire was passing, we had, uh, to your point, many residences where maybe the line broke, um, you know, or, or it was just something happened and it was still continuously running, which then posed a threat because then our tanks were running dry, right? And, um, so we went out as a crew, um and

started to shut off water at the meter property by property. So that is something that our crew did. As a matter of fact, they were, um, very proud of them. They were very responsive and out here with very committed to this community. I think, um, but to your point, it's not immediate, right? Um, and so I was actually at the incident command post for this past incident. And because of our strong relationship with the fire department, we got escorted. Our crews got escorted to do some of this work, to do just what you're talking about and have those shutoffs. So, I think it's something we're going to have to think about more, but we're really also going to have to leverage that with the potential risk of, you know, shutting down water to properties. I want the homeowner to shut the water off when they leave, yeah, that their house might burn down and then there isn't water there to fight the fire if by chance there's the absolutely, Madam Mayor. OK. All right. Anything else? Thank you very much for providing that. Hopefully our community got a lot of information there, and, um, they'll check out those two websites to find out more info. Thank you for your work. Appreciate it OK, so now we're on to item 3 commission committee and city manager. Do we have any, um, commissioners? No, we don't have any commission or committee updates. OK. City manager, Deputy city manager. Thank you, Mayor. I'll be filling in for Miss Candice Bond this evening as she has a prior engagement, but there are several items that she wanted to share with the community. Uh, the first is on the subject of education, the 2025, 26 school year kicked off with a warm welcome for Malibu residents and school employees. Uh, with the school season starting, the school separation project, um, is very top of mind and the city continues to engage with our consultants to explore the possibilities for school separation Uh, the next step is

for the city to engage with the state Board of Education to review the recent county vote and consider the formation of an independent Malibu Unified School District. You can sign up for school separation updates on the CityM Malibu website. Uh, this past week, uh, interim city manager Bond joined Mayor Riggins and Council member Stuart and Conrad at the recent Malibu High High School, um, building ribbon cutting ceremony this past Friday. Uh, I was told it was well attended and there were lots of happy faces, very proud of the new facility. On the subject of community development on September 22nd along with Mayor Riggins, Council member Conrad, Director Bundy, counsel, uh, interim city manager Bond and myself, we met with the fire rebuild zone captains and rebuild Ambassador Abe Roy to hear their feedback from homeowners in order to improve the rebuild process and offer assistance. We encourage fire rebuild residents to find their zone, rebuild zone captain to ensure your voice that concerns are heard. You can go to the interactive map that we've set up to find your zone at the city's website. On September 9th, the city hosted a meeting for over 60 coastal and geotechnical experts to have a technical session on strengthening standards for beachfront fire rebuilds, led by Director Bundy. and on September 15th, the Planning commission approved a coastal developm 719 square foot permanent office for the Malibu Community Labor Exchange. on the subject of environmental, we thank all Malibu residents who showed up in force for the city at Gila Bay's coastal cleanup day on Saturday, September 20th at Surfrider Beach. We had over 106 community volunteers and removed over 400 pounds of trash and recyclables from our beaches and ocean. Our community development staff was

also there to answer questions about the city's environmental and sustainability initiatives and to provide tips for reducing plastics in daily life. Public safety remains top of mind for everyone at the city this past weekend, the sheriff's department conducted a DUI and driver's license checkpoint for traffic safety on PCH at Webway. The operation resulted in one DUI arrest and 6 citations for unlicensed drivers. 6 citations for unlicensed drivers, and one citation. uh for driving with a suspended license and two impounded vehicles. We are grateful for our deputies for this operation and their continued work to keep our community safe. The city held its first Everbridge, I'm sorry, Everbridge disaster notification System test for national preparedness Month and for wildfire seasons of preparedness on September 25th. Thesend urgent alerts, includin evacuation orders during major emergencies, and most landlines and cell phones in Malibu are automatically included, so registration is not necessary If you did not receive a test, please contact Public Safety uh at uh the email address is publicsafety at Malibucity.org or call 310-456-2489. We encourage everyone to attend tomorrow's. scheduled meeting with SCE regarding their continued unplanned as well as powers public safety power shutoffs PSPS as they're commonly known. Please let your voices and concerns be heard. This meeting will be held tomorrow from 6:30 to 7:30 p.m. here at the Malibu City Hall, and we'll, uh, be available for remote connections. On the top, the topic of fire safety, we like to continue to to become firewise communities. Currently, the city is proud to have 13 recognized firewise communities, most of which got certified with the help of fire safety liaison Bradley Yoakam, to get

your neighborhood involved, you can go ahead and email Bradley at Byoam B Y O C U M at Malibu City.org. To get a free wild free home wildfire assessment. uh, please contact our fire safety liaisons. Each 30 to 45 minute visit includes a walk around and no obligation list of easy, often inexpensive steps you can take to harden your home. The city has conducted nearly 550 assessments to date. To book an appointment, please email firesafety at Malibucity.org. For public works, the city's signal synchronization project to make PCH safer is nearing completion. It is end of October. The project aims to improve safety and mobility on PCH. and the Public Works Department is also working on with its engineering consultant and Caltrans on the quick build Roundabouts project at the intersections of PCH and Al Matador, State Beach, and at PCH and Ensignal Canyon Road. This project aims to improve safety and traffic flow on PCH by reducing tra traffic speeds, improving safety for parking, pedestrians, and approving visibility. Construction is expected to start this fall. Community services is proud of the progress that everyone can see on the Malibu skate park. You can also check out Progress on the city's website where you can see a webcam of the progress that's occurring each day. and this this fall, the city, uh, the community services department is, is preparing to host a wide variety of programs related to after-school programs, swim lessons, senior center craft, story time in the park. You can check out our website as well as our programs and the counter for more details. That concludes the report Thank you. Any questions for the city

manager's update? OK. Sergeant Suterling Good evening, City council. I'm going to introduce, uh, Lieutenant Brad Fetter. He's our station's uh disaster liaison coordinator and in charge of preparedness, and he's going to give you a presentation. Sorry about that. Good morning. I'm, uh, Brad Fetter. I'm a lieutenant out of the Malibu Lost Hills Sheriff Station. Uh, I am the station's disaster liaison, and I'm here tonight on behalf of Malibu Lost Hills Share Station, which is commanded by our captain Dustin Carr. He's sitting right there. I'm glad to be here tonight and I'd like to take a moment to discuss the steps that the station has taken to prepare for wildland fires and whether that creates an increased risk of wildland fires. Our station and department prepares a year-round to ensure we are prepared for all types of natural disasters. So what type of uh weather creates an increased risk of wildland fire. The National Weather Service assists in monitoring weather events that could affect the fire season. What it's determined, the weather could create an increased risk of fire danger, a watch or warning is issued. A fire weather watch is issued for moderate to high confidence that weather event could start, um, within 96 hours. A red flag warning is issued for a high confidence of weather events starting within the next 48 hours. Certain increasing factors could create a red flag warning that

actually becomes what's known as a particularly dangerous situation and um in that case, it's handled the same way, but it could be a higher risk event. The peak season for impacting, um, I'm sorry, the peak season for weather impacting a wildland fire is generally from May to November. In order to prepare for wildland fires and weather creating an increased risk for fires. We continually meet and train with the Los Angeles County Fire Department, the Los Angeles County Office of Emergency Management, the National Weather Service and local city officials. In this case it would be the city of Malibu and the National Weather Service as well. During a red flag warning, we have an emergency meeting, and these agencies get together to discuss and um plans for the affected area. Our station additionally increases staffing with units dedicated to patrol high-risk fire areas. We monitor high risk in our real-time watch center which has access to real-time cameras that monitor mountainous areas and high risk zones. Our deputies equip fire deployment bows, which allows them to go into much higher risk, dangerous areas. Additionally, our station volunteers are on patrol, and they're available to assist with extra fire watch patrols and traffic control, as well as the Citizen volunteer group Arson Watch. And as you see here, um, this is our real-time watch center that we staff during events such as a red flag event. We also have our increly, OEM staffs their emergency management center in case they need to start planning for evacuations. So what can you do to stay

notified and prepared for wildland fires and red flag events. You can follow our social media accounts, the Malibu Lost Hill Station, as well as the fire department and the cities. We post up to-date information, including red flag warnings and street closures. And I'd like to point out, um, it might be a little bit hard to see here, but some important websites that you might want to look at are ready. Llacounty.gov. You can sign up for alerts and monitor emergency notifications, Fire. LA County.gov/RSG that can help you prepare a wildly action fire plan. Protect.com. I'm sorry, protect. Genesis.com, which lets you know your evacuation zones and app. watchduty.org, which helps you monitor, fire, um, wildland fires in real time and evacuations. So what are law enforcement's main objectives during a wildland fire. We're in charge of evacuations, road closures, crime suppression, and humanitarian missions. And I just want to go over real quick the difference between warnings, orders, and shelters in place. So an evacuation warning is a call to prepare to leave. You should gather your emergency kit, secure your home, and be ready to go, uh, when the order is issued. An evacuation order is a directive to leave your home or business immediately to an due to an immediate threat of an incident like a fire or flood. and a shelter in place would be an emergency order by the fire department to remain in a specified area. And uh that's what I have right now. I appreciate your time and uh I appreciate you having me. Any questions from counsel? Councilor McConrad. Yes, thank you. You and I were, we communicated about the um the real, the cameras, the watch

duty cameras, I believe. We, we did, and, um, the watch um center is something that's very exciting. We're continuing to build it. um, we're working with. Well, the doctor. Neil Driscoll for the Wildland fires, did you ever get in touch with him? Yes, we did, and, um, we're working together. It's more of an assistance with him of finding locations, but he's trying to install more real-time cameras in the mountainous areas to make sure we have more coverage. I'm so glad you guys connected, um, do you know if the cameras that are installed in the hillsides in Malibu are connected to your watch? Crime Center. So there are cameras that actually anybody can watch, and we have the links ready to go in the watch center so during a red flag event, they're often up, but during a red flag event, we make sure that they do put them up on screen so they can watch them. OK, great. Does the, um, do you guys do anything with drones? I don't, I didn't hear that. Maybe I missed it. So currently the drone program is in a um trial or um uh I'm sorry, it's a trial phase and we deal with what's known as notums during the trial phase. I'm not an expert to speak on this, but there's only drones at a station level at this point, but if it is something that we can directly show will increase the safety of the public or ensure um life and safety, then we can deploy them. Great. Just cause I know that, um, during red flag days, we don't close the parks here, um, at least the hikes, some, some of them remain open, which could be very dangerous and I don't know how to reconcile that. I thought drones would be a good way of kind of seeing what's going on back there. Yeah, currently, I don't believe that's something that we could do. I could look into that and get back to you, but we do have to work within the strict noum right now. Got you. Um, and I also worry about the area of the already burned areas with maybe unhoused going up into those hills and camping out, but I would assume you

guys do checks up there. often. Yeah, so we do that, um, year round and then particularly during these, uh, PDSs a particularly dangerous situation are red flags. We have increased patrol that is actually funded by the board of supervisors. It's extra deputies, and that's all they do is they go up into the dangerous areas that's identified by the National Weather Service, and they do the patrols for, um, arsonist for someone doing something particularly dangerous or just smoke that might start naturally. Wow, that's um, that's great. During the red flag or PDS periods, is there anything that changes with the unhoused? Do you have any other new authority or if we're in a severe red flag event? No, unfortunately, we don't get any um special privileges or special emergency laws during that period. Even if they're encampments we could enforce any laws that are currently enforceable year round. OK, thank you Anything else Bruce Yes, so, um the three of you were here earlier when we adopted an emergency declaration pursuant to California government code 8630, um, we are now in an existence, we now have a local emergency which has an extreme peril to the safety of persons and property within the territorial limits of the city of Malibu for every area that is designated a very high fire hazard severity zone which in Malibu is every square inch of Malibu. Um, city council has directed our staff to work with you to see that there are no people living unhoused in the city of Malibu due to this emergency which creates an

extreme peril to the safety of persons and property. Are you prepared to enforce our declaration and our local laws regarding those matters. I will call up our station captain, Captain Dustin Carr, and he will address those concerns. Good evening, Madam Mayor, members of the city council. So I, yes, I was here when you guys adopted your uh emergency declaration. What I have to say on that, um, it'll be brief, but ultimately it is the posture of the county and the elected officials that they're not going to criminalize homelessness, so and that also ordinances. What we will do though is work code or other violations to enforce to assist in public safety. when it comes to that regard. If we're talking about lighting fires in the hills. There's a, a, um, public resources code that makes it a mini demeanor to light a fire outside of a campground in the hills. We are willing to enforce all those laws as well as um any other applicable loss, but we do not criminalize homelessness as a posture of the county. So Captain Carr, you know, the county is free to criminalize or not criminalize as a normative matter or anything it wishes to within the bounds of the Constitution, that's their right not to criminalize it cri within the unincorporated areas of the county that don't have a country law. I get that, but we also are a municipal jurisdiction. We have authority to criminalize things within our jurisdiction, and we have chosen to criminalize living unhoused in Malibu, especially during our Declaration of emergency. So I, I would encourage you to please, um, bring that to the county's attention, because I, I don't believe that their failure to do it or their decision not to

do it has any impact within our city. I will, I, I can definitely, uh, bring it to the attention, you know, up to, as we call it up the chain. However, you know, when the grants pass decision was passed down from the United States Supreme Court. The county did have a meeting on this, and, you know, some of the, you know, excerpts from that meeting, they're publicly available online, but one of the, the uh excerpts did say that, you know, their posture can still be enforced because a grants pass decision didn't charge us with having to enforce local laws, right, but in Malibu you are contracted to serve as our police department essentially. So we have many laws that the county doesn't have. The county has laws we don't have, depending on what jurisdiction you're operating in, I, I would think you need to enforce the laws of that jurisdiction unless they're unconstitutional, which the US Supreme Court has told us unequivocally they are not. Well, ultimately that's a, you know, that's definitely uh a an opinion and a posture that should be brought to the elected officials of the county. OK. Thank you. Do excuse me, when you say the county, is it the, the whole board of supervisors, is this primarily directions you get from Lindsay Horbeck It would be the board of supervisors and the sheriff, the elected officials, correct. The whole board says you can't criminalize homelessness. That's their posture. But what if we pay you guys? No, I, I unde, I unde, it never had a situation where I'm paying somebody to do something and they tell me I'm not going to do it. I, that's news I don't think that's what he said. So, he just like others, is following the orders of the soup. That's fine. But you, you know, ultimately the the mayor is correct. The other things that we're willing to do, I know you had mentioned, you know, regarding towing the vehicles. Well, I did some

homework while I was sitting over there. And, you know, I was, I read the um Homeless Coalition versus the County of San Francisco, which is where that appellate court decision came from. They found it that it was a, you know, Fourth Amendment violation just to simply warrantlessly tow somebody's vehicle for not for unpaid parking tickets, but I read it and it said warrantlessly, so I, we will be looking into possibly using the warrant system as a means to uh still enforce that that vehicle code, um, you know, as well as other things. I mean, you know, ultimately we've had a lot of success in this city regarding homelessness, you know, when I first got to the station, we were in the high 100s here in just Malibu alone. I think the latest report was 33. So, you know, what we've been doing has been working, you know, on a more permanent basis to find people permanent housing, you know, to reduce re ci d iv ism Sosm work uh with the city. I mean, uh Luis Flores, it's just been stellar, and you know, and our Deputy Frank Espinoza, Chris Soderin, I mean, we've all been working with you guys. So we will continue to do so is, um, you know, but at the end of the day, as far as the camping ordinance is concerned, that's where, you know, I know we have this uh which is the reason I'm up here today. So can I just, I wanted to say that none of this diminishes the good work that has been done. And I, and I appreciate, Louis, and I appreciate the numbers. Um. Um set the rest of the town on fire. And so, you know, all that work has been great, but it's also ongoing, and there's obviously been some activity. We have reports of encampment fires And so there has to be something that we can do. If that's a letter that we write to the board of supervisors

explaining. that we are in a high fire severity zone, there has to be something else we can do. And I think that's something that, you know, you could work with your city attorney and city manager. I can't, you know, you'll ultimately, you know, uh, I'm answerable, not to my county, but also to you. So I am, uh, you know, whatever you guys think is best to do to try to address this is, is, uh, you know, is gonna be entirely up to this body. um, as far as, uh, you know, you're uh. when I was mentioned to your ad hoc committee as well, you know, something that could possibly be looked at is, you know, regarding, you know, 40, I think it's uh 40 625 of the uh public resources code, uh, excuse me if I'm wrong on that, but um it mentions fires outside of a campground, making it a misdemeanor to light one. Perhaps that's something that, you know, as far as uh the city and in the ordinances that might be something to look at as well. It's possibly some kind of ordinance regarding regarding lighting fires outside of a, you know, a place where you're supposed, you know, where you're able to like a campground or a barbecue or something like that, so. So now when it, now I know, you know, when it becomes a felony, you know, is when the actual fire starts burning people's properties and things like that. That would be 452 of the penal code, and that goes on it's one of those arson sections, so, uh, what I was mentioning in the misdemeanor section is simply lying in the fire and it doesn't, you know, in a, you know, a a uh fire danger zone, and it doesn't affect anybody else. It doesn't burn property. It doesn't burn land. It's just the firing of itself. That would be the misdemeanor. Are you saying that you, you guys cite for that? You arrest for that. That is something that we would be able to enforce. And what is a misdemeanor amount to? If I give somebody a misdemeanor, what does that mean to them? The maximum fine

of $1000 or a year in county jail. That's the maximum. That doesn't mean that's what they're going to get. What are they going to get? I can't, I can't prognosticate something like that. And I'm gonna go back to what Halo said, and I think it's in, in the course of the last month, OK, I ' ve had 3 reports of fires in the civic center. All right? We had one where I had, I got pictures of the next morning debris of, of the residue of the fire. Then the next day I had a picture of, of a video of the actual fire taking place. Then I had another fire a couple of days later over in, in a legacy in uh next to the library parking lot. Someone was sitting in there cooking breakfast, and I had another call we got last week or something about a fire over by the tennis. court. I mean and my phones are lighting up All right? I mean, I live in the Civic Center area, right, and so a lot of my neighbors are the ones that are walking around catching this stuff and they're saying, you know, nobody wants to burn again, right? I mean, I think we've seen I go to the audience, nobody out there wants to see another fire. And, and, and we just got to do whatever the hell we can to make sure it doesn't happen because it's too late. I mean, you know, telling somebody you got a misdemeanor and you,, you know,, give him a slap on the hand. I mean, I, my money, I give him a bus ticket and say he's hit the road, right? You're, you're you're pretty you're endangering our community and, and if you don't do something to make it serious, they're going to do it again right? So I'm just, I mean, this is, this is an issue that I don't think we're, we're gonna get over real quickly. I think there's gonna be more discussion on this because this is, this is nasty stuff and if we don't fix it, we're going to pay the penalty and I don't want to do that again. And I wholeheartedly agree with your concerns. If any city is allowed to have that position. It is Malibu. You're absolutely right. So, uh, I can, I can understand that, that, that

concern is gonna be on the top of everybody's mind, probably for generations to come. And that is, that is a very legitimate concern. I could be labor. I don't want to. If you have something else to say. Well, I was just going to say, uh, could you remind our community about the right of entry forms that the sheriff's department, um, requires to enter a private pria property to deal with somebody who might have an encampment on a private piece of property. What does a homeowner need to do to ensure that your deputies have the ability to go out and remove that person. Oh, yes. Uh, so, yeah, you, there's a form you can fill out at our station or, you know, you think you think you can even print it online. Chris, can you print them online? Yeah. Yeah. So, you can print them online. You turn them into us. We have a file at the station. Um, if, uh, someone enters your property, we, we, it already tells the deputies it is your intent that you would like them arrested. So trespassing, um, if you didn't allow them on your property, then it would be trespassing, but we have to have that on file for for for us to enforce it, so. When you're done. Uh yeah, uh, does that mean that like if I come home and somebody's trespassing on my property, I have to go to Lost Hills Sheriff and fill out a form to let you know you, you fill out the form, you, yeah, I, uh, Chris wants to speak to a more de you fill out the form, you fill out the form once, right? And, uh, and then, and then we keep it on file. So any resident anywhere should go and do this in case they come home and somebody's trespassing, then I will be able to call you guys and say there's somebody trespassing. Correct. It's called the letter of agency, , ' of Malibu website under the law enforcement section. You fill it out, it has your contact information and your address, and it gives us the authority to arrest anybody on that property, and you don't have to be there. You can't do that without that form. That's, that's only if you're not,

that's only if the homeowner's not there, right? The homeowner can call you and say somebody's on my property, please come remove it correct. OK. Excuse me. So, so, a lot of times we find people who are on property and we can't locate the homeowner immediately and so it gives us a challenge in investigating it on who owns that property because they could claim that they live there and or they could claim their leasing that property, and so this helps us in our investigation. So as part of, say, um, vacant properties, this would be an excellent tool if you're not living on your property to, uh, speed up the removal of that person that may or may not be claiming that it's their property. Correct. You have the correct I have a prime example coming up. Oh that. One last question, you know, you, we talked about the, the supervisors don't want us to criminalize homelessness. So let's assume we get them to change their mind, right? I mean, Torrance is arresting homeless people. So apparently they don't have that same rule down there. If, if they were to change their mind and say, OK, you can criminalize it. What would that result in action you guys could then take. I think ultimately if uh if uh if the posture of the elected officials of the county changes, then, you know, we do have to look at everything in perspective, right? You know, as far as people's rights and things like that. So if um it's, it's really going to be situational It's going to be, um, I think at the end of the day, we have to look at, you know, uh, you know, what risk is taken in every situation, so I can't say that, you know, you know, finding someone sleeping in front of the courthouse is going to be a lot different than possibly a person that's barricaded themselves in their vehicle. Um, you, you see that they see the difference there. So each situation's going to be different as far as how our enforcement procedures are going to work. But again, that would have to start, um, you know, I, I ' d love to give you a complete straight answer on

that, but what that looks like we'd have to start with the elected officials and work its way down to the stations. Got you. Now I know we have to go then. OK, thank you. Captain Car, I, I, I appreciate the difficult position you're in. I, I truly do and and and I, and I appreciate all the work you all do for us. um, you said before that if somebody starts a fire, even though it doesn't harm anybody, the mere fact of doing that because it's a misdemeanor, they can be arrested. Whether they're prosecuted, I guess is is a question for the district attorney. Um, but it so and the term criminalize homelessness, I think, is bandied about too loosely, um, nobody's talking about criminalizing homelessness. We do have an ordinance, as do many other jurisdictions that states that it is a misdemeanor to camp unpermitted and camp is very broadly defined, but it, it, it means among, it means basically living in public on public property. So it's, it's not illegal or or a misdemeanor even to lack having a home, but it is a misdemeanor to decide that public property is your home. Uh, so I understand that a fire is more dangerous than somebody's sleeping, but they're both misdemeanors and our code doesn't distinguish between misdemeanors. Why then can we not have our misdemeanor law enforced with the bare minimum of things that are violating our law. Um, if I'm understanding your question correctly, why is that law not put equal on the law of, you know, lighting and illegal fire because they're both misdemeanors and there's no difference in the statutes between them. No, no difference in the penalties. Um, I think that again, we go back to the county's posture. I, I don't like to keep, you know, resting my laurels on that, but that's just the reality that we live in right now. Does the county have an anti-camping ordinance? They, they do during, I, it's

not an anti-camping ordinates, it's a high fire danger, you know, it is zone, so my point is, you know, and I understand we'll have to get this resolved at at a higher level, but my point is the county's free to not have an ordinance that prohibits camping. That's fine. That's their right. We do. Some other jurisdictions do as well. It seems to me there's no inconsistency between the county not having such an ordinance. They're entitled to not have one, and therefore there's nothing to enforce So that's all they're saying is don't enforce a law we don't have. We do have such a law. You're our police department, and I mean, my request is that you confer with your superiors and however high it needs to go to pose the point to them that we're not being inconsistent with them not having a law. We have a law and we want it enforced. And I can, I can actually res respect your position and uh I can definitely have that discussion with my higher ups, um, that's, you know, that's completely a legitimate ask of me because I am here for you ultimately. So, um, you know, whether that changes anything, they're, you know, they, you know, that's, let us, let us not something I could predict. Let us know who we need to speak with to see if we can make any progress at a at a higher level. Thank you once again. Thank you again. Any other questions? Let's see, um, could you just remind people about the real-time crime center and how their private cameras can be um utilized, um, to report crimes or look back at crimes that may have occurred, something that they can do to help the community with identifying incidents. Yes, so the real-time watcher, as far as private cameras are concerned because a lot of people have some misconceptions about how we, how we gather that data. Private cameras is just simply a registration that you have cameras. It doesn't give us access to your videos. It doesn't, um, allow us to tap into them real time, so your privacy is there, but when you register your cameras and it

shows that you have a camera there when a crime occurs in the vicinity of your home, um, sorry, I also want to address the pump because they may, they may be interesting, oh yeah, so when a crime occurs in the vicinity of your home, uh, we will be able to know that you have a camera there and we can contact you and, you know, and then ask you if there's, you know, if your camera's revealed any information about the perpetrator of that crime. So it is, you know, I think it's a, a vital importance since we have this tool. that if you have cameras on your home, especially public facing cameras that you register them with our real-time watch center, um you know, that's done through our, uh, detective bureau, Lieutenant Roman Foss, and we can get you definitely hooked up in there and taken care of. And I know uh there was some also as far as the cameras on the Santa Monica Mountains right now we're currently monitoring 26 cameras facing different directions in the Santa Monica Mountains. Um, and that's, uh, that's been online for a while and uh we have someone full time at the center now too, so. Thank you very much. I think he's gonna finish his report and then we can take a break before public comment. Correct. Uh, to address the, the fires, um, that you uh were notified about it last week, so I had met with uh Kristen from the uh community uh parts department, and we discussed increasing signage at Legacy Park, which is sorely lacking, and so we are on top of that. The fire near the tennis courts that happened on private property. I met with the property owner. They have private security and I instructed them to increase their security in that area and notify us immediately if they have anybody in that area and that we can uh respond to detain and investigate. we catch any of these people? Did we catch any of these people? Did you catch any of the people

who were starting the fire. We did not. I mean, there's the guy that the guy was in a pickup truck in the library of of the the county library parking lot. I mean, I would, and I, I think when I saw the video that came in, he had his license plate and everything else on it. So I just, I'm just saying, you know, look, I like I, fires are scaring the hell out of people. So I'm just so I'm not gonna stop. complaining about it, so I'm sorry, and I, I'd like to emphasize that I would instruct people to call us immediately, that way we can respond if we don't know about it or we are notified after the fact they're is limited investigation that we can do, so please call us immediately so we can respond. And that's 911, right? Correct. I actually called 911, when you are witnessing it happen. I actually called on Friday and it was Lost Hill Sheriffs, and it was a, we, I was touring the county around the library area, and I wasn't going to bring it up, but there was a fight at the library, uh, and you know, the nice officer said, Do you feel under threat? And I was like, yeah, I mean, I don't personally feel under threat, but I'm pretty sure that there's a situation going on, and, um, and then he said, because if there's not anything, no crime being committed, there's really not much we can do. And if we come, they'll just scamper away. And to me, that was sort of like a it wasn't keeping them safe. The people that are unhoused, and it wasn't keeping the city safe. And our job here, your job here is to keep us safe. That was extremely disappointing. The, um,,,, 22 sheriff's cars came very fast. Um, and indeed, that's exactly what happened. They pulled up with their sirens blasting, and everybody fled. And so I think maybe there's got to be another way in which we can handle this,

because it's not right. I just got an alert saying a woman was assaulted at the library just now, so it's like this is kind of getting everybody really scared to be here. um there's got to be something I will again emphasize, call us immediately so we can respond. OK um so on Friday we conducted a DUI checkpoint and during that checkpoint, uh, a very terrible traffic accident occurred at PCH and Carbon Canyon, about 9:44 p.m. a pedestrian was struck by a vehicle, um, that pedestrian was severely injured. He was airlifted to uh. a nearby hospital and the driver of the vehicle stayed, it was cooperative, and it's currently under further investigation. um so our prayers go out to the pedestrian that they recover. Uh, Parker, if you can bring up the picture. um there's been an uptick in graffiti in the Palisades burn area, um. I want you to take a look at that, that uh graffiti there that takes a significant amount of time to do. so this goes hand in hand with that letter of agency. If we have a, a letter of agency on file. The deputy can respond and figure out who owns that property, and we'll be able to arrest them, not only for the the graffiti, but for trespassing on that private property. Also, please call us, uh, if you see people who are wandering onto the uh. destroyed properties that don't belong there, that way we can come and investigate. And so having the letter of agency on file will help the deputy tremendously when they respond. um we can take it down Couple

incidents and um. these occurred within the past several weeks on the 25th, uh, in the 22,600 block of PCH, a uh female was walking along the crosswalk there when a male transient uh exposes genitals to her, and we responded immediately. We located the suspect and uh he was identified by the victim as a suspect. He was arrested for indecent exposure and posses sion of drug paraphernalia, uh, upon uh, looking at his criminal history. He had several convictions for the same offense, and so he was additionally charged with a felony. It's a it's a serious felony to have previous convictions for the same crime. Um he is in jail, yes. on the 25th also in the 23,500 block of Civic Center, which was the library, um, a suspect committed a hate crime. He had threatened the victim and used racial epithets and also threatened him with a a a stick, he was arrested for the hate crime and he was also on parole and he was a uh local transient in the area. And on Friday, there was a um I'm sorry, on Thursday, last Thursday, there was a shoplifting which occurred at Whole Foods. Uh, the manager of Whole Foods followed the suspect to the playground area behind Ersburger. Deputies contacted that, that suspect. She armed herself with a glass bottle and threatened the deputies. The deputies were able to take that suspect into custody, one of the deputies was slightly injured, but uh she was arrested for several felonies, including assault, a deadly

weapon on a peace officer. um, finally, I wanna say hello to Lloyd Ahearn. Last time I saw him, he was in the hospital, uh, after being severely injured in the Palisades's fire, so Lloyd, it's great to see you again. Thank you. Yeah, and that is all I have, so I am available for questions. I got one last comment. I mean, and I'm not trying to beat up on this thing, but I mean, it was an article in May Bans that I think you were quoted in talking about the fact that because of the bus service has increased, uh, we're getting more transient showing up in the city and like we just heard tonight, you know, it, it's become dangerous. I mean, they were attacked at the library. There some that they were coming after you with bottles. I mean, this is isn't getting any better, so I, I can I'm not sure what we can do with it. I think we gotta make some discussions up up the line someplace, but we gotta fix this cause this is I, I, I want to emphasize we're, we're focusing on their behavior, so I appreciate their criminal behavior, we, we take seriously and we do everything we can. I'm not saying you're not trying. I, I thought, but, you know. And, and, and that prompted me to remember, um, so, given that it's a misdemeanor to be camping at a minimum that gives you the ability to stop and frisk because they're violating the law, even if you're not arresting them and if they have drug paraphernalia, if they have a weapon, if they are publicly intoxicated. There are various other misdemeanors, if not felonies, that would then be triggered. So I, I would ask that even if you're not going to enforce our misdemeanor law for camping, you could utilize that as a basis for a search, which is which is both constitutional and unobjectionable. So stop and frisk is not a policy that the sheriff's department has or uses. Well, once again, I, I would encourage you guys to see if that can't be changed because there are tools available in your toolbox and you guys are just being told not to use them and that's just not right. Remember there's a chain of the command for them.

They have to do with their superiors. So we'll have to go to their superiors and talk to them about it. um, thank you. We appreciate the hard work that you guys are doing and being out there and um, you're doing great work and the whole team, thank you for being here and letting everybody know what our sheriff's department is doing to help keep us safe. Thank you. Um, just a reminder to the community, I've had two incidents recently, Friday and Sunday evening, where I've been driving along, had the complete right of way, and I've had people just walk out in front of my car and I've had to come to a sudden stop. So when you're out driving, one was in Santa Monica, one was on PCH. Watch what people are doing on the side of the road and make sure that they are not jumping out in front of traffic. So it was just because I was paying attention that there wasn't an incident or issue, so we all have to take care to to to make sure we're all safe out there, so. um, well, that concludes item 3, correct? Kelsey Yes. OK. Um, we're going to take a short break. Uh, we'll be back at 7:50. Um, before we go, we've got a lot of speaker slips for open public comment, 90 minutes worth of time. I would just say for the people who are here about item 2C. We heard you loud and clear. So if you are to speak to the to see, I, I appreciate it. We've made adjustments. If you would consider holding your comments or making your comments brief. I'm not going to tell you you can't speak, you absolutely can. Just for the consideration of people who are waiting for other items on the agenda, maybe hold your comment until we hear that item on a future

agenda. So we'll see you back

at 7:50. S I Yes, please. OK,

so our city council is back in order. If everyone could take their seats or move outside. Hi Any conversations you can continue to have out in the lobby, but I need everyone to take a seat now. Thank you. Don't make me be mean like that. I hate doing that gavel. OK, so we are two public comment. As, um, how many people do we have online with the raised hands? Three hands. OK, could you hold it at the 3 hands, please? Um, as I said if you could please keep it, we've got 90 minutes worth of comments, and, uh, we've got 3 items after this that are very important. So if you could just keep your items brief, um, and if you can say shorter amounts, please. Um, our first speaker is Norm followed by Brian who has a, um, a donation by Doctor Razlani. OK. You'll be in a second. Norm, please go ahead. Yeah. Honorable council members. Um I wasn't going to speak about this tonight. I was gonna speak about something else, but the water department's comments um, kind of bothered me. It's because there's several situations where they have required someone to put in infrastructure for them or they wouldn't approve uh their project and one particular instance is a fire rebuild on PCH they said we're not going

to approve your project unless you put in 330 ft of transmission main. and the person said, well, everyone else is hooked up to the existing 16-inch water main, and it goes right by my property, and the fire department's already approved the fire flow and the pressure, so why can't I hook up like everybody else, they said because you can't we've talked to the fire department and they won't approve your project. And I said they already did He said, well, but that was over a year ago, and they expire after a year. So to make a long story short, they're not budging This could cost my client over $600,000 and you know, I, I said to them, what about all the other people that are hooked up to the 16-inch water main, aren't they going to pay for the improvement? She said no, because we don't have any leverage against them. but you don't have a house, and oh by the way, we want you to hook up all of their fire hydrants to the new water main at your cost. so I'm very concerned about it. It's not fair Um, it's extraction. They should be responsible for putting in their own infrastructure and charge people rates that pay for it. Thank you very much. I'll be talking about it in the future Thank you OK, Brian followed by Art Kelly, followed by Catherine Brinkman. Hello everyone, thank you for having

me. Um, I'm talking about the PCHuBuild roundabouts project. My main concern is for Malibu's safety, along with the fact that I live right in front of it, um, the one on Ensignal that is, um. the main thing I have to talk about this is that it's going to be a one lane PCH situation all the way from the start of the roundabouts and before that, going through the roundabouts between the one at El Matador and Ensinol, which is 3000 ft and continuing after the one at Einol. for a short distance, um, when the Wolseley fire happened, um, it took. people hours to get out of Malibu, and that was with the two lane PCH situation Um, also restricting it to one lane and from the most recent plans I've seen when we were brought to a meeting, um, they wanted to also incorporate a bike lane into the one lane, um, I don't have to say why, but I think this is going to be a difficult and uncomfortable situation for everybody, including the cyclists on top of that, in front of my home or near my home, there's a fire station, and I don't see how they're going to be able to use the one lane, um, when they need to go out for an emergency. um I understand the issue is about speed, and I respect that something is being done about this, but there is a camera being put in at Decca and PCH, which should help the speed situation if there is really that much of a speed issue, why not put more speed cameras, um, I was only notified about the meeting, which was an update on the situation for the quick

build the day before the meeting was going to happen Um, and I think that it's a shame that nobody really knows that this project is happening because I spoke to my friends, not just neighbors, also friends living in Malibu, and nobody knew that it was an update, not that it's starting the project. It's an update, so it's kind of been going on for a while. Um there's going to be a pilot program, which will be commencing fall, I believe, and it'll be going for 2 years. Um, I think 2 years is an awfully long time to see if a roundabout will work or two roundabouts will work on PCH and ball necking, like I said earlier, the two lanes into one, I don't think will be a good idea. Um, if I can have some more broadcasting of what's about to happen with the pilot program to more residents, that would be great. Um, I can't contact everybody on my own because I don't know everybody. I've only been living here from last year, so some help with that would be appreciated. um I've also lived in Europe most of my life. Um, and there we have a dual carriageway, which is what PCH is that goes into a two-lane roundabout, and that works and the speed limit there is 70 miles an hour on a dual carriageway. Um, so you can see that on one of the most busy and most dangerous highways in America to put a one-lane roundabout twice between each other, may not be the best idea and might need some reconfiguration or not to have it at all. Um, thank ful ly it's only in the early stages or prototype stage, so it is subject to change, but I thought it would be worth um bringing to everybody's attention since it affects everybody. I think that's all I

have to say. Thank you for listening. Thank you. Art Kelly, followed by Catherine Brinkman, followed by Arnold Bernstein. I'm talking on the same subject as Brian. I'm his next door neighbor. and I've lived here 38 years. In addition to what Bryan said, the plan is to put crosswalks at each of the signals, each of these turning turnabouts that will allow people now to park on the inland side of Pacific Coast Highway, where currently you can't park there. There's a new home that was just finished. Only 6 months ago, in that little triangle of uh land between Ansonal and Pacific Coast Highway. So people will now be parking right across the front of it. And then in hordes walking back to the to the crosswalk, and then when they decide to go across, they will walk in front of the traffic on Pacific Coast Highway, for both of the two roundabouts as they incorporate the sidewalks, not the sidewalks. I'm sorry, the uh uh, where you just simply walk across. the crosswalks I can't think of anything more dangerous than, then this procedure and then when we do have a fire, which I don't know how we're not going to have something It were impeded on getting out of Malibu. We're, we're literally building in a tourniquet for escaping Malibu in the worst case scenario. So I think that you scuttled this

idea completely. This has no business on the most delightful public highway in the world. This is where everybody comes to relieve their stress from the valley. and they're gonna be here no matter what you want. It's also where people travel from Oxnard to Los Angeles back and forth every day to work. It, it's a highway that everybody owns and everybody uses, and now it's going to be for the people to park at the beach when the beach is so small there at Matador, it shouldn't even have more parking as it is. It should close, and the overflow goes to Zuma So those are just some thoughts on my uh list here and thank you for your consideration. Thank you Catherine Brinkman, followed by Arnold Bernstein, followed by Abe Roy, and I'll check your speakers on that one. Do they have all the photos? Do you have a presentation or I do. I'm just giving you guys some photos to make my thing a little bit more clear. Hi, my name is Katherine oh, sorry, good evening, Mayor Riggins, City council and staff My name is Catherine Brickman, and I'm a resident of Broadbeach Road. I'm here today to express my grave concern for the safety of the construction site in the 31,300 area of Broadbeach Road. I've submitted photos for each of you to give you a clear picture of why so many of us in the neighborhood are worried about safety. Photos 1 and 2 are of the crane accident last Wednesday that resulted in an injury accident requiring an airlift for the construction worker who was trapped for almost an hour in the overturned crane. We're grateful it didn't end in fatality. I walk my dog on the street almost daily, and to do that, we have to pass by the construction site. The day before the accident, the swing arm of the crane was hovering over the road. Cars and

pedestrians were waved through to pass under it. My dog was nervous and I was scared. So we ran up the hill to get through the area as quickly as possible. I should not have had to do that. The next day, the accident happened and our street was closed for hours. Today I was almost hit by a car. I had been waved through the narrow single lane that is used by cars in both directions, as well as pedestrians. I began walking without any cars approaching. Halfway through a car was right behind me. I shortened the leash to make sure my dog didn't panic and get hit while we tried to lean into the parked construction truck to allow the car to squeeze past. The construction safety monitor just watched and smiled. If you look at photo number 5 on the sheet I submitted, you will see the very narrow area I'm talking about. A black Tesla is squeezing past a woman who had to quickly move off the road to allow the car to pass just as I had. Her walking companion is not visible in the photo because he had to move into the construction pile to make room for the woman to get off the street. We have been living like this for a very long time. Runners, walkers, cyclists, children, and dogs having to share a road with cars going too fast through a deadly narrow passageway. We need your help The accident was cleared up in the middle of the night, and they were back to work without pause. Where were the inspectors? And did your staff approve this? Please do not turn us away and allow a fatality to happen. Please help us. Thank you. Ay. Um, I'm gonna speak, uh, uh, thank you. I'm gonna speak on, uh, a passage of an item on the September 25th. council meeting and that had to do with bulk. Unfortunately, my friend Tyler left Tyler and I have gone

around and round about this issue since February. Tyler made a very important point and unfortunately in the meeting itself, it was overlooked. The bulk issue came about because there were approximately 5 homes that when rebuilt could conceivably block the view of homes behind it. There were 325 homes that do not have that condition. The bulk issue was only related to those 5 homes. The city council seized on this, and I think I'm making a mistake Look, Pacific Coast Highway is gonna look like Grandma's teeth. Does it matter if the incisor is slightly bigger than the eye teeth It's not going to be beautiful You're trying to make it beautiful at the and handicapped my neighbors. It does not affect me personally. My home is not affected. but my neighbors are dearly affected, and I think the council has to look at this closer. Bruce, pardon me, Councilman Silverstein made an important point that there was an 8-hour meeting which I attended in the 8 hours we spent less than 20 minutes on bulk. and in that period we concentrated on those 5 homes. I believe we came up with a Solomon-like solution that the homes behind it if they wish, can elevate their rebuild to the extent that the homes on the ocean block their view. What about the 325 homes now that are severely penalized by the bulk issue. Thank you. You have, um, 8 minutes total.

I see Andrew. Fred Ellis. Thank you. John Carterretta, thank you. Cassandra, thank you. Alex, thank you. Peter Thank you Thank you, counsel. A little while back, I sent an email to council as well as our interim city manager with an open letter that I will read out now. with deep regret and after careful reflection, I'm residing as the rebuild ambassador for the city of Malibu, effective immediately. The events of this past weekend have left me profoundly unsettled, questioning whether it is best for me, for our Malibu residents that I continue in this role. On Friday, September 26, 2025 at approximately 6 p.m. I received a call from interim city manager Candace Bond informing me of an agenda item for a ceremonial commendation for my work as rebuild Ambassador, which would also mark the end of my assignment. I was stunned, as no prior discussions had taken place. I immediately stated I would not accept any commendation, as it is disrespectful to the family struggling to rebuild their lives and to all communities in Malibu who are trying to so desperately restore what has been so deeply destroyed. It appears that the agenda item has since been withdrawn, perhaps due to a number of resident objections, however, troubling information has surfaced through conversations with council members, by both myself and other members of the Malibu Rebel Task Force. I learned several misleading allegations against me. that I misrepresent myself as the city ambassador rather than the rebuild ambassador during a meeting with a high ranking LA

city official. that I had scheduled in search for helpful ideas. This is inaccurate, as evidenced by others on the call, and my email correspondence with the official. Regardless, residents would have benefited more if someone had focused instead on what we learned in that meeting as to why LA's recovery process is 30 times faster than ours rather than nitpicking on inaccurate inacc' discussions with the team that purchased multiple beach lots and planning to visit their operations in China. Yes, I met with them and we shared a full recording of our conversations on our part to keep the community informed. I even encouraged city staff to listen. Please take a listen and find out for yourself that I did not offer to visit their operations in China. Where are these deceptive rumors come from. Most disturbing of all, a claim that I took this role for personal gain. My role as a developer and builder running a design-buil firm has been transparent from the start. My expertise in construction was precisely why residents supported my appointment. My firm primarily develops back homes in LA and OC and any projects we took on post disaster were for friends and neighbors with contract signs signed well before my appointment. I've spent countless hours, countless unpaid hours, advising neighbors and their design teams even visited the rebuild center with them and have declined offers to be paid as a consultant. The suggestion that I leverage this role for personal gain. is baseless and offensive. It is a cliched narrative to attack my moral character. Ask yourself why would any successful private sector entrepreneurs seek out public service. The prospect of retaliation and retributions are well known in our city to those openly challenging the status quo. I challenge anyone to provide evidence of my receiving special treatment by the city or influencing

approvals at the city. I challenge anyone to provide evidence from council meetings, or community sessions where I've promoted my service s on my farm It is clear that a lot is being said behind my back, and I'm now the target of hurtful personal attacks as a means to undermine my credibility. Given my transparency of my personal professional background all along. I questioned why these allegations are surfacing now. Let's revisit August 25 when I presented as the rebuild ambassador for the first time in 3 months. I shared sobering data showing we are lagging not only behind LA but also behind Woolsey's recovery pace. I intended to present even starker Stanford University simulations, which, but I withheld them at Mayor Riggins's request to avoid alarming residents about such a dismal projection of rebuilding timelines for homes in the city of Malibu. Has two members of the city council noted after my presentation, don't show us a problem. Show us a solution that we should implement. The Malibu Rebel Task Force took this to heart, delivering detailed recommendations to the city staff and council. On September 9th, before my planned council presentation, staff and I held a productive meeting addressing our recommendations. I chose not to present my slides that night, encouraged b On September 22, we met again with his own captain's assistant. Our team and I established post my appointment and heard mostly positive updates Things were just starting to happen. However, last Thursday, the Malibu Times published my critical remarks about the intentionally complicated Malibu process and the urgent need to simplify it. Perhaps those comments hit a nerve or maybe the authorities objected to my outreach to an LA city official to seek better ideas or perhaps they simply resent being questioned and consistently held accountable by a resident. Could it be that anyone who refuses to unquestionably follow the party line is no longer welcome. Regardless, in our current state of affairs, staying

silent is betrayal of our community values. While I've always welcomed open dialogue. The recent allegations cross a line into personal attacks that undermine the trust I've worked tireless, tirelessly to build, making it impossible for me to continue as rebel ambassador. That said, our work is far from done. Two permits issued in nearly 10 months is an abomination by any standards. I will. I will remain chair, I will remain chair of the Malibu Rebel Task Force, collaborating with his own captains, continuing to push for change and progress. I don't need a title to keep asking tough questions or holding those responsible accountable. I'm not cut out for the depraved politics that I've just witnessed, so I will focus on what I do best, build our community is hurting, deeply hurting, and I remain committed to our cause. No one who has a live through January 7th can fully grasp our pain and understand the bond we feel for each other. When Arno called me the next morning saying, you're the only house left standing on our street. I wept. I told my wife our home was spared for a reason, and I have to help them rebu il d To the staff, please don't let anything distract from the urgent work ahead, focused on moving things forward. We need less politics and more permits. To the Council, stop blaming residents. Fix the process. Please remember you're here to enact the will of the people, not impose your will on the people. to my neighbors, I'm not going anywhere, guys. This is our home, our community, and we will rebuild together. No one will stand in our way. Thank you. Next speaker is Joe Drummond. Nora Rosemarie It's Rosemary I here? Oh, I'm sorry,

I would look at the other way, uh, Jeff What's Jeff OK, and Julie, perfect. Joe, you have 7 minutes. I don't think I'll use it all just to help you. I appreciate that. I know that you would like to cut off my public comment, but I will not let that happen. I'm here tonight to address these serious concerns that they've just brought up. The decision has already been made without any transparent democratic process to remove Aroy as Malibu's rebuild ambassador. This was orchestrated by Mayor Riggins in coordination with the interim city manager with some council members kept in the loop while others were left in the dark. In doing so, the city risks violating not only the Brown Act, but also the trust of the fired victims who depend on this role. I just returned from 3 weeks in Toronto, from, from family weddings. It was healing to be surrounded by my parents, my sisters, my brother, my kids, my nephews, and my new niece. A reminder of the strength that comes from family. That bond is exactly how I feel about my big rock neighbors. and my big rock family, which is why I'm so deeply committed to helping every one of my neighbors in Big Rock and across Malibu rebuild from these devastating fires. Abe has been forced out despite his volunteer service and the fact that his role was created and approved by council, fire families never had the opportunity to weigh in. This is not how government should function. I can speak personally. I've brought issues with my own project and those in my fire zone to Abe and with his help, along with staff like Tyler, Larby, and Yolanda. We've been able to unearth issues and prevent further delays for all fire victims, but the problems are constant. Many of you campaigned on promises to fast track small projects and fire rebuilds. Yet here we are nearly a year later with families over 1000 still

displaced. My husband will reiterate, our homes are burning down faster than we can build them. The process is broken. Nearly 9 months after the Palisades's fire, only 2 permits out of 150 applications have been issued. From the Woolsey fire, more than 70 applications are still outstanding 7 years later. Many homes like mine have stood for 30, 40, 50 years without movement, unaffected by the 1983 landslide or any st instability. Yet owners are still being forced into redundant soils reports and excessive foundation requirements. Our engineers could safely use automated calculations to design foundations in compacted soils, but instead families wait months for reports that confirm what's already obvious. In my own case, my soul's revert came back with a factor of safety well above the city's 1.5 threshold. Yet I was told to recompact the soil and design a new elaborate foundation system beyond upgrading my original slab on grade. For example, my neighbor across the street received a similar geotechnical results where ours is actually a little stronger, and yet his consultant required only a slab on grade foundation, the same one we both had before the fire, but with added rebar. The type of, this type of inconsistency proves that some consultants are exploiting fire victims for more work and more fees, and after sending my neighbor ' s report to my consultants just today. He now confirmed that a conventional foundation system can be appropriate, so we need the city to ensure that these kinds of cost effective and safe solutions for rebuilds happen. Abe just met as rebuild Ambassador with the head of LA City Building and Safety and identified stark contrasts in how their process works efficiently. LA City is at 40% permits approved versus submitted applications while we are stuck at 1%. Abe hasn't even had the chance to present

his findings to you, removing him now silences an essential voice for families who cannot afford more wasted time. With nearly 1000 fire victims in Malibu from the Palisades, Franklin and Woolsey Fires. That's almost 1 in 4 households in our city still waiting to rebuild. Staff and council are here to serve residents, cutting out the one resident advocate we had behind closed doors undermines everything we've been promised. The MRTF and Aroy's advocacy is not about self-interest, it's about systematic reform, empathy for fire victims, and ensuring Malibu fulfills its promise to help families rebuild. To suggest otherwise is defamatory to those of us who lost everything and continue to fight for our community's future. I respectfully urge the council to focus on the facts. Families are still waiting. The process is still broken, and wet fire victims need most is empathy, urgency, and reform. The public and the state will be watching Malibu's rebuild process with much more closely now. We need results, not underhanded recognition ceremonies and not marbaracracy. Thank you. Thank you, Jeff Follett, followed by Paul Doherty, followed by Jody Wepner. Jeff. Jeff. Pardon What's your name? You get your minutes to Joe. Rosemary eyed, which OK, then she hasn't been called yet Jeff Jeffle. Sarah Canyon, say, I, I'm terrible at last names, so that's why I kept pointing at you for he put in a comet for 4. Well, that's

what the law allows. Is this the right time? I'm commenting on public comment. I'm commenting on item 6 uh 68 6A. OK, you, yours got mixed in, sorry, next time, right? Yeah. Paul Doherty, Jody Weber, followed by Scott Dietrich. to Are you Paul He had to leave. Paul had to leave. Oh, OK, what's your name? OK, perfect. Good evening, Mayor Riggins. City council members and staff. My name is Jody Weber, and I live on Broadbeach Road in Malibu with my eight year old daughter. I'm here to speak about the serious public safety concerns at the construction site at 31438 Broadbeach Road. Specifically, the Crane incident last week. It felt like an earthquake, and I heard someone screaming from the cab. I was the first community member on site I called 911 and the fire department. I also called code enforcement and OSHA many times during the day. I stayed at the scene of the accident all day. I watched the entire process, including the arrival of equipment at 6:00 p.m. at night, and this process went until after 11 p.m. From my perspective, as both a neighbor and a mother, this is

absolutely terrifying. My daughter is afraid to sleep at night, worried equipment will fall on our house. She's afraid to walk on the beach or road because the heavy cranes and machinery have been parked there for nearly 2 years. She's not alone Neighbors and visitors all feel unsafe walking near this equipment, which is perched on a steep hillside over a public beach and road. I ask you to come to the site to visit. This property also has a history of repeated violations, including sand removal from the beach. Large boulders taken from the base of the shoreline, weakening coastal protection. heavy equipment consistently parked in the tidal zone. Ongoing drilling into the hillside, shaking homes and threatening foundations. Traffic blocked for hours, and every day, at least 15 to 30 parking spaces consume down the entire road. as well as oil found on the beach. This is not just a nuisance, it's a pattern of disregard for community safety, and the environment. I ask you, as our elected officials to take immediate action to ensure enforcement, accountability, and protection for the residents. Thank you for your time. Thank you, Scott. followed by Michelle Shane, followed by Paul Grisanti. Thank you, Mayor Riggins and council. In 10 months we have 2 permits We have failed our residents. You guys were elected to serve them. But you failed them. We all have failed them. We haven't moved this forward The staff is working

their butts off. but it's not working The process is clearly broken. What are we gonna do about it? We know that one of the big issues are the consultants. You've heard over months and months, the litany of these 100 corrections that they come back with. They're making money every time they do it. And then they pass it back to the applicant. The applicant gives it to their technical people. The technical people spend more money answering those, and it goes in circles. The process is broken. and we need to fix it. What I'd like to see is you put a total stop to everything in the rebuild center, have a community workshop and say, OK, what do we have to do to address it? Certainly politicizing this. and backroom deals and backroom conversations that happened over the weekend to disparage Aim. who was the bright light in all of this. was a failure We've got to do something different. The definition of insanity is repeating the same thing and expecting a different result. 2 out of 2 permits in 10 months is failure. Let's do something about it. Thank you. Shall Shane, followed by Paul Grisanti. followed by Patty

Phillips. images OK Good evening, Mayor. Riggins and council members. You know me, you know my story. Tonight I'm here to share a campaign that act that that can actually change how we approach traffic safety, not through scare tactics or numbers, but through something we all understand our humanity. It's called the empty chair Club. and trust me, it's a club no one wants to be a member of. We all know what an empty chair means. It's a seat at Thanksgiving that stays empty. The graduation your child will never walk. The wedding you'll never see. For my family and too many families here in Malibu that empty chair doesn't go away. A little more than 2 weeks from now, October 17th marks two years since we lost Nim, Peyton, Asha, and Deslin on PCH. That heartbreak finally drew people's attention to the dangers of our highway, but you know what? Attention doesn't save lives. We need something that actually makes people drive differently. And he Oh wrong clip. Well, it's supposed to go to black. Um I have too many copies of the same thing. Simply right, no explanation, no explanation. Simple, right? No explanation needed. When you see the empty chair, you're not thinking about crash data. You're not

thinking about, you're thinking about your own family, your own dinner table, making sure everyone comes home Something significant is happening with this. The Office of Traffic Safety is running this campaign and conduction in conjunction with world peace of World Day of Remembrance in November throughout the holidays across LA Supervisor Horvat's office jumped in right away to be part of this, and the families of those four beautiful young women support the campaign. Malibu has a real opportunity here to lead, to show how a community takes its grief and does something powerful with it. So here's what I'm asking tonight. Join us in this campaign. I'm not asking here, looking for funding or budget line items. What I need is your commitment. Share this message. Work it into the Vision Zero initiative, you've already been doing. Please stand with us and say it loud. No more empty chairs, not in Malibu, not on our watch. because it's really that simple. Every reckless driver out there is risking an empty chair. Every safe driver brings everyone home. Paul, are you still here OK Patty Phillips followed by Joshua Klein, followed by Sala. I'm sorry. Oh. Michelle, you just gave them to Kelsey, she'll hand them to us. Hello, City council members, um, first of all, I want to thank you for coverage 6, covering our neighborhoods. It meant a lot to us. We were obviously sad to see it go. I realized how expensive it was, but I just

want to thank you. I also want to thank you for fighting for us on with regards to the homeless and the fire situation we're all petrified from that. Um, I wanted to announce that we're having a party for all of Malibu October 11th at Duke's from 1 to 4, everyone is welcome who's been affected by the fire in any way throughout Malibu, um, I would recommend calling Dukes to RSVP so they can get a headcount. And the other issue I want to address is Abe. He is an amazing person. He has stood up for our community I am blessed that I did not lose my home. And I'm on the homeowner's board of Big Rock. And the work I've seen Abe do, how hard he works, how much he has actually saved you all in time because everybody talks to him, and he collects what they're concerned about, and then he comes to planning. He talks with you, and he's one of the most talented, nicest men I've had the pleasure to meet and call a friend. And I think it's a travesty that this has happened. And I'm shocked and I, I didn't know about all the details. but that anybody would think his integrity he had compromised it for this. It's shameful, and I just want you to know as a big rock homeowner is on the board. We have respected Abe for all his hard work and what he's done to try to bring this community together. And I'm hoping that things will change. So, thank you very much. Thank you. Joshua Klein, followed by Sawa, followed by Eric Smith. Good evening. Um, I'm going to read

the letter that I or email that I sent to the city council this week regarding the um incident at Broadbeach. It has been a tough year for all of us here in Malibu, but we are now facing a new disaster of our own making. I speak in reference to the construction site at 31438 Broadbeach Road. For a number of years, I was under, under the impression that the site had not been developed as it was unsafe to do so. Over the past two years, this beside sanctuary has slowly devolved into a loud, messy construction site. Heavy equipment languishing by the beach, cranes looming over neighbors' homes. The smell of diesel and hydraulic fluid, a piece of paradise has been lost. This past Wednesday, my beach walk was interrupted by the commotion of a topple over a crane. by concern for my neighbors and the workers turned to anger at how this came to pass. I may not be an engineer, but for my layman's eye, it was obvious this project is a high risk endeavor with a crane in inadequate for the load. This has progressed from what looked like a disaster waiting to happen to a serious accident with injury. Where is our city planning department? Where is the oversight? Neighbors on Broadbeach have rightly been upset by the noise, traffic disruption, loss of parking, and the well-documented taking of sand from the beach, but an accident of this degree in evolving injury, these concerns can no longer go unanswered. The city must take action and stand up for the greater community it is sworn to protect. Thank you Thank you So, uh, you had Jimmy. Jimmy still here How about Olivia I have yours Olivia OK, anyway, it doesn't matter. OK, I think Abe had a couple extra speakers. I'll just move them over to

yours. Thank you. Um so good evening. You guys spent hours and days and weeks and months debating whether to accept a resident representative and advocate to work with the city. And then in one weekend you decided it's time to go. Behind closed doors without explanations, and worse, based on rumors that are unfounded. I don't think you, you all work in the public, and I don't think any of you expects this to happen to you and be OK. Um that said, I would like to remind you of certain facts. Since the disaster started, we have been asking you to ask the city and the city staff and the city leadership to streamline the processes and make it easier. And some of you would respond by just saying the city staff is doing everything they can. The process is working. Just go visit the rebuild center. Well, guess what? After 8 months, the leadership and the city staff came up with some very good suggestions to streamstreamline the processes. Had this been encouraged early on, we would have been more forward in our rebuild. This narrative also added to the this push added to the narrative that there are issues between the city staff and the residents, which there really isn't. Residents were frustrated, wanting to move things forward, and city staff are trying to do the best they can and just some communication needed to happen, but that was not helpful. Um, we asked for clarification for rebuild policies. The policies were finally presented to you at the end of July. Out of, I think they were 16, I don't remember the number exactly, only one was discussed, which is number 4. What's the definition of like for like. Another meeting was scheduled to discuss the

rest. It was scheduled for a whole month later. and even then, these were not agreed on or voted on. Most of them were finally voted on last week. but yet again, number 4 has yet to be voted on. So I'm not really sure how you expect residents to have their architects draw their plans and come to the city to apply for the rebuild if the policies were not actually voted for and approved. You still, some of you still think it's a financial issue. For some it might be, but for others it isn't. Um I sent you all copies of messages I had with one of my neighbors who was very hong ko about rebuilding the week of the fires. Please read them again and again because this is what we're getting from a lot of neighbors, and that happened Friday morning before anything about the ape came up. So I also like to remind you that the government failed us at all levels. On January 7, the government did not do its bare minimum responsibility of protecting its citizens. It was very well known that that weekend was going to be very dangerous. There was so much mismanagement, I don't think any two people will disagree on the fact that there has been mismanagement that led to all of our devastation. If there was actual justice in this world, the government would actually be paying to rebuild our houses. However, there isn't. So what's the government doing? So Governor Newsom issued a few executive orders that basically gave the city the leeway to do what they want. We understand that our codes, we understand you can't just let anyone build anything. We understand there is safety, health and safety issues, but there are certainly things that you can do to make it easier. It is OK for someone to get a few more square feet than they had before. They lost their home. It's OK for them to have

an EDU. They lost their home. If they end up having something a bit better after paying millions out of their own pockets outside of insurance money, even if they had been given insurance money. It's OK. Let them have something a bit more. But no, we have to follow the code and the policy, the code that we can actually change, that you can change. So the governor Newton issued these executive orders, and what's the LA City doing? LA City is being very flexible and trying its best to help its residents. And what is Malibu doing? Malibu is still trying to figure out the definition of like for like. Thank you. Thank you so. Eric Smith. And you had Fred Gaines and Jeremiah Silk. I see Fred, Jeremiah Thank you Good evening. uh Honorable Mayor, City council members. I'm here on behalf of general contractor Jill Key Construction Inc. who has been performing certain construction work upon the property located at 31438 Broadbeach Road at the request of the owner, two XMD Partners. I'm here to oppose the written request that we understand was presented by the neighbors Mr. and Mrs. Kohlberg, requesting the issue uh city to issue a stop work notice and suspend permits issued for that project. A little bit of background, uh, this project involves the uh installation of Caisson work at the property developing a foundation upon which a residence is going to be built. uh, it involves the drilling of large holes and placing concrete and steel, uh, encased caissons into the ground to support the subsequent home. This work is

very slow and uh cumbersome and uh but it's being performed in accordance with all required permits and approvals, including street closures and hours of operation uh, and coordination with the community development department. Last Thursday, September 24th, an unfortunate incident occurred in which one of the two cranes operating with the site with regards to the case on installation, tipped over while lifting a heavy piece of steel casing. uh uh trapping the crane operator. Thankfully, the operator, after being removed and taken to the hospital for a few hours for observation purposes, uh, was able to leave the hospital with no injuries. He is now back at work for Jil, no injuries resulted from the incident contrary to the allegations by the neighbor and some other folks that have spoke here tonight and the site has been fully cleaned up. They're back on site today performing their work and expect to be able to complete the work, um you know, without further, uh issue, uh, since the incident, Jila has fully cooperated with all agencies, including but not limited to the city's community development department and Cal Osha, all involved agencies inclusive inclusive of City of Malibu and Kalaosha have investigated the incident and both have indicated the project may continue. GILCA has not been made aware of any violations by either agency that would support stopping this work or suspending any of the permits. As late as this morning, representatives from the city of Malibu, Ryan Cerney was at the site and indicated that they had been a communications with Kalosha and the case on project may continue to proceed While we can fully understand and appreciate the neighbor's concerns about an ongoing construction project, uh, and uh, especially when a piece of equipment tips over. We don't believe that the city has ignored anything or has not

been doing its job in making sure that this project is compliant and run safely. We also want to assure the council that JILC is a good contractor and takes its work very seriously and has put in place extra protocols to ensure that no additional issues arise during its remaining scopes of work. We believe the development partner department within the city feels the same way about Jicks and jil's ability to, to safely complete its work. Thank you for your time Thank you There. Kevin Keegan, followed by Colin Drummond. Madam Mayor, I'm Jeremiah Gil. I was to be called after Eric. It indicated you had donated a minute to him. Oh I don't think that was the intent. Was that, that's how it was given to me. How much time was left on the previous speaker? About a minute and 45 seconds. I only need about a minute, OK. Um my yes, um, uh, Honorable Romeo R uh Riggins and distinguished council members. I'm Jeremiah Gill. Um, I'm one of the principals over at Jill Kebby Construction, uh, more business that's been, uh, or we've been in business for about 70 years. Um, we, uh, our company, um, uh, does a lot of uh Caisson work, in particular emergency work um for different municipalities, um, including emergency work for the city of Los Angeles, uh, in the Palisades. um, following the fires and subsequent landslides and for Caltrans along PCH, um, you don't get to do those types of projects if you don't have a good uh safety record and a

good history, um, so this incident was in an unfortunate accident. Um, the, uh, the operator, contrary to popular belief, was released in the uh at the same day of the um of the incident um uh just shortly after or shortly, um, shortly after the incident, um, and I actually spoke with him that evening, um, in person and, uh, you know, he showed me where he had had some scrapes, but he was told me that he was ready to go back to work and he has since returned to work, um, we have done a complete investigation of the incident, um, and we have determined that a change in leadership was necessary at the site, um, and we have replaced the superintendent who was in charge of the project, um, at that location or at the time um with a new um superintendent and uh we intend to complete the project in a safe manner. That's all I have to say Kevin Keegan, followed by Colin Drummond. followed by Wade Major I am Kevin Keegan. This public comment is on behalf of the Malibu Rebuild Task Force. I want to thank Abe Roy for his pro bono work as counsel appointed fire rebuild ambassador Also, I want to ask the council to take action to speed up the rebuild process. On July 30s, the Malibu Times published an article by Mayor Pro Tem Silverstein suggesting by my count, 10 action items the council can take to help Malibu residents to rebuild the homes they lost to the palisades' fire as efficiently expeditiously and economically as practicable, end quote. Tonight I ask the city council to schedule time soon, ideally by Halloween, to take the following two action items recommended by Mayor Protem

Silverstein. Number one, liberalize the building code approval process, and number 2, streamlined proof of geological stability. As the, as the mayor pro tem writes, quote, Every reasonable and legally permissible effort must be pursued to liberalize the process of securing building code approval, including on the beach or an area that has exhibited historical, geological instability. The mayor pro tem continues quote, If practicable, the process for obtaining proof of geological stability in previously developed areas of historic instability needs to be streamlined, end quote. I'll end by sharing some context, for the residents and community members in Malibu living this tale of a city trying to rebuild. It is true both that the city staff are good people, and the rebuild process is underperforming. Staff are working hard, some staff are working as hard as possible. Many residents are having positive interactions with staff members. Simultaneously, the palisades fire rebuild process is underperforming. Again, while everyone is trying their best, the performance numbers have no bias or emotion. Fortunately for council members, what Mayor Pro Tem Silverstein recommended in his article over the summer our actions the Malibu City Council has the authority to take. In addition to the Mayor Pro Tem's 10 actions. He recommends a few other steps the city can take in partnership with legislative and administrative regimes, end quote, to support the rebuild process and hopefully all of his recommendations are already being advanced in the city's weekly meetings. Therefore, by October 31st, please reserve time to take just 2 of the 10 actions described by the mayor pro tem, liberalized the building code approval process and streamline proof of geological stability. According to the May pro tem, the city

council has the authority to act. Now is the time. Thank you. Thank you, Kevin, um, Colin Drummond, followed by Wade Major, followed by Rosemary Sampson. You have 4 minutes. Thank you. Uh, good evening, Mayor council members and staff. This whole aroid fiasco is disturbing. It's premature, and it's confusing We've been told his position has been eliminated with no reason given. This doesn't make any sense. So I, I have to ask, what the heck is going on? Really? Why would the city remove a fellow resident that fire victims trust to deal with the collective power of City Hall. Abe has been telling the truth that the rebuilding process is complicated by design and needs to be uncomplicated for fire victims. He's offered practical solutions like consolidating corrections, reducing consultant dependency, putting fire rebuilds ahead of discretionary projects. Some of us have been thinking about the big picture. Malibu's mission and vision are beautiful and inspiring. They're built for the environment, but our environment has changed. Our homes are building, are burning faster than we can build them. We face unreliable water, brush that can't be cleared to keep us safe. Homes without proper hardening or defensible space. This is just not about one individual. It's about a system that is not keeping pace with reality and we have no city manager. And we have 5 good

people up here who only get to speak like every 2 weeks. My nephew would call this a gong show. We're being told with a straight face that everything is fine with rebuilding when clearly Malibu is like way behind Los Angeles. ending Abe's Roy, uh, Abe's role at this moment sends the worst possible message to us residents. Malibu is reeling from wolsey broad Franklin, and now Palisades. We need a whole new framework for the WUI. We need hardened homes, independent water supply, defensible space, and state legislated land management on MC MRCA property. Instead of building that capacity, we're discarding the kind of talent that helps us all reinvent our system which is broken Malibu is a volunteer town. We depend on people like Abe, smart people who know the system, who fight for the city, um, and who aren't afraid to tell the truth. Why would we silence that Tonight I ask you not just to explain this decision, but reconsider it Because getting Malibu families home and making them safe isn't about bureaucracy and politics. It's about vision and leadership. Thank you. Thank you, Wade followed by Rosemary Sampson. followed by Diane Moss. All right, so I've tried to respect the chain of command the last few months, but that all kind of blew up tonight. So here's my nine-month report. Um, we have a communications problem. There are too many people in this community sitting on the sidelines who could be rebuilding, who could be submitting, and they're not. We haven't submitted because we have other delays, but a lot of people, they could, and they're

saying I'm not going to do it. I don't trust the city. I'm going to wait till they get their act together, and I hear this every week. My wife hears it every week. Other people in this room hear it every week. How do we get those people off the sidelines. They need to have outreach. They need to be consulted by the city shown that the pathway, it makes sense, and then had, have their hands held. Another problem, um, design teams. I have spoken to multiple engineers. who are afraid to confront Cottonshires. You've heard about the consultants tonight. Multiple engineers who said to me, You have to fight them. I can't fight them. They've, I, I, they represent 57 other cities. I need working with, I have to work with them in all those cities. They're often wrong. They often get the state law wrong. They get the local codes wrong. They engineering is wrong, but I can't fight them because I need the work. That is not OK. I just heard another example of that tonight, adding to the engineers that I'd heard from. They're often rude to survivors. I had an encounter in the, in the rebuild center. I thought, well, wow, city staff is really nice, but who's this one person who's being rude to me, Cotton shires. because they don't care, because if Malibu were wiped off the face of the earth tomorrow, they just replace the contract with somebody else. Our city staff care about us. I believe that. But these consultants don't. And then over the weekend I heard from someone else's design team about true North came back with nitpicky, nitpicky, nitpicky, wasting time and money just to build the city. It had nothing to do with the structure, nothing to do with the, with the design of the house. Nothing to do with safety. Just corrections for the sake of corrections to build the city. And I was told not to come here and name Cottonshires or True North tonight because quote

unquote, they can make it hard for you. That's what I was told by multiple people. That's not OK. If these consultants are treating this city like, like just chattel. That's not OK. This is a small town. so that's my two bits Thank you, Rosemary Sampson followed by Diane Moss, followed by Beatrice Zelinsky. OK I am here to talk about the Broadbeach Road collapse. You've heard several people now, including the contractor, so I'll skip some of this. The overturned crane was a construction site located on the vacant lot next to 31,430 Broadbeach phone, and both of those properties are owned by Mark Antonio, as is the house on Verrirobe, a construction worker informed my husband, but about 2 years ago that they were merely replacing and rebuilding the seawall for 31,430 Broadbeach. At one point, the construction was stopped because the crew was stealing the sand from the beach. That was for about a year. I am assuming you've heard about this. So during the day when the crew is working, the crane sits on the site on the eastbound lane of Broadbeach Road, reducing Broadbeach Road to one lane in both directions. They do half flagmen. Um, the fences that they have installed on the property or all the way to the curb of a lot. We, the public must walk by in the street on foot. The crane is on

the street during operating hours and off the street after operating hours. Sometimes, uh, they stopped the traffic and sometimes they don't, but there are flagmen. They are moving heavy pipes with these cranes from the road on the opposite side. parking lane again, public property over to the site or they're taking out the seawall and moving that across the road into trash bins on public property. I passed it on foot today with my dog that uh thinking that the construction site would be closed until the investigation of the accident was completed. It was not. Again, the crane was parked and operating on the east side lane. Nothing has changed. I ask you to stop the work until the public right of way is restored in front of 31,430 and the vacant lot and a right of way across the street. Full investigation at the owner's expense of the safety of both the crane and the pile driver. Adequate provisions for public safety at the site, including monitoring and cleanup of all the junk piled on the public right of way at 31,430 Broadbeach Road, and the vacant lot and across the street um, where they have the trash bins. Thank you. Diane Moss, followed by Beatrice Zelinsky, followed by Arno Diane's not here. OK, Beatrix followed by Arno

followed by Lloyd Ayer I'm going. OK, thanks. Good evening, Mayor City council people. It's been a while since I've been here. I'm here, um, to lend support to Abe Roy. I did not realize until tonight that you guys had ended his volunteer position based on a whisper campaign without investigating. first and giving him a chance to answer the accusations. I'm pretty shocked. Speaking as a wolsey fire victim who has had her rebuild application in with the city for an in-kind plus 10% rebuild of my family home since summer 2020, and I still do not have a building permit. The city can use all the help it can get in addressing this massive new losses in a methodical, logical, and fair way, whichchhink Abe was helping facilitate. This approach of being methodical, logical, and fair. did not exist until you created the rebuild center, and it sounds like. it's still not functioning that great. In my case, we can get into a pissing match as to who did and didn't do what during these past 5+ years. But in reviewing the last 5 years' worth of emails back and forth between my family and the city. I know that the city strongly resists taking any blame for the delays they have put my family through, and there from my opinion, they should tread carefully in getting rid of somebody who is so appreciated by the community and so helpful to you guys for making the real new rebuilds happen quicker. Please reconsider what you've done to

Mr. Roy. Thank you. Thank you. Arno Merrigans City council Seeing how a volunteer neighbor and friend who has invested as hard, blood, and soul into improving the rebuild process and selflessly serving the community being treated is honestly appalling. Some people got what they wanted tonight. And for those people, it is more important than ever to show up and fulfill the community's expectations to pick up the pace of issuing permits and get our homes back. fast I sincerely hope that the people who believe they can do it better than Abe will do it. better than Abe And know that despite what happened, Abe and the zone captains will continue to support where we can. and not even take credit for it. You can keep that We just want our homes back We are still in this together. until our homes are rebuilt. Thank you Thank you Do we still have our 3 raised hands? Uh, now they're 6.

No, we had the three. OK. They were the original 3 were. Jim Rogers Jim, are you available Yes, I am. Can you hear me? Yes, go ahead. Great, thank you. Thanks for hearing me. Um, so, uh, my family, we received our, uh, PV approval May 21st. We kind of approved uh. proceeded as aggressively as we can, um uh me Protem silverstein said he wants to hear specifics of roadblocks and solutions, so I'll try to, try to zero in on a little bit of that. Um, uh, we met with, uh, the geology department, our geologists, our architect on August 7th. Uh, they had a good discussion outlined what we needed to do. Our geologists submitted 426 page report on August 25th. Uh, and then we quietly waited and uh finally, last Friday I tried to dig into it to figure out what was going on, uh, I was told by somebody, it's only been a month. It usually takes 4 months to get anything back from geology, but I wanted to find out. Well, it turns out there are 2 versions of the portal and we load it into the old portal, not the new portal, so it hadn't even been seen or. touched yet after a month. Um, so that, that's one issue. The, the other one, is around fire, is, is, uh, kind of some good and bad. We meet with the fire perming department. I know that's not the city's area, but um, their permit engineer says, no, you've got to do, we're on

private seaboard. The road's too narrow, so you gotta do a get profiles of the slope of the road. You got to come up with a design to widen it, which is really not feasible, so we spend a lot of money of time. And, uh, then we find out that the the other permit that was issued in Big Rock further down, uh Seaboard Private Seaboard and that was all waived, so, um, we're, we're we're talking through Chief Dubali now, and I hopefully we can get uh the similar waiver because it's the same situation, but the permit people don't know the rules. Um, and then even today we had a meeting now that we're in the right portal and going, we have a meeting with permitting staff, and we're told, uh, well, we need to produce an erosion control plan and a grading plan. in our architects often doing this, but I've also heard from counsel in the past mentioned about, well, if you're in the same footprint which we are and literally we're in the same, all of that stuff saying staying the same. We've got the same patio, the same grass, same everything. So these things need to be clarified and pushed down to to staff so they know I don't fault them because, you know, they're not involved in all these meetings, so they don't hear all the stuff. Nothing gets decided and after all these months, we're still in the same situation. Um Sorry, Jim, thank Darren Darren Good evening. Hello. Well, good evening, Honorable Mayor and City council, uh, thank you for taking the time to hear my complaints regarding the manner by which the city has been upholding the rumors being spread by a geotechnical consulting engineering firm. Uh, since February, I've been very

appreciative of this, the steps that the city and council have taken to help the palisades fire rebuilders. However, also since February, a geotechnical consulting firm has been, I believe, misinforming the rebuilding public about the intent and provisions of the lamp. I say this because I visited the rebuild center and within 5 minutes of discussing my family's property, I was told that I must upgrade the OWTS system to an AOWTS system and prepare to pay a contractor to construct a shoreline protective device, also known as a seawall thus, uh, potentially wasting hundreds of thousands of dollars to ruin the beach with a concrete mass. This information was given to me verbally, not by a city of Malibu employee, but by a geotechnical engineering consultant who for some reason was very happy to also be sitting in for environmental health.ve that this misinformation may also be um spread to all other 326 beachfront rebuilders, and I would argue that this is the point of view of one entity, the Geotechnical engineering firm, rather than the intent of the LA Regional Water Board, the California State Water Res Control Board or the lamp. If you recall, I clarified the intent of the lamp to city council on June 23rd by simply reading the definition BB to counsel, which clarified that the State Water Resources Control Board and the city agreed in 2018 that any building destroyed by force measureure or fire should be allowed to be reconstructed and retain the existing functioning septic system so long as the reconstruction of the home or edifice does not add to the plumbing waste load being handled by the septic system. This is the current intensive of the lamp, and which is for our purposes, the governing law rebuilding homeowners. However, on September 9th, a geotechnical engineer sat next

to the mayor and uh the other members of the Rebuild ad hoc Committee and dictated to the coastal engineering firms in the room as well as structural engineers that some April 24th email from some entity told everybody that we had to upgrade to an AOWTS. I shared a different email uh issued to us through Jackie Irwin's office from the LA Regional Water Board that said the opposite. So I'm gonna go with that considering the email was dated May rather than April of 2025. I would also argue that a geotechnical engineer should never be answering questions about environmental health and a consulting firm should not be interpreting the lamp in the manner that Cottonshires has been doing so since February. They are not lawmakers. They are consulting engineers, and I believe the city should instruct them to act within the confines of their contract with the city. Darren continually interpret the law. Thank you. The third hand, um, was lowered. OK, great. So, that'll conclude public safety or public comment I apologize Um, I'm gonna take the unusual status and and I'm going to talk first. So I'm going to take responsibility for the, um, issue with Aroy. There was no, I discussed with the city manager. I did not discuss with any other council members. So um, she and I had a conversation. We talked about the 90 days that had originally been talked about for the ambassador's time frame and we'd, I decided that we would go ahead and put a commendation towards um Abe Roy for the outstanding work that he has done so far. and that the process was going to be brought to the level of the zone captains and not to have one particular head, but that the zone captains would all equally

have a seat at the table and everything would run through them. Um, Abe is not, um, precluded from taking part in any of those meetings. He is a welcome and I agree with, uh, everybody's words that have been said. He has been an asset, um, but the fact is, we haven't gotten the types of submittals in the applications that we need to, and there are many, many steps that are being taken to ensure that more people are submitting in and that the rules are clear. We've been taking very many steps. One of the items after this, um, we're going to be solidifying the 16 items that we've met several times with. um, and have some formalization there. So hopefully residents will feel that the um interpretations that staff is making are clear and understandable and well-defined for the community so that they can submit some of the other steps that have been done. They have produced the building plan check, submit all document that goes through and outlines the steps to it, including a checklist. of all the documents that are necessary to submit in building safety Plan Check. so that homeowners can pick this up right now and know before they even submit an application of what the documents are going to need once they get to building safety plan check. We currently have 69 planning verifications completed. We have 17 submittals into the building safety plan check. We need to hear why people aren't moving from the building, from the planning stage to building safety stage. Please, please, explain that because that is where we're not seeing the results that we need to see. We have heard from people with

regards to the corrections that some of these building plan check applications have received already, and the building official is addressing those, and she is working with those consultants, um, ready to streamline that process and to make sure that there are not redundant or unnecessary items, um, coming back from the consultants, but any time you start off a process and you hire new people, they're going to do the absolute, um. complete review that the building code requires. We have an incredibly stringent building code in California. That's because we have fires. We have seismic events. We have a lot of things that affect our homes here. And so we have incredibly stringent building codes and there are corrections, there are adjustments. I recognize those things need to be done. Our staff recognizes those things that need to be done, and they are being implemented and they need to be changed. And we are making those steps. Wade, I hear you. I am disappointed when from when I was a staff member here to where I'm sitting now. I hate hearing that people are afraid to come into the city of Malibu, and that needs to change, and we will work with everything possible because nobody ever should be afraid to come into City Hall. This is your city hall, and it needs to work for you, and I understand that that hasn't been happening, but we will continue to work and improve the process, and I will take whatever means necessary that we need to do that. um I know that's not going to make people happy and it's not going to excuse what's happened, but those are the steps that have been taken, and as I said, we're going to make this better and we're going to get you back in your homes, and we have to be a team in order

to do this, so. Bruce who I'm like really surprised at what I just heard. cause, um, I, I've got some other comments I'm gonna make, I mean, I I had no idea what the origin of this was. I'm gonna go back and, uh, first of all, I want Abe, I wanna thank you for everything you've done. I, I, um I was hoping we were gonna have a more deliberateonversation at the next city council meeting about whether to continue this um. role and I had thought that you would wanna do that, so, but I, I understand your personal issue. I mean, it's you laid it out and I, I get it. um, you know, we operate under the Brown Act and any two of us are allowed to talk about something outside of the con context of this meeting, but otherwise, we're not allowed to talk to a third or 4th or 5th person. We can't form any consensus, um, decisions are supposed to be made right here in plain view, fully transparent. um going back to when we first created the position of the rebuild ambassador. Um, going back to January or February when we when we first were finally allowed to meet as a city council because you may recall the prior administration wouldn't wouldn't call a meeting. Um, Helen and I were advocating for this position from day one to exist, and there was some resistance to it. um, but ultimately we all agreed to create the position. I sent an email to Candace earlier today because I had learned from residents that there was an under that there was a a a belief that the

position was being terminated, which, by the way, it was not and I'm gonna talk about that in a few minutes. It was not being terminated. There may have been a belief that it was Candace may have had that belief. Marianne may have had that belief, some residents may have had that belief, but a majority of the council never formed that decision, never reached that decision. But Candace wasn't here when the rebuild ambassador position was created, so I provided her some background information that might help her understand what we were supposed to be doing. And when we first discussed the um position, not when we had general discussion, but when we had a meeting to direct staff to create the position and come back to us for a formal formal resolution, formal resolution. I opposed the placing of a three month limit on the position at that time. um, but notwithstanding that, Doug made the point we should have a 3-month review. It was OK to have a 3 month position, but we would have a review before that 3 months ended. And when, when the city council formally voted to approve the rebuild Ambassador position on May 201. The agenda report included the following bullet point Operate under a 3 month term with the possibility of a further term upon evaluation and review. It doesn't say parenthetically doesn't say it, but it was implicit by the city council. Additionally, the formal resolution approved by the city council states, among other things, the city council hereby appoints Abe Roy to serve in the role of temporary volunteer rebuild ambassador for a term of 3 months, commencing upon the adoption of this resolution and terminating on the 3 month anniversary thereof, unless extended by formal action of the city council after a review of the position and the work done during the three-month term. So when moving to formally create the position, I, I made that motion and appoint Abe to the position, I proposed again that the term be longer. Hallen viewed the approval as

being quote, 3 months with an option to extend, close quote. You can watch all this on YouTube. I went and reviewed it today. Uh, Mary Anne saw it as a 3 month check-in. There'd be a check-in with the city council. Helen asked, Should we agendize the check-in now so that before the term expires we'll have it on the agenda and Marianne's response was the city manager will do that before the end of the 3 month term. This is all the record of what occurred. I again advocated for no deadline with the city council having the right to terminate, which would have been a much better process in my view. Um, but the council preferred to have it brought back in 3 months to determine whether to move forward with additional time uh with Marianne again, specifically stating it would be helpful to have it on the agenda after 3 months to consider whether to continue the position or make alterations. So it was this position was not eliminated, and I mean, although technically it was to expire. It was not to expire unless we met, deliberated, and decided that we would allow it to expire or we would ask Abe if he were willing to continue to perform. Um now, yeah, I, I, I, I wanna thank Abe because we've had multiple lengthy conversations about how the rebuild process was going and ways in which it can be improved. Um, I think I shot down some. I, I liked some. I think I made some suggestions to Abe that maybe he, he followed up on that also helped improve the process a little bit, but I, I thought the process was working. uh, and I don't know where we were going to come out as a council. when we had the review because again, we're not allowed to talk to each other about it. Um, but I was keeping a completely open mind, and I was inclined to continue the pro the process. Um and and I I just, I was really shocked just now to hear

that the decision was made because I, I didn't understand that background at all. um there's been no whisper campaign that led to a termination, at least, you know, none that I've been involved in. Now. I wanna just talk about a couple other points that are separate and apart from that, um, Wade's point, I've been wanting to raise this myself for some time because I've, I've heard it as well about retro people being afraid of retribution and, you know, in light of the way the US government works, it's no surprise that people have that fear. these days, um. nobody should have to be afraid of retribution for for speaking to somebody. I mean, I, they shouldn't be have to be afraid of retribution for criticizing anybody. Um I think the people that came here with torches and pitchforks criticizing me for the first year or two I was on council, would know that I to this day, I don't, I don't take anything out on them. In fact, I helped a lot of people afterwards that were on that side. But if, if we have any employees or consultants who are acting retributively, that has to be addressed. I mean, I, I think that there needs to be a meeting. The city manager needs to make clear that that is not acceptable, but I'm not aware of it actually happening. I understand the concern, but it cannot occur. It's there should be zero tolerance for that. um I agree that and among the things that I had recommended, I think, uh, Kevin, thank you for referencing the two things and I, I still think we should be doing them. I think we should be doing all 10 of the things that I recommended. I think I had suggested also that we bring the geotechnical function in-house, it should not be a consultant in the historically perhaps we didn't have enough cases to to justify that, but we certainly do now. Um, and I

also, Abe and I have talked about bringing the the uh review process in-house for the Palisades fire rebu il t I don't know what progress if any has been made on that, but I think some people have made some good suggestions. I, I, Abe has made a ton of great suggestions, some of which have been implemented or are being implemented, um, and I'm hopeful that that process of um of getting feedback from the residents and implementing that feedback will continue. Um, there's a lot more that could be said tonight, but I, you know, this is obviously the big subject, uh, the other thing I would say is it's 9:30 now. I know these are important comments, but it's 9:30. We still haven't done any business other than the consent calendar, and we do have an important item here tonight which is the um the elevation, the, the base elevation for the homes on the beach, as well as the potential elevation of um seawalls and or um what whatever else is needed to protect the uh wastewater treatment systems. So I'm hoping we will actually get to that um I'll end there Let's go next Here's the proposal I received in terms of what the staff intends to do. Zone captain meetings, weekly meetings with the fire zone captains to provide updates, gather feedback, and address resident concerns resident resource workshops, monthly community workshops focus not only on the rebuilding process, but also upon resident recovery and assistance needs and design professional meetings, monthly meetings with architects, engineers, and other design professionals to address the technical issues and streamline their permitting process, so nobody is trying to cut everybody out and not have conversations. There's gonna, there, there will continue to

be, you know, meetings information passed back and forth, information gathered in the city, and hopefully, you know, we can address some of those things. So I just, you know, I I just don't want everybody to think that we're shutting up the whole door and nobody's gonna get anything. Hey? All right, well, um, my comments might take a little bit, so, um I would like to be direct. I'm sad that we're not protecting our residents, or at least I don't feel that I am, and I will take that responsibility. I'm angry about the homeless situation and the high fire zone. I'm disturbed by what I'm hearing about the crane at Broadbeach. I'm frustrated over the loss of Abe Roy and the process in which it happened, which there was nothing in my opinion, there was no Brown Act violation for me, but, um, it did feel sudden. I'm disappointed that after all of this time, only 2 permits have moved forward. like that's, we gotta be real about that. Um I think I heard why over and over why people aren't submitting various reasons. Some are scared and that's shameful to be scared of your own city. in which your homes burned We're showing loyalty to consultants and to a process instead of loyalty to the people who live here. We were elected to serve you. not bureaucracy. Right now we are failing this process, and I'll say I am feeling it because that's how I feel, that we only meet every 2 weeks and we aren't done with these codes is beyond belief that we're still talking about FEMA plus one is mind numbing. I would like to vote on Bruce's points. Like, why don't we vote on that? Why haven't we? Shall we? I have

here, something I wanted to read on September 6th, that I wrote after Abe Roy's presentation. They were notes that I, I took, um, well, with some help, but following the presentation by Abe Roy, I would like to formally request the implementation of the 6 recommendations outlined to streamline the like for like plus and like for like plus 10 rebuild process. These measures aim to enhance efficiency, reduce delays, and improve the overall experience for rebuilders while maintaining safety and quality standards. Please find the requested actions below. One, streamline administrative procedures. Develop a proposal to reduce administrative steps by 50%. These steps, such as the current payment system, do not contribute to the building safety and unnecessary time and cost to the rebuild process. 2, strengthen in-house plan, check engineering and how to enhance in-house engineering capabilities to reduce reliance on external consultants for like for like and like for like plus 10 plan checks. This will improve responsiveness, ensure continuity, and maintain consistent quality standards. 3, assign a city champion for rebuilder. Immediately assign a dedicated city champion to each rebuilder post-planning approval. This point of contact will provide continuous support, advocacy, and problem resolution throughout the process. 4, implement standardized checklists in Aristar. Deploy standardized checklists and rapidly implement ArcaStar to improve submission quality, ensure consistency across processes and reduce incomplete or erroneous submissions. 5. Consolidate corrections in one review. Adopt the policy of providing all corrections in a single review to minimize irritative. delays. Ensure adherence to stated timelines and address any areas where delays occur. And number 6, collaborate with LADBS invite

the Los Angeles Department of Building and Safety to share their approach and tailor their best practices to meet Malibu's specific needs for like for like, like for like plus 10 rebuild processes. Please provide a detailed plan and timeline for implementing these recommendations, including any resource requirements or potential challenges. So I put that on ice That was from September 6th. I don't see why we don't put that in writing or have the city do that or in lieu of what Bruce has suggested over and over. Why don't we vote on some of this and bring it back. That was actually Abe's comments, so I'm not going to be a pla plagiarist, but I did ask him. I said, please give me your, your points. How can we help you guys? How can we help the residents, and that's what he wrote me back. So I don't see why we don't do any of this or even fire Con Shires. Like, why are we still talking about this? I've heard that Cotton Shires has been a, you know, I don't know. Why, why don't we look into there's something's got to give here That's my comments That OK, um, Patty, padding clean up here. Let me, let me get off topic about, uh, the rebuilds for a second and talk about a couple other things that need to be done, and now we'll talk about the refills. First off, a terrible tragedy about the pedestrian on PCH on Friday night, uh, safety is one of our requirements in this city, um, and when you think about it, 25 mile an hour speed zone, uh, driver and the number one lane, um some things just don't seem to be avoidable, and I guess that's one of them, but, uh, tragedy is a tragedy. Thankfully, the person stole alive. I hope they recover. I don't know. I don't know their condition. The overturned crane

on uh Broadbeach. This property has had a history of problems, and I know I've talked to the building safety department. They've been out there. There's been conversations about it, everything from stealing sand to, you know, whose jurisdiction is it coastal commission's been on it. This thing is a mess, um, and it's got multiple jurisdictions. It you know, the fact that nobody got hurt with the crane is a is a blessing as well. uh but this brings me to the point of why we're in this position, whether it's to be rebuilds or uh looking at building safety issues for the rest of the city. I've said this before, we're two towns now. We've got the rebuild town to take care of. We've got an existing town to take care of. The crane is in the existing town. The rebuilds are what we've talked about so far tonight. The city staff is down in the building safety area 15 people and we say which you will get rid of cotton shire, we'll do this, we'll bring bring it in house. We're having a hard enough time getting people in here now. That's the reason why we're outsourcing. and I know the city manager and the uh staff is working diligently to bring people in. There are hires taking place that had been postponed as unfortunate, but we're doing it now. So we are actively trying to bring him in. but you know from your own experience, if you worked in a business, people don't walk in the door, plug in, and suddenly go to work and they're perfect. It takes time. I know it might, uh, corporate life is to tell people the 1st 90 days you're still trying to figure out where the phone, uh, how do I use the phones. So it's it's not gonna happen quickly. We're going to have to deal with the consultants until we can't, until we can do it in house and we'll have to work with as best we can with that where the cotton shires is part of the problem or not, I don't know, but we need to find out. now um we've got an issue here. It's gonna be coming at us, and we need to take care of. Sarah retreat and the flooding

potential on Cross Creek is a high risk concern. If we are not able to get the creek cleaned out and it overflows, it floods the civic center. not to mention the homes that are in Sarah retreat So we've got to look at this in two parts, and I've already talked to the city, uh, uh, staff about this and I think we've it's gonna be one of the things we got to track, that is, we need to be prepared for the disaster. The comments were made about trying to have the access, uh, issues for the people in Sarah Retreat as private property. We need to take care of that now and I'm asking the city staff to do that, get back to us on what we need to do to make sure that city staff and other emergency people can help in a disaster on the private property, but we also need to be prepared for the public property that's out here in the uh retail centers in the other areas that might be affected by flooding, and I'll give you an example The city doesn't have an automatic sandbagger. Now think about that for a minute. How do you feel sandbags, a shovel at a time? That's ridiculous. A $15,000 sandbagger will do 9000 sandbags a day. That's the kind of stuff we need to get in here. So yes, we're focused on rebuilding, but we also got to protect the rest of the town. So I know Richard's typing over here right now. He's probably typing it in, sandbagger. I talked to Susan Twennis about it. We need to get that in here. We need to get the procedures if we're having a flood, we've got to deal with it. It's so different than our fire management system. We may be looking at a flood in Malibu this year. We need to take care of it and protect er retreat as well as the rest of the city. Now. let's talk about Abe and ad hoc. Everybody said this is not, we've not had a brown Act violation. I echo that. But we also have an ad hoc committee for rebuilds, and that's the

two people to my left here. and we're asking them to oversee this process on behalf of the city council. The fact that uh you know, there's been issues here that aren't being taken care of. They're our front line on this. We need to have them work on this. I'm not putting any blame on it, but we aren't doing a good job here. When I was uh in the mayor position, I think we had the uh rebuild center idea floated within 3 to 4 days. We were releasing space across the campus here and the idea was this would be the entry point for people to get started. We've had, I believe, 150 applications in the planning side and it's moved reasonably well. I, I'm always pleased to hear people say the rebuild center, help me out. It's been a good spot and it was the idea to have a concierge type approach when people came in. but where we failing, where we're failing is that transition from the planning verification to the permit application and approval. as little as 2 weeks ago, I think we had 10 applications in there we're up to 17 today, and I know Yolanda has promised 100 by the end of the approvals by the end of the year. That's that's more acceptable than where we are today with 2. Now you can't compare everything to the palisades. A lot of those homes were already remodeling, uh, recent remodeling. I know a friend of mine. got a rebuild permit because he just finished the house that got burned out, so it's it's not all the same, but we should be doing better and we're not, we're not making the transition from the planning verification to the permit process, whether that's because we're afraid or we are not doing it properly. I don't know. That's what we need to find out to Abe I appreciate extremely appreciate the efforts you put in and the captain's efforts as well. This is the feedback from the front

lines, and I think we've got a process in here for uh what we use what we call it uh corporate management participatory management. The people that are doing the work probably know how to solve it better than the people that are administrating it and that's what we've done we've put the two parts together, the people in the field with the people that have to do the approvals, so it's set up right, but we're not getting the results, and that's where we need to, need to figure out where the problem is with shortfall. Now I don't know, I don't know how to say this any differently than I'm gonna say it now, that is, it's the responsibility of everybody. not just the not just the staff in the city council It's not just the consultants, it's the applicants as well. We got to work on this together. We're all in it together and look. we'll do the best we can to get you back in your homes. I said that from the very beginning. Our whole objective is to get people back into the house they had before. Some of the statistics that are being rolled around are not correct You know, you think there's only 4300 people in the city of Malibu, 4300 households, so it's a census track says. We have over 8000 homes, so some of the homes that were lost are not necessarily primary residents or second homes, but every home is important, and we got to get people back in their houses. That was the pitch we made to the governor when we set when as late as February 13th when we got the final rulings from him. We need to get people back in the home they had before. So that's the objective and everything else is BS. Let's get it out of the way and get moving. Uh, with that, I see Rob has stepped up. Did you want to talk about something I'm just said or Are you ready for the next act? All right. That's my comments We have got to move this quicker and I'm anxious to have input from whoever is having a problem jumping from the planning verification to the permit side. Tell me, call me, whatever. I can't talk to

everybody up here. We have our meetings up here together but we are moving this forward as fast as we can. We're given the constraints that we have and part of that constraint is we don't have the staff. We also have, uh, the fact that the city has never been in a fast track construction process, things that we're trying to address and figure out are things that. the Los Angeles probably already worked on. They also have a deep staff. We don't have one. We've got smart staff, dedicated people, but we got a lot of openings, we're gonna get them filled as fast as we can. Till then, we're gonna have to work with Cottonshire at some of these other people that we don't, that people don't like necessarily, but that's our resource to get you moved forward. That's it. Back to you, Mayor Thanks, Steve. Uh, just a real quick and, and I, I think we've talked about Abe. The Broadbeach guy, the Eric was it it spoke for the Broadbeach folks, you know, the pictures we saw that you got traffic or cars parked on the in my in land side of the road. Are those your employees? We, we have some employee parking on the, on the side of the road. Why the hell you got them parked over there? You're blocking the road. Why don't you put, I mean, I love a male who knows what everybody's building up there, we make them take the construction people, park them down someplace else. uh, bring them in and, and by bus or something, but don't block up the road. That's part of what the problem you, you heard the people talking about it tonight, right? And you can fix that. You don't have to wait for anybody else. You can do something to open that road up and make it safer for the people that are walking up and down it. So please do that. You've got a new supervisor that you talked about, you put it in there, get them to do something. I mean, make a difference. Thank you OK, uh, we can talk more about other things, another time, um, so we have item 6A Civic Center

wastewater facility phase 2. They may want a break or do we just want to power through? Yeah, we've got, we got a, we got a couple OK, 9:50 and we'll

be back? 8 minutes? OK. Sorry,

Rob You ready? All right. Thank

6A. We're on the Civic Center wastewater treatment phase 2 update. Big excitement. Hi, Rob. That's right. Um, so good evening, Mayor and council. Uh, tonight I'm gonna give another update of our Civic Center water treatment facility phase 2. Kind of a brief, a brief background on, on this, and if you've heard this before or seen these slides before, I, I repurposed them, um, but, um but if those who haven't seen, seen this or don't know all this information back in 2010, uh, to say water board issued a septic prohibition for the civic center area and what that means is that that that prohibition prohibit all use of septic systems immediately. In June of 2011, the city and uh the regional board, LA County, LA Regional Board entered into an MOU that develop implementation strategy on how the city was going to comply with the, the 2010 septic prohibition. And what was included in the MOU was the septic prohibition that that separated the area into three different phases. First phase is the commercial properties and in the civic center area that was completed in September of 2018. That same original MOU. had phase two, which includes, um, which included residential properties, uh, the deadline was November 5th of 2024. and the last phase of the of of the prohibition had a deadline on November 5, 2028. Back in August 2018, uh, council

director staff to start to design a phase two, and we were working on towards that. So now I, I'm gonna go over kind of where we are today uh for phase two, like I mentioned, we, we started the, the design in 2019, uh February of 2022, we completed the design of phase 2. Um, and I also want to mention to the financing for this project was going to be through a low interest state loan through the State Water Clean Water, um, funding, it's, it's a state revolving fund loan that the city applies for and has and able to get financing through the state of water program, um, for this. um that process requires an extensive review of the city's project, and the environmental documents and uh and just to make sure we have enough everything in place so we can have a successful project Part of that review process, the state Water Board required as an extensive cultural resource analysis and in July of 2022, we, we've performed that and discovered a significant cultural resource finding along the pipeline and the proposed Sarah retreat neighborhood. Since that, since that time, uh, the regional board and the city, uh, looked at different areas and different ways how we could address the concerns and avoiding disturbing the cultural resources in Sarah retreat. Unfortunately, we, we had two fires, and that pushed back all, all of the negotiations and discussions and modifications of phase 2 Uh, since May, between May and

September this year, staff in the regional board have, have begun uh or completed all of the modifications and uh to get the project back ongoing. Um and I'm gonna discuss those changes. But first, I, I wanna show you, uh, this is the, the original prohibition, uh, map. You can see the the three different phases, the yellow is phase one. The orange is in phase 2 and phase 3 is in the purple, and ignore that red circle. I don't remember why it's on there. Cicera neighborhood, isn't it? Yeah.s showing what the new revision is. Um, I, I did this a very similar presentation back probably almost a year ago, um, the map has was very very uh was the same as as it was back a year ago. A couple of different wrinkles, but the, but the big change is the scion color on the right, that's Sarah retreat. that is moved to phase 3. of the red circles in the bottom left are were in phase 3. They're, they're being moved into phase phase two. Part of the negotiations and discussions with with the regional board is that they wanted to see an equal amount of wastewater flow that was generated from Sarah Retreat with additional properties that were identified in phase 2 or phase 3, and the, the red colored area. Um, a new wrinkle to, to this negotiation was um a feasibility study in

Sarah Retreat. Um, and what that will be is looking at different, different ways those properties can actually meet the requirements of the the water quality objectives for the Malibu Creek and lagoon. And what that means is that there, there could be opportunities where maybe the property owners will upgrade their septic systems to advanced, um, it, it could be a series of smaller package plants that were able to treat um a series of homes, or it could be other methods and so what this feasibility study will will look into all the different objectives and ways that we can meet those water quality objectives and requirements from the regional board and and provide a mechanisms that where the city and the Sarah retreat homeowners can collaborate and develop a, a uh good plan to, to meet that, that doesn't. that doesn't uh expand so much money. Uh, the next, next slide here, I'm, I'm gonna go over to the revised milestones and deadline. Uh, right now, the, the, uh, the uh regional board has issued a um a draft MOU that's currently out for public comment, uh, public comments are due, uh, this week, and they are holding a public hearing on October 23rd at the, at the regional board. um at that time, the regional board will take this item on and most likely will approve this MOU and in turn I, I will bring this item back over to city council for for final adoption or comments, but that will,

that will take place in December. Um, as I mentioned, one of the wrinkles that that added on to this was a feasibility study in June of next year, we are, uh, the cities is required to submit a feasibility work plan to the regional board and let the regional board know how we're going to evaluate and and look at those alternatives and Sara retreat. January 2027, uh, the deadline to complete the uh the the design and uh complete the EIR addendum for the project? and July of 2027, uh, we're required to form an assessment district for the um properties in in in phase two. In January 2028, uh, the, the city will, um, finalize the funding agreement with the with the State Water Board and begin construction. And in June 2029, construction will be completed. And then um this next day, December 2029 is uh after, after construction is completed, there's a time period where we're gonna have all the property owners kind of connect their private private wastewater laterals to the pipeline that we're going to put in the ground and that takes a little bit of time and coordination. Um, we'll probably start earlier than December and then um probably during construction, but it, it gives us, gives us property owners enough time to to do what they need to do to make that connection. And the most important here is between December 29 and December 30, uh, um we're gonna be conducting water quality testing, and

that's important because that water quality testing will, will prove the effectiveness of the treatment facility and connecting all these properties to uh the uh Civic Center water treatment facility. And then December 2020, 2033, phase two is, is, is scheduled to be completed. Phase 3. I think you said 20, did I say 2? Base 3 So, uh, next steps, I want to go over the next steps of what we're gonna be doing here as I mentioned, the regional board has their MOU Amendment number 4, at, it's a public hearing on October 23, 2025, that's when the the the board will take up this action and consider adopting the MOU. After that, um, I, I will bring this item to counsel for approval and comment, um, that that will happen in December, probably the first meeting in December. And then as I mentioned, uh, we'll start working on the uh the work plan for Sarah Retreat, um, a, a work plan will need to be submitted to to the regional board by June 30th, but that's something that um I plan on working with property owners holding, holding public meetings, getting input and kind of working together to kind of put this together. and uh this revised phase two does require some additional design work. We have those properties on Malibu Road that needs a new wastewater Is that a typo on number 3, the year? 26 OK, it says 25. Yeah. Thanks. Sure And,

and then uh that's sort of funding we are working with the, with the state water board to submit an application and all the documents needed for the funding and uh we'll continue to kind of work with them to make that next step. And, and that's questions, uh, one thing that I wanna bring up to because there was some kind of confusion between this and the PCH sewer um project. There's no relationship. This is two separate projects. So this MOU doesn't have any impact on any potential project we're gonna be doing for the wastewater on PCH. So, uh, what's that? I hope you'll have questions. Clarifying questions? One quick one, I know that HRL paid some money for up the fronted us with some money so they could get her where are they going to get hooked up? When, what, what phase are they in? Yeah, they're in phase two. So you're the map bac up. please. So you're gonna drive, you're gonna drive the pipe up Nelva Canyon for phase 2 for those guys, OK. Anyone else The the draft MOU is, is it anything other than setting forth this new schedule? Is there any other substantive changes? It's, it's mostly the schedule. It's that twee, it's that little change about the, the feasibility study that gives us a little bit more options and ways that we can kind of um meet those water quality standards in Sara Retreat rather than forcing those all those homeowners to put in a sewer line in in in there too. I think there's, there's a lot of different options and um strategies that we can look at and look at, so it's like, uh, you know, upgrading their septic systems to meet that. I think that's a, that's a viable option, but we just got to flush out all these different ways and see what's what's

what's even possible. OK, thank you Um, I have one too. So as it stands right now, Malibu Road is on septic, right? In the colony. So when I go and walk Malibu Road, the houses are in stilts. and I'm wondering where their septic is because unlike the colony, they don't have seawalls. Do they have a continuous polka that goes pretty much the whole. Maybe I haven't noticed it. Are there rocks in front of it? So there's from from what I remember, there's either a seawall or there's a rock group of Edmond or something that's protecting the septic system on on Malibu Road. Oh, all up and down. There's a variety of different um treatments. Got you. Um, and did the do these neighborhoods vote on this assessment district, or was it just deemed required. Both. Oh, so they voted on it. No, no, it's,, it's, it's required, but they're ultimately going to have to vote on it because in the form of an assessment district. OK. And what if it doesn't pass? Then uh, if it doesn't pass, then the we're not going to meet the deadlines and the regional board can issue fines to the property owners in the excess of $10,000 today. OK. Um and then is this, could this be an indication of how long it would take for the sewer to go to Hyperion? Totally different Totally Totally different, totally different. OK, thank you. OK. Any other clarifying questions? One more quick one. The, this is there any part of the sewer gonna go down PCH at all? Paser Road? Gonna go east at all?

Nope. No, OK. This was, the, the, the previous one, we did have that crossing over the bridge and and go over to Sarah, but since we're not putting a pipeline into their, um, so there's nothing going down PC down PCH correct. Thank you. Well, for phase for phase 2, for. phase 3 is required, then the properties in the, what color did you call that? Purple. OK. What, what did I say? I said, I don't know, you call the other one something different, so. OK, so any property in the purple is phase 3, and may or may not come to pass. OK Um, OK, and no more clarifying, can we go to public comment? OK, so Jeff Thank you very much. I'll try to be as brief as possible, and Rob, thank you for the presentation. These things are always the devil is in the details. It's difficult. I'll try to go through it as quickly as possible, but the revised map is a little bit different because some Sara properties that were in the original phase 2 are now still in phase 2, but not included in what they would call a second. Can you blow this up a little bit, Rob, and I could point to it. It can make it a little bit larger. I know you don't all know the neighborhood, but you need to stay at the, I'm sorry, because nobody can hear you if you're away from. I know you don't know the neighborhood, but to the west of Cross Creek Road, those properties that are along in there that you see that are still in the uh orange color, um, are part of the Sarah Canyon neighborhood and located on the private roadway. Under the current new MOU, those

properties will have to connect to the central wastewater treatment facility. And, and that's gonna be difficult because you're running a sewer pipe down the private road and that private road is one of our two required accesses 24 hours a day, 7 days a week. That's one problem. And looking a little bit over to the easterly side of the, of the, uh, draft here. Um, some properties that were are considered in Sara, uh, we're in phase 3, and now are part of the purple phase 3. The difference is that those properties inside Sara that were previously part of phase 3, now have to do the analysis and potential upgrade of their on-site wastewater treatment system. So you're asking the people up Sweetwater, uh, Mesa to now do testing and possibly upgrade their systems, whereas before they were in phase 3 and didn't have to subject 2. The other two thing, the other thing I want to point out quickly, uh, is that the original MOU, and I'll ask you to look at this very carefully, but the original or existing MOU paragraph C2 says, Should the city in the Los Angeles County Water Board determined that the implementation of phase 1 and Phase 2 have resulted in bacteria and nitrogen reduction is set forth above the city shall proceed with the implementation of Phase 3. OK, so what it said was that if it's working, then phase 3 shall go forward, OK? The proposed revised MOU says should the city in Los Angeles Waterboard determine that phase 1 and phase 2 have not achieved the required reductions in bacteria and nitrogen concentrations. The city shall proceed with connecting parcels in Phase 3 areas to the

wastewater treatment facility. What it says basically if there's no reduction in bacteria and nitrogen, phase 3 goes forward. In other words, if it's not working OK, phase 3 goes forward. So that's a direct contradiction between the two MOUs, and I think it needs to be straightened out before we're asked to sign that. and the bottom line is, is that it's a little confusing with Sarah being moved into phase 3. Once Sarah goes through the analysis and the potential upgrade to the satisfaction of what's being sought by the water boards. Sarah should be permanently relieved of any further obligation to to they're not really in phase 3, they're released at the end of this. By the way, we have to come up with this plan before the end of pha se two, so we're technically in phase 3, but have a timing deadline of phase 2. It's a little bit complicated. Anyway, I'll ask you to look very, very closely at those items within us, but again, I appreciate what you've done. Thank you. Thank you. Joe, you submitted a late slip, so come on up. I'm sorry, did we have anybody online? Yes, um. there's 6 raised hands, but it's really only two people. So just the two people that are identified and we'll figure out. Yeah. Go ahead, go. So septic prohibition is for all the orange and the purple. So that means that no one can increase their bathroom counts or anything unless they do use low flow fixtures, I imagine, that's my first question. Phase 3 cannot happen in 2033 unless it's proved that the lagoon is being polluted by septic

systems? Is this also true? And how often is this testing happening for this, and what are the current results? Nitrogen and bacteria, apparently. There is much bird life in the lagoon, and is this being taken into consideration. I know you've heard that many times, and can't advance wastewater systems be processed instead of getting on this sewer in phase 3 as an option. And how will Sarah be included in phase 3 with all the cultural resources that will be potentially disturbed. Thank you. Thank you and can you figure out are two raised. So yeah, we have two, speakers. It appears there are 5 raised hands, but the accounts are all the variation of the same name. So we'll recognize the two individuals. So let's go forward on the first one. Ryan. Ryan, are you there? Yes. OK. Um, I wanted to say that, uh, the package sewage treatment plant, which is working fine in Winter Canyon, has not received any violations, nothing of significance at all in the last 6 or 7 years that this MOU extension process has been occurring. and that we were roped into this deal to try to um water down, no pun intended, the, the operation of the proposed treatment plant and to rope in more uh customers to help uh the economies of scale of the financing. This was told to me by Waterboard staff members, Wendy Phillips for one of them. I think she's retired now, who also said you need to declassify. or petition to declassify the civic center, uh,

basin, uh, water table as saltwater and not potential drinking water. We are, everybody knows it's too salty to be used and it was said to be used for emergency drinking water standard. So, uh, that might potentially be needed. Oh, that's never gonna be needed. It's too salty. We couldn't desalinize it and use it in an emergency anyway. So there are a lot of false contentions just to try to pull this one over on the city in 2009 and our city engineer, city manager, Jim Thorson had the science to debunk this whole thing, but, uh, you know, that, that wasn't the, the plan. We were also promised that if the condos were roped into it, we'd never see an assessment of greater amount than $500 per month. Well, that's not the way they bill for it. It would be 6000 a year. But that um economically doesn't work for some of the most affordable low-income housing in Malibu, which is the Malibu Canyon Village Project, which could never be duplicated. Uh, anything you build brand new would cost $2 million a condo these days if you factor in the land value. So there is no other low-income housing anywhere near the civic center and needs to be preserved The city should get a grant for each condos, but the assessment to join and pay the upfront fee is covered. I think that would be eligible and very smart to do. There is no nexus that ever said that the winter canyon subsurface effluent flows, ever impacted Malibu Creek, and it was sighted at less than 1% possibility in the cities in the water boats board's own report. The underground aquifer filters and naturally filters and continues to filter to this day the effluent out very, very

slowly under the water table into the ocean, like everybody else, but it goes out to Amarillo Beach. Nowhere near Malibu Creek in its contended polluted state. Thank you, Ryan. And Anne are you there Ann We're trying a few of her accounts. Hello. Hi, Anna, are you there? Hi folk. Hey, listen, I tried to call, uh, tune in on public comments and. I raised three hands. So this time I did 5. Just want to tell you guys are doing a good job and that's all. Public home. Thank you. Thank you. OK, that'll close public comment. Uh, here, let's go first just one more question. Uh, you've been testing the water in the creek. after the completion of phase one. Did anything get improved? Well it, it, um, it, it hasn't, we haven't had the the values we're looking at and the reason is right after we opened up the plant in 2018, we had the Woosley fire. And that kind of stopped all kind of flow that really reduced the amount of flow we had for quite some time and uh um for phase one. and then what happened after that? COVID. COVID and COVID hit and then that too. So we've had some really low kind of um flow amounts kind of we've been working with the answer is you haven't seen any major improvement, right, but I'm expecting like it, it's, it's once we get phase two on and those residential properties that we'll see some, some better, some better numbers and going through and, and I think

that was gonna be a significant. So you think that the properties on Melborough Road are impacting the, the pollution in the creek. It, it, it's probably not go ahead, we got to do it anyway. So what, what with that too, but there's, there's a, there's a, there's a number of monitoring locations, not just the creek that we have to look at and provide data. It's not, it's, it's, it's all over the, the Civic Center area. I'm just commenting the change that, you know, uh, Jeff Fowler mentioned we're now if, if it, if it isn't working, you gotta put phase 3 in. Yeah. And if it, it works like it did in phase one, we'll see phase 3. So it, they slightly changed the wording on it a little bit, but the, but the meaning was the same. The original intent or the first one was that if if um OK, let me see if I get this right. If, if water quality improvements have been met, those properties who aren't determined to be causing and contributing to water quality issues will be removed. So that was the language that that was an original um MOU. Now it's kind of cleaned up a little bit better to now that if, if water quality testing hasn't improved to these levels then face free will happen. It's, it's the same we get the end at the very end, but it's just, it's, it, it stayed a little bit differently. That's actually different than I had understood it. So I mean, I wasn't around when this was all done in the first place, but the way I always understood it was if there was no improvement after phase 2, that demonstrated that Malibu wasn't really the problem at all, because having made these changes, no, no improvement occurred and that therefore there would be no need to continue the project. It does sound to me based on what I'm hearing that that's been reversed, which is now that if there's no improvement, we have to go forward with

phase 3. I, that sounds like the diametric opposite to me. No, that was the original one was worded very poorly to where it it said that if water quality hasn't, you know, you know, hasn't improved, then those properties that are determined not to cause and contribute will be removed. So it, it's, so if, if it hasn't improved, then phase 3 will have to happen, but let's say phase the values come back and we have really good numbers. Uh, the regional board does have the ability to say, well, OK, yeah, these properties here are causing contributing, we're gonna to remove them. These other ones that the the testing over here at this location is not getting better, so we're gonna leave those in. So that again it gave the regional board a little bit more kind of flexibility or discretion to kind of pick and choose which ones they they fill to kind of be included in phase 3. So let, let's say that the, the, the properties in phases 2 and 3 weren't altered, that we just, we sta we stuck with the original plan and after phase 2 was completed, there was no material improvement. What would then happen with phase 3 under the existing MOU. Phase 3 would happen. It would happen. And what if there was improvement then then those properties that that aren't that weren't causing and contributing to water quality issues would be removed. How would you know what properties were not contributing because you have a series of water quality testing that we're obligated to do throughout the throughout this duration. We do it every quarter. We have monitoring locations throughout all Civic Center area include Sarah Retreat and um and we collect this data to see how the water quality and groundwater is kind of doing water quality wise and that data will be used by the

regional board and say, OK, water quality sample of 3 and 4 from this location isn't improving those properties will need to be connected. But the ones over in, let's let's say sample location 5 and 6, those are, it's improved. So they won't have to do it. OK, so, I've always heard that we, the, the city is optimistic that phase 3 would not need to occur. Um, does that mean the city believed that the implementation of phase 2 would cause a sufficient improvement that there would be no need to go forward to phase 3. That was the understanding from the experts like when things were going and the the amount of treatment and uh uh the groundwater movement and the data and analysis that was done during the original design. That was the original thought, yeah. OK. Rob, I, I respect your um, abilities with respect to public works and everything. I said this and I know you're a lawyer also, but I, I would like to hear from our legal counsel on this issue because I, I had been told for years sitting here that if phase two did not result in material improvement, then there would be no need to go forward because that would have established that this whole project was for naught. And now I'm hearing the opposite of that. And, and that's not your fault, but, I mean, that that's, that was my understanding. Maybe I misunderstood what we were told before, um, but what I'm, what you're now saying is the opposite of what I had previously understood. Yeah, I am 100% confident in that statement that was the original thought process for the original amendment or original MOU was was that if water quality hasn't improved in

those areas or those properties aren't hasn't improved, and they'll phase 3 will have to happen. because, because ultimately it's the water quality that they're looking for and and at the water quality has improved, then that means phase 3 will have to happen. So we can get the water quality. OK, and the, does the alteration of the properties in phases 2 and 3, make it more or less likely that the water quality will improve. My opinion, I, I think it's gonna improve. I, I think uh especially taking out to Sarah retreat neighborhoods. It, it's going to be the Malibu Knolls in in phase 3, and, and it's gonna be those properties along the beach on Surfrider and and along over there, those are, um, those are going to be still in phase 3. And so those are the remaining phase 3 properties that would need to, and um based on the, the locations of the Montereal wells and locations, especially with phase two, Malvino's, I, I think it's in good shape. That's going to get uh um it's gonna show the water quality, actually improving in that area. So, Trevor, I mean, again, I, I, you know, I, I, I very respectful of Rob and his abilities and what he does, but this is the opposite of what I've understood for the past 4 years. Yeah, we're making a change to the trigger for Wind Phase 3 has to happen. It,, it's, it's rewarded a, a little bit different. It's the same trigger, it's just reworded a little bit different. OK, why, why are we rewarding it? This is at the request of the, the waterboard. Yeah, the regional board made that change. Well, anything they're requesting is likely to cause us to have to do more work. I, you know, that's, that's it's something still we can always we can always raise them to and say request to to put back the original one. That's, yeah, I mean, this thing's been, I mean,

I was, I was involved in the beginning of this thing, and in no place have they did they go out and test any of the septic systems of anybody in Malibu, they just made a decision at the end. They looked at what was going down in the creek and says, you guys are gonna be polluting. I know when Sarah retreat after phase one, you guys went and tested all your wells, uh, and they were clean, nothing. So. you know and if I pee on Melvins, I'll be dead before my stuff hits the ocean, so So I mean, you know, I understand this is just a review and an update, but there's going to come a time when an MOU that's going to already be prebaked is going to be given to us for approval, and we're gonna be kind of like the, uh, people on Malibu Road that are being told it's your choice whether to vote for this, but if you don't vote for it, you're *** out of luck. I mean, I just don't see how we, you know, oh man, are we able to keep, are we able to keep the language how it is for the trigger for phase 3. I can make that request and do it, but it's um you know, it, it's, let's just say that it's, it was a frustrating, um, getting to this point and, and I'm happy we're able to kind of get to this, uh, um, position to where we have some um alternatives for Sarah retreat rather than putting in a pipeline, disturbing the cultural resources out there and and having some really big effect, uh, um, the changes in the zone make a lot of sense. I just didn't know that we were changing the language of the trigger for phase 3. It's essentially the same That's, that's when I'm. OK. if you could send that to me, I'd like to take a look at that. OK. OK, so where are we? Receiving file? I got a I got a quick question. And I have questions too, so. All right. Uh, Robin, your physical impact, um, staying on the first page says, however, additional costs may be

necessary to modify the design based upon a revised prohibition map. Staff will bring a funding recommendation to the council actually of the MOU. It's just materially large, it's, it's unusual to say we're gonna do this, we don't know how much it is. Is it gonna be $100,000 5000 dollars, a million dollars. It, it's potentially could be over 2 million. over how much? 2. All right, so we're, we're offering a blank check for $2 million. It, it's, I, I, I'm, I'm still working on that with their consultants to kind of figure out what that what that value is, but that's something that we're we're looking into. Well I tell you what, I don't, I don't like this at all. All right um getting back to the point that Bruce has raised, and we're going to take a look at it on the, uh, trigger. It seems like we've gone from a, a double negative to a to a negative. I, I can't, I can't tell. what the old one was and what the new one is, but we have to have this done tonight. I, no, I,, no, I'm just bringing this stuff for information if you want to pre provide me a response by next by Friday or something. Right, but, uh, but we're also able to, I'm, I'm also able to kind of give them comments. OK I'll defer to everybody else. And one of the comments I think you go back to what the original MOU said, I think everybody understood that understood it as best we could unless we're 100%, I don't see why you'd want to change that because it does sound different from my understanding. Yeah. OK, do you, uh, want to make any comments? So I think mine go back to what I hearing out in the community over and over and over again, is that I see bacteria

reduction and nitrogen reduction. But is that tied to actual human impacts or are we testing and confirming that this isn't just naturally occurring by all the wildlife that exists in these areas. I mean, great question. I, I think with the, with the testing and requirement that we're going to be doing for a potentially the new um plan for phase 3 and and Sara, it's, we're gonna be testing at that source at at individual um uh septic systems and that data will be used to, to, you know, to evaluate. But shouldn't that data also be used to influence whether or not phase 3 is even required. It's, I've tried that, and they're not looking, it's, it's there, that part of the, that analysis and argument, the regional board has is not in position to, to take up and discuss to prove that why phase 3 should happen, Serena. Yeah, because if you don't consider that it's actually coming from a different source then you can move forward with phase 3 because if there's no change So I, I'm, I'm just telling you what they said. They said they're not, they're, they're not willing to open up. be looking at water quality and to prove why phase 3 is should be even happen in Sarah retreat. So is that something that we have any ability to influence that they actually test for human um, but what is that gonna prove? We can't do anything about the animals. They get to be there regardless. We can't remove them, but if the humans aren't the ones that are contaminating, then we shouldn't continue to have to do elaborate things. and

multi-million dollar things in order to correct something that we're not physically able to correct. So I understand that, but what you're saying is hope reopening again the discussion of, of testing and proven data to prove that phase 3 shouldn't happen in Sarah retreat. Is that what I'm hearing correctly? What I'm saying is that in the MOU as science advances, we should take advantage of those advances. And if we have the ability to discern whether or not any bacteria or nitrogen can have markers of either wildlife or humans, we should get that included in the testing. because I mean if it's gonna come back at the same numbers because the animals are still there, why do we have to continue to, to make these changes that aren't actually influencing the improvement in the bacteria and the nitrogen. Now, am I going down a crazy road here or? OK. No, I, I agree with you. You're talking to a group of people that they don't really care. I understand that, but I mean that was my, I mean, I watched all those meetings and they just don't, you know, they didn't do any testing, this was I crazy. I brought this up several times to relook at retesting the area and trying to show new data and the uh human markers for bacteria and um uh regional board of staff and, and talking to their the regional board that they were not willing to take that, take that on and, and, and relook at evaluating Sarah Retreat. First? Well, look, it, there's a saying that when you're a hammer every

problem's a nail. I, I'm a lawyer and I look at this from a legal standpoint. My understanding of the history is the wood board, and I think it's an ideal name, the water board, um, wanted it as much sureer as possible, and Malibu wanted as little sewer as possible. Malbu wanted no sooner. So an MOU was negotiated where Malibu's position was to advocate for the best provisions that would minimize what would need to be done, and the water board was advocating for provisions that would, uh, maximize what needed to be done, and this is the result that we got. um I wanna make changes were agreeing to aren't increasing the probability of more sewer than we negotiated before. I'm not a I'm not smart enough or knowledgeable about this stuff enough to know whether we're going in the right direction or the wrong direction, but if these changes are being proposed by them, my experience tells me that these are intended to maximize our probability of going more than going the other direction or staying the same. and I just wanna make sure that we're not agreeing to things that are going to increase what we're likely to have to do now. I appreciate that a lot of this is being done for the benefit of Sarah, not potentially not having to go forward. or at least delaying it. um, but if doing these changes benefits Sara at the expense of causing more sewer otherwise, I would not want to do that. So I mean, I just, I just don't know how to do that calculation of is what they're asking us to agree to, going to increase what we're likely to have to do at the end of the day or decrease or leave it alone, and, and I'm looking to you for that

guidance so my opinion is um it, it, it hasn't overall changed the effect of whether those phase 3 properties would have to do it or not. I, I don't, it, it's, I, I think this method too it actually probably works in the city's favor rather than the regional board on the effectiveness of water quality in these in these areas and especially the remaining properties in phase 3. I, I think. those now with the now changes and things are kind of what we're doing have probably a better percentage of not being included or not being able to go forward in phase three. That's, that's my opinion knowing kind of the history, the um the analysis that was done, and what's going to be happening in in phase two and how and how those properties in phase 3 will be, there's a relationship to that. So you're saying it's your professional judgment that these changes will um either result in the same result down the line or a better result for Malibu, not a worse result. Correct. I think this is a way better result than, um, the original at MOU because MOU original one had sewers going everywhere. This one this one doesn't. And um but yeah, but, but we'll look on to that. I'll I'll, I'll make the comment on the, on the um uh for the timing for phase 3 and to get t clarification. Do I I hear you about it. It's uh gonna be better if they we accept this language. um the trigger for Sarah retreat, I still like the language that we have in there, the prior language, and I like the idea of the DNA testing to see they just included in there. They may not recognize it, but

at least we got an argument saying, look, we didn't do this. um, and I, you know, candidly, these people just want to get as much sewer in here as I can. I see that's where it's headed. Uh are you saying we don't have a chance to change this or? we just take it. I, I think you have a very low chance of um, but I think this plan actually produces less sewers and um the city then the regional MOU. I mean, it, it it may produce less sewers, but it's still going to cost the homeowners because they're going to have to go to advanced treatment. right? I, it, and it, yeah, we, yeah, they'll, they'll have to do something. They can't just, they're, they're and the regional board is not gonna say, oh, Sarah retreat's not gonna happen to you or anything. It's that's not gonna happen But there's no chance that they'll be able, so if they're, if the testing doesn't result in showing any um impact from their existing sewers. Will they have to upgrade to advanced treatment. Potentially Yeah, yeah, that's, it's, it's, it's all those in phase 3, that's part of the feasibility of what you know, what they're gonna have to do to treat treat in there, so there's gonna be some water quality sampling and analysis that's done in there too and see, see what's needed to be done for those properties to, you know, to meet those meet those objectives. You know, go back to your observation, and when this whole thing was going down, this regional water board it zero testing. in any septic systems, in any wells, anything. They just came up and said, look, you got pollution at the end of the creek. You guys got to fix it. And here, here's the plan to fix it whether that plan has any relationship to reality who thou knowest. We're going to be spending millions

of dollars and yeah. he had, he had no, no indication that we're causing a problem. Um you know, I think 4 or 5 years from now people are gonna look at this and go, why, why did you guys approve this? The answer is, I hate to say this sounds like we don't have a choice. Yeah, you don't have a choice because it it's already a, it's in the water codes that to prohibit septic systems in er retreat. So that's already a state code that's prohibits that and and this inside the butterfly. Right. It's not just rare. OK, um, if there's no more questions or comments? so the direction is we'd like to have staff take a look at that language and try and get the language to reflect the current, but understanding that it's a slim chance. I'll do, I mean, I'll do my best. I, I got them to change a little bit, you, you know, we'll OK, it's after, um, 10:30. Both of these last two items are pretty, um, impactful to the community? Do we want to just go and order? I, I'd like to move that we, um, skip 6B, bring it back next meeting, and, and just get succeed on and if we were to be retributive, we wouldn't be doing this and delaying people because they took so much time dealing uh complaining about us, but I think we need to go forward with this one tonight I'd like to see a shining power, power, power are both these three? I mean, it's if we can Well, can we, can we take 6C first and then have a take whatever motions on the table and we'll vote on it's because I'll tell you, I'm gonna, I'm gonna vote against going forward with 6B after we get done 6C. let's take 6C first. OK. Do we have a motion to hear item 60. I'll, OK? All in favor.

I can't tell you now whether it's gonna happen, so. Um, do we have all the public comments slips in? We're not going to take any late comments. And do we have any speakers online? Yes, there are two raised hands. OK, just lock those two light raised hands, please. Brief staff report Yeah, thanks, Mayor, members of the council, um our 4th time meeting about these policies will, uh, we'll go over them quickly. So, uh, we met in July 22nd, um, August 27th and, and also last Thursday, September 25th, to discuss all of these issues, the two remaining issues is what we're going to discuss tonight. Um, issue number 4, which was lawfully erected, um, we have language that hopefully, uh, captures, uh, what, um, Merirote Silverstein uh mentioned and also, uh, Councilmember Stewart as well about um. you know, the, the, the different, um, the code enforcement violation, and then only making that applicable to the structure that was in violation, not anything else on the property. Hopefully the language here, uh, suffices, um. and then the last one, which I think is more of a pertinent issue, so I don't know if the council just wants to perhaps we want to just do, um, one at a time, uh, but we have 3, we have 3 options that we've identified for issue number 10, which is probably um what's what most people are here for tonight is whether a wave action report is required for a like for like rebuild uh, essentially, we can get into the actual language, but

essentially what policy option one is, is that only the FEMA will apply for all structures, so the basic flood elevation plus one as applicable, uh, you know, if it's not applicable to a garage or what have you, then it may not be applicable, but as applicable, um, option two would be um that both FEMA and sea level rise have to be considered for all structures on the beach, and so um, if that option is considered, then the consensus from the coastal engineers of Malibu who attended the September 9th meeting was that a 40-year economic life for design should be used as the threshold for a wave up pressure or sea level rise steady. Uh, the third option, uh, is that for Habitable structures and garages and, you know, those accessory habitable structures, ADUs, what have you, that those would be dictated by FEMA, however, the um the accessory structures in terms of sea walls and onset wastewater treatment systems would, would be dictated by sea level rise or a wave upper study, also using that 40-year economic life. So that's the end of the presentation, um, we're available for any questions. Any clarifying questions? Quick, quick question. Uh, number 2 and 3. are you saying the number 2 that uh wave I uh wave study is required or not required. Uh, for option two, to issue number 10, it would be that both FEMA and a wave uprush study would be required for all structures on the beach. And what's on number three? Number three is that FEMA dictates the House, essentially, and wave up brush dictates the sea wall and the OWTS. OK. Thank you. Any other questions

Number one, don't worry about first is required. right? OK. Sorry, I don't want no wave uprush, right? OK. Just so you know, the late slip we're not accepting. We, we called them all in. Um, so Marissa's first, followed by Janelle, followed by Carmel. Good evening. Um, I'm going to speak to something that's an overall in the last meeting, Councilman Silverstein said, uh, he believed in you all agreed that people should build what they had and whether, and they can prove it, permitted or unpermitted, let them have what if they had pictures or stuff, he clarified it for me. I asked him, and I, I have the same feeling about the things on the beaches. Tonight we discussed, uh, view blockage. We were discussing FEMA, the FEMA regulations. The FEMA regulations has to do with land, not things on water. So that's why I'm a bit confused as to baseful at elevation finish floor level. Uh, the FEMA, um, insurance has to do with mortgages, and the, the bigger Waters Act of 2012 was what consolidated the the reform, and I'm gonna jump ahead a few years and the Affordability Act of 2014 grandfathered in things that were destroyed. and it, but it talks about land flooding. The whole thing is land flooding, and the only reason FEMA and base flood elevation comes into it is because they want to have a piece of the pie, both financially and in control. The firm maps, um, uh determined that the ID for the SHFA. Those are the special flood hazard maps, um the BFE is elevation at which 1% would occur. Only 1% would occur if you're using

base flow elevation for anything on the beach, um, the community program we operate under the LA County one. The base flood management has to do with the zoning subdivisions building a special purposes and the eligibility, I once again, 3 times I'll say, has to do with dry land, not on water. Uh, the cost, uh, has to do with the 50% of the market value of the house, not the land. So these houses, uh, the FEMA money for insurance purposes and very few people out here even take advantage of FEMMA insurance because it's 250,000. And they have the um uh determinations which are made by the local officials. That would be Mrs. Bundy, and it has to do with, uh, the current, the current building codes, and I believe she said that they were going to be using 2022. I think the attention should be paid, should be allowed that the people can build what they had on the beach as well. Same location, same height, so it doesn't block views. It's easier to cost if you're over the height, if there's a separation of 8 ft, let's say, you would have to have a carport. It could not be attached to a garage. Nobody on PCH wants a carport that lives in a nice house. They want a garage, and you would have to walk up 8 ft. OK, how does ADA compliance then apply? How did there, I have 3 clients right now who are of the age, and some of their spouses have disabilities, and I would like to see that, uh, continue. thank you very much. I'm getting it all in. I'm sorry, we don't have that much in the. I got to get these things going here. for these people Jennifer I'm the Woolsey refugee. Hey Janelle Hi Um, OK, I just, I wanted to maybe talk about all these different, these three

different, uh. applications that have been brought forth to us, um, in that I don't think people really understand what the female flood elevations due to the structures. So in the number one choice where it's just FEMA plus one, that is going to apply to all the structures, right? So FEM plus one, in certain cases like in Carl's case, his existing seawall is at 13, but his female fled elev ation is 22. So what that will do is that will make his wall 22, 22, uh, at elevation 22. Plus he will have to be down at the elevation that he's at. Also, the bottom of his wall. So that'll probably make his wall 22 ft tall minimum is my guess. It's probably a 12 to 15 ft wall right now, so that'll add 7 ft to it, right? Um, designing that wall, uh, a timber wall will probably not be able to be used anymore. Uh, he cannot use his existing concrete piles for sure. Uh, so I think, I think that that first one is really quite draconian, and it, it, it leaves too much, uh, in the design. The second one makes a little bit more sense, but there's certain things in there when I read it, it, it also prohibits uh uh a few things. The third one is a little bit better, but again, it's a, it's the same. The two BNC or 2 and 3 sort of say the same thing, um, I think that a 40 year life of structure brings down the sea level rise. So right now, as of April, when the guidance was issued, sea level rise that we are using for everything is 4.45 ft, right? at 4.45 ft, I'm finding that a lot of people's existing walls, if we're

talking about Carl's or we're talking about any of these people here, uh. will likely have to be raised by 3 to 5 ft is what I'm finding, OK? If we allow the 40 year life of structure. we will, they may not have to raise it, depends on when they were built. If they were built in the 60s, yeah, they may have to be raised. Um, a one, intermediate risk sea level rise is 1.15 ft, right, compared to 4.45. I know these are numbers. I'm sorry if you guys are glazing over, but it makes a big difference, right? It makes a very big difference to these people's walls. Um, that, that also we're not even talking about now, lique fa ction and lateral spreading on these existing walls. If if we have the, if we continue to have a liquefaction waiver and where these people take their own risk. uh uh and release. I'm sorry, sorry. Carmel. followed by Jennifer followed by Carl. what she was doing. Hi, um, each of you have asked tonight what you can do to help facilitate the 5 rebuild process. My answer is stop moving the goalpost. I've been working on this fierybuds. I'm an architect with Bergei architects, and I've been working on these fire rebuilds. since January. We, I have 5 beachfront projects that I'm personally working on. I've got a team of people, we have engaged the our clients have engaged coastal engineers. They've spent on average, about $20,000 per report. We've gathered all of the data that we were working with, the rules that we have, and now I hear

new rules. Also, I was here tonight to talk about the bulk determination, um, I waited 5 hours, and I guess I can't talk about that, but I will slip that in. You guys have come, uh, are coming up with a new definition that no one uses. So I would just say, follow the city of LA, the city of LA have realized that, you know, bulk, that just doesn't make any sense. They are just referring to footprint and height. You guys are changing the rules. I've got 5 projects already in the city designed to one set of rules and now the goalpost has moved. So all of my clients feel completely traumatized. So we were hoping to get into the city for um the building and safety review by the end of the year and get a permit, hopefully, by, you know, maybe June. maybe May. Now, if with this new rule, we'll have to redesign. So they're devastated, so. that's my Don't change the rules Jennifer, followed by Karl, followed by Arnold. Hello, counsel, uh, Mayor Riggins, Council members. First of all, I have to applaud your endurance. These meetings are long and I can tell that you're taking every item as seriously as the first one. And we are grateful, though I'm sure you are all as tired as I am. So I'll keep this brief. I also, I'm from Burge Architects, and I'm here on behalf of our fire victim clients who many of whom I know are listening, many of whom are here constantly saying, to your point, and I applaud the conversation, why, why do we only have two approvals right now. And, and Mr.

Silverstein, I appreciate your comments on the, what can we do? Here are 7 items, or, or Ms. Conrad, your, your comments about six things that can be done. Again, I just have to say from in the trenches, the reason these things are not coming through more quickly is because as Carmel said, the goalpost keeps changing. And again, I know you just had a 5 hour meeting on Thursday. However, I would have loved to be there to speak to that, but that got added very last minute, and it was in the middle of the day and we didn't know. I have a whole plethora of clients and, and, um, uh, uh, and fire victims who would have come to speak on their own behalf, and I can tell you since January, we are working with many different clients, and we have gone to every meeting and come to city council meetings and spoken to the rebuild Center who have been fantastic and helped us understand what the terminology in all these codes mean? And so we have used that to create designs, but you guys have to know before we even come to the rebuild Center, we've spent months and months designing based on the interpretations that we get from the rebuild Center, and they've been nothing but helpful, and I can only say thank you to Yolanda. Um, and the entire team there. My point is exactly what you're done, changing the definition of bulk changes almost every single design that we have in the books, and we're going back to the drawing board on all of these that is pushing back every single application that we have in the pipeline ready to come to you. And now at the final minute, before my time runs out, um, one of our clients, uh, Doctor Doherty, Doherty, uh, was here for item 4A and he had to leave. He's a doctor and he had a surgery early in the morning. I'd like to read part of his email that he had planned to read to you, and I'll keep it brief. I'll just read the final sentence, but this email did go to every one of you, and I urge you to

read it. His final comments were, as a homeowner, I already face the enormous cost of building a new seawall septic system, and foundation in addition to complying with new fire codes of FEMA, flood levels in existing building mechanical, plumbing, electrical, and energy codes imposing an additional and unprecedented bulk sizing restriction is unreasonable and unjust. I encourage you to reconsider this decision and give Malibu fire victims fair and timely paths back to our homes. Carl and then Arnold That'll conclude our in person. Good evening council members, and, uh, thank you, Tyler, and congratulations and uh I just want to thank Tyler and Yolanda because I would be nowhere near in the process to what I am today without them. So thank you guys both. Um so I'm a homeowner, the Randalls have been, been, been around for a stretch on the beach. Um, and, you know, I guess the bottom line is no more impediments. You know, I do believe item one, the way Tyler put it together is intended to be no more impediments to Janelle's point. I looked at FEMA +1 and thought, is that really my wall as well, which makes absolutely no sense whatsoever that that would go from 13 to 22. I don't think that's the intention. I don't think that's his design. I don't think that's what he's looking at there with that, that he, we, the walls would go up to the FEMA number. I can't fathom that. Um, no wave up rush, no SLR. It's in FEMA. It's already done. It's already there. Don't add to it. We looked at based on the added SLR in the wall, I had my structural engineers look at what that would, what would happen. So my wall my wood wall that I have had now since 1983, would become a 3 ft thick, 50 ft tall concrete wall with Sean piles. Conservatively 340 $500,000. I would like to just

get to a point and I think this was the idea is we would just repair the walls we have now. And did you to Janelle's point, with the caissons being not usable, I don't believe that. I believe there's other coastal engineers and structural engineers right now we're working in designing the repairs on the walls of our 40, um, with the existing caissons without adding them So I think about 1 ft taller with added whaler across the top. I know that's going on right now, so I believe the intention of number one was not to add any more impediments for us not to take it out any longer, um, also as well with that, my understanding from my architect, if we look at 2 or 3, it impacts the massing of my substructure in my house, and he's talking 40 to 50% increase in my substructure. That ain't cheap. Try to give us some options. Let us do it. We will do repairs on the seawall. I guarantee you that make it last at least the 4.5 years until the sewer comes. Maybe we don't need 40. So hoping you won't do that. Also, just going back just a moment, you guys, the regional board is dogmatic in the process. I took samples to Santa Barbara, 15 years ago, you already paid for a USGS independent study on the water. It's not there, so keep protecting these folks. Thank you guys. Arnold believe it or not, mine's brief. I have a question Please explain to me, Tyler. what is meant by the first sentence of 3. Uh, OK. Is that OK, Mayor? Yes, please. OK. Um so for habitable structures and garages, the lowest finished floor shall be determined by the FEMA flood plan regulations as stated in the MMC, with no additional sea level rise requirements. So, uh,

I think we did talk about this, Arnold, but the goal is not to, and we can rephrase this if it needs to be more clear, but the goal is not to add garages to meet FEMA. It was written broadly enough to whatever is required to meet FEMA. So if you design a garage in a way that is compliant with FEMA and it doesn't need to, it can break away and meet all those requirements, then that would still be allowed here. If it did not meet those requirements, and it may have to meet the uh BFE plus one. OK, I'm hung up in the English, as you know, um, OK, what the discussion is as follows. FEMA allows for certain structures below the BFE. They are garages storage, non-habitable spaces, and believe it or not, washes and dryers. If you read this as I read it and I'm dyslexic, it kind of gets around that definition, and that's my question. I don't have a point. Thank you. Thank you Um, that concludes in person, 2 hands I you remember? Danny Danny, are you there Hi, good evening, council and deputy City Manager for this wave action item. I know you want to vote for the option that keeps houses as low as possible. Now the question is which option is that? I believe it's option one if and only if, FEMA standards do not apply to septics and seawalls. The red line text there says as applicable. Can staff please clarify if FEMA applies to septics and seawalls. If it does, you're potentially pushing the septics and sea walls higher now, which will then force the houses higher, which is not what we want. So option one goes sour. If FEMA does apply to septics and seawalls, then option 3 is the best. If FEMA does not apply to

septics in sea walls, then option one is the best. Option 2 is the worst option in all cases to my eye. um that's it. Thank you Thank you Darren Darren, are you there Yes, good evening, counsel and Mayor. Um, I sent in an exhibit. I don't know if it's there's any way to get it up on the board. It's up. Could you go to page 6, please? OK, so this is a picture of the family property that burned down. Um, the yellow box is indicative of where the septic system. Can you go to the next page, please? This is a drawing and a picture of it from the beach. You go to the next page, please. This is the proposed like for like rebuild with the septic system staying where it is, 60 ft away from the mean high tide line. I would like to continue to, you know, demonstrate that not everybody needs a seawall, and if we need to put in a seawall, but we up brush study would be required. I understand that, but there should be an option to not have a wave up rush study because you don't need a seawall. Can you go to the next slide, please? So this shows what an AOWTS system would do to my family's property. It would destroy the beach, basically make it 25 ft narrower than it currently is, and then maybe you go to the next slide, please? I believe this should be talked about or maybe voted upon at a later date. Um, we, I think the city should waive the wave up pressure requirements, uh, on an as-needed basis considering there are 6 to 7 different scenarios for coastal properties south of PCH that are rebuilding, requiring that everybody get a wave up brush study is really just gonna slow down the um planning

verification and then building permit application process which I don't think anybody wants. Thank you. Thank you. OK, we're back up at the table let's go first I'll go. Ely, um, OK, so, oh man. Um well, I heard everybody, I guess my questions are to Tyler with number one did I hear that Karl's Wall will be 22 ft. Yeah, that wasn't the intent. Uh, it could probably be a little better written, um, it's just because it captures other accessory structures that may be as well, um, we can, we can write it better, but I think what I heard was the general consensus from the public is what what they would like is that um. you know, we're all agreeing that FEMA would, would be the threshold for the, the house, but that perhaps nothing, not even sea level rise, be a determinant for your seawalls and OWTS and that perhaps if you already have an existing seawall, that that's the preference to be used. Is that what I, that's what I got from the that's what I got from the public. So, if that's the case, we would just have to write it in such way if that's what the council approved tonight, but we can also discuss more in depth what that would look like. That was 11 of the 2 of the last speaker recommended, right? He wanted one of Langenet to put the other uh include the other items. All right, cool. OK, then I heard option one if FEMA applies to septics and seawalls. to Did you just answer that? What was the question? I'm sorry. No worries from Danny. Option one is only good unless FEMA is applied to

septics and seawalls. No, the, he said the opposite, I think, uh. Double checking. Yeah, so he said basically what we kind of just discussed, which was FEMA should only apply for the, the house, not nothing else. OK. Um, I've heard no wave up brush study unless it's case by case needed by case by case, I heard that. Um, no SLR I heard that. Um, Carmel, hm, stop moving the goal posts. I hear you. Um yeah. liquefaction waiver. Can you explain that to me a little bit more in depth? Is that something that could also be a case by case basis. If you feel that you need that, you go and opt for it, but it's not mandatory for everybody else. Yeah, those are geotechnical requirements and we're taking those one on one basis, uh. but it's not something blanketed. No, it's a standard that is utilized structurally. OK. Uh, let's see your Jennifer can we do now? Carl, um. so the intention for number one was not to add more impediments. No, we can, we can reword it. Uh, I think it's because I used specifically I was trying to keep some consistency, but I use the term seawall, but I, I threw an as applicable. We wanna get uh super technical, I can just, I can make a specific that certain structures will not be included, but I just wanted to let the council know what that essentially means is that. if we accept number one, then, um, there's gonna be basically no nothing that um is the determiner for uh a a seawall or a OWTS. There would just be whatever you got, you got. Yeah, OK. Um, that's it for now, for me. I think it's really dangerous for us to be doing this at 11 o'clock after

as many hours as we've been here. This stuff's really, I mean, I sat through the separate meeting on this and thought I understood it and now I think I don't understand it, but we're gonna do our best to get there. I completely agree with the concept as expressed by Danny that whatever option keeps everything the lowest. is the option we should be trying to figure out. So I, I, I, I doubt that anyone disagrees with that as the objective up here. um, I do have concerns to to. not to pile on but to say what people had said earlier. I do have concerns that Cotton Shires might want some things to be higher than is necessary under the law for safety reasons which I think they legitimately believe in. but which residents are willing to take their chances with. Uh, I could be wrong about that, but let me, let me just explain what I'm talking about. First of all, I heard Marissa say, and I don't know whether she's right or not. If I understood it correctly, she's saying FEMA doesn't even apply to the portions of the structures that are on the water. That's, that's completely different than anything I'd understood until she stated that. So I need clarification on that. I mean, does FEMA apply to a portion of a structure that is sitting on the ocean. We don't have rap here so we know how to answer that question, because if it doesn't, then we throw away FEMA plus one as a requirement. If it does, we're stuck with it. So I mean, I had been going along with the FEMA plus one, and I think the residents who were and the uh the um experts who were at that other meeting we had were all going on with FEMA plus one on the assumption or the understanding that FEMA applied. If FEMA doesn't apply to the structure at all, or at least to the portion of the structure on the water, that's a whole different conversation. My

understanding is that does apply, uh, so but again I'm not the uh FEMA representative, uh. so OK, well, I'm going to continue to assume it applies because that's the best information I have. Marissa's the only one saying otherwise. I would think based on what I'm hearing, the language we want is something to the effect that um nothing. needs to be built any higher. than whatever FEMA requires. So if FEMA doesn't apply to something, it doesn't need to be any specific height other than whatever safety requires as determined by the homeowner and their expert if FEMA does apply, it's whatever FEMA applies to. Arnold gave a list of things that FEMA doesn't apply to even as to the structure. So I mean, I would think that we want language to the effect that the base elevation for anything needs to be whatever FEMA says it needs to be, not 1 inch higher. I don't know what the words are that get you there, but I think that's what I'm hearing ought to be the rule now. The question I have though is, is that gonna cause a safety issue if we don't have, I mean, how is it going to be determined what height something does need to be and our the homeowner's then going to get into a battle with the geotech people on every build as to what safety requires in contrast to what our code requires. Am I making sense? people understand what I'm asking Uh, take a crack at it, I think it just comes down to constructability at that point because it's no longer how, how, how tall does your wall need to be? It's what materials do your wall need to be comprised of it and can it withstand the forces, uh, but that's just um. again constructability and not, not

so much the size of the wall, but it also goes to your, uh, coastal engineering reports and uh you may need to bring Janelle cause she's the one that has the most knowledge in the room right now on that. Is it, is it gonna result in Karl says, here's my plan for my house. I'm satisfied that it's safe. My engineer's satisfied that it's safe, and then someone from the city or a consultant for the city is gonna say, no, you're wrong, it needs to be higher, it needs to be thicker. We don't agree with your assessment and therefore you can't get this approved to build. Uh, you are correct, and um I wish that during the 6 hours meeting that we had with the Coastal engineers. We got this information but I guess you still have questions. and I'm not, I, I'm not an expert and I don't know how to answer that question for you. uh, the last thing I want to do is subject the residents to that battle of the experts that we hear about all the time on Big Rock. Um, I thought what we were coming in here with originally was we're gonna say FEMA plus one. That's it. You, you, you, it, it does apply. You're gonna build to it and if it turns out it's not safe. so be it. That's what you were, that's what you decide, but I, I'm just, I'm confused. I, I want a quick question. I'm confused too, but, so if the and just uh January 6th, their house was fine and safe. And it was just the fire that took it out. Why are we not just adopting exactly what they had on January 6th. Why are we complicating this further than it needs to be, because I lived on the beach, and I know I got, I, there's risks. I live with stairs that got washed away,

but why can't we just go back to January 6th, because we have federal regulations that we cannot, uh, cannot, uh, take away, so we do that is the FEMA regulations. So we do have those regulations. So just like other building code updates have applied from when their house was built. This is one of those things. The um the interpretation by the federal government is that the floodplain is now at. this level, yes, and so in order for the city to maintain the availability of flood insurance, not just for these property owners, but for all property owners in Malibu, any structure that's built needs to comply with that minimum standard That's what I heard in the geotech meeting because there was, it seemed like a FEMA representative was there or an ex FEMA representative. There was very clear that if somebody had said, oh, I don't, oh, I know who it was. Said, I don't need the insurance. It's only 250, and then there was a lot of backtracking, because that person would lose the insurance for everybody else, if you opt to this isn't just that. It's, it's also for the homeowner on Bonsall, who might be in a flood and then, yeah, I do not want to mess around. So I, I think what I'm hearing is if, if we set the elevation of the structure at FEMA plus one. then no one's gonna be able to argue it still needs to be higher than that. That, I mean that everyone can be safe to know that when they go forward with their plans at FEMA plus one for their elevation, for their base elevation. No one's gonna tell them from Cotton Shires or anywhere else, you need another foot or another 2 ft or another 3 ft. That's gonna be the only requirement they have. They can't go lower, but they're not gonna be required to go higher. They might choose to, but they can't

be required to. I think I understand that part. That is correct. Now, on the seawall, assume for the sake of argument FEMA doesn't establish the height the seawall has to be. Does, is there gonna be any situation where a homeowner's going to come and say, OK, here's my seawall design. It's, it's 15 ft and someone from the city, whether it's an employee or a consultant is gonna say no, that's not good enough, it's got to be higher. Well, yeah, that's what I was trying to explain before. I don't think it's going to be a height, um argument at that point. It's gonna be more of a materials and constructability, so it's gonna be like how, how good is your foundation for your current seawall? Is it adequate enough? Your seawall was built in the 1960s. I think you need to uh make a more robust foundation for your currency. So it's not that the seawall itself has to get higher, but perhaps if the coastal engineering report dictates, your seawall, your current seawall just is inadequate to to because it's, you know, 70 years old that you just have to replace and see well maybe like for like, but you still have to replace the seawall. So when I go back and I'm, I'm very precise with my words. You said you don't believe that's the case. Are you confident that's not the case, or is that just a generic belief that you, you still have to confirm. I feel like that's gonna happen uh on a case by case basis. Yeah. I mean, is there anyone that's gonna be conceivably told, no, your height that you selected with your expert is not good enough. Not if you decide tonight because you're basically eliminating the two factors that would dictate height or the one factor that would dictate height in this situation which would be sea level rise. So if you eliminate sea level rise, there should be no argument to uh additional height. OK, so, but Janelle, is that uh, is that fair? Well, what is your experience working with, sorry, I just think it's important. What is the um what

is your, uh, experience, um other than sea level rise or FEMA that would constitute additional height in a seawall. So pri prior to 2016, we didn't have to include sea level rise. It was not something that we did, um, may I ask you, Claire? Yes, clarifying on that. What was magic about 2016. It was the, um, state of California guidance for sea level rise. that got applied and was the guidance, not the, the adopted rules. It was, it was the guidance in 2016 and then 2018, I think they did another review and then 2022. Was that what it was? 2022 was when it was established that we were going to be using, but these are just guidance. These are just guidances. However, they're not a law. They're not a just a guidance. They're just guidance, but if we, if any of the uh coastal development permits or if any of these have coastal development permits, which I understand we are not, it's not happening now, but in every regular, regular, everyday, uh, projects that go to the Coast commission, and they will tell you that you need to apply a sea level rise to your analysis. So, so that's what I'm asking Janelle. So if we completely remove sea level rise from the equation in all aspects. Does anything else trigger additional height for the seawall. So, yes. Uh OK, so things that trigger additional height for the seawall uh uh are, are going to be your mean high tide line, where your mean high tide line is, and that is a, an elevation right now it's 4.5 NAVD and because we were in drought and because we don't have replenishment and because of all these things, that means high tide line. Everybody has noticed that there beaches have gone lower and lower and lower over the last 12 years. right? And the and the and the sand doesn't come back as much as

the sand used to come back, right? So what happens is, is as that mean high tide line creeps in towards the towards the street, your wave uprush also moves in towards the street, right? So things, for instance, are in the colony. We can take there's two walls in the colony, right? One that's buried and nobody ever sees and one that's 5 ft in front that everybody sees in the colony, um, over in uh, Dog Beach and all those areas. If you dig up, if you dig up behind their walls, there's another wall there and all the community wall that stretches, how many, how many people do you guys have? like 800 yes. OK. So, 50 people probably have another wall behind them that was probably only 6 ft tall with timber piles spaced at 4 to 5 to 6 ft on center, right? And the reason the new wall came in was because things like sea level rise happen and things like uh storms happen and things like that. So what ends up happening is when you do the analysis and your mean high tide line moves in, your, your, your, uh, wave uprush also moves closer to the ocean, depending on what your slope is, if the slope is very steep, you sea level rise goes much higher if your slope is not as steep. Your sea level rise goes, I'm not sorry, your uh wave up brush goes further towards the ocean. Right now, when I do all the wave up brushes, everybody's, uh, limit on their, uh, wave our brush is in the street, everybody. so Thank you yeah sorry, long answer. Thank you. How was helpful. Thank you so much. You want to go I. Am I the only one that's hopelessly confused. So I, I think, um, I think I'm not confused. Community development director and I think, uh, figure it out based on Janelle's statement, if you would like us to

reiterate, is that OK or would you like to see on there? Well, I was kind of going along the lines of maybe changing the wording to just in compliance with um FEMA flood regulations. and what and the structures that are applicable for that. Um, because as we know, non-habitable structures are not included. So is as septic system a habitable structure? No. Is a seawall a habitable structure? No, um, and other storage and things like that. So the only thing that's habitable is the house, so it would go to me that only the house is subject to the FEMA plus one, all the other structures would be designed, um applicable to the non-habitable heights. Um-hum. If I could maybe throw something in. I think the first sec first option. is on track and let me, let me read it back to you as I think you want, as I think. you're headed to it, and it satisfies me. says for all replacement beachfront beachfront structures, the lowest finished floor shall be determined by the Federal Emergency FEMA floodplain regulations as stated in MMC section and whatever with no additional sea level rise requirements. Then the part about accessory structures, uh, so on and so forth, I mean, built are not, and we need to add the phrase are not subject or. just take it out. It we don't, we just eliminate the, the non-habitable structures. You quit at basically the first sentence. and just put an exclusion in for the accessory,

uh. items that I think satisfies it. And by the way, for FEMA, you need to have FEMA for, uh, the community. It's a requirement for mortgage mortgage lending, so we don't have a choice about FEMA. It's got to be in there, but that's the minimum you get away with is FEMA. Just leave it at that. That's where I'm going. Yeah. So, how are you you dealing with how, how are you dealing with the access accessory structures dug. You leave it out. It says accessory structures. But you got to, I think you got to put something in there. I think otherwise. That's where I was going to go too. So it still leaves too much ambiguity ambiguity. You got somebody to come up with something, so may I, um, for me and the community development director Bundy, uh, I think, uh, quantified from what Janelle said is that essentially what you said, um, Conember Stewart was, we'll just keep the first sentence, I think it's written fine, uh, but then for the second sentence, basically seawalls and OWTS and whatever else will be dictated by the uh the recommendations from the applicants Coastal Engineer. period. Well. as the building official, are you going to sign off on whatever the building engineer for the client says is appropriate because I, I thought that was a concern. That is a concern, but it also under sea walls uh they are to be designed as for the local jurisdiction, um, the um definition on on the height of it, so it's, it's for up to you on what hard you want the the sea walls and height of it. I think we want to make it clear is on this item is that we are not. as for we're hearing from the council, the sea level rise should not be considered when designing this type of uh seawalls, but I also wanna make it clear when a Coastal engineer feels like, you know,

I, I am gonna recommend my homeowner that. uh for safety or for a more stringent regulations, they're going to put sea level rise on it. The city's not gonna prohibit R from doing that. I, I really like one of the thing you just said, which was that to say this in here is that sea level rise shall not be a requirement for anything, for shall be a requirement, full stop. That's in the first sentence. No, but No, it says, well, I, I would, I would just make it that explicit that there there shall be no sea level sea level rise analysis performed by the city as a requirement for the rebuild for any part of the rebuild. um the thing I just, I just wanna make sure we're on the same page. The last thing I think any of us want is 5 months from now, there are 50 disputes between homeowners seeking to rebuild and the city about anything about the about the the thickness, the materials, the height. How, how do we best make sure that what they come up with is their design. They know what they have to do and when they present it, it's going to be accepted. because you sign of seawalls are defined on ASCE, um, let me look at the number and then we have also FEMA standards. So you're not, you're not. you're not disregarding the standards for which a sea wall needs to be designed. There's still those structural standards apply. What is being decided this evening is on the height of it, and what uh requirements we, we wanna apply to the right. There's usually a sea level rise that is required when this type of situations. So and but

all of the other standards when designing a wall, the structural standards, the flooding standards all of those are standards that we cannot get away with. And do you foresee that there are going to be multiple disputes between the professionals working for the homeowners and the city over those over what those standards compel with respect to the various other factors. Do I foresee there's gonna be any problems? Yeah, I mean it's 322 properties. I'm not gonna say we're not gonna have any problems, right? Yeah, I'm just, I I'm I'm just, I I'm, I, I'm sorry to interrupt. Go ahead. So, I mean, I think what people need to remember the city's responsibility is the minimum code standards. OK? There's a minimum code standard that every house is built to. When a homeowner works with your design professionals, your design professional may want to build better than that, or propose to do better than that. The city's responsibility is to make sure you meet the minimum code standard. So it's really, really important that homeowners discuss with their design professional. What it is that you want your house designed to? Do you want it designed to the minimum code standard, or do you want to improve upon that. The minimum code standard, you know, you're still going to get home hardening, you're still going to get a safe home because we have incredibly high building code requirements here in California. Um, but you can design beyond that and oftentimes designers and structural engineers and others will recommend that, so you have to have a conversation and go into it and, and develop that with your team as to what you want. But, but I don't think that's the issue. The issue is, I'm, I'm hearing this

with respect to Big Rock left and right. It's, it's that. one professional will say this satisfies the minimum standard. Here's our plan. We want to go forward and the city's consultant will say no, you're wrong. That does not satisfy the minimum standard, and it, it boggles my mind because this is supposed to be science, that they have different views of what the right answer is for satisfying the minimum standard, but they do. And I'm just, I'm foreseeing this is gonna happen. Big rock's going to happen all over the beach. It's gonna be instead of disputes about the um ge o te ch n ical issues on the land, it's going to be disputes about the safety of the wall, whether it's strong enough, whether it's made with the right materials. The expert's gonna have one view. and the city's gonna have a more stringent view, and they're both going to be applying the same standard because the standard isn't specific. Um, OK, so let's just go back, um, we're not when we're talking about a standards on the type of materials, those are already dictated by the building code, so this is not they it can be built out of concrete, it can be built out of temper. So those are not un discussion right now. The ways designed, what type of forces apply to the design of the wall is not under discussion either. Do already said structural standards at every structural engineer must follow from the foundation systems to the wall. We're where where it's being proposed here and what we're discussing is the city council would like to ask sea level rise to those sea walls, that is, that is what is being talked about so there's there's clear understanding from the structural engineers and the coastal engineers on what is needed for the design of the of the so all we're doing is saying no sea level rise necessity that's, that's what

you that's why we're asking today. That's great. That that's part that's option one, I think Tyler's language for the second sentence is appropriate, and to go back to Yolanda's statement, you just said ASA in a building code. The standards are there for how it's supposed to be constructed. The only question is how high is it gonna be? And minimum height is gonna be the FEMA in option one. That's it. And that's for only for the building. not, not the accessory structures. So I think we've got it if we follow what uh Tyler's got. Well, I'd also, I'd like to find out before we set this in stone whether Marissa's right that even the structure doesn't need to be FEMA + 1 if it's on the ocean. We need rub that. It's got a, it has to touch the land somewhere He's the floodplainning manager. Right. Well, what I can say, yeah, but maybe the part that touches land needs to be FEMA plus one, but the part that doesn't, doesn't. We won't. I'm clear on it. The floodplain manager and the FEMA representative at the meeting we attended was very clear that it applies to this and that it applies to the house being built back, has to meet the minimum flood management level, which is the FEMA plus one. So, um I mean, I think that the, the, the language in the second sentence does need to be cleaned up to make it clear that minimum FEMA requirements as applicable. that the on-site wastewater treatment and the sea level and the sea walls are non-habitable structures. So I think that needs to be, you know clarified that non-habitable structures are not required to meet the FEMA, you know, that FEMA plus one applies to habitable

structures only and not I don't know if it's that clean cause um if garages or which are non-habitable aren't designed in a certain way. They, they also have to be subject to FEMA. So we'll work on what does the FEMA rule say for those structures? Yeah, that's what I'm saying. So it's not just garages can be garages is a non-habitable structure, but it just not any garage can be under FEMA. You have to design your garage a certain way. It has to be had break a wall, break away walls and such, uh, to, to meet that requirement. So it's not just as simple as saying habitable versus non-habitable, but I understand what the premise is and we can come back with something that, uh, basically you're just saying that the, the house has is subject to FEMA, and you know, and layman's terms, we're not gonna actually write this, but we'll get it more clear. The House is subject to FEMA and everything else is subject to the coastal engineering report. If I could, uh, With the sea level rise requirements. Let's move on to, uh, get an approval for issue number 4 and bring back issue number 10 with those that adjustment uh for the next meeting. Are we able to put language in for number 10, Tyler, or do we need to bring this back? We, we should bring it back. How do we not bring it back? How do we just, we just can't. Tonight. OK. I, I think, look, it's a loving women held almost 12 o'clock, so I think giving Tyler a chance to go back and think about what it's the right thing to do. Otherwise we're gonna put something together that may come back and bite us later on, so. And we can just bring it back at the next meeting, you know, next week, but, but let me make clear, so these are interpretations that, so by the city, by the city council making it clear right here and now, can you start implementing these interpretations. You don't need to So, so. That's correct. These are planning policies. So if the direction for the council is clear, you can start implementing them even though they haven't been formally adopted by the council. Right. There's a minor risk

that you would change your mind when they come back, but I think that direction is clear from the council at this point, so it could be implemented now. OK. I, I've got a, a, a change I wanna suggest for number 4. 4, the one that we're gonna approve, it's words that I think we need to put in, um, on number 4, and this is basically I, I, this is a version of what I drafted and provided to Yolanda. um, and I won the 3rd exception, the very last one, the Romanette 3. I thought that this was only with respect to um structures that were erected after Cityhood. um, and the way it's written, it would be any structure would need a building permit for something, so I, I, I thought we were gonna limit this to um. for every Romanette 3 should say for every structure erected after the incorporation of the city of Malibu, the structure has a building permit issued by the city of Malibu. That allows blah blah blah If it, if it's from the county, there may be no way to know whether there was or wasn't a permit. Uh, we didn't fall under the earlier part under number 2, if it was before the city hood. Well, it has except structures located on a beach, coastal bluff. Um, I just, I thought that that was limited to after the city. If, if, if you, if you believe it's satis it's that it's covered by what's already there, then I'll withdraw that, but I don't think it is. I also think it's a rare exception. All right. Well, then I'll, I'll withdraw that I'll make a motion to approve number 4. OK I'll second. All in favor? Approve 4

and bring back 10. Correct. And, but it's applicable for homeowners to proceed with it. with the caveat that it's entirely possible that when it comes back before the city council, we may change our minds. And Mayor, the motion on the floor, I believe, is to just approve, um, the policy for option issue number 4 and to bring back issue number 10, but does the council want to approve the other policy items in the total policy we've done that previously. You can confirm if you want to approve all policies except number 10, which will return for the guidance of the so the maker of the motion, do you amend your and the seconder. Steve, was that you? No. Bruce, was that you? I seconded it. I think we already approved all the other ones. I thought so too. I don't know why we're doing. Let's just make staff happy. They want an affirmative of that. All in favor? Bye. Any your post? I just need to know what exactly we're voting on, sorry. The whole packet except at number 10, you're approval. OK. yeah. I, OK, so unanimous. OK, um, is there a motion to either do 6B or to adjourn. I'd like to go for 6B. Let's get it out of the way. We need 4 votes to support going forward. I'm, I'm not supporting this one. They sat here. I think they're still here, right? It's up to you, yes or no, where you are, do we need you, I mean, if we approve it tonight or approve the next meeting, make a difference in when they get their money. It sucks, Speaker. Mayor, Councilor Murphy you could just speak on Mike if we're deliberating. His question was, um, is this gonna if we approve it tonight or we approve it next meeting is to make a

difference when they get their money. In the case of one of the requesting parties, it does have a big impact on their. uh financial planning for the for the year. I'm thinking of the Malibu Education Foundation. um, they have a pretty substantial ask in front of the council. and the sooner they have clarity, the sooner they can either make alternative plans or use, uh, I think there's OK, you get 2 votes to get to give them the $300,000 already. I'm willing to make that third vote, OK? But I would like to some things I'd like to talk about. And so I'd like to bring it back and be able to do that. My concern is we're gonna have, uh, uh, we might have a lengthy discussion about the urgent care. Yeah, I agree. That's, well, that's one of the things I want to talk about. OK, then I'm a know also, so let's just bring this back. on the next, uh, meeting. OK I think the first item up if we can. If the council would like me to reorder the agenda to hear your sections in a different order. I would, I would need that direction from the body. So I, do we have a motion to hear item 6B when it comes back before 4. item 44A general public comment. So after 6:30, but before public comment. Yes and just that's the consensus of the body to have me post an agenda in such a manner. Helen, we need you to weigh in on that.

Yes, please. Thank you. OK, then we're adjourned.