City Council - Special Meeting

Are we ready to begin? Ladies? please. thank you right, the October 15th, 2025 special meeting in 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 in zoom when the item you wish to speak on is called, May we please have a roll call? Councilmember Conrad is participating via teleconference. Councilor Conrad, can you confirm your attendance? I'm here. Councilor Stewart, Councilmember Ewing here. Mayor Protem Silverstein. I'm here. Mayor Riggins, here you have a quorum. Thank you. Um, let's see. Do we have any remote speakers on the closed session item? Do we have any in-person speakers on the closed session. Yes, we have one speaker slip coming your way, and we will have a remote speaker as well. And council member Conrad, are there any speakers in your location? There are not. OK. So Joe Drummond. I'm, I'm sorry, Joe, let us turn the mic on for you. Thank you. Good evening council members. Malibu needs strong experienced leadership right now, not more consultants, not more excuses, real management, and the hard truth is this, no one qualified wants to be city

manager of Malibu right now. The city has become so dysfunctional, so tangled in bureaucracy consultants and politics that anyone with experience runs the other way, except one person, Glenn Viscera. Glenn isn't coming here for personal gain or prestige. He's coming because he believes in public service and purpose. He spent 20 years with the city of Simi Valley, including years on city council, where he earned a reputation for confidence, transparency, and results. He could have easily stayed there, respected, re-elected, and comfortable, but chosen said to make a difference where it's needed most. That's what leadership looks like, because right now, Malibu isn't being managed, it's being manipulated. What's happening tonight, avoiding or limiting public comment is simply heinous. Malibu is built on civic participation. Silencing residents isn't governance, it's control. The cloak and dagger behavior we're seeing tonight could never happen under Glen Beserra's leadership. He believes in sunlight, not shadows. Meanwhile, millions of public dollars are flowing to consultants like Cotton Shires who are slowing, not speeding, our rebuilds. In July alone, they built $85,000 just for consulting, not for technical work, not and but to tell residents they need more tests, more studies, and more time. When all 162 rebuilds are under review, that number will explode to over half a million dollars a month. Money that should be helping families not rebuild their homes. Only 40% of Woolsey homes have been rebuilt after 7 years. Less than 2% 2% of palisades's rebui have permits, even with the 4th 1 today, that's still less than 2% compared to 42% in Los Angeles. And when residents bring forward smart science-based solutions, they're ignored or punished. Just look at Abe Roy, our former rebuild ambassador, the only real voice for fire victims inside City Hall. He worked tirelessly to create faster, fairer rebuilds and was removed for it. Glen Bessera would never have done that. He values resident input, encourages collaboration and gets results, and he brings something else, Malibu urgently needs, connections and competence with his long-standing relationships at

Southern California Edison, Glenn can help stop unnecessary PSPS shutdowns, and finally accelerate full undergrounding of our power lines, making Malibu safer, stronger, and more resilience against future disasters. He understands that protecting Malibu's borders, both physical and civic, means managing energy, water, brush clearance, and truss together. That's what capable leadership looks like. So let's be honest, no one else even qualified wants the job. It's too hard, too messy, too political, but Glenn does. He's willing to step into the chaos, fix it, and restore Malibu's faith in its own government, pleased at the very least, interviewed Glenn Marcera, give Malibu the leader it deserves, someone who listens, acts, and protects. Thank you. have Do we have any other public speakers? Did one raised hand online, uh, and. OK. Ann, go ahead Hello, Bear, do you hear me? Yes. Sorry, I'm not there in person. I don't quite have the spirit to be there, so, but thank you for this opportunity. I sent you all an email on the uh the uh Santa Monica Malibu Unified School District and hopefully you guys can find that information useful. So, uh, the other thing is continue to do a good job because I'm headed to Sacramento to do a big job and I appreciate you guys taking the time to do your job. Thank you. Thank you. That concludes public comment for items for the closed session, OK, uh, we will now recess to close session to discuss the items listed on the closed session agenda. We will reconvene at 6:30 to begin regular session

and hear the closed session

before. Kelsey, can you hear me

Bris Hale Oh. OK, so the October 15, 2025 special meeting in Malibu City Council is now called to order. In-person participants who we 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 in zoom when the item you wish to speak on is called. May we please have a roll call? Councilor Conrad. He, Councilor Stuart, Councilor Marine Mayor Proton Silverstein, Mayor Riggins, here, you have a quorum with counciler Conrad appearing via teleconference. OK, we'll do the Pledge of Allegiance. Please stand. hand over your heart, and begin. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God indivisible with liberty and justice for all. May we please have a closed session report. Yes, it's 6 o'clock p.m. The city council met an open session, then recessed to closed session from the items listed on the posted agenda. All 5 council members were present with the council member uh Conrad remotely and no reportable action was taken. Thank you. Uh, may we please have a report on the posting of the agenda. The agenda for this meeting was properly posted on October 14, 2025. May we please have an approval of the agenda. Move to approve I'd like to propose that we switch items 3A and 3B in order because Doug is gonna be disqualified, at least from part, if not all of 3 B, and he might as well be able to go home when we're done and these. If we're done, when we're done 3A, if that's the case. I, I appreciate that, Bruce. Uh, I would also agree with the second, but I would uh

like to make a comment that uh when we have the full council meeting, I'd want to adjourn that meeting in memory of Barry Haldeman. But not tonight as a special session. OK. OK. So we're gonna do B before A. If that's agreeable to everybody. OK Uh yeah, we have a motion in a second. So Councilor Marin, you accept that amendment to Mayor Prote Silverstein. You were the 2nd. I do, yes. Yes. Are you ready for a roll call vote? Yes, please. Councilor Bing. Mayor Proton Silverstein, Councilor Conrad. Yes, Councilor Stewart, Mayor Riggins, motion carries. OK. Now we're on to the consent calendar. Uh, oh, did we Yeah, uh, remote participants, please raise your hand and zoom if you would like to speak on the consent calendar. Do we have any We don't have any in-person speakers still to the consent calendar, and we don't have any raised hands on Zoom. OK. And Councillor Conrad, do you have any speakers at the teleconference location? I do not. OK, does anybody want to pull anything up? But, uh, number 6. Number 6. Just for a question. OK. Do you want a staff report or. No. OK. I'm going to have to recuse myself on number 5, even it's uh the farthest point of my property is 700 ft away from this and plenty of caution, I'll, uh, recuse myself on that item. OK So, um, item 6 Steve. Yeah, just a question. I mean, this, this is gonna cost us some money to go to to do this. Are we are are we collecting all this money we're spending to get this done? I mean this is these are basically people who said I'm, I'm, I'm not gonna pay attention to what you say.

So we're gonna have to go after him. I just wanna make sure that we're recouping whatever costs we got to do to chase these guys down. Good evening council member. Um, you're in, um, so debris removal, there's only two properties that are left to be cleaned up. Oh, good. Um, what we, the intent of this report and proposition as to go through the abatement process. I go to court, put the property in a payment, then we can, um, work, uh, with the county, the county right now is has a company that is cleaning those parcels that haven't been in compliance. Uh, the, uh, funding will be recuperated from the property owner. so the city will not have to pay for this. Do we recoup our costs for going to court and all that stuff. Cool. Um, that's all I need. Thank you very much. Thank you. I'll move to, I'll move to approve item 3B6. OK. Um, well, we haven't approved the rest of the consent calendar yet. So, um, council member Conrad, did you want to pull anything? I did not. OK. I'll move to approve the entire consent calendar. I recognize that Doug will be um recusing himself on 5. OK, a second. I. I do have, sorry, everybody, um, I donate to Malvi Urgent Care. I don't know if that's a conflict, but I am going to sing it loud and sing it proud. That's later. It's not in this year. Got you. I'll meet you. OK. So can we have a roll call vote on the consent calendar, please. Yes, we'll do a roll call vote and Councilorver Stewart can note his abstention from item 1B5. Mayor Proim Silverstein. Mayor Riggins, Councilor Conrad. Yes. Councilor Stewart, yes, with a

recusal on item number 5. Counturing motion carries. OK So now we are to. Where is it? 2A? Oh, no, we're doing 3 I'm all out of it. It would be to a next followed by 3B, followed by 3A. Thank you, Kelsey So we have a presentation by the Community Development Director. Yes Good evening, counsel. Um, and thank you for the time, uh just to provide you with an update on, on what we're doing on the fire reveal process. We also got a few questions, uh, they came, we received this past week and a half and so we want to give an answer to those questions also addressing those answers, uh, questions, and then, uh, provide you with what is that we're doing with the our processes for fire rebels. So we will start. One of the first questions is, uh, and I'm just gonna read that question in response, uh, provide you the council a response. The question reads, streamline administrative procedures by reducing steps by 50%, particularly those such as of the current payment systems that do not contribute to building a safety or add unnecessary cost and time. The, uh, to streamline the administrative process. Yes, we are understood that there were many too many steps in order to have a application coming in. Um, this was implemented at the beginning of September, uh, eliminating additional steps and that and that was not necessary, um, there was an intake that it was requested to go through the development portal that we eliminated, uh, then we, then the applicant

would receive permission to upload. We eliminated that. Uh, next slice We also have revised, um, where in the process of implementing this in the next week is the revision of uh of the application process for planning and building plan check that will eliminate additional steps. It will allow the applicant to upload the documents in one transition. Uh, we are, um, working, um, so this can be implemented next week? uh, next slice. The other item that we have taking care or our uh have been revised and to eliminate more steps for our families is the uh planning reduction of application materials. We heard from our families. There were a lot of requests for from the city to uh for letters of authorizations for ownership documents, um, when we, the city had previously all the information. Listening to the community and to the homeowners, uh, we have eliminated numerous documents as part of the intake process, further streamlining the process. Next slide we have also simplified the um the building Plan check process. As soon as you have the app, the homo home families have a uh planning approval staff is proactively determining your uh the building permit plan check package directly on online so they don't need to. There's not another need to submit another applications. So, uh, the the counter technicians at the rebuild center are proactively creating this applications uh through the building process, making a significant change in

what we normally do a normal, a normal operations. Uh, everything also is now going through a one step, uh, portal. eliminating uh delays. Another item in which how we have implemented is that we created uh Planche intake screening checklist. This uh intake checklist, it kind of sets that roadmap for the families on what is necessary uh in submitting to building a safety. These uh benefits staffed by creating consistency and what we're asking, by giving the families a clear road a road map and how to move forward. and uh also avoiding delays. This a new plan check intake checklist is given after the applicant gets is going through the planning review. So in anticipation of them coming through the building and safety, uh, it gives you the checklist. This checklist includes like you're gonna need a side plan, you're gonna need an architectural plan. You're gonna need a, a, a structural, so it details exactly uh the minimum requirements for the building code, and it's easier to follow The next question that came to us was strengthen implant check engineer capabilities to reduce reliance on external consultants. for a like for like and like for like plus 10 plan checks include explore excluding um exploring shared resources from other jurisdictions. Our in-house plant check engineers are fully equipped to review the plans we have in-house and on site in person flight check engineers

at the rebull center. These uh help with the uh rebuild. They have uh this stuff that is helping with this task is the staff that has the experience the expertise that have done this before. Ah, they are consistent cons constantly coordinating with other with other staff, with myself, with uh we we really are getting to a point where we have a very cohesive team that is talking to each other, so there's consistent on the messaging that we are providing to all the families. We have also implemented a 10 day Planche review for the first set of corrections, uh, this is through the building and safety. Recently, um, and also learning from, from what we're hearing from the community, we implemented a um an email that that gives the uh information not only to the um to to the design professionals but also the homeowners on a progress emails at the 5 and 3 day checkpoints. Let's say you summer on day one and we are supposed to be returning and uh 1010 working days at the 5 working day, the homeowner is receiving the notice, hey, uh, we are continue working on your, on your review and at the 3 day you're, uh, it gives you another prompt, another email, automatically it's not manually, it's automatically by the system. This will this is keeping everybody in the loop and on the progress of their planned check. As far as your rebuild task force and the people that are serving the community that the reve center. You have 10 dedicated city

staff members, 35 in-person consulting staff. dedicated only to rebuild. It's important to note that they are this all of these members are full time uh servant and person. As far as the engineers and the expertise of the engineers, uh, in person, uh, we have Andre Chechan, our senior, um plant tech engineer uh Marin Glenn and Scott, are very familiar with the process and the pro and and how to move projects forward. The rebuil staff continued to meet with design professionals and also rebuild homeowners and daily and weekly basis. i this week, um, I'm gonna be starting going to that rebuild center for in the morning every Friday, this uh on Friday have already 6 meetings with 6 different families. um, and. it's not for for me to take over but to train the staff on how to make decisions and move forward expeditiously. I am the person that at this time has the more knowledge, the one more experience and rebuilds on building a safety, so just mentoring the staff and moving things forward. We also heard uh from the community. um #3, assign a city champion for each rebel one's planning approval is secured to provide consistency support, advocacy and problem solution, that is a request number 3. The city has secure an emergency case manager for each of the fire rebel homeowners once imp

planning approval. This person is gonna start Monday. Um, it is a contract services that uh was working, uh, that has worked and the Maui fires, Sonoma County fires, and Santa Cruz mud slice. So we are getting a uh a group of people, not only one, that has those expertise, so we anticipate that this new person's, uh, a new staff that are coming on board will simply start coordination and approvals, uh, moving forward and keeping the uh homeowners communicated and involved or what is the status of plants? Why is it taking so long? What are the type of corrections that they get. It also alleviate the number of phone calls that we get and the homeowners can feel that they have a direct access to where the project is. Um, I met with the company that, uh, is providing this emergency case managers. I have vetted there uh um. their resumes, so I feel comfortable, uh, I'll be uh. uh, sharing our processes this Friday with uh some of them, so, um, we will continue keeping an eye and see if this makes a a a difference in how we move forward. The other item that was suggested is, um, C, look at regional collaboration and other resources on on how do we can be doing best better at our rivals. So, uh, the city, um, we have, uh, we have our regional partners and with the county and the city of LA, we have that we are going through the same experience. What we have learned is that the county of LA has a great website in which they also provide

different resources that we are not right now sharing. So one of the things is educational videos and other guidance tools that we can be using from them uh, some of the guidance tools that I that I see that I could be of a benefit for the community is uh an example, how to select an architect. Uh, there's videos on contractors selections, guidance, permitting, uh, checklist, um, there's another video on how to use manufacture a home resources, so by gathering and providing this information and videos our community is able to explore other options as they're going to rebuild. So we will be expanding the information that is on our website, uh, and we will be adding to it as we continue working with the families. Another item that we did to, um, expedite and this and help with the streamlining. We created different templates, uh, architectural templates, uh, with notes uh that can help the that can help the the avoid the number of corrections that we're seeing through the Planche reviews on the 1st and 2nd reviews, uh I I'm anticipated that our number of corrections that we were given at the beginning are gonna be taken care of by all of these templates, the templates are actually co uh code sections, um, that, that are required notes on the plans, so that has also been added and facilitated to the design professionals and share with the rebuild ambassador now with all of our own capitans, um. next slice eliminate the requirements for new geotechnical reports for house on flat paths where that design team determines that

it's unnecessary or supported by the data. Um your technical cost and engineer and environmental health, uh, staffing updates, um. currently I am conducting interviews for a new Coto, a new geotechnical, a new environmental health firm that will be coming over to help us out with that uh fire rebels, um, most likely I will be bringing new contracts to cancel in November as after I do the selection of this, of this new company, there will be a transition period and uh with within the the current company. to the new company I'm not only looking to bring just one solely one company, but possibly two companies so we can have uh a, if there is an overflow, we have the capacity to continue being on time on our reviews. Currently we're not being on time on our reviews, so it is for me an urgency that we get somebody in here, uh, to, to take that on. um as far as the requirements for geotechnical still by the building code, we will explore our other alternatives as soon as we get another companies and um I was honored with the with the American Society of Civil Engineers at national level and uh and ethics and leadership award. And what I'm sharing this with you is that I was able to get contacts with the uh, different organizations that do your technical reviews at a different level. So I am consulting with them, um, and see what other things we can provide for our community

knowing that this is a good requirements, but we, I wanna exhaust every avenue and researching and bringing um to council solutions, but as of right now, did your technical uh requirements are for the building code, and those are the your minimal requirements. That it doesn't say that we're not contemplated other alternatives, but as of right now that's that's the response that I can give you honest and and just transparent respond that I have for all of you. The um number 5 consolidate corrections into a single review to minimize uh delays with the strict adherence to what is the uh to the state timelines that is the that is the request. Uh, since the beginning of the of of this rebuilt, uh, the city has a three-step process that was implemented uh through the pre-planning application and then as soon as you receive your planning application that is required reviews that are mandatory under our state and local uh ordinance that was not, um, that they were not, uh. exempt from the governor's office, and we're talking about environmental health, geology, our coastal Fire Department Public works, and our building and safety items. The way it's working right now, um, when a plan comes in, is distributed to all of the reviewers, uh, for them to review and provide corrections. of the counter technician then receives the corrections and then it's mellow and it's email out to the design professionals and the homeowners. with now having

a case manager that is coming on board this will be a lot easier and will create quality control on the way we're doing our corrections being all in one package, so I'm hoping that this uh at the addition of the case managers, it's gonna create a better system in which all of corrections will be going out at the same time avoiding any delays. And the same thing for rest of meadows. Um, number 6, simplify fire rebuild's MEP mechanical electrical and plumbing, and sprinkler permits by making MEP optional, eliminating the need to for a separate permit for outdoor sprinklers and deferring in their fire sprinkles permit in collaboration of Los Angeles County. The indoor fire sprinklers. It is a separate submeto that is submitted directly to the fire department, uh, the city does not have any jurisdiction over those, so that's nothing that as a city we can do differently. Um, as far as the MEP, um, we heard that community, the uh what we currently had is that if you are rebuilding a home uh that is 3000 square feet on horrible, um. space separate sheets for your plumbing, electrical and mechanical need to be submitted for that review. We heard a lot from changed? Can you uh flex it up? The reason why we had it that way is that we were trying to avoid delays during construction. If we don't get a complete set of plumbing mechanic and electrical, then

we're see those uh at the time of of construction, which the inspector might need to tell the uh contractor you need to stop, uh, you have a, uh, you have a system that you need to go through the city, and as far as your the electrical penetrations and um, but we are hearing from that community the new uh require in um update that we have provided and also shared with the fire captains last week. It was the half the electrical plumbing mechanical uh requirements only be uh for 5000 square feet of total area, um, that's uh submitted, uh, they needed to to me for mechanical electrical plumbing. We also put a few, um, um, exemptions like if they have a commercial property that will not qualify if there is a duplex or multifamily properties is not qualified. If you have a single family residence with ADUs or other guest house, uh, so I think it' good compromise. Um, it is, um. and of those families are still wanna provide their MEP or those design professionals that still one advise their homeowners to provide the MVP will review it, um, and so with that, that answered the six questions that we have received, um, uh, to address, but I wanna continue talking to you about uh, what are we doing and where are we currently? Um, there's also was on feedback that we got from our uh son captains. We be before, if you remember, we used to have a number of uh people that have visited that rebel center. We decided, you know, that is really um not a

critical information, um, what critical for us is now how many permits have we issue, uh, so we have 1 and um 7, planning entitlements, approvals, uh, from all types. We also noticed that in comparison to other dashboards such as the city of LA and the county of LA, they are uh gathering all of the permits on the uh uh re uh burn area as one. Uh, so as a city I can tell you, uh, we have issued 333 building permits that constitute your damaged, your repaired, your debris removal and other structures. So that's the total that you have as part of this incident, the number of building permits that we have issued, your city has issue, um, and that dashboard we also continue sharing with you projects are under planning review, how many appro val s how many building plan check reviews we have. We have 21, uh, projects that come in, um, and our dashboard currently has 3, but this morning we issued 2 that are in process of just getting the final signatures from the contractors, so I'm hoping that tomorrow morning you will see that change to 5 this Friday, I anticipate to issue 2 more, so that will give us to 7, and I feel that with all of this efforts and and and concentration and bringing what is needed to streamline and get those permits up to what we need to be. We are gonna continue making a force and a big effort. The commitment you have it from me, uh every Friday I will be there, uh, we will be continued training staff and so everybody doesn't need to wait for me. It it it

can be solely a whole system that is working in and out, having the uh So capitans that are coming in every week. It has been extremely, uh, and,, and, and, and our rebuild ambassador, a lot of what, um, these questions are, uh, as I am partnership with the rebuild Ambassador, Abe Roy, which I want to thank for all of his time and efforts, and that continuation and that transition to the song capitans. Next slice. uh, at the beginning of this presentation, I also mentioned the dashboards that that each county has, um, right now I'm ' Incorporated Palisade rebuild dashboard which showed that they have a similar number of destroyed uh properties damage and destroyed. They have 663, uh. their um, their dashboard shows a more comparison to the number of rebuilds that they have approved. They have approved 7. We feel that the county of LA incorporated area has almost the same terrain, except that we have a little more complexity because we lost those 320 parcels on beachfront, so I think we are part and part uh with county keeping an eye on what they're doing different or how we can learn from each other, that those efforts continue to happen. Next slide. Um, again, it's just show us of October 15th they have issued seven, a new residential permits. Next slies um, thanks to that rebuild ambassador, uh, Aro, the creation of the song Capitan's areas was established as a great milestone for a rebuild process. uh, that some captains serve as a bridge

between the city and the community, ensuring that we are collectively getting their feedback and lessening on what we need to do better. Uh, so, uh, uh, in, in every sense for a streamlined process. This has been a wonderful partnership that we're navigating hand in hand this afternoon we had a community gathering and it was um. to have the Cabinets being here coming in uh in front, um, giving their testimony on on what they're doing and how they can help the community. Uh, currently, uh, we had uh held already several meetings with the uh Sun Capitans and there are at the upcoming uh for the following week, so we're doing that weekly. Um, that, uh, to this meeting, not only the fire captains are reveal task is attending our city mayor, uh, sometimes attends. Uh, we also have some of our council members that have attended our city manager that also a attend our deputy, there's some time at 10 and uh and the staff that is involved on the day in and day out of of the process from uh Tyler Andre, Alex, I mean, everybody that is involved, um, has been part of this of this meetings. Next slide. More in depth, uh, we have spent time now with meeting with the families on those residential zone areas, the first one that we are making uh. uh, ah. we're focusing right now and, and, and spending a little more time has been with Las Flores beach property owners, Carol Rado is

the captain for that area. He was able to organize and bring 15 families we have met here this afternoon, we met at 12 o'clock from 12 to 2 o'clock, uh, discussing septic systems, sea walls, uh, sea level rise, storm preparedness but more than that, it was I think it was for me that first meeting was more. really hearing from from each one of the families. um, not only about rebuild but about how their lives are going. And every body is. is having a hard time and and it was good for them to have an outlet to express where their emotions are at this time, where the challenges are at the same time, and for me to be more human about how we're going through this. Um, so sorry. I can guarantee we're gonna get through this. But with that, um I need to say that our design professionals. I need to recognize a great effort that they're doing, but without them we cannot do this. They, they are a big part of everything that we need to do for this, for the families. and without them. we need their help, uh, so we also have been making great progress on meeting with them, listening from them, um, learning what they need, they, they need from us as a city. They are, for me, the conduit of communication between the

city and the families as they are sitting with the families learning what they want, what how they ambitioned their life, how they envisioned their dream home, so. very grateful to count with so many great professionals that at the time they're dedicating their time to not only rebuild a home or or or provide plans for the city or compliance for the city, but giving hope to a lot of our families and this recovery effort. So we will continue. working with our design professionals and my intent is that monthly meetings, but also emails and communications in a way that we have a more as a ban that is more strengthened and and togetherness. As far as community sessions, we have held several and many. but I think in this past two months, um. and the one that we just did in August and in October 15. having the perspective and the testimonies of wealthy families that are coming back and giving insight. on their on what they went through on that rebuild process that they went through on their real and honest feedback on how they felt about it. I mean, it gets pretty emotional seeing them after 7 years, still very much a front of what they're living and they're thankful for everything, but there's frustration and, and, and that sometimes it's disappointment and and for for me as your city staff and for your staff is continue listening and really lessening and and and try to avoid those errors and those challenges

that this families went through. Fee waiver program, we wanna make, um, we have made great strides on the fee waiver program. Patricia Salazar really has taken the lead at creating the group that is uh processing all of these applications. So far we have 55 of the families that will benefit by the decision the council did on waiving the fees to those primary residents, um, uh, that they lost their home, which is one remind for everybody that is watching, you know, they're here, the fee waiver is also available for not only destroy but properties that have uh that have damage within the fire rebuild area? Um, we invite everybody to continue submitting their application. We have our own, um, person that is helping uh with the affidavits and so, uh, alleviating the time. that people need to wait for that next slice. The rivermo that's one of the first items that I talked to you this afternoon and I on the first item I'm on consent. Two properties remain unclear. This has been such a success and I, I wanna go back that with that Army Corps or engineers, we will not be able to do this major effort. Uh, Colonel saucer really was the the champion and the one that put Malibu as the first to start getting that debris removal and prioritize as the first area to start, especially on the uh on the beach from properties. Next slice to provide to you is I will see uh

fires statistics, 465 homes were destroyed.were destroyed. billed completely built and given certificate of occupancy. But I wanna really highlight this, 81% of the total parcels are being rebuilt or have been rebuilt and I know it has been a long time, but I feel that with those 81%. there's only 19% of those parcels that either are beans that were sold or they haven't come in to get a permit. Um but a year ago, prior to this fire, uh Council asked us what are we doing about our Wy fire. We started contacting and we have a list of homeowners and new property owners, uh, that have acquired a new, the parcels that we haven't seen. So, um, we contact them back then a year ago. Well, we didn't get much in, um, knowing that we still need to not forget about the we'll see fire uh rebuilds and so the other effort that will be going on is reaching out to all of those families and see how we can help them moving forward. So coordination with cultures, um. I have a, have a, uh. I one of things I wanna give thanks to call trans because. we're working uh hand in hand to stri strategizing on the rebel, what that is gonna take as far as as far as uh coo, uh, streamlining encroachment

permits that are required by Catrons, uh, so I have, ah, by month biweekly, twice a month, twice a month uh meeting s with um, with cultures and that has been um have been, has been great to hear that they are thinking about how to strategize and construction, how we can provide areas for staging materials when we, when is uh when it's necessary for our families to to make it not easier but can be more feasible for them to rebuild in a timely manner. Um again, coordination with Caltrans and um some of these pictures are also from um from our our Korean um. property that we have issue permits on beachfront. um I guess I just want to end by telling everybody that it's a home and that is here that I am sorry I am sorry, but we're here to help you out and, and we are gonna continue uh listening to you and um, and making whatever necessary changes that we need to do for you and your family. And that concludes my presentation. Thank you. Um, Helen. Helen, are you there? I'm here. Do you have any questions, comments, um, I do, yes. Do you, does anybody else want to start? Do you wanna start with me? Go ahead. That was um that was very impressive, Yolanda. um, thank you so much for that. clarification cause you know how I've been asking the questions, um, I did, I did

want to know two things. One was, is when you're searching for the new consultants. Are we, are we charging them flat fees or are we changing our payment structure to the consultants. Is it, and I only can see the council. I can't see Yolanda, so. I don't know. There we are. Hi, hi. Thank you again for your commitment to the city and your dedication. It's really remarkable. You're welcome, um, when we have an RFQ, uh, usually the city do not get to see, and you can help me with this. Uh, we do not get to see um. um, we select by we do a selection by the qualifications and the scope of work. Uh, after the firm is selected, then we are, we negotiate the uh the hourly rate. Uh, but yes, we will be looking at um what this, um, this transition is gonna look like a a possibility that we need to come back to council and and talk about uh a different fee structure, specifically for environmental health, geotechnical in Costo, um, I'm possibly 80% correct that I need to come back to you, uh, as a change on our fee schedules. Sure, no problem. Um, that's it for now. Thank you very much for the very comprehensive um gramming Doug, OK, um, Yolanda, if I was in the afternoon session today and I watched you and the team worked together with the with the residents and the professionals. and just like you demonstrated here and you've done so well for so long.

I'm gonna say it's a commitment with a heart. and it's a staff and you, you lead it, you've got a team right behind you that is just like you, I think, but nobody, nobody can, uh, do it like you do, and uh, the city owes you a debt of gratitude every day. And all I ask you is don't burn out. you know, coming in on Friday and, and, uh, everything you do, I know it's a huge commitment, and we love you for it and we'll everybody will be eternally grateful. I think um it's appropriate to say that. several uh times over the past months, people have thrown out numbers that really aren't correct and I think, uh, this was an opportunity to highlight that, and one of the things I'll highlight is the fact that when we hear about the palisades, LA City. going, oh, there's 762 permits issued. That is correct. but that's not building permits and I think you highlighted that. I actually looked it up today. It was 762. It's a small number of actual building permits. These are permits for curbs, gutters, electrical repairs, and the city of Malibu has issued 333 on a similar basis. so apples to apples. we seem to be doing extremely well, although it doesn't, doesn't mean anything till we get a certificate of occupancy issued to the homeowner, but we are, when people compare us to others, I think it's a fair statement to say we're all running in a tight pack. Everybody's got a lot of the same problems and returning probably at the same rate as other people. We can always do better, and I am absolutely thrilled by the changes that you've made. I think this is an example of listening to the public, uh, in business management's a also referred to as participatory management where the people who

are actually involved helped craft the, the process and it's built not only from the top down but from the ground up, and you're doing it perfectly if um if this was my company, I'd have to give you an atta girl for really doing it right and you and your team are listening and incorporating the changes. Thank you very much for that, but I also want to highlight the Woolsey statistics too. You know, people have a tendency to go uh very Debbie Downer. and say only 40% of the homes in Woolsey have been rebuilt. That's not true 45% are up to the number now, but it's 81% that are in process and I know last year I was part of the response that you gave about reaching out to every property owner you could reach for that 19% that haven't responded. We are trying to do everything we possibly can. This is not just a, a counter waiting for people to come to it. This is a counter that's reaching out to people, asking them to submit plans, helping them with it, and I want to stress that to everybody. This is the most proactive you'll ever see a city government, in my estimation, to try and help people get back on their feet, and it all rests with the community development department which you lead in your team, uh for me personally and I think for the rest of the city, a big thank you and keep up the good work and we're here to help you. That's all I got to say See Yeah 2 I can't think of anybody better to be running the situation in Yolanda. I mean, I've been, I've been in the city over 30+ years, and I've seen a bunch of stuff going on. I follow up on Doug Doug's comment. I have never seen us be this proactive and going out to the residence and coming up with solutions that help them, all right? Uh, and it is, and I agree with Doug. Make sure you don't burn yourself out. Get some sleep. All right? Uh, this you're, you're doing a hell of a lot of work. Uh, you get some good

people working for you so you can pass some of this down and I encourage you to do that, but keep going you're doing a heck of a job. I want to take a moment to just talk to the residents a little bit. at least in my opinion, since the time this started between the efforts of city council has taken making changes to the rules to accommodate uh, making it easier for you folks to rebuild to the effort you just saw your line to take you through that says, here are the changes we're making to try and accommodate and speed up this process. What I've seen over the last, since the fire, since we started this fire, there has been a drumbeat by a certain number of residents telling everybody how bad it is. I'm not going to mention any names, Joe. but, OK, that, that is what we're doing is with that effort, we're discouraging people from taking the steps to try and rebuild. We're, we, the city has done a hell of a job, and we have to start, well, yeah, you can, you have to start telling people that things are going better. We're moving in the right direction. Things are going to get done, and if you put your, your plans in, you will be able to get your house rebuilt, and you will have a process of doing that. This constant beat up that says nothing's good, nothing's good isn't doing us any good, so I, I hope you just reconsidered some of the comments you're making. Thank you. All right, so first of all, thanks for the presentation and um thanks to you and, and all the staff for all the hard work that's being done, um, and, and us too, I mean, everyone's working hard to try to get this moved along as best we can. It's a terrible situation that we have to deal with, but we're trying to deal with it. Um, on the number of permits, well, actually, let me, let me see if I can take these notes in order that I made. First of all, um, I wanna, once again, and I'm gonna talk about this when we have our regular meeting. Give a shout out to Abe. Um, a lot of the things that are being implemented now are things he

was fighting for. I'm not saying that they wouldn't have gotten done anyway. I don't know whether they would or they wouldn't because we only know what actually happened, but he did fight for a lot of these things. He and I had a lot of conversations about a lot of these things. I'm sure he had some responsibility for some of the um streamlining that ' s going on, so that's, you know, that that's a very positive for the work that he did. Um, I know he pushed for a lot of things that aren't getting done, some of which were not reasonable, some of which couldn't be accommodated and can't be accommodated, um, but he pushed for as much as he could, and he got some, some of them accomplished, and I think that they for the most part made the process better. um make a note of that We received a letter at the meeting next week. I actually want to read that into the record or at least parts of it. We received a letter a day or two ago from an architect who says that she has 11 projects, 9 of which are in Malibu rebuild projects, and it was extremely complimentary and it was unsolicited and it was unnecessary for her to send it. She sent it because she meant it. Um, and it actually said that we are doing far better than she is handling, um, rebuilds out of Malibu, and, um, she gives examples of why the process bogs down in some places, why it's accelerating in others. Um, she actually said that the biggest problem that she sees in Malibu is that people are giving the staff too hard a time, and that the staff is actually, um, being very successful in the work they're doing, and it's having to field complaints on a daily basis. That is one of the biggest problems that slows the process down. Nobody asked her to volunteer that, that was actually one of the first things she identified voluntarily on her list. I thought that was interesting Um, what I will say is I, I, the number of permits issue. I mean, I, we hear over and over again, and I, and I appreciate that, um, the, the devil is in the details, that clarification tonight about what those numbers of permits really mean.

We keep hearing why have we only issued two? Why have we only issued 3 or 4, whatever it is now, um, I'm gonna give this and aside from the very good detailed information we just received that we're actually, it's 300 and whatever if you're going to compare it to the high numbers, but I, I'll say this over and over again like a broken record. Don't tell me how many we've issued. Come to me if you have any complaints about one you're trying to get. And if it's a reasonable complaint about something that's in the way, I'm going to go talk to the staff and find out why that's the case, and I'm sure that's true of everyone up here, but it is a meaningless thing to keep telling us how many have been issued. It's only meaningful to tell me how many are trying to accomplish a permit and aren't able to get it. The city's not responsible for anyone that doesn't file an application. The city's not responsible for someone who files one and doesn't have the um competent backup to support a reasonable application. The city is responsible for processing applications and trying to accommodate people as best they can, but it requires um design and building experts to come in with appropriately prepared plans and reports in order for the city to be able to process it. And I've yet to hear a specific example of someone who came in with all the proper material that is necessary anywhere in the country to get a house built, and they were, and roadblocks were thrown up where roadblocks existed that were inappropriate and unnecessary. And in that regard, I have not read the report yet, but I have heard from a number of people about a study that was done in Santa Rosa. Santa Rosa had a wildfire many years ago. One of the, you know, another, also a horrible one, wiped out a lot of their housing stock and what and and they're always held out as a shining example of somewhere where the homes have gotten rebuilt in large percentages. Actually, that's true for a part of Santa Rosa is what I understand, that there was a that Santa Rosa is a town of two cities, much like we are,

well, I'm sorry, there's two different parts of the town. There's a flat part of the town, Easy geotechnical issues. They don't have landslides. They don't and and they have pretty much cookie cutter homes in a lot of those areas. That is, that is where they've made the substantial progress in the rebuilding. They've also got a part of town that is much more like Malibu. It's hilly. It's unique homes. It's everybody's got their own view of what they want to build. There's complicated geotechnical issues. Their percentages are no better than our percentages, and it's the same staff that's handling the easy rebuilds and the hard rebuilds. It's the same laws that apply to the easy rebuilds and the hard rebuilds. We are a hard rebuild here. We've got difficult geotechnical problems. We've got difficult ocean issues, beachfront issues, and that is driving the problem. We also have insurance issues. So I, I know that there are, we can always improve. We can always do more where we're going to continue to try to improve until every house that needs that's that someone wants to rebuild is rebuild, but the constant complaining that there's only 2 permits or only 3 permits or 4 permits house building permits to rebuild a house is a meaningless anecdotal number and I'm sick of hearing it. I want to hear what the problems are, not that there's only so many permits issued. Um I'll note I've gotten, I've been, I, I've been contacted about the Arcasar um. product, and I've been asked, and, and I think this is a good point to point out that, um, first of all, the city is not endorsing this product. The city is making it available for those who wish to utilize it. Um, something that everyone who uses it needs to understand is that in order for it to be effective for you, you're going to be loading proprietary information into that product

and you're basically building a product for a tech company. You're giving them the information that they would other wise have to pay to acquire to build their product. You may or may not get a valuable result because it's very, um, in a very early stage of its development. Um, but so buyer beware. I have a question about the planning review. um. are the, the comments that people get, I, I, I keep, I do keep hearing that that's one of the big issues, getting 30 400 nitpicking comments. I don't even know if that's accurate, but are we going to bring in in-house one or two people that are going to be responsible for the comment process for the like for like rebuilds, or are we going to continue to farm that out. Do you mean planning or building plan check? Plan check is a plan check. So building plan check and this is what I talked to uh at the at the presentation. I've been hearing too at the beginning, right? The first two many multiple corrections is a necessary, um, what is that the city can do. So as an alternative solution is created templates, uh, this templates are sheets of of of documents that have all of the notes for the building code and we're asking the design professional, so you don't miss this notes on your plans attach this sheet so that there were 4 different sheets created for it. So we have one for architectural. We had one for fine grading. We have one for uh the uh details that were necessary and required for the for the code. We created those standard sheets. not a mandatory to use? but as a tool that will uh will uh avoid the number of errors or the number of corrections that we see on the plants. OK, but once the applicant uses them or doesn't and submits,

who's going to review for the comments on the like for like rebuilds, and outside consultant or somebody that we've hired to bring in-house that's focused on the Lake for Lake Rebuilds exclusively. So we have in-house, remember how I talked about the 34 people that are in house. The city does not have staffing to do those reviews. with a staffing levels, so we need to have contract services, but they are in person and consistent coordination on the type of correction that I that are being sent out. Um, the other thing that with the new person that is coming in, uh, persons that are coming in is uh uh uh emergency case coordinator or manager coordinator. Consistency on, on the number of corrections and uh we will be able to have a better quality control on that. And then beyond that, um, we have a weekly meetings. to check on with with the companies that are doing the reviews in-house, um. see that if there's any inconsistency, so we're working through that. I'll be, I'll be looking forward to updates on how that is improving. Um on the like for Lake rebuilt's Tyler, you and I spoke about um the possibility of being able to get an approval that would be binding on the city for what was there so that when you then go to design the second half of the lake for like what you're going to build, you know what it is you're trying to match and don't find out when you go in with the um with your plan for what you want to build that no, this isn't sufficiently similar to what you had. We're not going to let you do this. Is, is, is that going to be, is that being implemented or is that's still something that's being thought about? That is a great suggestion, something Yolanda and I are talking about. We're just hashing out the um the the logistics of it, but it is something that I think is worthwhile. So essentially um

when my proton is saying is we understand that sometimes there are, um, uh, you, you get a word from someone when you do a pre-design meeting and there's maybe agreements made and then when you go to submit your plan, there's a different platter reviewing and you might get different round of comments, and so, um, we're um Yolanda and I are talking about uh some type of a signed document from the parties that be at this uh pre-designed meeting or this agreement meeting where it's going to be consistent, so when you do some of your plan, you're not, you're not getting surprised by anything. So it's a great suggestion we're just working out the the details. OK, great. I appreciate that. And then the last thing I'll say is I'm, I'm, I'm hearing that we've got a rebuild center I mean we've known this, we have a rebuild center with people who are focused exclusively on rebuilds. Um, I've been saying from the start, I want to make sure there's, uh, with the exception of the people at the top who have to be have their their tentacles in both the city's normal new builds and the rebuilds. I want to make sure we have a total separation so that the people who are working on the rebuilds are looking for solutions, looking for ways to expedite and accelerate the process and make it efficient and and get the homes rebuilt. I want to make sure that that same thinking's not being applied to new development, and I also want to make sure that the people who are working on the new development, who are accustomed to nitpicking everything, aren't touching. the rebuilds in any way, shape or form. Is, is that what's going on? That is correct, and you can have reassurance that, um, that's the way we're implementing uh what council's direction has been, uh, fire rebuilds are different policies, um, and we follow exactly what has been directed by council, the other, like we uh council member store always say we have two different cities. That's, that's the way right now we're running operations. OK, great, because I actually heard a comment from someone the other day anecdotally. They were saying that they, they understand the rebuilds are

going to be difficult because Malibu has this mindset of not letting people build and to be absolutely clear, and I think everyone understands that that's here. That is not the case with the rebuilds, it is our myopic of um objective to get them rebuilt, to get our residents back in their homes if they want to be back in those homes. And with the rest of the city, business as usual. Thank you again, Yolanda and Tyler and everyone else Can I just ask, I want to ask you a clarifying question. Uh, talk about the comments section. I know there was a discussion a few months ago and I think I heard it anecdotally somewhere where you said, look, only one pass from uh corrections unless it's health and safety issues. Can you, is that even close to what's taking place or my way off base, and it's fine to say I'm off base. So uh we're talking about the um um the Turner, the number of Plan check reviews that we do, uh, we do first, we do 2nd, and on the first two projects, they were step 4re of metal, so the people needed to come back and come back and come back, um. we're hoping that with the templates, we're having um a lot more integration, um, and also. with maybe there every Friday we can have a more sordid way of coordination, mentoring the staff, so we don't go to a a third review and everything can be taken care at the 2nd Sumero. Uh, that is the goal, uh, usually a, a normal set of plants that come through a normal operations. Sometimes they go through 3, reviews, uh, and, and, and, and, and it is up to what we get as a set of plans. So we get a complete set of plans that complies with the code, um, and, and so that's

what we spend time on recent meals and I I hope that I. that I can explain that you're very well done, but what also gets into a question in reference, I think we all want to talk about this architectrier that came in this week, but we'll do it next week. But one of the comments that was made in there was that, uh, some architects are submitting partial plans and expecting them to be bounced back. Is that happening exactly, guns, that's what um that's what Yolanda was referring to, so that's why I, um, I'll play a little bad cop for her, uh, that we, you know, that is our goal on the 2nd review, we will try to, that is ultimately our goal, one set of reviews that is comprehensive and then on the 2nd, hopefully they addressed everything. Uh, that's not, we don't live in a perfect world and so that doesn't always happen that way. Uh, sometimes out of the 2 corrections we send, uh, they've addressed 10 of them. Uh, so we can't guarantee that they're gonna get through, you know, it's not a full guarantee that's uh we're gonna permit after the 2nd review, but that is the goal. Thank you very much. Appreciate the clarification. Well um, not too much for me to say except for thank you, uh, really appreciate all the hard work of the staff. I am, I know I get criticized a lot for being so supportive of the staff, but I think that there's absolutely good reason for it. Um, you have shown that you have been responsive when there has been issues pointed out. You've lurked worked for solutions. You've tried to find ways to make sure that we're staying in compliance with the code requirements while still finding new ways and new processes, and always evolving um and moving forward. So, um, I just want to echo the other things that my council members, fellow council members have said, and um I know our community's in good hands. Um, we, I just encourage everyone

out there in TV land to get your um you know come into the rebuild center, first meet with them, find out what the process is, ask your initial questions. Get your design team together. Also be honest with your design team. I've said this multiple times. Be honest with your design team of how much money you have. You don't want them to design a home that you can't afford to build because it's just gonna, uh, lead to more disappointment and um issues and problems for you, and nobody wants that. So, um, just thank you and um we appreciate all your hard work. Go home, get some rest, get some sleep, and again, don't burn out, um, you know, let's get some. get those uh other people trained up so we can make sure that everybody's getting the appropriate time off to recharge. Thank you. OK, so now we're gonna go to 3B. You're back. Rebuild policies to facilitate rebuilding structures, damage or destroyed by natural disasters. And I think we just have the one item, right? That's correct. Uh, want me to begin? Uh, yes, please. Yes, OK. Thank you, Mayor, uh, members of the council, yes, one item tonight, so very quick, uh, presentation, one item left, so I just wanna thank you all, thank the public. It's been, it's been a gauntlet and we've got to the the finish line here for these, uh, rebuild zoning policies. Um, just a quick reminder where we came, you know, obviously we adopted the ordinances in March and then they needed further clarification. We've met, this is going to be the 5th time on this policy document. Um, and, and tonight the last remaining issue is issue number 10 regarding uh wave action reports. And so we, we presented this information on September 29th and we got some feedback from the public, got some feedback from the council, and we've, um, you know, kind

of boiled it down to essentially what you see here on the screen and uh uh in a nutshell, the beachfront structure of your home will be dictated by the FEMA flood plan requirements, uh, and the city will not impose any additional sea level rise requirements. Now your um design professional, your coastal engineer can still recommend, uh, we can take that into consideration, but the city will not require you to um do any more additional sea level other than what the FEMA requires, which is the base flood elevation plus one. As for your onset wastewater treatment system and the sea walls that are built to support that replacement structure. Those will just need to meet the requirements of the, your personal coastal engineer, uh, with again, no additional sea level rise imposed by the city. Again, your coastal engineer could still have sea level uh estimates in their, in their calculations. Uh, we just are going to require that those recommendations uh come in the form of a coastal engineering or wave uppers report or a letter certified. and stamped by your coastal engineer, uh, and that coastal engineer must be a licensed, a California licensed civil engineer that is experienced in the practice of coastal engineering. We're available for any questions. OK, any clarifying questions from the council? Halen, do you have any clarifying questions? I think it, they'll come up as we discuss this. OK. Um, I have all the in-person public speakers. up here Yes, those are all the speaker slips we have for this item. OK, so no additional speaker slips and how many do we have online? 3. OK, if you could hold up those three, please. Uh, so, is there anybody at Palin, is there anyone at your location for public comment? Definitely not, no OK, so our first speaker is Arno, and we have Gretchen.

You're Gretchen? OK, yeah, I'm just making sure you're here. Uh, Jim Rogers? Thank you. And Joe Drummond, so you have 6 minutes. Mayor Riggins, um, in regards to moving forward with the, with the policies and and changing policies in a in a positive way, um, right after the fire when I asked about the bottlenecks and the rebuilding process. You looked me straight in the eyes and said, the city is ready. Submit your permits Um, we're ready for expedited permitting after Wolsey, and you even declared from that days that the city of Malibu could teach a masterclass and fire recovery. Um, but what the survivors learned instead was a masterclass in waiting, in frustration, and a broken promises, and I'm wondering if you are deceiving us or if you are deceiving yourself. And I think it's the latter because you don't look me in the eyes and lie to me. You know maybe I'd be standing here if I had applied at that point. Maybe I would be standing here with pervent number 5 in my hands, but more likely I would have spent tens of thousands of dollars on unnecessary geo reports, MEP plans, landscaping plans, fire sprinkler plants, fuel modification plans for support a garage with 19 caissons and still be waiting for over $18,000 in permitting fees to be reimbursed, and still be given the runaround in correction and bureaucracy hell getting brand new corrections in the 6th round. And you may wonder who's suffering through this because you want to help that person. and I can't tell because that person begged me not to, not out of pride, but out of fear. out of fear of retribution from the very system meant to help him

rebuild. Now some people think I'm insane to start the petition that you know of, probably, or to step up here because now my application would be buried at the bottom of the pile, and that's what silence sounds like in Malibu right now. The quiet of people too scared to even hope And Abe asking you to resign was not a rash, upset expression of frustration of an individual, I'm here speaking with 216 voices. which is more than 10% of the votes that put you in your chair and collected in 2 weeks while holding a full-time job, having a family and working on rebuilding a home. I do believe you are the wrong person in the wrong place at the wrong time, and the inaction under your leadership demands you to step down, like Abe said. And while others carried hope like a torch, you poured water on flames, and while others tried to build bridges, you try to reinforce the walls, and when one man, the rebuild ambassador, became a symbol of possibility, you tried to quietly push him out. An abuse of your male positioned. In the last city council meeting, you said you take full responsibility for that. But saying those words without action is like smoke without a flame. It looks like something. but it warns no one, and worse, it leaves you with a biting stick in your eyes. and saying I take responsibility without changes, not courage. It's camouflage And you, you are part of the ad hoc building committee. But why? To steer it or to stall it? Leadership means taking steering a ship through a storm, not anchoring it mid ocean and hoping for the storm to blow over And when you shrug and say, I'm sorry you

feel that way. You might not realize those words land on people like ashes falling on an open wound. You are look you are not evil, you are not cruel. I think you're just misplaced. You're a great person. In the wrong chair, a warm heart wrapped around cold policy. And now that chair has become an anchor. and maybe it's time to let go because leadership at its highest form is knowing when to step aside, when to release the wheel, so that others can steer the ship to shore. And please do a true leaders do when their presence begins to hinder the mission. Step down and do the voluntarily and with grace Thank you. Thank you OK, um, Arnold. Yes No, Arnold. Arnold. Arnold Bernstein. Yes, there's another one Good. OK, Kevin Keegan I'm Kevin Keegan. Uh, on September 29th, I asked the Malibu City Council to take action on at least 2 of the streamlining related action items that mayor pro tem Silverstein recommended in a guest columnist article published 2.5 months ago in the Malibu Times July 31st. As I explained, Mayor Protem Silverstein's suggest in his article by my account, 10 action items the council can take to help quote, Malibu residents to rebuild the homes they lost to the palisades fire as efficiently, expeditiously, and economically as practicable, close quote. My hope is that with the fire rebuild process, streamlining process tonight that the uh that the following

two action items recommended by Mayor Pro Tem Silverstein can be included. Number one, liberalize the building code approval process, and number 2, streamline proof of geological stability. As a reminder, the mayor pro tem explains, 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 is exhibited historical, geological instability, close quote. The mayor pro tem continues, quote, If practicable, the process for obtaining proof of geological stability and previously developed areas of historic ins instability needs to be streamlined, close quote A critical point made by Mayor Pro Tem Silverstein in his article over the summer is we have key actions that only the Malibu City Council has the authority to take. According to the city mayor Protem. The city council has the authority to act. Tonight, the city council has an opportunity to discontinue the 2.5 months of ignoring these recommended actions and causing more delays by making a motion and moving the recommended action items forward. In the event that these are not included in, in either the fire rebuild process streamlining or tonight's rebuild policies agenda item. Then I ask any city council member to make a motion to advance just two of the 10 actions described by Mayor Prote Silverstein, liberalized the building code approval process, and streamline proof of geological stability. Let's not allow any more months to pass us by. Thank you. Thank

you, Kevin And online Danny Danny, are you there I counsel. Can you hear me? Yes, yes. I have an echo. Hold on, let me close. Um, OK, thank you. Uh, frankly, I'm embarrassed as a resident of Malibu tonight. a building official and 4 council members flailing around to defend themselves against a wretched, disgraceful rebuild that is increasingly becoming a public scandal. I understand you're all under the gun. Good. I don't need to see a twenty-minute PowerPoint presentation that probably took our building official 8 hours to put together. I think probably 2 permits could have been stamped in those 8 hours. I could use a little SPR, a little less spin, and a few more permits. Doug, if you think this is the most proactive you've ever seen a city government responding to a disaster, you might not be around in December next year. I'd rethink that statement and rethink your efforts so far. Bruce you're fooling yourself intentionally or not. That email you refer to praising Malibu was from an architect trying to curry favor with the building department. There was a motive Also, you don't know what you're talking about when it comes to Santa Rosa. You were wrong on pretty much everything you just said. Learn more before opining for 10 minutes, please. It's been over 9 months since the Palisades fire. Sienna Rosa had issued a full certificate of occupancy by 8 months. Work harder, show leadership. Some people joke that you're the king of Malibu. I wouldn't mind you being a king if you knew how to wield that power for good. And on the Wolsey fire, of course, 81% of homes are in the process of rebuilding 7 years after the dam fire. You think people buy parcels just to sit on them.

That's not how the real world works. People want to build and you're inept, purposefully and competent building department prevents them from doing it. Malibu is going to change, and every single one of you on that dais and behind City hall doors is going to be a part of that change where you're going to be left behind. Have a good night. Thank you. Thank you. Next. Darren Darren Go ahead Hello. Hi. Hey, good evening. Honorable Mayor, Honorable city council members, um, regarding the issue number 10, uh, I've previously spoken about how I don't believe every rebuilding person or home on the beach should be required to submit a wave uprush study, um, as a matter of fact, California Coastal Act Section 30235 prohibits the installation of sea walls on the beach unless they are there to protect a structure or minimize erosion and that structure in Malibu tends to be an AOWTS. I'd like to point to at least 20 properties in the Big Rock Beach area that have existing septic septic systems that are functioning have been certified by contractors functioning, and they are up above the level of the sand of the beach. They are protected by an existing bluff. They've been protected by that existing bluff, just by distance from the mean high tide line by over 60 to 70 years. I do not believe the 100-year flood level is going to move the ocean 70 ft northward and erode the hill that's been holding these septic systems intact for half a century. Um, uh, I'd like to refer you to my September 9th email in which I suggested that the building department wave waive the day on a case by case basis, waive the requirement for wave uprush studies per

parcel if the owners know the risk that they're taking if they don't get a coastal engineer to write a letter asking me and my family to waste $15,000 on a coastal engineer writing a letter, which is obvious to the naked eye, is going to delay us and many other people from submitting for building permit applications. Thank you. Thank you. Who's next Those are all the raised hands. Oh, OK, I thought we had 3. OK, so that'll close out public comment. and we're back at the dais, uh, who wants to start? I'll ask the first question. Um, the point that Darren brought up, um, does the building code or any code require a custom engineer. Oh. Um, so for what, for what part? I'm sorry, for the sea level rise, um, our, our suggested language says the last send the recommendations must be provided in a coastal engineer or wave up uprush report and or letter certified and stamped by the Applicants Coastal Engineer, who must be a California lied civil engineer experienced in the practice of coastal engineering. and I thought what I heard from Darren wasn't asking for an exemption from that, so I'm just trying to clarify. I mean, it boils down to to who we want, uh, making these recommendations and who we want to, uh, I'll let you want to speak if it's in the building code or not, but um, you know. to be quite frank, you just don't want any Joe Schmo kind of going out there and designing your seawall cause it might not work, it might fail, uh, there's probably plenty of talented people out there that don't necessarily have a degree. So but this this will uh create

some assurities that these people are doing the necessary uh mathematics and engineering techniques to design it properly. OK, Bruce, do you have a follow up? Yeah, um, OK, first of all, just some preliminary observations. One, I really like what we've done here with all of these policy explanations, and I'm hoping to see this kind of thing when Lake after City Council, um, glad you decisions when we clarify what an ordinance might mean, it would be great to see this kind of thing. all the time, so it all we create some consistency. Um, Arno, there will be no retribution. You, your, your, your application's not gonna go to the bio list. I, if it does, they'll be hell to pay with me, I, I assure you, um. and Kevin, thanks for talking about that article. I, I, I do hope that now that we're done, these important things, there's been so much to do, and I know that, I know we should be doing more. Um, we can get to those other action items and any others. I, I know Han had some proposed some and you know, bring him on. Excuse me Oh sorry, Bruce. I can't hear. Say it over again. No, I'm serious. What'd you say? All right. Um. actual language issues. We got an email from Dean Winner, which I thought had some very good specific word changes that he was proposing, so I'd like to talk about them. And I wanna, just as a segue to going into that, I want to say I I think as, as good a job as I do think we've done with these policies and with our ordinances. I'm gonna say it again We don't do them carefully enough. I mean, I, I spent my career, among other things, drafting legislation and working with committees that drafted legislation and when a legislation is concerned, where a period is, where a comma is, where they use the word or or and or and or

whether you say it in the negative or the positive, there are so many things that can trip up laws and not make them work. Number one, we need to make sure it accomplishes what we want to accomplish, and number 2, we want to make sure it doesn't allow what we don't want to allow. And using the wrong words or the wrong formulations can have disastrous consequences in not accomplishing what you're trying to accomplish or in allowing things to be done that you're trying to avoid down the line. We all know what we mean and what we want to do, but that doesn't mean that someone's sitting here 3 years from now or 5 years from now or 10 years from now, we'll do that, and it doesn't mean that any, any consultant that we hire will understand it. But so the language um Dean had suggested that in the 3rd line, um, the parentheses that say this I'm trying to see what he did here. He struck out sea level rise after, is it up there? OK, let me just say, I, I, I agree with his changes, um, the only thing I question is I don't know what whether the word engineered and engineering are terms of art. I don't know what they mean, so I'm wondering if there's a yet another word that would be better there to accomplish what he's suggesting or whether that's the that's that's the word that professionals understand and use, but I like these changes. They actually um make this clearer, and then I have one other one that I want to propose and talk about as well, but so I'd like to, you know, invite a conversation among counsel as to whether these changes make sense, and I'd like to hear from staff about whether the word engineering is an appropriate word to use. Bruce, can I ask you a question to Hale? Um, what I'm looking at right now policy item alternative number 10. Is that genes striking? It is. Yeah, the staff apparently prepared that document to show Dean's words. Thank you. I tried printing it out here and

at the printer fell out of ink and um, OK, I would like to know, yes, the staff's opinion of this because it seems to like reasonable to me. So I think it's it's, it's it's a, it's a good language. The only, the only caveat is that um. you know, no additional requirements imposed by the city. This includes sea level rise. So basically what this is saying, unless you know you attorneys up there think differently, but to me what this is saying is that, you know, they're gonna give us whatever report or letter that they have, and we're just gonna accept it carte blanche and um, you know, there are still building code requirements that need to be made, um, so. you know, we're not gonna require any additional sea level rise. I think to what was agreed to. We're not gonna um look at 100 year life or 75 year life, 40 year life. it that those will be the recommendations of your coastal engineer, but to say, you know, the city will not impose any requirements, I think is, you know, risky. I, I hear that risk, Tyler, thank you. Um, what city requirements usually do we impose? OK For seawalls that are specific requirements of the building code or of how those, uh, how does seawalls are going to be built. Uh, so those are standards that are followed by the building code and the ASCE 716, um, structural standards. I see, so uh just so I'm clear, I own a house on the beachside. I want to redo my seawall. I hire a geotechnical engineer. That geotechnical engineer helps me build that seawall. They come up with a design. They give it to the city and

then the city then imposes more requirements, or does that geotechnical engineer maybe not have a license that you're imposing those like wouldn't that be their lane? I'm trying to figure out the different lanes of where the city gets involved. Thank you, Councilmember Conrad, um, so you are a, um, property owner, uh, with the, that want to design a seawall on the beach. Are you a fire rebuild or you're not fire rebuild? Let's do a fire rebuild. OK, you're a fire rebuilt. Um, you, uh, under the, uh, estate, um, executive order. You do not need to comply with the SQL requirements, so therefore, um, they build a portion of it will be required that uh you get your structure engineered to provide us the design of that wall, you need to get us the the geotechnical recommendations to follow as per chapter 18 of the Building code and then uh you're close to engineer to uh we also on uh on the impacts of the uh. of of of the forces of of. the forces that will that will impact that that wall. I see. So let's say that they've satisfied those seemingly basic like the minimal standards with the city then require new impositions. Oh, I don't want to strike something that you know, the city then feels liable for something. but I also don't want to impose something that the city might decide is necessary. Helen, based on the answer that Tyler gave, I have some words that I want to propose that I think might satisfy both Dean's comment as well as Tyler's concern. OK. Thank you. Um. So let me, um, suggest, uh, but, but I, I still, before I do that, I'd like to understand the que is the word engineered and engineering. Is that a term of

art or is that something that we can state better? be engineered by the applicant's cost to engineer BDSSB designed by the applicant's cost to engineer. that that that word makes more sense to me. So, um, before I get to the one we were just talking about, the word height at the beginning, which is in both Dean's version and our version. Actually, I think it isn't height, it's base level elevation, is that right? The height is, yeah, yeah, so we need to change that. Well, because if you keep in the word we said at the beginning, it's height above sea level, so, uh, you know, but, but that's not a, a, that's not a phrase we use, right? We, we've been talking about forever base base level elevation. Yeah, base flood elevation, yes. So shouldn't to be consistent, shouldn't we say that? Well, I don't want to, I wanted to make it broad enough, for example, a garage might not need to be above the BFE plus one. So I just make it, made it broad enough that the structure needs to meet the FEMA requirements. All right, if, if everyone's satisfied with that, I, I, I would like. the the base level elevation makes more sense to me, but if others think height makes more sense. I don't wanna uh unintendedly cause all the structures to meet BFE +1 if there's structures that don't need to, uh, well, we. So in the presentation they gave the last time, they talked about uh non-habitable structures. Yeah, but this, that doesn't make a difference to this language. That actually is raising another question of should we have some language that says that this is only when a when FEMA is applicable. But it says the height shall be determined by the, by FEMA. So we're, we're not talking about whether FEMA is going to apply. I'm only talking about whether the word height is the right word to use or whether base level elevation is the right word to use cause this doesn't have

anything to do with whether FEMA does or doesn't apply. It's this assumes FEM applies So what is the word, what are some words I'm saying, it should say for all replacement beachfront structures, the structures, it should say for all replacement beachfront structures for which FEMA applies, the structures base level elevation shall be determined. FEMA requires is required all along the beachfront, but, well, if you say for whenever it applies, it's going to either apply or it's not going to apply. That's going to be determined on a case by case basis. If somebody has an argument that it doesn't apply, they'll advance that argument and it'll either be right or it'll be wrong. If I could interject it for a second, I appreciate Dean's uh input but we're wordsmithing, this includes sea level or not including sea level. I thought it was clear before. I agree with you about the engineered versus uh designed. I think the recommendations designed by the applicant's engineer, but I also think we're uh not doing ourselves any favors by taking out no additional requirements imposed by the city. Well, OK, so on that, here's the language I, I'd like to suggest because I, I, I do think we've been talking about oh, anyway, I would put at the end of that first sentence the words, um, imposed by the city that are not imposed by federal, state, or other applicable law. The point of this, he's, what he's trying to accomplish, and I think what we're trying to accomplish too is to make where the city's not going to create any additional obligations that don't exist under a greater law that we have no choice but to follow. So I that to me would accomplish what Dean's been saying. I think Danny said that too, and it's, and I think it's what all of our common objective is to not have the city getting in the way by addition by imposing additional

requirements that the laws that we have no choice but to follow or imposing. But, but again, that, that doesn't. I, I so that's one thing I'd like to suggest. Let me just throw them all out and then we can, and you guys can pick up them. The other one is when I read the part that says, and by the way, it wouldn't be re meet the recommendations of the design. It would be just required to be designed by, I think that's what Yolanda was saying. The other thing is the and or that appears in the last sentence. The way the last sentence is written, I can't tell whether the design, um, has to be provided in a coastal engineering or wave rush report and a letter certified. or if just a letter certified and stamped is sufficient if that's one of the two alternatives. So what I would say to make that clear is put in the word the recommendations must be provided in either, put in the word either, it one peren peren Romanette I close peren, a coastal engineering or wave rush uprush report. or Puren Romanette 2 close peren letter certified and stamped by the applicant's coastal engineer. That makes clear that one or the other of those two alternatives is sufficient, and then there's no decision making on our part if if a letter stamped, certified and stamped by the applicants Coastal engineer submitted, that's done. They've, they've satisfied their obligation. I also don't know what an engineering report is versus a wave uprush report. Uh, real quick, Mayor Proton I think you make a good point, and I think it actually, and that's fine. I think we accept that recommendation, uh, if the council does, um, the other, uh, kind of speaks to um what Darren was saying, you know, he doesn't want to pay for, you know, I, we completely understand that, and for those

of you who are, that's why we wanted to make this open. We do, this person needs to have the qualifications, yes, but, uh, in some cases you don't need a full wave up brush or coastal engineering report. If that's not necessary. If you have uh report already done and you just need an addendum or you just need some type of letter certified from this engineer that your walls in good shape. We wanted to keep it open enough. So I hope Darren, that helps that even though the city is requiring, you know, an engineer to be there that we're not requiring the full, the full gambit of things we would require for normal beachfront home. You can still, if you're attempting to read your um seawall, let's say, you may, it may suffice if you just get uh an engineer to inspect the wall and kind of make some some signoffs on things. That's what that was for. So before we get into the more difficult uh so and by the way, this says the wreck, the engineering must be provided. So with that, Yolanda would design work there too, or is that a different word that we need in that sentence? That design must be provided. OK, so let's see if we can get agreement for on that last sentence first so so it's, it, it would be the design must be provided in a coastal I'm. yeah, engineering or wave. The design must be provided in either a one coastal engineering or wave uprush report or 2 letters certified and stamped by the applicant's coastal engineer, bah blah blah blah blah that what's there already. Do we have agreement on that? I'm fine with that. I'm happy with that. Ellen. Yes. OK, so going back to the first one. Marissa has told us from time to time that FEMA doesn't always apply. I don't know whether that's true or not. If FEMA always applies, then we don't need to touch that part of the words. If FEMA doesn't always apply, we're imposing an obligation to meet FEMA here with this language that we shouldn't be

doing. So does it always apply or doesn't it always apply? It will apply in some form or fashion to all beachfront homes, yes, um, and that has been clarified by our public works director, who is the FEMA administrator for the city. We work closely with him, uh, uh, early on when we developed the, you know, rebuild ordinance back in March, uh, and so that's why FEMA has always been in the in the laws that we've been writing. Uh, so I'll accept that. So, so again, when I was dealing with base-level elevation versus height. If I understood correctly, Tyler, you said, well, that wouldn't be a proper change because it might be FEMA wouldn't apply, but this is always going to be FEMA within FEMA. Yeah, and we're open to suggestions. I just wanted to, I don't want to keep, keep, keep tightening the doors on people. I want to make it open enough so that again, if there's a. certain structures that can, that don't have to meet the beam, the BFE plus one because you're setting that standard, then then then I wanted to leave the door open enough so that those structures could still cause they're still meeting FEMA. I'm with you on that, you see what I mean? No, I'm with you on that. I just don't see how that has anything to do with whether we're talking about height or base level elevation. For the structures to which it does depend on the wording because if you flat out say the structure needs to meet BFE +1, you're then saying that the garage also needs to meet BFE +1 when the garage can be designed in a way to be below BFE plus one. But this says the height above sea level shall be determined by that. Yes, but it's, it was written broad enough that the the structures, you know, and you know, in the plural sense, the the garage could be a structure of the home could be a structure will just be de ter m in ed by FEMA blank. OK, I, I'm, you see what I'm saying? I'm, I'm open to and I may be wrong. OK. I thought I learned through this process that when we use the word height, we're we're referring to the measurement

from the base level elevation of any property to the tip of the roof and that we have a word base level elevation which refers to the distance between sea level or something below it maybe even to the point where the building starts. I'm just going to talking about that word. I'm not talking about to what it'll apply because this applies to everything. I'm just saying the word height is throwing me here. I, I, I see what you're saying, and actually my first rendition of this actually use the term uh finished floor because that's what our code, but again that uh. but by our current coastal engineers that also might be unintendedly too limiting because you're not accounting for it's the, the BFE plus one is for the lowest structural member, not the finished floor. So there might be a 2 ft distance between those from where you start your base. So again, I just want to be careful about uh being too tight on the language to not allow flexibility for these structures. I don't want to just it require something that someone may not actually have to do by federal mandate. OK. You're you're comfortable that height above sea level is a word of art that doesn't need to be better explained with the above sea level, yes, uh, I do, but go ahead, Yolanda. OK, oh, and I, and yeah, and and I guess I now that I've understood this more of the above sea level should not be stricken because that, that, that's not what I'm discussing at this point. I'm just discussing the word height. OK, fine, I'll I'll give on that one. but I do think that he makes good points on the Puran. This includes sea level rise, but I would add, as I said before, um by the city that are not otherwise imposed by federal, state, or other applicable law that would get what he's trying to accomplish. I think what we're all trying

to accomplish as well as making sure you're comfortable that we're not eliminating anything. So in other words, there will be no requirement, including sea level rise. by the city that's not otherwise provided by federal, state, or other applicable law. I mean, is there any objection to that? Yeah, yeah, you know, look, I have no idea what people are going to show up with, uh, and, and leaving it the way Tyler had it gives us the opportunity to take a look at it if there's additional stuff we have to make them do, we should do that. Uh, but I'm reading it up to the people who know what the heck they're doing versus having somebody just give you a a report and say follow it. I, I appreciate that, Councilor hearing, and I just want to point out that, um, we did, we did vet through our city attorney. It also was vetted through our current coastal engineering group, so it was a team effort to compose this language, it wasn't just me, so I appreciate the comment. Yeah, I, I, you know, I just, I think we get a staff enough flexibility, they can make it that we're paying these guys to make decisions and they've been doing a good job of it. So I, I'd like to leave it the way Tyler Hick initially constructed, yeah, and I'm, I'm with, uh, Steve on that. I think the first sentence. leaves enough open uh determinations for it to be flexible and at the same time it says we're not gonna do sea level rise, and that was the objective all along on this. It's not to impose arbitrary sea level increases. We said a month ago, FEMA plus one is the most we're going to put down for anybody, and this is clear that it's not gonna have sea level rise involved in it, but we don't know what else might come along, and I think, like that's the statement we want to make, and I go along with the 2nd sentence right after that, I think we wanted to, uh, change, uh, meet the recommendations, change that to the design by the Applicants Coastal Engineer and leave the sea level rise that's stricken in. So, yes, OK. Is that a motion? I was going, I was

going to go to that next. So yeah, so we would make no change to one. I'll make it emotional, no change to want first sentence. Second sentence except Dean's change, initial change, but put designed rather than engineered. reject the other changes, and then the third sentence is what we said before. I don't, I don't know that I need to repeat that again cause I know that you wrote it down. I'm 2. I'm with it. Let's call for a vote. OK, I'll call. What he? Sorry guys, I just want you to explain it one more time to me, Bruce, or something that's yeah, OK, so first sentence is not being changed at all, it's whatever it says there. Second sentence on site waste what it says here, correct? Merriroton. What it says in the, in, in red in the staff proposed, yeah. Second sentence. um, on-site wastewater treatment systems and seawalls that are being built along with the replacement beachfront structure will be strike required to, I'm sorry, will be required to meet the strike recommendations insert design of the applicant's coastal engineer with no additional sea-level res cards, so no other change other than changing recommendations to design. So the point of that was the recommendations were just too wishy washy, too, too. too loose, Designs a better word, um, that's the only thing that's being changed there. The last sentence is the design must be provided in either one, a coast to coastal engineering or wave rush uprush report or two letters certified and stamped by the applicant's coastal engineer, blah, blah blah. The point of that change is to make clear that one or the other will suffice as long as the applicant submits one or the other, the city will accept

whichever one is presented. OK And going back to the other slide, I just wanna double check what was stricken out. Um, thank you. We're just um we're just changing engineering to design. OK. OK. Recommendation to design. Yeah. I'm sorry, recommend that we're that's the suggested language well, but on Dean's change, we're, we're, we're changing engineered to design. I would like to just make clear for my edification, are we requiring more than this by doing any of this, the states and the feds. No, we're complying with the feds. We're not requiring anything more, but we're not making clear that nothing more can be required. Mm. We're ready for a roll call I Kelsey, I Kelsey go for it I Kelsey, I Kelsey go for it. Mayor approachim Silverstein. Yes. Council Burine? Yes. Councilor Conrad. Um, I'm either a no or an abstain uh, choose one. I will, I'll be a no. Council Stewart, yes. Mayor Riggins, uh, yes, and this will be adopted tonight. No more bringing back. We can make things clear. The motion was to approve, um, this policy as revised on the floor here and every policy is now done. All of the other policies were previously adopted. This was just for issue number 10. And I mean, yes, I'm sorry if I didn't say that earlier. Yes, so that's, that's 4 yeses, 1 no motion carries. Great. Hallelujah. Alright now to your comments, I, I echo with Bruce. If you encounter any delays, if you hear about anybody calling delays, please let any one of these people know, including myself, um, there's no retribution in the city allowed,

period. And as Bruce would say, full stop. So, just want to make sure that that is absolutely clear Uh, that's the way it was when I worked here and that's the way it is, whether I am sitting in this seat or in any other council members seat. It's just not acceptable, and the staff knows that. So, one last comment. Go ahead. Uh, to Danny who talked about Santa Rosa, uh, a couple of weeks ago when the LA Times was a big article that talked about all these places that were being rebuilt. I've read about Santa Rosa. I said, how the hell are they doing that? So I did some research and you were absolutely correct. It is the 2, it's, it's got a flat section, it's got mountain sections, and it's a difference and Danny coming back with the one that was rebuilt so quickly was a non-sequitur based on what I said. Look, there's a bunch of bad information that keeps floating around all over the place, uh try and keep it to a minimum if we can. All right, thank you. One last comment. Yes, there was a comment, uh, earlier for many people who were involved as before we went to a closed session. The comment was made that were stifling comments. I want to point out the fact that the requirements for comments, uh, on the agenda items is limited to what's in the agenda. We had, I think, 3 speakers, all speaking on things had had nothing to do with the agenda item which was about the beachfront properties. It was about everything from resigning, uh, to the getting the results right and so forth. We let that go forward. That's about as open as you can be. I hope people appreciate that, and I concur, uh, there's no retribution in this city. If there is, there will be terminations for that. That's not the way we run the city. We're trying to get people back in their homes, we're trying to move as fast as we can. I'm sorry that some people they disagreement with the presentation It was made just before those comments, but you know, you're welcome to your opinion, and as I've talked to other people about this results matter. We've got to get the

results and how we get there needs to be as fast as we can, so that's all I have to say, you know, and you know what else is someone who compliments us or the staff isn't going to get their permit unless they're entitled to it and someone who complains is going to get their permit if they are entitled to it. It's all based on the substance. It has nothing to do with the personality. 100%. OK, so we are now on 3A and let's decide whether or not these grants are going to be issued, so let's, let's, if we can, let's take one at a time when we do them because let's do the, um, let's let's let's do, let's do the, um, the schools first and then talk about the other one because Doug can leave for the other one. Yeah, Hayle has to leave too. and I do have to make the state that I've made significant donations to the urgent care and an abundance of caution, I'm going to recuse myself from that item. OK, but do we, does your staff report single out or is it at a comprehensive? OK, so if you could do the school one first. Thank you. Yeah, let's keep them all one at a time so we can handle the recusals So we have 4 that we're going to be dealing with. We, so we're going to do school first. and then brigades. Mission Nirvana, are we doing the, you can't. I'm I'm going to get her to care OK, like so just so I understand, um, Richard's going to give us a report on everything but the urgent care. We'll have public comment, we'll make decisions, and then, and then whoever needs to be recused, be recused, and then we'll get a report on the urgent care. You're recused from one? No, I'm not. Oh, OK. Yeah, that. Are there any the recusals? I'm, I'm sorry I just want to clarify. You're supposed to explain why. Oh,

I'm recused myself only on the urgent care, uh, I used to be the treasurer of the, uh, foundation. My wife is the current foundation uh treasurer, and I might also add that uh in both positions I did not have any behest, uh, request and by direction, uh, with the board, my wife and I, neither one make requests for anyone to make donations to the Melbourrgent Care, which strictly there to try to help one with finances. Helen, you want to give your recusal now or is it, I thought I got it Halin. We heard it. OK, no problem. All right Richard, please go ahead. Sure. Um, my pleasure. What we have before you is a brief summary of each of the nonprofits that have submitted a request, the amount that they've requested, a brief description of the service that they provide to the community and um their proposal on how they would utilize funds if they were. funded for this current fiscal year. So as you can see with the malleable Education Foundation, they have requested $315,000. They are a registered 501c3 nonprofit serving all formallow public schools, and they provide fundraising for academic, art and enrichment programs. for this phase, which is the 3rd of, uh, their initial um stabilization period. They intend to stabilize their operations, deepen donor engagement, and build long term sustainability. One of the items that they explained in their application that is not on this slide is that originally they intended to request a much lower amount, but they were heavily disrupted by the Palisades fire and the corresponding impacts that did make donor engagement and fundraising much more challenging. And so it is their

hope that with this award, they would uh be at a point where they could operate independent of city funding in future years. Oh OK Um, if we want to consider the ANF recommendations. Those are on this slide. It was the recommendation of the ANF to award the amount requested $315,000. OK. Do we want to hear the brigade one? Yeah, OK. We should share to us. The first two? We'll hear the brigade So here we have the community brigade. They have requested $100,000. They are a registered 501c3, and they uh played a significant role in the recent Palisades fire disaster, um, they will use funds to equip and train their next cohort of residents to help them respond to, prepare, support, and recover, uh, any future incident that may occur, and so, uh, it is that it was the ANF recommendation to uh support their full requested amount. And in reviewing this, I just realized, um, I signed up for the Malibu Moves race and in that I did the VIP with a donation to Malibu Education Fund. Do I need to recuse myself from theirs. How much was the donation? $50. I, I would think that'd be de minimis. I wouldn't it 10 to it 10 500 that's part of that. Oh, no, there was a single line one. I could just make a donation, I think, yeah, they had a I'm sorry, I do you think a $50 donation would be de minimis. OK. Unless, unless you feel that it is, that it's prejudiced you or in this case. Pardon unless you feel it has prejudiced you in this case and

OK And Richard, what about the third one? Nirvana. The third is Mission Nirvana. They are a new community organization. They did not provide documentation to substantiate their nonprofit status. Uh, they did requested funds will be used to educate and support those impacted by fires in Malibu, so that they can rebuild safely and with quality affordable housing. OK So, um, I have two in-person public speakers. Do we have anybody online? No, there are no raised hands. OK, so, um, Kevin Keegan and Karen Alharin. I am Kevin Keegan. I am a dad of an 11th grade student at Malibu High School. The city of Malibu has been instrumental in helping to launch the Malibu Education Foundation, or MEF. Also, the city of Malibu is leading the effort to achieve local control of Malibu Public schools through the city's unification team. The city council's consideration of tonight's generous, targeted grant supporting MEF helps increase the likelihood we'll one day see a Malibu unified school district. The 2024, 2025 school year was a major setback for many residents and community members in Malibu. Relatedly last year, the Malibu Education Foundation's strategic plans were either interrupted or postponed because of our state of emergency. The general chaos we experienced after the fires. The focus on not only ensuring families like mine who were displaced were able to remain in the community, but that our teachers and students had resources and support to focus on ABCs and learning outcomes. Last year, fundraising was not the priority. Endowments were

not the priority. Instead, last year, ensuring students had homes was a priority. Keeping students enrolled in our schools was a priority. Making sure teachers could get to school safe safely and expeditious expeditiously was a priority. Keeping the lights on at our campuses was a priority. figuring out ways to make up learning for about 20 days of lost classroom time was a priority. Some good news is that despite last year's challenges, the MEF executive Board is now fully functional and hitting its stride. Council members, as we look ahead to the day when the Malibu Unified School District has announced it will be because we established a firm foundation for our school district to succeed. For example, the first pillar of that foundation for a Malibu school district was a community passing measures M and MM with facility bond investments delivered by Malibu for Mali bu In a second pill pillar for our future school district is the work of our Malibu fac facilities district advisory Committee, or FFTDAC, exercising the local control that we desire. MEF is a third essential foundational pillar. Tonight you have an opportunity to express your continued support for MEF through this targeted grant. If MEF succeeds, not only will family students and teachers benefit, but our schools will be better positioned to grow and flourish in a locally led school district. A final note is that homecoming at Malibu High School is this Friday, October 17th at 6:30, and residents and community members are invited to attend the football game and the homecoming festivities. Please vote yes tonight. Thank you. Thank you, Karen Good evening, Mayor Riggins, council members and staff. I'm Karen E Harden with Malibu Education

Foundation. First, thank you for your generous seed funding last year. You helped launch a brand new foundation that's already funding critical staff and programs for Malibu students and allowing our PTAs to return to their advocacy, engagement, and supporting teachers on campus. This past school year, as Kevin mentioned, and we all know our community endured 3 wildfires, 230 students and staff lost their homes. and our schools lost at least 19 instructional days. Despite that, enrollment remains steady. Down just 0.5% year over year and up 2% compared to two years ago. 3% of our students, roughly 35, are on permit, and families are choosing to stay in Malibu because of the strength of our schools and our school communities. Even with 5 months loss to fire recovery, MEF raised $200,000 in our first year outside of grants. And this year we've already surpassed last year's individual contributions and overall given, giving. We launched the MEF Gala, which raised $150,000 in one night and added a new, added new community events. and added new community events like Malibu moves, the tree lot and um we have a big rock burning event coming up in November. Um, benefit screening. Tonight our request is simple to maintain the city's grant funding at last year's level for one more year. Wildfire disruptions erased valuable fundraising

time, and this bridge year will help us get back on track towards self-funding. Accountability remains unchanged. We would continue to operate under an MOU with clear KPIs and quarterly reporting. We've strengthened our internal capacity with a $5000 board give get policy, guidance from experienced executive directors at neighboring Education Foundations and a structured search for professional fundraising leadership, and Pepperdine's service leading support service learning support to develop a long-term staffing and governance plan. Your continued support ensures that we can sustain AIDS, tutors, arts, athletics, and essential student programs and be ready to support unification when the time comes. Thank you for standing with Malibu students and educators. Thank you. Do we have anyone online There is still no raised hands. Yes, OK, close, um. May I ask Karen, a question before you close. Yes, I'm sorry, Mayor, did we check with the teleconference location to make sure there were no speakers there. Kaylynn, do you have anybody there with you? Bill, definitely not Karen is, is, is it accurate that you intend not to have to ask for further contributions after this year. That is our attention, which we intention, which we um shared at the ANF committee. And we also shared that we cannot foresee the future, so it's a, but it is our intention. I use the word intentions. Now the second question is how confident are you that that intention will be able to be um met. I am very confident as long as the city puts a lot of safeguards in place. over the next year. Um but we have a tremendous momentum. A couple of you were at our MEF gala. Um,

we have support from the community, um, and you know, one of the things I kind of stumbled over here is that we've already had two events that were, um, driven by parents that benefited MBF. We had a comedy night at Aviator Nation. We had a Malibu marketplace and the benefit screening um was an opportunity that was is is being created for us. So I, I think that we have a lot of support from the community. We have great momentum, and we have a plan. I mean, that's the important thing. We have a plan. Yeah. The one question I had, what's staff executive director? I know you're listed as the founding executive directors that the formal executive director now, or? are you still searching? Um, we have, uh, we've run interviews, um, and we have, we're waiting for a grant to move forward with um some hiring decisions, um, full transparency, I recused myself from the process. I originally applied for the position, but um, the team has interviewed, I think we had about 30 candidates, um, and they narrowed it down. Yeah, OK. Anyone else? Heylyn, do you have any questions? I do, yeah, thank you. So, um, I know some of your activities, they are wonderful. I just wonder, does the district pay for any of those? They seem like team sports Do you cover a lot of our programming. I just wonder how much the district pays for. We do, and actually that's an excellent question. And, um, a great testament to the value of what we bring to the communities. So we, Malibu Education Foundation founded and funded middle school athletics before we even officially launched as an organization because we knew it was that important to our schools, our kids and our communities, and it, it, it, you know, really showed itself

to be really important during the fires. The kids had something to go back to. We have like 60% participation, but as of this year, the district has assumed funding for middle school athletics. So that means that this is a forever program in our school that we accomplished in just one year. We have funds earmarked just in case, um, the district does not, does not, does not fund it to its, it's full need where no cut, no cost program, so making athletics available to all students and having over 10 sports available, um, which costs a lot in, in coaches. Santa Monica by comparison has a cut program, and at one point they had fewer students in athletics than we did. OK, so I, I, I, I heard that now Santa Monica District is paying for middle school athletics. So they're covering the cost, but you're earmarking just in case they pull it, you'll have that cushion to bring it back. Exactly, exactly. Continuity for the students. Exactly, and I, I should also add that um when we came to the city council, we also went to the district to ask for support and funding and in the first year, they offset $150,000 in costs for us, so they, they also contributed to the launch, um, and this past year they offset $100,000 towards the cost of the athletic coordinators. So they've also been stepping up and and we've used the support of the city to help them help us. Great. Thank you. Wait, I got to follow up now. So, um, how much of the 315 that we're that if we authorize um that you've requested is for the sports program that is no longer being

funded by MEF unless the funding is yanked by the school district. 0. So we have about 150,000 in overhead expenses that include the staffing, um, elements that we talked about. So, um, an executive director, development director, um, we're working with Pepperdine, uh, to bring in work studies students, it's a lot of work and um and we're looking at um uh hiring grant writers. So a lot of that would be um earmarked for staffing um, AIDS cost about 300,000 we fund 4 AIDS per elementary school. That's about $300,000 a year. Um, we fund about $50,000 at the middle and high school, um, math tutors, community service liaison, um, strength and conditioning because so there's a lot more than middle school athletics, and the fact that that's earmarked in the, in our budget, but it may not be used, will help us towards, um, you know, one of our secondary goals, so becoming self-funded this year as a goal. Um, transitioning to a staffed and professionally run organization as a goal, and then um becoming a forward funding organization as a goal. So most education foundations fundraise in the year prior for the year upcoming because of um uh uh employment contracts and things with the district funds are fungible. and we're basically being asked to provide, and I think we're probably going to provide gap funding between what you've raised elsewhere and what you need to hit your budget. If I understand correctly, your budget includes a number which may or may not need to be spent. It's a reserve in case the the school board doesn't fund the sports program, but if the school board does fund it, that

amount, that amount of your budget, you don't need to have that gap filled in because at the end of the year you'll still have it. Am I missing something? No, that's true. So we have about 500, so $625,000 in grants that we've identified 100,000 of that is athletic, so 525, and then another 150 for staffing overhead. So, there's still a need. So what's the amount of your budget that is there as a plug in case you need to spend it on sports, but which is currently being funded by the school board. 100,000. OK I'd like to suggest that the grant, if it's approved at 3:15 include a callback of the 100,000 if it's not necessary. I don't concur in that. I think uh the whole idea of this was to have seed funding for 3 years and uh get them started. They've got other places to put the money and OK, we're not trying to fund individual programs we're doing more than anything else, trying to get them started, and I think that was the idea and I also come back to another comment I'd like to make. when we, uh, looked at this year. the PTAs withdrew their uh request for funding in the uh the 300 or 200 and forgot how much money we had $200,000 grant that we normally give to uh PTAs and Boys and Girls Club, all three of those organizations are all 4, I guess, uh, withdrew their application in favor of us putting that money toward MEF. Uh, this is the last year we're gonna fund this as far as I'm concerned, it was 3-year commitment for funding, um they have done everything we've asked them to do so far. Let their board of directories run it and uh I don't think we have an issue about the the sports program, uh, they've got other money and other benefit, other places to put that money if they don't put it on sports. Hey, look, I'm, I'm gonna rephrase what I proposed. It's still, it won't change what

Doug said, but I just wanna say I, I, I, I think that the, this wasn't explained when we were at the ANF meeting, at least I don't recall it being explained, and my analysis would have been different. I think that the grant ought to be of 215 with an additional 100 in the event that it's needed to fund the sports program. And the reason I say that is, notwithstanding what Doug just said, um, this is a request that substantially more than what was in was supposed to come back to us this year. I understand all the reasons why it's higher, um, but it's supposed to be to fill in the gap between what you need to move forward and what you're otherwise raising, and if in fact the um school district is funding 100,000 more than you understood it was going to fund when you put the original budget together with what our request, the requests were going to be from the city. That means you need $100,000 less from the city this year, but it's not being reduced from the increased request. I don't know if other people followed that, but so my inclination would be to approve 215 plus the 100 if the 100 become s required for sports. I may be outvoted, but I, I need to say that I think that's the fiscally responsible way for the city to manage its money. before you do you question the care? I just want to close Pope comment if we I'm going to comment on what Proust said. OK, thank you, Karen. We appreciate it. Uh, public comments closed. Thank you. Please go ahead. OK, uh, and I hear what you're saying, Bruce. Let me, I, I did some research in this after I saw the first proposal for 300 and the they originally answered 165, um, and I think we said, a couple of years ago that we're going to stop it at 165, so we, we made a statement there and, and I understand, look, they had some problems and so we're we're trying to fill that. Looking ahead what I saw, what, what I seen them do is they put a bunch of programs in place without building the

infrastructure inside to start the fundraising, OK? They've got a nut of somewhere over a million bucks. They got hit next year. OK, for all the programs they currently have running or they gotta cancel some of those programs. Uh, I think that's going to be a huge jump. uh, they, you know, they say they can do that and I, I think they're gonna have to, but I think for, give them the 3:15, let, let them use it to fill that gap because they, they got a problem they're gonna have to try and solve and I don't think it's going to be a simple problem when today they do not have all the infrastructure in place to start the fundraising program the way you would like to see a fundraising program run. So that's where I'm coming down. May I just respond? Yes, you know, I, I understand that and, you know, I I see where this is headed, but um, that was all accounted for, all that, that delta is accounted for in their budgeting as an expectation that they're going to be able to raise that. That really doesn't have anything to do with the $100,000 issue. I don't want to see them come back next year. I mean, that's, that's, look, I, we've, this is we put um pretty close to a million bucks into this program up to this point in time. It's a lot more than what we usually originally planned to do. Now, you know, I understand, and I think it's a good program. I think Karen, you know, has been, you know, diligent in making it work and, and pressing ahead, but I think that's enough. Uh, let's give him the 300,000 and send them on their way and they got, they got to put some work into it this year. That's, that's where I'm coming from. I'd like to make a motion to approve the 315, uh, to the Valbo Education Foundation and at least 2 installments, uh, in order to manage cash management for the city, but you have a proposal on those dollar amounts? 315,000. I thought you said in 2. It's 50/50. 20, 50/50. OK, I'll second. Well, friendly amendment, why don't we just do all three of the ones that were presented, which

is approved that 13:15, approved the 100,000 for the brigade and the 0 for I just have a couple of questions on the brigade. OK. So, but, but I'll say Steve, Steve's persuaded me to change my vote because Steve, Steve's as fiscally responsible as they come, and if he thinks it's appropriate, I'm going to defer. Let's go. Let's do it's just, yeah, let's do it one at a time. Heylynn, do you have any final comments? Happy to support the 315. OK, so can we have a roll call, please? Can we do pay commission I although votes have to be taken by roll call when we have a teleconferencing council member, and I do just want to clarify the motion. So the motion is to approve an award of $315,000 to Salbo Education Foundation in 50/50 installments to approve the request from the community brigade and we're just doing school. We're going back to just one at a time. Thank you very much. Yes, so it's just the request, uh, proving the 315,000 for MEF in 250/50 installments, and it's a motion from Councilman versus Stewar ar t and a second from Mayor Perimm Silverstein. No, Regan Mayor Riggins. OK, thank you very much. So yes, roll call councilmember Stewart, Mayor Riggins, Councilor Conrad. Yes, Councilor Burri, Mayor approach him Silverstein. Motion carries. I have one last comment on the school stuff I'd like to make if I may. Yes, OK. And this is a bit of a *** but we, we have the residents have put a million dollars into this Melville Education Foundation. They put, we put, they have put over $2 million into the effort for separation. and they have put two bond measures together totaling 600,000 $600 million for a school. Now and, and I, you know, they, we did it. And other things. And I think, you know, we, we did it, you know,

we knew what the hell we were doing. My problem is that I'm used to the communities I've lived in, there has been some participation between the school and the community. For example, the residents went in and said, geez, I'd like to see a bigger pool. School told us to go take a hike. Uh, we are looking around the city trying to find it and entertainment center, a place we can run stage programs. The school is building a stage and I don't know why we that can't be incorporated in such a way that the residents could also get to use it, and we can solve two birds with one stone, and, and every time, as far as I can tell, every time somebody suggested that to the school, they told us no, I'd like to see you guys start thinking about it a little bit differently because if you want help from us, it should be a two-way street. So I'm just, I like to see the street become a little bit more two-way, if you could, please. Um, and I'd like to just piggyback on that, um, Steve, I agree. I would love to make a motion for counsel to discuss the pool item, because if we are trying to build a facility or the school district's trying to build this facility for a 40 m pool. I think the council's gonna have to decide if they have the appetite for a 50 m pool because we might have to end up paying for that. So instead of spinning our wheels, maybe we could talk about it at the dais. I've already talked to staff We're going to bring back an item on the next agenda to have a discussion about that. Thank you Oh, I to say, microphone. Um, I will just follow up. I mean, that that's part of the support for having our own district because then with the local control comes the ability for the residents and the school district to have a more cohesive relationship, um, and that hopefully those facilities can find a way to balance the community needs along with. But why do we need a separate we,

we are total control of what we build at school. We don't, we're not, it's all our money, we're spending it, we're, we define what it should be. And so I would think if, if there's some way that the school can provide some, again, I mean, we're running around trying to find locations that we can build a community center, right? I mean, if I get if I got a stage, I'd like to see somebody talking to the, you know, the whoever's building it, talk to the people in Malibu. If there's got to be a little tweak to make it work for both parties. We should be doing that. That's, that's the smart thing for the city to do. I can accommodate this, this children in the school, and I can accommodate the residents, and that's what we should be doing. We just, I wanna just get smart about this stuff. I 100% agree with you. Unfortunately, there are a lot of security issues, and that precludes, um, some involvement of the community when school's in session. I absolutely 100% agree with you that there should be um ways to accommodate community use of those facilities since the community's and I, I mean, look, you know, I know for a handful of 100 1 dollar bills that can fill the room with people telling me they can't get it done. There's got to be a way to do this. So I just encourage you guys to think about that. I think there's some opportunities for both of us, uh, and if you want to, you know, keep getting kissed by the console, I think I gotta get kissed back every now and then. So thank you very much. OK. For, for discussion purposes, I'd like to move that we accept ANF's recommendation for the um brigade and Mission Nirvana. For the, the community brigades and Mission Nirvana, um, Steve, you had questions on the community brigade. Is this a one-time, I mean, is this gonna be an annual request from them? Do we know what they're spending it for, and it's something that's gonna be repeat. I just want, I mean, I don't have a problem with the money. I'm just wondering what the hell we're gonna, you know, we're getting Did they provide any details to ANF on if this was a one time or something that's gonna be an ongoing, um,

to facilitate the program. Neither. They didn't give that information. And I, and I think the discussions that we've had uh separate from ANFL I've had. They're gonna be ongoing uh requirements for them to be, uh, to get funding. Honestly, you know, it's a total volunteer organization while they're attached to the fire department as a VOPs are attached to the sheriff's department. Somebody's got to come up with the money and they're gonna be looking for donations probably every time they can. The only thing that I have heard concern raised. is that, you know, we, we got and I think these guys do one hell of a job. But I think sometimes they egos or their whatever is kids, I mean, they start doing stuff to put them in danger. All right? Uh, you know, during, during the Franklin fire, they were at the end of our street, they were up on the roofs with a little, I mean, you know, there's some scary stuff and they're those flames are coming in pretty quickly. Now, I know they're trained. I hope the training is, you know, deals with that, but I just, you know, we're funding this stuff. I just get, somehow we just got to say, be careful, all right? Make sure we're, they're getting trained and we're not putting them in danger because the last thing we want to have somebody there get hurt, and now we're all going to look really dead, but that's yeah, if I could say just a few things about what I know on this, uh, this goes back to when I was on public safety commission. We originally formed it as uh the idea was a fire fund following operation and the county fire departments picked it up and turned it into even more than that. Um, they are well trained. I think they all have to have the firefighter, firefighter 2 status, which is the entry-level firefighter, um, it's not like they're, you know, equal to the people that are on the trucks, but they are trained to do what's safe, uh, and they have a lot of organizations and so forth, but it's outside of one of the things to be clear about this

isn't just Malibu, uh, this brigade is for the uh entire area, I think of fire district 7 and uh Chief Mahoney's behind it. Chief Smith's behind it. but um we're one of the cities that utilize these people and have volunteers, uh, other cities like Hidden Hills, uh, and I believe uh Topanga and I think uh Calabasas, I'm not sure who else is gonna do it, but all the cities are being asked to support the building of these brigades, and each one of those cities will be asked to put money in as well. can't just say I two comments. First of all, with respect to um potential liability down the line or anybody getting hurt, somebody called this is a request from a um nonprofit organization for a contribution from the city. We're not in charge of what they do or don't do. It's not what it's not a city commission or a city organi they're not employees of the city, so, um, I concur that we all hope that they are safe and don't and nobody gets hurt, but that's not our responsibility to be concerned about. That's theirs. They need money to operate and they're asking us for money. And the other comment I'll make is, you know, Doug and I had a discussion A and after the City's finances are not the best this year for the first time in a long time. And there's a lot of money, but my view is it would come with ill grace this year of all years after all the work they did for us and the lives they saved potentially and the property that they absolutely saved, um, to not give them this request. So, and I, I know you weren't suggesting we not, but I think this one is a no-brainer, I'm all in favor of what they're doing. I think the original model that they had was exactly what Doug said. They were going to follow, fire, and I, you know, I'm just, look, I just they're good, and he, you know, and when these fires start, you know, I, we, I sat through, I sat through the Francophile. I stayed up all night and watched people work that stuff that gets scary, right? I mean, so I just want to make sure, you

know, look, I agree with that, I think they're doing a good job. I want to make sure they get funded. I just want to encourage them to be as safe as they can as they go through and do this stuff because this, it's a dangerous proposition. Mayor, yes, I was just going to recognize you. What would you like to say? Appreciate it. Um, one, do we get the tax write-off for these? Are they 50, they're 501c3s, so hopefully the city's a taking, are we able to do that? We're a nonprofit to begin with, right, OK. And then are there any audits? So when I give, you know, charitable donations, I asked. I sometimes ask, how they've been used. I'd love to see after the fact, and I'm all for philanthropy and giving money, but it'd be nice to know how the money's been spent. So do we ever have like a follow up? I will tell you what I, what I know from the discussions with them once again, I'll off ANF outside the ANF, it takes between 300 and $5000 to equip each one of the brigade members plus they have to have training and recurring training which costs money, so they are constantly uh spending money on equipment and training. of where the money is it an engine, um, or for MEF is it soccer uniforms? Is there any sort of follow-up from previous years? So, uh, I mean, with MEF we get quarterly reports on what they're funding and everything with the community brigades, um I mean, just very crudely, I think we saw their action and Franklin and Palisades Fire, and they more than um earned the the the

donation from the city on those things. Um, yeah, I think that there should be, you know, um, when they come in future things, I believe they submit a report to ANF and the city of exactly what it is that they are requesting the funds for. I just say that there's going to be spent. All of the organizations that request a contribution from the city have to demonstrate their historical use of funds or what their and what their financial position is in their application. Um, no, we don't make any um effort to monitor what they do with the funds they've requested on an ongoing basis, but if and when they come back for another request, they have to back it up again with information about how they've spent their funds going going backwards. So, you know, it's, it's, it's, we, we, we are making a grant. We're, we're making a um a bequest essentially and if we do it, then it's their money and they're not telling us specifically what they're going to spend it on, um, but if they come back to us and ask for more money, then they'll have to show us what they spent money on last year to justify their request going forward. I'll also add that we require, I think each time the 51C3 makes a donation request that we get a copy of what's referred to as the IRS form 990. Then that's the financial statement, statement of objectives, results, and so forth, um, for each one of the organizations and we get those from each one that has a 501c3. The grants also require reports, so I think those are submitted, so those could be reviewed if anyone wanted to see those reports. I'll make a motion to approve the $100,000. I'll second the motion I already moved, I was gonna say I thought we had a motion already. Do we have a second? OK, roll call, please. is this, is this just on the brigades and the motion on the floor was to accept ANS recommendations for

the brigade and Mission Nirvana. That was to award the grant for the brigade and not award the grant requested for Miss Nirvana. So it's and Councilor Maruri, is that your second? You bet your life. Mayor Prote Silverstein. That was my motion. Councilor, yes. Councilor Bing. Councilor Bonrad Council ver Stewart, Mayor Riggins, motion carries. say goodnight to Doug and Helen. Yeah, thank you for being here. Thank you, guys. Haylin's meeting will stay open, but she will not be able to participate in this, and she's recusing herself. Helen, is there anyone there to comment on, um, the urgent care? We, we already took public comment, didn't we? Right, we had a report. Uh, we didn't have the report yet, so I was just. being tired. I don't know. Hey Richard how do you feel about giving us an urgent care report. Here's what you got. Uh, what you see on the slide in front of you. we have a request from friends of Malibu Urgent Care for $100,000 Um, I will point out they are a registered 501c3 and volunteer-led organization that provides support exclusively to Malibu Urgent Care, as they stated in their requests, funding will be used to sustain the clinic during a period of financial hardship, where they've seen a significant dip in customers, uh, they estimate that the decline is approximately 30% for this current year and so um beyond that, uh, the, the details were, were, uh, quite brief, so um I believe when we deliberated with ANF, they um they uh, they wanted to defer this decision to the full council. OK, and I would guess that because one of the members

on ANF is just one of the members that recused himself. So, uh, Bruce, do you want to add, do we have anybody public comment on this one? Anybody wants to speak on this one? Anybody online want to speak on this one? No, no, no raised hands. OK, well, close public comment. Bruce, do you want to add anything? Yeah, I mean, well, I'm, I'm gonna be a no on this one and I don't mean to sound like the Grinch on this one, but I'm, I'm going to be a no, so it's gonna actually if it's gonna be approved, it's gonna have to be Steve and Marianne. You're gonna vote for it. Um, the reason I'm gonna know is that this is not an application by the urgent care. This is an application by a charitable organization that was created to fund, to make contributions to the urgent care. We don't know what the urgent care's finances are. We don't know what, and moreover, the urgent care is owned by the doctors who work at the urgent care. We don' t know what the doctor's finances are. We don't know. We don't know anything other than that there's a organization that exists to fund a privately owned for profit organization, and I know how important the urgent care is to Malibu, but to use an extreme example, it's just the same as if somebody created Friend of Walmart. Walmart. would need to provide why it needs money, it wouldn't be the charitable organization that would just show, here's our balance sheet, we don't have money, we need money to donate. So to me this is an opaque request and I don't see how we can fiscally responsibly grant money to an organization that provides opaque information. If the urgent care wants to open its books and show a financial need that the Friends of Urgent Care was created to, to fill, then I would feel completely differently. But right now we don't have adequate information. It was helpful. I mean, because the question, hey, when I looked at this thing is why did we leave them out and, you know, and, and you, your rationale is good. Uh, I mean, urgent, I mean over the last two months, I've gotten two re you know, one person fell down, busted

their head open, went to urgent care and got fixed up right away. Another person had their irregular heartbeats and were able to go there and get to the urgent care is doing a great job for the city. I mean, and it's an important operation considering, you know, the nearest hospital is down someplace in Santa Monica and that's a hall. So, um, I'm just sorry they didn't come back. The urgent care folks didn't come back versus uh to request the money because I, I would have given them in a heartbeat. Well, see, the, the urgent care can't request a money because they're a for profit organization, but they, they, but my view is they need to back up the Friends of Urgent Care's application by showing why they need the money. So their application didn't outline because I know they are fundraising for well the urgent cares fundraising or the friends of the urgent care fundraising for the new building. I think it's the friends of urgent care. They did not provide that level of detail in their application. Again, I go back to, you know, look, I, I think, you know, getting clear information, we're starting to hand out money is an important thing to have happen, so we, I don't think this is as clear as I had hoped it was going to be, so I'm, I'm going to agree with Bruce on this one. Yeah, uh I, I'm gonna go with you guys because as much as I think that this is a valuable resource to our community, and I think that um they have provided services and they know they provided services, especially to a lot of residents during the fire. Um, is it possible that we can not do this and request additional information, um, but, I mean, there's you guys have an appetite for just like not making a decision on this one at this time and requesting they provide backup for what these funds are gonna be or why don't we just reject this request and if they want to come back at some point with further information, they can

always ask us to give them a grant, and we can either agree to it or deny it. Can they do it outside? I mean, because this one's been held over from the grants during a regular time. So there's usually once a year that we ask or put out that we're available to grant. All of these were outside of our regular grant program. We, we, we allocated fully the the grants in the grant program other than these four and these 4 were put put forward as these are special requests that the city council can consider and either approve or not, not, they're not pursuant to the regular grant program. The city council only authorized the $200,000 fund which we fully allocated before tonight. So if um if it's the council's pleasure, they could direct that um if the urgent care wants to resubmit additional information, they can send it to ANF and then ANF would have the ability to bring that forward to the full council. I was just asking a clarifying question as to whether or not any rules in the city preclude that request coming in outside the regular grant period. Bruce is making the argument that gave the Education Foundation money without that Trevor or no, all the grant applications came in at the same time though. Last year, when the first time from Education Foundation. They're all on the same list. Trevor, isn't it the case that anybody can submit a request for anything they want at any time, and the city can either grant it or deny it. Yeah, I'm, I'm not a, I, I'm not aware of any prohibition of to prevent this, um, because it's separate from the regular program that has an allocated pot and so you're not taking out of that, uh, out of that that's what I'm trying to, yes, we took it out so that it wouldn't that we would have special attention paid to these additional above the line typical grants, but it came in at the same time as the regular grant requests. So I'm So, I'm fine with saying no at this time, and they can come back in the, during the regular

grant program that we do in the spring, as part of our next thing. Come back at any time. My, my suggestion is we, I'll move that we just deny this request or or adopt the staff rec is the staff, is there a recommendation one way or the other or no? No. OK, so we deny this request, and it is the fact that anyone who wants to request any kind of a contribution from the city at any time has the right to do it and provide information. It's like I make a grant request and the city can grant it or deny it. But I think that the city's intention and history has been that we do those at a certain time of the year. I don't want to be getting grant requests from everybody. I want them organized in a time frame that we have traditionally done. You like process, I like rules. Stick to the rules of what we've done in the past. I don't want staff having to deal with a bunch of stuff outside there's, there's nothing to stop 100 different people over the next 100 days from submitting requests. Yeah, we can sell them, submit to when we do our grant. process in the fall, in the spring. Let's just cancel this one and see what happens. OK. Sounds great. Mayor, one point of clarification, the way we, uh, consider this item because we first sought clarification on the nonprofits and the amounts that they would be eligible for, and then the second part that we need is um. authorization, uh, I'm sorry, appropriation of funding these funds were not approved as part of the budget. We can't do that tonight. It wasn't noticed for that, but we can bring back an item my consent to adjust the budget with the appropriation for it. It's just, just procedurally clarifying that you're absolutely right. This is the first step and then the next step will come at the next meeting. Got you. My motion is that we deny this request. I'll roll call. Mayor approach him Silverstein Yes, Councilor Bing. Mayor Riggins, motion carries. OK, uh, that will conclude our

agenda tonight. OK, this is ridiculous. We are adjourned. We're