City Council - Regular Meeting

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October 27, 2025 regular meeting of the Malibu City Council is now called to order. In-person participants, if you would like to speak, please submit your request to speak form to the clerk, remote participants who would like to speak, please join the Zoom webinar meeting printed on the agenda, and raise your hand in zoom when the autumn you wish to speak on is called. May we please have a roll call? Council Conrad, here, Council Stewart Councilor Eing Mayor Riggins, here you have a quorum with Mayor Protem Silverstein absent, but he will be joining the meeting shortly. Thank you. Um, do we have any remote speakers? Oh. No, we don't have any raise hands on Zoom for the closed session. OK, so let's hold that our in-person speakers, I have Megan. and I have Ann, please come to the podium. Welcome, you have 3 minutes. 03. Great. OK. Hi, I'm Megan Lori. I'm a long-term resident of Malibu. I was born and raised here and I have my 3 children. We were here until the fire. Um, I want to talk to you about the permanent city manager. Um, it's now been over 3 years since the city of Malu has an effective and engaged permanent city manager. Well, Candace Spahn has stepped in admirably as acting interim city manager this time of crisis requires consistent permanent leadership. So when fully empowered to make long-term decisions and guide Malibu through this challenge we face. With everything Malibu faces are terrains, fires, floods, homelessness, PCH safety, and constant tourism pressures. We cannot continue with only an interim manager. Malibu deserves better. The city and its residents need a steady hand and real leadership and clear direction. Right now, the city council has been forced to act as both the city council and the city manager, and that is not sustainable. Until a permanent leader is in place, I would urge the city council to meet weekly because we are in crises I um until a permanent leader is in place, OK, I've pulled the names of

every coastal manager in California. um city manager of California with experience similar to Malibu, and after reviewing them, David Kiff of Laguna Beach stood out as an excellent benchmark. But when I compared his background to Glen Bessera, Glen matched him point for point and in several areas even stronger. Glen is local. He understands regional politics, and he already has the relationship with the people and agencies, Malibu depends on. Your own constituents, the residents of Malibu, have asked that Glen Beserra be given the opportunity to interview for this position. These are not isolated voices. They come from people who live here, rebuild here, and care deeply about how this city is led. So the question becomes, why haven't those requests been answered or heard when the community speaks clearly about wanting qualified engaged leadership, the council has a duty to listen. At the very least, Glenn deserves a chance to sit down, share his vision, and let his experience speak for itself. You don't have to come from inside City Hall to be effective city manager, some of the most successful leaders in government started their careers outside the traditional administrative path. People who have proved they would could motivate teams, unite communities and deliver results. What matters most isn't the job title Someone once held, but whether they have the skill set, temperament, and vision to lead effectively. Glenn Besserra clearly demonstrates that He has spent decades building coalitions, solving problems and navigating the complex web of staff. OK. For Malvo's current moment marked by fire recovery infrastructure, rebuilding, and regulatory fatigue. Glen Bessera edges out the field. He's unique combination of regional influence, technical understanding, and local relationships make him the candidate most capable of restoring direction and momentum to Maalba's government. Um, I'm just asking that you look at Glen Beserra, um, as I said, I took this morning and I went through every single city manager in the coastal cities,

so. Thank you, Megan. Megan, just for your, I spent an hour and a half with Glen Besser at breakfast a couple of months ago, so it's not like we haven't talked to him. OK. And Megan, I've, I've talked to him as well. Everybody else give their disclosure we're making comments on that, but I, I talked to him and think he deserves an interview, so we have a disagreement among different people up here as well. I'd love to give him an interview I've also met with them and um had lengthy discussions with them, so. thank you for the comments. Anne? OK, here we go. A me, and that was really good stuff. Good job. Thank you. But for being is just, I forgot what time it is. Before I begins, I'm just, I apologize for not having been here when the meeting started. I was in a meeting with, um, Yolanda and Tyler on some building issues. The clock on the wall in the conference room we're in said 3:59 when I left and when I got down here, it was a different time, so I'm sorry for that. We'll, we'll direct staff to get all the clocks in, uh, more clocks and calendars in the rooms. I noticed that more clocks on the wall up there, clocks. Your time has started. OK, so, um, ditto what Megan said, and the other thing too was on the school board, um, obviously it needs to be done or separated from Santa Monica, shouldn't be the same. And I feel like it's just theater all the time, so I don't know, it's kind of a unique community that seems a little different and so I appreciate uh your time and you do what's right and thank you. Hearing that a lot lately. Thank you OK, still no up raised hands on Zoom? Correct. No raised hands on Zoom. OK, um, we will now recess to closed session to discuss the items listed on the closed session

agenda. We will reconvene at 5:30 to begin the regular

session and hear the closed

session report. That's what I'm

scared. OK. The October 27th, 2025, regular meeting of the Malibu City Council is now called to order. In-person participants, if you would like to speak, please submit your request to speak form to the clerk, remote participants, if you would like to speak, please join the Zoom webinar meeting printed on the agenda, and raise your hand in zoom when the item you wish to speak on is called. May we please have a roll call. Councilor Conrad, here, Councilor Stewart. Councilor Ura Mayor Proton Silverstein, Mayor Riggins here. you have a quorum, OK? Let's do the Pledge of Allegiance, please. Hand over your heart Ready to begin. I pledge allegiance to the of the United States of America and to the Republic for which it stands, one nation under God, indivisible or deliberately ended up for all. one OK got it. May we please have a closed session report. Yes, at 4:00 p.m., the city council met in open session recess to close session. All 5 council members were present and no reportable action was taken. Thank you. May we please have a report on the posts and the agenda? Yes, the agenda for this meeting was properly posted on October 17, 2025 with the amended agenda posted on October 20th, 2025, and the second amended agenda posted on October 24, 2025. May we have an approval of the agenda. I'm moved to approve. I'll move to approve, and I'd like to uh a churn in the memory of Barry Haldeman. Uh, he's a longtime resident of Malibu and I'll say this, he was an icon in the entertainment legal profession, a true Malibu gentleman and a monument of leadership for many years here in Malibu. And we

also um have been requested to adjourn in the memory of San Bernardino County Sheriff Deputy Andrew Nunez, who was killed earlier today. And um do we want to reorder? Is that at this point or? Yes, if the council would like to reorder the agenda, you can make a friendly amendment to this motion. I'd like to amend that the item 70. Yes, please, thank you, be pushed forward, um, in the the agenda and earlier between after item 3, but before item 4, the earliest it can be. OK, thank you. So as long as it doesn't, uh, we'll have to wait till 6:30 no matter what. So, um, I will do the makers of the motion approve that adjustment? Which try to miss it? It is the fee waiver uh for the veterans item 70. 7D. Certainly. I, I don't have, I don't have a problem with that. OK. Can we put that, can we put that before the, uh, 6:30? We can't do it before 6:30 now. OK. All right. Thank you. All in favor? none opposed. Thank you. OK. Next item is the consent calendar. Uh, remote participants, please raise your hand and zoom if you would like to speak on the consent calendar. Do we have any remote speakers? No, we don't have any speaker slips or raised hands for the consent calendar. OK. Um, with counsel like to pull any items on the consent calendar. I'll pull 1B7 1B7. Anyone else? 1B 8. 1B8. Anyone else? 1414 Trevor, do you need to pull 1B 10. Don't need to pull it, but just for the record, there's a typographical error and 1B10 in the agreement, the first paragraph, the date should be listed as today's

date, not March 20th, 2025. OK. And 1B6 please. OK, so I have 1B4, 1B 6, 1B7, and 1B 8. Yeah. Move to approve the consent calendar excluding one before, 67, and 8. 2nd. A second. All in favor. OK, 1B4. Would you like a staff report? Um, I don't actually. I would like to ask I just want, I have a really quick question. How did we come up with who decided, um, this firm, but I can't pronounce her name Gori. Uh, I don't know I actually can't even find the name, but I'm just curiousberg McQulkin. That's right. Thank you. Is that our treasure? I just wonder why we're not with a bigger firm like. Chase or a bigger bank city manager. These are decisions made prior to my arrival, um, an unfortunately, I'll have to get back to you on why they selected them several years ago. OK, thank you. You're welcome. I will say I believe it's part of Wells Fargo. Oh, OK, so it's a part of Wells Fargo, I think so. And these are pretty tame investments. This is, this is, this is buying CDs and treasuries, it's not much. Yeah, I was just wondering if how this firm came about in the history of it, but thank you for getting back to me on that. OK, um just receiving file The mayor, without objection, you can receive and file the report. Any objection? No. None? OK, we receive and file that one. Great. Uh, 1B 6. Amendment to agreement with ultimate maintenance Services Incorporated. That's me again. Quick question, um, who, this

is for the skate park only, correct? The amendment, yeah, I was wondering who does the bluffs and why are they not? It's just not one big management company instead of two separate, uh, thank you for the question, Council member. Um, ultimate Maintenance Services does provide custodial services for all of our parks, as well as City Hall. The amendment is just to add the skate park to their service. Perfect. Thank you. That was my question. Anything anyone else Do we have a motion Move to approve 16. All in favor? All right. OK, 1B 7. Yeah, question. I mean, this is for this right hand turn lane over at Trinkets. This has been going on. Why are we paying for this? I thought this was a Caltrans deal this funding is our measure, I, I believe this one was Me our transportation funds from uh Metro OK, we got to pick Caltrans is not covered under Caltrans, we have to pay them to do this. This is a hard transportation funds we get from Metro. That's allocated towards this project. This project has been in the works for probably a long, long 9 years or something close, close to that, yeah. Yeah, we're at the last little, I mean, we're at the 11:30 hour mark on getting this approved and moving forward, and this is just like an amendment to help us help us get it. done, right? OK, I'll, I'll make a motion to approve. I have a question. Go ahead. Sorry. So, um, how will this factor into the PCH repaving safety plan. It's not redundant work they're aware of this. Correct, yeah, they're aware of it. Um, this will be done well before, um, any repaving job that the Caltrans has done. This is a, a real simple, um, there's a couple of curves that need to be replaced and, and a lot of some striping that will happen and then um Caltrans will come in and rest. tri pe but after they pave it.

OK, thank you. I'll make a motion to rule 1B7. 1 2nd. I second. All in favor? Then a post-Greek, uh, 1B8. All right, I pulled that one. Couple questions. Uh, first of all, is the $1.6 million already the is that the fee that's gonna be charged for changes that are already in the works, or is this just $1.6 million to be used for changes that may or may not come up in the future. That's a great question. Um, this is, this is the additional funds we have in our measure. M project for, for this funding and so we identified two things, uh, to change orders that will enhance the PCH safety, um, synchronization project. The first one is a safety adaptation system. It's a system that's going to detect when speeding it is on PCH and will adapt a signal timing to um have more red lights and slow, slow traffic down. This is a very innovative uh product that we've worked with uh Caltrans on this and uh I think it's going to be a very good safety improvement. Um, so the, so that change order will include additional cameras, loops, um, some, some signal timing and some program that goes along with that. So this is already something that's in the work. It's just a question of we're we're we're we're really not approving your discretion to spend money for change orders. We're actually, you're telling us what the change order's going to be, what it's gonna cost, and you're asking us to approve you're extending it to do that change. Yeah, yeah, it's, yeah, it's, yeah, it's kind of a both things it's is to extend that that contingency, the 1.6 million, and I, I am coming through to you now saying I identify these two things. Uh the second one is goes along with our, with our speed

enforcement camera system, um, that system requires it, it's 5 locations, but it, but it requires uh infrastructure like new signal poles that go along with that and um we're able to tie that in with this project and be able to have our contractor do it and secure the the uh signal poles are signal timing on or our project timing on this one is the beginning of the year and this will allow us to meet that deadline. It's, it's getting the polls is a very long and drawn out process to her the polls. OK, thank you. I'm, I'm gonna, I'm gonna move to approve this and I'm going to vote to approve it. I'm just going to make a comment which is that it has always struck me as odd that um significant change orders can be approved, um, just based on one on one discussions with the contractors, whereas the initial contract itself has to go out to public bid. Change orders can sometimes run up as much as the initial contract they can possibly even exceed the contract, and to me there's something wrong with the system that requires public bidding for an initial contract, but then allows the city to make unilateral decisions based on conversations over subsequent expenditures which which can be significant. Um, and I, I, I completely trust the people that are involved in this decision with respect to this contract, Rob in particular, but it, it's to me it's a system that lends itself to the possibility for corruption. because somebody can be the winning bidder, deliberately underbid others, possibly even at a loss, knowing that there's going to be a deal for change orders down the line, which can be overpriced and in the end, the low bid becomes actually the highest bid possible. So I think the way that this process works is problematic, but I understand it's the way the process works. Can I say something? Oh yeah, it, um, for all of our construction, um,

capital projects, uh, we estimate between 15 and 20% of the original contract price for contingencies that go towards uh change orders. Change orders do come up, they're, they're change of condition that uh we typically see, and, and that's something that those change orders are really strictly um negotiated by staff and looked at too, and believe me, that's my fun part is that part of it is is quite enjoyable. Um, and, uh, it's very rare we come to council to adjust those that percentage, um, this one here we have this additional funds where, you know, we have have some enhancements that we're trying to do to do this. I think I've only done this on two separate projects where we asked council to increase that price was this one and then another, another grant project we had on Broadbeach. All the, all the other projects that we've done, we've, we're well below the 15, 20% of contingency, the normal change orders that we would expect on a project. So I, I appreciate your, your, your, your, uh, your, your comment, but and, and that's just something that I that I I want to let you know is like we take this very seriously. We look at it and we make sure that um the city is getting a very good, very good bargain for these change conditions that come up. Thank you, Rob. All right, so I'll move to approve item 1B8. All in favor and the post. OK Uh, so that will be the balance of that, um, we are onto ceremonial presentations. So we'll invite Malama moves up for their, um, overall donation. I think we're gonna have Erica

Siegel of Malibu Moves give a Can you hear me? Yes. Good evening, Mayor, council members, city managers, staff, and of course Malvo residents. I'm pleased to share that the 2nd annual Malibu moves went on smoothly without a glitch, with minimal community impact in an incredible show of spirit and support from residents. This year, the event raised a total of $83,000 and $600 83,000 $600 for charity with 70,000 staying right here in Malibu. $30,000 will go to the Malibu Education Foundation, $35,000 to the community brigade. Woo hoo, and $5000 to the Emily Shane Foundation. After the fires, we knew we wanted to create not just a community event that brought people together and lifted morale, but that also helped Maobo become a more resilient community moving forward. Supporting the community brigade, felt like the right way to honor that mission. I want to thank the city for believing in me and my team. and awarding us the contract. The city staff for their outstanding support and of course the Malibu residents for showing up with so much pride. Among notable attendees, we were honored to welcome Mayor Riggins. council member Stewart and Conrad, Commander C2, Nick Ferries from the Senator Ben Allen's office and Austinir from Supervisor Orbeth's office. A few fun local highlights I want to

share. about 150 participants were from Malibu, making it the 2nd largest group after Los Angeles. Who hoo. We had over 100 kids in the kids run and more than 100 participants in the new 1 Mile Zuma dash on Saturday. Our mayor completed the coastal class challenge running both the 1 mile and the 5k. Congratulations, Mayor. Local resident Patrick Renner placed 2nd overall, uh, for the half marathon with a time of 1 hour and 17 minutes and 12 seconds. Just remarkable. 14 years old Atticus right here, uh finished 8 overall, 4th in the male division and first in this age group for the 5K and also completed the Coastal Quest challenge. Chris Weisner also here, um, completed the half marathon and uh also PR and he did that with his wife who completed the 10a. So congratulations to both. I'm incredibly proud of what this event brought to Malibu, a true celebration of movement, community, and resilience. Now I'd like to hand it over to Karen and uh is Ellen here? No. Oh, Michelle Michelle is here. Um, that will speak on regard of the Malibu Education Foundation and Emily Shane Foundation, and after that I would love uh Keegan and Mikey from the community brigade. We'll share a few words about their experience. All of them completed the 5K, so congrats to you. All right, thank you. Thank you, Erica, uh, on behalf

of Malibu Education Foundation. I want to express our heartfelt gratitude for this generous contribution from Malibu moves. What makes this moment especially meaningful, is that both Malibu moves and the Malibu Education Foundation were launched at the same city council meeting last year when the city approved our first seed funding grant and awarded the race contract that brought this incredible event to life. We've truly grown together, each focused on strengthening Malibu's vitality and connection. The funds raised through Malibu moves will directly support instructional aids, tutors, and enrichment programs that help our students recover from lost instructional days and continue to thrive academically, artistically and athletically, at the event, we were able to share fire facts with a lot of the people from out of town. So to help them understand the impact of the palisade spire and not just on residents, but on our students and staff as well. Um, and this event really reflects the very best of Malibu is Erica shared. Community spirit, perseverance, and shared pride. It's inclusive and encouraging nature inspired so many to run their first 5K or half marathon, myself included, a special thank you to Erica for her leadership and vision, and to everyone who helped make Malibu moves such a powerful celebration of community and movement. And tonight, I'm especially proud to introduce Atticus to say a few words. One of our Malibu students who truly embodies that impact, a reminder that every 1 mile run and every $1 raised helps make lasting a lasting difference for our kids in our schools. Atticus. Hi everyone. I just want to say a huge thank you to Malibu moves and Malibu Middle School, Melbourne Middle School,

and Malibu Middle School sports, and especially to the Malibu middle school education Fund for supporting and funding our middle school sports programs. None of this would be possible without you. Running has become something I truly love. It's taught me discipline, teamwork, and how I believe in myself. I'm so grateful for my coaches for always pushing me to do my best and for my teammates to make every practice and raise fun and motivating. Thank you. thank you all for helping me grow and giving me a chance to do what I love and for making Malibu such an amazing community to be part of. Thank you. Normally, we don't allow so much um applause for this stuff, but this is a special occasion and I think it's absolutely warranted. So, uh, please, I, I was just reflecting, um, how awesome I mean a big passion of mine is the youth in Malibu and try to empower them more so what you're doing is great and then I've been working with Michelle on a lot of the fixed PCH stuff for the last couple of years, so I just feel like I'm in really good company to be up here, um. the donation means a huge amount to the brigade. We, you know, last year before the fires, it was, we were scraping to get by, so every penny really helps. And for me personally, uh, being a mal resident, I've never partaked in any of these uh marathons and stuff, and on Saturday, I brought my 5 year old daughter and she ran the 1K and I ran with her and she's like, Mike, I'm cramping on, you could get through it, you get through it and and uh that that was really cool having that opportunity and then I ran with uh Gen C2 yesterday, um, I'm really sore this morning, so, uh. I, it was just a really incredible event and it was organized incredibly well to really see as like a, as a resident here to see how there's no traffic going in and out and um so hats off to you guys and your team for like really putting on an incredible event and looking forward to seeing it next year. Thank you. Yeah, what a, what a great day. What a great community event. It's just was, it's so seamless, Erica. I, I, it just, it was,

it just flowed really well and the highlight for me is seeing you crossing the finish line. I just happened to turn around and I'm like, no way, that was awesome, but as far as brigade goes, we start our, our next cohort on Saturday. They start training and um and we have, as you know, some red flag conditions coming, so it's go time again for us. This means a lot, Erica, it really does like Keegan said, every cent counts and um. I just remember starting the 5K. I could hardly walk about a year ago, and I walked it and sort of wrote and ran a couple parts because of the crowd, but, uh, this year, uh, my wife said we're walking, and then we got to the start line and she just took off on me and I'm like, are you kidding? So, the furthest I've run in years, it was awesome, and thank you for that experience, so. Mayor, I want to acknowledge that we're taking time. Do we have a minute for Ellen, or should we we always have a minute for Ellen. Thank you, thank you so much. I have to say this was an where's Erica? That was such an amazing event. I have never done a race before and it was the spirit of this community, and people coming together. It was beautiful and I was so happy to be part of it. So I'm very grateful to Erica, and I just want to say to given what Mikey said, I just got to tell you guys. So when I went to check my result, they said, you came in 5th in your age category. Now I want you to know I was walking with two friends, and they kept me back. I felt like. I, I felt like going like faster, right? And I was sort of like slowing it up and when I saw that Erica, I said, you know what? I'm doing this next year. I'm not walking with them. I'm gonna boogie and I'm gonna get placed so that's what I wanted to share, but I, I just thought it was a wonderful event. We're so

grateful and um, thank you, Erica, for for presenting the whole thing and putting it together. It's really wonderful. Thank you. Yeah, I was going to say that that I had a great time both days out there were just fantastic and just seeing the community, seeing how many people are out there on Saturday seeing so many parents with their kids, um, and really just creating a, a legacy project. So congratulations and it's really fun. I'm looking forward to next year and hopefully, maybe we'll have a Malibu City team next year, our council team or something. Do that, please. Yes, absolutely. Any comments from the, yeah, I would say I, I remember the um hearing at which we awarded this contract. I think there was some controversy and Erica was maligned to some extent during that hearing, and this proves that we made the right decision. Thank you, Erica. We appreciate it. and I agree with uh Bruce's comment about uh a couple of years ago, and I have to tell you it's amazing to suddenly see this spring up out of nowhere for one weekend out of a year, and it was run flawlessly, and if we do the uh city council, uh event. Let's make sure nobody reports the times. I can make that anonymous. Well, I'm gonna, I, so I'm gonna put a challenge down. So, you know, council or their representatives should uh be out there. This is recorded, right? I agree with Doug. I just want to say it was so awesome. So thank you all for putting on such a cool event and um let's do it next year. Thank you. Uh, do you want to do photos with everybody? Yes, please. I, do we have a staff member that can take some photos, maybe any day, any day yeah. Thank you. By the way, I

told Karen, she can't cash the check twice. Right, absolutely, and I will say, um, you know, Pepperdine was there. They were very well representative. They had their rise program out there, and they had a great booth, um, and, um, a number of other uh national sponsors that were there too. So thank you, Pepperdine for being a good community partner. OK All right, we are on to commission, committee, and city manager updates. Do we have any commission commission or committee members to give an update? No, we don't have any commission or committee updates. OK. Inim city manager bond. Hi, good evening. City of Malibu. I'd like to take this time to introduce our new deputy city manager, Francis R. Colley. She is when you stand up, Francis, Francis is a former Malibu resident and attorney with deep leadership experience across multiple sectors. She is a career government relations professional with practical experience at the local, state, federal, and international levels across the public, private, and nonprofit sectors.

She most, she most recently served as a senior counsel in California state government and recently served as a senior couns el in California state government and previously worked for the City of New York under the Bloomberg administration and Bloomberg philanthropies. Welcome to the city of Malibu, Francis. All right, it's voting season. Bal for the California statewide special election on November 4th were mailed to all active registered California voters beginning October 6th, mail-in ballots must be postmarked by November 4th and received by the LA County Elections Office no later than November 12th. You can still register and vote in person at any vote center up to and including Election Day, are in-person voting center vote centers are as follows. The 11 day vote center is right here at Malibu City Hall. From now until November 3rd. It's open from 10:00 a.m. to 7 p.m. and on election day, November 4th, it's open from 7 a.m. to 8:00 p.m. The four day vote center is located at the Christian Science Church, Malibu at 28635 PCH. November 1 to 3rd from 10:00 a.m. to 7:00 p.m. and on election day, November 4th from 7:00 a.m. to 8:00 p.m. Dropboxes are located at the Malibu Library, um, and it's available to you 24/7. Voters in LA County may drop completed ballots at any vote center in the county. We invite everyone to learn about Malibu school separation at our town hall meeting Wednesday, October 9th at 5:30 here at Malibu City Hall. Come here and learn about what school separation means for our community. On October 17th, Councilmember Doug

Stewart joined friends and family of the four Pepperdine students who were tragically killed on PCH. in honor of those lives lost two years ago, the city and its partners, Caltrans LA County Sheriff's Department CPH and Pepperdine. um, they are clear that they're taking concrete actions to make PCH safer for everyone, including our partners in the back, shall I see you back there? Right. We have some award winners in our midst, um, I don't see her here, but uh, CDD director Yolanda Bundy received the 2025 International Code Council Official of the Year award, and the Community Services department was recognized by California Parks and Recreation Society for its role during the palisade's fire. Congratulations to both Director Bundy and Director Rico. from the Community Development Department. a few updates on October 15, the CDD hosted a community meeting for rebuild families offering updates and guidance and personalized support CDD also met with zone Captain Karl Randall and Las Flores beach homeowners affected by the palisades fire, the next Las Flores beach zone meeting will take place this Wednesday here at City Hall at 11:30 a.m. They also held a community session for approximately 30 to 40 families impacted by the fires. The session included updates on resources from partners such as the SBA, the LA Economic Development Corps and the boy y s and Girls Club of Malibu. The next community meeting is scheduled for November 18 here at City Hall At the October 15th meeting, the city council approved updated rebuild policies, including the remaining item number 10 beachfront development, and sea level rise policy, woohoo.

Please make sure to learn who your zone captain is by visiting Malibu rebuilds.org backslash zone. - ca p tain s The city is holding weekly meetings with the rebuild zone captains. They are a vital bridge between fire-impacted property owners and the city. If you need immediate assistance, call 310-456-2489 extension 400. Malibu launched the Aristar eCheck AI tool that helps speed plan review and improves consistency and approvals. This is only for volunteer use. It is not required. um, from environmental updates, there will be an urban tides walk on November 6th from 8:30 a.m. to 10:30 a.m. at Point Doom State Beach, please join the City of Malibu and USC C Grant for an urban tides beach walk to explore and better understand how sea level rise may impact our local coastline. On November 12th, the city of Malibu is partnering with the West Basin Municipal Water District to host a fire escaping workshop on Wednesday from 86 p.m. to 8:00 p.m. at Malibu City Hall. From public safety on October 15th, City council approved $100,000 grant to the Malibu Community Brigade. Our volunteer heroes dedicated to wildfire readiness and neighborhood protection. Don't forget to contact our fabulous fire liaisons for help in having your community become a recognized firewise USA community or helping you with a free home wildfire assessment and how to harden your home. Contact fire safety liaison Bradley Yoakam at B Yoakam at Malibu City.org. Please remember to clear your brush. It's required by law and

noncompliant homeowners could face fines. Please call LA Fire Defensible Space Section at 818-222-1108. from Community Services. they are offering the following. There is a self-defense workshop for women. We need that up here. Thursday, October 30th, from 4:30 to 6 p.m. at Malibu Bluff Park. Um, there is senior Zumba class. We need that up here too. Oh, will be held Thursdays, November, um, from 11 November 6th, sorry, uh, through the 20th, 11:00 a.m. to 12:00 p.m. at Malvo Blus Park at the Michael Landon Center And on Saturday, November 8th at 11:00 a.m., come to the Malibu Library to join our Malibu poet laureate Emerata and Bucky for a poetry writing studio. and that's all I have for updates. Thank you. Any questions? No. Sergeant Good evening, city council. Um, I have the crime statistics for the month of September. Uh, a little untimely because we missed last meeting, but here they are, uh, they were uh 27 reported part one crimes in the month of September, and that brings our total of 201. This compares with 351 from the same time last year, so it's a decrease of 42.7%, so the trend continues downwards, which is good, um, couple not able able incidents, um, on the 22nd of this month, deputies were patrolling the Cross Creek area when they noticed a uh male writing a e-bike doing a wheelie down the center meeting passing cars, uh, deputies

pulled that rider over and ended up arresting him for reckless driving and then pounding this uh e-bike for 30 days. I have a couple of pictures, you have them. and yeah, our broadcast stream could bring up the display. You'll notice his decoration license plate, so he can run, but he can't hide, so. So we got him. But yeah, that was taken and pounded for 30 days for reckless driving. So, um, that's good on that 12 days later, um, on the 24th. of October, deputies were patrolling the legacy Park, uh, when they noticed a male with a half drank bottle of rum walking around. Uh, they contacted him for the violations and noticed he was under the influence of alcohol, and when they went to arrest him, he resisted arrest and was uncooperative. The deputies had to use force on him to arrest him, and uh while doing that, one of the deput ies was injured, but it was just minor, and he was arrested for felony resisting arrest, drunk in public, and possession of an open container. So, uh, those were the special assignment deputies that were doing that, so they're doing proactive controls of Legacy Park. um the video I sent, um, Kelsey, can we bring that up? So, um, there were a lot of questions about the letter of agency, so one of our deputies on the special assignment team, uh, made this

video so we can play it here. The audio works maybe not We are having some technical difficulties. We'll see if they can work out for you uh go on to our uh social media site. There's a video about how the leather agency works, where to go find it on Malibu's website and all about it, so, uh, feel free to watch it at your leisure. Um, the, uh, bailint for the two VOP cars between the county and the city were approved, so, uh, I know it's been a long time coming, but we're anxious to get those down to fleet and get them equipped and outfitted and just in time for uh fire weather season starting, so uh that's good news on that front. And then, uh, finally, I'm gonna end with uh if we can bring up the Paradise Colyer, we are doing Tippeop and so what that is is we partner with a local restaurant and we are your servers and we we uh do it to raise money for Special Olympics, so on November 11th, uh, we're gonna be at Paradise Cove from 11 to 3 and we'll be uh partnering with Paradise Cove to serve you and hopefully you can come out and support Special Olympics and we'll see you there, uh is all I have and I'm happy to take questions. Any questions for the sergeant? I got one. Yes, please. Uh, two things. One, I appreciate you guys patrolling Legacy Park. I mean, that has been the, if I'm getting phone calls, that's where they're coming from, whatever's going on down there. Second question, Franklin Fire. Do we have any information on how it started. You would have to consult the fire department, I don't have that information, so the fire department would have, they're the ones who, yes,

they sent their investigators. Any idea what has been reported as, I mean, it's been a long time. Yeah, and, you know, I, I can't speak for the fire department's investigation, but sometimes they're undetermined and they can't make a decision, so or a determination, I should say. Well, I know that right after the fire, I get a bunch of pictures sent to me from a encampment that was taking place across from the Francisco Road up there. and it appears to be a homeless process. I look, I mean, I'm just concerned with the fire season coming up. Um-hum. Uh, if it was homeless, you got to know that because that's like the 2nd time they tried to burn me out of my house and I don't want to go for a third one, so I'll, I'll check with the fire department. Thank you. Yes, um, so sorry about the deputy that was. killed, um, do you happen to have an update on the juvenile that hit the person who was walking in PCH or on PCH a few weeks ago and how that it it was very dark. and he was walking over the fog line, I believe. The juvenile wasn't doing anything wrong. He stayed on scene, and I would like to know if the, if he was the victim has has survived that. So the latest information I have, the victim is still alive, uh, pending next of kin notification, um, we've been unable to identify them and we're using all our databases and federal databases to try and identify this victim. Thank you, I was really, I've been thinking a lot about that, and, um, where was the location approximately, uh, PCH in Carbon Canyon. OK, do you have an approximate time Is it at night? Yes, it was at night. So, it was dark. Correct. And it, and unfortunately, he was in the person injured was walking on PCH. Correct, outside of a crosswalk. Outside of a crosswalk, um, so I would, I

hope he does well and the young man who injured him is also. Thank you. OK, no one else Thank you, Sergeant. You're welcome. Thank you. Ranger Tim Good evening, Mayor and respectable city council members. Nice to see everybody. We I, I have the ranger report for, uh, actually September and October as well, uh, for the MRC Ranger report in the last month, a total of 263 citations were issued, um, also involving parking and uh various park parking violations on September 20th, uh, 2 of our MRC Rangers observed a vehicle driving erratic, and exceeding speeds travel ing southbound on the 27,000 block of PCH and winding way. The Rangers pulled over the vehicle. The driver was unlicensed and the driver was issued a citation for speeding and not having a valid driver's license. The vehicle was also impounded as a result of. Uh, no service calls were generated from this month in Malibu, no new encampment developments were observed as well. Continuous park maintenance occurs in our parks and beach access ways, uh, a total of 3,619 pounds of trash have been collected at our parks, uh, fresh clearance projects continue in all of our parks for fire mitigation and suppression, including Malbu Blus, Perco Canyon, Tuna Canyon. and Latigo Canyon. Extended patrols were implemented at Escondido Canyon Park and Lachesa Beach due to the high

volume park visitors and vehicle traffic. Fortunately, no incidents were reported in public safety was our main concern. Due to the red flag event coming up, we will have augmented staffing for the recent wind event and high fire danger. With our fire division and ranger division extended all night patrols, and this concludes my report. Thank you very much. Hey, Ranger Tim, thank you so much for that. I really appreciate it. You. I did want to ask you if, um, and what the protocols are since MRC at the last meeting passed the closing of parks in red flags. What is the plan for that implementation? Good question. Um, I don't know. I don't have an answer for that, but I could, I could look into that and see if they're going to close the park. That would be great. And if you could, I don't know, somehow communicate that to us, it would be. wonderful. Absolutely, I can find out. Thank you so much. You're welcome. Yeah, please let uh interim City manager, uh, Candace Bondum. Oh hey hey yes. Anyone else? I'll just make a quick comment on the red flag being passed, it was a uh I'm gonna say a surprise to us that it got passed because it's not a state policy. and uh throughout the rest of the state, they do not close the parks and red flags. Melbu does. And now MRCA does, and I know in speaking with your executive director, he's going to be working diligently to try and spread it to other parts of the state, state parks and national parks and so forth, so it's, it's a very positive step, but it's a little, it's a small step, um, and glad you guys are taking the first one on. Thank you. You're welcome. Thank you. All right, thank you very much. You're welcome. Thanks. OK. How are we doing? We're gonna take a little 2 minute break. You do have 2 minutes before you can

take up the next item of business. So, uh, the remaining items on the we can't take or discuss before 6:30. So we're going to take a minute and a half and then we'll see you right back here. OK, so we, uh,

reordered the agenda, so now we're gonna go on to item 7D. Counsel, would you like a staff report for this? OK, um, let's just get to public comment. So, um sorry, I didn't put my glasses on, Sophie. Yes, OK, please go ahead. Tell us all about the events coming up on November 11th for the veterans. We're having our 26th annual Veterans Day on 11/11, at 11, easy to remember, please then had everyone is welcome to attend. Yes, and, um, thank you very, very much for all of your support in the past years and were um we're hoping that you will consider waiving the fee again this year for our event and we're very, very grateful. for all of your support and health. and the community benefited the event, um. is amazing. We bring people together to honor and show appreciation for those who have served in the armed forces. It fosters a sense of unity and patriotism, reminding residents of the sacrifices made for their freedoms. The event also provides an opportunity for a younger generations to learn about history and the importance of service. Local businesses, schools and organizations will participate, which will strengthen community partnerships. Overall, it will promote gratitude, connection, and civic pride among all who attend. It's a wonderful event every year. It's so heartwarming to see the old veterans up there and you know. we all walk away feeling like we've given something back to

them, like being there, so thank you. Thanks. See you on the 11th. OK, do we have anyone online? We have two raised hands. Let's hold it at the two race stand. Yes, the first is Zoom user. Zoom user, go ahead This is for public comment on the Veterans Day recognition ceremony fee waiver? Oh, sorry. Um, I was for public comment. That will be called momentarily. Can I just leave my hand up, we'll call you for that item next. Thanks. And the other raised hand was lowered, so that concludes public comment for this item. OK, so we're back up here at the council. Anyone want to have a discussion or make a motion? It's an amazing event. We all leave it feeling much better than when we came and I moved that we approved this one. I second that. OK, I, um, my whole family are veterans back back and I it's just such an important. it's just so important for us to honor that. Thank you. And I will agree it's always a great ceremony. I encourage everybody to attend. It's um very uplifting and, and, and makes your heart and just to be able to give thanks back to um people of a sac sacrificed and done so much for this country is amazing so. OK, all in favor. I, we'll see you on November 11th at 11 o'clock. right here. OK, uh, now we're back to our regular agenda. So we're to item 4, communication from the public concerning matters which are not on the agenda but which for the council has subject matter. Do we have any public speakers? We have two raised hands. No in-person slips. I'm sorry, I

have those in my hand. I, I got mixed up. I'm sorry, you I'm sorry, that, um, we have about 12 in-person speakers and we have 3 raised hands. OK, if you could hold it three raised hands, please. OK, um, our first speaker is Jason Riddick, followed by Kevin Keegan, followed by Chris Weisner. Good evening, Mayor Riggins and council members. My name is Jason Riddick. I'm here speaking on behalf of the members of Malibu West and the Malibu West Homeowners Association. Uh, I'm here tonight because the Broadbeach geological hazard Abatement District, known as the BB Gad or the or Simply as the Gad has now officially gone rogue, uh, as many of you know, the GAD has taxed all the owners along Broadbeach, uh including Malibu West because of the location of our beach club, millions of dollars since 2015, under the promise of restoring sand to Broadbeach and protecting the shoreline. Yet after more than a decade, not one grain of sand has been delivered, and by all accounts the GAD has been an absolute failure. Even worse, the gas, excuse me, annual tax assessments starting in 2017 were conclusively established to be unconstitutional and invalid by the courts, that this is set forth in a published legal opinion, 81 CalApp 5 1068. Malibu West was a party to that lawsuit, and we won. That should have been the end of the story. Unfortunately, the GAD continues to attempt to collect its illegal assessments and now threatens to sell the Malibu West Beach Club, uh, to force payment of illegal taxes. Let that sink in. The billionaire bullies of the gad and their henchman Ken Ehrlich are saying that unless Malibu West pays taxes that the Court has already conclusively

determined or unlawful, they will foreclose on the beach club, uh, add it to their $24 million war chest of ill-gotten gains. The gads set a tax sale of the beach club for November 12th and listed Mr. Ehrlich as the tax collector. This is not just a dispute over money, it's an abuse of power. It's an intimidation tactic against the real residents of the community who are simply standing up for fairness in the rule of law. There's no legal authority anywhere which says that Malibu West must continue to pay an assessment which has been affirmatively found to be unconstitutional, but of course none of that law stuff is stopping the gad. Uh, we filed another lawsuit, we're going into court on November 10th at 1:30 p.m. in Department O. of Santa Monica Superior Court to enjoin this outrageous attempted theft of our beach club. That case is 25 SMCV 05337. Speaking to the community, if, if you're a member of the GAT along Broadbeach, you should be fed up. Now's your time to act. I urge you to follow our case and have your lawyer review our pleadings. You should be demanding a refund because the GAT is taking your money unlawfully. Please join us at the November 10th hearing, and thank you for your time. Thank you. May I ask a question? Um, I would start with the city attorney. We usually say that for the end after, OK. Thanks, Jason. Kevin Keegan, followed by Chris Weisner. followed by Parker Kaplan. Good evening. I'm Kevin Keegan. Uh, we are approaching 100 days since the Malibu City council was informed by Mayor Prote Silverstein of approximately 10 action items that council members and the council members only have the authority to take quote, Malibu residents to rebuild the homes they lost to

the palisades fire as efficiently, expeditiously and economically is practical, practicable, close quote. Unfortunately, no Malibu council member has taken an important first step to ask if there is consensus amongst the five council members to bring these actions forth on a future agenda to begin to seriously consider implementing the 10 action items that Mayor proend Silverstein articulated clearly in his July 31st article published in the Malibu Times. In that July 31st article, Mayor Pro Tem Silverstein concludes by writing wistfully, quote, We must do the best we can to shorten the fire rebuilding process road and make it more passable and less expensive wherever practicable. Otherwise, more and more of our friends, neighbors, and community members will throw in the towel, sell to opportunistic speculators and developers and leave Malibu, close quote. During these nearly 100 days as Malibu residents and community members wait for the city council to stop avoiding opportunities at the dais to ask whether consensus exists on the recommendations laid out clearly by Mayor Protense Silverstein. The city staff has responded to all the pressure by making changes While the staff's willingness to act is appreciated, unfortunately, the perception is that the city council lacks the courage or the will to ask for consensus on whether to take the council-specific streamlining actions recommended 3 months ago. I am simply asking that the council take two of the 10 actions recommended by Mayor Pro Tan Silverstein for palisades, fire rebuild, specifically, number one, liberalize the building code approval process for rebuilds, and number 2, streamline proof of geological stability for rebuilds. The spirit of my request is aligned with what Mayor Prote Silverstein declared, quote, Every reasonable and legally permissible effort must be pursued to liberalize the

process of securing building code approval, included on the beach or an area that has exhibited historical, geological instability, end quote. Furthermore, quote, If practicable, the process for obtaining proof of geological stability in previously developed areas of historic instability needs to be streamlined, close quote. According to the Mayor Pro Tem, only the city council has the authority to act in these important ways. Tonight I ask that the council members and the nearly 100 days of delay and begin to act on their colleagues' recommendations. Thank you. Thank you, Chris Weisner, followed by Parker Kaplan. followed by Michelle Shea. Well, high City council and High Malba community on a really positive note Malba moves got this whole entire town moving, including myself and my wife and um Erica is just an angel of good for this community. So I have to recognize that, but on a serious note, um, I am here as a business owner, palbot chamber of Commerce board member to honor something just really, really special, uh, it is creating the surf legend of the Year award to honor my brother from another mother. Randall Mayo, AKA surf name. That's actually an agenda item, so you should, um, address your comments to that item if that's what you want to talk about. Gotcha, so problem is I might not be able to stay. I gotta get back to my family. On public speakers are done, I was going to actually propose that we reorder the agenda a little more as well, and I think that'll take care of what Chris just said, so if we can do that, OK, why don't you pause? OK, I'll pause. OK, I'll come back. Uh, Parker Kaplan followed by Michelle Shane, followed by Anne Kay. Good evening, Malibu City Council. My name is Parker Kaplan, and I'm the sophomore class president at Malibu High

School and a newly licensed driver. I'm here tonight, not just as a student, but as a representative to my generation growing up along Pacific Coast Highway. For us, PCH isn't just a scenic road. It's a route to school, to the beach, to our friends' homes, and more. It's part of our daily lives. It's also a place for too many lives have been lost to crashes that could have been prevented. Every year we hear about multiple accents that just get worse and worse. Growing up as a Malby Road resident, I wasn' t allowed to cross PCH for years, whether it came to walking or biking just due to the extreme risk. It divided me from being able to go to a friend's house just simply across the highway. PCH has become a divider for kids and teenagers whose parents were just simply worried. For the 16 years I have lived in Malibu, PCH has been the number one concern for parents. Us as teenagers struggle to find rides home. Rides homes from outings, and aren't allowed to cross PCH whether it just comes to walking across. and had been taught year after year about the tragedies that have occurred on this highway. I've witnessed accidents as a newly, newly licensed driver and I've had friends in accidents as passengers, and I've heard too many horrific stories. Around 60 people have died on this highway since 2010. That should say something alone, but it has become a normality we're living in. There are countless amounts of times, um, that have been able to correct this infrastructure on this highway to prevent accidents, and it barely any had been taken. Caltrans is allowing for opportunity for PCH to become safe and take preventable actions against having accidents on a normal basis. We've had memorials, school safety conferences, and signs put up around town reminding us of all the tragedies that have occurred, but remembrance isn't enough. It's real change. Lower speed limits, better lighting, protected by planes crosswalks that actually feel safe. We need a citywide commitment to designing a road that values lives over speed. This isn't just about today, it's about tomorrow. The next generation of Malibu kids deserve to grow up without fear. The road that defines our without the fear of the road that divines our community Let's make PCH a symbol of safety and not

tragedy. Thank you for listening. Thank you, Parker Michelle Shane, followed by Aunt Kay, followed by a Roy. and Darren's still here. Thank you. Good evening, city councilors. That was not a setup to what I'm going to talk about, but I couldn't have planned it any better. On November 3rd, your, uh, planning commissioners, commissioners will vote on whether or not they're going to move forward on a 50 million plus work on PCH and I sat in my first meeting last last meeting they had. And I've never been to one before, and the decisiveness and the fact that everyone has their own agenda of what they believe PCH should be what they believe Malibu should be. It really is time for us as a community, as people who live here as out of the mouth of babes, so to speak. fear and here we are talking about whether there should be a sidewalk at Pepperdine, whether the lights are strong enough for being dark sky. The key here is, let's make the road that is our home, safe and safe all the time. These are your commissioners, so I say, let's say yes, let's figure out how to make it work and do it rather than by November 13th, lose it all. Thanks And Kay followed by A Roy, followed by Arnacock. Hello, OK, so, um, so you know we have this election coming up for no Oscar. I can

say I hold a comic, but I'm not gonna do it. Proposition 50, so it's underway. Make sure you vote by November 4, so IRSVP. I'm I'm gonna say it, but it's gay. So I voted, OK, I voted on Saturday, um. The other thing too is I keep noticing. clocks are missing, clocks and calendars everywhere I go are missing, and I have to like put time code numbers on this program so that I can then go back and log it, and there's no clock in the background even though there's enough space for one, so it'd be nice if we had some clocks, make it easier to log and go back and forth from the meeting. Uh, the other one too is. the radios. We talked about this radio system. that's, you know, I think it's like not sure how much it costs, but it's like maybe $16 a month and you get hundreds of users throughout the community on all the way from Las Vegas, San San Clemente, Santa Barbara, here in Malibu, one side of the hill can talk to the other. all this really neat stuff, and so we tested it, it works well, and if we had our own system, if we worked with the um conservatory in Catalina and get a repeater out there, that would help out the community as well. and uh quick shout out to uh the Pepperdine folk who thankfully stopped her camera. so good job for uh coming out to these meetings. That's how we all start. and the other thing is I'm running for governor, so she's like the, you know. does feel like that, so I'll let it be. Thank you very much. OK, Eb Arno, and Leah Johnson. You have 4 minutes, I. Thank you, counsel. Um, the past 3 weeks have truly been encouraging

from a rebuild standpoint We've injected fresh energy vigor into the process and most importantly, we are witnessing a genuine mindset shift towards faster reviews and approvals of billing applications. Permit issuances have increased as Candace just mentioned, thanks to the extraordinary personal oversight from what I'll fondly call the permit squad. Yolanda Tyler Scott, Larry, amongst others. The progress is great, yet there is more we can achieve. While we celebrate these gains, we must recognize that this is a bit of a brute force, personal oversight approach, which will be hard to sustain over the long haul and as the volumes increase, we need to institutionalize the expediency. We have demonstrated in recent weeks, embedding it into the core process. We are only at the starting line of what could be a very long rebuild journey. As such, I'd like to propose and express lane, a 10-day application review and permit issuance process for like for like and like for like plus 10% rebuilds. The detailed proposal is in your inbox. We don't have the time here to dive into the details, but it's broadly based on the following three tenets. We are suggesting on-site meetings. among city community community development reps, the homeowners, design professionals to arrive at requirements and solutions in real time, eliminating weeks of going back and forth. consolidating departmental feedback feedbacks. one from the city of Malibu and a second from the Fire Department. Presently, I don't know if you're aware or not, there are approximately 5 sets of corrections that are submitter receives from different departments, often in different times and often duplicative.

And thirdly, cutting out or consolidating any redundant steps, forms, paperworks, etc. that are presently encumbering the process, and neither contributing the safety nor the efficacy of the process. At first glance, this plan does appear ambitious, but after consulting with design professionals currently supporting fierybuilders We can affirm that every element is grounded in precedent and entirely feasible, while some prep steps may be needed. Some of these initiatives are actually already underway. In recent days, we have faced a lot of criticism, and now is the time to shift the narrative. My request to counsel is is simple and straightforward. Please instruct the city leadership to review, assess, and determine how a 10-day permit issuance process, a review process can be achieved and present a proposal for its implementation. Thank you. Thank you. Arno followed by Lea, followed by Joe Drummond. and Jeff, thanks. Hi Good evening Go ahead. First of all, it's really heartwarming to see the permits that are coming through right now. And uh the amazing effort that Yolanda is putting into all of that. Um very grateful At the same time she seems to be working 24/7 right now. I see her sending emails Sunday evenings. and it is our responsibility to turn this into a sustainable process. and I think the idea that uh that uh Abe just offered is a great one. Um, and, uh, you and I, Maria, and we also had a conversation about what's missing. You notice that a lot

of people who are very unhappy. and um one thing following the the process that is happening or happened in Santa Rosa. Um besides the overall idea of let's get to yes, let's ask how we're going to do it rather than talking about the reasons that that are preventing it. And one thing that stood out for me were weakly city council sessions. Now when we talked, there were immediate reasons why that's very, very difficult. Um, I still think that if we had, because the city also runs other things than fire rebuilds. So for example, having I rebuild council meetings every other week? Um, would be good, and you asked me, but what are we gonna talk about? In those, in those sessions. Um, well, we have the 10 items that Council member Silverstein. mentioned a few weeks ago, that is something that could be discussed in those meetings. We have the six E 6 items that Council member Conrad mentioned a few weeks ago that we could talk about. We have the 10 day express lane process that Abe just mentioned, so I think we have plenty of ideas and things that we can talk about in those meetings, and the best thing that would happen is, or would be, if having maybe 3 of those meetings and then sitting there and after 150 minutes running out of topics. Fantastic. And then we realized we don't need that anymore, or if we reach the 100 permits and revise do we still need it. So I do think we have enough to talk about. So the question is, how are we going to implement that? Could an intermediate step be just a meeting with people who want to do it with the with the ad hoc

rebuild Committee from which I don't hear much. Maybe it works uh in the background a lot. maybe not so much. Maybe we can, we can set that up as a as a first process. Thank you. Thank you Leah Johnson, followed by Joe Drummond Oh, OK. So Joe, you have 5 minutes. I won't use all that, so thanks, um, I was at Malibu Moves, so was Hay Lin, so is the mayor, so was Doug Stewart. We loved it. My husband, I've never done a 5K, so that was awesome. My husband's done many, but not in 25 years since we've been married, and he actually carried a 40 pound pack on his back for the whole whole walk, and it was like another 1.5 to the parking lot and back, so he's doing that for the community brigade that those are the requirements, Darren, just letting you know, Darren and Arno are going to be joining the community brigade. Um, so thank you Malou, and we also appreciate state parks and MRCA for closing down during Red Flag Days. That's a big accomplishment, and um, we always appreciate the sheriff's department. Thank you and thank you, Ranger Tim, and I'm also excited to attend the Veterans Day event coming up. Annie Dermenjian from Big Rock, who lost her house is always a big advocate for that, and it's one of the planners. Um, and this weekend kicked off great because on Friday, we had our amazing zone captain meeting with the staff, including Miss Candice Bond, and Yolanda, and it was like it was electric in there. It felt like DEFCON one, but in a positive way. We were, um, like Malibu is finally working on all cylinders, and we were working together with the zone captains and the staff,

and giving each other addresses and following up on, on, uh, projects that are in that are in built plan checks, so I think we have 7 approvals now and it looks like we might have another 2 by the end of today or tomorrow, so that's almost twice as much from last week, so that's a huge thing. So, um, Yolanda deserves tremendous credit. She's become the strong general this rebuild effort needs with Tyler and Larbie and Scott leading an energized team. Candace is fully mobilized preparing to meet with the governor for state support. That could be a game changer, and even Mayor Riggins was hand on asking how to resolve geotechnical bottlenecks, so we appreciate that. And a special thank you to council member Steve Uring, who has been, who is also there and has been quietly but firmly ensuring that this process stays fair, efficient, and accountable. He's his steady oversight gives residents confidence that the progress is both real and transparent, so thank you. And the results speak for themselves. Um, the four freebuil permits are now up to 7 and possibly 9 plus 21 projects are already in building and safety which are complete and ready to move, but that will only take us to just under 30 rebuild permits issued. More than 90 homeowners remained stuck waiting on redundant geotechnical reviews before they could even enter building in safety. Many of these are flat, stable lots that have never moved or posed any risks, requiring new reports adds at least 6 months of delay in major costs, with no improvement to safe ty Our license structural and civil engineers are already designing foundations that are far stronger and safer than than what stood before because of upgraded codes. These projects should be exempt from unnecessary geotechnical studies with safety verified at its inspection instead. If local authority isn't enough, Candace, Haylynn and Marilou and Mark Hamill are ready to take this request directly to the governor asking for emergency waivers for stabilized areas like Big Rock

and Beyond, where the city itself maintains the dewatering systems and keep our hillsides safe. If we can remove these redundant studies, there's no reason we can't reach 100 permits issued by the end of this year. A milestone that would symbolize unity, progress, and real hope that Malibu can finally deliver for its residents. Haylyn, I believe, have an item that Kevin Keegan was referring to for the next City council meeting to help us get to 100 permits by the end of this year and thank you again to Yolanda, Candace, the mayor, Steve Ewing, and the rebuild Center team and all his own captains and the rest of you all for working together to help bring our families home. Thank you. That concludes our in-person. We have 3 hands. Yes, we have Zoom user followed by Andy Lyon, followed by Ryan. Zoom user, you're on. Sorry, you towered. I don't know why. Howard user, um, I just, I, I guess Sergeant Soderland alluded to the fact that a deputy got killed in Riverside. He was a good guy, young guy, left behind a girl, young girl, and a wife. So maybe we could close the session and honor them and just wanted to say to everybody, if um you see a sheriff in town to say thank you. cause they do a *** good job and they should be thanked That's it Thank you Our next speaker is Andy Lyon. Andy, go ahead. Uh, can you hear me? Yes, we can. OK. I just had one quick comment about the public comments speakers not being shown their faces when they're being up at the uh at the podium. What happened to you guys filming them so people could see who's talking instead of just the back of their head.

That's not why I'm here though, but that's something should be addressed. I'm here tonight because of my dissatisfaction of what's going on with the skate park. Last time I was there, Bruce said I'm dissatisfied. Well, I am dissatisfied because Bruce, Mary Anne, and Doug all voted along with the planning commissioner or the uh Parks and rec commissioners and Christian Reco and Rob Dubo and saying they was so urgent to get rid of that temporary skate park like right away, so what they did was they salvaged it. They, they made $1100 on a $300,000 skate park which the parameters were so hard to get it moved that everybody backed out and then they ended up just throwing it in the garbage. Malibu's so green and then the whole skate park, which was like you know, perfect. The skate park was perfect. Anyways, moving forward to now, this all the work that went on that they did, they said they were going to trench and they're going to go to the bathroom so they're gonna do all this stuff. Everything's gone within like a week, 10 days, right? Nothing has been put there. They said in the beginning of summer they needed the stage, they needed the store, they needed nothing is going on that lot. It's sitting vacant. They didn't, they didn't trench to anywhere. The bathroom that they're supposed to trench to is a bunch of pallets of cinderblocks sitting on the other side. Nothing's being stored, nothing's being parked. The whole skate park could be sitting there still, and I see that Public Works is saying now that the skate park is not going to be done until February, right? So it's already been months, and it's not like I can just go over the hill every single day, the closest one's like over in Westlake or whatever, but it's just, it's so ridiculous that this is what you guys did that you didn't listen to the community, you didn't listen to me, you didn't listen to like, you didn't even listen to the contractor, like you've listened to Christian and Rob Dubo who said that this is necessary and it's proven

that it is not. It's the biggest waste. You're not even using it as a parking lot now, which you might as well, and that's what I thought was going to happen. We were going to get screwed. But the funny thing is I'm there today filming it and the guy that's not even the main contractor because they subbed it out to this geocon guy. He comes out and I ask him, I go, have you trenched, and they haven't trenched. He goes, I'm just doing the skate park. I'm not talking to you anymore because you did, you talked, you got Kyal here and I got in trouble with the sea. Well, Matt Meyerhoff came down and gave him a bunch of *** and said it was my fault. Don't talk to me and started blaming me. So now this guy is coming after me saying that I'm causing trouble. When Mat t Meyerhoff is the one that's like, you know, he's what, public communication guy, and he's giving, he's giving the contractors *** and telling them not to talk to me, right? This is ridiculous. The way that this is how the city goes Andy. Brian. Ryan, are you there Ryan, you've been unmuted Ryan, you there Ryan He is unmuted, he responded to the request to unmute. Um, he has lowered his hand, but he is still unmuted. OK, that'll conclude our public comment. Back up to the daiss, who would like to start? Is there any way we can do this surf award, weren't we talking about that 20 minutes ago You want to make a motion to what I was gonna make a motion, but I, I thought we should do council member comments first, but I, I'm not averse to doing that now, but my motion is to move 7A next. We can debate whether that should be immediately before council member comment or after council member comment, but and

also move item 5C to the end. There's a number of other small matters that I think we should take up and resolve before we get the 5C, because otherwise I think we might be here past 10:30 just dealing with 5C. and it's not really fair to the rest of the community to have to sit here while we deal with that one. I agree with 5C. I'd like to 7 A, B, and C and 8A. The only question is before or after council members' comments. It sounds like Camron's preference and I'm fine making the motion is do 7A now, then continue with with Council member comments, then move everything else other than 5C following and then move 5C to the end. What about 8A? Do we that that's the mobile home park commissioners. It'll it'll get done relatively quickly if we move it 5C to the end. So that's the motion. OK. OK. You second that? So I second. that So how about, look, why don't I make a suggestion? We'll move 7 ABC 8A to now then 5C, then we'll do councilmember comments as the very last thing. No, I don't accept that at all. OK, so remind me now just very quickly what we're 7 A, B, C, and 8A. Then councilmember comments, then 56. No, I, I don't accept that amendment, so I mean that was the original motion. I thought that was what the motion might get voted down, but the motion is, let's do 7A now, then do, then do council member comments, then do everything in the order that it is except for 5C, which moves to the end. That's the motion. I agree with that 78 7A, then 4B then 7 BC 78 consul member comments. Now there's a 5B. Just everything in order except for it's just moving 7A up and then moving the 5C to the end.

That's all it is. That's all it is. Yeah, there is a 5. There's a 5. There is a 5B, 5. It's an important one too. The fire hazard severity zones within the city of Malibu. I don't. OK. OK, well, that didn't make it. OK, I'll straighten that out. So again, we're the motion is move 7A to next, then continue with the exact order that we have except take 5C and move it to the end. I second that. Kelsey, you're just gonna keep me in order? Yes, ma'am, I understand the motion. All in favor. none opposed Thank you. No, I, it was my things were out of order. OK, so 7A, would you like a staff report? I don't know I personally am good This council won a staff report for 7A at all? No. OK, Public comment. I've got Chris. Do we have a replacement? for Chris? Nope, Chris, you're up. Well, hi again, city council and Hamal the community. I'm Chris Weisner, longtime local business owner and Palibu Chamber of Commerce Board member. I'm here today to give full support for creating the Malibu surf legend of the Year award to honor my brother from another mother, Randal Mayad, AKA surfname Crawdaddy, uh, as it's inaugural recipient. Randall wasn't just a surfer, he was the spirit of the endless summer in Malibu in human form. Every morning he lived the rhythm of the tides connecting with the ocean and the people who shared it. He didn't just ride the waves. He lifted everyone around him with laugh ter joy, and a sense of childlike wonder. They reminded us all why we all fell in love with this town, and this lifestyle. He was an everyday staple at Surfrider Beach,

Malibu. Randall embodied every element of what this award represents. Excellence in surfing, and unexpected rad positive example for the community, emphasis on unexpected and a forever contribution to Maliba's surf culture in his honor. He shaped boards, mentored young surfers, and lived his dream right here in Malibu when you saw Crawdaddy in the lineup, you couldn't put, you couldn't help but to smile. He made you forget about the work stress and noise of life, and remember what truly matters, the ocean friendship and joy. I was blessed with these moments with him, and it was like nothing else existed. It was pure bliss and joy to surf with him. Randall's story, his heart, his humbleness, his humor, his courage. He'd be shocked I'm here talking to him today about this today. He would really be, especially in his final moments, protecting his home and beloved cat during the palisades fire till his last breath. represents the golden heart of Malibu, gold like the endless summer sun. Make him the first ever surf legend of the year isn't just an award. It's a message to our community that we honor those who live with soul, humility, and love for this coastline. Randall was Malibu, and by honoring him, we celebrate what makes Malba truly special and awesome. He was the most awesome soul I ever knew. Love you, bro. Thank you, everyone. Thank you. Thank you, Chris. Do you have any online speakers? We have one raised hand from Ryan. Ryan Ryan, you are unmuted You might want to test your microphone. There you are. Hey Ryan, what's up? Yes, I wanted to continue. I hit a mute last time and you didn't acknowledge me. So, um, I wanted to comment that

Caltrans had gotten back to me in a written letter that they are reevaluating the crosswalk to nowhere at 20326 PCH and that they are going to re-study it and that should be finalized as of 3 days ago. Uh, they did not get back to me on that one. That, that is a crosswalk proposed in front of moon shadows. and the contract you awarded to the subcontractor chosen by the city at $280,000 to study how to draw a crosswalk across PCH there was um to study and count the number of vehicles that enter and leave the parking lot of Moonshadows. and which direction they turn. Well, this metric is the first order of business. It cannot be completed, and I would suggest that you cancel this contract formally. As well as the contract at, at Big Rock, which has similar changed conditions, all of the beachfront burned, so whatever was mentioned in 2014 and subsequent in the 2015 PCH safety study, it really doesn't apply anymore to the specific metrics of the intersection at Big Rock, which already has a crosswalk there. So why that needs to be reimagined for $280,000 of design expense along with the crosswalk to nowhere, um this is your 4th warning. We need to save our money, uh, this measure our money that's assigned to the city that we're giving away, Metro money that we're given to Caltrans, it really needs to stop. Thank you. Thank you, Bruce A close public comment. Let's close public comment. Thanks. OK. bummer that took the, uh, the vibe down from from Chris's great comments, um, I, I'm gonna move that we approve this. This is a

no brainer to me. I just wanna say, um, I didn't know Randy other than we actually were Facebook friends and exchanged comments every now and then with each other, but I've gotten to know him through his mother Carol, who I met after the fire, and she's a beautiful soul as well. Just want to make sure that if we do approve this, which I'm assuming we will, um, the award ceremony itself will be coordinated with Randy's Randall or Randy's parents, um, because I know they're gonna want to be here. I second that. I, I second that OK. Any other comment from counsel? I guess my question is, is for the next surfer of legend. the year award, will that be coordinated through Parks and Rec and then, OK, it'll be like the JakeK award. Correct, that is right. We'll do this annually through the Parks and Recreation Commission. Thank you. And Chris, it was touching your speech. You're welcome Yeah, I didn't personally know him, but I, I too could have just learned, seems like he was just a, a great guy and a real loss for our community. So, um, I hope that this mora mora moral oh my goodness, memorializes him, um, and that uh every future awardee, um, it meets his high standards, that he is set. So thank you for speaking so well of him, I just wanna make one last comment, uh, Chris, I agree, great, great to send off and a great initiation of the award. Uh, I know when you first brought this up to me, I said it's amazing that we as a city so famous for everything from surfrider and our total beach culture and surfing don't have an award for this, and I think it's high time we did it and no better on than for uh. God Daddy. Thank you. OK. Steve. Now, Christian did a great job. Thank you. All in favor? Aye. OK, motion carries. OK, so where are we now? Public comments now you're on to

counsel comments and reports. OK, who wants to go first? Don't all jump at it. OK, first OK um first comment, I just want to note, um Candace mentioned Aristar being implemented, that's voluntary, not required. I just wanna note, um, it's also there's also no benefit guaranteed from its use, um, however, there is a benefit guaranteed to the software developer, the software developer is getting the advantage of training its new system through you and your proprietary information, um, some local architect brought that to my attention. I don't know where the right answer is, whether people should take advantage of this, um, which may or may not help and which will help the developer or shouldn't, but you should be aware that there's no guarantee you're going to get any result from it, but the absolute guarantee is you're going to be providing free of charge training for an AI system. Um on, so Kevin and others who spoke about the proposals that have been made. Um, first of all, there's no need to ask for a consensus. The fact is, under our rules, we each have a right to bring forward a matter quietly behind the scenes. We don't have to ask for consensus at a city council meeting. We have the right to submit a matter to the city manager as long as we follow the protocol. It then goes on the agenda, and Han and I have um drafted a proposal that we're going to that we are asking to be put on the agenda. Um, it was our hope to have it put on the agenda for the next meeting, November 10th, um, and that's already many months too late. I'm gonna talk about that in a few moments, um, but I, I met with Yolanda and Tyler today. Um, we're trying to work out some wrinkles in the proposals and um out of deference to them and

to make sure that we get this right and don't create too much of an imposition, and I don't mean an imposition in terms of getting the work done, but an imposition on them as far as giving them time to help us vet the proposals we're going to hold off one meeting and submit this to be on the agenda for the next regular meeting after the next one, so it'll be the first meeting in December. um you know, as many people have noted, um, Yolande and her staff have really stepped up. They've been um they've they've been doing, they, they've actually taken into account already many of the things that we proposed that Helen and I both individually proposed in the past that people have spoken about. They've taken into, they've taken to heart many things. Others have proposed. Abe has proposed, and they've already begun implementing another number of these things. Yolanda spoke about that at the last meeting at length, and um I, it, it's critical that everyone understands that the desire to put forward these proposals, I, I think again, Kevin used perfect language. I think it was Kevin, that this is not to suggest that these things need to be done, many of them so much as to institutionalize what already is being done to give the city council's impromatur on what the staff is already doing, as well as to flesh out perhaps some additional details that um that the city council if it votes to approve these things, are desirable to include in the process, um I wanna say, I, I feel badly that I didn't bring this forward many months ago, um. as, as you, as many here know, I think my house also was, was damaged substantially damaged in the Franklin fire, and I've been in a bit of a fog myself for the past 9, 10, 9, whatever it is, it's almost a year now. I'm just starting to come out of it myself, and I'm starting to focus more on specifics of what we need to do. I've been trying to work as

best I can, um, but I, those who lost their homes in the Palisades fire understand it's it's not an easy process, so, um, and, and we also need to start focusing more on moving the city forward in general. I mean, we, we have been placing so much attention and deservedly so on the rebuild effort that we really have been letting a lot of the other projects that are necessary to move the city forward, um, slip, so, um, I'm beginning to come out of the fog and focus on them as well. I'll talk about a couple of them in a few moments. Um it's going to be critical though when we bring these forward to make sure we balance um getting what we want put into play as with with the not holding up the great progress that is in fact being made by the staff and which is being evidenced by the pro by the results of the past few weeks, and we'll continued to be evidence in the weeks to come. PCH safety, I hope the planning commission does approve um progress that allows us to take advantage of the money that Caltrans is prepared to spend. I was, it was Abe, not um, Kevin that said that we need to institutionalize the policies that have already begun to be that have already been underway, and that's the point of the proposals that we're hoping to bring forward to institutionalize what's already being done and again maybe put a little bit more flesh on them. Arno, I mean, when this first started, um, Haon and I and I think even Steve and well, we all ultimately agreed to have weekly, weekly meetings about or biweekly meetings about the rebuild process. Um, we had them for a month or so, um you know, this is a part-time job. There's only so much we can do, but I'd, I'd support going back

to having some more again. Uh, and it may be that when we bring forward the proposals that we hope to bring forward, they'll end up getting scheduled for a special meeting as opposed to being heard during the regular meeting and um Abe, you know, I, I would encourage you to formally bring forward the proposals you discussed when we have that meeting to actually talk about further policies. Um, I know every day that goes by is another day that another day of delay, but you know, we can only do so much with what time we have that we we're able to put into this process ourselves. um, let's see, what have I been doing, um, over the past few weeks, and, and this would include, this is the last 4 weeks because we didn't have a regular meeting to give reports on what we were doing two weeks ago. Um, I've spent substantial time redraft drafting revisions to the camping ordinance. Um, some people think of it as the homos ordinance, but it's a camping ordinance, um, to create, to create greater clarity as to what is prohibited, stronger penalties for violations and direction to law enforcement for dealing with violations. That's now being reviewed by Mary Anne. We're an ad hoc committee and by Trevor, and I'm hopeful we'll have a proposal for the city council before the end of the year, if possible in November for a revised camping ordinance. Um, I've been working with Han. We already discussed this a bit to draft the proposed resolutions, memorializing the recent improvements to the rebuild process and create further improvements to make the rebuild process more expeditious, efficient and economical. Um, it's it was our intention to have it placed on the next regular meeting agenda, but as I just explained, we'll, we'll, we'll try to put it in the next agenda after that and give staff an opportunity to work with us to refine the proposals. Um, been working with Trevor, devoting substantial time to dealing with the ongoing efforts of Adrian Fernandez's counsel to move forward with a revised version of his lawsuit in the

wake of the courts, Grant. of our motion to strike one of the causes of action and striking substantial portions of the balance of the um action. More will be revealed about that at future meetings. I tended the Big Rock event at Duke's, um, that was very bittersweet, uh, you know, it's, it's, it was great to see the community come out, uh, obviously, the reason it occurred was, was the bitterness, um, in my view, the highlight of the evening was Abe's reacting as MC with introductory remarks that rivaled the monologue of any late night talk show host. He was actually, he was hysterical, um, I don't know if it was recorded, if it was, and anyone would have an opportunity to watch it. They really, really should, which is a perfect segue to the next item, which is I actually would like to seek a consensus. I didn't want to do this one unilaterally, um, and I wanted to see whether there was an appetite for this to bring back an item to consider reinstating the rebuild ambassador position. Uh, I don't have a pre preconceived notion of where that will go, but it did end in an unceremonious and informal way, and I don't think that was the way it was intended. The city council was supposed to review the, um, the appointment, the, the creation of the position and the appointment of the position before it expired and decide whether to extend it, that slipped through the cracks, and we all know what happened. So I would like to ask for a consensus to bring back an item to consider whether we should reinstate the position, and if so, whether we should, who we should appoint and whether it should be Abe if he's willing to to consider coming back. So do we have a consensus for that or am I alone on that one. I thought we, I don't mean to say it's not worthwhile to bring it up, but I thought we'd moved past that to where the uh zone captains were performing that function on a more diverse basis. Well, we, we did move past it in the sense that it happened. I mean, we didn't move past it in a in a deliberate manner. It just happened that we moved past it.

We have other processes in place, but I think that we owe it to the community to make a formal determination in the in in the public eye in all transparency as to where we want to go with this. and not just let it be um a de facto um inertia that takes us where we are. I think if we're going to have a review of where we would have, where we should have reviewed it at the end of 90 days. I think that's an appropriate process. That, that's the proposal. That's what your proposal is would have done it 90 days. OK, I can live with that. others, I think, I look, I think Abe solved the problem for us. He resigned. I mean, why am I want to go back and we, we have right, look, at the last zone captain meeting which I participated in we saw an enormous amount of progress being made in terms of getting improvements to the rebuild process, and we did that without a zone captain. We did that by getting more comments from the, the, I mean that put out a rebuild captain. We got more comments from the zone people, and I think that was instrumental in coming up with the suggestions of what we had to do and how we had to do it. So I'm not unhappy with where we are. This is just for a discussion to talk about reinstating or if it's like the closure of the 90 days so that council has an opportunity to talk about it. Yes. OK. I love a discussion as long as it doesn't take away from the rest of the city's work. So what if I mean, could we have a, a one of these rebuild meetings and then talk about it there so that it's not on a regular agenda, but we talk about, I mean, I've heard that we're the council that has the largest amount of meetings, which I think is necessary for where we're at And if we need to add a meeting to talk about specific rebuilds and the ambassadorship. Maybe it goes on a different agenda. Well, I, I don't think under the Brown Act I have the ability to move that we have a special meeting because it's not on our agenda

to do so. So what I'm asking for is a consensus to bring back an item to discuss this issue. One of the things that come out of that discussion could be that we should have a special meeting to discuss it, but I think it's procedural matter unless Trevor tells me I'm wrong, I can't make a motion that we actually do something other than put this on the agenda of a future regular scheduled meeting. We could set a special meeting with the consensus the council, but we would need, but the, the logistics and having to organize that and and having the uh room space available. I wouldn't recommend doing that on the fly. As a practical matter, the council can direct us to schedule an issue for a special meeting, um, but we, we have been scheduling many meetings this fall, um, and we have look ed at November very closely and so far have not been able to find a window in which she could schedule any special meeting. So if that's your direction, we'll do our best to meet it, but it may not be feasible reason to just that the request is a consensus to put it on the agenda for a regular meeting. Just put it on the agenda. I mean, one of the things I'm gonna talk about it in just a moment is the resources it takes to hold these meetings is huge. It's not about the 5 of us up here. It's all the rest of the people that are sitting over there and uh city clerk's office, and we're taking away from the actual objective, and that is to get rebuilt done, so, um, let's be careful with what we allocate our time. And I hear that. I, I want it because it's come up a few times tonight. I was going to put in my council comments. We've we're, we've tried to do additional meetings. We've had the additional meetings in the workshops, and if it was up to, I think a lot of us, we would just do it, but we can't because there are things beyond our control, which is agendizing BrownA staff time. So I would be fine with definitely agendaizing. This is for a discussion. I'm always open for a discussion as long as it doesn't take too long. So um do we want it on the next agenda meeting or December or what the longer we go, if not addressing it the

longer inertia has just made the decision for us. So I think that the request is the first available meeting and hopefully that is November 10th. We probably spent as much time discussing this right now. Maybe, maybe not. Yeah. Alright, so thank you for that, um, I wanna give a shout out to Marie Kamins, my, um, planning commissioner. Um, there was a great article in the Malibu Times a few weeks ago about Marie's staunch staunch advocacy for protecting Malibu's vision statement and mission statements. Um, I was criticized by some folks for appointing Marie to the planning commission because she lacked a planning background. I know Marie to be smart, empathetic, and committed to protecting Malibu's fragile rural nature, and I was confident that she would bring that to the planning commission and learn the the rules that she had to learn. Um, she's proving me right with every matter in which she participates, so I wanna congratulate her publicly for that, um, lastly, um, there was a mention of, um, an an an email from Yolanda on a Sunday evening that followed another email from um our interim city manager on a Sunday afternoon or it might have been early Sunday evening. I don't recall which, but, um, the contents of both of those emails um were tremendous, and I don't mean simply because they were written well, what they reflected was tremendous. Um, I think there's a lot of misinformation about how other areas in the county are doing post-fire. They are using public relations to exaggerate their results. We are being as transparent and honest as we can, and we are not seeking to sugarcoat what's going on, but we are actually, um, disclosing on a regular basis what's actually going on, and the data that supports those assertions is in those emails. Uh, we're still trying to get real information from Los Angeles because they're, um, they're

they're reported data is opaque. Ours is transparent, and we're going to continue to be transparent, whether people like the result s that they see in the transparency or not. Those are my comments. All right you want to go next? Sure. OK. Uh, a couple items. First, I want to thank Joe Drummond, uh, for just sort of changing the tone and giving us the positive approach to what we're doing, and Abe, I hope you will do the same. I mean, I have been one of the critics in terms of you've had a negative drumbeat you kept hitting with. I mean, if you read the article in New York and the LA Times, it was incorrect information there, and the last time you took us, yeah, you know what, yes, there was, and you took us through the, uh, Santa Rosa item, and you know, I mean, we should be doing what Santa Rosa did. We have up in Big Rock, we've got a dewatering process going on, because we get a landslide, and I don't see one of those in in Santa Rosa. So what we're doing here is gonna be a little bit different than what they're doing there, and we're trying to do this. So I, I do hope your commitment to be more positive, you, you'll live up to it. Thank you. Uh. Susan Duanus, maybe if you give me, I'm trying to find out what, how, now you can do just have to get up and why the how the Franklin fires started. If you've got a name of of the fire department wait and call to try and get that. I would appreciate that. Um, it has, it's been a long time and we figured out what took what happened in Palisades, and I think we just got to understand that because that's going to have an impact on what we do this fire season. Yeah, I spoke with Chief Smith, and he said it was undetermined in the case is closed at this point. Undetermined. Yeah Can I ask about broad really quick? How did Bro start? Broad. I, I, I think that was undetermined as well. I'll send, I'll send who was, who'd you talk to? Chief Smith. I'll send Chief Smith the pictures I got from right after the fire where it started and the camp it was up there

and all the rest of this stuff and see if that makes it a little more determined than it is right now. OK. Uh. you know, I got an email today regarding a plan to talk to somebody about doing, uh, uh. economic development in the city. And I'm wondering, you know, we have this, we changed the TUP ordinance for to make it easier for some of the businesses to take advantage of that. Is anybody doing that? Do we know? Has anybody done that Cause I, I, I look at that weekly report and I haven't seen anything on there that says people who have are actually doing that right now. And the reason I ask, I mean, I drive through uh some of the shopping centers on weekends, the parking lot's full, so people are coming back and they hope that that's helping us a lot, a little bit with what's going on. There's some if, if people are doing it fine, I just, you know, I have not seen that from anything I've watched, so I, I'll, I'll, I'll take Yolanda shaking her head, so I believe her. If they're taking more power to them. I, I agree with Bruce on Archear, uh, you know, I mean, look, if, if you read all the AI stuff that's going on. The real problem is when it goes into the AI system who owns it? I mean that's that's really the big concern out there for whether it's, you know, articles from the newspaper, whether it's pictures of celebrities or whatever. So just, you know, you, you if anybody's ever used the Arch a star, and somebody has, I'd like to get a report of how well it's working or not working, but just remember you're doing it at your own risk. There's no guarantee of what's going to happen there. Uh I'd like to welcome our new deputy city manager. Congratulations, Francis. Glad to have you on board. Uh we're looking at improvements to the city doing, you know, new libraries or, or uh other things in the New York Times yesterday, there was a big article about a London library that takes place in Brunswick,

Maine, and basically what it is, it's focused on providing people with rentals for equipment, right? I mean, you can rent everything in there from, uh, you know. size to to fix your yard or uh lawn mowers, all the rest of the stuff, and it was just impressive to read how, how well that was accepted up there and how well it's working. So as we sort of look forward to what we want to build here in the city, we had to just make sure we can keep that on our radar screen because that was a pretty good idea. So our library is one of 6 libraries in LA County that does have the tool lending library. OK, this this is a big one. I mean, it just and it's, it'll be as big as the community uses it. Uh any library fires OK, yeah, we've got these, the, uh Santa Ana winds coming back to us tomorrow, and after how many days, I'm not sure. So I just hope that the city has prepared, you know, we got all the uh tanks filled with water, and I hope Rob has taken a look at the uh strap lights to make sure if Southern California and doesn't our another power shut off. We'll have stuff running out there. I mean, we just got to make sure we, we've hopefully, we've learned from some of our past fire or past power shutoffs, uh, I mean, we, if we want to keep TCA safe as you're making sure all the stoplights are working is one of the steps that will help us do that. And da da da da da And the last one, and you know, I'm not gonna make a big deal about this one, but there was an article in the newspaper called the LA Times, I think it was a couple of weeks ago or a week ago, talking about a homeless situation here in Malibu, and it talked about the one homeless guy they were interviewing and he was, you know, so happy to be in Malibu because it's a great place and things were good for him, and we feed him. OK, we're feeding them, you know, and, and he said, um, you know, I, I hang around here because I get fed every week. Uh, so I'm, you know, I'm not gonna argue. I

think it's a bad idea, but I'm not gonna argue it on myself. If the community thinks there's something wrong with us feeding homeless and encouraging more of them to stay here, I encourage you to let me know, and I'll make more noise about it cause I, I do think it's something we should take a serious look at. So, so Mayor, back to you. I'll go. OK, Helen, go ahead. Thank you. Um, OK, great. Welcome. to our wonderful city, um, OK, so I was wondering a few things. How can I learn more about the GA and what can the city council do about the situation, because it was unclear and if, if Miss Riddick's coming to us for support. I want to make sure that we're all aware of what it's going, well, I, it is kind of the first time I'm hearing about it. I'm happy to speak to you about it, but um, you know, the, the city's role with the GA is limited, form the GAD, um, it's an independent agency right now and there's been a number of disputes between the GAD and residents over there. I'm not um familiar with the most recent filing that they're that they're putting forward here, but um happy to happy to background fill me in. I recall, um, sometime in the last year or so we actually had an item to discuss, there were a number of people came and talked about it and we, we, we agendaized a an item to discuss what, if anything we could do and if I remember correctly, the conclusion, reluctantly was, it was not something the city had any power to interfere with that it was a private dispute, which I think is the reason Jason came today and encouraged members of the community, especially those who are directly impacted to show up and get involved in the litigation, but it's not something the city has a role to play in, unfortunately, OK, good to know. Thank you. Um, I would love a report on the skate park, because that just sounded, I know, I, I know we have cameras, but if I can just, we can get kind of updates on the progression, the

construction, that would be great. I haven't. I think it was in the city manager's. I, I saw a post about it, so I know that there's, yes, I'd like to agree with that. I mean, I think we owe Andy a response. I mean, he, you know, he sends video out today that really presented what he was talking about. So, someone and I to get back to him, just sort of let him know what the heck's going on, you know, why we took down the Temporary Park, we really needed to do that. You know, it's not gonna change anything, but it, it sort of reinforces the fact that he's trying very hard to keep in touch with everybody and make it work and we got to give him some recognition for doing that. So sorry. No, it's good. Thank you. Um, I also wanted to highlight that Doug and I worked really hard to get. MRCA to close the parks on red flags, I think we have to, you know, Malibu City does a great job of closing their parks, I think we need to start working on state parks and national parks, because if everybody, yeah, you can't do one without the other, so I think that that's something in our pipeline. I wanted to thank the city for clearing the triangle lot. Oh my goodness. It's just like a whole new world over there, and I really appreciate that because I've been asking for it for a little while, and now we can kind of envision what we would like, if we want nothing, if we want something, it would, it's just uh now great to dream, um, I would like to ask for reports on the targeted undergrounding, also known as tug. Um, I don't know, I think that would be maybe city manager Like how do I get the council to just to know that where we're at with all of that. um, as we discussed this afternoon, um, we are in discussions with SEE and I will have more information from you um following our meetings with them this week. Thank you very much. OK so let's see so so let's see so, Bruce mentioned

an agenda item that I've, we've been working on, and it's gonna come back. I want to make sure that we're clear that this is not a criticism at all to staff. I, this is absolutely not that. This is a, um, just an opportunity to for the council to be able to memorialize some of the things that we've discussed, so I just wanted to make that loud and clear. Um, I also see that we keep moving the strategic meeting, which I believe is really, really important for the rest of the city, I would love to try to find a special meeting for it instead of squeezing it on, um, these agendas. I know the calendar's tight, but I don't know because it's ready to talk about. Yeah, we had to move it because, um, Deputy Rojas is out of, out of the city at the moment, so it's moved to the next meeting. OK, thank you. That might be a very large, I would say discussion kind of robust. I'm, I'm gonna predict, huh? OK, thank you. And let's see here, I, of course, want to thank Yolanda, again, for all the emails over the weekend and the tireless efforts that you've put into the city and rebuilding and being such a leader, um, I also, since we're on planning commissioners and we're praising our planning commissioners. I'm, I just wanted to say something about mine. He's sitting in the audience, um, Elizabeth Briddick. I ap point ed her because her values a lot, your values align with mine. Um, your fairness, compassion, and courage. I was proud of you during the Caltrans meeting. Um, I appreciated. you know there were some things in that meeting that I was not proud of. I was not proud of some of the, um, we shouldn't talk about that hearing a selective, it

could come to the council. Well, I was proud of you, so thank you. And I've heard that we can't do, so I keep getting emails from residents that we're not meeting enough I, we've tried Bruce and I, I think other council members in the very beginning to do, we've suggested, let's do it with our iPhone, let's try to get creative. I just, we have so many meetings and so much staff that I don't quite see that. happening, um. and let's see I think that's it. Oh, no, I'll save that. All right. Thank you. That's it. That's You know, the advantage of going near the end is you get a chance to hear everybody else's comments. You don't have to repeat sometimes, but there is one thing I do want to repeat. Let let's talk about Archer Starr for a moment, um, I've had several conversations with professionals in the city and in fact one outside the city about Archer Starr, and there's a lot of concerns about it, and I want to go over a couple things, um, one of the other council members died but requested to actually get copies of the Archer Stark documents. and they are almost impossible to get. In fact, we haven't gotten the whole set. You look, one of the first things I wanted to see is let me see the signature page none of that is available. Uh, I don't want to say this is, uh, Silicon Valley where you fake it till you make it, but nobody's got the docks, but here's what we did see, um, I wanna, I want to emphasize one thing. The Archiar system is totally voluntary in Malibu. and it's being offered to Malibu at no charge. Now, if you look at some of the documents we have, it's $750,000 is the cost to Arche cost being paid by a nonprofit for Malibu to use Archer Star. Let that sink in for a minute and at the same nonprofit, by

the way, the costs are much higher for the city of LA and the county. but that same nonprofit is promoting this use. Now, the governing contracts uh, when you look at them, there's some sections that are available, and I want to bring, try and quote one, it's in the customer terms, Section 14E. It says in summary that all the documents and information submitted to Archi Star give Archiar a perpetual license to store, use, modify the data, inclusion, including using it to create, train and develop artificial intelligence. And by the way, let me tell you what happens when you donate that when you put that information in there. Your architect's plans are probably copyrighted If you've ever tried to get a copy of your own plans from the city or anyone else, you have to prove you really have a right to it. But here Archiar says, we're gonna take it and employ it to teach our systems and that also includes having all your, uh, engineering reports, your professional studies, it's building a full database of your information and it's being shared and it's one of the uh architects said if you're a high value person and now the complete set of your plans are in the public domain, in effect. How much security do you have? You've got your electrical system, your alarm system, and everything else is being disclosed. It would never be done on a willing basis, but if you use ours to start, that's what you're doing. And I'm asking the city to put a disclaimer on the Arch of Star page that identifies the fact that the city is voluntary, which I think it may already be there. I haven't looked at it lately, but also to, to highlight the fact that the data is being given to Archiar under a license for their perpetual use. So I just wanna mention that very quickly. And I meant to say also I, I, I think the disclaimer also should say that the city is not endorsing the product. I think that's a good thing to you. Um, I want to talk about a couple of comments on rebuilds cause I

think that's a key point that we seem to be going over here. Um first off, on a weekly meetings those of you who have been in the corporate world, one of the things that you do, especially when you're the CEO of the company or in the C-suite, you look around and see how many people are in the meeting. Look at all the people in here right now, and I sit there and I go, let's see, we're here for an hour and I got 30 people. That's a whole week's worth of somebody's time almost dedicated to this meeting. Is this meeting worth it? And I can tell you that a lot of the times we spend in these meetings and everybody's asking us to do over and over again are not worth the the trade-off of the staff time, especially critical staff. to spend listening to people talking, and I'm gonna talk about that in just a second here from one of the architects that's been successful in the city. so I think we have to be careful about resource allocation. and this is things we can't buy, and that is people's times and skills. So when we say we want to hold a meeting, realize who has to sit in that meeting and the time it takes and the dedication of our resources to it, and we're not getting a good result out of it. We shouldn't have it. Uh, some of the most successful companies have rules about if we can't feed the meeting with two pizzas, you shouldn't have it. And if it takes longer than the time to eat the pizza, you shouldn't have it. So you know that it's called the 5, the two, the two pizzaro, uh. things like this are what we have to realize when people call for these meetings in this time commitment. We have worked diligently to put 2 policy points together. We've done we dedicate that amount of time to it. We need to get some of these things done. And I appreciate people wanting to be continuously involved and so forth, but the the. city council is supposed to be a policy group. not a micromanaging group and we need to be careful we don't don't cross that line as a city council and also they have the city do that as city residents do it. We can't micromanage our professionals. We can guide them, we can hold them

accountable. We can look for results, but we're not supposed to be looking over the shoulder. All right, um, I wanna talk also about the comment that was made about the points to be improved on. One of the comments was, we need to change the building codes. Building codes are state building codes, the county building codes, the city of Malibu, and Yolanda May may be able to correct me on this or someone else. We can make them tougher, but you can't make them less tough. because it's state law and it's, it's actually health and safety in many parts, so let's, let's be realistic about what we can do versus what we can't do. All right, I wanna talk about uh a couple of architects, and this goes back to the last meeting we had to cancel. I wanted to bring this up. Two architects, uh, sent us emails to the city council, and they've successfully navigated the system here in Malibu. One of them's got 13 rebuilds underway, 11 of which are in Malibu and 3 of them along the beach. The other ahead of uh other properties going along, and I want to put some quotes on a record that they said, and here's three of the quotes. The city is not the problem when it comes to slowing down approvals. Second, the city is doing everything possible to help. 3, the fire rebuild center is a genius idea. It should be used more, which is one of the reasons why this person said, my projects are easily approved. And then the, uh, here's the points in there. I think there's 5 of them, as to why they're not more approvals. Number one, like a consultants and professionals, especially in geo and soils and surveyors, they're heavily booked out. It's hard to get them, uh, to work on the projects. They don't have a lot of time Then here's another one. Pushing the borders on design, trying to use rebuilds to gain extra square footage, knowing the zoning and etc. will not permit, but fighting the city anyway and the comment was, waste of time. Everybody waste of everyone's time. Third, professionals are misleading their clients and setting the wrong expectations. or submitting plans to building

the safety that are not complete. This takes time from the quality submissions that could be reviewed fast and easy. And number 5, city employees are spending too much time hearing complaints about processing, having endless meetings and hearings about changing the rules to try and make the squeaky wheels happy. Those are quotes from someone that has successfully gotten building permits or near building permits in the city. So I think that you need to listen to that and think, right, what are we doing right? What are we doing wrong? Now as a person, one of the people also mentioned the projects with the county are a total disaster. There's no comparison to the quality provided by the city. One said they will not accept any more projects in the county gives the counting process 2 stars and Malibu 9 stars. This is quite a change from some of the other comments you may have heard elsewhere. and I have to say it's the one architect said much of the credit goes to Yolanda, and I'm going to second that and say that it's not in my opinion, it's not just Yolanda, it's Tyler and the rest of the staff who worked tirelessly and in the face of the rebuild process. It does take a village, takes a whole bunch of people, and we talk about not burning, not burning them out, but we've got to get enough resources underneath them to be able to carry out their directives. This gets back to resource allocation. I'm putting on my, my C-suite hat here and saying that's what we have to do. Let's still bring the leadership in here to talk to us and listen to our stories. Let's have them out there mentoring and developing the team that can carry this forward. All right, um, next part I want to cover on this is everybody has a right to their opinion and if you don't think things are going well, that's fine. That's your opinion. We want to hear it. If you think things are going right, we want to hear it and quite often you hear very little from the right side. You heard a lot from the wrong side, and that's to be expected. and everybody should be able to freak to speak their opinions freely and not have retribution and at the same time not expect preferential treatment because you gave

somebody an atta boy or an atta girl. but I want to keep, I want everybody to keep in mind about the negatives, and we've talked about this a little bit here. when people are presenting the negatives about what's going on without the balance of where their successes or what's being done to carry it forward. You're hurting the rebuilding process. and I know firsthand these negatives are pushing qualified professionals away. and that's not just people that are hired for the city, but also the professionals to do work here in the city. Why take my time to work in a process I don't think it's gonna be fruitful for my client. I'll go somewhere else if I don't have a lot of time. We also have to realize that you're making the fire victims question if they're ever gonna get a solution to this. We go back and talk about the Woolsey fire here all the time, 40% of the homes, 40% of the people, it's 45% of the people are back in their homes. Another 21% of the people have construction underway, and you have other people that are ready to pull the permits if they would just finish the process. They're ready to go. That's 81% We ought to be talking about the positives and encouraging people to look to the fact that you can't get results and that's what needs to speak to this, our results, not promises, not complaints, but getting the process right so we get the results at the other end, and Yolanda's credit and the team's credit hunter by the end of the end of the year. That's a, that's a real solid goal and that for our size of the city with what we've got to be rebuilt is a true success. We need to be talking about that and working toward it. So what I'm gonna emphasize here is those of you that are making the comments think about what you're saying and if you're not helping somebody get back and opening the door to their new house or the rebuilt house, you're hurting the process. So make sure you're being a creative to getting things as results. You can have the negative comments because that helps us improve the process, but put it in a proper flavor,

take it to the proper avenue. Talking to you know, outsiders and running the city down is not the same as talking to us here in the city and saying this is what you need to do to make it better. That's just an example. All right, uh, couple of things real quick, other items, high concern for the flood flood risk in the Melbu Creek area. I know there's been some meetings with state parks and others to try and especially the Sara people to try and work out what we can do to keep that from flooding. We've got a lot of debris built up in it. It's not gonna get done easily this year. It probably worked. It's gonna be done for next year. So we got to deal with any flooding situations this year. City needs to be proactive. I know they're working on that and like uh uh it's gonna fall on Working on alert FM, uh, that is moving along well. We're gonna have some meetings on that shortly. Uh, it looks like we have FM coverage available to us for the city, which was one of the real key issues on that, and that will be a 21st century solution to notifying people. Uh, also there are many new laws and regulations are being passed in Sacramento. I have to say it's in a flurry sometimes I look at the list of gets to us from uh uh state capitol and the people that track this and they go, where'd that bill come from? So I know we talked to BB and Kay about giving us an update on all the things that have been passed and looking forward to finding out just what damage has been done to the cities in the state. um, I talked about Arsha Starr and finally welcome Francis. uh, welcome aboard. Glad to have you here and, uh, I think we've also made some other good hires that are in process and I know building the staff underneath the especially the community development is critical. So, uh,

uh, let's keep that in mind as, as we talk about what's the success is. We gotta get these people plugged in. Anybody that's worked, uh, in a new job, knows the first week, you don't know how to use a phone. The 2nd week you're still trying to figure out where lunch is, and it takes about 90 days before you really have have plugged yourself into the system and we've got to give a chance for these people to get in place and let the leadership, mentor him, put him in in in the right positions to get the right results. That's all I have back to you, Ms. Madam Mayor. OK, well, everybody said everything. um, one of the things that I wanted to follow up on, um, we had talked about broadcasting for commission meetings, and I have heard that the staff has put a plan in place to allow that to start happening. Um, so I just wanted to make sure that everybody knows that in the coming weeks, commission meetings will be starting to be um broadcast and recorded, so. So look forward to that. I think that's an exciting addition. Um, I want to say congratulations to both Yoan Bundy and Kristen Reyisco for your um outstanding awards there um well earned, I am sure, and uh we are very lucky to have both of you here. working hard for our communities. Uh, welcome, Francis. I look forward to working with you. Let you come on a board here. And um I just want to encourage, you know, some of the things that were commenting on, um, about, um, eating with the, the rebuild and getting answers to questions and things like that can be done right now at the rebuild center. So I encourage people to continue to visit the rebuild center, ask questions, ask the next question, go back, ask the same question over again, um, it's only by getting that repetition that it you are finally able to absorb, um, and also that the staff can um help you uh with things that, um, maybe you don't know that you,

you need, so, um, please reach out to the rebuild Center. Um, they do have, um, all disciplines there and available. Um, you can make appointments, you can do virtual appointments, um, and in person, uh, but please reach out to them. They are there as a resource to help everybody with the rebuilds, um, find out the answers and how to get you forward. It's only by getting application s in and through the process and approved that we're going to get to um a a milestone that we can all be proud of. So I'm gonna conclude my comments because we still have a bulk of work to do, and I want to get moving on that. OK, so before we go to item 7, the next item will be 5B. 0 my gosh, you guys are killing me. OK, so we're

gonna take a break and we'll be

back, um, 8:15, please. OK,

we're back. So let me guess, 5B. OK, do we have any um, we're gonna do a staff report and we have our lot of public speakers in. You're doing 5B. 0, I thought you said 5C. 5B. Correct. Item 5A was continued upon approval of the agenda, so the next item would be 5B as in boy, fire hazard, severity zones within the city of Malibu. OK Good evening, mayor and city council. Uh, the item before you is ordinance number 527, ordinance 527 is an update to and replaces ordinance number 299, which was originally adopted in 2006. Ordinance number 527 designates fire hazard severity zones within the city of Malibu, based on the state fire marshal 2025 Local responsibility, fire hazard, severity zone map. and finding such, such action exempt from the California Environmental Quality Act. Cal Fire released the 2025 Fire Hazard severity Zone maps on March 24, 2025, with the local responsibility area map being adopted by Malibu City Council on June 9, 2025. Government Code Section 51179 requires local agency to designate by ordinance moderate, high, and very high fire hazard severity zones in its jurisdiction. Since the 2025 map makes no changes to the fire hazard severity zones within the city of Malibu. No changes to the current building codes are needed and are all parcels are going to remain subject to current fire regulations. I'm available for any questions. Great. Do we have any

clarifying questions? Could you, could we please put up the map, the picture? We could work on that in a few minutes. We don't have that visual ready. OK, it's, it's, it's for the benefit of the public and whoever watches this recording, um, as I look at this, the only space in the entire city of Malibu that is not being designated a very high fire hazard severity zone, are areas owned by the federal government. Is that accurate? Sorry, Councilmember, um, Rene Purtem, if you could repeat that question, we were working on the troubleshooting as I see this map. what I see is that every square inch of the city of Malibu, other than land that is uh that is under federal responsibility area, which I assume means it's owned by the federal government, is designated very high fire hazards verity zone. Is that accurate? All of the city of Malibu is designated a fire hire fire hazard sever zone, yes. OK, I just, I, I think it would be helpful for people to see the map and for it to be part of our record that people can see on YouTube when they watch the meeting, that's all. And it's in the staff report. I don't know if it, if we're able to bring the staff report up or yeah, and I just also want to clarify that the, the federal areas are also classified that way. It's just this mount was just for the local responsibility areas. We just don't design ate that. They do, right? They do, right. But that's why the federal part is carved out because it's part of the local, not. it's a separate. Any clarifying, uh, do, OK. Um, do we have any speakers online? No, we don't have any raised hands for this item. OK, let's hold that. So I have 2 speakers in person. I have Darren Graves

and Anne Kay. Your first year you. Good evening, uh, honorable Mayor, Honorable city council members, city manager, um, I don't take any issue with adopting uh their map because it's no different from what was before. In other areas of Los Angeles, it is vastly different because they've increased the very high fire hazard severity zone. I did want to bring to your attention what is probably coming down the pike from the state government, which is going to be similar to SB 326, which the governor vetoed on October 11th. Um, the executive order that he published earlier this year, in 1825 requires the state government to come up with a law that prescribes zone 0 and WUI guidelines be enforced upon both new builds, which is already the case, but also existing homes So what that means is presumably everybody in Malibu is going to be forced to comply with these zone zero regulations by the end of 2028, and if they don't, they'll be subject to a fine and potentially a lien on their property. Just want you to be aware of that, um, the Ottoman Society is dead set against this. Dr. Longcore from UCLA uh has lectured extensively on how bad the current zone zero designations would be for our community as well as the surrounding communities because it would eliminate trees within 30 feet of any home. It would eliminate any plants that are not ember resistant or any plants that are ember in training from within 5 ft of any home, but it would really equate to is if you don't have a big parcel, you can't have any trees between your house and your neighbor's house, and trees are required to prevent the urban heat island effect from overwhelming our environment. They also can protect against wildfires if you pick the right trees and put them in the right place, so the current overreach by the

Department of Forestry, which is being forced on everybody. partly because of the insurance lobby should be questioned, and I would suggest pushed against when it does come back to you in the form of a Senate bill by the end of the year because it is going to happen, so please look up Doctor Longcour and listen to what he has to say. Thank you. Thank you, Anne. Hello, Aunt Kay. First of all, I appreciate the screen right now, um, the reason I'm wearing blue is because it's the Dodgers are playing, and right now it's 55 tight scores for blowing it for us, but OK. Oh, I'm sorry, are you guys Tivo Tivo in the meeting we we just like to not have Please continue your comment. OK, I'm sorry I, I figured you people would care, so, but thank you. Um, I like new game after that. Everyone just start watching it now. I'm very sorry. OK, I'll take that back, OK? Um, but hopefully the win Go Dodgers. So I like to feel I leave a community better than I found it. Um, when it comes to the natural wonder of what we live in. Most of it's been destroyed, and the best way to prevent people's homes from being destroyed is to build them properly so they can be among the wildness out there. One thing I did learn a while back is the Windows, uh, vinyl windows. I've advocated for elimination of vinyl trimmed windows because firefighters were saying that it would melt and when it would pop out and the flames would go inside the house, things like that, so it's construct ion reconstruction as it happens naturally and through, you know, your construction zoning. ah these are the kind of the

issues with do in Sacramento, and we're going to have to face the whole state really is in a high fire danger area. and uh you're not the if you try to please everyone you please no one, so. insurance companies will. probably have to be dealt with appropriately. and so that we all get insurance. for communities that are in high fire danger areas, which is pretty much all of California. So thank you very much, you have a tough job, and I have a tougher one ahead. Thank you. Thank you That conclude public comment, back up here counsel, real quick, cause I,, I agree with you. I, I lived through the Frankeltro and we spent all my wife and I spent all night long out in the yard with hoses trying to kill the embers and the trees are a huge benefit, all right? I mean, they, they caught most of that stuff and never let it get near the house, so I agree with you 100%. So one of the things they'll say is, um, our local cog, which is our city, Westlake Village, Hidden Hills, Aura Hills, and Calabasas. um, especially the mayor of Aura Hill. She's been very proactive on working on making a modifications to zone zero to allow for some vegetation, proper vegetation, um, and proper things within that area. Um, I don't think anybody wants to see a complete clear cutting and zero, things, but you're right, there are particular vegetation that is appropriate and does actually um help mitigate um any of the embers and other things that are coming. So hopefully our our state will listen to local leaders and things like that to to make modifications. And I think our local fire departments also are are. trying to be more proactive in education and along those lines

too. I'd like to move that we adopt this ordinance and I'll say, you know, the zone zero thing that that obviously needs to be looked at carefully when it comes up again and, um, the devil's always in the details. Um, that of course is one of the possible negatives of what's being done here, but let's focus on the positive of what's being done here. I mean, there's nothing positive about the fact that all of Malibu is a very high fire hazard severity zone, but the positive that flows from that for us at least is that we can then adopt as stringent rate, more stringent regulations dealing with fire, such as the emergency declaration that we approved a few last meeting or the meeting before that um to deal with camping in Malibu because Malibu is there are a handful at most and maybe not even a handful of uh municipalities in the state of California in which every square inch is a very high fire hazard severity, so many have significant areas, but we are completely engulf ed in it, and because of that rules that have been developed in general throughout the state, should not and do not apply here. We have every reason in the world to have more stringent rules here. Um, the other thing I'll say is that an unlike the zone 0 rule, which actually is for the high fire severity zones. There also are other statutes that are adopted and in the works that carve out from their reach areas within the very high fire hazard severity zone or which can be made to carve that out, and we need to focus on doing that always because the many times that the state legislature has been encroaching on local control. They have been willing from time to time to exclude the areas that have a legitimate reason to be excluded, such as where there is a very high fire hazard severity zone. So again, it's not a good thing that we live in this area that has that. It's a good thing we live here,

but it's not good that our area is so dangerous, but because of that we at least get some benefits in legislation, and that's why I'm supporting this proposal. Yeah you I'll set that motion to approve it. I'll second that. All right, that would be to introduce ordinance number 527 in ordinance of the City of Malibu designating the fire hazard severity zones within the city of Malibu based on the state fire marshal 2025 Local responsibility Fire Hazard severity zones map and finding such action exempt from the California Environmental Quality Act. Darker Hale, do you want to make any comments? Oh, I was just going to, oh no, I was just gonna say that I had a meeting with Travis Longor yesterday and he's a wealth of knowledge, so thank you for bringing his name up. Yeah, he's also the one that said there was a stream that the majority of the council disregarded. We talked about it, yeah, we got it. OK, let's not revisit history. Um, so I a motion is 2nd, all in favor? and opposed. OK. 7B. Yeah 7B. Am I correct? Did I get it right? Correct. The next item is uh 7B. OK I might add that you're a new face, your new faces to us, so if you could introduce yourselves. Yes, of course. Good evening, uh, mayor

and city council, city manager. My name is Ferris Stack. I serve as the environmental sustain sustainability analyst for the city's community development department. It's an honor to be here. Um, I joined the city in September of 2025. Um, I grew up in Malibu on Point Doom, so it's truly, truly an honor to serve the city, um, as a longtime resident and um as a city employee, um, and this evening, um, I am here to uh provide uh an an update on the coastal vulnerability assessment, um, I am here this evening with Environmental Science Associates, uh, civil engineer and hydrologist James Jackson, uh, again, to provide an update on the city's CVA update. Uh, tonight's presentation is a receive and file update intended to share an update on our progress with the CVA, um, and tonight we will be uh providing an overview of the coastal vulnerabilities study, as well as a summary of the coastal vulnerability assessments, uh, reports, uh, providing a recap on public engagement summary as well as an overview of next steps to complete the project. And with that, I will pass it off to James Jackson with ESA. Thank you so much. Hello, everyone. Thank you for having me. I'm gonna try to keep this brief. Um, you may recognize me from prior meetings on this project. I may or may not have had a ponytail, um, so anyway, uh, we're gonna give a quick overview of our vulnerability assessment, and where we're at in the overall scope in, in next steps to finish. And so the the main purpose of this study was to assess the

vulnerability of the city's coastline to co as tal hazards and sea level rise, and so we've completed the vulnerability assessment we've identified the potential impacts of sea level rise in associated coastal hazards and um and that purpose of that study is to understand the full scope of risks in the city of Malibu and prompted discussion on adaptation planning. The second component of the technical scope of work is to identify a range of possible adaptation measures that may be suitable along the city's shoreline and to identify near term measures that should be explored further. This, this step is really to just scratch the surface on adaptation planning for the city, and it is by no means going to produce a full scoped uh adaptation plan. on this uh the project also included a number of public engagement mechanisms that I'll also summarize. So to um quickly go through the timeline and we we are, uh, ESA was contracted back in 2019 to undertake the coastal vulnerability assessment. We produced a draft report in 2020, and the project was put on pause due to COVID-19 at the time. Um, on and off over the last couple of years, we have been in touch with city staff received additional input on our study, and we've had engagement meetings and other engagement activities and just last year, finalized the coastal vulner vulnerability assessment report in June. And now we are here to, uh, restart discussions with city staff and determine our next steps to complete the work. The public engagement included a number of different engagement tools. We were supported by Kearns and West, our subconsultant, um, on the these engagement activities, and that included several media, such as the city's website that hosted news flashes, where reproduced Project Flyers, postcards, newsletters, and

newspaper ads to engage others as well as social media and TV ads, and the technical team assembled an online webmap where anyone can access all of the data that was compiled to conduct the vulnerability assessment, an image of that is shown here on the bottom right. We also held several public workshops and surveys. The first workshop was held back in November 2023, where we presented the draft results in in our last workshop was in April of 2024, where we presented this presented the finalized study, including, uh, you know, interim survey of the community and typical next steps that could be taken in adaptation planning, and each of these public workshops included a presentation and interactive sessions to engage folks in the content and findings of the study. We also conducted city presentations to specific departments like planning and public works, as well as presentations to city council. I'm now going to give a quick overview of the assessment itself. And so the coastal vulnerability vulnerability assessment evaluated several coastal hazards for existing conditions and future sea level rise. We used um the best available information on coastal hazards and in this case is provided by the US Geological Service, Cosmos Hazard Model, and they've the USGS has produced these hazard maps for, um, just about the entire state of California now, and they are standard practice for evaluating sea level rise impacts. I want to note that, uh, these, these hazard, these hazard mapping is separate from and and different from FEMA hazard maps, and so we're we're looking here at existing conditions and future sea level rise, FEMA maps are just representative of of existing conditions. For sea level rise

scenarios, we looked at again, existing conditions, so existing sea level, what are the various hazards for title inundation, potential shoreline and bluff erosion, coastal storm flooding and wave run up. So just all of those hazards, what's at risk for seasonal uh existing sea level as well as future sea level rise amounts of 2.5 ft and 6.6 ft. This table just shows how the guidance that was in effect at the time of our study placed these scenarios in time versus what has become the adopted latest guidance based on the 2024 state and in, in summary, these scenarios have shifted a little bit further into the future, um, but 2.5 ft, for example, occurring anywhere from 2070 to 2075 based on um a more risk averse planning approach. So here, as you, you to design a building to resist earthquakes you might not have were as professionals taking the same proactive approach to identify what's potentially at risk, and so that plants can be made accordingly. To summarize vulnerabilities in the city of Malibu, development, including residential and commercial development along the coast are exposed to shoreline and bluff erosion, as well as tidal inundation and coastal storm flooding and wave run up. Uh, there's also a septic systems that are in use, and this is particularly a problem in low lying areas where existing high ground water will become more of an issue with additional sea level rise. Additionally, Highway One, a critical access corridor through the community is also exposed to shoreline and bluff erosion, as well as coastal storm flooding, and finally beaches throughout the city's coastline are largely narrow under existing conditions and rising sea

levels will place additional pressure on these beaches, um and uh but we have, you know, potentially a loss of beaches along a lot of the coastline with sea level rise. I'm gonna now go over as possible adaptation planning recommendations, which will be the culness of this study. and to identify what we, what we might be able to do as a community, we first start with the laundry list or or the menu of potential options and so we will um the team will compile all potential measures that could be used to address coastal erosion, flooding, or rising groundwater in the community, and these would span the typical range of adaptation measures that we often talk about as on the greed, green to gray spectrum, so green meaning more nature-based or living shorelines approaches like dune restoration um through to the hybrid and more traditional coastal engineering approaches like armoring, elevating structures, and other structural modifications. From that list of potential measures, we will then identify specific near-term measures that should be considered for the various subareas in Malibu, the Malibu coastline is is wonderful and diverse and so thus will require a specific measures that may be similar to different subareas and some may be specific just to one or more, or one or two areas, so we'll, we'll identify what, what near term measures should be considered. when taking the next steps on developing an adaptation plan. So to summarize, we've conducted the coastal vulnerability assessment, and now are going to um per per the uh scope and intention of the city to identify what what are the potential means of adaptation for the city of Malibu, start this discussion and set up what

will be a a more involved process to engage, not only the city and its residents, but many other entities such as utility providers, Caltrans, and other, um, you know, county uh uh entities that have a steak or um have resources within the city that need to be coordinated with regards to adaptation. Thank you. I'm here for any questions. Thank you. Any clarifying questions? Do have any public speakers No, we didn't have any speaker slips for this item or any raised hands on Zoom. Darren. I have, oh OK, let's close public comment. Back up to have a clarifying question. Well, we're, we're just back up to the council now anyway. Go ahead, I'll start. OK. This is an incredible amount of uh assessments, um, now that we have the Palisades fire, I'm wondering if that changes any of this information, or if it's giving you any um insight into all of the rebuilding on PCH and the coastal homes. Like how does this factor in? Um, I, a lot of the homes that were identified as vulnerable in the study or, or obviously not there, but uh the the results of the vulnerability assessment are still valid and hold and and I'll illuminate the various issue areas in Malibu, which are largely coastal wave storm run up and erosion. I guess that my question then is, does this change wave up brush and all of the things that we've discussed ad nauseam up here, having this information and studying it No, I, I wouldn't say so. Um, the, the approach to conducting a vulnerability assessment is often to, to let, to consider the evolution of

coastal hazards without the effects of any coastal armoring or other protective infrastructure to identify and understand the potential full risk of different levels of sea level rise. So for example, say if if a row of homes that had a woody wall that's now gone. We weren't considering that seawall in the first place as a means to to really understand the potential worst case and worst extent of sea level rise impacts. Uh. Pallage fire and, and uh Civic Coast Highway. I mean. the story I'm getting and I'm not, I don't live off of bright or PCH, but you know, there, there's a concern in eastern Malibu that said if we get a big storm, PCH is gone. Uh, so I, I, I don't know if you guys focus on, but I'll tell you what, if you could come up with some early report that says how vulnerable that place is. I think we gotta get that to Caltrans because I have not heard boo out of them in terms of what they're going to do to try and support, you know, or buffer their support that highway or do anything to make sure we don't lose it. We lose PCH, we're in deep trouble, so anything you can do to give us information about what the risk is, so we can get that to Caltrans, I think it would be very helpful. Yeah, the, we have a good number of maps in that online hazard map could be explored to look at the wave wave run up specifically, and as I understand the modeling and uh assumptions with the USGS cosmos model in in many places, and I believe this is the case for Malibu. The the homes themselves aren't really a part of the terrain that they are that is used to do the the storm surge and wave run up in extensive modeling. And so I think the maps that are in this study are representative of the the now reality of the the

homes and those structures not being in the way or or otherwise reducing the wave run up potential on Coast Highway. See if you get anything you can put together that we can give to Caltrans to say, look how risky this is. Well, I'm just trying to get their attention because we haven't so far haven't got their attention, so, OK, thank you. um, I appreciate what you've shown us tonight. What is the report in 2026 going to look like? What, what's, what's the deliverables gonna be out of this. Uh, we have a, a draft or it's now finalized draft of the vulnerability assessment, and we haven't worked out the specific details, but it could include just another chapter in that existing report to cover the adaptation uh scope that I just presented tonight. So is this gonna be a map of the coastal area that says this area is vulnerable, this is not, I mean, we've got the FEMA maps already. uh and I know the female maps are are the existing conditions today and in our uh rebuild policy we put FEMA plus one, which covers some of the sea level rise, but what what are we gonna see that's gonna be different? Is it just gonna be a map of the coastline saying vulnerable, not vulnerable, uh, this much. this much uh sea level rise, flood Caesarea, is that what it's gonna be? Yeah, we have, we have maps showing the existing conditions and then the future conditions with 2.5 ft and then future conditions with 6.6 ft of sea level rise. And so those just indicate a range of of the potential, but I think that you bring up a good point in how you're you're addressing coastal hazards in in the rebuilding effort, the adaptation section could speak more on, you know, for example, what 1 ft might mean, um, in today's sea level rise projections, when, when are we expecting to see 1 ft of sea level rise, so that the rebuilding efforts can be put into context with the governing sea level rise guidance

provided by the state. I'll leave it to the Community Development department to see if that needs to be added in there, but that's certainly an interesting point. Thank you. All right, so question and comment. The question is, uh, understand correctly that where this is headed eventually is to develop a set of recommendations that we ultimately would decide as a policy matter whether which ones to accept, which ones to reject, to modify, etc. um, as to how to better um prepare ourselves for this eventuality and, and what kinds of rules and regulations we need to adopt to better protect the homes and, and, and the highway and the city in general. Is that, is that accurate? So that, that's the typical route carrying forth towards like an LCP amendment to to codify you know accepted strategies to adapt to sea level rise, and the scope of this study is, is not to go that far, but to just get the conversation started in identifying all the range of measures that could be used in identifying near term measures and so that I can let Yolanda and others that the in the city speak to the the purpose, but the intent of this study was under, under the, sorry, the primary intention was to complete the coastal vulnerability assessment and then just kind of set, set the stage for what would be um the next phase of work on and really getting into adaptation it'll essentially establish the factual predicate for what kinds of measures might need to be done and provide the information about what might work and what might not work. That's right OK, so my, my comment is this, um, you know, and, and everything we talk about these days, you know, comes back to the palisades fire. um I think that if I, I suspect that as a result of this work at one at sometime in the future, we're going to develop rules that are going to say that a lot of the stuff that's going to be rebuilt if it were new development could never be built the way it's

going to be rebuilt. Um, I mean nothing we're gonna, nothing that the council's gonna do, I suspect is going to require anyone with a house on the beach or in Malibu for that matter, to take their house down or make a material change to it because of these vulnerabilities. There might be some mod ific ations that should be made, but for the most part, people have vested rights in their homes, and they're not going to be required to not live in them because of vulnerabilities going forward. Those same reasons and rules would dictate with respect to undeveloped properties where properties that somebody wants to just voluntarily redevelop. I imagine that it's going to be much more difficult and there will be different rules in place which aren't going to apply to the rebuilds. And, you know, that goes to the importance of getting people back to their homes as efficiently and economically as possible. It also goes to the fact that you're taking a risk. If all you do is follow the existing rules and the historical rules, which are basically being incorporated into the rebuilds as opposed to looking forward. Just, I think it's really critical that everyone understand that. I know our staff understands that the staff is going to be applying the rules as liberally as they can be under the protocols that have been established, but um, yeah, it. nobody would be building in the first instance what they're going to be rebuilding. Um, and it's, it's a real delicate balance, so that's my comments on that. Taoism, yeah, I just wanted to add some context as well. Um, so as the study suggests, it's, it's an assessment and sea level ris isn't a perfect clean science and its projections. So, um, when we talk about uh 2 ft to 6 ft, that's, you know, using low projections all the way to the high projection. So this is really just an educational document that uh as, as was mentioned, will help guide the city to see if we need to do any localota program amendments

to come up to speed with what is, what is being projected. So and then in terms of the rebuild. as you all mentioned as well, um, you know, as, as we, as was, as has been well documented, the, the city council kind of alleviated the rebuild, um. uh folks uh of not having any implied sea level rise onto their properties from the city. The residents can still have their coastal engineer make assumptions about sea level rise projections and, and, and propose that to the city. So that's not off the table. The city will just no longer require you. Um, if you're building a house in Malibu today, non-rebuild, you have to, uh, you have to meet a 100 year life requirement. You, your structure needs to be able to be there for 100 years And so sea level rise over the course of 100 years is, is part of that equation. So now, since it's just FEMA, we're not accounting for 100 year, 45 year, what have you. It's just FEMA because that's the federal mandate, but you can still, depending on what your risk level of risk is, you can, you can ask for more, so I just wanted to add that. Are we just I'm sorry, uh. any mitigation, um, suggestion is going to be in this report in a and I'm gonna give you an amateur comment. I've heard that reefs might make a difference as to when, uh, or where some of the uh wave offshore outrushes might occur. Is any of that included in your report or is that something separate? We'll, we'll discuss all the, the various mechanisms like offshore reefs, breakwaters, armoring structural elevation, yeah, they're they'll they'll be in the tool kit. OK, thank you. Well, that's along with the questions that I have with the mitigation because that's what I've been hearing a lot of, especially over the last year, um, are artificial reefs being

put in, um, other items to help regrow kelp, um, beach nourishment, um, the county's got their proposed project at Zuma Beach, um, hoping to expand that to other beaches also within along our coastline. So, I mean, are there things that we can be doing more proactive sooner? or how does this fit within the time frame? Do we need to get this assessment done, so then we can start, um, looking at potential projects and going out for funding or getting coastal development permits and working with the coastal commission, like other communities are, I, I mean, there's a 6 cities up and down the coast right now that are doing various things along their coastline, so just educate us on, you know, what does this lead to and what are our next steps that we need to be, um, getting ready for. Yeah, I think, I think it's never too early to to think about next steps and is particularly with regards to obtaining funding and and setting up grants for for more studies on specific projects, um, and so, yeah, I, I, I I wouldn't say wait, wait until we're done with this study. This, this will be a helpful um reference uh for for the city and its residents to, to look to on what potential options are out there, but you don't need to wait. There are, like you said, many other um jurisdictions doing this work, uh, and I'm, I'm working in a number of them and so there's a lot of uh precedents and examples from from our neighbors in the state. Yeah, and I think that's, that's a conversation I'd like to have sooner rather than later is, you know, what things that we can be doing to be, um, creating programs so that we can be getting funding and we can be implementing things along our coast, um, with 21 miles, we're obviously going to have different solutions for each area, so, um, so Mary,

real quick, again, um, this is an educational piece for all of us. And so as the, as we get educated, once this study is is accomplished, then we'll be able to strategize about where the weak areas are in the city and then come up with a plan about how to mitigate those impacts, those potential impacts. So not only for the individual residents, but the city at large can identify where the coastal vulnerabilities are. Any other comments Yeah, just one, you know, I mean, if, if you've got, I think the, the, the risk we run is not only from sea level rise, it's from the changing climate. I mean, the storms we're getting now are much worse than they've ever been in the past, and, and there's no. reason to believe that they're not gonna continue on for sometime in the future. So if you've got some ideas of what other cities you're doing that we could do in some of these areas, I think to soon, the sooner you can get them to us and we can take a look at doing some of that. I think it would be a benefit for the city, so think about that. That's why I also want to compliment the work that's been done, um, this is not an easy subject to get your arms around, and it's also I know politically, um. sensitive issues because there are some that don't believe in this at all in the first place, so it's uh it's brave to undertake the uh study and to come up with proposals. Thank you. Thank you. OK. Any other comments? OK, then thank you very much for the presentation. We'll move on to A day? No, we got 88. Yes, 8A is the next item. OK, great. Um so to give you a very brief introduction for this item, um, as the council knows, this February, the council intended to make appointments to the mobile home park rents Stabilization Commission after the body was vacant for several years. At that time, 4 appointments were made and Mayor Riggin C has remained vacant until tonight. Since then, Councilor Conrad's appointee did have to resign

from the commission. So we also had an unscheduled vacancy on the commission that vacancy has been properly noticed, and an appointment can be made tonight. after public comment. OK. Do we have any public comment No, we don't have any speaker slips or any raised hands for this item. OK? So we'll close public comment and do you need a motion Uh, it's, we don't need a motion. The individual council members just need to make the act of appointing their, um, selection unless the council wants to discuss the matter. OK, well, I would like to appoint Scott Bloom to my seat for the rent mobile home rent stabilization Board. Commission Commission Helen? I would like to appoint, um, Sam Shankman for my commissioner's seat. All right. Thank you. Anything else? Now, we have 2 shankman. I know it's double the trouble. Is that, uh Keva they have two family members on the same commission. Are they family members? I think it might be spelled differently, but no, it's his son. his son Oh, it's his son. It is his son. There's there's no prohibition about the, I think it's a prohibition that you hear like appoint whoever you want to have on the commission. I asked the members in the mobile home park commission, they were excited about it, so I double checked and, OK, all right. Do the track. That one's done. So now. 5C Yes, that is the final item on the agenda. OK. Staff report And look who's back. Joseph Smith just can't quit us.

All right. Oh, a voice from the past All right, it's nice to see everybody tonight, um Good evening, Mayor Reagan's counsel. I'm Joseph Smith, contract planner. with the uh planning department, planning division, I'm sorry, and happy to be able to cover this item for you this evening. So this is the Rioken bed and Breakfast Inn, uh, package. There is a series of actions. This is just a list of the, uh, references themselves. It does relate to two properties on PCH, the 227-52 and 22762. So we'll get into that as we move along. With respect to the location just east of Malibu Pier, uh, just east of the sites is the new restaurant, uh, to the west is multi-family within the CC zone. This is all commercial zoned area and um the site includes the 22762 PCH site, which is the existing uh private health club known as Tidepool Health Club, and next door to it is the uh yokan Nobu Malibu. Hotel with a motel, I excuse me, which is a 16 room. uh, facility Some views just from the coast looking in, you can see the two properties together. That's what this proposal involves the existing motels on the right, the health clubs on the left, uh, multi-family further to the left and the restaurant over on the right side just for context. Um, I wanna move in just some background, these two properties. There's been some

actions that are related to what's what's before you. So this site, uh, specifically the tide pool site originally built in 1951, a commercial property. We have records in '96 that from a septic approval that there was a residential use on the 2nd floor and a commercially used on the first floor. The planning commission did approve a coastal permit, a comprehensive coastal permit in 2015 for a remodel of the property, a conversion to the health club. the new septic system, the pool that you see, the pool deck, uh, extensive seawall repair. It also did approve a variance for the Seawall string line, which extends further than what code allows. There was an administrative approval done uh through the planning department, also in 2016 for interior exterior remodel. This is where the commercial scale kitchen that's currently existing came from, there was a parking lot reststripe and then a conversion of that 2nd floor apartment space to an office, which is what it currently is used for. So this site previously was an art gallery, and today it's uh it's a private health club and that existing health club isn't allowed use within the current zoning, which is CC so it's not a non-conforming situation here Just have some photos from a site visit that was done, uh just looking around the property, you're probably already familiar with with where this is at, but there is a picture there of the pool and pool deck, which has come up and passed hearings with the planning commission, so. looking at the motel site next door, originally built in 1950. It's actually been used as an overnight accommodation uh use since then, um, 75 years. There was also a coastal permit approved in 2013 for a remodel of this property and a conversion from, you may remember the Casa Mabu Inn, which was a 22 room motel. It was 21 rooms plus a manager unit that was uh converted over to a 16 room motel, which is currently existing. Uh, there was also extensive updates to the property, including the septic system, seawall repairs, and so forth. Uh, this use is

considered a legal nonconforming use, and that's because it's a motel within the CC zone and the CC zone does not allow motel uses. Um, there is reference in the staff report to the amortization schedule, so going way back to cityhood there are uses that carried over into the cityhood that were supposed to had uh if there was a need for a conditional use permit if there was a need for zone changes, that type of thing. There was a period of time for them to do that. This is one of those properties and so what happened here is there's been a series of extensions to that schedule, that amortization schedule through the planning commission process so that the uh property owner could obtain the right permit for this use as well as the zone change and so that is just some background context for you. Again, some pictures of the Riogan Motel site here. In terms of zoning Now this map gives you a good picture of what's happening just in the vicinity. You have the CC as in green, CV1 is in brown, that gray zoning you see there is multi-family, so this property is bordered both sides by commercial. and including those multifamily units to the west. Those are actually in a commercial zone as well. But that's the uh context of the site. So if this, if these were changed to CV1, which is what the request is. You can see that it's in context to the overall commercial use of this area, and there is CV1 within the area as well. This is just a snapshot of really the bulk of what you're looking at this evening. It's a picture of the existing zoning. If you look at the existing zoning, uh, in Landy's column there, um, it kind of walks down through the different codes and such. Everything is CC except for one item, which you see, which is CV1, and that's the tide pool property. It actually has a general plan land use designation of CV1 already, and this is one of those from the past. Um, but generally, the

idea here is that the entire uh would be made, made in to be consistent with the CV1 land use designation and zoning and so that would involve several actions that are in the package tonight, but you can see how everything changes over to a CV1 land use and and zone. Um I just have 4 exhibits here that we're gonna walk through. These are just uh snippets out of the existing maps. And so the actions that you have with adjusting the land use and zoning. It's nothing related to text in your codes. It's all map amendments and so this is how we do it. Um, so the general plan, these are older maps and so the detail is hard to see, but if you look down in the in the bottom there where the the red boxes, you can kind of see the CC in the background there and that's identifying that the yokan Motel site is currently a CC landy designation and next door to it is that CV1, and that's the tide pool site, so we would be changing the landysation to CV1 as well for the motel site, and that's what that's reflected there. Now the second item that's needed is amendments to the uh municipal code Title 17 zoning map, and so that's also what's being reflected where you see that blue arrow, uh, that would, that is what the amended map would look like. Currently it's red and it would be changing to blue. for the uh CV1 zoning under your municipal code. This would be for both parcels. And then the last item is the local coastal program. There's the land use plan, which is similar to the general plan, so we have to adjust the land use designation there and that's what this is identifying currently, it is green and that bottom picture, it would be changing over to that, that brown color, and that would be reflecting the CV1 land use, and it's the same thing for the local implementation plan, which is the zoning side of the LCP and uh same, same idea. So all these maps are reflected in your resolution, in your ordinance. These are exhibits that are attached, just that

would carry with the record. OK, moving just to the actions, so you have 9 actions that are before you this this evening. The first is related to sequa. We did process, we did prepare an initial study which had a finding of a negative declaration. Um, ultimately finding that there's no significant effect on the environment related to this change of use. The second items are 23, and 4, which is what we just covered. It's the map changes to your general plan, uh, zoning as well as your LCP. And again, it's no text, it's all just math amendments. Then we move out of legislative and we have to move into the entitlements because we also have to deal with that as well. So we have a coastal permit, which is your lead, which is the lead permit that authorizes the change of views from the motel health club over to a bed and breakfast as well as authorization to convert that office space. There is a CDP amendment which has to be resolved, and that's because that that 2013 tide pool uh site coastal permit has a specific condition that needs to be adjusted to fit the planning commission's recommendations to allow the pool only for guests of the bed and breakfast, and currently it reads, it's for users of the site related to um to the the health club and so forth. So that needs to be adjusted. Then there's a conditional use permit. This authorizes the use of a bed and breakfast on both of the properties in the CV1 zone, and it also allows for alcohol service on uh the properties as well, and we'll get more into that in the presentation. There's a lot tie component, which is a mechanism used to jointly hold the properties together and uh there's explanation why in the staff report, um, I'm sure the applicant will go into that as well, but that's something that is also being asked for as part of the package. And then lastly is a letter of convenience. This is a this is a potential requirement that we may get from uh the ABC for the alcohol license component of this, which I'll cover in a minute.

Um, but if we're asked for that, then council would be authorizing your community development director to issue that letter of convenience. So again, just um summarizing the scope, it's a, it's the conversion of the motel and the health club into this joint use bed and breakfast. It involves 17 guest rooms, uh, so currently today there are already 16. Those were would remain as is, as part of the motel side. The one new would be that 2nd floor office space on the health club site. There is already an existing gym, uh, existing pool, existing pool deck, the existing kitchen. So the applicant has represented that there's no exterior or interior construction needed to do this change. It can all be facilitated with what's there, uh, save for I guess, um, a minor improvement in the kitchen with a sink or something like that potentially, but overall that's the scope. And then um all amenities and services on this property would be for guests of the bed and breakfast only and we've, we have a footnote in there, which is also in the resolution that clarifies these are customers that are that are staying overnight in the facility, and that's what's meant by guests of the bed and breakfast. In terms of operations, it's, it's 7 days a week, uh, fully open. It has concierge bellman housekeeping, guest services from 6 to 11. Uh, the gym is open from 6 to 10 in the pool is open from 7 to 10, um, combined, there's 25 parking spaces between both properties that meets our code requirement. It's one space per room. There's 17 rooms, 17 guests, and 8 staff parking. The staff parking is actually a little more conservative in how it's been applied on this one, the code requires an average. Employee, we just did it as your peak employee, so we're requiring all 8, we're not going with the average just to make sure there's enough parking on the site. Um, again, all amenities and services exclusive to the bed and breakfast guests only, there is no restaurant on the property and there's no bar on the property. Um, it operates as a bed and breakfast with meals

being provided to guests as part of their stay. Um, this, this last point here is we'll touch on this in a minute, but there is actually a uh some conditions in the resolution which were added after the planning commission's recommendation that essentially prevents any events on the site from occurring under a special permit, such as a temporary use permanent. Um, that's probably new with what we've seen here, but this was intended to really tighten up what uh could be allowed here and what could not be allowed here into the future, uh, given its location, so we can talk about that a little bit more. In terms of alcohol service, uh, the Riokan Motel actually has two active alcohol licenses currently? It has a Type 66 and a type 70. This allows for minibars, um, or the minibars in the rooms as well as on-site consumption of beverages within the premises. And so those are currently active. Uh, the Tidepool property has zero active licenses, and so the applicant has requested ABC extend the licenses from essentially the reopened site over to the tide pool site. It would allow for the minibar in that 17th guest room that's being proposed, as well as uh being able to have beverages out. in the, in the, in the, on the whole of the uh the bed and breakfast operation. So that clarifies the, the alcohol piece there. Um, I just have some site plans, um, you know, a lot of detail here, but the ocean's on the bottom. This is just an overall site plan of the Rokan Motel site, just showing the layout, the courtyards and such. This is the first floor. You can just see the little, the boxes going around, those are all the existing rooms that layout on the Riokon site, and then the 2nd floor, there's that 2nd floor component uh by uh PCH. This is the uh taipo site plan, oceans on the right in these images, so you can see the pool there, the pool deck, you have the overall uh building footprint, parking. Uh, this is the first floor, so the gym is

up front on the first level there, you have the kitchen behind it, you have some storage and so forth um on the PCH side of the property and upstairs is the guest room, which is in that current configuration today. It would just be converted over to the guest room. It has a bathroom and so forth already. So planning commission did review this December 2023. They did recommend counsel adopt the package of items that are before you. There were some changes that the planning commission did recommend and so let me just walk through those real quick. Um, this initially came in under a CV2 request and so um just one planning one on one again, we have uh CV1 and CV2. The main difference between the two is that CV2 allows for hotels. Hotels are your most intense overnight accommodation. You have restaurants, you can have bars, the public can come in. It's your typical hotel operation, a CV1 limits to just motels and bed and breakfast, and so motels, bed and breakfast, they don't have meeting rooms, they don't have restaurants, uh, public isn't allowed just to walk in and use the facilities and so the planning commission recommended that uh this needs to be a CV1 land use and zoning change, not CB2, and the applicants since that time is already represented in uh in writing that they're they fully accept that and so that's what's reflected in your package tonight. Um, also the planning commission wanted to be very, very clear that the pool uses by a bed and breakfast guests only. It's not open to the public and so forth. Um, that the pool use and all, including all lights, everything ceases at 10:00 p.m. nightly, and so that's reflected in there. The planning commission did allow for special events as typical on a commercial properties, so, um, you know, the way the way they saw it is that the uh property owner could apply for a TUP and have a special event out there, but they wanted to make sure that on-site parking would never be used for special events. And so that was how it came out from the planning

commission. Um, so what you see at the bottom, and this is also reflected in your resolution as we've tightened those conditions up. So what we're asking is that we actually go one step further and and actually require that no special permit, such as a TUP could ever be requested on the entire property except for filming promotes. That's the one exception. And then there's also a language in the conditions that say that all on-site parking is for bed and breakfast, uh, guests. or for the filming permit use, but regardless, staff parking must be maintained at all times. In the event, say there is a film permit or something like that that's out there. Now this is in your staff report, but what it does here is the strikeout language on the left of these two columns, that's the language that came out of the Planning commission resolution, and so that was the planning commission's work that they were trying to get these conditions in on the right side are the amended conditions that staff is proposing. So you see conditions 17, no live entertainment requiring a TUP, for example, is permitted on the property. It's real black and white. Uh, number 15, special events requiring authorization by a special permit such as a TUP are prohibited, with exception to filming permits. And then we have the parking language over on the right side, which essentially says that the, you know, parking is intended for BMB and at all times, uh parking for staff shall be provided no matter what's occurring on the property. OK, um, changing gears a little bit, we need to talk about the inlo fee, and I know you're familiar with this. Our local coastal program requires a payment or on site uh provisions for low cost accommodations be provided when you get into projects like this, um, in a nutshell, uh, the, the section of our public access ordinance essentially says that if you're charging room rates that are that are more than 120% of the median rate within the city, you need to either provide for low cost

accommodations or you can do an in loop fee to provide for construction of low-cost accommodations, um, in the Santa Monica Mountains, and so, uh, the 16 rooms that went through earlier within the city, the applicant has already paid for those 16 rooms. That was 33,800. That's been paid. Uh, there's no further payment as a result of this conversion. There is one new one net new room, that 17 guest room which would trigger the inlo fee. And so the way the math works is that 19,000 number you see there, uh, the LIP has a rate, it's 10,000 and some change. We have to adjust for CPI since January 2002 and that today is about 19,939. Then you times that by 15% under the formula in our LIP and so the applicant under the LIP would be required to pay that 2990 number and that would be their inlo fee. Um, it's, it's considerably low. That's been spoken at times in the past with respect to how the Malibu's LCP is set up, um, it's my experience that it's not set up that way anymore. Um, it's done more through fee studies andut essentially that's what we have in the LCP today. The applicant has voluntarily offered to add on top of that fee, a voluntary inlo fee which is based on a rate that comes, it's 149,000, which comes from a coastal commission staff presentation last summer that they presented their commission. They were saying at minimum it should be $149,000 a room. You know, you can see the the difference between our 19,000, for example. And so the applicant has elected to provide this this additional 19,000 on top of the 2900 and so you can see the math on the bottom. It's aould city, and at that point, the city has that money. The city could transfer it to another agency, to a nonprofit, that type of thing under an MOU, um,

we've been down that road before, but that's, that's what's going on. Now, there's been some correspondence that's come in. Uh, William Overton, he resides at that multifamily just to the west. He had some comments about the pool and deck use and some concerns about nuisance. Uh, there was an email today from Bill Samson, uh, some concerns about the alcohol allowance. with the project. Uh, John Hines is the applicant representative. He had provided a letter with uh some background and supplemental information, and then there's um some support from some guests that reoken as well as uh to Malibu businesses that I I believe do business with the reopen motel. Um, as part of a council's consideration, there was one condition, uh, this was just the typo that we missed, uh, but Condition 14 in the resolution, it, it currently says hotel guests that absolutely needs to be taken out, so my apologies, but it would, it would read uh by guess of the bed and breakfast in, um, specifically, and so we would just ask that this get read into the record if council moves forward with an approval tonight. And this relates to the swimming poos. And so with that, uh, 3 components here. The first is your resolution, uh 2551 with those minor edits to condition 14, that takes care of the bulk of what's before you. You can see the list of all the actions there, uh, listed out. uh but because this also does touch on zoning. We have to do a first reading of Ordinance 528, which deals with the LIP as well as the zoning map amendment, and so that would happen uh this evening as well. And then we would need direction to uh do the second reading of the ordinance at your next meeting. Um, with that, if I, if, if this is approved, I'll just explain this is one of those that we then submit an LCP amendment package up to the Coastal commission that goes to the certification process, so you will see this again when it comes back to the city and then goes back up to the coastal commissions, four-step process. So tonight's step one. and then

these uh all the entitlements that you saw, the coastal permit, the CUP, those are all effective if the certification process carries forward. And so if it doesn't, there's language in there that essentially um extinguishes it. OK, that's it. Thank you so much. Hey, thank you very much. Um, any clarifying questions? Uh, I've got a couple real quick. uh the pool question uh, kind of bothers me on this. First off, why was it never permitted to be open. I was by there today. We'll do the disclosures in a minute. It's by the day in the pool is unused, it's just like, uh, landscape on him at the moment. Why is that? And also doesn't the local coastal plan require that a pool on the coasts have public access? Hm Yeah, I, I apologize, I didn't hear the first question. Well, um, why was the pool never allowed to be used in the first place. It's, it's apparently not being used now, it's just there. and doesn't local coastal plan require the pool, a pool on the coast to be used by the public. Yeah, so what I can say is, um, I mean, I wasn't around when this went through the planning commission. I know there was extensive discussion about the pool, um, and I'm certain the applicant probably has comments about that whole process. I think they were, they were here through that process. Uh, I don't, I don't know why the pool's not being used today. Um, what I do know is the conditions that were in the planning commission resolution limited the pool use to uh to users of that facility. OK, but then that brings you back to the local coastal plan. Isn't there a provision that says a pool. along the coast has to be opened to the public. So, you know, from from my experience looking backwards on this, um, it wasn't determined to be so clear. OK. All right. And who does the fee actually get paid to? I know this, uh, uh. mitigation fee or whatever it

is, and there was discussions about someone being paid to the MRCA. It's just, can we be sure this is gonna stay with the city. Yeah, so this fee gets paid to the city. and it would be at that point, um, uh, counsel or, you know, however the process plays out, but the way that the code section reads is that the city can transfer it to a nonprofit, to another state agency or even private under an MOU. There has to be some action of counsel to transfer the money. Um, but it, it's a fee to us. Um, sometimes these fees get paid at the coastal commission. There's been times in the past with city items, that's because uh there might be negotiations later down the road. This is a city action city uh city payment. All right, thank you. Chris I went too quick with maybe three. He has been, uh, why is it unclear that the poor both of you open to the publi o What, what is unclear to you about that statement in the Coastal Commission. and LCP I've just, that was your, your comments clear, no, I mean, it's, um, you know, honestly, it's like, I, I think that the way that this was discussed at the planning commission levels that it was, it was unclear if it's, well, is it unclear to you? Um uh, you've been doing this for a while. I mean you, you understand this, I think let me let me get back to you a little bit later. Let me, uh let me look into it. I'm not prepared uh Second one, why do we have, why are they allowed to have film at it on the property. I mean, my concern is every time I've seen a film event, it, it takes up re blocks up PCH. It's, I mean, that, that's the congested area to begin with. And if I start putting filmy in there, it's, it's not gonna help because, because the people who park on the property have to go someplace else. There'll be stuff on the street. I mean,

why don't we just say no, no TUPs period. OK, what is the benefit of giving them a permit for filming. Sure. I mean, it's, it's counsel's discretion. We've already taken out the TUP component, so special events under TUP that would not occur. Uh, the filming, the filming permit, it's just um the way it came through from the planning commission, is it allowed for special events and film. So we kept the film piece in there, uh, you know, that's. you don't know why they want just a film permit, why that was. maybe they can talk. Yeah, maybe they can have the specifics, but it was to allow something out there that um I think has been maybe a little more uniform across city sites. uh. and just my own edification, why does the city have to give them a letter for alcohol license. I mean if it why, why, why have to participate in that? Why can't they go and get it? And if they get it, they get it. If they don't, they don't, but I don't have to stick my two cents in there. Sure. So the yokan motel site has the alcohol licenses today, right? They don't need a letter for that. Uh, they're asking to extend it on to the tide pool site. Um, we don't know if ABC will ask for the letter, but you know, just from past knowledge, sometimes we'll get a request that they want to know if if the if the the city is willing to sign off. So what's happening tonight is if you're comfortable with that, you would give your director the authorization to sign that letter if we get asked. I don't know if we're going to get asked. They're still in the process of requesting that that that transfer of the license over. So, and, and my last one, Overton wrote the letter, and he was concerned about noise, right? I mean, what have we put in the, in the ordinance that protects the residents near there, and they, you know, we, we dealt with that with uh Soho Restaurant. I mean, you know, I mean, we've been, it took us a long time to get that noise issue resolved over there. So if we got something in the ordinance that says, there are

some restrictions on noise and we've got some ability to do something if it becomes comes out of hand, goes out of hand? Sure. Yeah, there's, there's a, well, let's just work backwards. So the, the prohibitions on special event on live entertainment. OK, those are, those are. um those are guardrails, so to speak, that would prevent certain uses from happening out there, special events. There is, uh, there, the planning commission did add the 10 p.m. cutoff for use of the pool deck and lighting out there, so that's in the conditions. Can they play music? Uh, there is an allowance for ambient music. So background music. That's the same problem we had with Soho. Yeah, I mean, that's, that's in there. I'll just, I'll be, I'll be, I'll be I'll come back later and that's good. OK. All right, I got a lot of questions. First of all, what are the current hours of operation of the Health Club? Of the health club? Yeah, I, I don't know offhand. We can ask the applicant that. Well, we don't have it in the record, right? No. Do we know what the current membership of the health club is? I don't know the current membership. OK. Um, do we know if people who use the Motel, have the right to use the health club? Um, I don't have anything in the record on that. OK. Sure, or sorry, Marinerrote, can I make a suggestion? Uh, I don't know if Trevor was gonna announce this or not, but we wanted to, um, you can continue to ask staff, no problem, but we we've realized for a lot of these land use uh projects that there's a lot of um questions asked to staff that could be better fit for the applicant to be asked, and so um we just wanted to invite you guys to, uh, if you wanted, you can have an open dialogue with the applicant. But you can continue to ask questions. I just want to say instead of, you know, if there's, if there's, you know, staff is really here to answer questions about compliance with the LCP and if there's

questions related to that, we most certainly can, can answer those, but if it's project specific questions or details about what conditions they might be amenable to, we, we ask that that be at the applicant. Fair, fair enough. I appreciate that. Right now I'm just looking for facts and finding out whether the city has this information or not. If the if the answers as it's been given, we don't know the answer. That's perfectly fine answer. Um. what filming rights do they currently have on each of the two properties. under current conditions Uh, they would be eligible to request the filming permit. um, on both the properties today. I mean that there's no difference today or tomorrow, yeah. Bruce, sorry, your answer is on page 4 of 30. The gym will be open from 6:00 a.m. to 10:00 p.m. and available to guests of the bed and breakfast only. Deck and pool, said he was asking I'm The current health. OK, um, would the extension of the alcohol license to the portion of the, well, to the building which is currently the health club, um, mean that alcohol could be consumed at the pool and in the gym. It could be, uh, yeah, it would be extended onto the pool deck and all that anywhere in the building subject to whatever restrictions the whatever the restrictions are, but you could consume alcohol in both, both sites. All right, Steve asked about the swimming pool being open to the public. I mean. this is more of a comment than a question, but I think the applicant's entitled to hear it before they speak um I've looked at that question historically, every time something comes before the city council for a motel or a hotel where there's a pool and. I, I don't see any reasonable interpretation of our code, other than you're not allowed

to have a pool unless it's open to the public. So what is the, uh, you said you wanted to reserve till later, but what's, what's the, the, the reasonable argument that the language doesn't mean what it says. So let me ask, are you referring to the recreational facilities section, yes, yeah, there's a whole chart with X's and dots and every time the pool comes up with respect to a hotel or motel, it says it's not, it needs to be open to the public or it can't exist. Yeah, so, you know, it's a uh it's it's it's a good question because also on that list is Motel. Also on that list is hotel. There's other uses that are the primary use, and so I think the question that you're asking is if you see hotel or motel and you see recreational facilities. Is it both? So is a pool that's associated with a hotel, a recreational facility or not. I mean, we're, we're going down a, we're getting the weeds on it, but this is the discussion in the, the thought process that goes into it. So it, the hard part here is that the table B LAP table B, it doesn't specifically say pool or no pool in in uh in the zone. Now, if you have a recreational facility, so you think of our recreational facilities that we do have. We have uh beach clubs, for example, right, which have amenities in them. That is a that's a recreational facility. That is the primary use. And so, you know, just to answer your question, it's, it's hard to answer, and I, I don't mean to be just kind of, you know, gray about it, but it is, it is gray, and I think that it's, it's one of those where it's a policy call. So that's fair. So actually the current health club is a recreational facility, right? I'm sorry. The Health Club currently is a recreational facility. Uh, it's I, you have to give me a minute to find the exact terminology in the in the there there could be health clubs that are private health clubs, which have private uses, so we're gonna do some research to see what private and by making it private, you get to eliminate

the requirement of being having the pool open to the public. We're gonna do kind of, that kind of is a hole in the rule that drives a truck through it. Uh, but just to go back in the history of the of the original application for just the uh manager's office is it currently is it currently called the um that was permitted as a private health club, and so we're just gonna uh double check into the resolution regarding regarding those conditions. In any event, I'm I'm correct that this is our code. We, we, we as the city council get to determine what it means. So if if we, if a majority of us determined that the way that that LCP properly applied is that a pool in a hotel, motel, or recreational facility needs to be open to the public, then that's the rule. Is that correct You are a decision maker, so yes, you can, you can latitude. OK, CV1, are they allowed to have food service? from food made on the property? CV1 is allowed to have bed and breakfast, which serves food to guests, yes, I, I have a recollection of that issue coming up with the country in, and I thought that they weren't allowed to have food service, which was the reason that they were seeking to get some zoning change. Um, so if I recall and, and I apologize, but was the country in a motel project, correct? OK. So motel, that's the difference between a bed and breakfast and a motel. OK, so what is the legal difference between not what they can do, but what, what causes something to be a bed and breakfast versus a motel they're changing the name, Service of food to guests. So if you serve food, you get to call yourself a bed and breakfast. If you don't, why wouldn't the country and just call themselves a bed and breakfast. So there's, there's 3 tiers and they're all defined in the LCP. A mot el use has no food services whatsoever. A bed and breakfast Inn as is being applied for here, has a, a kitchen, food services available, but not open, generally open to the public like a like a restaurant use,

and then the hotel, which is the largest here, is a full service restaurant. I I, I get that, but my question is, what makes something eligible to be called a bed and breakfast in the first instance so that it can then have food service versus being called a motel, and it can't have food service. Yeah, I think, I think let's maybe work, uh, let's work backwards. So let's start with hotels and we're not dealing with a hotel. No, no, I just to answer your question though, like, just from a, from a planning perspective, OK? So hotel allows for has restaurants, meeting rooms, all these kinds of extra amenities in them, plus overnight stay That's CV2. Then we go to CV1, which kicks all that out. No restaurant, no bar, no meeting rooms, right? Not generally open to the public, so it leaves us with, you still have rooms, right? So that's a motel. Now you serve food to your guests, and that's a bed and breakfast. They're very similar. They are, they're very similar. So, so in other words, the country inn was just foolish to not say we're calling our property a bed and breakfast, and then they could justify having their food service. They've stupidly called it a motel. I didn't present on that project and so I can't, but I don't see, I don't accept that that's the case. There's got to be a legal description of what you, you have to qualify as a bed and breakfast, not what you're allowed to have if you are a bed and breakfast, but what you need to be to qualify as a bed and breakfast. versus go ahead. I was going to say, do we have definitions in the LI, that's exactly that we can be read to that's exactly the legal basis for for these for those three types, we can pull, we can pull it up, but that's exactly what it is. A motel has zero food service. uh proposal or, you know, capabilities, they're not applying for any food services, a bed and breakfast in is the middle tier, so they don't have a full service restaurant, but they can't. They have a kitchen that can serve food to guests only, and then uh uh a hotel by definition has a full service restaurant, is there anything in CV which one is, which one

are we being asked to do the CD1. Anything in CV1 can, can any accommodation for guests in CV1 simply be arbitrarily labeled a bed and breakfast or a motel by the owner so that if they call it a bed and breakfast, they get to have food service and if they call it a motel, they don't. Is that, I mean, is that basically how it works? So what we would do is they would have to meet the definition of bed and breakfast in the LIP or motel in the LIP. I can read those too if you like. Yeah, is it in our report? It is. What page actually the footnote for bed and breakfast is on page 4. At the bottom, footnote 4. And then we can read to you or pull up the definition of motel. We have it on the screen too if you give us a second. If we could get help from broadcasts to display these screen again. These are conditionally allowed uses, so they apply for this and it has to be approved that the findings are made by the counsel of appropriate conditions. Yeah, thank you for the clarification. And then we'll move to motel, just say

so. OK, go ahead. Um could you go back to the other one OK, thank you for that. I, um, it, it it's, this is still, like I said, it's confusing to me that you can be. either of them, one has. rights, the other one doesn't have simply by calling yourself one or the other, you get, I mean, it, I, I don't understand why anybody would call themselves a motel if that limits what they can have when they can equally be called a bed and breakfast and then have other things and still be the same exact structure that I to me it feels like there's something missing in the analysis because of that, and usually when you dig deep enough, you find it, but maybe it's not there. Maybe it's just not, just not there, um, the How did the changes from what the planning commission resolved to what we were being proposed to resolve come about. And before Steph answers that question, if our broadcast could just take down the um screen. And we'll go back to our normal view. Sorry, we're working some things manually tonight. Thank you. So on pages

9 and 10, there are 4 changes staff is recommending from what the planning commission resolved as if I understand that, how did those changes come about? Yeah, so those are uh those are staff recommended changes, so they, they came about from you're looking at them, you just, you just thought yourself out, I think these changes are, it's, it's because of the, it's because of the location and the proximity of that area and the planning commission seemed to have some concern in their discussions about live entertainment and special events, and so they didn't they didn't, did not uh prohibit special events from occurring on the site, but it seemed like that was a concern. and so, uh what the uh proposed language there is, is just a way to further restrict it. Um, I did talk to the applicant about this, and the applicant did submit an email to me that said they are fine. We'removing these special events, and so that's basically how it happened, so I just put it in the staff report as a as an option for the city council. You can go back and allow the special events if you'd like. You have the, the planning commission language there, but it was just another way of tightening it up. OK. What about number 30? Yeah, so this one, number 30 was related to, um, events, so the way the planning commission read is that you had to um provide all you, you can't take away the on-site parking for the use if you're going to have a special event, so you'd have to have, you know, offsite parking and that kind of thing. So 30 is related to special events, but because there's no special events, we can just delete it. OK, so as I read this, there could be special events, just not the ones that require authorization of a special permit. Uh, there could be events that are associated with the bed and breakfast that are

allowed allowed uses of, you know, um. like uh people congregating around the pool deck, right? That's part of being a guest there. uh, they could have the film permit, but they couldn't hold a, say, a wedding, for example, where everybody gets to come and they get a TUP to do some some special event that's beyond the use of a bed and breakfast. All right, I'll, I'll,, I'll, when we do the deliberations, I'll, I'll come back to those, those because I have some word changes. um those are my questions for now. Thank you I spell for one quick, a quick question that Bruce just asked. If they, if they rent the at both locations, if they rent all 16 rooms and hold the waiting for those 16 people. Can they do that? Uh, the, uh, they can rent the 16 rooms and then hold the wedding. Well, there's no allowance for weddings. It's not a, it's not a use of a bed and breakfast, it's not a meeting space. As long as every, even although all the people were actually staying in the hotel, and those are the only people invited to the wedding, they can't hold the wedding there. They're, they're not allowed to have special events on the property. There's no meeting. There's no, as opposed to a hotel, for example, right, you could do that. Yes No, no. Anybody else? Public comment Public Public comment disclosures first and then shouldn't we not shouldn't all before the public hearing is all this matters, you can do disclosures call the item or right before the public hearing others fine. OK, I'll go first. Um, so I visited the Thai pool when I was a small child, and my mom shopped there, um, let's see, as a um employee of the city of Malibu, I was able to visit the site. I've never stayed at the site, um, other than that, I've got no association. I was offered, um,

the opportunity to come as part of this hearing, and I, um, inadvertently did not respond to the emails. I apologize, but um I know the site, so I'm, I'm not worried about that. Is there anything that you learned through that experience that's not in the report. Um, I really like the seashells that my mom bought at the tide pool, so I missed the shore. I have nothing to disclose. I, I know nothing about this property. I haven't visited it, haven't talked to anybody that that's associated with this or even anyone that's not associated with this about this project. had nothing to disclose I watched the December 18, 2023, public uh planning commission meeting, I went and met with them today and saw the property I've never stayed there. um and as far as anything that I've learned, I did learn that they have private cars to get people to support local and I they hire local people, and that's all I know. I did a site visit, uh, today at their invitation. Uh, it was about 20 minutes. We toured the property. Uh, I'm not sure if there's a disclosure in here about the pool use or not, but um they disclosed to me that they, uh, the pool was not being used, um. and that's, that's probably the only thing I learned that isn't in the report. He said, OK, I, I had one other question that I forgot to ask. So, OK, um, is this report talk about the number of parking spaces they're required to have somewhere. Yes, where is that? Give me a minute I didn't doubt that it's there. I just didn't memorize it talks about 17, 1 per guest room, and then we did 8 for staff, which the code has an average of numbers in

Newport? Uh, it would be finding 3, page 26. under uh finding 3 is related to your CEP. So about halfway into that paragraph. property currently has 25 parking spaces. Yep, and then just keep reading there, it'll go into the code section. Now there's, there's two different buildings here now, right? Correct. But that doesn't make any difference. We're gonna treat this as if it's one property once this is approved, if it's approved. Yep, there's, there's the two parking lots, 25 spaces total. OK. So there's the assuming this analysis is accurate. there will be no requirement as a practical matter for anyone to park off site that's using the facility, that's correct, yeah, and finding 7 has a little bit more if you want to uh go to page 28. It just shows the breakdown between the two sites. OK, thank you Um, before we open public comment, we've had a request for a quick break. So if we're going to take a 5 minute break before public comment. Um, please do not

speak to any of the council

members, um, during this break.

Um, thank you for that. Mary, we're back. Um, before we start public comment, could you educate us on the time limits of all the public speakers, please? Sure, so the, the procedure that um that I was you recommended we put in place tonight is that the public hearing will be open with up to 15 minutes by the applicant team. They can reserve time from that for rebuttal. After that, the public will have an opportunity to speak under the rules for public speaking, which is 3 minutes plus up to an additional 4 additional minutes if they're don ated from time. After that, there'll be an opportunity for the council to ask questions of the of the public, um, and then the opportunity for the applicant to use an 8 remaining time for rebuttal would, would, uh, be the procedure for tonight. So there's a question, uh, why the applicant gets 15 minutes for this application. Believe that's the standard amount that's in our, yes. Yeah, I just, I thought that applied to an appeal, not a change. I don't believe the resolution is specific to appeals, I believe it just references public hearings, which resolution 98, sorry, give me one moment. I don't have it in front of me. I think that's the same procedure for the planning commission would be consistent with the planning commission, which is established from the council rules, but we can double check what the policy is. Sorry, one moment. It's resolution 98-83. and I can read the relevant section on time. Um, so the the title is Public hearings Required by Law at the start of each public hearing required by law, the presiding officer shall announce the item for the public hearing and then introduce the staff report, following the staff report, the applicants, appellants, and or

their representatives shall speak first and have 15 minutes to do so. Any portion of which may be used for rebuttal. So there's more information after that, but that's the relevant section for the time limit. It says applicant appellant. Applicants appellant, and slash or their representatives. Yeah, I mean, it does, it sounds like an appeal, but don't we have public hearings on all kinds of ordinances and we don't give anybody 15 minutes. Well, you, you have an app, I mean, this is an applicant appli you have an application from the applicant that's active here. There is a legislation legislative portion of it, but because it is an application, you have an applicant here that would be entitled to the 15 minutes. We have an application here, so you have application for they're applying for the CUP, the CDP, and the, the, the, the text changes to the general plan, the LCP and to the, the uh zoning code, so you have an applicant here, so under the the rules here they would get the 15 minutes and that's the standard procedure that we do in the planning commission as well. It's an applicant-driven, um, hearing that we're having tonight. Any other questions Madam Mayor, also, uh, I spoke with the, our planners over there to add a little bit more description about the pool issue the interpretation that we believe was also put in place by the planning commission when this was heard forward was that just because there's a pool does not mean that it's a recreational facility. The pools of the interpretation is that pools would not be that this is not a recreational facility. The pool is just an accessory part of the B&B just as it was an accessory portion of the office and that was the interpretation by the planning commission previously, so the council's welcome to interpret the code, that that's what you're doing here, but that is the argument,

and that has been the previous interpretation. Yes, I, is there any formal interpretation by the city council historically of that provision. I'm not aware of anything on that. No. So, it's an appellate decision and we're the supremes. I, there are other pools that are up along the coast. And I've always, and I've always thought they were improper because they weren't open to the public, yeah, I agree with Bruce. I thought the rule was there are supposed to be open to the public as you're I'm sorry, I agree with Bruce. I, I, that's why I asked the question. My, my understanding was if it's pool's supposed to be open to the public, that's but. a little red on that later. Let's get going. OK, John. you have 15 minutes. Please let staff know if you'd like to reserve any for rebuttal. Uh, thank you, Mary. Yes, I'd like to reserve 5 minutes for rebuttal. Alright, good evening, everyone. Uh, John Heinsley and Milaukins on behalf of the property owners, North Broadway Ventures and Waybreak. Appreciate the opportunity to be in front of you all tonight. Uh, can I have my presentation brought up, please? Thank you so much So just a little bit of detail, I mean, we appreciate staff's detailed presentation, but you know, the Riacon, it is an intimate small motel. Uh, it's been there again former Casa Malibu inn, and there's no structural changes as part of this project. It really is about the ethos of tranquility. This is a place where our guests come for rest and relaxation, and it looks to honor the traditional Japanese ends, and right now there's quiet hours from 10 p.m. to 7:00 a.m. every day. Those will continue. Uh, the tide pool again, former yiro Gallery, currently has a small workout room, the pool, the office, the storage areas, and the pool, as we've discussed, has been

closed since 2017, so the pool hasn't been used since that time. So just to talk a little bit about what we're looking to do here today. You know, the proposal will allow the office to turn into a guest room. It will only allow guests to use the pool, and then at the end of my presentation I'll talk a little bit more about that question we you just discussed. In food, room, food and drink for guests only. No meeting room, no bar, no restaurant, no breakfast rooms. Again, quiet hours every day, and we talked about the parking. There's also some questions about our neighbors. I think, you know, it's important to point out that ambient music is only available if it's not audible, 5 ft from the residential units. So that would be the only way ambient music would be allowed, and we would need to do a noise study in order to demonstrate that. So that's, that's the condition. So that if we had ambient music, again, it couldn't be audible within 5 ft. and then we have to do it and we'd we'd have to do a noise study before we'd be allowed to bring to have ambient music. So again, and then no ambient, no audible noise at all. 5 ft from the residential units, 10 p.m. to 7 a.m. And again, the pool closes at 10 and, uh, you know, we were ad here to the city's good neighbor condition. So again, what has happened? What are the new commitments? No special events, no live entertainment. The extra contribution for the lower cost accommodation and low fees. There was a discussion about the film permit and it'll, to our knowledge, we've never received or sought one of these film permits, but I think it was just based on, you know, the Southern California economy. If there were some small film event that might want to use the site in the future, we wanted that flexibility, but again, never has done it before, that's not the intent. And again, the idea on the no special events and the no live entertainment, we support those conditions because that's not what we're looking for here, right? I mean, right now, as

commercial proper ty owners, you could go seek a TUP. That's not what we're looking for at this site. That's not what our guests want, so, you know, we accept what staff proposed here and we think that's, that's fine with us. We want to talk a little bit about the public benefits. So, again, we are projecting a million a year in TOT every year once this is approved. Um, we also had the 19,000 we talked about in the additional inlo fees. And I think we did want to point out to just the promoting the patronizing the local businesses. Again, we are guests come from all over the world, and they get to experience Malibu. They get to walk down to the Malibu farm. They get to jump in the car and drive to to Verna Toni's. This is something that is contributing to the community, and it will continue to do so. Um, some of the public benefit history, this was in connection with the previous remodels. So again, there was the mention of the voluntary in loo fees for the uh the time of the conversion. There was a significant payment made to the Waterworks district. There was an agreement to agree with the fire department to add a pool draft hydrant to take water from the pool to use if it was needed. And then the voluntary offers to dedicate lateral access easements. So again, over the course of this project, there has been significant public benefits. And again, I think, again, very importantly is not only the million a year, but just the continuing to allow people to come and visit Malibu. And that's really it on the presentation. Again, you've heard a lot. We want to keep it, we want to keep it short. I did want to talk a little bit about uh at least one of the questions with respect to the pool. So again, um, we're re we recognize the LIPUs table, and I think it's clear this is not a recreation facility. There, this is a. this is essentially an independent standalone recreation facility does have that requirement. That's not what we have here. Um, swimming pools are a common feature at

bed and breakfast, motels, hotels, and I think there was a question about has the city council ever taken the position when the Seaview Hotel was approved. There was actually a condition expressly prohibiting non-guests to use that pool. So again, that's a, that's the same situation we're in here, where, again, that was a city council approval that expressly prohibited the use of that pool. That was pursuant to a development agreement, correct? There was a short term development there was a development agreement associated with the CIA. That is correct. Yeah. OK, so we just wanted to flag that. But I, but again, I think, I think we view it's clear and that's what the planning commission has taken. There are multiple other pools within Malibu, and again, the recent decision done by the city council prohibited the pool use by non-guess of the sea view. So, should we ask questions after the public speaks or can we ask questions the public speaks? OK, OK. We'll have questions for you. Let's take focus comment from everybody first and then we can ask questions back and forth, and then we can close the public, so before. if you had more than John, I don't. No, let's keep it moving. That's great. Thank you. We'll be back. Do appreciate the brevity. So Joe, we're, we're gonna allow you to speak. We'd request that in the future, please put in any public comments. requests before the item. Thank you. I didn't know I was going to speak until I just started hearing the presentation and, and he was talking about the pool. I know I've put in years ago, something I think from Malibu Township Council, but um, the pool is a CV1, which requires a CUP, which references pool use as public use. and and it's at number 9

on page 329 of the Malibu LIP. So it was making me think, OK, they, the affordable accommodations are not met. Adjustments for low income accommodations must be made according to the coastal commission, the proposed hotel development does not meet Section 30212 of the Coastal Act to provide lower cost visitor facilities when feasible. In fact, there's nothing in the staff report about this. An analysis is required in order to fully address the project's consistency with the policies and provisions of the LUP and Chapter 12 of the local implementation plan, the applicant shall be required to provide lower cost overnight accommodations consisting of 15% of the number of luxury overnight accommodations that are approved. So because this is a combined new bed and breakfast, all 17 rooms should be included. If it's $149,000 per room. I mean, 2000 a night times 365 days is over 700,000. But if you're, if they're just using this $149,000 multiplied by 17 rooms, that is over 2.5 million. If you included all the rooms included in this new application. If you multiply that by 15%, that would be almost $380,000. So if I was forced to make this decision, I would give this bed and breakfast, all these amenities that they'll be making a fortune on without opening up to the public, but then asked for at least half a million dollars to the city and please donate, donate it to our community brigade, so they can afford more equipment and train at least 10 more members. They are going from 48 members to 100, and in the next month, so it would be wonderful to increase this number by 10, if you're going to approve it. If you're not, then go ahead not to do it, but also please don't allow any car clubs or anything that involves additional cars in the parking lot with their film permits as they're already

maxed out in the parking. So that's just my two cents. Thanks. Do we have anybody online? Yes, we have 2 raised hands. The first is Ben, the second is Ryan. OK Ben, are you available? Hi, yes, I don't know if you can see me, but you can hear me. Um, thank you very much for letting me speak. Uh, on October 23rd last week at 12:19 p.m. myself and a number of other neighbors sent letters to the city council at City council at Malibu City.org. and those didn't seem to make it into this presentation. Um, so let me just quickly summarize our, our thoughts here. The first is in this document, this extensive document that had so much other things in it. It didn't mention that there are 4 residential units, families. that are literally 6 ft from the pool deck. I'm talking bedroom windows and living room windows. Line of sight into my shower. That is nowhere in any of the pictures that we just saw. The noise claim of not having audible noise 5 ft from a residence is physically impossible when the bedroom windows are 6 ft away. Now, I would love to believe that this property will abide by the good, the good neighbor. clause, but the reality is that they haven't been. They have not, they have no buoyotanga today, using that pool. I have photographic evidence of this. Not only that, they placed a garbage dumpster that serves the hotel 7 ft from my bedroom window, and all night long we hear slamming of that trash dumpster, and we hear employee

car alarms going off. I can tell you for a fact, the only people that use the tide pool today, our guests of the the the Royal Cam Hotel. In fact, when we took our complaints to the hotel manager his response was, and I quote, What you live next door to a hotel, what do you expect? This plan has, does, does not account for noise. The CEQA does not adequately consider noise as part of the environmental impact. Furthermore there is no consideration for, for how we enforce this. Putting yourselves in the shoes of a hotel manager whose guests were paying $2000 a night. you would be a good business person to let them do whatever they want. You should do that. And if you have to pay a fine once in a while, that's fine. That's how Nobu handles it. They have the same owners. That's why they get away with everything they get away with. That's what this hotel intends to do. and if our law enforcement in this city is strapped. They do not have time to come out and listen to a noise complaint that uh that. affects only a handful of residents. They just simply don't, and I don't blame them. They shouldn't, but there needs to be real teeth in there. Yeah, thank you for taking thank, thank you for taking me Ryan Ryan, are you there So sorry, I'm managing a few things accidentally muted him, but he's unmuted again now. I got 3 unmutes. OK, I clicked them all. Can you hear me? Yes, we can. OK. Um, I wanted to say that this is a fabulous, uh, proposal for a high-end boutique property. There's always gonna be a deficit of parking for such high-end

facilities. You can't just go to the textbook and say, OK, they only need this amount because they had, they don't have extra space for the deliveries. They don't have a loading zone. Um they barely have enough parking as it is, and they are asking you for an intensification of use in a discretionary approval in a zone change. For outdoor music and I thought I heard that they would still like to be able to do some filming. There was filming done in 2018, uh, Porsche cars of North America held a press conference showing and test drives of its upcoming all-electric Mission E vehicle, which later became the Thai camp. when it was renamed. So that's already done. You can watch it on YouTube. There has been filming there. So the question is really is if they're gonna be allowed to do filming in the future at all for this property in exchange for these entitlements that they're seeking. Um there's if they have enough parking for 17 rooms, they might need to forego the 17th room and just allow for enough parking so they have a successful facility and operation. Further, um, when the wind sale restaurant was being approved and later became Nobu. The then owner was Richard Weintraub, and he offered $400,000 to the city as a general traffic mitigation fee for the intensification and reduction of parking with the joint use parking agreement. So at further location and use hours of the garbage recycling can be limited as it was for the windsdale property, which later became Nobu and is part of that CDP which I believe expired, but it was approved and agreed upon by the developer. which is now the

owner of this, you know, same owner of these, these entities here. So I would suggest that you condition strike ambient and say low intensity background music. Since we know what that means, or put a decibel reading on it, uh, or some other metric, but consider the fact that they don't really have enough parking to be as successful as they would like to be, and they suffer that same burden as every beachfront facility would have in Malibu. It's a great position to be in, but you never have enough parking. Thank you. Thank you. Does that conclude our public comment. Yes, that was the last raised hand. Oh, let me rephrase that. So if there's clarifying questions from the council to the rebuttal or? Yeah, if they have questions, now would be the time for questions. Also, I believe there's an issue. There was a I of correspondence submitted that staff has found was caught in our junk folder, so this will be distributed to the council and then made available to the public. momentarily Come on up for your rebuff They were supposed to ask questions. Oh yeah, no this is for questions first what you do is rebuttal and first, then we'll ask questions. So the rebuttal goes last. It's the questions and then rebuttal what are we gonna do the rebuttal, then ask the question, so, I, I believe the the the the. Would you like me to read the rules procedures say to the questions happen before the rebuttal? Um, yes, if you'll let me paraphrase a little bit to get us there. Um, the after the initial presentation, we have public comment following all public testimony, the presiding officer shall recognize council members who have questions for any of the speakers, members of the public in attendance, chairpersons, or designated representatives of city commissions, boards, or committees, city staff or consultants following the conclusion of such questions, the presiding officer shall allow the applicant slash appellant their remaining time

for rebuttal. OK. We would like to start with a question. One quick question. If after they do the rebuttal, if I have a question, can I still ask the question? Am I limited to what I can do? The procedure said to ask the questions now if the council in the rebuttal that raises a question. Can I ask that question? It was just from the rebuttal if the if the if the, the councilor or the mayor wants to allow that question, I think that would be fine this is a dumb rule. Let's just get forward with it. Do you, does anyone have any questions before they send their answer, I promise. OK, Bruce, please ask your questions. All right. Um I'll ask you some of the questions I asked the staff before plus I have some others. What are the current hours of operation at the health club? 6 a.m. to 10:00 p.m., OK, um, who is the how, what is the current membership consist of? Like what's the size of the membership? Membership is low, generally, the Riacon has a corporate membership at the tide pool, and then there are other memberships associated with the ownership. The Rioans corporate membership entitled them to have any guests staying there to go use the private health club. They are allowed to use the services of the club, they're not allowed to stay in the office. That's not allowable, and they are not allowed to use the pool. So again, going back to, they are allowed to use the small workout room, it was part of that, but no, they're not allowed to use the pool and no, no one's allowed to stay in that office. OK, and, and clear, clear this up. Is the pool used or is the pool not used at all? The pool is not used at all. OK, so how do you account for the neighbor saying he's got video of people using the pool or photos. There was, we know of one time someone jumped in and they were immediately told to get out. There's a sign that says the pool's closed. Every guest before they come is given notice that they are not allowed to use the pool that it's closed. Let's see what the picture looks. So you see, yeah, do we have a copy of the picture? Did you supply it? I mean, if he says he has a picture, you say you think he

just coincidentally has the one pic the picture of the one time ever that somebody used the pool. So you're looking for, for from Ben's testimony or yes, let me look briefly. OK, good OK. Um you familiar with that chart in the LOP about the pool use and all that, OK I, I hear you're saying that a bed and breakfast or a motel for that matter is not a recreational facility. Therefore, if it has a pool, it's not covered by that provision. Is that what you're saying? No, what I'm saying is recreation facility is a standalone independent use. Bed and breakfast and motel are also standalone independent uses. I got you. So you're, you're saying that the provision in there that's under recreation facility that the pool needs to be open to the public doesn't apply to a motel or a bed and break fa s t Yes, OK. Where does it say that a motel or a bed and breakfast can have a pool. Again, it doesn't say it specifically, but the pool, bed and pools are part and part and parcel with many motels, many bed and breakfasts, not in our definition. right? We looked at the definition of motel and bed and breakfast. There was talk about food service where people park. I didn't see anything about a pool. There it's just that it would be an ancillary part of what you would expect to see with a motel. Again, there are 3 motels in Malibu that have pools. So that, so again, it is, it is a part of that use. It's, it is wrapped up within that use you will often have a pool associated with a bed and breakfast or a motel. We're distributing the correspondence from Ben. That's what this is. There's no, there's no photo unfortunately. Is there a copy that's made available to the public? Correct. There's a copy, um, in the hallway and at the deputy city clerk desk. There's an

extra. Good. Do you want actual on the city manager. I don't know. We also have extra copies at the staff desk if anyone needs one. Are, are we from this to the staff, are we able to get a copy of the LIP chart that we've been talking about me, I've looked at this many times. and it's been, it's, it's been confusing to me because I, I tried to find where it says a motel or a bed and breakfast can have a pool. And, and so far as I could tell, it doesn't say that. So that led me to the recreational facility provision. So I took that to be the pool for, among other things, for a bed and breakfast or a motel. Where is it explicitly stated that a motel or a bed and breakfast may have a pool in Malibu. Um, so we're gonna, we can pull up the um the use table for you, but I would suggest SerPro Tem that uh this happens sometimes that the use table is a guide. Uh, and so we'll pull it up here, um, but the use table is a guide. You have to actually go on the text to get, to get better clarity and let me explain to you an example, um, this use table is gonna tell you that outdoor lighting is, is prohibited in the city of Malibu. When you read through the text, it's prohibited in in scenic areas is what the text says. And so, um that just just use that as a guide uh in terms of determining what, that's fine. So if you want us to, all I'm saying is if you want us to look into the text too we can for further for further that's fine. Where, where is it, where does it say in our LIP that you can have a pool? in a motel or a bed and breakfast. I don't think it expressly says that, but we can, we can look it up I don't, I don't think it expressly says it either. Mayor Oh, if I see you, where, where is it? Well motels Yeah but

that's the whole this is, this is for the mottos, uh, use, and then, um, what MeriPro Timer is referencing is for a recreational facilities, which is a different section here covered here. and so the, the, the, the argument, uh my Proton was making that because this has a CUP 9 designation under CV1. If you read the footnote for a 9, it says use permitted only available, uh, use, use permitted only if available to the general public. right And that's for recreational facilities. That is for a recreational facility, correct? So what, what, so what, what, what is a stand-alone recreational facility in Malvi? What's an example? Like, um the La Costa, La Costa Club. It's a recreational facility. Malbu Gym. Malibu Fitness, tennis. the tennis club, um, forgetting the name, but the one on the west side right on Broadbeach there. uh Malibu West Wing Club, yeah, well, that's not a, that, that pool's not open to the public. But those are all private facilities. Well those are, those are examples of uh of uh recreational facilities. I don't know. I don't know of any that are open to the public without a membership. Well, I don't either, but that that's the issue is whether that's been lawful or unlawful. I read the code to not permit that. And, and I'm trying to understand why I'm wrong. We are here today. Think it, it's whether or not we determine whether a motel can have an accessory use of a pool, similar to other um buildings, so a single family residence, an apartment building, um, other types of uses in the city, whether or not a pool is a an accessory structure to those. That that's helpful to me. Do

we, do we have an explicit provision that says homes can have pools as accessory structures. Uh, we're we're gonna verify that, not, not to my knowledge, not that they explicitly says, it says, can, can I, can I just ask and answer your question this, and this has bothered me. ever since. So who hasn't been in use since 2017. Why is that because you guys were afraid that it was open to the public? No, by the So, um, may I answer one question at a time. So why is it closed? So back in 2017, there was discussion between the city and the property owner at the time on whether or not Rheaon guessed as part of their corporate membership to the Tide pool would be allowed to use the pool. At the time it was discussed with the city. that we would not use the pool, that they would not allow guests to use the pool, pending this application. So that's why we're here today. So they thought, we thought at the time, they could use the pool as part of the tide pool and then having a corporate membership, so the guests could use the pool. There's a discussion with the city. City disagreed. We voluntarily said no, so that's why since 2017 we have not allowed anyone to use the pool. And and then so we could get to this application, so we could do this and that's what we're here for. So was the question that you had a private club therefore you could exclude the public because it's a private club. Is that correct? The uh I'm sorry, Councilor Mark, you, you had a, had the tide pool private club and the pool was associated with the tide pool club. Right. So you're excluding the public because it's not a public facility, it's a, it's a private club. as we just mentioned, like Malibu West and some of these other places are private clubs, therefore they're not open to the public. or was that the

reason, or did you just not wish to, the reason, the reason why we did not allow guests of the Riacon to use the pool. No, that, that was related to, so the tide pool property was a health club. It was a corporate membership and the idea was could we use the pool. There was a disagreement on whether or not non so essentially there was a disagreement with the city on whether or not guests of the Riacon could use that port. That's, that was the basis. And then we voluntarily said, no, no, no one will use the pool pending this approval. What was the city's argument for not letting real kind gets used the pool, do you remember? I don't. Well, so, but other, I think probably the argument is that Health Club is a separate use up here and then recreational facility where specified swimming pools, maybe the city was saying that uh because of the swimming pool that becomes a recreational facility, not a health club, and so it's, I think I, sorry, I think it was Health Club. I think it was parking related. I believe I was, I wasn't involved at the time, but I believe it was parking related, so I believe if it parking related, yes. So I think the this. so essentially the health club with a pool. the city thought that it would might not have sufficient parking. And again, I think we believed it did but ultimately it was decided, you know, we wouldn't use the pool because we were pursuing this application. But again, I wasn't there at the time, so I'm just kind of going from memory best I could from the you believe the city was of the view that if a health club has a pool, it's most likely gonna have more guests coming to use the health club and if it doesn't have a pool and therefore it needs more parking. I don't know that. I don't know the answer. Is that what you were saying? Say one more. I'm sorry. It sounded to me like you were saying that you believe the reason was that if a health club has a pool, it would need more parking than if

it doesn't have a pool, so they chose not to use the pool to not have to have more parking. The reason being a health club whifflepool would most likely have more. members. It could be right than a health club that doesn't have a pool. Sure. So, so, so the, so the pool wasn't simply off limits to Rheacon corporate membership. It was off limits to anyone who was a member of the health club. We have not allowed anyone to use the pool since 2017. OK. Can I ask some other questions or people still have more questions about the pool as well. um I asked a question before about whether extending the alcohol license to the um the current health club building would mean that people could have alcohol at the pool and or in the workout room with. would you be willing to restrict those things from happening. from having alcohol at the pool. Well, there will be no service of the alcohol. That's not what my question was. Would you be willing to restrict the, the ability to have alcohol just like we can't have it on the beach at the pool. And in the and in the workout room. Yeah, I think they would certainly, uh, the operator would certainly love to have someone be able to go into their room, pour themselves a glass of wine, and walk out and look at the sunset next to the pool. I'm sure they would. My question is, would they be willing to agree not to allow that. Should we ask whether or not there's enough a consensus on that, or? before you I don't know that I'm necessarily in agreement with asking for that condition. I'm not either. OK, well, they're not a deliberation yet, so it's, it's fine if I, if I understand that there's not an appetite for that. There's no need to answer the question. Well, it's fair enough. Um, you put up a chart that said, um, it was one of your, it's like the 2nd or

3rd page, it said no special events, no live entertainment. Full stop. There was no qualifying language. The proposal from the staff has qualifying language. Would you be agreeable to eliminating the qualifying language of the state what you stated in the um slide that there'll be no special events and no live entertainment. Yes. Could you explain that your thinking of the difference? Yeah, 17 says no live entertainment requiring authorization by a special permit such as a temporary use permit is permitted on the property. The, the, the shaman said no live entertainments permitted, that there's to me that comma clause suggests that there may be some loophole to there being no entertainment permitted full stop. So I'd like to know whether you're willing to live with the things you put on your slide. Well, I mean, they're saying that no TUPs can be issued. Staff is recommending no TUPs be issued. The only chance that that might come into play is if they get a film permit. So are you asking to remove the opportunity for them to have film permits I'm asking whether these good lawyers, who I'm sure are able to find interpret clever interpretations of the language that's proposed by the staff are willing to live with the language that they put up in their slide instead. So you, you, you would be proposing to restrict like hotel guests from playing their guitar. by the pool Look, the language that was put up there says no live enter says no special events, no live entertainment. I'm just asking a temporary use permit, but it's not what that's not what the slide said, so I'm asking if that's what they're willing to live with or if there really are some exceptions to that. So I think if we had a definition of special events. right, there's no intention to have a special event. So that includes, so there was a there was a question that was raised, if

there was a buyout, right? Could they have a wedding? Would just if no one, if no other guests, right? That would be a special event. OK, no, they don't want to have that, they don't regardless of whether there's gonna be guests only. or people who are invited onto the property. So the idea would be there's no special event, so the idea of a special event, I thought it was well said by staff, there would be the standard use, so if there were 2 people staying at the room and they wanted to go down together and eat some, you know, food together down by we wouldn't want that to say, OK, that's not a special event, but again, say there was a buyout, 16. and they thought, so 16 rooms, 17 rooms get bought out, and they want to have maybe not someone they don't want to play a guitar, they want to have a guitar player come out and play, but only for them. Maybe you don't need a special event, maybe you don't need a TUP for that, right? We are saying that be live entertainment, no, that's not what we're asking for, yeah, because we, we've, we've been presented with these arguments by lawyers for other applicants in the past. It's like, oh, well, we're not vio. In fact, I think it was Nobu might have made the argument, we're not violating the requirement for a TUP because this, we, we didn't violate the TUP because we didn't need a TUP in the first instance, because this is something that we interpret the code to allow us to do without a DUP. I'm trying to understand whether these words in here are important to give you the ability to make those kinds of arguments because it's a blanket restriction in your slide. It's not a blanket restriction on the staff and it's a it's a fair ask, but again, I think, I think the qualifying language that was in the staff report makes sense because it talks about a teepee, but what I'm telling you here, if there was a definition of special events. We don't need it to be just linked to TUP. because we're not trying to have, we, again, we've accepted this, right? That we don't want special events here, but we don't want to be in a position where there's something that says no special events, and then if someone's, you know, sitting, the two people are sitting next to each other,

someone says that's an event We, we are really trying to provide again we're going back to that ethos of tranquility here. We don't want special events. We don't want live entertainment. People want to go there, sit in their room, look at the look at the sun, hear the waves, right? But you could sell the hotel a week from now and someone else could not like the tranquility of um approach and want something, whatever they're most they can get out of the rule that we've given them is, right? I don't see that happening. but, but that's the way the law works. Once we get the entitlement, the subsequent owner has the entitlement. But, uh, OK, so you're trying to say he has to write in to the provision that he, there is no special events. I'm just trying to understand what they're willing to live with because we have to later make decisions as to whether to grant zoning changes and whether they're consistent with our general plan and I've got issues about a lot of these things. I think we would have to the next owner would have to get a TUP if they wouldn't have to get a TUP. They, they got a restriction, they can't give it to you. Well, that's what I mean. It's a moot point, but then. but I think the argument is that maybe they're going to push the envelope on whether or not what they're doing. OK, so let's just say I, um, buy out the place for my 50th birthday and invite my 17 friends. 30 years from now, right? Say it again. 30 years from now, yeah, exactly right. Uh, and I wanna maharachi band or something to come, nothing, but the next owner can't do that either. Let's just say they sell the hotel. How do we then provide for that? Got I've got an idea, got an idea. OK. Municipal code definition of special event. A significant occurrence are happening, which is arranged for a particular occasion or purpose. That's what it's

defined as, under the code. We could accept a condition. that said no special events if that was the defined. So so again, so a significant occurrence are happening which is arranged for a particular purpose or occasion. We would accept that. OK, OK, but that. that's all I was asking. OK, thank you. OK, um, live entertainment. That's helpful. Live entertainment. Yes, no live entertainment at all entertainment. OK, um, you told us that the one of the public benefits is a million dollars in TOT projected per year. What's the current TOT prior? It is very significantly, as you might imagine, since we've opened. OK, you're not saying a million dollars more though, you're saying a million dollars total, right? Correct. OK, so in order to understand the public benefit of the change you're requesting, I'd need to understand the delta, not the total amount that we're already getting, right? I believe that was in our staff report. So what is it? $850,000 in 2022. That was 4 years, 3 years ago, 3 years ago, right? What about 2020? That was what about 2024? That was also the tail end of COVID, not that we're out of it yet. Yeah, um, I don't, I don't have the the numbers for 2024. OK, but, but there's not a million dollar benefit from approving this, right? per year There is This, this can close down and stop making 850,000 or 900,000. This, this is a benefit to the city. We will be able to be continued to operate. We have another room that'll be able to use the pool and we're projecting going forward there'll be a million dollars a year. Are you closing down if you don't get this application granted? No. OK, um, lateral access easement, um, what does that mean exactly? I'm, I'm, I'm sure Mary Anne knows, but I'd. and she wants to answer it, that's fine. so people can go through the building to get so many people go through the building to get to the beach. I didn't think so. What does it mean? Staff, do

you want to take it? Sure, yeah, it's, it's, it's a lateral axis along the beach, so east to west. It allows the user to go above the, the high tide line, yeah, people can walk along the beach, that's not, not to get to the beach. That's vertical to be vertical to be on the vertical to be that's right vertical to be. I wasn't sure. OK. Um I should have asked the staff this after the two properties become tied. does that mean that future development if any, would be based on the larger property as opposed to the two individual properties? No, there, there's still separate parcels for sake of development. So if somebody were to buy the two, tear them down, they'd still be limited by each separate property unless they did a lot merger. OK. Thank you very much. I appreciate the answers to questions a couple of me quick. Please go ahead. OK, couple quick ones. So, we talked about the filming process, and at least in, in your earlier comment you suggest you don't really need a film permit, so is that what you wanna do? We can cancel the film permit idea. Well again, I think we would like to have the flexibility if in the future, again this is, this is more going to the broader Southern California film industry. And if there is the opportunity, again, it's not something that, you know, we're, we're needing, we're pushing forward and say, oh we can't wait because if we get this then we're, we could go get a film permit now, right, if we, if we wanted to. The idea would be that the flexibility if there was some small event saw filming event in the future, that that's what we looking for, just the flexibility. Yeah, my only, like I said, my concern is film

events cause traffic problems, right? And I like, and we've already got an area there that's got enough traffic problems to begin with. So I'd like to avoid that if we can. So, yeah, and I, and I, and I would think that at least through the city's filming process, we would have to file that application and we would have to demonstrate that we weren't going to be causing a traffic problem, and we need to, I think the condition as proposed by staff would require us to have, um, all of our employees still park on the site. So I think whether or not I thought you had a process that said if you got a film of permits, you got to find, find offsite parking. I think, but I believe that is, I, I believe the conditions still require staff to park on site. to park, but, but guests staff have to park outside. Isn't that right? I read that someplace. Is it possible that the offsite parking had to do with any of the film crew and any of the, the mechanisms of the actual filming would have to find an alternative. No, it's not what it said. Well, and that's good that we clarify that because that was my reading of that. I'm trying to clarify. Yeah, so we can, let me, let me read the condition specifically. The property owners and operators shall not use the parking lot for any other for any use other than the uses and activities explicitly permitted for the subject parcel or as permitted by a filming promote. For any approved filming, property owners shall provide a parking plan to the satisfaction of the community development director that off-site parking if required, has been secured, all parking for staff shall be provided on site no matter what is occurring on the property, and that suggests for the residents or the members of the hotel have to park site. I'm, I'm making sure I get parking for. It'll be, it'll be based on the filming permit request and the parking plan that goes with it, but at minimum staff parks on site and minita but, uh, so look, again, I'm, I'm tra I mean, I live in areas where they have films and it

drives us nuts, OK? Uh, and I, and I understand the process has said someone's gonna, you know, take a real close look and make sure that they don't, sometimes they do this, sometimes they don't. So if, you know, I would like to, if I can avoid having traffic issues. I mean, like, we, no boot drives us nuts. OK, I don't need, I don't need any more of that. So if you can get rid of the filming permit. that would be nice to think about that, OK? Uh, second thing is and this is a request. I did, I was on the planning commission when we did the sound study for Soho, OK? And the same thing, we had neighbors complaining because of, OK, so the way we solved it, we said, OK, do your test, but in the test, I want the neighbors, I want 2, at least 2 of the neighbors to be involved in the testing. So when you get a response back that says, is this sound staying on site, I want the neighbors to agree to that. And if the neighbors don't agree with that, the sound's got to go down. You got a problem with that? Well, how the, how would the neighbor like so the neighbors would so you're gonna run the whenever you run your test, you're gonna call the these two you can get over 10 and this guy Ben who wrote it in, OK? and called them and say we're gonna do this test. It's gonna be running in this period of time. Let us know if you hear it. And if they hear it, you gotta, you gotta do something else. solved the problem for Soho. So you want to solve that problem because I don't want to hear people calling me up saying you're making too much noise. We can't get the neighbor of Eto right. or we canvas to the city.. Yeah, I think, um, given the neighbor of Vito Wright is tough, but I mean, what we could do is we have to prepare a report, right? And we have to provide that, we could say we provide that report to the city and we provide to the neighbors as well and let the neighbors work with the city. No, no, no, no, it's not what I said. OK, now I, I'm back to the battle of it's two water, when you have to study, invite the

neighbors. to, to listen to just, just same thing what I said, you know, we're gonna do a step, we're gonna run the, the music or whatever the hell you're gonna do from 66 o'clock till 9 o'clock. OK. OK? You let the neighbors know when you say during that time we're gonna do a test to see if, if the noise extends over the 5 ft, and if it does, the neighbors will tell you, you're not, as opposed to going back and forth, we got it solved right, yeah solved solved right, yeah, we could, we could invite the neighbors. Will you invite Will, yeah Will, we, we're gonna put a condition in there that you're gonna do that. You, we will, we can put a condition that will invite the neighbors, but then the city will ultimately decide on the sufficiency of the of the actual test itself, but the neighbors will have be able to be, yes, absolutely. OK, now we're gonna, so if I put that condition, you'll be happy with that. Uh, what happens if the neighbors move? Does it matter just these neighbors right now in this time and space. With these neighbors decide that they, that there's the sound is adequate and new neighbors shouldn't have a problem. I mean, that's, that's worked out for, look, Soho, we haven't had a problem since we put that, that's great and it worked and that, you know, me and everybody happy, so who's happy the neighbors are happy. Well, not only that, as I understand, as I understand the, the request, the neighbor, whoever the neighbor is at the time they do the test will be invited to attend the test, and the neighbor, whoever it is, will either object or not object, but ultimately the objection or la ck thereof is just one piece of evidence the city's going to consider making a decision, but at least we have the neighbors considered, OK, because that's part of you got your good neighbor policy for that good neighbors, yeah, that'd be great. That'd be great. The comment to your next door neighbor this is the uh the Soho is the hotel. I'm part of the motel. but the neighbor on the other side, that's uh notebook. I think the noise was going beyond the immediate neighbor to make sure that well

this guy my kid. Steph, do you understand that? We have to be careful. We're not deliberating yet. This is a request if they're open to allowing these conditions. We have to keep it at that and not trying to build consensus for the conditions itself. Uh, and I don't understand the argument that says the pool is not a whatever he we said it was, you, you say that it isn't, I just, I have difficulty understanding. Well, do we have an answer yet on where in the code it says you can have a pool for a motel or a bed and breakfast. So it doesn't explicitly say that, but um it does, it, the use table does offer accessory uses specifically for residential properties, and so it does explicitly say you can have a pool in a residential property. it doesn't say it for a motel, so expressio unius exclusio ulterius. It's expressed in one place. It's omitted from the other. Therefore, it's not intended to be at the other unless you go under a recreational facility analysis, in which case has to be open to the public. So essentially the interpretation would be that uh unless expressly authorized, pools are not allowed in commercial zones. There's essentially what I think we're saying here. But, but, but again, I don't, I don't, I don't think that's right. Again, there are pools right now. The city council just approved one. Now the city council entered into a contractual agreement which is different than approving it pursuant to the code. I think the development agreement was associated with providing the the developer there 10 years to build out the project. The development agreement was associated with every single term that's in the development agreement. No one knows what would have been what the result would have been if there had been no development OK, I would like to get to wrapping up this, so can we, are we done with asking our questions of this. Let them finish their rebuttal. Uh, do I get to ask some questions? You, there should be really quick. I think OK, great, thanks. Do you have a loading zone? Do you have like a loading zone? where garbage trucks go specifically

um the they right now they pull the trash out to PCH, so there's not a loading zone where the trucks come in. They take the trash cans and move them out to get picked up. OK Um who introduced the snow pool thing, was it Coastal commission? It's part of the LCP's been there for since we had the local coastal plan. So do we get fined if the coastal commission says we're, no, so it's, it's the, it's the council's interpretation of what's allowed under the use chart, and the question is whether um it's a, uh, the council considers the definition of of bed and breakfast to allow include. pools like we have other hotels that have pools that included as part of the, it's not specified in the definition whether you included to be part of the use or whether you're seeing the code as saying that you can only have a swimming pool if you're having a recreational facility. OK, thank you. And something else to, well, I'll wait till a deliberation. This is not deliberating. I'm asking questions, right? Correct. OK, thank you. Um, the uh, has there been any recent enforcement on your property. like a open violation of a code of some sort or a complaint. Not to my knowledge. OK, uh-huh. I, I thought the report says there is an open enforcement problem with parking. Did I misunderstand that I do not believe there is, no. I thought this is solving some, some enforcement issue. I thought I read that in the report. There, there's the amortization piece which has to do with the use of the site. So at Cityhood 1993, the property was a motel and the zoning of Ci. So there's a, there's a legal nonconforming situation. I say it's a nonconforming issue, not necessarily it's it's nonconforming right now, but there's a period of time that they're supposed to come

forward, get a CUP or to resolve, um, that when the city was incorporated, it put in certain certain uses were allowed. I zoned all the parcels and if the use on the site was legal, legally established, but not conforming to the way the property is rezoned, then it needs to come forward and get uh the conditional use permit or rezoning is necessary to have it conform to our code. That's the process they've initiated and that's why we're here because they're proposing to keep the use as it was but get the required CUP and change the zoning. OK, who has final who has final approval of the film Permit. if is it community development director Bundy? It's, um, we actually have a third party, uh, it's the city, so we, we control this contract, but it is a third party, uh, contractor that we use they they do answer it's approved by somebody who lives in the valley, who doesn't even live in the city who's been doing this for God knows how long, uh, so it's, yeah, it's not the city doesn't even get involved in this. Who gets a commission? Yeah, gets a commission, right? We do get money from the film permits. We get money, but she gets more than we do. Well, let's change that. The city has oversight over the consultant. OK, and then, um, do we know of other properties on PCH have film permits. like Nobuo Soho, um, that other hotel, I don't think there's anybody in the city who's restricted from getting a full tour. Yeah, film, , film permits are, um, like an event permit that they're they're issued per use, yeah, thank you, that's it. OK We can finish deliberation. They get rebuttal and then deliberation. OK Please go ahead with your bottle. May I have, I have 2 minutes to confirm? You have 9 minutes and 17 seconds if you would. OK, thank you so much. We did, we did a pretty good job the first summer out of

keeping it brief, so. but we've got on. say now. Uh, mayor, well they're over there. Um, one thing to go back to just to build on, uh, city attorneys, uh, discussion about the pool and the use specifically. So the uh the concept here, right? So this is discussing bed and breakfast motel and pools. I think the discussion, I'm, I'm just going to say, I just want to add this in that that where this discussion's going is is a broad interpretation of these. primary uses, right? So we have primary use hotel, motel, bed and breakfast, rec facilities. We have hotels and hotels proposed in the city, motels and so forth that have pools in them. And so one thing that my ears are open to is the hearer, the counsel you're discussing, are pools allowed on a commercial property are pools allowed at a hotel? Are pools allowed at a bed and breakfast and a motel, it's, it's all the same, so I just wanted to clarify that the discussion tonight is informative because this is a situation where we have a ranking of, you know, a separation of priority uses within our LIP table B and it's something that um you know, as policymakers, you have that ability to interpret this for us. And so, uh, anyway, that's, I'm, I'm listening to the conversation I appreciate that and you know, the more I've been thinking about this, listening to this, I was talking before about motels versus bed and breakfast. And I, I, when this came up again back at the Country Inn, I, I did some to, you know, looking around to see whether motels typically did or didn't have pools because it was being said, well, it's a, it's a, it's a normal part of a motel. In fact, if you look around the country, there's probably lots, there's lots of motels that just that are just sitting there in a parking lot, no pool. There's

also lots of them that have a pool. But now to think about it, do bed and breakfasts typically have a pool? Cause aren't they usually just like a house that's a large house that people are invited to come staying overnight. Um, well, if you travel up the coastline, uh, I would argue that, I would argue that there's plenty of bed and breakfasts, you know, in in various areas that have pools, yeah, I've stayed in both, for example with like solving is a good, you know, it's not exactly on the coast, but it's a good example where there's a plethora of bed and breakfast with pools. I do have another question. OK, before you rebut um so what we're discussing tonight is actually because when we did the community lands, we're talking about community pool. So if we don't, this is also for that recreation, if that were to come down the pike at some point. This is relevant to that. If we were to decide that the proper interpretation of the code is that a motel, hotel beds that wishes to have a pool must make it open to the public. It makes the pools in town. open to the public All of them existing already, or I don't know about the ones that have snuck through the cracks, but certainly going forward, it would mean you can't build one of these facilities and put a pool in it without it being open to the public, or we just recognize that a pool is an accessory item to the primary use of a motel, a bed and breakfast in a hotel. and that a recreational facility is a whole and separate type of use within the city. Completely agree with that. I was just answering, um, Halon's question of what would be the consequence, and I was just further expanding on that thank you. You ready? I'm ready. I and I think I can be quick. I think we agree that a pool is

an accessory use for a bed and breakfast, and that pools are commonly associated with motels and bed and breakfasts and hotels, including in the city of Malibu. Three of the motels have it The approve sea you have it, so we say that, um, and then just also just going back to the film permit. We would prefer to have it, but if there are significant concern from the council that this is going to turn into something beyond what we want. We are open to that Again, we, we would prefer it, but again, in the same way on the special events, same way on the live entertainment. We're not up here, no one's up here trying to, oh, if we get the words done right, and then we're going to turn this thing into a filming studio like that's not what this bed and breakfast is gonna be about, so again, we would prefer it, but we are open. I appreciate that. How much time do I have left? 8 minutes and 7. No, thank you. I'll tell you, I'll see. Thank you all very much. OK, that'll conclude. Well done. Yeah, you did a good job. Thank you. So we're back up here to the table. I think we had a pretty robust, um, investigation. I'm going to just go out there and make a motion to adopt staff's recommendation. Some consecutive or not, and leave it at that. With provisions or conditions for the neighbors or just adopt? because I, I think our code has built-in provisions to the neighbors already. We already have a noise ordinance, we already have. Uh, I would be willing to go along with you, but I think we do need to slip size some things in here to clarify. I'll give you an example. I think, uh, and probably isn't an issue. um, and uh uh email we just got, I'm concerned about some of the comments like it's put it away in a swimming pool, uh, trash trash pickup in the middle of the night. My experience has been they picked the trash up during the day it stood outside, but why not put a provision in it says there'll be no trash pickups from 10 o'clock at night till 70 in the morning. I mean this is between us. I know.

I know you don't need to answer, but I'm just saying what, yeah, if we put something like that in, solves the problem for the neighbors. Same thing as with the uh noise issue that we had. So I think we need to put some uh few clarifying points in, but I'm with uh Mary Anne, and the film permit issue, for example, like film permits include things about parking restrictions and where the equipment's gonna be and so forth. I mean, I've dealt with those, uh, in our neighborhood as well, and it's usually address ed quickly by the neighbors or the film permit operator who was very experienced at this, by the way. And probably, I'm sorry, with regards to the film hermit, you know, probably nobody's going to be staying in any of the rooms during any filming. um, violates that they're they're trying to do they're not going to want their tranquility to be interrupted by a film crew unless they're. So if, if this were straightforward application for a um CDP or CUP, um, I might be inclined to say that I think we can touch the, we can touch the bases and and make the findings that are required. I'm not sure about that, but I, I'd be inclined to think we could. Um, we need to recognize this is something more than that. This is, this is a request that we change the law, not, not simply a request that we approve this pursuant to the law, but the request that we change the law. I'm changing the zoning for the, well, that's part of our law, yeah, uh, I mean it, it's more extraordinary than a variance. It, it is the ultimate discretionary request being put to the city council. Um I have some issues, but I mean, I start off with the proposition that we need to find it's consistent with the general plan at a minimum. And I start off with the proposition that it in the first instance, it's not consistent with the general plan in the sense that it's not what the general plan provides, but if that were the only basis

for saying you can't make a change, then there would never ever be a chance. There would never be a basis for making a change, but I think that that's a guiding factor to start with. Um this isn't simply a request to add a room to an existing motel or bed and breakfast. It's a request to combine two properties, not technically in the sense of um merging them, but to allow a single operation to use two buildings, which, by the way, I should have asked the staff is do we have other situations where two adjoining buildings are being allowed to use as one business? on separate parcels you're saying Yeah, separate parcels, one business. No, I remember the shopping centers, what about Cross Street? the shopping centers on multiple parcels. I know. Right. The, the, the park at Cross Creek, I think, is on multiple parcels and has different that was a development agreement also, wasn't it? Yeah, probably it was, yeah, DDA for the La Paz Cross Creek, but I think the other shopping centers also are multiple parcels. Yeah, I read the one where marmalade is. Right, in the TUP conversations room we talked about this multiple parcels for a shopping center, and there was all that. All right, I I I I have to say I, I, I view a shopping center as being different, but I, but I thank you for that, that information. The there was a picture in the in the um report and it was also it's on page 12 that shows what else, what the zoning is in the, in the same vicinity. and basically we're being asked to carve out a particular property in the midst of other properties that have. commercial zoning, not CV1. Um, all the properties across the street are CC and the property is on both sides of these two properties are CC

and then you've got next to them residential properties, which we've heard from one of the residents is a problem for for them. So that, that troubles me in terms of exercising discretion to change the law to facilitate this. I, I have concerns about precedents that doing so will set for future applications by other applicants who will then point to this and say, you did it for them, you should do it for me. And I've got a, uh, the, the fact that there paying in making a payment in lieu of providing actual low-cost accommodation, which is something they have the right to do again if they were simply asking for a CDP or a CUP for an existing property that didn't need a zoning change, um, we don't necessarily have to allow payment in lieu when someone is also asking for a zoning change to facilitate that. Um, I have problems with, I, I know that others have already said they don't, but I've got problems with alcohol being permitted to be served at a pool, I'm sorry, be used to be to to be consumed at a pool. Um, I think that's a recipe for disaster. whether, whether other places are permitted to do it or not. Um, I I still think the better interpretation of our code is that a swimming pool at a facility needs to be open to the public, but I don't know where everyone's going to come out on that. All of those things, notwithstanding, I can get myself to a yes on everything requested if we tightened up the conditions in ways that we otherwise wouldn't have the right to do if they were simply asking for a CDP or a CUP, but since they're asking for a zoning change, I think it's appropriate to make conditions that would alleviate these types of problems, so I don't know if others have an appetite for beginning to discuss other conditions that might be imposed, or if there's

3 votes to just say approve the staff recommendation, in which case I'm not going to waste my breath. I, I've got two conditions. I mean, I want to see the temporary use permit for the films go away, and I wanted to do the noise test and make sure the residents are included. OK Um, could you go to the map, um, and just remind me of the different, uh, colors and what they signify. So the brown is CV1? Oh, there we go. I'm just a clarification go. I, I believe you moved staff recommendation. Was there a second on that? No, not yet. Uh, no, keep going. Oh. no more. Right, yeah, so the brown is CV1. Uh, all the green is CC and the, the gray there is multi-family, uh, those the multifamily and the multifamily uses next to these the subject property is are in the CC zone, the neighbors, just so the the west to the left. Well, those two are, but the next one to the west is that CV. That's CV1, and then it moves into a multi-family designation. It's a non-conforming use, so it's a commercially zoned property, but it's multi-family resident. OK. And then this is this map signifies the LCP, correct? Yeah, this is, this is consistent across the board, it's consistent. The, the only nuance is the general plan the general plan allows the tide pool property to stay. It's already see see CV1 in the general plan and the motel, Casa Malibu Motel existed prior to cityhood. Um, but when we became a city, they didn't change that zoning designation to CB1 at that time. It's just now that we're finally doing

the clerical work on that. Correct. It fell into that list of, um, in the nonconforming section, the amortization piece where they had until I think it was 2013 to request the zone change to bring the property into and then they've extended that since that's what's been happening. So the use of the motel has continuously been in operation since it was built. You're correct. In the 50s. OK. that yeah the properties that are zoned CV, the 3, if I, if I'm looking at this correctly, 3 parcels that are CV1. Were they originally CV1 or did they get changed to accommodate the owners? Yeah, I don't, I don't have the, uh, sorry, I'm just looking quickly through. This is the general plan so you can see here it's actually, you know, multi-family in the general plan, um, at least on this map, there may have been subsequent amendments, but I don't, I don't know right offhand except what I do know is the the LCP if we go to this map, sorry, it's, it's a little hard to see, but up in that top right where the arrow at the end of the arrow is. Um, if you just go to the left a little bit, you can see there's the CV1 call out and then it moves to multifamily, which is like that teal. moves back to CV1 and so forth. So, uh, yes, to to answer your question, that's the current zoning of the sites, um, the history, the history is important to me. I'm trying to understand. I don't have it offhand. I'm trying to understand whether that was all a green, a large green block or green and gray, and as a result of one-off applications, those other properties turn brown or whether that was the way they were zoned to begin with. Yeah, what I can say is the LCP map reflects the time in 2002 when these maps were prepared based

on the information the city had at that time, so what we have in our LCP that that map that I was just showing that LCP map has not been changed since 2002. Well, explain, explain that one and the other one that flashed before that. This one, yeah, and the, and the one that was on the screen before you changed to that one. Sorry, what's that? What do these two show us? What do they, what do they tell us? OK, this is the, this is the general plan land use map and what this map signifies is what the land use was when general plan was, was adopted. There have been general plan amendments since this map was prepared. There's a uh like an Excel sheet that runs with we, we don't continue to update this map, um, specifically like those, so what is what this is signifying is that at Cityhood this was the land use designations for that stretch of beach. There have been amendments since that time, several general plan amendments. So this property in question here was designated CV1 at that time. The general plan in the yeah, yeah, OK, and then what was the other, the, the other, the other slide. This would be our municipal code zoning map, so you could say if there was no LCP, this is what we control. zoning in the city. We still maintain a zoning map, even though the LIP zoning map overrides this map, but for consistency, we still keep a zoning map because not everything uh requires a coastal permit, for example, so we do default to the zoning map, OK, and, and which, which of those parcels are the ones in question in this application. Yeah, so if you look at the, the bottom there where that blue arrow is pointing up, there's two blue lots, uh, those, those are proposed to be amended to blue. Right now they're red. Oh, they are red now. Yeah, yeah, that's the, this is the amended um the amended map that's part of your, your attachments. Oh, OK, this is, oh, this is a new document, not something historical. Yeah, the, the, uh, the upper map, the existing and I apologize, it's very small, but, but that

has those properties as red. currently, which is CC and when was that adopted Uh, that would have been at Cityhood as well, and then that's been amended since Cityhood. And then in 2002, the LAP came into existence, which has new zoning, uh, you know, new land use if there's a conflict, we have to default to LCP but we still, for its sake of consistency and when we do our amendments, we do across the board all the way down to General Flynn. So I can't make heads or tails of the little one at the top. You're saying that if, if I could see better, the little one on top, though, it would show the two properties to the left, the left and the right, they would have been, they would, they'd be CD one on that. at Cityhood The, uh, well, this map, this map has been amended uh since Cityhood. So currently there's CV1. I apologize. I don't have the the history just offhand. We could, we could research it though. Well, we need to make a decision tonight, I so I could research quick. But let's go back to what, uh, Steve had. Uh, I'm comfortable with his comment, although I think the filming permit, we could let the filming uh permit operator guy that, but uh the noise issue and the trash pickups, uh. uh, except you can't have a night. I'd be fine going along with that. What's the proposed condition for the trash that can't be brought out and no, no trash pickups between, call it 10 o'clock to 7 o'clock in the morning. Well, my understanding. The issue wasn't pick up. The issue was the issue the issue is I'm rolling them out I think I live in a condo. You're not allowed to put trash in the dumpster after 9 o'clock and before 7 o'clock because it wakes people up when you open and close it. That's what I heard what the issue was, is that somebody was loudly putting trash in the trash dumpster. and not being respectful of. quiet time. You can always put the trash, you can always add that in there,

the trash trash, where is the trash enclosure on the tidepool property? Is it on the property line to the west or? is on property. Is there any opportunity to relocate it? tests. OK Could you move, I don't want to. Well, is there, is there an appetite for requiring that the dumpster not be used between the hours of 100 and 7. I'm fine with that. Yeah, not used or moved between the hours of 100 and 7. Yeah, that's, uh, that's what I live with, where I live. I mean, is that, well, let's find out whether we have the appetite before we ask that. Well, it sounds like I have it. I can do. It's going to put a real burden on the hotel but I can do it. Well, it's, yeah, but it's a place that has a, it's a bed and breakfast with a minor service after midnight, I mean after dark or so they they're not gonna be used so much and, and Doug, I, I like Steve's suggestion that they're just not be filming permits just like there's not gonna be TUPs or SEPs or any other special accommodations. All right, I have time with that. I, I'm, I'm not fine with taking that I'm not sure why I'm I'm not sure why I want to wear. I mean, is anybody else include photo shoots, they, there's a lot of low impact use that's on that and there's also a lot of high impact, but if everybody else has it on PCH. and we're out, they're the outliers. It's just not, uh, you know, I think it's just that that's not right if everybody else can do it and then they can't, they have all the same restrictions with parking and space and neighbors, and what we're trying to do is is eliminate some of the, the, the irritants that are currently taking place. That's what I'm sure. I totally get it. I and they're asking for an accommodation, so I'm thinking, you know, in exchange for there's no demonstration though that foaming has been an irritant. When I owned a restaurant in New York, you had do filming in my street, and it is in there, all right, I'll

tell you, we call up every time we make them go through all of this rigmarole, they do, they, they, they do the responsible thing. I don't want to make one person an outlier, unless we have an ordinance, and everybody doesn't get to have it, but that's not what's on the table. It just seems like, and I think it makes it really, really hard for the film department, the community development department that the city code enforcement, everything else, when you have one property or two properties in this case that just aren't allowed what other parties get a permit. They won't ask for one. All right, let's, let's just take a straw vote. Yeah. Well, I would like to say this when I had the restaurant in New York, we had neighbors upstairs. They were constantly complaining. Nobody was happy that they had a restaurant underneath them. It's not a great way to live, it's just what what it was right? So we did make concessions. We had the neighbors come down, they had a burger, you know, you have to be like neighborly and. make sure that they're happy, um, or they'll call the fire department, and they'll shut you down. So, I don't think we can make conditions on that, but I do want to make it clear that this, you're in a neighborhood. We can make them. You just aren't, you just don't want to make this one, which is perfect your prerogative, but we can, we can, we have the authority to make them as a condition to granting the zoning. I would say if we did this to other places, other, we've already done it. Have we done it to to they said they're OK with it. All right. I mean, this is so why, why are we arguing if they're happy living with it, let's do that. So, so the the other one was. Oh, and, and I would, I want, I would like to see the um special

event and live entertainment. restrictions be non-qualified just as they were on the on the slide. No live entertainment permitted on the property, Special events prohibited. with the exception of filming permits. The fine live entertainment please. Is there a decibel level, uh, um, so someone playing someone playing an instrument is live entertainment. A comedian standing at a podium telling jokes is live entertainment, karaoke um can I can add some context to me, yeah, live entertainment is, is typically that, um, you know, open mic, you know, and and amplified sound, but uh it's usually a part of the applicant's proposal as well, so we can further restrict it with the condition, but they would, they would, that, that's not a used that they're proposing tonight, so, um, you can, you can further restrict it with a condition, but they would need a CUP amendment to even have a live entertainment use on their property. That's a requirement of the code, so. but so a motel guest. just brings their guitar and they're playing because that's what they do on vacation. Is that live entertainment? There's an argument that it wouldn't be, is there not there to entertain anyone, they're just playing for themselves. If there's if they're being retained to go I think this is, this has also been discussed from the Tricus market before their CUPs were issued, right, because there was times where a person would bring a guitar and this exact conversation was, was brought up. I don't think it's out of the possibilities that one of their hotel guests is going to be a musician of some type or an amateur who just enjoys that and they want to watch the waves crash and the sunrise or sunset and. you

know, be playing a. an instrument as part of their vacation? Can I offer a suggestion? Let's go down the list and see where we have consensus on and uh. take it one by one and it's still a struggle. OK. So, um, trash. are we all in agreement that no use of dumpster between the hours of 9 p.m. and 7:00 a.m. But yeah, I was gonna say items may not be placed in dumpsters during the hours of 9:00 p.m. to 6 a.m., 7 a.m.? OK, I'm fine with that. I'm in great, yes. So, it's a, that's a go, right? That's a go. No filming permits Yes Yes. Doug, you're gonna be the swim I said yes because they said yes. Oh, great, but I think it's restricting the use of your own property and a bummer, which I try to not do. I think it's a terrible place to have a large setup, but that's where the filming permit, I think takes care of it. Um, if, if that's what it takes to pass, um, I'll say no permit, but I would, I would prefer that we have that flexibility to them and let the permit department do it. But is that a yes or wait because that's sort of where I was then you can withdraw it if I don't get the. to what? Yes, no filming permits, right, so. you, you're no filming for? I mean, it's, I'd rather not take away their ability to to make. art at their property, but because you guys are OK with it, I'm going to say yes. OK, cool, we have, we have 4, go ahead. Next one. OK What's the next item OK. Entertainment Yeah, no entertainment it's how about no live entertainment in which the entertainer is paid comp is is provided some form of

compensation directly or indirectly. That, that works I can live with that. Yeah. I. Indirectly means you don't get to stay free, you know. You don't get a benefit from some other company that's owned by the owner. All right, cool. I just, what else to do here Um, you had a condition uh so we were hearing about the sound testing we looked up, it looks like what happened for Soho was we had a continued hearing and they went out and did testing with the with them and then brought it back to the hearing, so it wasn't a condition, so was I was, I was on the planet, we did that, and they agreed that when they microphone just so we can, I was on the planning commission. I'm the one who suggested that because the neighbors were going crazy, and the idea was that when they did the testing, they invited the neighbors, and the neigh when the neighbors came back, said they can live with it. We said, good, let's go. So that's what happened. Did you find it, Kelsey? Um, so I dug into the record on this very quickly. So the resolution of proving the application for Soho House did not condition this test, but it did describe the test which had already taken place. The motion from the Planning commission at the time was they had heard the hearing, but they made a motion to continue the item to their September 3rd, 2019 regular Planning Commission meeting to allow the applicant time to submit additional information regarding a traffic study on an improved valet layout including an option to use a single valet stand for both restaurants, a trial and test of their proposed sound system in collaboration with the neighbors and directed staff to further study and monitor employee parking to ensure no valet usage takes place. So there was direction, but it was not a condition. because they, they didn't think about it when they started, and it was after they were running for a while, they decided to add live music to their to their program that we had the complaint to the neighbors. So that was, that

was the solution how we solved. They worked. I think if it works. So what, what's the soft shot of all this? So, OK, so I think we're because he's trying to say is that we didn't have a condition previously, but I think what you're looking for maybe is to add a condition that the neighbors shall be invited to observe any sound testing conducted, and they get to comment, right? They get, they get, they can. They already said they'll agree with that. OK. Do they get to veto? No, no, they just get to make an argument for why, based on being there shouldn't be approved, so they'll have a live concert. We have something that before we start, if I hear it correctly then, uh, I think was being suggested as a reporting item back to the council about the findings of this noise study. of always to know no, no, no, just they need to invite the neighbor to the test so that the neighbor, if it thinks it's too loud, can tell the city the reasons why it thinks it's too loud, and the city will either accept their objection or overrule their objection. That's, that's fine with me too. I was just, I thought, uh, Councilor Marearing was going towards a um a report is like an easy give that just invite the neighbor for your test. They already said they would be happy to do that. So we're gonna add a condition that's gonna state the neighbors shall be invited to observe and comment on any sound testing conducted. You get it'll work. especially if you don't hear anything, you know that it was good. I've so, exactly right. If, if the neighbors don't call, I don't care. You do what you want. I've got one more I meant. Excuse me? Yeah. You need to speak at the microphone if you're going to, I was just saying the same thing. OK, yeah, so we're jumping at the same time. I'm just saying condition 45 has the noise study requirement, I think that's where they could be invited to attend that noise study. Yeah, and then you can make the, I don't know whether you put it in the condition or whatever, but we wanna make sure that they, I want to make sure they're there. If it's in the condition that we have to invite them for the noise study. You're OK with that? We're OK with that. That's one word that I neglected to raise before. um recall that when we approved

the Seaview Hotel after it was approved by the city council and it had to go up to the coastal commission for approval. The Coastal Commission extracted a boatload of money for its approval. which the which the owner would have happily paid the city of Malibu as opposed to the coastal commission because they could care less who they pay the money to, um, had that amount gone to the city rather than the coastal commission. I don't want to see that happen again. I don't want to see us approve this, and then they go up to the Coastal Commission. The coastal commission says, no, we don't think you're paying enough for low-cost accommodations. You ought to pay another half a million dollars on top of that, and then it goes to the MRCA, which the coastal commission, and not back here to the city of Malibu. If they're going to have to pay it, they should have to pay it to us. I'm not saying we extract a penny that they're not already willing to pay. But if the coastal commission requires them to pay more money, they shouldn't have to pay it to someone else. They should, yeah, that was already my question earlier. I don't do that? We can do that. We can say that our approval's conditioned on there not being any payment required to someone else, and if some, if another payment is required as a condition to approval, it has to come back to here. Well, it, it would have to come back anyway unless they just approve it without any changes, and that's exactly what happened in the seaview and the council said, well, since it was already determined, it goes to the coastal commission. We're just being asked to agree now to what was done, and we're not changing anything. I want to avoid that problem, we're not asking to do anything more, OK, if the Cota commission asks for something, we just want, we wouldn't have the benefit of that. right? Does this go to coastal? I think the, the, the requirement is that you're supposed to have the money allocated in a special fund for low, low cost accommodations. Uh, the city doesn't have such a program at the moment, but I think it's one of the things we need to slide in. It gets put in an escrow though until we find one. Yeah, but it needs to be paid to us, and I think the problem we have with Seaview

was we had a dollar amount and they changed the dollar amount considerably. But, but the demand that it be paid to MRCA. Yeah. Uh, but I think by having to pay to the city, that's a requirement, and then we'll worry about being in compliance about it later cause this is gonna come up over and over again, so the, so yeah, so this is a condition of the CDP and so the CDP will go to coastal only if it's appealed, if there's an appeal filed. a CDP, yes, and so if there are, the only thing that they have to, uh, rule on is gonna be the local coastal program amendment, and they wouldn't be able to condition anything in the local coastal program amendment. Watch them try. you never know. You're, you're correct. They will see, they will see the finding language and how this has been structured as a prevention, OK? This money gets paid to the city and that's consistent with LAP Chapter 12. Joseph, which is a condition that designates where the money's going. Condition 12, no, I'm sorry, Condition 12 has the payment amount, the code LAP chapter 12 has the code language in it. I mean, we can, no, this is a different issue. This is, this is when the coastal commission puts their hand, puts their arm behind their back and says, you're not getting our approval unless you also pay another X, that other X isn't going to go to the coastal commission's determined beneficiary. It's going to come to the city of Malibu because that's where it ought to be one of the first how are we going to make the KOS commission do anything. Well, the Coastal Commission, if then given the choice of not having the project at all or the additional money it thinks is appropriate goes to us to determine how it gets used. We'll determine that it should go to us. Can I ask you a question? What's, what's uh I'm a language, say where the money's supposed to go. What's the language in the code? It sounds like extortion. I'm not sure what they do is extortion. Say it one more time. I, how do we control the coastal commission? It is supposed to go to a general fund that the city is in control of to fund local accommodations. Yeah, we're supposed to, we're

supposed to maintain an account, we can also donate that money uh if we choose to, to a group, but it's also supposed to be to accommodate uh but just go on our general fund though, right? So Trevor, uh, maybe what we can do, this is, you know, you guys help me out here, is we can um condition that the money that the city is requiring for the Elufi come to us, but we can't really control what the Coastal commission may require, so the the amount that's being agreed to here tonight is a condition that will be paid to the city's fund, and then, you know, they'll have to work out with the Coast commission, whatever the requirements are to obtain the permit. That's, well, that's what happened in the Seaview and I'm suggesting a different protocol. I may not have 3 votes for it, but I'm suggesting a different protocol. What I'm saying is that the approval. condition should be that any amounts that are required to be paid above and beyond that which the statute compels in Malibu any amount that the Coastal commission might require to be paid on top of that for whatever reason it comes up with, shall have to be paid to the city. If the coastal commission then says you need to pay this money to the MRCA, the approval has the condition has not been satisfied Just one point of clarification because we are, uh, they, they did agree to pay more than what is required uh for the current about the coastal commission requiring a fund in addition to that amount. Not being returned to I understood. I just want to make sure members understands if we had done this in the case of the Seaview, then the Coastal Commission extraction would have gone to the city and not to the MRCA. The Coastal Commission, in theory shouldn't care who it goes to. They only care about the amount that they think is proper. Let's try it. Wait, wait, wait, wait, wait. I, I need to understand what we're trying. Sorry, guys. And I want to understand if the applicants

know what we're trying, and I'm not understand. I, I would like to hear from them if I'm allowed, then explain it to me. Well it's not for them to bring them back up. This is now being conditioned on the coastal commission. Yeah, so I think what we're just trying to say is we're trying to say that the funds should go to the city and so the best we can do is probably add something to condition 12 stating that all funds shall go to and then I don't know how you want to designate this specific fund of the city of Malibu in a in a fun designated, you know, to for low cost visitor survey accommodation including any additional funds, the Coastal Commission might require to be paid as a condition to its approval. I don't think we can constrain their discretion. We can, we, we're not constraining their discretion. If they if they if if if it's appealed, they have the ability to adjust the conditions that are in the project, so we're not gonna be, you know, that's the, the issue is that it's appealed and the final decision making body the same as we have the power to overrule what the planning commission, you know, would do if this project is appealed to the Coastal Commission. Well, if, if, if it were appealed to the coastal commission, as was the sea view, and the coastal commission determines that they need to pay additional funds as they did with the Seaview. It then comes back to us because what we approved does not now been approved by the Coastal commission. We need to do a ministerial post-approval in that circumstance, which is what we had to do in the case of the Seaview. And when it did come back in the case of the Seaview, I said we should not give that approval now. We should tell the coastal commission change it and make the payment go to the city of Malibu, or else we're not going to grant that post Coastal commission approval, approval by the city council. I want to cut off the need to have to do that by making it clear to the Coastal Commission before it goes up to them, that if they want to tinker with it. that this tinkering's gonna have to benefit the city, not them.

Appealed by whom Anyone. This is going to go to the coastal commission regardless because it's an LCPA, correct? On the Trevor's saying that that can't, that they can't extract anything, although I, I doubt that they will, that will stop them from trying. So if they would, they would have to appeal the CDP to themselves to be able to rule on that or somebody would do that. So, so what I would propose is under condition 12 at the end of so condition 12 has the has the amount. We end with a statement that says all funds shall be provided to the city pursuant to LAP Section 1210B, which specifically says the fund is paid to the city and then we say pursuant to Section LIP 1210C. The city may transfer any funds, pay it as an in-loop fee under the section to a public agency, nonprofit organization, private entity if entered into an MOU or other contractual agreement, blah blah blah. We just verbatim. But the idea is that if any money is paid to the city. perspective of the in fee, it goes to the city and then the city can transfer it at its discretion. No, that's not the issue. That's already the, that's already a given. But it's if it's broadened though, if any, I mean, if to your, to your point, we could say the amount or any additional moneys. Yes, that's the point, or any additional fund, any additional amount that might be required by another agency to be paid in lieu of low cost. accommodations shall be paid to the city of Malaville. Then are we incentivizing an appeal? I, I don't want to get involved in any of this. It may draw more attention from Coo to try to knock down that condition, to put it in. Well, that's that's my proposal. Maybe there's only one other vote for it. I would love to take that money and put it into Malibu, which just sounds super convoluted. Maybe I'm just not understanding the purpose of the of the clause is Counts remember your microphone? Right. Counsel, if you could speak into the mic. The purpose of this clause is to provide low-income housing for Malibu. So if the, if it goes to mission accommodation, low cost

accommodation. If the coastal commission is extracting funds, it should go back to the city so we can provide these low cost accommodations, right? That's, there's work that we need to do as a city though, that we haven't had the opportunity to do, which is to find either a partner or a program within our city. For those funds, and that is the justification that the Coastal Commission used on Seaview was that we did not already have that partnership established, so they decided to take that partnership themselves and give it to the MRCA. I think Mary Anne is correct, but for the purposes tonight, I like the language that was just proposed, um. to be in there, and I realized Bruce, you're, you're right, you know, like we could put that language in there, but they can change it in a heartbeat. Um, so if it's on appeal, they'll change it to whatever they want. but at least we started off with the fact it's coming. But, but if they, if they change, first of all, they may not change it. And second of all, if they do change it, that means they haven't approved it. we wrap they put an additional comes back to us. That's right, yeah, I agree with that. I, I put them in the boat of having to make that, of having to make a change that comes back to us if they want to make a change. Well, his language over there says exactly what I think we want, and that is the condition the money goes to um the general fund pursuant to whatever it is. He's only referring to the money required pursuant to that statute. They're going to have to pay that no matter what. I'm not talking about any additional money that the Coastal Commission extract. He said are additional funds. No, he didn't. And would it be simple enough to I'm proposing that we didn't have a vote on that yet. Yeah, I'm fine with the additional funds. So we say we just say all amounts due pursuant to LIP Section 12.10 shall be paid to the city of Malibu. No, because that statute has a formula which they're already complying with. In fact, they're voluntarily going beyond that formula. I was going to say, yeah, it's, it's for the other amount above and beyond, the above the formula that the

constitution, we want to refrain from the requirements of the LAP to work. You take the language that that uh that you came up with and had any additional funds, and we got ourselves a program. Any additional funds that might be required to satisfy low-cost accommodations. OK. OK. Any other items you want to add? Well, any, anybody willing to say they have to make the pool open to the public. Yeah, they're not gonna. Joseph, can you read the proposed condition? Yeah, I, I have proposed condition here. I'd like to read the other proposed conditions too, just some, yeah, I think I have them. They're just the last one. OK, this one is condition 12, so I'll just read the condition. It's prior to the effective date of the CDP, the property owner for the parcel at 22762 PCH shall submit an inlo fee in the amount of 22,350, and any additional in-loo fees as may be required to satisfy low-cost accommodations, to the city toward low cost overnight accommodations and it keeps continuing this fees and compliance with IP Section 1210 for the proposed increase of one net new room associated with the 17 room bed and breakfast and any voluntary contributions offered by the applicant associated therewith. See condition number 6 for the effective date of CDP 23046 and then the added language all funds shall be provided to the city pursuant to LIP Section 1210B and then it moves into pursuant to LIP 1210C, the city may transfer any funds paid as in loo fee to public agency and so forth. It'll be a verbatim with uh chapter 12, 10C. It's just a copy of the code. OK. I'm good with that. Uh, it's the best I'm going to get, so I'm going to accept it, but no, it's not what I was asking for. The, the other conditions I have are at a condition saying that items may not be placed in dumpsters during the hours of 9 p.m. to 7:00 a.m. OK, real quick, I added that to condition 31. We have trash storage areas, so I added a new condition 31 that reflects that. it will add that language to

condition 31. Mhm. Uh, that will be a new condition 31. Why don't you just go through and we can figure out where you, where you put it when you get there. OK. The, the next one was, uh, condition 17 was revised to say just no live entertainment. Um, we're direct or indirect compensation is provided to the entertainer. Yes And then add to condition 45 at the end that the neighbors shall be invited to observe and comment on the noise study. OK Yes, and then just to clarify, um, if I may, condition 16, we had to strike, uh, the exception of filming permits, and so conditions 16 now reads Special events requiring authorization by a special permit such as a TAP or a filming permit are prohibited. OK? And then 17, we had to strike the language on parking because there's a whole thing in there about, so it just condition 17 just says the property owners and operators shall not use the parking lot for any other use other than the uses and activities explicitly permitted for the subject parcel. That ' s it. We cut out the rest of the language to say or permitted by a filling permit, yeah, and then 18 I have for the no live entertainment condition as city attorney. Yep. You're not gonna get the pool. No, I know, I, I will say I came in here inclined to say no to the zoning change, and I think the counsel for this applicant were extremely reasonable and presented extremely well, unlike some who come here being very demanding, and that's what moved me to the right direction. I'm, I'm sorry, there's, there's one more, one more clarification on the motion and that was in the staff presentation to change the hotel to uh bed and breakfast in. uh so that we're clarifying that it's not a hotel, uh, in that condition, the type of, there's a typographical error, 14 because it can't be under CD1, I think we've got a program. Go ahead, Miran. Um,

the only thing I have is that both of these structures were remodeled in such prior to our dark skies lighting? Do they comply with the dark sky's lighting? just that. I mean, they, they, they're supposed to be in compliance with it because there was a sour everyone does in the state. Does it need to be made explicit, just, no, it doesn't need to be made explicit. I just want to voice it so that they understand that if they're out of compliance, there are fines and such associated with it, so they need to make sure that they are in compliance, ASAP. OK, so I made the original motion. I'll accept all the changes to that. Do we have a second for the motion? I'll second it. So the motion with staff's recommendation with the changes as detailed by myself and Mr. Joseph Smith. And then that also includes the introduction on first reading of ordinance number 528, which is northern into the city of Malibu, approving local coastal program Amendment number 16-001 to change the zoning from community commercial to commercial visitor serving one in the local coastal program local implementation plan for 22752 Pacific Coast Highway and 22762 Pacific Coast Highway and directing the filing of the amendment with a local California Coastal Commission for certification and zoning map Amendment number 15-001 to change the zoning from community commercial to commercial visitor serving one for 22752 Pacific Coast Highway and 22762 Pacific Coast Highway and finding the action to be exempt from the California Environmental Quality Act and consistent with negative declaration number 19-002 for the project with no further environmental review under the California Environmental Quality Act required. OK. All in favor? All righty. And opposed? Motion passes. OK. 11 the 30 guys. You got any rooms in the hotel you can give us? Have you been checking the

squirrel? They're still playing. No. Uh, meeting is adjourned in memory of Eberry Haldeman and San Bernardino County Deputy Oh yes Thank you. Oh yeah,