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Okay, we're ready.

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» The March 9, 2026 regular meeting of the
Malibu City Council is now called to

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order. In-person participants, if you'd
like to speak, please submit your

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request to speak form to the clerk. We
have one slip and only one person here,

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so that makes sense. Remote
participants, if you'd like to speak,

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please join the Zoom webinar meeting
printed on the agenda and raise your

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hand in Zoom when the item you wish to
speak on is called. It's going to be

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called shortly. May we please have a
roll call.

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» Council member Conrad
>> here.

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» Council member Rigggins
>> here. Council member Stewart

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» here.
>> Mayor Promarine

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» here.
>> Mayor Silverstein

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» here.
>> You have a quorum.

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» Okay, we are getting feedback up here.
So maybe that could be addressed during

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the break.

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» Okay.

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» Do we have any remote speakers on the
close session items?

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» No, we don't have any speakers or
participants on Zoom.

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» Okay. Um we have one. We don't take a
roll call for this, by the way.

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» It's not on my um script. Kelsey, do we
take a roll call?

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» No, you don't need a roll call. There's
no motion before the council at this

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time to hear public comment.
>> Okay. Thank you. Okay. So, we have one

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public speaker, Ann K.

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» Hello everybody. My name is an an
comarask or actually it's Anna according

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to the secretary of state is Anna an A.
It's an an K for everyone else. So, we

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have two items here on the closed
session and uh there's no information to

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chat about other just to inform you that
I would love to see a date and well

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there's a date on there but a clock so
that you can actually see what time it

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is these meetings start as they
countdown because you know what happens

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between the close session and the open
session so that kind of stuff. So, and

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the other thing too, you'll probably see
a little less of me here and there

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because, you know, I have qualified to
become nonpartisan governor of

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California. Yay. So, they want me to
further redact my taxes. They said more

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of the President Trump style, but I
don't know what that means. So, I need a

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little help. So, but we're there.
There's no official candidates for the

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23rd or the 26th of the month. So, there
you have it. So, just a update. And I

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have no idea what you guys are talking
about because I didn't say here, but

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thank you

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» mayor. Your microphone.
>> That concludes public comment for the

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close session item. We now will recess
to close session to discuss the items

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listed in the close session agenda. We
will reconvene at 5:30 p.m. or as soon

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thereafter as we are finished the close
session to begin the regular session and

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hear the close session report. We're
recessed.

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testing. Okay.

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Well, I appreciate

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That's not

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I'm going to talk to her.

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5:30.

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So strange.

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» [clears throat]

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» The March 9, 2026 regular meeting of the
Malibu City Council is now called back

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to order. Inerson participants, if you'd
like to speak, please submit your

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request to speak form to the clerk.
Remote participants, if you would like

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to speak, please join the w the Zoom
webinar meeting printed on the agenda

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and raise your hand in Zoom when the
item you wish to speak on is called. And

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remember, the rule is raise your hand on
Zoom before we call the item. And um

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please and submit your blue slip before
we call the item. May you please have a

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roll call.
>> Council member Conrad,

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» here. Council member Rigggins,
>> here. Council member Stewart

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» here.
>> Mayor Promirine

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» here.
>> Mayor Silverstein

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» present.
>> You have a quorum.

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» Thank you. Scott, you want to lead us in
the pledge of allegiance?

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» Want to lead us in the pledge of
>> allegiance?

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To the flag of the United States of
America and to the republic for it

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stands. One nation
indivisible with liberty and justice for

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all.

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May we please have a close session
report?

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» Oh,
>> I can give you a report on the posting

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of the agenda while we wait for the city
attorney. The agenda for this meeting

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was properly posted on February 27th,
2026. Due to technical difficulties with

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the city's website, the staff reports
for the meeting could not be posted

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online at that time and were posted on
March 3rd, 2026. The amended agenda was

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properly posted on March 6th, 2026 with
all associated reports.

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» Thank you.
So before we go on with the agenda,

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Trevor, can you please give us a close
session report?

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» Absolutely. At 4:45 p.m., the city
council met in open session, recessed

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closed session, the absolute on the
posted agenda. Council member Conrad um

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was recused um from the discussion due
to location of her home um and no

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reportable action was taken.
>> Thank you, Trevor. Okay. Um, can we have

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an approval of the agenda?
>> I can make a [clears throat] motion to

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rearrange the agenda.
>> Let's hear it.

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» Um, can we move item 7B to
after item three?

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» Yeah, I'm anticipating that we will have
um

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people show up. So that's moving the
snack shack to be heard after 6:30 but

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before public comment for items not on
the agenda.

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» Correct.
>> I'll second that.

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» I This is discussion.
>> I I I'm This is for discussion. Um there

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have been some members of the public
that have been critical and and I don't

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fault them for it that um when we've
moved things up that we've moved it

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before general public comment. So, what
I'd ask is a friendly amendment to move

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it up, but move it up after general
public comment, not before general

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public comment. The other thing is, and
I'm not opposed to it for this reason,

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but some people have also said they plan
their schedule when they want to speak

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around the published schedule, and when
something's late on the agenda, they

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don't necessarily come to the meeting
for the first hour or two knowing that

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it's not going to get called till 8
9:00. And when we move something that is

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scheduled late on the agenda to occur
first thing or early on, they missed

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their opportunity to participate. So I
just raised that. It's not a basis for

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not doing it tonight, but I just raised
that. But I would ask that you amend the

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motion to um have the item 7B occur
after general public comment.

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» So after 4 A, but before 4B.
>> Sure. I let me see if I understand it

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because I was I was going to make
something similar. Uh move 7B

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uh to the first item after 4B and before
item five.

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» Yeah, I I actually think that makes more
sense.

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» I think we're going to have a lot of
kids here and our 4 A and 4B has often

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times not been occurring until 7:30,
8:00. So, I'm trying to I know they're

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not here yet, but I know they're coming.
So, um,

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» you know, everybody everybody knows that
that's how these meetings work.

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» How about how about this? Why don't we
put it at 4 A [clears throat] and, um,

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we can revisit it when we get closer to
that time. If there's a lot of people

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here, maybe we can
>> make a motion to rearrange it again at

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that point.
>> Are are you you accept a friendly

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amendment to move 7B following 4 A so
long as it's after 6? Well, it'll have

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to be after 6:30 because we can't take
>> I don't think there's a question. We're

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going to be after 6:30.
>> Sorry.

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» I don't think there's going to be a
question.

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» Agreed.
>> We only have half an hour. Yes, I agree.

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» I agree.
>> Are you in a second?

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» Yeah.
>> So, the friendly amendment was accepted

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to hear item 7B after 4 A and before 4B.
>> Yes.

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» Doug, are you going to be okay with that
or

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» I'm okay with that. Yeah.
>> All right. All in favor?

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» I I
>> No opposed. So ordered. Okay. So the

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agenda is approved with the change that
7B will appear after 4A.

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Okay. We'll now consider the consent
calendar. Remote participants, please

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raise your hand in Zoom if you wish to
speak on the consent calendar. I've got

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one card going once, going twice. Is
anybody signing up for consent calendar?

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No. Okay. So would any
>> Yes, we have one raised hand on Zoom.

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» Thank you. Okay, so we have one live
speaker or in person speaker, Joe

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Drummond.

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» Good evening, city manager Joe Irvin.
Welcome, Bruce, mayor Silverstein and

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city council. Thank you for allowing me
to speak. Um, I'm pulling 1B10

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which is obviously we want you to put
through the property tax 110%. We want

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that to be for all fire victims just to
have the 110%. I was just wanting to ask

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if
um you'll be also I submitting something

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about property taxes needing to be
reduced for fire victims that have

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burned down lots that are over evaluated
like no lots in Big Rock for instance

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are worth more than a million a million
two because it's so hard to get a

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rebuild permit right now averaging over
a year to issue from submission. Jim

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Rogers, one of my neighbors on Seabard,
bought his home 2 and a half months

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before the fire and he applied for the
misfortune and calamity reduction and is

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paying property taxes on $2.7 million
for his lot for instance. So this is not

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accurate or fair. And I just wanted to
let you know Salwa is um arriving from

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Dubai. She might even be here now. So
she has the sales tax letter for you all

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that she will submit to you. I know we
that was another issue that you guys

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were doing. So, that's coming. But,
thank you for approving this. Thanks so

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much.
>> All right. Thank you, Joe. And um just

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so everybody knows, members of the
public don't can't pull items on the

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consent. They can ask that we do that.
So, I'll take that to be a request that

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somebody on council pull that item. We
have one speaker on Zoom.

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» Yes. Ann.

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» Hello. You hear me? This is Ann Kamaras.
>> We hear you.

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» Oh, sorry. I'm at Tony Terron. I'm
supposed to have a dinner here with the

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family. So, listen. Um, most of the
stuff can be taken care of at the state

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level. So, I appreciate uh your
consideration for changing the public

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comment time to be set in stone maybe
perhaps at the beginning of the meeting.

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But, um, whatever Joe Drummond said, I
agree. Thank you.

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Okay, that closes public comment. Um,
would any council member like to pull

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any item for further discussion?

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» I'll make a motion to approve the
consent calendar.

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» Just want to confirm before that that
nobody wants to pull anything.

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» I'm not seeing the one that Joe Oh,
wait. Because it's outside the packet. I

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don't think we have to pull it, but we
should discuss maybe later about the

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other
issue because I I think Okay, let's pull

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1B10, please.
>> Okay. Anybody else want to pull anything

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else?
>> I'll make a motion to approve the

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consent calendar except for 1B10.
>> I'll second.

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» All in favor?
>> I.

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» Okay. All items except for 1B10 are
approved. Halen, you wanted to speak

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about 1B10. Do you want a staff report
or just want to speak? I just wanted to

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ask this is something totally different.
This is one bill that we are as council

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and the city is supporting property
taxation, newly constructed

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reconstructed property. There's a
separate bill in which I believe Joe was

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talking about where the residents are
looking for support on sales tax on

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items when they do. Do we have an update
on that bill or if we're going to

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support it or
>> I I think since that's not the consent

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item, you have to ask for that during
council member comment.

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» Got it. I'll put it down. Thank you.
That's it. I approve.

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» I'll I'll make a quick comment on it. I
know uh the discussion was about

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overpriced lots. Just to refresh
everybody's mind on this, uh, when the

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fires took place, the first thing the
county assessor did, separated out the

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the two categories that's on the
property tax bill. One's improvements,

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one's land. They immediately took the
improvements off on the total destroyed

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using the Cal Fire assessments as to
what percentage was damaged and so

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forth. Uh, the property uh, land values
or whatever the land value was on the

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tax bill. understand that the land
values are not necessarily what the

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market value is. And uh if you go back
to 1978 or whenever Proposition 13

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passed, those values at that time went
up by 2% if you unless you bought the

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property in the meantime. If they've got
a problem with the assessed value, they

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need to take that up with the assessor.
They can actually file a claim for it

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and the assessor's office will be glad
to talk to about it. The county assessor

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was here two weeks ago, I think it was,
and um had the appraisal people here.

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They're wide open to having discussions
and looking for input on that. All you

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have to do is file the claim.
>> All right. Thanks. Helen, do you want to

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make a motion to approve 1B10?
>> May I make a comment first? Go ahead.

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» Um I believe that meeting with the
assessor was recorded and it would be

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available on our city website or on
YouTube. And so I'd recommend that

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everybody because he he gave a very
detailed uh Jeffrey Pring, our county

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assessor, gave a very detailed um uh
explanation of how assessments are done,

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how they're calculated. Um I think it
was a really good presentation. It's

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good information for everybody to know
regardless of your house was destroyed

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or not. Um anybody at the county. So um
just look on our website for that and or

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on YouTube you can put it in. Um great
information on there. Yeah,

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» I'd like to add one more comment. It was
a good session not just about the

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property tax um valuations on your house
that you might be paying. Now, it all he

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also talked about how you can transfer
that property tax value to another house

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if you were going to move. Uh it's
there's some intricate uh procedures for

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it and it'd be good to listen to that uh
uh type again.

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01:31:06,880 --> 01:31:11,760
» Does anybody else have any further
comments? I make a motion to approve

211
01:31:10,639 --> 01:31:13,920
item 1B10.
>> Is there a second?

212
01:31:13,120 --> 01:31:16,159
» I'll second.
>> Thank you.

213
01:31:14,320 --> 01:31:20,239
» All in favor? I.
>> Okay. So, approved.

214
01:31:18,080 --> 01:31:22,400
» Mayor, can I make a quick comment?
>> As long as it's limited to the consent

215
01:31:21,679 --> 01:31:27,679
calendar.
>> No, we pass the consent.

216
01:31:25,520 --> 01:31:30,320
This is about the agenda.
>> Sure.

217
01:31:28,560 --> 01:31:34,560
» There there were a number of posts I saw
today talking about the roundabouts were

218
01:31:32,480 --> 01:31:38,000
going to be on tonight's agenda. I don't
see the roundabout people out there

219
01:31:36,080 --> 01:31:43,360
tonight, but it is not going to be on
tonight's agenda. Come back on the 18th

220
01:31:40,159 --> 01:31:47,520
and it'll be the meeting. Thank you.
>> Can I also add that there was a lot of

221
01:31:45,679 --> 01:31:53,360
misinformation or information that
tonight will have antennas and or 5G

222
01:31:51,360 --> 01:31:57,679
polls being put up. That is not on
tonight's agenda. So, if you're here for

223
01:31:55,040 --> 01:32:01,920
that, please don't stay.
>> The only thing on the agenda is what's

224
01:31:59,040 --> 01:32:06,880
on the agenda. Okay. That brings us to
2A. Big Rock Landslide Facts. Community

225
01:32:05,280 --> 01:32:11,360
Development Director Bundy will present
a PowerPoint presentation.

226
01:32:08,719 --> 01:32:16,239
» Yes. Good evening, council. Um I'm just
introducing the team. Um the item before

227
01:32:14,000 --> 01:32:23,040
you will be a tech a brief technical
presentation uh to discuss the big rock

228
01:32:19,600 --> 01:32:31,000
messa landslide status. With us, we have
MB5 and Jen Associates. So I will pass

229
01:32:25,920 --> 01:32:31,000
the presentation uh to them.

230
01:32:32,400 --> 01:32:40,560
Thank you.
Let's see. So, by way of introduction,

231
01:32:38,080 --> 01:32:45,040
I'm Scott Morris. I'm a um certified
engineering geologist and a certified

232
01:32:42,480 --> 01:32:52,239
hydro geologist. I've been working in
the Malibu area and surrounding Southern

233
01:32:47,760 --> 01:32:58,080
California for 37 years. Uh I started
working in Malibu in n well I I started

234
01:32:54,800 --> 01:33:02,639
working for Malibu in the city uh in
1998.

235
01:32:59,760 --> 01:33:07,520
Uh I was with Binguna Associates at the
time and I managed the landslide

236
01:33:05,280 --> 01:33:13,840
assessment districts for 6 years and
then for two more years at Fugro after I

237
01:33:11,360 --> 01:33:18,560
moved to Fugro and we carried the
contract with us. So I've got a lot of

238
01:33:16,239 --> 01:33:24,719
experience in Malibu. Uh been out of
town for a little while but uh I'm glad

239
01:33:20,800 --> 01:33:30,000
to be back. Recently hired as the uh um
>> You might need to move your microphone a

240
01:33:26,239 --> 01:33:34,400
little closer. a as the fire rebuild uh
geotechnical review manager.

241
01:33:33,120 --> 01:33:38,239
» And Lori,
>> yeah, my name is Lori Barry. Um I'm a

242
01:33:36,880 --> 01:33:42,480
project I'm a [clears throat] senior
project manager and engineer for the A

243
01:33:40,080 --> 01:33:46,800
and Associates. I have 23 years of
geotechnical consulting experience in

244
01:33:44,800 --> 01:33:50,400
Southern California. I'm the current
project manager for the landslide

245
01:33:48,400 --> 01:33:54,800
assessment assessment district project
for the public works department here in

246
01:33:52,560 --> 01:33:59,679
Malibu and have uh held that for the
last six years and four years prior to

247
01:33:57,440 --> 01:34:03,920
that at FURO. I also managed the
landslide assessment districts for the

248
01:34:01,360 --> 01:34:08,560
city.
>> So there's a outline uh we're limited on

249
01:34:07,280 --> 01:34:16,400
time so I'm just going to jump right
into the first slide. Um the little

250
01:34:13,760 --> 01:34:24,320
history on the Big Rock Mesa landslide.
Um historically the Big Rock Mesa area

251
01:34:21,280 --> 01:34:30,440
was used for agriculture and cattle
ranching. Um

252
01:34:27,040 --> 01:34:30,440
that production

253
01:34:30,480 --> 01:34:38,000
led to the development of the Ocean
Mutual Water Company which operated tin

254
01:34:35,600 --> 01:34:45,120
water wells for domestic supply and
agricultural support. Um so those uh

255
01:34:42,960 --> 01:34:52,159
water wells operated for decades and
effectively helped dewater the landslide

256
01:34:47,679 --> 01:34:57,600
area. Um the tract was permitted in the
early 1960s

257
01:34:54,080 --> 01:35:06,000
for development and over the next 20-ish
years 216 homes were de were built on

258
01:35:02,080 --> 01:35:14,080
the landslide area uh all of which had
septic systems. uh following uh heavy

259
01:35:10,719 --> 01:35:20,080
rainfall years in 1978
and 1980 culminating in one of the

260
01:35:17,040 --> 01:35:24,960
wetest years on record in 1983.
Um the landslide started to creep

261
01:35:22,239 --> 01:35:30,239
actively. It had been incrementally
creeping in the late '7s and then it

262
01:35:27,520 --> 01:35:35,600
started moving much more rapidly. It was
moving at about a quarter inch a week,

263
01:35:33,440 --> 01:35:40,560
which doesn't sound like a lot, but if
your house is near the crack, that's a

264
01:35:37,760 --> 01:35:47,600
problem. Um,
uh, major lit litigation ensued. Um,

265
01:35:45,360 --> 01:35:53,920
one of the outcomes of that litigation
was Bing Yin and Associates was retained

266
01:35:50,480 --> 01:35:58,719
by Los Angeles County to do a very
comprehensive evaluation of the

267
01:35:55,520 --> 01:36:04,560
landslide. Um and the other thing that
led out of that was the establishment of

268
01:36:01,840 --> 01:36:09,520
the landslide dewatering district. Um
one last note, there's 355 landslides in

269
01:36:07,840 --> 01:36:15,440
mapped by the California Geological
Survey in Malibu and Big Rock Mesa is

270
01:36:12,080 --> 01:36:22,239
the largest. Um so here is a map of the
Big Rock Mesa landslide area. This is

271
01:36:18,400 --> 01:36:28,800
the main landslide mass. Uh there's
dozens of homes on the western extension

272
01:36:25,760 --> 01:36:33,520
uh which is not in an actual landslide
area, but they their sole access is

273
01:36:31,600 --> 01:36:37,600
provided through the landslide area. So
they're part of the benefit assessment

274
01:36:34,960 --> 01:36:47,760
district. Um
there's also scores of of surficial

275
01:36:43,840 --> 01:36:53,119
bluff failures just above PCH all along
the the um the bluff there.

276
01:36:51,199 --> 01:36:58,400
Uh the next slide is a cross-section
through the SL through the landslide. Um

277
01:36:55,520 --> 01:37:04,000
down that line here's the landslide
mass. Uh a couple of interesting things

278
01:37:00,800 --> 01:37:12,960
about this landslide. It's very deep.
It's over 400 ft thick. It fails over

279
01:37:07,760 --> 01:37:21,080
100 ft below sea level. Um,
uh, we can trace, uh, geologic beds

280
01:37:16,080 --> 01:37:21,080
across the landslide. And

281
01:37:21,760 --> 01:37:31,040
see if I could use my pointer here.
Uh, and I can trace this bed back to

282
01:37:28,080 --> 01:37:36,320
this bed and this bed back to this bed.
And we can use that to estimate that the

283
01:37:33,679 --> 01:37:45,360
landslide moved between three and 500
feet over the course of its uh lifespan

284
01:37:40,239 --> 01:37:50,800
which was thousands of years. Um in 1983
it's estimated it moved on the order of

285
01:37:47,760 --> 01:37:55,760
3 to 4 feet.
Uh and if you push that back three or 4

286
01:37:53,199 --> 01:38:01,760
hundred feet uh of movement, the hill
used to look like that.

287
01:37:58,000 --> 01:38:06,800
Um, so talking about uh how the C
California Geological Survey has

288
01:38:03,440 --> 01:38:13,679
classified the landslide, CGS classifies
the Big Rock Mesa landslide as an active

289
01:38:09,119 --> 01:38:18,159
historic landslide. Um, they
define it as definite, 100% [snorts]

290
01:38:16,239 --> 01:38:25,199
confident it is a landslide. There's no
question about that. Um

291
01:38:22,159 --> 01:38:29,760
the definition the California Geological
Survey's definition of the active

292
01:38:26,960 --> 01:38:33,840
historic landslide is the landslide
appears to be currently moving or

293
01:38:31,920 --> 01:38:39,199
movements have been recorded in the
historic past. So any landslide that's

294
01:38:36,960 --> 01:38:46,400
moved in the historic past they consider
to be active. The next definition down

295
01:38:42,000 --> 01:38:52,639
there list of four definitions is
dormant young and the landforms related

296
01:38:50,159 --> 01:38:57,679
to the landslide are relatively fresh
but there is no record of historic

297
01:38:54,639 --> 01:39:03,679
movement. So this definition which is
the next one down clearly does not apply

298
01:39:00,480 --> 01:39:08,480
to big rock. It it moved in 1983 clearly
and definitively. As a side note, I'd

299
01:39:06,320 --> 01:39:12,880
mention that the city of Los Angeles
building code defines an active

300
01:39:10,320 --> 01:39:19,920
landslide as a landslide that has been
active at some point since January 1952.

301
01:39:17,920 --> 01:39:23,920
Um
the most important point though is

302
01:39:21,878 --> 01:39:31,920
[clears throat] what's
most important for permitting or policym

303
01:39:27,520 --> 01:39:36,639
making is not the fact is not the
whether you call it an active landslide

304
01:39:33,520 --> 01:39:43,119
or a dormant landslide. Uh what's
important to policym is the factor of

305
01:39:38,800 --> 01:39:50,320
safety of the landslide. So
the factor of safety of a landslide in

306
01:39:47,520 --> 01:39:57,040
essence is the resisting forces divided
by the driving forces. So the resisting

307
01:39:54,239 --> 01:40:01,520
forces or the driving forces are
governed by the mass of the upper

308
01:39:59,440 --> 01:40:07,679
portion of the landslide.
um the amount of water in the landslide

309
01:40:04,719 --> 01:40:12,560
and the increased pore pressure that
that water puts on the slide plane. The

310
01:40:10,639 --> 01:40:18,800
resisting forces are the mass of the
lower portion of the landslide and the

311
01:40:16,480 --> 01:40:23,600
um shear strength of the slide plane,
the rupture surface that the slide

312
01:40:20,800 --> 01:40:29,440
plane's failing on.
Uh what's worth noting is the only thing

313
01:40:26,639 --> 01:40:36,239
that changes over time year to year,
season to season, is the amount of water

314
01:40:32,960 --> 01:40:39,920
in the landslide. Um the mass of the
upper slide, the mass of the lower

315
01:40:37,920 --> 01:40:44,960
slide, the sheer strength of the slide
plane, those are all fixed and

316
01:40:41,760 --> 01:40:48,080
relatively constant. So what governs the
current stability of the landslide is

317
01:40:46,480 --> 01:40:53,600
the amount of water that's in it. That's
why we have the dewatering district. So

318
01:40:50,560 --> 01:41:00,880
the groundwater levels in 1983 on this
cross-section line looked about like

319
01:40:55,440 --> 01:41:08,400
like this blue line here. Uh by 1992
after a few years of active dewatering

320
01:41:05,119 --> 01:41:14,880
the water levels were lowered over 100
ft in the central Mesa area and current

321
01:41:12,480 --> 01:41:21,119
water levels are almost at about the
same level that we got them to in 1992.

322
01:41:18,800 --> 01:41:28,320
So, we're keeping up with septic
influent period periodic rainfall. Um,

323
01:41:26,880 --> 01:41:31,280
and I'll hand it over to Lori for a
moment.

324
01:41:29,679 --> 01:41:34,400
» Steal the mouse.
>> Hi, thank you, Scott. Yeah, I just

325
01:41:33,040 --> 01:41:38,080
wanted to point out that the the main
purpose of the landslide assessment

326
01:41:35,840 --> 01:41:42,080
district is to fund the equipment and
the maintenance and evaluations that are

327
01:41:40,000 --> 01:41:46,560
needed to look maintain these lowered
groundwater levels and also to monitor

328
01:41:44,080 --> 01:41:52,639
for potential landslide movement. We do
this through active dewatering system

329
01:41:49,040 --> 01:41:59,600
consisting of 24 dewatering wells and 36
horizontal drains. We monitor the slope

330
01:41:57,119 --> 01:42:03,520
um through 23 slope inclinometer
casings. We can measure if there's any

331
01:42:01,440 --> 01:42:07,440
shear deformation at those locations and
we monitor the groundwater levels at 29

332
01:42:05,920 --> 01:42:11,600
different monitoring points throughout
the district.

333
01:42:09,119 --> 01:42:17,440
We also track pavement cracks or changes
in pavement cracking. Um and then we

334
01:42:14,480 --> 01:42:22,000
also track the two items that of water
that go into the landslide on any basis

335
01:42:19,920 --> 01:42:25,960
are the imported water usage and septic
systems and rainfall.

336
01:42:26,159 --> 01:42:31,760
So this [snorts] graph represents uh
presents the historic deatering of the

337
01:42:29,760 --> 01:42:36,639
Big Brock Mesa landslide dating back to
1983.

338
01:42:34,159 --> 01:42:40,800
The blue shading.
Oops.

339
01:42:38,239 --> 01:42:45,360
Okay. Uh the blue shading is represents
the uh portion of the deatering output

340
01:42:43,280 --> 01:42:49,440
that is from the deatering wells and the
green is the portion of dewatering from

341
01:42:47,520 --> 01:42:54,400
the hydrogers.
The red is the sum of of the total

342
01:42:52,400 --> 01:42:57,440
deatering from both of those deatering
methods.

343
01:42:55,840 --> 01:43:04,880
Why I find this graph really interesting
is that it really points to how dramatic

344
01:43:01,679 --> 01:43:09,360
the initial dewatering was following the
um when the landslide moved in 1983 and

345
01:43:07,679 --> 01:43:14,800
the efforts that were made to dewater
and lower the groundwater levels to over

346
01:43:11,840 --> 01:43:20,080
100 ft. Following that initial period of
dewatering, you can see that the cycles

347
01:43:17,760 --> 01:43:27,119
um even from back to the early 90s
remain relatively constant um at or at

348
01:43:23,440 --> 01:43:31,600
least uh static and predictable where we
do see spikes in the data all coincide

349
01:43:29,520 --> 01:43:36,880
to where there were historic high rain
seasons. Um and that that's where all

350
01:43:34,639 --> 01:43:40,880
these spikes uh all cor correspond to
that and that shows that the dewatering

351
01:43:38,639 --> 01:43:46,960
system increases but it's keeping up
with the increased water from rainfall

352
01:43:43,040 --> 01:43:51,679
that's entering the system.
Here I just wanted to point out that the

353
01:43:48,719 --> 01:43:56,800
deatering output was at its all-time low
following the January 2025 Palisades

354
01:43:54,320 --> 01:44:02,239
fire. That was due to no electricity to
power the deatering wells.

355
01:43:59,360 --> 01:44:05,920
there was a surge of dewatering in um
spring once we were able to get most of

356
01:44:04,320 --> 01:44:09,520
the deatering wells at least running
intermittently. And so that that just

357
01:44:07,760 --> 01:44:13,679
shows there was kind of a surge to lower
those groundwater levels that may have

358
01:44:11,280 --> 01:44:18,400
risen a bit from January. And then here
we are last month kind of right back on

359
01:44:16,000 --> 01:44:24,400
track to where we would predict to be in
annual deatering output.

360
01:44:21,679 --> 01:44:29,040
This is a graph of imported water usage
to the Landside Assessment District

361
01:44:26,719 --> 01:44:34,880
dating back to 1993.
This is um this is the other item

362
01:44:32,560 --> 01:44:38,719
besides rainfall that adds water to the
assessment district. And just what I

363
01:44:36,880 --> 01:44:43,920
wanted to show point out on here again
is that the imported water is at an

364
01:44:41,360 --> 01:44:49,600
all-time low um following the January
2025 fire. [snorts] And that the bottom

365
01:44:47,840 --> 01:44:53,920
line is that the dewatering discharge
increases in response to rainfall and in

366
01:44:51,840 --> 01:44:57,840
response to these water usage demands to
maintain the lowered groundwater levels.

367
01:44:55,920 --> 01:45:02,800
the system essentially keeps up with the
demand um of imported water and

368
01:45:00,480 --> 01:45:06,239
rainfall.
And then finally, I just wanted to

369
01:45:04,239 --> 01:45:10,239
highlight some of the extensive repairs
that were done on the facilities within

370
01:45:07,760 --> 01:45:15,760
the landside assessment district. We
repaired and replaced over 90 watering

371
01:45:12,800 --> 01:45:19,840
well pumps. Um we replaced almost all of
the electrical control panels and

372
01:45:17,520 --> 01:45:25,199
enclosures and Edison meter panels with
new stainless steel equipment. We had to

373
01:45:22,880 --> 01:45:29,360
pull and replace over 5,000 ft of
damaged wiring. We had the dewatering

374
01:45:28,000 --> 01:45:33,440
wells. Uh we have them running
intermittently now both on metered and

375
01:45:31,280 --> 01:45:38,320
generated power to keep up with the
demands of the system and maintain

376
01:45:34,960 --> 01:45:42,320
lowered groundwater levels. Um the other
uh exciting improvement was we were uh

377
01:45:40,960 --> 01:45:46,960
as when the city was working on the
storm drain pod drain project, the

378
01:45:44,880 --> 01:45:52,400
municipal storm drain, we were able to
uh consolidate the drainage and consolid

379
01:45:49,920 --> 01:45:55,760
conveyance piping for the dewatering uh
system. And all [snorts] of those

380
01:45:54,080 --> 01:46:00,679
repairs should be completed are expected
to be completed by April of this year.

381
01:46:01,280 --> 01:46:09,679
So in conclusion and summary um
California Geologic Survey classifies

382
01:46:07,600 --> 01:46:14,080
the Big Rock Mesa landslide as an active
historic landslide.

383
01:46:11,760 --> 01:46:19,679
What's most important and guides
permitting and policym is generally the

384
01:46:16,960 --> 01:46:24,159
factor of safety of the landslide. The
factor of safety is controlled by the

385
01:46:22,080 --> 01:46:28,000
whatever the groundwater levels are. So
we need the dewatering system to

386
01:46:26,400 --> 01:46:31,760
maintain
um

387
01:46:29,760 --> 01:46:37,040
to lower water levels and maintain a
safe uh factor of safety. The current

388
01:46:34,320 --> 01:46:42,080
factor of safety is uh believed to be
about 1.25

389
01:46:39,199 --> 01:46:48,639
which is below the typically required
1.5 factor of safety for a len for a

390
01:46:45,600 --> 01:46:54,159
stable development. Um
and it's 1.25 25 is just marginally

391
01:46:51,119 --> 01:46:56,960
above the the level the factor of safety
where you'll start seeing creep movement

392
01:46:55,520 --> 01:47:03,600
in a landslide which is typically
between about 1.1 and 1.2. So we're just

393
01:47:00,560 --> 01:47:08,320
a little bit above that. Um and that's
uh that's what the deatering system is

394
01:47:06,560 --> 01:47:12,080
capable of maintaining as it currently
is configured. Um the three elements

395
01:47:10,560 --> 01:47:23,119
that influence groundwater levels are
rainfall uh septic input and dewatering.

396
01:47:19,199 --> 01:47:28,400
rainfall every decade we get a we get a
couple of doozy years and uh the system

397
01:47:26,400 --> 01:47:32,400
has been able to keep up with that.
Septic's relatively constant for most of

398
01:47:30,639 --> 01:47:38,320
the time. Right now it's at a historic
low. Um groundwater levels remain

399
01:47:35,440 --> 01:47:43,360
stable. Septic input is currently at
historic lows. Uh no discernable

400
01:47:41,440 --> 01:47:48,639
movement has been detected in the
landslide for [snorts] at least the last

401
01:47:45,600 --> 01:47:54,749
decade. um that's based on inclinometer
data and synthetic aperture radar which

402
01:47:52,400 --> 01:47:59,199
is a fancy form of satellite radar.
[snorts] Um

403
01:47:56,639 --> 01:48:04,080
and then the last point is the Bing and
Associates report was a very

404
01:48:02,000 --> 01:48:09,679
comprehensive and state-of-the-art
report prepared in 1992

405
01:48:06,719 --> 01:48:14,880
and despite technological adv advances
in things like software the physics and

406
01:48:12,320 --> 01:48:20,159
the science have not changed and the
factor of safety evaluation remains

407
01:48:17,199 --> 01:48:25,480
valid today.
That is the end I think of our

408
01:48:22,480 --> 01:48:25,480
presentation.

409
01:48:27,040 --> 01:48:32,400
Thank you. Does anybody have any
questions?

410
01:48:30,480 --> 01:48:40,239
» Uh yeah, I've got on your factor of
safety. Um when you show 1.25,

411
01:48:37,440 --> 01:48:45,119
what's going to be a factor that might
change that to a lower number where we'd

412
01:48:42,159 --> 01:48:48,639
have a creep. And secondly, I assume
that applies across the entire landslide

413
01:48:47,119 --> 01:48:56,320
area. Are there pockets that are at
higher risk than others?

414
01:48:51,199 --> 01:49:00,719
There are pockets in in the Bingan and
Associates report when they really did

415
01:48:58,560 --> 01:49:03,960
the evaluation. If I get all the way
back there,

416
01:49:04,320 --> 01:49:09,080
this slide, there's

417
01:49:10,239 --> 01:49:17,920
there's I showed you if I can get my
cursor over here.

418
01:49:15,679 --> 01:49:21,600
Where's the cursor?
Help

419
01:49:19,520 --> 01:49:25,760
me Lori. Where's my cursor?
>> Oh,

420
01:49:22,800 --> 01:49:29,760
» maybe it has to.
>> It's not showing up over there. It's got

421
01:49:27,520 --> 01:49:34,400
to there. Okay, I got it now. Sorry. So,
I showed you this slide. Each of these,

422
01:49:32,639 --> 01:49:39,840
this is another cross-section. We had
cross-section A, B, C, D, E, and F which

423
01:49:37,679 --> 01:49:45,360
was evaluated, which were all evaluated.
They were actually

424
01:49:41,840 --> 01:49:52,080
they went well through the alphabet. Um
each cross-section had its own factor of

425
01:49:48,159 --> 01:49:55,679
safety. Um D was typical and runs right
down the middle. So that's the one I

426
01:49:53,440 --> 01:50:02,159
presented. And but in general, the
factor of safety for the

427
01:49:59,199 --> 01:50:07,760
area is about 1.25. That's a reasonable
average. And and changes in groundwater

428
01:50:05,920 --> 01:50:09,920
are what govern the change in the
stability.

429
01:50:08,400 --> 01:50:13,360
» All right. So the changes in the
groundwater uh obviously we're

430
01:50:11,679 --> 01:50:18,320
dewatering and it looks like it's
holding over the past decade multiple

431
01:50:16,159 --> 01:50:22,320
years. Uh is there anything that would
cause that to rise in spite of our

432
01:50:20,400 --> 01:50:26,920
dewatering system or is the watering
system the only only thing to be

433
01:50:23,920 --> 01:50:26,920
considered?

434
01:50:26,960 --> 01:50:36,719
» So the the big variable is rainfall. We
get wet years. Uh but it is essential

435
01:50:33,360 --> 01:50:40,719
that we maintain and limit the amount of
water that's input into the slide

436
01:50:38,159 --> 01:50:46,400
through septic systems which is why we
have controls on development on the

437
01:50:42,560 --> 01:50:52,320
mesa. You're not allowed to add
you can add small additions but you

438
01:50:48,880 --> 01:50:59,280
can't add plumbing fixtures. Um, and it
we're always uh as we do reviews and and

439
01:50:56,159 --> 01:51:04,560
geotechnical input um we're always
encouraging homeowners to uh have limit

440
01:51:02,960 --> 01:51:11,440
irrigation
uh because that's a big input. Um

441
01:51:08,639 --> 01:51:16,400
so controlling water into the slide is
is what we need to do. We can't control

442
01:51:13,119 --> 01:51:20,560
rainfall. we can make sure, which Lori
pointed out, uh they're replacing all

443
01:51:18,960 --> 01:51:28,719
the surface drains because all those
pipes were mostly HDPE and they all

444
01:51:22,880 --> 01:51:33,280
melted. Um and uh so restoring that
carries rainwater through the storm

445
01:51:30,560 --> 01:51:38,880
drain system off the mesa. So that's a
big improvement and an essential

446
01:51:35,119 --> 01:51:45,040
improvement. Um so but that's how we
control this landslide. it. This

447
01:51:41,119 --> 01:51:48,960
landside is simply too large to use a
traditional

448
01:51:46,639 --> 01:51:55,440
concrete queson,
uh, tiebacks, things like that. Uh,

449
01:51:53,520 --> 01:51:58,719
they're they're too small compared to
the mass of the landslide. You've got to

450
01:51:57,360 --> 01:52:02,400
control the groundwater. It's the only
way to control the stability of this

451
01:52:00,080 --> 01:52:06,280
landslide is a practical matter.
>> Okay. Thank you very much.

452
01:52:06,400 --> 01:52:11,040
» Um, yeah, I'll piggyback on that. I
think

453
01:52:10,202 --> 01:52:16,000
» [clears throat]
>> Thank you for all of that as well. Um,

454
01:52:13,679 --> 01:52:20,960
sometimes I in my mind I think of all of
these properties rebuilding at once and

455
01:52:18,560 --> 01:52:25,360
it causing kind of disturbance to the
land regardless of water because I hear

456
01:52:23,280 --> 01:52:30,880
that this is all about water and
dewatering. Um, but for an active

457
01:52:29,119 --> 01:52:36,320
landslide, which I'm hearing it is a
historic active landslide, construction,

458
01:52:34,080 --> 01:52:42,080
would that have anything to do with
movement?

459
01:52:38,719 --> 01:52:44,880
Not really. What I mean adding you're
you're going to restore these septic

460
01:52:43,599 --> 01:52:49,280
systems, right?
>> Which will contribute, but that's just

461
01:52:47,280 --> 01:52:52,480
going to bring it back to where we were.
We're at historic low septic influent

462
01:52:52,080 --> 01:52:55,280
right now.
>> So, it's not like jackhammering all at

463
01:52:54,159 --> 01:52:58,960
the same time. And
>> that is inconsequential.

464
01:52:57,119 --> 01:53:02,800
» That's good for me to question, but it's
good for me to know.

465
01:52:59,840 --> 01:53:06,159
» It simply becomes dimminimous. Um, also,
you know, speaking of the sewer

466
01:53:04,320 --> 01:53:11,040
possibility, people have asked why not
go up Big Rock. And I think the answer

467
01:53:08,239 --> 01:53:16,560
was to people don't want the price and
they also don't want the development.

468
01:53:13,199 --> 01:53:21,280
But would sewer help the big rock slide
and the dewatering this whole watering

469
01:53:19,199 --> 01:53:25,119
system?
>> Yes, it would.

470
01:53:22,560 --> 01:53:29,280
» Yes. Yes. A sewer would be a tremendous
benefit to the mesa. I mean,

471
01:53:27,599 --> 01:53:33,760
» we understand the development concerns,
but but uh you know, as far as the

472
01:53:31,440 --> 01:53:38,480
landslide stability, it would be a
tremendous benefit.

473
01:53:35,760 --> 01:53:43,440
» Good to know. Um where does the water go
from the deatering system?

474
01:53:41,280 --> 01:53:48,800
» It runs through a series of conveyance
piping. So before the fire um it it

475
01:53:46,400 --> 01:53:52,719
connected at individual facilities on
different streets for the deatering

476
01:53:50,719 --> 01:53:56,800
wells run into the the closest storm
drain catch basin and followed the

477
01:53:54,800 --> 01:54:04,000
city's municipal storm drain system down
to um PCH where then it goes into a calr

478
01:54:00,560 --> 01:54:07,119
culvert under PCH and outlets at
discharge locations on the beach

479
01:54:05,840 --> 01:54:13,199
» to the ocean. Yes.
>> Okay. And then I was wondering would it

480
01:54:09,119 --> 01:54:19,199
be um feasible or too expensive to ent
trap the water and then use it again

481
01:54:16,239 --> 01:54:22,480
because we know that Big Rock doesn't
always have water like other

482
01:54:20,560 --> 01:54:27,040
neighborhoods in Malibu to ent trap the
water and then reuse it. Is that maybe

483
01:54:25,280 --> 01:54:30,320
out that's a public works? I don't know.
But instead of having it all go to the

484
01:54:28,639 --> 01:54:33,040
ocean
>> instead it would

485
01:54:31,280 --> 01:54:37,599
» I think that just brings up a slew of
other complications. water treatment

486
01:54:35,280 --> 01:54:39,360
would be required, all sorts of
monitoring. Um,

487
01:54:39,040 --> 01:54:44,320
» okay.
>> But it it's as feasible as as sewer.

488
01:54:42,800 --> 01:54:49,119
» Um, and I wasn't sure if you knew the
answer, but residents pay for this

489
01:54:46,719 --> 01:54:55,639
through an assessment district, which
is, and I don't know that number, and I

490
01:54:51,199 --> 01:54:55,639
should. Does anybody know that number?

491
01:54:55,760 --> 01:55:01,920
» Like, one, two, or three?
I mean, I know the number of what our

492
01:54:59,920 --> 01:55:08,400
budget is for the actual monitoring and
maintenance of the for of Big Rock is on

493
01:55:03,920 --> 01:55:14,080
the order of $350,000 a year. Oh, okay.
Thank you. 350 a year. Um, okay. And

494
01:55:12,639 --> 01:55:18,320
then I heard that there's no electricity
on the deatering system. So, let's say

495
01:55:16,880 --> 01:55:22,560
the power goes out, there's a big fire,
and then it's not doing its job, but

496
01:55:20,639 --> 01:55:25,920
then there's a huge amount of water
being pushed into the mountain because

497
01:55:24,320 --> 01:55:30,960
they're trying to get the fire out.
Would that cause a landslide or could

498
01:55:28,400 --> 01:55:34,400
that
>> um do you

499
01:55:32,480 --> 01:55:39,199
» Well, you have multiple things going on.
You lost all the dewatering system

500
01:55:36,320 --> 01:55:43,360
because all the all the electric
infrastructure burned up.

501
01:55:40,639 --> 01:55:48,880
» That's right. Um, simultaneously you
lost all the septic system inputting

502
01:55:46,159 --> 01:55:57,280
water because all the houses burned down
and there there was this temporary slug

503
01:55:53,679 --> 01:56:03,440
of firefighting water, but that becomes
pretty trivial. I mean, it was a lot of

504
01:55:59,119 --> 01:56:08,480
water for a few days, but it it doesn't
amount to much in the overall stability,

505
01:56:06,320 --> 01:56:10,800
long-term stability of the slide. That
is sort of a flash in the pan that goes

506
01:56:10,400 --> 01:56:16,639
away.
>> Got it. And I was absent of a huge fire

507
01:56:14,239 --> 01:56:22,159
that was like palisades, you know,
moderate PSPS, which is a public safety

508
01:56:19,599 --> 01:56:27,520
power shut off. Does your system have
backup power?

509
01:56:24,480 --> 01:56:31,679
» We have several um contractors that we
can call on a moment's notice to bring

510
01:56:29,920 --> 01:56:36,080
out temporary generators and portable
generators uh within a day.

511
01:56:34,560 --> 01:56:40,320
» Um yeah,
>> that's great. Um, okay. And then are

512
01:56:38,239 --> 01:56:43,599
there any other active landslides in
Malibu?

513
01:56:41,840 --> 01:56:46,800
» Yeah, there's the Cayaba Bargo landslide
and the Malibu Road landslide.

514
01:56:45,280 --> 01:56:49,440
» The Malibu Road.
>> Yes, that's correct.

515
01:56:47,679 --> 01:56:51,360
» Got it. Thank you. I wanted to ask that.
And then

516
01:56:50,000 --> 01:56:56,560
» those are the landslide assessment
districts, but there are scores of

517
01:56:54,080 --> 01:57:00,320
active landslides in the city of Malibu.
>> Okay.

518
01:56:57,119 --> 01:57:04,639
» Active or historic?
>> Both active and I mean not not

519
01:57:02,880 --> 01:57:11,840
necessarily actively move. If you're
talking to a geologist,

520
01:57:06,960 --> 01:57:16,960
If a landslide has moved in in recorded
history, it's considered active. That's

521
01:57:13,920 --> 01:57:23,360
the general accepted definition. There's
multiple definitions of what is active

522
01:57:19,360 --> 01:57:28,960
and not, but but the the widely held
consideration is what the

523
01:57:26,960 --> 01:57:32,960
California Geological Survey defines it
as. If it's moved within history, it's

524
01:57:31,199 --> 01:57:39,119
considered active.
>> Okay, that's my questions.

525
01:57:36,320 --> 01:57:43,280
Thank you.
>> I guess mine's kind of a big question

526
01:57:41,119 --> 01:57:47,199
and I apologize for not prepping it
earlier, but so we have all these

527
01:57:45,599 --> 01:57:50,400
questions, you know, about geology
reports, geotechnical reports, things

528
01:57:48,960 --> 01:57:54,480
like that. And if the houses were
standing before, why can't they just put

529
01:57:52,159 --> 01:57:59,280
back the same house that they had? Why
do they have to do additional reports?

530
01:57:56,239 --> 01:58:01,440
So maybe you can just give a little
opine on

531
01:58:00,480 --> 01:58:05,119
» well why we need this.
>> Well, a lot of these homes were built in

532
01:58:02,880 --> 01:58:10,480
the '60s.
>> And so in essence they can they can

533
01:58:08,000 --> 01:58:15,599
rebuild what they had. That's that's the
the the policy. But they have to comply

534
01:58:14,080 --> 01:58:19,599
their foundations have to comply with
the building code, the current building

535
01:58:18,080 --> 01:58:26,159
code.
So they can rebuild the same house um

536
01:58:22,960 --> 01:58:31,440
plus 10% volumeish.
Um but the foundations have to comply

537
01:58:29,360 --> 01:58:35,440
with the building code. And some of the
homes

538
01:58:33,119 --> 01:58:39,920
uh
the original foundations don't comply

539
01:58:37,760 --> 01:58:43,840
with the original the the current
building code. So they have to upgrade

540
01:58:41,760 --> 01:58:48,239
their foundations and then they can put
their house on top of their new

541
01:58:46,320 --> 01:58:51,440
foundations.
It really comes down to a code

542
01:58:49,520 --> 01:58:54,960
compliance issue with regards to current
code standards.

543
01:58:52,560 --> 01:59:02,080
» Yes. I mean that's required for
>> following the LMA Pria earthquake in

544
01:58:58,080 --> 01:59:07,920
1989 and following the 1994 Northridge
earthquake, building codes were upgraded

545
01:59:05,440 --> 01:59:14,400
substantially to address primarily the
seismic but other hazards that we faced.

546
01:59:10,560 --> 01:59:18,880
And so codes have advanced and they're
somewhat more stringent now. And so your

547
01:59:16,480 --> 01:59:22,639
foundations, if your foundations were
built in 1963, they'll need to be

548
01:59:20,880 --> 01:59:26,719
upgraded.
>> Thank you. A good presentation. I

549
01:59:24,400 --> 01:59:30,639
appreciate it. Thank you,
>> Steve. Any questions or comments?

550
01:59:28,080 --> 01:59:36,159
» No, just I agree. I think this this is
very helpful. So, thank you very much.

551
01:59:32,400 --> 01:59:39,599
I' I've learned a lot. So, thank you.
>> So, I just have one question, which is

552
01:59:37,920 --> 01:59:43,920
what's the headline? What's the What's
the big takeaway from this presentation,

553
01:59:41,920 --> 01:59:49,760
if anything?
I I think it's Lor's presentation that

554
01:59:46,880 --> 01:59:59,520
the dewatering system is doing a good
job keeping up with the you know

555
01:59:56,560 --> 02:00:05,440
the big thing that changes year to year
is is the amount of rainfall we get and

556
02:00:03,040 --> 02:00:10,880
that has a substantial consequence to
the stability of the landslide. And if

557
02:00:07,440 --> 02:00:18,000
it wasn't for the dewatering system, we
would lose that battle. And you know, it

558
02:00:14,239 --> 02:00:23,840
it would be the the tract was developed
in the 60s and 70s. And after it was

559
02:00:21,440 --> 02:00:30,800
fully built out, it very quickly started
to fail. Um once it got all those 216

560
02:00:28,400 --> 02:00:35,119
homes and all their 216 septic systems
putting water into the landslide, it

561
02:00:33,119 --> 02:00:42,400
very quick it started creeping in the
70s and it started active failure in the

562
02:00:38,639 --> 02:00:47,760
in the early 80s. U it didn't take long
once all those septic systems were

563
02:00:44,320 --> 02:00:50,800
putting water in. uh whereas and the
other thing that had happened is as I

564
02:00:49,280 --> 02:00:56,080
had mentioned there was this ocean
mutual water system that had been

565
02:00:54,000 --> 02:01:01,119
dewatering the landslide not
intentionally just for municipal supply

566
02:00:58,400 --> 02:01:05,760
water for decades before but the housing
pushed all those wells out and so they

567
02:01:04,159 --> 02:01:10,719
stopped dewatering and they started
putting septic in and and the slide

568
02:01:08,480 --> 02:01:17,280
failed rapidly.
>> Okay, thank you.

569
02:01:13,920 --> 02:01:23,280
That takes us to commission committee
city manager update. I have three cards

570
02:01:20,000 --> 02:01:27,679
for commissioner updates. There are no
commissioners online right on Zoom.

571
02:01:26,303 --> 02:01:30,239
[clears throat]
>> Correct. We don't have any virtual

572
02:01:29,040 --> 02:01:35,000
commission updates.
>> Okay, Scott Dick, you're up.

573
02:01:44,000 --> 02:01:55,040
Thank you, uh, Mr. Mayor and Council and
Joe. Um, that was a great report. as a

574
02:01:51,920 --> 02:02:02,719
public works commissioner for that last
decade. Um we've gotten the reports on

575
02:01:58,800 --> 02:02:07,679
this on the big rock and the other uh
watering districts, dewatering

576
02:02:04,560 --> 02:02:15,599
districts. And what we've seen, of
course, is what was just presented is

577
02:02:10,800 --> 02:02:21,280
that over that time period, um it's been
stable.

578
02:02:17,599 --> 02:02:25,440
And if it's been stable,
then

579
02:02:23,199 --> 02:02:30,880
what we call it a landslide for
rebuilding,

580
02:02:26,960 --> 02:02:36,320
it seems like we don't have any problem.
Um, but Halen brought up something I

581
02:02:33,760 --> 02:02:45,040
wanted to address.
All that water goes out into the ocean.

582
02:02:40,480 --> 02:02:49,679
Now, the gentleman mentioned that
the fire department when they come and

583
02:02:47,760 --> 02:02:54,880
they're trying to put out houses, lots
of water. Except I'm going to remind

584
02:02:52,159 --> 02:03:01,679
you, the fire department did not come to
Big Rock or any of the other canyons.

585
02:02:57,440 --> 02:03:06,320
So, that wasn't a contributing factor.
But

586
02:03:03,520 --> 02:03:12,480
there wasn't water there
to fight a fire.

587
02:03:08,800 --> 02:03:19,760
Now it comes back to public works.
We would like you guys to direct staff

588
02:03:16,239 --> 02:03:23,360
and the public works commission to
investigate

589
02:03:21,360 --> 02:03:28,719
the possibility
of using

590
02:03:26,080 --> 02:03:34,239
that water somehow. I don't see why
you'd treat it cuz you're talking about

591
02:03:30,480 --> 02:03:40,719
using it for fire purposes only to build
a tank at the top of Big Rock. Now, this

592
02:03:38,400 --> 02:03:47,280
just seems logical to me. I'm not an
engineer, but it seems like if we could

593
02:03:44,159 --> 02:03:52,400
take a bunch of water
and have that available,

594
02:03:50,560 --> 02:03:58,639
um I know it's not going to take we're
not going to use all the water, but the

595
02:03:54,320 --> 02:04:05,840
easiest part have a big tank so that if
excuse me, when there's another fire,

596
02:04:02,159 --> 02:04:12,400
we can use that water to
have at least a resource for our

597
02:04:09,119 --> 02:04:18,239
firefight. writers. So, I don't know if
it's feasible, but I think we should

598
02:04:14,639 --> 02:04:22,719
investigate it. So, please
send that over to public works

599
02:04:19,679 --> 02:04:28,560
commission. We will investigate. Maybe
it's way too expensive, but maybe it's

600
02:04:25,920 --> 02:04:32,320
possible. So, let's look at what we can
do to make our town a little bit safer.

601
02:04:31,840 --> 02:04:35,440
Thanks,
>> Scott. Is is that a public works

602
02:04:33,840 --> 02:04:42,239
commission request or you just raising
that on your own right now? Um, as a

603
02:04:38,639 --> 02:04:44,320
public works commissioner, I am bringing
that to you.

604
02:04:43,119 --> 02:04:46,560
» Was that was that something that the
public works commission voted to have

605
02:04:45,760 --> 02:04:51,360
you present to?
>> No, it it was not.

606
02:04:48,000 --> 02:04:55,920
» Okay. What I'm asking is let's see if we
could investigate. Thank you.

607
02:04:53,360 --> 02:04:59,560
» Sure.
>> Um, Judy Viblanca.

608
02:05:08,239 --> 02:05:13,199
Good evening, Mayor Silverstein, members
of the council, city manager. Um, I am

609
02:05:11,920 --> 02:05:17,440
the current chair of the parks and
recreation commission and I'm here to

610
02:05:15,040 --> 02:05:20,480
update you on some of our activities. I
also want to recognize the other

611
02:05:18,800 --> 02:05:25,679
commissioners, Jake Lingo, Dane
Scophammer, Georgia Goldfarb, and Alicia

612
02:05:22,800 --> 02:05:29,599
Peak. Uh, first, we are excited beyond
belief that our permanent skate park was

613
02:05:27,599 --> 02:05:35,280
opened on Saturdays and Sundays on
February 14th. Yes. Since opening, an

614
02:05:32,960 --> 02:05:39,119
average of 20 to 30 people per hour have
been enjoying it. The park is still

615
02:05:37,199 --> 02:05:44,480
closed Monday through Friday uh because
construction continues for landscaping,

616
02:05:41,360 --> 02:05:48,560
irrigation, fencing, and the restrooms.
Tonight, the council will be reviewing

617
02:05:46,639 --> 02:05:53,679
the commission's recommendation for the
preliminary design of the Malibu Bluffs

618
02:05:50,719 --> 02:05:57,360
Park snack shack with associated storage
for youth sports, which has been at the

619
02:05:55,840 --> 02:06:01,280
front forefront of the commission's work
plan since 2023.

620
02:05:59,520 --> 02:06:05,840
commission has worked very hard to bring
the best design forward and limit costs

621
02:06:03,440 --> 02:06:09,360
as much as possible while providing the
needed facilities. All of the

622
02:06:07,840 --> 02:06:14,159
commissioners, many who you'll hear from
later, um strongly support this project

623
02:06:11,760 --> 02:06:17,920
as a vital amenity for this park where
our youth sports and skate park are

624
02:06:15,920 --> 02:06:22,880
centered. This will really be a great
community building asset. We realize

625
02:06:20,560 --> 02:06:26,639
each parks and wreck project requires
significant funding and as the

626
02:06:24,800 --> 02:06:30,400
commission continues to work with you on
developing desired recreational

627
02:06:28,320 --> 02:06:34,159
facilities for our community. We would
ask the council to consider developing

628
02:06:32,320 --> 02:06:38,320
an infrastructure to allow private
funding to be solicited to supplement

629
02:06:36,400 --> 02:06:43,840
city funds so we can complete these
projects. Um some upcoming events

630
02:06:40,800 --> 02:06:49,199
include the nominations for the 2026 Jay
Caredian Award are now open until

631
02:06:46,079 --> 02:06:52,560
Tuesday, March 31st. Uh the nomination
form is available at

632
02:06:50,320 --> 02:06:56,400
maliboucity.org/jake
award and this award is presented

633
02:06:54,320 --> 02:07:00,320
annually to an individual or group that
contributes to the betterment of parks

634
02:06:57,920 --> 02:07:05,119
and recreation in Malibu. Uh the 15th
annual shoe day pow and intertribal

635
02:07:02,719 --> 02:07:09,440
gathering will be at Bluffs Park March
28th to 29th. There will be free

636
02:07:07,440 --> 02:07:13,760
shuttles from city hall and theoki
property since there's no on-site

637
02:07:10,960 --> 02:07:16,960
parking. There will be Native American
dancers, drummers, and singers in

638
02:07:15,360 --> 02:07:21,280
addition to artists and vendors and food
trucks. Please join the celebration and

639
02:07:19,119 --> 02:07:26,000
you can find more information at malib
city.org shumash day. Um the parks and

640
02:07:24,239 --> 02:07:30,159
recck commission is also responsible to
oversee the earth friendly management

641
02:07:27,599 --> 02:07:35,199
policy in our city parks which which
includes the elimination of herbicides,

642
02:07:32,000 --> 02:07:39,040
pesticides and rodenocides. Um we are
proud of what we have accomplished and

643
02:07:37,280 --> 02:07:43,520
we have several goals and outreach
opportunities to achieve in 2026. We

644
02:07:41,920 --> 02:07:47,440
hope these efforts will provide a model
for everyone in Malibu to become more

645
02:07:45,280 --> 02:07:52,159
aware of protecting our unique habitat
and implementing these principles on

646
02:07:49,199 --> 02:07:55,840
their own properties. Um some other
projects that we have in the works are

647
02:07:54,159 --> 02:07:59,840
um the staff is working with Tranquist
Riders and Ropers to develop a community

648
02:07:57,840 --> 02:08:04,000
use agreement and potential restoration
plan for the equestrian center. Um staff

649
02:08:02,400 --> 02:08:07,679
is also working with commissioners to
see if we can do a dog park at Los

650
02:08:05,760 --> 02:08:11,760
Flores Park which is currently being
restored after major fire damage. Um,

651
02:08:10,079 --> 02:08:15,440
I'll just end by inviting the community
to attend our meetings the third Tuesday

652
02:08:13,760 --> 02:08:19,840
of the month at 6:30 in the
multi-purpose room. Thank you.

653
02:08:17,679 --> 02:08:23,239
» Thank you, Judy.
>> Mel May.

654
02:08:31,679 --> 02:08:40,400
Good evening, council members. Welcome,
city manager Irvin. We had a safety

655
02:08:38,079 --> 02:08:43,840
meeting last week. I spoke with Chair
Spiegel who's in attendance tonight and

656
02:08:42,079 --> 02:08:49,920
just wanted to run down a few things
that we're working on which people may

657
02:08:46,000 --> 02:08:54,639
be aware of may they may not be. Um
first off I would like to

658
02:08:53,040 --> 02:08:58,880
plead with everybody if you see
something say something because a lot of

659
02:08:56,480 --> 02:09:03,360
things that people see they think people
are going to fix but they don't fix

660
02:09:00,719 --> 02:09:08,159
them. I got a I was party to an email
where somebody hit something in PCH tore

661
02:09:05,840 --> 02:09:13,360
up their tire. They were stranded. So if
you see something see something in the

662
02:09:09,760 --> 02:09:18,840
highway report it to um Susan Dwayne's
office here at the city public works or

663
02:09:15,840 --> 02:09:18,840
CALR.

664
02:09:19,920 --> 02:09:26,320
We discussed a lot of topics last week.
One of the first things that came up was

665
02:09:24,639 --> 02:09:31,119
uh Mayor Silverstein's appointment
Alexis brought up the recent fatality on

666
02:09:29,119 --> 02:09:34,880
Malibu Canyon and so we discussed that a
little bit. Uh, I've worked on Malibu

667
02:09:33,280 --> 02:09:38,560
Canyon in the Krails and the guardrails
for over 10 years with Jennifer Denakoa

668
02:09:36,880 --> 02:09:42,560
many years ago and I was on the safety
commission previously. I've reached back

669
02:09:40,880 --> 02:09:47,360
out to the county to see if we can get
some accelerated action to try to make

670
02:09:45,119 --> 02:09:53,040
that highway safer as the traffic gets
more congested this summer. Uh, other

671
02:09:50,560 --> 02:09:57,520
things that were discussed were the
Corell Canyon intersection and the

672
02:09:54,800 --> 02:10:03,040
safety there, West Winding Way and the
overcrowding that's going on there. uh

673
02:10:00,400 --> 02:10:06,880
crosswalks and safety there. I've had a
friend that was hit by the Zoomerz

674
02:10:04,480 --> 02:10:11,440
crosswalk and I actually almost got hit
in that crosswalk, too. So, we've talked

675
02:10:08,719 --> 02:10:16,639
about safety and crosswalks. The city
has put up some new high visibility

676
02:10:13,599 --> 02:10:20,880
yellow signs along Cross Creek and uh
Civic Center, and uh I've reached out to

677
02:10:19,119 --> 02:10:25,119
them to try to redo some stenciling for
some of the worn lines there so people

678
02:10:22,400 --> 02:10:29,840
will be safer there. Also, the Zuma
underpass, we are pushing forward to try

679
02:10:28,159 --> 02:10:34,800
to get some action on that to get that
open. So, that last weekend again, uh

680
02:10:32,960 --> 02:10:39,040
there wasn't enough people taking money
at the parking lots and so and the

681
02:10:36,719 --> 02:10:43,840
underpass wasn't open and so traffic
backed up on PCH. So, you've got PCH

682
02:10:41,760 --> 02:10:49,119
gridlocked because of a couple very
simple things to fix. So, we're working

683
02:10:46,000 --> 02:10:52,880
on that. Uh the fire leaison made a nice
presentation. in the city for those of

684
02:10:51,040 --> 02:10:57,760
you that don't know that that has a
department for fire safety. They have

685
02:10:54,880 --> 02:11:01,280
some very educated fire liaison people
which will come out to your property,

686
02:10:59,520 --> 02:11:05,280
inspect the property, give you
suggestions, defensible space, brush

687
02:11:03,199 --> 02:11:11,920
clearing, and also home hardening
techniques. So, it's a it's very helpful

688
02:11:08,960 --> 02:11:16,719
on many different levels. So, please
reach out. Um,

689
02:11:14,880 --> 02:11:21,280
uh, we have the council members, as I
mentioned, Alexis is on there. We have,

690
02:11:19,040 --> 02:11:25,440
uh, Richard Garvey who's on CERT, Brian
Merrick, who's been a realer and has

691
02:11:22,960 --> 02:11:29,199
been in this town forever. And so, we've
got some good depth on the count on the

692
02:11:27,199 --> 02:11:32,800
commission right now. And we'd love to
hear from people if they have any

693
02:11:30,320 --> 02:11:37,360
suggestions about things to work on.
And, um, there's also water storage. You

694
02:11:36,079 --> 02:11:40,880
know, we've had a problem with water
storage in the past. It will in this

695
02:11:39,920 --> 02:11:44,159
fire.
>> Thank you. So, we're pressing for more

696
02:11:42,880 --> 02:11:48,400
water.
>> Okay. We received one slip late and we

697
02:11:46,719 --> 02:11:53,040
already heard one person from the public
works commission. So, sorry.

698
02:11:51,440 --> 02:11:57,199
» We're going to move to the um city
manager update.

699
02:11:55,440 --> 02:12:01,119
» Yes. Good evening, mayor, members of
city council, and members of the public.

700
02:11:58,719 --> 02:12:05,280
Joe Irvin. Uh hello, community of
Malibu. Happy to be here today. Uh, a

701
02:12:03,520 --> 02:12:12,079
few items I'd like to update everyone on
is, uh, the council members, uh, Riggins

702
02:12:09,199 --> 02:12:15,920
and Conrad, uh, celebrated Malibu
Village Books. Uh, we highlighted the

703
02:12:14,000 --> 02:12:20,079
store's resilience through the recent
fires and its role as a community hub.

704
02:12:18,480 --> 02:12:24,880
Uh, part of this is part of the city's
ongoing efforts to support our local

705
02:12:21,840 --> 02:12:30,719
businesses from Palisades Fire. Uh, and
resources are available via Malibu

706
02:12:27,040 --> 02:12:34,880
Rebuilds.org related to these efforts.
Also as part of the public works project

707
02:12:32,960 --> 02:12:38,400
uh the signal synchron s syn
synchronization

708
02:12:36,560 --> 02:12:45,040
uh we are connected to real- time video
feeds on traffic conditions on PCH it's

709
02:12:41,840 --> 02:12:51,920
now available on the CALR website tiny
URL back or.comcalrans

710
02:12:49,599 --> 02:12:57,440
traffic cams we'll make sure that's
clear on the city's website this is part

711
02:12:54,400 --> 02:13:01,280
of the city's PCH uh signalization uh
safety projects

712
02:12:59,520 --> 02:13:06,400
community services has recently
installed three new public telescopes at

713
02:13:03,280 --> 02:13:12,719
the whale watching uh spot. This is at
Malibu Bluffs Park. Two have stepups and

714
02:13:09,599 --> 02:13:17,360
one is wheelchair accessible. These are
significantly better than the aging

715
02:13:14,880 --> 02:13:21,199
telescopes that we're breaking down. Uh
it's a great tool for our kids and

716
02:13:18,960 --> 02:13:24,960
adults to watch whales uh and observe
the coastline and our beautiful views

717
02:13:22,800 --> 02:13:28,920
for education purposes and just
enjoyment uh outside.

718
02:13:30,560 --> 02:13:39,257
Uh some of you may know about the uh
executive order that was issued uh

719
02:13:35,360 --> 02:13:42,239
probably 45 60 days ago uh from the
[clears throat] president. Uh there's

720
02:13:40,639 --> 02:13:46,159
been some talk in the community about
the Small Business Administration

721
02:13:43,920 --> 02:13:51,040
guidance that's being given out to those
who have received uh funding from SBA.

722
02:13:49,440 --> 02:13:55,119
Uh, I just want to state for the record
and to make it very clear that city

723
02:13:52,880 --> 02:14:00,159
building permit codes, fire safety
codes, county building codes, all still

724
02:13:57,520 --> 02:14:05,280
shall be met. Uh, if you plan to
rebuild, get in the door with the

725
02:14:02,000 --> 02:14:10,960
Yolanda Bundy's uh, office to get your
expedited permit and follow the rules

726
02:14:07,760 --> 02:14:15,599
that are in place to ensure you uh,
build properly and consistent with local

727
02:14:13,040 --> 02:14:19,920
codes.
With that, I would like to turn it over

728
02:14:17,920 --> 02:14:27,280
to Director Bundy to give a brief
overview of our rebuilding process.

729
02:14:24,400 --> 02:14:31,040
» Thank you, city manager. Um, and thank
you, city council. Uh, just a brief

730
02:14:29,360 --> 02:14:39,199
update where we are with our fire
rebuilds. Um,

731
02:14:34,719 --> 02:14:45,360
currently, uh, we have, um, we are close
to the 37, uh, permits issued. We're

732
02:14:42,639 --> 02:14:50,880
working with three more families uh to
uh issue permits this week. So that will

733
02:14:47,360 --> 02:14:56,239
give us 40 of those homes for our
families are being built. Uh we have so

734
02:14:54,000 --> 02:15:03,679
far 629
total building permits issued on that

735
02:14:58,800 --> 02:15:09,760
affected area and with 176 uh planning
approved uh homes.

736
02:15:07,360 --> 02:15:15,119
I also wanted to share with the uh
council and with the community that this

737
02:15:12,239 --> 02:15:22,159
morning staff met with the rebuilds on
capitans uh Darren Graves uh Joe

738
02:15:18,159 --> 02:15:27,280
Drummond Lu Tenna and um both of our
council members Rean and Conrad to

739
02:15:24,639 --> 02:15:34,159
continue talking about our better ways
to streamline the process. And one of

740
02:15:30,400 --> 02:15:39,360
them was uh we are creating a master uh
rebuild guidelines that provide will

741
02:15:36,639 --> 02:15:45,280
provide a clear easy to follow roadmap
for all of our families. We also um had

742
02:15:43,280 --> 02:15:52,239
another meeting in regards to the
rebuild website to make sure that our

743
02:15:48,960 --> 02:15:58,320
documents uh as per Darren's comments
last week follow the policy and that

744
02:15:54,960 --> 02:16:01,599
direction of uh of council. I feel
confident that with this efforts, we're

745
02:16:00,400 --> 02:16:06,480
getting to a point that we're
collaborating with the community. We're

746
02:16:03,280 --> 02:16:12,079
getting things move forward. And lastly,
um just want to share with you a few

747
02:16:09,199 --> 02:16:17,440
events that are coming. uh one that will
happen tomorrow at at the council

748
02:16:14,639 --> 02:16:21,920
chambers from 12 to 2 with the zone
capence uh to continue talking about

749
02:16:19,679 --> 02:16:26,719
those geotechnical guidelines and
provide clarity uh to those families

750
02:16:24,320 --> 02:16:30,960
that still uh feel that they need a
little bit more clarification that will

751
02:16:28,719 --> 02:16:35,920
take place here at the council chambers.
Uh we will also be hosting on Wednesday,

752
02:16:33,439 --> 02:16:39,760
March 11, a design professionals
meetings. To all of our design

753
02:16:37,760 --> 02:16:45,840
professionals that are out there, uh
please we uh urge you to attend. This is

754
02:16:43,040 --> 02:16:50,080
to continue answering questions as they
are the ones that are submitting the

755
02:16:47,760 --> 02:16:57,120
projects for review and we want to
continue um discussing any other uh um

756
02:16:54,399 --> 02:17:03,439
questions that they might have or ideas
that they might bring on board. Uh so

757
02:16:59,040 --> 02:17:10,240
please uh we uh urge you to uh join us
on Wednesday 11th and then March 24 uh

758
02:17:07,040 --> 02:17:17,200
all of our families. Uh we really want
to have a a gathering and this is uh

759
02:17:14,639 --> 02:17:21,280
with the intent to uh invite families
that have already been through the

760
02:17:18,639 --> 02:17:26,719
process on policies fires and so they
can give the uh the feedback to the ones

761
02:17:24,399 --> 02:17:32,559
that haven't submit to those 307
families that haven't submit so they can

762
02:17:29,200 --> 02:17:36,880
um know that it is doable it is possible
and the city is committed to continue

763
02:17:34,479 --> 02:17:42,559
helping them. And with that I conclude
my presentation. Thank you so much.

764
02:17:40,639 --> 02:17:47,280
» Thank you uh Yolanda. And I believe we
have uh Sergeant uh Solderland who's

765
02:17:45,120 --> 02:17:50,319
here to give a brief update. Mayor,
>> before we move to Sergeant Southern,

766
02:17:49,200 --> 02:17:54,800
does any council member have any
questions of Yolanda?

767
02:17:52,880 --> 02:17:58,399
» Just uh curious, how close are we to
getting uh certificate of occupancy on

768
02:17:57,120 --> 02:18:02,639
any of those permits?
>> Uh the closest one is uh Denise

769
02:18:00,240 --> 02:18:08,399
Tubberman. Uh she is located on the Big
Rock area. She right now they are uh

770
02:18:05,840 --> 02:18:14,920
doing the framing. We estimate within
the next six months uh she will be

771
02:18:10,719 --> 02:18:14,920
calling for a certificate of occupancy.

772
02:18:15,599 --> 02:18:21,399
» Any other questions?
>> Thank you.

773
02:18:18,240 --> 02:18:21,399
» You're welcome.

774
02:18:28,639 --> 02:18:35,519
» Good evening, city council. Welcome,
city manager Joe Irvin. Look forward to

775
02:18:33,519 --> 02:18:41,439
uh partnering with you and working with
you. Um I have the crime statistics for

776
02:18:39,120 --> 02:18:47,280
the month of February for the city of
Malibu. Uh in February there were 15

777
02:18:44,800 --> 02:18:52,240
part one crimes reported. Uh this brings
the total for the year to 32 and that

778
02:18:50,000 --> 02:18:57,760
compares with 42 from the same time last
year. So that's a almost 24% decrease.

779
02:18:55,599 --> 02:19:02,479
So still the crime trends are still
trending down. So that is good to

780
02:19:00,211 --> 02:19:09,439
[snorts] see. A couple notable incidents
that happened uh over the past several

781
02:19:05,120 --> 02:19:16,240
weeks. Uh the first one uh both of these
involved uh homeless individuals. So the

782
02:19:12,240 --> 02:19:21,760
first one happened on February 24th at
about 1:00 in the afternoon. Uh this was

783
02:19:18,880 --> 02:19:28,960
in the 23,000 block of PCH at Malibu
Village books. Um the suspect had set up

784
02:19:26,479 --> 02:19:34,559
uh a tent on the location, which is
private property, and a security guard

785
02:19:30,559 --> 02:19:39,920
at the location um went to have that
individual leave the the property. Uh

786
02:19:37,599 --> 02:19:45,439
the suspect then took out a pair of
scissors and threatened to stab the

787
02:19:41,519 --> 02:19:48,479
security guard. Um deputies were called
and while they were on the way, the

788
02:19:46,719 --> 02:19:55,040
suspect gathered their belongings and
left on foot. uh a California State

789
02:19:52,080 --> 02:19:59,520
Parks officer was nearby and that uh
security officer flagged the California

790
02:19:57,760 --> 02:20:05,760
State Parks officer down and who
followed the uh suspect to um Legacy

791
02:20:03,120 --> 02:20:11,200
Park and the deputies were able to
locate the uh suspect and take him into

792
02:20:08,160 --> 02:20:16,191
custody and he was arrested for felony
criminal threats and brandishing a

793
02:20:12,640 --> 02:20:19,359
weapon in this case the scissors. Um,
[clears throat]

794
02:20:16,720 --> 02:20:25,200
another notable incident that happened
uh on February 28th at about 9:30 in the

795
02:20:22,160 --> 02:20:29,920
morning at the Starbucks on Malibu Road.
Um,

796
02:20:27,520 --> 02:20:33,359
uh, the victim was seated outside of the
Starbucks. Uh, when she overheard the

797
02:20:31,680 --> 02:20:38,399
suspect arguing with an employee in the
location about being asked to leave the

798
02:20:35,680 --> 02:20:41,280
premises. As the suspect walked away, he
suddenly swung his right arm in a

799
02:20:39,920 --> 02:20:45,200
punching motion towards her, knocking
over the drinks on her table. Uh the

800
02:20:43,680 --> 02:20:48,960
suspect then swung his right arm again
and this time hit her on the shoulder

801
02:20:46,640 --> 02:20:53,680
with a closed fist. The suspect
immediately fled on foot. Um when the

802
02:20:52,319 --> 02:20:58,640
deputies got there, the suspect was
gone. But later in the day, a witness to

803
02:20:55,920 --> 02:21:04,399
this incident actually located uh the
suspect walking on PCH about a mile from

804
02:21:02,560 --> 02:21:08,240
the Starbucks and had the presence of
mind to call the sheriff's department

805
02:21:06,000 --> 02:21:14,479
and deputies were able to apprehend that
suspect. So, thank you to that witness.

806
02:21:10,960 --> 02:21:19,728
uh that suspect was arrested for elder
abuse because the victim in this case

807
02:21:16,319 --> 02:21:23,439
was 71 years old. So um thank
[clears throat] you for that to that

808
02:21:20,720 --> 02:21:26,439
witness for being a good witness.
Um

809
02:21:27,359 --> 02:21:36,080
finally over the past weekend uh Parker
you can pull up the uh the DUIS. So, the

810
02:21:33,760 --> 02:21:44,080
Malibu VOPS were out on patrol this past
weekend and uh if you can see and uh

811
02:21:41,920 --> 02:21:49,439
they were patrolling the area on PCH
near Tranis when they noticed a vehicle

812
02:21:46,960 --> 02:21:52,720
that was driving erratically and they
thought the uh driver may have been

813
02:21:51,359 --> 02:21:57,120
having a medical emergency or was
possibly under the influence and they uh

814
02:21:54,800 --> 02:22:04,720
used the radio to to have the deputies
respond and the vehicle was pulled over

815
02:22:01,120 --> 02:22:10,479
and inside the uh vehicle, they've
located a nitrous oxide bottle and also

816
02:22:08,000 --> 02:22:14,880
that French bulldog there and they
determined that the suspect was under

817
02:22:12,960 --> 02:22:19,600
the influence of not only alcohol but
nitrous oxide and were able to arrest

818
02:22:16,640 --> 02:22:25,840
him for driving under the influence. So
kudos to the VOPs. Uh they're extra help

819
02:22:23,520 --> 02:22:29,520
for us out there. They're outstanding
and they did a great job over the

820
02:22:28,160 --> 02:22:33,143
weekend.
Um, finally, [clears throat]

821
02:22:33,600 --> 02:22:39,200
uh,
the sheriff's department and the fire

822
02:22:37,520 --> 02:22:44,560
department went to Dukes last week. They
had a a nice gathering for us for first

823
02:22:41,760 --> 02:22:49,600
responders and that's int anticipation
of their grand reopening this week. So,

824
02:22:47,600 --> 02:22:56,240
uh, they will be open and they could,
uh, use your patronage. So, please stop

825
02:22:52,160 --> 02:23:01,600
by. The food was great. Um, also
deputies from the sheriff station played

826
02:22:58,800 --> 02:23:08,800
the middle schoolers at Malibu,
um, middle school in a basketball game

827
02:23:03,840 --> 02:23:14,880
game during their lunch. So, um, we won
26 to 23. Couldn't let the middle middle

828
02:23:11,760 --> 02:23:18,720
schoolers beat us, but uh, it was a
great event and it was a great time with

829
02:23:16,399 --> 02:23:23,760
the kids and, uh, everyone had a great
time. So,

830
02:23:20,800 --> 02:23:28,720
um, finally, if you can bring up the
flyer,

831
02:23:26,160 --> 02:23:32,560
uh, if you would like to donate, we are
doing a fundraiser for feeding military

832
02:23:30,880 --> 02:23:37,680
families at the station. You can drop
off, uh, any of those needed items

833
02:23:34,399 --> 02:23:42,880
there. Um, they support, uh, the armed
forces families at 29 Palms, Camp

834
02:23:40,160 --> 02:23:47,920
Pendleton, Fort Irwin, and Los Angeles
Air Force Base. So, the deadline to get

835
02:23:45,680 --> 02:23:52,240
it to the station is this Wednesday.
There's also a QR code there if you want

836
02:23:49,680 --> 02:23:57,280
to uh contribute directly, but uh we're
accepting donations at the station and

837
02:23:54,160 --> 02:24:03,040
we'll transport it out to uh Sand Deus
there. So, that is all I have. I'm

838
02:23:59,760 --> 02:24:07,359
available if anyone has any questions.
Does anybody have any questions?

839
02:24:05,040 --> 02:24:10,720
» Steve,
>> we played the high school kids and we

840
02:24:09,040 --> 02:24:15,520
won. You say that with a little more
confidence. [laughter]

841
02:24:13,120 --> 02:24:19,254
Yeah, we uh it was probably the the
hardest 20 minutes of my life.

842
02:24:17,234 --> 02:24:19,254
[laughter]

843
02:24:20,160 --> 02:24:25,280
» You know, you catch these homeless
people with the guy with the scissors or

844
02:24:23,760 --> 02:24:28,960
what happens to them when you arrest
them?

845
02:24:26,240 --> 02:24:34,479
» So, in that case, uh he was arrested for
a felony. And so, uh and since it

846
02:24:32,880 --> 02:24:38,399
involved a weapon, so that's a serious
crime, they stay in jail until they see

847
02:24:35,920 --> 02:24:41,520
the judge. So, uh, they have an
arraignment date within 48 hours and

848
02:24:40,240 --> 02:24:44,240
then it goes through the criminal
justice system

849
02:24:42,560 --> 02:24:50,000
» and typically they just get let go
again. Is that I mean I don't

850
02:24:46,640 --> 02:24:55,280
» So zero bail is in effect and so a lot
of crimes um are released on citation

851
02:24:53,280 --> 02:24:58,280
but in this case uh they were held in
custody.

852
02:24:58,720 --> 02:25:05,040
» We played the kids and we won.
>> Anybody else?

853
02:25:03,840 --> 02:25:08,200
» Thank you for your report.
>> Thank you.

854
02:25:12,479 --> 02:25:20,000
I don't have any more. Um,
>> did you want to hear a law enforcement

855
02:25:18,000 --> 02:25:23,920
update from the MRCA or under public
comment?

856
02:25:21,520 --> 02:25:29,399
» We we can hear from Ranger Tim now.
>> Ranger Tim and

857
02:25:26,240 --> 02:25:29,399
» thank you.

858
02:25:34,240 --> 02:25:40,720
Good evening, mayor and city council
members and city manager. Uh, I'd like

859
02:25:38,399 --> 02:25:47,200
to give the MRCA uh, Coastal Ranger
report. In the last month, a total of

860
02:25:43,439 --> 02:25:51,760
276 st citations were issued involving
park violations and illegal parking,

861
02:25:49,760 --> 02:25:57,200
including littering, possession of
alcohol, smoking in the back country,

862
02:25:54,720 --> 02:26:02,479
and dogs off leash, as well as being in
a closed area. Currently, we have

863
02:26:00,080 --> 02:26:07,840
augmented staffing in Malibu due to
recent wind events and for the for a

864
02:26:05,439 --> 02:26:13,680
potential or prevention of a wildlife
incident, wildfire incident. Correction.

865
02:26:11,439 --> 02:26:19,439
And Parker, do you have the picture?
Thanks. On February 9th,

866
02:26:17,600 --> 02:26:23,600
we're almost there. There we go. On
February 9th at Murphy Way Roadway,

867
02:26:21,760 --> 02:26:30,240
there are three park signs that were
defaced and vandalized by painting over

868
02:26:26,479 --> 02:26:37,439
them. Currently, the signs were restored
and are back to their original state.

869
02:26:34,240 --> 02:26:42,160
Thank you. Thank you, Parker.
Continuous uh ranger safety patrols were

870
02:26:39,840 --> 02:26:48,080
implemented at Escanido Canyon Park due
to the park visitors roadway safety and

871
02:26:44,720 --> 02:26:53,520
navigation to the designated trails. A
total of 876 pounds of trash was picked

872
02:26:51,040 --> 02:26:58,640
up at our coastal area parks, including
all beach accessways. Currently, there

873
02:26:56,399 --> 02:27:06,160
have been no evidence of new encampments
developments at Malibu Blust Park and

874
02:27:01,680 --> 02:27:12,720
continuous patrols persist in the area.
And this Oh, also a total of 875 pounds

875
02:27:10,080 --> 02:27:18,000
of trash was picked up. I I said that
before. And this concludes my ranger

876
02:27:15,520 --> 02:27:19,359
report. Any questions?
>> I do.

877
02:27:19,120 --> 02:27:22,319
» Okay.
>> Hi, Ranger Tim. How are you?

878
02:27:21,359 --> 02:27:25,439
» Good. How are you?
>> Great. Good to see you.

879
02:27:23,600 --> 02:27:29,120
» Thank you. Likewise. Any details of the
injury that happened yesterday? I think

880
02:27:27,600 --> 02:27:32,479
somebody might have broken their leg on
the hike.

881
02:27:30,080 --> 02:27:37,840
» Oh yeah, absolutely. There was a uh
there was a a female

882
02:27:34,800 --> 02:27:41,520
» girl 18 years old that buckled her her
ankle.

883
02:27:38,880 --> 02:27:45,600
» So luckily we were on on scene and we
went uh to her rescue. Luckily

884
02:27:44,000 --> 02:27:51,439
everything was okay. the father, the
parents were there and we put uh we

885
02:27:48,000 --> 02:27:54,880
ministered first aid, put ice and um got
her safely back to her her vehicle with

886
02:27:53,760 --> 02:27:59,439
the parents.
>> Thank you. Um any information about the

887
02:27:57,200 --> 02:28:05,439
accident, the vehicular accident on PCH
and East winding way from last week?

888
02:28:01,920 --> 02:28:10,880
Yes, there's a a vehicle was going uh
westbound and was trying to make the

889
02:28:07,920 --> 02:28:15,280
turn, lost control, and then sideswiped
another car that was parked on the

890
02:28:13,120 --> 02:28:17,680
opposite side of East Waring Way.
>> Yeah,

891
02:28:15,920 --> 02:28:21,520
» I saw that. I saw the whole thing. I saw
the Tesla was parked illegally and the

892
02:28:20,080 --> 02:28:24,880
visitors that were coming, are they all
okay? They were

893
02:28:22,880 --> 02:28:27,600
» Yes, absolutely.
Yeah.

894
02:28:25,200 --> 02:28:32,160
» Um, so was this weekend a red flag
weekend? It was really windy. It was

895
02:28:30,319 --> 02:28:34,720
very windy, but not a red flag.
>> Got it. Because you know we close the

896
02:28:33,439 --> 02:28:37,439
parks during red flags.
>> Absolutely.

897
02:28:35,520 --> 02:28:40,160
» Yeah. Um and then I was wondering who
gets the money from all of your

898
02:28:38,640 --> 02:28:45,200
citations?
Is it the city? Is it MRCA?

899
02:28:43,120 --> 02:28:48,960
» Good question. Um that would I would
have to ask the administration to see

900
02:28:47,200 --> 02:28:52,080
where the funds do go
>> and I could get back to you on that.

901
02:28:50,479 --> 02:28:57,120
» I would love that. And then when you
give citations, are they on PCH or are

902
02:28:54,960 --> 02:29:02,399
they generally just in the 13 spot
parking lot? just in the parking lot.

903
02:29:00,319 --> 02:29:06,800
» So, you give all of those citations just
in the parking lot. Well,

904
02:29:04,000 --> 02:29:09,120
» sometimes we will issue citations
adjacent to our parks.

905
02:29:08,800 --> 02:29:13,600
» Yeah,
>> it depends on severity and

906
02:29:11,760 --> 02:29:20,240
» Wow. Um, I was also wondering, are you
guys able to tow because there are cars

907
02:29:16,640 --> 02:29:25,680
that park on East Winding Way and a lot
of the residents there ask me if you

908
02:29:23,760 --> 02:29:30,640
guys ever tow.
>> Yes, we can. We do have the capacity or

909
02:29:28,319 --> 02:29:35,040
we can tow a CHP 180.
>> So would we call your Ranger company

910
02:29:33,200 --> 02:29:38,080
phone number that I have that I would
give that and then you guys would come

911
02:29:36,160 --> 02:29:42,720
out and tow or do we have to because
people call Lost Hills, it's a private

912
02:29:39,600 --> 02:29:47,840
road so they can't actually tow.
>> It depends on the area too. If uh if

913
02:29:45,280 --> 02:29:52,319
it's on PCH um
>> it depends if we have the time to to

914
02:29:49,840 --> 02:29:57,280
wait for a tow and depends on severity.
If it's a major public safety issue,

915
02:29:54,720 --> 02:30:02,800
absolutely. We'll we will take the time
to uh to get a tow truck out there and

916
02:30:01,200 --> 02:30:06,960
then I heard about the vandalism. I'm
sorry to hear that. There isn't I think

917
02:30:05,120 --> 02:30:11,600
do can you confirm if there's a new sign
at the uh Eddie Albert

918
02:30:09,680 --> 02:30:15,840
trail head
because that looks brand new,

919
02:30:13,520 --> 02:30:20,240
» I believe. So, yeah, they restored all
the all the uh deface signs that that

920
02:30:18,960 --> 02:30:23,840
were in that area.
>> Okay. Looks like different information

921
02:30:22,240 --> 02:30:27,520
has been put up, but I'm not sure about
that. Like new information on that sign.

922
02:30:26,640 --> 02:30:31,520
» Could be.
>> Okay. Yeah.

923
02:30:28,560 --> 02:30:37,280
» How much is your smoking citation?
>> Uh depending on red flag, uh they they

924
02:30:34,720 --> 02:30:40,399
start at 175 and the red flag it could
be $500

925
02:30:39,359 --> 02:30:42,880
» or more.
>> All right.

926
02:30:40,800 --> 02:30:46,800
» And depends on whether we issue
administrative citation

927
02:30:44,800 --> 02:30:51,600
» or a notice to appear.
>> Got it. Thank you so much.

928
02:30:48,800 --> 02:30:55,120
» You're welcome. My pleasure. Any other
questions? Anybody else?

929
02:30:54,479 --> 02:30:58,520
» Thank you.
>> Hey, you're welcome.

930
02:31:00,000 --> 02:31:05,200
» You want to hear from CHP?
>> There's no CHP reports are done. Thank

931
02:31:04,560 --> 02:31:09,840
you, mayor.
>> Great. Thank you.

932
02:31:07,359 --> 02:31:14,560
» Okay, that takes us to written and oral
communications from the public. It's

933
02:31:11,520 --> 02:31:18,960
after 6:30, so we can get to that.
Um, how many slips we have here?

934
02:31:17,040 --> 02:31:21,439
» This is
trying to see what item

935
02:31:20,399 --> 02:31:24,439
» this is for for
>> a

936
02:31:29,120 --> 02:31:33,280
first.
>> Okay,

937
02:31:32,080 --> 02:31:38,920
» that's okay. Sorry about it.
>> Okay, got a lot of slips. Are there any

938
02:31:35,600 --> 02:31:38,920
people on Zoom?

939
02:31:39,120 --> 02:31:45,840
» There are two raised hands. Okay, lock
them down. So, we'll start with Scott

940
02:31:44,080 --> 02:31:50,960
Toau,
followed by Susie Chambers, followed by

941
02:31:49,359 --> 02:31:54,560
Dean Wener.
>> And mayor, I just want to know as you

942
02:31:52,880 --> 02:31:58,080
called the item, we have four raised
hands if you want to give everyone a few

943
02:31:56,960 --> 02:32:01,600
seconds warning and then
>> Okay, this is 4 A. And we'll give Zoom

944
02:31:59,920 --> 02:32:06,479
10 more seconds. I'll let you count it
down and if no one else raises your

945
02:32:02,880 --> 02:32:11,520
hand, let us know. Thank you. Glaz
Malibu Film Society wants to invite the

946
02:32:08,800 --> 02:32:17,840
entire community to our Oscar party this
Sunday at Alo Restaurant. There is no

947
02:32:14,640 --> 02:32:22,319
fee to attend. The first drink is on us,
either sparkling wine or sparkling

948
02:32:19,760 --> 02:32:28,399
cider. All you have to do is register on
our website. We have about 20 seats

949
02:32:24,479 --> 02:32:31,760
left. Um I know we've had a fire, but
it's been over a year and we wanted to

950
02:32:30,080 --> 02:32:36,720
bring you up to date on several things
related to the film society. As far as

951
02:32:34,640 --> 02:32:41,760
our free screening series here at city
hall, we've done five out of the 12 that

952
02:32:38,960 --> 02:32:46,880
were budgeted under the grant. Hugely
popular with attendance averaging around

953
02:32:44,240 --> 02:32:52,800
150 a show. Almost all of the Malibu
residents. We're told the AV system is

954
02:32:49,840 --> 02:32:57,359
still unreliable. We can't do anymore.
Um, when we first launched this series

955
02:32:54,800 --> 02:33:02,000
in 2024, it was so successful that a
member of this council asked us to

956
02:32:59,600 --> 02:33:06,399
prepare a proposal to restore this room
in a way that would let us bring

957
02:33:03,760 --> 02:33:11,840
firstrun screenings back to Malibu. We
did that. We presented the plans to this

958
02:33:08,880 --> 02:33:16,160
council that October. Of course, then we
had the fires later followed by a

959
02:33:13,680 --> 02:33:20,160
request and hold off until we had a new
city manager. So, welcome Joe. Looking

960
02:33:18,800 --> 02:33:25,600
forward to working with you. Call me
when you have time. Um, our big screen

961
02:33:23,120 --> 02:33:31,040
install. We offered to put up a 24 ft
screen here. Council voted last August

962
02:33:28,560 --> 02:33:34,720
to approve it. What we wanted to do was
a simple flat screen install behind the

963
02:33:33,040 --> 02:33:38,319
curtains, but staff said, "Nope, it's
got to be motorized. Got to be suspended

964
02:33:36,560 --> 02:33:43,359
from the ceiling. It's going to weigh
500 lb. We have to re-engineer the whole

965
02:33:40,880 --> 02:33:49,200
thing. We'll pay for it." Nothing's
happened in the six, seven months since

966
02:33:45,680 --> 02:33:55,200
then. Library speaker series. members of
this council voted to uh award an 85 or

967
02:33:52,960 --> 02:33:59,680
request an $85,000 grant from the
library set aside funds so that we could

968
02:33:57,680 --> 02:34:04,560
create a new free screening series which
would celebrate the ongoing connection

969
02:34:01,840 --> 02:34:09,680
between books and film which goes back
well over a hundred years. Well, library

970
02:34:06,880 --> 02:34:14,160
staff turned that down. Never told us
why. We weren't even advised that we had

971
02:34:11,680 --> 02:34:18,560
been turned down. Last August, we met
with library subcommittee. this time got

972
02:34:16,080 --> 02:34:23,600
some specifics on what was needed. We
sent that very detailed updated proposal

973
02:34:21,359 --> 02:34:28,160
last September and are still waiting for
a response. Library staff now wants even

974
02:34:26,399 --> 02:34:34,080
more information. Nobody will tell us
what it is. Uh nor have they told

975
02:34:31,280 --> 02:34:38,319
responded to our request for a sample
invoice from the current speaker series

976
02:34:36,240 --> 02:34:44,560
so that we can at least see how we
should supply any requested financials.

977
02:34:41,760 --> 02:34:50,479
We need this council's help. We are
stuck in a bureaucratic morass. All we

978
02:34:47,359 --> 02:34:56,200
want to do is help the city. So, please
help us. Thank you. Thank you, Scott.

979
02:34:56,240 --> 02:34:59,960
Susie, you're next.

980
02:35:05,680 --> 02:35:14,240
» Do I push anything?
>> Thanks.

981
02:35:10,720 --> 02:35:20,160
Good evening and welcome to our city,
Mr. Irvin, and nice to meet you, city

982
02:35:16,720 --> 02:35:24,479
council. Hi, Maryanne. Um, I'm Susie
Chambers and I am a longtime proud

983
02:35:22,160 --> 02:35:29,600
member of Malibu. Thank you for this
chance to speak tonight. I'm here

984
02:35:27,200 --> 02:35:35,680
because 10 day 10 days ago, a bunch of
Malibu residents received a notification

985
02:35:32,960 --> 02:35:40,640
that the T-Mobile cell tower be
fasttracking to be put on the public

986
02:35:38,479 --> 02:35:45,280
utility easements within our residential
areas, one of which polls is being

987
02:35:42,880 --> 02:35:51,040
proposed at my home. I have
grandchildren. I will homeschool them

988
02:35:47,120 --> 02:35:55,600
there. I have a baby, a family over here
that's pregnant. I have an elderly

989
02:35:53,120 --> 02:36:00,880
couple here and here are surrounded. Our
neighborhood is surrounded by people

990
02:35:57,920 --> 02:36:05,040
that need their health and wellness.
That being said, we understand that the

991
02:36:02,640 --> 02:36:11,200
FCC does not comply with health
standards for the restrictions of any

992
02:36:08,080 --> 02:36:16,560
cell towers, but we would like to ask
you as city council to represent us and

993
02:36:14,160 --> 02:36:22,160
pushing those cell towers and places
that would be in public areas. for

994
02:36:18,880 --> 02:36:29,040
example, out on beaches and places where
people people don't reside and sleep at

995
02:36:24,560 --> 02:36:35,600
night. We also see the TMO see this um
the T-Mobile cell towers as not

996
02:36:33,040 --> 02:36:41,600
necessarily a public utility because
they are not to be benefit

997
02:36:39,200 --> 02:36:46,640
all of the utilities. They only benefit
T-Mobile customers. So, we have concerns

998
02:36:44,160 --> 02:36:53,600
with that and we have concerns with the
permits that have been put forth by

999
02:36:49,520 --> 02:36:59,520
Crown Castle via T-Mobile to the city
that are not what is existing on the

1000
02:36:56,560 --> 02:37:05,600
poll, at least in my neighborhood. Um,
we have so many people, probably 99% of

1001
02:37:02,240 --> 02:37:10,800
our street would like to decline the
motion by T-Mobile and Crown Castle and

1002
02:37:08,640 --> 02:37:15,760
we are beseeching you as our
representatives

1003
02:37:12,960 --> 02:37:20,800
20 years from now when your legacy
leaving this office and my legacy

1004
02:37:18,319 --> 02:37:25,040
leaving my house to my children and and
people that live there after me. I want

1005
02:37:22,960 --> 02:37:30,319
to be proud of what I've left behind.
And if people are looking up and looking

1006
02:37:27,520 --> 02:37:34,640
at cell towers amidst our residential
beautiful rural Malibu and all of our

1007
02:37:33,120 --> 02:37:40,160
streets that we've worked so hard to
preserve nature and health and

1008
02:37:36,800 --> 02:37:45,359
environment and wildlife and we look up
at cell towers 20 years from now because

1009
02:37:42,640 --> 02:37:51,520
these large corporations mowed over us
as city members and residents, I think

1010
02:37:49,359 --> 02:37:57,120
we are all going to be highly upset by
that. So, it's not been on an agenda and

1011
02:37:54,640 --> 02:38:03,280
we are beseeching you because tomorrow
my letter is due to Crown Castle which

1012
02:37:59,920 --> 02:38:08,960
is on a shot clock which gives us an
urgency and so we're asking you to

1013
02:38:06,080 --> 02:38:15,359
urgently look at this with us and on
behalf of us as residents. Thank you.

1014
02:38:12,880 --> 02:38:18,359
» Thank you
Dean.

1015
02:38:22,080 --> 02:38:26,720
Thank you. I did not know that we were
going to get into the Big Rock

1016
02:38:25,120 --> 02:38:30,000
Assessment District earlier. I would
have spoken then because that was my

1017
02:38:28,160 --> 02:38:32,800
subject. Um
>> there was no public comment then anyway.

1018
02:38:31,600 --> 02:38:37,280
So this is your time.
>> Excellent. Thank you. So relative to the

1019
02:38:35,439 --> 02:38:40,880
assessment district because it got into
some questions that were coming up. Um

1020
02:38:39,439 --> 02:38:45,680
you know there's special and general
benefits separated. The amount is

1021
02:38:43,120 --> 02:38:50,160
limited to the special benefit. Parcel
receives direct and special benefit

1022
02:38:47,520 --> 02:38:54,640
distinct from the general public. Uh
there's no regulated method for that

1023
02:38:52,000 --> 02:38:58,560
aortionment aortionment. I won't touch
on the dewatering as they did a great

1024
02:38:56,240 --> 02:39:02,800
job about that. The two distinct
benefits break down into protection of

1025
02:39:00,720 --> 02:39:07,200
property, protection of roads. That
assessment was done by David toig and

1026
02:39:04,960 --> 02:39:12,640
associates in consultation with the
city's geotech consultant and city's

1027
02:39:09,760 --> 02:39:17,920
public works. um the assessment district
is properly represented as they did. Um

1028
02:39:15,439 --> 02:39:23,120
the special benefits basically break
down protection which is reduced risk

1029
02:39:21,040 --> 02:39:27,359
and degree of damage distress suffered
from slope failure. Road access

1030
02:39:25,680 --> 02:39:33,120
maintained for properties reached by
roads benefits were deemed equal for

1031
02:39:29,760 --> 02:39:38,560
both property um and and the road uh to
make sure that it could be enjoyed

1032
02:39:34,560 --> 02:39:42,640
properly. Since roads except for PCH do
not convey through traffic, there is no

1033
02:39:40,720 --> 02:39:49,280
general benefit to the public for such
road access. Um,

1034
02:39:45,840 --> 02:39:53,840
and then stabilization of the area. So,
the method of assessment, which was a

1035
02:39:51,040 --> 02:40:00,160
question somebody raised, there's 348
assessments, 706.1 benefit assessment

1036
02:39:57,359 --> 02:40:05,840
units, that's calculated based on a
single family or a condo/ apartment,

1037
02:40:03,120 --> 02:40:11,120
which also then has an assessment for
what is called the average weekday trips

1038
02:40:08,479 --> 02:40:17,040
per unit. Um, without boring you with
all of that detail, the points I wanted

1039
02:40:12,800 --> 02:40:20,399
to make is I would ask you to prop maybe
agendaize this in the future to look at

1040
02:40:18,880 --> 02:40:25,200
this. I don't think the assessments are
proper and the reasons being CALR

1041
02:40:23,280 --> 02:40:29,040
benefits more than any property in the
assessment district based upon

1042
02:40:26,640 --> 02:40:33,200
equivalent area protection of property
and the fact their parcel trip

1043
02:40:30,640 --> 02:40:38,560
generation factors are in excess of
1,500 times higher than the single

1044
02:40:35,840 --> 02:40:43,280
family home assessment per table C1 of
the document. They receive far more

1045
02:40:41,439 --> 02:40:47,439
benefit than anyone and pay nothing
towards it.

1046
02:40:45,200 --> 02:40:52,640
The city benefits from PCH for use of
city employees, contractors, etc. City

1047
02:40:50,399 --> 02:40:57,680
benefits benefits from tax revenues,
other things. Um, long story short,

1048
02:40:55,760 --> 02:41:01,920
there's a large group of us us beach
owners that don't necessarily feel we

1049
02:40:59,600 --> 02:41:06,800
benefit the same because the drainage is
at the PCH level, not below. We don't

1050
02:41:04,319 --> 02:41:11,840
contribute to the groundwater. But what
we're really after because we think the

1051
02:41:08,560 --> 02:41:15,680
methodology is wrong is we want because
of the situation on the roadway to get

1052
02:41:14,000 --> 02:41:20,800
better access to the roadway for
rebuilding including no fees for

1053
02:41:18,319 --> 02:41:26,240
encroachment access to the roadway and K
rails if necessary. So thank you.

1054
02:41:23,680 --> 02:41:29,280
» Thank you Jean. Okay. Next is Joe
Drummond. Joe I see you have four

1055
02:41:27,760 --> 02:41:36,920
minutes and I see that your extra minute
is here. Uh, Linda Eddie and then Clydy

1056
02:41:33,920 --> 02:41:36,920
Lane,

1057
02:41:37,120 --> 02:41:42,720
you have four minutes.
>> Honorable Mayor Silverstein, city

1058
02:41:40,960 --> 02:41:47,200
council, I want to speak about the
geotechnical review you heard today with

1059
02:41:44,560 --> 02:41:52,800
about Y from Yan Associates about the
big rock landslide. These reports are

1060
02:41:49,120 --> 02:41:56,479
presented to you every year and reviewed
after review by the public and public

1061
02:41:54,800 --> 02:41:59,600
works commission and they consistently
show the same result. There has been no

1062
02:41:58,160 --> 02:42:03,760
meaningful change in the landslide
conditions affecting our lots. As Yay

1063
02:42:02,319 --> 02:42:08,640
stated, there has been no discernable
movement in over a decade. Our factor of

1064
02:42:06,000 --> 02:42:13,439
safety numbers coming out from the 30 to
50 extremely expensive and detailed so

1065
02:42:11,920 --> 02:42:19,600
reports that have been completed so far
in Big Rock are all coming out between

1066
02:42:15,359 --> 02:42:24,240
1.95 and 2.1 well over the 1.5 limit for
our lots. We are also all rebuilding

1067
02:42:21,760 --> 02:42:27,600
using low water fix lowflow fixture
counts. So water import will be much

1068
02:42:25,920 --> 02:42:31,040
lower than before. thus reducing the
risk further. If conditions have not

1069
02:42:29,680 --> 02:42:35,600
changed, why require additional
geotechnical studies to rebuild homes

1070
02:42:32,800 --> 02:42:39,040
that stood safely for decades? Wildfire
does not suddenly destabilize a

1071
02:42:37,280 --> 02:42:42,640
deep-seated landslide. The controlling
factors are groundwater and soil

1072
02:42:40,560 --> 02:42:46,399
strength. And as Yay stated, our area is
affected mainly by groundwater levels.

1073
02:42:44,640 --> 02:42:50,560
In Big Rock, the hillside has remained
stable because of the well-maintained

1074
02:42:48,399 --> 02:42:54,720
dewatering system that residents and
public works have monitored for decades.

1075
02:42:52,800 --> 02:42:59,040
Our homes that burned down were not
speculative projects on unknown terrain.

1076
02:42:57,359 --> 02:43:03,040
They were functioning homes on lots that
have already proven stable. I do hope

1077
02:43:01,280 --> 02:43:06,880
that the fire victims of Big Rocks are
not paying for that presentation through

1078
02:43:04,640 --> 02:43:10,560
our assessment district and asked to
fund yet another report confirming what

1079
02:43:08,800 --> 02:43:14,000
decades of monitoring have already
shown, unless of course it helps us

1080
02:43:12,240 --> 02:43:17,760
finally streamline DI techchnical
review. If homeowners are already

1081
02:43:16,000 --> 02:43:20,880
required to recompact and grade to
improve stability and build stronger

1082
02:43:19,280 --> 02:43:24,319
foundations, upgrading to current
building codes, why on earth are we

1083
02:43:22,720 --> 02:43:27,280
required another round of geotechnical
studies on lots that have already

1084
02:43:25,600 --> 02:43:30,720
demonstrated and reported decades of
stability? You heard it clearly tonight

1085
02:43:29,200 --> 02:43:34,479
that when a landslide area has been
stabilized through drainage, rebuilding

1086
02:43:32,399 --> 02:43:38,319
homes that stood safely for 20, 30, even
50 years pose no additional risk

1087
02:43:36,160 --> 02:43:42,880
rebuilding. Meanwhile, major projects in
Malibu, including 100 foot piles in

1088
02:43:40,479 --> 02:43:48,640
landslide zones without variances and
the infamous 50 foot 5- foot retaining

1089
02:43:45,520 --> 02:43:51,920
wall behind the Malibu in hotel proposed
received approvals without the same

1090
02:43:50,080 --> 02:43:56,640
level of geotechnical scrutiny. Thank
goodness, a past city council stopped

1091
02:43:54,080 --> 02:44:00,240
the hotel project. But when modest fire
rebuilds face more hurdles than major

1092
02:43:58,640 --> 02:44:04,080
new development, something is clearly
wrong. These requirements also create

1093
02:44:02,319 --> 02:44:07,680
major delays. A soils report with
redundant borings alone takes at least

1094
02:44:06,240 --> 02:44:11,200
four months with several more for
review. Wave upbrush studies for beach

1095
02:44:09,680 --> 02:44:14,960
homes can take over a year, even when
rebuilds must already meet FEMA plus 1

1096
02:44:13,359 --> 02:44:18,479
ft of elevation, which is often
excessive already. Almost all of

1097
02:44:16,800 --> 02:44:22,160
Palisad's fire applications are like
for-like rebuilds within the 10%

1098
02:44:20,160 --> 02:44:25,920
allowance, not speculative development.
We should also be transparent about the

1099
02:44:23,920 --> 02:44:32,240
rebuild statistics. There are now over
233 applications submitted and 37

1100
02:44:29,439 --> 02:44:36,560
permits issued. This is barely over 15%,
not the 45 or 75% presented at the

1101
02:44:34,720 --> 02:44:40,479
planning commission last week. I do
appreciate you, Linda, giving straight

1102
02:44:38,560 --> 02:44:44,240
statistics tonight. Big Rock is at about
80 of these applications submitted also.

1103
02:44:42,479 --> 02:44:47,840
So, only about half have decided to
rebuild. Being honest about where we

1104
02:44:46,319 --> 02:44:50,560
stand is the first step toward fixing
the problem. These redundant

1105
02:44:49,120 --> 02:44:54,319
requirements do not make our homes
safer. They only slow recovery. Even if

1106
02:44:52,880 --> 02:44:57,760
we approve all the applications in
building plancheck today, we will only

1107
02:44:55,840 --> 02:45:01,279
be at 81 permits issued, not the 100
permit goal we had at the end of last

1108
02:44:59,680 --> 02:45:05,439
year. But hopefully you can help us get
to this number faster. Please streamline

1109
02:45:03,680 --> 02:45:08,640
this process so all families in Big Rock
and beyond can rebuild and come home.

1110
02:45:07,439 --> 02:45:13,040
That can start with the council
directing staff to take these issues

1111
02:45:10,640 --> 02:45:16,399
into can into account at tomorrow's
prescriptive geotechnical calculations

1112
02:45:14,880 --> 02:45:19,840
meeting and approach it with an open
mind towards allowing prescriptive

1113
02:45:18,319 --> 02:45:24,560
rebuilding for lake forlike fire
rebuilds up to 10% without unnecessary

1114
02:45:22,560 --> 02:45:28,560
additional soils reports unless required
by a soils structural engineer. We don't

1115
02:45:26,800 --> 02:45:31,840
want another avenue for geotechnical
consultants to demand more and more

1116
02:45:30,080 --> 02:45:35,840
reports that fire victims pay
exorbitantly for. If homes stood safely

1117
02:45:34,000 --> 02:45:39,840
on these lots for decades, the default
should be rebuilding, not another round

1118
02:45:37,520 --> 02:45:46,800
of studies. Thank you.
>> Thank you, Joe. Linda,

1119
02:45:43,840 --> 02:45:51,000
» is Linda here?
>> Okay. Um, Clay,

1120
02:45:52,880 --> 02:46:01,920
» pronounce your name right?
>> Yes. Amazing Grace Clay Lane. Uh, good

1121
02:45:58,880 --> 02:46:07,040
evening Malibu City Council City
Manager. So, I am also um wanting to

1122
02:46:05,200 --> 02:46:11,680
speak out about what Susan spoke out
about. I live on Rainsford Place. So,

1123
02:46:09,520 --> 02:46:17,680
with regards to the 5G cell tower
network and the increase of that setup

1124
02:46:15,439 --> 02:46:21,920
that's already there,
um, my major concern is about

1125
02:46:19,279 --> 02:46:26,240
environmental impacts. This part of
Malibu

1126
02:46:23,439 --> 02:46:30,960
supports a wealth of nature, bees,
birds, and many other pollinators who

1127
02:46:28,640 --> 02:46:38,399
are already under extreme pressure from
drought, habitat loss, climate stress.

1128
02:46:35,279 --> 02:46:43,840
And when this multiple wireless site,
when it overlaps in a small area, the

1129
02:46:41,840 --> 02:46:49,200
cumulative environmental footprint
should definitely be reviewed.

1130
02:46:46,720 --> 02:46:55,279
Pollinators are sensitive to changes in
their immediate surroundings, including

1131
02:46:52,479 --> 02:47:00,880
what's being proposed, new equipment,
more noise, infrastructure placed close

1132
02:46:57,760 --> 02:47:05,760
to their habitat. So please before
approving these upgrades, the city

1133
02:47:03,439 --> 02:47:10,399
should verify what equipment is actually
going to be on the pole and whether the

1134
02:47:08,160 --> 02:47:16,399
cumulative impact of these overlapping
sites connecting all these these towers

1135
02:47:13,600 --> 02:47:20,720
has actually been properly evaluated.
This is especially important in these

1136
02:47:19,040 --> 02:47:25,760
neighborhoods, these areas where there
are gardens, vegetable gardens, fruit

1137
02:47:23,359 --> 02:47:31,600
orchards, and small agricultural
properties and small farms where these

1138
02:47:28,319 --> 02:47:37,439
pollinators play a critical role. So,
this is not just verbiage. We've lived

1139
02:47:34,160 --> 02:47:42,319
on our property for 30 years and before
my daughter was born, there were bees.

1140
02:47:39,680 --> 02:47:47,840
We had honey at the end of every summer
and we've seen this slow decline. So

1141
02:47:45,680 --> 02:47:52,160
these are very real factors for people
who live in this neighborhood and kind

1142
02:47:49,760 --> 02:47:56,160
of have a small farm simple living
highing mentality.

1143
02:47:54,640 --> 02:48:01,760
Um,
another thing I would like to refer to

1144
02:47:58,479 --> 02:48:08,640
is the notification process. So, Malibu
being designated as a very high fire

1145
02:48:04,960 --> 02:48:12,560
hazard severity zone and um this means
that timely public notice is actually

1146
02:48:10,800 --> 02:48:17,840
essential for any meaningful
participation from any of the residents.

1147
02:48:15,279 --> 02:48:23,680
In this particular case, residents
received only a little pink postcard,

1148
02:48:20,479 --> 02:48:27,680
not the actual plans. And even when
people immediately requested the plans,

1149
02:48:25,520 --> 02:48:32,960
they didn't even receive them in time to
review the proposal or submit relevant,

1150
02:48:31,040 --> 02:48:37,760
you know, informed comments before the
deadline. So, there's a little bit of a

1151
02:48:35,520 --> 02:48:43,520
glitch in the system there. In one case,
a resident even received the postcard 2

1152
02:48:40,000 --> 02:48:47,760
days before the comment period closed.
Um, another question I have, I mean,

1153
02:48:45,840 --> 02:48:54,080
there's some confusion around the actual
appeal process. If somebody wants to

1154
02:48:50,080 --> 02:48:57,359
appeal an approval, the fee is $750,
which, you know, having spoken with

1155
02:48:55,680 --> 02:49:03,680
various residents, some people can't
afford that at such short notice, but

1156
02:49:00,800 --> 02:49:08,680
we're trying to clarify. Is that 750 per
person per appeal?

1157
02:49:05,520 --> 02:49:08,680
» Thank you.

1158
02:49:14,160 --> 02:49:20,720
» Tiffany, you're up next. I can see
you've got you've got five minutes. I

1159
02:49:17,680 --> 02:49:25,880
can see your two vouchers are here. Um,
then CC Lee followed by Brian Cameron.

1160
02:49:29,920 --> 02:49:35,680
» It still says three.
>> No, it says three. You have five.

1161
02:49:33,040 --> 02:49:39,680
» Oh, thank you. Thank you.
>> Maybe you can say what you wanted to say

1162
02:49:37,200 --> 02:49:44,319
before when you submitted the late card.
>> I don't think I'll be able to fit that,

1163
02:49:41,359 --> 02:49:49,520
but thank you. Good evening, council
members, mayor, mayor prom.

1164
02:49:47,200 --> 02:49:53,680
I'd also like to welcome our new city
manager.

1165
02:49:51,279 --> 02:49:57,520
Malibu is a rare and remarkable place,
and your leadership in helping protect

1166
02:49:55,520 --> 02:50:01,600
it will matter greatly to this
community. Your guidance will shape how

1167
02:49:59,920 --> 02:50:05,120
residents, wildlife, and the landscape
of this community are cared for for

1168
02:50:03,279 --> 02:50:08,319
decades to come.
I'm speaking tonight because many

1169
02:50:06,800 --> 02:50:13,120
residents feel that something important
is accelerating a Malibu quietly and

1170
02:50:10,960 --> 02:50:17,439
quickly and we're not sure the public or
even council members have been given the

1171
02:50:14,720 --> 02:50:22,479
full picture yet. And the truth is this
isn't really a technology question. It's

1172
02:50:19,920 --> 02:50:28,160
a stewardship question. Right now,
telecommunications installations are

1173
02:50:24,399 --> 02:50:34,000
being presented one 5G pole at a time on
very short timelines as if each exist in

1174
02:50:30,800 --> 02:50:38,319
isolation. But these small tow small
cell towers are designed to work

1175
02:50:35,680 --> 02:50:42,880
together as a network handing signals
from one node to the next. This is not

1176
02:50:40,720 --> 02:50:48,399
about a single pole. The biggest
physical change with 5G is network

1177
02:50:45,760 --> 02:50:53,439
density not higher power because the
system relies on many nodes working

1178
02:50:50,319 --> 02:50:58,640
together. That means more antennas, more
electrical boxes, more power supplies

1179
02:50:55,920 --> 02:51:03,040
and more polemounted hardware. Each
installation may seem small, but

1180
02:51:00,399 --> 02:51:07,600
cumulatively the network spreads across
entire neighborhoods. Yet, the public is

1181
02:51:05,439 --> 02:51:12,720
being asked to evaluate them one piece
at a time without being shown the full

1182
02:51:10,080 --> 02:51:17,439
scope. That prevents residents from
understanding the cumulative effect on

1183
02:51:14,560 --> 02:51:21,359
safety, aesthetics, and the ecosystem.
And the record shows this is not

1184
02:51:19,120 --> 02:51:26,000
hypothetical. When residents have called
to report dangling wires or maintenance

1185
02:51:23,520 --> 02:51:30,240
issues on existing poles, most often
nothing happens.

1186
02:51:27,920 --> 02:51:34,960
Typically, no one knows which company is
responsible, so the request is left

1187
02:51:32,160 --> 02:51:38,800
unresolved. In fireprone areas like
ours, these are not minor concerns.

1188
02:51:37,200 --> 02:51:44,000
Overloading poles with additional
equipment increases risk. Every

1189
02:51:41,200 --> 02:51:48,560
electrical system eventually fails.
Prevention is not optional, its

1190
02:51:45,760 --> 02:51:52,240
survival. Malibu was incorporated to
protect something fragile. the rural

1191
02:51:50,720 --> 02:51:56,160
character of this coastline, the
wildlife corridors of the Santa Monica

1192
02:51:54,080 --> 02:52:00,640
Mountains, the dark skies and the living
landscape that connects the mountains to

1193
02:51:57,840 --> 02:52:04,960
the Pacific Ocean. Residents look to
this council not just to manage growth,

1194
02:52:02,960 --> 02:52:10,000
but to guard the character and safety of
this place. Places like Malibu are

1195
02:52:07,840 --> 02:52:16,080
rarely lost all at once. They change
slowly, decision by decision, permit by

1196
02:52:12,960 --> 02:52:21,359
permit, pole by pole, until suddenly the
landscape is totally different. We may

1197
02:52:19,040 --> 02:52:25,520
be temporary residents here, but Malibu
should be a permanent one. The wildlife

1198
02:52:23,680 --> 02:52:32,880
moving through these hills at night has
no idea these meetings even exist. Last

1199
02:52:29,120 --> 02:52:38,240
night, I stepped outside my home. The
sky was full of stars. The ocean was

1200
02:52:35,840 --> 02:52:43,040
breathing in the distance and a bobcat
crossed the road. [clears throat] That

1201
02:52:40,399 --> 02:52:48,399
is Malibu. Not infrastructure, not
convenience, not progress measured in

1202
02:52:45,840 --> 02:52:52,080
metal boxes on poles. This is what
residents are here to protect. So what

1203
02:52:50,960 --> 02:52:56,160
we are asking tonight is
straightforward. Before this network

1204
02:52:53,920 --> 02:53:00,880
expands further into our neighborhoods,
the city should provide a transparent

1205
02:52:58,319 --> 02:53:05,279
cumulative overview of what is being
proposed for Malibu. Not one poll at a

1206
02:53:02,960 --> 02:53:10,080
time, but the complete picture. We are
asking for full RF specifications and

1207
02:53:08,160 --> 02:53:15,120
exposure analysis for every proposed
site. a cumulative analysis that

1208
02:53:12,640 --> 02:53:20,000
includes already approved installations
like the rains for a tower, public

1209
02:53:17,760 --> 02:53:24,720
access to the this information so
residents can make informed comments

1210
02:53:23,040 --> 02:53:29,279
because Malibu doesn't get a second
chance with infrastructure mistakes. And

1211
02:53:27,439 --> 02:53:33,200
the question isn't whether technology
will come to Malibu. The question is

1212
02:53:31,359 --> 02:53:38,800
whether Malibu will still look like
Malibu when it does. Malibu is not

1213
02:53:36,080 --> 02:53:43,520
valuable because it's developed.
Malibu is valuable because it's still

1214
02:53:40,720 --> 02:53:48,319
wild. Some things can be restored, but
Malibu's wild character can only be

1215
02:53:46,000 --> 02:53:51,319
protected, and it deserves to be
protected.

1216
02:53:52,720 --> 02:54:00,000
This is not just about one pole. This is
about how our city manages growth,

1217
02:53:56,800 --> 02:54:05,200
technology, and the landscape for the
next generation. Every decision sends a

1218
02:54:03,200 --> 02:54:10,240
message to residents, wildlife, and the
natural systems that sustain Malibu.

1219
02:54:07,840 --> 02:54:14,359
Thank you.
>> Thank you, Tiffany. Uh,

1220
02:54:14,479 --> 02:54:19,800
» just use your hands.
>> CeCe,

1221
02:54:24,720 --> 02:54:35,520
the tree was my home.
Like it was yours.

1222
02:54:32,160 --> 02:54:43,439
The tree was my home.
Deeper my roots

1223
02:54:38,880 --> 02:54:49,680
lost like never before. The tree is a
connectivity to the wifi of the planet.

1224
02:54:47,279 --> 02:54:55,920
We don't need 5G. We don't need more
stalkers. Okay, let's limit that. You

1225
02:54:52,880 --> 02:55:00,479
guys are empowered to say no to these
people coming in. Okay, Tim, we don't

1226
02:54:58,720 --> 02:55:04,560
want that sign up of our houses. That's
stalking and invasive. It needs to be a

1227
02:55:02,800 --> 02:55:08,240
sign of the wildlife in the area. So
that sign needs to completely come down.

1228
02:55:06,640 --> 02:55:12,319
I don't know who's spray painting. It's
not me. I don't believe in spraying

1229
02:55:09,600 --> 02:55:18,319
those toxic chemicals.
Lato is the best road for a parking lot.

1230
02:55:16,080 --> 02:55:22,080
There's two for sale. There's $99
million in the bank that belong to the

1231
02:55:20,000 --> 02:55:27,520
city of Malibu and the people. Thank
you, Judy from Villa Blanca calling it

1232
02:55:24,800 --> 02:55:31,520
Park. Yes, that is what it's called. We
have made progress. We have made great

1233
02:55:29,200 --> 02:55:36,479
decisions and we're moving forward. I'm
here to speak about many different

1234
02:55:33,200 --> 02:55:40,720
topics. There were 32 trees cut down in
what used to be a park for Malibu at the

1235
02:55:38,800 --> 02:55:46,800
campus at Malibu Middle School, Malibu
High School. That's not right.

1236
02:55:44,399 --> 02:55:51,040
The structure of a palm tree, if you
look at a map of the roots, it's like a

1237
02:55:49,439 --> 02:55:55,439
nail into the ground. We're talking
about landslides, but we're not building

1238
02:55:52,720 --> 02:56:00,080
any trees. The trees can do a much
better job than any structural pylon you

1239
02:55:58,000 --> 02:56:05,600
could create. But yet, I'm looking at a
full campus. 32 trees completely

1240
02:56:03,040 --> 02:56:10,720
disappeared from these kids' future and
existence. The only thing that we all

1241
02:56:08,080 --> 02:56:15,120
own together is what we breathe. So if
we can work on a campaign of building

1242
02:56:12,479 --> 02:56:19,200
more trees and again that parking lot at
Lato, maybe we can help the people cross

1243
02:56:17,279 --> 02:56:24,080
the street better as well cuz that turn
is the most actually dangerous turn in

1244
02:56:21,600 --> 02:56:27,840
Malibu. The wildlife passage and the
wildlife bridge. And I would like to let

1245
02:56:26,080 --> 02:56:33,920
you know that the least qualified
individual, his name is Eric, is running

1246
02:56:30,560 --> 02:56:39,439
the Olympics and the money for it. Okay?
If I've ever seen a qualified job given

1247
02:56:36,880 --> 02:56:44,399
to a my like it just is like the least
qualified and I think maybe we need to

1248
02:56:42,560 --> 02:56:49,040
look into that and put into an
infrastructure of creating again the

1249
02:56:46,720 --> 02:56:54,479
London hub. Each of these pods cost
$9,000 with the elevated execution of

1250
02:56:52,399 --> 02:56:59,680
people who want to take a cut. it then
costs $48,000.

1251
02:56:56,640 --> 02:57:04,399
We can create a system with the city and
if we kind of like point out that we are

1252
02:57:02,560 --> 02:57:08,319
an integral part of the Olympics because
they will be visiting us and we will

1253
02:57:06,720 --> 02:57:13,439
have non-stop traffic and that's when my
horse will be the most valuable.

1254
02:57:09,840 --> 02:57:19,640
Anyways, yehaw. Thank you so much.
>> Thank you Cece

1255
02:57:15,520 --> 02:57:19,640
Crystal Brian.

1256
02:57:26,720 --> 02:57:34,080
Mayor Silverstein,
uh, Mayor Proing, and city council

1257
02:57:31,200 --> 02:57:38,160
members. Uh, good evening. My name is
Brian Cameron, and I'm a Calabasas's

1258
02:57:36,319 --> 02:57:42,720
resident. I've had the privilege of
serving as a Calabas's public safety

1259
02:57:40,160 --> 02:57:48,080
commissioner for the past 10 years. In
the aftermath of the Woolsey fire, the

1260
02:57:45,120 --> 02:57:54,080
city council asked me to help create an
independent nonprofit focused on

1261
02:57:51,120 --> 02:58:01,040
emergency preparedness, outreach, and
education. In 2021, I co-founded

1262
02:57:58,240 --> 02:58:06,240
emergency preparation
in Calabasas, a fires safe council.

1263
02:58:03,680 --> 02:58:11,200
We're a 501c3 organization, and I
currently serve as president.

1264
02:58:09,040 --> 02:58:15,279
We are a volunteer-run community
outreach organization and we were

1265
02:58:13,520 --> 02:58:20,880
honored to be named Calabas's
organization of the year in 2024.

1266
02:58:18,319 --> 02:58:26,160
Our mission is simple. Help residents
better prepare for emergencies before

1267
02:58:23,359 --> 02:58:31,439
they happen. To that end, we're
currently executing several initiatives,

1268
02:58:28,800 --> 02:58:36,000
some in partnership with the city. These
include free home hardening evaluations

1269
02:58:33,600 --> 02:58:40,800
to reduce wildfire risk, helping
neighborhoods qualify as firewise

1270
02:58:38,479 --> 02:58:46,240
community, and distributing emergency
radios pre-programmed to the Calabasas's

1271
02:58:43,920 --> 02:58:51,120
repeater so residents can receive
critical information when all other

1272
02:58:48,160 --> 02:58:56,319
systems fail. We also publish weekly
safety articles that reach more than

1273
02:58:53,200 --> 02:59:02,560
2600 local residents.
All these efforts share one goal. Making

1274
02:58:59,200 --> 02:59:08,560
emergency information easier to access,
easier to understand, and easier to act

1275
02:59:05,359 --> 02:59:14,560
on. By improving how quickly and
reliably residents receive trusted local

1276
02:59:11,680 --> 02:59:20,160
information, EPIC directly supports the
city's broader resilience goals of

1277
02:59:17,600 --> 02:59:24,399
preparedness, communication, and
community safety. That's why I'm here

1278
02:59:22,640 --> 02:59:30,319
this evening to introduce what we
believe is one of our most impactful

1279
02:59:26,160 --> 02:59:37,520
initiatives to date. Our free smarthome
smartphone app. The app tr the app

1280
02:59:34,720 --> 02:59:42,800
stores trusted locally relevant
emergency preparedness and response

1281
02:59:40,080 --> 02:59:48,479
information on residents smartphones so
it is available right when they need it

1282
02:59:44,880 --> 02:59:52,960
most. Rather than describing it myself,
I'd like you to hear directly from the

1283
02:59:50,160 --> 02:59:57,600
person who designed and built it. With
that, I'm pleased to turn the PO podium

1284
02:59:55,279 --> 03:00:04,520
over to Michael Stall, the creator of
the emergency preparedness and Calabasas

1285
03:00:00,000 --> 03:00:04,520
app. Thank you for your time.

1286
03:00:08,160 --> 03:00:13,840
» Good evening.
>> My name is Michael Stall. I am a

1287
03:00:11,520 --> 03:00:18,160
Calabasas resident. Feel a little out of
touch here, but that's okay. Um,

1288
03:00:16,000 --> 03:00:21,520
» hold on. We didn't call you yet.
>> Oh, [laughter]

1289
03:00:20,240 --> 03:00:25,040
» did I announce that you were next?
Because you actually are, but

1290
03:00:23,520 --> 03:00:27,279
» Okay. Do I get to restart the shot
clock?

1291
03:00:25,439 --> 03:00:30,960
» Well, let's let's identify who the next
few speakers are going to be. So, hold

1292
03:00:29,279 --> 03:00:36,720
on.
Mike Stall, followed by Scott Ditrich,

1293
03:00:33,760 --> 03:00:41,439
followed by Molen Watts. Now, you may
start.

1294
03:00:37,359 --> 03:00:45,920
» Okay. So, uh, I developed this app at
the request of this is a nonprofit. We

1295
03:00:43,680 --> 03:00:50,240
don't get any money for it. What we did
is we got some funding from the city of

1296
03:00:47,920 --> 03:00:55,680
Calabasas along with from Lindseay
Horvass office. We created this app

1297
03:00:52,880 --> 03:01:01,920
about 2 and 1/2 years ago. We've gotten
about a 25%

1298
03:00:57,920 --> 03:01:08,479
people downloading this app. The app is
um we can white label the app. About a

1299
03:01:04,880 --> 03:01:13,520
month ago, Malibu West Hoa has created
their own version. They take our version

1300
03:01:10,479 --> 03:01:18,880
and put their their branding and any
other editing they want to do. The goal

1301
03:01:15,920 --> 03:01:24,479
was really simple is how do we get the
best information in the hands of people

1302
03:01:21,920 --> 03:01:31,040
when there are no more communications.
So how do we take all of this excellent

1303
03:01:27,439 --> 03:01:36,160
information from FEMA, from the state of
California, from the cities? How do we

1304
03:01:33,439 --> 03:01:40,720
get this? I if I ask you where these are
right now in your homes or anybody here

1305
03:01:38,319 --> 03:01:45,760
you go I think it's in the top drawer
someplace

1306
03:01:42,560 --> 03:01:50,640
and if you do you have copies in your in
your car and in your workplace how many

1307
03:01:49,200 --> 03:01:55,920
people here can put their hand on their
phone right now.

1308
03:01:53,040 --> 03:02:00,960
So what we did is we took every bit of
information that I could gather from all

1309
03:01:58,000 --> 03:02:06,720
of these vetted sources and put it on an
app. Now, you might be asking, well, if

1310
03:02:04,800 --> 03:02:11,840
there's a loss of power and we don't
have internet, how's that going to help?

1311
03:02:09,359 --> 03:02:17,680
The way I program this is that it will
always be on no matter if you have any

1312
03:02:15,359 --> 03:02:22,560
connectivity. The topics on there go
from the very rudimentary like how to

1313
03:02:20,399 --> 03:02:28,240
open a garage door when you don't have
electricity, how to harvest water out of

1314
03:02:25,200 --> 03:02:35,520
a hot water heater, how to turn off the
gas. So with that we have

1315
03:02:32,800 --> 03:02:40,640
gotten a lot of feedback on people that
maybe are not so sophisticated on what

1316
03:02:37,439 --> 03:02:45,279
to do. Everything is by step by step.
The the white label program that we

1317
03:02:43,120 --> 03:02:49,520
would like to see you or offer to you
would allow you to take all the

1318
03:02:47,760 --> 03:02:53,600
information that we give you. You can
edit it as much as you want. You can add

1319
03:02:51,680 --> 03:02:57,920
to it you want. You can brand it. You
can skin it. You can do anything you

1320
03:02:55,359 --> 03:03:03,359
want to with it. And it gives you the
ability to reach out. You can also push

1321
03:03:00,240 --> 03:03:07,520
information out. We when we are we are a
member at the EOC, we have a seat there.

1322
03:03:05,760 --> 03:03:14,000
We push out information that we get from
either the PIO or from the EOC. So as

1323
03:03:11,120 --> 03:03:19,800
long as there is that connectivity, we
can push out information to that. Um,

1324
03:03:21,040 --> 03:03:28,800
the other thing that is really kind of a
unique thing is we have a built-in

1325
03:03:25,200 --> 03:03:33,840
checklist for home, family, pet, and
it's dynamic, meaning you can keep track

1326
03:03:31,520 --> 03:03:37,120
of what you need and it also keeps track
of what you can do in the future. Thank

1327
03:03:35,920 --> 03:03:40,720
you for your time. We look for the
opportunity to maybe present this to you

1328
03:03:38,640 --> 03:03:45,720
in a committee meeting. Thank you.
>> Thank you, Mike. Scott, you're up.

1329
03:03:50,080 --> 03:03:59,279
Thank you. Uh, good evening again.
You got to ask yourself, why do you live

1330
03:03:56,960 --> 03:04:07,439
here?
Malibu is a uniquely special place.

1331
03:04:04,399 --> 03:04:14,080
But there's a lot of pressure from, as
I've said before, from outside agencies,

1332
03:04:11,120 --> 03:04:18,399
things that seemingly are beyond our
control.

1333
03:04:16,080 --> 03:04:27,279
And one of the things that is really
most annoying and has just seemingly

1334
03:04:22,000 --> 03:04:36,720
blossomed out of control is noise.
Halen started this and we've been just

1335
03:04:31,920 --> 03:04:45,040
asking ourselves, why do we allow these
gigantic packs of motorcycles?

1336
03:04:40,640 --> 03:04:49,600
Even one Harley with its baffles blown
out

1337
03:04:46,640 --> 03:05:00,319
can make so darn much of a racket on
PCH. You get the cars racing and there's

1338
03:04:54,000 --> 03:05:06,560
a nexus between noise and street racing.
We're all trying to make PCH safer,

1339
03:05:02,960 --> 03:05:13,920
right? So,
if the guys revving up their engines

1340
03:05:10,720 --> 03:05:20,319
and speed are connected, we have a
safety issue and we can fix it. Now,

1341
03:05:17,680 --> 03:05:25,279
thank you to Doug because one of we were
hoping technology would be a way out of

1342
03:05:22,800 --> 03:05:32,640
this that like a speed camera, you could
have a noise camera, but apparently that

1343
03:05:29,279 --> 03:05:41,040
technology failed.
But there's things we can do now. The

1344
03:05:36,880 --> 03:05:47,439
Cog cities face the same issue. I was
with a friend in Calabasas today and

1345
03:05:44,720 --> 03:05:53,279
yep, they've got the same racing down
Stunt Road, racing on Mullhalland

1346
03:05:50,560 --> 03:05:58,640
and [clears throat] we need to stop this
if we're going to maintain the integrity

1347
03:05:56,000 --> 03:06:07,600
of our city. Lagona Beach does it. They
do a great job. So, I'd urge our council

1348
03:06:03,520 --> 03:06:17,040
people who are on the cog to talk. we're
going to be interfacing with CHP

1349
03:06:12,880 --> 03:06:24,560
and so we can do something about it.
The other thing that's really annoying

1350
03:06:20,319 --> 03:06:29,120
is gasoline powered leaf blowers. I did
I wasn't sure if they were banned or

1351
03:06:26,399 --> 03:06:34,399
not. Maryanne when I reached out to her
said yes there banned in our city.

1352
03:06:31,760 --> 03:06:38,800
There's electric ones that I've seen
that, you know, you could be standing

1353
03:06:36,880 --> 03:06:47,120
five feet away and have a normal
conversation, but we're constrained by

1354
03:06:43,760 --> 03:06:52,160
uh staff and trying to enforce it. But
there's something we can do and I'm

1355
03:06:49,359 --> 03:06:58,279
going to run out of time, but I did mail
you how to do it. Thank you.

1356
03:06:54,880 --> 03:06:58,279
» Thank you, Scott.

1357
03:06:59,120 --> 03:07:05,680
» Uh good evening. I'm uh Molina Simple
Watts and I'm your local wershed

1358
03:07:03,600 --> 03:07:10,960
coordinator with the North Santa Monica
Bay wershed and I serve safe clean water

1359
03:07:08,640 --> 03:07:16,960
LA which all of you voted for back in
2018 with Major W. Um I want to thank

1360
03:07:14,319 --> 03:07:21,040
Mayor Silverstein and uh Mayor Prom
Urick and especially our brand new city

1361
03:07:18,800 --> 03:07:23,920
manager. We're very happy you're here um
for allowing us to be here and I

1362
03:07:22,479 --> 03:07:27,760
especially want to thank council member
Conrad who invited me to come and do

1363
03:07:25,600 --> 03:07:31,200
public comments for you guys. I am here
to share funding with the city of

1364
03:07:29,040 --> 03:07:35,120
Malibu. Essentially, there is funding
for a project of approximately I'm

1365
03:07:33,120 --> 03:07:39,840
excited. Okay. There's about$1 to5
million dollars to come to you guys to

1366
03:07:37,279 --> 03:07:45,439
do a water project in your community.
Um, essentially it's hard to get money

1367
03:07:43,520 --> 03:07:48,720
from Major W. Speaking without notes,
that's just the truth. But I have a

1368
03:07:47,120 --> 03:07:53,040
shortcut that I would like to offer you
to get the money in hand. There's this

1369
03:07:50,880 --> 03:07:57,439
program called the TRP, the technical
resources program. If your city staff

1370
03:07:55,520 --> 03:08:02,960
works with me, we can whip through that
grant. It's like five or six pages and

1371
03:07:59,680 --> 03:08:06,399
then you'll get $400,000 worth of a
civil engineer to help you design the

1372
03:08:04,640 --> 03:08:11,040
project of your dreams and actually make
this extremely difficult application for

1373
03:08:09,040 --> 03:08:14,880
you and then you'll get to that rosy
number of $1 to5 million. Now the

1374
03:08:13,200 --> 03:08:18,479
question is what do you want to do with
that money? Well, I have a vision.

1375
03:08:16,560 --> 03:08:21,920
There's obviously if you have a TMDL
implementation project, we would

1376
03:08:19,760 --> 03:08:25,680
prioritize that. But what I think you
really need, having been just gutted by

1377
03:08:23,600 --> 03:08:30,399
watching the Palisades fire blast
through all these communities I love,

1378
03:08:27,600 --> 03:08:36,160
what you really need is a really large
sistern at city hall. If you take water

1379
03:08:33,520 --> 03:08:40,720
off of your rooftops and gather that
into a sistern up on the upper parking

1380
03:08:38,240 --> 03:08:45,439
lot, you have so many buildings in this
in this little area that we're in right

1381
03:08:42,640 --> 03:08:49,920
now that you could get to 900,000
gallons of water a year just from

1382
03:08:47,840 --> 03:08:54,720
rainwater. So, you store that in your
big system. You connect it to your

1383
03:08:52,080 --> 03:08:59,120
buildings. You put in a little diesel um
pump, right? And then you put um

1384
03:08:56,960 --> 03:09:02,319
irrigation all around your building.
Then, when the fire comes blasting

1385
03:09:00,640 --> 03:09:07,040
through, you have the option of turning
on um sprinklers and saving your

1386
03:09:04,720 --> 03:09:10,880
buildings. Now, I know our beloved fire
department has done a fabulous job of

1387
03:09:08,800 --> 03:09:15,359
protecting the city in the past. They
probably always will, but it is an

1388
03:09:13,200 --> 03:09:18,479
awesome backup plan. How awesome is it?
Well, our beloved council member Conrad,

1389
03:09:17,200 --> 03:09:23,279
she and her husband have built something
just like this at their home. So, if you

1390
03:09:21,120 --> 03:09:27,760
guys think this is an interesting idea
and you would like a free technical

1391
03:09:25,200 --> 03:09:31,840
resources program application, ask me to
meet with city staff and I'll help you

1392
03:09:29,920 --> 03:09:36,399
set this up. Now, I will share with you
that city of Calabasas is already in the

1393
03:09:34,000 --> 03:09:41,279
process of making this application.
We're a small wershed, so we only have

1394
03:09:38,240 --> 03:09:45,200
$400,000 per TRP every other year. So,
I'm going to ask you and invite you to

1395
03:09:43,279 --> 03:09:50,240
take the city of Calabasa's kind offer
and do a half half application so we can

1396
03:09:48,080 --> 03:09:55,520
get both city halls covered at the same
time. That will reduce the work for the

1397
03:09:52,240 --> 03:10:00,560
application and it will really help us
um be proactive about serving our entire

1398
03:09:57,760 --> 03:10:03,359
larger Santa Monica Mountains uh entity.
That's it. Three minutes.

1399
03:10:02,800 --> 03:10:07,680
» Thank you.
>> Thank you so much everybody.

1400
03:10:04,640 --> 03:10:11,680
» Thank you.
>> All right. Next three speakers are

1401
03:10:09,040 --> 03:10:14,680
Darren Graves, Norm Haney, and then an
K.

1402
03:10:24,560 --> 03:10:31,359
» Uh, good evening, council, uh, honorable
mayor and new city manager. Um, thank

1403
03:10:29,840 --> 03:10:37,279
you for taking the time to hear my
comment. Uh, I am equally as excited by

1404
03:10:34,479 --> 03:10:42,160
her idea as, uh, she is, so I hope you
are, too. That sounds like a great

1405
03:10:38,640 --> 03:10:46,720
avenue to um beat Calabasas to the punch
on getting a sister installed somewhere.

1406
03:10:44,720 --> 03:10:51,920
Um I wanted to speak about the Big Rock
Mesa presentation. I thought that was

1407
03:10:48,560 --> 03:10:56,319
very timely and appreciated. Um my whole
life I'd been hearing about the Big Rock

1408
03:10:53,760 --> 03:11:00,319
Mesa landslide of 1983. I was born in
'84, so I didn't witness it, but I heard

1409
03:10:58,640 --> 03:11:04,880
from my grandmother and my mother about
how terrifying it was for my grandmother

1410
03:11:02,800 --> 03:11:09,520
as her house is in the toe of the Big
Rock Mesa on the south side of PCH. The

1411
03:11:07,680 --> 03:11:15,359
property directly adjacent to her
property was destroyed by the Big Rock

1412
03:11:12,000 --> 03:11:20,160
Mesa landslide. And for 30 years, she
lived in fear of a subsequent landslide

1413
03:11:17,439 --> 03:11:24,880
taking out her house. Um, presumably
many people on the beach still have that

1414
03:11:21,920 --> 03:11:29,359
fear. And so I wanted to ask uh if it
would be possible based on the

1415
03:11:27,040 --> 03:11:35,439
statements given tonight by Mr. Moors if
an ad alternate could be added to the um

1416
03:11:32,319 --> 03:11:40,720
sewer study to include Big Rock Mesa
properties. Um as he clearly said that

1417
03:11:38,080 --> 03:11:45,279
pumping effluent into the hill did
potentially

1418
03:11:42,319 --> 03:11:49,279
cause or make the groundwater supply
much uh more dense than it may have been

1419
03:11:47,439 --> 03:11:54,640
had there not been any septic systems
pumping effluent into the groundwater.

1420
03:11:51,520 --> 03:11:58,000
and continuing to do so could cause a
different landslide. I don't think we

1421
03:11:56,160 --> 03:12:02,479
want the problems of Portuguese Bend and
Palace Veries proliferating through

1422
03:12:00,240 --> 03:12:07,680
Malibu. Uh definitely not onto Pacific
Coast Highway. So please give that some

1423
03:12:04,640 --> 03:12:13,240
thought. Thank you.
>> Thank you

1424
03:12:09,359 --> 03:12:13,240
Nor. You're up.

1425
03:12:15,338 --> 03:12:23,200
[clears throat]
>> Good evening uh mayor, city council

1426
03:12:18,240 --> 03:12:30,479
members. I'm happy to uh to welcome uh
Joe Irwin

1427
03:12:25,120 --> 03:12:36,479
and city manager and we really need you
and look forward to working with you. Uh

1428
03:12:33,600 --> 03:12:42,800
with regard to Big Rock,
um I absolutely agree that we should

1429
03:12:39,040 --> 03:12:50,560
look into hooking them up to a sewer uh
that's coming in uh and uh going to the

1430
03:12:47,600 --> 03:12:56,000
Hyperion treatment plant. I think it's a
great idea

1431
03:12:52,560 --> 03:13:03,760
on that topic as well. Malibu has a
limitation on impermeable surfaces for

1432
03:13:00,160 --> 03:13:10,880
everyone. Okay. It should not apply to
big rock property. We're trying to keep

1433
03:13:06,479 --> 03:13:17,040
the rainwater out of the substructure,
out of the geology, and as much water as

1434
03:13:14,399 --> 03:13:22,080
we can gather through impermeable
surfaces

1435
03:13:18,960 --> 03:13:27,680
goes into drains and out to the ocean.
That's exactly what we should be doing.

1436
03:13:24,720 --> 03:13:34,479
So, I'm I'm strongly in support of
eliminating that restriction on the

1437
03:13:32,160 --> 03:13:39,760
square footage or percentage of your
property that can have impermeable

1438
03:13:36,960 --> 03:13:45,920
surfaces on it. So far, there are
limitations. There shouldn't be. Big

1439
03:13:42,399 --> 03:13:50,160
rock is a very different piece of ground
and we should look at it differently.

1440
03:13:47,760 --> 03:13:54,600
Thank you very much for your time.
>> Thank you, Nor. And you're up.

1441
03:13:59,439 --> 03:14:07,520
Hello, my name is an K. Uh, I have a
video. Uh, Parker, if you want to play

1442
03:14:04,160 --> 03:14:12,560
it. Um, first of all, before Oh, we
played it anyway.

1443
03:14:10,080 --> 03:14:18,640
» Oh, uh, pause it real quick. Thank you,
Parker. Um, I am a communications

1444
03:14:16,000 --> 03:14:24,399
executive per the California Secretary
of State and I like to be proactive and

1445
03:14:22,239 --> 03:14:27,840
this might seem very comical, but I'm
going to play this video because it

1446
03:14:25,760 --> 03:14:31,359
deals with roundabouts and it's coming
up on the city council agenda and I'd

1447
03:14:29,600 --> 03:14:35,560
love to stop this stuff before it gets
to the state. Please, Parker.

1448
03:14:40,720 --> 03:14:52,000
So long be anything.
Hello everyone. This is Anastasia

1449
03:14:46,399 --> 03:14:57,600
Comaras live around the world and we
found a roundabout. So you folk in

1450
03:14:54,960 --> 03:15:02,800
Malibu dealing with a roundabout. Well,
here's a live view of a roundabout with

1451
03:14:59,920 --> 03:15:08,880
a stop sign. And so let's see how this
works. Okay, so we come up to a stop

1452
03:15:04,880 --> 03:15:13,520
sign. Okay. So,
oh, there's an ice cream truck.

1453
03:15:11,920 --> 03:15:18,085
Look at that. What? You know what? It's
a It's a roundabout. So, what I just go

1454
03:15:16,000 --> 03:15:20,104
around and round.
[music]

1455
03:15:26,080 --> 03:15:34,319
It's a roundabout.
Why not? This is

1456
03:15:31,439 --> 03:15:39,040
I'm getting dizzy.
It's a stop sign. I keep going round and

1457
03:15:36,479 --> 03:15:44,880
Okay, I'm going to exit. Okay, so there
you go. It's a roundabout. I hope you

1458
03:15:41,840 --> 03:15:50,000
guys enjoyed that. Thank you, Parker.
That's just absolutely

1459
03:15:47,279 --> 03:15:55,520
uh Thank you. It goes a little longer,
but I just wanted to get ahead of it. Uh

1460
03:15:52,560 --> 03:16:00,239
because I also want to remind everyone
that I'm running for governor of

1461
03:15:57,200 --> 03:16:05,760
California, nonpartisan 2026. And
Parker, I think we have some more uh

1462
03:16:01,840 --> 03:16:11,920
slides to show. Uh, so one of the things
is no governor is qualified yet. It

1463
03:16:09,279 --> 03:16:15,920
doesn't happen until the 26th. So the
the 23rd is the earliest. Anything you

1464
03:16:14,319 --> 03:16:19,359
hear about people running for governor
doesn't happen until they meet these

1465
03:16:17,840 --> 03:16:23,439
qualifications,
which I have to too. So I can't stay at

1466
03:16:21,040 --> 03:16:28,000
this meeting. So I got to had to finish
it. Uh, next slide, please. There you

1467
03:16:26,000 --> 03:16:33,120
are, sir. I had to write them a big
blank check. There you go. And next one,

1468
03:16:30,800 --> 03:16:40,880
please. And there you see. Uh, I'm
listed as a communications

1469
03:16:35,760 --> 03:16:45,120
executive. So, the bees probably want to
live. So, they we need to communicate

1470
03:16:43,520 --> 03:16:50,880
the 911 signals and all the
communication needs to be done so we can

1471
03:16:46,560 --> 03:16:55,359
save all everything all the nature in
general. That's what communications

1472
03:16:53,120 --> 03:17:00,160
executives do. And Secretary of State
has certified me as a communications

1473
03:16:56,880 --> 03:17:05,840
executive for California governor. Thank
you very much.

1474
03:17:03,439 --> 03:17:10,520
Thank you, Ann. Carrie Clasby, you're
up. You're the last in person speaker.

1475
03:17:11,439 --> 03:17:19,040
» Best for the last. Thank you for having
me. My name is Carrie Clasby. I have the

1476
03:17:16,880 --> 03:17:23,840
Sterling Farms, the Malibu Fig Ranch up
there at Sterling Farms. Welcome, Joseph

1477
03:17:21,359 --> 03:17:29,600
Irvin. My condolences. No, I'm just
joking.

1478
03:17:25,600 --> 03:17:36,800
Um I'm speaking about the um cell phone
towers. So I just want to say

1479
03:17:32,880 --> 03:17:43,359
um three points. Number one uh the major
thing is that cell phone uh towers is

1480
03:17:40,800 --> 03:17:48,800
not that it's safe is not settled
science. And I think it's very important

1481
03:17:46,000 --> 03:17:52,319
as a community especially with the
amount of science that's coming out

1482
03:17:50,239 --> 03:17:57,200
about it for us to take a deeper look
with scientists who have been doing the

1483
03:17:54,239 --> 03:18:02,319
real studies on it. So the three
elements of this that are important is

1484
03:17:59,120 --> 03:18:07,760
one the health of the people that are
living near these cell towers. We're

1485
03:18:04,720 --> 03:18:13,439
going into 5G next to 6G.
How the vegetation is affected by it

1486
03:18:10,560 --> 03:18:20,800
which is a real thing and the bees as uh
Ann so aptly said. And the third thing

1487
03:18:16,560 --> 03:18:27,600
is that these strandmounted wireless
equipment are um they're threats to the

1488
03:18:25,279 --> 03:18:31,600
wildfire fire communities and they've
seen this in Australia, they've seen it

1489
03:18:29,279 --> 03:18:36,160
in Maui, they've seen it across the
world. So, it's a third thing that I I

1490
03:18:34,000 --> 03:18:43,359
would uh ask that we take a close look
at and um maybe we can appeal some of

1491
03:18:40,640 --> 03:18:48,560
these approvals while we wait for the
proper science and scientists to come

1492
03:18:45,439 --> 03:18:53,040
forward. Thank you very much.
>> Thank you, Carrie. We still have two

1493
03:18:50,560 --> 03:18:56,479
speakers on Zoom.
>> There are four raised hands on Zoom.

1494
03:18:55,040 --> 03:19:04,040
» They were all raised before the 10
seconds were elapsed.

1495
03:18:57,840 --> 03:19:04,040
» Yes. Okay, let's go. Jacob Loza.

1496
03:19:04,960 --> 03:19:13,920
» Glad I made it before the 10-second rule
came into play. Um, I want to talk about

1497
03:19:10,800 --> 03:19:19,520
Tranus Park. Um, obviously this issue is
not new. The Malibu Township Council

1498
03:19:17,279 --> 03:19:24,160
sued the city over Tranis Park back in
2009.

1499
03:19:21,359 --> 03:19:27,680
And um, you know, they're obviously
opposed to youth sports, especially

1500
03:19:25,840 --> 03:19:31,600
league play, and it's been tied up in
that dispute ever since. But I do want

1501
03:19:30,000 --> 03:19:39,040
to point out that the president of the
MTC in 2009 was Steve Yuring. Um that's

1502
03:19:36,960 --> 03:19:43,520
um Vice Mayor Steve Yuring. That's
council member Steve Yuring. Um he led

1503
03:19:41,439 --> 03:19:48,080
the charge on a lawsuit against the city
and that's what we're living with today.

1504
03:19:46,399 --> 03:19:52,720
It's a park that could serve a large
number of kids and families, but it

1505
03:19:50,080 --> 03:19:58,080
remains effectively padlocked when it
comes to league play.

1506
03:19:55,600 --> 03:20:03,920
Um, you know, those restrictions have
continued to be defended by the MTC and

1507
03:20:00,800 --> 03:20:10,479
supported by Steve and more recently
public works commissioner and MTC

1508
03:20:06,319 --> 03:20:14,560
stalwart Joe Drummond. So, and John Maza
the other night at uh at planning

1509
03:20:12,880 --> 03:20:19,520
commission. So, it's important that we
don't let this issue just end up in the

1510
03:20:16,560 --> 03:20:25,279
dust bin of the MTC's
um uh latigious behavior. I know that

1511
03:20:23,279 --> 03:20:29,200
council member Rigggins has been clear
that this issue deserves a fresh look

1512
03:20:27,279 --> 03:20:34,000
and that the status quo is not working
for families or kids. And Bruce, this

1513
03:20:32,160 --> 03:20:39,040
seems like a meat and potatoes issue for
you to get behind. Will you? You know,

1514
03:20:37,200 --> 03:20:43,279
we spend a lot of time talking about the
skate park, which we absolutely need.

1515
03:20:41,200 --> 03:20:48,319
I'm glad there's progress on that. Kid
need kids need places to go. What we

1516
03:20:45,760 --> 03:20:52,399
need is to address an existing park that
could be serving dozens

1517
03:20:50,640 --> 03:20:56,960
of teams, hundreds of kids, and
countless families right now if we took

1518
03:20:54,640 --> 03:21:07,359
a common sense approach. This isn't
about reopening old lawsuits. Um but we

1519
03:21:01,279 --> 03:21:13,600
should um have the fortitude to just
take a look back and see if it was the

1520
03:21:08,960 --> 03:21:18,000
right decision um for now. And so let's
just remember that Steve Yuring, John

1521
03:21:15,200 --> 03:21:22,479
Maza, Joe Drummond, and the MTC have the
power to fix the situation they created,

1522
03:21:20,080 --> 03:21:26,720
but they've chosen not to. And let's
remember this is the same group that

1523
03:21:24,000 --> 03:21:31,920
appealed the PCH safety project. Same
people, same pattern. They say they

1524
03:21:30,000 --> 03:21:35,439
protect Malibu, but in practice, they
protect their positions, their

1525
03:21:33,680 --> 03:21:40,560
influence, their past decisions, even
when the community doesn't clearly

1526
03:21:37,040 --> 03:21:46,319
agree. So Steve, maybe you can comment
tonight and commit to a new approach to

1527
03:21:42,640 --> 03:21:52,880
drinkus. Thanks.
>> Thank you. Next speaker is

1528
03:21:50,399 --> 03:21:56,359
Lonnie Gordon.
>> Good evening, Lonnie.

1529
03:22:00,239 --> 03:22:04,000
» Lonnie, you're unmuted.
>> Good evening. Can you hear me?

1530
03:22:02,640 --> 03:22:08,239
» We can hear you.
>> Okay. Well, my name is Lonnie Gordon and

1531
03:22:06,160 --> 03:22:12,000
I'm the executive director of Malibu
forsafet.org.

1532
03:22:10,000 --> 03:22:17,200
And I'm here tonight because a serious
flaw has come to light in the way that

1533
03:22:14,640 --> 03:22:21,120
Malibu is processing small cell wireless
permits. That's why you're hearing all

1534
03:22:18,640 --> 03:22:25,840
of this tonight. Over the past several
days, I personally verified the

1535
03:22:23,200 --> 03:22:30,399
locations of the recent applications.
And what I found is is that the city is

1536
03:22:28,319 --> 03:22:35,439
being asked to approve these sites based
on incorrect upstream information.

1537
03:22:33,840 --> 03:22:40,640
Information that starts with Crown
Castle is passed to T-Mobile, then to

1538
03:22:38,319 --> 03:22:45,520
the city, and then assigned to a planner
to approve, then the notification card

1539
03:22:43,359 --> 03:22:50,239
is sent out to those who are affected.
And at every step, the data is assumed

1540
03:22:47,760 --> 03:22:55,439
to be correct. But at least in one of
these cases, the Rainsford application,

1541
03:22:52,640 --> 03:23:00,239
it was denied. The pink card told
residents that T-Mobile would be

1542
03:22:57,200 --> 03:23:05,040
modifying an existing wireless facility.
But when the resident went to the poll,

1543
03:23:02,479 --> 03:23:09,600
there was no existing equipment at all.
Nothing to modify. The approval was

1544
03:23:07,520 --> 03:23:15,600
based on conditions that simply did not
exist. If one application contains

1545
03:23:12,800 --> 03:23:20,960
incorrect existing conditions, then
every application relying on the same

1546
03:23:17,840 --> 03:23:26,640
data source is now in question.
This matters because these are not

1547
03:23:22,800 --> 03:23:31,600
isolated poles. They form a mesh network
with overlapping emissions. On Point Dum

1548
03:23:29,760 --> 03:23:39,120
alone, there are more than 10 recent
sites spaced roughly 350 to 2,300 feet

1549
03:23:35,760 --> 03:23:44,560
apart. And that spacing is intentional.
It creates a continuous RF field across

1550
03:23:42,000 --> 03:23:49,520
entire neighborhoods. And I want to be
clear, these installations are not being

1551
03:23:47,279 --> 03:23:54,239
built for voice service. They're not
needed for phone calls. They're being

1552
03:23:51,920 --> 03:24:00,239
built to support fixed wireless home
internet, a high-capacity data system

1553
03:23:57,120 --> 03:24:04,560
that requires dense overlapping nodes.
And that's why these poles are clustered

1554
03:24:02,239 --> 03:24:09,680
so tightly. It's not about phone
coverage. It's about the volume of data

1555
03:24:06,800 --> 03:24:13,840
the system can push through. And this
raises another concern. I don't know

1556
03:24:12,000 --> 03:24:18,080
whether the Rainsford approval was
processed with the full Malibu fire

1557
03:24:15,760 --> 03:24:22,880
protocol, which is the strongest in the
country, but if the application was

1558
03:24:20,239 --> 03:24:27,600
based on incorrect information, such as
claiming equipment existed on a pole

1559
03:24:24,960 --> 03:24:32,399
when it didn't, then the fire review may
have been built on the wrong foundation.

1560
03:24:30,160 --> 03:24:38,319
And no protocol can be reliable when
it's based on incorrect facts. and

1561
03:24:35,120 --> 03:24:42,640
residents should not have to pay $750 to
appeal a permit that was flawed before

1562
03:24:40,239 --> 03:24:46,399
it ever reached them. And the city
should not be approving installations

1563
03:24:44,479 --> 03:24:51,040
based on information that no one has
verified in the field. Given all of

1564
03:24:48,880 --> 03:24:57,120
this, I'm asking the city to do one
reasonable thing. Pause all pending

1565
03:24:54,239 --> 03:25:02,399
small cell approvals until the source of
this misinformation is identified and

1566
03:24:59,840 --> 03:25:07,920
the accuracy of each application can be
verified. This is not anti-technology.

1567
03:25:05,359 --> 03:25:11,200
It's not anti-ell service. It's simply
asking for accuracy, transparency, and

1568
03:25:10,560 --> 03:25:18,160
safety.
>> Thank you, Lonnie. [applause]

1569
03:25:13,600 --> 03:25:22,920
» Uh, come on. No clapping. Sorry.
>> Next speaker, Steve Price.

1570
03:25:24,560 --> 03:25:28,479
» Yeah. Yeah, I'm here. Can Can you hear
me? Okay,

1571
03:25:26,560 --> 03:25:33,520
» we can hear you fine, Steve.
>> Oh, great. Thank you. So, yep. Like uh

1572
03:25:30,960 --> 03:25:39,200
like they said, my name is Steve Price
and I'm here to talk tonight, you know,

1573
03:25:36,000 --> 03:25:43,600
mostly about my my good buddy Steve
Yuring. And I call him my good buddy

1574
03:25:41,840 --> 03:25:50,160
just because we have the same first
name. I don't really know Steve Yuring,

1575
03:25:46,640 --> 03:25:55,600
but I I digress. Uh you know, Steve
often lectures about rules, compliance,

1576
03:25:53,680 --> 03:26:01,520
and what residents and property owners
should or should not be doing in this

1577
03:25:58,160 --> 03:26:06,560
city. He is outstanding
at positioning himself as someone who

1578
03:26:03,680 --> 03:26:10,640
protects Malibu and guards the public
interest.

1579
03:26:08,399 --> 03:26:14,720
But leadership carries a simple
expectation.

1580
03:26:12,479 --> 03:26:18,399
If you are going to sit on this council
and tell residents how the rules should

1581
03:26:16,720 --> 03:26:23,920
be enforced,
you yourself should be willing to follow

1582
03:26:21,600 --> 03:26:28,080
those same rules.
And that's where the problem keeps

1583
03:26:25,920 --> 03:26:32,560
arising.
Steve has accumulated a number of

1584
03:26:30,479 --> 03:26:38,479
violations and enforcement issues
involving his own property. We talked

1585
03:26:35,840 --> 03:26:43,520
about these just a few weeks ago. He
hides behind the council policy to avoid

1586
03:26:40,800 --> 03:26:48,239
talking about his violations. He's even
gotten Jean Maza covering for him behind

1587
03:26:45,840 --> 03:26:54,399
this council policy, which as I've
mentioned before is not a law.

1588
03:26:51,680 --> 03:27:00,160
Anywh who, the contradiction matters
because credibility in public office

1589
03:26:57,279 --> 03:27:05,279
depends on consistency.
So, how about the rest of us? Well, we

1590
03:27:03,120 --> 03:27:10,960
apply for permits, respond to
inspections, correct violations, and

1591
03:27:08,479 --> 03:27:14,399
work through compliance issues. That's
part of living in a community governed

1592
03:27:12,640 --> 03:27:20,080
by rules.
But when a council member demands strict

1593
03:27:16,960 --> 03:27:25,359
adherence from everyone else while
facing unresolved issues of his own, it

1594
03:27:22,800 --> 03:27:30,479
raises an obvious question I just cannot
seem to get answered.

1595
03:27:27,680 --> 03:27:34,800
Are we experiencing principal leadership
or just a lot of noise and tail chasing?

1596
03:27:33,279 --> 03:27:39,840
because it starts to feel a little like
watching a squirrel dart around the

1597
03:27:37,279 --> 03:27:45,680
yard, warning everyone else about the
dangers of buried nuts while quietly

1598
03:27:42,479 --> 03:27:50,720
digging holes of its own. Public office
should hold people to a higher standard,

1599
03:27:48,479 --> 03:27:54,880
not a lower one.
The people sitting on the dis make

1600
03:27:52,880 --> 03:28:00,160
decisions that affect property rights,
enforcement priorities, and the daily

1601
03:27:56,880 --> 03:28:06,000
lives of Malibu residents. Those
decisions carry real weight. So, Steve,

1602
03:28:04,080 --> 03:28:09,920
don't you think the public has a right
to expect that the people making those

1603
03:28:08,160 --> 03:28:15,439
decisions are following the same rules
as the rest of us? Malibu deserves

1604
03:28:13,359 --> 03:28:19,680
leadership that spends less time chasing
its tail and more time demonstrating the

1605
03:28:17,840 --> 03:28:27,359
standards if ask everyone else to live
by. So, can we for once get an answer on

1606
03:28:23,840 --> 03:28:31,040
this? Finally, does anyone up there
care?

1607
03:28:29,359 --> 03:28:39,520
Thank you.
Thank you, Steve. Last speaker.

1608
03:28:34,960 --> 03:28:42,640
Andy Lion. Hey, Andy.
>> Hey there. Hear me?

1609
03:28:41,200 --> 03:28:48,880
» We can hear you, Andy. Go ahead.
>> Okay, cool. Hey. Uh, welcome to the new

1610
03:28:45,279 --> 03:28:54,080
city manager. Good luck. Um,
I'm I'm calling tonight in on the public

1611
03:28:51,520 --> 03:29:00,000
comments about this skate park. Um,
enjoying it. It's great. Um, just had

1612
03:28:58,080 --> 03:29:04,160
some questions about, you know, we got a
lot of kids there tonight for the for

1613
03:29:02,319 --> 03:29:08,720
the little league thing and, you know,
the the opening opening day was sort of

1614
03:29:06,800 --> 03:29:14,160
a nightmare because this contractor
hasn't finished the parking lot and the

1615
03:29:11,760 --> 03:29:18,640
bathroom. And we had our temporary skate
park ripped out, which was supposed to

1616
03:29:16,319 --> 03:29:24,239
stay there the whole time, six months
ago. and CS Legacy who was given the

1617
03:29:21,600 --> 03:29:29,920
contract and then subbed out the skate
park skate park portion

1618
03:29:27,600 --> 03:29:32,720
um they haven't really I mean they could
have finished they haven't finished the

1619
03:29:31,359 --> 03:29:38,080
bathroom they haven't finished the
parking lot I'm sure they have excuses

1620
03:29:34,560 --> 03:29:43,920
why but I don't understand really how
six months they haven't finished that

1621
03:29:39,920 --> 03:29:48,080
they um it's somebody needs to like
check into that because it's ridiculous

1622
03:29:46,640 --> 03:29:53,200
they're making a lot of money I think
the whole park was like $4 million

1623
03:29:51,439 --> 03:29:58,880
and I don't see a whole lot of progress
and I've been following it from before

1624
03:29:55,200 --> 03:30:04,080
it even started. Um,
you know, if that's any indication of

1625
03:30:01,200 --> 03:30:09,040
the snack shack moving forward to
something to look at, maybe, you know,

1626
03:30:06,800 --> 03:30:13,760
vet the the contractor a little better.
Um, the other thing is this landscaping

1627
03:30:11,439 --> 03:30:19,040
stuff with the trees that were supposed
to be going in. I I next door, you know,

1628
03:30:17,520 --> 03:30:24,560
the whole thing got delayed because of
Gillan suing the city and we've caved

1629
03:30:21,279 --> 03:30:30,239
and I do we not me but certain council
members um that project next door is

1630
03:30:28,239 --> 03:30:35,200
like dead in the water. I haven't seen
any progress on any those houses are not

1631
03:30:32,960 --> 03:30:40,640
doing anything right now and I was just
wondering if he promised to pay for

1632
03:30:38,479 --> 03:30:44,640
those trees if he paid for them yet or
what's going on because I don't think

1633
03:30:42,319 --> 03:30:51,120
he's part of that project anymore. So,
I'd like the city to look into that to

1634
03:30:46,880 --> 03:30:56,479
see before they, you know, start, you
know, taking on these trees or whatever.

1635
03:30:53,359 --> 03:31:00,960
Um, but that's something that should be
looked into because there's nobody

1636
03:30:58,640 --> 03:31:04,479
working on those houses and that's why
we should have had that skate park two

1637
03:31:02,640 --> 03:31:10,239
years ago. You made all those noise and
now they're not. The houses are like raw

1638
03:31:07,120 --> 03:31:15,200
looking like, you know, just abandoned
construction. So, maybe city should look

1639
03:31:12,800 --> 03:31:21,439
into that. I'll be back for the uh snack
shack thing later. Thanks.

1640
03:31:18,720 --> 03:31:26,000
» Thank you, Andy. Okay, that closes
public comment or that closes item 4 A.

1641
03:31:24,640 --> 03:31:32,040
It's 8:05. We're going to take a
10-minute recess and then we'll resume

1642
03:31:28,080 --> 03:31:32,040
with um item 7B.

1643
03:46:10,080 --> 03:46:18,279
If everyone could be quiet and sit down,
the meeting will resume.

1644
03:46:14,080 --> 03:46:18,279
» Everyone take their seats, please.

1645
03:46:22,960 --> 03:46:34,120
Okay, everyone, please take your seats
and let's retain order now.

1646
03:46:29,199 --> 03:46:34,120
» Okay, we're now up to item 7B.

1647
03:46:36,399 --> 03:46:44,000
Malibu Bluffs Park Snack Shack and Park
Enhancement Project. Please raise your

1648
03:46:41,840 --> 03:46:47,600
hand in Zoom if you'd like to speak on
this item. And you'll be called after

1649
03:46:45,840 --> 03:46:53,680
the staff report. Well, actually after
the people that are here speak. So,

1650
03:46:50,239 --> 03:46:57,760
first item is a staff report.
>> Good evening, Mayor Silverstein and

1651
03:46:55,600 --> 03:47:02,640
honorable members of council. The item
before you is the Malibu Bluffs Park

1652
03:46:59,680 --> 03:47:08,000
snack shack preliminary design. The term
enhancement project was added to reflect

1653
03:47:05,199 --> 03:47:12,479
the amenities and uh the requirements
for the improved park conditions. At

1654
03:47:10,960 --> 03:47:17,120
this time, I just want to take a moment
to thank the parks and recre recreation

1655
03:47:14,640 --> 03:47:21,840
commission for their time and dedication
and providing feedback and design

1656
03:47:19,199 --> 03:47:26,319
modifications that both serve our youth
leagues and enhance the park experience

1657
03:47:24,080 --> 03:47:31,199
for our park patrons.
Uh, presenting tonight's report with me

1658
03:47:28,720 --> 03:47:36,160
is Nathaniel McLean, assistant engineer
in our public works department. um he's

1659
03:47:33,680 --> 03:47:40,239
been a great teammate and has been
working on the project with me and uh

1660
03:47:38,399 --> 03:47:45,800
has attended the commission meetings as
well. So I'll get started on our

1661
03:47:42,800 --> 03:47:45,800
presentation.

1662
03:47:46,880 --> 03:47:54,000
So, to give the council um an idea of
the project timeline, prior to 2024, the

1663
03:47:52,560 --> 03:47:57,600
council approved an assignment for the
parks and recreation commission to

1664
03:47:55,840 --> 03:48:03,520
provide feedback regarding the snack
shack and general uh design elements of

1665
03:48:01,040 --> 03:48:08,160
this project. In November, the council
approved a contract for design services

1666
03:48:06,160 --> 03:48:13,920
and in June, the parks and recreation
commission reviewed the conceptual

1667
03:48:09,600 --> 03:48:18,399
design and provided feedback to staff.
In September, the commission reviewed

1668
03:48:15,920 --> 03:48:23,600
modified designs and appointed an ad hoc
to this project, which was Commissioner

1669
03:48:21,279 --> 03:48:28,640
Lingo and Commissioner Snope Scopehammer
who kind of honed in on some of the

1670
03:48:25,920 --> 03:48:32,720
design elements and gave us uh some
great feedback. In December, the Parks

1671
03:48:31,120 --> 03:48:36,720
and Recreation Commission actually met
on the site at Malibu Bless Park and

1672
03:48:35,120 --> 03:48:42,000
approved a recommendation to move
forward with a final snack check design.

1673
03:48:39,359 --> 03:48:46,080
In January of this year, uh, city staff
met with the public parks and property

1674
03:48:44,239 --> 03:48:49,439
ad hoc committee and appro that
committee uh, approved the

1675
03:48:47,920 --> 03:48:53,760
recommendation to present the snack
shack for county property uh, park

1676
03:48:52,160 --> 03:48:57,920
operations. So, that will be the
improvement.

1677
03:48:55,840 --> 03:49:05,279
And to just take you back a little bit,
this was our snack shack in 2023.

1678
03:49:02,160 --> 03:49:13,840
And, uh, this snack shack uh, was
inherited by the city. So from 2006 to

1679
03:49:09,199 --> 03:49:20,560
about 2018 it was uh operated by Malibu
Little League and the snack shack for a

1680
03:49:17,359 --> 03:49:26,479
couple of years was not used and uh
became uh deteriorated and so it was

1681
03:49:24,080 --> 03:49:31,439
deemed we had to remove it for safety
concerns.

1682
03:49:28,880 --> 03:49:36,800
And if you don't remember that's what it
looked like on the inside.

1683
03:49:34,720 --> 03:49:44,560
So, in this picture, I wanted to point
out that the uh container behind the uh

1684
03:49:41,439 --> 03:49:48,720
picnic table is the Malibu Little League
storage container and then the picture

1685
03:49:46,960 --> 03:49:53,520
on the right hand side are the portable
restrooms and then the city container is

1686
03:49:50,720 --> 03:49:57,680
right behind it.
So, this is kind of the general

1687
03:49:55,199 --> 03:50:02,880
operation of our temporary snack shack.
We have a rented sink which is a

1688
03:50:01,120 --> 03:50:08,560
requirement from the LA County Health
Department. Um little league has to

1689
03:50:06,000 --> 03:50:14,560
erect these canopies every time they
want to serve food and we have uh or

1690
03:50:11,920 --> 03:50:20,560
they uh corner off the space so to make
it a a safety um

1691
03:50:18,399 --> 03:50:24,800
to make sure that nothing no one goes in
the space that isn't allowed. So there's

1692
03:50:23,040 --> 03:50:29,680
quite a few people who visit the snack
shack. This is um Malibu Little League

1693
03:50:27,199 --> 03:50:33,760
as well. They serve food through these
netting openings, which is a requirement

1694
03:50:32,160 --> 03:50:39,359
also from the LA County Health
Department.

1695
03:50:36,399 --> 03:50:45,840
So, here is the new and improved snack
shack uh restrooms and storage

1696
03:50:42,720 --> 03:50:50,160
container. And, uh I'll go into a little
bit more detail about what this all

1697
03:50:47,840 --> 03:50:56,560
really means, but here's a general
overview.

1698
03:50:52,399 --> 03:51:02,640
So, the new kitchen is uh 374 square ft
and includes the equipment. Uh restrooms

1699
03:50:59,359 --> 03:51:06,319
are required as part of the uh kitchen
amenity through the LA County Health

1700
03:51:04,319 --> 03:51:10,960
Department. We have two women's and two
men's, both ADA accessible. We have a

1701
03:51:09,199 --> 03:51:15,760
storage upgrade for the youth leagues
and the city. Um we have a new ADA

1702
03:51:13,760 --> 03:51:21,920
accessible path and railing near the
snack shack. We have an it's not

1703
03:51:18,720 --> 03:51:27,120
depicted in here, but we have a modified
handicap parking in the main parking lot

1704
03:51:24,319 --> 03:51:30,479
with an ADA accessible path and a
pedestrian sidewalk behind the snack

1705
03:51:28,960 --> 03:51:35,840
shack building which gives better
accessibility for all park users.

1706
03:51:33,520 --> 03:51:41,040
Uh we have improved the paved area in
front of the snack shack. Um, there is a

1707
03:51:38,399 --> 03:51:48,560
retaining wall that's approximately 26
linear feet and a janitor's closet, data

1708
03:51:45,120 --> 03:51:52,800
room, and a modified baseball field
access for equipment and vehicles, which

1709
03:51:50,479 --> 03:51:58,800
is also a safety element. And we also
added some new stairs behind the major

1710
03:51:55,040 --> 03:52:03,199
baseball field. That uh slope behind uh
the major baseball field is pretty

1711
03:52:00,880 --> 03:52:10,479
steep, so we want to make sure we have
improved accessibility.

1712
03:52:06,800 --> 03:52:17,600
So here I tried to color code some
elements of this design. So ADA ADA

1713
03:52:14,960 --> 03:52:25,120
access uh new path, new railings, new
paving. Um the kitchen is a standalone

1714
03:52:21,439 --> 03:52:29,840
building 20 ft x 20 ft 12 ft high. It'll
have a dedicated service window, side

1715
03:52:27,199 --> 03:52:35,120
entrance, and we are uh proposing
electric, no gas in this facility. We

1716
03:52:33,040 --> 03:52:40,399
have added new and improved added
storage. um that will house city storage

1717
03:52:38,000 --> 03:52:45,199
and little league storage. And then
other improvements include a pedestrian

1718
03:52:42,560 --> 03:52:51,600
pass stairs data room which can be used
for uh putting out information either a

1719
03:52:48,720 --> 03:52:56,960
digital menu or information on the
league or city programming and then uh

1720
03:52:54,880 --> 03:53:02,880
access between the baseball field and
snack shack has also been increased. Um

1721
03:53:00,640 --> 03:53:08,800
and we pushed that area that we pushed
that building back by 12 ft. So there is

1722
03:53:05,760 --> 03:53:13,760
extra space in front of the building in
between the building and the baseball

1723
03:53:10,399 --> 03:53:19,199
field for uh team meetings, community
gatherings

1724
03:53:15,359 --> 03:53:24,960
and uh lines for the snack shack.
So this is the rendering uh provided by

1725
03:53:21,680 --> 03:53:29,120
our design team. So as you can see um we
have the standalone Bluffs Park snack

1726
03:53:26,880 --> 03:53:35,359
shack. We have a men's and women's
restroom. We have storage area and we

1727
03:53:31,920 --> 03:53:41,520
have uh kind of an elevated area which
uh the sidewalk will be located.

1728
03:53:38,800 --> 03:53:45,720
And here's just another angle uh for
that design rendering.

1729
03:53:46,160 --> 03:53:52,479
Just some information about the
building. It is a pre-cast concrete

1730
03:53:49,680 --> 03:53:58,720
building. Um this was the best option
when we looked at all of the all of the

1731
03:53:54,960 --> 03:54:04,880
options. Uh it has a very long lifespan.
will hold up in uh fireprone areas and

1732
03:54:03,199 --> 03:54:10,160
this will be built off site and
delivered in 12 foot sections. The color

1733
03:54:07,439 --> 03:54:14,239
palette matches our skate park and we
work with our commission on the type of

1734
03:54:12,239 --> 03:54:20,640
equip kitchen equipment that will be
inside the snack shack and all of these

1735
03:54:17,520 --> 03:54:24,640
items uh will serve uh our community's
needs. [clears throat] I will pass it

1736
03:54:22,720 --> 03:54:29,600
along to Nathaniel.
>> Thank you, Kristen. I'll start with the

1737
03:54:26,960 --> 03:54:33,120
estimated project timeline. This slide
shows the project timeline for the

1738
03:54:31,359 --> 03:54:38,720
project. It starts with preliminary
engineering at around March, April of

1739
03:54:36,000 --> 03:54:45,120
2026 and finishes with construction in
around October November of 2027. We have

1740
03:54:43,279 --> 03:54:49,680
um estimated our preliminary engineering
to take around 8 weeks. Our planning

1741
03:54:47,279 --> 03:54:54,640
commission approval to take 16 to 24
weeks. Final engineering at around 10

1742
03:54:52,160 --> 03:55:00,560
weeks. Building permit approval at 8
weeks. Preparation of our final bid

1743
03:54:57,520 --> 03:55:07,439
package at 6 weeks. City council award
at 4 weeks and 30 weeks for our

1744
03:55:03,120 --> 03:55:13,600
estimated construction of a snack shack.
to go into some cost savings for this

1745
03:55:10,080 --> 03:55:17,520
project. Um, we presented to the parks
and recck commission and the snack shack

1746
03:55:15,199 --> 03:55:21,439
ad hoc committee committee with multiple
design options and we worked with our

1747
03:55:19,680 --> 03:55:26,080
designer to revise our plans and cut
costs. Our starting cost was nearly $5

1748
03:55:23,920 --> 03:55:32,720
million and with our revisions, we saved
nearly 1.7 million. To go into more

1749
03:55:29,439 --> 03:55:37,359
specific cost-saving factors, we opted
for no electrical upgrades. Our parks

1750
03:55:35,040 --> 03:55:42,000
and recreation commission determined to
use the existing electricity to run all

1751
03:55:39,600 --> 03:55:46,399
the kitchen equipment. They minimized
their kitchen equipment requests. We are

1752
03:55:44,479 --> 03:55:53,840
using the existing shade structures and
picnic tables. And we opted to um use a

1753
03:55:51,439 --> 03:55:59,120
retaining wall and had our pre-cast
concrete manufacturer use the building

1754
03:55:57,120 --> 03:56:04,319
wall to function as a retaining wall
instead of a separate 122 ft linear

1755
03:56:01,920 --> 03:56:08,399
wall.
During our skate park construction, we

1756
03:56:06,080 --> 03:56:12,960
have added stubouts for wastewater and
electrical lines. This will place these

1757
03:56:11,199 --> 03:56:18,080
utilities closer to the snack shack
during its construction. We have also

1758
03:56:15,279 --> 03:56:22,160
reduced the footprint of the paved areas
for what's required with ADA access and

1759
03:56:20,399 --> 03:56:27,600
we minimize the amount of paving in
front of the building.

1760
03:56:24,080 --> 03:56:31,560
To get into the cost estimate, our total
is 3,711,744

1761
03:56:32,880 --> 03:56:42,399
with the breakdown being $200,000 for
preliminary design, $225,000

1762
03:56:39,359 --> 03:56:46,720
for permitting and final design, $2.5
million for the construction of the

1763
03:56:43,760 --> 03:56:50,720
snack shack, a 15% contingency at
$383,000,

1764
03:56:48,880 --> 03:56:56,000
and $350,000
allocated to construction management. So

1765
03:56:53,439 --> 03:57:02,560
now to dive deeper into our construction
costs, the building cost breakdown for

1766
03:56:58,800 --> 03:57:06,160
the snack shack we have at $2.3 million.
This is for general requirements

1767
03:57:04,000 --> 03:57:13,199
mobilization at 20,000 for the
contractor. A $17,000 building pad for

1768
03:57:09,680 --> 03:57:19,120
our snack shack. Equipment at $26,000.
This includes the kitchen equipment, its

1769
03:57:16,000 --> 03:57:24,080
finishes, um flooring, any storage
equipment, and trash enclosures. Our

1770
03:57:21,680 --> 03:57:29,199
special enclosure special construction
at $1.17 million is the actual cost for

1771
03:57:27,520 --> 03:57:35,199
the pre-cast concrete snack shack
building, restroom and um storage rooms

1772
03:57:32,720 --> 03:57:40,640
and its delivery. Our exterior
improvements at $124,000 is all the

1773
03:57:38,319 --> 03:57:48,160
paving pavers in front of the snack
shack, its um base and subbase. Our site

1774
03:57:44,239 --> 03:57:53,920
work at three $331,000
is for the demo of existing asphalt

1775
03:57:51,760 --> 03:57:59,920
concrete and concrete. The cost of new
concrete walkways, curbs, gutters, ADA

1776
03:57:57,279 --> 03:58:05,120
concrete ramps and rails, new pavement
markings, water lines, sanitary sewer

1777
03:58:02,399 --> 03:58:11,199
lines, and storm drains. Our estimated
contractor cost is at $432,000.

1778
03:58:09,040 --> 03:58:15,439
This is for their estimated overhead,
bonds, and insurance.

1779
03:58:13,600 --> 03:58:19,920
to dive deeper into our site
enhancements breakdown. This is to push

1780
03:58:17,840 --> 03:58:26,000
the snack shack back towards the street
and have our 4 foot concrete um sidewalk

1781
03:58:23,279 --> 03:58:30,000
which is 150 ft long runs around the
back of the snack shack. Um this will

1782
03:58:28,800 --> 03:58:33,840
provide more space in front of the
building and adds the sidewalk and

1783
03:58:31,439 --> 03:58:38,800
stairs to wrap around the snack shack.
This work is around $223,000

1784
03:58:37,199 --> 03:58:44,720
through the increased grading and
foundation for the building and the

1785
03:58:41,199 --> 03:58:48,640
sidewalk and retaining wall.
To go into the next slide, we are

1786
03:58:46,880 --> 03:58:53,680
requesting council to approve the
preliminary design. We already have

1787
03:58:51,120 --> 03:58:58,239
approved $425,000
in the budget for preliminary design,

1788
03:58:55,760 --> 03:59:01,520
permitting, and final design. And we
would like to ask council to direct

1789
03:58:59,840 --> 03:59:07,680
staff to review potential funding
sources for the project for the 3 point

1790
03:59:04,800 --> 03:59:11,840
around $3.3 million for construction
contingency and construction management.

1791
03:59:10,160 --> 03:59:17,040
Some of those considerations can be
fundraising, naming rights, grants, and

1792
03:59:14,640 --> 03:59:22,680
general fund allocation.
And that is the end of our presentation.

1793
03:59:19,439 --> 03:59:22,680
Thank you.

1794
03:59:23,199 --> 03:59:28,640
» That concludes this effort.
Okay. Thank you. Do any members of

1795
03:59:26,960 --> 03:59:33,560
council have any clarifying questions of
the staff before we move to public

1796
03:59:30,560 --> 03:59:33,560
comment?

1797
03:59:35,279 --> 03:59:38,520
No questions.

1798
03:59:38,880 --> 03:59:45,840
Okay, we'll go to public comment.
This is now the deadline for raising

1799
03:59:43,680 --> 03:59:52,000
your hand in Zoom
and we'll now start with the in person

1800
03:59:48,560 --> 03:59:56,800
people. Um Jake Lingo, you got four
minutes. Is Judy still here? Yes. Okay.

1801
03:59:54,720 --> 04:00:02,439
John Alfano
and then Sarah and Claire and Freddy.

1802
04:00:03,680 --> 04:00:09,920
You have four minutes. Thank you, mayor,
council members. My name is Jake Lingo.

1803
04:00:07,760 --> 04:00:14,000
Uh I serve on the park and recreation
committee commission and I'm also the

1804
04:00:11,680 --> 04:00:17,120
vice president of Malibu Little League.
Um I'd like to start by addressing

1805
04:00:15,600 --> 04:00:20,239
something that's important. Uh this
project is often referred to as a snack

1806
04:00:18,880 --> 04:00:23,600
shack, but what is actually being
proposed is a park support facility that

1807
04:00:22,160 --> 04:00:27,760
solves several long-standing
infrastructure needs at Malibu Bluffs

1808
04:00:25,439 --> 04:00:31,760
Park. Uh the project includes permanent
restrooms, ADA accessible paths and

1809
04:00:29,600 --> 04:00:35,920
ramps, storage for the city and the
youth leagues, improved pedestrian

1810
04:00:33,840 --> 04:00:40,239
circulation, and basic technology
infrastructure for the park. In other

1811
04:00:38,319 --> 04:00:43,600
words, this is simply not just a food
facility. It's essential park

1812
04:00:41,840 --> 04:00:47,279
infrastructure.
It's also worth noting that over 20% of

1813
04:00:45,600 --> 04:00:50,160
the proposed building space is dedicated
to city storage and janitorial

1814
04:00:48,880 --> 04:00:54,960
functions, further supporting the
project's operational value to the city.

1815
04:00:53,279 --> 04:00:59,760
Today, the park relies on portable
toilets, temporary storage containers,

1816
04:00:57,040 --> 04:01:03,760
and informal walking paths. I can
personally attest that parks and

1817
04:01:01,040 --> 04:01:08,080
recreation committee commission took it
responsibility to the taxpayers very

1818
04:01:05,840 --> 04:01:11,199
seriously. Uh the commission reviewed
multiple design iterations and

1819
04:01:09,439 --> 04:01:14,640
repeatedly sent the project back for
cost reductions.

1820
04:01:12,880 --> 04:01:18,399
Um, through value engineering, including
a smaller kitchen, reduced equipment,

1821
04:01:16,319 --> 04:01:22,800
eliminating a new transformer, and other
measures, the project cost was reduced,

1822
04:01:20,479 --> 04:01:26,640
as stated, from 5 million down to
approximately 3.1. But that's actually

1823
04:01:24,560 --> 04:01:30,399
just hard costs. So, we actually saved
over $2.5 million in hard cost. The soft

1824
04:01:28,880 --> 04:01:32,960
costs were already baked into that. So,
that was just one thing I wanted to

1825
04:01:31,520 --> 04:01:38,160
clarify. They did a great job with the
staff report, but that is something that

1826
04:01:35,359 --> 04:01:41,680
I think is noteworthy. Um, I also think
it's extremely important to kind of talk

1827
04:01:40,000 --> 04:01:46,319
about the history of Bless Fields and
how they became about. Um, in 1982,

1828
04:01:44,399 --> 04:01:50,479
Malibu Little League was at a crossroads
with nowhere to call home and due to the

1829
04:01:48,640 --> 04:01:55,279
coastal commission actions basically
beyond our control. Uh, the league

1830
04:01:52,960 --> 04:01:59,680
leased the Bluff site and built the two
baseball fields that now make up Bluffs

1831
04:01:57,040 --> 04:02:02,960
Park. uh with the help of local
businesses, contractors, and volunteers

1832
04:02:01,279 --> 04:02:06,800
from Malibu, including Doug O'Brien,
Carrie Schmidt, Jack Ging, Bill

1833
04:02:04,479 --> 04:02:11,120
Bennowski, and countless others, the
Bless Fields were built. Those same

1834
04:02:09,439 --> 04:02:16,239
fields, including the original back
stops, still stand today.

1835
04:02:14,000 --> 04:02:20,399
Over the past four decades, Malibu
Little League has literally invested

1836
04:02:17,760 --> 04:02:23,920
millions of dollars into that facility.
In the last 5 years, we spent close to a

1837
04:02:22,399 --> 04:02:28,560
quarter of a million dollars fundraising
for new scoreboards, converting the

1838
04:02:26,000 --> 04:02:34,479
field into a softball field,
um installing new infield grass, infield

1839
04:02:31,439 --> 04:02:38,160
dirt, clay, and spending roughly $25,000
on maintenance every year to keep the

1840
04:02:36,000 --> 04:02:42,880
fields in the shape that they are in.
And of note, these fields are open to

1841
04:02:40,399 --> 04:02:46,880
everybody in Malibu, including softball
leagues and city programs.

1842
04:02:45,359 --> 04:02:50,960
While the days of volunteer building
park facilities themselves have largely

1843
04:02:48,800 --> 04:02:54,880
been replaced by regulation and
liability, the mission of Malibu Little

1844
04:02:52,880 --> 04:02:59,439
League remains the same. To leave our
community better than we found it.

1845
04:02:57,840 --> 04:03:02,800
Those original volunteers built
something that has served generations of

1846
04:03:00,960 --> 04:03:07,359
our community and the facility
improvements before you tonight will do

1847
04:03:04,399 --> 04:03:11,199
the same. The investment simply ensures
that the infrastructure surrounding the

1848
04:03:09,279 --> 04:03:16,080
fields finally matches the legacy our
little league community created.

1849
04:03:13,840 --> 04:03:19,279
With your leadership and support, we
have the opportunity tonight to carry

1850
04:03:17,520 --> 04:03:23,040
that legacy forward for the next
generation of Malibu families. I hope

1851
04:03:21,279 --> 04:03:26,800
you'll join us. Thank you for your time
and your consideration.

1852
04:03:24,800 --> 04:03:34,840
» Thank you, Jake.
Please, let's be silent in our in our

1853
04:03:30,560 --> 04:03:34,840
support. John Alano

1854
04:03:49,279 --> 04:03:57,560
My name is John Alfano and I am the
president of Malibu Little League and I

1855
04:03:53,760 --> 04:03:57,560
am not running for governor.

1856
04:03:58,764 --> 04:04:02,720
[laughter]
>> Before taking time to talk about the

1857
04:04:01,040 --> 04:04:06,479
building and infrastructure that Jake
just kind of reviewed, I want to talk

1858
04:04:04,720 --> 04:04:10,160
about what it really means to be a part
of Bluff Park and what Malibu Little

1859
04:04:08,080 --> 04:04:15,120
League and softball is all about. Every
week, hundreds of kids, almost a

1860
04:04:13,040 --> 04:04:20,160
thousand people come to the field every
week, and they do what they love. They

1861
04:04:17,920 --> 04:04:24,720
play, they compete, and they grow.
They're learning teamwork, resilience,

1862
04:04:22,399 --> 04:04:29,040
confidence, and the value of hard work.
They're building friendships that last

1863
04:04:26,479 --> 04:04:33,279
for years. And most importantly, they're
having fun. They even sat through this

1864
04:04:31,600 --> 04:04:37,439
meeting this long with smiles on their
face. God bless them.

1865
04:04:35,920 --> 04:04:42,960
That culture does not happen by
accident. For more than seven decades,

1866
04:04:40,160 --> 04:04:47,520
Malibu Little League has built almost on
entirely on volunteer effort. Parents,

1867
04:04:45,520 --> 04:04:52,399
coaches, board members, and thousands of
hours have made this experience

1868
04:04:49,439 --> 04:04:57,199
possible. I personally spend about 40 to
60 hours a week volunteering, making

1869
04:04:54,319 --> 04:05:00,399
sure kids have uniforms, they're on the
right teams, the fields are safe,

1870
04:04:58,800 --> 04:05:06,640
there's dirt out there, there's no
gopher holes, yada yada yada.

1871
04:05:05,040 --> 04:05:12,000
And at the heart of all this is the
snack shack. Believe it or not, it's

1872
04:05:09,520 --> 04:05:15,040
more than an experience. It's not just
about the food. It's a place where

1873
04:05:13,359 --> 04:05:19,120
families gather between innings, where
teammates hang out with their after

1874
04:05:17,040 --> 04:05:23,439
games, and where siblings run around
with their grandparents to watch the

1875
04:05:20,720 --> 04:05:29,040
next generations play.
Come on a Saturday and you'll walk up

1876
04:05:25,520 --> 04:05:34,640
and see kids with their tickets
wanting to redeem them at the snack

1877
04:05:31,279 --> 04:05:39,840
track for a treat. walk away smiling
like they just won the World Series.

1878
04:05:38,239 --> 04:05:44,080
Jake already mentioned the millions of
dollars that Little League has put in

1879
04:05:41,199 --> 04:05:47,680
over the last 40 years, including over a
quarter million in just the last five.

1880
04:05:46,000 --> 04:05:51,359
But the truth is, you cannot put a
dollar amount on the volunteer hours

1881
04:05:49,520 --> 04:05:57,439
that have built this program and keep it
thriving. And tonight, I'd like to ask

1882
04:05:54,399 --> 04:06:01,359
something very simple.
I'd like you to look at the kids that

1883
04:05:58,960 --> 04:06:04,960
are standing next to me. I'd like you to
look at their faces.

1884
04:06:03,199 --> 04:06:08,319
Look at the excitement they have tonight
wearing their uniforms and just being

1885
04:06:06,640 --> 04:06:12,880
here representing Malibu Little League
and softball.

1886
04:06:10,319 --> 04:06:17,199
Three years ago, I stood right here in
the same room with another group of

1887
04:06:14,560 --> 04:06:21,920
legal leaders, little leaguers. [snorts]
Those kids have now grown up and aged

1888
04:06:19,520 --> 04:06:26,720
out of the league. And they never got to
experience what it is we're asking for.

1889
04:06:24,720 --> 04:06:33,040
Please do not let that happen to this
group. I'm asking you tonight to make a

1890
04:06:30,399 --> 04:06:38,160
commitment. not to me, not to the
league, but to these kids that are

1891
04:06:35,279 --> 04:06:44,000
standing right here beside me. That
Malibu will continue serving its

1892
04:06:40,720 --> 04:06:48,399
investment in the places where these
kids learn teamwork, friendship, and

1893
04:06:45,840 --> 04:06:52,880
confidence. Because Malibu Bluffs Park
isn't just where kids play baseball and

1894
04:06:50,560 --> 04:06:59,319
softball. It's where they grow up and
become young adults. Thank you.

1895
04:06:55,920 --> 04:06:59,319
» Thank you, John.

1896
04:06:59,545 --> 04:07:05,640
» [snorts]
>> Sarah, Claire, and Freddy.

1897
04:07:17,600 --> 04:07:27,439
» Hi, my name is Sarah and um we're all
here to talk about how much we love the

1898
04:07:24,160 --> 04:07:31,920
Snack Shack. Personally, I love it
because of all the awesome snacks it has

1899
04:07:29,920 --> 04:07:36,560
and the fact that we turn the money we
paid for the snacks into tickets. I love

1900
04:07:34,720 --> 04:07:41,199
the ticket idea because I think it's
awesome and way cool and way better than

1901
04:07:38,720 --> 04:07:45,600
waving around normal money. Another
thing I love about the snack shack is

1902
04:07:43,680 --> 04:07:51,359
that all the people who work there are
very nice and friendly. Another reason I

1903
04:07:48,560 --> 04:07:55,600
love the snack shack because it is an
awesome place to just be able to buy a

1904
04:07:53,359 --> 04:08:00,239
snack then go to practice.
It is also a good place for all the

1905
04:07:57,840 --> 04:08:04,239
parents to just buy lunch, hang out, and
watch their kids play softball or

1906
04:08:02,399 --> 04:08:09,199
baseball.
Um

1907
04:08:06,239 --> 04:08:14,880
um hi, I'm Freddy Fink and I'm here to
talk about this snack shack and it's

1908
04:08:11,359 --> 04:08:18,560
already pretty cool, but um it would be
way cooler if we could get like

1909
04:08:16,800 --> 04:08:24,160
bathrooms and make it a little bit
cleaner and bigger and

1910
04:08:22,640 --> 04:08:31,199
um
yeah, thank you.

1911
04:08:27,279 --> 04:08:36,399
» Hi, I'm Claire Toledo and um I'm here to
speak about softball. We love playing

1912
04:08:34,080 --> 04:08:42,080
softball. And after softball, we would
go to the snack shack to get plenty of

1913
04:08:39,040 --> 04:08:51,359
snacks like sunflower seeds, gum, dip,
and dots, lollipops. It is really good.

1914
04:08:47,439 --> 04:08:58,000
» That's it. Thank you.
>> Thank you for your comments.

1915
04:08:54,640 --> 04:09:02,600
Um Josh Spiegel followed by Hug Janice,
followed by Olivia and Skyler.

1916
04:09:08,000 --> 04:09:16,479
Hi. Um, I don't really have all that
much to say other than just looking at

1917
04:09:13,040 --> 04:09:22,000
this from afar. It's [snorts] super
important that Malibu has these great

1918
04:09:18,960 --> 04:09:27,760
parks, these great facilities. It's part
of keeping families here and these kids

1919
04:09:24,880 --> 04:09:32,399
are going to be the future of Malibu and
protecting what Malibu is in 100 years.

1920
04:09:30,319 --> 04:09:35,600
So, we need to attract that. Um, I'm
pretty sure I see where this thing is

1921
04:09:33,680 --> 04:09:42,680
going, so I'm gonna shut up and go sit
down.

1922
04:09:38,080 --> 04:09:42,680
» Thank you, Josh. Hugh,

1923
04:09:43,199 --> 04:09:46,760
is Hugh here?

1924
04:09:46,880 --> 04:09:52,199
» No. Okay. Olivia and Skyler.

1925
04:09:57,279 --> 04:10:03,680
» Hi, my name's Olivia Alfano.
>> Hi, and I'm Skyler Lingo. The reason why

1926
04:10:01,840 --> 04:10:07,920
we like the snack shack is because it
can bring the community together

1927
04:10:05,680 --> 04:10:13,439
» and people can make new friends. Thank
you for supporting this idea idea. We

1928
04:10:10,080 --> 04:10:18,013
love the snack shack.
>> Thank you.

1929
04:10:15,199 --> 04:10:23,600
» Seeing a pattern here.
[laughter]

1930
04:10:18,560 --> 04:10:26,600
» Okay. Um Sienna Graham and Havana
Keenan.

1931
04:10:29,600 --> 04:10:36,080
Pull that.
>> Pull that mic down for

1932
04:10:34,479 --> 04:10:40,479
That's even better. All right.
>> Hi, my name is Sienna.

1933
04:10:38,960 --> 04:10:45,279
» Grandma.
>> Hi, my name is Savannah Keenan.

1934
04:10:42,720 --> 04:10:51,120
» First of all, the snack shack is a big
part of Malibu Little League.

1935
04:10:48,479 --> 04:10:54,960
I save up all my allowance for it. It is
such an honor to be a part of that

1936
04:10:52,960 --> 04:10:58,840
community.
It gets a

1937
04:11:01,920 --> 04:11:08,960
It gets me hyped up for softball games
in the morning.

1938
04:11:06,160 --> 04:11:13,359
» I mean, I do dishes for get to get snack
shack.

1939
04:11:10,720 --> 04:11:18,479
» Thank you. Thank you for listening.
>> Yeah. Thank you. That's all.

1940
04:11:15,920 --> 04:11:24,239
» Thank you,
Heather.

1941
04:11:20,319 --> 04:11:31,760
Alfano, Leo Gigliadi,
and Mila Mustakus and Jenna Alfano.

1942
04:11:29,680 --> 04:11:35,520
» Hi everybody, Heather Alfano, also known
as the first lady of Malibu Little

1943
04:11:33,359 --> 04:11:38,720
League. I have inherited the role of the
snack shack queen, and I never could

1944
04:11:37,199 --> 04:11:42,640
have guessed how much joy this position
would bring. Every Saturday during the

1945
04:11:40,960 --> 04:11:47,279
spring season, I can be found grilling
from about 8:00 a.m. till 2:00 p.m. in

1946
04:11:44,880 --> 04:11:51,680
some capacity. Two weekends ago, we
celebrated opening day, bringing back

1947
04:11:49,120 --> 04:11:56,239
our infamous Bluffsburg burger. We sold
180 burgers and 60 hot dogs that day. We

1948
04:11:54,560 --> 04:12:00,319
also served breakfast quesadillas for
our early morning teams. The snack shack

1949
04:11:58,479 --> 04:12:04,800
has truly become a pinnacle of social
connection here in Malibu. I am standing

1950
04:12:02,880 --> 04:12:08,640
before you today to personify how
important pushing the plan for a

1951
04:12:06,239 --> 04:12:12,160
permanent snack shack really is. Last
year after the Palisades fire, we were

1952
04:12:10,399 --> 04:12:16,080
beyond hesitant to ask our local
businesses to sponsor a little league

1953
04:12:14,160 --> 04:12:20,080
team, which is a staple for our
fundraising efforts. We relied heavily

1954
04:12:18,399 --> 04:12:23,760
on the profits of the snack shack to
keep things moving for all of our

1955
04:12:21,520 --> 04:12:27,520
players. One of the major hurdles that
we deal with on a weekly basis is how

1956
04:12:25,680 --> 04:12:31,520
cumbersome our setup and breakdown can
be. We have a lot of parents who are

1957
04:12:29,359 --> 04:12:35,840
willing to volunteer. However, it is not
easy to set up a temporary restaurant

1958
04:12:33,439 --> 04:12:40,239
each week. We are hooking up water to a
mobile sink, a water heater, a drainage

1959
04:12:38,080 --> 04:12:44,800
system, building easyups that are not
easy. Temporary trash cans, running

1960
04:12:42,880 --> 04:12:48,720
extension cords to power our register,
speakers, and cotton candy machine, as

1961
04:12:46,880 --> 04:12:53,040
well as the grill, food prep, chilling
drinks, and laying out an array of big

1962
04:12:50,640 --> 04:12:56,640
leak chew. If we were able to show up to
a permanent snack shack, I wouldn't be

1963
04:12:54,720 --> 04:13:00,960
so fearful of this snack shack idea
dying when I finally need to retire. So,

1964
04:12:59,279 --> 04:13:04,640
when you find an item on your agenda
pertaining to Snack Shack, please think

1965
04:13:02,560 --> 04:13:08,399
of me in my grandmother's apron,
pleading with you to make it happen.

1966
04:13:06,720 --> 04:13:12,319
Lastly, I encourage all of you to stop
by on a Saturday and get a Bluffsburg

1967
04:13:10,080 --> 04:13:16,880
burger. It is truly the tastiest burger
in Malibu. Thank you.

1968
04:13:14,960 --> 04:13:19,880
» Thank you,
Leo.

1969
04:13:28,000 --> 04:13:36,120
Is Leo here?
>> No.

1970
04:13:30,080 --> 04:13:36,120
» Okay. Mila Mustakus and Gemma Alana.

1971
04:13:43,439 --> 04:13:52,080
» Good evening everyone. My name is Milas
and my name is Gemma Alan. One of the

1972
04:13:49,920 --> 04:13:57,600
main parts of Maba Little League is the
snack shack. I love going to the snack

1973
04:13:54,960 --> 04:14:02,640
shack, but if it was bigger, it would be
even better. I love going there with my

1974
04:14:00,720 --> 04:14:09,600
family and friends. It's so yummy and
fun. When we get done with our softball

1975
04:14:06,239 --> 04:14:15,520
games, we go get a lot of food and
drinks and candy. It would be amazing to

1976
04:14:12,960 --> 04:14:21,075
have a building to keep it all. Thank
you. Any questions?

1977
04:14:19,056 --> 04:14:21,075
» [laughter]

1978
04:14:21,600 --> 04:14:25,239
» Thank you very much.

1979
04:14:26,239 --> 04:14:30,439
Do we have anybody on Zoom?

1980
04:14:30,720 --> 04:14:36,680
Yeah, there's two raised hands. First is
Andy Lion.

1981
04:14:37,520 --> 04:14:44,159
Hey there. Um,
did I go unmuted?

1982
04:14:42,880 --> 04:14:49,359
» We hear you, Andy.
>> Okay. I had a picture. Uh, Parker has

1983
04:14:49,600 --> 04:14:58,080
There we go. That's the original, my
original that I the snack shack I knew

1984
04:14:56,319 --> 04:15:03,120
down at the little league in the Malibu
Lagoon area.

1985
04:15:00,239 --> 04:15:09,439
And uh you know, listening to all these
K we that was the worst best pizza ever,

1986
04:15:06,720 --> 04:15:16,640
the pizza ball, snow cones that were
like as hard as hard balls and all kinds

1987
04:15:13,760 --> 04:15:22,640
of candy, you know. And the memories I
have of that that snack shack are, you

1988
04:15:20,080 --> 04:15:28,560
know, they go back. That was a long time
ago. Um, and I'm listening, you know,

1989
04:15:26,479 --> 04:15:33,040
seeing this whole thing. I I I'm
listening to the kids and like, you

1990
04:15:30,560 --> 04:15:36,159
know, the idea of the snack shack, but
what they have right now and they're

1991
04:15:34,319 --> 04:15:40,479
just so happy to get to the like if I
asked Glider, he as long as he could get

1992
04:15:38,640 --> 04:15:43,279
dipping dots. I mean, if they were
coming out of the back of the trunk of

1993
04:15:41,840 --> 04:15:47,040
somebody's car, he'd be stoked and just
hanging out with everybody. But it's

1994
04:15:45,120 --> 04:15:53,199
great that there's going to be something
coming. It's just unfortunate that this

1995
04:15:50,479 --> 04:15:57,600
whole bureaucracy and the the designs
and everything is so expensive and

1996
04:15:55,359 --> 04:16:03,279
crazy. And it used to be I I'm sure like
the parent like the dads probably built

1997
04:16:00,239 --> 04:16:09,040
that snack shack and just put something
in that had some character and stuff and

1998
04:16:05,439 --> 04:16:17,040
wasn't you know tied into every kind of
bureaucracy, red tape, design fees and

1999
04:16:13,359 --> 04:16:22,880
whatnot. But, um, yeah, that's that, you
know, do the right thing for it. Um, I'm

2000
04:16:20,159 --> 04:16:27,439
just I I don't know why we got stuck
with the skate park having to have

2001
04:16:24,479 --> 04:16:32,479
bathrooms too, right across the street,
literally like, you know, 50 feet away

2002
04:16:30,640 --> 04:16:36,399
and they have to make more bathrooms for
that and charge more for I don't I don't

2003
04:16:34,720 --> 04:16:42,479
understand, but you know, more bathrooms
the better, I guess, because whatever.

2004
04:16:39,120 --> 04:16:46,960
Um, but yeah, it's it, you know, I hope
that you can get it done before like

2005
04:16:44,960 --> 04:16:50,239
while those kids are here that are there
coming before you and talking about how

2006
04:16:48,560 --> 04:16:54,080
great the snack check is. Hopefully it
gets done while they're still in Little

2007
04:16:51,520 --> 04:16:57,840
League. Um, you know, like the skate
park, you know,

2008
04:16:56,159 --> 04:17:02,000
the the construction, so many of the
kids that went to those meetings that

2009
04:16:59,359 --> 04:17:06,800
were like the kids tonight, they didn't
they're already gone. So,

2010
04:17:05,040 --> 04:17:11,199
um, push it through and push it through
fast and maybe get something in the

2011
04:17:08,960 --> 04:17:16,720
interim, you know, so, you know, maybe
like something that can happen and they

2012
04:17:13,439 --> 04:17:21,760
can use right now as a, you know, that
would be great to have a have something

2013
04:17:19,520 --> 04:17:28,000
that's better than there, whether it's
a, you know, a,

2014
04:17:25,520 --> 04:17:33,760
you know, food truck or some something
that is better. I don't know. I like it

2015
04:17:31,040 --> 04:17:38,319
right now. It's great. Blessberger all
the way they you know after skating too

2016
04:17:36,000 --> 04:17:41,279
but I'm in the little league. Go Angels.
Let's go get a snack check. Bye.

2017
04:17:40,798 --> 04:17:45,319
[laughter]
>> Thank you Andy. Who's next?

2018
04:17:47,520 --> 04:17:51,080
» Alicia Peak.

2019
04:17:54,159 --> 04:18:02,000
» Wow. It's so nice to see all you smiling
on the dis tonight because this is what

2020
04:18:00,000 --> 04:18:07,600
local government is all about. our
future and our youth. Kids in the room,

2021
04:18:05,040 --> 04:18:12,159
can you please stand up? Adults in the
room, can you please stand up? Please

2022
04:18:09,920 --> 04:18:16,720
stand up to show the amount of support
that we have tonight.

2023
04:18:14,399 --> 04:18:21,120
My name is Alicia Peak. I'm a parks and
rec commissioner, AYSO commissioner,

2024
04:18:19,199 --> 04:18:26,159
teacher, but most importantly, a mother
of three ball players, and proud to know

2025
04:18:23,760 --> 04:18:31,680
every single person in this room because
you being in this room tonight shows the

2026
04:18:28,640 --> 04:18:36,880
support that we all share for this
I promise you that this snack shack is

2027
04:18:34,399 --> 04:18:42,640
not just about little league. It is
about AYSO. I see it being used for flag

2028
04:18:39,920 --> 04:18:47,359
football, chew mash day, outdoor movie
nights, an emergency kitchen. We always

2029
04:18:45,040 --> 04:18:52,319
talk about emergency services. This
could be used in that way. And our new

2030
04:18:49,680 --> 04:18:55,600
skate park. We could use this for having
events for the skate park. You can sit

2031
04:18:54,080 --> 04:18:59,520
down now. Thank you all. I appreciate
you so much.

2032
04:18:57,520 --> 04:19:04,319
» I think that this is the heart of our
community.

2033
04:19:00,960 --> 04:19:10,000
Kids get to learn and immerse themselves
um of what it means to volunteer, take

2034
04:19:07,439 --> 04:19:14,560
orders, make orders, and learn how to be
a cashier. Unfortunately, Heather, I

2035
04:19:12,479 --> 04:19:20,000
don't foresee kids rolling that 100
pound sink up and down the shelf every

2036
04:19:16,800 --> 04:19:25,199
week like you do. God bless you. I say
this all the time, but the only thing

2037
04:19:21,920 --> 04:19:30,159
economists always agree on is that the
best investment is to invest in kids. As

2038
04:19:28,319 --> 04:19:34,319
a city, we have committed to this with
our school district, with our community

2039
04:19:32,239 --> 04:19:39,760
lands. And this is one more commitment
we are making. We are asking the city to

2040
04:19:36,640 --> 04:19:44,479
make in our youth. It is also very
important tonight, as you guys discuss,

2041
04:19:42,080 --> 04:19:49,920
we need a robust fundraising effort to
make this a dream. Let's vote tonight to

2042
04:19:47,199 --> 04:19:54,319
make this a reality and use this also as
an opportunity to create a great

2043
04:19:52,000 --> 04:19:59,840
fundraising effort that we can continue
to use for all future projects. Jake

2044
04:19:57,439 --> 04:20:04,239
Lingo and Dne, if everybody could please
give a clap for them. They have worked

2045
04:20:02,159 --> 04:20:08,279
so incredibly hard on this. I am proud
to know you and thank you.

2046
04:20:09,120 --> 04:20:15,680
» Thank you, Alicia.
One more.

2047
04:20:13,840 --> 04:20:22,319
» Those are all the raised hands. Okay,
that ends public comment. Brings back up

2048
04:20:18,399 --> 04:20:26,159
to council. Who wants to go first?
>> Okay.

2049
04:20:23,840 --> 04:20:32,399
Um, so obviously I've been pushing since
I got on council to get this project

2050
04:20:28,239 --> 04:20:38,399
forward. So I'm a big hearty yes. And um
I I I'm hoping that we're going to be

2051
04:20:34,960 --> 04:20:44,560
able to find some cost savings um some
time savings. Um it would be great to

2052
04:20:40,720 --> 04:20:48,319
have this open um as early as possible.
That's all I'm going to say. But

2053
04:20:46,000 --> 04:20:54,239
anywhere we can can shave a couple weeks
off here and there, it's going to add up

2054
04:20:50,080 --> 04:20:58,960
to to being um so uh and then also
fundraising. Um I know I've already

2055
04:20:57,120 --> 04:21:03,840
talked to some about that. It would be
great if we could um move towards having

2056
04:21:01,920 --> 04:21:10,479
a more robust
uh way of uh finding dollars for this.

2057
04:21:07,040 --> 04:21:14,159
But um I think regardless if city ends
up paying for this or we are able to be

2058
04:21:12,560 --> 04:21:18,560
successful and get some fundraising,
we're not going to regret um this

2059
04:21:16,239 --> 04:21:21,920
improvement. Having those shipping
containers that are out there and

2060
04:21:20,000 --> 04:21:27,279
portable restrooms are the last thing
that we need uh when we're trying to

2061
04:21:24,479 --> 04:21:31,680
encourage residents to rebuild here. uh
we need to have something that is

2062
04:21:28,960 --> 04:21:36,800
attractive and that you know families
when they're looking at homes and

2063
04:21:34,000 --> 04:21:41,920
they're looking to build here. These
amenities are really important and

2064
04:21:39,600 --> 04:21:46,239
having something that shows value in our
community is going to show our residents

2065
04:21:44,159 --> 04:21:52,560
that we value them and we want to
encourage them to be here. So I'll even

2066
04:21:48,800 --> 04:21:58,880
make a motion to um
move this forward. So it's

2067
04:21:56,399 --> 04:22:05,840
what is it? Review and approve the
Malibu Bless Park snack check and part

2068
04:22:00,720 --> 04:22:09,520
enhancement project um for final
preliminary design and I don't know why

2069
04:22:08,000 --> 04:22:15,520
I'm not putting my glasses on. What a
crazy person. Um and then uh yeah direct

2070
04:22:13,199 --> 04:22:21,800
staff to find other um funding sources
for it. So my motion is the recommended

2071
04:22:18,000 --> 04:22:21,800
action by staff.

2072
04:22:22,319 --> 04:22:29,840
Somebody want to second that?
>> Uh, I've got some recommendations to it,

2073
04:22:26,960 --> 04:22:32,640
but I'm supportive. If I could uh maybe
have the mic for a minute here.

2074
04:22:31,439 --> 04:22:35,120
» You can have the mic for as long as you
need, but are you making a second or you

2075
04:22:34,399 --> 04:22:38,640
just speaking?
>> Uh, speaking in a second will come up.

2076
04:22:37,439 --> 04:22:42,560
I'm going to need to amend it a little
bit, I think, and see if Mariana will go

2077
04:22:41,680 --> 04:22:47,279
along.
>> First off, Andy, uh, I I'm right there

2078
04:22:45,439 --> 04:22:51,279
with you. I look back on that picture
and I remember what it was like when I

2079
04:22:48,560 --> 04:22:55,199
was a kid except uh having a water
fountain was really a garden hose and

2080
04:22:53,520 --> 04:22:59,840
you ran it for a while to get the water
cool. But that's the way it was then and

2081
04:22:58,479 --> 04:23:04,640
I don't know better or worse that's not
the way we are now. Uh although I

2082
04:23:02,159 --> 04:23:10,159
survived as that seems so don't think it
kills you. Uh I love the design and I

2083
04:23:08,479 --> 04:23:15,199
applaud the consensus that went into
building putting this before us tonight.

2084
04:23:12,720 --> 04:23:18,800
Um costsaving considerations as well. I
I could feel the conversations as you

2085
04:23:17,520 --> 04:23:21,760
guys were talking about it. Well, let's
take a little bit out of here. Let's

2086
04:23:19,840 --> 04:23:26,800
take a little bit out of there. It It's
absolutely wonderful what you guys have

2087
04:23:23,920 --> 04:23:31,840
done. And this is a solution that's long
term. Uh this isn't about next week or

2088
04:23:29,600 --> 04:23:36,960
next day. And it's like our skate park.
It's a it's a investment in our kids.

2089
04:23:34,479 --> 04:23:41,120
It's investment in our park system. And
these will be here forever. Uh and I

2090
04:23:39,279 --> 04:23:44,800
talk about making decisions on this DAS
that last a hundred years. This is one

2091
04:23:42,960 --> 04:23:48,960
of those ones. You look at the parks
that are there and Jake and John and

2092
04:23:46,720 --> 04:23:53,359
Heather, you guys have have taken over
the mantle for today, but there's 60 70

2093
04:23:51,359 --> 04:23:56,800
years of history on this. There'll be 60
or 70 years history going forward and

2094
04:23:55,279 --> 04:24:02,080
we've got to invest wisely and make sure
it works. Um, and honestly, if it was

2095
04:24:00,640 --> 04:24:06,000
only the snack shack, it'd be the most
expensive hot dog stand in America. But

2096
04:24:04,239 --> 04:24:11,359
it's far more than that. You pointed it
out very well, and the diagrams are are

2097
04:24:08,239 --> 04:24:17,359
support that. Our issue, though, is
money. Um, I hate to be the the the

2098
04:24:15,199 --> 04:24:22,479
banker up here, but in fact, Joe and I
had a conversation this afternoon about

2099
04:24:19,040 --> 04:24:27,520
this. Um, not just about the skate park,
but the whole city's finances. Um, you

2100
04:24:25,680 --> 04:24:32,399
go back two or three years ago, we were
cashri. We had a $9 million surplus.

2101
04:24:30,080 --> 04:24:38,960
Life was good. Uh, we approved the skate
park and said, "We'll pay for it."

2102
04:24:35,680 --> 04:24:43,920
today with the fire behind us and I'll
go back to Zeviroski who um made his

2103
04:24:42,399 --> 04:24:46,960
comment to an earlier city council
member.

2104
04:24:45,680 --> 04:24:53,680
He was very proud of the fact that he
had a big surplus reserve and Seroski

2105
04:24:50,640 --> 04:25:00,080
goes, "You're one disaster away from
bankruptcy." And he's right. Uh, city of

2106
04:24:57,359 --> 04:25:05,120
Maloo right now is rebuilding the city
that burned and we've got somewhere

2107
04:25:02,239 --> 04:25:09,040
between I'm gonna say 18 to$22 million,
I don't know what the number is right

2108
04:25:06,319 --> 04:25:12,080
now on a non-interest bearing loan to
FEMA.

2109
04:25:10,479 --> 04:25:16,399
» Uh, we have to advance the money and
then they decide if they're going to

2110
04:25:13,199 --> 04:25:20,080
give it back to us. We also don't have
the property tax we had a year ago. We

2111
04:25:18,560 --> 04:25:24,720
don't have the sales tax we had a year
ago. Don't have the transit occupancy

2112
04:25:21,600 --> 04:25:29,520
tax, the hotel tax. So income is down,
expenses are up, especially in support

2113
04:25:26,880 --> 04:25:32,720
of our rebuilding. We're not going to
not support our rebuilding efforts. And

2114
04:25:31,359 --> 04:25:37,760
at the same time, we got to take care of
the town that didn't burn. So I am all

2115
04:25:36,239 --> 04:25:42,479
in favor of this, and I will do
everything I can to get it done. But I'd

2116
04:25:39,840 --> 04:25:46,640
like to maybe put this in a two-step
process.

2117
04:25:44,399 --> 04:25:50,479
We've already got $425,000
in the budget to do the preliminary

2118
04:25:48,640 --> 04:25:55,920
design and permitting, final design. as
I look at the sheet and Kristen or

2119
04:25:52,800 --> 04:25:59,279
whoever uh nod at me or give me the the
stink eye and tell me I'm wrong, but we

2120
04:25:57,920 --> 04:26:04,080
that's going to take us about a year to
get there.

2121
04:26:01,040 --> 04:26:08,640
We have got to have some help to build
this financially. And I'll tell you

2122
04:26:06,880 --> 04:26:13,120
what, you know, top of my mind is, and
I've got my notes down here that I wrote

2123
04:26:10,080 --> 04:26:17,279
on this, um we need to probably get half
the funding for this from donations and

2124
04:26:15,359 --> 04:26:22,560
naming rights.
call it a million five million seven.

2125
04:26:20,720 --> 04:26:25,680
There's money like that around here for
things that need to be done and this

2126
04:26:24,080 --> 04:26:32,720
needs to be done. We've got to find a
way to do it. The city right now doesn't

2127
04:26:29,199 --> 04:26:35,920
have a spare million7 but hopefully we
can get some money back from FEMA, get

2128
04:26:34,479 --> 04:26:39,359
the reserves built back up. And that's
really what I'm talking about it. We've

2129
04:26:37,680 --> 04:26:43,359
got to have these reserves to protect
our bond rating and our credit rating.

2130
04:26:41,840 --> 04:26:48,800
We have almost a hundred million dollars
in debt in this city. That's what we use

2131
04:26:46,800 --> 04:26:53,680
to buy all these parks and buy buildings
and everything else. We're still paying

2132
04:26:50,000 --> 04:26:58,000
off the the beginner house in effect.
So, we've got to raise some money here

2133
04:26:55,520 --> 04:27:02,560
to take care of this and we got ahead of
our reserves. So, I'd like to make a

2134
04:27:00,000 --> 04:27:08,159
motion to support Mary going with me.
Let's fully support the design uh

2135
04:27:05,920 --> 04:27:15,520
planning and approvals and engineering
for the $425,000.

2136
04:27:10,960 --> 04:27:21,040
bring this back um at a future date and
I don't know how we want to want to do

2137
04:27:17,199 --> 04:27:25,199
that to confirm the funding. You know,
where where are we at? Where can we find

2138
04:27:22,720 --> 04:27:31,520
the money and and
basically enlist the staff and the

2139
04:27:28,080 --> 04:27:35,680
citizenry and the council to see where
we can come up with the money to build

2140
04:27:32,880 --> 04:27:40,399
this puppy. This is as important as
anything else we do. And it is critical

2141
04:27:38,319 --> 04:27:45,040
that we get it done, but we don't have
the dollars right now. I I hate, you

2142
04:27:42,960 --> 04:27:49,120
know, town is wealthy as Malibu. Hate to
say we're going to need to 10 cup, but

2143
04:27:46,720 --> 04:27:52,575
we need the 10 cup. And we got to go
find some money to make this work.

2144
04:27:50,880 --> 04:27:57,680
That's my opinion. And Maryanne,
[clears throat] I I hearing my story and

2145
04:27:55,279 --> 04:28:03,520
hearing my tale. What can we do to to
amend your uh uh motion? And I'm glad to

2146
04:28:00,960 --> 04:28:08,080
second it. Could you put the timeline
back up, please?

2147
04:28:06,239 --> 04:28:14,880
Thank you.
I I hear what you're saying and I do

2148
04:28:10,000 --> 04:28:21,920
like um the idea of it and um maybe that
will also help spur um if we have a

2149
04:28:18,239 --> 04:28:27,720
deadline for fundraising uh to get our
community motivated. I just don't want

2150
04:28:24,720 --> 04:28:27,720
to

2151
04:28:28,399 --> 04:28:34,880
I'm just kind of trying to think that if
we I want to bring this back as quickly

2152
04:28:32,560 --> 04:28:39,120
as possible, but is what's a reasonable
time frame?

2153
04:28:36,640 --> 04:28:43,439
City manager maybe you can also help me
with I mean to bring it back for kind of

2154
04:28:42,159 --> 04:28:49,760
a [clears throat] goal setting time
frame of it. Yeah, if I'm looking at

2155
04:28:45,279 --> 04:28:55,359
this uh Kristen and uh Nathaniel correct
me, but the final engineering is 10

2156
04:28:52,239 --> 04:28:59,680
weeks and that's scheduled in quarter 4
of 26.

2157
04:28:57,520 --> 04:29:03,199
We would want to come back before then
because we're going to need funding to

2158
04:29:01,680 --> 04:29:08,800
do that work.
>> Okay.

2159
04:29:05,520 --> 04:29:13,760
» 425,000 doesn't cover the engineering.
No, it just gets us through the planning

2160
04:29:10,399 --> 04:29:18,080
commission approval and the CDP, but not
final construction documents.

2161
04:29:15,600 --> 04:29:23,840
» Well, we've got it.
>> Excuse me. Uh, it does get us through

2162
04:29:20,560 --> 04:29:28,880
final engineering. Uh,
>> so we're looking at the item before.

2163
04:29:26,880 --> 04:29:32,800
» Yeah. So, can I
>> Sure.

2164
04:29:29,199 --> 04:29:36,000
» My understanding of this proposal um was
that we're not approving financing.

2165
04:29:34,800 --> 04:29:40,399
We're not being asked to approve
financing tonight at all. We're being

2166
04:29:37,920 --> 04:29:47,359
asked to approve the concept basically
of moving forward with the preliminary

2167
04:29:43,359 --> 04:29:54,800
design and um permitting not permit and
the final design and it will not come

2168
04:29:50,880 --> 04:29:58,479
back to us for a year for approval close
to a year for approval of the actual

2169
04:29:56,640 --> 04:30:03,439
project which would include the
necessity to approve a budget going to

2170
04:30:00,640 --> 04:30:07,040
payment. um there's ample opportunity
for the city to find sources of

2171
04:30:05,359 --> 04:30:11,920
financing in that schedule that's
already there. And if the city can't

2172
04:30:10,159 --> 04:30:15,040
find sources for financing, which I
don't think is likely to occur, then

2173
04:30:13,760 --> 04:30:18,319
we'll have to make the hard decision of
how much of the city's money do we want

2174
04:30:16,479 --> 04:30:22,479
to budget for this. Actually, I don't
think it will be a hard decision. But um

2175
04:30:20,800 --> 04:30:27,040
I don't think it's necessary to amend
the motion because the the motion isn't

2176
04:30:24,800 --> 04:30:31,439
to approve any payment at this point in
time. The motion is simply to approve

2177
04:30:29,199 --> 04:30:34,800
the plan to go forward which still
depends upon our approving the financing

2178
04:30:33,120 --> 04:30:39,120
at some future date.
>> I I agree with that and uh I think if we

2179
04:30:37,279 --> 04:30:45,199
could maybe set a hard deadline. I like
the idea of a goal setting on this um

2180
04:30:42,239 --> 04:30:49,439
and I don't know how we are going to uh
staff both a financing

2181
04:30:47,760 --> 04:30:55,279
option for where the city's money comes
from and then trying to work on naming

2182
04:30:52,319 --> 04:30:57,920
rights and donations. But um we do need
to have a robust effort on both of those

2183
04:30:56,960 --> 04:31:01,680
to make this work.
>> Yeah. Would that be I'm sorry. Go ahead.

2184
04:31:00,080 --> 04:31:05,439
» And I just think this is one of the most
important things we'll do this year uh

2185
04:31:03,840 --> 04:31:09,199
as far as getting getting things
started. Uh and we've got to we've got

2186
04:31:07,359 --> 04:31:14,720
to protect our rebuilding, but we've
also got to protect this aspect.

2187
04:31:12,479 --> 04:31:17,199
» So, so far we have a motion and a
request to amend it. Where do we stand

2188
04:31:16,720 --> 04:31:21,199
on that?
>> Well, are you still requesting to amend

2189
04:31:19,359 --> 04:31:23,199
it or are you just seconding it as it
is? We're just going to approve the

2190
04:31:22,640 --> 04:31:26,000
design
>> microphone.

2191
04:31:24,880 --> 04:31:28,880
» We're just going to approve the design
and the 425,000. I'm all in. I'm with

2192
04:31:28,399 --> 04:31:31,760
you.
>> Okay.

2193
04:31:29,439 --> 04:31:35,520
» The 425 is I think already approved. So,
it's just continuing the the path.

2194
04:31:33,920 --> 04:31:38,880
» Okay. So, we have a motion, a second.
Um, further discussion. Who Who else

2195
04:31:37,520 --> 04:31:41,880
wants to speak?
>> Steve.

2196
04:31:42,960 --> 04:31:50,560
» I I understand the need for a project,
excuse me, a project like this.

2197
04:31:48,800 --> 04:31:55,359
And I'm with I grew up in Rome, New
York, and any given day in the summer, I

2198
04:31:53,120 --> 04:32:00,000
could get on my bicycle, drive around
the city, and get into a baseball game.

2199
04:31:58,479 --> 04:32:05,439
Uh they were always there. As long as
you weren't a spaz, they let you play.

2200
04:32:02,159 --> 04:32:09,840
Uh and it was now and you it was a
baseball town. The commissioner of

2201
04:32:07,279 --> 04:32:13,040
baseball came from Rome, New York. I
mean, with those there's a lot of

2202
04:32:11,120 --> 04:32:17,439
baseball being played there. So, I am in
favor of trying to put something

2203
04:32:14,880 --> 04:32:22,560
together that makes it better for the
children here in Malibu to use that. Let

2204
04:32:19,680 --> 04:32:26,960
me make a couple suggestions.
And I spoke to Rob Dau about this a

2205
04:32:24,960 --> 04:32:31,840
while back.
Malibu High School has got these

2206
04:32:29,359 --> 04:32:35,600
classrooms that they're tearing apart
and they're going to throw them out.

2207
04:32:34,000 --> 04:32:41,920
These classrooms come with eight
bathrooms. Uh they're in great shape.

2208
04:32:40,080 --> 04:32:45,840
Uh, and I suggested maybe it's worth
trying and they're giving them away. If

2209
04:32:44,239 --> 04:32:50,479
someone doesn't take them, they're going
to throw them out. So, I suggested that

2210
04:32:48,399 --> 04:32:55,840
maybe we should take a look at those and
see if maybe bringing one or two of

2211
04:32:52,080 --> 04:33:00,319
those in can give us a a jump start in
getting this stuff done, this project

2212
04:32:57,840 --> 04:33:03,120
done. Uh, and they save you a few bucks.
I think it, you know, you can make it

2213
04:33:01,760 --> 04:33:10,160
look as good as what we're planning
here, uh,

2214
04:33:05,760 --> 04:33:14,799
and save some money. So, I I hope
somebody is taking a look at that. Uh

2215
04:33:12,240 --> 04:33:20,160
because to have these these classrooms
just get thrown out and not used, I

2216
04:33:17,199 --> 04:33:25,279
think is a mistake. Uh that said, and I
agree with everything Doug said, money

2217
04:33:22,160 --> 04:33:29,600
is the issue right now. Now, I assume
who's going to who's going to be the

2218
04:33:27,600 --> 04:33:34,400
fundraising arm to get this thing going?
Do we anybody identify who's going to do

2219
04:33:31,760 --> 04:33:41,920
that? Kristen?
Uh yes, I am working with our city

2220
04:33:37,119 --> 04:33:47,520
manager on a plan um to bring forth some
ideas for fundraising efforts. We are

2221
04:33:44,561 --> 04:33:52,561
taking a book out of uh city of South
Lake Tahoe. Um so I will be meeting with

2222
04:33:49,840 --> 04:33:57,680
those staff members next week to to talk
about a plan of moving forward with

2223
04:33:54,719 --> 04:34:02,639
fundraising, a foundation of some sort.
>> And I agree with Doug. I mean I think

2224
04:33:59,199 --> 04:34:07,119
you guys you start early and do it
often. I mean, there's

2225
04:34:05,439 --> 04:34:11,520
we talked about getting the FEMA money
back. Uh, I don't know if you've

2226
04:34:09,279 --> 04:34:16,480
listened to the news. Donald Trump
doesn't particularly have Malibu next to

2227
04:34:13,439 --> 04:34:20,639
his heart. Uh, so that money may not be
showing up in the very near future. So,

2228
04:34:18,639 --> 04:34:23,600
you know, do what you can to raise as
much as you can because I think when we

2229
04:34:22,480 --> 04:34:27,520
get to the end of it, you're going to
need it. So, I will support the motion

2230
04:34:25,680 --> 04:34:33,199
so far.
>> Yeah. Well, I'm all for community and

2231
04:34:30,480 --> 04:34:38,320
youth and uh seniors as well and
animals. So, I support the idea of all

2232
04:34:35,920 --> 04:34:41,439
of this. I just have a lot of I still
have questions and I don't know if the

2233
04:34:39,680 --> 04:34:46,080
ad hoc has to come back together with
maybe the parks ad hoc. Um I'm still

2234
04:34:44,240 --> 04:34:50,719
supportive of it, but you know, it's
great to have the first lady here, but

2235
04:34:48,719 --> 04:34:56,400
when the first lady's kids grow up, who
is going to man like is there a plan for

2236
04:34:53,279 --> 04:35:00,400
who mans this snack shack? Is it parent
and volunteer? because I know that

2237
04:34:58,480 --> 04:35:05,039
parents and volunteers move on. So, is
it a concession contract and then we

2238
04:35:02,799 --> 04:35:08,799
have to have a contract with there's
just I feel like there's still some

2239
04:35:06,400 --> 04:35:12,719
nuance that I need to understand. I do
like Andy Lion's old snack shack. I

2240
04:35:11,199 --> 04:35:16,719
think it's charming and it also doesn't
block the view. I've said this so many

2241
04:35:15,119 --> 04:35:22,799
times. I want to drive to the bluffs and
see ocean and not storage units. Um I

2242
04:35:21,119 --> 04:35:27,199
don't know why the storage units haven't
been moved already. So, like in the

2243
04:35:25,520 --> 04:35:33,279
meantime, it would be great to visualize
that space. Those storage units are

2244
04:35:30,080 --> 04:35:37,199
rusty and old and run down. I I think if
they're empty, let's just remove them

2245
04:35:34,719 --> 04:35:40,240
and put some money into removing them.
Whatever happens, you can't What's

2246
04:35:39,039 --> 04:35:43,359
inside of them?
>> Baseball,

2247
04:35:41,119 --> 04:35:45,119
» all the equipment from I I got it. There
we go.

2248
04:35:44,719 --> 04:35:49,760
» Okay.
>> So, there's a city uh storage in there.

2249
04:35:47,840 --> 04:35:57,119
And then the little league has their
equipment for um the field maintenance.

2250
04:35:54,080 --> 04:36:01,680
Um one of them has the the snack shack
equipment and things that are stored

2251
04:35:58,959 --> 04:36:05,760
there when um season's in place.
>> Yeah.

2252
04:36:03,199 --> 04:36:10,639
Um
yes. I don't want to labor all my

2253
04:36:08,561 --> 04:36:15,680
questions about food trucks because I'm
sure you guys looked into food trucks.

2254
04:36:13,600 --> 04:36:19,359
Um,
yeah. It's, you know, I want to spend

2255
04:36:18,000 --> 04:36:24,000
money. I want to be up here and be like,
"Yeah, let's do it." But it, it's also

2256
04:36:21,199 --> 04:36:28,320
hard because we have, does the city do
any match funds? Like when you fund

2257
04:36:25,600 --> 04:36:34,320
raise, do you do a matching
which a lot of We don't have anything um

2258
04:36:32,400 --> 04:36:38,561
in line yet.
>> Um, so that would be something we would

2259
04:36:36,160 --> 04:36:44,160
look into.
Okay.

2260
04:36:40,080 --> 04:36:48,959
Um, okay. I have questions about the
concession air and how this is going to

2261
04:36:47,119 --> 04:36:54,480
operate. You know, we also have the Ike
lot which has two regulation size soccer

2262
04:36:51,520 --> 04:36:58,240
fields. Um I also want to know how much
that's going to cost. So it's hard for,

2263
04:36:56,719 --> 04:37:04,080
you know, I'm glad we're not doing the
funding tonight because there's those

2264
04:37:00,240 --> 04:37:09,680
questions about the nursery that we
approved with for nature uh native

2265
04:37:07,359 --> 04:37:13,119
plants.
Do you have to have a food permit for

2266
04:37:11,279 --> 04:37:17,119
this?
Yes, ma'am. We have to We go through LA

2267
04:37:15,279 --> 04:37:20,160
County Health Department to get all the
permitting.

2268
04:37:18,561 --> 04:37:24,879
» Does that cost money every year?
>> Yes, it does.

2269
04:37:21,359 --> 04:37:30,400
» Okay. All right. Well, I'm super into
supporting the youth and making Malibu

2270
04:37:27,439 --> 04:37:34,639
uh memories. I would love to know about
the timeline for the AIO soccer fields,

2271
04:37:33,119 --> 04:37:37,920
but we're not really talking about money
tonight. And I'm excited to hear about

2272
04:37:36,320 --> 04:37:42,160
what you might have in store that South
Lake Tahoe did for funding for parks.

2273
04:37:40,799 --> 04:37:46,879
So, it's not always on the city of
Melbourne. Thank you.

2274
04:37:44,561 --> 04:37:50,320
» All right. Thanks, Alan. So, if you want
to get something approved, bring the

2275
04:37:48,160 --> 04:37:56,320
kids in. Right.
>> Thank you all for speaking. You're

2276
04:37:51,920 --> 04:38:01,600
great. Um, I was super supportive of
getting a temporary snack shack in there

2277
04:37:58,561 --> 04:38:06,000
when it was necessary along with Miriam.
And, um, I was supportive of moving this

2278
04:38:04,320 --> 04:38:09,680
forward with all elacrity. I can't
believe it's taken us as long to get to

2279
04:38:07,680 --> 04:38:14,080
where we are. And we still have a long
road ahead. Sounds like um the cost is

2280
04:38:12,719 --> 04:38:17,520
somewhat shocking to me. I really
thought we were looking when we first

2281
04:38:15,760 --> 04:38:22,561
approved going forward at hundreds of
thousands of dollars, possibly low 1

2282
04:38:20,160 --> 04:38:25,119
million. I this number is startling to
me. In fact, there was a slide said

2283
04:38:24,000 --> 04:38:28,799
starting price. I thought it said
startling price, but then I read it more

2284
04:38:26,561 --> 04:38:33,920
carefully. Um but it is startling. But
you know, I I'm less concerned I think

2285
04:38:31,119 --> 04:38:37,279
than others up here about um the city's
finances. They're going to come back and

2286
04:38:36,160 --> 04:38:40,639
they're going to be fine. I mean, look,
I've said this before. If we have

2287
04:38:38,639 --> 04:38:45,119
another disaster, doesn't matter that we
saved money because we're saving it for

2288
04:38:42,639 --> 04:38:49,359
our creditors. And um if we don't have
another disaster, then we've not spent

2289
04:38:47,520 --> 04:38:52,959
money for no good reason if we're if
we're holding it just because we're

2290
04:38:50,639 --> 04:38:57,279
worried about another disaster. So um
this is an important community amenity.

2291
04:38:55,119 --> 04:38:59,840
It's um we haven't done move forward
with any of the other community

2292
04:38:58,320 --> 04:39:03,279
amenities that we've been talking about
for years and years and years. Actually,

2293
04:39:02,000 --> 04:39:06,240
we we've moved forward with one, the
skate park. That's also been more

2294
04:39:04,959 --> 04:39:09,039
expensive than anyone thought it would
be, but it's it looks like it's going to

2295
04:39:07,439 --> 04:39:12,400
be a great improvement for the for the
kids and for the community. So, I'm

2296
04:39:10,799 --> 04:39:16,879
super supportive of this. I think we
need this. Um I wish there were a way to

2297
04:39:14,561 --> 04:39:20,400
do it less expensively. It I can't
believe we publish what we think things

2298
04:39:18,719 --> 04:39:24,561
are going to cost and then we go out and
ask people to pay to bid it. So, we kind

2299
04:39:23,199 --> 04:39:29,119
of set the floor already. It's
ridiculous the way that this works.

2300
04:39:26,320 --> 04:39:36,000
Government is not meant for um money
saving. Um, but I'm going to support

2301
04:39:32,400 --> 04:39:40,320
this. Um, I I I have an a nent idea
about a way to do this less expensively

2302
04:39:38,480 --> 04:39:43,680
without changing a thing, but it's
premature to talk about that publicly,

2303
04:39:41,920 --> 04:39:50,718
but I'm going to talk to the staff about
that um over the coming week. Um, but I

2304
04:39:47,440 --> 04:39:53,920
I support this and um I would have
supported that if we were approving the

2305
04:39:52,320 --> 04:39:58,878
money tonight, subject to getting it
back in ways that we can look into, but

2306
04:39:55,840 --> 04:40:00,878
if not, not not. But so does anybody
have any further comments before we take

2307
04:40:00,160 --> 04:40:06,400
a vote on this?
>> I just have a question. Has anybody from

2308
04:40:02,878 --> 04:40:09,360
the city looked into um the trailers
that Steve's talking about? Because I

2309
04:40:07,680 --> 04:40:14,798
know Kevin Keegan brought it up at a few
meetings.

2310
04:40:10,718 --> 04:40:22,000
» Thank you for the question. I I have and
um in just a quick email chain with the

2311
04:40:18,320 --> 04:40:27,680
school district um those trail the
portable classrooms have to be removed

2312
04:40:24,080 --> 04:40:32,718
by March 30th of this of this year. So
at the end of the month uh there is

2313
04:40:30,000 --> 04:40:39,040
costs related to transporting them and
getting them off the site that the city

2314
04:40:35,200 --> 04:40:44,400
would be responsible for. Um, so that
just means we would have to store them

2315
04:40:41,840 --> 04:40:48,400
for for a [snorts] bit. Um, I don't
think they're

2316
04:40:46,240 --> 04:40:53,440
I get I think I could talk to Little
League, but a modification to um a

2317
04:40:51,680 --> 04:40:59,920
classroom to have like a rollup gate
would probably be [snorts] an expense as

2318
04:40:55,680 --> 04:41:02,160
well. So, um, that was the information I
received.

2319
04:41:00,320 --> 04:41:07,360
» Thank you. I wasn't sure if we were you
wanted to put them at Heathercliffe or

2320
04:41:04,000 --> 04:41:11,520
Ioke for now sort of because we don't
have to store them but they're there if

2321
04:41:09,120 --> 04:41:16,798
you we decide to do that and I was also
hoping that we could have like actual

2322
04:41:12,878 --> 04:41:24,080
renderings more. Um so I could kind of
understand it better because it's not

2323
04:41:20,160 --> 04:41:30,400
like inspiring to look at that. Um, and
then also to Andy Conrad's Point, Lion's

2324
04:41:28,160 --> 04:41:34,638
Point. Um, how many bathrooms in that
area will we have? Because I know we

2325
04:41:32,080 --> 04:41:38,400
need bathrooms. You've got
uh the Bluff's Michael Landon, which is

2326
04:41:36,400 --> 04:41:43,680
kind of further away, and zero at the
skate park now, or there is a restroom

2327
04:41:41,920 --> 04:41:48,798
facility at the skate park. There are
two genderneutral restrooms at the skate

2328
04:41:46,160 --> 04:41:56,560
park. This facility at the snack shack
will have two women's and two men's. Um,

2329
04:41:52,400 --> 04:42:03,680
if I remember correctly, there are six
inside the uh Michael Lannon Center.

2330
04:42:00,320 --> 04:42:08,878
» There I did speak to Little League about
um the restrooms across the street.

2331
04:42:06,638 --> 04:42:14,400
There are concerns. It was regarding
safety and children crossing uh the road

2332
04:42:12,638 --> 04:42:20,560
if they need to use the restroom at the
skate park. So, this was the best idea

2333
04:42:18,080 --> 04:42:23,040
moving forward just as far as proximity
to the baseball fields, keeping children

2334
04:42:22,480 --> 04:42:26,638
safe,
>> right? I don't know if you know the

2335
04:42:24,480 --> 04:42:30,000
answer to this, but when the money comes
in for the bluff burger, who gets that

2336
04:42:28,958 --> 04:42:32,958
money?
>> It goes back to

2337
04:42:31,120 --> 04:42:36,320
» Little League. Okay. And then when
Little League's not operating the snack

2338
04:42:34,718 --> 04:42:40,400
shack and the first lady's not in the
kitchen, who is operating the snack

2339
04:42:38,878 --> 04:42:45,040
shack so that there can be additional
funds to make it more worth it? There's

2340
04:42:42,480 --> 04:42:50,400
nobody operating it. So right now no one
is operating it there. You had mentioned

2341
04:42:48,000 --> 04:42:55,360
um LA County Health Department. Uh when
they permit the facility, it is only for

2342
04:42:53,120 --> 04:42:58,240
Malibu Little League to use that
facility.

2343
04:42:56,160 --> 04:43:07,280
» So that's three months out of the year.
>> Um they begin in March. It's 3 to 4. Um

2344
04:43:03,040 --> 04:43:12,560
and we do rent the required sink. Um
that is part of the snack check as well.

2345
04:43:10,080 --> 04:43:19,200
So, it's closed the rest of the year for
the skate park. So, there's no dip in

2346
04:43:15,120 --> 04:43:22,718
dots anyway for glider. Okay. Maybe
that's something that we could think

2347
04:43:20,480 --> 04:43:25,600
about to make it a little bit more worth
a while.

2348
04:43:23,440 --> 04:43:29,360
» Yeah, I think once we have a permanent
facility, it'll be used u more often

2349
04:43:28,320 --> 04:43:33,160
than it is now.
>> Okay, great. Thank you.

2350
04:43:33,680 --> 04:43:39,040
» One last thing. It was so good to see
all the young girls here tonight for

2351
04:43:37,680 --> 04:43:43,440
Little League. I mean, you know, when I
was a child, if I if there was a event

2352
04:43:41,760 --> 04:43:47,760
like this and the little league's
children showed up, it would have been

2353
04:43:44,638 --> 04:43:51,360
all boys and it was so nice to see. And
you know, one day you'll see a woman

2354
04:43:49,440 --> 04:43:55,840
president of this country and it's a
shame we don't right now because we

2355
04:43:52,560 --> 04:43:59,638
wouldn't be at war with the world.
>> Are we ready to vote?

2356
04:43:59,760 --> 04:44:04,958
» Okay. You want to do a voice vote or
just acclamation?

2357
04:44:03,120 --> 04:44:08,160
» Kelsey shaking her head. Do a single
vote. Okay. Why don't you call the call

2358
04:44:07,280 --> 04:44:10,958
the question?
>> Do you'd like a roll call? Council

2359
04:44:09,680 --> 04:44:13,040
member Rigggins?
>> Yes.

2360
04:44:11,920 --> 04:44:14,798
» Council member Stewart?
>> Yes.

2361
04:44:13,600 --> 04:44:17,360
» Council member Conrad?
>> Yes.

2362
04:44:15,760 --> 04:44:18,958
» Mayor Promarine?
>> Yes.

2363
04:44:17,840 --> 04:44:21,440
» Mayor Silverstein?
>> Absolutely. Yes.

2364
04:44:19,680 --> 04:44:25,160
» Motion carries.
>> Okay. Thank you all.

2365
04:44:30,320 --> 04:44:35,600
» Mayor, your microphone is off. If you're
speaking,

2366
04:44:32,400 --> 04:44:40,878
» turn it off. Okay. It's now 9:19 and we
are only up to city council member

2367
04:44:38,160 --> 04:44:44,798
reports. I'm going to ask that council
members try to keep these as brief as

2368
04:44:42,638 --> 04:44:52,080
possible. I'm going to forego mine
altogether. Who would like to go first?

2369
04:44:48,958 --> 04:44:58,080
» Um I'll go really quick. Um I attended a
clean power alliance meeting last week

2370
04:44:54,798 --> 04:45:04,000
and um since our city is with clean
power alliance and they have been so

2371
04:45:00,240 --> 04:45:10,718
successful in uh negotiating contracts
with uh solar and wind throughout the

2372
04:45:07,600 --> 04:45:17,040
region. Um we're kind of shifting into a
new dynamic as far as when power is

2373
04:45:13,120 --> 04:45:22,480
available. Um there is a an abundance of
power available during the day. So, it

2374
04:45:19,760 --> 04:45:28,638
used to be that you faced higher rates
for using your electrical during the

2375
04:45:24,958 --> 04:45:34,718
daytime. Now, with the abundance of uh
clean power, uh you're seeing more

2376
04:45:32,240 --> 04:45:40,320
availability and lower rates. So,
they're encouraging people uh to charge

2377
04:45:38,000 --> 04:45:46,878
your your electric vehicles during the
day um and uh use of other appliances

2378
04:45:44,718 --> 04:45:53,200
and things like that. if you are on the
um the uh daytime use. The Clean Power

2379
04:45:50,878 --> 04:45:59,600
Alliance is also moving forward with a
pilot project to look at time of use um

2380
04:45:57,520 --> 04:46:07,680
and seeing if they can get people
enrolled to um take part in these where

2381
04:46:03,840 --> 04:46:11,360
you would be on a a demand um and uh
just kind of try out see what the rates

2382
04:46:09,520 --> 04:46:16,240
are going to be and things like that.
So, uh look for it in the mail. They're

2383
04:46:14,000 --> 04:46:21,920
picking people at random throughout all
Clean Power Alliance cities, which uh

2384
04:46:19,200 --> 04:46:26,320
are over most of me uh LA County and
Ventura County. Now,

2385
04:46:24,480 --> 04:46:32,160
um but if you are chosen, they'll give
you additional information about how you

2386
04:46:29,360 --> 04:46:36,560
can confirm, you're able to opt out of
the pilot program if you want to and

2387
04:46:34,160 --> 04:46:41,440
still stay with Clean Power Alliance. Uh
but just look, they will be sending out

2388
04:46:38,638 --> 04:46:45,840
mailers to those uh properties that are
selected to take part in the pilot

2389
04:46:43,280 --> 04:46:50,480
program. Not everybody will be selected.
Uh but just keep an eye out for that so

2390
04:46:48,000 --> 04:46:54,320
you can gain that information. But it's
a 12-month program to start with, but

2391
04:46:52,878 --> 04:46:58,958
eventually it may get rolled out
depending on how successful it is. So,

2392
04:46:57,120 --> 04:47:04,080
um, if you have more questions, please
go to Clean Power Alliance, um, and you

2393
04:47:02,400 --> 04:47:09,440
can chat through and they've got a lot
of great information on there and, uh,

2394
04:47:06,878 --> 04:47:14,080
ways to save on power. Okay.
>> And other than that, um, attended a

2395
04:47:11,840 --> 04:47:19,280
couple other meetings, but, uh, just
working on the city stuff.

2396
04:47:16,160 --> 04:47:25,360
» Steve, yeah, I'll try and be equally as
quick. uh these cell towers. Can

2397
04:47:23,840 --> 04:47:29,840
somebody from the city come back to us
and let us know what are our

2398
04:47:27,520 --> 04:47:34,160
responsibilities, what options we have
to sort of look at these things and get

2399
04:47:31,600 --> 04:47:37,040
them approved or or make comments
because these things are going in and

2400
04:47:35,680 --> 04:47:40,320
none of this is coming in front of the
city council. And I think some of the

2401
04:47:38,958 --> 04:47:43,680
comments we heard from the residents
tonight say it should be right. We

2402
04:47:42,240 --> 04:47:47,280
somebody should take a look at what's
going on and making sure it makes sense

2403
04:47:45,680 --> 04:47:50,638
for what we're doing. So, if someone
could get back to me on that, I sure

2404
04:47:48,638 --> 04:47:54,480
would appreciate that. I hope somebody's
going to chase down Melinda Watts. I

2405
04:47:52,240 --> 04:47:59,760
thought her presentation was worth worth
taking a look at. Uh,

2406
04:47:57,440 --> 04:48:04,320
and Mike's app, I don't [clears throat]
know what that is or how it works when

2407
04:48:01,920 --> 04:48:08,400
there's no cell phone power, but if
someone maybe Susan team could take over

2408
04:48:06,400 --> 04:48:14,718
the public safety could look at that and
see if that makes sense. I, you know,

2409
04:48:10,080 --> 04:48:18,718
it's an idea. Uh, I' I've got I used to
live in the Palisades and I I still talk

2410
04:48:17,120 --> 04:48:22,798
to some people back there and one of the
things they're telling me is a lot of

2411
04:48:20,560 --> 04:48:26,400
the residents of the Palisades are
applying for permits and once they get

2412
04:48:25,040 --> 04:48:30,718
their permit they're flipping their
house and they said just be careful

2413
04:48:29,040 --> 04:48:35,680
that's starting to go on. And over the
weekend I saw a posting I think it was

2414
04:48:33,600 --> 04:48:39,120
Brian Merrick where somebody on the
beachside property was doing the same

2415
04:48:37,680 --> 04:48:42,718
thing. They got their permit. They're
trying to to flip it. So, I just think

2416
04:48:41,040 --> 04:48:47,040
we got to be aware of that. And if we
see a lot of this going on, I do think

2417
04:48:45,600 --> 04:48:50,480
we ought to take a look at doing
something about short-term rentals on

2418
04:48:48,638 --> 04:48:54,798
the beach because if enough of these
things are flipped over, it just could

2419
04:48:52,160 --> 04:48:58,798
be investors coming in, picking them up,
trying to build the the building, and

2420
04:48:56,878 --> 04:49:03,680
turning this place into a, you know, a
motel. So, uh, I hope we keep our eyes

2421
04:49:01,600 --> 04:49:06,560
on that. I certainly will, and as I
learn more, I'll let people know. Thank

2422
04:49:05,200 --> 04:49:08,958
you, Bruce.
>> Thanks, Steve.

2423
04:49:07,280 --> 04:49:10,878
» Thanks, Steve. Halen. Doug, who wants to
go next?

2424
04:49:09,360 --> 04:49:16,000
» I'll go next. Um, following up on
Steve's points, which were very good, I

2425
04:49:13,520 --> 04:49:21,200
um I'd like to propose an infrastructure
resiliency ad hoc to explore water

2426
04:49:18,080 --> 04:49:25,600
solutions, cellular uh these cell towers
that I'm just hearing about uh the

2427
04:49:23,440 --> 04:49:30,878
government bills that keep coming, we
keep coming across, new technology. I

2428
04:49:28,240 --> 04:49:37,120
met with Mike and the app and I asked
them to come to Malibu public comment.

2429
04:49:34,878 --> 04:49:42,080
um things like what Maryann just brought
up and we could work together backup

2430
04:49:40,400 --> 04:49:46,798
batteries
um there's just a lot that's going on

2431
04:49:44,638 --> 04:49:52,080
and so I think it would be really
helpful to have a council member ad hoc

2432
04:49:49,200 --> 04:49:57,600
micro grid solar automatic shut off
valves keep coming up do we have a code

2433
04:49:54,400 --> 04:50:01,040
for that is it in our codes
>> for water or gas

2434
04:49:59,120 --> 04:50:02,320
» for water like we talked about in the
zone captains

2435
04:50:01,840 --> 04:50:07,200
» no
>> no so it would be sort of an exploration

2436
04:50:04,638 --> 04:50:12,958
Do I have council consensus to bring
back an item about a council member ad

2437
04:50:10,560 --> 04:50:17,120
hoc proposing an infrastructure
resiliency ad hoc?

2438
04:50:15,520 --> 04:50:20,718
» So all you're asking for is consensus to
have an item to discuss whether to

2439
04:50:19,280 --> 04:50:23,440
appoint an ad hoc.
>> Well, or just we can't we can't do it

2440
04:50:22,798 --> 04:50:26,798
today. So
>> we will come back and discuss that.

2441
04:50:25,840 --> 04:50:28,480
» I'll support that.
>> Thank you.

2442
04:50:27,840 --> 04:50:32,160
» Anything else?
>> I'll support it as well.

2443
04:50:30,798 --> 04:50:33,920
» Okay.
>> Sure.

2444
04:50:32,798 --> 04:50:37,200
» Okay. You got that.
>> Thank you.

2445
04:50:35,120 --> 04:50:41,040
» Um, okay. The 5G towers. I'd like to
learn everything I can. I don't know how

2446
04:50:38,878 --> 04:50:48,240
they're putting up things on the polls
without CDPs or kind of going through

2447
04:50:44,160 --> 04:50:53,600
the city for that. Um, graffiti.
Do we have any mechanism as a city

2448
04:50:50,160 --> 04:51:00,160
council to enforce graffiti on private
property? Because that is all over PCH

2449
04:50:57,040 --> 04:51:03,200
and it's really people are not I mean
wanting to live here or move here. It's

2450
04:51:01,920 --> 04:51:08,000
a constant reminder. We're getting
emails from people, residents.

2451
04:51:06,400 --> 04:51:12,798
» No, I got the email also. I think the
rule was that we we have asked those

2452
04:51:10,638 --> 04:51:17,040
residents to fill out one of the forms
that allow the sheriff to go onto their

2453
04:51:14,638 --> 04:51:21,600
property. Right. And if we go if if that
is completed, the sheriff's able to make

2454
04:51:19,120 --> 04:51:24,878
sure whoever's doing this tagging, they
can get him to stop it. Without doing

2455
04:51:23,200 --> 04:51:27,040
that, the sheriff can't go on the
property and do anything and the city

2456
04:51:26,160 --> 04:51:28,240
can't do anything.
>> Well, sheriff,

2457
04:51:27,600 --> 04:51:31,920
» private property.
>> Sheriff has to catch him in the act. I

2458
04:51:29,840 --> 04:51:34,878
think you're are you qu asking more
about removal of the graffiti or how to

2459
04:51:33,600 --> 04:51:41,040
stop the graffiti in the first instance
>> city removing the graffiti that's there

2460
04:51:37,680 --> 04:51:47,040
and it's enforcement and going actively
out to the to the homeowners versus the

2461
04:51:44,080 --> 04:51:51,680
sheriff. So I'd be interested in that
and I am done.

2462
04:51:50,798 --> 04:51:56,240
» Doug,
>> um to follow up quickly, I'm going to

2463
04:51:54,080 --> 04:52:02,638
put uh the new city manager on the spot
since he just got here. Uh two things.

2464
04:52:00,080 --> 04:52:08,160
Can you maybe give us some experience on
the cell towers and any recommendations

2465
04:52:04,718 --> 04:52:12,320
on the uh uh graffiti issue?
>> Yes. Uh thanks for the question.

2466
04:52:09,966 --> 04:52:18,400
[clears throat] So what I understand is
back in 2021-22 the city council adopted

2467
04:52:15,600 --> 04:52:21,600
an urgency ordinance uh to address cell
towers. Um

2468
04:52:20,320 --> 04:52:26,480
» I didn't know that
>> the wireless permitting is a very

2469
04:52:24,160 --> 04:52:31,680
rigorous code. uh some have said one of
the most tough in the country. Um even

2470
04:52:30,000 --> 04:52:37,120
though we have these stringent stringent
codes uh the federal law pro allows

2471
04:52:34,798 --> 04:52:42,080
minor upgrades equipment upgrades they
call them consistent with FCC section

2472
04:52:39,760 --> 04:52:47,920
6409.
Uh 31 were approved in the first part of

2473
04:52:45,760 --> 04:52:52,480
this year. Six have been appealed and
that's what we're hearing about tonight.

2474
04:52:50,718 --> 04:52:55,120
» And the appeal process doesn't come to
the council. when it comes to uh hearing

2475
04:52:54,480 --> 04:53:00,240
officer.
>> Yes, sir. Hearings officer.

2476
04:52:58,638 --> 04:53:05,760
» And what about the graffiti? Any
>> the the the fee for the appeal is $725.

2477
04:53:03,600 --> 04:53:10,638
I think you asked about that as well
>> or 750. The graffiti, we are looking

2478
04:53:09,040 --> 04:53:14,958
into that option right now. I've been
talking with code enforcement and

2479
04:53:12,240 --> 04:53:19,040
Yolanda to [snorts] see what um how we
implement that program to make contact

2480
04:53:16,958 --> 04:53:24,000
with the property owners and then fund
the work to be done.

2481
04:53:21,520 --> 04:53:27,120
» Okay. All right. Thank you. I'll try and
be quick, too. Uh, one thing I want to

2482
04:53:25,520 --> 04:53:31,360
point out, and Luca, uh, brought this
up. Uh, one of the architects that does

2483
04:53:29,360 --> 04:53:36,320
a lot of the work here in the city,
>> he's been getting invoices that are

2484
04:53:33,360 --> 04:53:41,120
phony. Uh, those of us that are in
business, we get phony invoices

2485
04:53:38,240 --> 04:53:45,920
periodically, and sometimes you just go,
"Oh, that's for landscaping." And you

2486
04:53:43,600 --> 04:53:51,600
sign off on it because it's only $25 or
$15. You don't necessarily look at it.

2487
04:53:48,160 --> 04:53:55,280
Well, this is serious money. And I got
to tell you, I think there's a special

2488
04:53:52,878 --> 04:54:00,480
place in hell for somebody that tries to
take advantage of somebody whose home

2489
04:53:56,718 --> 04:54:06,798
has been burned out. Um, so quickly what
I'll say is the city doesn't issue email

2490
04:54:03,920 --> 04:54:11,200
bills. Uh, you'll find you'll find them
at the counter. Uh, that's where the

2491
04:54:08,638 --> 04:54:16,480
invoices and payments are made. And if
you have any questions about it, call

2492
04:54:12,798 --> 04:54:19,920
the city. Uh, but this is and I'll quote
him. He says, "I keep receiving these

2493
04:54:18,160 --> 04:54:25,120
emails that to an untrained eye could
appear to be real."

2494
04:54:22,160 --> 04:54:28,480
And there's no way we can stop it, but
we just want you guys, everybody that's

2495
04:54:27,120 --> 04:54:33,040
got a house under construction or
permits or doing business with the city,

2496
04:54:30,400 --> 04:54:39,520
realize that people have managed to
identify this. It's a scam 101. Um,

2497
04:54:36,718 --> 04:54:43,520
Mayor May comment about Zuma uh
underpass. This has been a problem for

2498
04:54:41,680 --> 04:54:47,520
several years. I know I talked to the
city manager about this and we've got to

2499
04:54:46,320 --> 04:54:52,878
figure out a way to get the traffic
flowing on PCH before two things happen.

2500
04:54:50,878 --> 04:54:58,718
One, everybody gets uh stuck out there
and they can't uh uh get into the beach,

2501
04:54:56,480 --> 04:55:01,520
which affects the quality of life for
everybody that's trying to come into the

2502
04:55:00,160 --> 04:55:06,560
city, especially the residents who are
just trying to get home. And also this

2503
04:55:03,840 --> 04:55:10,000
potential traffic accident. Um so we've
got to get beaches and harbors to clear

2504
04:55:08,080 --> 04:55:14,718
this up. It's a matter of removing the
mud and after a big rainstorm and it

2505
04:55:12,958 --> 04:55:22,760
shouldn't take war and peace to get it
done. Um, another thing I want to

2506
04:55:17,600 --> 04:55:22,760
mention, Tranquus Fields. Um,

2507
04:55:22,878 --> 04:55:29,280
I've gotten a copy of the actual
settlement agreement from 2009. The

2508
04:55:27,280 --> 04:55:32,958
Malibu Township Council looks like they
were just trying to facilitate an

2509
04:55:30,560 --> 04:55:36,878
agreement uh with the city. They're not
trying to stop the league play. And I

2510
04:55:35,040 --> 04:55:42,958
want to be very clear about something.
league play is all that's not permitted.

2511
04:55:39,760 --> 04:55:48,400
There are practice uh uh agreements.
People are using that field all the time

2512
04:55:44,480 --> 04:55:51,520
for practice and the parks uh department
is issuing [clears throat] permits to do

2513
04:55:49,840 --> 04:55:55,760
it. All you have to do is contact them.
The sports people know how to do it.

2514
04:55:53,680 --> 04:55:59,680
It's not a question about the practice
fields and we don't have the money to

2515
04:55:57,920 --> 04:56:04,480
turn that into a league play field.
We've got property with one to two uh

2516
04:56:02,878 --> 04:56:08,718
fields to be used. That's where our
money and our emphasis is going to go.

2517
04:56:06,400 --> 04:56:12,638
Tranquets Park is a settled matter. As
far as I'm concerned, they've already

2518
04:56:10,320 --> 04:56:15,680
got uh practice fields there. It's not
it's not an issue. We don't have the

2519
04:56:13,920 --> 04:56:20,638
money or the time to deal with it if
going to league play. We don't need it

2520
04:56:17,120 --> 04:56:26,400
at this point. Finally, um I want to
talk very quickly about code of conduct.

2521
04:56:22,798 --> 04:56:29,840
Uh the mayor and I two years ago came up
with a code of conduct plan in

2522
04:56:27,680 --> 04:56:33,840
association with the staff and I want to
reiterate two parts of it. uh recent

2523
04:56:32,320 --> 04:56:37,520
planning commission meeting and even our
comments at the council level indicate

2524
04:56:36,000 --> 04:56:41,680
we're not following our own code of
conduct and I want to just emphasize two

2525
04:56:40,000 --> 04:56:47,840
points and I'm going to read them very
quickly on page five it says conduct at

2526
04:56:46,320 --> 04:56:51,920
a public meeting and I'm going to read
it it's quickly read city officials are

2527
04:56:50,480 --> 04:56:55,520
expected to prepare themselves for
public issues listen courteously and

2528
04:56:53,680 --> 04:56:59,840
attentively to all public discussions
before the body and focus on the

2529
04:56:57,520 --> 04:57:03,680
business at hand city officials ought to
refrain from interrupting and other

2530
04:57:01,280 --> 04:57:08,160
speakers, making personal comments not
gerine to the business of the body,

2531
04:57:05,920 --> 04:57:11,680
speaking privately with one another or
otherwise interfering with the order of

2532
04:57:09,680 --> 04:57:15,520
conduct of public meetings. City
officials ought to avoid debate and

2533
04:57:13,520 --> 04:57:20,560
arguments with members of the public and
ought to commit to the practice civility

2534
04:57:17,840 --> 04:57:24,638
and decorum discussions and debates.
That's right out of our document. This

2535
04:57:22,878 --> 04:57:29,280
applies not just the council members but
all of our commission members too and

2536
04:57:26,320 --> 04:57:33,680
our volunteers. And fin use of
smartphones, laptops, etc. during

2537
04:57:31,600 --> 04:57:37,280
meetings can be distracting, create the
appearance that officials are not paying

2538
04:57:35,200 --> 04:57:42,240
attention, and can compromise the rights
of those with business before the city.

2539
04:57:39,520 --> 04:57:45,600
In particular, surreptitious
communications regarding the public

2540
04:57:43,680 --> 04:57:50,160
hearing items undermines the integrity
and fairness of the public hearing. I

2541
04:57:47,600 --> 04:57:53,280
hope no one is texting, trying to find
out the the lay of the land, or getting

2542
04:57:51,840 --> 04:57:57,600
comments back and forth during any of
our commission meetings or up here.

2543
04:57:55,440 --> 04:58:01,920
Finally, the last thing is conduct by
city officials. The professional and

2544
04:57:59,920 --> 04:58:05,520
personal conduct of city officials ought
to be above reproach and avoid even the

2545
04:58:03,920 --> 04:58:10,240
appearance of impropriety. This is the
part I want to emphasize. City officials

2546
04:58:08,160 --> 04:58:14,878
should refrain should refrain from
abusive conduct, personal charges, or

2547
04:58:12,958 --> 04:58:20,240
other verbal attacks upon other city
officials, city employees, or members of

2548
04:58:17,040 --> 04:58:24,000
the public. We can take it, but we can't
dish it out. All right? It's a free

2549
04:58:22,878 --> 04:58:27,520
country. You can say whatever you want
to about us, but we've got to keep a

2550
04:58:25,920 --> 04:58:31,120
professional attitude about this and we
got to make sure we're doing the city's

2551
04:58:28,798 --> 04:58:33,920
business and not uh giving the
appearance that we're not paying

2552
04:58:32,240 --> 04:58:36,718
attention. That's all I have. Thanks
very much.

2553
04:58:34,798 --> 04:58:41,120
» I just make two comments f first which I
wasn't planning to you know there's I

2554
04:58:39,280 --> 04:58:44,718
haven't witnessed any of what Doug was
just talking about and I would I know

2555
04:58:42,718 --> 04:58:47,200
there's also a provision for reporting
what you see if you think there's

2556
04:58:45,840 --> 04:58:50,638
something wrong and I would hope that if
Doug thinks he's seeing something wrong

2557
04:58:48,878 --> 04:58:55,280
he'll spell out the specific details and
that way it can be ironed out. Um the

2558
04:58:53,120 --> 04:58:59,520
other thing is on the 5G or the cell
towers um what Joe says right I I

2559
04:58:57,520 --> 04:59:05,600
remember we had a very robust process
for adopting legislation that deals with

2560
04:59:02,080 --> 04:59:10,638
them. We tried to make it as um
difficult as we are legally permissible

2561
04:59:07,920 --> 04:59:14,560
to deal with the cell towers and um to
regulate them as great as we can

2562
04:59:12,480 --> 04:59:17,360
consistent with federal law. We were got
a lot of push back from our own lawyers

2563
04:59:15,920 --> 04:59:21,040
and I think we might even have pushed a
little further than the lawyers

2564
04:59:18,560 --> 04:59:25,680
recommended but there is a process. I
mean, if as somebody stated tonight, one

2565
04:59:23,440 --> 04:59:29,520
of the applications was false or
misleading, that's obviously something

2566
04:59:27,520 --> 04:59:33,920
that someone needs to take a look at.
Um, but there's, you know, we we are

2567
04:59:32,240 --> 04:59:36,958
part of a national system and
unfortunately we've got a federal

2568
04:59:35,200 --> 04:59:41,760
government that and there's a big lobby
that has billions of dollars that gets

2569
04:59:38,958 --> 04:59:44,958
the laws made in Washington. And um
those laws are not friendly to us and

2570
04:59:43,440 --> 04:59:50,160
not friendly to the environment, but
we're doing the best we can to keep our

2571
04:59:47,200 --> 04:59:54,798
our our town as rural and as um
environmentally safe as possible, but

2572
04:59:52,400 --> 04:59:59,360
there's a limit to what we can do. Um
but we can certainly continue to look at

2573
04:59:56,560 --> 05:00:02,638
what more we can do.
Any further comments from anybody?

2574
05:00:01,520 --> 05:00:08,798
Maryann,
>> I just wanted to respond on the Tranquus

2575
05:00:04,878 --> 05:00:13,680
Field, Tranus Park. Um, you know, this
is something that I've been trying to

2576
05:00:11,440 --> 05:00:22,240
advocate for for since I got on council
and even before I was on council. Um, we

2577
05:00:18,080 --> 05:00:27,440
don't have enough fields and the benefit
of yes, we're at least using Tranquus

2578
05:00:24,400 --> 05:00:33,520
Park for the PR practice facility, which
we weren't for a long long time. Um, but

2579
05:00:30,560 --> 05:00:37,920
there are lots of games that are trying
to find homes and the people who are

2580
05:00:35,280 --> 05:00:43,360
scheduling with AISO. They need that
space and that's why it is important to

2581
05:00:40,080 --> 05:00:48,080
allow for league play on every possible
field that we have within the city of

2582
05:00:44,878 --> 05:00:55,120
Malibu. Um, I know it's not a regulation
field, but it will s certainly fulfill

2583
05:00:51,040 --> 05:01:01,120
the needs of the younger um, AYSO and it
gives an an opportunity. So, I would

2584
05:00:57,360 --> 05:01:05,920
just like to ask Malibu Township Council
one more time, please work with the city

2585
05:01:04,000 --> 05:01:11,040
attorney so we can get that condition
removed. Um, we've been asking for over

2586
05:01:08,240 --> 05:01:15,120
a year uh to have their board make a
determination on this and from what I've

2587
05:01:12,798 --> 05:01:20,560
heard, they have not had a board meeting
to discuss this. So, I would just ask

2588
05:01:17,600 --> 05:01:25,520
that they please um do that, work with
our city attorney, and let's get that

2589
05:01:22,160 --> 05:01:30,798
deed restriction removed so that um
younger AYso players can have games um

2590
05:01:28,320 --> 05:01:34,320
on a field in our city. Thank you,
>> Marian. If I could make a quick comment,

2591
05:01:32,480 --> 05:01:38,480
I I did check into this. It's not just
the Melbourne Township Council, it was

2592
05:01:36,240 --> 05:01:43,840
the local residents that were uh against
league play. And I think if we want to

2593
05:01:41,200 --> 05:01:46,718
ask uh the city attorney or the MTC to
get involved in this, we probably need

2594
05:01:45,280 --> 05:01:49,040
to give some direction from the city
council on it.

2595
05:01:47,680 --> 05:01:53,200
» We did a year ago.
>> Yeah. To be fair, uh I was informed by

2596
05:01:51,440 --> 05:01:55,760
MTC's president that it has been
considered at one of their meetings, but

2597
05:01:54,400 --> 05:01:58,320
he doesn't have anything to report on
it.

2598
05:01:56,958 --> 05:02:03,120
» Okay. And I'm not sure that's true that
the council gave direction. I think

2599
05:01:59,920 --> 05:02:07,520
people made some individual comments.
>> I think I thought we did. I I don't

2600
05:02:05,120 --> 05:02:09,680
know. I I'm pretty sure we gave We had
>> There was direction. Yeah, there was.

2601
05:02:09,120 --> 05:02:11,600
Okay.
>> Um,

2602
05:02:10,080 --> 05:02:14,480
» stand corrected. Yeah.
>> We done.

2603
05:02:12,798 --> 05:02:19,760
» Okay. We are finished with council
comments. Um, we are now at 5A, second

2604
05:02:18,000 --> 05:02:24,160
reading and adoption of flood plane
management ordinance and adoption of

2605
05:02:21,440 --> 05:02:28,560
emergency ordinance. So, we'll hear that
item now. Please raise your hand in Zoom

2606
05:02:26,878 --> 05:02:33,360
if you'd like to speak on this item and
you'll be called after the staff report.

2607
05:02:30,400 --> 05:02:35,680
Are there um comment cards?
>> Great.

2608
05:02:36,320 --> 05:02:41,798
And how many people are on Zoom at this
moment that have raised their hand?

2609
05:02:42,400 --> 05:02:50,480
» There's one raised hand. Okay, I think
that that's enough time for those hands.

2610
05:02:48,160 --> 05:02:55,440
So, we have the one. Uh, can we have a
staff report, please?

2611
05:02:53,760 --> 05:03:01,520
» Good evening, Mayor Silverstein,
honorable members of the council. I'm

2612
05:02:58,080 --> 05:03:06,718
here to uh present an item on the second
reading of the flood plane management

2613
05:03:04,798 --> 05:03:13,200
management ordinance and if you please
allow me to begin with recap of what was

2614
05:03:09,760 --> 05:03:16,600
discussed at the previous meeting. So we
talked about

2615
05:03:18,798 --> 05:03:28,080
yes talked about the national flood
insurance program that city participate

2616
05:03:24,560 --> 05:03:33,760
in and it's a subsidied flood insurance
and it's available to those cities that

2617
05:03:30,798 --> 05:03:38,638
that have adopted flood plane management
regulations designed to prevent and

2618
05:03:36,160 --> 05:03:42,638
mitigate flood damage.
that [clears throat] cities must adopt

2619
05:03:40,080 --> 05:03:49,760
the regulation that meet or exceed the
requirements set forth in title 44 part

2620
05:03:46,480 --> 05:03:56,000
60 of the code of federal regulations.
And currently the flat plane uh

2621
05:03:52,798 --> 05:04:01,600
ordinance that city has in place
identify authority of the city council

2622
05:03:58,240 --> 05:04:06,480
for uh reviewing and approval of uh
projects that are located within the

2623
05:04:04,400 --> 05:04:13,798
flood plane and approval of the
variances if if that's what the design

2624
05:04:10,160 --> 05:04:13,798
requires for.

2625
05:04:15,280 --> 05:04:22,080
The proposed amendments to the existing
ordinance applies to Palisades fire

2626
05:04:20,480 --> 05:04:28,160
rebuilds
and uh what was discussed previously at

2627
05:04:24,798 --> 05:04:33,760
the previous meeting is the changes are
the changes that were proposed. The

2628
05:04:30,638 --> 05:04:39,440
first change was identifying flood plan
administrator as public works director

2629
05:04:36,798 --> 05:04:43,680
to grant development permits in
accordance with chapter 1520 of the

2630
05:04:41,600 --> 05:04:48,958
municipal code.
defined uh flood plan administrator

2631
05:04:46,160 --> 05:04:54,798
authority to ensure that variances for
septic system and seaw walls that

2632
05:04:51,600 --> 05:05:03,000
protect those system for palisades fire
rebuilds midsp specific mandatory design

2633
05:04:58,080 --> 05:05:03,000
and construction regulation set by FEMA.

2634
05:05:06,080 --> 05:05:14,400
We also talked about more revisions
which are establish an expedited

2635
05:05:11,840 --> 05:05:19,360
administrative process for issuance of
variances for seaw wall protecting

2636
05:05:16,400 --> 05:05:22,958
septic system associated with policy
fire rebuilt

2637
05:05:21,120 --> 05:05:28,878
state that decision made by the flood
blade administrator may be uh may be

2638
05:05:25,360 --> 05:05:36,240
appealed to city council. It outlined
conditions for variances for seaw walls

2639
05:05:31,440 --> 05:05:41,680
project uh protecting uh septic system
and uh requires recordardation with Los

2640
05:05:39,280 --> 05:05:45,240
Angeles County and submittal of a FEMA
elevation certificate.

2641
05:05:46,000 --> 05:05:55,600
Next couple slides go into information
that was requested on the actual

2642
05:05:52,400 --> 05:06:02,080
language of code of federal regulations
and it goes into flood management

2643
05:05:58,320 --> 05:06:06,400
criteria for plot prone areas section
16.3

2644
05:06:03,760 --> 05:06:12,718
which talks about the installation of
sanitary sewer system that uh protection

2645
05:06:09,920 --> 05:06:19,680
needs to be the installation needs to be
ensured that Um the they they have to be

2646
05:06:16,798 --> 05:06:24,878
installed in a way that there is no dis
discharge from the system into flood

2647
05:06:22,080 --> 05:06:30,320
waters. Uh there is no contamination in
flooders infiltration

2648
05:06:27,200 --> 05:06:35,760
and the system uh will be located in
such way that it avoid impairment to

2649
05:06:33,280 --> 05:06:43,600
them or contamination from them during
flooding. There is also a section of the

2650
05:06:39,120 --> 05:06:48,958
code uh that talks about um new
construction or substantial improvements

2651
05:06:45,920 --> 05:06:58,718
in the zones and vzones
um that um need to require the um have

2652
05:06:54,000 --> 05:07:04,160
um open space below the lowest
uh floor elevation. It it has to be

2653
05:07:01,680 --> 05:07:12,040
clear of obstruction. So that also goes
into installation of a septic system and

2654
05:07:07,200 --> 05:07:12,040
the seaw walls that protect them.

2655
05:07:14,560 --> 05:07:23,520
However, if the um certified engineer or
architect can demonstrate that there is

2656
05:07:21,120 --> 05:07:31,760
no other location for installation of
such septic system

2657
05:07:26,638 --> 05:07:39,120
but uh only flat plane then FEMA will
allow installation.

2658
05:07:35,040 --> 05:07:44,320
uh but uh there needs to be a process
for variance and exceptions set by a

2659
05:07:42,320 --> 05:07:50,638
local government
and um this is also spelled out in the

2660
05:07:47,440 --> 05:07:57,760
code of federal regulations in section
60.6 variances and exceptions and um it

2661
05:07:55,120 --> 05:08:04,560
goes into certain conditions that need
to be met. that variances shall be only

2662
05:08:00,958 --> 05:08:09,680
issued by a community upon
showing a good of sufficient cause. A

2663
05:08:07,680 --> 05:08:14,480
determination the failure to grant the
variances would result in exceptional

2664
05:08:12,160 --> 05:08:18,320
hardship to the applicant and
determination that granting of a

2665
05:08:16,240 --> 05:08:23,360
variance will not result in increased
flood height, additional threat to

2666
05:08:20,240 --> 05:08:31,120
public safety, extraordinary public
expense, um create nuisance, cause

2667
05:08:27,680 --> 05:08:35,600
fraud, um etc. and variances should only
be issued upon determination that

2668
05:08:33,360 --> 05:08:41,560
variance is minimum necessary
considering the flood hazard to afford

2669
05:08:38,560 --> 05:08:41,560
relief.

2670
05:08:42,160 --> 05:08:54,958
Um staff um additionally um made
the following findings

2671
05:08:50,000 --> 05:09:02,798
um that uh will allow to make
to adopt the urg ordinency ordinance to

2672
05:08:58,798 --> 05:09:07,360
um uh for this provisions and they
include um protection of public health

2673
05:09:05,280 --> 05:09:12,160
and safety by preventing the discharge
to untreat water,

2674
05:09:09,920 --> 05:09:17,040
delay in improving the construction or
repair of septic system and seaw walls

2675
05:09:14,160 --> 05:09:22,000
may result in environmental hazard
and uh failure to timely administer and

2676
05:09:19,600 --> 05:09:27,040
enforce flood plane regulations in
compliance with FEMA requirements may

2677
05:09:24,400 --> 05:09:34,400
jeopardize eligibility of participation
in national uh flood insurance program.

2678
05:09:31,280 --> 05:09:40,798
With this urgency finding um it's
possible to adopt urgency

2679
05:09:37,760 --> 05:09:44,560
ordinance which will uh go into effect
immediately.

2680
05:09:42,638 --> 05:09:49,040
And thank you very much. This concludes
my presentation.

2681
05:09:46,718 --> 05:09:54,320
» Okay. I have some questions. Does
anybody else on council have any

2682
05:09:50,160 --> 05:09:57,600
clarifying questions before I ask mine?
>> Uh [clears throat] just a quick

2683
05:09:55,280 --> 05:10:02,080
question. uh this language that we have
right now this has been approved by FEMA

2684
05:09:59,600 --> 05:10:06,798
and who else?
>> This been reviewed and approved by FEMA

2685
05:10:03,920 --> 05:10:11,040
stuff work that was multi-mons effort
[clears throat] uh with FEMA. We

2686
05:10:08,240 --> 05:10:16,400
actually also worked with uh scientists
from the building standards uh up in

2687
05:10:14,000 --> 05:10:21,840
Washington the the people who set up
building standards but that was all

2688
05:10:18,638 --> 05:10:24,160
facilitated through FEMA but yes you're
correct the language was approved by

2689
05:10:23,280 --> 05:10:28,080
FEMA.
>> So if we make it If we make changes to

2690
05:10:26,638 --> 05:10:32,798
it, we have to go back to FEMA.
>> We have to go back to FEMA and that

2691
05:10:30,320 --> 05:10:37,200
might delay the process significantly.
>> Okay. Thank you.

2692
05:10:34,958 --> 05:10:41,280
» Okay. So, before I ask my questions, I
want to be clear. These questions are

2693
05:10:39,360 --> 05:10:44,958
not intended to be critical of anybody.
They are because I genuinely need to

2694
05:10:43,040 --> 05:10:48,160
understand things better. Sometimes
people think that when I ask my

2695
05:10:46,240 --> 05:10:52,638
questions, I'm I'm using it as a form of
criticism. It's not. It's a form of this

2696
05:10:50,320 --> 05:10:56,560
is the way we get information. And
secondly, an answer if I don't know is

2697
05:10:54,798 --> 05:11:00,958
perfectly acceptable. It's not it's not
a badge of dishonor to not know the

2698
05:10:58,560 --> 05:11:04,560
answer. It speeds things along speeds
things along and identifies what still

2699
05:11:02,798 --> 05:11:08,878
needs to be determined. It's it's better
than trying to figure things out on the

2700
05:11:06,000 --> 05:11:13,360
fly. Um the other thing is, you know,
I'm a lawyer. I've been a lawyer for

2701
05:11:10,400 --> 05:11:16,958
close to 40 years and I read codes and I
sometimes read them different than I I I

2702
05:11:15,520 --> 05:11:22,320
do read them different than non- lawyers
read them. And um I want to make sure

2703
05:11:19,920 --> 05:11:27,520
that we're reading this code, this these
federal regulations correctly before we

2704
05:11:25,360 --> 05:11:32,560
begin to tinker with our existing
ordinance. So my first question is

2705
05:11:30,480 --> 05:11:40,320
60.3A6,
I'm sorry, 60.3 E5. This is the um

2706
05:11:37,040 --> 05:11:45,040
provision that deals with um the
obstruction. Now with Rob explained to

2707
05:11:43,520 --> 05:11:48,798
us and maybe touch on it, you might have
explained to us earlier and I I get this

2708
05:11:46,638 --> 05:11:53,840
that an that a seaw wall constitutes an
obstruction. So um correct this would

2709
05:11:51,520 --> 05:11:58,480
apply to seaw walls on new constru
underneath beneath new construction and

2710
05:11:56,480 --> 05:12:03,040
substantial improvements.
>> I don't view new construction and

2711
05:12:00,638 --> 05:12:08,798
substantial improvements to necessarily
capture a rebuild following a disaster.

2712
05:12:06,240 --> 05:12:14,480
And I know we have interpreted the
rebuilds to not be new construction or

2713
05:12:11,840 --> 05:12:19,920
improvements of existing construction
elsewhere outside of FEMA. And I've gone

2714
05:12:17,360 --> 05:12:24,798
through the um FEMA regulations and
there are multiple instances in which

2715
05:12:22,000 --> 05:12:28,638
there's also an or other development
identified besides for new construction

2716
05:12:26,798 --> 05:12:33,040
and substantial improvements. And there
are many that don't have that additional

2717
05:12:30,080 --> 05:12:38,878
language such as this one. So how do we
how have we come to the conclusion that

2718
05:12:36,000 --> 05:12:43,920
603 apply E5 applies in the first
instance to a rebuild that is a like

2719
05:12:41,120 --> 05:12:51,440
forlike rebuild.
>> Federal um FEMA and uh per federal code

2720
05:12:47,520 --> 05:12:55,280
FEMA reviews this um rebuilds as a new
construction or substantial

2721
05:12:53,200 --> 05:12:59,440
improvements. Is that is there a
provision in another regulation because

2722
05:12:57,520 --> 05:13:02,798
I couldn't find it in this one that says
that for purposes of these federal

2723
05:13:00,958 --> 05:13:08,000
regulations the term new construction
and substantial improvement includes a

2724
05:13:04,958 --> 05:13:11,440
like forlike rebuild of a home destroyed
in a disaster.

2725
05:13:09,760 --> 05:13:17,200
» It doesn't have that specific lang
language. However, rebuilding of the

2726
05:13:13,680 --> 05:13:24,000
structure from ground zero because it's
um it's a destroyed um home considered

2727
05:13:21,040 --> 05:13:28,798
by FEMA considered new construction.
>> Where is that set forth in writing?

2728
05:13:26,560 --> 05:13:34,878
» It it is for application of the
regulation. Uh the the rules and

2729
05:13:31,040 --> 05:13:39,680
regulation have to uh apply as they said
today.

2730
05:13:36,480 --> 05:13:44,878
That's why uh FEMA FEMA needs to make
sure all the requirements are met at the

2731
05:13:43,360 --> 05:13:48,000
construction today.
>> Well, so what is there besides for new

2732
05:13:46,878 --> 05:13:51,760
construction and substantial
improvements that would constitute other

2733
05:13:49,600 --> 05:13:57,360
development that's captured by a few of
the provisions of the regulations but

2734
05:13:54,958 --> 05:14:02,560
which isn't identified here?
>> Um other developments, everything else

2735
05:13:59,920 --> 05:14:06,718
that are not does not constitute new
construction or uh substantial

2736
05:14:04,718 --> 05:14:09,920
improvements. So I guess minor
improvements it's it can be minor

2737
05:14:08,480 --> 05:14:16,080
improvement but if it's in the flood
zone the FEMA still needs to uh the

2738
05:14:13,280 --> 05:14:19,840
regulations set up by um code of federal
regulations still need to be made.

2739
05:14:17,920 --> 05:14:23,760
» All right that those are my questions
about that. I'll have some comments

2740
05:14:21,120 --> 05:14:29,440
later. The second question I have is
60.3 A6 which deals with new and oh and

2741
05:14:27,760 --> 05:14:34,400
by the way this also says replacement
sanitary sewage. So again, it's another

2742
05:14:32,400 --> 05:14:38,878
example of they know how to use the word
replacement when they intended to use it

2743
05:14:36,400 --> 05:14:42,958
as contrasted with only new, which is
what's used for the seaw walls. But

2744
05:14:40,400 --> 05:14:47,040
that's not my question. This is an
affirmative requirement. New and

2745
05:14:44,480 --> 05:14:50,798
replacement sanitary sewage systems need
to be designed to minimize or eliminate

2746
05:14:48,958 --> 05:14:56,080
infiltration of flood waters into the
systems and discharges from the systems

2747
05:14:53,200 --> 05:14:59,360
into flood waters. I am I correct in
understanding that a variance would only

2748
05:14:57,840 --> 05:15:02,878
be required not a variance is not
required for a septic system. It's only

2749
05:15:01,360 --> 05:15:05,760
required for a septic system that
doesn't satisfy this standard.

2750
05:15:04,798 --> 05:15:10,480
» You're correct.
>> Okay. So, we're not if we adopt these

2751
05:15:08,320 --> 05:15:15,040
this ordinance, we're not imposing a
variance requirement on anybody for a

2752
05:15:13,040 --> 05:15:18,958
septic system that satisfies this
requirement. Only for ones that don't.

2753
05:15:17,040 --> 05:15:25,040
» If they Yeah, if they can satisfy this
this requirement. Correct.

2754
05:15:20,400 --> 05:15:27,760
» Okay. Um so, make that clear then.
very

2755
05:15:25,440 --> 05:15:31,360
» it's just if if I may just add it just
it just doesn't apply to the situation

2756
05:15:29,680 --> 05:15:37,200
that we're reviewing tonight because
we're talking about the Palisades fire

2757
05:15:33,520 --> 05:15:42,958
rebuilds on the coastal um on on the on
the ocean side. So we already know that

2758
05:15:40,480 --> 05:15:47,920
uh those require those septic system
cannot meet those requirements.

2759
05:15:45,360 --> 05:15:52,160
» I'm sorry. So the septic systems on in
the ocean or near the ocean will not be

2760
05:15:50,638 --> 05:15:55,600
able to minimize or eliminate
infiltration of flood waters into the

2761
05:15:53,920 --> 05:15:58,718
systems and discharges from the systems
into flood waters

2762
05:15:56,638 --> 05:16:01,840
» by installation of a seaw wall that will
protect septic system.

2763
05:16:00,320 --> 05:16:04,400
» But without a seaw wall they cannot
accomplish that.

2764
05:16:02,878 --> 05:16:11,520
» Correct.
>> Okay. Okay. The variance requirements in

2765
05:16:08,638 --> 05:16:16,560
60.6A3
they're already in our code, right? We

2766
05:16:14,000 --> 05:16:20,798
already have them in there in hack verba
basically.

2767
05:16:18,400 --> 05:16:27,200
» Yes, we have requirements in our code.
>> Now the proposed variance requirements

2768
05:16:24,000 --> 05:16:33,920
for the seaw wall are far more extensive
than the ones that are already in our

2769
05:16:29,920 --> 05:16:37,760
ordinance elsewhere and are set forth in
the FEMA regulations. Why are we adding

2770
05:16:35,920 --> 05:16:42,160
additional requirements that aren't in
this code?

2771
05:16:39,760 --> 05:16:47,920
Uh you're talking about the comparison
of the local requirements. Yeah, FEMA is

2772
05:16:44,878 --> 05:16:53,600
uh FEMA absolutely fine if the local
requirements actually more restrictive.

2773
05:16:52,160 --> 05:16:59,280
» The problem Yeah.
>> But why are we proposing more

2774
05:16:56,480 --> 05:17:04,000
restrictive requirements than the FEMA
requirements for purposes of a waiver?

2775
05:17:02,000 --> 05:17:11,200
We don't require it currently when it's
the city council that approves it and we

2776
05:17:08,160 --> 05:17:15,600
have a council policy of not imposing
any obligations that are beyond those

2777
05:17:13,120 --> 05:17:20,480
required by federal, state or county law
in the case of these rebuilds. So why

2778
05:17:17,760 --> 05:17:24,718
are we affirmatively creating new more
restrictive burdens on somebody that

2779
05:17:22,958 --> 05:17:27,600
wants to build a seaw wall for their
lake forlike replacement, needs to build

2780
05:17:26,160 --> 05:17:30,400
a seaw wall for their lake forlike
replacement.

2781
05:17:28,240 --> 05:17:34,718
» Right? We are that's why we're talking
only about palisades or builds that are

2782
05:17:32,718 --> 05:17:40,560
in the ocean side because they are
located within the flood zone. So the

2783
05:17:37,840 --> 05:17:45,600
federal federal requirements will apply
for for the house that located somewhere

2784
05:17:42,958 --> 05:17:52,510
else if they're outside of the flood
zone. Uh we uh we won't um we won't need

2785
05:17:49,760 --> 05:17:59,440
to um
[clears throat] require them to comply.

2786
05:17:54,878 --> 05:18:05,360
Okay. But see 60.6A3 6 A3 this is the
the FEMA reg says variances shall only

2787
05:18:02,000 --> 05:18:09,920
be issued upon by a community upon I a
showing of good and sufficient cause

2788
05:18:07,760 --> 05:18:13,120
double I a determination that failure to
grant the variance would result in

2789
05:18:11,360 --> 05:18:17,040
exceptional hardship to the applicant
and triple I a determination that the

2790
05:18:15,360 --> 05:18:20,320
granting of a variance would not result
in increased flood heights additional

2791
05:18:18,718 --> 05:18:24,240
threats to public safety extraordinary
public expense create nuisances cause

2792
05:18:22,560 --> 05:18:28,000
fraud on the victimization of the public
or conflicting with existing local laws

2793
05:18:26,000 --> 05:18:31,600
or ordinances Then you can go to four.
Also, variances shall only be issued

2794
05:18:29,680 --> 05:18:35,120
upon a determination that the variance
is the minimum necessary considering the

2795
05:18:33,200 --> 05:18:39,680
flood hazard to afford relief. That's
the law right now. And if we didn't

2796
05:18:37,360 --> 05:18:43,440
change our code at all and the variances
had to come to the city council for

2797
05:18:40,958 --> 05:18:47,200
approval, that would be what needs to be
determined. That and that and that alone

2798
05:18:45,600 --> 05:18:48,080
for purposes of granting a variance,
right?

2799
05:18:47,680 --> 05:18:53,840
» Yes.
>> Okay. We're proposing in this new

2800
05:18:51,200 --> 05:18:56,958
ordinance to add a whole laundry list of
additional requirements to get a

2801
05:18:55,440 --> 05:19:00,080
variance, are we not?
>> No, we're we're following the same

2802
05:18:59,200 --> 05:19:04,400
requirements.
>> Um, does somebody have the red line? Is

2803
05:19:02,160 --> 05:19:09,920
the red line in our package?
>> Yes. Okay.

2804
05:19:06,638 --> 05:19:16,920
Look at page. It's it's the final two
pages of the uh of the staff report on

2805
05:19:13,920 --> 05:19:16,920
5A.

2806
05:19:18,400 --> 05:19:27,200
» We have require we have required
determinations here that um it's the

2807
05:19:25,200 --> 05:19:32,798
smallest size and placement as landward
as possible. Um not will not be utilized

2808
05:19:30,638 --> 05:19:37,520
for structural support of the building.
Shall minimize the obstruction to flood

2809
05:19:34,718 --> 05:19:41,840
flow as much as possible. must comply
with all the following regulations. And

2810
05:19:39,840 --> 05:19:46,040
there's there's ones listed. None of
those words are in 60.6A

2811
05:19:46,878 --> 05:19:53,120
three or four. So why are we now
creating those those specific

2812
05:19:51,040 --> 05:19:56,160
requirements that aren't in our law
right right now? If somebody came to the

2813
05:19:54,560 --> 05:19:59,760
city council and asked for variance
under our existing code, we wouldn't

2814
05:19:58,000 --> 05:20:02,718
look at any of those things. Why are we
putting them in here as burdens on

2815
05:20:01,120 --> 05:20:08,400
people who want to rebuild after the
fire? uh we're providing the language

2816
05:20:04,718 --> 05:20:14,958
that are giving um giving set parameters
for designing of the septic system. So

2817
05:20:10,878 --> 05:20:19,520
if if that um if that can follow certain
rules

2818
05:20:17,040 --> 05:20:22,480
um we're just giving them more um
options for

2819
05:20:21,120 --> 05:20:25,600
» well are we giving them more options or
we making it more restrictive?

2820
05:20:24,000 --> 05:20:29,920
» We're not making them more restrictive.
they're they're still within the flood

2821
05:20:27,200 --> 05:20:36,000
zone and we still uh we still make them
follow the federal

2822
05:20:32,878 --> 05:20:39,440
regulations. So is not being permitted
to serve in any way as structural

2823
05:20:37,840 --> 05:20:43,360
support of the building something that
we would currently require under the

2824
05:20:41,520 --> 05:20:48,878
existing code. If somebody somebody
proposed a seaw wall that also partially

2825
05:20:46,160 --> 05:20:53,440
serves as support and it otherwise
satisfies the language of 60.3 A3 and 4,

2826
05:20:52,000 --> 05:20:56,480
would we say no, you can't do that.
We're requiring that it not serve as

2827
05:20:54,878 --> 05:21:01,760
structural support.
>> Uh yes, we're talking about this the

2828
05:20:59,440 --> 05:21:07,760
seaw wall for protection of the septic
system. Those are the changes we're

2829
05:21:03,440 --> 05:21:13,360
making by by uh by this modifications.
So right now, forget the Palisades fire.

2830
05:21:11,200 --> 05:21:19,280
If somebody wants to build a brand new
home on a vacant lot on the beach and

2831
05:21:17,040 --> 05:21:25,920
they come for a variance to build a seaw
wall to protect a sew to protect the um

2832
05:21:22,400 --> 05:21:31,440
septic system, would we in order to
satisfy the variance requirement of

2833
05:21:28,000 --> 05:21:35,840
60.6A3 6A 3 and 4. Would they have to
establish that their seaw wall that is

2834
05:21:33,600 --> 05:21:39,440
designed to protect their septic system
doesn't in any way, shape or form serve

2835
05:21:37,520 --> 05:21:42,798
as a structural support for the for the
house as well?

2836
05:21:41,120 --> 05:21:46,480
» Yes, they have to they have to follow
the same requirements that are set in

2837
05:21:44,878 --> 05:21:49,520
the code of federal regulations.
>> Where where is that requirement in the

2838
05:21:48,240 --> 05:21:54,400
code of federal regulations that's
before us?

2839
05:21:52,320 --> 05:21:58,160
» That is in the ordinance in the proposed
language of the ordinance. Where is that

2840
05:21:56,638 --> 05:22:01,520
in the code of federal regulations that
we are seeking to implement through our

2841
05:22:00,000 --> 05:22:07,760
local ordinance?
>> It's it's in the in the this section uh

2842
05:22:04,560 --> 05:22:12,798
in title 44 section 60.
>> Can can you identify the provision of of

2843
05:22:10,718 --> 05:22:16,798
section 60 that puts forth that
requirement? It might be there. I'm I I

2844
05:22:14,638 --> 05:22:20,600
don't know. I've just I didn't see it
when I looked quickly.

2845
05:22:23,600 --> 05:22:27,320
I might um

2846
05:22:29,360 --> 05:22:35,200
» at the same time if you [snorts] could
also I want to know where it is that

2847
05:22:33,600 --> 05:22:39,520
where it says that in order to gr a
variance it has to be the smallest size

2848
05:22:36,878 --> 05:22:43,920
and as landward as possible.
>> Yeah that that's that language is all in

2849
05:22:42,320 --> 05:22:49,680
the
um code of federal regulations.

2850
05:22:46,798 --> 05:22:53,280
the one that we have in front of us. 60
>> 16.

2851
05:22:50,240 --> 05:22:59,160
» Okay. Where?
>> Again, I'm I'm not saying it's not. I I

2852
05:22:55,280 --> 05:22:59,160
would like to see where it is.

2853
05:23:16,638 --> 05:23:19,798
The question

2854
05:23:21,040 --> 05:23:29,040
» question is I'm trying to identify where
in the code of federal regulations the

2855
05:23:27,280 --> 05:23:34,080
various requirements that we're
establishing for a variance for our for

2856
05:23:32,480 --> 05:23:38,160
granting a variance are set forth in the
code of federal regulations because I

2857
05:23:35,280 --> 05:23:43,200
see them in our code as I mean the fact
that they're not there already to me is

2858
05:23:41,120 --> 05:23:47,280
troubling because if they're not there
now and we're granting variances. That

2859
05:23:45,680 --> 05:23:51,440
suggests to me that they don't need to
be there. All we're doing, all we're

2860
05:23:49,840 --> 05:23:56,638
supposed to be doing through this change
is grant the public works director the

2861
05:23:54,958 --> 05:24:00,878
authority to do what the council
currently already has the authority to

2862
05:23:58,400 --> 05:24:04,480
do. We can do that in three words. I
mean, that's an exaggeration, but what

2863
05:24:02,320 --> 05:24:10,878
why are we adding substantive
requirements to that the public works

2864
05:24:07,440 --> 05:24:14,480
director has to determine are satisfied
that the city council currently doesn't

2865
05:24:12,798 --> 05:24:18,958
have to determine are satisfied?
>> We're just adding currently we're just

2866
05:24:16,160 --> 05:24:24,240
adding language from the code of federal
regulations. There is just more language

2867
05:24:21,200 --> 05:24:28,480
added to this um variance that's through
our process working with FEMA. So, so

2868
05:24:27,040 --> 05:24:31,760
these requirements are already
implicitly in our ordinance when the

2869
05:24:30,480 --> 05:24:34,958
city council's asked to grant a
variance.

2870
05:24:33,280 --> 05:24:39,760
» They they are in the code of federal
regulations. So, when we receive when we

2871
05:24:37,040 --> 05:24:43,520
review uh the project which proposes a
septic system and a seaw wall, we still

2872
05:24:42,080 --> 05:24:48,718
have to follow all this federal
regulations and have to obtain the FEMA

2873
05:24:46,400 --> 05:24:55,760
elevation certificate and have to and
have to go through all this um checklist

2874
05:24:51,680 --> 05:25:02,080
that we're um we have to verify. So, so
right now under our existing code, if a

2875
05:24:59,520 --> 05:25:06,320
um property owner who wants to rebuild a
lake for lake comes to the city council

2876
05:25:04,798 --> 05:25:11,360
and asks for a variance because that's
the way it currently works, right? We

2877
05:25:08,878 --> 05:25:16,160
would even though these words are not in
our city ordinance, we would require all

2878
05:25:14,320 --> 05:25:19,920
of these very same things to be
satisfied that are now specified in red

2879
05:25:19,360 --> 05:25:25,680
ink.
>> Yes. public works staff through review

2880
05:25:22,400 --> 05:25:29,840
and uh review of process of the project
they will verify uh all these

2881
05:25:28,480 --> 05:25:33,440
requirements are met.
>> Okay,

2882
05:25:31,840 --> 05:25:38,000
those are my questions. I'm I am going
to make a comment because it's pertinent

2883
05:25:35,440 --> 05:25:42,080
to why I'm asking these questions in in
my way of doing legislation. I've been

2884
05:25:40,480 --> 05:25:46,000
I've written legislation and worked on
committees done legislation for years.

2885
05:25:44,240 --> 05:25:50,718
If something's not broke, you don't fix
it because the fix might actually break

2886
05:25:48,000 --> 05:25:56,160
it. Um, if this is already here
implicitly, there's no need to put it in

2887
05:25:52,958 --> 05:25:59,440
explicitly. It may not be there. It may
not be required under the federal

2888
05:25:57,600 --> 05:26:03,360
regulation. If it's not required under
the federal regulation, we're requiring

2889
05:26:01,600 --> 05:26:06,718
it by putting it in here. If it is
required by the federal regulation, it's

2890
05:26:05,040 --> 05:26:10,400
already there. So, we don't need to say
it because it's already there. I'm

2891
05:26:08,560 --> 05:26:14,638
hearing concerns from residents that
we're creating new restrictions, that

2892
05:26:12,400 --> 05:26:20,000
we're making things more burdensome. If
all we do is give the um planning

2893
05:26:18,160 --> 05:26:24,718
director the ability to do what the city
council currently has the ability to do

2894
05:26:21,520 --> 05:26:31,520
and do nothing else, then we haven't
enlarged or or um diminished whatever

2895
05:26:28,958 --> 05:26:35,920
the federal rules are. They're there.
We're being told this is for the purpose

2896
05:26:33,040 --> 05:26:40,958
of facilitating more expedition. I'm
concerned that what this is doing is

2897
05:26:37,360 --> 05:26:44,400
creating more restriction. So, you know,
that that will guide people's comments

2898
05:26:42,560 --> 05:26:49,040
hopefully. I might be completely wrong,
but that's the way I look at drafting

2899
05:26:45,840 --> 05:26:53,520
legislation is you don't you when you're
when you're adopting a local ordinance

2900
05:26:51,280 --> 05:26:56,958
to implement a federal ordinance, you
don't reinterpret the federal ordinance.

2901
05:26:55,600 --> 05:26:59,600
You simply say we have to follow the
federal ordinance, which is what we

2902
05:26:58,240 --> 05:27:06,240
currently have in our existing
ordinance. So, um, does anybody else

2903
05:27:02,638 --> 05:27:11,680
have any questions based on that
public comment? Then, Dean Don Schmidtz

2904
05:27:09,280 --> 05:27:16,680
followed by Dean Wer followed by Darren
Graves. Those are the only inerson

2905
05:27:13,120 --> 05:27:16,680
speakers we have.

2906
05:27:16,798 --> 05:27:24,400
» Evening, council members. Very good
questions. Mayor Silverstein. Um, I

2907
05:27:22,000 --> 05:27:29,760
would uh I would address the the first
prong of what you you raised. It's not

2908
05:27:27,440 --> 05:27:34,558
the rebuild of the house or the
structure per se. It's the increase in

2909
05:27:32,798 --> 05:27:39,040
the size of the shoreline protection
device, which is the new development.

2910
05:27:36,718 --> 05:27:43,440
And that is predicated upon a coastal
engineers report. The shoreline

2911
05:27:41,360 --> 05:27:51,200
protection device needs to be of
sufficient height to protect the septic

2912
05:27:46,400 --> 05:27:56,400
system itself. Uh my experience which
I've done a few of these over the years

2913
05:27:53,200 --> 05:28:02,000
up and down the coastline is pertains to
uh the minimum size and being located as

2914
05:27:59,200 --> 05:28:07,920
landward as possible is something that
has been driven by the California

2915
05:28:03,760 --> 05:28:14,080
coastal act. And so uh I am somewhat
chagrined that I cannot point directly

2916
05:28:11,120 --> 05:28:21,840
to uh the federal regulation and the
questions which you were raising and uh

2917
05:28:16,718 --> 05:28:26,558
I should uh I came here to uh foolishly
thinking that this was going to be a a

2918
05:28:23,760 --> 05:28:31,600
early item on tonight and I I did want
to give you the accolades and your staff

2919
05:28:28,878 --> 05:28:35,840
for taking this necessary step. It is
important and it sounds like uh uh we

2920
05:28:33,840 --> 05:28:40,400
may well be on the same page that if we
can come up with an administrative

2921
05:28:37,280 --> 05:28:48,240
process so that we don't have to have
300 plus city council hearings. I don't

2922
05:28:45,040 --> 05:28:54,080
need that work. I've got plenty already.
Uh that would be a very loudable and

2923
05:28:52,080 --> 05:28:59,280
appropriate goal if this can be handled
administratively. So, uh, and I know

2924
05:28:56,400 --> 05:29:03,120
this is not something that was, uh,
taken on lightly, and I do appreciate

2925
05:29:01,520 --> 05:29:07,600
the fact that the city coordinated
closely with FEMA to make sure that we

2926
05:29:05,440 --> 05:29:13,360
would remain in compliance with our
national flood insurance program. We

2927
05:29:10,480 --> 05:29:18,240
can't jeopardize that. So, there's
definitely u uh something that needs to

2928
05:29:16,320 --> 05:29:21,920
happen here in regards to allowing this
to happen on administrative level. It's

2929
05:29:20,320 --> 05:29:27,680
often been said that Malibu has a
greater challenge on the rebuild front

2930
05:29:24,878 --> 05:29:32,400
because we have unique constraints. I'm
not always convinced by that, but one

2931
05:29:29,440 --> 05:29:38,878
thing that's incontrovertible is 300
plus beach homes burning up. Uh that is

2932
05:29:36,320 --> 05:29:42,400
something that brings in the FEMA and
the shoreline protection devices and the

2933
05:29:40,878 --> 05:29:47,280
and the beach on-site wastewater
treatment systems. A quick a quick check

2934
05:29:44,878 --> 05:29:53,680
with AI, which means it must be true, is
that the 300 plus homes that we lost in

2935
05:29:50,320 --> 05:29:58,320
the Palisades fire is the worst example
of beach homes burning up in a wildfire

2936
05:29:56,240 --> 05:30:03,520
in the history of the United States. So,
we really do need to get this done.

2937
05:30:01,120 --> 05:30:08,638
Otherwise, all the excellent work that
you've done to streamline this process

2938
05:30:05,440 --> 05:30:13,520
is going to be for not. So, uh, I I do
again very much appreciate this

2939
05:30:10,958 --> 05:30:19,558
direction and strongly urge that with
the right verbiage, you come up with an

2940
05:30:15,040 --> 05:30:19,558
administrative process. Thank you,

2941
05:30:20,638 --> 05:30:28,160
» Dean.
Thank you, Don.

2942
05:30:25,680 --> 05:30:32,718
» Thank you. Don and I actually first met
at the planning commission meeting last

2943
05:30:30,080 --> 05:30:37,440
February, and I was there because I was
concerned about this exact type of

2944
05:30:34,638 --> 05:30:43,040
fundamental issue. the the the issue
that we have before us is that the FEMA

2945
05:30:40,718 --> 05:30:47,280
requirements do do not go into the level
of detail of the red text you have in

2946
05:30:44,958 --> 05:30:53,280
front of you. Free of obstruction does
not mean what it says. Free of

2947
05:30:50,558 --> 05:30:57,680
obstruction. It does not prohibit those
things. Free of obstruction means that

2948
05:30:55,440 --> 05:31:03,758
it's an open foundation. Essentially,
you have pylons and the water can move.

2949
05:31:00,320 --> 05:31:09,680
That's all that that means. Okay.
[snorts] At the end of the day, the

2950
05:31:06,240 --> 05:31:16,080
other items, be it septic or seaw wall
or other obstructions such as plumbing

2951
05:31:12,000 --> 05:31:22,558
and other things, FEMA P-348
as well as NFIP technical bulletin

2952
05:31:18,878 --> 05:31:27,520
number five clearly show these items.
The reason they say free of obstruction

2953
05:31:25,280 --> 05:31:31,360
is because they want to counsel people
to realize that if you have

2954
05:31:29,200 --> 05:31:36,320
obstructions, you need to have your
engineer design a more robust structure

2955
05:31:33,920 --> 05:31:41,200
to be able to take the additional forces
that will occur from wave action

2956
05:31:38,638 --> 05:31:47,040
underneath it. That can easily be done
every day. So, it doesn't mean that it's

2957
05:31:44,320 --> 05:31:51,920
a non-specification item requiring a
variance. Not at all. It's never been

2958
05:31:49,120 --> 05:31:56,558
done. It's not a requirement. What's
happening here unfortunately is just

2959
05:31:54,558 --> 05:32:00,558
like the sea level rise and just like
the BFE discussion. We have people

2960
05:31:59,040 --> 05:32:05,520
around here and I respect their
opinions, but their opinions are

2961
05:32:02,878 --> 05:32:11,600
preferences. They're not requirements.
They are coastal act items. Coastal act

2962
05:32:08,480 --> 05:32:16,878
is suspended. They do not apply to us.
If I want to build that way, I can. The

2963
05:32:14,878 --> 05:32:22,080
reason FEMA's not objecting to the
review is because if you recommend

2964
05:32:18,798 --> 05:32:26,878
something more robust, more challenging,
they're happy to approve it. So, it

2965
05:32:24,160 --> 05:32:32,798
means it's the city recommending that,
not FEMA. So, please, this is not good

2966
05:32:30,718 --> 05:32:37,920
discussion here tonight and does not
build the trust I and others are looking

2967
05:32:34,878 --> 05:32:42,010
for. What I suspect this is about, and I
hope I'm wrong, but I'm not usually

2968
05:32:40,480 --> 05:32:46,638
wrong,
[snorts] is we have a situation where

2969
05:32:44,558 --> 05:32:52,480
because it deviates from the Coastal
Act, people want to use this variance

2970
05:32:49,440 --> 05:32:56,958
process as an accounting method to allow
the Coastal Commission, the Water

2971
05:32:54,718 --> 05:33:03,360
District, and others to track these
properties. It's an accounting method.

2972
05:33:01,280 --> 05:33:09,360
I've had discussions with people when I
did my own PV back months ago. You do

2973
05:33:07,680 --> 05:33:13,600
not have my building plans because of
issues like this. I am not going I have

2974
05:33:11,840 --> 05:33:18,320
too much respect for money to build more
than I need to build and where I want

2975
05:33:15,840 --> 05:33:23,798
it. It's my option. So, [snorts] thank
you. Thank you, Dean. there.

2976
05:33:32,558 --> 05:33:40,558
Uh, good evening again. Um, I'm not
going to question the validity of what

2977
05:33:37,600 --> 05:33:45,360
Mr. Winner said, uh, because I'm not
going to espouse conspiracy theories

2978
05:33:42,480 --> 05:33:50,878
about accounting, but I do think that
the intention of this ordinance is a

2979
05:33:47,760 --> 05:33:55,760
good one. Um because at face value one
would understand that any CDP in the

2980
05:33:53,520 --> 05:34:02,718
city of Malibu which does have a seaw
wall below the BFE creates a need for

2981
05:33:58,718 --> 05:34:06,558
variance. Thus maybe 90% of these 320
rebuilds even though they're building

2982
05:34:04,558 --> 05:34:11,840
back like for like they will be
installing a new seaw wall thus

2983
05:34:09,200 --> 05:34:16,718
triggering the need for variance and 80%
of those 320 applicants will be coming

2984
05:34:14,160 --> 05:34:21,040
to the city council for that variance.
it'll clog up the system. I think the

2985
05:34:19,120 --> 05:34:25,840
intent of the ordinance is to get rid of
that potential bottleneck. A bottleneck

2986
05:34:23,760 --> 05:34:30,320
which could cause delays for people
coming back home. Thus, I think you

2987
05:34:28,080 --> 05:34:35,040
should approve it. And if there are some
sort of conspiratorial accounting things

2988
05:34:32,878 --> 05:34:38,240
that come out of it, so be it. But I
don't think anybody's going to notice

2989
05:34:36,240 --> 05:34:42,160
because they'll be back at home enjoying
the sunsets that they appreciate so

2990
05:34:40,240 --> 05:34:47,920
much. Thank you.
>> Thank you, Darren.

2991
05:34:44,080 --> 05:34:52,840
I believe we had one speaker on Zoom.
Yes, Danny Smith.

2992
05:34:53,840 --> 05:34:58,798
» Good evening, council. Can you hear me?
>> We can hear you, Danny.

2993
05:34:57,280 --> 05:35:02,958
» Mayor Bruce, thank you. I appreciate
your questions. I don't know if the new

2994
05:35:01,120 --> 05:35:08,320
language is conflating California
requirements with FEMA requirements as

2995
05:35:04,878 --> 05:35:12,878
Don uh suggested. I do know that
planning is already requiring seaw walls

2996
05:35:10,558 --> 05:35:16,798
to be placed as landward as possible.
So, I'm not sure how that this could

2997
05:35:14,558 --> 05:35:21,040
open anyone up to an appeal if that's
the concern because planning isn't going

2998
05:35:18,718 --> 05:35:24,558
to approve a seaw wall that's any more
seawword than it has to be. It would

2999
05:35:23,040 --> 05:35:30,320
never reach any sort of appeal stage
with an unacceptable design. I'm reading

3000
05:35:27,360 --> 05:35:34,638
the federal regulations right now and
they say that new construction or

3001
05:35:32,000 --> 05:35:40,000
substantial improvements in the VE zone
must be free of obstruction

3002
05:35:37,200 --> 05:35:45,200
or constructed with non-supporting
breakaway walls. You can't build a seaw

3003
05:35:42,798 --> 05:35:50,000
wall with breakaway walls. So, in no way
do I see room to interpret it interpret

3004
05:35:47,280 --> 05:35:54,320
FEMA's regulations as somehow allowing
seaw walls without a variance. So, as I

3005
05:35:52,798 --> 05:35:58,240
see it, there's a federal requirement
that we can't wave nor violate unless we

3006
05:35:56,798 --> 05:36:02,080
want to lose our ability to manage the
flood plane, which we don't. We have a

3007
05:36:00,558 --> 05:36:06,160
current system that works, but it's
slow. Therefore, the city's reached an

3008
05:36:04,400 --> 05:36:10,558
agreement with FEMA on a way to speed it
up to meet the needs of this moment. I

3009
05:36:08,400 --> 05:36:13,680
thank the city for that. It's
unfortunate that we have to deal with

3010
05:36:11,760 --> 05:36:17,600
these FEMA requirements, but it is what
it is. Thank you.

3011
05:36:16,000 --> 05:36:24,280
» Right. Thank you, Danny. That closes
public comment. Bring it back up to city

3012
05:36:19,360 --> 05:36:24,280
council. Who would like to speak first?

3013
05:36:26,558 --> 05:36:35,600
» I guess I will. Um, I was clear on what
I was voting on earlier. Um I I what

3014
05:36:33,600 --> 05:36:42,878
I've studied
over the whole week has been that we're

3015
05:36:39,200 --> 05:36:49,360
um streamlining the process for seaw
walls with a administrator of public

3016
05:36:46,480 --> 05:36:54,878
works that then we can get people back
in their homes safely and quickly and

3017
05:36:52,240 --> 05:36:59,360
get insurance for those homeowners. So
now am I hearing something different or

3018
05:36:56,558 --> 05:37:02,360
deviation from that because I'm
confused?

3019
05:37:02,638 --> 05:37:09,908
» Yes, this um this new ordinance uh will
streamline this process.

3020
05:37:08,000 --> 05:37:14,160
» Yes. [clears throat]
[snorts]

3021
05:37:11,680 --> 05:37:19,120
» All right. Um first of all, I'm going to
say Dean, you're wrong that um this is

3022
05:37:17,280 --> 05:37:23,120
there's anything nefarious behind this.
I I mean I I agree with the comments

3023
05:37:21,600 --> 05:37:27,600
that this is being done for good
purposes. It's being done with the

3024
05:37:24,878 --> 05:37:33,520
intention of facilitating more
efficient, economical, and expedited

3025
05:37:30,080 --> 05:37:38,558
rebuilds on the beach. I am concerned
that it is inadvertently

3026
05:37:36,320 --> 05:37:42,160
um bringing in LCP requirements that
don't exist right now. And I and I and

3027
05:37:40,558 --> 05:37:45,120
you I don't think Don was saying they
were being conflated. I think Don was

3028
05:37:43,920 --> 05:37:48,480
saying he's embarrassed to not know
where in the federal regulation it is.

3029
05:37:46,958 --> 05:37:52,240
But I think the fact is they are being
conflated. I think I think there are

3030
05:37:50,080 --> 05:37:57,840
certain things in here that we're used
to requiring because we're used to

3031
05:37:54,480 --> 05:38:01,680
having the LCP apply and they've been
just put in here without the fact

3032
05:37:59,920 --> 05:38:06,320
without regard for the fact that they're
not necessarily built into the Code of

3033
05:38:04,240 --> 05:38:09,200
Federal Regulations. But as I said
before, even if if they are in the Code

3034
05:38:07,920 --> 05:38:13,520
of Federal Regulations, there's no need
to say them in our local ordinance

3035
05:38:11,600 --> 05:38:18,400
because they're already there by virtue
of the repeating the exact language from

3036
05:38:16,000 --> 05:38:22,400
the Code of Federal Regulations. if
they're not in the Code of Federal

3037
05:38:19,680 --> 05:38:26,160
Regulations, I think we are burdening
people with additional requirements that

3038
05:38:24,320 --> 05:38:29,040
don't exist currently. And that's
contrary to what we're seeking to

3039
05:38:27,520 --> 05:38:37,760
accomplish.
So, I am not convinced that a variance

3040
05:38:34,160 --> 05:38:42,320
is needed for any seaw wall. I I see the
argument that it is. I suspect that

3041
05:38:40,160 --> 05:38:48,000
argument might even be accurate, but I
don't know that it is for certain. And

3042
05:38:45,280 --> 05:38:54,000
again, I don't know why we need to
create an affirmative obligation to get

3043
05:38:50,718 --> 05:38:59,840
a variance for a seaw wall if the
federal regulations currently require a

3044
05:38:56,798 --> 05:39:03,520
variance for a seaw wall. And and if
Dean wants to spend the next nine months

3045
05:39:01,840 --> 05:39:06,878
arguing with people that it doesn't and
and insisting on not asking for a

3046
05:39:05,360 --> 05:39:10,878
variance and maybe going to superior
court to get a determination, it's his

3047
05:39:08,878 --> 05:39:14,638
right to do that. But if we adopt a
local ordinance that affirmatively says

3048
05:39:13,040 --> 05:39:19,040
to have a seaw wall for your lake
forlike rebuild, you must get a

3049
05:39:16,400 --> 05:39:22,480
variance, we are now cutting off any
argument that it doesn't currently exist

3050
05:39:20,638 --> 05:39:28,798
under federal law, which is the opposite
of what we've all been saying we want to

3051
05:39:24,638 --> 05:39:34,718
do for the past year. Same thing for the
um for the um

3052
05:39:32,638 --> 05:39:40,320
the septic systems, but may but maybe
that's not as important. But what I've

3053
05:39:38,558 --> 05:39:45,760
gone through this carefully and you know
I understand that we really don't have

3054
05:39:42,798 --> 05:39:50,000
the luxury of changing these words on
the fly because

3055
05:39:48,320 --> 05:39:54,080
doing so if we were to adopt an
ordinance other than the one the FEMA

3056
05:39:52,160 --> 05:39:57,600
representatives it's not FEMA you know
it's people employed at FEMA just like

3057
05:39:56,000 --> 05:40:00,558
when people say the city council when
it's really the staff that spoke to

3058
05:39:58,958 --> 05:40:04,480
somebody or the coastal commission when
it's somebody at the coastal commission

3059
05:40:01,760 --> 05:40:07,760
staff that's said something. But if we
change these,

3060
05:40:06,400 --> 05:40:11,520
we might do something that they're not
satisfied with. So, so in a sense, our

3061
05:40:09,520 --> 05:40:15,520
hands are tied. It comes to it comes to
us fully baked and we're told take it or

3062
05:40:13,760 --> 05:40:20,400
leave it because if we don't take it
exactly the way it is and make changes

3063
05:40:17,520 --> 05:40:24,718
to it, it'll it'll blow up in our face.
That's not fair. We we we need to be

3064
05:40:22,480 --> 05:40:30,160
able to debate whether these provisions
are necessary and appropriate and have

3065
05:40:27,600 --> 05:40:33,360
our determinations and maybe I'll be the
only one up here that thinks this way,

3066
05:40:31,680 --> 05:40:38,958
but have our determinations be taken
back to FEMA and and asked will this

3067
05:40:36,080 --> 05:40:44,878
work for you? It not not we have to do
this. As I read this whole all the red

3068
05:40:42,320 --> 05:40:51,360
all the red ink, there's really only one
place in which an affirmative obligation

3069
05:40:47,600 --> 05:41:00,160
to get a um
a variance is being imposed. It's in

3070
05:40:54,638 --> 05:41:05,280
subsection F to section 15.20.150 20.150
because it says current if the proposal

3071
05:41:02,558 --> 05:41:09,040
is
seaw walls designed to constructed for

3072
05:41:07,280 --> 05:41:13,600
the sole purpose of protecting septic
systems blah blah blah are subject to a

3073
05:41:12,000 --> 05:41:18,160
variance.
Why not use the exact same language as

3074
05:41:15,760 --> 05:41:22,878
the code of federal regulations? All new
construction and substantial improvement

3075
05:41:20,480 --> 05:41:25,840
that includes now Dean [clears throat]
says it's not even a seaw wall. and I

3076
05:41:24,558 --> 05:41:30,878
and I actually agree with him. That
includes an obstruction. Use the exact

3077
05:41:28,080 --> 05:41:35,040
words of the federal regulation and
leave people if they want to to debate

3078
05:41:33,520 --> 05:41:38,638
that they don't need a variance. That's
up to them. If they go for the variance,

3079
05:41:36,958 --> 05:41:42,480
they're going to get it very quickly and
they're going to be able to move on and

3080
05:41:40,400 --> 05:41:45,760
we've done our our our part to help
them. But if they want to take the

3081
05:41:44,160 --> 05:41:49,840
position that the Code of Federal
Regulations, which is what we're trying

3082
05:41:47,280 --> 05:41:54,558
to implement here, don't require a
variance for a seaw wall, let them make

3083
05:41:52,080 --> 05:42:00,400
their argument.
the um

3084
05:41:56,798 --> 05:42:04,320
section 6 15.20.080
subsection 6 has a lot of red ink.

3085
05:42:02,798 --> 05:42:08,320
There's a huge paragraph that's being
added.

3086
05:42:05,840 --> 05:42:11,120
All we need to say is if a property
owner should need to construct a

3087
05:42:09,900 --> 05:42:14,240
[clears throat] seaw wall to protect the
septic system serving a beachfront

3088
05:42:12,798 --> 05:42:18,718
property destroyed by the Pacific
Palisades fire if they should need to an

3089
05:42:17,040 --> 05:42:22,400
application is submitted for and an
application is submitted for a variance

3090
05:42:20,240 --> 05:42:25,760
to construct such seaw wall. the flood
plane administrator shall have the

3091
05:42:23,600 --> 05:42:31,360
authority to grant such a variance. So,
we're not imposing the obligation. We're

3092
05:42:28,160 --> 05:42:36,000
simply saying if you need a variance for
this thing, which you may or may not

3093
05:42:33,040 --> 05:42:41,920
need, we are empowering the flood plane
administrator to grant the variance.

3094
05:42:39,040 --> 05:42:46,240
Section 15.2.180
is a is proposed to be amended as

3095
05:42:43,840 --> 05:42:49,600
follows. A variance for the construction
of substantial improvement repair to a

3096
05:42:48,080 --> 05:42:52,400
seaw wall. By the way, that there's
there's something garbled there. It says

3097
05:42:50,958 --> 05:42:56,480
a variance for the construction or
substantial improvement repair to a seaw

3098
05:42:54,480 --> 05:43:00,000
wall. I think there's a word missing
that is intended only for the protection

3099
05:42:58,080 --> 05:43:03,440
of a septic system may be issued by the
flood plane administrator conditioned

3100
05:43:01,920 --> 05:43:08,320
upon the provisions and requirements set
out in 15.200

3101
05:43:05,600 --> 05:43:14,000
and 15.2010.
That language is unnecessary. It needs

3102
05:43:11,280 --> 05:43:17,440
only to say
hold. Oh, that that whole that whole

3103
05:43:15,520 --> 05:43:21,120
provision is unnecessary
because it's already covered elsewhere.

3104
05:43:19,440 --> 05:43:27,040
And again, it arguably creates an
inference. 15.20190

3105
05:43:24,638 --> 05:43:30,558
says, "Decision, this is the proposed
amendment. Decisions made by the flood

3106
05:43:28,958 --> 05:43:34,878
plane administrator under the authority
granted in section 15.2070 may be

3107
05:43:33,120 --> 05:43:38,718
appealed directly to the city council if
necessary. Variances granted for seaw

3108
05:43:37,280 --> 05:43:43,920
walls intended specifically to protect
septic systems shall be processed on an

3109
05:43:40,160 --> 05:43:48,638
exped." I like that. Um what it says
though arguably is that a a neighbor has

3110
05:43:46,718 --> 05:43:53,360
the right to go to the city council to
oppose the grant of a variance because

3111
05:43:50,878 --> 05:43:56,558
it says they can be appealed. Um it
should say decisions to deny a requested

3112
05:43:55,360 --> 05:43:59,920
variance made by the flood plane
administrator under the authority

3113
05:43:57,600 --> 05:44:04,080
granted in section 1522070
may be appealed by the applicant

3114
05:44:01,280 --> 05:44:07,120
directly to the city council. Any appeal
from the denial of an application for a

3115
05:44:05,760 --> 05:44:10,638
variance to construct a seaw wall
serving a beachfront property destroyed

3116
05:44:08,638 --> 05:44:14,558
by Pacific Palites fire shall be
processed on an expedited basis. I I

3117
05:44:12,798 --> 05:44:18,718
can't put this up on the board like
staff does when they present, but I I

3118
05:44:16,718 --> 05:44:23,440
think we should be narrowly tailoring
this language and not just having

3119
05:44:20,400 --> 05:44:28,080
general language. Um the title to
1520210

3120
05:44:25,520 --> 05:44:33,120
along with the text of subsection A
imply but don't affirmatively state that

3121
05:44:30,798 --> 05:44:37,760
a variance is required in these
circumstances. That implication can be

3122
05:44:35,440 --> 05:44:42,240
eliminated. We could say we could make
the title special expedition of

3123
05:44:40,320 --> 05:44:46,160
applications for any variances that may
be required with respect to construction

3124
05:44:44,240 --> 05:44:51,600
of lake for lake rebuilds of beachfront
properties destroyed by the palisades

3125
05:44:47,760 --> 05:44:55,440
fire rather than for var special
variance provisions for seaw walls to

3126
05:44:52,958 --> 05:45:00,400
protect septic systems. We could then
say under the heading expedited

3127
05:44:57,360 --> 05:45:03,680
variances simply the following
applications for a variance that may be

3128
05:45:02,240 --> 05:45:08,240
required for the construction of lake
forlike rebuilds of properties destroyed

3129
05:45:05,280 --> 05:45:12,000
by the Pacific Palates fire
um

3130
05:45:09,760 --> 05:45:16,958
are eligible for expedited variances to
facilitate the timely development permit

3131
05:45:14,320 --> 05:45:21,120
approvals. That's that the the the
latter part of that's already in there.

3132
05:45:18,160 --> 05:45:24,798
I just added the the the initial part.
Um,

3133
05:45:22,718 --> 05:45:29,040
I have a couple others, but I mean the
point is I've gone through this very

3134
05:45:26,638 --> 05:45:35,120
carefully with a deliberate effort to
make sure that we're not expanding upon

3135
05:45:32,638 --> 05:45:38,718
whatever's in the CFR because whatever's
in the CFR, we're bound to follow. We

3136
05:45:37,120 --> 05:45:42,320
have an ordinance that we prepared years
ago that nobody's had any problem with.

3137
05:45:40,718 --> 05:45:45,600
FEMA hasn't had any problem with it.
We've been implementing it however we've

3138
05:45:43,920 --> 05:45:50,558
been implementing it. And it doesn't
have a lot of these things in here. All

3139
05:45:48,400 --> 05:45:56,240
we're seeking to do, we're being told.
and I agree is expedite the way you get

3140
05:45:53,840 --> 05:46:00,798
a variance. Not change what you need to
do to get a variance, but expedite the

3141
05:45:58,558 --> 05:46:05,680
way you get the variance. Shift it from
the city council to the administrator. I

3142
05:46:04,320 --> 05:46:11,440
really don't know why we didn't need to
just say that. just say just add a

3143
05:46:09,040 --> 05:46:14,558
provision that says in where it states
that the city council has that a

3144
05:46:13,440 --> 05:46:19,840
variance will be issued by the city
council in cases where a lake forlike

3145
05:46:17,920 --> 05:46:24,000
rebuild resulting from the palisades
fire is being constructed any variant

3146
05:46:22,240 --> 05:46:27,280
should be required the flood
administrator whoever the person is

3147
05:46:25,440 --> 05:46:30,000
shall have the authority to do it.
Bruce, if I could

3148
05:46:28,558 --> 05:46:34,240
» one one last thing. Okay.
>> I also wanted to add and I a provision

3149
05:46:32,400 --> 05:46:37,440
at the very end of this that says
nothing in this chapter is intended to

3150
05:46:36,080 --> 05:46:41,280
suggest that a variance of the type
addressed by this chapter is required to

3151
05:46:39,440 --> 05:46:45,040
construct a seaw wall to protect a
septic system serving a lake forlike

3152
05:46:43,040 --> 05:46:48,718
rebuild of a structure on a beachfront
property destroyed by the Pacific

3153
05:46:46,240 --> 05:46:51,520
Palisades fire. Nor is this provision
intended to suggest that a variance of

3154
05:46:50,160 --> 05:46:55,760
the type addressed by this chapter is
not required for such construction.

3155
05:46:53,600 --> 05:46:59,520
Rather, this chapter simply sets forth a
process for obtaining such a variance if

3156
05:46:57,440 --> 05:47:02,480
and when it's requested. Whether such a
variance is required in the first

3157
05:47:00,798 --> 05:47:07,600
instance is governed by applicable
federal laws and regulations. We should

3158
05:47:05,040 --> 05:47:12,160
not meddle. There have been many appeals
that I've seen and include in including

3159
05:47:09,760 --> 05:47:17,280
the and including the Riddic case that
went to the the appeals court and came

3160
05:47:14,240 --> 05:47:22,958
out against us that were because someone
in this city when mimicking a statute

3161
05:47:20,000 --> 05:47:27,760
somewhere else changed a word, inserted
a comma, made an and or flipped the way

3162
05:47:25,840 --> 05:47:31,440
a sentence was written. And as a result
of doing that, we had a substantively

3163
05:47:29,920 --> 05:47:36,240
different law than we were intending to
have. When you're dealing with

3164
05:47:33,520 --> 05:47:40,718
legislation, you don't make you don't
make changes that aren't necessary

3165
05:47:38,080 --> 05:47:45,680
because every single period, every
comma, every word that you inject can

3166
05:47:43,680 --> 05:47:49,680
have substantive significance. You do
the least harm possible. And we're not

3167
05:47:48,000 --> 05:47:54,320
doing that. We're going out of our way
here with an intention of being helpful,

3168
05:47:52,878 --> 05:47:57,440
which could end up blowing up in the
face of our residents who are trying to

3169
05:47:56,000 --> 05:48:01,280
create like for Lake Rebels. And that's
the point Dean's been making. I don't

3170
05:47:59,120 --> 05:48:05,120
attribute any ill will to anybody. I
think this is being done for all of the

3171
05:48:02,958 --> 05:48:11,120
best purposes, but I think we're going
overboard and perhaps inadvertently

3172
05:48:07,200 --> 05:48:16,240
creating bad requirements. So, I would
defer this. Maybe I'm sure I I suspect I

3173
05:48:14,798 --> 05:48:23,120
would defer this. I would go back to
FEMA with a request that we simply amend

3174
05:48:18,958 --> 05:48:29,280
this to to to shift the the approval
request to the administrator for these

3175
05:48:26,798 --> 05:48:33,360
limited purposes if they're required.
Full stop. It's all we need to do. I

3176
05:48:31,600 --> 05:48:37,280
don't know why we didn't do just that in
the beginning. So, Doug, go ahead.

3177
05:48:35,280 --> 05:48:42,558
» Yeah, Bruce, you know, as I listen to
you, you've you've got major issues with

3178
05:48:40,718 --> 05:48:47,840
this and you're substantially rewriting
what's on here, and I I appreciate that.

3179
05:48:44,878 --> 05:48:51,600
I honestly, I talk all the time about
all five of us bring our skills to the

3180
05:48:49,680 --> 05:48:56,958
table, and you're bringing your skill to
the table, and we need to consider that.

3181
05:48:54,558 --> 05:49:02,000
Um,
I don't disagree with you one bit. This

3182
05:48:59,760 --> 05:49:07,520
the efficiency would be to say reference
such and such and shut up and go home.

3183
05:49:05,520 --> 05:49:13,040
Uh that we don't need to re recite
everything. So my questions are a couple

3184
05:49:09,920 --> 05:49:16,558
fold here. First off, how did this get
written? Did we write this? Where did it

3185
05:49:15,120 --> 05:49:21,840
come from?
We did we work with FEMA and just to add

3186
05:49:19,600 --> 05:49:26,558
a little bit more information about uh I
know we're talking about like for like

3187
05:49:23,760 --> 05:49:30,878
rebuild but from a FEMA perspective FEMA
doesn't look at it like for like for

3188
05:49:28,480 --> 05:49:37,360
like rebuild because some of those homes
might be built you know 50 years ago

3189
05:49:34,080 --> 05:49:44,958
under totally different regulations and
um different flood maps. So that's why

3190
05:49:40,798 --> 05:49:52,718
uh all this language was made um into
that new ordinance to stay there because

3191
05:49:48,240 --> 05:49:55,360
of the all this new um rules apply.
But

3192
05:49:53,200 --> 05:50:00,718
» I mean we look at it as like to like
rebuild but they're not they're not like

3193
05:49:57,840 --> 05:50:03,840
for like rebuild because when we're
talking about like for like we're

3194
05:50:01,920 --> 05:50:08,958
talking more about the square footage of
the house if there is additional

3195
05:50:05,840 --> 05:50:15,440
bedrooms but what FEMA is looking for
it's a totally different uh parameters.

3196
05:50:12,400 --> 05:50:18,878
» Okay. Um,
you know, if you if you really think

3197
05:50:17,040 --> 05:50:22,558
about it, why do we even need to have
FEMA approve

3198
05:50:21,200 --> 05:50:26,638
uh where the appeal is going to be
approved? I guess that's that's the

3199
05:50:24,240 --> 05:50:33,040
start of my question. If the if it's the
city internal, we could delegate this to

3200
05:50:29,280 --> 05:50:36,798
the uh public works director and that
would be it. Would it not? Is that not

3201
05:50:35,120 --> 05:50:41,200
acceptable to FEMA? the fact we've got
the same rules we had before and we're

3202
05:50:39,360 --> 05:50:45,600
just going to have the public works
director approve it.

3203
05:50:43,200 --> 05:50:50,798
» Well, that will qualify us to
participate in the um in the flat

3204
05:50:48,320 --> 05:50:57,200
insurance to continue participating and
even more than that um that might uh

3205
05:50:54,160 --> 05:51:00,400
jeopardize from getting federal grants
and assistant in in the future

3206
05:50:59,680 --> 05:51:03,840
disasters.
>> Okay, I'm I'm aware of what the pitfall

3207
05:51:02,160 --> 05:51:10,480
would be, but I'm thinking this is an
administrative issue. What keeps us from

3208
05:51:06,878 --> 05:51:15,120
administratively assigning it to any
person to do it as opposed to the city

3209
05:51:12,878 --> 05:51:18,638
council having to do the appeal? I mean,
why does FEMA care about how we do this

3210
05:51:17,040 --> 05:51:21,760
internally?
>> That's that's our process. That's our

3211
05:51:20,400 --> 05:51:25,200
current process.
>> Well, I understand that's our process,

3212
05:51:23,360 --> 05:51:28,958
but why does FEMA care if we want to
change it to where the public works

3213
05:51:26,878 --> 05:51:33,280
director can appeal can approve it?
>> We can go back to FEMA and possibly they

3214
05:51:31,280 --> 05:51:39,760
will be open to changing this language.
However, uh that's the language they

3215
05:51:35,840 --> 05:51:46,000
have approved right now and uh for us to
modify anything, I think we we're facing

3216
05:51:42,718 --> 05:51:49,760
uh sign significant delays in instead
for helping all these houses to get to

3217
05:51:48,480 --> 05:51:52,240
get rebuilt faster.
>> How long ago did we start this with

3218
05:51:51,120 --> 05:51:56,000
FEMA?
>> That that took several months.

3219
05:51:55,200 --> 05:52:00,400
» Say again.
>> Several months. More than six months.

3220
05:51:57,840 --> 05:52:04,718
» Okay. So, you think we'd have to do the
same six-month routine

3221
05:52:01,840 --> 05:52:08,000
» at least? Yes, with uh yeah, with the
shutdowns

3222
05:52:06,558 --> 05:52:11,280
of the government, it might be even
more.

3223
05:52:08,798 --> 05:52:16,320
» Yeah, I I really think uh I agree with
Bruce. You run the risk whenever you

3224
05:52:13,040 --> 05:52:20,558
copy and paste something uh you run the
risk of a not following the changes that

3225
05:52:18,718 --> 05:52:27,440
might have occurred in the law as well
as you make a mistake somewhere, you you

3226
05:52:23,680 --> 05:52:31,200
you've tripped yourself up. Um, let's
hear what anybody else might have to

3227
05:52:28,878 --> 05:52:37,638
say, but um, Marian,
>> I I'm I'm troubled by how long it might

3228
05:52:33,040 --> 05:52:37,638
take to get get a change to this.

3229
05:52:38,480 --> 05:52:44,638
» Um, [clears throat] well, I just I think
I want clarification from the city

3230
05:52:41,440 --> 05:52:50,638
attorney. Does the city council have the
authority

3231
05:52:46,160 --> 05:52:56,798
to change and delegate the
flood plan administrator

3232
05:52:53,040 --> 05:53:01,680
as the authority to um make this
determination and grant these variances?

3233
05:53:00,240 --> 05:53:06,080
» So, we have the power to change our
code. Absolutely. You could change this

3234
05:53:03,200 --> 05:53:10,958
to whatever you want. The issue is um
from section 60.1A of the federal

3235
05:53:09,440 --> 05:53:13,840
regulations we're looking here. here
says the app provides that flood

3236
05:53:12,160 --> 05:53:17,040
insurance shall not be sold or renewed
under the program within a community

3237
05:53:15,680 --> 05:53:20,080
unless the community has adopted
adequate flood plane management

3238
05:53:18,320 --> 05:53:25,840
regulations consistent with federal
criteria. So the question being um

3239
05:53:24,240 --> 05:53:29,520
whether they would determine that the
program is consistent with the federal

3240
05:53:28,160 --> 05:53:33,760
criteria. Now, if it's just an
administrative change, I think it would

3241
05:53:30,958 --> 05:53:37,600
be a difficult argument that um it's not
consistent with the federal criteria,

3242
05:53:35,280 --> 05:53:44,558
but you have a guaranteed language in
front of you um here that has been

3243
05:53:39,840 --> 05:53:47,200
signed off by them. Um but um it would
be a difficult argument, I think, for

3244
05:53:45,840 --> 05:53:51,040
them to say that it's not consistent for
just making an administrative change,

3245
05:53:48,798 --> 05:53:56,558
but you are taking on risk by doing
that. Well, I mean there's other areas

3246
05:53:53,200 --> 05:54:01,280
of the code where we designate a staff
member to be the administrator of codes,

3247
05:54:00,080 --> 05:54:04,878
i.e. the building code.
>> Yep.

3248
05:54:02,320 --> 05:54:11,040
» So, I guess I'm just looking for
clarification. Do we have the authority

3249
05:54:08,400 --> 05:54:15,440
to just designate and so do we need to
make changes to our ordinance in order

3250
05:54:14,080 --> 05:54:18,798
to designate
>> that change?

3251
05:54:16,958 --> 05:54:22,240
Yes, because the code currently
designates a process that requires the

3252
05:54:20,638 --> 05:54:25,680
variances to be to go to the city
council. So, if you want to change that,

3253
05:54:23,840 --> 05:54:28,638
we would need to change our code.
>> Okay. But look, it's not a binary

3254
05:54:27,200 --> 05:54:31,920
decision that we either make all these
changes or we make only that other

3255
05:54:30,000 --> 05:54:36,160
change and take our chances. It's very
easy to pick up the phone, call FEMA

3256
05:54:34,000 --> 05:54:40,320
tomorrow and ask them if all we do is
add a paragraph that says where it says

3257
05:54:38,480 --> 05:54:45,200
city council makes these decisions,
we've determined it ought to be for

3258
05:54:41,920 --> 05:54:48,480
purposes of these um rebuilds, the
public works director. And the person

3259
05:54:46,798 --> 05:54:52,718
will either say, you got to be kidding
me, or sure, why are you even bothering

3260
05:54:50,798 --> 05:54:55,920
to think that would be a problem? And I
suspect they're going to say, of course,

3261
05:54:54,000 --> 05:55:00,240
and then we just adopt that one sentence
and we're off to the races. And I would

3262
05:54:58,080 --> 05:55:04,878
have done that six months ago if I had
understood this issue.

3263
05:55:02,160 --> 05:55:09,600
» Well, I well, I agree with what you're
saying. In principle, I doubt that it's

3264
05:55:07,040 --> 05:55:13,680
that easy of just a phone call.
>> Well, other thing I'd add to them is

3265
05:55:11,360 --> 05:55:17,280
that our president wants these rebuilds
done as expeditiously as possible and

3266
05:55:15,520 --> 05:55:22,480
doesn't want to add any requirements,
including building code requirements.

3267
05:55:20,000 --> 05:55:26,558
» Do you have a proposed solution?
>> Yeah, we defer this for one more

3268
05:55:24,320 --> 05:55:30,638
meeting. We call FEMA in the interim and
we find out whether if we just scrap all

3269
05:55:28,320 --> 05:55:35,760
these changes and only make the change
of deferring to the um public works

3270
05:55:33,120 --> 05:55:38,558
director that's satisfactory to them.
And if they say no, then we have a

3271
05:55:37,280 --> 05:55:41,120
harder decision to make. Well, maybe you
all don't have a hard decision to make.

3272
05:55:39,760 --> 05:55:45,520
I I will still have a hard decision to
make.

3273
05:55:43,920 --> 05:55:49,840
I'll move that we defer this for till
the next meeting and then the interim

3274
05:55:46,958 --> 05:55:55,200
staff try to get the cons the sign off
by FEMA to simply change this to def to

3275
05:55:53,280 --> 05:55:59,280
um delegate the authority to grant a
variance in this limited circumstance to

3276
05:55:57,600 --> 05:56:04,718
the public works director.
>> Yeah, we're running into risk that might

3277
05:56:02,000 --> 05:56:12,320
not get any response anytime soon.
>> Yeah, they're closed right now.

3278
05:56:08,160 --> 05:56:17,760
» Federal government shut down FEMA. Um,
also how many applications are pending

3279
05:56:15,120 --> 05:56:22,400
approval this?
>> I know of at least two that are ready to

3280
05:56:20,638 --> 05:56:26,878
receive Darian that are
>> and the only thing that they're holding

3281
05:56:23,680 --> 05:56:29,280
on is a public works stamp with this.
>> Yes. Bring

3282
05:56:27,840 --> 05:56:33,680
» and the option would be then bringing
them forward to a city council meeting

3283
05:56:31,200 --> 05:56:37,040
to have us approve the variance.
>> Correct.

3284
05:56:35,680 --> 05:56:40,878
» Okay. So, if there's only two, how many
are in the pipeline, do you think over

3285
05:56:38,400 --> 05:56:45,200
the next month? Oh, there will be there
will be more. I know there is a two or

3286
05:56:43,040 --> 05:56:46,558
three more that are getting close to
that point.

3287
05:56:45,840 --> 05:56:48,320
» Okay. So,
>> and there will [clears throat] be there

3288
05:56:47,600 --> 05:56:52,400
will be more
>> a handful over the next month or two.

3289
05:56:50,320 --> 05:56:56,798
» Bruce, I got a suggestion for you.
>> Why don't we just do it this way? Why

3290
05:56:54,480 --> 05:57:02,000
don't we just have the uh public works
director say they approve it, bring it

3291
05:56:59,280 --> 05:57:06,480
into the council as a consent item,
that's the appeal done.

3292
05:57:03,520 --> 05:57:09,840
» I think we had a brown eye problem.
>> I don't think we can just put a consent.

3293
05:57:08,480 --> 05:57:12,400
I think I think requires a public
hearing

3294
05:57:10,638 --> 05:57:16,080
» because it's a variance regardless. We
still have to have the full

3295
05:57:14,320 --> 05:57:21,040
» Yeah, be nice to be able to do that.
Makes makes common sense, but violates

3296
05:57:18,480 --> 05:57:25,360
California law. But if if look, if we're
talking about a handful of these over

3297
05:57:23,360 --> 05:57:30,400
the next month or two, I suspect even
three. Um, let's bring them on. Let's

3298
05:57:28,320 --> 05:57:33,360
let's get let's hammer them out here.
Let's do it quickly. Let's get the

3299
05:57:32,080 --> 05:57:39,680
people their approvals. and in the
interim, let's work on getting FEMA to

3300
05:57:35,360 --> 05:57:45,120
agree that all we need is to defer the
authority to the floodplane

3301
05:57:41,360 --> 05:57:49,360
administrator. And you know, so the the
choice is possibly do a bunch of harm by

3302
05:57:47,520 --> 05:57:53,520
adding a bunch of words which maybe we
don't need to add so that we can approve

3303
05:57:51,440 --> 05:57:57,120
it today and not have any public
hearings or have a handful of public

3304
05:57:55,520 --> 05:58:00,558
hearings over the next couple months and
in the interim try to see if we can't

3305
05:57:59,040 --> 05:58:03,600
work it out so that we don't have to
take a chance on saying things we

3306
05:58:02,080 --> 05:58:05,920
shouldn't say. That that would be my
preference.

3307
05:58:04,160 --> 05:58:09,760
» Yeah. Well, I agree with you, Bruce.
Let's let's get these two that you've

3308
05:58:07,920 --> 05:58:15,360
got pinning right now on the agenda for
next next meeting and do an expedited uh

3309
05:58:13,520 --> 05:58:20,638
variance approval, but with the
recommendation of the public works

3310
05:58:16,638 --> 05:58:26,160
director and in this meantime see if we
can't clean this up with FEMA because I

3311
05:58:24,240 --> 05:58:29,760
I don't see the real benefit of
regurgitating all this information when

3312
05:58:28,320 --> 05:58:33,680
all we're really looking for is just a
change of approval form. It's an

3313
05:58:31,360 --> 05:58:37,840
administrative issue. It's not It's not
like we need to recite it. And I'm more

3314
05:58:35,840 --> 05:58:42,638
worried the more I think about this that
FEMA makes a change somewhere in the

3315
05:58:40,080 --> 05:58:46,080
Federal Register. We don't catch it.
It's in our ordinance. And because we

3316
05:58:44,798 --> 05:58:50,000
didn't catch it, now we're out of
compliance. I I'm beginning to be more

3317
05:58:48,480 --> 05:58:54,320
worried about that now than anything
else.

3318
05:58:51,600 --> 05:58:58,320
So why can't we just do a expedited
variance approval? I mean, I got to tell

3319
05:58:55,760 --> 05:59:02,958
you, in in some states when they adopt
laws like these that track federal law,

3320
05:59:00,638 --> 05:59:07,280
they just say you shall follow the
federal law. One sentence, you know, you

3321
05:59:05,200 --> 05:59:10,878
don't need to regurgitate it and risk
saying things wrong. You just adopt it

3322
05:59:09,600 --> 05:59:15,920
as the local law.
>> I I'm I'm with you on that, Bruce. I I

3323
05:59:12,958 --> 05:59:21,120
think we're we're needlessly
entangling ourselves when we don't need

3324
05:59:17,920 --> 05:59:25,680
to. So, I I'll move that we defer
approval of this until we can have a

3325
05:59:24,000 --> 05:59:31,280
further conversation with FEMA about
doing it more simply and in the interim

3326
05:59:28,558 --> 05:59:34,798
bring on the variance requests. Look, I
cannot believe there's going to be a

3327
05:59:33,120 --> 05:59:40,320
public
um upcry outcry when we hear these the

3328
05:59:38,718 --> 05:59:44,080
variance requests. I mean, even the
Malibu Township Council is not going to

3329
05:59:41,760 --> 05:59:47,280
come in here with 15 speakers saying
don't let this person have the variance

3330
05:59:45,600 --> 05:59:51,680
to construct their seaw wall. I I'll be
shocked if anyone says boo. We'll have a

3331
05:59:50,160 --> 05:59:54,878
staff presentation. We'll have the
person whose application is before us

3332
05:59:53,280 --> 05:59:58,798
say please grant us the variance and
we'll vote. I

3333
05:59:56,240 --> 06:00:05,360
» I don't think it's so much an outcry by
the community against these variance

3334
06:00:02,878 --> 06:00:11,680
applications. I think it's the time to
the property owners that are waiting for

3335
06:00:08,160 --> 06:00:18,160
their stamp to commence construction.
So, if we can get this done at the next

3336
06:00:15,520 --> 06:00:21,600
meeting, I wholeheartedly support this.
If it's going to be,

3337
06:00:20,400 --> 06:00:24,240
» you know, we're we're trying to get
permits issued and we can't delay

3338
06:00:23,440 --> 06:00:26,558
getting these permits.
>> Right. That's my point is there's two

3339
06:00:25,520 --> 06:00:30,320
right now. Those two [clears throat] can
be heard in two weeks and we can approve

3340
06:00:28,400 --> 06:00:32,400
them in an hour.
>> That's providing staff can get those

3341
06:00:31,760 --> 06:00:35,600
reports.
>> Hopefully, well, do we have a 30-day I

3342
06:00:34,718 --> 06:00:40,240
mean, this is not an open.
>> Yeah. Can I refer to the city attorney

3343
06:00:37,440 --> 06:00:43,120
to um to see how how they can be done?
The expedited approval.

3344
06:00:41,760 --> 06:00:46,320
» Yeah, this isn't that kind of this isn't
a public hearing like a land use appeal.

3345
06:00:44,878 --> 06:00:48,558
Do we need to follow those kinds of
procedures?

3346
06:00:47,040 --> 06:00:51,680
» We have set procedures for these
variances that have been um that have

3347
06:00:50,638 --> 06:00:56,480
been brought forward before. I believe
it requires a public hearing. Um we'd

3348
06:00:54,958 --> 06:01:01,360
have to go back. We don't hear them very
often, but we have consistently heard

3349
06:00:58,798 --> 06:01:05,680
these on a regular basis for some time,
I believe. Kelsey,

3350
06:01:03,120 --> 06:01:10,080
» if I will jump into I know Yolanda was
telling me there's probably seven at

3351
06:01:07,520 --> 06:01:15,920
least seven to 10 more waiting that'll
soon be coming just so we know like so

3352
06:01:12,878 --> 06:01:19,120
if if we do this we need to make sure uh
it's going to be on the agenda going

3353
06:01:17,840 --> 06:01:23,440
forward for a few months.
>> So what are the noticing requirements

3354
06:01:20,798 --> 06:01:26,878
for this type of a variance?
>> So so we're absolutely certain we just

3355
06:01:25,280 --> 06:01:32,000
can't rubber stamp the public works
director. We have to

3356
06:01:31,280 --> 06:01:35,760
to address
>> we need to have a hearing

3357
06:01:34,240 --> 06:01:39,200
» to address the noticing question. I
don't know the noticing requirements for

3358
06:01:37,280 --> 06:01:42,878
this type of item offhand. I'm looking
at it now for the first time. Um we'll

3359
06:01:41,680 --> 06:01:46,718
have to confirm if there is an
additional notice requirement beyond the

3360
06:01:44,480 --> 06:01:51,280
posting of the agenda and then with that
we do have to at least post the items

3361
06:01:48,958 --> 06:01:55,440
with the agenda. Typically we try
although we often amend we try to post

3362
06:01:53,040 --> 06:01:59,840
them 10 days in advance and we do have a
internal review workflow before that.

3363
06:01:57,600 --> 06:02:03,520
So, it's usually a 19-day process for
most items once the department's ready

3364
06:02:01,600 --> 06:02:06,080
to sign off on it to actually get it
before you.

3365
06:02:04,400 --> 06:02:10,480
» If I may have Kelsey, I have a
suggestion. So, sorry, Council Member

3366
06:02:07,680 --> 06:02:13,920
Stewart. I think uh you know, at the
last meeting, we were planning to bring

3367
06:02:12,320 --> 06:02:18,080
this back for a second reading tonight
and we weren't even going to do the

3368
06:02:15,360 --> 06:02:25,280
ordinance, uh the urgency ordinance. So,
that tells me that there was some time

3369
06:02:19,840 --> 06:02:30,240
in the process to allow a 30-day uh
appeal period to take effect after the

3370
06:02:27,680 --> 06:02:37,120
second reading of the ordinance. Uh, and
is that fair? Uh, city attorney.

3371
06:02:34,400 --> 06:02:41,920
So, if first reading, last meeting,
second meeting was tonight. We did the

3372
06:02:39,680 --> 06:02:45,360
urgency to make it effective tonight,
but we weren't even planning to do the

3373
06:02:43,760 --> 06:02:51,040
urgency,
>> right? But that would have held those

3374
06:02:47,440 --> 06:02:54,798
property owners at least 30 days from
tonight before they would be able to

3375
06:02:52,958 --> 06:02:59,840
have their permit issued to commence
construction. The purpose of the urgency

3376
06:02:57,120 --> 06:03:05,280
was so that we wouldn't have that 30-day
delay or 30-day plus delay.

3377
06:03:02,878 --> 06:03:10,240
» I I I Yeah, that's kind of what I was
trying to For some reason though, we we

3378
06:03:08,160 --> 06:03:13,760
at staff I don't I wasn't here. I don't
know the rationale, but we were just

3379
06:03:12,240 --> 06:03:18,798
bringing a second reading tonight. you
had the suggestion for urgency. It was

3380
06:03:15,760 --> 06:03:22,320
good to streamline, but clearly the
applicant and staff had been talking

3381
06:03:20,240 --> 06:03:26,320
that there was time available. So, I I
think to Kelsey's point, rushing this

3382
06:03:24,000 --> 06:03:30,878
for the next meeting could be a problem.
Probably the earliest if we're going to

3383
06:03:27,920 --> 06:03:35,200
bring back these variances would be the
April 13th meeting.

3384
06:03:33,120 --> 06:03:38,080
» The council also could adopt this
tonight and then come back and change it

3385
06:03:36,718 --> 06:03:42,878
after speaking with FEMA would be an
option, too. It may

3386
06:03:41,360 --> 06:03:46,240
» I don't know if it'll prejudice the
conversation with FEMA, but you would be

3387
06:03:44,320 --> 06:03:52,638
able to make the changes to your code.
>> I have one more. Um, so

3388
06:03:50,000 --> 06:03:57,280
once the variance is approved, is there
a waiting period

3389
06:03:54,878 --> 06:04:03,920
after the city council makes that
approval that the homeowner has to wait?

3390
06:04:01,680 --> 06:04:08,958
» There's an appeal period.
>> And how long is that appeal period?

3391
06:04:05,840 --> 06:04:14,240
» It's a 30 days. 30-day appeal period.
>> Appeal appeal to who?

3392
06:04:11,920 --> 06:04:19,280
» It's it's our uh it's in our municipal
code. It just follows the um

3393
06:04:17,280 --> 06:04:22,638
» the variance requirements for
>> the variance requirements.

3394
06:04:21,280 --> 06:04:25,600
» Well, first of all, Steve's been quiet
and I know he's been waiting to talk.

3395
06:04:24,240 --> 06:04:28,736
So, let's let's get his comments and
then we can continue.

3396
06:04:26,798 --> 06:04:32,958
» Okay.
[clears throat]

3397
06:04:30,000 --> 06:04:36,798
My concern is FEMA's closed down. I have
no idea when it's going to open up

3398
06:04:34,320 --> 06:04:40,320
again. And and we can sit around and say
we're going to talk to them, but there

3399
06:04:37,920 --> 06:04:44,798
just nobody to talk to. All right? And I
think the process of getting these

3400
06:04:43,120 --> 06:04:48,558
variances approved and getting these
homeowners moving forward is the most

3401
06:04:47,120 --> 06:04:54,160
important thing we're supposed to be
doing. Now I I and I'll go back to the

3402
06:04:51,520 --> 06:04:59,760
last comment Trevor made is that if we
approve this, okay, and we get it done.

3403
06:04:57,040 --> 06:05:03,840
So we we can now move forward is what we
have, we can always go back and talk to

3404
06:05:01,920 --> 06:05:07,360
FEMA at some point in time and say,
"Look guys, if there was an easier way,

3405
06:05:05,600 --> 06:05:11,040
would you agree to allow us to make a
change and do it the easier way?" I

3406
06:05:09,200 --> 06:05:15,920
think there's a shot at that. I don't I
don't know what FEMA thinks, okay? But

3407
06:05:13,920 --> 06:05:19,520
it at least I got everything going
forward and I just don't want to see

3408
06:05:17,760 --> 06:05:25,360
this thing get stalled right now because
that is not what we're supposed to be

3409
06:05:22,320 --> 06:05:30,480
doing. I mean our job is at least in my
mind. So I'm I'm inclined to say let's

3410
06:05:28,240 --> 06:05:34,558
approve this thing. If we got an issue,
go back and talk to FEMA, see if we can

3411
06:05:32,638 --> 06:05:39,040
get something done there. If we need
more help, if you need more help, go

3412
06:05:37,200 --> 06:05:43,360
back to FEMA, let us know. I don't know
what I don't know what assistance we

3413
06:05:41,360 --> 06:05:46,718
could provide to make a conversation
with them more meaningful, but I'm

3414
06:05:45,280 --> 06:05:50,480
certainly willing to consider whatever
the hell you might have. But let's get

3415
06:05:48,638 --> 06:05:54,080
this done and move it forward. We We've
been spending an hour and a half on

3416
06:05:51,680 --> 06:05:58,480
this. It's enough. Let's get it done.
>> If I could make a motion, I I think the

3417
06:05:56,558 --> 06:06:02,558
right approach on this is do exactly
what Trevor and Steve has suggested.

3418
06:06:00,958 --> 06:06:07,680
Let's make a motion to approve this
tonight. direct the city staff to go

3419
06:06:05,840 --> 06:06:11,440
back and see if we can get a more
efficient approach. And while we're

3420
06:06:10,160 --> 06:06:17,120
while we're working on the more
efficient approach, we've got this less

3421
06:06:14,080 --> 06:06:19,680
than perfect uh document, but we're
going to get people moving under

3422
06:06:18,320 --> 06:06:25,040
permits. And that's what the whole idea
is. And yeah, we we might have 10 to 15

3423
06:06:22,480 --> 06:06:29,040
that maybe aren't as clean as we'd like,
but at least we got them done. So I'll

3424
06:06:27,360 --> 06:06:33,120
make a motion to approve it
>> with the condition that the staff uh

3425
06:06:30,958 --> 06:06:36,878
explores other options on how to make
this more efficient.

3426
06:06:35,200 --> 06:06:43,440
» So that's staff's recommendation but
directing the uh staff to reach out to

3427
06:06:39,840 --> 06:06:48,638
FEMA to seek to um more narrowly tailor
the process um and the the amendment to

3428
06:06:46,240 --> 06:06:53,760
the ordinance. Is that correct?
>> You said it better than I did. And that

3429
06:06:50,320 --> 06:06:57,920
would be to to uh um adopt urgency
ordinance number 533U, an urgency

3430
06:06:56,400 --> 06:07:02,080
ordinance of the city of Malibu amending
Malibu Municipal Code Chapter 15.20 to

3431
06:07:00,558 --> 06:07:05,120
make technical amendments to the flood
plan management ordinance and finding

3432
06:07:03,520 --> 06:07:09,000
the same exempt from the California
Environmental Quality Act.

3433
06:07:09,600 --> 06:07:15,680
» Anybody like it enough to second it?
>> I second.

3434
06:07:12,638 --> 06:07:19,440
» I have a question. Where in the existing
ordinance does it say that the city

3435
06:07:17,600 --> 06:07:24,638
council has to have a public hearing
pursuant to the traditional land use

3436
06:07:21,760 --> 06:07:28,080
public hearing requirements?
Where where is the public hearing

3437
06:07:26,240 --> 06:07:32,680
requirement
of the city council in our existing

3438
06:07:29,680 --> 06:07:32,680
ordinance?

3439
06:07:37,760 --> 06:07:42,160
I'm not aware of that specified in
there. I do know that we've held these

3440
06:07:40,878 --> 06:07:44,080
before and it's been a public hearing
and that's how it's been processed.

3441
06:07:43,600 --> 06:07:47,040
Okay.
>> I don't know if that's set up in

3442
06:07:45,200 --> 06:07:52,240
resolutions. I don't know if that's how
we process them traditionally um

3443
06:07:50,160 --> 06:07:55,840
according to our other public hearings.
I don't believe it's specified in the

3444
06:07:53,760 --> 06:08:00,958
flood plan ordinance.
>> But is it underneath our regular

3445
06:07:58,320 --> 06:08:05,280
variance requirements under municipal?
>> This is a different type of variance is

3446
06:08:03,360 --> 06:08:09,280
the same principles in effect that a
that a variance under the zoning code or

3447
06:08:07,200 --> 06:08:12,080
under our LCP would involve. um and the
reason that you set it up, but it is a

3448
06:08:10,798 --> 06:08:17,120
different variance. It's not a variance
from those codes. It's a variance from

3449
06:08:14,000 --> 06:08:20,958
the requirements of the flood plane. Um
those codes have specific hearing

3450
06:08:19,920 --> 06:08:23,680
specifications.
>> That's correct.

3451
06:08:21,520 --> 06:08:28,240
» This one doesn't.
If it doesn't, then we don't have

3452
06:08:26,080 --> 06:08:33,280
hearing requirements other than other
it's an agenda item. And if it does, my

3453
06:08:30,400 --> 06:08:41,160
question is then how is passing it to
the um administrator obviating the need

3454
06:08:37,120 --> 06:08:41,160
for them to have a public hearing?

3455
06:08:42,320 --> 06:08:46,558
» What we were doing is we're changing the
code that would that [clears throat]

3456
06:08:44,958 --> 06:08:48,240
would remove any type of requirement for
that.

3457
06:08:46,878 --> 06:08:51,200
» Where do we say that the hearing
requirement is different? Just as just

3458
06:08:49,680 --> 06:08:54,638
as we're saying sending it to a
different person,

3459
06:08:52,878 --> 06:08:59,798
» whatever the law is, it's still going to
be the same law, but a different person

3460
06:08:55,920 --> 06:08:59,798
is going to be making the decision.

3461
06:09:06,958 --> 06:09:12,240
I'm just letting everybody know I'm
going to abstain from this. I'd like to

3462
06:09:10,320 --> 06:09:14,558
go to the bathroom, please. Is that
okay?

3463
06:09:12,878 --> 06:09:17,520
» Well, you can you're free to leave at
any time, but we'll hold off the vote

3464
06:09:16,240 --> 06:09:21,760
for Are you going to Your votes could be
an abstension?

3465
06:09:18,240 --> 06:09:21,760
» Yeah. I have no idea.

3466
06:09:22,080 --> 06:09:27,200
All right.
>> So, so my my question is where do we say

3467
06:09:25,600 --> 06:09:30,718
affirmatively that whatever hearing
requirement that may or may not exist

3468
06:09:28,878 --> 06:09:34,958
isn't going to be required still with
the with the administrator making the

3469
06:09:32,320 --> 06:09:38,400
decision.
>> Bruce, you bring up an excellent point.

3470
06:09:37,040 --> 06:09:41,600
Um,
>> so we may not be accomplishing anything

3471
06:09:40,080 --> 06:09:45,120
except putting a whole bunch of verbiage
into here that's not necessary yet.

3472
06:09:43,360 --> 06:09:49,040
» Well, we may not. We may be doing that,
but I tell you what, let's let's get

3473
06:09:46,878 --> 06:09:51,360
these people moving forward. We've got a
motion and a second.

3474
06:09:50,080 --> 06:09:56,000
» I don't know that it will be moving them
forward. That's my point. If a hearing

3475
06:09:53,600 --> 06:09:59,440
is required of us and it doesn't say a
hearing is not required of the public

3476
06:09:57,360 --> 06:10:01,120
works director, how are we moving people
forward?

3477
06:09:59,840 --> 06:10:03,840
» Well, it's not an appeal. It's a
variance. He's he's

3478
06:10:02,240 --> 06:10:07,600
» No, it's not an appeal here either in
the first instance.

3479
06:10:06,240 --> 06:10:11,360
» This is not an [clears throat] appeal
under the existing law. This is a

3480
06:10:09,920 --> 06:10:14,558
different the word. Forget that it says
the word variance. It could be called

3481
06:10:12,400 --> 06:10:20,718
elephant. It's not the same thing as
under the LCP or the MSC. We're proving

3482
06:10:16,400 --> 06:10:26,400
a the proving a variance, right?
>> But the word variances used in the CFR

3483
06:10:24,718 --> 06:10:30,878
is not the same as the word variance is
used in the LCP or the MMC. Words have

3484
06:10:29,120 --> 06:10:34,638
different meanings in different codes.
They all depend on what you want them to

3485
06:10:32,480 --> 06:10:36,878
mean when you're grafting legislation.
You can call I said you could call it an

3486
06:10:36,080 --> 06:10:40,000
elephant. You could call it a
rhinoceros. It doesn't matter. The fact

3487
06:10:38,718 --> 06:10:43,600
that it uses the word variance doesn't
mean it means the same thing as we're

3488
06:10:41,360 --> 06:10:46,080
accustomed to. Tatiana, when this was
discussed with FEMA, it was understood

3489
06:10:44,958 --> 06:10:50,240
that this would be processed
administratively by the public works

3490
06:10:48,080 --> 06:10:53,760
director. That process was approved from
them to be compliant with the federal

3491
06:10:52,320 --> 06:10:55,440
regulations.
>> Is that correct?

3492
06:10:54,558 --> 06:10:59,080
» You're correct.
>> Where does it say that?

3493
06:10:59,120 --> 06:11:05,120
» That's through the approval of that.
That's how we came up with all this

3494
06:11:02,400 --> 06:11:10,240
language and um to give the authority to
the public works director.

3495
06:11:07,920 --> 06:11:15,120
» All right. Does anybody else have any
comments?

3496
06:11:12,240 --> 06:11:20,878
Let's have a um roll call, please.
>> Yes. And we do need a four-fifths vote

3497
06:11:17,920 --> 06:11:27,440
to adopt an emergency ordinance. Um but
the roll call is council member Stewart.

3498
06:11:23,360 --> 06:11:31,280
» Hold on. Let's wait till council member
Conrad returns because knowing that

3499
06:11:29,920 --> 06:11:34,600
could alter her vote because I'm going
to vote now.

3500
06:11:49,920 --> 06:11:55,120
new piece of information. So, we're
about to have a roll call vote, but this

3501
06:11:53,120 --> 06:11:59,440
requires four affirmative votes. Just so
you know that.

3502
06:11:57,440 --> 06:12:02,798
» Okay, let's have the roll call.
>> Yes. An urgency ordinance requires a

3503
06:12:01,040 --> 06:12:06,558
four-fifths vote of the council. A
regular ordinance can be adopted by a

3504
06:12:04,958 --> 06:12:12,958
simple majority. So, the motion before
you is to adopt ordinance 533

3505
06:12:10,320 --> 06:12:18,718
um and adopt ordinance 533U and direct
staff to contact FEMA um about ways to

3506
06:12:16,240 --> 06:12:22,000
more narrowly tailor the process. So,
the roll call vote is council member

3507
06:12:20,558 --> 06:12:24,558
Stewart.
>> Yes.

3508
06:12:22,718 --> 06:12:28,240
» Council member Rigggins.
>> Yes.

3509
06:12:25,680 --> 06:12:31,520
» Council member Conrad.
>> Are we changing code tonight?

3510
06:12:30,160 --> 06:12:35,760
» This would change the code.
>> To change code, so I'm abstaining.

3511
06:12:34,000 --> 06:12:39,040
» Sorry. It's fine.
Mayor Protoiring.

3512
06:12:37,760 --> 06:12:43,760
» Yes.
>> Mayor Silverstein.

3513
06:12:40,400 --> 06:12:45,760
» No. I move that we defer approval of
this. And

3514
06:12:44,240 --> 06:12:50,958
» just for the record, that motion failed.
>> Yes. Thank you. I move that we defer

3515
06:12:48,240 --> 06:12:54,798
approval of this proposed second reading
for a minimum of two weeks and that need

3516
06:12:53,760 --> 06:12:58,600
well I guess we're not going to be able
to talk to the FEMA

3517
06:13:02,718 --> 06:13:08,958
seeing as how we don't have anything
else on the table I guess we put it up

3518
06:13:07,040 --> 06:13:12,798
for a vote I'll second I'll second
>> I don't want I I don't want this to fail

3519
06:13:10,718 --> 06:13:15,760
and be required to come back for a first
reading again in the event that we're

3520
06:13:14,320 --> 06:13:18,160
required to still do it
>> you can make a motion just for the

3521
06:13:17,200 --> 06:13:23,638
second reading.
>> Can we put the second reading off to a

3522
06:13:20,160 --> 06:13:23,638
time to be determined

3523
06:13:27,040 --> 06:13:33,120
» I'm aware of
>> so people can get their permits going. I

3524
06:13:29,760 --> 06:13:36,320
mean look the we talk about we're going
to help people get going. We're going to

3525
06:13:34,558 --> 06:13:39,600
make them we can make it faster. I guess
I mean how many times have I got people

3526
06:13:38,000 --> 06:13:43,360
yelling at me saying you got too many
rules. You're slowing me down. Let's un

3527
06:13:41,760 --> 06:13:47,040
slow them down. Let's make this thing
work.

3528
06:13:43,920 --> 06:13:50,558
» Well, I'm prepared. I'm prepared to move
at each meeting to approve these

3529
06:13:48,718 --> 06:13:54,400
variances as they come up until we get
this cleared up. And we've got two

3530
06:13:52,558 --> 06:13:59,760
rebuild people sitting right here who
are cheering on. Let's not make these

3531
06:13:56,160 --> 06:14:02,638
changes. So, I I'm not hearing any
outcry.

3532
06:14:00,480 --> 06:14:06,320
» And I was prepared to vote on what it
was when he came in here, which was

3533
06:14:04,320 --> 06:14:12,558
speeding up the process, expediting and
streamlining, but it changed. and it's

3534
06:14:09,440 --> 06:14:17,520
not responsible of me to just kind of
vote on something I don't understand

3535
06:14:14,240 --> 06:14:21,360
fully, but I don't want to delay. So,
>> well, the the vote has failed unless

3536
06:14:20,080 --> 06:14:24,558
somebody I I don't think somebody can
even make the same motion again.

3537
06:14:23,120 --> 06:14:26,798
» So, is there another motion somebody
would like to make or do we just move on

3538
06:14:25,920 --> 06:14:30,400
to the next?
>> You could motion could be you could just

3539
06:14:28,958 --> 06:14:33,760
adopt this. You could move the second
reading. It only needs three votes. If

3540
06:14:32,240 --> 06:14:38,718
you do that, then it comes to effect 30
days from now. So you could take option

3541
06:14:36,878 --> 06:14:41,920
if it's action one would be an option or
you could move to continue the item

3542
06:14:41,360 --> 06:14:45,360
report back.
>> I'll move I move to bring this back in

3543
06:14:43,360 --> 06:14:50,400
30 days or whatever the closest to 30
days is and that in the interim we bring

3544
06:14:47,680 --> 06:14:54,240
forward expeditiously any variance
request that's currently on the table

3545
06:14:52,160 --> 06:14:58,558
that needs to be approved and hold the
hearing to get the variance approved if

3546
06:14:56,160 --> 06:15:02,958
that's appropriate thing to do. Is there
a second for that?

3547
06:15:01,440 --> 06:15:07,360
And if we get more in the interim, we
bring them back, too. If more if more

3548
06:15:05,760 --> 06:15:11,280
houses show up,
>> yes, until such time as we get this

3549
06:15:09,920 --> 06:15:15,200
ironed out. Hopefully, we can get it
ironed out sooner than later.

3550
06:15:13,520 --> 06:15:20,160
» Mayor Silverstein, in your motion, are
you providing any specific direction to

3551
06:15:17,840 --> 06:15:24,480
staff regarding working with FEMA or is
this solely to continue this item for

3552
06:15:22,718 --> 06:15:27,760
approximately 30 days and begin
scheduling variance hearings? work with

3553
06:15:26,000 --> 06:15:34,000
FEMA as soon as they are capable of
being contacted to get their um input on

3554
06:15:31,440 --> 06:15:37,600
a simple amendment that that moves the
administrative authority to the um

3555
06:15:35,920 --> 06:15:40,638
administrator and not at the city
council level.

3556
06:15:39,040 --> 06:15:43,040
» Trevor, what was the idea you had about
that getting a three-person vote? What

3557
06:15:42,558 --> 06:15:48,958
is that?
>> If you if you just um if you adopt on

3558
06:15:47,360 --> 06:15:52,958
second reading the ordinance that was
introduced on first reading at the last

3559
06:15:50,798 --> 06:15:56,638
at the last meeting, um it will come
into effect 30 days from today. So, if

3560
06:15:54,878 --> 06:15:58,878
we vote to approve the second reading
tonight, we only need three votes to do

3561
06:15:58,320 --> 06:16:01,120
that.
>> That's correct.

3562
06:15:59,520 --> 06:16:04,840
» I'd like to make a motion to take a shot
at that.

3563
06:16:01,840 --> 06:16:04,840
» Second.

3564
06:16:09,040 --> 06:16:14,000
» Okay, we're going to have a roll. I'm
just going to make one comment before we

3565
06:16:11,920 --> 06:16:19,360
have the roll call, which is I I think
this need for speed is acting

3566
06:16:16,878 --> 06:16:24,400
counterproductively right now, and um
people may regret this decision when it

3567
06:16:21,840 --> 06:16:27,120
backfires on them down the line. All
right, roll call.

3568
06:16:25,680 --> 06:16:32,480
» Hold on one second. Let's make sure
we've got the instructions to the staff

3569
06:16:28,958 --> 06:16:35,040
to contact FEMA in that motion.
>> All right.

3570
06:16:33,280 --> 06:16:40,638
» And and and I'll we did the same thing
with the MMC amendments, which could

3571
06:16:37,680 --> 06:16:44,480
have been far more robust in limiting in
making things more narrow, but we we

3572
06:16:42,798 --> 06:16:48,558
sped up the ones that we did and we did
them and then we never came back to

3573
06:16:45,760 --> 06:16:52,958
them. We we moved fast with the coastal
commission when we maybe could have done

3574
06:16:50,480 --> 06:16:56,160
different more things there. We pushed
the governor to do certain limited

3575
06:16:54,480 --> 06:16:59,040
things without having discussion among
ourselves as to whether there were more

3576
06:16:57,600 --> 06:17:06,638
things that we that would be beneficial
to our residents. This is all being done

3577
06:17:02,320 --> 06:17:09,520
ad hoc and um and too fast
notwithstanding the fact that it needs

3578
06:17:07,920 --> 06:17:13,280
to be done quickly. There's a difference
between what what's that saying that

3579
06:17:11,920 --> 06:17:17,200
John Mazes
>> Oh yeah, John Wooden

3580
06:17:14,638 --> 06:17:18,480
» from John Wooden. What is that?
>> Be fast but careful. Something like

3581
06:17:18,320 --> 06:17:22,320
that.
>> Something like that. You'll break some

3582
06:17:19,840 --> 06:17:27,920
shells. But isn't there a rebuild ad hoc
that you guys could be exploring this

3583
06:17:25,440 --> 06:17:31,920
more a little bit? I mean, I was ready
to vote on what it was, but new light,

3584
06:17:30,400 --> 06:17:35,280
new information came to light. So, we
can take the vote and you guys can

3585
06:17:33,200 --> 06:17:38,480
explore it some more. The city will call
FEMA

3586
06:17:36,638 --> 06:17:40,480
» and we'll get these guys permitted.
>> If we're going to have three, if we're

3587
06:17:39,440 --> 06:17:43,360
going to have three votes to amend this
in a minute and it's just going to

3588
06:17:41,520 --> 06:17:46,320
become effective in a couple weeks.
>> Can I say something? And we can always

3589
06:17:44,798 --> 06:17:50,320
have an opportunity if we don't think
it's working. There's problems with it.

3590
06:17:48,400 --> 06:17:54,638
We can go back and change it. I mean,
there's nothing we're doing that is

3591
06:17:51,680 --> 06:17:58,638
written in cement. It is. And I I
understand, Bruce, you'd like to make it

3592
06:17:56,400 --> 06:18:03,120
clean as a whistle out the door. We're
not going to get that done. So, let's

3593
06:18:00,878 --> 06:18:06,558
get something done. Go back. If we have
problems with it, we can address those

3594
06:18:04,798 --> 06:18:11,280
problems. And at the same time, we're
letting people get their houses built.

3595
06:18:09,280 --> 06:18:16,160
By the way, that's coach should also be
the uh perfect is the enemy of the good.

3596
06:18:14,718 --> 06:18:20,240
» Well, and I think that we also need to
remember we have a professional staff.

3597
06:18:18,000 --> 06:18:26,000
They've been working on this. This is
what we pay them to do to be engineers,

3598
06:18:23,280 --> 06:18:29,840
to be the professionals that are working
with the other agencies and things like

3599
06:18:27,840 --> 06:18:35,520
that to bring us forth the information.
And they have been working on this for

3600
06:18:32,000 --> 06:18:39,200
weeks if not months. Um, and this is
supposed to be benefiting our property

3601
06:18:37,520 --> 06:18:43,040
owners to get them rebuilt.
>> Trevor, were you involved in the

3602
06:18:40,480 --> 06:18:45,920
conversations?
>> The drafting of this? No.

3603
06:18:44,320 --> 06:18:50,480
» Yeah. Did What lawyer was involved in
these conversations? Any

3604
06:18:48,320 --> 06:18:54,400
» Rob?
>> Rob is a lawyer, isn't he?

3605
06:18:52,558 --> 06:18:59,600
» Okay. Not a practicing lawyer, but he
but he's but he went to law school.

3606
06:18:56,400 --> 06:19:04,320
Okay. Roll call.
>> Mayor Promirine.

3607
06:19:02,400 --> 06:19:06,480
» Yes. Council member Rigggins,
>> yes.

3608
06:19:04,878 --> 06:19:09,280
» Council member Conrad,
>> Epstein. Council member Stewart,

3609
06:19:08,638 --> 06:19:10,958
» yes.
>> Mayor Silverstein,

3610
06:19:10,320 --> 06:19:15,200
» no.
>> Motion carries.

3611
06:19:12,400 --> 06:19:21,280
» Okay, it's 10:54. Because it's after
10:30, we cannot do new business without

3612
06:19:17,600 --> 06:19:25,280
a four fifths vote. We have an important
but lengthy, I suspect, lengthy item

3613
06:19:23,600 --> 06:19:32,798
left on the agenda, which is the
afteraction report. Who has an appetite

3614
06:19:28,480 --> 06:19:39,120
for moving that forward tonight?
I don't I've seen enough.

3615
06:19:36,558 --> 06:19:41,440
» I have uh an hour short with daylight
savings time.

3616
06:19:39,840 --> 06:19:45,200
» So, it sounds like there's no motion to
move forward. In that case, um we're

3617
06:19:44,558 --> 06:19:48,200
adjourned.
>> All right.