Due to limitations of the venue, Zoom participation will not be available for this meeting. Please see instructions on the agenda to participate in-person or before the meeting.
Meeting Agenda
CC241216_AGENDA.PDF
Item 1A
Resolution Ratifying the Director of Emergency Services’ Proclamation of the Existence of a Local Emergency and Declaring the Same
CC241216_ITEM 1A.PDF
Item 1B
Resolution Designating Additional Successors to the Position of Director of Emergency Services
CC241216_ITEM 1B.PDF
1. Documents:
2. Documents:
3. Documents:
HOW TO PARTICIPATE BEFORE THE MEETING: Members of the public are encouraged to submit email correspondence to [email protected] before the meeting begins.
HOW TO PARTICIPATE IN-PERSON DURING THE MEETING: Members of the public may speak during the meeting in-person. In order to participate in-person, each speaker must complete and submit to the Recording Secretary a Request to Speak form. In-person participants may also surrender their opportunity to speak on a particular item to defer one minute to another in-person speaker.
Malibu City Council
Special Meeting Agenda
Monday December 16, 2024
2:00 P.M. – CITY COUNCIL SPECIAL MEETING
Malibu West Beach Club
30756 Pacific Coast Hwy
(street parking available on Trancas Canyon Road)
To the members of the City Council of the City of Malibu:
NOTICE IS HEREBY GIVEN that the Mayor has called a Special Meeting of the City Council of the City of Malibu to be held at Malibu West Beach Club, 30756 Pacific Coast Hwy, Malibu, CA 90265, at 2:00 p.m. on Monday, December 16, 2024, for the purpose of ratifying the Director of Emergency Services’ proclamation of a local emergency and addressing the line of succession for the director of emergency services. This is a limited purpose meeting to ratify declaration of local emergency and address emergency procedures. Due to the limits of the venue, Zoom participation will not be available.
One p.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
Pledge of Allegiance
Report on Posting of Agenda – December 15, 2024
Approval of Agenda
City Council Special Meeting Agenda Page - 2 - December 16, 2024
1. New Business
New Business items are appearing for the first time for formal action.
A. Resolution Ratifying the Director of Emergency Services’ Proclamation of the Existence of a Local Emergency and Declaring the Same
Recommended Action: 1) Adopt Resolution No. 24-64, confirming existence of a local emergency, and ratifying the proclamation of local emergency by the Acting Director of Emergency Services; and 2) Approve and authorize the submittal of a letter requesting recovery assistance from the State of California in accordance with the California Disaster Assistance Act.
Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228 B. Resolution Designating Additional Successors to the Position of Director of Emergency Services Recommended Action: Adopt Resolution No. 24-,65 approving the Acting Director of Emergency Services designation that in the event the acting director of emergency services is unavailable, he or she may designate any city department head to serve in this role should the current designated successors (the Assistant City Manager, Deputy City Manager, and Public Safety Director) be unavailable
Staff Contact: Interim City Attorney Rusin, 456-2489, ext. 228 Adjournment
Future Meetings
Monday, December 23, 2024 CANCELLED City Hall Council Chambers Monday, January 13, 2025 5:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, January 27, 2025 5:30 p.m. Regular City Council Meeting City Hall Council Chambers Guide to the City Council Proceedings and Decorum
Public Communications: Each speaker is limited to three (3) minutes. In order to participate in-person, each speaker must complete and submit to the Recording Secretary a Request to Speak form prior to the beginning of the item being announced by the Mayor. In-person participants may surrender their time by deferring one (1) minute to another inperson speaker, not to exceed a total of eight (8) minutes. The speaker wishing to defer time must be present when the item is heard and their form must be submitted with the speaker form for the individual they are deferring time to.
Speakers are taken in the order slips are submitted.
On specific agenda items Councilmembers may question any person addressing the City Council at the conclusion of all public testimony on that agenda item before the Council. Councilmembers shall not engage any member of the public in a dialogue with themselves other Councilmembers, city staff or other members of the public.
Role of the Presiding Officer: The presiding officer of the City Council, who shall be the Mayor, shall be responsible for maintaining the order and decorum of meetings. It shall be the duty of the presiding officer to ensure that these rules of procedure and decorum are followed at all times. The presiding officer shall maintain control of communication between Councilmembers, between the Council and the public, and chair each meeting in a fair and impartial manner. It shall be the duty of each Councilmember to support the presiding officer in maintaining the order and decorum of Council meetings.
Members of the Audience: Members of the audience shall not engage in disorderly or boisterous conduct, including clapping, whistling, stamping of feet, or other acts which disturb, disrupt, impede or otherwise disturb the orderly conduct City Council Special Meeting Agenda Page - 3 - December 16, 2024 of the City Council meeting. Persons addressing the City Council shall not engage in disorderly conduct which disrupts, or otherwise impedes the orderly conduct or Council meetings. Any person who so disrupts a Council meeting may, at the discretion of the presiding officer or a majority of the City Council, be subject to ejection from that meeting.
City Council meetings are aired live and replayed on City of Malibu Government Access Channel 3 and are available on demand on the City’s website at www.malibucity.org/video. Copies of the staff reports or other written documentation relating to each item of business described above are on file in the office of the City Clerk, Malibu City Hall, 23825 Stuart Ranch Road, Malibu, California, and are available for public inspection during regular office hours, which are 7:30 a.m. to 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. Friday. Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's office at 23825 Stuart Ranch Road, Malibu, California (Government Code Section 54957.5.b.2). Copies of staff reports and written materials may be purchased for $0.10 per page.
The City Hall phone number is (310) 456-2489. To contact City Hall using a telecommunication device for the deaf (TDD), please call (800) 735-2929 and a California Relay Service operator will assist you. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Environmental Sustainability Director Yolanda Bundy, (310) 456-2489, ext. 229. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADD Title II].
Requests to show an audio or video presentation during a Council meeting should be directed to the Media Team at [email protected]. Material must be submitted by 12:00 p.m. on the meeting day.
I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Special meeting agendas may be amended up to 24 hours in advance of the meeting. Dated this 15th day of December 2024 at 12:30 p.m.
Kelsey Pettijohn, City Clerk
Agenda Item # 1.A.
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Trevor Rusin, Interim City Attorney
Approved by: Joseph D. Toney, Acting City Manager
Date prepared: December 14, 2024 Meeting date: December 16, 2024 Subject: Resolution Ratifying the Director of Emergency Services’ Proclamation of the Existence of a Local Emergency and Declaring the Same RECOMMENDED ACTION: 1) Adopt Resolution No. 24-64, confirming existence of a local emergency, and ratifying the proclamation of local emergency by the Acting Director of Emergency Services; and 2) Approve and authorize the submittal of a letter requesting recovery assistance from the State of California in accordance with the California Disaster Assistance Act (CDAA).
FISCAL IMPACT: There is no fiscal impact associated with the recommended action. The existence of the local emergency will potentially help qualify the City and its residents for reimbursement for certain disaster response expenditures.
STRATEGIC PRIORITY: This item supports the Public Safety and day-to-day operations identified in the Adopted FY 2024-25 Strategic Priority Project List. Responding to disasters like the Franklin Fire is the City’s most immediate and top priority as part of the city's fundamental operations.
DISCUSSION: The City has adopted an emergency plan that includes an emergency services organization that is activated in the case of natural disasters. This organization allows the City to quickly respond and coordinate the functions of the City with other public agencies/organizations and those affected by the disaster. Title 2, Chapter 2.52 of the Malibu Municipal Code empowers the Director of Emergency Services to proclaim the existence of a local emergency when the City is affected by a public calamity and the City Council is not in session. The Director’s proclamation must be ratified by the City Council within seven days or it will expire.
City Council Meeting
12-16-24
Item
1.A.
Agenda Item # 1.A.
Per Malibu Municipal Code section 2.52.020 an emergency is defined as: “the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, landslide, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or the imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this city, requiring the combined forces of other political subdivisions to combat.”
On December 9, 2024, the Franklin Fire started in the Santa Monica Mountains on Malibu Canyon Road, south of Piuma Road. The fire combined with high winds and power outages created conditions of extreme peril to the safety of persons and property. The Acting Director of Emergency Services (Assistant City Manager) proclaimed the existence of a local emergency on December 10, 2024, which proclamation will expire December 17, 2024, unless ratified by the City Council.
The fire burned over 4,000 acres and required the evacuation of approximately 5,429 people. Although mandatory evacuation orders have been lifted, as of December 14, 2024, evacuation warnings are still in place and the fire is only 35% contained. High winds and a potential red flag warning are expected in the coming days and Southern California Edison has issued a Public Safety Power Shutoff (PSPS) warning for four circuits in the City. The fire has damaged hillsides and winter rains may trigger mudslides in the coming weeks, creating a danger for structures and motorists driving the canyon roads.
Before the City Council today is a resolution ratifying the Director’s declaration and proclaiming a state of local emergency. If adopted, the City Council will review, and as needed renew, this action at least every 60 days. The declaration will enable City staff to take actions to respond to the conditions created by the Franklin Fire and will assist residents and the City in obtaining aid and other assistance.
ATTACHMENTS:
1. Resolution No. 24-64
2. Proclamation of Existence of a Local Emergency
3. Letter requesting assistance under CDAA
RESOLUTION NO. 24-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
CONFIRMING EXISTENCE OF A LOCAL EMERGENCY, AND RATIFYING
THE PROCLAMATION OF LOCAL EMERGENCY BY THE ACTING
DIRECTOR OF EMERGENCY SERVICES
The City Council of the City of Malibu does hereby find, order and resolve as follows:
SECTION 1. Recitals.
A. Title 2, Chapter 2.52 of the Malibu Municipal Code designates the City Manager as the Director of Emergency Services and empowers him to proclaim the existence or threatened existence of a local emergency if the City Council is not in session, subject to ratification by the City Council within seven days, when the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City exist which are likely to be beyond the control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat. The City’s Emergency Operations Plan identifies the Assistant City Manager as the first alternate in the line of succession to act as the Director of Emergency Services if the City Manager is unavailable.
B. On December 9, 2024, the Franklin Fire started in the Santa Monica Mountains on Malibu Canyon Road, south of Piuma Road. The fire combined with high winds and power outages created conditions of extreme peril to the safety of persons and property.
C. The Acting Director of Emergency Services of the City proclaimed the existence of a local emergency on December 10, 2024, which proclamation will expire December 17, 2024, unless ratified by the City Council.
D. Firefighters are still battling spot fires in the hills and winds are projected to increase in coming days, creating a danger of reignition. Hillsides have been damaged by the firestorms and winter rains may trigger mudslides, creating even more dangerous conditions.
E. The Acting Director of Emergency Services now requests the City Council ratify the Director's proclamation of the existence of a local emergency in accordance with Malibu Municipal Code Section 2.52.060
SECTION 3. It is hereby proclaimed that a local emergency now exists throughout the City. It is further proclaimed and ordered that during the existence of this local emergency the powers, functions, and duties of the Director of Emergency Services and the emergency organization of this City shall be those prescribed by State law and by the ordinances and resolutions of this City.
SECTION 4. The local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council. As required by law, the City Council shall review the need to continue the state of emergency every 60 days until this resolution is terminated.
SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
ATTACHMENT 1
Resolution No. 24-64
_____________________
PASSED, APPROVED, and ADOPTED this __th day of ____ 2024. _____________________________
DOUG STEWART, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
City of Malibu
23825 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-3356 · www.malibucity.org
PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY
(By the Director of Emergency Services)
AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES
OF THE CITY OF MALIBU DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
The Director of Emergency Services for the City of Malibu does hereby find, order and declare as follows:
WHEREAS,
Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when said city is affected or likely to be affected by a public calamity and the City Council is not in session; and
WHEREAS, the Director of Emergency Services of the City of Malibu does hereby find:
That conditions of extreme peril to the safety of persons and property have arisen as the result of the Franklin Fire which started at approximately 11:00 p.m. on Monday, December 9, 2024, in the Santa Monica Mountains on Malibu Canyon Road, south of Piuma Road; and That the fire rapidly spread to surrounding areas is currently burning out of control at over 1,800 acres with no containment; and
That high winds have driven the fire across Pacific Coast Highway and Malibu Canyon Road. According to the National Weather Services, Particularly Dangerous Situation Red Flag conditions exist and these extreme winds are expected to continue through December 11, 2024 at 6:00 p.m. The City is experiencing conditions of extremely low humidity, high temperatures, and the effects of multiple years of severe drought; and That Public Safety Power Shutoffs and other power outages are being experienced throughout the City and the surrounding area, impacting thousands of Southern California Edison customers. The power outages are impacting major intersections along evacuation routes and traffic signals are running on generator power.
That mandatory evacuation orders began being issued at approximately 11:30 p.m. on December 9, 2024. Two of the four evacuation zones are under mandatory evacuation orders, with a third under evacuation warning. Mandatory evacuation orders extend approximately from Tuna Canyon in the east to Carbon Beach in the west and to the city-limits north and south.
ATTACHMENT 2
That the City Council of the City of Malibu is not in session (and cannot immediately be called into session);
NOW, THEREFORE, THE DIRECTOR HEREBY proclaims that a local state of emergency now exists throughout the City; and
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, by ordinances, and resolutions of this city, and by the City of Malibu Emergency Operations Plan, as approved by the City Council on October 14, 2024.
ADOPTED this 10th day of December 2024.
CITY OF MALIBU, CALIFORNIA
By: _______________________________
Joseph Toney, Assistant City Manager
Acting Director of Emergency Services
ATTEST: _________________________ Kelsey Pettijohn, City Clerk (seal)
This proclamation has been issued in accordance with applicable law, is in effect and carries the force of law until December 17, 2024, on which date it expires unless the declaration of local emergency is ratified by the City Council within 7 days of this date.
REVIEWED AND APPROVED AS TO FORM: _____________________________ Trevor Rusin, Interim City Attorney ATTACHMENT 3
Agenda Item # 1.B.
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Joseph D. Toney, Acting City Manager
Trevor Rusin, Interim City Attorney
Date prepared: December 13, 2024 Meeting date: December 16, 2024 Subject: Resolution Designating Additional Successors to the Position of Director of Emergency Services
RECOMMENDED ACTION: Adopt Resolution No. 24-65 approving the Acting Director of Emergency Services designation that in the event the acting director of emergency services is unavailable, he or she may designate any city department head to serve in this role should the current designated successors (the Assistant City Manager, Deputy City Manager, and Public Safety Director) be unavailable.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2024-25 Strategic Priority Project List.
DISCUSSION: Under the City’s municipal code (MMC), the Director of Emergency Services (DES) is responsible for controlling and directing the efforts of the City’s emergency operations center (EOC) during emergencies such as the Franklin Fire.
Operations of the EOC during the Franklin Fire have brought to light a need to designate additional successors to the position of DES.
Title 2, Chapter 2.52.060(B) states that “[t]he director of emergency services shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform his or her duties during an emergency. Such order of succession shall be approved by the city council.” The City’s Emergency Operations Plan identifies the Assistant City Manager as the first alternate in the line of succession to act as the Director of Emergency Services if the City Manager is unavailable, followed by the Deputy City Manager and Public Safety Director.
The order of succession beyond these positions must be approved by the City Council.
City Council Meeting
12-16-24
Item
1.B.
Agenda Item # 1.B.
Currently Assistant City Manager Joseph Toney serves as the Acting Director of Emergency Services.
Given the importance of always having an acting director of emergency services available 24 hours a day during an emergency such as the Franklin Fire, the Acting Director of Emergency Services desires to designate that any department head within the City may serve as acting director of emergency services should they be tapped to do so by the current acting director of emergency services. This ability will allow the acting director of emergency services to rely on department heads to fulfill this roll when the City is shortstaffed or those designated under the City’s Emergency Operations Plan are sick, injured, unavailable, or unreachable.
Resolution 24-65 reflects the request of the Acting DES and states that:
[I]n the event the director of emergency services is unavailable to attend meetings and otherwise perform his or her duties during an emergency the individuals serving in the following positions, in order, shall serve as the acting director of emergency services:
(1) Assistant City Manager
(2) Deputy City Manager
(3) Public Safety Director
(4) Any City Department Head so designated by the acting director of emergency services.
The individual serving as the acting director of emergency services shall have the authority and powers of the director of emergency services and will serve until the director is again able to serve, or until a successor has been appointed by the City Council.
The bolded portion reflects the addition to the list of successors to the position of DES.
Approving this designation of additional successors ensures continuity of operations in an emergency, and also allows shorter shift rotations of the leadership of the City’s Emergency Operations Center during an emergency.
ATTACHMENTS:
1. Resolution No. 24-65
RESOLUTION NO. 24-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
DESIGNATING ADDITIONAL SUCCESSORS TO THE POSITION OF
DIRECTOR OF EMERGENCY SERVICES
The City Council of the City of Malibu does hereby find, order and resolve as follows:
SECTION 1. Recitals.
A. Title 2, Chapter 2.52.060(B) states that “[t]he director of emergency services shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform his or her duties during an emergency. Such order of succession shall be approved by the city council.”
B. The City’s Emergency Operations Plan identifies the Assistant City Manager as the first alternate in the line of succession to act as the Director of Emergency Services if the City Manager is unavailable, followed by the Deputy City Manager and Public Safety Director. The order of succession beyond these positions must be approved by the City Council.
C. Given the importance of always having an acting director of emergency services available 24 hours a day during an emergency such as the Franklin Fire, the Acting Director of Emergency Services desires to designate that any department head within the City may serve as acting director of emergency services should they be tapped to do so by the current acting director of emergency services. This ability will allow the acting director of emergency services to rely on department heads to fulfill this roll when the City is short-staffed or those designated under the City’s Emergency Operations Plan are sick, injured, unavailable or unreachable.
D. Approving this designation of additional successors ensures continuity of operations in an emergency, and also allows shorter shift rotations of the leadership of the City’s Emergency Operations Center during an emergency.
E. The Acting Director of Emergency Services now requests the City Council approve the below change to the order of succession to the position of director of emergency services.
SECTION 2. The above recitals are adopted by the City Council and it hereby resolves and approves the Acting Director of Emergency Services’ designation that in the event the director of emergency services is unavailable to attend meetings and otherwise perform his or her duties during an emergency the individuals serving in the following positions, in order, shall serve as the acting director of emergency services:
(1) Assistant City Manager
(2) Deputy City Manager
(3) Public Safety Director
(4) Any City Department Head so designated by the acting director of emergency services.
Resolution No. 24-65
_____________________
The individual serving as the acting director of emergency services shall have the authority and powers of the director of emergency services and will serve until the director is again able to serve, or until a successor has been appointed by the City Council.
SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED, and ADOPTED this __th day of ____ 2024. _____________________________
DOUG STEWART, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney