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Agenda packet, second session

Malibu City Council
February 3, 2025

Document
Agenda packet, second session
Meeting
February 3, 2025
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Malibu City Council
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1
Original file
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Text extracted from the city's file for reading and search. Open the original on www.malibucity.org. That file is the official record.

PLEASE DOWNLOAD THE AGENDA DOCUMENT FOR

INSTRUCTIONS ON HOW TO PARTICIPATE IN THE MEETING
Meeting Agenda
CC250203_AGENDA.PDF
Item 1A
Palisades Fire Phase 1 Household Hazardous Materials Removal CC250203_ITEM 1A.PDF

1. Documents:

2. Documents:

HOW TO VIEW THE MEETING: The meeting will be live streamed at www.malibucity.org/video and via Zoom Webinar.

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 or through the Zoom application. 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.

HOW TO PARTICIPATE REMOTELY DURING THE MEETING: Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate remotely, you must be present in the Zoom Webinar during the item that you would like to speak on and use the Raise Hand feature to request to speak when the Mayor calls the item. When you join the Zoom Webinar you may see a pop-up asking you to enter an email address, but a valid email address is not required. Be advised that those participating via Zoom do so at their own risk; remote participants should not expect the meeting to be cancelled or continued due the inability of some members of the public to access the remote meeting.

Malibu City Council
Special Meeting Agenda
Monday, February 3, 2025
11:00 A.M. – CITY COUNCIL SPECIAL MEETING
City Hall – Council Chambers
Westward Room (closed session)
23825 Stuart Ranch Road
Zoom Webinar Link:
https://us02web.zoom.us/j/81182027524
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 City Hall, 23825 Stuart Ranch Road, Malibu, CA 90265, at 11:00 a.m. on Monday, February 3, 2025, for the purpose of holding a Closed Session and an update on Palisades Fire Phase 1 Household Hazardous Materials Removal.

Pursuant to Government Code Section 54953(b), Mayor Pro Tem Riggins will be attending the Council meeting via teleconferencing from:

Flagstaff City-Coconino County Public Library
300 West Aspen Ave.

Flagstaff, AZ 86001
This teleconference location is accessible to the public and will be open to the public for attendance at this meeting.

City Council Special Meeting Agenda Page - 2 - February 3, 2025 Eleven a.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
Pledge of Allegiance
Report on Posting of Agenda – January 31, 2025
Approval of Agenda
Public Comment on Closed Session Items
Recess to Closed Session (to be held in the Westward Room) This time has been set aside for the City Council to meet in a closed session to discuss matters pursuant to Government Code Section 54956.9, 54957, and 54957.6. Based on the advice of the City Attorney, discussion in open session concerning these matters would prejudice the position of the City in this litigation. The City Attorney will give an additional oral report regarding the Closed Session at the beginning of the next regular City Council meeting. At the conclusion of the Closed Session, the Council may continue any item listed on the Closed Session agenda to the Open Session agenda for discussion or to take formal action as it may deem appropriate.

Conference with Legal Counsel – Anticipated Litigation

1. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code section 54956.9
Number of potential cases: (2)
Personnel Matters pursuant to Government Code Section 54957:

1. Public Employee Performance Evaluation
Title: City Manager
Conference with Labor Negotiator pursuant to Government Code Section 54957.6:

1. City representative: Interim City Attorney Trevor Rusin Unrepresented employee: City Manager Steve McClary
Reconvene in Open Session (Council Chambers)
Closed Session Report

1. New Business (To Be Heard at 12:30 p.m.)
New Business items are appearing for the first time for formal action.

A. Palisades Fire Phase 1 Household Hazardous Materials Removal Recommended Action: Receive and file an update from the Environmental Protection Agency (EPA) and Federal Emergency Management Agency (FEMA) on debris removal operations.

Staff Contact: Acting City Manager Toney, 456-2489, ext. 224 Adjournment
City Council Special Meeting Agenda Page - 3 - February 3, 2025 Future Meetings
Monday, February 10, 2025 5:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, February 24, 2025 5:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, March 10, 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. Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate remotely, you must be present in the Zoom Webinar during the item that you would like to speak on and use the Raise Hand feature to request to speak when the Mayor calls the item. 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 in-person 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 or hands are raised.

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 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.

No new items will be taken-up after 10:30 p.m. without a two-thirds vote of the City Council.

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 City Council Special Meeting Agenda Page - 4 - February 3, 2025 in accordance with the applicable legal requirements. Special meeting agendas may be amended up to 24 hours in advance of the meeting. Dated this 31st day of January 2025 at 8:10 p.m.

Kelsey Pettijohn, City Clerk

Page 1 of 1 ends

Agenda Item # 1.A.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Joseph D. Toney, Acting City Manager
Date prepared: January 31, 2025 Meeting date: February 3, 2025 Subject: Palisades Fire Phase 1 Household Hazardous Materials Removal RECOMMENDED ACTION: Receive and file an update from the Environmental Protection Agency (EPA) and Federal Emergency Management Agency (FEMA) on debris removal operations.

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: On January 7, 2025, a fire broke out in Pacific Palisades and spread rapidly affecting areas within the jurisdiction of City of Los Angeles, County of Los Angeles, and the City of Malibu. The fire has burned 23,448 acres, destroyed 6,837 structures, and damaged an additional 1,017 structures. On January 8, 2025, President Biden signed a federal disaster declaration for the 2025 Southern California Wildfires, which released federal funding to support fire cleanup and recovery efforts. Debris removal will be completed in two phases and managed by the EPA and FEMA. The EPA has been tasked with completing Phase 1 debris removal for household hazardous materials, including paint, cleaners and solvents, oils, and batteries. Phase 2 debris removal will be managed by Los Angeles County and FEMA and property owners have the choice to opt-in or optout of Phase 2. Representatives from the EPA and FEMA will present an update on plans for debris removal at the February 3, 2025, Special meeting.

ATTACHMENTS: EPA Phase 1 Fact Sheet
Special Meeting
02-03-25
Item

1.A.

January 25, 2025 epa.gov/california-wildfires 1-833-798-7372 Los Angeles Wildfires
Phase 1: Hazardous Material Removal
The U.S. Environmental Protection Agency (EPA) has been assigned by the Federal Emergency Management Agency (FEMA) to survey, remove, and dispose of hazardous materials from properties burned by wildfires in Los Angeles County.
• EPA’s work removing hazardous materials is Phase 1 of the federal cleanup response.
• Phase 2 is debris removal and will be coordinated by FEMA Phase 1 has started and is done at no cost to residents.

EPA will remove potentially dangerous everyday products like:
 Paint
 Cleaners and solvents
 Oils
 Batteries
 Pesticides
EPA will remove lithium-ion batteries from vehicles, homes, and other products.

EPA will remove visible asbestos and inspect pressurized fuel cylinders (like propane tanks).
• After a fire, these products require special handling, especially if their containers are damaged.
• EPA field teams will also remove items thought to have asbestos if they are easy to identify, but the property will not be fully cleared until Phase 2 (debris removal).

Empty containers EPA inspects will be
marked with a white X, made safe, and left
to be removed during Phase 2.

Examples of hazardous materials that will
be removed.

January 25, 2025 epa.gov/california-wildfires 1-833-798-7372 Frequently Asked Questions
How will EPA remove hazardous materials from
my property?

1. An EPA-led team will survey your property
for work conditions.

2. A second EPA-led team will remove
hazardous materials.

3. Once complete, the EPA will place a sign on
your property (like the sign to the right).

If it is not safe for EPA teams to enter your
property, hazardous material removal will
be done during Phase 2 (debris removal)
EPA will only remove hazardous materials.
• If firearms (that appear to be functional) or suspected remains are found, EPA will stop work and contact local law enforcement for handling.

Why are hazardous materials removed?
• Hazardous materials are harmful to the environment and residents. These materials need to be safely removed and disposed of before Phase 2 can start.

Do I need to give the EPA permission to enter my property? • No. The State of California granted EPA authority on January 15, 2025 to access properties without permission from the property owner.
epa.gov/california-wildfires
For questions about EPA’s Phase 1 Hazardous
Materials removal work, contact our hotline or
email us:
1-833-R9-USEPA
(1-833-798-7372)
[email protected]
January 25, 2025 epa.gov/california-wildfires 1-833-798-7372 Los Angeles Wildfires
Lithium-ion batteries burned by wildfires
The U.S. Environmental Protection Agency (EPA) has been assigned by the Federal Emergency Management Agency (FEMA) to remove lithium-ion batteries affected by the Los Angeles County wildfires.

This includes battery:
• recovery
• safe transportation
• processing (de-energizing)
• safe disposal

Your home may have damaged or destroyed lithium-ion batteries, lithium-ion battery energy storage systems, and electric and hybrid vehicles.  The batteries should be considered extremely dangerous, even if they look intact.
 Lithium-ion batteries can spontaneously re-ignite, explode, and emit toxic gases and particulates even after the fire is out.

Household Items with Lithium-Ion Batteries:

Other examples:
• Electric/hybrid vehicles • Home alarms • Scooters
• Electric bikes • Power banks or stations • Drones
• Hoverboards • Game controllers • Tablets
• Wheelchairs • Home energy storage systems • Power tools • Digital cameras • Personal mobility device • Vaping devices Use extreme caution when returning to your property
January 25, 2025 epa.gov/california-wildfires 1-833-798-7372 ---
• Do not touch fire-damaged products with lithium-ion batteries – they can ignite. • Do not start, move, tow, or charge a fire-damaged electric/hybrid vehicles (EV, PHEV, HEV). These will be assessed by EPA hazardous material professionals. • Do not use or start a fire-damaged residential energy storage or house battery.

These will be assessed by EPA hazardous material professionals. • Do not enter enclosed spaces with lithium-ion battery products. o Gasses and vapors from damaged lithium-ion batteries can build up in enclosed spaces (such as a garage, shed, basement, or closet) and may produce an explosive environment.
---
• DO call our hotline if you encounter a lithium-ion battery while re-entering your property and/or are unsure if a lithium-ion battery was damaged.

If you hear a popping, hissing noise, or see smoke or fire:

1. Do not attempt to extinguish or smother the battery.

2. Leave the area immediately.

3. Move upwind at least 330 ft (the length of a football field) and call 911. epa.gov/california-wildfires
For questions about this work or if you have
an electric or hybrid vehicle and/or a
battery energy storage system in the burn
zone, call the EPA hotline at:
1-833-R9-USEPA
(1-833-798-7372)

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