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Meeting Agenda
CC250319_AGENDA.PDF
Item 1B1
Confirmation of the Director of Emergency Services Order Relating to the Palisades Fire Recovery
CC250319_ITEM 1B1.PDF
Item 2A
Fire Rebuild Policy Discussion
CC250319_ITEM 2A.PDF
1. Documents:
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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
Work Session
Special Meeting Agenda
Wednesday, March 19, 2025
1:00 P.M. – CITY COUNCIL SPECIAL MEETING
City Hall – Multi-Purpose Room
23825 Stuart Ranch 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 City Hall, 23825 Stuart Ranch Road, Malibu, CA 90265, at 1:00 p.m. on Wednesday, March 19, 2025, for the purpose of confirming an emergency order and discussing Fire Rebuild policies.
One p.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
Pledge of Allegiance
Report on Posting of Agenda – March 18, 2025
Approval of Agenda
1. Consent Calendar
Items in Consent Calendar Section A have already been considered by the Council at a previous meeting where the public was invited to comment, after which a decision was made. Resolutions concerning decisions made at previous meetings are for the purpose of memorializing the decision to assure the accuracy of the findings, the prior vote, and any conditions imposed. Items in Consent Calendar Section B have not been discussed previously by the Council. Members of the public may comment on the consent calendar as a whole. After public comment, the Council may remove items from the Consent Calendar for individual consideration before adopting the Consent Calendar.
A. Previously Discussed Items
None.
City Council Special Meeting Agenda Page - 2 - March 19, 2025 B. New Items
1. Confirmation of the Director of Emergency Services Order Relating to the Palisades Fire Recovery
Recommended Action: Confirm the Order of the Director of Emergency Services dated March 12, 2025, directing law enforcement to set up and police resident-only access checkpoints at specified roads in response to the Palisades Fire recovery and extending the order through March 28, 2025.
Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228
2. New Business
New Business items are appearing for the first time for formal action.
A. Fire Rebuild Policy Discussion
Recommended Action: Provide direction to the City Manager on key fire recovery items described in this report.
Staff Contact: Deputy City Manager Brown, 456-2489, ext. 300 Adjournment
Future Meetings
Monday, March 24, 2025 5:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, April 14, 2025 5:30 p.m. Regular City Council Meeting City Hall Council Chambers Wednesday, April 23, 2025 5:30 p.m. Regular City Council Meeting City Hall Council Chambers Guide to the City Council Proceedings and Decorum
Public Communications: Members of the public may speak during the meeting in-person. Each speaker is limited to three (3) minutes. 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 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 - March 19, 2025 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 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].
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 18th day of March 2025 at 12:45 p.m.
Kelsey Pettijohn, City Clerk
Agenda Item # 1.B.1.
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: March 17, 2025 Meeting date: March 19, 2025 Subject: Confirmation of the Director of Emergency Services Order Relating to the Palisades Fire Recovery
RECOMMENDED ACTION: Confirm the Order of the Director of Emergency Services dated March 12, 2025, directing law enforcement to set up and police resident-only access checkpoints at specified roads in response to the Palisades Fire recovery and extending the order through March 28, 2025.
FISCAL IMPACT: No additional appropriation is required. Potential costs include Los Angeles Sheriff’s resources.
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 such as the Palisades Fire and supporting community recovery is the City’s most immediate and top priority as part of the city's fundamental operations.
DISCUSSION: The Palisades Fire has had a devastating impact on Malibu, requiring significant coordination with multiple agencies, stakeholders, and community members to address recovery, preparedness, and safety concerns. An unfortunate outcome of the fire has been thefts from empty homes in evacuation zones. The Los Angeles County Sheriff’s Department has made a number of arrests.
To combat this sad trend, Governor Newsom issued Executive Order N-12-25 directing the California Highway Patrol (CHP), in consultation with the Governor’s Office of Emergency Services (OES), to engage local law enforcement agencies to develop a plan for enforcing, and support them in enforcing, relevant state laws, including, but not limited to, Penal Code section 602 (prohibiting trespassing) and Penal Code section 647(h) (prohibiting loitering with intent to commit crimes of opportunity), and Chapter 9 of Division City Council Meeting
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1.B.1.
Agenda Item # 1.B.1.
11 of the Vehicle Code, as well as relevant local laws and ordinances, in areas previously subject to mandatory evacuation orders, in order to protect private property and minimize the impacts on ongoing recovery efforts.
Following the Executive Order and pursuant to his authority under Government Code Section 8634 and Malibu Municipal Code Section 2.52.060(A)(1), the City’s Director of Emergency Services issued the order attached to this report (“Order”) on February 13, 2025. The Order directed law enforcement to set up and police resident-only access checkpoints at the following roads off Pacific Coast Highway:
1. Carbon Canyon
2. Rambla Vista (two entrances)
3. Rambla Pacifico
4. Las Flores
5. Big Rock
6. Tuna Canyon
7. Pena Road
8. Carbon Beach Terrace
The Order was confirmed by the City Council on February 24, 2025 and was in effect until February 28, 2025.
On February 26, 2025, the California National Guard deployment was extended through March 14, 2025. On February 28, 2025, the City’s Director of Emergency Services issued and order extending the resident-only access order through March 14, 2025. On March 4, 2025, the City Council confirmed the extended order and it was in effect until March 14, 2025.
On March 11, 2025, the California National Guard deployment was extended through March 28, 2025
On March 12, 2025, the City’s Director of Emergency Services issued an order extending the resident-only access order through March 28, 2025.
Malibu Municipal Code Section 2.52.060(A)(1) requires the City Council to confirm the Order at the earliest practicable time. As todays’ meeting is the earliest practicable time for the City Council to act, it is recommended the Council confirm the Order.
ALTERNATIVES: Do not confirm the Director of Emergency Services Order and terminate the order.
Agenda Item # 1.B.1.
ATTACHMENTS:
Director of Emergency Services Order, dated March 12, 2025 1 1
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28 ORDER OF THE DIRECTOR OF EMERGENCY SERVICES
FOR THE CITY OF MALIBU
WHEREAS, on January 7, 2025, Governor Newsom proclaimed a State of Emergency to exist in Los Angeles and Ventura Counties due to fire and windstorm conditions that caused several fires including the Palisades Fire;
WHEREAS, on January 7, 2025, the Director of Emergency Services issued a Proclamation of Existence of Local Emergency in response to the Palisades Fire, later ratified by the City Council; WHEREAS, an unfortunate outcome of the fire has been thefts from empty homes in evacuation zones for which the Los Angeles County Sheriff’s Department has made a number of arrests; WHEREAS, on January 19, 2025, as part of fire recovery efforts, Governor Newsom issued Executive Order N-12-25 directing the California Highway Patrol, in consultation with the Governor’s Office of Emergency Services, to engage local law enforcement agencies to develop a plan for enforcing, and support them in enforcing, relevant state laws, including, but not limited to, Penal Code section 602 (prohibiting trespassing) and Penal Code section 647(h) (prohibiting loitering with intent to commit crimes of opportunity), and Chapter 9 of Division 11 of the Vehicle Code, as well as relevant local laws and ordinances, in areas previously subject to mandatory evacuation orders, in order to protect private property and minimize the impacts on ongoing recovery efforts that may be caused by entry of large numbers of individuals who do not reside in these neighborhoods;
WHEREAS, on February 13, 2025, the City’s Director of Emergency Services issued an order directing law enforcement to set up and police resident-only access checkpoints at the following roads off Pacific Coast Highway (“Checkpoints”):
1. Carbon Canyon
2. Rambla Vista (two entrances)
3. Rambla Pacifico
4. Las Flores
5. Big Rock
Docusign Envelope ID: C2F2E7BA-4AF7-4634-AD40-BF3341439FCB 2 1
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28 6. Tuna Canyon
7. Pena Road
8. Carbon Beach Terrace
WHEREAS, on February 25, 2025, the City Council confirmed the Order at the earliest practicable time, as required by Malibu Municipal Code Section 2.52.060(A)(1); WHEREAS, on February 28, 2025, the City’s Director of Emergency Services extended the Order through March 14, 2025.
WHEREAS, on March 4, 2025, the City Council confirmed the extended Order at the earliest practicable time, as required by Malibu Municipal Code Section 2.52.060(A)(1); WHEREAS, recitals in the previous Orders not restated in this order are hereby incorporated by reference.
WHEREAS, the Order is set to expire on March 14, 2025 unless extended by the Director of Emergency Services;
WHEREAS, under the jurisdiction of the Los Angeles County Sheriff's Department (LASD), LASD personnel and the California National Guard (CNG) remain actively engaged in a range of operations, including traffic control, home checks, humanitarian relief, looter suppression, and roving saturation security patrols;
WHEREAS, CNG soldiers are currently deployed at the Checkpoints and City has requested the CNG to extend their presence beyond the expiration of the Order to protect life and property from increased thefts of empty homes and other criminal activity spurred by the Palisades Fire; and WHEREAS, the CNG has approved extending its deployment through March 28, 2025.
NOW THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED by the Director of Emergency Services of the City of Malibu that the Order be extended through March 28, 2025. Any amendment to or rescission of this extension the Order shall be in writing and given widespread publicity and notice.
Dated:
Joseph D. Toney, Acting City Manager
Director of Emergency Services
City of Malibu
Docusign Envelope ID: C2F2E7BA-4AF7-4634-AD40-BF3341439FCB 3/12/2025
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28 Approved as to Form:
Dated:
Trevor Rusin
City Attorney
Docusign Envelope ID: C2F2E7BA-4AF7-4634-AD40-BF3341439FCB 3/12/2025
Agenda Item # 2.A.
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Alexis Brown, Deputy City Manager
Reviewed by: Kelsey Pettijohn, City Clerk
Approved by: Alexis Brown, Deputy City Manager
Date prepared: March 14, 2025 Meeting date: March 19, 2025 Subject: Fire Rebuild Policy Discussion
RECOMMENDED ACTION: Provide direction to the City Manager on key fire recovery items described in this report.
FISCAL IMPACT: There is no immediate fiscal impact. Any budgetary considerations resulting from discussion or direction will be brought to the City Council for separate review and approval as needed.
DISCUSSION: At its regular meeting on March 10, 2025, the City Council took action to establish reoccurring specials meetings in the format of Work Sessions, on Thursdays at 3:00 p.m. each week there is not a regular meeting scheduled. The work sessions will provide an opportunity for in-depth discussion on specific topics, policy matters, and strategic initiatives related to the Palisades Fire Rebuilds.
The Council also determined that the first Special Meeting (Work Session) would take place on Wednesday, March 19 at 1:00 p.m. in place of the previously scheduled Strategic Workplan session, which will now be deferred to a future meeting.
As part of the City’s ongoing fire recovery efforts, the following topics will be discussed at the March 19 Special Work Session:
1. Interpretation of “Like-for-Like plus 10%” under the Governor’s Orders– The Governor has issued a series of orders suspending the Coastal Act and California Environmental Quality Act (CEQA) for “projects to repair, restore, demolish, or City Council Meeting
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Agenda Item # 2.A.
replace property or facilities substantially damaged or destroyed as a result of [the Palisades Fire]” that are:
a. “Primary structures and facilities that are in substantially the same location as, and do not exceed 110% of the footprint and height of, the primary structures and facilities that existed immediately before [the Palisades Fire],” or
b. “Accessory structures that do not exceed 110% of the footprint and height of, the accessory structures that existed immediately before this emergency and are in substantially the same location relative to the primary structure as the accessory structures that existed immediately before [the Palisades Fire].
The City Council will receive an overview from staff and review and discuss the “Like-for-Like plus 10%” rebuild projects these orders apply to—including the City’s interpretation and application of what specific projects qualify for this treatment. The City’s interpretation of these orders is important as the orders provide:
Agenda Item # 2.A.
2. Rebuild (Center) Organization – Discussion regarding the organizational structure and resources available to enhance efficiency, accessibility and support of residents in navigating the rebuild process. During the Special Meeting on February 27, 2025, staff presented a radial organization chart, including various stakeholders such as the City Council, City Manager, Advisory Firms, Community Groups and Project Managers. As part of this discussion, the Council may continue the conversation on the Rebuild Manager Role, sometimes referred to as the “Rebuild Czar.” The individual would report to the City Manager and provide leadership in ensuring an efficient and transparent rebuilding effort. At the March 10, 2025 Regular Meeting, the Council also expressed interest in discussing which types of rebuild applications will be processed at the Rebuild Center.
3. Self-Certification/GeoCoastal Requirements – Council will consider the options, feasibility and implications of self-certification in the plan review and approval process for post-disaster rebuilds. The discussion will focus on potential policy and process changes that would allow design professionals to self-certify plans and/or required studies or surveys as a means of expediting the rebuild process for their clients. Additionally, the Council will include an analysis of the City’s geo-coastal requirements and how they impact the rebuild process.
The City Council’s discussion and direction on these matters will guide City staff in providing recommendations for policy changes or refining procedures to support an efficient and effective fire recovery process. Any policy or budgetary considerations resulting from Council direction will be brought back to the Council for separate review and approval as needed.
ATTACHMENTS: None