MINUTES MALIBU CITY COUNCIL ADJOURNED REGULAR MEETING APRIL 12, 2017 COUNCIL CHAMBERS 6:30 P.M.

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1 MINUTES MALIBU CITY COUNCIL ADJOURNED REGULAR MEETING APRIL 12, 2017 COUNCIL CHAMBERS 6:30 P.M. CALL TO ORDER ROLL CALL Mayor La Monte called the meeting to order at 6:31 p.m. The following persons were recorded in attendance by the Recording Secretary: PRESENT: Mayor Lou La Monte; Mayor Pro Tem Skylar Peak; and Councilmembers Rick Mullen, Laura Rosenthal and Jefferson Wagner (via teleconference) ALSO PRESENT: Trevor Rusin, Assistant City Attorney; Reva Feldman, City Manager; Heather Glaser, City Clerk; Craig George, Environmental Sustainability Director; Bonnie Blue, Planning Director; Bob Brager, Public Works Director; Matt Myerhoff, Media Information Officer; Kelsey Pettijohn, Deputy City Clerk; Andrew Sheldon, Environmental Sustainability Manager; Jennifer Brown, Senior Environmental Programs Coordinator; Kristin Riesgo, Recreation Manager; and Jasch Janowicz, Contract Planner PLEDGE OF ALLEGIANCE David Brotman led the Pledge of Allegiance. APPROVAL OF AGENDA Councilmember Rosenthal moved and Councilmember Mullen seconded a motion to approve the agenda. The question was called and the motion carried unanimously. REPORT ON POSTING OF AGENDA City Clerk Glaser reported that the agenda for the meeting was properly posted on March 30, 2017, with the amended agenda posted on April 6, ITEM 1 CEREMONIAL/PRESENTATIONS A. Staff Update on the Civic Center Wastewater Treatment Facility Project Public Works Director Brager presented the update. In response to Councilmember Mullen, Public Works Director Brager stated the Civic Center Wastewater Treatment Facility (CCWTF) would be run by a Grade V operator and a team of three to five people once it was complete.

2 Page 2 of 11 ITEM 2.A. PUBLIC COMMENTS Craig Sap, California State Parks, discussed projects within the City, including Phase II of the Malibu Pier Repairs project, the Adamson House, the Point Dume stairs, and the El Matador State Beach parking lot. In response to Mayor La Monte, Mr. Sap stated the Malibu Pier Repairs project was scheduled for completion by September In response to Mayor Pro Tem Peak, Mr. Sap stated repairs, landings, and stair widening at Point Dume would not begin until fall He discussed increased lifeguard presence during the summer months. He discussed the possibility of mobile applications to improve public access to and payment for parking. Councilmember Mullen expressed concern for the preservation of parks within the City. Dma Hinojosn deferred her time to Oona Khan. Oona Khan, Malibu Country Estates Homeowners Association, indicated opposition to development at Malibu Bluffs Park. Norm Haynie expressed concern over the definition of existing regarding sea walls inab Michael Osterman was not present at the time of the hearing. ITEM 2.B. COMMISSION I COMMITTEE / CITY MANAGER UPDATES City Manager Feldman thanked Public Works Director Brager for his update regarding the CCWTF project. She announced the Easter Hoppening event on April 14, 2017, and the Malibu Senior Center 14th Anniversary event on April 20, She announced Public Safety Manager Susan Dueflas would start at the City on April 24, She thanked the Volunteers on Patrol for their service to the community. She discussed the summer deployment plan to manage traffic and crowds. ITEM 2.C. SUBCOMMITTEE REPORTS I COUNCIL COMMENTS Councilmember Rosenthal announced the installation of household battery recycling bins on April 25, She stated City Hall was reducing waste through use of sustainable silverware and ceramic mugs. She stated she attended a League of California Cities Policy Planning Committee meeting, a League of California Cities Environmental Quality Subcommittee meeting, and a Southern California Association of Governments meeting. She announced the Santa Monica-Malibu Unified School District (SMMUSD) Board of Education would

3 Page 3 of 11 discuss the negotiated terms of agreement on the financial implications of reorganizing SMMUSD into two separate unified school districts on April 20, She stated the Malibu Unification Negotiations Committee continued to meet. She announced a Document Shred Day event at City Hall on April 22, Mayor Pro Tern Peak suggested the Malibu Beach Team make an effort to issue citations for littering. He requested City Manager Feldman look into AB 1129, and he announced the Malibu Senior Center 14th Anniversary event on April 20, Councilmember Wagner stated he attended the 1 9th Annual Chumash Day Powwow and Intertribal Gathering. Councilmember Mullen discussed the interview process for the Public Safety Manager position. He stated he did a ride along with homeless outreach professionals working in the City. He stated he and Mayor Pro Tem Peak visited the California Wildlife Center. He discussed a number of bills making their way through the California legislature. Mayor La Monte stated he attended the League of California Cities Policy Planning Committee meeting, and delivered the State of the City address, accompanied by Senator Henry Stern. City Manager Feldman announced a ribbon cutting ceremony on the west end of Malibu for the new City entrance signs on April 24, Mayor La Monte stated he attended the Regional Mayors Summit, a California Contract Cities Executive Board meeting, a Metro Mayors Roundtable, the 19th Annual Chumash Day Powwow and Intertribal Gathering, a Metro Governance meeting, and a Los Angeles County Commission on Alcohol and Other Drugs meeting. He stated he would go to Sacramento to lobby for SB 786. He requested a copy of AB ITEM 3 CONSENT CALENDAR Councilmember Rosenthal moved and Mayor Pro Tern Peak seconded a motion to approve the Consent Calendar. The question was called and the motion carried unanimously. The Consent Calendar consisted of the following items: A. Previously Discussed Items None.

4 Page 4 of 11 B. New Items Waive Further Reading Recommended Action: After the City Attorney has read the title, waive full reading of ordinances considered on this agenda for introduction on first reading and/or second reading and adoption. 2. Approve Warrants Recommended Action: Allow and approve warrant demand numbers listed on the register from the General Fund and direct the City Manager to pay out the funds to each of the claimants listed in Warrant Register No. 592 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $2,169, City of Malibu payroll check numbers and ACH deposits were issued in the amount of $168, Approval of Minutes Recommended Action: Approve the minutes for the March 13, 2017 Regular City Council meeting. 4. Jake Kuredjian Citizenship Award Nomination Recommended Action: At the recommendation of the Parks and Recreation Commission, approve the nomination of Bob Stallings as the 2017 recipient of the Jake Kuredjian Citizenship Award. 5. Participation in the Institute for Local Government s Beacon Program Recommended Action: Adopt Resolution No supporting the City of Malibu s participation in the Institute for Local Government s Beacon Program. 6. Michael Epstein Sports Productions Inc. Agreement Review and Assignment of Agreement to Malibu Triathlon Productions LLC Recommended Action: 1) Review the current agreement with Michael Epstein Sports Productions Inc.; and 2) Authorize the City Manager to execute an Assignment of Agreement with Michael Epstein Sports Productions Inc., a California Corporation, transferring its interest in the Agreement to Malibu Triathlon Productions LLC, a Subsidiary of USA Sports and Entertainment, a Delaware Limited Liability Corporation. 7. Point Dume Speed Advisory Signs Completion and Acceptance of Work Recommended Action: 1) Accept the work performed by Chrisp Company for the Point Dume Speed Advisory Signs (Specification No. 2061) as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion for the project. 8. Funding for Audits of Two Departments Recommended Action: Authorize an appropriation of $9,800 from the General Fund Undesignated Reserve to Account No (Finance Professional Services) for the audit of two departments pursuant to City Council Policy 17.

5 Page 5 of 11 ITEM 4 ORDINANCES AND PUBLIC HEARINGS A. Valet Parking Lots Serving Hotels, Motels, and Bed and Breakfast Inns in the Commercial Visitor Serving Zoning Districts (Applicant: Burdge and Associates Architects on behalf of Malibu Beach Inn~ Owner: Mani MBI(DE), LLC; Location: Citywide) (Continued from March 13, 2017) Recommended Action: 1) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 417 determining Zoning Text Amendment No is categorically exempt from the California Environmental Quality Act and adding Section to Title 17 (Zoning) of the Malibu Municipal Code to regulate the establishment of valet parking lots serving hotels, motels, and bed and breakfast inns located in the Commercial Visitor Serving-One and Commercial Visitor Serving-Two zoning districts; and 2) Direct staff to schedule second reading and adoption of Ordinance No. 417 for the April 24, 2017 Regular City Council meeting. Contract Planner Janowicz presented the staff report. He indicated a typographical error for correction in Section 3.B.4. of Ordinance No Tony Canzoneri deferred his time to Simon Mani. Joseph Lezama deferred his time to Simon Mani. Simon Mani indicated support for 50% compact and 50% full-size spaces. Joshua Gottheim, counsel for the applicant, indicated support for the project. Scott Dittrich expressed concern regarding the Zoning Text Amendment (ZTA). He suggested requiring employees to use the lot for parking and not the street. Norm Haynie stated safety was the highest priority. offsite parking for the safety of valet parking attendants He indicated support of David Brotman indicated support for a parking master plan before consideration of the ZTA, but suggested if the ZTA were approved it should only apply to the Malibu Beach Inn. He stated the Malibu Beach Inn should be required to supplement the lost parking plus an additional 10%. Ryan Embree stated compact spaces should be banned. Jeff Seymour, counsel for the property owner, stated no guest would be allowed to self-park at the proposed offsite location. He indicated support for 50% compact and 50% full-size spaces. Mayor Pro Tem Peak disclosed he met with Mr. Mani and Mr. Seymour and had visited the site.

6 Page 6 of 11 In response to Mayor Pro Tern Peak, Contract Planner Janowicz stated the project could increase the total number of parking spaces available through valet parking configuration. Mayor Pro Tern Peak indicated support for rnaking the ZTA project specific. In response to Councilrnember Rosenthal, Contract Planner Janowicz clarified the ZTA would provide applicants the ability to apply for offsite parking. Councilmember Wagner disclosed contributions from Mr. Mani during his recent campaign and that his daughter used to work at the Malibu Beach Inn. He indicated opposition to the ZTA. He stated parking should be created for employees before upgrades were made to the hotel. He stated the proposed property should be titled to the hotel property. Councilmernber Mullen disclosed he met with Mr. Mani and spoke with Mr. Seymour. In response to Councilmember Mullen, Planning Director Blue stated the hotel was non-conforming. Councilmernber Mullen expressed concern for adding more moving parts to already difficult parking issues on Pacific Coast Highway (PCH). Mayor La Monte disclosed he met with Mr. Mani and Mr. Seymour. Mr. Canzoneri stated the properties would be tied together. He stated there would be no visitor self-parking in the lot. He stated there was a safety study for traffic generation. He stated Mr. Mani would put a crosswalk in to satisfy California Coastal Commission (CCC) requirements unmet by the previous property owner. He stated the ZTA only allowed property owners to submit an application for offsite parking. Mayor La Monte stated creative solutions were required to solve parking issues in the City. In response to Mayor Pro Tern Peak, Assistant City Attorney Rusin stated the parameters within which an application could be made would be laid out in the ZTA. In response to Councilrnernber Rosenthal, Planning Director Blue stated the matter was legislative and not appealable by the CCC. Councilmernber Mullen indicated support for approving the recommendation of the Planning Commission.

7 Page 7 of 11 Councilmember Rosenthal stated studies should be required once there was a project to study. Councilmember Rosenthal moved and Mayor La Monte seconded a motion to introduce on first reading Ordinance No. 417, as amended, determining Zoning Text Amendment No is categorically exempt from the California Environmental Quality Act and adding Section to Title 17 (Zoning) of the Malibu Municipal Code to regulate the establishment of valet parking lots serving hotels, motels, and bed and breakfast inns located in the Commercial Visitor Serving-Two zoning district; and 2) direct staff to schedule second reading and adoption of Ordinance No. 417 for the April 24, 2017 Regular City Council meeting. In response to Councilmember Mullen, Planning Director Blue clarified the code did not yet allow for offsite valet parking. She stated a crosswalk installed by Caltrans within 300 feet would allow for Malibu Beach Inn to valet park without the use of a shuttle. Planning Director Blue clarified the size of spaces determined the square footage of the lot. Mayor Pro Tem Peak stated he would only support full-size spaces to ensure an overall increase in parking. In response to Mayor La Monte, Planning Director Blue stated a parking plan could include stacked parking. Councilmember Wagner stated the hotel was already under-parked and staff was required to park on PCH. Mr. Mani discussed valet parking. Contract Planner Janowicz discussed the offsite lot parking space capacity. FRIENDLY AMENDMENT Councilmember Rosenthal amended the motion to replace the first sentence of Section (E)(3) with Offsite valet parking areas shall be accessed only by valet parking staff and shall exceed the number of parking spaces being relocated from the hospitality site. Mayor La Monte accepted the amendment. The question was called and the amended motion carried 3-2, Councilmember Wagner and Mayor Pro Tem Peak dissenting. B. Cool Roof Ordinance Recommended Action: 1) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 416 determining the project is

8 Page 8 of 11 categorically exempt from the California Environmental Quality Act and amending Malibu Municipal Code Chapter to add requirements for the mandatory use of solar reflective roofing ( cool roof ) for all new buildings and any major building alterations or roof replacement permits; and 2) Direct staff to schedule second reading and adoption of Ordinance No. 416 for the April 24, 2017 City Council meeting. Environmental Sustainability Manager Sheldon presented the staff report. indicated a typographical error for correction in the title of Ordinance No He David Brotman discussed the climate of Malibu and indicated opposition to the ordinance. In response to Councilmember Mullen, Environmental Sustainability Manager Sheldon stated the matter was brought forward by Councilmember Rosenthal. Councilmember Rosenthal stated Malibu s climate was changing. wanted to encourage people to build efficiently. She stated she Mayor Pro Tern Peak expressed concern for the aesthetic of cool roofs. Councilrnember Wagner stated further review was required. Mayor Pro Tern Peak suggested review of solar requirements for roofs. Environmental Sustainability Manager Sheldon stated the ordinance would raise the energy savings bar. Councilmember Mullen stated there was no need for the ordinance in the climate of Malibu. Mayor La Monte stated there were enough mandates on building. Mayor Pro Tern Peak stated the City should require buildings to be built with the most energy efficient materials given they were the same cost as something less efficient. Mayor Pro Tern Peak moved and Councilmember Rosenthal seconded a motion to direct staff to bring back a policy to reduce roofing permit fees for cool roofs. The question was called and the motion carried unanimously. C. California Fire Code Recommended Action: 1) Conduct the Public Hearing; and 2) Conduct second reading, unless waived, and adopt Ordinance No. 415 adopting by reference Title 32 of the Los Angeles County Code, as arnended, incorporating the California Fire Code, 2016 Edition, ratifying the Consolidated Fire Protection District of Los

9 Page 9 of 11 Angeles County s building standards contained in Title 32, as amended, and finding the action exempt from the California Environmental Quality Act. Environmental Sustainability Director George presented the staff report. Councilmember Wagner moved and Mayor Pro Tem Peak seconded a motion to adopt Ordinance No. 415 adopting by reference Title 32 of the Los Angeles County Code, as amended, incorporating the California Fire Code, 2016 Edition, ratif~ ing the Consolidated Fire Protection District of Los Angeles County s building standards contained in Title 32, as amended, and finding the action exempt from the California Environmental Quality Act. The question was called and the motion carried unanimously. D. Appeal Nos , and Regarding Wireless Telecommunications Facility No ( Harvester Road~ Appellants: Dana Christiaansen, Robert LaMasney and Robert Kirk Odian; Applicant: Crown Castle NG West, Inc.) (Continued from March 13, 2017) Recommended Action: Adopt Resolution No denying Appeal Nos , and , determining the project is categorically exempt from the California Environmental Quality Act, and approving Wireless Telecommunications Facility No and Site Plan Review No to allow the collocation of a new wireless telecommunications facility at an existing Sprint PCS facility, including a new strand-mounted antenna attached to one of the existing cables resulting in a maximum antenna height of 22 feet and within a five-foot horizontal distance from the existing utility pole and the replacement of Sprint s underground vault with a larger underground vault that would accommodate the electrical support equipment for Sprint PCS and Crown Castle, located in the public right-of-way at Harvester Road (Crown Castle NG West, Inc.). Planning Director Blue presented the staff report. RECESS Mayor La Monte called a recess at 9:42 p.m. The meeting reconvened at 9:56 p.m. with all Councilmembers present. Mayor Pro Tem Peak disclosed he had visited the site and met with the appellants. Mayor La Monte disclosed he had visited the site and met with the appellants. Councilmember Rosenthal disclosed she had visited the site and met with the appellants. Mayor Pro Tem Peak disclosed he representatives of Crown Castle. had met with City Attorney Hogin and

10 Page loofli Ryan Embree stated there was cell service at the site. He stated there needed to be a new telecommunications ordinance. Bob LaMasney, appellant, discussed the history of the application. the alternative site proposed by the appellants. Councilmember Rosenthal left the meeting at 10:07 p.m. He discussed Michael Shonefelt, counsel for Crown Castle, discussed the conditional settlement agreement and the necessity of the site. In response to Mayor La Monte, Dana Christiaansen stated he wanted the matter to be resolved. He stated Crown Castle had not talked to the appellants directly. He questioned methods Crown Castle could utilize to minimize visual impact. In response to Mr. Christiaansen, Mr. Shonefelt stated a pole top was precluded by Southern California Edison. He stated the City required wireless telecommunications facilities co-location. In response to Mayor Pro Tem Peak, Mr. Shonefelt stated the resolution before the Council was the best solution. In response to Councilmember Mullen, Mr. Shonefelt stated the agreement with Sprint for vault co-location had not yet been signed. ITEM 5 Mayor Pro Tern Peak moved and Mayor La Monte seconded a motion to adopt Resolution No denying Appeal Nos , and , determining the project is categorically exempt from the California Environmental Quality Act, and approving Wireless Telecommunications Facility No and Site Plan Review No to allow the collocation of a new wireless telecommunications facility at an existing Sprint PCS facility, including a new strand-mounted antenna attached to one of the existing cables resulting in a maximum antenna height of 22 feet and within a five-foot horizontal distance from the existing utility pole and the replacement of Sprint s underground vault with a larger underground vault that would accommodate the electrical support equipment for Sprint PCS and Crown Castle, located in the public right-of-way at Harvester Road (Crown Castle NO West, Inc.). The question was called and the motion carried 4-0, Councilmember Rosenthal absent. OLD BUSINESS None. ITEM 6 NEW BUSINESS None.

11 Page 11 of 11 ITEM 7 COUNCIL ITEMS A. City Council Outside Agency Appointments Recommended Action: Make Outside Agency appointments as necessary. Mayor Pro Tem Peak moved and Councilmember Wagner seconded a motion to defer appointments to the Trails Working Group and the Water Education Foundation until such a time as it becomes necessary. The question was called and the motion carried 4-0, Councilmember Rosenthal absent. CONSENSUS ADJOURNMENT By consensus, the Council directed staff to bring back an item regarding a National Parks Service weeding outreach program to prevent the use of rodenticides and herbicides in national parks. At 10:43 p.m., Mayor La Monte adjourned the meeting in memory of Don Rickles. ATTEST: Approved and adopted by the City Council of the City of Malibu on May 8, I ~ A ) L~ // SKYLAR PE~kK, Mayor H THER GLAS~R~ City CLrk (seal)