MINUTES MALIBU CITY COUNCIL REGULAR MEETiNG SEPTEMBER 16, 2015 COUNCIL CHAMBERS 6:30 P.M.

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1 MINUTES MALIBU CITY COUNCIL REGULAR MEETiNG SEPTEMBER 16, 2015 COUNCIL CHAMBERS 6:30 P.M. CALL TO ORDER ROLL CALL Mayor Sibert called the meeting to order at 6:33 p.m. The following persons were recorded in attendance by the Recording Secretary: PRESENT: Mayor John Sibert; Mayor Pro Tern Laura Rosenthal; and Councilrnembers Joan House, Lou La Monte and Skylar Peak ALSO PRESENT: Christi Hogin, City Attorney; Jim Thorsen, City Manager; Ruth Piyaman, Finance/Accounting Manager; Matt Myerhoff, Public Information Officer; Vic Peterson, Environmental Sustainability Director; Craig George, Deputy Building Official; Casey Zweig, Environmental Programs Specialist; Bob Stallings, Parks and Recreation Director; Bob Brager, Public Works Director; and Heather Glaser, Acting City Clerk PLEDGE OF ALLEGIANCE Casey Zweig led the Pledge of Allegiance. PUBLIC COMMENT ON CLOSED SESSION None. The following items were listed on the Closed Session agenda: Conference with Legal Counsel Existing litigation pursuant to Government Code Section (d)(1): 1. Crown Castle NG West LLC v. City of Malibu Court Case No. 2:15-cv DSF (SSx) 2. City of Malibu v. Kent. et al. Los Angeles County Superior Court Case No. BS Trancas-PCH LLC v. City of Malibu Los Angeles County Superior Court Case No. BS145311

2 Page 2 of 10 CLOSED SESSION REPORT City Attorney Hogin reported that the Regular meeting convened at 5:30 p.m. at which time the City Council recessed to a Closed Session pursuant to Government Code Section (d)(l) with all Councilmembers present. She stated the Council discussed the items listed on the posted agenda and took two reportable actions: 1) the Council unanimously authorized the City Attorney to file an appeal of the attorney fee award in Trancas-PCH LLC v. City of Malibu; and 2) the Council unanimously authorized the City Attorney to file an appeal ofjudgment and ruling in City of Malibu v. Kent, et a!. APPROVAL OF AGENDA Councilmember La Monte moved and Mayor Pro Tem Rosenthal seconded a motion to approve the agenda. The motion carried unanimously. REPORT ON POSTING OF AGENDA Acting City Clerk Glaser reported that the agenda for the meeting was properly posted on September 3, 2015, with the amended agenda posted September 11, ITEM 1 CEREMONIAL/PRESENTATIONS A. Proclamation Declaring September 21 to September 25, 2015 as Septic Smart Week Mayor Sibert presented the proclamation to Norm Haynie. Norm Haynie, Wastewater Advisory Committee Chair, discussed wastewater treatment systems in the City. B. Presentation by West Basin Municipal Water District on Cash for Kitchens Program for Restaurants and Commercial Kitchens Michelle Montenegro, West Basin Municipal Water District Water Conservation and Resources Intern, discussed water conservation solutions for businesses. In response to Mayor Pro Tern Rosenthal, Gus Meza, West Basin Municipal Water District Senior Water Efficiency Specialist, stated another rain barrel distribution event for Division 4 of West Basin Municipal Water District would be scheduled soon. Mayor Sibert thanked West Basin Municipal Water District.

3 Page 3 of 10 C. Los Angeles County Waterworks District 29 Water Conservation Update Dave Rydman, Waterworks District (District) 29 Water Resources Manager, stated the Malibu portion of Distridt 29 had dropped to 21% conservation in the month of August He stated Malibu was further off its water conservation target than most coastal cities. He stated a presentation on water conservation had been held in the Malibu Senior Center on September 15, In response to Mayor Sibert, Mr. Rydman stated District 29 received a notice of violation for the month of June 2015 from the State Water Resources Control Board (SWRCB). In response to Mayor Pro Tern Rosenthal, Mr. Rydman stated approximately 60% of District residents had met the conservation target for the months of July and August He stated the top 10% of customers in District 29 used 50% of the water. He discussed surcharge fees collected since the Phased Water Conservation Plan had been implemented, which would be used to fund outreach. He discussed bi-monthly billing and stated District 29 was in the process of deciding the best way to contact habitual violators. He stated flow restriction methods were a last resort. He stated reports sent to the SWRCB would be forwarded to the City on a monthly basis. In response to Councilmember Peak, Mr. Rydman discussed the importance of restricting irrigation, identifying unknown leaks, and reporting observed water waste. ITEM 2.A. PUBLIC COMMENTS Bob LaBonge discussed Las Tunas Creek and the potential for flooding on Pacific Coast Highway (PCH). He discussed the homeless population along the creek. Marge Bernstein deferred her time to Ann Kronen. Ann Kronen discussed drainage needs along Pacific Coast Highway. Ann Buxie thanked the Council for its support of Poison Free Malibu. She stated it was imperative to protect nature. Wendi Dunn stated rodenticides could not continue to be used in the City. Jody Rosenthal deferred her time to Kian Schulman. Linda Gibbs deferred her time to Kian Schulman.

4 Page 4 of 10 Kian Schulman discussed rodenticide use at Malibu schools. She discussed weed control in Malibu parks. She recommended creating an oversight and advisory committee be established to create an acceptable pesticide list and revise the Integrated Pest Management Policy (1PM). Ryan Embree discussed water conservation efforts in the City. ITEM 2.B. COMMISSION I COMMITTEE I CITY MANAGER UPDATES City Manager Thorsen discussed Las Tunas Creek maintenance. He stated the Public Works Department would make a presentation regarding El Nino preparation at the September 28, 2015 City Council meeting. He announced the PCH Task Force video, PCH Group Therapy, won the City County Communications and Marketing Association (3CMA) national award for Best Public Service Announcement. He announced a bid opening for the Fiscal Year Street Maintenance project on September 17, ITEM 2.C. SUBCOMMITTEE REPORTS I COUNCIL COMMENTS Councilmember La Monte thanked the Las Tunas homeowners. He discussed rodenticides in the City. He stated he attended the Advocates for Malibu Public Schools (AMPS) town hail meeting, two Administration and Finance Subcommittee meetings, a PCH Taskforce meeting, a California Contract Cities Association Board of Directors meeting, and an Independent Cities Association Executive Board meeting. He discussed a Pepperdine Lecture Series event in the Senior Center featuring Professor Edward Larson and his recent book, The Return of George Washington. He announced the National Women s Political Caucus (NWPC) had named Mayor Pro Tem Rosenthal one of 12 honorees to be recognized at the upcoming NWPC LA Westside s Calendar Gala on October 22, Councilmember House thanked the Las Tunas homeowners for communicating potential drainage issues to the City. She congratulated Mayor Pro Tem Rosenthal. Councilmember Peak thanked the Malibu Surfing Association (MSA) for hosting the MSA Classic Invitational and SurfAid fundraiser. He announced the Malibu Boardriders Surf Club Day at the Beach event on September 19, Mayor Pro Tem Rosenthal announced Coastal Cleanup Day on September 19, She discussed neighborhood drains and the importance of reporting concerns to the City. She announced Vintage Grocers September Concert Series. She stated she spoke before the Pepperdine journalism class. She stated the California Incline Bridge Replacement project was scheduled for completion in May She stated she attended a Business Roundtable, the AMPS town hail

5 Page 5 oflo CONSENSUS meeting, the SurfAid fundraiser, and the Los Angeles County Library Commission meeting at Malibu Library. She announced the next Library Speaker Series event on September 23, She urged the community to reduce fire hazard by keeping the shrubbery around their property alive during the drought. She announced the next Zoning Ordinance Revisions and Code Enforcement Subcommittee (ZORACES) meeting on September29, Mayor Sibert discussed the City s 1PM and stated ZORACES would discuss the use of rodenticides further. He discussed water conservation efforts and stated Waterworks Wednesdays would be on hold until further notice. He discussed upcoming discussions with the City of Lancaster regarding transportation, water, and energy. He stated he attended a Las Virgenes-Malibu Council of Governments meeting regarding public transportation through Malibu and over the canyons. In response to Mayor Sibert, City Attorney Hogin discussed public comment regarding items that are not on the agenda. By consensus, the Council directed staff to bring back an item discussing reordering City Council meeting agendas to ensure that the business on the agenda is addressed first and that Council and public comment be moved to the end of the agenda. ITEM 3 CONSENT CALENDAR Mayor Pro Tern Rosenthal moved and Councilmember La Monte seconded a motion to approve the Consent Calendar. The motion carried unanimously. The Consent Calendar consisted of the following items: A. Previously Discussed Items None. B. New Items 1. 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 andlor 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. 557 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $2,189, City of Malibu payroll check numbers 4588-

6 Page 6 of and ACH deposits were issued in the amount of $174, Approval of Minut~s Recommended Action: Approve the minutes for the August 10, 2015 Regular City Council meeting. 4. Resolution to Participate in a Community Choice Aggregation Feasibility Study Recommended Action: Adopt Resolution No authorizing participation in the study of feasibility of Community Choice Aggregation for the City of Malibu. 5. Assignment of Agreement for Michael Baker International Recommended Action: Authorize the City Manager to execute an Assignment of Agreement with RBF Consulting for preparation of Park Master Plan and Environmental Impact Report for Malibu Bluffs Parkland. 6. Annual Progress Report Regarding the Implementation of the City s Housing Element to the California Department of Housing and Community Development Recommended Action: Direct staff to submit the Annual Housing Element Progress Report to the California Department of Housing and Community Development. 7. Termination and Abandonment of Offer to Dedicate and Vacation of Slope Easement (Baden Place) Recommended Action: 1) Adopt Resolution No ordering the vacation of a slope easement located along Merritt Drive and Baden Place; and 2) direct staff to record a certified copy of the resolution in the Office of the County Recorder. 8. Floodplain Variance Pacific Coast Highway Recommended Action: Adopt Resolution No granting a variance from the floodplain coastal high hazard requirements for the construction of a bulkhead within a coastal floodplain at Pacific Coast Highway. 9. Rejection of Bids for the Civic Center Wastewater Treatment Facility Project Phase 1 and Amendment to RMC Water and Environment (RMC) Recommended Action: 1) Reject all bids received for the Civic Center Wastewater Treatment Facility Project Phase 1, Specification No. 2036; 2) Direct staff to return all bid bonds and substitutes to the bidders and rebid the project; 3) Authorize the City Manager to execute Amendment No. 9 to Professional Services Agreement with RMC in the amount of $25,000 for additional design and engineering services to rebid the single project into three separate projects; and 4) Appropriate $25,000 from the General Fund Undesignated Reserve.

7 Page 7 of 10 ITEM 4 ORDINANCES AND PUBLIC HEARINGS A. Fee Study Report, Cost Allocation Plan and Fiscal Year Schedule of Fees Recommended Action: 1) Receive presentation of Fee Study Report and Cost Allocation Plan; 2) Conduct the Public Hearing; and 3) Adopt Resolution No establishing the Fiscal Year Schedule of Fees. City Manager Thorsen introduced Terry Madsen, ClearSource Financial Consulting. Mr. Madsen discussed the fee study. He stated roughly 70% of fees would remain unchanged, and there would moderate increases in Planning Department fees that involved high-volume planning services. Norm Haynie indicated support for the recommended increase in fees. Mayor Pro Tern Rosenthal stated fees should be waived for residential electric vehicle charging station permits and simple graywater systems. Councilmember Peak indicated support for waiving both fees. Councilmember House stated the service of permitting was a cost to the City. Councilmember La Monte stated the fee study was comprehensive and he thanked Mr. Madsen. He stated there were several areas where there was not full cost recovery, and the electric vehicle charging station permit fee should be a recovered cost. Deputy Building Official George stated the permit for branch circuits for electric vehicle charging stations was a small fee. He stated Laundry to Landscape simple graywater disposal system permits were free. Councilmember Peak discussed electric vehicle charging permits. Mayor Sibert thanked Mr. Madsen. In response to Mayor Sibert, Mr. Madsen stated the City s fee schedule for common fees was typical of other cities. Councilmember House thanked the consultant. Councilmember Peak moved and Councilmember La Monte seconded a motion a motion to adopt Resolution No establishing the Fiscal Year Schedule of Fees. The motion carried unanimously.

8 Page 8oflO B. California Home Finance Authority Property Assessed Clean Energy (PACE) Financing Programs and Associate Membership in California Home Finance Authority Recommended Action: 1) Adopt Resolution No consenting to inclusion of properties within the City s jurisdiction in the California Home Finance Authority Community Facilities District No [Clean Energy] to finance renewable energy improvements, energy efficiency, water conservation improvements and electric vehicle charging infrastructure, and approving associate membership in the joint exercise of powers authority related thereto; 2) Adopt Resolution No consenting to inclusion of properties within the City s jurisdiction in the California Home Finance Authority program to finance renewable energy generation, energy and water efficiency improvements, and electric vehicle charging infrastructure, and approving associate membership in the joint exercise of powers authority related thereto; and 3) Authorize the City Manager to execute the Amendment to the Joint Powers Agreement and make any non-substantive changes necessary to complete the transaction. Deputy Building Official George presented the staff report. James Ross, Ygrene Energy Fund, discussed the program. In response to Mayor Pro Tem Rosenthal, Mr. Green discussed marketing for commercial and multi-family development through local contractors. ITEM 5 Councilmember Peak moved and Mayor Pro Tem Rosenthal seconded a motion to: 1) Adopt Resolution No consenting to inclusion of properties within the City s jurisdiction in the California Home Finance Authority Community Facilities District No [Clean Energy] to finance renewable energy improvements, energy efficiency, water conservation improvements and electric vehicle charging infrastructure, and approving associate membership in the joint exercise of powers authority related thereto; 2) Adopt Resolution No consenting to inclusion of properties within the City s jurisdiction in the California Home Finance Authority program to finance renewable energy generation, energy and water efficiency improvements, and electric vehicle charging infrastructure, and approving associate membership in the joint exercise of powers authority related thereto; and 3) Authorize the City Manager to execute the Amendment to the Joint Powers Agreement and make any non-substantive changes necessary to complete the transaction. The motion carried unanimously. OLD BUSINESS None.

9 Page 9 of 10 ITEM 6 NEW BUSINESS None. ITEM 7 COUNCIL ITEMS A. Petition for Unification of a Malibu Unified School District (Mayor Pro Tem Rosenthal and Councilmember La Monte) Recommended Action: At the request of Mayor Pro Tern Rosenthal and Councilmember La Monte, adopt Resolution No authorizing transmission of the petition for unification of a Malibu Unified School District to the Los Angeles County Superintendent of Schools. Karen Farrer, AMPS President, thanked the Council for its support. She discussed the importance of Malibu separating from Santa Monica-Malibu Unified School District (SMMUSD). She encouraged the community to sign the petition. Melanie Goudwaard thanked the Council for its support. She indicated support for adopting the resolution. She encouraged the community to sign the petition. Jeff Kletter thanked the Council for its support. He indicated support for adopting the resolution. Mane! Sweetmore, AMPS Chief Operating Officer, thanked the Council for its support. He stressed the importance of having an independent school district. He stated separation from SMMUSD created an opportunity to provide a model for child-centric education. Mayor Pro Tern Rosenthal discussed the ways the Los Angeles County Board of Education could consider unification of a Malibu Unified School District. Councilmember La Monte stated the resolution showed the Council s support for unification of a Malibu Unified School District. Councilmember La Monte moved and Mayor Pro Tern Rosenthal seconded a motion to adopt Resolution No authorizing transmission of the petition for unification of a Malibu.Unified School District to the Los Angeles County Superintendent of Schools. The question was called and the motion carried unanimously.

10 Page 10 of 10 B. Malibu Documentary Transfer Tax (Mayor Pro Tern Rosenthal and Councilmember Peak) Recommended Action: At the request of Mayor Pro Tern Rosenthal and Councilmember Peak, create a new Documentary Transfer Tax (DTT) Ad Hoc Committee of Mayor Pro Tern Rosenthal and Councilmember Peak to seek community input on the establishment of a Malibu DTT and suggested applications for revenues generated by the new tax. CONSENSUS ADJOURNMENT Councilmember Peak discussed using tax funds to preserve open space. Mayor Pro Tern Rosenthal stated the goal was to receive community feedback. Councilmember La Monte indicated support for creating the Committee. Councilmember House stated it was important for the Committee to determine the community s receptiveness to a general tax versus a pointed tax. By consensus the Council created a new Documentary Transfer Tax (DTT) Ad Hoc Committee of Mayor Pro Tern Rosenthal and Councilmember Peak to seek community input on the establishment of a Malibu DTT and suggested applications for revenues generated by the new tax. At 8:38 p.m., Mayor Pro Tern Rosenthal moved and Mayor Sibert seconded a motion to adjourn in memory of County Line Beach surfing accident victim Desiree Razo-Zondag. The motion carried unanimously. Approved and adopted by the City Council of the City of Malibu on Oc ber 14, JOHNS, ayor ATTEST: 7 ~2J~ LISA POPE, Cicy ~1erk -~ (seat)