MINUTES MALIBU CITY COUNCIL REGULAR MEETING DECEMBER 14, 2015 COUNCIL CHAMBERS 6:30 P.M.

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1 MINUTES MALIBU CITY COUNCIL REGULAR MEETING DECEMBER 14, 2015 COUNCIL CHAMBERS 6:30 P.M. CALL TO ORDER ROLL CALL Mayor Rosenthal called the meeting to order at 6:32 p.m. The following persons were recorded in attendance by the Recording Secretary: PRESENT: Mayor Laura Rosenthal; Mayor Pro Tern Lou La Monte; and Councilmembers Joan House, Skylar Peak and John Sibert ALSO PRESENT: Christi Hogin, City Attorney; Jim Thorsen, City Manager; Reva Feldman, Assistant City Manager; Elizabeth Shavelson, Assistant to the City Manager; Matt Myerhoff, Media Information Officer; Bob Stallings, Parks and Recreation Director; Amy Crittenden, Recreation Manager; Bonnie Blue, Planning Director; Stephanie Hawner, Associate Planner; Bob Brager, Public Works Director; and Heather Glaser, Deputy City Clerk PLEDGE OF ALLEGIANCE David Saul 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)(l): 1. Crown Castle NG West LLC v. City of Malibu Court Case No. 2:15-cv DSF (SSx) 2. Trancas-PCH v. City of Malibu (Housing Element case) Los Angeles County Superior Case No. BS 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

2 Page 2 of (d)(1), with all Councilmembers present. She stated the Council discussed the items listed on the posted agenda and took no reportable action. APPROVAL OF AGENDA MOTION Councilmember House moved and Mayor Pro Tern La Monte seconded a motion to approve the agenda. The motion carried unanimously. REPORT ON POSTING OF AGENDA Deputy City Clerk Glaser reported that the agenda for the meeting was properly posted on December 3, ITEM 1 CEREMONIAL/PRESENTATIONS None. ITEM 2.A. PUBLIC COMMENTS Meril May discussed preparation for El Niño. Jason Livingston deferred his time to Diane Forte. Diane Forte, Southern California Edison (SCE), discussed pole replacement in the City. She discussed emergency preparedness for El Niflo. In response to Mayor Pro Tern La Monte, Ms. Forte stated she was not aware of any recent power outage issues in the Big Rock area. In response to Councilmember Peak, Mr. Livingston stated the pole replacement program was 50% complete. Mayor Rosenthal requested SCE check on the visual impairment caused by a pole on the northwest corner of Broad Beach Road and Pacific Coast Highway (PCH). In response to Mayor Rosenthal, Ms. Forte stated the SCE team tasked with the troubleshooting the Malibu area was located in Thousand Oaks. She stated the planned outage notifications were set to be implemented in the first quarter of Norm Haynie discussed commercial development standard parking requirements in the City. He stated the zoning of privately owned property as open space was illegal. He requested both items be brought before the Zoning Ordinance Revisions and Code Enforcement Subcommittee (ZORACES).

3 Page 3 of 13 ITEM 2.B. COMMISSION I COMMITTEE / CITY MANAGER UPDATES David Saul, Public Safety Commission Chair, discussed El Niño preparations, low-speed vehicle safety, fireworks, and the quarterly review of the Emergency Preparedness Program. Eric Myer, Cultural Arts Commission Chair, discussed the Roundup for the Arts campaign, the Concert on the Bluffs event on June 12, 2016, The Board as Canvas Malibu City Hall surfboard exhibit, public art in Malibu, Malibu Salon Series events, and the Legacy Park Public Art Enhancement Plan. City Manager Thorsen wished everyone happy and safe holidays, and thanked the Administrative Services Department for its hard work on the City s Holiday Open House event. He announced the Civic Center Wastewater Treatment Facility Assessment District ballots were mailed December 11, He thanked the Fire Department for its response to the Latigo Canyon fire. He discussed the El Niflo Preparedness presentation held for the community on December 12, ITEM 2.C. SUBCOMMITTEE REPORTS I COUNCIL COMMENTS Mayor Pro Tem La Monte thanked the Fire Department. He thanked Public Safety Commissioner Saul and Cultural Arts Commissioner Myer. He stated he attended a meeting with Los Angeles County Supervisor Mike Antonovich, the City of Agoura Hills reorganization meeting, two California Contract Cities Association Executive Board meetings, the 5th Annual All Cities Holiday Reception sponsored by the California Contract Cities Association, the Los Angeles County Division of the League of California Cities, and the Los Angeles County Business Federation, and the Malibu Navy League s Toys for Tots holiday event at First Bank for which he thanked John and Anne Payne and the Marines. He stated he attended the City s Holiday Open House event, and that he and Mayor Rosenthal discussed gun control at Pepperdine University. He wished everyone a happy, healthy and safe holiday. Councilmember Sibert thanked the Fire Department. He stated he attended Southern California Association of Governments meetings regarding the Draft Regional Transportation Plan and Sustainable Communities Strategy and Program Environmental Impact Report, which were both released for a 60- day public review and comment period on December 3. He discussed stormwater planning. He discussed the access road through Serra Retreat to a Los Angeles County development in the mountains overlooking Malibu, which was recently approved by the California Coastal Commission. He wished everyone a happy holiday season. Councilmember Peak wished everyone happy holidays. He stated he attended a ZORACES meeting earlier in the day. He thanked Ms. Forte and Mr. Livingston

4 Page 4 of 13 for their information, he reminded residents to lock their vehicles, and he thanked staff, and the students that performed, for the City s Holiday Open House event. Councilmember House wished everyone happy holidays. She stated that she, Mayor Rosenthal, and Councilmember Sibert attended the Santa Monica-Malibu PTA Council Holiday Breakfast. She discussed development standards. She thanked Public Safety Commissioner Saul and Cultural Arts Commissioner Myer. Mayor Rosenthal stated she attended the Business Roundtable, gave an update on the City to the Malibu Optimist Club, and attended a ZORACES meeting. She thanked Media Information Officer Myerhoff and Assistant City Manager Feldman for their work on the City s Holiday Open House event. She encouraged the community to shop local. She stated there were Spark of Love Toy Drive boxes in City Hall for toy donations, and that the community could obtain free, filled sand bags at Zuma Beach or unfilled sand bags at the fire station. She urged the community to sign up for City website notifications and emergency alerts through Everbridge. She announced a request for bids for water conservation outreach services, and the next Library Speaker Series event on January 12, She wished everyone a happy and safe holiday. ITEM 3 CONSENT CALENDAR Item No. 3.B.5. was pulled by the public. MOTION Councilmember Sibert moved and Councilmember Peak seconded a motion to approve the Consent Calendar, with the exception of Item No. 3.B.5. 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 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. 563 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $1,282, City of Malibu payroll check numbers and ACH deposits were issued in the amount of $324,

5 Page 5 ofl3 3. Approval of Minutes Recommended Action: Approve the minutes for the November 9, 2015 Regular City Council meeting. 4. Amendment to Agreement with Access Information Management (Access) Recommended Action: Authorize the City Manager to execute Amendment No. 2 to Professional Services Agreement with Access for storage of the City s offsite records, services and transportation pertaining to records management. 6. November 3, 2015 Special Municipal Election Results Recommended Action: Adopt Resolution No reciting the facts of the Special Municipal Election held on November 3, 2015, and declaring the result and such other matters as provided by law. The following item was pulled for individual consideration: 5. Malibu Library 2016 Use of Set Aside Funds Recommended Action: Approve the use of set aside funds for the Malibu Library for calendar year Pamela Conley Ulich discussed the need for library planning in western Malibu. Assistant City Manager Feldman presented the staff report. She discussed county staffing and challenges with electronic kiosks or a pop-up library on the west end of Malibu. Councilmember House thanked Ms. Ulich for her past work on the Malibu library. She discussed MOTION Mayor Rosenthal moved and Councilmember House seconded a motion to approve the use of set aside funds for the Malibu Library for calendar year Councilmember Peak stated he would like to explore the option of better serving the west end of Malibu in the future. The motion carried unanimously. ITEM 4 ORDINANCES AND PUBLIC HEARINGS A. Approval of Use of Community Development Block Grant (CDBG) Funds for a Non-Profit Organization Working with the Homeless Recommended Action: 1) Conduct a public hearing; 2) Adopt Resolution No authorizing and approving the use of $57,000 in CDBG funds for a new project that will provide for the rehabilitation of a multi-unit residential facility that will

6 Page 6 of 13 provide for low and moderate income housing; and 3) Amend the Adopted Budget for Fiscal Year to include $57,000 of revenue and expense to Fund 215 (Community Development Block Grant). Assistant City Manager Feldman presented the staff report. In response to Mayor Rosenthal, Assistant City Manager Feldman stated CDBG funds were strictly regulated. Sheila Hill was not present at the time of the hearing. Bibi Jordan deferred her time to Paul Elder. Paul Elder, Community Assistance Resource Taskforce (CART), requested a representative from CART and Malibu Interfaith be appointed to work with Step Up on Second. He suggested a state of emergency be declared in preparation for the effects of inclement weather on the homeless population. Nancy Rosenguist discussed the homeless population in Malibu. Claudia Taylor deferred her time to Carol Moss. Cindy Dorn deferred her time to Carol Moss. Chelo Alvarez Stehle deferred her time to Carol Moss. Carol Moss discussed CART. She stated the homeless population had grown. She discussed emergency shelter during El Niflo rain events. She discussed a matching grant offer from the Conrad N. Hilton Foundation for Ocean Park Community Center (OPCC) services. Levi Cunin thanked Ms. Moss. He indicated support for the staff recommendation. Pamela Conley Ulich thanked community members and Ms. Moss for their hard work and dedication to the Malibu community. She discussed creative ways to find funding for assisting the homeless community. Matt denicola discussed CART. He indicated support for the staff recommendation. Assistant City Manager Feldman stated the Step Up on Second was chosen for their ability to use the available capital funds.

7 Page 7 of 13 In response to Mayor Rosenthal, Assistant to the City Manager Shavelson discussed emergency shelter locations throughout Los Angeles. She stated the Courthouse was unavailable for the winter season. She discussed the option for busing homeless persons to the closest facility in West Los Angeles. Mayor Pro Tem La Monte discussed his knowledge of Step Up on Second. Councilmember Sibert stated the recommended fund use was creative and could be well utilized by a non-profit organization. He discussed work with Congressman Ted Lieu regarding homeless veterans. Councilmember Peak requested an item come back to allocate matching funds for work with OPCC. MOTION Councilmember Peak moved and Councilmember House seconded a motion to: 1) adopt Resolution No authorizing and approving the use of $57,000 in CDBG funds for a new project that will provide for the rehabilitation of a multiunit residential facility that will provide for low and moderate income housing; and 2) Amend the Adopted Budget for Fiscal Year to include $57,000 of revenue and expense to Fund 215 (Community Development Block Grant). Councilmember House thanked everyone and stated she would like to refer back to CART on the best use of the funds in the future. Mayor Rosenthal thanked everyone and recommended that CART apply for a City of Malibu General Fund Grant. She expressed concern for the homeless population during potential El Niño rain events. The motion carried unanimously. Mayor Rosenthal encouraged the community to contact Ms. Moss to get involved with CART. B. Appeal No regarding Conditional Use Permit No (Malibu Community Collective Pacific Coast Highway, Unit 3) Recommended Action: Adopt Resolution No denying Appeal No and approving Conditional Use Permit No , an application to permit the operation of a medical marijuana dispensary at an existing commercial building located at Pacific Coast Highway. Associate Planner Hawner presented the staff report. Jennifer Kofin, appellant, discussed safety concerns regarding the proposed location for the dispensary.

8 Page 8 of 13 Tim Martin, attorney for appellant, discussed PCH safety. He questioned the California Environmental Quality Act (CEQA) exemption. He discussed conflicting resolutions presented to the Council. He discussed Malibu Municipal Code (MMC) Section (C)(1) and stated the ownership and operation of Malibu Community Collective had changed from Stephen Braverman to Peter Marshall. Don Schmitz, on behalf of the applicant, stated the California Department of Justice Live Scan could not be provided until the City or the Sheriff required it if/when the application had been approved. He stated the application met the requirements of MMC Section Warren Pulley indicated opposition to the staff recommendation. Jena Chanel wished everyone happy holidays. recommendation. She indicated support for the staff Antoine Alti, Malibu Colony Liquor, stated the location had never had any issues. Karen Elias indicated support for the staff recommendation. Graeme Clifford indicated opposition to the staff recommendation. He stated there was a pedestrian fatality in October 2015 across the street from the proposed location. Arne Freeman indicated opposition to the staff recommendation. dispensaries in the City were unnecessary. He stated two Tamer Elshakhs indicated opposition to the staff recommendation. He stated the location did not benefit the community. He stated the applicant submitted falsified documents to the Council. Devon Davis was not present at the time of the hearing. Adam Gelfand was not present at the time of the hearing. Jaclyn Strong, Mothers of Malibu, indicated opposition to the staff recommendation. She stated the proposed location was neither discreet nor safe. Graham Penniman indicated opposition to the staff recommendation. the location was redundant. He stated Alexander Willems thanked the Council for the recent Holiday Open House event. He indicated opposition to the staff recommendation.

9 Page 9 of 13 Maft denicola discussed Malibu s mission statement. He indicated opposition to the staff recommendation and medical marijuana in Malibu. Estelle Reyna, Mothers of Malibu, indicated opposition to the staff recommendation. Annelise Balfour indicated opposition to the staff recommendation. Jay M. indicated opposition to the staff recommendation. Natalia Iswara indicated opposition to the staff recommendation. Bruce Denberg was not present at the time of the hearing. Yvonne Greene, 99 High Tide, indicated opposition to the staff recommendation. She stated the owner of Malibu Community Collective was unknown. Mr. Martin stated medical marijuana dispensaries located next to liquor stores was not typical. He discussed CEQA. Mr. Schmitz stated the Council had specifically changed the law to allow a medical marijuana facility to be opened in the same retail center as a liquor store. He stated the proposed location was not a magnet for dangerous activities. RECESS Mayor Rosenthal called a recess at 9:30 p.m. The meeting reconvened at 9:37 p.m. with all Councilmembers present. Mayor Pro Tem La Monte indicated opposition to the staff recommendation. He stated the location was detrimental to the health and safety of the City. In response to Mayor Pro Tern La Monte, Mr. Schmitz stated Mr. Braverman was still one of the owners of Malibu Community Collective. Mayor Pro Tern La Monte discussed state regulations. City Attorney Hogin discussed pending state legislation regarding local control over marijuana cultivation and deliveries within the City. She suggested, if the conditional use permit was approved, the Council also impose conditions regulating cultivation and deliveries. Councilmember House stated she did not support medical marijuana within the City and indicated opposition to the staff recommendation. She stated cultivation and deliveries should be addressed in the MMC. In response to Councilmember Peak, City Attorney Hogin stated pending state law changes had no bearing on the decision before the Council. She stated the

10 Page 10 of 13 decision was based on judgement and not math. She stated the requirements of MMC Section (C) should be fulfilled before issuance of a permit. Councilmember Sibert stated the location met the requirements of the MMC. He questioned whether the applicant had fulfilled all of the requirements of MMC Section (C). Mayor Rosenthal thanked the speakers. She stated there was no evidence to support the claim that a dispensary in the proposed location would create additional accidents on PCH. MOTION ITEM 5 Mayor Rosenthal moved and Councilmember Peak seconded a motion to adopt Resolution No denying Appeal No and approving Conditional Use Permit No , an application to permit the operation of a medical marijuana dispensary at an existing commercial building located at Pacific Coast Highway with the additional conditions that no certificate of occupancy shall be issued until all information required by MMC Section has been submitted to the City, that there shall be no cultivation of marijuana or deliveries of marijuana or any product associated with the permitee, and that the Live Scan requirement apply to all owners, operators, and employees of Malibu Community Collective or its successors in interest. The question was called and the motion carried 3-2, Councilmember House and Mayor Pro Tem La Monte dissenting. OLD BUSINESS None. ITEM 6 NEW BUSINESS A. Legacy Park Art Enhancement Plan Recommended Action: At the recommendation of the Cultural Arts Commission, review and provide input on the Legacy Park Art Enhancement Plan and provide direction on the implementation of prioritized enhancement elements. Recreation Manager Crittenden presented the staff report. Craig Hodgetts, Hodgetts and Fung, discussed existing infrastructure, proposed gateway, allée and Country Mart connection art installations, and additional paths, bridges, water features and rest areas. Calvin Abe discussed landscape opportunities. Mr. Hodgetts discussed phased implementation. Margaret Cole was not present at the time of the hearing.

11 Page 11 of 13 Jun Koll, Venice Institute of Contemporary Art, indicated support for the Legacy Park Art Enhancement Plan presented by Hodgetts and Fung. He stated Legacy Park was a place for the arts to be displayed and remembered. Karen Follert discussed the native habitat and stated Legacy Park did not need additional infrastructure and unrelated art installations. Catherine Brickman, Cultural Arts Commission, thanked the Council, City staff and the community. She discussed the addition of art to Legacy Park. Suzanne Zimmer, Cultural Arts Commission, thanked Hodgetts and Fung for its presentation. She stated Legacy Park could be enjoyed more fully. Wendy Asher expressed a desire for an enjoyable park in Malibu. Lynn Dornhelm thanked the Council for considering the project. Legacy Park was not currently drawing the community. She stated Wendy Sidley, Public Works Commission, indicated support for the Legacy Park Art Enhancement Plan. In response to Mayor Rosenthal, Ming Fung stated Phase 1 implementation was the most modest, but the enhancements in each phase could be moved to different phases. Mr. Hodgetts discussed the importance of the natural environment. Mayor Pro Tem La Monte indicated support for the Legacy Park Art Enhancement Plan. Councilmember Sibert stated Legacy Park was underutilized. He indicated support for the Legacy Park Art Enhancement Plan as long as it highlighted wildlife. Councilmember Peak expressed concern regarding flow from the Country Mart and the Lumber Yard into Legacy Park. In response to Councilmember Peak, Recreation Manager Crittenden stated Malibu Country Mart Director of Sustainability Julie Labin had expressed support for connecting Legacy Park to their businesses. Councilmember Peak stated benches and tables would be useful, but trees would suffice for shade. He indicated support for the Legacy Park Art Enhancement Plan. Councilmember House thanked Hodgetts and Fung and the Cultural Arts Commission. She expressed a need for more shade in Legacy Park and indicated support for the Legacy Park Art Enhancement Plan.

12 Page 12 of 13 Mayor Rosenthal stated she would like to see trees next to benches in Legacy Park. She indicated support for the Legacy Park Art Enhancement Plan. City Manager Thorsen thanked Hodgetts and Fung. He discussed access between the Country Mart and Legacy Park. He discussed challenges in receiving approval from the Regional Water Quality Control Board to add additional water features. Recreation Manager Crittenden reiterated the Council s desire to have the art integration on the Country Mart side moved from Phase 3 to Phase 1. Councilmember La Monte expressed a desire to see poetry stones. Councilmember Peak discussed access from the Country Mart to Legacy Park and the need for a budget. Mayor Rosenthal expressed a desire to see the amphitheater cut up into pieces. She stated the matter should go back the Cultural Arts Commission. Recreation Manager Crittenden stated the Cultural Arts Commission would work on identifying potential funding. CONSENSUS By consensus, the Council indicated support for the draft Legacy Park Art Enhancement Plan and directed staff to have the Cultural Arts Commission review a final plan that includes determining project and phasing costs, identifying potential funding options, change the art installations adjacent to the Country Mart corridor from Phase 3 to Phase 1, and work with the Country Mart owner to identify pedestrian connections between Legacy Park and their commercial property. ITEM 7 COUNCIL ITEMS A. Malibu Unified School District Negotiation Committee (Mayor Rosenthal) Recommended Action: At the request of Mayor Rosenthal, select four Malibu community members to be recommended to the Santa Monica-Malibu Unified School District (SMMUSD) Board of Education for appointment to a new committee expected to be established by the Board, which will be tasked with negotiating the terms for splitting SMMUSD into two separate school districts. Mayor Rosenthal presented the item. changed. She stated the recommended action had Craig Foster discussed a potential bi-partisan blue ribbon committee comprised of six persons, three appointed by SMMUSD Superintendent Sandra Lyon and three appointed by City Manager Thorsen.

13 Page 13 of 13 CONSENSUS ADJOURNMENT By consensus, the Council referred to the City Manager selection of community members to be recommended to the Santa Monica-Malibu Unified School District (SMMUSD) Board of Education for appointment to a new committee expected to be established by the Board, which will be tasked with negotiating the terms for splitting SMMUSD into two separate school districts. At 11:12 p.m., Mayor Rosenthal adjourned the meeting. Approved and adopted by the City Council of the City of alibuonjan 25, ATTEST: LAU RA ROSENTHAL, Mayor LISA POPE, CiVy Clerk (seal)