MINUTES MALIBU CITY COUNCIL REGULAR MEETING FEBRUARY 13, 2017 COUNCIL CHAMBERS 6:30 P.M.

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1 MINUTES MALIBU CITY COUNCIL REGULAR MEETING FEBRUARY 13, 2017 COUNCIL CHAMBERS 6:30 P.M. CALL TO ORDER ROLL CALL Mayor La Monte called the meeting to order at 6:39 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 ALSO PRESENT: Christi Hogin, City Attorney; Reva Feldman, City Manager; Lisa Soghor, Assistant City Manager; Heather Glaser, City Clerk; Bonnie Blue, Planning Director; Bob Brager, Public Works Director; Mail Myerhoff, Media Information Officer; Jacky Casey, Deputy City Clerk; Andrew Sheldon, Environmental Sustainability Manager; Jasch Janowicz, Contract Planner; and Kristin Riesgo, Recreation Manager PLEDGE OF ALLEGIANCE Llyod Ahern led the Pledge of Allegiance. PUBLIC COMMENT ON CLOSED SESSION Frank Angel discussed Malibu Township Council (MTC) v. City of Malibu. He stated City Attorney Hogin had requested a settlement amount. He stated MTC had not filed the lawsuit for money and that it was unethical for him to discuss a settlement fee with City Attorney Hogin. He discussed his effort to explore the new Council s willingness to rescind the previous Council s decision to swap Charmlee Wilderness Park and Bluffs Park. The following items were listed on the Closed Session agenda: Real Property Negotiation Matters pursuant to Government Code Section : 1. Property Address: Stuart Ranch Road (APN: ) City Negotiator: City Manager Feldman Property Negotiator: Ed Matevosian and Natalie Aghaei Under Negotiation: Price and terms of payment

2 Page 2 of Property Address: Pacific Coast Highway (APN: ) City Negotiator: City Manager Feldman or Designee Property Negotiator: Shen Shulz Under Negotiation: Price and terms of payment Conference with Legal Counsel Existing litigation pursuant to Government Code Section (d~(1): 3. Malibu Township Council v. City of Malibu Los Angeles County Superior Court Case No. BS Personnel Matters pursuant to Government Code Section Public Employee Performance Evaluation Title: City Manager Case No. B CLOSED SESSION REPORT City Attorney Hogin reported that the regular meeting convened at 5:00 p.m. at which time the City Council recessed to a Closed Session pursuant to Government Code Sections , (d)(1), and with all Councilmembers present. She stated the Council discussed each of the items listed on the Closed Session agenda and took no reportable action. APPROVAL OF AGENDA MOTION Councilmember Rosenthal moved and Councilmember Mullen seconded a motion to approve the agenda and adjourn in memory of Iraj Kahenzadeh. The motion carried unanimously. REPORT ON POSTING OF AGENDA City Clerk Glaser reported that the agenda for the meeting was properly posted on February 3, ITEM 1 CEREMONIAL/PRESENTATIONS None. ITEM 2.A. PUBLIC COMMENTS Ben Drati introduced himself as the new Santa Monica-Malibu Unified School District (SMMUSD) Superintendent.

3 Page 3 of 13 Dave Rydman, Los Angeles County Waterworks District 29 Area Engineer, stated conservation in the City of Malibu for the month of January was 36%. Shari Latta discussed the introduction of SMMUSD preschools. Craig Foster, SMMUSD Board Member, stated Dr. Drati would meet with preschool directors and City Manager Feldman to obtain more information. Marc Gurvitz questioned why the Big Clay sculpture was still installed on the Bell s property. Judy Villablanca discussed a recent Zoning Ordinance Revision and Code Enforcement Subcommittee (ZORACES) meeting at which a zone text amendment to add provisions for display of art on residential property was discussed. She expressed concern over the seemingly preferential treatment of private art over public art. Meril May discussed public safety. Coast Highway (PCH). He expressed concern over safety on Pacific Denny Melle deferred his time to Marshall Thompson. Marshall Thompson expressed concern for continuation of the farmers market in the City. He stated he was in favor of Santa Monica College, but stated the farmers market was essential to the community. Dennis Robert Smith expressed concern for banning plastic-based sandbags and stated burlap bags were not structurally sound. Norm Haynie discussed zoning changes at the corner of Tuna Canyon and PCH. He indicated support for increasing the salary of planners and other City staff members five to 10 percent in order to improve retention. Jonathan Kaye stated allowing zoning variances and exceptions did not follow the vision and mission statements of Malibu. Debra Bianco deferred her time to Remy O Neill. Kian Schulman deferred her time to Remy O Neill. Patt Healy deferred her time to Remy O Neill. Remy O Neill expressed concern for the continuation of the Farmers market in the City.

4 Page 4 of 13 Joel Schulman, on behalf of Carol Moss, stated Santa Monica College did not want to disrupt the Farmers market. Phyllis Hayashibara discussed Japanese internment camps. She invited the Council to join with the Santa Monica City Council, Los Angeles City Council, Los Angeles County Board of Supervisors, and various other public entities and citizens to support the Venice Japanese/American Memorial Monument. In response to Mayor La Monte, Ms. Hayashibara discussed the engraving process. Arnold Maeda requested the Council contribute to the Venice Japanese/American Memorial Monument in opposition of prejudice. ITEM 2.B. COMMISSION I COMMITTEE I CITY MANAGER UPDATES City Manager Feldman announced a US Army Corps of Engineers public hearing regarding the Rindge Dam Draft Integrated Feasibility Study that would be held on March 1, 2017, at Las Virgenes Municipal Water District. She stated she attended the February 2, 2017 Regional Water Quality Control Board (RWQCB) meeting at which the Memorandum of Understanding (MOU) amendment extending the dates for completion of Phase 1 of the Civic Center Wastewater Treatment Facility (CCWTF) project was approved. She stated Caltrans would be installing 400 signs along PCH. ITEM 2.C. SUBCOMMITTEE REPORTS I COUNCIL COMMENTS CONSENSUS CONSENSUS By consensus, the Council directed staff to bring back an item to consider contributing to the Venice Japanese/American Memorial Monument. Councilmember Rosenthal thanked Dr. Drati for introducing himself to the Council. She discussed an upcoming study session regarding the agreement for SMMUSD separation. She thanked Ms. Latta for her comments. She expressed concern for the viability of local preschools and stated she met with the outgoing and incoming principals at Juan Cabrillo Elementary School regarding safety issues on Morning View Drive. By consensus, the Council directed the Public Safety Commission to add to its work plan consideration of flashing signs on Morning View Drive at Juan Cabrillo Elementary School. Councilmember Rosenthal stated she went to a Southern California Association of Governments meeting. She announced the next Library Speaker Series event on February 15, 2017, a Malibu Unification Negotiations Committee meeting on

5 Page 5 of 13 February 16, 2017, a Zuma Beach Cleanup day on February 18, 2017, and a Los Angeles County Measure H forum on February 23, 2017, at City Hall. She thanked City Manager Feldman for her work with Caltrans. In response to Councilmember Rosenthal, Planning Director Blue provided an update regarding Big Clay. She stated the City Prosecutor s Office was working to get the criminal case filed in court. She stated the Bells had submitted a revised zoning text amendment, which would go to the Planning Commission after staff review. Councilmember Rosenthal stated she had received a reusable plastic bag from a resident, which was being provided by Ralphs. She stated that while the bag conformed to the Malibu Municipal Code, its makeup was deceptive. Mayor Pro Tern Peak announced the next ZORACES meeting on February 28, He discussed Ms. Latta s comments. He thanked Dr. Drati for introducing himself to the Council. He thanked Mr. May for his support of the Council and the community. Councilmember Mullen discussed Malibu Methodist Preschool and thanked Mr. Foster and Ms. Latta for their comments. Councilmember Wagner discussed the proposed ban on plastic-based sandbags. He thanked Mr. Kaye and Mr. Schulman. In response to Mayor La Monte, City Manager Feldman discussed the efforts of Los Angeles County, Santa Monica College, and the City to accommodate the Farmers market. She stated the County was able to provide a smaller area to the Farmers market, and Cornucopia had been advised to find additional parking for the event. Mayor La Monte stated he attended seminars provided by the Independent Cities Association. He stated he attended a Liability Trust Fund meeting, a California Contract Cities Association Executive Board meeting, and the RWQCB meeting at which the MOU extension for Phase 1 of the CCWTF project was approved. He stated he attended a meeting of the Los Angeles County Commission on Alcohol and Other Drugs at which the regulation of sober living facilities was made the Commission s first priority. He stated he attended the AB 1234 ethics training session with the City Attorney, and stated he participated as a judge at the Boys and Girls Club Youth of the Year competition. ITEM 3 CONSENT CALENDAR Item No. 3.B.5. was pulled by the Council.

6 Page 6 of 13 MOTION Councilmember Rosenthal moved and Mayor Pro Tem Peak seconded a motion to approve the Consent Calendar, except for Item No. 3.B.5. The motion carried unanimously. The Consent Calendar consisted of the following items: A. Previously Discussed Items 1. Second Reading and Adoption of Ordinance No. 414 Recommended Action: Conduct second reading, unless waived, and adopt Ordinance No. 414 adding Chapter to the Malibu Municipal Code and establishing requirements for building sanitary sewer lateral connections to the Civic Center Wastewater Treatment Facility. 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. 588 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $4,046, City of Malibu payroll check numbers and ACH deposits were issued in the amount of $167, Approval of Minutes Recommended Action: Approve the minutes for the January 11, 2017 Adjourned Regular City Council meeting. 4. Amendment to Agreement with Questa Engineering Corp. Recommended Action: Authorize the City Manager to execute Amendment No. 1 to Professional Services Agreement with Questa Engineering Corp., for the Local Agency Management Plan (LAMP), extending the term of the agreement through June 30, Issuance Report: Emergency Coastal Development Permits Recommended Action: Receive and file the report of emergency coastal development permits that were issued since the last report provided on April 13, Amendment to Agreement with Xanadu Service System Recommended Action: Authorize the City Manager to execute Amendment No. 1 to Professional Services Agreement with Xanadu Service System to extend the term of the Agreement until February 28, 2018.

7 Page 7 of 13 The following item was pulled from the Consent Calendar for individual consideration: 5. Professional Services Agreement with Rincon Consultants, Inc. Recommended Action: Authorize the City Manager to execute a Professional Services Agreement with Rincon Consultants, Inc. for asneeded environmental consulting services for the City s biofilters water quality monitoring program. In response to Mayor Pro Tem Peak, City Manager Feldman discussed the budget code used for the proposed Professional Services Agreement and stated it would be clarified in the upcoming budget cycle. MOTION ITEM 4 Mayor Pro Tern Peak moved and Councilmember Rosenthal seconded a motion to authorize the City Manager to execute a Professional Services Agreement with Rincon Consultants, Inc. for as-needed environmental consulting services for the City s biofilters water quality monitoring program. The motion carried unanimously. ORDINANCES AND PUBLIC HEARINGS A. Appeal No Appeal of Planning Commission Resolution No (Appellant: Chris and Christy Farrar: Applicant: Burdge and Associates Architects: Property Owner: Wildlife II, LLC: Appeal Filed: December 1, 2016: Application Filed: October 18, 2016: Location: 6847 Wildlife Road, within the appealable coastal zone: APN: : Zoning: Rural Residential - One Acre (RR- 1)) Recommended Action: Adopt Resolution No , determining the project is categorically exempt from the California Environmental Quality Act, and denying Appeal No and approving Coastal Development Permit Amendment No amending Coastal Development Permit No , Site Plan Review No , and Minor Modification No a second time to revise the rear yard grading design, relocate the pooi and construct an uncovered and unenclosed pool trellis, and construct a bocci ball court, retaining walls, and landscaping in the Rural Residential-One Acre zoning district located at 6847 Wildlife Road. City Attorney Hogin discussed a letter dated February 8, 2017, from Richard Zeilenga, Counsel for Mr. Sperber, raising the question of whether Councilmember Wagner was qualified to participate in the hearing. She stated the letter referenced the last hearing on the matter on September 26, 2016, before Councilmember Wagner s election to office, at which time he was observed to be conferring with the appellants and used his public comment time to suggest that the project revert back to the original plan. In response to City Attorney Hogin, Councilmember Wagner stated he had not previously advised the Farrars and would be fair and impartial in the hearing.

8 Page 8 ofl3 Contract Planner Janowicz presented the staff report. Chris Farrar stated they were only interested in the project being built on the natural grade. He stated the project did not meet the code. He discussed previous iterations of the project Don Schmitz, on behalf of the property owner, discussed the finished grade and proposed fencing for privacy. He stated the rear yard could not be viewed by any public viewpoint. He discussed the history of the project proposals. Christian Conrad stated he had been building in Malibu for many years. He stated Mr. Farrar had previously imported unpermitted soil to his property. Emily Reeder indicated support for the staff recommendation. Damon Fisher indicated support for the staff recommendation. Carolyn Dimer discussed the history of the homes on Wildlife Road. indicated support for the staff recommendation. She Nathan Jones indicated support for the staff recommendation. Vicki Levin expressed concern about the number of appeals that were allowed by the Farrars. Mr. Farrar discussed concern over flooding on his property and sediment runoff from the Sperber property. Frank Angel, on behalf of the Farrars, stated Mr. Sperber had promised a water pollution prevention plan, which had not been provided. He questioned why the applicant had not left the property at its natural grade. Mr. Schmitz stated there would be no impacts to the neighbor s property or the drainage course once the project was complete. In response to Councilmember Rosenthal, Planning Director Blue stated there were two circumstances under which applicants would change their project: 1) substantial conformance determination for minor changes to a project; and 2) when the changes were more substantial and went beyond the original project scope. She stated it was common for applicants to change their project after initial approval. In response to Councilmember Mullen, Planning Director Blue stated the substantial conformance review had been altered to ensure the process was more carefully handled.

9 Page 9 of 13 Mayor Pro Tern Peak disclosed he had visited both properties and met with the Mr. Schmitz and Mr. Sperber. He stated there was a substantial amount of erosion coming off the Sperber property. Planning Director Blue stated erosion on the Sperber property had not previously been brought to her attention. Mayor Pro Tern Peak stated erosion control should be addressed on every construction project in the City. Councilmember Wagner disclosed he had met with Mr. Farrar and Mr. Angel. In response to City Attorney Hogin, Councilmember Wagner stated he had not discovered anything new about the project that was not outlined in the staff report. He stated erosion corning off the Sperber property needed to be addressed. In response to Councilrnernber Wagner, City Attorney Hogin discussed the lawsuit filed against the City by Mr. Sperber. Mr. Farrar stated he had not placed any fill on his property. In response to Councilrnernber Rosenthal and Mayor Pro Tern Peak, Mr. Conrad stated no fill had been added to the Sperber s property. Councilmember Mullen disclosed he had met with Mr. Schmitz and Mr. Farrar, and stated he never got an answer from Mr. Schmitz regarding the initial reason for the project elevation change. He discussed the development standards of the Local Implementation Plan. In response to Councilmember Mullen, Mr. Schmitz stated the original elevation did not allow for the pool and bocci ball court. Contract Planner Janowicz discussed the previously approved elevations throughout the neighborhood. In response to Mayor Pro Tern Peak, Mr. Schmitz stated an elevation of 102 feet would be an acceptable change. Mr. Farrar stated the retaining wall at the rear of the project was projected at 6.5 feet above the original grade. He questioned the continuous level of the grade. Mayor Pro Tern Peak suggested a two-foot step down after the end of the pool. Mr. Angel stated there was no compelling need to raise the elevation. Councilmember Mullen stated the original elevation should be retained. Councilmember Wagner stated the cumulative impact of the project needed to be addressed and the fill on the project did not fit with the site.

10 Page 10 of 13 In response to Councilmember Rosenthal, Planning Director Blue stated the project site had always been higher than the Farrars property. In response to Mayor Pro Tern Peak, Mr. Sperber stated he had bent over backwards to make the project work. He offered to lower the back property line corner 1.5 feet and gently slope it naturally. MOTION Mayor Pro Tern Peak moved and Councilmember Rosenthal seconded a motion to adopt Resolution No , dropping the elevation pool area to 102 feet and the bocci ball court to 101 feet to the southeast corner and sloping to the natural elevation, removing the retaining wall, and determining the project is categorically exempt from the California Environmental Quality Act, and denying Appeal No and approving Coastal Development Permit Amendment No amending Coastal Development Permit No , Site Plan Review No , and Minor Modification No a second time to revise the rear yard grading design, relocate the pool and construct an uncovered and unenclosed pool trellis, and construct a bocci ball court, retaining walls, and landscaping in the Rural Residential-One Acre zoning district located at 6847 Wildlife Road. Mr. Farrar stated his property was not eight feet below the Sperber property. RECESS Mayor La Monte called a recess at 9:41 p.m. The meeting reconvened at 9:51 p.m. with all Councilmembers present. Mr. Farrar stated the project should go back to its original approval. Mr. Schmitz discussed the licensed survey and preexisting elevation difference. Mayor Pro Tern Peak rescinded his motion. Councilmember Wagner suggested removal of 300 cubic yards of fill from the project. Mr. Schmitz stated all of the fill to the south near the gully would be removed per the Planning Commission s approval. Mayor Pro Tern Peak suggested an elevation of 102 feet at the pool to the natural grade moving toward the Farrar s property with two three-foot retaining walls down to the natural grade. MOTION Mayor Pro Tern Peak moved and Councilmember Rosenthal seconded a motion to adopt Resolution No , as amended, determining the project is categorically exempt from the California Environmental Quality Act, denying Appeal No and approving Coastal Development Permit Amendment No amending Coastal Development Permit No , Site Plan Review No and Minor Modification No , and Demolition Permit No a second

11 Page 11 of 13 time to revise the rear yard grading design, relocate the pooi and construct an uncovered and unenclosed pool trellis, retaining walls and landscaping, with a condition to revise the rear yard design southwest of the four palm trees to have a finished surface elevation no higher than 102 feet, with graded slopes and walls that descend from the pooi area to the southeast and southwest as follows: the long edge of the former bocci ball court adjacent to the pooi shall be regraded to create a cut slope descending from 102 feet to natural grade at the southeast property line; a combination of two approximately three-foot high retaining walls shall be constructed at the southwestern (short edge) of the yard five feet behind the pool trellis to establish a finish grade of 96 feet immediately at the toe of the retaining walls, followed by a descending slope that intersects with the natural grade; and all retaining walls shall be screened with landscaping in substantial conformance with the January 11, 2017 landscaping plans, in the Rural Residential-One Acre Zoning District located at 6847 Wildlife Road (Wildlife II, LLC). Councilmember Wagner stated a few hundred cubic yards of soil needed to be removed. In response to Mayor Pro Tem Peak, Contract Planner Janowicz stated the proposed project was 228 cubic yards less than the November 2016 Planning Commission approval. The question was called and the motion carried 3-2, Councilmembers Mullen and Wagner dissenting. ITEM 5 OLD BUSINESS A. Trancas Field Community Outreach Recommended Action: 1) Review the Trancas Field community outreach results for suggestions of potential uses of the 35-acre parcel located at Pacific Coast Highway and Trancas; and 2) Provide direction to staff regarding potential use of the property. Kian Schulman stated she was in favor of maintaining Trancas Field as open space. Relche Murthy was not present at the time of the hearing. Joanne Verbon indicated support for building a skate park at Trancas Park. Marianne Riggins indicated support for holding off on restricting use at Trancas Field until Bluffs Park use is settled. She indicated support for a community garden at Trancas Field. Leslie Meli deferred her time to Nadine Cain.

12 Page 12 of 13 Annie Yih deferred her time to Nadine Cain. Nadine Cain indicated support for preserving Trancas Field as open space. Charlotte Frieze Jones, Malibu Open Space Alliance, indicated support for preserving Trancas Field as open space. Jonathan Kaye declined to speak. Pam Eilerson declined to speak. Remy O Neill discussed preserving natural, unaltered resources. support for keeping Trancas Field as open space. She indicated Part Healy, Malibu Coalition for Slow Growth, indicated support for preserving Trancas Field as open space. Joel Schulman indicated support for preserving Trancas Field as open space. CONSENSUS By consensus, the Council continued Item No. 5.A. ITEM 6 NEW BUSINESS None. ITEM 7 COUNCIL ITEMS A. Appointment to the Planning Commission Recommended Action: Mayor La Monte to make his appointment to the Planning Commission. Mayor La Monte thanked former Planning Commissioner Roohi Stack for her service to the City. Mayor La Monte appointed Jeffrey Jennings to the Planning Commission. B. Support for Measure H Los Angeles County Plan to Prevent and Combat Homelessness (Councilmember Rosenthal) Recommended Action: At the request of Councilmember Rosenthal, authorize the Mayor to send a letter to the Los Angeles County Board of Supervisors in support of Measure H, the Los Angeles County Plan to Prevent and Combat Homelessness, and urge Malibu residents to vote Yes on Measure H, which will be on the March 7, 2017 ballot. Councilmember Rosenthal discussed Measure H.

13 Page 13 of 13 MOTION Councilmember Rosenthal moved and Mayor Pro Tem Peak seconded a motion to authorize the Mayor to send a letter to the Los Angeles County Board of Supervisors in support of Measure H, the Los Angeles County Plan to Prevent and Combat Homelessness, and urge Malibu residents to vote Yes on Measure H, which will be on the March 7, 2017 ballot. The motion carried unanimously. ADJOURNMENT At 11:01 p.m., Mayor La Monte adjourned the meeting in memory of Iraj Kahenzadeh. Approved and adopted by the City Council of the City of Malib on March 13, ATTEST: LOU L A MONTE, Mayor HEA1*~{ERGLASEçity Clerk