MINUTES MALIBU CITY COUNCIL REGULAR MEETING JANUARY 12, 2015 COUNCIL CHAMBERS 6:30 P.M. CALL TO ORDER Mayor Peak called the meeting to order at 6:32 p.m. ROLL CALL The following persons were recorded in attendance by the Recording Secretary: PRESENT: Mayor Skylar Peak; Mayor Pro Tem John Sibert; and Councilmembers Joan House,Lou La Monte and Laura Rosenthal ALSO PRESENT: Jim Thorsen, City Manager; Christi Hogin, City Attorney; Reva Feldman, Assistant City Manager; Matt Myerhoff, Media Information Officer; Vic Peterson, Environmental Sustainability Director; Craig George, Environmental Sustainability Manager; Bob Stallings, Parks and Recreation Director; Bonnie Blue, Interim Planning Director; Bob Brager,Public Works Director; and Lisa Pope, City Clerk PLEDGE OF ALLEGIANCE Jefferson Wagner led the Pledge of Allegiance. CLOSED SESSION REPORT Public Comment on Closed Session Items None. Conference with Legal Counsel - ~xistin~ litigation pursuant to Government Code Section 54956.9(d)(1): 1.

Trancas-PCH v. City of Malibu Los Angeles County Superior Case No. SC1~91268

Conference with Legal Counsel —Anticipated litigation pursuant to Government Code Section 54956.9(d)(2)s 2.

Number of Cases: 1 Through its counsel Frank Angel, Preserve Malibu threatened to file a lawsuit unless the City took certain actions, including paying his fees

Malibu City Council Minutes of January 12, 2015 Page 2 of 16

City Attorney Hogin reported that Closed Session convened at 6:00 p.m. with all Councilmembers present. She stated the Council discussed both items on the posted agenda and took one reportable action. She stated the Council unanimously voted to waive court costs in exchange for Plaintiff's voluntary dismissal without prejudice of the lawsuit entitled Trancas-PCH v. City of Malibu, Los Angeles County Superior Court Case No. SC091268. She stated no other reportable action was taken and Closed Session adjourned at 6:12 p.m. APPROVAL OF AGENDA MOTION

Mayor'Peak moved and Councilmember Rosenthal seconded a motion to approve the agenda, with Item No. 4.D. heard prior to Item No. 4.A. The motion carried unanimously.

REPORT ON POSTING OF AGENDA City Clerk Pope reported that the agenda for the meeting was properly posted on December 23,2014. ITEM 1 A.

CEREMONIAL/PRESENTATIONS Presentation of Commendations to Malibu High School Varsity Water Polo Team and Coaches in Reco~nnition oftheir CIF Championship Mayor Peak stated the water polo team and coaches would be attending the January 26,2015 Regular pity Council meeting.

B.

City Council Reorganization 1.

Presentations to Outgoing Manor Mayor Pro Tem Sibert, on behalf of the City Council, presented a wave award to Mayor Peak.

2.

Remarks by Outgoin~yor Mayor Peak thanked the Council and community for allowing him to serve as Mayor. He encouraged residents to vote and participate in local government. He thanked his commission appointees.

3. MOTION

Election of Mayor Mayor Peak moved and Councilmember Rosenthal seconded a motion to nominate Mayor Pro Tem Sibert to serve as Mayor. The motion carried unanimously.

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4.

Election of Mavor Pro Tem Councilmember La Monte moved and Councilmember House seconded a motion to nominate Councilmember Rosenthal to serve as Mayor Pro Tem. The motion carried unanimously.

MOTION

5.

Administration of Oath of Office to Newly Elected Mavor and Ma o Tem John Sibert IV administered the Oath of Office to Mayor Sibert. Claudia Zahn administered the Oath of Office to Mayor Pro Tem Rosenthal.

6.

Remarks by Newly Elected Mavor Mayor Sibert commended Councilmember Peak. He stated it was important to continue the work of the previous Mayor. He discussed collaboration with outside agencies, exploring additional land options for community recreation, consolidating elections in even-numbered years, water quality issues, improved gateway signage, regulation of rehabilitation centers in the City, Malibu Lagoon, school safety, upcoming Measure R litigation, and the Bluffs/Charmlee Park swap.

ITEM 2.A.

PUBLIC COMMENTS Jefferson Wagner requested the Council adjourn the meeting in hopes of future penmanship at the local, state and federal level. He stated it was important to remember "Je Suis Charlie." Ted Vaill discussed the Measure R lawsuit and questioned whether City Attorney Hogin was the appropriate attorney to defend the City. He suggested a slap suit against Mr. Soborofffor the litigation costs. Hans Laetz questioned what happened with the Southern California Edison(SEC) pole fire on Winding Way. He suggested the Council hire an electrical engineer to review the system. Alison Miller deferred her time to Andy Lyon. Wendi Dunn deferred her time to Andy Lyon. Andy Lyon congratulated Councilmember Peak on his term as Mayor. He presented photographs of Malibu Lagoon. He discussed the proposed Civic Center Wastewater Treatment Facility.

Malibu City Council Minutes of January 12, 2015 Page 4 of 16

Jacky Tomlinson agreed with Mr. Laetz. She thanked the Council for defending the Measure R lawsuit. ITEM 2.B.

COMMISSION /COMMITTEE /CITY MANAGER UPDATES City Manager Thorsen wished everyone a happy new year.

ITEM 2.C.

SUBCOMMITTEE REPORTS /COUNCIL COMMENTS Councilmember House discussed the importance of freedom of speech. She discussed various events she attended. She indicated support for hiring an electrical engineer to oversee the SCE system. She agreed that the City should defend Measure R. She disagreed with Mr. Vaill's suggestion for a slap suit. Councilmember La Monte discussed recent events he attended. He thanked Councilmember Peak for his service as Mayor. Councilmember Peak thanked staff for assisting him in his role as Mayor. He thanked Kirby and Honore Kotler for the Santa sleigh on Point Duane. He wished everyone a happy new year. Mayor Pro Tem Rosenthal thanked Councilmember Peak. She suggested adjourning in memory of Kelly Longo and victims of terrorism in Nigeria as well. She discussed upcoming meetings she would be attending. She commended Meril May as outgoing President of the Malibu Association of Realtors. She requested SCE provide an update on issues. She encouraged residents to sign up on the City's website for notification regarding power outages. She discussed the project at Agoura Road and Kanan Dume Road. She announced the upcoming Library Speaker Series event on January 21, 2015. She indicated support for the City defending Measure R. Mayor Sibert indicated support for City Attorney Hogin defending the City in the Measure R litigation. He agreed that more transparency from.SCE was necessary. He disagreed with Mr. Lyon and stated he would be happy to sit with him to discuss the proposed treatment facility.

ITEM 3

CONSENT CALENDAR

Item No. 3.B.7. pulled by the public. MOTION

Mayor Pro Tem Rosenthal moved and Mayor Sibert seconded a motion to approve the Consent Calendar, with the exception of Item No. 3.B.7. The motion carried unanimously.

Malibu City Council Minutes of January 12, 2015 Page 5 of 16

The Consent Calendar consisted ofthe following items: A. B.

Previously Discussed Items None. New Items 1. Waive Further Reading Staff recommendation: 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. Approve Warrants 2. Staff recommendation: Allow and approve warrant demand numbers 43015-43309 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. 542 in the amount ofthe warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $3,713,622.47. City of Malibu payroll check numbers 45084513 and ACH deposits were issued in the amount of $327,154.67. Approval of Minutes 3. Staff recommendation: Approve the minutes for the November 24, 2014 Regular City Council meeting. Professional Services Agreement with Solid Waste Solutions, Inc. 4. Staff recommendation: Authorize the City Manager to execute a Professional Services Agreement with Solid Waste Solutions, Inc. for Film Permit Services. Amendment No. 1 to Agreement with Turbo Data Systems 5. Authorize the City Manager to execute StafF recommendation: Amendment No. 1 to the Professional Services Agreement with Turbo Data. Systems for Parking Citation Processing Services. Additional General Fund Grant to Advocates to Malibu Public Schools 6. AMPS Staff recommendation: Authorize an additional General Fund Grant to AMPS in the amount of $6,500. Professional Services Agreement RBF Consulting 8. Staff recommendation: 1) Authorize the City Manager to execute an agreement with RBF Consulting for preparation of a Park Master Plan (Plan) and Environmental Impact Report (EIR) for Malibu Bluffs Parkland; and 2) Appropriate $349,000 from the General Fund Undesignated Reserve for the preparation of the Plan and EIR for Malibu Bluffs Parkland. Amendment No. 1 to Agreement with Oak Tree Construction,Inc. 9. Staff recommendation: Authorize the City Manager to execute Amendment No. 1 to the Public Works Agreement with Oak Tree Construction, Inc. for the Broad Beach Biofiltration Project to modify the scope of work and increase the agreement amount by $866,939.

Malibu City Council Minutes of January 12, 2015 Page 6 of 16

The following item was pulled from the Consent Calendar-for individual consideration: 7.

State Revolving Fund (SRF) Loan Application for the Civic Center Wastewater Treatment Facility(CCWWTF)Project Staff recommendation: 1) Adopt Resolution No. 15-02 authorizing the City Manager to execute documents for the SRF Loan application for the CCWWTF; 2) Adopt Resolution No. 15-03 establishing a dedicated fund for revenues and expenditures associated with the SRF Loan for the CCWWTF; and 3) Adopt Resolution No. 15-04 authorizing the reimbursement offunding from the SRF Loan for the CCWWTF. Assistant City Manager Feldman presented the staff report. She stated Resolution No. 15-04 was not yet ready for Council consideration. Lynn Norton questioned why the local government was applying for a loan for the assessment district. She requested information on the professional services agreement with RBF Consulting. City Manager Thorsen explained that the City was not funding the loan and the loan would be guaranteed by the property owners.

MOTION

Councilmember House moved and Councilmember Peak seconded a motion to: 1) Adopt Resolution No. 15-02 authorizing the City Manager to execute documents for the SRF Loan application for the CCWWTF; and 2) Adopt Resolution No. 15-03 establishing a dedicated fund for revenues and expenditures associated with the SRF Loan for the CCWWTF. In response to Mayor Pro Tem Rosenthal, City Manager Thorsen explained the benefit to the property owners. The question was called and the motion carried unanimously.

ITEM 4 D.

~,

ORDINANCES AND PUBLIC HEARINGS Environmental Impact Report No. 13-001, Local Coastal Program Amendment No. 13-002 Zoning Text Amendment No. 13-008, Zonin~p Amendment No. 13-003 Coastal Development Permit No. 13-057 and Conditional Use Permit No. 13-005 Civic Center Wastewater Treatment Facility Project) Staff recommendation: 1) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 386 approving Local Coastal Program Amendment No. 13-002, Zoning Text Amendment No. 13-008 and Zoning Map Amendment No. 13-003 to establish the Civic Center Wastewater Treatment Facility Institutional Overlay District at 24000 Civic Center Way (Assessor Parcel Numbers 4458-028-006 and -020) and associated development standards, modify permitted and conditionally permitted uses and other related sections in the Local

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Coastal Program Local Implementation Plan, and make corollary zoning text and map amendments to Title 17 of the Malibu Municipal Code and Zoning Map; 2) Adopt Resolution No. 15-OS adopting the findings of fact required by the California Environmental Quality Act, certifying Environmental Impact Report No. 13-001 and Errata. No. 1, adopting the Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations, and approving Coastal Development Permit No. 13-057 and Conditional Use Permit No. 13-005 for Phase One of the Civic Center Wastewater Treatment Facility project, consisting of construction of a new wastewater collection system, a centralized wastewater treatment facility to treat wastewater flows from Phase One Prohibition Area properties, a new recycled water pipeline system to provide nonpotable recycled water for reuse, and ancillary facilities, located at 24000 Civic Center Way in the Commercial Visitor Serving-2 zoning district, Legacy Park in the Commercial Visitor Serving-1 zoning district, Malibu Bluffs Park in the Public Open Space zoning district, and in public and private streets and easements in the Civic Center Area; and 3) Direct staff to schedule second reading and adoption of Ordinance No. 386 for the January 26,2015 Regular City Council meeting. Steve Clary, RMC Water and Environment, presented the staff report, including comments received during public outreach, goals of the project, project phases, general project components, treatment plant site existing conditions, site layout at build-out, water injection, and groundwater modeling. He provided an overview ofEnvironmental Impact Report(EIR)comments and responses, including impact on Lagoon hydraulics and Tidewater Gobi, geotechnical impacts, reasons for the proposed site, what had been done to protect public safety, chemicals to be used, air quality impacts, protection of neighborhood quality, visual aesthetics, and other plants near schools. He summarized the proposed project. Interim Planning Director Blue discussed California Environmental Quality Act (CEQA),entitlements and the final EIR. In response to Mayor Sibert, Mr. Clary stated the water dispersed into the seepage pits was better than Title 22 effluent. Mayor Pro Tem Rosenthal stated the requirements were imposed by the State Water Resources Control Board (SWRCB) and the Regional Water Quality Control Board (RWQCB). In response to Mayor Pro Tem Rosenthal, Mr. Clary discussed potential reuse of water. City Manager Thorsen explained the use of water at Bluffs Park. In response to Mayor Pro Tem Rosenthal, Mr. Clary stated Irvine Ranch already utilized reclaimed water in toilet flushing and landscaping. Mayor Pro Tem Rosenthal stated the ability to reuse water was important. In response to Mayor Pro Tem Rosenthal, Mr. Clary explained the Civic Center groundwater basin and potential use as a municipal drinking supply. He discussed down gradient users. Mayor Pro Tem Rosenthal stated surface spills would not be able to flow offsite.

Malibu City Council Minutes of January 12, 2015 Page 8 of 16

In response to Councilmember House, Mr. Clary stated the existing plant had been there since the 1950s. He stated he had not reviewed the package plant at John Tyler Drive and Pacific Coast Highway. In response to Councilmember Peak, Mr. Clary stated 100% ofthe water could be reused if there was a need. He stated there might be more demand than available water. He discussed potential noise from the treatment plant. He discussed the possibility of undergrounding equipment. Mayor Sibert discussed reuse of water at Pepperdine University. Mr. Clary stated the distribution system for recycled water would have the same collection system as wastewater. In response to Mayor Sibert, Mr. Clary discussed water treatment at Irvine Ranch. Councilmember La Monte discussed reuse of water in San Diego. Terry Kamibayashi, Santa. Monica-Malibu Unified School District (SMMLJSD), stated additional air quality analysis was necessary. He stated the students and staff needed to be protected. He stated soil testing was needed. Sam Unger, California RWQCB, Los Angeles Region Executive Officer, indicated support for certifying the EIR. He discussed the prohibition and the memorandum of understanding (MOU) between the City and the RWQCB. He stated violations ofthe prohibition could and would be enforced. Don Schmitz stated the City had fought a good fight at the SWRCB and RWQCB hearings, but the moratorium was the law. He stated La Paz had been extricated from the moratorium. He stated the centralized system was necessary in the Civic Center. He stated millions of dollars had been spent to design an extraordinary system and it needed to be built. He indicated support for the EIR. Andy Lyon stated core sampling should be done .before the property was purchased. He stated there was no proof that the Civic Center properties were polluting the Lagoon. He stated the Council was supposed to protect and preserve the community, not the project. He stated the law and the.science were not right. Dylan Gasperik, Surfrider Foundation West Los Angeles/Malibu,thanked the City for its leadership in developing the project. He urged the City to move forward as quickly as possible to implement the project. He reminded the Council of its legal and ethical obligation to move forward with the project. Iby Rouse deferred his time to Steve Bobzin.

Lejade deferred his time to Steve Bobzin. Karie Bobzin deferred her time to Steve Bobzin. Teri Carcano deferred her time to Steve Bobzin. Cheryl Kramer deferred her time to Steve Bobzin. Kathy Kaloper deferred her time to Steve Bobzin. Hannah Kaloper deferred her time to Steve Bobzin. Carmen Shain deferred her time to Steve Bobzin. Karen Verham deferred her time to Steve Bobzin. Caroline Betsch deferred her time to Steve Bobzin. Shelly O'Connor deferred her time to Steve Bobzin. Callie Randall deferred her time to Steve Bobzin. Dolores Gillhary deferred her time to Steve Bobzin. Steve Bobzin stated he was a resident, parent of students at Webster Elementary School and chemistry professor at California State University, Channel Islands. He stated he was representing Toscana, Maison De Ville, and Vista Pacifica Homeowners Associations, Malibu Canyon Village, Webster Elementary School Parent Teacher Association (PTA), and Malibu Unites. He presented a petition. He stated he was opposed to the project in its current location due to health and safety issues related to contaminated soil, storage and use of hazardous chemicals, and diesel ea~haust during construction and operation, which would affect 400 elementary students, 100 school staff, and 400 residents in the 200 nearby condos and townhomes. He discussed chemical use at the dry cleaner. He stated soil testing was necessary. He recommended the Council not approve the EIR. He urged the Council to require soil testing and reevaluate the siting decisions. Ryan Shain expressed concern about soil contamination. Susan Samarge-Powell deferred her time to Terry Kamibayashi. Mr. Kamibayashi discussed construction noise mitigation.

Malibu City Council Minutes of January 12, 2015 Page 10 of 16

Matt deNicola deferred his time to Wendi Dunn. Wendi Dunn expressed concern about soil contaminants. opposition to well injection.

She indicated

Ryan Embree stated the condominiums did not belong in the prohibition. He suggested considering an alternative location. Norm Haynie stated he was an advocate of onsite wastewater treatment. He stated the requirement for a centralized wastewater treatment facility was based on bad science. He indicated support for the EIR. He stated 60% of potable water in Malibu was used for irrigation and the plant would help reduce that amount. He asked how the value of homes at Serra Retreat would be affected if the treatment plant was not built. Sarah Sikich, Vice President for Heal the Bay, urged the Council to approve the project. Tatiana Gaur, Senior Attorney with Los Angeles Waterkeeper, indicated support for the certification of the final EIR. She discussed deadlines in the MOU. She commended staff for its work. She urged the Council to certify the final EIR and proceed with construction. Sonya Perl, PTA Co-President at Webster Elementary, expressed concern about the proposed location near the school. She discussed accidents at treatment facilities. Lori Keefe, PTA Co-President at Webster Elementary, stated the children were at a significant risk. She stated the plant needed to be at least a quarter of a mile away from a school site. She suggested the treatment facility be at a different location. Ms. Perl stated no expense should be spared to ensure the children were protected. Ms. Keefe stated the future ofthe City and children should be considered. Alix Hobbs, President of Heal the Bay, stated the wastewater treatment facility needed to be constructed as soon as possible. She stated Heal the Bay supported the concept of the project and certification of the final EIR, coastal development permit (CDP), local coastal program amendment (LCPA), and zoning text amendment(ZTA). Peter Shellenbager stressed the importance of the project. He urged the Council to certify the final EIR. He stated water quality depended on septic system removal in the Civic Center.

Malibu City Council Minutes of January 12, 2015 Page 11 of 16

Katherine Pease, Heal the Bay, requested the Council certify the final EIR to restore water quality. She discussed pollutants in the Malibu Creek Watershed. She stated water quality needed to improve. She urged the Council to adopt the final EIR. Dave Oran was not.present at the time ofthe hearing. Melissa Stein deferred her time to Jennifer deNicola. Jennifer deNicola stated it was necessary to proceed with caution when it came to children. She expressed concerns about accidents and emergency planning. She suggested ongoing soil analysis prior to and during construction. Raffi Acopian discussed hazards with wastewater treatment facilities. expressed concern about the proposed location near the school.

He

Wendy,Jade, and Cooper Sweemer were not present at the time ofthe hearing. Jefferson Wagner discussed use of the Adamson House for topical distribution. He stated the cemetery could also be used. Jacky Tomlinson stated residents did not support the project. She questioned the requirement for installation of a water treatment facility. She asked if the system could provide drinking water. Mr. Clary stated additional steps were needed for drinking water. He stated the proposed system was about 50% ofthe process. Ali Johnson requested to speak after the hearing started. Jeff Kletter requested to speak after the hearing started. In response to Mayor Pro Tem Rosenthal, Mr. Bobzin explained his statement regarding soil contamination due to the dry cleaner. Mayor Pro Tem Rosenthal questioned the potential for accident and chemical clouds and whether hazardous chemicals were stored in the existing plants. Mr. Clary stated the City would conduct soil testing prior to construction. City Manager Thorsen stated soil remediation would be born upon the seller. He stated geoprobing would be conducted. Mr. Clary explained delivery and use of chemicals. He discussed practices to prevent accidents and precautions to prevent gas clouds.

Malibu City Council Minutes of January 12, 2015 Page 12 of 16

City Manager Thorsen discussed the incident in Santa Paula which was not a municipal run wastewater treatment plant. Mr. Clary discussed chemicals at the existing site. Councilmember La Monte stated the entire Council tried to fight the prohibition. He discussed studies indicating there was no human fecal matter in Malibu Creek and Lagoon. In response to Councilmember La Monte, Mr. Unger explained enforcement of water quality violations. He stated the statute allowed for cease and desist orders at a maximum of$10,000 per day. City Attorney Hogin explained that the RWQCB enforcement mechanism was against each individual property owner. She stated the MOU between the City and the RWQCB was the City's collective solution. Councilmember La Monte suggested residents read Small Town Perfect Storm, The Los Osos Sewer Saga. Councilmember Peak suggested adding mitigation measures for SMMUSD. In response to Councilmember Peak, City Manager Thorsen stated volatile organic compounds(VOCs)were treatable and mitigatable. Mayor Sibert discussed soil mitigation. Dr. Laton discussed well monitoring and soil sampling. He stated soil contamination and cleanup was routine. He suggested sampling prior to purchase. Mayor Pro Tem Rosenthal stated the speakers had expressed concern about where to locate the facility. She stated other locations were not feasible. She stated the School District concerns needed to be considered. Councilmember Peak stated the proposed location was the only viable location. Mr. Bobzin stated the facility location did not matter if the water was pumped to Malibu Road. City Manager Thorsen discussed consideration of other locations. He stated the injection wells flowed into the ocean. He stated the proposed site provided the necessary percolation. Janece Maez, SMMLTSD Associate Superintendent, requested a health risk assessment during operation. City Attorney Hogin stated a health risk assessment was a term of art in the Education Code, but the Council was under no obligation to agree to the request. She stated the EIR indicated there were not impacts to be mitigated.

Malibu City Council Minutes of January 12, 2015 Page 13 of 16

Stan Barankiewicz, SMMUSD Counsel, referred to Education Code Section 17213 and Title 5, California Code of Regulations Section 14011H. He explained health risk assessment for hazardous air emissions. Councilmember Peak suggested establishing an air quality baseline and determining operational quality. Mr. Unger discussed the benefits of a health risk assessment. City Attorney Hogin stated the City's experts had analyzed the property and project and determined that there was not anticipated impact. City Manager Thorsen suggested an air quality sampling for VOCs before and after operation. In response to Councilmember Peak, City Attorney Hogin suggested directing staff to work with SMMUSD and Our Lady of Malibu(OLM)on an evacuation plan. Councilmember Peak suggested ensuring the facility was not susceptible to wildfires. Mr. Clary stated plant and material selection had been reviewed by the Fire Department. MOTION

Councilmember Peak moved and Mayor Sibert seconded a motion to: 1)introduce on first reading Ordinance No. 386 approving Local Coastal Program Amendment No. 13-002, Zoning Text Amendment No. 13-008 and Zoning Map Amendment No. 13-003 to establish the Civic Center Wastewater Treatment Facility Institutional Overlay District at 24000 Civic Center Way (Assessor Parcel Numbers 4458-028-006 and -020) and associated development standards, modify permitted and conditionally permitted uses and other related sections in the Local Coastal Program Local Implementation Plan, and make corollary zoning text and map amendments to Title 17 of the Malibu Municipal Code and Zoning Map; 2) Adopt Resolution No. 15-05, as amended to require the following additional conditions: 1) limit pipeline work to winter break, spring break, and summer break; 2) require additional testing of soils on an ongoing basis; 3) require noise mediation and testing for generators done during non-school hours; 4)require air quality sampling for VOCs before and after operation; 5)remove eucalyptus trees; and 6) direct staff to work with SMMUSD and OLM on an evacuation plan, adopting the findings of fact required by the California Environmental Quality Act, certifying Environmental Impact Report No. 13-001 and Errata. No. 1, adopting the Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations, and approving Coastal Development Permit No. 13457 and Conditional Use Permit No. 13-005 for Phase One of the Civic Center Wastewater Treatment Facility project, consisting of construction of a new

Malibu City Council Minutes of January 12, 2015 Page 14 of 16

wastewater collection system, a centralized wastewater treatment facility to treat wastewater flows from Phase Qne Prohibition Area properties, a new recycled water pipeline system to provide nonpotable recycled water for reuse, and ancillary facilities, located at 24000 Civic Center Way in the Commercial Visitor Serving-2 zoning district, Legacy Park in the Commercial Visitor Serving-1 zoning district, Malibu Bluffs Park in the Public Open Space zoning district, and in public and private streets and easements in the Civic Center Area; and 3) Direct staff to schedule second reading and adoption of Ordinance No. 386 for the January 26, 2015 Regular City Council meeting. The question was called and the motion carried unanimously. A.

Second Reading and Adoption of Ordinance No. 384 Staff recommendation: Conduct second reading, unless waived, and adopt Ordinance No. 384 repealing Ordinance No. 376, which defined and imposed restrictions on formula retail in the Civic Center. City Attorney Hogin presented the staff report.

MOTION

Mayor Pro Tem Rosenthal moved and Councilmember La Monte seconded a motion to adopt Ordinance No. 384 repealing Ordinance No. 376, which defined and imposed restrictions on formula retail in the Civic Center. The question was called and the motion carried unanimously.

B.

Updated Developer Fee Program for the Benefit of the Consolidated Fire Protection District ofLos Angeles County Staff recommendation: Adopt Resolution No. 15-01, adopting the updated developer fee and fire station plan for the benefit of the Consolidated Fire Protection District of Los Angeles County and rescinding Resolution No. 14-01. Environmental Sustainability Director Peterson presented the staff report.

MOTION

Mayor Pro Tem Rosenthal moved and Councilmember Peak seconded a motion to adopt Resolution No. 15-01, adopting the updated developer fee and fire station plan for the benefit of the Consolidated Fire Protection District of Los Angeles County and rescinding Resolution No. 14-01. The motion carried unanimously.

C.

Prohibition and Consultation Protection Zones Staff recommendation: 1) After the City Attorney reads the title, introduce on first reading Ordinance No. 385, creating a Prohibition Zone and a Consultation Zone to protect the City's recycled water injection wells serving the Civic Center Wastewater Treatment Facility; and 2) direct staff to schedule second reading and adoption of Ordinance No. 385 for the January 26, 2015 Regular City Council meeting.

Malibu City Council Minutes of January 12, 2015 Page 15 of 16

Environmental Sustainability Manager George presented the staff report. Ryan Embree stated the Winter Canyon Basin should not be included in the prohibition zone. He stated the ordinance stepped on the toes of regulation of the State Water Resources Control Board and RWQCB. Environmental Sustainability Manager George stated Winter Canyon was in the consultation zone. He explained the prohibition zone. Mayor Sibert discussed hydrology showing where the water flowed. MOTION

Mayor Pro Tem Rosenthal moved and Councilmember La Monte seconded a motion to: 1) introduce on first reading Ordinance No. 385 an ordinance of the City of Malibu adding chapter 9.21 (groundwater extraction wells) to the Malibu Municipal Code to create a Prohibition Zone prohibiting the installation of groundwater extraction wells around the Civic Center Wastewater Treatment Facility injection well locations and creating a Consultation Zone for the installation of groundwater extraction wells within the Malibu Va11ey and Winter Canyon groundwater basins; and 2) direct staff to schedule second reading and adoption of Ordinance No. 385 for the January 26, 2015 Regular City Council meeting. The motion carried unanimously.

ITEM 5

OLD BUSINESS None.

ITEM 6

NEW BUSINESS None.

ITEM 7

COUNCIL ITEMS None.

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ADJOURNMENT At 11:00 p.m. Mayor Pro Tem Rosenthal moved and Councilmember La Monte seconded a motion to adjourn the meeting in the memory of Kelly Longo, terrorism victims in Nigeria, terrorism victims in France, and Beverly Gosnell. The motion carried unanimously. Approved and adopted by the City Council of the City of M~li~u on February 9, 2015.

Mayor ATTEST:

LI A POPE,City C rk (seal)