CLOSED SESSION AGENDA
SPECIAL MEETING OF THE
AGOURA HILLS CITY COUNCIL
Civic Center – City Manager’s Conference Room
30001 Ladyface Court, Agoura Hills, California 91301
Wednesday, October 23, 2024
5:00 p.m.
Please silence all cell phones and other electronic devices during the meeting.
Special Notice: this meeting will be opened in the Council Chambers for public comment and the City Council will then recess to the City Manager’s Conference Room for the Closed Session.
ATTEND OR WATCH THE MEETING
For in-person attendance, Council Chamber doors will open to the public at 4:30 p.m. To watch the live stream or archive of this meeting on YouTube, enter “Agoura Hills City Council” and click on the date of the meeting. To watch the live stream or archive of this meeting on the City’s website, go to agourahillscity.org and click on the “Watch Meetings Online” button.
PUBLIC PARTICIPATION (PUBLIC COMMENT)
Option A: To provide public comment in-person in the Council Chambers Members of the public have an opportunity to attend the meeting in-person in the Council Chambers and speak or submit a written comment on the Closed Session item only. If you wish to speak, complete a Speaker’s Card and submit to the City Clerk prior to the public comment portion of the item. Public testimony is limited to three (3) minutes per speaker; a speaker’s time may not be transferred to another speaker. Written public comments submitted at the meeting are not read aloud by the City Clerk.
Option B: To submit written public comments prior to the meeting Members of the public have an opportunity to submit email correspondence on the Closed Session item only by sending an email to: [email protected]. All public correspondence received by 3:00 p.m. on the meeting date will be provided to the City Council prior to the meeting. Public comments are not read into the record. Any public comments received after 3:00 p.m. on the meeting day will not be considered as part of the City Council’s deliberations or entered into the official record. Members also have the option to attend the meeting and submit their written comments or speak in-person.
CALL TO ORDER
ROLL CALL Mayor Illece Buckley Weber
Mayor Pro Tem Penny Sylvester
Councilmember Chris Anstead
Councilmember Deborah Klein Lopez
Councilmember Jeremy Wolf
City Council Special Meeting - Closed Session
Wednesday, October 23, 2024
PUBLIC COMMENTS
(As this is a Special Meeting, public comments are limited to items on this Agenda. Please refer to “Public Participation” above for full details on how to submit written public comments or speak under this category.)
CLOSED SESSION
The City Council will meet in Closed Session for the following purpose(s):
1. Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9 (Paragraph (1) of Subdivision (d))
Case Name and No.: California Commercial Investment Group, Inc. v. City of Agoura Hills, et al.
Los Angeles County Superior Court, Case No.: 21STCP03485 In compliance with the Americans with Disabilities Act, if you require special assistance to participate in this meeting, notify the City Clerk’s Office, at (818) 597-7300, at least 48 hours prior to the meeting.
Copies of staff reports or other written documentation, relating to each item of business described in this Agenda, are posted to the City’s website at agourahillscity.org and are on file in the office of City Clerk Kimberly M. Rodrigues, Agoura Hills City Hall, 30001 Ladyface Court, Agoura Hills, California, 91301.
AGENDA
REGULAR MEETING
AGOURA HILLS CITY COUNCIL
Civic Center – Council Chambers
30001 Ladyface Court, Agoura Hills, California 91301
Wednesday, October 23, 2024
6:00 p.m.
Please silence all cell phones and other electronic devices during the meeting.
ATTEND OR WATCH THE MEETING
For in-person attendance, Council Chamber doors will open to the public at 5:30 p.m. To watch the live stream or archive of this meeting on YouTube, enter “Agoura Hills City Council” and click on the date of the meeting. To watch the live stream or archive of this meeting on the City’s website, go to agourahillscity.org and click on the “Watch Meetings Online” button.
PUBLIC PARTICIPATION (PUBLIC COMMENT)
Option A: To provide public comments in-person in the Council Chambers Members of the public have an opportunity to attend the meeting in-person in the Council Chambers and speak or submit a written comment on any item listed on the Agenda. If you wish to speak, complete a Speaker’s Card for each item and submit to the City Clerk prior to the public comment portion of the item. Public testimony is limited to three (3) minutes per speaker; a speaker’s time may not be transferred to another speaker. Written public comments submitted at the meeting are not read aloud by the City Clerk.
Option B: To submit written public comments prior to the meeting Members of the public have an opportunity to submit written correspondence on any item listed on the Agenda. To ensure the City Council has the opportunity to review and/or consider information prior to the meeting, please identify the Agenda item number or topic in the email subject line and submit written public comments to: [email protected] on or before 4:00 p.m. on the meeting date. Public comments are not read into the record by the City Clerk.
Please note: any public comments received after the deadline may not be considered as part of the City Council’s deliberations nor entered into the official record. However, members of the public may participate by attending the meeting to submit or make their comments in-person.
CALL TO ORDER
LAND ACKNOWLEDGMENT
PLEDGE OF ALLEGIANCE Girl Scout Troop 176
ROLL CALL Mayor Illece Buckley Weber
Mayor Pro Tem Penny Sylvester
Councilmember Chris Anstead
Councilmember Deborah Klein Lopez
Councilmember Jeremy Wolf
REPORT OF CLOSED SESSION
City Council Regular Meeting Agenda
Wednesday, October 23, 2024
APPROVAL OF AGENDA
PRESENTATIONS
Business of the Month – Presentation to Love’s Pets
2024 Reyes Adobe Days 20th Anniversary Commemorative Poster Contest Winner
INTERGOVERNMENTAL, SPECIAL PURPOSE COMMITTEE, & DEPARTMENTAL
REPORTS
Las Virgenes/Malibu Council of Governments Update
Santa Monica Mountains Conservancy Advisory Committee Update Clean Power Alliance Update
(City Council and Staff)
PUBLIC COMMENTS
(This section is reserved for persons wishing to address items not listed on the Agenda that are under the subject matter jurisdiction of the City Council. Please refer to “Public Participation” above for full details on how to speak or submit written public comments under this category.)
CONSENT CALENDAR
(Items on the Consent Calendar may be approved by a single motion and vote. Unless pulled by the City Council, there will be no separate discussion of these items. This section is reserved for persons wishing to address items on the Consent Calendar. Please refer to “Public Participation” above for full details on how to speak or submit written public comments under this category.)
1. Approve Minutes of the Regular City Council Meeting of October 9, 2024 STAFF REFERENCE: CITY CLERK RODRIGUES
2. Approve Demand Warrant Register No. 921
STAFF REFERENCE: DIRECTOR OF FINANCE IBAÑEZ
3. Approve Memorandum of Understanding, with the City of Los Angeles, County of Los Angeles, County Flood Control District, California Department of Transportation, and the Cities of Calabasas, El Segundo, Hidden Hills, Malibu, Santa Monica, Thousand Oaks, and Westlake Village, Regarding the Cost Sharing for Implementing the Santa Monica Bay Dry and Wet Weather Bacteria Total Maximum Daily Loads Coordinated Shoreline Water Quality Monitoring Program
STAFF REFERENCE: PUBLIC WORKS DIRECTOR/CITY ENGINEER FORTE
4. Approve Agreement for Consultant Services, with Dudek, for the Preparation of an Oak Tree Ordinance Amendment
STAFF REFERENCES: COMMUNITY DEVELOPMENT DIRECTOR THOMAS
PRINCIPAL PLANNER NESOVIC
City Council Regular Meeting Agenda
Wednesday, October 23, 2024
CONSENT CALENDAR, continued –
5. Approve Notice of Completion, with J&H Engineering General Contractor, Inc., for the Fiscal Year 2024-25 Pavement Rehabilitation Project STAFF REFERENCE: PUBLIC WORKS DIRECTOR/CITY ENGINEER FORTE
6. Adopt Amendments to the City of Agoura Hills Fiscal Year 2023-24 Budget STAFF REFERENCE: DIRECTOR OF FINANCE IBAÑEZ
7. Approve Request to Amend the 2024 City Council Meeting Schedule STAFF REFERENCE: CITY MANAGER HAMBURGER
8. Adopt Resolution No. 24-2084; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AGOURA HILLS, CALIFORNIA, ADOPTING AN AMENDED AND
RESTATED CONFLICT OF INTEREST CODE FOR THE CITY OF AGOURA
HILLS WHICH INCORPORATES BY REFERENCE THE STANDARD CONFLICT
OF INTEREST CODE PREPARED BY THE FAIR POLITICAL PRACTICES
COMMISSION, ESTABLISHING A NEW DESIGNATED POSITION AND
DISCLOSURE CATEGORY FOR HUMAN RESOURCES MANAGER AND
COMMUNICATIONS MANAGER OF THE CITY, AND REPEALING
RESOLUTION NO. 22-2023
STAFF REFERENCE: CITY CLERK RODRIGUES
9. Adopt Resolution No. 24-2085; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AGOURA HILLS, CALIFORNIA, WITHDRAWING FROM AND
DISSOLVING THE AGOURA HILLS AND CALABASAS COMMUNITY CENTER
JOINT POWERS AUTHORITY AND TERMINATING THE RELATED JOINT
POWERS AGREEMENT BETWEEN THE CITY OF AGOURA HILLS AND THE
CITY OF CALABASAS
STAFF REFERENCE: CITY MANAGER HAMBURGER
CONTINUED OPEN PUBLIC HEARING (REVOCATION)
(This section is reserved for persons wishing to address items listed under Continued Open Public Hearing.
Public comments will be limited to closing and pulling the item off calendar. Please refer to “Public Participation” above for full details on how to submit written public comments or speak under this category.)
10. Request to Receive and File Staff’s Withdrawal of Request to Revoke Business License Number 006982 for Alleged Violations on March 8-11, 2024, under Case No. OTHER-001367-2021 and Close and Pull Off Calendar a Continued Open Public Hearing to Consider the Revocation of Business License Number 006982 (New Era Performance and Tuning, LLC) Continued from September 11, 2024 STAFF REFERENCES: COMMUNITY DEVELOPMENT DIRECTOR THOMAS
SENIOR CODE COMPLIANCE OFFICER BANDY
City Council Regular Meeting Agenda
Wednesday, October 23, 2024
CONTINUED PUBLIC HEARING / APPEAL
(This section is reserved for persons wishing to address items listed under Continued Public Hearing / Appeal. The Applicant/Appellant will be given 15 minutes to present their position to the City Council and five (5) minutes for rebuttal time. All other public testimony is limited to three (3) minutes. Please refer to “Public Participation” above for full details on how to submit written public comments or speak under this category. After the rebuttal, the Mayor will close the Public Hearing and the City Council will deliberate the matter. Except in rare instances where the City Council may have a question of someone in the audience, this discussion is only among the City Council and City Staff. No further public comments are permitted.)
11. Conduct a Continued Public Hearing to Consider the Agoura Hills Planning Commission’s Denial of Conditional Use Permit Case No. CUP-01533-2018 and Oak Tree Permit Case No. OAK-01534-2018 for 28340 Balkins Drive (AIN 2055-021- 044), a Request to Construct a 4,180 Square-Foot, Two-Story, Single-Family Residence and a 730 Square-Foot Attached Garage (Arvind Aurora, Applicant/Appellant) Continued from August 14, 2024
STAFF REFERENCES: COMMUNITY DEVELOPMENT DIRECTOR THOMAS
ASSOCIATE PLANNER GARCIA
DISCUSSION / ACTION
(This section is reserved for persons wishing to address items listed under Discussion / Action. Please refer to “Public Participation” above for full details on how to submit written public comments or speak under this category.)
12. Discussion to Consider Options and Process for Amending the Agoura Hills Municipal Code to Establish Architectural and Design Requirements for Commercial Property within the Old Agoura Overlay District
STAFF REFERENCE: COMMUNITY DEVELOPMENT DIRECTOR THOMAS
CITY COUNCIL, STAFF COMMENTS
ADJOURNMENT
The next Regular City Council Meeting will be held at 6:00 p.m., on Wednesday, November 13, 2024, in the Council Chambers of the Civic Center. The Civic Center is located at 30001 Ladyface Court, Agoura Hills, California.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City Council meeting or other services offered by the City of Agoura Hills, please contact the City Clerk’s Office at (818) 597-7300. Notification at least 48 hours prior to the meeting or time when services are needed will assist City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting.
Copies of staff reports or other written documentation, relating to each item of business described in this Agenda, are posted to the City’s website at agourahillscity.org and are on file in the office of City Clerk Kimberly M. Rodrigues, Agoura Hills City Hall, 30001 Ladyface Court, Agoura Hills, California, 91301.
The telecast of the Wednesday, October 23, 2024, Regular City Council Meeting will be shown on Channel 10 for Time Warner Cable subscribers, Channel 3 for Charter subscribers, and Channel 99 for AT&T UVerse subscribers, at a later date, and run daily until the next regularly scheduled City Council meeting.
The broadcast schedule is as follows: M-10a m; T-3pm; W-10am; Th-7pm; F-10am; S-3pm; and Su-7pm.
MINUTES
REGULAR MEETING
AGOURA HILLS CITY COUNCIL
Civic Center – Council Chambers
30001 Ladyface Court, Agoura Hills, California 91301
Wednesday, October 9, 2024
6:00 p.m.
The City Council meeting was called to order at 6:00 p.m. by Mayor Buckley Weber.
Mayor Buckley Weber announced the Land Acknowledgement.
The Pledge of Allegiance was led by Cub Scout Pack 227.
Present were: Mayor Illece Buckley Weber, Mayor Pro Tem Penny Sylvester, Councilmember Chris Anstead, Councilmember Deborah Klein Lopez, and Councilmember Jeremy Wolf.
Also Present were: City Manager Nathan Hamburger, City Attorney Candice K.
Lee, Assistant City Manager Ramiro Adeva, Executive
Assistant Michele Hubbs, Administrative Analyst John
Treichler, Director of Public Works/City Engineer Jessica Forte, Director of Finance Diego Ibañez, Recreation Manager
Stephanie Pozos, and City Clerk Kimberly M. Rodrigues.
REPORT OF CLOSED SESSION
No Closed Session was held.
APPROVAL OF AGENDA
ACTION: Mayor Pro Tem Sylvester moved to approve the Agenda, as presented. Councilmember Klein Lopez seconded. The motion carried 5-0, by the following roll call vote:
AYES: Mayor Buckley Weber, Mayor Pro Tem Sylvester, and Councilmembers Anstead, Klein Lopez, and Wolf.
NOES: None.
ABSTAIN: None.
ABSENT: None.
PRESENTATIONS
Mayor Buckley Weber announced the Proclamation, recognizing October 12-19, 2024, as Urban Wildlife Week, would be presented at the Wallis Annenberg Wildlife Crossing Open House and Thank You Event scheduled at the King Gillette Ranch Visitor Center from 1:00-3:00 p.m. on Sunday, October 13, 2024.
City Council Regular Meeting Minutes
Wednesday, October 9, 2024
INTERGOVERNMENTAL, SPECIAL PURPOSE COMMITTEE, & DEPARTMENTAL
REPORTS
Mayor Buckley Weber introduced the new Chief Executive Officer of the Los Robles Regional Medical Center, Phil Buttell, who made a few personal remarks.
Library Manager Nina Hull provided an Agoura Hills Library Quarterly Update.
Councilmember Klein Lopez provided a Clean Power Alliance Update.
PUBLIC COMMENTS
The following person(s) spoke:
Alan Lazar, Calabasas
Joshua Gray, representing the Greater Conejo Valley Chamber of Commerce
CONSENT CALENDAR
There were no public comments.
ACTION: Councilmember Anstead moved to approve Consent Calendar Item Nos. 1-7, as presented. Councilmember Lopez seconded. The motion carried 5-0, by the following roll call vote:
AYES: Mayor Buckley Weber, Mayor Pro Tem Sylvester, and Councilmembers Anstead, Klein Lopez, and Wolf.
NOES: None.
ABSTAIN: None.
ABSENT: None.
1. Approve Minutes of the Regular City Council Meeting of July 10, 2024
2. Approve Minutes of the Regular City Council Meeting of September 25, 2024
3. Approve Demand Warrant Register No. 920
4. Approve Treasurer’s Report for June 2024
5. Approve Award of Contract, with Cinbad Industry, Inc., for the Chumash Park Restroom Rehabilitation Project; NIB 24-04
6. Approve Agreement for Consultant Services, with m6 Consulting, Inc., for Construction Engineering Services Related to the Low Flow Storm Drain Diversion Project
7. Approve Municipal Program Transfer Agreement No. 2024MP01, with the Los Angeles County Flood Control District, for the Measure W Safe, Clean Water Program
City Council Regular Meeting Minutes
Wednesday, October 9, 2024
CITY COUNCIL, STAFF COMMENTS
City Manager Hamburger spoke about the success of the Reyes Adobe Days event and thanked everyone who participated.
The City Council each shared their personal remarks and experiences regarding the Reyes Adobe Days events and expressed their appreciation to all that participated.
Councilmember Anstead spoke about remembering the October 7 (2023) attack on Israel, and requested everyone to pray for “peace in the world” and for all the people affected by the hurricanes in Florida.
Mayor Buckley Weber noted there were a lot of remembrance events on Monday (October 7) and requested to “add to the list of prayers bringing the hostages home.”
ADJOURNMENT
At 6:39 p.m., Mayor Buckley Weber announced the next Regular City Council Meeting would be held at 6:00 p.m. on Wednesday, October 23, 2024, in the Council Chambers of the Civic Center and adjourned the meeting.
Kimberly M. Rodrigues, MPPA, MMC
City Clerk
REPORT TO CITY COUNCIL
DATE: OCTOBER 23, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATHAN HAMBURGER, CITY MANAGER
BY: JESSICA FORTE, PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJECT: NOTICE OF COMPLETION FOR THE FISCAL YEAR 2024-25
PAVEMENT REHABILITATION PROJECT
On May 8, 2024, the City Council authorized staff to seek bids for the Fiscal Year (FY) 2024-25 Pavement Rehabilitation Project. The Project included, but is not limited to, the following: street overlay with Asphalt-Rubber Hot Mix (ARHM) for the roadways, speed hump replacement, striping, pavement markings, etc.
On June 26, 2024, the City Council revised the scope of work for FY 2024-25 due to a delay in the receipt of funding, directed staff to defer the bidding of the project to Spring of 2025 and to proceed with the paving of the lower portion of Chesebro Road during FY 2024-25, and awarded a contract to J & H Engineering General Contractors, Inc. using the “piggy-backing” exception of AHMC Chapter 7, Section 2704(a)(2).
The project, as constructed, included the following areas:
• Chesebro Road (Driver Avenue to 5402 Chesebro Road)
• Striping of Dorothy Drive between Lewis Road and Chesebro Road The final cost for the project is as indicated in the table below.
Original Contract Amount $125,232.00
Change Order No. 1 $8,582.00
Change Order No. 2(Deductive) ($6,298.10)
Revised Contract Amount $133,814.00
Total Budget $400,000.00
Change Order No.1 was the addition of Traffic Striping on Dorothy Drive between Lewis Road and Chesebro Road. Change Order No. 2 was a deductive Change Order which shows the actual quantities versus the estimated quantities for the project.
The project was completed on time, within the approved budget, performed to the satisfaction of staff, and is expected to serve the community well for many years to come.
2 FISCAL IMPACT
The project has been completed within the approved budget. There is no fiscal impact associated with filing a Notice of Completion.
RECOMMENDATION
Staff respectfully recommends the City Council:
1. Approve, and accept as complete, the work of J&H Engineering General Contractors, Inc. for the FY 2024-25 Pavement Rehabilitation Project, and
2. Authorize the Director of Public Works / City Engineer to sign the Notice of Completion for the project and authorize the City Clerk to forward the Notice of Completion to the County Recorder for recordation.
Attachment: Notice of Completion
REPORT TO CITY COUNCIL
DATE: OCTOBER 23, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATHAN HAMBURGER, CITY MANAGER
BY: DENICE THOMAS, COMMUNITY DEVELOPMENT DIRECTOR
TRINECE BANDY, SENIOR CODE COMPLIANCE OFFICER
REQUEST: REQUEST TO RECEIVE AND FILE STAFF’S WITHDRAWAL OF REQUEST TO REVOKE BUSINESS LICENSE NUMBER 006982 FOR
ALLEGED VIOLATIONS ON MARCH 8-11, 2024, UNDER CASE NO.
OTHER-001367-2021 AND CLOSE AND PULL OFF CALENDAR A
CONTINUED OPEN PUBLIC HEARING TO CONSIDER THE
REVOCATION OF BUSINESS LICENSE NUMBER 006982 (NEW ERA
PERFORMANCE AND TUNING, LLC)
On April 10, 2024, the City Council held a public hearing to assess the potential revocation of Business License No. 006982 for New Era Performance and Tuning, LLC, (New Era) due to repeated violations of the City's noise ordinance. These violations raised significant concerns among neighboring businesses. During the hearing, the applicant requested additional time to review the case materials, which the City Council granted, leading to three subsequent hearings on May 8, 2024, July 10, 2024, and September 11, 2024.
During the May 8, 2024, regular meeting, the City Council directed staff to collaborate with New Era and neighboring business owners to implement best management practices (BMPs) aimed at reducing noise levels from the dynamometer. Staff was tasked with measuring compliance with the Agoura Hills Municipal Code (AHMC) after these BMPs were applied. Due to the need for installation and further readings, staff requested additional time at the July 10, 2024, regular meeting, and the public hearing was continued to September 11, 2024.
Following the July 10 meeting, Alex Esparza (business owner) implemented several measures to mitigate noise, including the installation of a Raynor Therma-Seal TM300 Insulated Sectional Commercial Door. A voluntary inspection was conducted on August 9, 2024, during which Mr. Esparza agreed to participate in noise testing to assess the effectiveness of his mitigation efforts. A follow-up inspection on August 29, 2024, involved operating the dynamometer with the new door in both open and closed positions. The 2 City’s acoustical engineer, Robert Woo of Acoustics Group, Inc., monitored the testing and analyzed the data collected.
Following the September 11, 2024, City Council meeting, Staff continued to investigate the noise created by Mr. Esparza’s operation of a dynamometer at his business, New Era, located at 28236 Dorothy Drive, Unit C, Agoura Hills, California 91301. Various investigatory methods were implemented, including multiple noise surveys conducted both on- and off-site by a licensed professional. Staff completed an analysis of the findings of the investigation. On October 14, 2024, a new code enforcement case was opened, and a notice of violation was issued to Mr. Esparza for violations of the noise ordinance. Mr. Esparza has been given an opportunity to abate the violation.
In light of the new code enforcement case that has been opened, staff, based on advice from the City Prosecutor, is formally withdrawing the request to revoke Business License No. 006982 for the alleged violations documented March 8, 2024, through March 11, 2024, under Case No. OTHER-001367-2021. Code Enforcement efforts are continuing under Case No. ZONE-001392-2024.
FISCAL ANALYSIS
No additional fiscal impact is anticipated with the withdrawal of the request. The approved Fiscal Year 2024-25 Budget provides for the services of the City Prosecutor.
RECOMMENDATION
Receive and file staff’s withdrawal of request to revoke Business License Number 006982 for alleged violations on March 8-11, 2024, under Case No. OTHER-001367-2021 and close and pull off calendar the continued open public hearing.