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BRAD HALPERN
Mayor
RAY PEARL
Mayor Pro Tern
NEDEDAVIS
Councilmembcr
KELLY HONIG
Councilmembcr
SUSAN McSWEEN£Y
Councilmcmhcr
MINUTES
Regular Meeting of the City Council
February 23, 2022
CALL TO ORDER:
This regular meeting of the Westlake Village City Council was called to order by Mayor Halpern on Wednesday, February 23, 2022, at 6:30 p.m., at 31200 Oak Crest Drive, Westlake Village via teleconference due to the ongoing COVID-19 pandemic and pursuant to Government Code Section 54953(e).
PLEDGE OF ALLEGIANCE:
Mayor Halpern led the Pledge of Allegiance and requested we keep the U.S. military overseas in our thoughts.
ROLL CALL:
PRESENT:
ABSENT:
Also Present:
Councilmernbers Mcsweeney, Honig, Davis. Mayor Pro Tern Pearl, Mayor Halpern
None
City Manager de Geus, City Attorney Boga, Deputy City Manager Eskandar, Administrative Services Director Wilson, Planning Director Forbes, City Clerk Mann, City Engineer Hughes, and Associate Planner Sinkula.
APPROVAL OF AGENDA:
Councilmember Davis moved to approve the Agenda as presented. Councilmember Honig seconded the motion.
YES:
NO:
ABSENT:
ABSTAIN:
Councilmembers Mcsweeney, Honig, Davis, Mayor Pro Tern Pearl, Mayor Halpern
None
None
None
Mayor Halpern declared the motion passed 5-0.
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APPROVAL OF MINUTES:
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February 23, 2022 2
Councilmember Davis moved to approve the Minutes of the February 9, 2022 Regular Session Meeting as presented. Councilmember Mcsweeney seconded the motion.
YES:
NO:
ABSENT:
ABSTAIN:
Mayor Halpern, Mayor Pro Tern Pearl, Councilrnember Davis, Councilmember Honig, Councilmember Mcsweeney.
None
None
None
Mayor Halpern declared the motion passed 5-0.
SPECIAL PRESENTATIONS/CEREMONIAL MA TIERS: None
PUBLIC COMMENTS: None
COUNCIL RESPONSE: None
STAFF COMMENTS:
City Manager de Geus stated our landscaping equipment contractor, American Heritage, has been utilizing zero emission equipment this past month around City Hall and the Library and it is working well. American Green Zone Alliance will be assisting staff with developing a citywide landscaping Request for Proposal and they have been shadowing the City's current landscape maintenance providers, Brightview and American Heritage, to ensure the scope of services accurately describes the city needs and will include the expectation that we move towards zero emission landscaping equipment.
Related to COVID-19, Mr. de Geus noted that the positivity rate and cases have been decreasing. In addition, the Los Angeles County Department of Public Health released a revised Public Health Order that removes the indoor masking mandate for vaccinated individuals on Friday, February 25, 2022 with verification of vaccination status. This will assist staff with bringing City Council back into Council Chambers for in-person meetings in March.
For Pedestrian Safety, Mr. de Geus mentioned that outreach and education continues with some targeted outreach to the Three Springs Neighborhood on utilizing the Pedestrian Hybrid Beacon. Targeted speed enforcement continues daily with some nighttime enforcement, which has resulted in issuance of citations. He further noted that preliminary designs for sidewalks on Lindero Canyon Road between Agoura Road and Baronsgate Road and between Whim Drive to Hedgewall Drive is underway. Also, a small segment of sidewalk on the corner of Lindero Canyon Road and Agoura Road to the bus stop by the Chevron Station will soon be underway.
City of Westlake Village
COUNCIL COMMENTS: None
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February 23, 2022 3
MONTHLY DEPARTMENT AL REPORTS:
1 . Sheriff's Department Report
Deputy Brian Knott presented the Sheriff Department's crime and traffic report for January 2022. Lieutenant Chad Watters reported that the Lakeside Wine and Spirits burglary case has resulted in eight suspects arrested. The suspects were involved in burglaries at 35 other businesses in Ventura and Los Angeles Counties.
Nighttime speeding measures continue to be addressed with multiple speeding tickets issued. He reminded residents to always lock their vehicles and not leave a purse in an unlocked car.
2. Fire Department Report
Assistant Fire Chief Drew Smith presented the Fire Department's report for January 2022. Community Services Liaison Megan Currier reported on Public Education stating that the Explorer program application process will begin in March and a Community Emergency Response Team (CERT) class will be scheduled for April/May.
3. Chamber of Commerce Report
4. Director of Government Affairs and Tourism Adam Haverstock and highlighted the following Greater Conejo Valley Chamber of Commerce activities and events.
Personal Protective Equipment (PPE) equipment (masks and hand sanitizer) are for available for businesses. The order form is on the Chamber website and all local businesses are eligible. Assembly Bill 1234 passed in 2016 mandates that businesses with five or more employees offer a retirement plan. A webinar on this topic will be held on February 24, 2022 at noon. The Chamber is currently accepting applications for their annual Awards Gala and the nomination link is on their website. On April 8, 2022 the Chamber will host its annual Regional Economic Forecast, tickets for sale on their website.
Library Report
Manager of the Westlake Village Daniel K. Ludwig Library Julie Frieze presented the Library report for January 2022. She reported that Library Hours of Operation will adjust on March 14, 2022 to be Tuesday and Wednesdays 12-8 pm, Thursday - Saturdays 10 am - 6 pm and closed on Sunday and Mondays.
CITY COUNCIL COMMITTEE REPORTS: None
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PUBLIC HEARINGS:
1. CONDITIONAL USE PERMIT NO. 96-003, Modification 3; RESOLUTION NO. 2237-22
City Manager de Geus introduced the item and Associate Planner Sinkula presented the request for approving Modification No. 3 of Conditional Use Permit No. 96-003, authorizing the continued operation of an existing wireless telecommunications facility, the replacement of three existing antennas with three new antennas, and the installation of three new remote radio units and two new equipment cabinets on an existing rooftop wireless telecommunications site located at 5716 Corsa Avenue.
Associate Planner Sinkula reported the facility operated by T-Mobile consists of six antennas grouped into three sectors that are mounted to the rooftop and screened by a parapet style roof. The current CUP is set to expire on September 27, 2022, and the applicant has requested an extension of the permit term as part of the request to modify the equipment on the site. The site also includes antennas for two other telecommunication companies and those requests are not part of this hearing.
On December 2, 2020, the Land Use Committee comprised of Councilmember Halpern and then Mayor Pro Tern Mcsweeney requested that the applicant provide additional screening for the equipment to improve aria! views from the Community Park. On January 3, 2022, the applicant submitted revised plans that proposed to screen the antennas within three new radome structures consistent with the screening provided for the other existing wireless telecommunications facilities on the rooftop. Staff reviewed the revised submittal and determined that the proposed new radome structures were much wider than the existing radome structures on the roof and significantly more noticeable from views from Russell Ranch Road than the facility is presently without the radome structures.
The applicant has requested a ten-year permit term, which is consistent with requirements of State planning law (Government Code§ 65964(b)) that proscribe unreasonable limitations on permit durations for wireless telecommunications facilities and specify that permit terms of less than ten years are presumed to be unreasonable. She reported that staff was unaware of any complaints associated with the subject facility and recommended approval of the CUP request to extend the permit term and modify the equipment onsite as described above, and further recommend a permit term of ten years.
Councilmember Honig moved to adopt Resolution No. 2237-22 "A Resolution of the City Council of the City of Westlake Village approving Modification No. 3 of Conditional Use Permit No. 96-003, authorizing the continued operation of an existing wireless telecommunications facility, the replacement of three existing City of Westlake Village
City Council Minutes
February 23, 2022 5
PUBLIC HEARINGS (continued):
antennas with three new antennas, and the installation of three new remote radio units and two new equipment cabinets on an existing rooftop wireless telecommunications site located at 5716 Corsa Avenue." Councilmember Mcsweeney seconded the motion.
YES:
NO:
ABSENT:
ABSTAIN:
Councilmembers Mcsweeney, Honig, Davis, Mayor Pro Tern
Pearl, Mayor Halpern
None
None
None
Mayor Halpern declared the motion passed 5-0.
2. ADOPTION OF NORTH BUSINESS PARK SPECIFIC PLAN COST RECOVERY FEES: RESOLUTION NO. 2238-22
City Manager de Geus introduced the item and Planning Director Forbes presented the request for establishing fees to recover the cost to the City for preparing, adopting, administering, and maintaining the North Business Park Specific Plan (NBPSP).
Planning Director Forbes reported in June 2020, the City Council adopted the NBPSP to establish a vision and development framework to guide reinvestment in the specific plan area. Working with Stanley R. Hoffman Associates, cost recovery fees were established and were discussed in October 2021 with City Council.
California Government Code Section 65456(a) authorizes cities to establish and collect fees for costs associated with preparing, adopting, administering, and maintaining a specific plan. Stanley R. Hoffman Associates determined that the City incurred a cost of $1,308,858 over 10 years to prepare and adopt the NBPSP and its EIR, including consultant costs, staff time, and overhead (in 2021 dollars).
The estimated cost to administer and maintain the NBPSP over the next 20 years is about $220,776 (in 2021 dollars). This results in a total cost of $1,529,634 to be recovered, adjusted to 2021 dollars. He also mentioned that the City was awarded a $160,000 Senate Bill (SB) 2 Planning Grant to partially offset the cost of preparing the NBPSP, reducing the amount to be recovered to $1,369,634. He recommended the City Council adopt fees intended to achieve full cost recovery which are $1,480.03 per residential unit, $1,007.35/1,000 square feet of nonresidential floor area, with a 2% annual escalator to account for inflation.
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February 23, 2022 6
PUBLIC HEARINGS (continued):
Planning Director Forbes stated that Bravish Mallavarapu, Stanley R. Hoffman Associates, and Jean Ward, Civic Solutions, were available for any questions on the cost recovery figures.
There was Council discussion on utilizing the 2% annual escalator versus actual annual consumer price index, and rounding the dollar amounts to be even, not to include cents. Staff stated that the annual escalator was used to make the amounts consistent for the entire project. If the dollar amounts are rounded, the City would not be able to charge the developers a consistent amount.
Councilmember Davis moved to adopt Resolution No. 2238-22 "A Resolution of the City Council of the City of Westlake Village Approving a North Business Park Specific Plan Cost Recovery Fee Study, Establishing North Business Park Specific Plan Cost Recovery Fees, and Making Findings of Exemption Under CEQA".
Councilmember Honig seconded the motion.
YES:
NO:
ABSENT:
ABSTAIN:
Councilmembers Mcsweeney, Honig, Davis, Mayor Pro Tern
Pearl, Mayor Halpern
None
None
None
Mayor Halpern declared the motion passed 5-0.
MONTHLY IN-HOUSE DEPARTMENTAL REPORTS:
1. Engineering Department Report
City Engineer Hughes provided the Engineering Status Report and noted the following highlights: the Annual Street Improvement project is out to bid with March 9, 2022 set as the bid opening date; staff is wrapping up the Traffic Signal Pole painting project; the Pedestrian Hybrid Beacon is working well and staff continues to work with Southern California Edison on the conduit cleanup. Finally, Kayuga Solutions is working on the Reserve Study to track City assets.
Council requested that future Engineering reports include Sidewalk Project status.
2. Planning Department Report
Planning Director Forbes provided the Planning Department's Status Report stating the Department of Housing and Community Development as certified the Housing Element. He also highlighted the Department's monthly statistics.
City of Westlake Village
City Council Minutes
February 23, 2022
MONTHLY IN-HOUSE DEPARTMENTAL REPORTS (continued):
7 Council had questions on the new trash hauler bins and when new bins will be delivered. Council also had questions on the smart meter rollout. City Manager de Geus stated he would provide Council with an update on the smart meter rollout project.
3. Cultural Recreation Report
Deputy City Manager Eskandar provided the Cultural Recreation Department's Status Report. He reported that the Conejo Recreation and Park District Spring Sessions will be open for registration on March 7, 2022; the City Community meeting rooms will be open starting March 1, 2022 and users will need to follow the Los Angeles County Public Health Orders. Finally, he mentioned that plans for 41h of July event are well underway.
CONSENT CALENDAR:
Councilmember Mcsweeney moved to approve the Consent Calendar. Councilmember Honig seconded the motion.
YES:
NO:
ABSENT:
ABSTAIN:
Councilmembers Mcsweeney, Honig, Davis, Mayor Pro Tern Pearl, Mayor Halpern
-None
None
None
Mayor Halpern declared the motion passed 5-0.
APPROVAL OF WARRANTS: Warrants effective February 15, 2022 in the amount of $240,175.91.
GENERAL BUSINESS:
1. RIGHT OF ENTRY AGREEMENT WITH WESTLAKE VILLAGE GOLF COURSE FOR THE 2022 FIREWORKS EVENT - Approved the Right of Entry Agreement with the Westlake Village Golf Course for the 2022 July 4th fireworks event; and authorize the Mayor to sign and execute the agreement on behalf of the City.
OLD BUSINESS: None
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City of Westlake Village
NEW BUSINESS:
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February 23, 2022 8
1. NOTIFICATION OF INTENT TO COMPLY WITH SHORT-LIVED CLIMATE POLLUTANTS REGULATIONS; RESOLUTION NO. 2239-22
City Manager de Geus introduced the item and Planning Director Forbes requested Council approval of a Notification of Intent to Comply (NOIC) with the State's Short-Lived Climate Pollutants (SLCP) Regulations pursuant to Senate Bill (SB) 1383 and SB 619 and directing staff to submit the NOIC by the deadline of March 1, 2022.
Planning Director Forbes reported that SB 1383 was signed into law in 2016 and established methane reduction targets as part of a Statewide effort to reduce greenhouse gas emissions from short-lived climate pollutants such as organic waste. SB 1383 requires a 50 percent reduction from 2014 levels in the amount of organic waste sent to landfills by 2020 and a 75 percent reduction by 2025. Further, SB 1383 requires 20 percent of edible food, which would otherwise be disposed of, be recovered for human consumption by 2025.
Starting in 2022, cities are required to implement and oversee programs to ensure that certain food service businesses donate edible food to food recovery organizations. Cities will be required to have an enforcement mechanism to ensure compliance with the SLCP Regulations, and the State will levy penalties and fines of up to $10,000 per day on jurisdictions that fail to comply.
SB 619 provides an opportunity for jurisdictions that will not meet the compliance timelines set forth in SB 1383 to submit a compliance plan to avoid having enforcement penalties assessed by the California Department of Resources Recycling and Recovery (CalRecycle). The NOIC must be submitted to CalRecycle by March 1, 2022, and must include identification of specific compliance gaps, actions the City will take to comply, and a timeline for implementation. CalRecycle must respond to the NOIC within 45 days, and if approved, the City may not be penalized if the tasks detailed in the NOIC are completed consistent with the stated timeline. If any deadlines in the compliance plan are missed, the City may be fined by Cal Recycle for the amounts accrued for non-compliance, beginning January 1, 2022.
To ensure compliance with SB 1383 and the SLCP Regulations, the City must adopt an enforceable ordinance and other mechanisms to ensure that all residential and commercial waste generators are compliant with SB 1383 regulations. Such mechanisms will enable the City to enforce the regulations and assess penalties for non-compliance beginning in 2024. Staff will bring forward a mandatory recycling and organics ordinance for City Council consideration in March 2022. To qualify for State grant funding to assist in implementing SB 1383, the City must adopt the ordinance by April 1, 2022.
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When the Waste Hauler agreement is submitted to City Council, it will incorporate SB 1383 requirements.
Council had questions on assessing fines and educational outreach efforts to assist with complying with these new laws. Staff outlined an outreach and education plan for the public and businesses.
Councilmember Davis moved to adopt Resolution No. 2239-22 "A Resolution of the City Council of the City of Westlake Village Approving a Notification of Intent to Comply with CalRecycle Short-Lived Climate Pollutants Regulations".
Councilmember Honig seconded the motion.
YES: Councilmembers Mcsweeney, Honig, Davis, Mayor Pro Tern Pearl, Mayor Halpern
NO: None
ABSENT: None
ABSTAIN: None
Mayor Halpern declared the motion passed 5-0.
ADJOURNMENT:
The meeting adjourned at 7:56 p.m.
Brad Halpern, Mayor
Attest:
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Antoinette Mann, City Clerk