l
j
BRAD HALPERN
Mayor
RAY PEARL
Mayor Pro Tern
NEDEDAVIS
Councilmember
MINUTES
KELLY HONIG
Councilmember
Regular Meeting of the City Council
March 23, 2022
SUSAN McSWEENEY
Councilmember
CALL TO ORDER:
This Regular Meeting of the Westlake Village City Council was called to order by Mayor Halpern on Wednesday, March 23, 2022, at 6:33 p.m., at 31200 Oak Crest Drive, Westlake Village.
PLEDGE OF ALLEGIANCE:
Mayor Halpern led the Pledge of Allegiance.
ROLL CALL:
PRESENT:
ABSENT:
Also Present:
Councilmembers Mcsweeney, Honig, Davis, Mayor Pro Tern Pearl, and Mayor Halpern
None
City Manager de Geus, City Attorney Boga, Deputy City Manager Eskandar, Administrative Services Director Wilson, Planning Director Forbes, City Clerk Mann, Senior Planner Sinkula, and Deputy City Engineer Bellomo.
APPROVAL OF AGENDA:
Councilmember Davis moved to approve the Agenda as presented. Councilmember Mcsweeney seconded the motion.
YES:
NO:
ABSENT:
ABSTAIN:
Councilmembers Mcsweeney, Honig, Davis, Mayor Pro Tern Pearl, and Mayor Halpern
None
None
None
Mayor Halpern declared the motion passed 5-0.
City of Westlake Village
APPROVAL OF MINUTES:
City Council Minutes
March 23, 2022 2
Councilmember Mcsweeney moved to approve the Minutes of the March 9, 2022 Regular Session Meeting as presented. Councilmember Davis seconded the motion.
YES:
NO:
ABSENT:
ABSTAIN:
Councilmembers Mcsweeney, Honig, Davis, Mayor Pro Tern Pearl, and Mayor Halpern
None
None
None
Mayor Halpern declared the motion passed 5-0.
SPECIAL PRESENTATIONS/CEREMONIAL MATTERS: None
PUBLIC COMMENTS: None
COUNCIL RESPONSE: None
STAFF COMMENTS:
City Manager de Geus announced two internal promotions: Mr. Tim Iverson was promoted from Lead Public Works Inspector to Public Works Manager and Ms. Megan Sinkula from Associate Planner to Senior Planner. He noted that both staff members have demonstrated excellent service to the City, are highly competent and are always willing to help and assist wherever they can to resolve resident issues. He asked the Council to join him in congratulating both Tim and Megan on their promotions.
Mr. de Geus also mentioned that woodchips are being replenished in our City Parks as part of our annual maintenance. Berniece Bennett, Canyon Oaks, Three Springs and Foxfield parks received the new natural woodchips. This is done annually to ensure our parks are clean, safe and enjoyed by everyone that visits them.
Mr. de Geus informed the Council that he joined Councilmember Mcsweeney today together with Deputy City Manager Eskandar for the 4th Grade Classes at White Oak Elementary to talk about the City of Westlake Village and what we do. Additional staff joined the classrooms via Zoom.
COUNCIL COMMENTS:
Councilmember Honig congratulated Tim Iverson and Megan Sinkula on their promotions.
Councilmember Mcsweeney announced that the City to School Program is back this school year via which 4th grade students learn about the City, take a field trip to City Hall 7 J
j
City of Westlake Village
City Council Minutes
March 23, 2022 3
COUNCIL COMMENTS (continued):
which includes attending a mock City Council meeting, and then visit a live City Council meeting.
Mayor Halpern read a thank you note sent to the City Council by Pat Croner, on behalf of the New West Symphony, for their "New to You Marketplace event". Pat Croner also thanked staff, Megan Sinkula, Philippe Eskandar, Carol Kramer and Tim Iverson for their assistance.
MONTHLY DEPARTMENTAL REPORTS:
1. Sheriffs Department Report
2. Deputy Brian Knott and Acting Captain Joe Fender (attending via Zoom) presented the Sheriff Department's crime report for February 2022. Deputy Knott announced that he will be bringing in Deputies assigned to Westlake Village to meet the City Council in the future.
Fire Department Report
Assistant Fire Chief Drew Smith presented the Fire Department's report for February 2022. Community Services Liaison Megan Currier reported that Assistant Fire Chief Smith was promoted and is no longer Acting. She informed the community to contact Animal Control for snake calls that are not lifethreatening in order to allow the Firefighters to be available for other calls.
City Council congratulated Assistant Fire Chief Smith on his promotion.
3. Chamber of Commerce Report
4. Director of Government Affairs and Tourism Adam Haverstock highlighted activities and events of the Greater Conejo Valley Chamber of Commerce which included: distribution of Personal Protective Equipment (masks and hand sanitizer); participating in the filming of the Westlake Village Video April Newsletter; and, the Chamber's Legislative Roundtable meeting. He also mentioned that the Chamber is accepting nominations for the Annual Awards Gala which will be held on Friday, May 20, 2022 and the Economic Forecast will be held on April 8, 2022. Visit www.conejochambers.org for more information on these topics or events.
Library Report*
Manager of the Westlake Village Daniel K. Ludwig Library Julie Frieze presented the Library report for the month of February 2022.
CITY COUNCIL COMMITTEE REPORTS: None
City of Westlake Village
City Council Minutes
March 23, 2022 4
PUBLIC HEARINGS:
1. CONDITIONAL USE PERMIT NO. 12-001, MODIFICATION NO. 2.
I
RESOLUTION NO. 2241-22
City Manager de Geus introduced the item and Senior Planner Sinkula presented ~ the request to adopt a Resolution approving an extension of the expiration date for Conditional Use Permit (CUP) No. 12-001 to authorize the continued operation of an animal hospital located at 30849 Thousand Oaks Boulevard.
Ms. Sinkula reported that CUP 12-001 was originally approved on February 8, 2012. An additional five-year permit extension was approved on September 11, 2017 with an expiration date of February 8, 2022. She reported that the applicant, Banfield Pet Hospital doing business as Dr. Y's Animal Hospital, will continue the operation with no proposed modifications to the permit which allows for a fullservice veterinary care operation with no outdoor components on the site and no boarding services. She mentioned that the operating hours are Mondays - Fridays, 8:00 am to 6:00 pm, and Saturdays, 8:00 am to 5:00 pm., with five to ten employees on site. She noted that although the animal hospital has changed ownership, the operation of the facility has remained the same and staff was not aware of any negative impacts or complaints associated with the business. She recommended that the permit be approved for an additional 10 years.
Ms. Sinkula added that on March 2, 2022, the Land Use Committee, Mayor Pro Tern Pearl and Councilmember Honig, reviewed the request and recommended that the time extension be moved forward to the full City Council for hearing.
Councilmember Mcsweeney moved that Resolution No. 2241-22, 'A Resolution of the City Council of the City of Westlake Village approving an extension of the expiration date for Conditional Use Permit No. 12-001 to authorize the continued operation of an animal hospital located at 30849 Thousand Oaks Boulevard' be adopted. Councilmember Davis seconded the motion.
YES:
NO:
ABSENT:
ABSTAIN:
Councilmembers Mcsweeney, Honig, Davis, Mayor Pro Tern
Pearl, and Mayor Halpern
None
None
None
Mayor Halpern declared the motion passed 5-0.
l
J
City of Westlake Village
City Council Minutes
March 23, 2022 5
PUBLIC HEARINGS (continued):
2. CONDITIONAL USE PERMIT NO. 22-001: RESOLUTION NO. 2242-22 City Manager de Geus introduced the item and Senior Planner Sinkula presented the request to authorize the operation of a Brazilian Jiu Jitsu instructional studio located at 31312 Via Colinas, Suite Nos. 101 and 102, in the Westlake Village Industrial Park.
Ms. Sinkula reported that the applicant, Emerson Vidor on behalf of Conejo Valley Brazilian Jiu Jitsu, is proposing to offer scheduled, private classes with a maximum class size of 20 students and up to four instructors. Children and adult group classes would consist of five to 15 students with one to two instructors. She noted that staff was not aware of any parking issues within the complex, and since the applicants are proposing to offer only private instruction and one smaller group class during day-time business hours, staff did not believe the proposed use would create any adverse parking impacts at the site.
Ms. Sinkula added that on March 2, 2022, the Land Use Committee, Mayor Pro Tern Pearl and Councilmember Honig, reviewed the permit request and recommended it be moved forward to the full City Council for hearing.
Councilmember Honig, moved that Resolution No. 2242-22, 'A Resolution of the City Council of the City of Westlake Village approving Conditional Use Permit No. 22-001, relative to the operation of a Brazilian Jiu Jitsu instructional studio located at 31312 Via Colinas, Suite Nos. 101 and 102' be adopted. Councilmember Mcsweeney seconded the motion.
YES:
NO:
ABSENT:
ABSTAIN:
Councilmembers Mcsweeney, Honig, Davis, Mayor Pro Tern
Pearl, and Mayor Halpern
None
None
None
Mayor Halpern declared the motion passed 5-0.
MONTHLY IN-HOUSE DEPARTMENTAL REPORTS:
1. Engineering Department Report
Deputy City Engineer Bellomo provided the Engineering Status Report and noted that the award of contract for the annual Street Improvement Program was on the City Council agenda tonight, the Pickleball Courts layout would be presented to the Administrative Committee as part of the Capital Improvement Plan Projects and sidewalk improvements were in the design survey process for completion of City of Westlake Village
City Council Minutes
March 23, 2022 6
MONTHLY IN-HOUSE DEPARTMENTAL REPORTS (continued):
2. design this fiscal year and construction next fiscal year. He also mentioned staff's attendance at the North Santa Monica Bay Watershed Area Steering Committee meeting on March 10, 2022.
Councilmember Honig asked questions about the street resurfacing project.
Planning Department Report
Planning Director Forbes provided the Planning Department's Status Report noting that 19 Westlake Village businesses applied for Community Development Block Grant funds offered in cooperation with the Los Angeles County Development Authority (LACDA). With Westlake having funding for nine grants, LACDA conducted a lottery to randomly select nine businesses to move forward in the program. If any of those businesses turn out to be ineligible or fail to provide the required documentation, additional businesses will be selected by lottery to participate. He thanked the Conejo Chamber of Commerce for providing information to their members on this grant process.
3. Cultural Recreation Report
Deputy City Manager Eskandar provided the Cultural Recreation Department's Status Report noting that outreach and planning has begun for the 4th of July, City Celebration, noting that October 15 is a tentative date, and Winter/Holiday Singalong events. He highlighted some complementary input from residents about services offered in Westlake Village which were forwarded by the Conejo Recreation and Park District.
CONSENT CALENDAR:
Councilmember Davis moved to approve the Consent Calendar. Councilmember Honig seconded the motion.
YES:
NO:
ABSENT:
ABSTAIN:
Councilmembers Mcsweeney, Honig, Davis, Mayor Pro Tern Pearl, and Mayor Halpern
None
None
None
Mayor Halpern declared the motion passed 5-0.
APPROVAL OF WARRANTS: Warrants effective March 15, 2022 in the amount of $266,824.99.
l
J
City of Westlake Village
City Council Minutes
March 23, 2022
CONSENT CALENDAR (continued):
GENERAL BUSINESS:
7 1. RENEWAL OF GENERAL SERVICES AGREEMENT WITH THE COUNTY OF LOS ANGELES; RESOLUTION 2243-22 - Adopt a Resolution approving a General Services Agreement with the County of Los Angeles and authorizing the Mayor to sign and execute the General Services Agreement.
OLD BUSINESS:
1. CONSIDERATION OF AWARD OF CONTRACT FOR ANNUAL STREET RESURFACING FOR FISCAL YEAR 2021-22
City Manager de Geus introduced the item and Deputy City Engineer Bellomo presented the recommendation to award a construction contract for the Annual Street Resurfacing Project for Fiscal Year 2021-22 to All American Asphalt in the amount of $1,025,336.20.
Mr. Bellomo stated the bid opening was held on March 9, 2022, and the City received one bid for the project from All American Asphalt. The bid was 3.6% over the engineer's estimate of $990,000. He noted that if the project is re-advertised, the bid could result in higher costs and a delayed schedule, and may not attract additional bidders. Construction was anticipated to begin in mid-May and be completed by the end of June 2022, barring any unexpected delays.
Mayor Pro Tern Pearl moved that the City Council award a construction contract for the Annual Street Resurfacing Project for Fiscal Year 2021-22 to All American Asphalt in the amount of $1,025,336.20 and authorize the Mayor to sign and execute the construction contract on behalf of the City. Councilmember Mcsweeney seconded the motion.
YES:
NO:
ABSENT:
ABSTAIN:
Councilmembers Mcsweeney, Honig, Davis, Mayor Pro Tern Pearl, and Mayor Halpern
None
None
None
Mayor Halpern declared the motion passed 5-0.
- ~----------------------------------------......_.
City of Westlake Village
OLD BUSINESS (continued):
City Council Minutes
March 23, 2022 8
2. ADOPTION OF URGENCY ORDINANCE AND INTRODUCTION OF
ORDINANCE AMENDING CHAPTER 5.3 OF THE WESTLAKE VILLAGE
MUNICIPAL CODE PERTAINING TO SOLID WASTE MANAGEMENT;
URGENCY ORDINANCE NO. 290U-22 AND ORDINANCE NO. 291-22
City Manager de Geus introduced the item and Planning Director Forbes presented the item, stating that Senate Bill (SB) 1383 and SB 619 action taken by the City Council on February 23, 2022 stipulated that the City would be adopting a mandatory recycling and organics Ordinance by April 1, 2022.
Mr. Forbes explained that SB 1383 requires the diversion of organic waste from landfills to reduce methane emission. Organic waste includes green waste (landscape trimming, plants and wood), food scraps and soiled paper. Cities must comply and strictly enforce their Ordinance starting January 2024. He added that the proposed Ordinance will include new organic waste collection requirements, with Waste Management providing new bins for all customers as part of the updated hauler agreement. He noted that the current ordinance provides for an exclusive hauler for residential but not commercial service; however, the proposed ordinance includes an exclusive hauler clause for residential and commercial services. Existing haulers will be phased out over a five-year period to ensure compliance with reporting and enforcement of SB 1383 standards.
There was Council discussion on whether an urgency Ordinance was warranted and the addition of the "exclusivity clause" to the Ordinance in Section 5.3.070.
Ms. Carrie Baxter, R3 Consulting Group, attending via Zoom, reported that the state requirement was to have an Ordinance by January 1, 2022 and the mechanisms to enforce the ordinance by April 1, 2022. Without the mechanisms in place, the City could be fined up to $10,000 a day by CalRecycle. Additionally, Ms. Baxter reported that the City will not be able to apply for any grants related to SB 1383 implementation without the Ordinance being in effect by April 1, 2022.
Mr. Forbes reported that the State is offering non-competitive grants, based on population, making Westlake Village eligible for a $20,000 grant. When Council adopted the resolution on February 23, 2022, the City indicated to CalRecycle that an Ordinance would be adopted by April 1, 2022.
There was Council discussion on how often urgency ordinances are adopted. City Attorney Boga provided information on Urgency Ordinances. =-l
l
j
City of Westlake Village
OLD BUSINESS (continued):
City Council Minutes
March 23, 2022 9
There was further Council discussion on the five-year phase-out time period for commercial haulers. Mr. Forbes responded that State Law requires the five-year phasing out period for non-exclusive haulers and that staff added this clause to our ordinance to assist with SB 1383 compliance.
With regard to the current Waste Management contract, Mr. Forbes stated that the contract is still in the negotiation process, but Council should be aware that the overall pricing structure for residential and commercial customers is based upon the assumption that they will receive commercial exclusivity in five-years.
Mayor Pro Tern Pearl inquired if removal of the exclusivity section in the ordinance will impact the ability to obtain the best pricing on the waste hauler agreement.
Mr. Forbes indicated that residential and commercial rates would likely be higher without the exclusivity clause because of the economy of scale. City Manager de Geus informed the Council that when the hauler agreement is brought before the Council for approval, the ordinance could be amended, if necessary, to reflect the terms approved by the Council. City Attorney Boga also clarified that the ordinance can be subsequently amended.
Councilmember Mcsweeney moved that Urgency Ordinance No. 290U-22, titled 'An Urgency Ordinance of the City of Westlake Village Regarding Solid Waste Management Chapter 5.3 and Amending the Westlake Village Municipal Code and Declaring the Urgency Thereof be adopted by title only and that further reading be waived. Councilmember Honig seconded the motion.
YES:
NO:
ABSENT:
ABSTAIN:
Councilmembers Mcsweeney, Honig and Mayor Halpern
Councilmember Davis and Mayor Pro Tern Pearl
None
None
City Clerk Mann declared the motion failed as the four-fifths vote wasn't attained.
Councilmember Davis moved that Urgency Ordinance No. 290U-22, titled 'An Urgency Ordinance of the City of Westlake Village Regarding Solid Waste Management Chapter 5.3 and Amending the Westlake Village Municipal Code and Declaring the Urgency Thereof be adopted by title only and that further reading be =
City of Westlake Village
City Council Minutes
March 23, 2022 10
OLD BUSINESS (continued):
waived, with the removal of the "commercial exclusivity clause" located in Section
5.3.070. Mayor Pro Tern Pearl seconded the motion.
YES:
NO:
ABSENT:
ABSTAIN:
Councilmembers Mcsweeney, Honig, Davis, Mayor Pro Tern
Pearl, and Mayor Halpern
None
None
None
Mayor Halpern declared the motion passed 5-0. (Four-Fifth's vote attained) Councilmember Mcsweeney moved that Ordinance No. 291-22, titled 'An Ordinance of the City of Westlake Village Regarding Solid Waste Management Chapter 5.3 and Amending the Westlake Village Municipal Code' be introduced by title only and that further reading be waived, with the removal of the "exclusivity clause" located in Section 5.3.070. Mayor Pro Tern Pearl seconded the motion.
YES:
NO:
ABSENT:
ABSTAIN:
Councilmembers Mcsweeney, Honig, Davis, Mayor Pro Tern
Pearl, and Mayor Halpern
None
None
None
Mayor Halpern declared the motion passed 5-0.
NEW BUSINESS: None
ADJOURNMENT:
Mayor Halpern thanked the City Council for their collaboration tonight. The meeting adjourned at 7:51 p.m.
Brad Halpern, Mayor
Attest:
Antoinette Mann, City Clerk
*Agenda Items heard out of order