CITy
BRAD HALPERN RAY PEARL NED E DAVIS KELLY HONIG SUSAN MCSWEENEY Mayor Mayor Pro Tem Councilmember Councilmember Councilmember
MINUTES
Joint Meeting of the City Council and Westlake Village
Library Facilities Corporation
May 11, 2022
CALL TO ORDER: 6:30 p.m.
This Joint Meeting of the Westlake Village City Council and the Westlake Village Library Facilities Corporation was called to order by Mayor/President Halpern on Wednesday, May 11, 2022, at 6:30 p.m., at 31200 Oak Crest Drive, Westlake Village.
PLEDGE OF ALLEGIANCE:
Mayor/Chair Halpern led the Pledge of Allegiance.
ROLL CALL:
PRESENT: Council and Board Members McSweeney, Honig, Davis, Mayor Pro Tem/Vice President Pearl, and Mayor/President Halpern
ABSENT: None
Also Present: City Manager/ Executive Officer de Geus, City Attorney Boga, Deputy City Manager Eskandar, Administrative Services Director Wilson, Planning Director Forbes, City Treasurer/Chief Financial Officer Biery, Deputy City Clerk Kramer, Senior Planner Sinkula, and Community Services Specialist Roush.
APPROVAL OF AGENDA:
Council and Board Member McSweeney moved to approve the Agenda as presented.
Council and Board Member Honig seconded the motion.
YES: Council and Board Members McSweeney, Honig, Davis, Mayor Pro Tem Pearl/Vice President, and Mayor/President Halpern
NO: None
ABSENT: None
ABSTAIN: None
Mayor/President Halpern declared the motion passed 5-0.
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APPROVAL OF MINUTES:
Councilmember Davis moved to approve the Minutes of April 27, 2022 Study Session and the April 27, 2022 Regular City Council Meeting. Councilmember MoSweeney seconded the motion.
YES: Councilmembers McSweeney, Davis, Mayor Pro Tem Pearl, and Mayor Halpern
NO: None
ABSENT: None
ABSTAIN: Councilmember Honig
Councilmember Honig was not in attendance at the Study Session or Regular City Council meeting on April 27, 2022.
Mayor Halpern declared the motion passed 4-Yes, O-No, 1-Abstain (Councilmember Honig).
SPECIAL PRESENTATIONS/CEREMONIAL MATTERS:
Mayor Halpern presented a Certificate of Recognition to Lake Operations Manager Carl Koenig for his service with the Westlake Lake Management Association. Mr. Koenig expressed his appreciation for the honor. Councilmembers thanked Mr. Koenig and commented on his accomplishments.
JOINT PUBLIC COMMENTS: None
COUNCIL RESPONSE: None
STAFF COMMENTS:
City Manager de Geus introduced new staff member, Community Services Specialist Kaitlyn Roush and stated that she will be running the City's special events and parks and recreation programs. Ms. Roush provided a brief overview of her background.
Councilmembers welcomed her.
COUNCIL COMMENTS:
Councilmember Davis reported attending the Southern California Council of Governments (SCAG) annual conference which focused on broadband, housing, and transportation.
Mayor Halpern reported that on May 7, 2022, the Pam's Run event was held in the City benefiting pancreatic cancer research where the City was presented with an award recognizing its commitment to Pam's Run and to transforming pancreatic cancer into a City Council Minutes
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COUNCIL COMMENTS (continued):
curable disease. Mayor Halpern also mentioned that two weeks ago was the 54th anniversary of the opening day for the Westlake Village Yacht Club and commented on the pageantry of the event.
Councilmember McSweeney explained how the Pam's Run event started in the memory of a Westlake Village resident and the significance of its tradition.
JOINT MEETING AGENDA ITEM:
1. 2022 REFUNDING CERTIFICATES OF PARTICIPATION
City Manager/Executive Director de Geus introduced the item which provided a report on proposed financing in which the 2022 Certificates of Participation (COPs) would be executed and delivered to refund the City's 2015A COPs. Administrative Services Director Wilson provided an overview of each consulting organization and introduced the assembled members of the finance team: Thomas Jacobs, Stifel; Juan Galvan, Jones Hall; Lolly Enriquez, City Attorney with Richards, Watson, Gershon, and staff team which included herself along with City Manager/ Executive Director Rob de Geus, and City Treasurer/Chief Financial Officer Robert Biery.
Tom Jacobs, Stifel, explained the history of the City's financing and refinancing process. He explained the outstanding debt, Series 2015A COPs, and that there is currently an opportunity to refinance the COPs for savings. Mr. Jacobs discussed two options to refinance the 2015A COPs, Public Offering and Private Placement, and provided a summary and explanation of the differences between each option.
Mr. Jacobs stated they are proposing the Private Placement option and if the City Council and Board of Directors of the Corporation adopt the resolutions tonight, the refunding COPs would close in early June 2022.
Mayor Pro Tem Pearl moved that the City Council adopt Resolution No. 2257-22, titled "A Resolution of the City Council of the City of Westlake Village Authorizing the Execution, Sale and Delivery of Certificates of Participation in the Aggregate Principal Amount Not To Exceed $15,000,000, Authorizing and Directinc -xecution of Related Lease Financing Documents, an Escrow Deposit and Trust City Council Minutes
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JOINT MEETING AGENDA ITEM (continued):
Agreement, and a Placement Agent Agreement, and Authorizing Official Actions.
Councilmember Davis seconded the motion.
YES: Councilmembers McSweeney, Honig, Davis, Mayor Pro Tem Pearl, and Mayor Halpern
NO: None
ABSENT: None
ABSTAIN: None
Mayor Halpern declared the motion passed 5-0.
Member McSweeney moved that the Westlake Village Facilities Corporation Board adopt Resolution No. 005-22, titled 'A Resolution of the Board of Directors of the Westlake Village Library Facilities Corporation Authorizing the Execution, Sale and Delivery of Certificates of Participation in the Aggregate Principal Amount Not To Exceed $15,000,000, Authorizing and Directing Execution of Related Lease Financing Documents, an Escrow Deposit and Trust Agreement, and Authorizing Official Actions. Board Member Honig seconded the motion.
YES: Board Members McSweeney, Honig, Davis, Vice President Pearl, and President Halpern
NO: None
ABSENT: None
ABSTAIN: None
President Halpern declared the motion passed 5-0.
The joint Westlake Village City Council and the Westlake Library Facilities Corporation meeting concluded adjourning back to the Westlake Village City Council Meeting.
CITY COUNCIL COMMITTEE REPORTS: None
PUBLIC HEARINGS:
PUBLIC HEARING FOR CONDITIONAL USE PERMIT NO. 14-011
MODIFICATION 2; RESOLUTION NO. 2259-22
City Manager de Geus introduced the item and Planning Director Forbes presented the request to adopt a Resolution approving Modification 2 to Conditional Use Permit (CUP) No. 14-011 to authorize the sale of alcoholic City Council Minutes
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PUBLIC HEARINGS (continued):
beverages in conjunction with a restaurant and the operation of a cocktail lounge and private event space at 30760 Russell Ranch Road, Suites C and D.
Planning Director Forbes presented staff's report providing background of the City Council approved CUP No. 14-011 on June 25. 2014 in conjunction with two full service restaurants, Olio e Limone Restaurant in Suite C and Olio Pizzeria in Suite D. Mr. Forbes stated that both restaurants ceased operation, but the CUP remained valid because it is tied to the property. In June 2018, 101 North Eatery opened in Suite D. In 2019, a five-year CUP extension was approved for both Suites C and D. In June 2021, the applicant and owner of 101 North Eatery, opened the Bamboo Room lounge and private event space in Suite C without a CUP modification. Mr. Forbes stated a CUP is required for "bars and cocktail lounges", and CUP 14-011 authorizes the sale of alcoholic beverages only in conjunction with a restaurant. He noted that approving the subject request would make the CUP consistent with the business operation.
Mr. Forbes stated this modification request will also approve removeable outdoor dining/lounge areas permanently; approve the Bamboo Room as a lounge and private event space. The lounge will have walk-up bar and table bottle service Thursday - Saturday from 8 pm - 2 am. Private event space can be any daytime hours and Wednesday - Sunday evening hours as used for events.
Staff recommended the following conditions as part of the CUP:
• Alcohol service policy
• Security plan including security guards and surveillance cameras No amplified sound outdoors
No live entertainment except DJ
• Last call 30 minutes before closing
• Ability to call up CUP for modification or revocation in the event of excessive noise complaints or law enforcement calls for service.
On March 2, and April 6, 2022, the Land Use Committee (Pearl/Honig) reviewed the request and recommended the matter move forward to the full City Council for consideration, requested that the applicant prepare and submit the alcohol service policy prior to the City Council meeting and that the request be approved subject to the recommended conditions of approval. Mr. Forbes noted that the alcohol service policy is attached to the staff report,
Planning Director Forbes responded to Councilmember questions regarding: if there are comparable establishments in the City staying open until 2 a.m. and could a Temporary Use Permit be used for events desiring live music. Mr. Forbes responded that no other business has a CUP for this type of operation. Mr. Forbes stated that the current conditions will not allow for any live music.
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PUBLIC HEARINGS (continued):
Jeffrey Helfer, applicant, addressed the City Council, introduced himself and partner Anthony Alaimo, and expressed his appreciation to staff and the committee for the opportunity to submit the modification application for consideration. He provided an overview of his background and historical perspective of their business development and timeline of plans at the Shoppes of Westlake Village.
Councilmember Pearl commented that Mr. Helfer was very responsive to the Land Use Committee concerns such as noise, hours of operation, and Sheriff Department calls and appreciated his approach to the City and treatment of staff Councilmembers expressed concerns regarding the 2:00 a.m. closing time, over- serving in a lounge and noise complaints, and inquired on the level of involvement by the Selleck group. Applicant Jeffrey Helfer addressed Councilmember questions informing that since opening a new security company has been hired, a general manager and is working with the Sheriff Department to ensure they are responsible business owners. Councilmember Honig noted there was a new General Manager, added security, and that all concerns were addressed. Mr.
Forbes stated that he communicated with Mr. Selleck about this CUP.
Councilmember Honig moved that the City Council adopt Resolution No. 2259-22, titled 'A Resolution of the City Council of the City of Westlake Village Approving Modification 2 to Conditional Use Permit No. 14-011 to authorize the sale of alcoholic beverages in conjunction with a restaurant and the operation of a cocktail lounge and private event space at 30760 Russell Ranch Road, Suites C and D.
Councilmember Davis seconded the motion.
YES: Councilmembers McSweeney, Honig, Davis, Mayor Pro Tem Pearl, and Mayor Halpern
NO: None
ABSENT: None
ABSTAIN: None
Mayor Halpern declared the motion passed 5-0.
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City of Westlake Village May 11, 2022
PUBLIC HEARINGS (continued):
2. INTRODUCTION OF ORDINANCE AMENDING CHAPTER 9.21 OF THE
WESTLAKE VILLAGE MUNICIPAL CODE PERTAINING TO OAK TREE AND HERITAGE TREE PRESERVATION STANDARDS; ORDINANCE NO. 292-22 City Manager de Geus introduced the item and Senior Planner Sinkula provided staffs report which recommended the City Council introduce Ordinance No. 292- 22 to amend Chapter 9.21 of the Westlake Village Municipal Code pertaining to oak tree and heritage tree preservation standards. Ms. Sinkula stated the proposed amendments would increase the functionality of the standards to better protect oak trees and heritage trees, align exemption categories and required findings with typical permit requests, and clarify requirements for permit applications and the enforcement process.
Senior Planner Sinkula discussed the substantive changes in the following categories:
a. Definitions
b. Exemptions
c. Administrative Tree Permit
d. Permit Application
e. Hearing and Noticing
f. Findings
g. Enforcement
On April 6, 2022, the Land Use Committee (Pearl/Honig) reviewed the proposed ordinance, expressed support for the recommended revisions to Chapter 9.21, and directed staff to create a process by which straightforward permit requests could be processed administratively. The Committee recommended that the proposed ordinance move forward to a public hearing.
Councilmembers expressed appreciation to the Planning Department for initiating the ordinance change to streamline the process and provide efficiency for staff and residents.
Staff responded to Council questions regarding clarification on permit requirements for oak tree trimming,
and violations, or als of eraties, tre reprement cite it mey Bioga damined that the maximum misdemeanor penalty is set by State law.
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PUBLIC HEARINGS (continued):
Mayor Pro Tem Pearl moved that Ordinance No. 292-22, titled 'An Ordinance of the City of Westlake Village Regarding Oak Tree and Heritage Tree Preservation Standards Chapter 9.21 and Amending the Westlake Village Municipal Code' be introduced by title only and that further reading be waived. Councilmember Honig seconded the motion.
YES: Councilmembers McSweeney, Honig, Davis, Mayor Pro Tem Pearl, and Mayor Halpern
NO: None
ABSENT: None
ABSTAIN: None
Mayor Halpern declared the motion passed 5-0.
CONSENT CALENDAR:
Councilmember Davis moved to approve the Consent Calendar. Councilmember McSweeney seconded the motion.
YES: Councilmembers McSweeney, Honig, Davis, Mayor Pro Tem Pearl, and Mayor Halpern
NO: None
ABSENT: None
ABSTAIN: None
Mayor Haipern declared the motion passed 5-0.
APPROVAL OF WARRANTS: Warrants effective May 15, 2022 the amount of $645,681.60.
GENERAL BUSINESS:
ASSEMBLY BILL 361 FINDINGS FOR SPECIAL BROWN ACT
REQUIREMENTS FOR TELECONFERENCE MEETINGS - Made findings so that teleconference meetings of the City Council and the City's committees can continue to be conducted pursuant to the AB 361 special Brown Act requirements: the City Council has reconsidered the circumstances of the COVID-19 state of emergency; and State and local officials continue to recommend measures to promote social distancing.
City Council Minutes
City of Westlake Village May 11, 2022
CONSENT CALENDAR (continued):
2. CONSIDERATION OF BRIGHTVIEW CONTRACT AMENDMENT NO. 5
FOR PARK PERIMETER LANDSCAPE AND IRRIGATION
MAINTENANCE - City Council approved a contract amendment with BrightView extending the term of the agreement on a month-to-month basis at the current compensation of $23,210 per month; and authorized the Mayor to execute the contract amendment on behalf of the City.
CONSIDERATION OF AMENDMENT NO. 3 FOR THE LANDSCAPE AND
IRRIGATION MAINTENANCE AGREEMENT WITH AMERICAN
HERITAGE LANDSCAPE - City Council approved a contract amendment with American Heritage extending the term of the agreement on a month- to-month basis at the current compensation of $36,181 per month; and authorized the Mayor to execute the contract amendment on behalf of the City.
ACCEPTANCE OF THE TRAFFIC SIGNAL POLE PAINTING PROJECT, PHASE 1 - City Council appropriated $36,784 from Lighting Assessment District No. 1 for the Traffic Signal Pole Painting, Phase 1 Project; accepted the 2021 Traffic Signal Pole Painting, Phase 1 Project; and authorized the City Clerk to execute and record a "Notice of Completion" on behalf of the OLD BUSINESS: None
NEW BUSINESS:
INTRODUCTION OF ORDINANCE AMENDING ARTICLE 10 OF THE
WESTLAKE VILLAGE MUNICIPAL CODE REGARDING SUBDIVISION
REGULATIONS: ORDINANCE NO. 293-22
City Manager de Geus Introduced the item and Planning Director Forbes provided staff's report recommending the City Council introduce Ordinance No. 293-22 to amend Article 10 of the Westlake Village Municipal Code (WVMC) pertaining to subdivision regulations. Mr. Forbes stated the proposed ordinance would re-adopt by reference the Los Angeles County (County) Subdivision Ordinance as the Subdivision Ordinance of the City of Westlake Village, with certain amendments and additions.
Mr. Forbes stated the amendments will include:
1. Special assessment districts for Bridge and Thoroughfare Construction fees are carried over from the current code.
2. Vesting maps are no longer necessary
3. A new amendment pertaining to Lot Line Adjustments was added to clarify the City process.
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NEW BUSINESS (continued):
Mr. Forbes noted a change that will need to be part of the motion, that a special public hearing is required for codes adopted by reference and will occur in conjunction with the ordinance second reading on June 8, 2022.
Councilmember Davis asked for clarification of public hearing noticing and the special provision of State law when adopting code by reference and when the ordinance takes effect after the second reading.
Councilmember McSweeney moved that Ordinance No. 293-22, titled 'An Ordinance of the City of Westlake Village adopting by reference Title 21 and Chapter 22.170 of Title 22 of the Los Angeles County Code, together with certain amendments, additions, and fees, and amending the Westlake Village Municipal Code' be introduced by title only and that further reading be waived, and set a public hearing for June 8, 2022 in conjunction with the ordinance second reading.
Councilmember Honig seconded the motion.
YES: Councilmembers McSweeney, Honig, Davis, Mayor Pro Tem Pearl, and Mayor Halpern
NO: None
ABSENT: None
ABSTAIN: None
Mayor Halpern declared the motion passed 5-0.
ADJOURNMENT
The meeting adjourned at 8:06 p.m.
Bad dals
Brad Halpern, Mayor
Attest:
Antoinette hans
Antoinette Mann, City Clerk