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RAY PEARL
Mayor
NED E DAVIS
Mayor Pro Tern
KELLY HONIG
Councilmember
SUSAN McSWEENEY
Council member
BRAD HALPERN
Council member
CALL TO ORDER
MINUTES
Regular Meeting of the City Council
May 10, 2023
This Regular Meeting of the Westlake Village City Council was called to order by Mayor Pearl on Wednesday, May 10, 2023, at 6:30 p.m., at 31200 Oak Crest Drive, Westlake Village.
PLEDGE OF ALLEGIANCE:
Mayor Pearl led the Pledge of Allegiance.
ROLL CALL:
PRESENT:
ABSENT:
Also Present:
Councilmembers Mcsweeney, Honig, and Mayor Pearl
Mayor Pro Tern Davis and Councilmember Halpern
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 Administrative Analyst Mott.
APPROVAL OF AGENDA:
Councilmember Mcsweeney moved to approve the Agenda as presented.
Councilmember Honig seconded the motion.
YES:
NO:
ABSENT:
ABSTAIN:
Councilmembers Mcsweeney, Honig and Mayor Pearl
None
Councilmember Halpern and Mayor Pro Tern Davis
None
Mayor Pearl declared the motion passed 3-Yes; 0-No; 2-Absent (Councilmember Halpern and Mayor Pro Tern Davis)
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City of Westlake Village
APPROVAL OF MINUTES:
City Council Minutes
May 10, 2023 2
Councilmember Honig moved to approve the Minutes of April 26, 2023 Study Session and April 26, 2023 Regular Meeting as presented. Councilmember Mcsweeney seconded the motion.
YES:
NO:
ABSENT:
ABSTAIN:
Councilmembers Mcsweeney, Honig and Mayor Pearl
None
Councilmember Halpern and Mayor Pro Tern Davis
None
Mayor Pearl declared the motion passed 3-Yes; 0-No; 2-Absent (Councilmember Halpern and Mayor Pro Tern Davis)
SPECIAL PRESENTATIONS/CEREMONIAL MATTERS:
1. Presentation - Quarterly Business Recognition - 1st Quarter 2023 - Lantern Masters Inc.
Mayor Pearl and Adam Haverstock, Greater Conejo Valley Chamber of Commerce, made presentations to Lantern Masters Inc. as the 2023 first quarter recipient of the City of Westlake Village/Greater Conejo Valley Chamber of Commerce Business Recognition award. Sharon Olesker expressed her appreciation for the honor and recognition. Jackie and Stuart Olesker shared why Westlake Village was selected for their company's location. Councilmembers congratulated Stuart, Jackie and Sharon Olesker on receiving the 1st Quarter 2023 Business Recognition Award.
PUBLIC COMMENTS:
Prior to the Public speaking, Mayor Pearl reminded the public that since topics being discussed are not on the agenda, City Councilmembers will be taking notes and can only make generic comments to be in compliance with the law. Additionally, Mayor Pearl stated that Councilmember Halpern and Mayor Pro Tern Davis are absent tonight due to prior calendar commitments and are very interested in what the public has to say.
Brian Neiens, Waste Management (WM) - Simi Valley, provided an update on WM's participation at Westlake Village City April Events.
Andrew Suser, Westlake Village, White Oak Elementary School Fence Bonnie Quintaniiia, V\iestiake Viiiage, \tVhite Oak Elementary School Fence Kim Wizer, Westlake Village, White Oak Elementary School Fence Robert Elizarraz, Oak Forest Recovery, Services Provided John Perry, Westlake Village, North Business Park Development Tisha Banker, Westlake Village, White Oak Elementary School Fence Emily Frydrych, Westlake Village, White Oak Elementary School Fence Mariana Sullivan, Westlake Village, White Oak Elementary School Fence Bart Sullivan, Westlake Village, ceded time to Mariana Sullivan l
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May 10, 2023
PUBLIC COMMENTS (continued):
Mark Banker, Westlake Village, White Oak Elementary School Fence Sabrina Pinto, Westlake Village, White Oak Elementary School Fence Theresa Taylor, Westlake Village, White Oak Elementary School Fence Jason Kirkelis, Westlake Village, White Oak Elementary School Fence Rosalind Slingenberg, Westlake Village, White Oak Elementary School Fence Charmain Yambao, Westlake Village, White Oak Elementary School Fence 3 All the public speakers that spoke about the White Oak Elementary Fence expressed concerns about the School District Fencing plan.
Handouts received for the record from Brian Neiens and John Perry; received by City Clerk Mann.
COUNCIL RESPONSE:
Councilmember Mcsweeney thanked the public for speaking about White Oak Elementary school, stating the school is very near and dear to her heart. She mentioned that the City Council will do its best to work with the School District to make the fence a collaborative project.
Councilmember Honig stated that City Council has only known about the fence for a few days. The safety of the children is a top priority, and the City will do what we can to work together with the School District on the fencing plans. Lastly, she thanked the public for speaking to City Council about the White Oak Elementary School fence.
Mayor Pearl stated the White Oak Elementary School fence is a priority for the City Council. The fence project should involve the community and address community input and concerns. City Council will work with the School District on this project.
STAFF COMMENTS:
City Manager de Geus stated the City has not received any official plans for the fencing of White Oak Elementary School, and only recently learned about anticipated fencing work the School District is planning to do. Mr. de Geus said the City cares deeply about school safety and he also spoke about the unique White Oak Elementary School setting, that is open and blended with the neighborhood park that should be considered.
Mr. de Geus acknowledged that although the City has little control over School District land use projects due to state laws, historically, the two entities work together collaboratively. In an effort to work with the School District on this matter, a meeting with the School District Superintendent and two School Board Members, City Staff, and Councilmember Halpern and Mayor Pearl is scheduled for Monday, May 15, 2023. 7 City of Westlake Village
STAFF COMMENTS (continued):
City Council Minutes
May 10, 2023 4
City Manager de Geus highlighted the upcoming North Santa Monica Bay State of the Watershed event, May 11, 2023 , 4:30 - 5:30 p.m. at Las Virgenes Municipal Water District headquarters. He reminded residents of the Malibu/Lost Hills Sheriff's Station 1 Open House, May 13, 2023 , 9:00 am - 2:00 p.m. and announced the Coffee with a Deputy event on May 16, 2023, 4:00 - 6:00 p.m. at The Stonehaus.
Lastly, Mr. de Geus highlighted City Council meeting topics for May 24, 2023, COUNCIL COMMENTS: None
CITY COUNCIL COMMITTEE REPORTS:
1. ADMINISTRATIVE COMMITTEE REPORT - LEGISLATIVE PLATFORM AND
GUIDELINES
Deputy City Manager Eskandar reported that the Administrative Committee (Pearl/Davis) met on April 10, 2023 to discuss the City's legislative platform and accompanying guidelines. Mr. Eskandar provided background information, stating that pursuant to an adopted City Council 2021 goal, staff worked with the Administrative Committee to develop the City's first formal legislative platform for adoption. Following Committee and full City Council meetings, policy focus areas were identified and aligned with the City's values, goals, and needs including local control, public safety, fiscal responsibility, contract city authority, environment and sustainability, and technology. On February 10, 2021, the City Council adopted the current Legislative Platform, followed by the adoption of the guidelines and principles on April 14, 2021. Deputy City Manager Eskandar stated that as part of a 2023 City Council goal, staff was directed to revisit the City's Legislative Platform to ensure its relevance for the new legislative session in Sacramento.
Deputy City Manager Eskandar reported that at the April 10, 2023 Administrative Committee meeting, the City's legislative consultants from Renne Public Law Group provided an overview of the current legislative session in Sacramento. They reported a total of 2,757 pieces of legislation were introduced this session, of which 40% were spot bills, meaning their full language has yet to be introduced and their full content is unknown at this time. In reviewing the City's current legislative platform and accompanying guidelines, neither City staff nor the City's consultants recommended any changes be made at this time.
City Council discussion noted the importance of the legislative platform as a tool and the benefit of using it at the Council of Governments.
City Council received the report. No action was taken by City Council. l
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CITY COUNCIL COMMITTEE REPORTS (continued):
2. COMMUNITY SERVICE GRANT FUNDS ADVISORY COMMITTEE REPORT - 2023 COMMUNITY SERVICE GRANT RECOMMENDATIONS
Administrative Analyst Mott provided the recommendations made by the Community Service Grant Funds Advisory Committee (Committee) for the 2022- 23 community service grant fund awards. He provided a historical perspective, stating since 1995 the City Council has annually allocated General Fund monies for direct support of local community non-profit organizations and schools, and again this current fiscal year, allocated $100,000. Mr. Mott said the responsibility for reviewing grant applications and making award recommendations to the City Council falls within the purview of the City Council appointed Committee. Each City Councilmember appoints one member, a resident of the city, to the Committee who then serves one-year terms and may be reappointed for a total of three terms. The Committee also includes the two members of the City Council who serve on the standing Cultural Recreation Subcommittee, Mayor Pro-Tern Davis and Councilmember Mcsweeney. He acknowledged the efforts of the five currently serving resident members appointed by the City Council; Gladys Lopez, Kim Brockman, Abel Pomar, Marty Blumenthal, and Christine Wong.
Mr. Mott reported that a total of 27 applications were received from various organizations and the total amount of funds requested by all applicants was $163,825. The Committee met on April 5, 2023 to review the applications and funding requests. During the meeting, staff asked that Committee members disclose any affiliations they may have with any of the applicants seeking funding.
Disclosures included:
• Committee member Marty Blumenthal disclosed that he is a volunteer board member of Conejo Valley Senior Concerns and receives no compensation from that organization.
• Committee Member Gladys Lopez disclosed that she is a volunteer board member on the White Oak Elementary Parent Faculty Association.
Neither Mr. Blumenthal nor Ms. Lopez participated in any discussions relating to either of the organizations with whom they had affiliations.
During the Committee's review of applications, the priorities of the Committee were funding applicants who had a proven track record of successful programming that benefited Westlake Village residents and a history of partnership with the City. The Committee also emphasized the value of how many Westlake Village residents would be direct beneficiaries of the programs that would be funded through the grants.
Following the conclusion of the meeting, the Committee reached a consensus on the amount to fund each organization as summarized below:
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May 10, 2023
CITY COUNCIL COMMITTEE REPORTS (continued):
Schools
Agoura High School Music Boosters Club
Program Grant
Agoura High School Parent-Faculty Club
Las Virgenes Unified School District Libraries
Lindero Canyon Middle School
White Oak Elementary School
Willow Elementary Parent Faculty Association
TOTAL FOR SCHOOLS
Community Organization
Boys & Girls Clubs of Greater Conejo Valley
California Wildlife Center
Cancer Support Community
ValleyNentura/Santa Barbara
Conejo Chinese Cultural Association
Conejo Free Clinic
Conejo Hospice, Inc.
Conejo/Las Virgenes Future Foundation
Conejo Valley Senior Concerns - Meals on
Wheels
Fit 4 The Cause
Healthcare for Homeless Animals
Kingsmen Shakespeare Company
Livingston Memorial Visiting Nurse
Association
Manna Conejo Valley Food Bank
Many Mansions
Southeast Ventura County YMCA
Westlake Village Symphony
Conejo Oaks Symphony
Los Robles Children's Choir
Loving Home Hospice for Children
The Naslund and Naslund Foundaiion
Santa Monica Mountains Fund
TOTAL FOR COMMUNITY
ORGANIZATIONS
GRAND TOTAL FOR GRANTS
Requested Recommended
$7,000 $3,300
$1,000 $0
$5,000 $0
$21,700 $16,500
$22,500 $20,200
$5,000 $0
$40,000
Requested Recommended
$7,500 $7,500
$500 $400
$8,000 $7,500
$3,000 $0
$5,000 $4,600
$10,000 $9,700
$5,000 $0
$15,000 $15,000
$2,000 $0
$1,000 $500
$2,125 $400
$5,000 $1,800
$3,500 $3,500
$2,500 $2,000
$10,000 $2,900
$2,000 $1,800
$5,000 $0
$5,000 $0
$1,500 $400
$5,000 $0
$3,000 $2000
$60,000
$100,000
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May 10, 2023
CITY COUNCIL COMMITTEE REPORTS (continued):
Public Speaker:
Janet Young, Senior Concerns
Email Comments (Posted online in the Supplemental Packet):
Susan M. Murata, Hospice of the Conejo
7 City Councilmembers thanked the Committee members for their work on the grants, noting the amount of funds that benefit the schools and community organizations, and thanked staff for their work at the Committee meeting.
Councilmember Mcsweeney moved that the City Council approve award of the 2023 Community Services Grant Funds as recommended by the Community Services Grant Advisory Committee. Councilmember Honig seconded the motion.
YES:
NO:
Councilmembers Mcsweeney, Honig and Mayor Pearl
None
ABSENT: Councilmember Halpern and Mayor Pro Tern Davis
ABSTAIN: None
Mayor Pearl declared the motion passed 3-Yes; 0-No; 2-Absent (Councilmember Halpern and Mayor Pro Tern Davis)
PUBLIC HEARINGS: None
CONSENT CALENDAR:
Councilmember Honig moved to approve the Consent Calendar. Councilmember Mcsweeney seconded the motion.
YES:
NO:
ABSENT:
ABSTAIN:
Councilmembers Mcsweeney, Honig and Mayor Pearl
None
Councilmember Halpern and Mayor Pro Tern Davis
None
Mayor Pearl declared the motion passed 3-Yes; 0-No; 2-Absent (Councilmember Halpern and Mayor Pro Tern Davis)
APPROVAL OF WARRANTS: Warrants effective May 1, 2023 in the amount of $1,417,043.16
City of Westlake Village
OLD BUSINESS:
City Council Minutes
May 10, 2023 8
1. INTRODUCTION OF ORDINANCE REGULATING DRONE/UNMANNED
AIRCRAFT SYSTEMS: ORDINANCE 302-23
Administrative Analyst Mott introduced Ordinance No. 302-23 to amend the Westlake Village Municipal Code to regulate Drone or Unmanned Aircraft Systems in the City of Westlake Village. Mr. Mott said the popularity of Drones or Unmanned Aircraft Systems (UAS) has risen over the past decade; with more drones in the air, concerns over safety and privacy have arisen among residents in communities across California.
Mr. Mott noted that at the September 14, 2022 City Council meeting, a resident of the Canyon Oaks neighborhood spoke during Public Comments about concerns from the neighborhood stemming from drone use in Canyon Oaks Park. In response to resident comments, City Council directed staff to research the topic and work with the Administrative Committee for possible recommendations. The item was then presented to the Administrative Committee at their November 10, 2022 meeting. A report summarizing the discussion which took place at the Administrative Committee meeting was then presented to the full City Council at their January 25, 2023 meeting. At this meeting, the City Council directed staff to begin drafting an ordinance regulating drone use in Westlake Village with respect to the Federal Aviation Administration's (FAA) existing laws and regulations that govern the use of drones in the air, operator licensing, and registration. City Council's direction to staff requested an ordinance that would regulate drone use to the full extent possible and be legally defensible with respect to the complex legal framework that currently exists.
Administrative Analyst Mott stated that staff sought to craft an ordinance that supplements existing federal and state laws with local police power regulations related to land use, zoning, privacy, trespassing and law enforcement operations.
In addition, the proposed regulations are intended to protect the health, safety and welfare of the City's residents, workers and visitors by addressing specific areas of concern where a drone could cause harm or injury.
The proposed ordinance is designed to regulate drone use by prohibiting:
• Takeoff and landing of drones in any City Parks and sidewalks adjacent to City Parks.
• Drone use with firearm; ammunition; an incendiary device; an explosive; a flamethrower; fireworks; a water bomb; or any other item capable of causing bodily injury, death, or property damage.
• Takeoff, landing, or operation of a UAS within a 1,000-foot horizontal distance of any emergency vehicle that is operating with lights or sirens as well as the scene of an emergency.
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OLD BUSINESS (continued):
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May 10, 2023 9
• Drone operations for the purpose of surveillance unless permitted by law or court order.
• Drone use in a manner that is intended to or actually serve to frighten, harass, injure, intimidate, or threaten an individual.
• Drone operations that capture, record, or transmit any visual image or audio recording of an individual or private property in any circumstance in which an individual or the property owner has a reasonable expectation of privacy. • Drone operations below 300 feet at any City events.
• Any drone operations over the airspace of any City fireworks show.
Mr. Mott reported that the proposed ordinance also requires any drone operator who injures another individual to report the location of the incident and the operator's name and address to the Los Angeles County Sheriff's Department. Any drone user that causes property damage must provide the owner of the damaged property with their name and address and include a statement of the circumstances of the incident that led to the damages. If the owner of the property that has been damaged cannot be reached, the operator shall leave the previously mentioned information in a location on the damaged property and provide the same information to the Sheriff's Department within 24 hours.
This ordinance exempts drone use by public agencies, law enforcement agencies, or public safety agencies as well as public aircraft operation with authorization by the FAA.
City Council inquired if the proposed ordinance was as restrictive as possible. City Attorney Boga reported that the proposed ordinance is very aggressive, addressing FAA and case law.
Councilmember Honig moved to waive the full reading and introduce Ordinance No. 302-23 by title only. Councilmember Mcsweeney seconded the motion.
YES:
NO:
ABSENT:
ABSTAIN:
Councilmembers Mcsweeney, Honig and Mayor Pearl
None
Councilmember Halpern and Mayor Pro Tern Davis
None
Mayor Pearl declared the motion passed 3-Yes; 0-No; 2-Absent (Councilmember Halpern and Mayor Pro Tern Davis)
ORDINANCE NO. 302-23 - AN ORDINANCE OF THE CITY OF WESTLAKE VILLAGE
REGARDING SMALL UNMANNED AIRCRAFT SYSTEMS, AMENDING THE WESTLAKE VILLAGE MUNICIPAL CODE ADDING CHAPTER 4.12 AND APPROVING A CEQA
EXEMPTION DETERMINATION
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City of Westlake Village
NEW BUSINESS:
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May 10, 2023 10
1. AWARD OF CONTRACT TO CLEANSTREET FOR CITYWIDE STREET
SWEEPING
City Engineer Hughes introduced the item requesting an award of contract to Cleanstreet for citywide street sweeping. Ms. Hughes provided background information on the length of time the city has contracted with CleanStreet. On February 7, 2023, the City issued a Request for Proposals (RFP) for citywide street sweeping services. In 2021, CleanStreet was aquired by Sweeping Corporation of American (SCA). On March 8, 2023, the City Engineer issued an addendum to the Request For Proposal (RFP) that provided responses to bidders' questions. The addendum information did not change the scope or terms of the RFP, and primarily clarified information in the published RFP.
On March 15, 2023, the City received one proposal before the 4:00 p.m. closing time from SCA which included a significant cost escalation over the existing contract of approximately 65%. Through contract negotiations, CleanStreet agreed to add the 24-hour emergency to the scope of work into the new contract using existing contract pricing plus an annual escalation based on the Consumer Price Index (CPI).
Staff recommended a one-year contract with CleanStreet LLC with two extension periods, up to two-years each.
Councilmember Honig moved that the City Council award a street sweeping contract with CleanStreet and authorize the Mayor to sign this service contract on behalf of the City. Councilmember Mcsweeney seconded the motion.
YES:
NO:
ABSENT:
ABSTAIN:
Councilmembers Mcsweeney, Honig and Mayor Pearl
None
Councilmember Halpern and Mayor Pro Tern Davis
None
Mayor Pearl declared the motion passed 3-Yes; 0-No; 2-Absent (Councilmember Halpern and Mayor Pro Tern Davis)
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ADJOURNMENT:
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May 10, 2023 11
Mayor Pearl announced tonight's meeting is adjourned in memory of Pat McDonough.
Councilmember Mcsweeney spoke about Pat McDonough and expressed sympathy to the McDonough family.
Mayor Pearl Announced the next City Council meeting will be held on May 24, 2023 at 6:30 p.m. Meeting adjourned at 8:20 p.m.
Attest:
Antoinette Mann, City Clerk