CROTEST ARE DIETER
RAY PEARL NED E DAVIS KELLY HONIG SUSAN MSWEENEY BRAD HALPERN Mayor Mayor Pro Tem Councilmember Councilmember Councilmember
MINUTES
Regular Meeting of the City Council
September 13, 2023 - 6:30 p.m.
CALL TO ORDER:
This Regular Meeting of the Westlake Village City Council was called to order by Mayor Pearl on Wednesday, September 13, 2023, at 6:35 p.m., at 31200 Oak Crest Drive, Westlake Village.
PLEDGE OF ALLEGIANCE:
Mayor Pearl led the Pledge of Allegiance.
ROLL CALL:
PRESENT: Councilmembers Halpern, McSweeney, Honig, Mayor Pro Tem Davis, and Mayor Pearl
ABSENT: None
Also Present: City Manager de Geus, City Attorney Boga, Assistant City Manager Wilson, Planning Director Forbes, City Clerk Mann, City Engineer Hughes, City Traffic Engineer Wessel, Senior Planner Sinkula, Administrative Analyst Mott, Deputy City Clerk Kramer, and Administrative Assistant Olkes.
APPROVAL OF AGENDA:
Councilmember Halpern moved to approve the Agenda as presented. Mayor Pro Tem Davis seconded the motion.
YES: Councilmembers Halpern, McSweeney, Honig, Mayor Pro Tem Davis, and Mayor Pearl
NO: None
ABSENT: None
ABSTAIN: None
Mayor Pearl declared the motion passed 5-0.
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City of Westlake Village September 13. 2023 2
APPROVAL OF MINUTES:
Councilmember McSweeney moved to approve the Minutes of the July 26, 2023 Regular City Council Meeting as presented. Councilmember Honig seconded the motion.
YES: Councilmembers Halpern, McSweeney, Honig, Mayor Pro Tem Davis, and Mayor Pearl
NO: None
ABSENT: None
ABSTAIN: None
Mayor Pearl declared the motion passed 5-0
SPECIAL PRESENTATIONS/CEREMONIAL MATTERS:
Presentation from Las Virgenes Municipal Water District on the Water Line Breaks at Lindero Canyon Road and Agoura Road
John Zhao, Director of Facilities and Operations for Las Virgenes Municipal Water District (LVMWD) presented an overview of the Lindero Canyon Road and Agoura Road water main break on August 6, 2023 and the steps involved with repairing, repaving, and reopening the intersection on August 9, 2023.
City Council thanked Mr. Zhao for the prompt and fast action taken by LVMWD and their staff on the water main break.
PUBLIC COMMENTS: None
COUNCIL RESPONSE: None
STAFF COMMENTS:
City Manager de Geus provided a summer wrap-up of Saturday Concerts in the Park, TGIF Concerts, July 4th Parade, Movie in the Park, Summer Camps and National Night Out. Mr. de Geus highlighted the upcoming City Celebration (Saturday, October 14, 2023 from 3:00 - 8:00 p.m. at the Westlake Village Civic Center) and the Waste Management Shred Day (October 28, 2023 from 9:00 a.m. to 1:00 p.m.) where Westlake Village residents can shred up to four bags or boxes of paper items.
Mr. de Geus proudly announced the City launched its official Instagram account and encouraged residents to follow the City @CityofWLV on Instagram.
Mr. de Geus provided an update on the White Oak Elementary School Fence stating the School District (LVUSD) continues with their fencing plans, noting the earliest fencing construction will begin is Summer 2024. LVUSD is working with an architect on the fence design, allowance for increased setbacks with additional green belt space, and keeping City Council Minutes
City of Westlake Village September 13. 2023 3
STAFF COMMENTS (continued):
the fence to six feet in height. LVUSD and the City are in discussion to formulate a Facilities Use Agreement intended to make the field available to the public during non- school hours. A future Working Group meeting date has not yet been set.
COUNCIL COMMENTS: None
CITY COUNCIL COMMITTEE REPORTS: None
PUBLIC HEARINGS:
1. CONDITIONAL USE PERMIT NO. 23-005; RESOLUTION NO. 2316-23 Mayor Pearl opened the public hearing. Senior Planner Sinkula presented a request to authorize the sale of beer, wine, and distilled spirits for onsite and offsite consumption in conjunction with the operation of a new restaurant located in Suites 601 and 602 of the Lindero Oaks commercial center at 31149 Via Colinas.
Providing background, Senior Planner Sinkula stated the applicant is proposing to provide indoor seating for 76 patrons across both suites and outdoor seating for an additional 24 patrons on an existing 638 square-foot outdoor patio that faces Via Colinas. In total, the applicant is proposing a maximum of 100 patrons.
Additionally, the applicant intends to have approximately 15 employees onsite at any given time. The applicant is proposing hours of operation from 9 a.m. to midnight seven days per week, but the anticipated peak time of use will be in the evenings. Accordingly, the subject use will have access to sufficient parking to meet the proposed demand during the anticipated peak use hours.
On July 19, 2023, the Land Use Committee (Davis/Honig) reviewed the CUP request and recommended that the request move forward to a public hearing.
Ms. Sinkula addressed the potential parking concern noted in the email comment. stating she spoke with the applicant and suggested that as an added condition, all staff should be required to park behind the building.
Applicants Diana Brigitt and Hadu Zarif addressed the City Council and agreed with the proposed condition to require staff to park behind the building.
Email Comment: 1 email for Public Hearing No. 1 (Posted online in the Supplemental Packet)
Supplemental Packet: See Supplemental Packet #5
Mayor Pearl closed the Public Hearing.
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PUBLIC HEARINGS (continued):
City Council discussion included determining what prompts a parking study and adding a condition that We Vino staff park behind the building.
Mayor Pro Tem Davis moved that the City Council adopt Resolution No. 2316-23, with the new parking condition added, determining Conditional Use Permit No. 23- 005 is exempt from CEQA and approving Conditional Use Permit No. 23-005 to authorize the sale of beer, wine, and distilled spirits for onsite and offsite consumption in conjunction with the operation of a new restaurant located in Suites 601 and 602 of the Lindero Oaks commercial center at 31149 Via Colinas.
Councilmember Halpern seconded the motion.
YES: Councilmembers Halpern, McSweeney, Honig, Mayor Pro Tem Davis, and Mayor Pearl.
NO: None
ABSENT: None
ABSTAIN: None
Mayor Pearl declared the motion passed 5-0.
RESOLUTION NO. 2316-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NESTLAKE VILLAGE APPROVING CONDITIONAL USE PERMIT NO. 23-005 TO AUTHORIZE
THE SALE OF BEER, WINE, AND DISTILLED SPIRITS FOR ONSITE AND OFFSITE
CONSUMPTION IN CONJUNCTION WITH THE OPERATION OF A NEW RESTAURANT LOCATED AT 31149 VIA COLINAS, SUITES 601 & 602
2. CONDITIONAL USE PERMIT NO. 23-003
Mayor Pearl opened the public hearing. City Manager de Geus introduced the Public Hearing for Novo Café stating the City Council revoked the prior Conditional Use Permit (CUP) for Novo Café when the Los Angeles County Health Department revoked their Health Permit, which has now been reinstated. Novo Café is requesting that the City Council reinstate their CUP. Mr. de Geus stated that this matter tonight entails unprecedented circumstances concerning the pandemic that resulted in difficult decisions for everyone. He commented that it was a very challenging time for everyone. Mr. de Geus announced that the City Council will be inviting members of the public to speak on this matter and asked that everyone be respectful as there are dissimilar opinions on this subject. The property owner and applicant will be invited to address the City Council.
Planning Director Forbes presented background and reviewed the history of Novo Café's previous CUP, the Los Angeles County litigation settlement, and the applicant's request for a new CUP.
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PUBLIC HEARINGS (continued):
Mr. Forbes discussed the required findings to approve a CUP application. He said that if the City Council determines that all eight findings can be made for the subject CUP application, then City Council should direct staff to prepare a resolution for approval of CUP No. 23-003 with recommended conditions of approval. If the City Council determines that one or more of the eight findings cannot be made, then Council should direct staff to prepare a resolution for denial of CUP No. 23-003.
Planning Director Forbes noted that the Westlake Village Municipal Code requires a restaurant serving alcohol, to have a valid CUP. Mr. Forbes mentioned that while the City Council revoked the prior CUP, the California Department of Alcoholic Beverage Control (ABC) never withdrew the liquor license for this address.
On July 19, 2023, the Land Use Committee (Davis/Honig) reviewed Novo Cafe's request for a new alcoholic beverage sales CUP. Massimo Forti, co-owner of Novo Cafe, attended the meeting and discussed this request with the Committee. The Committee did not make a recommendation regarding Novo Cafe's application for a new alcoholic beverage sales CUP and directed that this request be brought forward to the City Council for consideration.
SPEAKERS:
Public Speakers: Christopher Rake (Virtual attendee), Margarita Assael, David Assael, Deborah Baber, Dave Foldes, Yvet Chambers, Dr. Armaiti May, Michelle Spencer, Gigi Goyette, Cricket Sjodin, Jaqueline Lake, Mina Ghorob, Nicole Perry, and Matt Brimigion
Written Comment Cards: Thaddeus Wojik, Julee Kraines, and Carol Email Comments: 111 emails, 21 telephone calls (Posted online in the Supplemental Packets)
Supplemental Packet: See all six (6) Supplemental Packets for this Agenda Item.
Property owner, Dan Selleck, and applicants, Massimo and Tina Forti, addressed the City Council.
Mayor Pearl closed the Public Hearing.
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PUBLIC HEARINGS (continued):
City Council discussion included reasons for requesting the new CUP; civil actions for selling alcohol without a CUP, property owner's request for a CUP; potential findings to approve the CUP; applicant's willingness for additional CUP conditions similar to the Los Angeles County Department of Health settlement agreement; and setting the prior actions behind us and starting fresh.
Mayor Pearl moved that staff prepare a resolution to approve Conditional Use Permit No. 23-003 for Novo Café, with new conditions to be developed by staff and the City Attorney, and agreed to by the property owner and applicant, to be presented to City Council for consideration at a future meeting. Councilmember Honig seconded the motion.
YES: Councilmembers McSweeney, Honig, Mayor Pro Tem Davis, and Mayor Pearl.
NO: Councilmember Halpern
ABSENT: None
ABSTAIN: None
Mayor Pearl declared the motion passed 4-Yes; 1-No (Councilmember Halpern) RECESS
Mayor Pearl announced a short recess.
City Council recessed at 8:43 p.m.
City Council reconvened the Regular Meeting, with all Councilmembers in attendance at 8:56 p.m.
CONSENT CALENDAR:
Mayor Pro Tem Davis moved to approve the Consent Calendar. Councilmember Honig seconded the motion.
YES: CONSENT CALENDAR: Councilmembers Halpern, McSweeney, Honig, Mayor Pro Tem Davis, and Mayor Pearl.
NO: None
ABSENT: None
ABSTAIN: None
Mayor Pearl declared the motion passed 5-0.
Email Comment: 1 email for Consent Calendar No. 2 (Posted online in the Supplemental Packet)
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City of Westlake Village September 13. 2023
CONSENT CALENDAR: (continued):
Supplemental Packet: See Supplemental Packet #5
APPROVAL OF WARRANTS: Warrants effective August 1, 2023 in the amount of $ 702,961.41; August 15, 2023 in the amount of $ 555,553.73; September 1, 2023 in the amount of $ 486,966.32.
GENERAL BUSINESS:
1. PUBLIC SAFETY ADVISORY BOARD APPOINTMENTS - City Council appointed to the Public Safety Advisory Board, Shirley Richards for a term ending March 31, 2025 and Alison Colburn, Lisa Gritzner, Constance Kamsler, Mary-Ann Parker, and Richard "Tex" Williams for terms ending March 31, 2026.
2. ADOPTION OF ORDINANCE NO 304-23. ORDINANCE TITLE: AN
ORDINANCE OF THE CITY OF WESTLAKE VILLAGE AMENDING THE
WESTLAKE VILLAGE MUNICIPAL CODE TO UPDATE SIGN
REGULATIONS AND APPROVING A CEQA EXEMPTION DETERMINATION - City Council waived the Second Reading and adopted Ordinance No. 304-
23. ORDINANCE NO. 304-23 - AN ORDINANCE OF THE CITY OF WESTLAKE VILLAGE
AMENDING THE WESTLAKE VILLAGE MUNICIPAL CODE TO UPDATE SIGN
REGULATIONS AND APPROVING A CEQA EXEMPTION DETERMINATION OLD BUSINESS:
AWARD OF CONTRACTS FOR FISCAL YEAR 2023-24 SIDEWALK
IMPROVEMENT PROJECT AND THE LINDERO CANYON ROAD PARKWAY
LANDSCAPE IMPROVEMENT PROJECT AND APPROVAL OF NOTICE OF
EXEMPTION DETERMINATION
City Engineer Hughes provided an overview of the sidewalk improvement project which includes the installation of sidewalk on Lindero Canyon Road from Baronsgate Road to Westpark Driveway, Westpark Driveway to Agoura Road, and from Whim Drive to Hedgewall Drive. Additionally, the project includes landscaping on Lindero Canyon Road from Baronsgate Road to Westpark Driveway, and Westpark Driveway to Agoura Road.
At a bid opening held on August 24, 2023, the City received three bids for the Sidewalk Improvement Project. DASH submitted the low bid of $689,240.00, which was 25.3% lower than the engineer's estimate of $863,900.00. Five bids City Council Minutes
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OLD BUSINESS (continued):
were received for the Lindero Canyon Road Parkway Landscape Improvement Project. Marina submitted the low bid of $142,868.80, which was 61.0% lower than the engineer's estimate of $230,000.
City Engineer Hughes stated that construction of the sidewalk segment along Lindero Canyon Road between Whim Drive and Hedgewall Drive will be completed first allowing the Lindero Canyon Road Parkway Landscape Improvement Project to subsequently be constructed by Marina along the same segment while DASH moves to the work area south of Agoura Road adjacent to WestPark Condos.
Councilmember McSweeney moved that the City Council approve staff's finding of a CEQA categorical exemption; award a construction contract for the FY 2023-24 Sidewalk Improvement Project to DASH Construction Company Inc. in the amount of $689,240.00; award a construction contract for the Lindero Canyon Road Parkway Landscape Improvement Project to Marina Landscape Inc. in the amount of $142,868.80; approve project management and construction inspection expenditures, authorize the City Manager or designee to approve construction change orders up to the contingency amount; approve continuing appropriations from the FY 2022-23 budget, and authorize the Mayor to sign and execute the construction contracts on behalf of the City. Mayor Pro Tem Davis seconded the motion.
YES: Councilmembers Halpern, McSweeney, Honig, Mayor Pro Tem Davis, and Mayor Pearl.
NO: None
ABSENT: None
ABSTAIN: None
Mayor Pearl declared the motion passed 5-0.
NEW BUSINESS:
COMMENT LETTERS ON THOUSAND OAKS 2045 GENERAL PLAN AND
DRAFT ENVIRONMENTAL IMPACT REPORT
Planning Director Forbes stated that the City of Thousand Oaks has been working for several years on a comprehensive update of its General Plan, Thousand Oaks General Plan 2045. The document represents the first comprehensive General Plan update since 1970. Staff is requesting City Council input on the City's comment letters for the Thousand Oaks 2045 General Plan and Draft Environmental Impact Report (DEIR).
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NEW BUSINESS (continued):
Mr. Forbes explained that with Westlake Village sharing a border with Thousand Oaks, development in Thousand Oaks has the potential to impact Westlake Village residents and businesses. Most of Westlake Village's major and secondary arterial streets connect to Thousand Oaks, so Westlake Village would be impacted by traffic generated from new development in Thousand Oaks, and increased emergency evacuation times from the additional development. Staff reviewed the public draft General Plan and DEIR from this perspective and identified several issues of concern.
• The proposed Industrial Flex land use designation for properties immediately adjacent to the North Business Park Specific Plan (NBPSP) would allow buildings up to 75 feet tall with a Floor Area Ratio (FAR) of 2.0. This is substantially more intense than existing development and not consistent with the maximum height of 55 feet and maximum FAR of 0.5 established in the NBPSP.
• The policies related to transportation demand management should be strengthened to ensure that all feasible steps are being taken to reduce vehicle miles traveled and related traffic impacts. Clarify if the traffic model includes traffic data from Westlake Village or incorporates the interconnected street system between Westlake Village and Thousand Oaks. • The emergency evacuation analysis is largely qualitative and does not include an analysis of evacuation times, or how those times may change with new development. Include a quantitative analysis of potential impacts on evacuation times and routes, including potential impacts on Westlake Village.
City Council discussion included the location of the industrial flex land use designation and how the City's input may be considered by Thousand Oaks.
City Council thanked Planning Director Forbes for the draft letters and directed staff to submit the letters as drafted.
2. APPROVAL OF THE CONTRACT AGREEMENT BETWEEN FLOCK
GROUP INC. DBA FLOCK SAFETY AND THE CITY OF WESTLAKE
VILLAGE FOR AUTOMATED LICENSE PLATE READER CAMERAS
City Manager de Geus stated that Public Safety has been a top priority of the City Council each year. On September 28, 2022, the Council held a study session to address public safety where Captain Seetoo, Los Angeles County Lost Hills Sheriff's Station, presented items for City Council consideration to assist with crime prevention and introduced Automated License Plate Reader (ALPR) cameras.
Staff are recommending leasing 17 cameras to achieve increased public safety for the City's residents.
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NEW BUSINESS (continued):
Captain Jennifer Seetoo, Los Angeles County Lost Hills Sheriff's Station, provided an overview of the Automatic License Plate Recognition (ALPR) Cameras and the value they provide to law enforcement agencies in fighting crime, discussing how the cameras actively compare the plate number acquired to databases for instant identification of vehicles entering the area that could be of interest. Sergeant Brandon Painter, Los Angeles County Lost Hills Sheriff's Station, shared how the ALPR database for vehicles is used in crimes, sharing the state access and audit process that all police agencies must follow. Sergeant Painter shared success stories using the cameras in the communities around Westlake Village to solve crimes in Westlake Village.
Hector Saliman-Valdez, Flock Group, gave a background on how the Flock Safety technology was developed, and explained how the technology works by providing indiscriminate evidence from fixed locations. He clarified that while Flock cameras gather objective vehicle data around the clock, and provide real-time alerts (National Crime Information Center (NCIC), Amber Alerts, Custom Hot Lists) the technology does not have facial recognition capabilities, is not tied to personal identifiable information, is not used for traffic enforcement and to ensure enhanced privacy standards, the data is not stored beyond 30 days. He highlighted several agencies that have already implemented this technology and discussed some high-profile incidents that have been solved using Flock camera data.
City Manager de Geus stated that the agreement with Flock Safety is a two-year lease/subscription for 17 cameras located throughout the City and discussed the associated costs.
City Council discussion included neighboring cities' cameras and how those cameras have benefited the City; how the cameras are mounted; that the cameras will be located in the City right-of-way - not within any City neighborhoods; creating a policy on installing cameras in a Homeowners Association (HOA); maintenance and removal cost; cellular network used to store and send data; camera status; rain effects on camera; and license plate vs. vehicle finger printer data to find cars without plates or stolen plates.
Email Comments: 2 emails for New Business No. 2 (Posted online in the Supplemental Packets)
Supplemental Packet: See Supplemental Packet #5
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NEW BUSINESS (continued):
Councilmember Halpern moved that City Council approve an agreement with Flock Group Inc. for leasing 17 Automated License Plate Reader cameras to be placed throughout the City and authorize the Mayor to sign and execute the agreement on behalf of the City. Councilmember Honig seconded the motion.
YES: Councilmembers Halpern, McSweeney, Honig, Mayor Pro Tem Davis, and Mayor Pearl.
NO: None
ABSENT: None
ABSTAIN: None
Mayor Pearl declared the motion passed 5-0.
AWARD OF CONTRACT TO NEWBURY PARK TREE SERVICES FOR ON-
CALL MAINTENANCE AND EMERGENCY TREE SERVICES
City Engineer Hughes introduced the item to award Newbury Park Tree Service, Inc. (NPTS) an on-call maintenance and emergency tree services contract.
Providing background, City Engineer Hughes stated that NPTS has been providing the requested tree services to the City since 2001.
On July 7, 2023, the City issued a Request for Qualifications/Proposals (RFQ/P) for on-call maintenance and emergency tree services. On July 27, 2023, the City Engineer issued an addendum to the RFQ/P that provided responses to questions.
On August 10, 2023, the City received three submittals.
The proposed contract has price increases for NPTS over their current contract rates, however it does not allow for annual escalation keeping the rates the same through 2026. The new contract will have a three-year base term and includes one two-year optional extension.
Councilmember McSweeney moved that the City Council award Newbury Park Tree Service, Inc. an on-call maintenance and emergency tree services contract and authorize the Mayor to sign this service contract on behalf of the City.
Councilmember Honig seconded the motion.
YES: Councilmembers Halpern, McSweeney, Honig, Mayor Pro Tem Davis, and Mayor Pearl.
NO: None
ABSENT: None
ABSTAIN: None
Mayor Pearl declared the motion passed 5-0.
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ADJOURNMENT:
Mayor Pearl announced the next City Council meeting will be held on September 27, 2023. Meeting adjourned at 10:00 p.m.
Be leave
Ray Pearl, Mayor
Attest:
NE LAKE
Untire bran VILLAGE
CITY
Antoinette Mann, City Clerk
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CALIFORNIA