SET WESTLAR VIETN
RAY PEARL NED E DAVIS KELLY HONIG SUSAN MCSWEENEY BRAD HALPERN Mayor Mayor Pro Tem Councilmember Councilmember Councilmember
MINUTES
Regular Meeting of the City Council
October 25, 2023
CALL TO ORDER:
This Regular Meeting of the Westlake Village City Council was called to order by Mayor Pearl on Wednesday, October 25, 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, and Mayor Pearl ABSENT: Councilmember Honig and Mayor Pro Tem Davis
Also Present: City Manager de Geus, City Attorney Boga, Assistant City Manager Wilson, Planning Director Forbes, City Clerk Mann, City Engineer Hughes, Senior Planner Sinkula, Administrative Analyst Mott, and Community Services Coordinator Roush.
APPROVAL OF AGENDA:
Councilmember Halpern moved to approve the Agenda as presented. Councilmember McSweeney seconded the motion.
YES: Councilmembers Halpern, McSweeney, and Mayor Pearl NO: None
ABSENT: Councilmember Honig and Mayor Pro Tem Davis
ABSTAIN: None
Mayor Pearl declared the motion passed 3-Yes; 0-No; 2-Absent (Councilmember Honig and Mayor Pro Tem Davis)
Mayor Pro Tem Davis arrived at 6:36 p.m.
City Council Minutes
City of Westlake Village October 25. 2023 2
APPROVAL OF MINUTES:
Councilmember McSweeney moved to approve the Minutes of October 11, 2023 City Council Closed Session and City Council Regular Meeting. Councilmember Halpern seconded the motion.
YES: Councilmembers Halpern, McSweeney, Mayor Pro Tem Davis, and Mayor Pearl
NO: None
ABSENT: Councilmember Honig
ABSTAIN: None
Mayor Pearl declared the motion passed 4-Yes; 0-No; 1 Absent (Councilmember Honig) Councilmember Honig arrived at 6:42 p.m.
SPECIAL PRESENTATIONS/CEREMONIAL MATTERS:
1. Agoura High School Principal, Garrett Lepisto, Welcome and Introduction Mayor Pearl welcomed Garrett Lepisto, Agoura High School Principal and City of Westlake Village resident to the podium. Garrett Lepisto, Agoura High School Principal introduced himself, stating how proud he is to work with our youth and represent the City of Westlake Village.
City Councilmembers welcomed Mr. Lepisto and expressed what an honor it is to have him as the Agoura High School Principal. Mr. Lepisto presented each Councilmember with an Agoura High baseball hat.
2. Business of the Quarter Recognition from the City and the Greater Conejo Valley Chamber of Commerce, 2023 4*h Quarter, presented to Glass Arts Collective
Mayor Pearl and Danielle Borja, President and Chief Executive Officer for the Greater Conejo Valley Chamber of Commerce, made presentations to Glass Arts Collective as the 2023 fourth quarter recipient of the City of Westlake Village/Greater Conejo Valley Chamber of Commerce Business Recognition.
Glass Arts Collective owner, Nancy Marks, expressed her appreciation for the honor and acknowledgement. Councilmembers congratulated Glass Arts Collective and Mrs. Marks.
City Council Minutes
City of Westlake Village October 25. 2023 3
PUBLIC COMMENTS:
Gabriel Albarian, Westlake Pointe Homeowners Association (HOA) President, announced that the Firewise Program was presented at the Joint HOA Presidents Meeting on Saturday, October 21, 2023. Mr. Albarian will assist all HOA's to receive the certification in an effort to potentially reduce fire insurance costs.
COUNCIL RESPONSE: None
STAFF COMMENTS:
City Manager de Geus reported that the Community Emergency Response Team (CERT) received a hands-on fire extinguisher training on October 17, 2023 at City Hall from the Los Angeles County Fire Department, learning about home use and proper care of extinguishers. The City hosted the Greater Conejo Valley Chamber of Commerce's Leadership Conejo class on October 20, 2023. Speakers included Mayor Pro Tem Ned Davis, State Senator Henry Stern, and City Staff. Participants learned about the City of Westlake Village and how it functions as a contract city.
City Manager de Geus discussed upcoming events including Supervisor Horvath's Community Resiliency & Preparedness Event, October 26, 2023, 6:00-8:00 p.m. at Lindero Canyon Middle School and Waste Management Shred Day on Saturday, October 28, 2023, 9:00 a.m.-1:00 p.m. at City Hall. Westlake Village residents can shred up to four bags or boxes of paper items. Mr. de Geus commented on Halloween Safety and provided helpful tips to residents to keep children and pedestrians safe.
Mr. de Geus reported that the White Oak Fence Working Group held their second meeting on October 13, 2023 to discuss the fencing plan at White Oak Elementary School. The fence will be six feet in height with multiple access gates, approximately 20% setbacks around all sides to allow residents to use the fields as greenspace, a joint use agreement to allow use of the fields during non-school hours is in the development stages, and the earliest the fence construction will begin is during Spring Break 2024.
City Manager de Geus announced that Planning Director Michael Forbes is departing with tonight as his final City Council Meeting. Mr. de Geus thanked Mr. Forbes for his service to the City and to the residents of Westlake Village, commended him for the progress made during his tenure, and wished him good luck at the City of Beverly Hills.
COUNCIL COMMENTS:
Councilmember Honig thanked Mr. Forbes for his service and wished him well.
Councilmember Honig announced that she participated this evening in the California Lutheran University Matthews Leadership Forum, where leaders interacted with students.
Councilmember Halpern discussed pedestrian safety with a reminder to always be aware of your surroundings and not to walk with your back to traffic.
City Council Minutes
City of Westlake Village October 25. 2023 4
COUNCIL COMMENTS (continued):
Mayor Pearl thanked Mr. Forbes for the professionalism he brought to the Planning team and wished him well.
MONTHLY DEPARTMENTAL REPORTS:
Sheriff's Department Report
Deputy Brian Knott presented the Sheriff Department's report for September 2023 including crime statistics. Deputy Knott commented on the October 17, 2023 accident in Malibu and encouraged all parents to discuss speed and distractions while driving with their teenagers, reminding them that there are consequences to those actions.
Mayor Pearl reminded residents to slow down, as there has been an increase of speeding incidents on City streets.
Councilmember McSweeney thanked Deputy Knott for his reminder to parents and their responsibility to ensure their teens drive safely.
Mayor Pro Tem Davis commented on how technology can be used to monitor speeds of their family members, in particular, teenagers, to impress the importance of safe driving. Using phone apps could be a discussion topic for a future Public Safety Committee Meeting.
Fire Department Report
Battalion Chief Jeff Harms presented the Fire Department report for the month of September 2023 including the number of fires, medical response calls, and rescue activities conducted.
3. Chamber of Commerce Report
Danielle Borja, President and Chief Executive Officer for the Greater Conejo Valley Chamber of Commerce highlighted recent and upcoming events and noted that the 12th Annual Taste of Conejo was held on Sunday, October 1, 2023, the City of Westlake Village hosted Leadership Conejo Day on October 20, 2023, the October Legislative Update included U.S. Representative Julia Brownley, and the Spotlight on Education Breakfast will be held on November 3, 2023. Registration information for events is located at www.conejochamber.org.
4. Library Report
Children's Librarian Jessie Schweit of the Westlake Village Daniel K. Ludwig Library presented the Library's report for the month of September 2023 covering traffic, circulation, programs, and reference requests.
City Council Minutes
City of Westlake Village October 25. 2023 5
CITY COUNCIL COMMITTEE REPORTS:
ADMINISTRATIVE COMMITTEE - KINDNESS AWARD CRITERIA
City Clerk Mann provided background and stated that the City Council's 2023 goals included a new resident recognition program called a "Kindness Award" to recognize individuals for "leaving a little kindness wherever they go" in Westlake Village.
On April 12, 2023, Mayor Pearl announced that he and Councilmember McSweeney visited Ms. Cecilia DePippo, White Oak Elementary School Office Manager, and informed her that she would receive the first Westlake Village Kindness Award. On June 28, 2023, Ms. DePippo, was honored with her family receiving the award on her behalf which included a proclamation along with a crystal engraved cube and separate rotating base displaying a color prism.
On October 9, 2023 the Administrative Committee (Pearl/ Davis) discussed potential guidelines to assist with selecting future award recipients including how often the award should be presented, the nomination process, and the official name of the award. Award guidelines were developed as a standalone award and were submitted to the full City Council for consideration.
Ms. Mann stated that the Administrative Committee recognized some overlap of the new Kindness Award with the Youth and Citizen of The Year Awards programs and inquired if the Council would consider integrating the three awards.
City Council discussion included retaining the Kindness Award as an annual standalone award, adding a $500 contribution to a non-profit of the awardee's choice - donated by the City in their name, and making this non-profit donation retroactive to the 2023 Award.
Councilmember Honig moved that the City Council adopt the Guidelines for the Annual Cecilia DePippo Kindness Award and amend the proposed Guidelines to include in a $500 contribution to a non-profit with the contribution retroactive to the 2023 award. 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.
City Council Minutes
City of Westlake Village October 25. 2023 6
CITY COUNCIL COMMITTEE REPORTS (continued):
2. CULTURAL RECREATION COMMITTEE - COMMUNITY PARK PICKLEBALL
COURTS PROJECT -CONSIDERATION OF APPROVAL OF CONSTRUCTION
CONTRACT AWARD, DESIGN SUPPORT SERVICES CONTRACT
AMENDMENT, MEASURE A GRANT FUNDING APPLICATION, COMMUNITY BENEFIT FEE APPROPRIATION, AND CEQA EXEMPTION DETERMINATION; RESOLUTION NO. 2323-23
City Engineer Hughes reported the Cultural Recreation Committee (Davis/McSweeney) met on October 16, 2023 and was presented the results of the Pickleball Courts bids to install four pickleball courts below the skate park and adjacent to the west side of the soccer fields at the Westlake Village Community Park.
Ms. Hughes provided an overview of the Pickleball Court Plan's Base Bid, and the full build design including additive bid items. The bids were advertised through PlanetBids on August 30, 2023 with 36 prospective bidders registered in the PlanetBid module for the project. On September 8, 2023 a pre-bid meeting was held with eight attendees.
City Engineer Hughes explained that the basis of award is stipulated to be the base bid plus all additive and deductive bid alternatives, such that the prices are for the "Full Build" Option, and only the construction cost with no contingency.
The low bidder was Pacific Tennis Courts, a well-known local contractor specializing in sports courts. Ms. Hughes noted that Pacific Tennis Courts built the Community Park's Skate Park and the replacement courts at Berniece Bennett Park. Staff checked several other municipal and school district references and received positive feedback. Ms. Hughes commented that being a local contractor that has experience in Westlake Village, Pacific Tennis Courts has provided good value to the city for this project and staff has complete confidence in a recommendation to proceed with this qualified and fully responsive low bidder.
A breakdown of the qualified low bidder compared to the engineer's estimate was presented. Ms. Hughes presented different contract options, Full Build, Base Bid plus Lighting only, Base Bid plus Shade Structure only, or everything except the shade structure. She recommended that the contract be awarded without the shade structure line item as it is not integral to the facility use and can be added later at a lower cost. Ms. Hughes noted that lighting is an enhancement that will expand the capacity of the use in providing for extended play hours after sunset.
Ms. Hughes addressed maintenance costs, noting the pickleball court operations and maintenance costs would be absorbed by the Community Park Maintenance Budget with no increase to the current Park budget. The sport court surface would require the most maintenance with an additional 30 minutes of weekly sweeping and City Council Minutes
City of Westlake Village October 25. 2023
CITY COUNCIL COMMITTEE REPORTS (continued):
blowing which can be added to the list of duties performed by Brightview, the landscape contractor at the Community Park, at little to no cost. Pressure washing would be requested on an as-needed basis to clean the courts of embedded dirt or debris. The sport court light fixtures will last between 25 - 39 years with the electricity estimated to be $460 per year.
City Engineer Hughes discussed funding options stating the Pickleball Courts Project is an eligible project to receive funding through the Los Angeles County Regional Park and Open Space District (RPOSD) Measure A, a non-competitive annual allocation program that includes a "Community-based Park Improvement" category. Current funding available is $271,798. The County will require Council approval of the project and a project timeline prior to the release of funding. As such, should the project move forward with the use of these funds, a formal application will be submitted with a City Council resolution approving the project.
A second funding source exists through the general fund carryover balance of capital improvement funds at $472,457 for this project. In addition, there is $500,000 of Community Benefit Fee on deposit through the Development Agreement with the Cedar Valley Senior Residential Project. This funding was received on October 24, 2022, and was deposited in the General Fund. This funding can be used at the Council's discretion, and therefore all or a portion of these funds can be allocated to support the Pickleball Courts Project.
Ms. Hughes noted the three funding options can be combined in three ways to finance the pickleball project and provided a chart depicting examples of the $1,244,255 potential funding sources.
City Engineer Hughes said that should the City Council approve the award of construction contract, the anticipated schedule for project startup will begin in November/December 2023 and is estimated to be completed by June 2024.
City Council discussion included adding an asset to the City, providing more recreation to residents, courts will be utilized mainly by adults as compared to the sport fields that are used by the youth, not adding a shade structure initially, adding lights to allow for evening play with lights off at 9 p.m., cost for building the courts, use of public funds, and the funding options. Clarification was provided on Measure A funds.
Councilmember Hong moved that the City Council determine the Community Park Pickleball Courts Project is exempt from CEQA, adopt Resolution No. 2324-23 authorizing filing of an application for $271,798 of Measure A funds; appropriate $91,723 of Community Benefit Fee to this project; award a construction contract in the amount of $605,388 to Pacific Tennis Courts Inc.; authorize the City Manager to approve construction change orders up to $60,400; approve Amendment No. 3 in City Council Minutes
City of Westlake Village October 25. 2023 8
CITY COUNCIL COMMITTEE REPORTS (continued):
the amount of $11,300 to the Professional Services Agreement with RRM for construction support services; and authorize the Mayor to execute the contract documents on behalf of the City. Councilmember McSweeney seconded the motion.
YES: Councilmembers McSweeney, Honig, and Mayor Pro Tem Davis.
NO: Councilmember Halpern and Mayor Pearl
ABSENT: None
ABSTAIN: None
Mayor Pearl declared the motion passed 3-Yes; 2-No (Councilmember Halpern and Mayor Pearl)
RESOLUTION NO. 2324-23: RESOLUTION OF THE CITY OF WESTLAKE VILLAGE APPROVING
THE FILING OF AN APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY
REGIONAL PARK AND OPEN SPACE DISTRICT FOR MEASURE A FUNDING FOR THE
COMMUNITY PARK PICKLEBALL COURTS PROJECT
PUBLIC HEARINGS:
1. INTRODUCTION OF ORDINANCE AMENDING SECTION 9.14.050 OF CHAPTER
9.14 AND SECTION 9.25.020 OF CHAPTER 9.25 OF ARTICLE 9 OF THE
WESTLAKE VILLAGE MUNICIPAL CODE PERTAINING TO REGULATIONS FOR FENCING, WALLS, AND GATES; ORDINANCE NO. 305-23
Mayor Pearl opened the Public Hearing. Senior Planner- Sinkula introduced Ordinance No. 305-23 to amend Section 9.14.050 of Chapter 9.14 and Section
9.25.020 of Chapter 9.25 of Article 9 of the Westlake Village Municipal Code pertaining to regulations for fencing, walls, screening, and gates ("fencing"). The proposed ordinance would amend regulations for maximum allowed height, materials, and permit application submittal requirements and would provide additional flexibility to address site-specific conditions.
Senior Planner Sinkula provided background stating the City's fencing regulations do not allow for any flexibility for decorative design elements such as arched gates, light fixtures, lattice topper with ornamental vegetation, or finials, or stepped design necessitated by changes in topography. Staff has discovered residential properties throughout the City with fencing that does not conform to the requirements for maximum allowed height.
Ms. Sinkula explained that the proposed ordinance is adding a definition for "fencing" to Section 9.14.050(B) to clarify that fencing includes walls, screens, and gates that are installed for the purpose of enclosing or screening an area of land or to retain earth. Additionally, a definition for "decorative design elements" to establish what City Council Minutes
City of Westlake Village October 25. 2023 9
PUBLIC HEARINGS (continued):
types of design elements are allowed (i.e., pilasters, finials, post and post caps, rails, lattice topper, light fixtures, and arched gates) is added. The ordinance develops a site-specitic approach to create flexibility for maximum allowed height if the fencing is designed to be compatible with existing development, visually permeable and/or blend with the natural environment, constructed with high quality materials, and safe for pedestrians and motorists.
Senior Planner Sinkula reviewed the ordinance which creates separate categories for the processing of fencing permit applications based upon height and location requested
1. Fences and walls up to six feet approved by a Zoning Clearance and must be located outside of front yard setback.
2. Planning Director has discretion to approve height over six feet and up to eight feet with approval of a Fence Permit and must be located outside of front yard setback.
Planning Director must make the following findings:
Compatible and cohesive with existing surrounding development • Made of high-quality materials
Designed to blend into the natural environment and/or be visually permeable
• No visibility or safety issues
• Height may be able to exceed eight feet by 30% (additional 2.4 feet) for stepped design or decorative design elements.
3. City Council has discretion to approve height over eight feet (not including 30% increase for stepped design/decorative design elements) with approval of Planned Development Permit.
City Council must make the following findings:
• Compatible and cohesive with existing surrounding development Made of high-quality materials
• Designed to blend into the natural environment and/or be visually permeable
No visibility or safety issues
• Height may be able to exceed eight feet by 30% (additional 2.4 feet) for stepped design or decorative design elements.
City Council Minutes
City of Westlake Village October 25. 2023 10
PUBLIC HEARINGS (continued):
On June 7, 2023, the Land Use Committee (Davis/Honig) reviewed the proposed ordinance and expressed support for the recommended revisions to the fencing regulations. Staff's initial recommendation for the maximum allowable height was a 20% increase for decorative design elements and stepped design, and the Committee expressed concern that some pilasters and light fixtures may require additional flexibility and directed staff to increase the percentage to 30%.
Additionally, staff noted that there currently is no fee for fence permits, and Councilmember Honig stated that there should be a fence permit fee since fence permit requests require staff time to review applications and correspond with permit applicants similar to all other permit requests that currently have a fee in place. Staff intended to bring forward a resolution to implement a new fence permit fee within the next few months. The Committee then recommended that the proposed ordinance move forward to a Public Hearing.
PUBLIC SPEAKER:
Jack Cohen, expressing his concerns and issues with his Homeowners Association not approving his fence and prohibiting the City from approving his Zone Clearance.
Mayor Pearl closed the Public Hearing.
City Council discussion included Homeowners Association (HOA) approval process, chain link fences, flexibility to the type of fencing, complaint-based code enforcement, administrative citation options, and Planning Director versus Land Use Committee Review options.
At the conclusion of the discussion no City Council action was taken; direction was to send this item back to the Land Use Committee for additional review and discussion.
MONTHLY IN-HOUSE DEPARTMENTAL REPORTS:
Engineering Department Report
City Engineer Hughes highlighted items from the Engineering Department Status Report stating a preconstruction meeting was held with DASH Construction and Marina Landscape for the new sidewalk segments with construction beginning early November 2023. Sidewalk designs for the segment on Lindero from Baronsgate to Lakeview Canyon Road will be presented to the Environmental Committee for input.
North Santa Monica Bay Watershed Area Steering Committee meeting discussed the biennial report and infrastructure projects.
City Council Minutes
City of Westlake Village October 25. 2023 11
MONTHLY IN-HOUSE DEPARTMENTAL REPORTS (continued):
Planning Department Report
Planning Director Forbes provided the Planning Department Status Report stating the Shred Day Event will be held on Saturday, October 28, 2023 trom 9:00 am - 1:00 pm in the City Hall parking lot. He announced that the residents can now apply online for Express Solar Permits as required by Senate Bill 379. Permits for qualifying systems can now be automatically issued online through the County's EPIC-LA permit system. Once installed, systems will still be inspected by a building inspector to ensure they are installed correctly and meet all code requirements. Staff continues to work with a consultant on evaluating the service model for building and safety services and anticipates the report going to the Administrative Committee in December 2023.
Cultural Recreation Report
Community Services Coordinator Roush highlighted items from the Cultural Recreation Department Status Report including City Celebration that was held on October 14, 2023 at the Civic Center for the benefit of the Westlake Village Community Foundation and in partnership with White Oak Elementary Parent Faculty Club. Ms. Roush invited residents to the City's Holiday Sing-Along on Saturday, December 2, 2023, from 12:00 - 3:00 p.m. at The Shoppes in Westlake Village for activities, performances, and photo opportunities, adding that the City is looking for groups to sign up to sing.
CONSENT CALENDAR:
Councilmember McSweeney moved to approve the Consent Calendar. 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.
APPROVAL OF WARRANTS: Warrants effective October 15, 2023 in the amount of $461,124.87
City Council Minutes
City of Westlake Village October 25. 2023 12
CONSENT CALENDAR (continued):
GENERAL BUSINESS:
ADOPTION OF ADMINISTRATIVE RULE NO. 2023-001 PERTAINING TO THE SOLID WASTE MANAGEMENT ORDINANCE - City Council adopted Administrative Rule No. 2023-001 and found that the administrative rule is exempt from the California Environmental Quality Act.
ADMINISTRATIVE RULE 2023-001: Occasional Construction and Demo Haulers are not required to collect fees pursuant to Westlake Village Municipal Code Section 5.3. 150 or any associated City Council Resolutions (including Resolution Nos. 586 and 1438-08).
APPOINTMENT OF INTERIM CITY TREASURER; RESOLUTION NO.
2327-23 - City Council adopted Resolution 2327-23, appointing Assistant City Manager Josephine Wilson as the Interim City Treasurer.
RESOLUTION NO. 2327-23: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WESTLAKE VILLAGE APPOINTING JOSEPHINE WILSON AS INTERIM CITY
TREASURER
OLD BUSINESS:
1. CONDITIONAL USE PERMIT NO. 23-003; RESOLUTION NO. 2325-23 City Manager de Geus introduced the item and Planning Director Forbes provided background stating that on September 13, 2023, the City Council held a Public Hearing to consider Novo Cafe's application for CUP No. 23-003 to reauthorize the sale of alcoholic beverages for on-premises and off-premises consumption in conjunction with an existing full-service restaurant located at 30770 Russell Ranch Road Suite G. The City Council voted to direct staff to prepare a resolution approving the CUP and to negotiate conditions of approval with the applicant.
Mr. Forbes said that staff and the applicant have agreed upon proposed conditions of approval which are consistent with the standard conditions of approval imposed upon other alcohol CUPs with two notable exceptions:
1. Condition Number 11 would require the permit holder to pay a civil penalty of $50,000 to the City in the event the City Council makes an adjudicatory finding that the permit holder has violated any of the CUP conditions of approval.
2. Condition Number 12 imposes a permit term of two years in lieu of the typical five years.
Applicant Massimo Forti was in attendance but did not address City Council.
There was no City Council discussion.
City Council Minutes
City of Westlake Village October 25. 2023 13
OLD BUSINESS (continued):
Councilmember Mcsweeney moved that the City Council adopt Resolution No. 2325-23, approving Conditional Use Permit No. 23-003, determine it is exempt from CEQA and reauthorize the sale of beer, wine, and distilled spirits for onsite and offsite consumption in conjunction with the operation of a restaurant located at 30770 Russell Ranch Road Suite G. 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) RESOLUTION NO. 2325-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WESTLAKE VILLAGE APPROVING CONDITIONAL USE PERMIT NO. 23-003 TO REAUTHORIZE
THE SALE OF BEER, WINE, AND DISTILLED SPIRITS FOR ONSITE AND OFFSITE
CONSUMPTION IN CONJUNCTION WITH THE OPERATION OF A RESTAURANT LOCATED AT 30770 RUSSELL RANCH ROAD, SUITE G
2. APPROVAL OF A RESOLUTION AUTHORIZING USE OF SUMMARY CRIMINAL
HISTORY INFORMATION FOR EMPLOYMENT PURPOSES AND CRIMINAL BACKGROUND CHECK POLICY; RESOLUTION NO. 2326-23
Assistant City Manager Wilson provided an overview of the request for approval to establish a process to administer criminal background checks for employment purposes, create procedures to secure the criminal history information received by the City and approve changes as requested by the California Department of Justice (DOJ) to the previously approved resolution (Resolution No. 2303-23). To implementation of this process in the City's hiring practices will ensure compliance with State laws.
Providing background, Ms. Wilson stated that on May 24, 2023, City Council approved submission of a Department of Justice (DOJ) Application Packet and adopted Resolution No. 2302-23. The Application packet was submitted with the DOJ requesting revisions. A revised resolution was prepared for Council approval together with the proposed policy.
Ms. Wilson explained the requirement for a criminal background check for City employees and/or volunteers is necessitated by four legal provisions:
1. AB 506 - California law requires all administrators, employees, or regular volunteers of a youth service organization to undergo a background check (PC 11105.3).
City Council Minutes
City of Westlake Village October 25. 2023 14
OLD BUSINESS (continued):
2. California Education Code Section 10911.5 requires the City to obtain, as a condition of employment, the fingerprints of each employee, in any public recreation program, who will have direct contact with minors.
3. California Public Resources Code Section 5164, the City shall not consider any person who has been convicted of specified offenses, as eligible for employment or volunteer position, where the position performs services for a City-operated park, playground, recreational center, or beach used for recreational purposes and has supervisory or disciplinary authority over a minor.
4. Business & Professions Code 18975 requiring background checks for administrators, employees or regular volunteers (defined) of youth service organizations (organization that employs or utilizes the services of persons who, due to their relationship with the organization, are mandated reporters).
Assistant City Manager Wilson explained that the Proposed Policy is to establish a process and to create procedures. She noted that this policy is applicable to existing employees, new applicants, and volunteers including the Cultural Recreation Advisory Board (CRAB).
Ms. Wilson reviewed the implementation process for the background check whereby:
• Prospective and current employees and volunteers would receive a "Request for Live Scan Service" form with a list of nearby Live Scan locations at the City's cost.
• Live Scan form and fingerprinting must be completed within 14 days from the City's request to do so.
• Failure of current employees and volunteers_to complete the Live Scan process may result in disciplinary action or discharge from employment/volunteering at the discretion of the City Manager. • The City shall enter a contract with the DOJ to receive subsequent conviction or arrest information of an employee or volunteer.
In compliance with State law, Ms. Wilson stated the City shall not hire or retain any individual as an employee or volunteer if the individual has been convicted of certain offenses, generalized as sex or violent offenses or reveals a history of child abuse.
In the event of a conviction - The existing employee or volunteer shall be immediately removed from their positions. Volunteers may be moved to another volunteer position that does not involve interaction with minors.
Summary criminal history information is confidential and shall not be disclosed, except to the Custodian of Records, the City Attorney, and other individuals, as designated by the City Manager, when necessary to make employment decisions.
City Council Minutes
City of Westlake Village October 25. 2023 15
OLD BUSINESS (continued):
All individuals with access to criminal history information shall be trained in the secure handling, storage, dissemination, and destruction of such information.
On October 9, 2023, the Administrative Committee (Pearl/ Davis) reviewed the draft policy. Discussion centered around the requirement for the City to implement the policy, types and length of time for convictions which will be considered as disqualifiers, custody of the records, and responsibility for the cost for Live Scan services. Ultimately, the Committee supported bringing the policy to the full Council for consideration and approval.
City Council discussion included the length of time to receive the Live Scan results, processes for maintaining the data and the cost being absorbed by the City to ensure compliance with State laws.
Councilmember Honig moved that the City Council adopt Resolution No. 2326-23 authorizing use of State and local summary criminal history information pursuant to Penal Code sections 11105(b)(11) and 13300(b)(11) for employment related purposes; and approve the Criminal Background Check Policy. 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. 2326-23 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WESTLAKE VILLAGE AUTHORIZING ACCESS TO CRIMINAL HISTORY INFORMATION
FOR EMPLOYMENT PURPOSES AND SUBMISSION OF AN APPLICATION FOR SUCH ACCESS
TO THE CALIFORNIA DEPARTMENT OF JUSTICE
NEW BUSINESS:
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH CIVIC
SOLUTIONS, INC. FOR ON-CALL PLANNING SERVICES
City Manager de Geus provided an overview of a request for approval of a Professional Services Agreement with Civic Solutions, Inc. to provide on-call professional planning services in support of the Planning Department, stating that from 2020 to 2022, the City contracted with Civic Solutions to provide on-call professional planning services to support Planning Department programs and services.
City Council Minutes
City of Westlake Village October 25. 2023 16
NEW BUSINESS (continued):
Mr. de Geus stated with the departure of Mr. Forbes, this vacancy will significantly reduce the staff resources of the Planning Department for several months. Staff works well with Civic Solutions and has been pleased with their work in the past, and as such recommends that they be re-engaged on a short-term basis to provide this assistance. Interviews with finalist Planning Director candidates will be conducted in December 2023 with the selected candidate joining the City in January or February 2024. Civic Solutions' assistance may be needed for several additional months while the new director gets acclimated.
Councilmember Halpern moved that the City Council approve the Professional Services Agreement with Civic Solutions, Inc., authorize the Mayor to execute the agreement, and find that the agreement is exempt from the California Environmental Quality Act. Councilmember McSweeney 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
RECESS
City Council went into recess at 9:35 p.m.
City Council reconvened at 9:45 p.m. in Halloween costumes and provided a Public Safety Announcement encouraging all residents to be safe while having fun on Halloween.
ADJOURNMENT:
Meeting adjourned at 9:48 p.m.
Ra Roul
Ray Pearl, Mayor
Attest:
Antoinedabam
Antoinette Mann, City Clerk *
ORATED DECI
SALIFORNIP