CLOSEST ARE TEET
NED E DAVIS KELLY HONIG SUSAN McSWEENEY BRAD HALPERN RAY PEARL Mayor Mayor Pro Tem Councilmember Councilmember Councilmember
MINUTES
Study Session - September 11, 2024
CALL TO ORDER:
This Study Session meeting of the Westlake Village City Council was called to order by Mayor Davis on Wednesday, September 11, 2024 at 4:35 p.m., at 31200 Oak Crest Drive, Westlake Village.
ROLL CALL:
PRESENT: Councilmembers Pearl, Halpern, McSweeney, Mayor Pro Tem Honig, and Mayor Davis
ABSENT: None
Also Present: City Manager de Geus, Assistant City Attorney Young, City Clerk Mann, lanning Director Asp, City Engineer Hughes, Senior Planner Sinkula Assistant to the City Manager Mott, and Deputy City Clerk Kramer PUBLIC COMMENTS:
STUDY SESSION:
1. ADMINISTRATIVE CITATIONS FOR MUNICIPAL CODE VIOLATIONS City Manager de Geus stated the purpose of the study session is for the City Council to discuss modifications to the code enforcement program to include the issuance of administrative citations for violations of the Municipal Code item.
Planning Director Asp stated that on January 24, 2024, the City Council established a goal to evaluate and update the code enforcement program to allow for citations and financial penalties. Currently, staff seek voluntary compliance to correct all violations. Non-compliance violations of the Municipal Code are elevated to the City Prosecutor for potential civil litigation and/or criminal prosecution. She added that Government Code Section 53069.4 authorizes local agencies to make a violation of their ordinances subject to an administrative citation. This provision allows local agencies to utilize a more efficient and cost- effective code enforcement method than civil litigation and criminal prosecution for less egregious violations and can be an enforcement tool for all violations of the Municipal Code.
City Council Study Session Minutes
City of Westlake Village September 11, 2024 2
STUDY SESSION (continued):
Planning Director Asp reviewed the Process for Issuance of Administrative Citations including State law requirements and procedures, time periods to correct violations, and results following compliance and non-compliance. She noted the administration of the code enforcement program would continue to be complaint- based with the goal of education and voluntary compliance for each violation.
She noted that the Administrative Fine Schedule for General Violations, fines imposed by a local agency must be reasonable and cannot be excessive or grossly disproportional to the gravity of the offense. Staff recommended administrative fines of $100 for the first violation, $200 for the second violation within the same year, $500 for the third violation within the same year, and $1,000 for the fourth violation and each subsequent violation within the same year.
A separate Administrative Fine Schedule was recommended for Protected Tree Violations of Chapter 9.21 ("Oak Tree and Heritage Tree Preservation Standards") of the Municipal Code, as a return to the pre-violation status quo is not feasible for this type of violation and damage can be permanent. The administrative fine schedule for protected tree violations would establish a penalty framework to deter illegal removals and alterations and provide staff and the public with a clear path of consequences.
A code enforcement program strives to obtain voluntary compliance, and always begins communications regarding a potential violation with education outreach and an opportunity to voluntarily comply as the first step. The ability to issue administrative citations would improve enforceability and provide a more structured, effective, and consistent approach for the code enforcement program.
Staff recommends that an administrative citation ordinance define "responsible party" to be a person whom an enforcement official determines is responsible for causing or committing a violation of the Municipal Code and propose using a general definition of responsible party to retain flexibility in cases where a violation may involve multiple parties.
The Administrative Committee (Davis/Honig) reviewed modifications to the code enforcement program on March 11, 2024, and May 21, 2024, and expressed support for the issuance of administrative citations to enforce the prohibition on the use of gas-powered leaf blowers and for general violations of the Municipal Code.
Planning Director Asp stated that implementing the current code enforcement program requires significant staff time, which will increase substantially if the City Council adopts an ordinance to authorize the issuance of administrative citations.
To effectively manage the expanded program, staff will need to purchase citation tracking software and contract for citation processing services to ensure impartial administrative review when requested by the administrative citation recipients.
City Council Study Session Minutes
City of Westlake Village September 11, 2024 3
STUDY SESSION (continued):
Additionally, the City will need to hire temporary and/or part-time staff to assist with issuing and tracking citations. The ongoing demands of the program may necessitate the addition of a second part-time Community Preservation Officer to sustain the program's effectiveness.
City Council discussion included considerations and concerns about applying fines to gas powered leaf blowers, fining the homeowner or property owner rather than the gardeners utilizing the equipment, the ability to apply fines to other infractions as they occur, and the desire to continue educating first before issuing any citations.
Direction was provided by the City Council to return with an ordinance that puts in place the necessary policy, procedures and fee structure that would allow for the issuance of administrative citations for violations of the Municipal Code while further discussion and evaluation continues on the operational procedures for how and when administrative citations would be used.
ADJOURNMENT:
Mayor Davis adjourned the meeting at 5:37 p.m. to the regular session scheduled for 6:30 p.m.
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Ned E Davis, Mayor
Attest:
Antoinette Andren
Antoinette Mann, City Clerk
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TED DEC
CALIFORNIA