Meeting
City Council
REGULAR MEETING
Tuesday, May 24, 2022, 6:00 PM
Andrew P. Fox City Council Chambers
Public advisory: Face masks are strongly recommended
.
You may view the City Council meeting broadcast live on TV (Frontier Channel 3, Spectrum Channel 10), and YouTube ( CTO Meetings
).
If you would like to submit a written comment, please complete the online Comment Form
. Please see Public Input section below for more information.
The Brown Act prohibits a person from having to register to attend a City Council meeting. The Zoom app requires registration if you would like to attend via video/teleconference.
If you do not wish to register to attend the City Council meeting via Zoom, City Council chambers is open and accessible to the public.
If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form
. Please see Public Input section below for more information.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 449-2151 within 48 hours of the meeting.
Bob Engler
, Mayor
Ed Jones
, Mayor Pro Tem
Claudia Bill-de la Peña
, Councilmember
Al Adam
, Councilmember
Kevin McNamee, Councilmember
Executive Team
Andrew P. Powers, City Manager
Tracy M. Noonan, City Attorney
Ingrid Hardy, Assistant City Manager
Gary Rogers, Deputy City Manager
Kelvin Parker, Community Development Director
Jaime Boscarino, Finance Dir./City Treasurer
Cynthia M. Rodriguez, City Clerk
Clifford G. Finley, Public Works Director
Jonathan Serret, Cultural Affairs Director
Tim Giles, Human Resources Director
Jim Friedl, General Manager, CRPD
Jennifer Patterson, Library Services Director
Jeff Shea, Fire Chief
Jeremy Paris, Police Chief
MISSION STATEMENT:
Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:
AGENDA AVAILABILITY
:
The City Council Agenda is posted at the entry to the Civic Arts Plaza/City Hall, 2100 E. Thousand Oaks Boulevard, Thousand Oaks [main posting location pursuant to the Brown Act, G.C. 54954.2(a)]. Agenda packet and “Live and Archived” meetings and minutes are available on the City’s website at www.toaks.org
. Televised City Council Meetings are re-broadcast Thursday and Sunday (following meeting) at 10:00 a.m. and 6:00 p.m. on TV (Frontier Channel 3, Spectrum Channel 10).
PUBLIC INPUT
:
To provide your comments to the City Councilmembers
please submit comments via the online
Comment Form
. Written comment cards will also be available for submission at the meeting. If you would like to speak REMOTELY (NOT in person) on an agenda item during the meeting, please complete the online
Speaker Form
(you will be asked to provide an email address and telephone number). If you would like to speak IN PERSON, speaker cards will be available at the meeting and MUST be submitted in person. Doors open at 5:30 p.m. All Ventura County Health requirements will be followed, which may include limited capacity, social distancing, and wearing face masks. Persons addressing the City Council are requested to state their name and community of residence for the record. If you need further assistance, please email the City Clerk Department at [email protected]
or call (805) 449-2151.
Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law. Communications will NOT be edited for redactions and will be printed/posted as submitted.
SPANISH INTERPRETATION
:
If you need interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at (805) 449-2151 or by email at [email protected]
. N
otification of at least 48 hours will usually enable the City to make arrangements.
INTERPRETACIÓN AL ESPAÑOL
:
Si necesita una interpretación del español al inglés para sus comunicaciones al Consejo de la Ciudad, comuníquese con el Departmento del Secretario Municipal al (805) 449-2151 o por correo electrónico a [email protected]
.
Por favor, avísenos con al menos 48 horas de anticipación para que la ciudad pueda hacer los arreglos necesarios.
CONSENT CALENDAR
:
Matters listed on Consent Calendar that do not require significant reporting and/or discussion for decision or considered to be routine, will be approved by one motion as recommended. There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.
SUPPLEMENTAL INFORMATION
:
Any agenda related information received and distributed to the City Council after the Agenda Packet is produced is included in Supplemental Packets. Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. Both the Thursday and Tuesday Supplemental Packets are available for public review on the City’s website .
JUDICIAL REVIEW
:
Any legal action by an applicant seeking to obtain a judicial review of the City Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90-day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 1-4.05.
1. CALL TO ORDER: 6:00 p.m.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Councilmembers Bill-de la Peña, Adam, McNamee, Jones, and Mayor Engler
4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A.
Girls Scouts of Central Coast
B.
Conejo Recreation and Park District Annual Update
C.
Ventura County Fire Department – Fire Resiliency
6. PUBLIC COMMENTS: To be heard before 6:45 p.m. If additional speakers for public comments remain at 6:45 p.m., remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011-066/067)
7. CONSENT CALENDAR:
A.
General, Utilities, Golf Course, and Theatres Demands
RECOMMENDATION:
Ratify
April 27, 2022, May 4, 2022, May 11, 2022, and May 18, 2022 ; approve May 25, 2022, June 1, 2022, and June 8, 2022, subject to review and ratification B.
Minutes of City Council meetings of April 26, 2022, May 10, 2022, and May 17, 2022 RECOMMENDATION:
Approve
Minutes
C.
2022 Pavement Overlay Program (CI 5538)
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FY 2022-23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 RECOMMENDATION:
1. Adopt resolution approving list of streets to be funded in part with FY 2021-22 and FY 2022-23 SB1 Road Maintenance and Rehabilitation Account (RMRA) revenue for construction of the 2022 Pavement Overlay Program (CI 5538).
2. Approve Reimbursement Agreements in the total amount of $36,220; $32,000 from Triunfo Water and Sanitation District ($29,500 contract, plus $2,500 contingency); and $4,220 from Calleguas Municipal Water District ($3,600 contract, plus $620 contingency).
3. Approve budget appropriation and expenditure in the amount of $36,220 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001-0000-437-9900 (CI 5538, Triunfo Wastewater District and Calleguas Municipal Water District Reimbursement Agreements).
Staff Report
Att 1 Resolution
Att 2 Reimbursement Agreement with Triunfo
Att 3 Reimbursement Agreement with Calleguas
D.
Alerton Building Automation Services at the Civic Arts Plaza RECOMMENDATION:
1. Approve single source designation of Signet for BAS services pursuant to Thousand Oaks Municipal Code Section 3-10.202.
2. Award agreement for professional services to Signet Controls, Inc. (Signet), of Moorpark, CA, for Alerton building automation system (BAS) services at the Civic Arts Plaza (CAP) effective May 24, 2022, and ending May 31, 2025, with two one-year options to extend the agreement. The not-to-exceed amount is $375,000 over the lifetime of the contract, which includes $275,000 for base contract services and $100,000 for extra services.
3. Authorize expenditure in the total amount of $101,878 from the following General Fund accounts; $26,751 from A/C #001-3570-612-5621, $71,783 from A/C #001-3577-677-5621, and $3,344 from A/C #001-3580-612-5621 for remaining FY 2021-22 and FY 2022-23 budget cycles.
4. Approve budget appropriation and authorize expenditure in the amount of $36,000 in FY 2021-22 and $23,000 in FY 2022-23 from A/C #001-0000-311-1000 (General Fund - Fund Balance) to A/C #001-3577-677-5621 (Contracted Services – HVAC).
Staff Report
052422 Alerton Building Automation Services at CAP Attach #1 E.
Unarmed Security Guard Services at the Thousand Oaks Transportation Center RECOMMENDATION:
1. Approve five-year agreement, from July 3, 2022, through June 30, 2027, with Taurus Protection, Inc., Thousand Oaks, CA, for unarmed security guard services in the amount of Not-to-Exceed $720,600.
2. Authorize expense for FY 2022-23 in the amount of $130,410 ($108,810 weekly service and $21,600 special service) from A/C #651-5540-682-5540 (Transportation Fund/Contracted Services).
Staff Report
Att 1 Agreement with Taurus Protection Inc
F.
Unit W - Wastewater Pipe and Maintenance Hole Lining (CI 5530) RECOMMENDATION:
1. Approve the project design, specifications, and Addendum No. 1 for construction of the Unit W – Wastewater Pipe and Maintenance Hole Lining Project (CI 5530).
2. Award construction contract for Unit W – Wastewater Pipe and Maintenance Hole Lining Project (CI 5530) to Southwest Pipeline and Trenchless Corp. (Torrance, CA), in the amount of $2,107,925, plus a contingency of $210,792.
3. Approve budget appropriation in the amount of $408,547 from A/C #624-0000-341-9900 (Wastewater- Net Position) to A/C #624-8220-682-8300 (CI 5530).
4. Authorize expenditure in the amount of $2,323,717 ($2,107,925 Construction Contract, $210,792 Construction Contract Contingency, and $5,000 City Furnished) from A/C #624-8220-682-8300 (CI 5530).
5. Delegate authority to the City Engineer to approve changes in the design, plans, specifications, and working details of the project on work directives and change orders up to the project approved contingency amount.
Staff Report
Att 1 Vicinity and Location Maps
G.
Environmental Impact Report Consultant Agreement
RECOMMENDATION:
1. Approve first amendment to Contract No. 12843-2021 with Rincon Consultants, Inc., Los Angeles, CA, in the amount of $118,150 ($64,421 for additional scope and $53,729 for extra services) for a new total not-to-exceed amount of $300,000.
2. Approve additional budget appropriation and expenditure in the amount of $118,150 from A/C #001-4210-447-5000 (Charges for Services - Environmental Review) to A/C #001-4210-641-5947 (Contracted Services, Reimbursable).
Staff Report
Attachment 1 Contract No 012843 2021 with Rincon Consultants Attachment 2 First Amendment
H.
Landscape and Lighting Assessment District No. 79-2 FY 2022-23 Initiating Assessments RESOLUTION INITIATING PROCEEDINGS FOR ANNUAL LEVY OF ASSESSMENTS FOR THOUSAND OAKS LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 79 2 (FISCAL YEAR 2022-23) RESOLUTION CONFIRMING THE PRELIMINARY ENGINEER’S REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS FOR THOUSAND OAKS LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 79-2 (FISCAL YEAR 2022-23) RESOLUTION DECLARING ITS INTENTION TO LEVY ANNUAL ASSESSMENTS FOR THOUSAND OAKS LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 79-2 (FISCAL YEAR 2022-23) RECOMMENDATION:
1. Adopt resolutions to initiate assessment proceedings, approve Preliminary Engineer’s Report, and set public hearing date of June 14, 2022, for Landscape and Lighting Assessment District No. 79-2 FY 2022-23 Assessments.
2. Approve and Authorize the City Engineer to execute the agreement with Ventura County Auditor-Controller to place Landscape and Lighting Assessment District assessments on the Secured Tax Rolls and distribution of Collections to the City for $0.17 per assessment per parcel, plus administration and collection fees.
Staff Report
Att 1 District Overview
Att 2 Preliminary Engineer's Report
Att 3 Reso Initiating Proceedings
Att 4 Reso Declaring Intention to Levy Assessments
Att 5 Reso Confirming Preliminary Engineer
Att 6 FY22-23-Agreement with Auditor-Controller
I.
Transit Fares and Operational Update
RECOMMENDATION:
1. Authorize staff to implement reduced fare program for all local Thousand Oaks Transit services effective July 1, 2022, through December 31, 2022.
2. Authorize City Manager or designee to extend reduced fares for up to an additional 6-months through June 30, 2023, should it align with current transit practices regionally.
3. Approve an adjustment to 31-day unlimited ride fare pass from $56.00 to $50.00 to align the pass price with similar passes offered by Ventura County Transportation Commission Intercity Bus and Gold Coast Transit District.
Staff Report
Att 1 Fare Table
J.
Bank of America Performing Arts Center Resident Companies Renewal RECOMMENDATION:
1. Approve 5 Star Theatricals as a Resident Company of the Bank of America Performing Arts Center, for a term running from July 1, 2022 through June 30, 2025.
2. Approve New West Symphony as a Resident Company of the Bank of America Performing Arts Center, for a term running from July 1, 2022 through June 30, 2025.
3. Approve Pacific Festival Ballet as a Resident Company of the Bank of America Performing Arts Center, for a term running from July 1, 2022 through June 30, 2025.
Staff Report
Attachment 1 Resident Arts Organization Policy
K.
City of Thousand Oaks Sewer System Management Plan Update (MI 2632) RECOMMENDATION:
Approve the recently updated 2022 Sewer System Management Plan and its findings and recommendations (MI 2632).
Staff Report
Att 1 SSMP Update
L.
Exempt Surplus Land Pursuant to the Surplus Lands Act
RESOLUTION DECLARING THE PROPERTY LOCATED AT 384 NORTH ERBES ROAD (APN 670-0250-210, and APN 670-0250-290) AS EXEMPT SURPLUS LAND PURSUANT TO THE SURPLUS LAND ACT RECOMMENDATION:
Adopt resolution declaring the property located at 384 N. Erbes Road (APN 670-0250-210 and APN 670-0250-290) as Exempt Surplus Land pursuant to the Surplus Lands Act; and authorize the City Manager to take action(s) necessary to effectuate the purposes of the resolution.
Staff Report
Attachment 1 Resolution
M.
Wireless Telecommunications Consultant Services
RECOMMENDATION:
1. Approve agreement with Telecom Law Firm, P.C. of Los Angeles, California, for wireless telecommunications consultant services for $85,000 for a one-year term, from July 1, 2022, to June 30, 2023, with an option to extend for a maximum of two additional one-year terms for a total not-to-exceed amount of $255,000.
2. Approve budget appropriation in the amount of $85,000 from A/C #001-4210-447-4000 (Charges for Services – Planning Fees/Permit) to A/C #001-4210-641-5947 (Contracted Services, Billable Time) for FY 2022-23.
3. Authorize expenditure in the amount of $85,000 from A/C #001-4210-641-5947 (Contracted Services, Billable Time).
4. Authorize staff to waive the formal Request for Proposal/Qualifications (RFP/Q) process in accordance with Thousand Oaks Municipal Code (TOMC) Section 3-10.501.
Staff Report
Attachment 1 Wireless Agreement with Telecom Law
N.
Building Automation Services at the Civic Arts Plaza
RECOMMENDATION:
1. Approve single source designation of Signet Controls, Inc. (Signet) for building automation system (BAS) services pursuant to Thousand Oaks Municipal Code Section 3-10.202.
2. Award agreement for professional services to Signet, of Moorpark, CA, for Alerton BAS services at the Civic Arts Plaza (CAP) effective May 24, 2022, and ending May 31, 2025, with two one-year options to extend the agreement. The not-to-exceed amount is $375,000 over the lifetime of the contract, which includes $275,000 for base contract services and $100,000 for extra services.
3. Authorize expenditure in the total amount of $101,878 from the following General Fund accounts: $26,751 from A/C #001-3570-612-5621, $71,783 from A/C #001-3577-677-5621, and $3,344 from A/C #001-3580-612-5621 for remaining FY 2021-22 and FY 2022-23 budget cycles.
4. Approve budget appropriation and authorize expenditure in the amount of $36,000 in FY 2021-22 and $23,000 in FY 2022-23 from A/C #001-0000-311-1000 (General Fund - Fund Balance) to A/C #001-3577-677-5621 (Contracted Services – HVAC).
Staff Report
Attachment 1 Agreement with Signet Controls Inc
O.
Hill Canyon Treatment Plant Security Upgrades (CI 5567) RECOMMENDATION:
1. Approve First Amendment to Contract No. 12829-2021 with Triad Consulting & System Design Group, LLC, of Corona, CA to add $23,000 with a new not-to-exceed amount of $98,000 over the lifetime of the contract.
2. Approve security software selection of Genetec.
3. Authorize staff to solicit bids for the Hill Canyon Wastewater Treatment Plant Security Upgrades project (CI 5567).
4. Authorize expenditure in the amount of $23,000 from A/C #624-8250-682-8200 (CI 5567, Buildings - Capital).
Staff Report
Attachment 1 First Amendment to Contract No 12829 2021
P.
Homeland Security Grant for the Disaster Assistance Response Team RECOMMENDATION:
1. Authorize acceptance of the County of Ventura’s Homeland Security grant in the amount of $10,000 to be received by the Thousand Oaks Police Department’s Disaster Assistance Response Team (DART).
2. Approve expenditure in the amount of $10,000 from A/C #001-6740-627-3300 (OES016, DART Equipment less than $5,000).
Staff Report
Attachment 1 Award letter from the Ventura County Sheriff Attachment 2 Expenditure Plan for grant funds
8. PUBLIC HEARINGS: None
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS:
A.
November 8, 2022 General Municipal Election and League of Women Voters City Council Candidate Forum RESOLUTION CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION OF THREE COUNCILMEMBERS FOR FOUR-YEAR TERMS AS REQUIRED BY THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES RESOLUTION REQUESTING VENTURA COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 8, 2022 WITH STATEWIDE GUBERNATORIAL GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO CALIFORNIA ELECTIONS CODE § 10403 RESOLUTION ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE’S STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 RECOMMENDATION:
1. Adopt resolution Calling for the General Municipal Election for November 8, 2022 for election of three Councilmembers.
2. Adopt resolution Consolidating General Municipal Election with the Statewide Gubernatorial General Election (including contract with Ventura County for Election Services).
3. Adopt resolution Adopting Candidate Statement Guidelines and Costs.
4. Authorize expenditure in an amount not to exceed $55,000 from A/C #001-2110-611-6910 (Election Costs) for contract services with Ventura County Elections Division.
5. Authorize expenditure of $3,000 from A/C #001-2110-611-6910 (Election Costs) and authorize City Manager to approve League of Women Voters’ (LWV) request for use of the Scherr Forum Theatre and Thousand Oaks Television (TOTV) for a televised City Council Candidate Forum on a date to be determined contingent on the Governor’s and Ventura County Public Health Officer’s orders and theatre availability.
Staff Report
Attach 1 Resolution Calling For and Giving Notice of Election Attach 2 Resolution No 2018-033
Attach 3 Resolution Requesting Consolidation of Election Attach 4 Resolution Adopting Regulations for Candidate Statements B.
Water Shortage Declaration
RESOLUTION DECLARING A LEVEL 4 WATER SUPPLY SHORTAGE PURSUANT TO MUNICIPAL CODE SECTION 10-2.1107 AND ENACTING ADDITIONAL WATER CONSERVATION MEASURES PURSUANT TO MUNICIPAL CODE SECTION 10-2.1112 RECOMMENDATION:
1. Adopt resolution declaring a Level 4 Water Supply Shortage with minor modifications pursuant to Municipal Code Section 10-2.1107.
2. Approve budget appropriation and authorize expenditure in the amount of $125,000 ($75,000 from A/C #611-0000-341-9900 (Water Fund, Net Position) to A/C #611-8025-682-56.99 (Contracted Services) for water waste patrol service for FY 2022-23 and $50,000 from A/C #611-0000-341-9900 (Water Fund, Net Position) to A/C #611-8025-686-67.00 (Advertising and Mailers) for outreach.
3. Designate a City Councilmember representative to serve on the Calleguas Drought Response Task Force.
Staff Report
Attachment 1 Water Shortage Contingency Plan Conservation Stages Attachment 2 Water Shortage Emergency Condition declaration April 26 2022 Metropolitan Water District Attachment 3 Water Shortage Emergency Condition declaration April 27 2022 Cal Attachment 4 Resolution for Stage 4 Water Supply Shortage C.
Municipal Code Amendment Regarding Urban Lot Splits and Multiple Residential Units Per Lot RESOLUTION DECLARING INTENTION TO CONSIDER AN AMENDMENT TO THE THOUSAND OAKS MUNICIPAL CODE TO IMPLEMENT 2021 SENATE BILL NO. 9 (SB 9), INCLUDING THE CREATION OF URBAN LOT SPLITS AND MULTIPLE RESIDENTIAL UNITS PER LOT (MCA 2022-70465) RECOMMENDATION:
Adopt resolution declaring intention to consider an amendment to the Municipal Code to implement 2021 Senate Bill No. 9 (SB 9), including the creation of urban lot splits and multiple residential units per lot.
Staff Report
Attachment 1 Resolution
11. COMMITTEE/COMISSION/BOARD REPORTS: None
12. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
13. COUNCIL ISSUES/RECOMMENDATIONS:
A.
2022 Southern California Association of Governments General Assembly- Update RECOMMENDATION:
Receive report.
Staff Report
B.
League of California Cities Leaders Summit - May 11-13, 2022 RECOMMENDATION:
Receive report.
Staff Report
Cal Cities Leaders Summit Attachment #1
14. CITY MANAGER:
A.
Announcements and upcoming issues
15. CLOSED SESSION:
A.
CONFERENCE WITH LEGAL COUNSEL – Existing Litigation:
Suzanne Rosenthal vs. City of Thousand Oaks
; Case No.: 56-2019-00531953-CU-PO-VTA; Pursuant to Government Code Section 54956.9(a)
16. PUBLIC NOTICES: None
17. ADJOURNMENT: Adjourn to Regular Meeting June 14, 2022 Agenda Post Date/Time: May 19, 2022, 5:00P.M.
CCD:610-40\h:\common\agenda\2022\05-24-22.docx