Meeting
City Council
REGULAR MEETING
Tuesday, June 28, 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: None
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 June 15, 2022, and June 22, 2022; approve June 29, 2022, subject to review and ratification.
B.
Minutes of City Council meeting of June 14, 2022
RECOMMENDATION:
Approve
20220614
C.
CalRecycle Grant Acceptance
RECOMMENDATION:
1. Accept award of $177,791 from California Department of Resources, Recycling and Recovery for a Senate Bill (SB) 1383 Local Assistance Grant.
2. Approve budget appropriation and expense in the amount of $177,791 from A/C #631-8420-435-7011 (Solid Waste Intergovernment Revenue) to A/C #631-8420-685-3299 PROJECT:SB1383) for Senate Bill (SB) 1383 Local Assistance Grant from California Department of Resources, Recycling and Recovery (CalRecycle).
Staff Report
D.
Annual Gann Appropriations Limit
RESOLUTION ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2022-2023 RECOMMENDATION:
Adopt resolution approving the Annual Gann Appropriations Limit calculation, setting City of Thousand Oaks’ Gann Limit at $211,750,133 for FY 2022-23.
Staff Report
Attachment 1 Gann Limitation by Fiscal Year
Attachment 2 Gann Resolution
E.
Countywide Stormwater Program Implementation Agreement
RECOMMENDATION:
Approve the Second Amendment to the existing National Pollutant Discharge Elimination System Implementation Agreement (Contract No. 9447-2010) for the Ventura Countywide Stormwater Quality Management Program, extending the term of the agreement by one year to September 11, 2023.
Staff Report
Attachments 1 and 2
F.
Vehicle Fueling at Municipal Service Center Update
RECOMMENDATION:
1. Approve budget appropriation and expenditure in the amount of $610,000 to the FY 2022-23 General Fund Budget from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001-5640-631-3510 (General Fund: Vehicle Expense/Fuel).
2. Approve addition of the Conejo Valley Unified School District and monthly invoicing in the City’s Cooperative Fleet Fuel Purchase Program.
Staff Report
Att 1 and 2 CA Contract 1 18 91 02 B and CVUSD 2022 Vehicle Equipment List G.
FY 2022-23 Insurance Renewals
RECOMMENDATION:
1. Authorize City Manager or designee to purchase insurance policies for excess liability, deadly weapon response, special event, aircraft (drone), excess workers' compensation insurance, government crime, property, and earthquake, for the term of July 1, 2022 through June 30, 2023.
2. Authorize expenditure in an amount not to exceed $596,200 from A/C #711-0520-686-6312 (Internal Service Fund: Liability) as follows: $581,900 for payment of premiums for excess liability insurance, $6,300 for renewal of deadly weapon response insurance, $6,700 for special event insurance, and $1,300 for renewal of aircraft (drones) insurance.
3. Approve additional budget appropriation to Adopted FY 2022-23 General Fund Budget in the amount of $31,500 from A/C #001-0000-311-1000 (General Fund – Fund Balance) to A/C #001-0520-612-6312 (General Fund – Insurance General Liability Premium) for renewal of liability insurance.
4. Approve additional budget appropriation to Adopted FY 2022-23 Liability Fund Budget in the amount of $31,500 from A/C #711-0520-486-0000 (Internal Service Fund - Liability Revenue) to A/C #711-0520-686-6312 (Internal Service Fund - Liability) for renewal of liability insurance.
5. Authorize expenditure in an amount not to exceed $108,300 from A/C #712-0520-686-6321 (Internal Workers Compensation Fund) for renewal of excess workers’ compensation insurance.
6. Authorize expenditure in an amount not to exceed $4,500 from A/C #001-0520-612-6340 (Internal Service Fund: Liability) for renewal of government crime insurance.
7. Authorize expenditure in an amount not to exceed $1,409,100 from the General Fund, Library Fund, ECTA Fund, Landscape Fund, Water Fund, Wastewater Fund, Transportation Fund, and Solid Waste Fund as follows: $1,035,600 for property insurance, and $373,500 for Difference in Conditions (earthquake) insurance.
Staff Report
H.
Fats, Oils, and Grease Facility Improvements Project (CI 5441) RECOMMENDATION:
1. Authorize staff to advertise for construction bids for the Fats, Oils, and Grease Facility Improvements Project (CI 5441).
2. Authorize award for the purchase of Fats, Oils, and Grease screening equipment from Huber Technology, Inc. (Huber), Denver, Colorado, in an amount not to exceed $422,663.89 from A/C #624-8250-682-8400 (CI 5441, Capital Improvements).
Staff Report
Attachment 1 Vicinity and Location Map
I.
Residential Wastewater Service Charges on Property Tax Roll RESOLUTION APPROVING THE REPORT OF RESIDENTIAL WASTEWATER SERVICE CHARGES FOR FISCAL YEAR 2022-23 AND DIRECTING THE FILING OF CHARGES FOR COLLECTION BY THE COUNTY TAX COLLECTOR RECOMMENDATION:
Adopt resolution approving the report of residential wastewater service charges and authorizing the County of Ventura to collect residential wastewater service charges via direct assessment on the Ventura County secured tax roll for FY 2022-23. Two-thirds vote required.
Staff Report
Attachment 1 Resolution
Attachment 2 Report of Annual Residential Charges
J.
New Salary Schedule Adoptions
RESOLUTION ESTABLISHING NEW SALARY SCHEDULE FOR THOUSAND OAKS CITY EMPLOYEE ASSOCIATION (TOCEA), AND RESCINDING RESOLUTION NO. 2021-027 RESOLUTION ESTABLISHING NEW SALARY SCHEDULE FOR PROFESSIONAL EMPLOYEES (THOUSAND OAKS MANAGEMENT ASSOCIATION – TOMA), AND RESCINDING RESOLUTION NO. 2021-029 RESOLUTION ESTABLISHING NEW SALARY SCHEDULE FOR SENIOR MANAGEMENT, CONFIDENTIAL, AND SUPERVISORY EMPLOYEES (SENIOR MANAGEMENT ASSOCIATION – SMA) AND RESCINDING RESOLUTION NO. 2021-031 RESOLUTION ESTABLISHING NEW SALARY SCHEDULE FOR HOURLY EMPLOYEES AND RESCINDING RESOLUTION NO. 2021-032 RECOMMENDATION:
1. Adopt resolution to establish a new salary schedule for General Employees [Thousand Oaks City Employees Association (TOCEA)] and rescind Resolution No. 2021-027.
2. Adopt resolution to establish a new salary schedule for Professional Employees [Thousand Oaks Management Association (TOMA)] and rescind Resolution No. 2021-029.
3. Adopt resolution to establish a new salary schedule for Senior Management, Confidential, and Supervisory Employees [Senior Management Association (SMA)] and rescind Resolution No. 2021-031.
4. Adopt resolution to establish a new salary schedule for Hourly Employees and rescind Resolution No. 2021-032.
Staff Report
Att 1 TOCEA Resolution
Att 2 TOMA Resolution
Att 3 SMA Resolution
Att 4 Hourly Resolution
K.
ORDINANCE FOR SECOND READING
ORDINANCE ADOPTING SPECIFIC PLAN NO. 22 (325 AND 391 HAMPSHIRE ROAD), AND ITS ASSOCIATED GENERAL PLAN AMENDMENT; AND AUTHORIZING THE LAND USES AND DEVELOPMENT STANDARDS IN SAID SPECIFIC PLAN (APPLICANT: IMT CAPITAL V HAMPSHIRE, LLC) (Introduced 6/14/2022; 5-0) ORD. NO. 1699-NS
RECOMMENDATION:
Adopt
1699-NS - IMT - SP Ordinance
L.
ORDINANCE FOR SECOND READING
ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (325 AND 391 HAMPSHIRE ROAD; APPLICANT: IMT CAPITAL V HAMPSHIRE, LLC) (Introduced 6/14/2022; 5-0) ORD. NO. 1700-NS
RECOMMENDATION:
Adopt
1700-NS - IMT - DA Ordinance
8. PUBLIC HEARINGS:
A.
Multi-family Residential Apartments and Parking Structure at 1 Baxter Way (APNs): 680-0-230-695 and 680-0-230-715 RESOLUTION APPROVING A GENERAL PLAN AMENDMENT, ZONE CHANGE; SPECIFIC PLAN; DEVELOPMENT AGREEMENT; RESIDENTIAL PLANNED DEVELOPMENT, DEVELOPMENT PERMIT; LAND DIVISION; PROTECTED TREE PERMIT; AND APPROVING A DEVELOPMENT AGREEMENT AND SPECIFIC PLAN NO. 23, AND CERTIFYING AND ADOPTING THE FINAL ENVIRONMENTAL IMPACT REPORT AND ASSOCIATED MITIGATION MONITORING AND REPORTING PROGRAM FOR THE USE OF CERTAIN PROPERTY WITHIN SAID CITY AT 1 BAXTER WAY.
APPLICATIONS: LU 2019-70563; Z 2021-70556; SP 70556; SP 2021-71106; DAGR 2022-70052; RPD 2021-70558; DP 2022-70098; LD 2021-70557; PTP 2021-70559; and FEIR 2021-71100 (ONE BAXTER WAY, L.P.) ORDINANCE ADOPTING SPECIFIC PLAN NO. 23 (1 BAXTER WAY), AND ITS ASSOCIATED GENERAL PLAN AMENDMENT; AND AUTHORIZING THE LAND USES AND DEVELOPMENT STANDARDS IN SAID SPECIFIC PLAN (APPLICANT: ONE BAXTER WAY, L.P.) ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (1 BAXTER WAY; APPLICANT: ONE BAXTER WAY, L.P.) RECOMMENDATION:
1. Adopt resolution certifying the Final Environmental Impact Report (FEIR) 2021-71100 and associated Mitigation Monitoring and Reporting Program prepared in accordance with the California Environmental Quality Act (CEQA) for the subject project, approve Development Agreement 2022-70052 to specify public and private benefits and responsibilities related to the project, and approve General Plan Land Use Amendment 2019-70563 to change the General Plan land use designation for the 8.8-acre residential portion from Industrial to High Density Residential 15-30 dwelling units per net acre; Zone Change 2021-70556 to change zoning designation of Industrial Park (M-1) to Specific Plan 23 (SP 23); Specific Plan 2021-71106 to establish specific development standards for the project; Residential Planned Development 2021-70558 to construct 264 residential units and associated development; Development Permit 2022-70098 for the proposed four-story parking structure; Land Division 2021-70557 to establish two legal lots of record; and Protected Tree Permit 2021-70559 to allow the removal of three coast live oak (Quercus agrifolia) trees, two valley oak (Quercus lobata) trees, and 26 California sycamore (Platanus racemosa) trees and encroachment into the protected zone of one California Black Walnut (Juglans californica), nine valley oak trees, 35 California sycamore trees, and 54 coast live oak trees.
2. Read ordinances in title only, further reading be waived, and, if no objection, introduce ordinance adopting SP 23 (1 Baxter Way), and its associated General Plan Amendment, and authorizing the land uses and development standards in said Specific Plan and introduce ordinance approving Development Agreement (DAGR) 2022-70052.
Staff Report
ATTACHMENT 1 Vicinity Map
ATTACHMENT 2 Location Map
ATTACHMENT 3 Aerial Photo
ATTACHMENT 4 Resolution
ATTACHMENT 5 GPA and SP 23 Ordinance
ATTACHMENT 6 – DAGR 2022 70052 Ordinance
ATTACHMENT 7 Planning Commission Resolution
ATTACHMENT 8 Planning Commission Staff Report dated June 13 2022 ATTACHMENT 9 Development Agreement
ATTACHMENT 10 Supplemental Letter Response dated June 23 2022 ATTACHMENT 11 Draft EIR
ATTACHMENT 12 CEQA Findings MMRP RTC Final EIR
B.
Municipal Code Amendment Regarding Adult-Use Cannabis (MCA 2022-70430) ORDINANCE AMENDING THOUSAND OAKS MUNICIPAL CODE TITLE 5, CHAPTER 29, SECTIONS 5-29.01, 5-29.05, 5-29.08 (a) ,
5-29.11, 5-29.12(a), 5-29.14,
5-29.18(b),
5-29.24, 5-29.27(d), 5-29.31(c), 5-29.32(e), 5-29.34(a)(1), 5-29.34(a)(2), 5-29.34(a)(3), 5-29.34(a)(6), 5-29.36(h) and 5-29.37(c) REGARDING ALLOWING ADULT-USE RETAIL OF CANNABIS AND UPDATED LANGUAGE TO MEET CURRENT STANDARDS, AND AMENDING TITLE 9, CHAPTER 4, SECTIONS 9-4.202 AND 9-4.2105 TO INCLUDE CANNABIS RETAILER AS A PERMITTED USE IN THE M-1 ZONE (MCA 2022-70430)
RECOMMENDATION:
Read ordinance in title only, further reading be waived, and if no objection introduce ordinance to do the following: amend Title 5, Chapter 29 of the Thousand Oaks Municipal Code to allow two local cannabis retail operators the option to sell adult-use cannabis in addition to the sale of medical cannabis as well as make appropriate edits to definitions and sections of the regulatory sections to be consistent with State law; and, to amend Title 9, Chapter 4, Article 2, Section 9-4.202 and Title 9, Chapter 4, Article 21, Section 9-4.2105 of the Thousand Oaks Municipal Code to modify definitions related to cannabis retailers and the zoning matrix to permit a cannabis retailer to sell both adult-use and medical cannabis in a permitted facility only within the M-1 zone.
Staff Report
Attachment 1 Ordinance
C.
Annual Collection of Delinquent Wastewater Service Charges - Property Tax Roll
RESOLUTION PROVIDING FOR COLLECTION OF DELINQUENT WASTEWATER SERVICE CHARGES BY ATTACHMENT TO REAL PROPERTY TAX ROLL RECOMMENDATION:
1. Adopt resolution approving the Annual Collection of Delinquent Wastewater Service Charges by Attachment to Real Property Tax Roll. Two-thirds vote required.
2. Approve the list of property owner names, addresses, parcel numbers, and the assessment amounts to be submitted to the Ventura County Auditor-Controller.
Staff Report
Attachment 1 Resolution
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS: None
11. COMMITTEE/COMISSION/BOARD REPORTS: None
12. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
13. COUNCIL ISSUES/RECOMMENDATIONS: None
14. CITY MANAGER:
A.
Announcements and upcoming issues
15. CLOSED SESSION:
A.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION – Title: City Attorney; Pursuant to Government Code Section 54957(b)(1) B.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION – Title: City Manager; Pursuant to Government Code Section 54957(b)(1) C.
CONFERENCE WITH LABOR NEGOTIATORS – City designated representatives: Mayor Bob Engler and Human Resources Director Tim Giles; unrepresented employee: City Attorney; Pursuant to Government Code Section 54957.6 D.
CONFERENCE WITH LABOR NEGOTIATORS – City designated representatives: Mayor Bob Engler and Human Resources Director Tim Giles; unrepresented employee: City Manager; Pursuant to Government Code Section 54957.6
16. PUBLIC NOTICES: None
17. ADJOURNMENT:
Adjourn to Regular Meeting July 5, 2022
Agenda Post Date/Time: Jun 23, 2022, 5:00P.M.
CCD:610-40\h:\common\agenda\2022\06-28-22.docx