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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California June 28, 2022
1. CALL TO ORDER:
Mayor Bob Engler called the meeting to order at 6:00 p.m. in Council Chambers, 2100 Thousand Oaks Boulevard, Thousand Oaks, California.
2. PLEDGE OF ALLEGIANCE: Mayor Engler led the pledge of allegiance.
3. ROLL CALL:
Present: Councilmembers McNamee, Jones, and Mayor Engler Councilmember Bill -de la de la Pena present at 6:01 p.m., Councilmember Adam present at 6: 02 p. m.
Also present in person and via video conference: City Manager Andrew P. Powers, City Attorney Tracy M. Noonan, Assistant City Manager Ingrid Hardy, City Clerk Cynthia M. Rodriguez, Finance Director Jaime Boscarino, Community Development Director Kelvin Parker, Public Works Director Cliff Finley, Cultural Affairs Director Jonathan Serret, Human Resources Director Tim Giles, Library Services Director Jennifer Patterson, Police Chief Jeremy Paris, Deputy Community Development Director John Dugan, Planning Division Manager Stephen Kearns, Senior Planner Carlos Contreras, Chief Assistant City Attorney Patrick Hehir, Deputy Public Works Director Nader Heydari, Transportation Planner Kathy Naoum, Assistant to the City Manager Melissa Hurtado, Communications Manager Alexandra South, Assistant City Attorney Noel Doran, Revenue Operations Manager Tara Tosatto, Deputy City Clerk Laura Maguire, Cable Operations Supervisor Carl Jarecky, Senior Video Specialist Richard Swingler, and Assistant Analyst Christy Glaubke.
4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
Deputy City Clerk Maguire announced Consent Calendar Item 7.H — Fats, Oils, and Grease Facility Improvements Project ( CI 5441) was removed from the agenda.
Additional information supplemental packet.
6. PUBLIC COMMENTS:
Speakers: Jeff Schwartz, Thousand Oaks; Karen Meyer, Thousand Oaks; Ronald Meyer, Thousand Oaks; Billy Martin, city of residence unknown; Sean Rendineo, Thousand Oaks; Indika Jayaratna, Simi Valley ( submitted documents). Additional information supplemental packet.
City Manager Powers addressed public comments.
7. CONSENT CALENDAR:
See Exhibit A for Consent Calendar Listing)
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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 2 June 28, 2022
8. PUBLIC HEARINGS:
C. Hearing, advertised as required by law, opened to consider: Annual Collection of Delinquent Wastewater Service Charges — Property Tax Roll presented by Revenue Operations Manager Tosatto. Finance Director Boscarino available for questions. Additional information supplemental packet.
RESOLUTION PROVIDING FOR COLLECTION OF DELINQUENT
WASTEWATER SERVICE CHARGES BY ATTACHMENT TO REAL
PROPERTY TAX ROLL
RES. NO. 2022- 037
Speakers/ Written Comments: None
Mayor Engler closed the public hearing.
Motion by Councilmember Bill - de la Pena to adopt resolution approving the Annual Collection of Delinquent Wastewater Service Charges by Attachment to Real Property Tax Roll. Two- thirds vote required; approve the list of property owner names, addresses, parcel numbers, and the assessment amounts to be submitted to the Ventura County Auditor - Controller, carried 5- 0 by the following votes: Ayes -- Bill - de la Pena, Adam, McNamee, Jones and Engler; Noes — None.
A. Hearing, advertised as required by law, opened to consider: Multi -family Residential Apartments and Parking Structure at 1 Baxter Way ( APNs): 680- 0- 230- 695 and 680- 0-230- 715 presented by Senior Planner Contreras. Planning Division Manager Kearns, Transportation Planner Kathy Naoum, City Manager Powers, City Attorney Noonan, and Assistant City Attorney Doran responded to questions. Community Development Director Parker, Deputy Community Development Director Dugan, and Public Works Deputy Director Heydari available for questions. Additional information supplemental packet including ex parte communications from all Councilmembers.
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; LID 2021- 70557; PTP 2021- 70559; and FEIR 2021- 71100 ( ONE BAXTER WAY, L. P.)
RES. NO. 2022- 038
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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 3 June 28, 2022
8. PUBLIC HEARINGS: ( Continued)
A. Multi -family Residential Apartments and Parking Structure at 1 Baxter Way APNs): 680- 0- 230- 695 and 680- 0- 230- 715 ( Continued) 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.)
1ST READING
ORDINANCE APPROVING A DEVELOPMENT AGREEMENT ( 1 BAXTER
WAY; APPLICANT: ONE BAXTER WAY, L. P.)
1ST READING
Speakers: David Eadie, Applicant; Scott Baker, Applicant; Kinsey Flame, Newbury Park; Andrew Garl, Thousand Oaks; Clint Fultz, Thousand Oaks; Danielle Borja, Greater Conejo Chamber of Commerce; Suzanne Schmitz, Thousand Oaks; Tim McDougall, Newbury Park; Shawn Moradian, Thousand Oaks; Trent Siggard, Newbury Park; Jackson Piper, Newbury Park; Alex Perez, Newbury Park; Manley McNinch, Santa Maria; Halla Maher, Thousand Oaks; Adam Haverstock, Greater Conejo Chamber of Commerce; Amalia Fuentes, city of residence unknown; Anthony Ventura, Camarillo; Michael Houlihan, Environmental Science Associates ( submitted documents).
Written Statements: None.
Mayor Engler closed the public hearing.
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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 4 June 28, 2022
8. PUBLIC HEARINGS: ( Continued)
A. Multi -family Residential Apartments and Parking Structure at 1 Baxter Way APNs): 680- 0- 230- 695 and 680- 0- 230- 715 ( Continued) Councilmember McNamee absent 8:53 p.m.; present 8: 58 p. m.
Councilmember McNamee absent 8:59 p.m.; present 9:04 p.m.
Motion by Councilmember Adam to 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 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; 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 carried 5- 0 by the following vote: Ayes — Bill - de la Pena, Adam, McNamee, Jones, and Engler; Noes— None.
City Council recess at 9.27 p.m.; reconvened at 9. 38 p. m.
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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 5 June 28, 2022
8. PUBLIC HEARINGS: ( Continued)
B. Hearing, advertised as required by law, opened to consider: Municipal Code Amendment Regarding Adult -Use Cannabis ( MCA 2022- 70430) presented by Assistant to the City Manager Hurtado. Chief Assistant City Attorney Hehir and HdL Companies Consultant Ajay Kolluri responded to questions. Planning Division Manager Kearns available for questions. Additional information supplemental packet.
ORDINANCE AMENDING THOUSAND OAKS MUNICIPAL CODE TITLE 5, CHAPTER 29, SECTIONS 5- 29. 01, 529. 05, 5- 29. 08 ( a), 5- 29. 11, 5- 29. 12( a),
29. 14, 5- 2 9. 1 8 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)
1ST READING
Speakers: Ned Davis, Applicant; David McFarlane, Applicant; Sarah Armstrong, Thousand Oaks; Seth Backus, Newbury Park; Trent Siggard, Newbury Park.
Written Statements: None.
Mayor Engler closed the public hearing.
Motion by Councilmember Bill - de la Pena to aoorove 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 carried 4- 1 by the following vote:
Aves — Bill - de la Pena. Adam. Jones. and Enaler: Noes — McNamee.
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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 6 June 28, 2022
9. STUDY SESSIONS: None.
10. DEPARTMENT REPORTS: None.
11. COMMITTEE/ COMMISSION/ 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. City Manager Powers provided an update on July 5, 2022, City Council meeting and upcoming events.
15. CLOSED SESSIONS REQUESTED:
City Attorney Noonan announced closed session held at 10:16 p.m.
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 LEGAL 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 LEGAL NEGOTIATORS — City designated
representatives: Mayor Bob Engler and Human Resources Director Tim Giles; unrepresented employee: City Manager; Pursuant to Government Code Section 54957. 6
City Attorney Noonan indicated no announcement anticipated.
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MINUTES OF THE CITY COUNCIL
Thousand Oaks. California 7 June 28. 2022
16. PUBLIC NOTICES: None.
17. ADJOURNMENT:
City Council adjourned at 11:22 p.m. to Regular Meeting on Tuesday, July 5, 2022.
EDocuSigned
by:
RSFR' IRf1v .
mFdFRQdFF
Bob
Engler, Mayor City
of ThousandOaks City CouncilAttest:
DocuSigned
by: Cynthia
M. Rodriguez, City ClerkCity
of ThousandOaks City CouncilAGENDA
POSTED: June 23, 2022 MINUTES
APPROVED: July 5, 2022indicates
item taken out of orderThe
presenceof electronicsignature certifies that the foregoingis a trueand correctcopy as approvedby the City of ThousandOaks City Councilon thedatecited above. CCD:
610- 60\ sd\ h:\ common\minutes\ 2022\ 20220628.docx
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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 8 June 28, 2022
EXHIBIT A
7. CONSENT CALENDAR:
RECOMMENDATIONS FOR ITEMS A. THROUGH J. ARE TO APPROVE
RECOMMENDATIONS FOR ITEMS K. AND L. ARE TO ADOPT
Additional information supplemental packet regarding Item 7. H.
Motion by Councilmember Bill - de la Pena to approve Consent Calendar, carried 5- 0 by the following vote: Ayes — Bill - de la Pena, Adam, McNamee, Jones and Enaler: Noes — None.
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
IV00] I VA121197_111[Q 01A
Approve.
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).
D. Annual Gann Appropriations Limit
RESOLUTION ESTABLISHING THE APPROPRIATIONS LIMIT FOR
FISCAL YEAR 2022- 2023
RES. NO. 2022- 031
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 DocuSign Envelope ID: A6AC20E5- FDA8- 40C3- 897C- AC42D781 E4A8
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 9 June 28, 2022
7. CONSENT CALENDAR: ( Continued)
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.
F. Vehicle Fueling at Municipal Service Center Update
IV00] I VA121197_111[Q 01A
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.
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.
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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 10 June 28. 2022
G. FY 2022- 23 Insurance Renewals ( Continued)
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.
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).
Item pulled from agenda earlier in the meeting.
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
RES. NO. 2022- 032
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.
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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 11 June 28, 2022
J. New Salary Schedule Adoptions
RESOLUTION ESTABLISHING NEW SALARY SCHEDULE FOR
THOUSAND OAKS CITY EMPLOYEE ASSOCIATION ( TOCEA), AND
RESCINDING RESOLUTION NO. 2021- 027
RES. NO. 2022- 033
RESOLUTION ESTABLISHING NEW SALARY SCHEDULE FOR
PROFESSIONAL EMPLOYEES ( THOUSAND OAKS MANAGEMENT
ASSOCIATION — TOMA), AND RESCINDING RESOLUTION NO.
2021- 029.
RES. NO. 2022- 034
RESOLUTION ESTABLISHING NEW SALARY SCHEDULE FOR
SENIOR MANAGEMENT, CONFIDENTIAL, AND SUPERVISORY
EMPLOYEES ( SENIOR MANAGEMENT ASSOCIATION — SMA) AND
RESCINDING RESOLUTION NO. 2021- 031
RES. NO. 2022- 035
RESOLUTION ESTABLISHING NEW SALARY SCHEDULE FOR
HOURLY EMPLOYEES AND RESCINDING RESOLUTION NO. 2021-
032
RES. NO. 2022- 036
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
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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 12 June 28. 2022
7. CONSENT CALENDAR: ( Continued)
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)
ORD. NO. 1699- NS
RECOMMENDATION:
Adopt.
L. ORDINANCE FOR SECOND READING
ORDINANCE APPROVING A DEVELOPMENT AGREEMENT ( 325
AND 391 HAMPSHIRE ROAD; APPLICANT: IMT CAPITAL V
HAMPSHIRE, LLC)
ORD. NO. 1700- NS
RECOMMENDATION:
Adopt.