Meeting
REVISED AGENDA POSTED 7/1/2022
FOR ADDITIONAL TELECONFERENCE LOCATION & CLOSED SESSION 15.B City Council/Public Financing Authority (TOPFA)
REGULAR MEETING
Tuesday, July 05, 2022, 6:00 PM
Andrew P. Fox City Council Chambers
AND
Teleconference Locations:
Residence
Zephyr Point Conference Center
793 Wildwood Avenue
660 Highway 50
Thousand Oaks, CA 91360
Zephyr Cove, NV 89448
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.
Parks and Recreation Month Proclamation
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 29, 2022; approve July 6, 2022, July 13, 2022, July 20, 2022, July 27, 2022, August 3, 2022, August 10, 2022, August 17, 2022, and August 24, 2022 subject to review and ratification.
B.
Minutes of City Council meeting of June 28, 2022
RECOMMENDATION:
Approve
20220628
C.
2022 League of California Cities Annual Conference Business Meeting RECOMMENDATION:
1. Designate Mayor Bob Engler Voting Delegate. Designate Councilmember Kevin McNamee and Mina Layba, Legislative Affairs Manager as Alternate Voting Delegates to represent City of Thousand Oaks at the 2022 League of California Cities Annual (Cal Cities) Conference Business Meeting scheduled for September 9, 2022
2. City Clerk to affirm and to sign 2022 Annual Conference Voting Delegate Alternate Form and City’s Manager’s Office staff to submit to Cal Cities by September 2, 2022.
Staff Report
Att 1 Cal Cities Delegate Form
D.
City Manager Authority During Summer Recess
RESOLUTION DELEGATING CERTAIN INTERIM AUTHORITY TO CITY MANAGER RECOMMENDATION:
Adopt resolution granting City Manager authority for designated actions during summer recess, July 6, 2022, through August 29, 2022.
Staff Report
Att 1 City Manager Authority Resolution
E.
Thousand Oaks Public Financing Authority Annual Update
RECOMMENDATION:
Receive and file annual update.
Staff Report
F.
Ventura County Farmworker Housing Study and Action Plan RECOMMENDATION:
1. Authorize City Manager to finalize and execute Memorandum of Understanding and related documents in connection with the County of Ventura countywide Farmworker Housing Study, Action Plan, and $15,000 funding commitment from the City.
2. Authorize budget and expenditure in the amount of $15,000 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001-4010-641-5699 FARM23 (Contracted Services – Other).
Staff Report
Att 1 County of Ventura Letter 06 15 2020
G.
Rancho Road Sidewalks and Bike Lanes Project (CI 5308)
RECOMMENDATION:
1. Approve Change Order No. 4 to Contract No. 12656-2021 with Sully-Miller Contracting Company (Brea, CA), in the amount of $104,541.80 for a new not-to-exceed amount of $1,849,524.37, plus contingency of $15,000.
2. Approve Seventh Amendment to Professional Services Agreement No. 11302-2016 with Kimley Horn and Associates, Inc. (Los Angeles, CA), to provide additional design support services during construction in the amount of $38,000, for a revised not-to-exceed amount of $404,277.
3. Approve budget appropriation in the amount of $157,550 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001-5310-631-8300 (CI 5308, Rancho Road Sidewalk).
4. Authorize expenditure in the amount of $157,541.80 ($104,541.80 construction contract Change Order No. 4 to Sully Miller Contracting Company, $15,000 additional construction contingency, and $38,000 (Seventh Amendment to Professional Services Agreement to Kimley Horn & Associates) for the Rancho Road Sidewalks and Bike Lanes Project (CI 5308) from A/C #001-5310-631-8300.
5. Delegate authority to the City Engineer to approve changes to the design, plans, specifications, and working details of the project on work directives and change orders up to the project contingency value.
Staff Report
Attachment 1 Vicinity Location Maps
Attachment 2 Amendment No 7 to Contract No 11302 2016
Attachment 3 Change Order No 4 to Contract No 12656 2021 H.
Legal Services For Real Estate and Affordable Housing
RECOMMENDATION:
Approve the retention of Kane, Ballmer & Berkman to provide legal services relating to real estate transactions and affordable housing regarding the Hillcrest Property, in an amount not-to-exceed $100,000.00.
Staff Report
Legal Service Agreement
I.
Lawrence Drive and Teller Road Project Budget (CI 5297) RECOMMENDATION:
1. Approve $150,000 additional construction contingency for contract with Toro Enterprises, Inc. of Oxnard, CA (Contract No. 12967-2022) for Lawrence Drive and Teller Road Intersection Improvements project (CI 5297).
2. Approve budget appropriation and expenditure in the amount of $150,000 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001-5310-631-8300 (CI 5297, Lawrence Drive and Teller Road Intersection Improvements Project).
3. Delegate authority to the City Engineer to approve changes to the design, plans, specifications, and working details of the project on work directives and change orders up to the project contingency value.
Staff Report
Attachment 1 Vicinity and Location Map
J.
Environmental Consulting Services
RECOMMENDATION:
1. Approve agreement with Envicom Corporation, Westlake Village, CA, for the preparation of an Environmental Impact Report (EIR) for the term July 5, 2022 to August 30, 2023, with a not-to-exceed amount of $252,360 for the term of the agreement.
2. Authorize staff to waive formal Request for Proposal/Qualifications (RFP/Q) process for the preparation of an EIR for the proposed mixed-use development located at 2150 Hilcrest Drive and approve Envicom Corporation agreement pursuant to Thousand Oaks Municipal Code (TOMC) Section 3-10.501.
3. Authorize City Manager to execute professional services agreement subject to approval by the City Attorney once all terms have been negotiated.
4. Approve budget appropriation and authorize expenditure in an amount not-to-exceed $252,360 from A/C #001-4210-447-4000 (Charges for Services - Planning Fees/Permit) to A/C #001-4210-641-5947 (Contracted Services, Reimbursable).
Staff Report
K.
Water Shortage Support
RECOMMENDATION:
1. Approve budget appropriation and authorize expenditure in the amount of $105,000 from A/C #611-0000-341-9900 (Water Fund, Net Position) to A/C #611-8025-682-5699 (Contracted Services) for water conservation contract services for FY 2022-23.
2. Authorize City Manager to modify water use restrictions and/or the grace period for transition to low volume irrigation as necessary during City Council summer recess.
Staff Report
L.
Dudek Environmental Consulting Services
RECOMMENDATION:
1. Approve First Amendment to Task Order No. 2 (On-Call Contract No. 12520-2020) with Dudek Consulting of Santa Barbara, CA, to complete environmental documents for the 1100 Rancho Conejo – Alexandria BioTech Campus Project, in the amount of $55,449, increasing the total not-to-exceed amount to $125,000.
2. Authorize expenditure in the amount of $55,449 from A/C #001-4210-641-5947 (Contracted Services – Billable Projects).
Staff Report
Attachment 1 Task Order 2 to Contract 12520 2020
Attachment 2 First Amendment to Task Order 2 to Contract 12520 2020 M.
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. Approve service agreement for the purchase of Fats, Oils, and Grease screening equipment, and on-site inspection and training from Huber Technology, Inc. (Huber), Denver, Colorado, in the amount not to exceed $422,663.89 as follows: $419,163.89 for equipment purchase and $3,500 for services through December 31, 2023.
3. Approve budget appropriation transfer in the amount of $419,163.89 from A/C #624-8250-685-8300 (CI 5440, Capital Improvements) to A/C #624-8250-685-8400 (CI 5440, Capital Equipment) and $3,500 from A/C #624-8250-685-8300 (CI 5440, Capital Improvements) to A/C #624-8250-686-6560 (Specialized Training).
Staff Report
070522 FOG Screen Att 1
070522 FOG Screen Att 2
N.
ORDINANCE FOR SECOND READING
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.) (Introduced 6/28/2022; 5-0) ORD. NO. 1701-NS
RECOMMENDATION:
Adopt
1701-NS GPA and SP 23 Ordinance
O.
ORDINANCE FOR SECOND READING
ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (1 BAXTER WAY; APPLICANT: ONE BAXTER WAY, L.P.) (Introduced 6/28/2022; 5-0) ORD. NO. 1702-NS
RECOMMENDATION:
Adopt
1702-NS Development Agreement
P.
ORDINANCE FOR SECOND READING
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) (Introduced 6/28/2022; 4-1, McNamee Dissenting) ORD. NO. 1703-NS
RECOMMENDATION:
Adopt
1703-NS Cannabis Use
8. PUBLIC HEARINGS: None.
9. STUDY SESSIONS: None.
10. DEPARTMENT REPORTS:
A.
Thousand Oaks Alliance for the Arts Operations and Programming Update RECOMMENDATION:
Receive and file Thousand Oaks Alliance for the Arts’ operations and programming update for the previous six months ending June 30, 2022.
Staff Report
Att 1 TOArts Operations and Programming Update
B.
Conejo Canyons Bridge at Hill Canyon Treatment Plant Contract (CI 5527) RECOMMENDATION:
1. Approve project design, plans, specifications, and Addendum No. 1 for the construction of the Conejo Canyons Bridge at Hill Canyon Treatment Plant (CI 5527).
2. Reject United Construction & Landscape, Inc., bid protest appeal dated June 21, 2022, and determine their bid as non-responsive.
3. Award construction contract to Beador Construction Company, Inc. (Corona, CA), in the amount of $2,155,300, plus a contingency of $215,500.
4. Approve Fifth Amendment to Professional Services Agreement No. 11855-2018 with Stantec Consulting Services, Inc. (Santa Barbara, CA), for Construction Phase Support Services and Testing for the Conejo Canyon Bridge at Hill Canyon Treatment Plant in the amount of $146,173 for a revised not-to-exceed amount of $358,607.
5. Approve Task Order No. 5 with Rincon Consultants, Inc. (Ventura, CA), for Environmental Support Services during construction of the Conejo Canyons Bridge at Hill Canyon Treatment Plan in the amount of $122,745.
6. Approve budget appropriation in the amount of $1,632,000; $1,030,000 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001-4410-671-8300 (CI 5527, Conejo Canyons Bridge at Hill Canyon Treatment Plant), $200,000 from A/C #512-0000-311-1000 (Community Recreation and Open Space Endowment Fund (CROSEF), Fund Balance) to A/C #512-4410-671-8300 (CI5527, Conejo Canyons Bridge at Hill Canyon Treatment Plant), and $402,000 from A/C #624-0000-341-9900 (Wastewater Capital Fund – Net Position) to A/C #624-5310-682-8300 (CI 5527, Conejo Canyons Bridge at Hill Canyon Treatment Plant).
7. Authorize expenditure in the amount of $2,929,718 ($2,155,300 construction contract, $215,500 construction contingency, $146,173 Fifth Amendment for construction phase support services/ testing; $122,745 Task Order for construction phase environmental services; $250,000 for Landscape/Habitat Restoration; $35,000 for Permitting and Inspection by Ventura County Watershed Protection Agency; and $5,000 for City furnished supplies and materials) for Conejo Canyons Bridge at Hill Canyon Treatment Plan (CI 5527), as follows: $1,953,810 from A/C #001-4410-671-8300, $200,000 from A/C #512-4410-671-8300, and $775,908 from A/C #624-5310-682-8300.
8. 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
Attachments 1 thru 6
Attachment 7 Fifth Amendment to Santec Agreement
Attachment 8 Task Order 5 to Rincon
C.
General Plan Amendment Initiation (LU 2022-70587)
RESOLUTION DECLARING INTENTION TO CONSIDER AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN FOR THE LAND LOCATED AT 400 EAST ROLLING OAKS DRIVE AND WEST 355 WEST JANSS ROAD AND ALLOWING CONCURRENT PROCESSING OF ENTITLEMENT APPLICATIONS FOR CONTEMPLATED DEVELOPMENT OF THE LAND LOCATED AT 400 EAST ROLLING OAKS DRIVE (LU 2022-70587: HOSPITAL CORPORATION OF AMERICA) RECOMMENDATION:
Receive request and provide direction. Options include:
1. Adopt resolution to initiate a General Plan Amendment (GPA) to change the Land Use Element category designations from Very Low Density Residential to Commercial for a 4.75-acre site located at 400 East Rolling Oaks Drive and from Institutional to Low Density Residential for a 2.145-acre site located at 355 West Janss Road; and authorize concurrent processing of legislative actions and project entitlements for a proposed project located at 400 East Rolling Oaks Drive; or
2. Deny the initiation of the General Plan Amendment for both locations.
Staff Report
Attachment 1 Vicinity Map
Attachment 2 Location Map
Attachment 3 Aerial Photograph
Attachment 4 Conceptual Site Plan
Attachment 5 Resolution
D.
Benefits and Compensation for Executive Managers
RESOLUTION ADOPTING COMPREHENSIVE BENEFITS AND COMPENSATION FOR EXECUTIVE MANAGERS AND RESCINDING RESOLUTION NO. 2021-038 RECOMMENDATION:
Adopt resolution amending the schedule of positions in the Executive Managers’ benefits and compensation resolution.
Staff Report
Attachment 1 Resolution
E.
Retired Annuitant Appointment
RECOMMENDATION:
1. Approve appointment of Jay Spurgin as a retired annuitant hourly employee.
2. Authorize expenditure from A/C #001-5010-631-1210 (Public Works Temporary/Hourly Employee/Regular Pay).
Staff Report
11. COMMITTEE/COMISSION/BOARD REPORTS:
A.
Council on Aging Annual Report
RECOMMENDATION:
Receive Council on Aging (COA) Annual Report.
Staff Report
COA Attachment 1
B.
Youth Commission Annual Report
RECOMMENDATION:
Receive Youth Commission (YC) Annual Report.
Staff Report
YC Annual Report Attch 1
12. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None.
13. COUNCIL ISSUES/RECOMMENDATIONS:
A.
Compensation and Ninth Amendment to Employment Agreement for City Attorney
RESOLUTION APPROVING COMPENSATION AND NINTH AMENDMENT TO EMPLOYMENT AGREEMENT FOR CITY ATTORNEY RECOMMENDATION:
Adopt resolution approving compensation and ninth amendment to employment agreement for City Attorney (Contract No. 9799-2012).
Staff Report
Attachment 1 Resolution
B.
Compensation and Sixth Amendment to Employment Agreement for City Manager
RESOLUTION APPROVING COMPENSATION AND SIXTH AMENDMENT TO EMPLOYMENT AGREEMENT FOR CITY MANAGER RECOMMENDATION:
Adopt resolution approving compensation and sixth amendment to employment agreement for City Manager (Contract No. 11382-2017).
Staff Report
Attachment 1 Resolution
14. CITY MANAGER:
A.
Announcements and upcoming issues
15. CLOSED SESSION:
A.
CONFERENCE WITH LEGAL COUNSEL – Pending Litigation:
Katelyn Clint vs. Fred Gessler and City of Thousand Oaks, Ventura County Superior Court Case Number: 56-2021-00551445-CU-PA-VTA; Pursuant to Government Code Section 54956.9(a).
B.
CONFERENCE WITH LEGAL COUNSEL – Pending Litigation:
City of Thousand Oaks,
et al. vs. California Regional Water Quality Board,
Ventura County Superior Court Case Number: 56-2021-00549601-CU-WM-VTA; Pursuant to Government Code Section 54956.9(a).
16. PUBLIC NOTICES: Items listed
under Public Notices are a matter of public record only. These items do not require City Council action.
A.
Notice of Pending Final Map – Approval of Parcel Map LD 17-70069; Location: 301-343 South Moorpark Road; Developer: DTR Los Robles, LLC and NKW Los Robles, LLC; Description: 5.29 Acre 7-Parcel Subdivision for condominium purposes Public Notice Map Acceptance- LD 17-70069
Attachment #1 - LD1770069
17. ADJOURNMENT:
Adjourn to Regular Meeting August 30, 2022
Agenda Post Date/Time: Jul 01, 2022, 5:00P.M.
CCD:610-40\h:\common\agenda\2022\07-05-22.docx