Meeting
City Council
REGULAR MEETING
Tuesday, October 25, 2022, 6:00 PM
Andrew P. Fox City Council Chambers
Public advisory: Face masks are 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
Jennifer Patterson, Library Services Director
Alexandra South, Strategic Communications/Public Affairs Dir.
Jim Friedl, General Manager, CRPD
Jeremy Paris, Police Chief
Jeff Shea, Fire 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:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
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 October 12, 2022, and October 19, 2022; approve October 26, 2022, subject to review and ratification B.
Minutes of City Council meeting of October 11, 2022
RECOMMENDATION:
Approve
Draft Minutes 101122
C.
Annual Solid Waste Rate Adjustment for 2023
RESOLUTION ESTABLISHING 2023 RESIDENTIAL AND COMMERCIAL SOLID WASTE RATE SCHEDULES RECOMMENDATION:
Adopt resolution approving annual rate adjustments for solid waste collection services effective January 1, 2023.
Staff Report
Attachment 1 Proposed 2023 Solid Waste Rates
Attachment 2 Resolution to Adopt 2023 Solid Waste Rate Schedules D.
Purchase of Backhoes - Agreement
RECOMMENDATION:
1. Approve “piggyback” purchase of three John Deere backhoes from Coastline Equipment (Oxnard, CA) through Sourcewell, Contract #032119-JDC.
2. Approve expenditure from FY 2022-23 in the amount of $356,930.53 as follows: $237,953.69 from A/C #001-5610-631-84-00 (Street Maintenance Equipment Over $5,000) for replacement of vehicles #5610-310 and #5610-320 and $118,976.84 from A/C #611-8030-685-84-00 (Water Maintenance Equipment Over $5,000) for replacement of vehicle #8030-227.
Staff Report
Attachment 1 Sourcewell Contract Award RFP 032019
Attachment 2 Sourcewell Pricing Quote Id 27397245
E.
Fiscal Year 2022-23 Transportation Development Act Funds Additional Funding RESOLUTION AUTHORIZING A CLAIM FOR ALLOCATION OF FY 2022-23 FUNDS FROM VENTURA COUNTY LOCAL TRANSPORTATION FUNDS AS OUTLINED IN THE 1971 TRANSPORTATION DEVELOPMENT ACT RECOMMENDATION:
Adopt resolution authorizing staff to file a claim with Ventura County Transportation Commission (VCTC) for the Transportation Development Act (TDA) allocation of $6,020,088 from the Local Transportation Fund (LTF) and an estimated $60,000 from the State Transit Assistance (STA) and State of Good Repair (SGR) funds.
Staff Report
Attachment 1 TDA Funds Claim Resolution
F.
Citywide Uniform Contract
RECOMMENDATION:
1. Approve “piggyback” agreement using the Prince William County Public Schools, VA uniform contract through Omnia Partners with award to Cintas Corporation (Mason, OH) for uniforms, other related rental items, and laundry services for a three-year period, beginning December 1, 2022 through October 31, 2025, with an option to renew for one additional two-year period through October 31, 2027.
2. Authorize expenditure of an amount not-to-exceed $70,000 annually from various department accounts.
Staff Report
Attachment 1 Citywide Uniform Contract
G.
Purchasing Agreements for Inventory Materials and Parts Supplies RECOMMENDATION:
1. Approve Agreements with four vendors: Famcon Pipe and Supply, Inc. of Oxnard, CA, Ferguson Enterprises Inc. DBA Ferguson Waterworks A Wolseley Company of Ventura, CA, Astra Industrial Services, Inc. of Newbury Park, CA, and Pollard Water Inc. of Ventura, CA, for a not-to-exceed amount of $1,250,000 for each vendor for the term of November 1, 2022 through June 30, 2027.
2. Approve annual expenditure in the amount of $250,000 for each vendor for FY 2022-23, FY 2023-24, FY 2024-25, FY 2025-26, and FY 2026-27 respectively from various accounts.
Staff Report
Attachment 1 Famcon Agreement
Attachment 2 Ferguson Agreement
Attachment 3 Astra Agreement
Attachment 4 Pollard Agreement
H.
Budget Appropriation for Thousand Oaks Alliance for the Arts Personnel RECOMMENDATION:
Approve budget appropriation and expense in the amount of $48,500 from A/C #681-7790-484-7000 (Theatres Fund, TOArts Reimbursements) as follows: $30,000 to A/C #681-7790-681-1210 (Theatres Fund, TOArts Temporary/Hourly Employees), $8,500 to A/C #681-7790-681-1010 (Theatres Fund, TOArts Regular Salary), and $10,000 to A/C #681-7790-681-2114 (Theatres Fund, TOArts UAL Distribution).
Staff Report
Att 1 FY 2022 23 Operating Budget
I.
Ratification of Thousand Oaks Alliance for the Arts Board Directors RECOMMENDATION:
Ratify the selection of Elibet Valencia Muñoz and Sean Rendineo as Directors on the Thousand Oaks Alliance for the Arts Board for a term of three-years ending December 31, 2025.
Staff Report
J.
Arts and Culture Roundtable Appointments
RECOMMENDATION:
Approve appointment of Lyndon Apostol, Wendy Courtland, Janine Delwarte, Lynn Farrand, Timothy Hengst, Susan Kelly, Jennifer Miller, Ed Smart, and Natalia Staneva to the Arts and Culture Roundtable for two-year terms, effective November 16, 2022.
Staff Report
Att 1 Applications
K.
Ventura County Fire Protection District Ordinance Pertaining to City Building Standards RESOLUTION RATIFYING VENTURA COUNTY FIRE PROTECTION DISTRICT ORDINANCE NO. 32, CHAPTER 9, PERTAINING TO BUILDING STANDARDS WITHIN THE JURISDICTIONAL BOUNDARIES OF THE CITY RECOMMENDATION:
1. Adopt resolution to ratify Chapter 9 of Ventura County Fire Protection District Ordinance No. 32, which allows the Ventura County Fire Protection District to enforce certain building standards related to fire safety within the City of Thousand Oaks.
2. Direct staff to file a copy of the findings of the Ventura County Fire Protection District together with a copy of Chapter 9 of Ordinance No. 32 with the California Department of Housing and Community Development and the California Building Standards Commission.
Staff Report
Attachment 1 Resolution
Attachment 2 Chapter 9 VCFPD Ordinance No 32
L.
Land Management System Project Management
RECOMMENDATION:
1. Authorize City Manager to execute amendment to professional services agreement with Park Consulting Group for land management system (LMS) implementation, subject to the approval of City Attorney once all terms have been negotiated, for a total not-to-exceed amount of $290,000.
2. Authorize budget appropriation and expenditure in the amount not-to-exceed $40,000 from A/C #001-0000-311-100 (General Fund, Fund Balance to A/C #001-4010-641-5420 (General Fund, Consulting Services) for project management through the term of the agreement. Staff Report
M.
ORDINANCE FOR SECOND READING
ORDINANCE AMENDING THE THOUSAND OAKS MUNICIPAL CODE BY
ADDING ARTICLE 37 TO TITLE 9, CHAPTER 4; MODIFYING SECTIONS 9-4.202 AND 9-4.2202; AND ADDING SECTION 9-3.305 TO TITLE 9, CHAPTER 3, ARTICLE 3 TO UPDATE THE CITY’S ZONING REGULATIONS TO IMPLEMENT 2021 SENATE BILL NO. 9 (SB 9), INCLUDING THE ADDITION OF A MINISTERIAL PROCESS FOR THE APPROVAL OF URBAN LOT SPLITS AND TWO-UNIT HOUSING DEVELOPMENTS (MCA-2022-70465) (Introduced 10/11/2022; 4-0, McNamee absent) ORD. NO. 1704-NS
RECOMMENDATION:
Adopt
SB9 Ordinance (3)
N.
ORDINANCE FOR SECOND READING
ORDINANCE REPEALING IN ITS ENTIRETY CHAPTER 2, ARTICLE 11 OF TITLE 10 AND ADDING CHAPTER 2, ARTICLE 11 OF TITLE 10 ADOPTING REGULATIONS FOR WATER CONSERVATION (Introduced 10/11/2022; 4-0, McNamee absent) ORD. NO. 1705-NS
RECOMMENDATION:
Adopt
Revised water conservation Ordinance (5)
8. PUBLIC HEARINGS:
A.
Self-Storage Facilities Municipal Code Amendment (2022-70571) and Specific Plan Amendment 20 (2022-70799) ORDINANCE AMENDING THE THOUSAND OAKS BOULEVARD SPECIFIC PLAN (SP-20), AND THE THOUSAND OAKS MUNICIPAL CODE BY ADDING SECTION 9-4.2528 IN ARTICLE 25 TO TITLE 9, CHAPTER 4
; AMENDING SECTION 9-4.202 IN ARTICLE 2
TO TITLE 9, CHAPTER 4
; AMENDING SECTIONS 9-4-2105 AND 9-4-2106 IN ARTICLE 21 TO TITLE 9, CHAPTER 4
; AND AMENDING SECTION 9-4.2402 IN ARTICLE 24
TO TITLE 9, CHAPTER 4
, TO MODIFY EXISTING STANDARDS AND ESTABLISH NEW DEVELOPMENT AND ZONING STANDARDS RELATED TO SELF-STORAGE, MINI-STORAGE, AND SIMILAR USES IN CERTAIN ZONES (MCA-2022-70571, SPA 2022-70799) 1ST READING
RECOMMENDATION:
1. Find that this Municipal Code Amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Sections 15060(c)(2) and (3) and 15061(b)(3).
2. Read ordinance in title only, further reading be waived, and if no objection introduce ordinance to adopt amendments to the Thousand Oaks Boulevard Specific Plan Appendix A (Land Use Table) and the Thousand Oaks Municipal Code (TOMC) Title 9, Chapter 4, including the addition of Section 9-4.2528 (Self-storage Facilities) in Article 25, and amendments to Section 9-4.202 (Definitions) in Article 2, Section 9-4-2105 (Permitted use matrix – Non-residential zones) and Section 9-4-2106 (Limitations on specific uses) in Article 21, and Section 9-4.2402 (Parking spaces required) in Article 24.
Staff Report
Attachment 1 City Council Ordinance No 1696NS Moratorium Attachment 2 City Council Ordinance No. 1697NS Moratorium and Initiating Municipal Code and Specific Plan Amendment Attachment 3 MCA and SPA Ordinance
Attachment 4 Planning Commission Materials
B.
2022 California Building Standards Code with Local Amendments (MCA 2022-70456) ORDINANCE TO REPEAL SECTIONS 8-1.01 THROUGH 8-1.24 AND CHAPTERS 5, 6, 7, 8, 10, 14, 16, AND 17 OF TITLE 8, AND TO READOPT SECTIONS 8-1.01 THROUGH 8-1.24 AND CHAPTERS 5, 6, 7, 8, 10, 14, 16, AND 17 TO TITLE 8 OF THE MUNICIPAL CODE BY ADOPTING BY REFERENCE TITLE 24 2022 CALIFORNIA CODE OF REGULATIONS, INCLUDING THE CALIFORNIA ADMINISTRATIVE CODE, CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA EXISTING BUILDING CODE, CALIFORNIA HISTORICAL BUILDING CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA ENERGY CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA REFERENCED STANDARDS CODE, AND 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE, AND ADDING SECTION 8-1.27 RELATING TO EMERGENCY HOUSING AND CHAPTER 4 TO TITLE 8 RELATING TO CODE ADMINISTRATION (MCA 2022-70456) 1ST READING
RECOMMENDATION:
Read ordinance in title only, further reading to be waived, and if no objection, introduce ordinance to approve MCA 2022–70456 amending the Thousand Oaks Municipal Code (TOMC) by repealing sections 8-1.01 through 8.1.24 and chapters 5, 6, 7, 8, 10, 14, 16, and 17 of Title 8, and to readopt, thereby updating those construction standards to comply with the 2022 California Code of Regulations Title 24 and the California Health and Safety Code (California State Building Code).
Staff Report
Attachment 1 Ordinance
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS:
A.
2022 Bella Vista Apartments (2011-2025 Los Feliz Drive) Refinance RESOLUTION RESCINDING RESOLUTION NOS. 2019-040 AND 2019-041 AND APPROVING AND AUTHORIZING EXECUTION OF
ASSIGNMENT, ASSUMPTION AND FIRST AMENDMENT TO REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS , FORGIVENESS OF GRANT, MODIFICATION OF LOAN DOCUMENTS, CONSENT TO PROPERTY TRANSFER AND ASSIGNMENT OF LOAN DOCUMENTS, AND SUBORDINATION OF CITY INTERESTS TO DEEDS OF TRUST SECURING NEW LOANS AND RELATED REGULATORY AGREEMENTS FOR THE 2022 REFINANCE OF THE BELLA VISTA APARTMENTS AND RELATED MATTERS RECOMMENDATION:
Adopt resolution to rescind Resolution Nos. 2019-040 and 2019-041 and to approve and authorize City Manager to finalize and execute Assignment and Assumption and First Amendment to Regulatory Agreement and Declaration of Restrictive Covenants, forgiveness of grant, modification of loan documents, consent to property transfer and assignment of loan documents, and subordination of City interests to deeds of trust securing new loans and related regulatory agreements for the 2022 refinance of the Bella Vista Apartments and related matters.
Staff Report
Att 1 Bella Vista Vicinity Map
Att 2 Bella Vista Location Map
Att 3 Bella Vista Aerial Photo
Att 4 Resolution for 2022 Bella Vista Refinance
Att 5 Many Mansions Letter September 7 2022
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.
CONFERENCE WITH LEGAL COUNSEL – Existing Litigation:
Scott Murphy vs. City of Thousand Oaks
; Case No.: 56-2019-00523746-CU-PO-VTA; Pursuant to Government Code Section 54956.9(a).
B.
CONFERENCE WITH LEGAL COUNSEL – Existing Litigation:
Katelyn Clint vs. City of Thousand Oaks, et al.
Ventura County Superior Court Case Number: 56-2021-00551445-CU-PA-VTA; Pursuant to Government Code Section 54956.9(a).
16. PUBLIC NOTICES: None
17. ADJOURNMENT: Adjourn to Regular Meeting November 1, 2022.
Agenda Post Date/Time: Oct 20, 2022, 5:00P.M.
CCD:610-40\h:\common\agenda\2022\10-25-22.docx