MINUTES OF THE CITY COUNCIL
Thousand Oaks, California October 25, 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 Bill-de la Peña, Adam (6:02 p.m.), McNamee, Jones, and Mayor Engler present in chambers.
Also present: 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 Ke lvin Parker, Public Works Director Cliff Finley, Cultural Affairs Director Jonathan Se rret, Human Resources Director Tim Giles, Library Services Director Jennifer Patterson, Strategic Communicati ons/Public Affairs Director Alexandra South, Police Chief Jeremy Paris, Fire Chief Jeff Shea, Senior Planner Scott Kolwitz, Building Official Jesse De Anda, Community Development Analyst Lynn Oshita, Sustainability Division Manager Helen Cox, Assistant to the City Manager Melissa Hurtado, Deputy City Clerk Laura Maguire, In formation Technology Supervisor Atanas Beltchev, Cable Operations Supervisor Carl Jarecky, Senior Video Specialist Richard Swingler, and Assistant Analyst Sandra Delgado.
4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
None.
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS: None.
Councilmember Adam absent 6:00 p.m.; present 6:02 p.m.
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)
Speakers: Rosanna Guerra, Thousand Oaks; Bob Ayers, Thousand Oaks; George Senko, Thousand Oaks; Madhu Hebbar, Thousand Oaks; Sabitha Hebbar, Thousand Oaks; Pavan Kanugo, Newbury Park (provided plaque); P eggy Jo Smith, Newbury Park; Jimmy Washington, Newbury Park; Bruce Udelf, Newbury Park; George Rosenthal, Newbury Park; Jeff Schwartz, Thousand Oaks.
City Manager Powers addressed public comments.
DocuSign Envelope ID: 34B84FFB-64D0-4F15-BD26-E42DE76BCF40City Council Minutes
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 2 October 25, 2022
7. CONSENT CALENDAR:
Additional information supplemental packet pertaining to Item 7.J. and Item 7.K.
A. General, Utilities, Golf Course, and Theatres Demands
RECOMMENDATION:
Ratify October 12, 2022, and Oct ober 19, 2022; approve October 26, 2022, subject to review and ratification
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
B. Minutes of City Council meeting of October 11, 2022
RECOMMENDATION:
Approve
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
C. Annual Solid Waste Rate Adjustment for 2023
RESOLUTION ESTABLISHING 2023 RESIDENTIAL AND COMMERCIAL
SOLID WASTE RATE SCHEDULES
RES. NO. 2022-050
RECOMMENDATION:
Adopt resolution approving annual rate adjustments for solid waste collection services effective January 1, 2023.
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 3 October 25, 2022
7. CONSENT CALENDAR: (Continued)
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 (S treet 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.
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
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
RES. NO. 2022-051
RECOMMENDATION:
Adopt resolution authorizing staff to file a claim wit h Ventura County Transportation Commission (VCTC) for th e 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.
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 4 October 25, 2022
7. CONSENT CALENDAR: (Continued)
F. Citywide Uniform Contract
RECOMMENDATION:
1. Approve “piggyback” agreement usi ng the Prince William County Public Schools, VA uniform contract through Om nia Partners with award to Cintas Corporation (Mason, OH) for uniforms, ot her 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.
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
G. Purchasing Agreements for Inventory Materials and Parts Supplies
RECOMMENDATION:
1. Approve Agreements wit h four vendors: Famcon Pi pe 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, fo r a not-to-exceed amoun t 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.
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 5 October 25, 2022
7. CONSENT CALENDAR: (Continued)
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 F und, 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).
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
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 B oard for a term of three-years ending December 31, 2025.
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
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 Roundta ble for two-year terms, effective November 16, 2022.
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 6 October 25, 2022
7. CONSENT CALENDAR: (Continued)
K. Ventura County Fire Protection Distric t Ordinance Pertaining to City Building Standards
RESOLUTION RATIFYING VENTURA COUNTY FIRE PROTECTION DISTRICT ORDINANCE NO. 32, ADOPTING BY REFERENCE THE 2022 CALIFORNIA FIRE CODE, INCLUDING, BUT NOT LI MITED TO, CHAPTER 5 AMENDING SECTION 507, CHAPTER 9, AND APPENDIX B THER EOF, WITH CERTAIN ADDITIONS, DELETIONS AND AMENDMENTS; AND PORTIONS OF THE 2021
INTERNATIONAL FIRE CODE, WITH CERTAIN ADDITIONS, DELETIONS AND AMENDMENTS; PERTAINING TO BU ILDING STANDARDS WITHIN THE
JURISDICTIONAL BOUNDARIES OF THE CITY OF THOUSAND OAKS
RES. NO. 2022-052
RECOMMENDATION:
1. Adopt resolution to ratify Chapter 9 of Ventura County Fire Protection District Ordinance No. 32, which allows the Vent ura 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 findi ngs 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.
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
DocuSign Envelope ID: 34B84FFB-64D0-4F15-BD26-E42DE76BCF40
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 7 October 25, 2022
7. CONSENT CALENDAR: (Continued)
L. Land Management System Project Management
RECOMMENDATION:
1. Authorize City Manager to execute amendment to profe ssional services agreement with Park Consulting Gr oup 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 expendi ture 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.
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
M. ORDINANCE FOR SECOND READING
ORDINANCE AMENDING THE THOU SAND OAKS MUNICIPAL CODE BY ADDING ARTICLE 37 TO TITLE 9, CHAPTER 4; MODIFYING SECTIONS 9-
4.202 AND 9-4.2202; AND A DDING SECTION 9-3.305 TO TITLE 9, CHAPTER 3, ARTICLE 3 TO UPDATE THE CI TY’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
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
DocuSign Envelope ID: 34B84FFB-64D0-4F15-BD26-E42DE76BCF40
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 8 October 25, 2022
7. CONSENT CALENDAR: (Continued)
N. ORDINANCE FOR SECOND READING
ORDINANCE REPEALING IN ITS ENTIRE TY 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
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
DocuSign Envelope ID: 34B84FFB-64D0-4F15-BD26-E42DE76BCF40
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 9 October 25, 2022
8. PUBLIC HEARINGS:
A. Self-Storage Facilities Municipal Code Amendment (2022-70571) and Specific Plan Amendment 20 (2022-70799)
ORDINANCE AMENDING THE THOUSA ND OAKS BOULEVARD SPECIFIC PLAN (SP-20), AND THE THOUSAND OAKS MUNICIPAL CO DE 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 ARTI CLE 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 amendment s to the Thousand Oaks Boulevard Specific Plan Appendix A (Land Use T able) 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.
Hearing, advertised as required by law, opened to consider item. Presented by Senior Planner Kolwitz. Community De velopment Director Parker and City Attorney Noonan responded to questions. Planning Division Manager Steve Kearns available for questions. Addi tional information supplemental packet including ex parte communications fr om Mayor Engler and Councilmembers Adam and McNamee.
Speakers: Monica Merryman, Executiv e Director, Cancer Support Community, con; Tom Cohen, representing Public Storage, card unmarked; Ryan Leaderman, Holland & Knight, LLP, con.
Written Statements: To m Cohen, Cohen Land Use Law , LLP; Joanne Geiler, President, SoCal Self-Storage, LLC; Moni ca E. Merryman, Executive Director, Cancer Support Community; Ryan M. Leade rman, Holland & Knight, LLP; David P. Lanferman, Rutan & Tucker, LLP.
Mayor Engler closed the public hearing.
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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 10 October 25, 2022
8. PUBLIC HEARINGS: (Continued)
Motion by Councilmember Adam to approve staff’s recommendation , with the following amendments:
Add caretaker/security camera option as noted in the 5:00 p.m. supplemental packet;
Retail/mixed use front requirement as optional instead of mandatory for new facilities or new expansions;
Authorize expansions of existing legally nonconforming use sites up to 10% or 8,000 S.F. expansion on the same parcel exterior or allow expansion within entire existing building footprint; and
Add additional language allowing reconstruction of legally nonconforming use destroyed buildings to be rebuilt as noted in the 5:00 p.m. supplemental packet.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
City Council recess 8:16 p.m.; reconvened at 8:28 p.m.
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 TI TLE 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 CO DE, CALIFORNIA BUILDING CODE,
CALIFORNIA RESIDENTIAL CODE, CALIFORNIA EXISTING BUILDING CODE,
CALIFORNIA HISTORICAL BUILDI NG CODE, CALIFORNIA MECHANICAL
CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA ELECTRICAL CODE,
CALIFORNIA ENERGY CODE, CALIFO RNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA REFERENCED STANDARDS CODE, AND 2021
INTERNATIONAL PROPERTY MAINTENANCE CODE, AND ADDING SECTION 8-1.27 RELATING TO EM ERGENCY HOUSING AND CHAPTER 4 TO TITLE 8 RELATING TO CODE ADMINISTRATION (MCA 2022-70456)
1ST READING
RECOMMENDATION:
Read ordinance in title only, further r eading 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 Calif ornia Code of Regulations Title 24 and the California H ealth and Safety Code (California State Building Code).
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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 11 October 25, 2022
8. PUBLIC HEARINGS: (Continued)
Hearing, advertised as required by law, opened to consider item. Presented by Building Official De Anda. Communi ty Development Director Parker and Sustainability Division Manager Cox responded to questions. Additional information supplemental packet.
Speakers: Clint Fultz, Thousand Oaks; Kat Selm, Thousand Oaks; Faith Grant, city of residence unknown.
Written Statements: Michael Chiacos, Director, Climat e Council, pro; Gordon Clint, Newbury Park; Barbara Leighton, Newbury Park; Jackson Piper, Newbury Park, pro; Rose Ann Witt, Co-Founder, Conejo Climate Coalition.
Mayor Engler closed the public hearing.
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
9. STUDY SESSIONS: None
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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 12 October 25, 2022
10. DEPARTMENT REPORTS:
A. 2022 Bella Vista Apar tments (2011-2025 Los Feliz Drive) Refinance
RESOLUTION RESCINDING RESOLUTION NOS. 2019-040 AND 2019-041
AND APPROVING AND AUTHORIZIN G EXECUTION OF ASSIGNMENT,
ASSUMPTION AND FIRST AMENDMEN T TO REGULATORY AGREEMENT
AND DECLARATION OF RESTRICTIV E COVENANTS, FORGIVENESS OF
GRANT, MODIFICATION OF LOAN DOCUMENTS, CONSENT TO PROPERTY
TRANSFER AND ASSIGNMENT OF LOAN DOCUMENTS, AND
SUBORDINATION OF CITY INTEREST S TO DEEDS OF TRUST SECURING NEW LOANS AND RELATED REGULATO RY AGREEMENTS FOR THE 2022
REFINANCE OF THE BELLA VISTA APARTMENTS AND RELATED MATTERS
RES. NO. 2022-053
RECOMMENDATION:
Adopt resolution to rescind Resolu tion Nos. 2019-040 and 2019-041 and to approve and authorize City Manager to fi nalize and execute Assignment and Assumption and First Amendment to Regul atory Agreement an d Declaration of Restrictive Covenants, forgiveness of gr ant, modification of loan documents, consent to property transfer and assignment of loan documents, and subordination of City interests to deeds of trust se curing new loans and related regulatory agreements for the 2022 refinance of t he Bella Vista Apartments and related matters.
Presented by Community Development Analyst Oshita. Many Mansions President Rick Schroeder responded to questions.
Speaker/Written Statement: None.
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – 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
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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 13 October 25, 2022
14. CITY MANAGER:
A. Announcements and upcoming issues
City Manager Powers provided an update on the November 1, 2022, City Council meeting.
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).
City Attorney Noonan announced Closed Session held at 9:18 p.m. and indicated no announcement anticipated.
16. PUBLIC NOTICES: None
17. ADJOURNMENT: City Council adjourned at 9:40 p.m. to Regular Meeting on November 1, 2022.
_______________________________
B o b E n g l e r , M a y o r
City of Thousand Oaks City Council
Attest:
__________________________________
Cynthia M. Rodriguez, City Clerk
City of Thousand Oaks City Council
AGENDA POSTED: October 20, 2022
MINUTES APPROVED: November 1, 2022
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.
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