Meeting
City Council
REGULAR MEETING
Tuesday, December 06, 2022, 6:00 PM
Andrew P. Fox City Council Chambers
AND
Teleconference Location:
Residence
4534 Cherry Valley Circle
Thousand Oaks, CA 91362
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
Jaime Boscarino, Finance Dir./City Treasurer
Kelvin Parker, Community Development Director
Clifford G. Finley, Public Works Director
Laura B. Maguire, Acting City Clerk
Tim Giles, Human Resources Director
Jonathan Serret, Cultural Affairs Director
Jennifer Patterson, Library Services Director
Jim Friedl, General Manager, CRPD
Alexandra South, Strategic Communications/Public Affairs Dir.
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).
Be advised that those participating via Zoom do so at their own risk. The City Council meeting will not be cancelled if any technical issues occur during the meeting.
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
November 2, 2022, November 9, 2022, November 16, 2022, November 23, 2022, and November 30, 2022 ; approve December 7, 2022, December 14, 2022, December 21, 2022, December 28, 2022, and January 4, 2023, subject to review and ratification B.
Minutes of City Council meeting of November 1, 2022
RECOMMENDATION:
Approve
Draft Minutes 20221101
C.
Investment Review Committee Appointments
RECOMMENDATION:
1. Approve the reappointment of incumbent Cody Sorenson and the appointment of Sheila Moore to the Investment Review Committee to serve two-year terms ending December 2024.
2. Find that this action is not a project as defined under the California Environmental Quality Act.
Staff Report
Attach 1 Investment Review Committee Appointments
D.
Municipal Service Center Elevator Modernization (MI 2635) RECOMMENDATION:
1. Authorize staff to solicit bids for the Municipal Service Center (MSC) Elevator Modernization project (MI 2635).
2. Find that this action is not a project as defined under the California Environmental Quality Act.
Staff Report
E.
Federal Lobbyist Services
RECOMMENDATION:
1. Approve federal lobbying services agreement with Van Scoyoc Associates, Inc., Washington, D.C. to provide federal legislative advocacy and lobbying services in the not-to-exceed amount of $85,500 per year for a three-year term, effective January 1, 2023 and ending December 31, 2025, with the option to extend the contract for two additional years. The total five-year contract shall not exceed $427,500.
2. Approve budget appropriation in the amount of $9,500 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001-1120-611-5750 (Contract Service Payment to Agencies - Management Fees).
3. Authorize expenditure in the amount not-to-exceed $43,500 for the remaining term of the agreement of FY 2022-23, and $85,500 for FY 2023-24 from A/C #001-1120-611-5750 (Contract Service Payment to Agencies - Management Fees).
4. Find that approving the contract is not a “project” under the California Environmental Quality Act Guidelines.
Staff Report
Att 1 Van Scoyoc Associates Inc Agreement
F.
Public Transportation Agency Safety Plan Update
RESOLUTION TO ACKNOWLEDGE AND APPROVE ANNUAL REVIEW AND UPDATE OF CITY OF THOUSAND OAKS TRANSIT PUBLIC TRANSPORTATION AGENCY SAFETY PLAN RECOMMENDATION:
1. Adopt resolution acknowledging annual review and update of the City of Thousand Oaks Transit Public Transportation Agency Safety Plan.
2. Find that this action is not a project as defined under the California Environmental Quality Act.
Staff Report
Attachment 1 Resolution Adopting 2023 Thousand Oaks Transit Public G.
Safety Compliance and Culture Services Agreement
RECOMMENDATION:
1. Approve single source designation of Citadel Environmental Services, Inc. for workplace safety and culture services pursuant to Thousand Oaks Municipal Code Section 3-10.202.
2. Award agreement for professional services to Citadel Environmental Services, Inc., of Glendale, CA, for workplace safety and culture services effective January 1, 2023, and ending December 31, 2025, with two one-year options to extend the agreement. The not-to-exceed amount is $570,907 over the lifetime of the contract.
3. Authorize expenditure in FY 2022-23 in the total amount of $95,157 from the following accounts; $25,121 from A/C #621-8250-682-5699 (Hill Canyon Treatment Plant, Contracted Services), $21,124 from A/C #611-8030-682-5699 (Water Distribution, Contracted Services), $10,562 from A/C #621-8220-682-5699 (Wastewater Collections, Contracted Services), $9,230 from A/C #001-5610-631-5699 (Roads, Contracted Services), $9,230 from A/C #001-5630-632-5699 (Landscape, Contracted Services), $6,566 from A/C #177-5320-631-5699 (Stormwater, Contracted Services), $5,329 from A/C #001-5660-631-5699 (Storm Drains, Contracted Services), $5,329 from A/C #142-5630-632-5699 (Landscape Assessment District, Zone: LLAD), $1,333 from A/C #621-8240-682-5699 (Industrial Waste, Contracted Services), and $1,333 from A/C #611-8070-682-5699 (Water Quality Assurance, Contracted Services).
4. Find that this action is not a “project” as defined under the California Environmental Quality Act.
Staff Report
Att 1 Agreement with Citadel Environmental Services
H.
Conflict of Interest Resolution Update
RESOLUTION UPDATING DESIGNATED EMPLOYEES, OFFICERS, AND DISCLOSURE CATEGORY LIST FOR FAIR POLITICAL PRACTICES ACT REQUIREMENTS (CONFLICT OF INTEREST) AND RESCINDING RESOLUTION NO. 2020-053 RECOMMENDATION:
1. Adopt resolution updating designated employees, officers, and disclosure category list for Conflict of Interest.
2. Find that the action of adopting the resolution is not a “project” under the California Environmental Quality Act Guidelines.
Staff Report
Attachment 1 Resolution
I.
Fats, Oils, and Grease Waste Acceptance
RECOMMENDATION:
1. Approve first amendment to agreements with Alpha Pumping, Inc. (Van Nuys, CA), Coastal Byproducts (Oxnard, CA), Buron’s Preferred Pumping (Agoura Hills, CA), and ETP, Inc. (Newhall, CA) to extend terms through December 31, 2027, for continued delivery and disposal of restaurant fats, oils, and grease waste at the Hill Canyon Treatment Plant.
2. Authorize City Manager to approve future price adjustments for Fats, Oils, and Grease waste acceptance, as negotiated between City Project Manager and waste haulers, by written amendment to agreements.
3. Find that this action is not a “project” as defined under the California Environmental Quality Act.
Staff Report
Attachment 1 Alpha Pumping Inc First Amendment
Attachment 2 Coastal Byproducts Inc First Amendment
Attachment 3 Burons Preferred Pumping First Amendment
Attachment 4 ETP Inc First Amendment
J.
Employee Performance and Learning Management Software and Services Agreement RECOMMENDATION:
1. Approve agreement for the period of July 25, 2023 through July 31, 2027, with Cornerstone OnDemand, Inc. (Santa Monica, CA) for employee performance management software and services in an amount not to exceed $108,755.06.
2. Approve agreement for the period of December 31, 2022 through July 31, 2027, with Cornerstone OnDemand, Inc. (Santa Monica, CA) for employee learning management software and services in an amount not to exceed $172,047.39.
3. Authorize expenditure in the total amount of $20,071 from A/C #001-0510-612-3122 (General Fund, Software License) for the remaining FY 2022-23 budget cycle.
4. Find that this action is not a “project” as defined under the California Environmental Quality Act.
Staff Report
Att 1 Performance Management Software and Services Agreement Att 2 Learning Management Software and Services Agreement K.
Turblex Blower Maintenance and Repair Services
RECOMMENDATION:
1. Award General Services Agreement to Lone Star Blower, Inc. (Houston, TX) for an amount not-to-exceed $155,280 for Turblex™ Blower Maintenance and Repair Services with a three-year term through December 31, 2026.
2. Authorize expense for FY 2022-23 in the amount of $13,920 from A/C #621-8250-682-5699 (Contracted Services) and up to $30,000 for anticipated materials from A/C #621-8250-685-3220 (Parts & Materials/Maintenance).
3. Find that this action/project is categorically exempt from California Environmental Quality Act pursuant to Section 15301(b).
Staff Report
Attachment 1 Lone Star Blower Inc Agreement
L.
Hill Canyon Treatment Plant Retaining Wall Project CI (5444) RECOMMENDATION:
1. Approve Change Order No. 2 to Contract No. 13012-2022 with GMZ Engineering, Inc. of Westlake Village, CA, for the Hill Canyon Treatment Plant Retaining Wall Project (CI 5444) in the amount of $103,730.25 for a new revised not-to-exceed amount of $1,453,577.56.
2. Approve Fifth Amendment to Professional Services Agreement No. 12377-2020 with m6 Consulting, Inc. of Westlake Village, CA, for additional Construction Phase Services on the Hill Canyon Treatment Plant Retaining Project (CI 5444) in the amount of $88,125 for a new revised not-to-exceed amount of $239,831.
3. Approve budget appropriation and expenditure in the amount of $240,000 from A/C #624-0000-341-9900 (Wastewater Fund, Net Position) to A/C #624-8250-682-8300 (CI 5444), Hill Canyon Treatment Plant Retaining Wall Project.
4. Find that the project is Categorically Exempt from California Environmental Quality Act pursuant to 14 CCR § 15301, 15302, and 15304.
Staff Report
Attachment 1 Vicinity and Location Maps
Attachment 2 Fifth Amendment with m6 Consulting Inc
Attachment 3 Change Order No 2 to GMZ Engineering Inc
M.
Prefabricated Solar Systems at Various City Facilities (CI 5562) RECOMMENDATION:
1. Authorize staff to issue a Request for Proposals/Qualifications for procurement of design and construction of Prefabricated Solar Systems at Various City Facilities (CI 5562).
2. Find that this action is not a project as defined under the California Environmental Quality Act.
Staff Report
Attachment 1 Vicinity and Location Maps
N.
Ventura County Citizens Transportation Advisory Committee Appointments RECOMMENDATION:
1. Approve the reappointment of Chaise Rasheed to fill a regular member position; term ending November 2024, and appointment of Aaron Kitzman to fill an alternate member position; term ending November 2023, on the Ventura County Citizens Transportation Advisory Committee.
2. Find that this action is not a project of the California Environmental Quality Act .
Staff Report
Attachment 1 Selected VCCTAC Applications
O.
Interceptor Unit Repairs FY 2021-23 (MI 2577)
RECOMMENDATION:
1. Approve Amendment No. 2 to Task Order No. 1 with SWCA Environmental Consultants (Pasadena, CA) On-Call Agreement No. 12431-2020 to perform additional environmental permitting services in connection with the Arroyo Conejo Creek Maintenance Agreement in the amount of $28,931, for a revised not-to-exceed amount of $103,799.50, plus extra services of $9,000, with a term ending June 30, 2023.
2. Approve expenditure in the amount of $37,931 ($28,931 Amendment, plus extra services of $9,000) from A/C #624-8250-682-5500 (MI 2577).
3. Find that the project is Categorically Exempt from California Environmental Quality Act pursuant to 14 CCR 15301(b).
Staff Report
Attachment 1 Amendment 2 to Task Order No 1 with SWCA
P.
Fats, Oils, and Grease Facility Improvements Project (CI 5441) RECOMMENDATION:
1. Approve the project design, plans, specifications, and Addenda Nos. 1 through 4 for construction of the Hill Canyon Treatment Plant Fats, Oils, and Grease Facility Improvements Project (CI 5441) Project.
2. Award construction contract to GSE Construction Co., Inc. (Livermore, CA) in the amount of $4,224,500, plus a contingency of $422,450.
3. Approve budget appropriation in the amount of $2,993,700 from A/C #624-0000-341-9900 (Wastewater Fund, Net Position) to A/C #624-8250-682-8300 (CI 5441, Improvements Other than Buildings).
4. Approve Fourth Amendment to Professional Services Agreement No. 12688-2021 with MKN Associates, Inc. (Los Angeles, CA), for additional design services and construction phase support services and Material Testing on the FOG Facility Improvements Project in the amount of $453,070, for a revised not-to-exceed amount of $851,092, plus extra services of $42,865, and extend the term of the agreement to June 30, 2024.
5. Authorize expenditure in the amount of $5,142,885 ($4,224,500 construction contract, $422,450 construction contract contingency, $453,070 for design and construction support services, and material testing, and $42,865 for extra services) from A/C #624-8250-682-8300 (CI 5441, Improvements Other than Buildings).
6. 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.
7. Find that the Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15302.
Staff Report
Attachment 1 Vicinity and Location Map
Attachment 2 Fourth Amendment to Agreement for MKN Associates Inc Q.
Janss Marketplace Hotel Project Environmental Impact Report Consultant RECOMMENDATION:
1. Approve a professional services agreement with CSG Consultants, Inc., (CSG) of Orange, CA, for the preparation of an Environmental Impact Report (EIR) for the Janss Marketplace Hotel Project located at 225 North Moorpark Road, with an agreement term beginning December 6, 2022 through June 30, 2024, with a base cost of $198,820 and additional services of $32,100 for a total not-to-exceed amount of $230,920.
2. Authorize budget appropriation and expenditure in an amount not-to-exceed $230,920 from A/C #001-4210-447-4000 (Charges for Services – Planning Fees/Permit) to A/C #001-4210-641-5947 (Contracted Services, Reimbursable).
3. Find that the approval of a professional services agreement is not a project under California Environmental Quality Act (CEQA) Guideline Section 15378(b)(5) (CCR, Title 14, Chapter 3, Article 20).
Staff Report
Attachment 1 Agreement for Professional Services with CSG
8. PUBLIC HEARINGS:
A.
Single-Use Foodware Accessories and Standard Condiments Municipal Code Amendment ORDINANCE REPEALING SECTIONS 6-6.302 AND 6-6.303 OF THOUSAND OAKS MUNICIPAL CODE AND ADDING CHAPTER 7 TO TITLE 6 OF THOUSAND OAKS MUNICIPAL CODE RESTRICTING USE AND DISTRIBUTION OF SINGLE-USE FOODWARE ACCESSORIES AND STANDARD CONDIMENTS 1ST READING
RECOMMENDATION:
1. Read ordinance in title only, further reading be waived, and if no objection, introduce ordinance repealing Sections 6-6.302 and 6-6.303 of the Thousand Oaks Municipal Code and adding Chapter 7 to Title 6 of the Thousand Oaks Municipal Code restricting the use and distribution of single-use foodware accessories and standard condiments.
2. Find that the action is exempt from the California Environmental Quality Act pursuant to 14 CCR § 15061(b)(3) and 14 CCR § 15308.
Staff Report
Attachment 1 Ordinance of Single-Use Food Ware Accessories and Standard Condiments Distribution
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS: None
11. COMMITTEE/COMISSION/BOARD REPORTS:
A.
City Investment Review Committee Annual Report
RECOMMENDATION:
1. Receive and file report.
2. Find that this action is not a project as defined under the California Environmental Quality Act Guidelines.
Staff Report
B.
Fiscal Year 2022-23 Community Sports Grant Recommendations RECOMMENDATION:
1. Approve award of Community Sports Grants totaling $73,776.47.
2. Authorize the City Manager or designee to execute Community Sports Grants agreements with grantees.
3. Authorize expenditure in the amount of $73,776.47 from A/C #001-1120-611-5920 (SF2023, Grants and Donations) for Community Sports Grants.
4. Find that this action is exempt under Section 15061(b)(3) of the California Environmental Quality Act Guidelines.
Staff Report
Attachment 1 Community Sports Grant Award Five Year History Attachment 2 2022 to 2023 Community Sports Grant Award Recommendations
12. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
13. COUNCIL ISSUES/RECOMMENDATIONS:
A.
Ad Hoc Homelessness Committee Navigation Center/ Emergency Shelter Update RECOMMENDATION:
1. Approve the selection of DignityMoves (DM) (San Francisco, CA), Hope of the Valley Rescue Mission (HOTV) (Mission Hills, CA), and Many Mansions (MM) (Thousand Oaks, CA) to develop, lease, and operate a Navigation Center at 1205 Lawrence Drive and authorize the City Manager to initiate the preparation of an Exclusive Negotiating Agreement between the City of Thousand Oaks and DM/HOTV/MM.
2. Find that this action is not a project as defined under the California Environmental Quality Act Guidelines.
Staff Report
B.
Update on League of California Cities Channel Counties Division Meeting on October 28, 2022 RECOMMENDATION:
Receive report and find that receiving the update is not a “project” under the California Environmental Quality Act.
Staff Report
C.
2022 National League of Cities City Summit Conference
RECOMMENDATION:
Receive report and find that receiving said report is not a “project” as defined by the California Environmental Quality Act Guidelines.
Staff Report
14. CITY MANAGER:
A.
Announcements and upcoming issues
15. CLOSED SESSION: None
16. PUBLIC NOTICES: None
17. ADJOURNMENT: Adjourn to City Council Reorganization Meeting December 13, 2022.
Agenda Post Date/Time: Dec 01, 2022, 5:00P.M.
CCD:610-40\h:\common\agenda\2022\12-06-22.docx