City Council
REGULAR MEETING
Tuesday, January 24, 2023, 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) 4492151 within 48 hours of the meeting.
Kevin McNamee, Mayor
Al Adam, Mayor Pro Tem
Bob Engler, Councilmember
David Newman, Councilmember
Mikey Taylor, 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, 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 rebroadcast 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) 4492151. 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) 4492151 or by email at [email protected] . Notification 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) 4492151 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 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.
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:
A. One City One Book Program 2023
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. 2011066/067)
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify January 11, 2023, and January 18, 2023; approve January 25, 2023, February 1, 2023, and February 8, 2023, subject to review and ratification B. Minutes of City Council meeting of January 10, 2023
RECOMMENDATION:
Approve
C. Electric Vehicle Charging Stations at Grant Brimhall and Newbury Park Libraries (CI 5569)
RECOMMENDATION:
1. Approve the project design and specifications, including Addenda Nos. 1 & 2 for construction of the Electric Vehicle Charging Stations (CI 5569) at Grant Brimhall and Newbury Park Libraries.
2. Award construction contract for Electric Vehicles Charging Stations (CI 5569) to Preferred Power Solutions, Inc. (Bakersfield, CA), in the amount of $237,250, plus a contingency of $23,725.
3. Find that this action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR Section 15301 and 15311.
4. Approve Budget Appropriation in the amount of $38,286 from A/C #1100000311 1000 (Library Fund, Fund Balance) to A/C #11073106738300 (CI 5569, Improvements Other than Buildings Grant Brimhall Library) and $28,714 from A/C #11000003111000 (Library Fund, Fund Balance) to A/C #11074106738300 (CI 5569, Improvements Other than Buildings Newbury Park Library).
5. Authorize expenditure in the amount of $265,975 ($237,250 construction contract; contingency of $23,725; and $5,000 for City furnished materials and supplies) as follows: $151,986 from A/C #11073106738300 (CI 5569, Electric Vehicles Charging Stations Grant Brimhall Library) and $113,989 from A/C #1107410673 8300 (CI 5569, Electric Vehicles Charging Stations Newbury Park Library).
6. Delegate authority to the City Engineer to approve changes to the design, specifications, and working details of the project on work directives and change orders up to the project approved contingency amount.
D. Hill Canyon Treatment Plant Unit W Wastewater Interceptor Capital Project (CI 5445) RECOMMENDATION:
Authorize staff to advertise for construction bids for the Hill Canyon Treatment Plant Unit W Wastewater Interceptor Capital Improvement Program (CI 5445).
CEQA: A Mitigated Negative Declaration was approved for this project by City Council on February 22, 2022.
E. Authorization to Purchase Water Truck
RECOMMENDATION:
1. Authorize staff to waive City’s normal equipment purchasing process found in Thousand Oaks Municipal Code (TOMC) Sec. 310.201, for the purchase of a new or used water truck.
2. Authorize staff to open a purchase order in an amount nottoexceed $175,000.
3. Approve additional budget appropriation and expenditure in the amount of $175,000 from A/C #00100003111000 (General Fund, Fund Balance) to A/C #00156306328400 (General Fund, Street Trees/Landscaping Equipment over $5,000).
4. Find that this action is not a project as defined under the California Environmental Quality Act.
F. Land Management System Project Management
RECOMMENDATION:
1. Authorize City Manager to execute amendment of professional services agreement with Park Consulting Group (Irvine, CA) (Contract No. 127292021) for the City’s Land Management System (LMS) implementation, subject to the approval of City Attorney once all terms have been negotiated, for a total contract amendment amount of $150,000 and a total contract nottoexceed amount of $440,000.
2. Authorize budget appropriation and expenditure in the amount nottoexceed $150,000 from A/C #00100003111000 (General Fund, Fund Balance) to A/C #001 40106415420 (General Fund, Consulting Services) for project management through December 31, 2023.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
G. First Amendment to Municipal Service Center Mechanical Equipment Services Agreement
RECOMMENDATION:
1. Approve first amendment to Contract No. 130002022 with Mesa Energy Systems, Inc., DBA Emcor Services Mesa Energy of Irvine, CA (Mesa), to add $75,000 with a new total nottoexceed amount of $150,000 over the lifetime of the contract.
2. Authorize additional expenditure in the amount of $75,000 from various General Fund accounts (Contracted Services (Private) / HVAC Maintenance) as available.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
8. PUBLIC HEARINGS:
A. Proposed Zone Change (202270828Z)
ORDINANCE AMENDING THOUSAND OAKS MUNICIPAL CODE RELATING TO OFFICIAL ZONING MAP BY CHANGING ZONING CLASSIFICATION OF PROPERTY LOCATED AT 3020 CRESCENT WAY; (ZONE CHANGE 202270828 Z)
1ST READING
RECOMMENDATION:
1. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).
2. Read ordinance in title only, further reading be waived, and if no objection, introduce ordinance to amend the Thousand Oaks Municipal Code relating to the Official Zoning Map by changing the zoning classification of the property located at 3020 Crescent Way from PL (Public, QuasiPublic, and Institutional Lands and Facilities) to RPD12U (Residential Planned Development).
RES. NO. 2023044
B. Municipal Code Amendment to Allow Columbarium Use in Residential Zones (2020 70180MCA)
ORDINANCE AMENDING THOUSAND OAKS MUNICIPAL CODE ARTICLE 21 TO TITLE 9, CHAPTER 4 TO ALLOW COLUMBARIUM USE ANCILLARY TO A PERMITTED RELIGIOUS FACILITY IN RESIDENTIAL ZONES AND ESTABLISH NEW DEVELOPMENT AND ZONING STANDARDS RELATED TO COLUMBARIUM USE IN RESIDENTIAL ZONES (202070180MCA)
1ST READING
RECOMMENDATION:
1. Find that this Thousand Oaks Municipal Code Amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to California Government Code Section 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 Municipal Code (TOMC) Title 9, Chapter 4, Article 2 (Definitions) to add “Columbarium,” and to Article 21 (Permitted Use Matrix – Residential Zones) to allow a columbarium as an ancillary use to a permitted religious facility, subject to conditions and approval of a Special Use Permit.
RES. NO. 2023045
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS:
A. Temporary Outdoor Dining Areas Extension and Outdoor Dining Standards Municipal Code Amendment
RESOLUTION DECLARING INTENTION TO CONSIDER AMENDMENT TO THOUSAND OAKS MUNICIPAL CODE TO REVISE CODE SECTION 94.2523 FOR REVISIONS TO DESIGN AND DEVELOPMENT STANDARDS PERTAINING TO RESTAURANT OUTDOOR CUSTOMER DINING AREAS (MCA 202270001) 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. Adopt resolution initiating Municipal Code Amendment (MCA) 202270001 and authorizing retention of permitted temporary outdoor dining areas for the period the MCA is being processed.
11. COMMITTEE/COMISSION/BOARD REPORTS:
A. Planning Commission and Traffic and Transportation Advisory Commission Appointments (Engler)
RECOMMENDATION:
1. Approve reappointment to the Planning Commission of Sharon McMahon to serve a term ending December 2026.
2. Approve appointment to the Traffic and Transportation Advisory Commission of Brendan Callahan to serve a term ending December 2026.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
B. Planning Commission and Traffic and Transportation Advisory Commission Appointments (Newman)
RECOMMENDATION:
Report to be provided
C. Planning Commission and Traffic and Transportation Advisory Commission Appointments (Taylor)
RECOMMENDATION:
Report to be provided
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: None
16. PUBLIC NOTICES: None
17. ADJOURNMENT: Adjourn to Regular Meeting February 14, 2023.
Agenda Post Date/Time: May 11, 2023, 5:00P.M.
CCD:61040\h:\common\agenda\2023\012423.docx
City Council
REGULAR MEETING
Tuesday, January 24, 2023, 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) 4492151 within 48 hours of the meeting.
Kevin McNamee, Mayor
Al Adam, Mayor Pro Tem
Bob Engler, Councilmember
David Newman, Councilmember
Mikey Taylor, 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, 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 rebroadcast 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) 4492151. 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) 4492151 or by email at [email protected] . Notification 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) 4492151 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 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.
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:
A. One City One Book Program 2023
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. 2011066/067)
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify January 11, 2023, and January 18, 2023; approve January 25, 2023, February 1, 2023, and February 8, 2023, subject to review and ratification B. Minutes of City Council meeting of January 10, 2023
RECOMMENDATION:
Approve
C. Electric Vehicle Charging Stations at Grant Brimhall and Newbury Park Libraries (CI 5569)
RECOMMENDATION:
1. Approve the project design and specifications, including Addenda Nos. 1 & 2 for construction of the Electric Vehicle Charging Stations (CI 5569) at Grant Brimhall and Newbury Park Libraries.
2. Award construction contract for Electric Vehicles Charging Stations (CI 5569) to Preferred Power Solutions, Inc. (Bakersfield, CA), in the amount of $237,250, plus a contingency of $23,725.
3. Find that this action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR Section 15301 and 15311.
4. Approve Budget Appropriation in the amount of $38,286 from A/C #1100000311 1000 (Library Fund, Fund Balance) to A/C #11073106738300 (CI 5569, Improvements Other than Buildings Grant Brimhall Library) and $28,714 from A/C #11000003111000 (Library Fund, Fund Balance) to A/C #11074106738300 (CI 5569, Improvements Other than Buildings Newbury Park Library).
5. Authorize expenditure in the amount of $265,975 ($237,250 construction contract; contingency of $23,725; and $5,000 for City furnished materials and supplies) as follows: $151,986 from A/C #11073106738300 (CI 5569, Electric Vehicles Charging Stations Grant Brimhall Library) and $113,989 from A/C #1107410673 8300 (CI 5569, Electric Vehicles Charging Stations Newbury Park Library).
6. Delegate authority to the City Engineer to approve changes to the design, specifications, and working details of the project on work directives and change orders up to the project approved contingency amount.
D. Hill Canyon Treatment Plant Unit W Wastewater Interceptor Capital Project (CI 5445) RECOMMENDATION:
Authorize staff to advertise for construction bids for the Hill Canyon Treatment Plant Unit W Wastewater Interceptor Capital Improvement Program (CI 5445).
CEQA: A Mitigated Negative Declaration was approved for this project by City Council on February 22, 2022.
E. Authorization to Purchase Water Truck
RECOMMENDATION:
1. Authorize staff to waive City’s normal equipment purchasing process found in Thousand Oaks Municipal Code (TOMC) Sec. 310.201, for the purchase of a new or used water truck.
2. Authorize staff to open a purchase order in an amount nottoexceed $175,000.
3. Approve additional budget appropriation and expenditure in the amount of $175,000 from A/C #00100003111000 (General Fund, Fund Balance) to A/C #00156306328400 (General Fund, Street Trees/Landscaping Equipment over $5,000).
4. Find that this action is not a project as defined under the California Environmental Quality Act.
F. Land Management System Project Management
RECOMMENDATION:
1. Authorize City Manager to execute amendment of professional services agreement with Park Consulting Group (Irvine, CA) (Contract No. 127292021) for the City’s Land Management System (LMS) implementation, subject to the approval of City Attorney once all terms have been negotiated, for a total contract amendment amount of $150,000 and a total contract nottoexceed amount of $440,000.
2. Authorize budget appropriation and expenditure in the amount nottoexceed $150,000 from A/C #00100003111000 (General Fund, Fund Balance) to A/C #001 40106415420 (General Fund, Consulting Services) for project management through December 31, 2023.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
G. First Amendment to Municipal Service Center Mechanical Equipment Services Agreement
RECOMMENDATION:
1. Approve first amendment to Contract No. 130002022 with Mesa Energy Systems, Inc., DBA Emcor Services Mesa Energy of Irvine, CA (Mesa), to add $75,000 with a new total nottoexceed amount of $150,000 over the lifetime of the contract.
2. Authorize additional expenditure in the amount of $75,000 from various General Fund accounts (Contracted Services (Private) / HVAC Maintenance) as available.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
8. PUBLIC HEARINGS:
A. Proposed Zone Change (202270828Z)
ORDINANCE AMENDING THOUSAND OAKS MUNICIPAL CODE RELATING TO OFFICIAL ZONING MAP BY CHANGING ZONING CLASSIFICATION OF PROPERTY LOCATED AT 3020 CRESCENT WAY; (ZONE CHANGE 202270828 Z)
1ST READING
RECOMMENDATION:
1. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).
2. Read ordinance in title only, further reading be waived, and if no objection, introduce ordinance to amend the Thousand Oaks Municipal Code relating to the Official Zoning Map by changing the zoning classification of the property located at 3020 Crescent Way from PL (Public, QuasiPublic, and Institutional Lands and Facilities) to RPD12U (Residential Planned Development).
RES. NO. 2023044
B. Municipal Code Amendment to Allow Columbarium Use in Residential Zones (2020 70180MCA)
ORDINANCE AMENDING THOUSAND OAKS MUNICIPAL CODE ARTICLE 21 TO TITLE 9, CHAPTER 4 TO ALLOW COLUMBARIUM USE ANCILLARY TO A PERMITTED RELIGIOUS FACILITY IN RESIDENTIAL ZONES AND ESTABLISH NEW DEVELOPMENT AND ZONING STANDARDS RELATED TO COLUMBARIUM USE IN RESIDENTIAL ZONES (202070180MCA)
1ST READING
RECOMMENDATION:
1. Find that this Thousand Oaks Municipal Code Amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to California Government Code Section 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 Municipal Code (TOMC) Title 9, Chapter 4, Article 2 (Definitions) to add “Columbarium,” and to Article 21 (Permitted Use Matrix – Residential Zones) to allow a columbarium as an ancillary use to a permitted religious facility, subject to conditions and approval of a Special Use Permit.
RES. NO. 2023045
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS:
A. Temporary Outdoor Dining Areas Extension and Outdoor Dining Standards Municipal Code Amendment
RESOLUTION DECLARING INTENTION TO CONSIDER AMENDMENT TO THOUSAND OAKS MUNICIPAL CODE TO REVISE CODE SECTION 94.2523 FOR REVISIONS TO DESIGN AND DEVELOPMENT STANDARDS PERTAINING TO RESTAURANT OUTDOOR CUSTOMER DINING AREAS (MCA 202270001) 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. Adopt resolution initiating Municipal Code Amendment (MCA) 202270001 and authorizing retention of permitted temporary outdoor dining areas for the period the MCA is being processed.
11. COMMITTEE/COMISSION/BOARD REPORTS:
A. Planning Commission and Traffic and Transportation Advisory Commission Appointments (Engler)
RECOMMENDATION:
1. Approve reappointment to the Planning Commission of Sharon McMahon to serve a term ending December 2026.
2. Approve appointment to the Traffic and Transportation Advisory Commission of Brendan Callahan to serve a term ending December 2026.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
B. Planning Commission and Traffic and Transportation Advisory Commission Appointments (Newman)
RECOMMENDATION:
Report to be provided
C. Planning Commission and Traffic and Transportation Advisory Commission Appointments (Taylor)
RECOMMENDATION:
Report to be provided
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: None
16. PUBLIC NOTICES: None
17. ADJOURNMENT: Adjourn to Regular Meeting February 14, 2023.
Agenda Post Date/Time: May 11, 2023, 5:00P.M.
CCD:61040\h:\common\agenda\2023\012423.docx
City Council
REGULAR MEETING
Tuesday, January 24, 2023, 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) 4492151 within 48 hours of the meeting.
Kevin McNamee, Mayor
Al Adam, Mayor Pro Tem
Bob Engler, Councilmember
David Newman, Councilmember
Mikey Taylor, 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, 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 rebroadcast 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) 4492151. 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) 4492151 or by email at [email protected] . Notification 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) 4492151 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 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.
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:
A. One City One Book Program 2023
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. 2011066/067)
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify January 11, 2023, and January 18, 2023; approve January 25, 2023, February 1, 2023, and February 8, 2023, subject to review and ratification B. Minutes of City Council meeting of January 10, 2023
RECOMMENDATION:
Approve
C. Electric Vehicle Charging Stations at Grant Brimhall and Newbury Park Libraries (CI 5569)
RECOMMENDATION:
1. Approve the project design and specifications, including Addenda Nos. 1 & 2 for construction of the Electric Vehicle Charging Stations (CI 5569) at Grant Brimhall and Newbury Park Libraries.
2. Award construction contract for Electric Vehicles Charging Stations (CI 5569) to Preferred Power Solutions, Inc. (Bakersfield, CA), in the amount of $237,250, plus a contingency of $23,725.
3. Find that this action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR Section 15301 and 15311.
4. Approve Budget Appropriation in the amount of $38,286 from A/C #1100000311 1000 (Library Fund, Fund Balance) to A/C #11073106738300 (CI 5569, Improvements Other than Buildings Grant Brimhall Library) and $28,714 from A/C #11000003111000 (Library Fund, Fund Balance) to A/C #11074106738300 (CI 5569, Improvements Other than Buildings Newbury Park Library).
5. Authorize expenditure in the amount of $265,975 ($237,250 construction contract; contingency of $23,725; and $5,000 for City furnished materials and supplies) as follows: $151,986 from A/C #11073106738300 (CI 5569, Electric Vehicles Charging Stations Grant Brimhall Library) and $113,989 from A/C #1107410673 8300 (CI 5569, Electric Vehicles Charging Stations Newbury Park Library).
6. Delegate authority to the City Engineer to approve changes to the design, specifications, and working details of the project on work directives and change orders up to the project approved contingency amount.
D. Hill Canyon Treatment Plant Unit W Wastewater Interceptor Capital Project (CI 5445) RECOMMENDATION:
Authorize staff to advertise for construction bids for the Hill Canyon Treatment Plant Unit W Wastewater Interceptor Capital Improvement Program (CI 5445).
CEQA: A Mitigated Negative Declaration was approved for this project by City Council on February 22, 2022.
E. Authorization to Purchase Water Truck
RECOMMENDATION:
1. Authorize staff to waive City’s normal equipment purchasing process found in Thousand Oaks Municipal Code (TOMC) Sec. 310.201, for the purchase of a new or used water truck.
2. Authorize staff to open a purchase order in an amount nottoexceed $175,000.
3. Approve additional budget appropriation and expenditure in the amount of $175,000 from A/C #00100003111000 (General Fund, Fund Balance) to A/C #00156306328400 (General Fund, Street Trees/Landscaping Equipment over $5,000).
4. Find that this action is not a project as defined under the California Environmental Quality Act.
F. Land Management System Project Management
RECOMMENDATION:
1. Authorize City Manager to execute amendment of professional services agreement with Park Consulting Group (Irvine, CA) (Contract No. 127292021) for the City’s Land Management System (LMS) implementation, subject to the approval of City Attorney once all terms have been negotiated, for a total contract amendment amount of $150,000 and a total contract nottoexceed amount of $440,000.
2. Authorize budget appropriation and expenditure in the amount nottoexceed $150,000 from A/C #00100003111000 (General Fund, Fund Balance) to A/C #001 40106415420 (General Fund, Consulting Services) for project management through December 31, 2023.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
G. First Amendment to Municipal Service Center Mechanical Equipment Services Agreement
RECOMMENDATION:
1. Approve first amendment to Contract No. 130002022 with Mesa Energy Systems, Inc., DBA Emcor Services Mesa Energy of Irvine, CA (Mesa), to add $75,000 with a new total nottoexceed amount of $150,000 over the lifetime of the contract.
2. Authorize additional expenditure in the amount of $75,000 from various General Fund accounts (Contracted Services (Private) / HVAC Maintenance) as available.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
8. PUBLIC HEARINGS:
A. Proposed Zone Change (202270828Z)
ORDINANCE AMENDING THOUSAND OAKS MUNICIPAL CODE RELATING TO OFFICIAL ZONING MAP BY CHANGING ZONING CLASSIFICATION OF PROPERTY LOCATED AT 3020 CRESCENT WAY; (ZONE CHANGE 202270828 Z)
1ST READING
RECOMMENDATION:
1. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).
2. Read ordinance in title only, further reading be waived, and if no objection, introduce ordinance to amend the Thousand Oaks Municipal Code relating to the Official Zoning Map by changing the zoning classification of the property located at 3020 Crescent Way from PL (Public, QuasiPublic, and Institutional Lands and Facilities) to RPD12U (Residential Planned Development).
RES. NO. 2023044
B. Municipal Code Amendment to Allow Columbarium Use in Residential Zones (2020 70180MCA)
ORDINANCE AMENDING THOUSAND OAKS MUNICIPAL CODE ARTICLE 21 TO TITLE 9, CHAPTER 4 TO ALLOW COLUMBARIUM USE ANCILLARY TO A PERMITTED RELIGIOUS FACILITY IN RESIDENTIAL ZONES AND ESTABLISH NEW DEVELOPMENT AND ZONING STANDARDS RELATED TO COLUMBARIUM USE IN RESIDENTIAL ZONES (202070180MCA)
1ST READING
RECOMMENDATION:
1. Find that this Thousand Oaks Municipal Code Amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to California Government Code Section 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 Municipal Code (TOMC) Title 9, Chapter 4, Article 2 (Definitions) to add “Columbarium,” and to Article 21 (Permitted Use Matrix – Residential Zones) to allow a columbarium as an ancillary use to a permitted religious facility, subject to conditions and approval of a Special Use Permit.
RES. NO. 2023045
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS:
A. Temporary Outdoor Dining Areas Extension and Outdoor Dining Standards Municipal Code Amendment
RESOLUTION DECLARING INTENTION TO CONSIDER AMENDMENT TO THOUSAND OAKS MUNICIPAL CODE TO REVISE CODE SECTION 94.2523 FOR REVISIONS TO DESIGN AND DEVELOPMENT STANDARDS PERTAINING TO RESTAURANT OUTDOOR CUSTOMER DINING AREAS (MCA 202270001) 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. Adopt resolution initiating Municipal Code Amendment (MCA) 202270001 and authorizing retention of permitted temporary outdoor dining areas for the period the MCA is being processed.
11. COMMITTEE/COMISSION/BOARD REPORTS:
A. Planning Commission and Traffic and Transportation Advisory Commission Appointments (Engler)
RECOMMENDATION:
1. Approve reappointment to the Planning Commission of Sharon McMahon to serve a term ending December 2026.
2. Approve appointment to the Traffic and Transportation Advisory Commission of Brendan Callahan to serve a term ending December 2026.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
B. Planning Commission and Traffic and Transportation Advisory Commission Appointments (Newman)
RECOMMENDATION:
Report to be provided
C. Planning Commission and Traffic and Transportation Advisory Commission Appointments (Taylor)
RECOMMENDATION:
Report to be provided
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: None
16. PUBLIC NOTICES: None
17. ADJOURNMENT: Adjourn to Regular Meeting February 14, 2023.
Agenda Post Date/Time: May 11, 2023, 5:00P.M.
CCD:61040\h:\common\agenda\2023\012423.docx
City Council
REGULAR MEETING
Tuesday, January 24, 2023, 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) 4492151 within 48 hours of the meeting.
Kevin McNamee, Mayor
Al Adam, Mayor Pro Tem
Bob Engler, Councilmember
David Newman, Councilmember
Mikey Taylor, 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, 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 rebroadcast 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) 4492151. 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) 4492151 or by email at [email protected] . Notification 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) 4492151 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 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.
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:
A. One City One Book Program 2023
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. 2011066/067)
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify January 11, 2023, and January 18, 2023; approve January 25, 2023, February 1, 2023, and February 8, 2023, subject to review and ratification B. Minutes of City Council meeting of January 10, 2023
RECOMMENDATION:
Approve
C. Electric Vehicle Charging Stations at Grant Brimhall and Newbury Park Libraries (CI 5569)
RECOMMENDATION:
1. Approve the project design and specifications, including Addenda Nos. 1 & 2 for construction of the Electric Vehicle Charging Stations (CI 5569) at Grant Brimhall and Newbury Park Libraries.
2. Award construction contract for Electric Vehicles Charging Stations (CI 5569) to Preferred Power Solutions, Inc. (Bakersfield, CA), in the amount of $237,250, plus a contingency of $23,725.
3. Find that this action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR Section 15301 and 15311.
4. Approve Budget Appropriation in the amount of $38,286 from A/C #1100000311 1000 (Library Fund, Fund Balance) to A/C #11073106738300 (CI 5569, Improvements Other than Buildings Grant Brimhall Library) and $28,714 from A/C #11000003111000 (Library Fund, Fund Balance) to A/C #11074106738300 (CI 5569, Improvements Other than Buildings Newbury Park Library).
5. Authorize expenditure in the amount of $265,975 ($237,250 construction contract; contingency of $23,725; and $5,000 for City furnished materials and supplies) as follows: $151,986 from A/C #11073106738300 (CI 5569, Electric Vehicles Charging Stations Grant Brimhall Library) and $113,989 from A/C #1107410673 8300 (CI 5569, Electric Vehicles Charging Stations Newbury Park Library).
6. Delegate authority to the City Engineer to approve changes to the design, specifications, and working details of the project on work directives and change orders up to the project approved contingency amount.
D. Hill Canyon Treatment Plant Unit W Wastewater Interceptor Capital Project (CI 5445) RECOMMENDATION:
Authorize staff to advertise for construction bids for the Hill Canyon Treatment Plant Unit W Wastewater Interceptor Capital Improvement Program (CI 5445).
CEQA: A Mitigated Negative Declaration was approved for this project by City Council on February 22, 2022.
E. Authorization to Purchase Water Truck
RECOMMENDATION:
1. Authorize staff to waive City’s normal equipment purchasing process found in Thousand Oaks Municipal Code (TOMC) Sec. 310.201, for the purchase of a new or used water truck.
2. Authorize staff to open a purchase order in an amount nottoexceed $175,000.
3. Approve additional budget appropriation and expenditure in the amount of $175,000 from A/C #00100003111000 (General Fund, Fund Balance) to A/C #00156306328400 (General Fund, Street Trees/Landscaping Equipment over $5,000).
4. Find that this action is not a project as defined under the California Environmental Quality Act.
F. Land Management System Project Management
RECOMMENDATION:
1. Authorize City Manager to execute amendment of professional services agreement with Park Consulting Group (Irvine, CA) (Contract No. 127292021) for the City’s Land Management System (LMS) implementation, subject to the approval of City Attorney once all terms have been negotiated, for a total contract amendment amount of $150,000 and a total contract nottoexceed amount of $440,000.
2. Authorize budget appropriation and expenditure in the amount nottoexceed $150,000 from A/C #00100003111000 (General Fund, Fund Balance) to A/C #001 40106415420 (General Fund, Consulting Services) for project management through December 31, 2023.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
G. First Amendment to Municipal Service Center Mechanical Equipment Services Agreement
RECOMMENDATION:
1. Approve first amendment to Contract No. 130002022 with Mesa Energy Systems, Inc., DBA Emcor Services Mesa Energy of Irvine, CA (Mesa), to add $75,000 with a new total nottoexceed amount of $150,000 over the lifetime of the contract.
2. Authorize additional expenditure in the amount of $75,000 from various General Fund accounts (Contracted Services (Private) / HVAC Maintenance) as available.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
8. PUBLIC HEARINGS:
A. Proposed Zone Change (202270828Z)
ORDINANCE AMENDING THOUSAND OAKS MUNICIPAL CODE RELATING TO OFFICIAL ZONING MAP BY CHANGING ZONING CLASSIFICATION OF PROPERTY LOCATED AT 3020 CRESCENT WAY; (ZONE CHANGE 202270828 Z)
1ST READING
RECOMMENDATION:
1. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).
2. Read ordinance in title only, further reading be waived, and if no objection, introduce ordinance to amend the Thousand Oaks Municipal Code relating to the Official Zoning Map by changing the zoning classification of the property located at 3020 Crescent Way from PL (Public, QuasiPublic, and Institutional Lands and Facilities) to RPD12U (Residential Planned Development).
RES. NO. 2023044
B. Municipal Code Amendment to Allow Columbarium Use in Residential Zones (2020 70180MCA)
ORDINANCE AMENDING THOUSAND OAKS MUNICIPAL CODE ARTICLE 21 TO TITLE 9, CHAPTER 4 TO ALLOW COLUMBARIUM USE ANCILLARY TO A PERMITTED RELIGIOUS FACILITY IN RESIDENTIAL ZONES AND ESTABLISH NEW DEVELOPMENT AND ZONING STANDARDS RELATED TO COLUMBARIUM USE IN RESIDENTIAL ZONES (202070180MCA)
1ST READING
RECOMMENDATION:
1. Find that this Thousand Oaks Municipal Code Amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to California Government Code Section 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 Municipal Code (TOMC) Title 9, Chapter 4, Article 2 (Definitions) to add “Columbarium,” and to Article 21 (Permitted Use Matrix – Residential Zones) to allow a columbarium as an ancillary use to a permitted religious facility, subject to conditions and approval of a Special Use Permit.
RES. NO. 2023045
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS:
A. Temporary Outdoor Dining Areas Extension and Outdoor Dining Standards Municipal Code Amendment
RESOLUTION DECLARING INTENTION TO CONSIDER AMENDMENT TO THOUSAND OAKS MUNICIPAL CODE TO REVISE CODE SECTION 94.2523 FOR REVISIONS TO DESIGN AND DEVELOPMENT STANDARDS PERTAINING TO RESTAURANT OUTDOOR CUSTOMER DINING AREAS (MCA 202270001) 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. Adopt resolution initiating Municipal Code Amendment (MCA) 202270001 and authorizing retention of permitted temporary outdoor dining areas for the period the MCA is being processed.
11. COMMITTEE/COMISSION/BOARD REPORTS:
A. Planning Commission and Traffic and Transportation Advisory Commission Appointments (Engler)
RECOMMENDATION:
1. Approve reappointment to the Planning Commission of Sharon McMahon to serve a term ending December 2026.
2. Approve appointment to the Traffic and Transportation Advisory Commission of Brendan Callahan to serve a term ending December 2026.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
B. Planning Commission and Traffic and Transportation Advisory Commission Appointments (Newman)
RECOMMENDATION:
Report to be provided
C. Planning Commission and Traffic and Transportation Advisory Commission Appointments (Taylor)
RECOMMENDATION:
Report to be provided
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: None
16. PUBLIC NOTICES: None
17. ADJOURNMENT: Adjourn to Regular Meeting February 14, 2023.
Agenda Post Date/Time: May 11, 2023, 5:00P.M.
CCD:61040\h:\common\agenda\2023\012423.docx
City Council
REGULAR MEETING
Tuesday, January 24, 2023, 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) 4492151 within 48 hours of the meeting.
Kevin McNamee, Mayor
Al Adam, Mayor Pro Tem
Bob Engler, Councilmember
David Newman, Councilmember
Mikey Taylor, 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, 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 rebroadcast 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) 4492151. 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) 4492151 or by email at [email protected] . Notification 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) 4492151 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 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.
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:
A. One City One Book Program 2023
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. 2011066/067)
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify January 11, 2023, and January 18, 2023; approve January 25, 2023, February 1, 2023, and February 8, 2023, subject to review and ratification B. Minutes of City Council meeting of January 10, 2023
RECOMMENDATION:
Approve
C. Electric Vehicle Charging Stations at Grant Brimhall and Newbury Park Libraries (CI 5569)
RECOMMENDATION:
1. Approve the project design and specifications, including Addenda Nos. 1 & 2 for construction of the Electric Vehicle Charging Stations (CI 5569) at Grant Brimhall and Newbury Park Libraries.
2. Award construction contract for Electric Vehicles Charging Stations (CI 5569) to Preferred Power Solutions, Inc. (Bakersfield, CA), in the amount of $237,250, plus a contingency of $23,725.
3. Find that this action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR Section 15301 and 15311.
4. Approve Budget Appropriation in the amount of $38,286 from A/C #1100000311 1000 (Library Fund, Fund Balance) to A/C #11073106738300 (CI 5569, Improvements Other than Buildings Grant Brimhall Library) and $28,714 from A/C #11000003111000 (Library Fund, Fund Balance) to A/C #11074106738300 (CI 5569, Improvements Other than Buildings Newbury Park Library).
5. Authorize expenditure in the amount of $265,975 ($237,250 construction contract; contingency of $23,725; and $5,000 for City furnished materials and supplies) as follows: $151,986 from A/C #11073106738300 (CI 5569, Electric Vehicles Charging Stations Grant Brimhall Library) and $113,989 from A/C #1107410673 8300 (CI 5569, Electric Vehicles Charging Stations Newbury Park Library).
6. Delegate authority to the City Engineer to approve changes to the design, specifications, and working details of the project on work directives and change orders up to the project approved contingency amount.
D. Hill Canyon Treatment Plant Unit W Wastewater Interceptor Capital Project (CI 5445) RECOMMENDATION:
Authorize staff to advertise for construction bids for the Hill Canyon Treatment Plant Unit W Wastewater Interceptor Capital Improvement Program (CI 5445).
CEQA: A Mitigated Negative Declaration was approved for this project by City Council on February 22, 2022.
E. Authorization to Purchase Water Truck
RECOMMENDATION:
1. Authorize staff to waive City’s normal equipment purchasing process found in Thousand Oaks Municipal Code (TOMC) Sec. 310.201, for the purchase of a new or used water truck.
2. Authorize staff to open a purchase order in an amount nottoexceed $175,000.
3. Approve additional budget appropriation and expenditure in the amount of $175,000 from A/C #00100003111000 (General Fund, Fund Balance) to A/C #00156306328400 (General Fund, Street Trees/Landscaping Equipment over $5,000).
4. Find that this action is not a project as defined under the California Environmental Quality Act.
F. Land Management System Project Management
RECOMMENDATION:
1. Authorize City Manager to execute amendment of professional services agreement with Park Consulting Group (Irvine, CA) (Contract No. 127292021) for the City’s Land Management System (LMS) implementation, subject to the approval of City Attorney once all terms have been negotiated, for a total contract amendment amount of $150,000 and a total contract nottoexceed amount of $440,000.
2. Authorize budget appropriation and expenditure in the amount nottoexceed $150,000 from A/C #00100003111000 (General Fund, Fund Balance) to A/C #001 40106415420 (General Fund, Consulting Services) for project management through December 31, 2023.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
G. First Amendment to Municipal Service Center Mechanical Equipment Services Agreement
RECOMMENDATION:
1. Approve first amendment to Contract No. 130002022 with Mesa Energy Systems, Inc., DBA Emcor Services Mesa Energy of Irvine, CA (Mesa), to add $75,000 with a new total nottoexceed amount of $150,000 over the lifetime of the contract.
2. Authorize additional expenditure in the amount of $75,000 from various General Fund accounts (Contracted Services (Private) / HVAC Maintenance) as available.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
8. PUBLIC HEARINGS:
A. Proposed Zone Change (202270828Z)
ORDINANCE AMENDING THOUSAND OAKS MUNICIPAL CODE RELATING TO OFFICIAL ZONING MAP BY CHANGING ZONING CLASSIFICATION OF PROPERTY LOCATED AT 3020 CRESCENT WAY; (ZONE CHANGE 202270828 Z)
1ST READING
RECOMMENDATION:
1. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).
2. Read ordinance in title only, further reading be waived, and if no objection, introduce ordinance to amend the Thousand Oaks Municipal Code relating to the Official Zoning Map by changing the zoning classification of the property located at 3020 Crescent Way from PL (Public, QuasiPublic, and Institutional Lands and Facilities) to RPD12U (Residential Planned Development).
RES. NO. 2023044
B. Municipal Code Amendment to Allow Columbarium Use in Residential Zones (2020 70180MCA)
ORDINANCE AMENDING THOUSAND OAKS MUNICIPAL CODE ARTICLE 21 TO TITLE 9, CHAPTER 4 TO ALLOW COLUMBARIUM USE ANCILLARY TO A PERMITTED RELIGIOUS FACILITY IN RESIDENTIAL ZONES AND ESTABLISH NEW DEVELOPMENT AND ZONING STANDARDS RELATED TO COLUMBARIUM USE IN RESIDENTIAL ZONES (202070180MCA)
1ST READING
RECOMMENDATION:
1. Find that this Thousand Oaks Municipal Code Amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to California Government Code Section 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 Municipal Code (TOMC) Title 9, Chapter 4, Article 2 (Definitions) to add “Columbarium,” and to Article 21 (Permitted Use Matrix – Residential Zones) to allow a columbarium as an ancillary use to a permitted religious facility, subject to conditions and approval of a Special Use Permit.
RES. NO. 2023045
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS:
A. Temporary Outdoor Dining Areas Extension and Outdoor Dining Standards Municipal Code Amendment
RESOLUTION DECLARING INTENTION TO CONSIDER AMENDMENT TO THOUSAND OAKS MUNICIPAL CODE TO REVISE CODE SECTION 94.2523 FOR REVISIONS TO DESIGN AND DEVELOPMENT STANDARDS PERTAINING TO RESTAURANT OUTDOOR CUSTOMER DINING AREAS (MCA 202270001) 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. Adopt resolution initiating Municipal Code Amendment (MCA) 202270001 and authorizing retention of permitted temporary outdoor dining areas for the period the MCA is being processed.
11. COMMITTEE/COMISSION/BOARD REPORTS:
A. Planning Commission and Traffic and Transportation Advisory Commission Appointments (Engler)
RECOMMENDATION:
1. Approve reappointment to the Planning Commission of Sharon McMahon to serve a term ending December 2026.
2. Approve appointment to the Traffic and Transportation Advisory Commission of Brendan Callahan to serve a term ending December 2026.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
B. Planning Commission and Traffic and Transportation Advisory Commission Appointments (Newman)
RECOMMENDATION:
Report to be provided
C. Planning Commission and Traffic and Transportation Advisory Commission Appointments (Taylor)
RECOMMENDATION:
Report to be provided
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: None
16. PUBLIC NOTICES: None
17. ADJOURNMENT: Adjourn to Regular Meeting February 14, 2023.
Agenda Post Date/Time: May 11, 2023, 5:00P.M.
CCD:61040\h:\common\agenda\2023\012423.docx
City Council
REGULAR MEETING
Tuesday, January 24, 2023, 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) 4492151 within 48 hours of the meeting.
Kevin McNamee, Mayor
Al Adam, Mayor Pro Tem
Bob Engler, Councilmember
David Newman, Councilmember
Mikey Taylor, 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, 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 rebroadcast 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) 4492151. 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) 4492151 or by email at [email protected] . Notification 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) 4492151 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 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.
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:
A. One City One Book Program 2023
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. 2011066/067)
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify January 11, 2023, and January 18, 2023; approve January 25, 2023, February 1, 2023, and February 8, 2023, subject to review and ratification B. Minutes of City Council meeting of January 10, 2023
RECOMMENDATION:
Approve
C. Electric Vehicle Charging Stations at Grant Brimhall and Newbury Park Libraries (CI 5569)
RECOMMENDATION:
1. Approve the project design and specifications, including Addenda Nos. 1 & 2 for construction of the Electric Vehicle Charging Stations (CI 5569) at Grant Brimhall and Newbury Park Libraries.
2. Award construction contract for Electric Vehicles Charging Stations (CI 5569) to Preferred Power Solutions, Inc. (Bakersfield, CA), in the amount of $237,250, plus a contingency of $23,725.
3. Find that this action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR Section 15301 and 15311.
4. Approve Budget Appropriation in the amount of $38,286 from A/C #1100000311 1000 (Library Fund, Fund Balance) to A/C #11073106738300 (CI 5569, Improvements Other than Buildings Grant Brimhall Library) and $28,714 from A/C #11000003111000 (Library Fund, Fund Balance) to A/C #11074106738300 (CI 5569, Improvements Other than Buildings Newbury Park Library).
5. Authorize expenditure in the amount of $265,975 ($237,250 construction contract; contingency of $23,725; and $5,000 for City furnished materials and supplies) as follows: $151,986 from A/C #11073106738300 (CI 5569, Electric Vehicles Charging Stations Grant Brimhall Library) and $113,989 from A/C #1107410673 8300 (CI 5569, Electric Vehicles Charging Stations Newbury Park Library).
6. Delegate authority to the City Engineer to approve changes to the design, specifications, and working details of the project on work directives and change orders up to the project approved contingency amount.
D. Hill Canyon Treatment Plant Unit W Wastewater Interceptor Capital Project (CI 5445) RECOMMENDATION:
Authorize staff to advertise for construction bids for the Hill Canyon Treatment Plant Unit W Wastewater Interceptor Capital Improvement Program (CI 5445).
CEQA: A Mitigated Negative Declaration was approved for this project by City Council on February 22, 2022.
E. Authorization to Purchase Water Truck
RECOMMENDATION:
1. Authorize staff to waive City’s normal equipment purchasing process found in Thousand Oaks Municipal Code (TOMC) Sec. 310.201, for the purchase of a new or used water truck.
2. Authorize staff to open a purchase order in an amount nottoexceed $175,000.
3. Approve additional budget appropriation and expenditure in the amount of $175,000 from A/C #00100003111000 (General Fund, Fund Balance) to A/C #00156306328400 (General Fund, Street Trees/Landscaping Equipment over $5,000).
4. Find that this action is not a project as defined under the California Environmental Quality Act.
F. Land Management System Project Management
RECOMMENDATION:
1. Authorize City Manager to execute amendment of professional services agreement with Park Consulting Group (Irvine, CA) (Contract No. 127292021) for the City’s Land Management System (LMS) implementation, subject to the approval of City Attorney once all terms have been negotiated, for a total contract amendment amount of $150,000 and a total contract nottoexceed amount of $440,000.
2. Authorize budget appropriation and expenditure in the amount nottoexceed $150,000 from A/C #00100003111000 (General Fund, Fund Balance) to A/C #001 40106415420 (General Fund, Consulting Services) for project management through December 31, 2023.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
G. First Amendment to Municipal Service Center Mechanical Equipment Services Agreement
RECOMMENDATION:
1. Approve first amendment to Contract No. 130002022 with Mesa Energy Systems, Inc., DBA Emcor Services Mesa Energy of Irvine, CA (Mesa), to add $75,000 with a new total nottoexceed amount of $150,000 over the lifetime of the contract.
2. Authorize additional expenditure in the amount of $75,000 from various General Fund accounts (Contracted Services (Private) / HVAC Maintenance) as available.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
8. PUBLIC HEARINGS:
A. Proposed Zone Change (202270828Z)
ORDINANCE AMENDING THOUSAND OAKS MUNICIPAL CODE RELATING TO OFFICIAL ZONING MAP BY CHANGING ZONING CLASSIFICATION OF PROPERTY LOCATED AT 3020 CRESCENT WAY; (ZONE CHANGE 202270828 Z)
1ST READING
RECOMMENDATION:
1. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).
2. Read ordinance in title only, further reading be waived, and if no objection, introduce ordinance to amend the Thousand Oaks Municipal Code relating to the Official Zoning Map by changing the zoning classification of the property located at 3020 Crescent Way from PL (Public, QuasiPublic, and Institutional Lands and Facilities) to RPD12U (Residential Planned Development).
RES. NO. 2023044
B. Municipal Code Amendment to Allow Columbarium Use in Residential Zones (2020 70180MCA)
ORDINANCE AMENDING THOUSAND OAKS MUNICIPAL CODE ARTICLE 21 TO TITLE 9, CHAPTER 4 TO ALLOW COLUMBARIUM USE ANCILLARY TO A PERMITTED RELIGIOUS FACILITY IN RESIDENTIAL ZONES AND ESTABLISH NEW DEVELOPMENT AND ZONING STANDARDS RELATED TO COLUMBARIUM USE IN RESIDENTIAL ZONES (202070180MCA)
1ST READING
RECOMMENDATION:
1. Find that this Thousand Oaks Municipal Code Amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to California Government Code Section 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 Municipal Code (TOMC) Title 9, Chapter 4, Article 2 (Definitions) to add “Columbarium,” and to Article 21 (Permitted Use Matrix – Residential Zones) to allow a columbarium as an ancillary use to a permitted religious facility, subject to conditions and approval of a Special Use Permit.
RES. NO. 2023045
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS:
A. Temporary Outdoor Dining Areas Extension and Outdoor Dining Standards Municipal Code Amendment
RESOLUTION DECLARING INTENTION TO CONSIDER AMENDMENT TO THOUSAND OAKS MUNICIPAL CODE TO REVISE CODE SECTION 94.2523 FOR REVISIONS TO DESIGN AND DEVELOPMENT STANDARDS PERTAINING TO RESTAURANT OUTDOOR CUSTOMER DINING AREAS (MCA 202270001) 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. Adopt resolution initiating Municipal Code Amendment (MCA) 202270001 and authorizing retention of permitted temporary outdoor dining areas for the period the MCA is being processed.
11. COMMITTEE/COMISSION/BOARD REPORTS:
A. Planning Commission and Traffic and Transportation Advisory Commission Appointments (Engler)
RECOMMENDATION:
1. Approve reappointment to the Planning Commission of Sharon McMahon to serve a term ending December 2026.
2. Approve appointment to the Traffic and Transportation Advisory Commission of Brendan Callahan to serve a term ending December 2026.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
B. Planning Commission and Traffic and Transportation Advisory Commission Appointments (Newman)
RECOMMENDATION:
Report to be provided
C. Planning Commission and Traffic and Transportation Advisory Commission Appointments (Taylor)
RECOMMENDATION:
Report to be provided
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: None
16. PUBLIC NOTICES: None
17. ADJOURNMENT: Adjourn to Regular Meeting February 14, 2023.
Agenda Post Date/Time: May 11, 2023, 5:00P.M.
CCD:61040\h:\common\agenda\2023\012423.docx
City Council
REGULAR MEETING
Tuesday, January 24, 2023, 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) 4492151 within 48 hours of the meeting.
Kevin McNamee, Mayor
Al Adam, Mayor Pro Tem
Bob Engler, Councilmember
David Newman, Councilmember
Mikey Taylor, 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, 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 rebroadcast 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) 4492151. 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) 4492151 or by email at [email protected] . Notification 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) 4492151 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 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.
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:
A. One City One Book Program 2023
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. 2011066/067)
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify January 11, 2023, and January 18, 2023; approve January 25, 2023, February 1, 2023, and February 8, 2023, subject to review and ratification B. Minutes of City Council meeting of January 10, 2023
RECOMMENDATION:
Approve
C. Electric Vehicle Charging Stations at Grant Brimhall and Newbury Park Libraries (CI 5569)
RECOMMENDATION:
1. Approve the project design and specifications, including Addenda Nos. 1 & 2 for construction of the Electric Vehicle Charging Stations (CI 5569) at Grant Brimhall and Newbury Park Libraries.
2. Award construction contract for Electric Vehicles Charging Stations (CI 5569) to Preferred Power Solutions, Inc. (Bakersfield, CA), in the amount of $237,250, plus a contingency of $23,725.
3. Find that this action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR Section 15301 and 15311.
4. Approve Budget Appropriation in the amount of $38,286 from A/C #1100000311 1000 (Library Fund, Fund Balance) to A/C #11073106738300 (CI 5569, Improvements Other than Buildings Grant Brimhall Library) and $28,714 from A/C #11000003111000 (Library Fund, Fund Balance) to A/C #11074106738300 (CI 5569, Improvements Other than Buildings Newbury Park Library).
5. Authorize expenditure in the amount of $265,975 ($237,250 construction contract; contingency of $23,725; and $5,000 for City furnished materials and supplies) as follows: $151,986 from A/C #11073106738300 (CI 5569, Electric Vehicles Charging Stations Grant Brimhall Library) and $113,989 from A/C #1107410673 8300 (CI 5569, Electric Vehicles Charging Stations Newbury Park Library).
6. Delegate authority to the City Engineer to approve changes to the design, specifications, and working details of the project on work directives and change orders up to the project approved contingency amount.
D. Hill Canyon Treatment Plant Unit W Wastewater Interceptor Capital Project (CI 5445) RECOMMENDATION:
Authorize staff to advertise for construction bids for the Hill Canyon Treatment Plant Unit W Wastewater Interceptor Capital Improvement Program (CI 5445).
CEQA: A Mitigated Negative Declaration was approved for this project by City Council on February 22, 2022.
E. Authorization to Purchase Water Truck
RECOMMENDATION:
1. Authorize staff to waive City’s normal equipment purchasing process found in Thousand Oaks Municipal Code (TOMC) Sec. 310.201, for the purchase of a new or used water truck.
2. Authorize staff to open a purchase order in an amount nottoexceed $175,000.
3. Approve additional budget appropriation and expenditure in the amount of $175,000 from A/C #00100003111000 (General Fund, Fund Balance) to A/C #00156306328400 (General Fund, Street Trees/Landscaping Equipment over $5,000).
4. Find that this action is not a project as defined under the California Environmental Quality Act.
F. Land Management System Project Management
RECOMMENDATION:
1. Authorize City Manager to execute amendment of professional services agreement with Park Consulting Group (Irvine, CA) (Contract No. 127292021) for the City’s Land Management System (LMS) implementation, subject to the approval of City Attorney once all terms have been negotiated, for a total contract amendment amount of $150,000 and a total contract nottoexceed amount of $440,000.
2. Authorize budget appropriation and expenditure in the amount nottoexceed $150,000 from A/C #00100003111000 (General Fund, Fund Balance) to A/C #001 40106415420 (General Fund, Consulting Services) for project management through December 31, 2023.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
G. First Amendment to Municipal Service Center Mechanical Equipment Services Agreement
RECOMMENDATION:
1. Approve first amendment to Contract No. 130002022 with Mesa Energy Systems, Inc., DBA Emcor Services Mesa Energy of Irvine, CA (Mesa), to add $75,000 with a new total nottoexceed amount of $150,000 over the lifetime of the contract.
2. Authorize additional expenditure in the amount of $75,000 from various General Fund accounts (Contracted Services (Private) / HVAC Maintenance) as available.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
8. PUBLIC HEARINGS:
A. Proposed Zone Change (202270828Z)
ORDINANCE AMENDING THOUSAND OAKS MUNICIPAL CODE RELATING TO OFFICIAL ZONING MAP BY CHANGING ZONING CLASSIFICATION OF PROPERTY LOCATED AT 3020 CRESCENT WAY; (ZONE CHANGE 202270828 Z)
1ST READING
RECOMMENDATION:
1. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).
2. Read ordinance in title only, further reading be waived, and if no objection, introduce ordinance to amend the Thousand Oaks Municipal Code relating to the Official Zoning Map by changing the zoning classification of the property located at 3020 Crescent Way from PL (Public, QuasiPublic, and Institutional Lands and Facilities) to RPD12U (Residential Planned Development).
RES. NO. 2023044
B. Municipal Code Amendment to Allow Columbarium Use in Residential Zones (2020 70180MCA)
ORDINANCE AMENDING THOUSAND OAKS MUNICIPAL CODE ARTICLE 21 TO TITLE 9, CHAPTER 4 TO ALLOW COLUMBARIUM USE ANCILLARY TO A PERMITTED RELIGIOUS FACILITY IN RESIDENTIAL ZONES AND ESTABLISH NEW DEVELOPMENT AND ZONING STANDARDS RELATED TO COLUMBARIUM USE IN RESIDENTIAL ZONES (202070180MCA)
1ST READING
RECOMMENDATION:
1. Find that this Thousand Oaks Municipal Code Amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to California Government Code Section 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 Municipal Code (TOMC) Title 9, Chapter 4, Article 2 (Definitions) to add “Columbarium,” and to Article 21 (Permitted Use Matrix – Residential Zones) to allow a columbarium as an ancillary use to a permitted religious facility, subject to conditions and approval of a Special Use Permit.
RES. NO. 2023045
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS:
A. Temporary Outdoor Dining Areas Extension and Outdoor Dining Standards Municipal Code Amendment
RESOLUTION DECLARING INTENTION TO CONSIDER AMENDMENT TO THOUSAND OAKS MUNICIPAL CODE TO REVISE CODE SECTION 94.2523 FOR REVISIONS TO DESIGN AND DEVELOPMENT STANDARDS PERTAINING TO RESTAURANT OUTDOOR CUSTOMER DINING AREAS (MCA 202270001) 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. Adopt resolution initiating Municipal Code Amendment (MCA) 202270001 and authorizing retention of permitted temporary outdoor dining areas for the period the MCA is being processed.
11. COMMITTEE/COMISSION/BOARD REPORTS:
A. Planning Commission and Traffic and Transportation Advisory Commission Appointments (Engler)
RECOMMENDATION:
1. Approve reappointment to the Planning Commission of Sharon McMahon to serve a term ending December 2026.
2. Approve appointment to the Traffic and Transportation Advisory Commission of Brendan Callahan to serve a term ending December 2026.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
B. Planning Commission and Traffic and Transportation Advisory Commission Appointments (Newman)
RECOMMENDATION:
Report to be provided
C. Planning Commission and Traffic and Transportation Advisory Commission Appointments (Taylor)
RECOMMENDATION:
Report to be provided
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: None
16. PUBLIC NOTICES: None
17. ADJOURNMENT: Adjourn to Regular Meeting February 14, 2023.
Agenda Post Date/Time: May 11, 2023, 5:00P.M.
CCD:61040\h:\common\agenda\2023\012423.docx
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California January 10, 2023
1. CALL TO ORDER: Mayor Kevin McNamee called the meeting to order at 6:01 p.m. in Council Chambers, 2100 Thousand Oaks Boulevard, Thousand Oaks, California.
2. PLEDGE OF ALLEGIANCE: Mayor McNamee led the pledge of allegiance.
3. ROLL CALL:
Present: Councilmembers Engler, Newman, Taylor, Adam, and Mayor McNamee present in chambers.
Also present: City Manager Andrew P. Powers, City Attorney Tracy M. Noonan, Assistant City Manager Ingrid Hardy, City Clerk Laur a B. Maguire, Finance Director Jaime Boscarino, Public Works Director Cliff Finley, Cultural Affairs Director Jonathan Serret, Human Resources Director Tim Giles, Libr ary Services Director Jennifer Patterson, Strategic Communications/Public Affairs Director Alexandra South, Police Chief Jeremy Paris, Fire Chief Jeff Shea, Chief Assistant Cit y Attorney Patrick Hehi r, Planning Division Manager Stephen Kearns, Interim Planning Divis ion Manager Iain Holt, Deputy Public Works Director Nader Heydari, Development Analyst Dusty Ru ssell, Assistant to the City Manager Melissa Hurtado, Acting Deputy Cit y Clerk Sandra Delgado, Information Technology Supervisor Atanas Beltchev, Cable Operations Supervisor Carl Jarecky, Senior Video Specialist Richard Swingler, Senior Video Specialist Ryan Palmer, and Senior Recording Secretary Dominga Zambrano.
4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM: None.
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. Business Recognition Program Recipient
Mayor McNamee introduced Economic Development Analyst Russell to announce Business Recognition Program award recipient Tarantula Hill Brewing Company.
B. American Public Works Association Re-Accreditation
Mayor McNamee introduced American Public Works Association (APWA) Region 8 Director Joubin Pakpour to present plaque to Public Works Director Finley acknowledging Public Works Department for achieving APWA Re-accreditation.
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 2 Januar y 10, 2023
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: Adam Haverstock, Greater Conejo Valley Chamber of Commerce; R. Scott Horn, Newbury Park; Gary Hartung, Thousand Oaks.
Written Statements: None.
City Manager Powers addressed public comments.
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands
RECOMMENDATION:
Ratify December 7, 2022, December 14, 2022, December 21, 2022, December 28, 2022, and January 4, 2023; approve January 11, 2023, and January 18, 2022, subject to review and ratification
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
B. Minutes of City Council meetings of December 6, 2022, and December 13, 2022
RECOMMENDATION:
Approve
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 3 Januar y 10, 2023
7. CONSENT CALENDAR: (Continued)
C. Printing, Inserting, and Mailing Services
RECOMMENDATION:
1. Approve Agreement with InfoSend, In c. of Long Beach, CA, for Printing, Inserting, and Mailing services, effective January 10, 2023, for a period of three years with the option for tw o (2), one-year extensi ons by amendment beginning April 1, 2023 following the completion of the development phase. The agreement not-to-exceed amount for cost of services including mailing materials and postage is $1,175,000, plus $150,000 for extra services to accommodate additional mass mailings as needed.
2. Authorize expenditure in the total am ount of $20,900 as follows: $4,900 from A/C #001-3320-612-3113 (Supplie s and Equipment, Stationary/Envelopes) and $16,000 from A/C #001- 3320-612-3700 (Management and Support, Postage/Shipping).
3. Find that this action is not a project as def ined under the California Environmental Quality Act.
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
D. Woolsey Fire Landscape Restoration – La Granada Reservoir Site (MI 2593)
RECOMMENDATION:
1. Authorize staff to advertise landscape restoration at La Granada Reservoir Site (MI 2593) for construction bids.
2. Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 4 Januar y 10, 2023
7. CONSENT CALENDAR: (Continued)
E. Development Impact Fees: Annual Review of Accounts as of June 30, 2022
RECOMMENDATION:
1. Receive and file report.
2. Find that this action is not a project as defined under section 15378(b)(5) of the California Environmental Quality Act Guidelines.
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
F. Annual Appointment of City Treasurer and Adoption of Investment Policy
RESOLUTION RECONFIRMING JAIM E BOSCARINO AS CITY TREASURER UNTIL JANUARY 31, 2024 AND UPDATING CITY’S INVESTMENT POLICY RES. NO. 2023-001
RECOMMENDATION:
1. Adopt resolution reconfirming Jaime Boscarino as City Treasurer until January 31, 2024 and updating City’s Investment Policy.
2. Find that this action is not a pr oject as defined under the California Environmental Quality Act.
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 5 Januar y 10, 2023
7. CONSENT CALENDAR: (Continued)
G. Thousand Oaks Plan to Assist School Sites Annual Project List
RECOMMENDATION:
1. Approve Thousand Oaks Plan to Assist School Sites (TOPASS) Annual Project List for Fiscal Year 2022-23 totaling $727,683 submitted by Conejo Valley Unified School District (CVUSD).
2. Find that this action is not a project as defined under section 15378(b)(5) of the California Environmental Quality Act Guidelines.
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
H. Westlake Boulevard (CI 5590) and Erbes Road (CI 5655) Flood Mitigation Projects
RECOMMENDATION:
1. Approve Professional Services Agr eement with NextGen Engineering, Inc. (Tucson, AZ) in the amount not-to-exce ed $170,616, plus extra services of $17,100 for engineering and design of the We stlake Boulevard Flood Mitigation Project (CI 5590), with a term ending June 30, 2024.
2. Approve Professional Services Agr eement with NextGen Engineering, Inc. (Tucson, AZ) in an amount not-to-exceed $138,240, plus extra services of $13,800 for engineering and design of the Erbes Road Flood Mitigation Project (CI 5655), with a term ending June 30, 2024.
3. Authorize acceptance of Hazard Mitigation Grant Program (HMGP) grant from Federal Emergency Management Administration, in the amount of $1,170,000 for the design and construction phases of t he Westlake Boulevard Flood Mitigation Project (CI 5590).
4. Authorize acceptance of Hazard Miti gation Grant Program grant from Federal Emergency Management Administration, in the amount of $647,250, for the design and construction phases of the Er bes Road Flood Mitigation Project (CI 5655).
5. Authorize expenditure in the amount of $192,716 ($170,616 Agreement, plus extra services of $17,100, and $5,000 City Furnished Materials and Supplies) as follows: $127,962 from A/ C #183-5210-631-8300 (CI 5590, Westlake Boulevard Flood Mitigation) and $64,754 from A/C #001-5210-631-8300 (CI 5590, Westlake Boulevard Flood Mitigation).
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 6 Januar y 10, 2023
7. CONSENT CALENDAR: (Continued)
H. Westlake Boulevard (CI 5590) and Erbes Road (CI 5655) Flood Mitigation Projects (Continued)
RECOMMENDATION: (Continued)
6. Authorize expenditure in the amount of $157,100 ($138,240 Agreement, plus extra services of $13,860, and $5,000 City Furnished Materials and Supplies) as follows: $103,680 from A/C #183-5310-631 -8300 (CI 5655, Erbes Road Flood Mitigation) and $53,420 from A/C #001- 5310-631-8300 (CI 5655, Erbes Road Flood Mitigation).
7. Find that this action is not a pr oject as defined under the California Environmental Quality Act.
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
I. Financial Reports for Fiscal Year Ended June 30, 2022
RECOMMENDATION:
1. Receive and file financial reports.
2. Find that this action is not a project as defined under section 15378(b)(5) of the California Environmental Quality Act Guidelines.
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 7 Januar y 10, 2023
7. CONSENT CALENDAR: (Continued)
J. Lease Agreement between City and County of Ventura
RECOMMENDATION:
1. Approve Civic Arts Plaza Suite E Lease Agreement with County of Ventura for the term of February 1, 2023 through December 31, 2026.
2. Approve budget appropriation and authorize revenue increase in the amount of $14,150 in FY 2022-23 to A/C #0 01-0000-471-9900 (Rental of City Facilities/Rental Revenues).
3. Find that this action is not a pr oject as defined under the California Environmental Quality Act.
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
K. ORDINANCE FOR SECOND READING
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 CO DE RESTRICTING USE AND
DISTRIBUTION OF SINGLE-USE FOODWARE ACCESSORIES AND
STANDARD CONDIMENTS (Introduced 12/6/22; 5-0)
ORD. NO. 1708-NS
RECOMMENDATION:
Adopt
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
8. PUBLIC HEARINGS: None.
9. STUDY SESSIONS: None.
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 8 Januar y 10, 2023
10. DEPARTMENT REPORTS:
A. Community Development Department Update
RECOMMENDATION:
Receive verbal report.
Presented by Human Resources Directo r Giles, Planning Division Manager Kearns, Interim Planning Division Manager Holt, Chief Assistant City Attorney Hehir, and City Manager Powers. City Attorney Noonan responded to questions.
Speaker/Written Statement: None.
Motion by Councilmember Engler to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
11. COMMITTEE/COMISSION/BOARD REPORTS: None.
12. CITY COUNCIL AS SUCCESSO R AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None.
13. COUNCIL ISSUES/RECOMMENDATIONS:
A. Proposed 2023 City Councilmember Committee Assignments
RECOMMENDATION:
Approve proposed 2023 City Councilmember Committee Assignments and find that this action is not a project as defined under the California Environmental Quality Act.
Presented by Mayor McNamee. City Manager Powers responded to questions.
Speaker/Written Statement: None.
Motion by Councilmember Engler to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 9 Januar y 10, 2023
14. CITY MANAGER:
A. Announcements and upcoming issues
City Manager Powers provided an update on the January 24, 2023, City Council meeting.
15. CLOSED SESSION: None.
16. PUBLIC NOTICES: None.
17. ADJOURNMENT: City Council adjourned at 7:50 p.m. to Regular Meet ing on January 24, 2023.
____________________________
Kevin McNamee, Mayor
City of Thousand Oaks City Council
Attest:
____________________________
Laura B. Maguire, City Clerk
City of Thousand Oaks City Council
AGENDA POSTED: January 5, 2023
MINUTES APPROVED:
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.
Item No.7B
TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:January 24, 2023
SUBJECT: Electric Vehicle Charging Stations at Grant Brimhall and Newbury Park Libraries (CI 5569)
RECOMMENDATION:
1. Approve the project design and specifications, including Addenda Nos. 1 & 2 for construction of the Electric Vehicle Charging Stations (CI 5569) at Grant Brimhall and Newbury Park Libraries.
2. Award construction contract for Electric Vehicles Charging Stations (CI 5569) to Preferred Power Solutions, Inc. (Bakersfield, CA), in the amount of $237,250, plus a contingency of $23,725.
3. Find that this action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR Section 15301 and 15311.
4. Approve Budget Appropriation in the amount of $38,286 from A/C #110-0000- 311-1000 (Library Fund, Fund Balance) to A/C #110-7310-673-8300 (CI 5569, Improvements Other than Buildings Grant Brimhall Library) and $28,714 from A/C #110-0000-311-1000 (Library Fund, Fund Balance) to A/C #110-7410-673-8300 (CI 5569, Improvements Other than Buildings Newbury Park Library).
5. Authorize expenditure in the amount of $265,975 ($237,250 construction contract; contingency of $23,725; and $5,000 for City furnished materials and supplies) as follows: $151,986 from A/C #110-7310-673-8300 (CI 5569, Electric Vehicles Charging Stations Grant Brimhall Library) and $113,989 from A/C #110- 7410-673-8300 (CI 5569, Electric Vehicles Charging Stations Newbury Park Library).
6. Delegate authority to the City Engineer to approve changes to the design, specifications, and working details of the project on work directives and change orders up to the project approved contingency amount.
Item No.7C
EV Charging Stations (CI 5569)
January 24, 2023
4 8
8 FINANCIAL IMPACT:
$67,000 Increase to FY 2022-23 Library Fund Budget. $67,000 increase to FY 2022-23 Library Fund Budget is requested. $289,000 is included in the Adopted FY 2021-23 Library Fund Budget. Total project cost is estimated at $355,975.
Southern California Edison (SCE) grants will offset City expenditures by $98,999 for a total City cost of $256,976.
BACKGROUND:
Over 2.5 million electric vehicles (EVs) have been sold in the U.S., half of them in California. The State has set a goal of increasing the number of zero emission vehicles (ZEV) in California to five million by 2030. Currently, electric vehicles and plug-in hybrid vehicles amount to approximately 16 percent of new vehicle sales in California.
In June 2018, City Council adopted a Sustainability Plan for Municipal Operations which established the foundation for environmentally friendly, fiscally responsible, and sustainably minded City operations. One of the key strategies identified in that plan was the development of an EV Charger Plan.
In Fall 2020, the City participated in the development of the Ventura County EV Ready Blueprint and surveyed current and potential EV drivers to identify priority locations within the City to install EV chargers.
Based on this Blueprint, the City’s two libraries were identified as priority installations for adding EV chargers due to their locations and surrounding amenities (Attachment #1). On May 20, 2022, the City Manager approved Task Order No. 2 with AECOM Technical Services, Inc. for engineering design, preparation of contract documents, support services during bidding, and construction phases for installation of four EV Charging Stations at the Grant Brimhall Library and three at the Newbury Park Library. Staff will purchase and install the charging stations themselves, once the qualified vendor is selected, at a later date.
There will also be future EV Charging Stations installed at the Civic Arts Plaza and the Thousand Oaks Transportation Center upon SCE design approval and upgrade of electrical supply infrastructure at these two locations. Staff will seek City Council’s approval to award the construction contract for that work at a later date, anticipated to occur in 2024.
Item No.7C
EV Charging Stations (CI 5569)
January 24, 2023
4 8
8 DISCUSSION/ANALYSIS:
City Council authorized bidding of the project for the two libraries on August 30, 2022. The Notice Inviting Bids was published in the Acorn on November 11, 2022, and was posted on the City’s OpenGov procurement site, which sent invitations to all registered vendors and construction trade journals on the City’s purchasing vendor list. Seven bids were received and publicly opened on December 14, 2022, as follows:
Bidder Bid
1. Endelos Construction (Buellton, CA) $ 110,750
2. Preferred Power Solutions, Inc. (Bakersfield, CA) $ 237,250
3. Ardalan Construction Company, Inc. (Ventura, CA) $ 279,500
4. Smith Mechanical-Electrical-Plumbing (Santa Maria, CA) $ 309,115
5. Waisman Construction, Inc. (Bakersfield, CA) $ 354,000
6. NoHo Constructors (Studio City, CA) $ 359,000
7. Eco Energy Solutions (Simi Valley, CA) $ 466,151
Endelos Construction was the apparent lowest bidder; however, pursuant to the criteria set forth in the Public Contract Code (Sections 5101 and 5103), the City consented to the low bidder’s request to withdraw their bid due to their contract documents interpretation error. The City Engineer and City Attorney’s Office acknowledged the deficiency in Endelos Construction’s bid proposal. Preferred Power Solutions, Inc. provided the second lowest bid in the amount of $237,250, and was determined to be the responsive low bidder. The engineer’s estimate is $232,000. Preferred Power Solutions’ bid package has been found to be in order and the bid protest period has elapsed with no formal protests received. Staff recommends award of the construction contract to Preferred Power Solutions, Inc.
The estimated project costs for EV Chargers at Libraries are as follows:
Design, Bidding & Construction Support Cost (Encumbered) $ 38,000 Construction Contract (this action) $ 237,250
Construction Contingency (this action) $ 23,725
City Furnished Material and Supplies (this action) $ 5,000 EV Charger – City Purchase (future action) $ 52,000 Total Estimated Project Cost $ 355,975
Less SCE Grants Revenue $ 98,999
Net cost to the City for EV Chargers at both libraries $ 256,976 Item No.7C
EV Charging Stations (CI 5569)
January 24, 2023
4 8
8 On August 30, 2022, City Council authorized acceptance of SCE grants in the amount of $98,999 for the Grant Brimhall and the Newbury Park Libraries’ EV charging stations. This will partially offset the overall project costs and will result in a net cost to the City for these two locations of $256,976.
Construction is anticipated to start in February 2023 and be completed by Fall 2023. The project design, specifications, and Addenda Nos. 1 & 2 are available for review upon request by request to the Public Works Department by e-mail at [email protected] or by phone at (805) 449-2400.
The installation of EV Chargers is categorically exempt from CEQA pursuant to 14 CCR Section 15301 (existing facilities) as this project consists of minor alterations (installation of EV Chargers) to existing public libraries that result in no or negligible expansion in the existing use as a public library; and/or 14 CCR Section 15311 (minor structures adjacent to existing facilities) as this project consists of the installation of minor structures (EV Chargers) accessory to the existing public libraries.
Community Outreach: A public outreach plan for the project has been established, with a focus on residents located adjacent to the project, as well as the general public. Project website updates will be utilized to inform the public and receive feedback. Additionally, prior to the start of construction, construction notices will be mailed to all business/property owners in the project area and intermediate special notices will be delivered to individual properties impacted by specific issues.
This project meets City Council’s Top Ten Priorities #9, “Public Works Infrastructure Investments.”
CIP PROJECT PRIORITY (as outlined in FY 2021-22 and FY 2022-23 CIP Program Budget).
Priority Three – Nice to do and would contribute to quality of life, but not essential COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
Item No.7C
EV Charging Stations (CI 5569)
January 24, 2023
4 8
8 F. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.
PREPARED BY: Roner DelCastillo, Associate Engineer
Attachments:
Attachment #1 – Vicinity and Location Maps
DPW: 850-20\ev\Council\2023\01242023\CI 5569\EV Charging Stations staff report.docx Item No.7C
RanchoConej
oBlvd
Lyn
nRd
Borcha
rd
Rd
WJanss Rd
E Hillcrest Dr
S Ve
ntu
Park Rd
W W
ilbur
Rd
S MoorparkRd
LaGranadaDrCamino Dos RiosN Ventu ParkRd
Thousand Oaks Blvd
E Janss Rd
N
Lynn
Rd
N
Moor
park
Rd
W Lynn Rd
W Hillcrest Dr
±
CI 5569 EV CHARGING STATIONS
LOCATION MAP
E JanssRd
23 FRWY
0 0.5 0.25
Miles
0 1,000500
Feet
±
VICINITY MAP
Grant Brimhall
Library
Newbury Park
Library
Rancho
Cone
jo BlvdW Hillcrest Dr
Borchard Rd
101 FRWY
Newbury Park Library
EV Charger Location
Grant Brimhall Library
EV Charger Location
ATTACHMENT #1
DPW: 850-20\ev\Council\2023\01242023\CI 5569\EV Charging Stations Att 1.pdf Item No.7C
TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:January 24, 2023
SUBJECT: Hill Canyon Treatment Plant Unit W Wastewater Interceptor Capital Project (CI 5445)
RECOMMENDATION:
Authorize staff to advertise for construction bids for the Hill Canyon Treatment Plant Unit W Wastewater Interceptor Capital Improvement Program (CI 5445).
CEQA: A Mitigated Negative Declaration was approved for this project by City Council on February 22, 2022.
FINANCIAL IMPACT:
No Additional Funding Requested. Minimal staff time and costs required to advertise for bids, along with $1,900,000 project budget are included in the Adopted FY 2021-23 Wastewater Fund Capital Budget (CI 5445). Estimated total project cost is $2,779,270. Additional appropriation at the time of construction award will be requested if necessary, depending on the actual bids received.
BACKGROUND:
The Hill Canyon Treatment Plant (HCTP) is located at 9600 Santa Rosa Road and provides tertiary-level wastewater treatment for the community. As part of the overall wastewater collection and treatment system, large-diameter wastewater interceptor pipelines were installed to transport the wastewater from the community and deliver it to HCTP.
The Unit W Wastewater Interceptor is a gravity collection pipeline that originates near The Oaks Mall and transports a large volume of wastewater following an access road and traversing the Arroyo Conejo creek to HCTP (Attachment #1).
The pipeline was installed in the 1960s and improvements have been made over the decades. In the lower portion of the interceptor, the original 1960s Unit W Item No.7D
HCTP Unit W Wastewater Interceptor CI 5445
January 24, 2023
4 9
0 pipeline consists of a 30-inch diameter pressurized pipeline with two major wastewater access structures (Structure W-1 & Structure W/F), that enable the wastewater interceptors to be controlled and accessed by staff.
Since the 1960s, that pipeline has been lined in sections using cured in place pipe (CIPP) product, and a second 39-inch diameter pipeline was installed from the City’s W/F wastewater collection access structure to the South Headworks at HCTP, which is one of the two points of entry of the wastewater collection system into HCTP. In addition, in 1998, a parallel 42-inch diameter pipeline and several pressurized reinforced concrete structures were installed to control and manage the wastewater flow and to provide redundancy to this critical section of the Unit W interceptor. As the facilities age, it becomes vital to assess the feasibility of pipeline replacement, structure relocations, valve replacement, etc. to ensure long- term reliability of this key wastewater infrastructure. This project will review the existing condition of the two pipelines from the Unit D structure and W-1 structure to the south headworks at HCTP. This distance is approximately 5,000 feet.
DISCUSSION/ANALYSIS:
The necessary rehabilitation work for the Unit W Project includes installation of a temporary wastewater bypass pipeline to HCTP headworks so closed circuit television (CCTV) work can be performed on the inside of the wastewater pipelines. This CCTV work will be done on one pipeline at a time. Due to the long pipeline reaches on the Unit W alignment and the equipment limitations of the CCTV equipment (cable length), this project will install five to seven access tee fittings at key locations. The 42-inch pipeline will have two to three access points installed and the second parallel pipe will have three to four access points. The access points will be installed when the flows are transferred to the other existing pipeline. Once the access points are completed and no longer needed on this project, they will be closed and left in place for future use.
In addition, three of the existing isolation valves are non-functional due to mechanical failure. Replacement of these valves is quite involved from a permitting and feasibility standpoint, so they are included as part of this project. These valves are buried in the canyon and therefore must be excavated to be replaced. The valves will then be tested and backfilled.
The condition assessment of the existing facilities is the first phase of a potential two-phase project. The work performed as part of this phase will determine the need for additional rehabilitation or repairs on this section of Unit W. Once this project is completed and the information regarding the internal pipeline CCTV work is obtained, staff will determine the need for a second phase of this project, which will be included as a future capital project in the FY 2023-25 Capital Budget.
Item No.7D
HCTP Unit W Wastewater Interceptor CI 5445
January 24, 2023
4 9
0 Regulatory permits for the project were previously obtained by Padre Associates. Padre Associates was retained by the City to prepare the necessary environmental documents needed to secure the regulatory permits from the Regional Water Quality Control Board, the US Army Corps of Engineers and California Fish and Wildlife. The regulatory permits are in place and will be included in the bid documents for the prospective contractor.
The tentative schedule for completion of the project is as follows:
Bidding January/February 2023
Award of construction contract March/April 2023
Start construction June 2023
Construction completion December 2023
The estimated project costs are as follows:
Design and Engineering (previous) $ 279,270
Phase 1 Construction Estimate (future, including contingency) $2,500,000 Total Estimated Cost $2,779,270
The overall project cost (including contingencies, design services during construction/testing, project management) is estimated at $2,779,270. Additional appropriation at the time of construction award will be requested if necessary, depending on the actual bids received.
The project plans and specifications were completed by AECOM and reviewed by City staff and are available for review upon request to the Public Works Department by e-mail at [email protected] or by phone at (805) 449-2400.
It is recommended that the project be advertised for bid. Once bids are received, staff will make a recommendation at a future City Council meeting for award of the construction contract. Due to the long lead-time to procure equipment for this project, staff anticipates returning to City Council for authorization to pre-purchase valves that will be supplied to the awarded contractor for installation.
As part of the design efforts on the project, the consultant prepared the Mitigated Negative Declaration in accordance with the California Environmental Quality Act (CEQA) guidelines. City Council adopted the Mitigated Negative Declaration and Mitigation Monitoring Program for the project on February 22, 2022.
This project meets City Council’s Top Ten Priorities #9, “Public Works Infrastructure Investments.”
Item No.7D
HCTP Unit W Wastewater Interceptor CI 5445
January 24, 2023
4 9
0 Community Outreach: This project will be limited to work at HCTP and in the canyon adjacent to HCTP where the Unit W pipelines are located and is not expected to impact any neighboring residences. The work will be at the south end of the plant and will have limited impact to plant operation. Construction-related impacts to hiking trail users will be minimal.
CIP PROJECT PRIORITY (as outlined in FY 2021-22 and FY 2022-23 CIP Program Budget).
Priority Two – Necessary, but not essential, and there could be consequences if deferred.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goal:
F. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.
PREPARED BY: Nader Heydari, Deputy Public Works Director Attachments:
Attachment #1 – Vicinity and Location Map
DPW: 850-20\nh\Council\2023\01242023 CI 5445 HCTP Unit W Auth to Bid staff report.docx Item No.7D
ATTACHMENT #1
PROJECT LOCATION
HILL CANYON TREATMENT PLANT
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DPW: 850-20\nh\Council\2023\01242023 CI 5445 HCTP Unit W Auth to Bid Att 1 Item No.7D
TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:January 24, 2023
SUBJECT: Authorization to Purchase Water Truck
RECOMMENDATION:
1. Authorize staff to waive City’s normal equipment purchasing process found in Thousand Oaks Municipal Code (TOMC) Sec. 3-10.201, for the purchase of a new or used water truck.
2. Authorize staff to open a purchase order in an amount not-to-exceed $175,000.
3. Approve additional budget appropriation and expenditure in the amount of $175,000 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001-5630-632-8400 (General Fund, Street Trees/Landscaping Equipment over $5,000).
4. Find that this action is not a project as defined under the California Environmental Quality Act.
FINANCIAL IMPACT:
$175,000 Increase to Adopted FY 2022-23 General Fund Budget. Budget appropriation is requested in the amount of $175,000 to the Adopted FY 2022-23 General Fund Budget.
BACKGROUND:
The Public Works Department maintains a diverse urban forest that consists of 27,000 street trees of various ages and sizes. Many of these trees are located in center medians and parkways along highly traveled streets throughout the City.
Many transplanted street trees have a limited capacity to obtain water naturally through their roots due to the obstructions and barriers created by surrounding hardscape infrastructure. Therefore, street trees typically require supplemental Item No.7E
Authorization to Purchase Water Truck
January 24, 2023
4 9
2 water throughout the year to maintain health and vitality. Due to ongoing drought conditions and mandated water use restrictions, the City’s ability to provide supplemental water through traditional irrigation systems has become limited.
These conditions are not unique to the City. Urban water managers throughout California are preparing for a fourth consecutive drought year, and possible further water use restrictions. The City is currently in drought conditions and under Level 4 water conservation measures, with significant restrictions for outdoor water use, and limited means to irrigate urban street trees. Conservation measures include ceasing irrigation to all non-functional ornamental turf, retrofit of traditional sprinklers with high-efficiency stream rotators, and reduction of irrigation schedules including days and duration. These conservation measures meet current water restriction requirements and have resulted in approximately a 70 percent reduction in the overall irrigation water use for the City’s landscaped areas.
In addition to maintaining the City’s urban forest, the Public Works Department operates and maintains the potable water distribution system for approximately one-third of the City. The City’s water system includes 16 pump stations and 16 water reservoirs with a total capacity of 35.5 million gallons of water. Those reservoirs supply potable drinking water to 17,000 service connections that support approximately 53,000 residents and various businesses. One necessary ongoing maintenance practice includes routine flushing of the water distribution system throughout the year to remove sediment and loose deposits, restore chlorine residuals, prevent nitrification, and to keep the water fresh and safe for consumption. Flushing is both a proactive method and a corrective measure to maintain high-quality water. Flushing procedures typically involve releasing water from fire hydrants at high flow rates and is considered a best management practice by the American Water Works Association (AWWA).
Beginning in 2015, City staff sought to bridge the gap between the need for water system flushing under drought conditions and the need to irrigate street trees. This goal was accomplished by utilizing a rented water truck during the summer months to capture flush water that was routinely discharged into the City’s storm drain system. Once captured, the water truck delivers water to specific street trees that have been adversely impacted by drought. Depending on the size and availability of the water truck, rental charges are approximately $4,000 per month.
The practice of watering street trees with a water truck utilizing water that would otherwise be discharged to the storm drain system has proven to be instrumental for the City in supporting tree health and in maintaining water quality for the City’s water customers. While this creative approach does not entirely meet all the maintenance needs for water system flushing, nor for irrigating the urban forest, it provides a viable solution to help reduce the impact of the drought on the City’s Item No.7E
Authorization to Purchase Water Truck
January 24, 2023
4 9
2 urban forest and best utilizes our limited water resources. Previously, this has been a seasonal practice. However, with the ongoing drought conditions, it makes more sense financially to procure a water truck.
DISCUSSION/ANALYSIS:
In May of 2022, City staff solicited bids for a 2022 Freightliner water truck with a 2,000-gallon water tank. The City received one proposal from Los Angeles Truck Centers, LLC dba Velocity Truck Centers (Oxnard, CA) in the amount of $146,362.
The lead time for constructing the vehicle was upwards of 400 days with the potential for additional delays because of ongoing global supply chain issues. Due to the extended lead time and lack of multiple bids, staff re-solicited bids and expanded specifications to include a more common model water truck with a range of water tank sizes. Staff then solicited bids for a 2022 Ford water truck with water tank sizes ranging between 2,000-gallon minimum to 2,500-gallon maximum.
The City received two proposals, one from Transwest Truck Center, LLC (Fontana, CA) in the amount of $145,876 and the second from Los Angeles Truck Centers, LLC dba Velocity Truck Centers (Oxnard, CA) in the amount of $149,262. Lead times for constructing the vehicle were still upwards of 400 days with the continued potential for additional delays because of ongoing global supply chain issues.
The Request for Bids was sent to numerous other suppliers who had inventory in stock but did not respond. Staff contacted those suppliers to inquire about their non-response and was informed that due to the current high demand for water trucks, available inventory was selling quickly, so there was no interest in holding on to supplies for consumers who were unable to make a purchase at the time of inquiry. Therefore, for the reasons stated above, including extremely limited inventory, unwillingness of vendors to hold vehicles, and projected delivery dates that potentially exceed 400 days, staff is requesting a waiver of the City’s equipment purchasing process of TOMC Sec. 3-10.201 to acquire a water tank vehicle and authorization to open a purchase order in anticipation of a vehicle coming available. Pursuant to TOMC 3-10.501, purchasing procedures may be waived with City Council approval due to unforeseen circumstances that justify an exception.
Pending City Council’s approval to waive the City’s equipment purchasing process, staff will contact multiple reputable commercial truck suppliers throughout the western United States to ascertain if a reasonably priced newer model water truck is available for purchase. If a newer model is not available for delivery within a reasonable amount of time, staff will determine if a used water truck with low miles and negligible wear and tear is available. The City will only purchase a used water truck if it is in good operating condition with no mechanical issues, free of body damage, and meets all California emission standards. Once an available and Item No.7E
Authorization to Purchase Water Truck
January 24, 2023
4 9
2 appropriate water truck is identified and confirmed that it can be delivered within a reasonable amount of time, the City will obtain a bid from the supplier and issue a purchase order to secure the vehicle. While the estimated purchase price for a new water truck in 2022 was approximately $150,000, staff is requesting an additional $25,000 to help cover potential additional costs stemming from ongoing world supply chain issues and continued lack of inventory.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
F. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.
PREPARED BY: Kevin Wilson, Public Works Superintendent
DPW: 370-10/kw/ev/COUNCIL/2023/01242023/Purchase of Water Truck staff report.docx Item No.7E
TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:January 24, 2023
SUBJECT: Land Management System Project Management
RECOMMENDATION:
1. Authorize City Manager to execute amendment of professional services agreement with Park Consulting Group (Irvine, CA) (Contract No. 12729-2021) for the City’s Land Management System (LMS) implementation, subject to the approval of City Attorney once all terms have been negotiated, for a total contract amendment amount of $150,000 and a total contract not-to-exceed amount of $440,000.
2. Authorize budget appropriation and expenditure in the amount not-to-exceed $150,000 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001-4010-641-5420 (General Fund, Consulting Services) for project management through December 31, 2023.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
FINANCIAL IMPACT:
$150,000 Increase to FY 2022-23 General Fund Budget. $150,000 additional budget appropriation to Adopted FY 2022-23 General Fund Budget is requested to provide necessary project management services during the ongoing implementation of the LMS project.
BACKGROUND:
In September 2020, City Council authorized the purchase and implementation of the Tyler EnerGov Land Management System (Tyler EnerGov LMS). This system software manages critical services, including planning applications, plan check reviews, building permits and inspections, and code compliance. The system significantly enhances the customer experience through features like online payments, electronic plan review, and a public portal to search and retrieve permit and project records.
Item No.7F
LMS Project Management
January 24, 2023
5 0
2 On May 11, 2021, City Council approved an agreement with Park Consulting Group (PCG) to provide project management and implementation assistance. In addition, City Council waived the Thousand Oaks Municipal Code Section 3-
10.501 standard Request for Proposals/Qualifications process due to the criticality, timeliness, and unique skillset of PCG. The selection of PCG was based on their unique knowledge and experience with Tyler EnerGov LMS implementation in other jurisdictions, including cities within Ventura County, who recommended PCG to City staff. PCG’s specialized skills have been instrumental in customizing and implementing a system capable of effectively meeting the City's customer service and efficiency goals into the future.
The LMS go-live timeline included the replacement of the existing, older Central Square Naviline (Naviline) system capabilities and processes. As the project moved forward, the project team identified additional opportunities to maximize Tyler EnerGov LMS capabilities to better serve staff and constituents. This included the addition of various functionalities not provided through the previous Naviline system. During the implementation, PCG led Tyler Technologies and City staff through difficult issues, providing essential technical assistance, establishing priorities, and following through on outstanding items of concern. The project timeline was extended to incorporate these expanded capabilities with a go-live date of November 14, 2022.
City Council approved contract amendment No. 1 on October 25, 2022, in the amount of $40,000, to fund the remaining tasks before the go-live date of November 14, 2022, and for the initial post-go-live support. PCG provided go-live preparation assistance for the City's project leads and team members which included daily support to resolve configuration enhancements and other outstanding matters. In addition, their services included configuration and functional updates and ongoing issue resolution.
DISCUSSION/ANALYSIS:
The collective efforts of PCG and City staff made for a successful launch of the new LMS to the public. PCG focused on project management, advisory, and training-related contributions. At the same time, City staff engaged in extensive training on the functions and capabilities of the LMS system, provided enhanced communications and messaging to the public, and offered high-touch customer service and technical assistance to help the public become acclimated to the new system.
Over 1,200 unique users successfully registered and accessed the new system within the first month of go-live. Hundreds of applications were submitted and over one thousand inspections were performed during these first 30 days. The number Item No.7F
LMS Project Management
January 24, 2023
5 0
2 of new users and requests continues to grow since the system went live in November.
While the LMS is live and actively used by customers, the implementation is still in the infancy stage. As City staff continue to focus on the City Council's priority of implementing the LMS, the ongoing support of PCG will be crucial in helping City staff continue to refine and expand upon services and processes available through the LMS. In addition, PCG’s services will help City staff develop a structured and sustainable plan for continued maintenance of customized processes and ongoing adaptation of the system to continue to meet needs into the future.
More specifically, as per the first contract amendment, PCG will continue supporting the design, configuration, deployment, and resolution of priority post- go-live enhancements through December 31, 2023. Staff estimates up to 50 hours per month for issue resolution and enhancement services from February through June and up to 24 hours per month for advanced issue and configuration support from July through December. The requested amendment is $150,000, bringing the contract not-to-exceed amount to $440,000.
PCG has been instrumental during the LMS implementation. Their ongoing support and services are essential as the City moves into the next implementation phase of a highly complex system.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goal:
B. Provide municipal government leadership which is open and responsive to residents, and is characterized by ethical behavior, stability, promoting public trust, transparency, confidence in the future, and cooperative interaction among civic leaders, residents, business representatives, and staff, while recognizing and respecting legitimate differences of opinion on critical issues facing the City.
PREPARED BY: Dusty Russell, Economic Development Analyst CMO:420-10\H:Common\City Council\Council Items\2023 Staff Reports\01242023\ Land Management System Project Management
Item No.7F
TO:Andrew P. Powers, City Manager
FROM:Jaime Boscarino, Finance Director
DATE:January 24, 2023
SUBJECT: First Amendment to Municipal Service Center Mechanical Equipment Services Agreement
RECOMMENDATION:
1. Approve first amendment to Contract No. 13000-2022 with Mesa Energy Systems, Inc., DBA Emcor Services Mesa Energy of Irvine, CA (Mesa), to add $75,000 with a new total not-to-exceed amount of $150,000 over the lifetime of the contract.
2. Authorize additional expenditure in the amount of $75,000 from various General Fund accounts (Contracted Services (Private) / HVAC Maintenance) as available.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
FINANCIAL IMPACT:
No Additional Funding Requested. The funds for extra services work are included in the Adopted FY 2022-23 General Fund Budget. Budget for the remaining term of the contract will be requested during the upcoming biennial budget process.
BACKGROUND:
Maintenance of mechanical equipment and systems at the Municipal Service Center (MSC) and Household Hazardous Waste Facility (HHW) had previously been performed by in-house City staff and on-call vendors without a formal contract. Current staffing levels and responsibilities do not allow the Facilities Division to properly provide the required maintenance and timely repairs needed at those sites.
Item No.7G
First Amendment to MSC Mechanical Equipment Services Agreement January 24, 2023
In February 2022, staff requested proposals through an informal process for the preventative maintenance and services for the mechanical systems at the MSC and HHW. Mesa was selected for a three-year contract with a not-to-exceed total of $75,000 with two (2) optional one (1) year extensions based on their experience, technical abilities, and cost.
After the first eight (8) months of servicing the equipment at the MSC, Mesa discovered several mechanical units were to the point where repairs were no longer practical, and replacement was required. The current contract’s not-to- exceed amount allows for $40,000 to be used for additional services that are not included in the routine maintenance scope of work, including potential repairs, parts and equipment replacements due to the aging systems. Due to the high cost of these unanticipated mechanical unit replacements, the original extra services funds have been depleted.
DISCUSSION/ANALYSIS:
Much of the equipment at the MSC is original from 1993 and has reached its life- expectancy. A formal evaluation of the equipment had not been done prior to finalizing the original Mesa agreement. It became apparent over the past 6 months in particular, that many of the units would require extensive repairs, or replacement during the life of the contract. Staff needs to amend the current contract to add $75,000 to the total not-to-exceed amount of $75,000 for a new not-to-exceed total of $150,000 in order to replenish the extra services funds which were meant to cover the entire 3 years of the contract.
Staff recommends approval of this First Amendment to Contract No. 13000-2022 (Attachment #1) to allow the Facilities Division to continue maintaining the mechanical systems in a manner that keeps them working efficiently and effectively.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goal:
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
PREPARED BY: Elizabeth Perez, Facilities Manager
Attachment:
Attachment #1 – First Amendment to Contract No. 13000-2022 FIN:201-10\cp\H:\COMMON\Council\2023\Facilities\012423 MSC Mesa Amend Staff Report.docx Item No.7G
FIN:201-10\cp\H:\COMMON\Council\2023\Facilities\012423 Amendment to MSC Mesa Agreement - Attach #1.docx
Project Name: MSC Mechanical Equipment Services
FIRST AMENDMENT TO
AGREEMENT FOR GENERAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
MESA ENERGY SYSTEMS, INC., DBA EMCOR SERVICES MESA ENERGY
Contract No. 13000-2022
THIS FIRST AMENDMENT to the Agreement for General Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation, (hereafter “City”) and MESA ENERGY SYSTEMS, INC., DBA EMCOR SERVICES MESA ENERGY, (“Service Provider”), entitled MSC Mechanical Equipment Services and dated April 1, 2022 (herein “Contract”) is made this 24th day of January, 2023.
RECITALS
A. Section 3 of the Agreement, currently, and as may have been previously amended, provides for a Not -to-Exceed total payment amount of $ 75,000 over the three-year term of the Agreement. City is in need of adding $75,000 additional compensation in reserve, for a total of $150,000 over the lifetime of the contract.
B. City is in need of ad ding language in regard to Reserve covered by the contract
C. City and Service Provider desire to increase the not-to-exceed amount and add reserve language while keeping all other terms intact.
AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to Contract agree to amend Contract as described below:
Part 1. $75,000 is hereby added to the Contract, and Section 3 of the Contract is hereby amended to update the Schedule of Fees and include language in regard to Reserve. Exhibit B is hereby replaced by Exhibit B-1, attached hereto and incorporated herein. Section 3 shall now read in its entirety as follows:
3. COMPENSATION AND PAYMENT
(a) Maximum. The total compensation earned by or payable to Service Provider, by City, for any and all services under this Agreement shall not exceed $ 150,000.00 (herein "not to exceed amount”).
ATTACHMENT #1
Item No.7G
FIN:201-10\cp\H:\COMMON\Council\2023\Facilities\012423 Amendment to MSC Mesa Agreement - Attach #1.docx
(b) Rates. Service Provider shall be paid a fixed sum for preventative maintenance work performed under this Agreement, according to the schedule listed in Service Provider’s Schedule of Fees, or paid hourly, at the hourly rates and with reimbursement for those expe nses set forth in Exhibit “B -1.” Any changes or modifications resulting in an increase to the fixed sum must be approved in writing by City’s Project Manager in advance, and may not surpass the not to exceed amount.
The rates and expenses set forth in tha t exhibit shall be binding upon Service Provider until June 30, 2023, after which any change in the rates and expenses must be approved in writing by City's Project Manager (City is to be given 60 days’ notice of any rate increase request), provided the not to exceed amount is the total compensation due Service Provider for all work described under this Agreement.
(c) Payment. All payments shall be made within 30 days after receipt of written verification from Service Provider of the actual compensation earned, in a form satisfactory to City's Project Manager.
(d) Reserve. Additional work which is reasonably encompassed by the Scope of Services described in Section 2, but which cannot be specifically identified until the work progresses, may be agreed upon only by valid Work Authorization issued by City’s Project Manager. No liability or right to compensation for this work shall exist without such Authorization. Costs for these services shall be at the rates set forth in Exhibit “B-1” or by negotiated lump sum. The available funds shall be limited to those identified as “Reserve” in said Exhibit.
(e) Extra Services. Additional work not reasonably encompassed by the Scope of Services described in Section 2 may be agreed upon only by execution of a written Amendment to this Agreement. No liability or right to compensation for extra services shall exist without such Amendment. Unless other wise stated in the Amendment, applicable rates for extra services shall be at the rates set forth in Exhibit “B-1”.
Item No.7G
FIN:201-10\cp\H:\COMMON\Council\2023\Facilities\012423 Amendment to MSC Mesa Agreement - Attach #1.docx
Part 2. All terms used in Part 1 above shall have the meanings ascribed thereto in Contract. Except as amended in Part 1 above, all other sections, terms, obligations, duties, clauses, and provisions of Contract shall remain the same.
IN WITNESS WHEREOF, the parties execute this First Amendment to Contract as of the date set forth above.
MESA ENERGY SYSTEMS, INC.
Ron Hickey, Executive Vice President
Steve Hunt, Chief Financial Officer
ATTEST: CITY OF THOUSAND OAKS
_______________________________ ________________________________ Laura B. Maguire, City Clerk Kevin McNamee, Mayor
CITY OF THOUSAND OAKS
Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD: APPROVED AS TO FORM:
Office of the City Attorney
________________________________ _______________________________ Jaime Boscarino, Finance Director Tracy Friedl, Assistant City Attorney
Item No.7G
FIN:201-10\cp\H:\COMMON\Council\2023\Facilities\012423 Amendment to MSC Mesa Agreement - Attach #1.docx
EXHIBIT B-1
SCHEDULE OF FEES
Preventative Maintenance – Annual Cost for Year 1 $10,840.00 (billed $2,710 quarterly)
Estimated 3-Year Preventative Maintenance Cost
(including potential approved rate increases) = $35,000.00
RESERVE/CONTRACT EXTENSION* = $115,000.00
Total Contract Not-to-Exceed = $150,000.00
*RESERVE: for emergency services or additional work authorized by City Project manager not included in the maintenance services. Unused Extra Services allocation may also be used to extend Preventative Maintenance services beyond the 3 years if sufficient funds remain.
Service Provider may be paid lump sum through quoted and approved proposals for non- emergency equipment repairs or replacements not included in the preventative maintenance Scope of Work.
HOURLY LABOR RATES & FEES
The following standard labor rates and material prices shall apply for any work quoted outside of the standard preventative maintenance service.
Labor Rates:
Unitary $155 hr
Applied $170 hr
Absorber $170 hr
Automation $170 hr
Invertor $140 hr
Fees:
Consumables $14 Per visit
Environmental/PPE $24 Per visit
Technology Fee $47 Per visit (Controls / Automation) Truck Charge $125 Per visit (Per Technician)
Service Emergency Admin Fee $95 After-hours dispatching service Specialty Tools & Service Fees $75 Single use Specialty Tool (Level 1) Specialty Tools & Service Fees $175 Single use Specialty Tool (Level 2) COVID Test Fees $135 Per Tech Per Test
Item No.7G
FIN:201-10\cp\H:\COMMON\Council\2023\Facilities\012423 Amendment to MSC Mesa Agreement - Attach #1.docx
Descriptions:
Consumable - This fee offsets the costs of small items a technician may use while on the job such as: cleaners, lubricants like WD40, rags, wire ties, etc.
Environmental/PPE - This fee includes the cost of staying compliant with all regulatory and Bio Safe requirements, (e.g., bio-masks, bio safe chemicals, virus control PPE, and the disposal of bio and general hazardous materials.
Technology - This fee includes the cost of maintaining the most current software updates, which will help technicians optimize HVAC systems
Truck Charge - This fee includes the rolling costs of vehicle operation including: fuel, oil, tires; insurance & basic vehicle maintenance.
Service Emergency Admin Fee - This fee includes the cost of the staff who manage the coordination of after-hours service emergency calls.
Specialty Tools & Service Fees (Level 1) - Any single use Specialty Tool used such as:
power washer; vib analyzer; laser ailment; any refrigerant recovery; vacuum pump; weld or brazing; water heater; rigging equip; flow hood; freeze kit; CO2; Nitrogen used; tube brusher; combustion analyzer; data logging equip (meters); coil cleaned
Specialty Tools & Service Fees (Lev el 2) – Use of Multiple Specialty Tools for services such as the following: compressor change out; leak check and repairs; (electrical, plumbing or piping work).
COVID Test fees - To be used in the event that Service Provider is asked to provide a Covid Test to one of their employees on the request of City. This fee covers the cost of the self-test kit, one (1) hour of employees’ time, and administration time to communicate the results to a customer.
Material Mark Up:
$1 - $250 3.50%
$250 > 2.90%
Subcontractor 2.00%
Item No.7G
TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:January 24, 2023
SUBJECT: Proposed Zone Change (2022-70828-Z)
RECOMMENDATION:
1. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).
2. Read ordinance in title only, further reading be waived, and if no objection, introduce ordinance to amend the Thousand Oaks Municipal Code relating to the Official Zoning Map by changing the zoning classification of the property located at 3020 Crescent Way from P-L (Public, Quasi-Public, and Institutional Lands and Facilities) to RPD-12U (Residential Planned Development).
FINANCIAL IMPACT:
No Additional Funding Requested. Minimal staff time required to prepare the report is included in the Adopted FY 2022-23 General Fund Budget and is offset by the filing fee paid by the applicant.
BACKGROUND:
Development History
The subject property located at 3020 Crescent Way was originally developed in 1958 in a residential neighborhood. The property included a 696 square-foot, single-family home situated on a 5,600 square-foot lot. For many years Manna Food Bank (Manna) operated from within the existing residence as an accessory use. As Manna’s needs for services grew and the use of the property was no longer residential, City Council approved a zone change for the property in 1988 to P-L (Public, Quasi-Public, and Institutional Lands and Facilities), which allows for institutional and miscellaneous uses.
In 2022, Manna moved their operations to a new location on Oakview Drive and sold the 3020 Crescent Way property to a new private owner.
Item No.8A
Proposed Zone Change (2022-70828-Z)
January 24, 2023
4 8
7 Current Application Process
On June 14, 2022, the new property owner filed an application for a zone change requesting to change the zoning classification of the property from P-L to RPD- 12U and construct a 399 square-foot addition and remodel, with the intent of converting the existing building back into a single-family home. Following no submittal of the required application fee, the application was deemed inactive and withdrawn on August 18, 2022, in accordance with Section 9-4.2817(a)(2) of the Thousand Oaks Municipal Code.
On August 22, 2022, a new application was filed for a zone change to change the zoning classification of the property from P-L to R-2, with no improvements proposed to the property. Staff informed the applicant that the subject property did not meet the minimum lot size requirements for the R-2 zone. On October 19, 2022, the application was revised to change the zoning classification of the property from P-L to RPD-12U, and the application was deemed complete on October 20, 2022. On November 3, 2022, the Notice of Application was mailed to adjacent property owners for the required 45-day notice and a large sign was placed onsite.
A Planning Commission public hearing was held on January 9, 2023. Staff presented the report and responded to questions from the Commissioners. The Planning Commission received public testimony from the property owner/applicant and no other public speakers or written comments were received. After closing the public hearing, the Planning Commission voted 3-0 to approve a motion to recommend City Council adopt the proposed ordinance (Attachments #1 and #2).
DISCUSSION/ANALYSIS:
Existing Property and Surrounding Uses
The subject site is located at 3020 Crescent Way, on an approximately 5,600 square-foot lot, within the Hampshire Road, West Model
Neighborhood. Surrounding uses to the site include residential homes to the west, south, and east. These properties have a General Plan land use designation of Medium Density Residential and are zoned RPD-12U, which permits a maximum average of 12 residential dwelling units per acre. Commercial uses are located to the north. These properties have a General Plan land use designation of Commercial and are in Specific Plan 20.
Zoning Amendment
The subject property is designated “Medium Density Residential” on the Land Use Element Map of the General Plan. However, the property is currently zoned Public, Quasi-Public and Institutional Lands, and Facilities (P-L), where a residential use for a single-family home is not allowed. To allow for the existing site to be occupied as a residential use, a zone change from P-L to RPD-12U is Item No.8A
Proposed Zone Change (2022-70828-Z)
January 24, 2023
4 8
7 necessary; and the applicant is therefore, requesting the zone change, consistent with the City’s General Plan land use designation.
Environmental Review
This proposed project was analyzed for conformance with the California Environmental Quality Act (CEQA). This project is exempt from the requirements pursuant to Section 15061(b)(3) of the CEQA Guidelines as “…CEQA applies only to projects, which have the potential for causing a significant impact on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” The proposed project is to amend the zoning classification of the subject site to align with the General Plan land use designation and allow for the property to be occupied as a residential use. Additionally, no changes to the site are proposed as part of this application. As a result, the proposed amendment meets this CEQA exemption.
Community Outreach
Notification for this public hearing, and the Planning Commission hearing, was conducted in compliance with the Thousand Oaks Municipal Code.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council Goal:
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
PREPARED BY: Krystin Rice, Sr. Planner
Attachments:
Attachment #1 – Proposed City Council Ordinance
Attachment #2 – Planning Commission Staff Report with Attachments CDD:460-20\kr\H:\COMMON\City Council\CC Agenda Items\2023\01242023\Crescent Way\Staff Report\[FILE ID: 2022- 70828-Z]
Item No.8A
CDD:460-20\kr\H:COMMON\City Council\CC Agenda Items\2023\01242023\Crescent Way\Attachment 1 City Council Ordinance.doc\[FILE ID: 2022-70828-Z)
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF THOUSAND OAKS AMENDING THE
THOUSAND OAKS MUNICIPAL CODE RELATING
TO THE OFFICIAL ZONING MAP BY CHANGING
THE ZONING CLASSIFICATION OF THE
PROPERTY LOCATED AT 3020 CRESCENT WAY;
(ZONE CHANGE 2022-70828-Z)
The City Council of the City of Thousand Oaks does hereby ordain as follows:
Part I
Based upon the information contained in the staff report, exhibits, and public testimony at the public hearing, the City Council approved this zone change application with the following findings:
1. The project is consistent with the Thousand Oaks General Plan and any applicable specific plan or redevelopment plan.
The proposed zone amendment will re-designate the 5,600 square-foot property from P-L (Public, Quasi-Public, and Institutional Lands and Facilities) to RPD-12U (Residential Planned Development). Upon adoption of the zone change, the proposed amendment will meet this finding because the General Plan land use designation for the property is Medium Density Residential, which will align with the RPD-12U zoning. The proposed project is consistent with the General Plan policies to “maintain and preserve existing neighborhoods through the application of appropriate zoning and development controls” and “maintain and enhance the present high quality, semi-rural single-family residential character of the Thousand Oaks Planning Area.” Furthermore, the subject site is not located within any applicable specific plan or redevelopment plan. Therefore, the proposed zone amendment meets this finding.
2. The project has been reviewed in conformance with the provisions of the California Environmental Quality Act.
This project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines as “…CEQA applies only to projects, which have the potential for causing a significant impact on the environment. Where it can be seen with certainty that there is no possibility that the activity in question ATTACHMENT #1
Item No.8A
CDD:460-20\kr\H:COMMON\City Council\CC Agenda Items\2023\01242023\Crescent Way\Attachment 1 City Council Ordinance.doc\[FILE ID: 2022-70828-Z)
2 8
5 8
may have a significant effect on the environment, the activity is not subject to CEQA.” The proposed project is to amend the zoning classification of the subject site to align with the general plan land use designation and allow for the property to be occupied as a residential use. Additionally, no changes to the site are proposed as part of this application. As a result, the proposed amendment meets this finding.
Part 2
Pursuant to Title 9 Zoning Map of the City of Thousand Oaks Municipal Code, Official Zoning Map, is amended to read as follows:
Thousand Oaks Official Zoning Map
The land and other property shown upon the map, attached hereto as Exhibit A and incorporated herein by reference, are zoned according to the zone classification symbols indicated on said map, changing the zoning from P-L (Public, Quasi-Public, and Institutional Lands and Facilities) to RPD-12U (Residential Planned Development) for a property located at 3020 Crescent Way (APN-671-0-193-255).
Part 3
(Uncodified)
Severability
If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this title; it being hereby expressly declared that this title, and each section, subsection, sentence, clause and phrase hereof, would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Item No.8A
CDD:460-20\kr\H:COMMON\City Council\CC Agenda Items\2023\01242023\Crescent Way\Attachment 1 City Council Ordinance.doc\[FILE ID: 2022-70828-Z)
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5 8
Part 4
(Uncodified)
Effective Date
This Ordinance shall take effect on the thirty-first (31st) day following its final passage and adoption.
PASSED, APPROVED AND ADOPTED this XXth day of XXXX, 202X, by the following vote:
Ayes:
Noes:
Absent:
Kevin McNamee, Mayor
City of Thousand Oaks City Council
ATTEST/CERTIFY:
Laura B. Maguire, City Clerk
City of Thousand Oaks City Council
Date Attested: ______________
APPROVED AS TO FORM:
Office of the City Attorney
_______
Tracy M. Noonan, City Attorney
APPROVED AS TO ADMINISTRATION:
Andrew P. Powers, City Manager
Item No.8A
CDD:460-20\kr\H:COMMON\City Council\CC Agenda Items\2023\01242023\Crescent Way\Attachment 1 City Council Ordinance.doc\[FILE ID: 2022-70828-Z)
2 8
5 8
Introduced: XXXX XX, 202X
Published: XXXX XX, 202XX
Ordinance No.: XXXX-NS
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.
Item No.8A
CDD:460-20\kr\H:COMMON\City Council\CC Agenda Items\2023\01242023\Crescent Way\Attachment 1 City Council Ordinance.doc\[FILE ID: 2022-70828-Z)
2 8
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EXHIBIT A
Item No.8A
TO: Planning Commission
FROM:
John M. Dugan, Deputy Community Development Director
DATE: January 9, 2023
SUBJECT: Proposed Zone Change 2022-70828-Z
APPLICANT: 3010-3012 Crescent Way, LLC
LOCATION: 3020 Crescent Way (APN: 671-0-193-255)
REQUEST:
To allow
a Zone Change from P-L ( Public, Public Quasi, and Inst itutional Lands and Facilities) to RPD-12U (Re sidential Planned Development) fo r a property located at 3020 Crescent Way (Attachment #1, #2, #3).
RECOMMENDATION:
That the
Planning Commission adopt a resolution (Attachment #4) thereby forwarding the following recommendations to City Council:
1. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.
2. Approve the Zone Change 2022-70828-Z as described in Attachment #5; and PLANNING COMMISSION REVIEW:
Per Section 9-4.2914
of the Thousand Oaks Municipal Code (TOMC), the Planning Commission shall make a recommendation to City Council for all proposed zone changes initiated by verified applications.
BACKGROUND:
Development History
The subject
property was origina lly developed in 1958, with a 6 96 square-foot, single-family home, on a 5,600 square-foot lot, in a residential neighborhood. For ATTACHMENT #2
Item No.8A
Zone Change 2022-70828-Z
January 9, 2023
years, Manna Food Bank operated fr om within the existing reside nce, as an accessory use. As Manna’s needs for services grew, and the use of the property was no longer residential, City Council approved a zone change for the property in 1988 to P-L (Public, Quasi-Public, and Institutional Lands and Facilities), which allows for institutional and miscellaneous uses.
In 2022, Manna Food Bank moved their operations to a new locati on on Oakview Drive and sold the 3020 Crescent Way property to a new private owner.
Current Application Process
On
June 14, 2022, the new property owner filed an application f or a zone change requesting to change the zoning classification of the property from P-L to RPD- 12U and construct a 399 square- foot addition and remodel, with the intent of converting the existing building back into a single-family home . F o l l o w i n g n o submittal of the required application filing fee, the application was deemed inactive and withdrawn on August 18, 2022, in accordance with Section 9- 4.2817(a)(2) of the TOMC.
On August 22, 2022, a new application was filed for a zone change to change the zoning classification of the proper ty from P-L to R-2, with no improvements proposed to the property. Staff informed the applicant that the subject property did not meet the minimum lot size requirement for the R-2 zone. On October 19, 2022, the application was revised to change the zoning classification of the property from P-L to RPD-12U, and the application was deemed complete on October 20, 2022.
On November 3, 2022, the Notice of Application was mailed to adjacent properties owners for the required 45-day notice and a large sign was placed onsite.
DISCUSSION/ANALYSIS:
Existing Pr
operty and Surrounding Uses
The
subject site is located at 3020 Crescent Way, on an approximately 5,600 square-foot lot, within the Hamp shire Road, West Model Neighbor hood.
Surrounding uses to the site include residential homes to the west, south, and east.
These properties have a general plan land use designation of Medium Density Residential and are zoned RPD-12U, which permits a maximum aver age of 12 dwelling units per acre. Commercial uses are located to the no rth. These properties have a general plan l and use designation of Commerci a l an d a re i n Specific Plan 20.
Item No.8A
Zone Change 2022-70828-Z
January 9, 2023
Zoning Amendment
The
subject property is designated Medium Density Residential o n the Land Use Element Map of the General Plan. However, the property is currently zoned Public, Quasi-Public and Institutional Lands and Facilities (P-L), wher e a residential use for a single-family home is not allowed. To allow for the existing site to be occupied as a residential use, a zone change from P-L to RPD-12U is nece ssary; and the applicant is, therefore, requesti ng the zone change, consistent with the City’s General Plan land use designation.
ENVIRONMENTAL REVIEW:
This
proposed project was analyze d for conformance with the Cal ifornia Environmental Quality Act (CEQA). This project is exempt from the requirements of the California Envi ronmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines as “…CEQA applies only to projects which have the potential for causing a significant impact on the envi ronment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” The proposed project is to amend the zoning classification of the subject site to align with the general plan land use designation and al low for the property to be occupied as a residentia l use. Additionally, no changes to the site are proposed as part of this application. As a result, the proposed amendment meets this finding.
CONCLUSION:
Based
on the analysis and findings contained in this report, staff recommends that the Planning Commission recommend approval of the proposed Zone Change 2022-70828-Z.
Prepared by: Krystin Rice, Senior Planner
Attachments:
Attachment #1 – Vicinity Map
Attachment #3 – Location Map
Attachment #2 – Aerial Map
Attachment #4 – Resolution
Attachment #5 – Ordinance
cdd:460-20/Staff Report-Planning Cmsn/pz [FILE ID: 2022-70828-Z] Item No.8A
N Westlake Blvd
E Thousand Oaks Blvd
S Westlake Blvd
Erbes Rd
Agoura Rd
E Hillcrest Dr
Hampshire Rd
Triunfo Canyon Rd
E Potrero Rd
2022-70282-Z
3010-3012 Crescent Way, LLC
Vicinity Map
U:\cdcjansen\_Notice Maps\2022\2022-70828-Z-CrescentWay.aprx 0 2,000 4,0001,000
Feet
Site
City of Thousand Oaks
Community Development Department
ATTACHMENT #1
To 1/9/2023 PC Meeting
Item No.8A
S Skyline Dr
Fairview Rd
Ham
pshire Rd
Crescent Way
E Thousand Oaks Blvd
Los Robles Rd
2022-70828-Z
3010-3012 Crescent Way, LLC
Location Map
U:\cdcjansen\_Notice Maps\2022\2022-70828-Z-CrescentWay.aprx City of Thousand Oaks
Community Development Department
0 100 20050
Feet
Subject
Property
ATTACHMENT #2
To 1/9/2023 PC Meeting
Item No.8A
2022-70828-Z
3010-3012 Crescent Way, LLC
Aerial Map
U:\cdcjansen\_Notice Maps\2022\2022-70828-Z-CrescentWay.aprx City of Thousand Oaks
Community Development Department
0 2 55 07 513
Feet
Subject
Property
Crescent Way
ATTACHMENT #3
To 1/9/2023 PC Meeting
Item No.8A
CITY OF THOUSAND OAKS
PLANNING COMMISSION
RESOLUTION NO. 01-2023 PC
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF THOUSAND OAKS
RECOMMENDING THAT THE CITY COUNCIL
ADOPT AN ORDINANCE TO AMEND THE
THOUSAND OAKS MUNICIPAL CODE RELATED TO
THE OFFICIAL ZONING MAP AND CHANGE THE
CLASSIFICATION OF THE PROPERTY LOCATED
AT 3020 CRESCENT WAY. (2022-70828-Z)
Application: Zone Change 2022-70828-Z
Applicant: 3010-3012 Crescent Way, LLC
Location: 3020 Crescent Way (APN: 671-0-193-255)
SECTION 1
The Planning Commission of the City of Thousand Oaks, California, DOES RESOLVE AS FOLLOWS:
WHEREAS, the applicant has fi led with this Commission a petition requesting a Zone Change under the provisions of the City of Thousand Oaks Municipal Code to change the zoning classification of the property located at 3020 Crescent Way from P-L to RPD-12U;
WHEREAS, the Planning Commission found that this project is exempt from CEQA pursuant to Section 15061 (b)(3) and has been determined to not have a significant effect on the environment;
WHEREAS, On October 30, 2022, the Notice of Application Sign was posted on the subject property;
WHEREAS, On November 3, 2022, a notice of the proposed project was mailed to all property owners and occupants within a 500-foot radius of the subject property;
WHEREAS, On December 22, 2022, Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Thousand Oaks and was mailed to all property owners and occupants within a 500-foot radius of the subject property.
cdd:460-20/Resolution-PC/pz (FILE ID: 2022-70828-Z)
ATTACHMENT #4
To 1/9/2023 PC Meeting
Item No.8A
WHEREAS, the Planning Commission, upon giving the required notice, did, on the 9th day of January 2023, conduct a duly-advertised public hearing as prescribed by law to consider said application; and
WHEREAS, at the January 9, 2023, Planning Commission public hearing, oral and written evidence, including a staff report, were presented and received, and arguments were heard from all interested parties appearing in the matter.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends that 2022-70828-Z be approved by the City Council of the City of Thousand Oaks by the adoption of an ordinance to amend the Thousand Oaks Municipal Code related to the Official Zoning Map and changing the zoning classification of the property located at 3020 Crescent Way (APN: 671-0-193-255).
SECTION 2
WHEREAS, the findings of the Planning Commission for recommending approval of said Zone Change 2022-70828-Z application are as follows:
1. The project is consistent with the Thousand Oaks General Plan and any applicable specific plan or redevelopment plan.
The proposed zone amendment will re-designate the 5,600 square-foot property from Public, Quasi-Public and Institutional Lands and Facilities (P L) to Residential Planned Development (RPD-12U). Upon adoption of the zone change, the proposed amendment will meet this finding because the General Plan land use designation for the property is Medium Density Residential, which will align with the RPD-12U zoning. The proposed project is consistent with the General Plan policies to "maintain and preserve existing neighborhoods through the application of appropriate zoning and development controls" and "maintain and enhance the present high quality, semi-rural single-family residential character of the Thousand Oaks Planning Area." Furthermore, the subject site is not located within any applicable specific plan or redevelopment plan. Therefore, the proposed zone amendment meets this finding.
2. The project has been reviewed in conformance with the provisions of the California Environmental Quality Act.
This project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b )(3) of the CEQA Guidelines as " ... CEQA applies only to projects, which have the potential for causing a significant impact on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject cdd:460-20/Resolution-PC/pz (FILE ID 2022-70828-Z)
Item No.8A
to CEQA." The proposed project is to amend the zoning classification of the subject site to align with the general plan land use designation and allow for the property to be occupied as a residential use. Additionally, no changes to the site are proposed as part of this application. As a result, the proposed amendment meets this finding.
SECTION 3
NOW, THEREFORE, BE IT RESOLVED that based on substantial evidence contained within the record, the analysis in the agenda report, and the findings of fact, the Planning Commission recommends that City Council approve 2022- 70828-Z set forth and attached hereto and made a part hereof.
I HEREBY CERTIFY that the foregoing resolution reflects action taken by the Planning Commission of the City of Thousand Oaks at a regular meeting held on the January 9, 2023, by the following vote:
AYES: Commissioners Lanson, Link, and Vice Chair McMahon NOES: None
ABSENT: Commissioner Buss
ABSTAIN: None
on, Vice Chair
Planning Commission
M. Dugan, S retary
ning Commission
cdd:460-20/Resolution-PC/pz (FILE ID: 2022-70828-Z)
Item No.8A
cdd:460-20/Ordinance-CC#01/pz (FILE ID: 2022-70828-Z)
ORDI NANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF THOUSAND OAKS AMENDING THE
THOUSAND OAKS MUNICIPAL CODE RELATING
TO THE OFFICIAL ZONING MAP BY CHANGING
THE ZONING CLASSIFICATION OF THE
PROPERTY LOCATED AT 3020 CRESCENT WAY ;
(ZONE CHANGE 2022-70828-Z)
The City Council of the City of Thousand Oaks does hereby ordain as follows:
Part I
Based upon the information contained in the sta ff report, exhibits, and public testimony at the public hearing, the City Council approved this zone change application with the following findings:
1. The pr
oject is consistent with the Thousand Oaks General Plan and any applicable specific plan or redevelopment plan.
The pr
oposed zone amendment will re -designate the 5,600 square-foot property from Public, Quasi-Public and Institutional Lands and Facilities (P- L) to Residential Planned Development (RP D-12U). Upon adoption of the zone change, the proposed amendment will meet this finding because the General Plan land use designation for th e property i s Medium Density Residential, which will align with the RPD- 12U zoning. The proposed project is consistent with the General Plan policies to “maintain and preserve existing neighborhoods through the application of appropriate zoning and development controls” and “maintain and enhance the present high quality, semi-rural single-family residential character of the Thousand Oaks Planning Area.” Furthermore, the subject site is not located within any applicable specific plan or redevelopment plan. Therefore, the proposed zone amendment meets this finding.
2. The pr
oject has been reviewed in conformance with the provisions of the California Environmental Quality Act.
Thi
s project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines as “…CEQA applies only to project s, which have the potential for causing a significant impact on the environment. Where it can be seen with certainty that there is no possibility that the activity in question ATTACHMENT #5
To 1/9/2023 PC Meeting
Item No.8A
cdd:460-20/Ordinance-CC#01/pz (FILE ID: 2022-70828-Z)
may have a significant effect on the environment, the activity is not subject to CEQA.” The proposed project is to amend the zoning classification of the subject site to align with the general plan land use designation and allow for the property to be occupied as a residential use. Additionally, no changes to the site are proposed as part of this application. As a result, the proposed amendment meets this finding.
Part 2
P
ursuant to Title 9 Zoning Map of the City of Thousand Oaks Municipal Code, Official Zoning Map, is amended to read as follows:
Thousand Oaks Official Zoning Map
The land and other property shown upon the map, attached hereto as Exhibit A and incorporated herein by reference, are zoned according to the zone classification symbols indicated on said map, changing the zoning from (P -L) Public, Quasi-Public and Institutional Lands and Facilities to RPD-12U (Residential Planned Development) for a property located at 3020 Crescent Way (APN-671-0- 193-255).
Part 3
(Uncodified)
Severability
If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this title; it being hereby expressly declared that this title, and each section, subs ection, sentence, clause and phrase hereof, would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Item No.8A
cdd:460-20/Ordinance-CC#01/pz (FILE ID: 2022-70828-Z)
Part 4
(Uncodified)
Effective Date
This Ordinance shall take effect on the thirty-first (31st) day following its final passage and adoption.
PASSED, APPROVED AND ADOPTED THIS MONDAY, JANUARY 24, 2023, by the following vote:
A
yes:
Noes:
Absent:
Kevin McNamee, Mayor
City of Thousand Oaks City Council
ATTEST/CERTIFY:
Laura B. Maguire, City Clerk
City of Thousand Oaks City Council
D
ate Attested: ______________
APPROVED AS TO FORM:
Office of the City Attorney
___ ____
Tracy M. Noonan, City Attorney
APPROVED AS TO ADMINISTRATION:
Andrew P. Powers, City Manager
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.
Item No.8A
P-L
RPD-15U
TPD
RPD-4.5U
P-L
RPD-12U
SPECIFIC PLAN 20
RPD-15U
RPD-12U
Yucca Ln
N Skyline Dr
S Skyline Dr
Royal Oak Dr
Fairv
iew Rd
Hampshire Rd
Crescent Way
E Thousand Oaks Blvd
Los Robles Rd
2022-70828-Z
3010-3012 Crescent Way
, LLC
Existing Zoning
City of Thousand Oaks
Community Development Department
0 150 30075
Feet
Change from P-L
to RPD-12U
EXHIBIT A
U:\cdcjansen\_Notice Maps\2022\2022-70828-Z-CrescentWay.aprx cdd:460-20/Ordinance-CC#01/pz (FILE ID: 2022-70828-z)
Item No.8A
TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:January 24, 2023
SUBJECT: Municipal Code Amendment to Allow Columbarium Use in Residential Zones (2020-70180-MCA)
RECOMMENDATION:
1. Find that this Thousand Oaks Municipal Code Amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to California Government Code Section 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 Municipal Code (TOMC) Title 9, Chapter 4, Article 2 (Definitions) to add “Columbarium,” and to Article 21 (Permitted Use Matrix – Residential Zones) to allow a columbarium as an ancillary use to a permitted religious facility, subject to conditions and approval of a Special Use Permit.
FINANCIAL IMPACT:
No Additional Funding Requested. Minimal staff time required to prepare the report is included in the Adopted FY 2022-23 General Fund Budget.
BACKGROUND:
A columbarium is a structure in the form of a small building or wall containing niches, or single compartments, designed to store the cremated remains of a deceased person within an urn, or enclosed vase. A columbarium wall can be located within a mausoleum building containing crypts and/or tombs within a cemetery or religious facility. Currently, the cities of Westlake Village, Camarillo, Simi Valley, Oxnard, and Ventura have cemeteries and/or religious facilities containing columbaria that were approved through special or conditional use permit processes. Photo examples of columbaria are included as Attachment #1.
On September 29, 1964, the community voted to incorporate the City of Thousand Oaks from an unincorporated County of Ventura area. On October 7, 1964, City Council adopted the Ventura County Ordinance Code as a temporary interim zoning ordinance in accordance with the Government Code of the State of California in effect at that time. This zoning ordinance did not allow columbaria in Item No.8B
MCA to Allow Columbarium Use in Residential Zones (2020-70180-MCA) January 24, 2023
4 9
9 residential zones.
On April 12, 2011, City Council adopted Ordinance No. 1555-NS [Municipal Code Amendment (MCA) 2010-70418], amending sections of the Municipal Code including Title 9, Planning and Zoning, regarding findings for approval of Special Use Permits (SUP). Cemeteries, mausoleums, and columbaria were included in the list of uses allowed under MCA 2010-70418 and are currently allowed in the Light Manufacturing (M-2) Zone as a permitted institutional use with approval of a SUP by the Planning Commission. Neither the original zoning ordinance adopted from the County of Ventura, nor MCA 2010-70418 amendments, allowed columbaria in residential zones.
On March 5, 2020, Holy Trinity Lutheran Church applied for 2020-70180-MCA to allow columbaria in the Residential Zones Permitted Use Matrix of the TOMC. The MCA applicant letter is included as Attachment #2. Holy Trinity Lutheran Church is located at 1 W. Avenida De Los Arboles (Attachment #3) and is approved as a “Place of Worship” through SUP 71-175. The project site is 3.8 acres and contains a permitted church and on-site preschool daycare facility.
City Council Initiation
On April 12, 2022, City Council initiated 2020-70180-MCA declaring the intention to consider a columbarium use ancillary to a permitted religious facility within a residential zone and new development standards, processes, and findings for columbarium installations (Attachment #4).
Approval of this MCA request would allow the applicant, Holy Trinity Lutheran Church, to apply for a columbarium use through the SUP process only as an ancillary use to an approved “Place of Worship” within a residential zone. Approval of a SUP is consistent with the current requirement in the M-2 zone.
Planning Commission Recommendation
On December 5, 2022, the Planning Commission voted 5-0 to approve a motion to recommend City Council adopt the proposed ordinance (Attachment #5), including a minor text adjustment to proposed design standard No. 1 within Part 3 of the Draft Ordinance [TOMC Section 9-4.2106(ff)]:
“(1) Columbarium structures shall be accessory to a permitted religious facility and shall be located behind the main religious facility building(s) with a minimum setback of one hundred (100') feet from the property line along the street frontage, and no closer to the rear and side property lines as the main building(s).” Item No.8B
MCA to Allow Columbarium Use in Residential Zones (2020-70180-MCA) January 24, 2023
4 9
9 Standard No. 1 shall be revised to the following:
“(1) Columbarium structures shall be accessory to a permitted religious facility and shall be located behind the main religious facility building(s), and no closer to the rear and side property lines than the distance prescribed by the underlying zone district.”
The basis for the Planning Commission’s change was to establish a setback standard consistent with minimum requirements for the underlying zone, rather than a standard setback that could preclude smaller properties from accommodating a columbarium. The Planning Commission’s revised language is reflected above.
DISCUSSION/ANALYSIS:
Applicability
Currently, there are 43 “Places of Worship” located within the City limits; 33 are in residential zones. The remaining 10 “Places of Worship” within City limits are located in commercial, industrial, public, or institutional zones.
The attached map of residential zoned properties (Attachment #6) shows all the zones where a columbarium use as ancillary to a “Place of Worship” would be allowed. Additionally, this map shows where the existing 33 “Places of Worship” are located within the highlighted residential zones (including the applicant’s property). Currently, there are no permitted columbaria located within the City’s boundaries. Columbaria are typically seen inside a “Place of Worship,” on religious facility grounds, or within a cemetery. Columbaria are an ancillary use to religious facilities and typically do not generate a significant amount of additional activity.
Special Use Permit
Should City Council approve this MCA request, the applicant will file a SUP for their proposed columbarium on the subject site (Attachment #3). The SUP application will be evaluated for compliance with City standards regarding operations, any proposed site improvements, and the proposed design standards (Attachment #7) adopted through this MCA request.
Amended Sections of TOMC
Staff proposes one (1) new definition to be added to the TOMC, Section 9-
4.202. The full definition is provided below in this report:
Item No.8B
MCA to Allow Columbarium Use in Residential Zones (2020-70180-MCA) January 24, 2023
4 9
9 “Columbarium” shall mean a structure in the form of a small building or wall containing niches, or single compartments, designed to store the cremated remains of a deceased person within an urn, or enclosed vase.
Additionally, staff has drafted development standards (Attachment #7) including design, size, and location of columbaria.
Operations of individual columbaria will be evaluated through separate SUP applications submitted by religious facilities or Places of Worship. Topics such as parking, visitor hours, special events including memorial services, and caretakers/ staff will be addressed for individual columbaria in the required Operations Plans submitted by future SUP applicants.
City Council Final Action
City Council approval of this MCA request would allow future applicants to apply for a columbarium use through a discretionary SUP process only as an ancillary use to an approved “Place of Worship” (religious facility) within a residential zone. A separate field would be added to the Residential Zones Permitted Use Matrix (TOMC Section 9-4.2104) under “Institutional and Civic Uses” for columbarium use. Part 2 in the attached Draft Ordinance shows currently allowed uses and the proposed columbarium use in the Institutional and Civic category for residential zones (Attachment #7).
If this MCA is approved by City Council, it will require the applicant to file a SUP for a columbarium as an ancillary use to a permitted religious facility (Holy Trinity Lutheran Church) within a residential zone. Staff will then process the SUP, present a full report, findings, and draft conditions of approval to the Planning Commission.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goal:
A. Create a more equitable, accessible, safe, welcoming, and inclusive government and community regardless of race, color, ethnicity, religion, sex, physical or mental ability, sexual orientation, gender identity and expression, age, language, education, and/or socio-economic status.
PREPARED BY: Tabitha McAtee, Assistant Planner
Attachments:
Attachment #1 – Photo Examples of Columbaria
Attachment #2 – Letter from Holy Trinity Lutheran Church Item No.8B
MCA to Allow Columbarium Use in Residential Zones (2020-70180-MCA) January 24, 2023
4 9
9 Attachment #3 – Aerial Map of Subject Property
Attachment #4 – Resolution No. 2022-013 Initiating 2020-70180- MCA
Attachment #5 – PC Staff Report with Attachments #1 through #7 (including signed Planning Commission Resolution No. 21-2022 PC)
Attachment #6 – Map of Residential Zoned Properties and “Places of Worship”
Attachment #7 – MCA Ordinance Including Columbaria
Development Standards [TOMC Section 9-4.2106(ff)]
CDD:660-21\tm\H:Common\City Council\CC Agenda Items\2023\01242023\Columbarium\Staff Report.docx\[FILE ID:
2020-70180-MCA]
Item No.8B
MCA 2020-70180 – Holy Trinity Lutheran Church (1 W Avenida de los Arboles) Photo Examples of Columbaria
ATTACHMENT #1t
Item No.8B
CDD:660-21\tm\H:Common\City Council\CC Agenda Items\2023\01242023\Columbarium\Attach 1 Photo Examples of Columbaria.pdf \[FILE ID: 2020-70180-MCA]
Item No.8B
1 West Avenida De Los Arboles, Thousand Oaks, CA 91360-2939 www.htlcto.org [email protected] 805.492.1234 Dear City Council,
We are making a request to the city to allow for the installation of a columbarium. A columbarium is a structure with a series of niches that house the remains of those who have died and been cremated. While we do not know of any of these structures in Thousand Oaks, these structures can be found in cemeteries and churches across the country. We know of Lutheran churches in Long Beach, Fresno, and Santa Maria, California who all have a columbarium.
The structure we are envisioning for our church would not be that large. It will be a brick wall about six to seven feet high and approximately 12 to 14 feet long. The niches that house the small boxes with ashes would face in towards the church patio and a brick façade would face out towards the street to the match the brick of our buildings, or we might put it up against an existing wall that faces in towards a garden on our patio.
One of the concerns we anticipate the city might have is what would happen to the remains or ashes of those interred at the church in the event the church had to close. The letter that is attached is a response to this concern from the Bishop of our Synod. The term “synod” is what we call the ELCA Lutheran churches in a certain geographic area. Our synod covers Los Angeles and extends north to San Luis Obispo.
This letter from the Bishop is to assure the city of Thousand Oaks that in the event the church had to cease its operations at its current location, the remains would become the responsibility of the Synod Office which would then re-locate them to an appropriate area.
Please let us know if you have any further questions or need additional information from us in this regard.
Sincerely,
Pastor Erik Goehner
ATTACHMENT #2
Item No.8B
DRAFT
Southwest California Synod
Evangelical Lutheran
God's work. Our hands.
Church in America
Holy Trinity Lutheran Church
1 W. Avenida De Los Arboles
Thousand Oaks, CA 91360
October 5, 2021
Dear friends in Christ,
I write to give you language for your agreements in regard to the proposed columbarium you wish to build at Holy Trinity Lutheran Church in Thousand Oaks, California.
The grantee acknowledges that the Church cannot guarantee that it will be able to continue operations forever. If and when the time should arise for whatever reason(s) that the columbarium needs to be relocated, changed or dismantled, that determination will be made at the sole discretion of the Church. In the case where the Church is dissolved the control will be transferred to the synod under which the Church was a member at the time of dissolution. Notification of such actions shall be published in the Church newsletter and local newspaper for at least one month prior to such action.
Please contact me with additional questions or language you may require.
In Christ’s Service,
Bishop Brenda Bos
1300 E. Colorado Street • Glendale, CA 91205 • Phone: 818.507.9591 • www.s ocalsynod.org CDD:660-21\tm\H:Common\City Council\CC Agenda Items\2023\01242023\Columbarium\Attach 2 Letter from Holy Trinity Lutheran Church.pdf\[FILE ID: 2020-70180-MCA]
Item No.8B
Mountclef Bl
Atlas Av
W Avenida De Los Arboles
U:\cdcjansen\_Case Maps\2020\2020-70180-ColumbariumUse.aprx City of Thousand Oaks
Community Development Department0 75 150 22537.5
Feet
Subject
Property
MCA 2020-70180
Holy Trinity Lutheran Church
Aerial Map
ATTACHMENT #3
CDD:660-21\tm\H:Common\City Council\CC Agenda Items\2023\01242023\Columbarium\Attach 3 Ariel Map of Subject Property.pdf\[FILE ID: 2020-70180-MCA]
Item No.8B
DocuSign Envelope ID: 5401EAB0- 008D- 488F- 9CA5- 58F1352F7F9C RESOLUTION NO. 2022- 013
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF THOUSAND OAKS DECLARING
INTENTION TO CONSIDER AN AMENDMENT TO
THE THOUSAND OAKS MUNICIPAL CODE TO
REVISE CODE SECTION 9- 4. 2104 FOR THE
ADDITION OF " COLUMBARIUM USE" AS
ANCILLARY TO " PLACES OF WORSHIP" ( MCA
2020- 70180)
WHEREAS, it is the intention of the Thousand Oaks City Council to consider an amendment to the Municipal Code ( Sec. 9-4.2104) to modify the existing Residential Zones Permitted Use Matrix of the Thousand Oaks Municipal Code to allow the columbarium use in Residential Zones ancillary to " Places of Worship" with approval of a Special Use Permit ( SUP); and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Thousand Oaks, that this matter is hereby referred to the Planning Commission for public hearing and recommendation back to the City Council pursuant to Article 29 of Chapter 4 of Title 9 of the Thousand Oaks Municipal Code as well as California Government Code sections 65353 and 65354.
PASSED AND ADOPTED this 12' day of April, 2022, by the following vote:
Ayes: Councilmembers Adam, McNamee, Jones, and Mayor Engler Noes: None
Absent: Councilmember Bill - de la Pena DocuSigned by:
rd04—
Bob Engler, Mayor
City of Thousand Oaks, California
ATTEST/ CERTIFY:
yDocuSign/edd
by:
1441
Cynthia M. Rodriguez, City Clerk
4/ 13/ 2022
Date Attested:
APPROVED AS TO FORM:
Office of the City Attorney
DoocuSigned by:
I
Tracy M. Noonan, City Attorney
CDD: 660- 21:/ Resolution- Council/ pz ( FILE IDACA 2020- 70180)
I* ailkI >, k1001191
ATTACHMENT #4
Item No.8B
DocuSign Envelope ID: 5401 EAB0- 008D- 488F- 9CA5- 58F1352F7F9C APPROVED AS TO ADMINISTRATION:
DocuSigned by:
Andrew P. Powers, City Manager
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.
CDD: 660- 21:/ Resolution- Council/ pz ( FILE ID:MCA 2020- 70180)
Item No.8B
ATTACHMENT #5
TO: Planning Commission
FROM:
DATE:
John Dugan, Deputy Community Development Director
December 5, 2022
SUBJECT: Municipal Code Amendment to Allow Columbarium Use in Residential Zones (MCA 2020-70180)
APPLICANT: Holy Trinity Lutheran Church
LOCATION: Citywide
REQUEST:
Consider amending Article 21 of Chapter 4 of Title 9 (Permitted Use Matrix – Residential Zones) to allow a columbarium as an ancillary use to a permitted religious facility, subject to approval of a Special Use Permit. This project qualifies as exempt from the California Environmental Quality Act (CEQA) Guidelines under Section 15061(b)(3), Common Sense Exemption.
RECOMMENDATION:
That the Planning Commission adopt a Resolution (Attachment #1) thereby forwarding the following recommendations to City Council:
1. Find that this Municipal Code Amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to California Government Code Section 15061(b)(3); and
2. Approve amendments to the Thousand Oaks Municipal Code (TOMC) as described in Attachment #2.
PLANNING COMMISSION REVIEW:
Thousand Oaks Municipal Code (TOMC) Section 9-4.2914(a) requires that the Planning Commission provide a recommendation to City Council for proposed amendments to the provisions of Chapter 4 of Title 9 (Zoning) of the Municipal Code.
Item No.8B
MCA 2020-70180 – Holy Trinity Lutheran Church, Columbarium Use December 5, 2022
BACKGROUND:
On March 5, 2020, Holy Trinity Lutheran Church applied for Municipal Code Amendment (MCA) 2020-70180 to allow columbaria in the Residential Zones Permitted Use Matrix of the TOMC. The MCA applicant letter is included as Attachment #3. Holy Trinity Lutheran Church is located at 1 W Avenida De Los Arboles (Attachment #4) is approved as a “Place of Worship” through SUP 71- 175. The project site is 3.8 acres and contains a permitted church and on-site pre-school daycare facility.
A columbarium is a structure in the form of a small building or wall containing niches, or single compartments, designed to store the cremated remains of a deceased person within an urn, or enclosed vase. A columbarium wall can be located within a mausoleum building containing crypts and/or tombs within a cemetery or religious facility. Currently, the cities of Westlake Village, Camarillo, Simi Valley, Oxnard, and Ventura have cemeteries and/or religious facilities containing columbaria that were approved through special or conditional use permit processes. Photo examples of columbaria are included as Attachment #5.
On September 29, 1964, the community voted to incorporate the City of Thousand Oaks from an unincorporated County of Ventura area. On October 7, 1964, City Council adopted the Ventura County Ordinance Code as a temporary interim zoning ordinance in accordance with the Government Code of the State of California in effect at that time. This zoning ordinance did not allow columbaria in residential zones.
On April 12, 2011, City Council adopted Ordinance No. 1555-NS [MCA 2010- 70418], amending sections of the Municipal Code including Title 9, Planning and Zoning, regarding findings for approval of Special Use Permits (SUP).
Cemeteries, mausoleums, and columbaria were included in the list of uses allowed under MCA 2010-70418 and are currently allowed in the Light Manufacturing (M-2) Zone as a permitted institutional use with approval of a SUP by the Planning Commission. Neither the original zoning ordinance adopted from the County of Ventura, nor MCA 2010-70418 amendments allowed columbaria in residential zones.
Approval of this MCA request would allow future applicants to apply for a columbarium use through a discretionary SUP process only as an ancillary use to an approved “Place of Worship” (religious facility) within a residential zone. If this MCA is recommended for approval to City Council by the Planning Commission and subsequently approved by City Council, it will require the applicant to file a SUP for a columbarium as an ancillary use to a permitted religious facility (Holy Trinity Lutheran Church) within a residential zone. Staff will then process the Item No.8B
MCA 2020-70180 – Holy Trinity Lutheran Church, Columbarium Use December 5, 2022
SUP, present a full report, findings, and draft conditions of approval to the Planning Commission. A draft Planning Commission Resolution recommending approval of a Municipal Code Amendment (MCA 2020-70180) to City Council allowing columbarium use in residential zones is included as Attachment #1.
DISCUSSION/ANALYSIS:
MCA Initiation
On April 12, 2022, City Council initiated MCA 2020-70180 declaring the intention to consider a columbarium use ancillary to a permitted religious facility within a residential zone and new development standards, processes, and findings for columbarium installations (see Attachment #6 – City Council Resolution No. 2022-013 initiating MCA 2020-70180).
Approval of this MCA request would allow the applicant, Holy Trinity Lutheran Church, to apply for a columbarium use through the SUP process only as an ancillary use to an approved “Place of Worship” within a residential zone.
Approval of a SUP is consistent with the current requirement in the M-2 zone. A separate field would be added to the Residential Zones Permitted Use Matrix (TOMC Section 9-4.2104) under “Institutional and Civic Uses” for columbarium use (Attachment #2). The attached exhibit shows currently allowed uses and the proposed columbarium use in the Institutional and Civic category for residential zones.
Applicability
Currently, there are 43 “Places of Worship” located within the city limits; 33 of them are in residential zones. The remaining 10 “Places of Worship” within City limits are located in commercial, industrial, public, or institutional zones.
The attached map of residential zoned properties (Attachment #7) shows all the zones where a columbarium use as ancillary to a “Place of Worship” would be allowed. Additionally, this map shows where the existing 33 “Places of Worship” are located within the highlighted residential zones (including the applicant’s property). Currently, there are no permitted columbaria located within the City’s boundaries. Columbaria are typically seen inside a “Place of Worship,” on religious facility grounds, or within a cemetery. Columbaria are an ancillary use to religious facilities and typically do not generate a significant amount of additional activity.
Item No.8B
MCA 2020-70180 – Holy Trinity Lutheran Church, Columbarium Use December 5, 2022
Special Use Permit
Upon Planning Commission recommendation and approval of this MCA request by City Council, the applicant will file a SUP for their proposed columbarium on the subject site (Attachment #4). The SUP application will be evaluated for compliance with City standards regarding operations, any proposed site improvements, and the proposed design standards (Attachment #2) adopted by City Council through this MCA request.
Amended Sections of TOMC
Staff proposes one (1) new definition to be added to the TOMC, Section 9-4.202.
The full definition is provided below in this report:
• “Columbarium” shall mean a structure in the form of a small building or wall containing niches, or single compartments, designed to store the cremated remains of a deceased person within an urn, or enclosed vase.
Additionally, staff has drafted development standards (Attachment #2) including design, size, and location of columbaria.
Operations of individual columbaria will be evaluated through separate SUP applications submitted by religious facilities or Places of Worship. Topics such as parking, visitor hours, special events including memorial services, and caretakers/staff will be addressed for individual columbaria in the required Operations Plans submitted by future SUP applicants.
ENVIRONMENTAL REVIEW:
The project has been determined to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to California Government Code Section 15061(b)(3) of the State CEQA Guidelines as “…CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” The proposed MCA will restrict the construction of new columbaria ancillary to a religious facility subject to a future discretionary permit entitlement. Potential impacts related to operations of a columbarium use within a “Place of Worship” would be addressed through the SUP process and subject to a separate project specific environmental review. Therefore, this project would not have a significant effect on the environment and is exempt from further review under CEQA.
Item No.8B
MCA 2020-70180 – Holy Trinity Lutheran Church, Columbarium Use December 5, 2022
CONCLUSION:
Columbaria are typically allowed in conjunction with “Places of Worship” or cemeteries in other local jurisdictions. “Places of Worship” are allowed in residential zones where the majority of the City’s religious facilities are located.
The project will not be detrimental to the public health, safety or general welfare and is consistent with the Thousand Oaks General Plan. Potential impacts related to operations of a columbarium use within a “Place of Worship” would be addressed through the SUP process. Therefore, staff recommends that the Planning Commission adopt the attached Draft Resolution (Attachment #1) recommending approval of this Municipal Code Amendment request to City Council as outlined above.
Prepared by: Tabitha McAtee, Assistant Planner
Attachments:
Attachment #1 – Draft Planning Commission Resolution
Attachment #2 – Draft Ordinance Including Columbaria Development Standards [TOMC Section 9-4.2106(ff)]
Attachment #3 – Letter from Holy Trinity Lutheran Church Attachment #4 – Aerial Map of Subject Property
Attachment #5 – Photo Examples of Columbaria
Attachment #6 – Resolution No. 2022-013 Initiating MCA 2020-70180 Attachment #7 – Map of Residential Zoned Properties and “Places of Worship”
cdd:660-21/Staff Report-Planning Cmsn/pz (FILE ID: MCA 2020-70180) Item No.8B
ATTACHMENT # 1
(To 12/5/2022 PC Meeting)
CITY OF THOUSAND OAKS
PLANNING COMMISSION
RESOLUTION NO. ___-2022 PC
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF THOUSAND OAKS
RECOMMENDING THAT THE CITY COUNCIL
ADOPT AN ORDINANCE AMENDING THE
THOUSAND OAKS MUNICIPAL CODE ARTICLE 21
TO TITLE 9, CHAPTER 4 TO ALLOW
COLUMBARIUM USE ANCILLARY TO A PERMITTED
RELIGIOUS FACILITY IN RESIDENTIAL ZONES AND
ESTABLISH NEW DEVELOPMENT AND ZONING
STANDARDS RELATED TO COLUMBARIUM USE IN
RESIDENTIAL ZONES. (MCA 2020-70180)
Application: MCA 2020-70180
Applicant:
Location:
Holy Trinity Lutheran Church
Citywide
SECTION 1
The Planning Commission of the City of Thousand Oaks, California, DOES RESOLVE AS FOLLOWS:
WHEREAS, on April 12, 2022, the City Council of the City of Thousand Oaks adopted a resolution declaring intention to consider an amendment to the Thousand Oaks Municipal Code to revise Code Section 9.4-2104 for the addition of “Columbarium Use” as ancillary to “Places of Worship;” and WHEREAS, the Planning Commission, upon giving the required notice, did, on the 5th day of December 2022, conduct a duly advertised public hearing as prescribed by law to consider said application; and
WHEREAS, at the December 5, 2022 public hearing, oral and written evidence, including a staff report, were presented and received, and arguments were heard from all interested parties appearing in the matter. cdd:660-21/Planning Cmsn Reso/pz (FILE ID: MCA 2020-70180)
Item No.8B
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends that MCA 2020-70180 be approved by the City Council of the City of Thousand Oaks by the adoption of an ordinance to amend the Thousand Oaks Municipal Code to allow a columbarium as an ancillary use to a permitted religious facility, subject to approval of a Special Use Permit.
SECTION 2
WHEREAS, the findings of the Planning Commission for recommending approval of said Municipal Code Amendment application MCA 2020-70180 are as follows:
1. The project is consistent with the Thousand Oaks General Plan and any applicable specific plan or redevelopment plan per TOMC Sec. 9-4.2803(c)(1).
2. The project complies with all applicable laws, regulations and policies, including the Thousand Oaks Municipal Code per TOMC Sec. 9-4.2803(c)(2).
3. The project will not be detrimental to the public health, safety or general welfare per TOMC Sec. 9-4.2803(c)(3).
4. The project has been reviewed in conformance with the provisions of the California Environmental Quality Act per TOMC Sec. 9-4.2803(c)(4).
The project has been determined to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to California Government Code Section 15061(b)(3) of the State CEQA Guidelines as “…CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” The proposed MCA will restrict the construction of new columbaria ancillary to a religious facility subject to a future discretionary permit entitlement. Potential impacts related to operations of a columbarium use within a “Place of Worship” would be addressed through the SUP process and subject to a separate project specific environmental review. Therefore, this project would not have a significant effect on the environment and is exempt from further review under CEQA.
cdd:660-21/Planning Cmsn Reso/pz (FILE ID: MCA 2020-70180)
Item No.8B
SECTION 3
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that City Council approve the Municipal Code Amendment 2020- 70180 set forth and attached hereto and made a part hereof.
I HEREBY CERTIFY that the foregoing resolution reflects action taken by the Planning Commission of the City of Thousand Oaks at a regular meeting held on the 5th day of December 2022, by the following vote:
AYES: COMMISSIONERS
COMMISSIONERS
COMMISSIONERS
NOES:
ABSENT:
ABSTAIN: COMMISSIONERS
David Newman, Chair
Planning Commission
John M. Dugan, Secretary
Planning Commission
cdd:660-21/Planning Cmsn Reso/pz (FILE ID: MCA 2020-70180)
Item No.8B
ATTACHMENT #2
(To 12/5/2022 PC Meeting)
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF THOUSAND OAKS AMENDING THE
THOUSAND OAKS MUNICIPAL CODE ARTICLE 21
TO TITLE 9, CHAPTER 4 TO ALLOW
COLUMBARIUM USE ANCILLARY TO A PERMITTED
RELIGIOUS FACILITY IN RESIDENTIAL ZONES AND
ESTABLISH NEW DEVELOPMENT AND ZONING
STANDARDS RELATED TO COLUMBARIUM USE IN
RESIDENTIAL ZONES. (MCA 2020-70180)
The City Council of the City of Thousand Oaks does hereby ordain as follows:
Part 1
The following definition is added to Section 9-4.202 (Definitions) of Article 2 of the Thousand Oaks Municipal Code:
“Columbarium” shall mean a structure in the form of a small building or wall containing niches, or single compartments, designed to store the cremated remains of a deceased person within an urn, or enclosed vase.
Part 2
Section 9-4.2104 (Permitted use matrix – Residential zones) of Article 21 of the Thousand Oaks Municipal Code is amended to read as follows:
Land Use
Category
Residential Zoning Classifications
R-1 R-2 R-3 RPD RPD HPD HPD TPDR-A R-E R-O
- -
SFD SFD
…
cdd:660-21/City Council Ordinance/pz (FILE ID: MCA 2020-70180)
Item No.8B
Institutional and Civic Uses
Places of worship
(religious facilities)
SUP SUP SUP SUP SUP SUP SUP SUP SUP
SUP SUP SUP SUP SUP SUP SUP
SUP SUP
Columbaria SUP SUP
Fraternal lodges
and clubs
Park and
recreational
facilities
HPD HPD
Part 3
Section 9-4.2106(ff) (Limitations on specific uses) of Article 21 of the Thousand Oaks Municipal Code is added to read as follows:
Where indicated in the matrix, a specific use is limited in size, scope or nature pursuant to the following provisions:
…
(ff) Columbarium structures in residential zones. Where religious facilities are permitted, columbarium structures are subject to the following conditions and limitations:
(1) Columbarium structures shall be accessory to a permitted religious facility and shall be located behind the main religious facility building(s) with a minimum setback of one hundred (100') feet from the property line along the street frontage, and no closer to the rear and side property lines as the main building(s).
(2) The maximum cumulative size of columbarium structure(s) shall not exceed six hundred (600) square feet.
(3) No columbarium structure shall exceed fifteen (15’) feet in height. (4) In the event the religious facility ceases its operations at its permitted location, the remains within the columbarium structure(s) are required to be transferred to another off-site facility.
(5) Columbarium structures shall be permissible only on parcels legally created prior to July 1, 2011, which as of that date have a lot depth that is more than four (4) times the lot width.
cdd:660-21/City Council Ordinance/pz (FILE ID: MCA 2020-70180)
Item No.8B
Part 4
(Uncodified)
Severability
If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this title; it being hereby expressly declared that this title, and each section, subsection, sentence, clause and phrase hereof, would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Part 5
(Uncodified)
Effective Date
This Ordinance shall take effect on the thirty-first (31st) day following its final passage and adoption.
PASSED AND ADOPTED THIS XXth DAY OF XXX, 2022.
________________________________
Bob Engler, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
__________________________
Laura B. Maguire, City Clerk
Date Attested: ______________
APPROVE AS TO FORM: APPROVE AS TO ADMINISTRATION:
_________________________
Tracy M. Noonan, City Attorney
________________________________
Andrew P. Powers, City Manager
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. cdd:660-21/City Council Ordinance/pz (FILE ID: MCA 2020-70180)
Item No.8B
ATTACHMENT #3
(To 12/5/2022 PC Meeting)
Dear City Council,
We are making a request to the city to allow for the installation of a columbarium. A columbarium is a structure with a series of niches that house the remains of those who have died and been cremated. While we do not know of any of these structures in Thousand Oaks, these structures can be found in cemeteries and churches across the country. We know of Lutheran churches in Long Beach, Fresno, and Santa Maria, California who all have a columbarium.
The structure we are envisioning for our church would not be that large. It will be a brick wall about six to seven feet high and approximately 12 to 14 feet long. The niches that house the small boxes with ashes would face in towards the church patio and a brick façade would face out towards the street to the match the brick of our buildings, or we might put it up against an existing wall that faces in towards a garden on our patio.
One of the concerns we anticipate the city might have is what would happen to the remains or ashes of those interred at the church in the event the church had to close. The letter that is attached is a response to this concern from the Bishop of our Synod. The term “synod” is what we call the ELCA Lutheran churches in a certain geographic area. Our synod covers Los Angeles and extends north to San Luis Obispo.
This letter from the Bishop is to assure the city of Thousand Oaks that in the event the church had to cease its operations at its current location, the remains would become the responsibility of the Synod Office which would then re-locate them to an appropriate area.
Please let us know if you have any further questions or need additional information from us in this regard.
Sincerely,
Pastor Erik Goehner
1 West Avenida De Los Arboles, Thousand Oaks, CA 91360-2939 www.htlcto.org [email protected] 805.492.1234
Item No.8B
Southwest California Synod
Evangelical Lutheran Church in America
God's work. Our hands.
Holy Trinity Lutheran Church
1 W. Avenida De Los Arboles
Thousand Oaks, CA 91360
October 5, 2021
Dear friends in Christ,
I write to give you language for your agreements in regard to the proposed columbarium you wish to build at Holy Trinity Lutheran Church in Thousand Oaks, California.
The grantee acknowledges that the Church cannot guarantee that it will be able to continue operations forever. If and when the time should arise for whatever reason(s) that the columbarium needs to be relocated, changed or dismantled, that determination will be made at the sole discretion of the Church. In the case where the Church is dissolved the control will be transferred to the synod under which the Church was a member at the time of dissolution. Notification of such actions shall be published in the Church newsletter and local newspaper for at least one month prior to such action.
Please contact me with additional questions or language you may require.
In Christ’s Service,
Bishop Brenda Bos
1300 E. Colorado Street • Glendale, CA 91205 • Phone: 818.507.9591 • www.socalsynod.org cdd:660-21/Staff Report-Planning Cmsn/pz (FILE ID: MCA 2020-70180) Item No.8B
ATTACHMENT #4
(To 12/5/2022 PC Meeting)
MCA 2020-70180
Holy Trinity Lutheran Church
Aerial Map
Subject
Property
U:\cdcjansen\_Case Maps\2020\2020-70180-ColumbariumUse.aprx City of Thousand Oaks
Community Development Department
Feet
2250 37.5 75 150
Item No.8B
ATTACHMENT #5
(To 12/5/2022 PC Meeting)
MCA 2020-70180 – Holy Trinity Lutheran Church (1 W Avenida de los Arboles) Photo Examples of Columbaria
Item No.8B
cdd:660-21/Staff Report-Planning Cmsn/pz (FILE ID: MCA 2020-70180) Item No.8B
ATTACHMENT #6
(To 12/5/2022 PC Meeting)
Item No.8B
Item No.8B
ATTACHMENT #7
(To 12/5/2022 PC Meeting)
MCA 2020-70180
Holy Trinity Lutheran Church
Places of Worship in Residential Zones
Site
23 101
City of Thousand Oaks
Community Development Department
Feet
10,0000 2,500 5,000 U:\cdcjansen\_Case Maps\2020\2020-70180-ColumbariumUse.aprx Item No.8B
Item No.8B
Item No.8B
Item No.8B
ATTACHMENT #6
MCA 2020-70180
Holy Trinity Lutheran Church
Places of Worship in Residential Zones
Site
23 101
City of Thousand Oaks
Community Development Department
Feet
10,0000 2,500 5,000 U:\cdcjansen\_Case Maps\2020\2020-70180-ColumbariumUse.aprx CDD:660-21\tm\H:Common\City Council\CC Agenda Items\2023\01242023\Columbarium\Attach 6 Map of Residential Zoned Properties and Places of Worship.pdf\[FILE ID:
2020-70180-MCA]
Item No.8B
CDD:660-21\tm\H:Common\City Council\CC Agenda Items\2023\01242023\Columbaria\Attachment 7 MCA Ordinance Including Columbaria.docx\ [FILE ID: 2020-70180-MCA]
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF THOUSAND OAKS AMENDING THE
THOUSAND OAKS MUNICIPAL CODE ARTICLE 21
TO TITLE 9, CHAPTER 4 TO ALLOW
COLUMBARIUM USE ANCILLARY TO A PERMITTED
RELIGIOUS FACILITY IN RESIDENTIAL ZONES AND
ESTABLISH NEW DEVELOPMENT AND ZONING
STANDARDS RELATED TO COLUMBARIUM USE IN
RESIDENTIAL ZONES. (2020-70180-MCA)
The City Council of the City of Thousand Oaks does hereby ordain as follows:
Part 1
The following definition is added to Section 9-4.202 (Definitions) of Article 2 of the Thousand Oaks Municipal Code:
“Columbarium” shall mean a structure in the form of a small building or wall containing niches, or single compartments, designed to store the cremated remains of a deceased person within an urn, or enclosed vase.
Part 2
Section 9-4.2104 (Permitted use matrix – Residential zones) of Article 21 of the Thousand Oaks Municipal Code is amended to read as follows:
Residential Zoning ClassificationsLand Use
Category
R-A R-E R-O R-1 R-2 R-3 RPD RPD
-
SFD
HPD HPD
-
SFD
TPD
…
ATTACHMENT #7
Item No.8B
CDD:660-21\tm\H:Common\City Council\CC Agenda Items\2023\01242023\Columbaria\Attachment 7 MCA Ordinance Including Columbaria.docx\ [FILE ID: 2020-70180-MCA]
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Institutional and Civic Uses
Places of worship
(religious facilities)
SUP SUP SUP SUP SUP SUP SUP SUP SUP
Columbaria SUP SUP SUP SUP SUP SUP SUP SUP SUP
Fraternal lodges
and clubs
SUP SUP
Park and
recreational
facilities
HPD HPD
Part 3
Section 9-4.2106(ff) (Limitations on specific uses) of Article 21 of the Thousand Oaks Municipal Code is added to read as follows:
Where indicated in the matrix, a specific use is limited in size, scope or nature pursuant to the following provisions:
…
(ff) Columbarium structures in residential zones. Where religious facilities are permitted, columbarium structures are subject to the following conditions and limitations:
(1) Columbarium structures shall be accessory to a permitted religious facility and shall be located behind the main religious facility building(s), and no closer to the rear and side property lines than the distance prescribed by the underlying zone district.
(2) The maximum cumulative size of columbarium structure(s) shall not exceed six hundred (600) square feet.
(3) No columbarium structure shall exceed fifteen (15’) feet in height. (4) In the event the religious facility ceases its operations at its permitted location, the remains within the columbarium structure(s) are required to be transferred to another off-site facility.
(5) Columbarium structures shall be permissible only on parcels legally created prior to July 1, 2011, which as of that date have a lot depth that is more than four (4) times the lot width.
Item No.8B
CDD:660-21\tm\H:Common\City Council\CC Agenda Items\2023\01242023\Columbaria\Attachment 7 MCA Ordinance Including Columbaria.docx\ [FILE ID: 2020-70180-MCA]
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Part 4
(Uncodified)
Severability
If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this title; it being hereby expressly declared that this title, and each section, subsection, sentence, clause and phrase hereof, would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Part 5
(Uncodified)
Effective Date
This Ordinance shall take effect on the thirty-first (31st) day following its final passage and adoption.
PASSED AND ADOPTED THIS XX DAY OF XXXXX, 202X, by the following vote:
Ayes:
Noes:
Absent:
Kevin McNamee, Mayor
City of Thousand Oaks City Council
ATTEST/CERTIFY:
Laura B. Maguire, City Clerk
City of Thousand Oaks City Council
Date Attested: ______________
Item No.8B
CDD:660-21\tm\H:Common\City Council\CC Agenda Items\2023\01242023\Columbaria\Attachment 7 MCA Ordinance Including Columbaria.docx\ [FILE ID: 2020-70180-MCA]
2 8
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APPROVED AS TO FORM:
Office of the City Attorney
_______
Tracy M. Noonan, City Attorney
APPROVED AS TO ADMINISTRATION:
Andrew P. Powers, City Manager
Introduced: XXXX XX, 202X
Published: XXXX XX, 202X
Ordinance No.: XXXX-NS
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.
Item No.8B
TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:January 24, 2023
SUBJECT: Temporary Outdoor Dining Areas Extension and Outdoor Dining Standards Municipal Code Amendment
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. Adopt resolution initiating Municipal Code Amendment (MCA) 2022-70001 and authorizing retention of permitted temporary outdoor dining areas for the period the MCA is being processed.
FINANCIAL IMPACT:
No Additional Funding Requested. Minimal staff time required to prepare the report is included in the Adopted FY 2022-23 General Fund Budget.
BACKGROUND:
On May 24, 1994, City Council adopted regulations and an application process for evaluating and permitting “Outdoor Customer Dining Areas” as an ancillary use for restaurants. These standards, amongst others, allow for seating areas up to five (5) tables with four (4) chairs at each table, without requiring a provision of additional parking, whereas prior to this exemption, all dining areas required one (1) parking space for each 45 square feet.
On December 19, 1995, City Council adopted additional refinements to the “Outdoor Customer Dining Areas” by adding a definition of indoor and outdoor dining areas and modifying the landscaping setback requirement.
On March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency relating to the threat of the COVID-19 pandemic. On March 12, 2020, the Governor ordered that all residents heed any order and guidance issued by state and local public health officials. On the same day, Ventura County Public Health Officer proclaimed a local public health emergency.
Item No.10A
Temporary Outdoor Dining Areas Extension and Outdoor Dining Standards MCA January 24, 2023
5 0
0 On March 16, 2020, the Governor issued a “Stay at Home Order” (Order) to bend the curve and disrupt the spread of the virus. The Ventura County Public Health Officer followed suit and proclaimed a local “Stay at Home Order.” On March 17, 2020, in response to the Order, City Council adopted Resolution 2020-10 proclaiming a local emergency and establishing certain emergency orders. This resolution additionally assigned the City Manager as the Director of Emergency Services to implement the orders.
On May 26, 2020, City Council authorized the City Manager and City Attorney the ability to allow expansion of restaurant footprints to accommodate temporary outdoor dining and waive certain municipal code requirements to accommodate these seating areas. In response, the City Manager and City Attorney directed staff to establish a virtual online permitting application to accomplish two things; 1) allow for a no-fee expedited application process; and 2) apply standard conditions for design, installation, maintenance, and establish a time limitation for these temporary dining areas.
An online application process went live on May 27, 2020. Since that time, the City has approved 36 temporary outdoor customer dining permits, some of which included multiple restaurants.
On October 17, 2022, Governor Newsom announced that the COVID-19 State of Emergency will end on February 28, 2023. Since the temporary permits expire 30 days after the Order is lifted, or March 30, 2023, staff is recommending initiation of MCA 2022-70001 (Attachment #1) for further evaluation.
DISCUSSION/ANALYSIS:
At the onset of the Order, City Council prioritized implementing emergency orders and providing assistance to the local business community. In that vein, City Council directed the City Manager to establish a process to accommodate temporary outdoor dining areas and waive requirements that typically apply to these uses.
Staff created a permitting process and uniform set of conditions (sample in Attachment #2) applicable to all requests for temporary outdoor dining. These standard conditions were established to guide the restaurant owner in designing their outdoor dining area and to ensure they complied with disabled access, safety standards, and that the areas were properly maintained. An expiration condition was also included to advise that these areas are temporary and must be removed within 30 days after the Emergency Order is lifted.
Item No.10A
Temporary Outdoor Dining Areas Extension and Outdoor Dining Standards MCA January 24, 2023
5 0
0 Permanent outdoor customer dining areas have historically been allowed subject to complying with all applicable municipal code standards. In 1994, specific standards were adopted that customized development parameters for outdoor dining areas, which reduced or eliminated certain development code requirements.
These regulations were developed to encourage the installation of outdoor customer dining areas to activate exterior portions of restaurant operations. This ordinance was codified as section 9-4.2523 of the Thousand Oaks Municipal Code (TOMC) (Attachment #3).
Since adoption of the revised development requirements for outdoor dining, approximately 52 Minor Modification permits have been approved for permanent outdoor dining, with the majority of these providing five (5) tables with four (4) chairs each to avoid affecting parking demand. After establishment of the Temporary Outdoor Dining Permits, 36 temporary areas have been approved.
Staff has also observed many unpermitted outdoor dining areas installed as well.
Over the past year, the City has received numerous inquiries regarding the status of the Order and questions regarding how lifting the Order will affect temporary dining areas. Staff’s response has been twofold: 1) the expiration on the retention of temporary outdoor dining is 30 days after the Order is lifted, which is now scheduled for February 28, 2023; and 2) the City has a permitting process and development standards for accommodating permanent facilities.
Enforcement of 30-day Removal Requirement
While preparing standard conditions to allow for and expedite the permitting process for temporary dining spaces, staff anticipated restaurant operators becoming accustomed to using these areas as part of their normal business operations. Due to code and design standard deviations, such as parking, landscape setback, enclosure requirements, and aesthetics, staff incorporated a time limitation to remove the areas upon removal of the Order.
The City currently has a process for evaluating and permitting permanent outdoor dining areas. Restaurant owners can submit a request for permanent outdoor dining, with the caveat that the design, location, and accessibility comply with the existing code provisions. The majority, if not all, of the temporary installations do not comply with all aspects of the outdoor dining ordinance. Many are installed in parking areas, utilize concrete or plastic K-Rails as perimeter enclosures, fabric covers, or are on a sidewalk within the public right-of-way.
If City Council elects to initiate the MCA and direct staff to evaluate additional code modifications related to outdoor dining, staff recommends City Council also establish a stay on enforcement of the removal of temporary outdoor dining areas Item No.10A
Temporary Outdoor Dining Areas Extension and Outdoor Dining Standards MCA January 24, 2023
5 0
0 for the period of time the provisions are being evaluated. This action would only apply to those outdoor dining areas that do not pose a public safety hazard, such as those blocking egress or disabled access paths of travel.
If, on the other hand, City Council does not initiate the Municipal Code Amendment and/or grant additional time for the temporary dining areas, the approved “Temporary Outdoor Dining Permits” will expire on March 30, 2023, and those facilities authorized under those permits will need to be removed. Staff will initially send letters to those locations reminding them of their obligation to remove the temporary outdoor dining areas. If they are not removed, appropriate compliance measures will be taken, such as initiation of a Code Compliance investigation.
Initiation
If the MCA is initiated, staff will evaluate the appropriateness of existing standards and potential modifications to certain existing development standards related to outdoor dining, including, but not limited to:
•Landscaping
•Setbacks
•Parking requirements
•Design
•Safety
•Accessibility
Staff will also review standards adopted by other agencies applicable to outdoor dining.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
B. Provide municipal government leadership which is open and responsive to residents, and is characterized by ethical behavior, stability, promoting public trust, transparency, confidence in the future, and cooperative interaction among civic leaders, residents, business representatives, and staff, while recognizing and respecting legitimate differences of opinion on critical issues facing the City.
Item No.10A
Temporary Outdoor Dining Areas Extension and Outdoor Dining Standards MCA January 24, 2023
5 0
0 C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
PREPARED BY: Stephen Kearns, Planning Division Manager
Attachments:
Attachment #1 – Resolution Initiating MCA and Establishing a Limited Stay of Enforcement for Outdoor Dining Areas
Attachment #2 – Sample Temporary Outdoor Dining Permit
Attachment #3 – Section 9-4.2523 of TOMC “Outdoor Customer Dining Area” standards
H:Common/CDD/660-21/shk/CityCouncil/CCAgendaItems/2021/01242023/OutdoorCustomer Dining Areas Item No.10A
CDD:660-21/Resolution-Council/pz (FILE ID:MCA 2022-70001)
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF THOUSAND OAKS DECLARING
INTENTION TO CONSIDER AN AMENDMENT TO
THE THOUSAND OAKS MUNICIPAL CODE TO
REVISE CODE SECTION 9-4.2523 FOR REVISIONS
TO DESIGN AND DEVELOPMENT STANDARDS
PERTAINING TO RESTAURANT OUTDOOR
CUSTOMER DINING AREAS (MCA 2022-70001)
WHEREAS, it is the intention of the Thousand Oaks City Council to consider an amendment to the Municipal Code (Sec. 9-4.2523) to modify the existing Outdoor Customer Dining Areas design and development standards, and; WHEREAS, initiation of this Municipal Code Amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(2) and (3) under Section 15061(b)(3), Common Sense Exemption, and;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Thousand Oaks, that this matter is hereby referred to the Planning Commission for public hearing and recommendation back to the City Council pursuant to Article 29 of Chapter 4 of Title 9 of the Thousand Oaks Municipal Code as well as California Government Code sections 65353 and 65354.
PASSED AND ADOPTED this 24 th day of January, 2023, by the following vote:
Ayes:
Noes:
Absent:
Kevin McNamee, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
_________________________
Laura B. Maguire, City Clerk
Date Attested:
ATTACHMENT #1
Item No.10A
CDD:660-21/Resolution-Council/pz (FILE ID:MCA 2022-70001)
APPROVED AS TO FORM: APPROVED AS TO ADMINISTRATION:
Office of the City Attorney
_________________________ _______________________________ Tracy M. Noonan, City Attorney Andrew P. Powers, City Manager 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.
Item No.10A
Cdd:420.46/AdminApproval/pz (FILE ID:TDE 2020-70488)
TEMPORARY OUTDOOR DINING EXPANSION PERMIT (TDE)
PERMIT NO.: TDE 2020-70488
LOCATION: 1940 Newbury Road, Suite 100
APN: 660-0-050-220
FILED BY: Francisco J Arceo, Pickles Deli Restaurant & Catering
The above -referenced permit was approved, sub ject to the attached conditions, by the Community Development Department on August 28, 2020 , to allow temporary use of outdoor areas for conducting business operations at the exterior of the tenant space for use by Pickles Deli Restaurant & Catering , located on the property at 1940 Newbury Road, Suite 100 , within the Newbury Park Gateway shopping center as shown on the submitted exhibits lab eled “Project Plan Set,” dated August 24, 2020 . The project is located on a 1.07-acre parcel in the Community Shopping Center (C-3) zone district with a General Plan land use designation of Commercial.
_________________________________________
Kelvin Parker, Deputy Director
KP / SHK / DSN
for
Attachment #2
Item No.10A
Pickles Deli Restaurant (TDE 2020-70488)
August 28, 2020
Cdd:420.46/AdminApproval/pz (FILE ID:TDE 2020-70488)
FINDINGS FOR APPROVAL OF TDE 2020-70488
Approval of TDE 2020-70488 is based upon the following findings:
1. On May 26, 2020, the City Council of the City of Thousand Oaks adopted Resolution 2020-016 authorizing the City Manager and City Attorney to allow the temporary expansion of restaurant footprints for out door dining areas and waive certain municipal code requirements, including parking standards. This policy decision is to accommodate additional seating capacity while maintaining required social distancing requirements mandated by Executive Order intended to control the spread of COVID -
19. The subject request complies with the intent of the City Council policy resolution.
2. With the inclusion of conditions listed herein, the additional temporary seating/dining areas will not result in permanent adverse i mpacts to the subject site or public rights -of- way, including any substantial noise or other nuisance-related impacts.
CONDITIONS OF APPROVAL FOR TDE 2020-70488
1. Land and Application – The Temporary Restaurant Dining Expansion permit is granted for the la nd described in the application, any attachment thereto, and as indicated on the submitted plan(s) designated shown on the submitted exhibits labeled “Project Plan Set,” dated August 24, 2020.
2. Scope of Permit Approval – The Temporary Restaurant Dining Exp ansion permit is granted for the placement, or expansion of, an outdoor dining area for Pickles Deli Restaurant & Catering, located at 1940 Newbury Road, Suite 100, within the Newbury Park Gateway shopping center. Including the service of alcoholic beverages pursuant to imposed conditions.
3. Indemnification, Hold Harmless for Service Provider's Damages, Defense and Indemnity of Third-Party Claims/Liability:
(a) Indemnification. The applicant agrees to defend, indemnify and hold harmless the City, its agents, officials, and employees from any claim, action or proceeding against the City or its agents, officials or employees to attack, set aside, void or annul an approval of the City. The City shall promptly notify the applicant of any claim, action or proceeding and the City shall cooperate fully in the defense.
(b) Hold Harmless for Service Provider's Damages. Applicant holds City, its elected officials, officers, agents, and employees, harmless from all of Applicant's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Applicant, to Applicant’s employees, to Applicant’s contractors or subcontractors, or to the owners of Applicant's company or building, which damages, losses, injuries or liability occur as a result of Applicant’s operation of its business and any claim, action, or proceeding asserting that the City’s issuance of a permit to Applicant was improper or a cause of any damages, losses, injuries, or liability as Item No.10A
Pickles Deli Restaurant (TDE 2020-70488)
August 28, 2020
Cdd:420.46/AdminApproval/pz (FILE ID:TDE 2020-70488)
a result of Applicant’s operation or performance of any activity or work permitted under the permit.
(c) Defense and Indemnity of Third -Party Claims/Liability. Applicant shall indemnify, defend with legal counsel approved by City, and hold harmless City, its elected officials, officers, agents, and employees from and against all liability including, but not limited to, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with A pplicant’s negligence, recklessness or willful misconduct in the performance of Applicant’s restaurant or business, or its failure to comply with any of its conditions contained in the permit. It is expressly understood and agreed that the foregoing provis ions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination or expiration of this permit.
4. Compliance with Conditions – Approved uses shall be maintained in compliance with all conditions and approved plans of this permit. This permit supersedes, for the term of its applicability, prior entitlements or imposed conditions of any previous permit or entitlement.
5. Compliance with Other Laws – The applicant shall comply with all federal, stat e and local laws and health orders. Violation of any law or order in connection with the use authorized herein may be cause for revocation of this permit.
6. Disabled Access – The installation of tables/chairs, any barricade or other similar type barrier, shall maintain a minimum four-foot (4’) path of travel for disabled access, on the public sidewalk, to primary business entrances, restrooms, and seating area serving disabled employees, customers or other persons within the establishment.
7. Other Agency Clea rances and Fees – The applicant shall obtain all necessary approvals from the Ventura County Environmental Health, Fire Prevention, and Thousand Oaks Police Department and, if applicable, the California Department of Alcoholic Beverage Control (ABC). Any r equired fee shall be paid prior to initiating use of the expanded dining area(s).
8. Encroachment Permit – The applicant shall obtain an encroachment permit from the Public Works Department prior to making any improvements, including the placement of tables and/or chairs, within the public right-of-way.
9. Building/Plumbing/Mechanical/Electrical Permits – Prior to any construction activity associated with establishment of the use authorized herein, the applicant shall obtain necessary permits, if applicable, from the Community Development Department.
10. Maintenance – The approved dining area shall be maintained in a sanitary manner in accordance with Environmental Health standards. Additionally, all trash and other debris shall be removed and contained in an appropriate receptacle.
Item No.10A
Pickles Deli Restaurant (TDE 2020-70488)
August 28, 2020
Cdd:420.46/AdminApproval/pz (FILE ID:TDE 2020-70488)
11. Expansion of Use – Any expansion of use shall require review and approval by the City of Thousand Oaks Community Development and Public Works Departments, as well as the Ventura County Fire Prevention and Environmental Health Departme nts, prior to performing any modification to the approved dining area(s). Any unauthorized change or violation of the approved conditions may require corrective work and may result in a City Code compliance effort.
12. Alcohol Service – Any expansion of exist ing City authorized alcohol service and consumption shall be conducted in accordance with an approved “Temporary Catering Authorization” permit issued by the Department of Alcoholic Beverage Control. The applicant shall be incompliance with all imposed co nditions of the “Temporary Catering Authorization,” and shall terminate alcohol serving/consumption upon expiration/termination of the permit by the Department of Alcoholic Beverage Control.
13. Social Distancing Requirements – Tables/chairs shall be spaced in a manner complying with social distancing requirements as determined by the State of California and the Ventura County Health Officer.
14. Health Officer Orders – Applicant shall comply with all applicable current health orders from state and local health officials.
15. Exterior Amplification – Amplified pre-recorded ambient music is allowed. Amplified sounds shall not cause a disturbance to neighboring businesses or residents and shall be in compliance with the City’s Noise Ordinance (TOMC Section 5 -21.01). Upon a verified complaint(s), and notification by any Police Officer or Code Compliance Officer, the applicant shall cease or lower the volume of amplified music to a level that it is no longer causing a disturbance to a person of normal sensitivity as de termined by the Officer.
16. Live Entertainment – Live Entertainment shall not be allowed in the outdoor area unless otherwise approved by a Special Use Permit or other authorization by the City. If a Special Use Permit has previously been approved for live entertainment on the exterior of the premises, live entertainment is hereby extended into the outdoor dining area authorized herein. The applicant shall follow all imposed conditions of the approved Special Use Permit authorizing live entertainment.
17. Safety Barricades – Barricades shall be installed around the perimeter of the expanded outdoor dining area under the following circumstances:
A. When the expanded outdoor dining area is located in any parking lot, vehicle travel lane, or other areas that vehicular access is present.
B. As required by a “Temporary Catering Authorization permit issued by the Department of Alcohol Beverage Control.
Barricades shall be shown on the submitted plan submitted as part of this permit and shall be maintained as appr oved unless otherwise approved by the Community Item No.10A
Pickles Deli Restaurant (TDE 2020-70488)
August 28, 2020
Cdd:420.46/AdminApproval/pz (FILE ID:TDE 2020-70488)
Development Director or designee. Barricades shall be of sufficient size and dimension to prevent vehicle access into the expanded outdoor dining area.
18. Site Repair – The applicant shall repair and restore a ny damage to landscaping, furnishings, or any other surface improvements resulting from the use or site modifications authorized herein.
19. Condition Modifications or Revocation of Permit – Any verified complaint of excessive levels of noise, disturbance to neighboring properties, violation of approved hours of operation, or violation of conditions of this or other applicable permit, shall constitute grounds for initiation of proceedings to consider modification to this permit, including but not limited to, f urther restrictions to the operation, hours of operation, live entertainment, use of the outdoor dining areas, or require additional parking management program.
If the verified complaint cannot be remedied through cooperative efforts between the City and applicant, including permit modifications as stated above, the City may initiate revocation proceedings pursuant to Thousand Oaks Municipal Code provisions or through other civil or criminal remedies provided by law.
20. Permit expiration – This permit shal l expire thirty (30) days after the termination of all applicable Orders of the Ventura County Health Officer allowing full use of existing interior and exterior dining areas.
21. Acknowledgment – The applicant acknowledges that all aspects of this temporary business expansion are of special concern to and regulated by the City of Thousand Oaks. The applicant agrees that all site modifications, including, but not limited to, tables, chairs, canopies, umbrellas, signage, potted plants, chains or other barricad e, or other modification installed to establish the dining area(s), shall be removed prior to expiration of this permit.
22. Signed Acceptance of Conditions – A signed acceptance of conditions executed by the applicant and property owner or duly authorized re presentative shall be returned to the Community Development Department prior to commencement of the use permitted herein. If a signed acceptance of conditions form is not completed and submitted by the applicant, commencement of use of the outdoor area al lowed by this permit shall be deemed acceptance.
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ATTACHMENT #3
Sec. 9-4.2523. Restaurant outdoor customer dining areas. (a) No person shall establish or maintain an outdoor customer dining area without first obtaining approval of a minor modification to the applicable development permit or special use permit pursuant to Section 9-4.2804(a)(5) of this chapter. The applicant shall submit with the application, a written authorization for the outdoor customer dining area from either the property owner or the owner’s agent or property manager of the property on which the restaurant is located.
(b) Notwithstanding subsection (a) of this section, no outdoor customer dining area shall be located within fifty (50') feet of any residentially zoned property unless authorized by the Planning Commission through the approval of a major modification application submitted pursuant to Section 9-4.2803 of this chapter. (c) Limited restaurant outdoor customer dining areas may be established within private walkways without increasing the required number of parking spaces, subject to the following regulations:
(1) A maximum of five (5) tables, with no more than four (4) chairs each, shall be permitted without increasing the required parking. Additional parking shall be provided for any extra tables or seating in excess of the foregoing limits at the ratio of one parking space for each forty-five (45) square feet of additional outdoor customer dining area, including any area necessary for circulation and access. (2) A path of travel shall be maintained for pedestrian and disabled access circulation to and within the outdoor customer dining area. Said path of travel shall be not less than four (4') feet in width.
(3) The restaurant operator shall maintain the outdoor customer dining area in a clean and safe condition at all times, and shall properly dispose of all trash generated by the operation.
(4) If an enclosure wall or fence is provided for the outdoor customer dining area, it shall include appropriate relief elements to break up a monotonous, linear appearance.
Said enclosure wall or fence shall complement the design, scale, colors and materials of the adjacent building.
(5) The height of any solid or predominantly solid portion of an enclosure wall or fence for an outdoor customer dining area shall not exceed thirty (30") inches. Materials which allow visual access, such as glass or wrought-iron fencing, may extend above this height; provided, that the overall height of said enclosure wall, measured from the exterior grade facing public rights-of-way, shall not exceed sixty (60") inches. However, any solid or predominantly solid portion of an enclosure wall or fence in excess of thirty (30") inches in height shall be set back a minimum of ten (10') feet from the street frontage property line.
(6) No identification or advertisement signs shall be allowed on any walls or fencing enclosing an outdoor customer dining area.
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(7) Dining establishments that serve alcoholic beverages in an outdoor customer dining area shall comply with all regulations of the State of California Alcoholic Beverage Control Board, and of other state and local agencies with jurisdiction. (8) Establishments with outdoor customer dining areas shall comply with all requirements of the Health Department of the County of Ventura and any other applicable health regulations.
(d) Limited encroachment of restaurant outdoor customer dining areas within the required landscape setbacks may be permitted if all requirements set forth in Sections 9-4.2523 (a), (b) and (c) are met and the outdoor customer dining areas comply with specific guidelines for location and aesthetic design, as follows:
(1) A landscaped setback shall be provided, averaging not less than ten (10') feet in width from the outside edge of the outdoor customer dining area to any property line abutting a public street and to provide access from the public sidewalk to the dining area that is designed to meet physically challenged accessibility requirements. Up to fifty (50%) percent of an outdoor dining area may encroach into the required ten (10') foot landscape setback along a public street, when matched by an equivalent recess (measured along the total enclosed dining area fronting the public street), if: (1) lines of sight along the public street are not impaired, and (2) the required landscape portion of the setback area is not utilized for non-landscape purposes. (2) A landscaped setback shall be provided, measuring not less than four (4') feet in width from the outside edge of the outdoor customer dining area and/or its enclosure wall or fence, in connection with subsection (d)(1) of this section, to any driveway, parking spaces or other areas used by motor vehicles. Said required minimum width shall be exclusive of any curbs, sidewalks or other hardscape features. This requirement shall also be provided where an existing interior landscaped or parking area is being converted to an outdoor dining use, but does not apply to outdoor dining areas located within existing walkways that are adjacent to interior driveways and/or parking spaces within commercial projects.
(3) Existing trees within a landscaped area which is proposed to be converted to an outdoor customer dining area shall either be preserved and integrated into the design of the area, or transplanted to a location within or adjacent to the area. Transplanting shall only be allowed for trees which will survive the transplanting process and survive in good health in the new location.
(§ 2, Ord. 1211-NS, eff. May 24, 1994, as amended by §§ 3, 4, Ord. 1248-NS, eff.
January 9, 1996)
H:Common/CityCouncil/CCAgendaItems/2023/01242023/OutdoorCustomerDining Areas/Attachment 3 Section 9 4 2523 of TOMC Outdoor Customer Dining Area Standards.docx
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TO: City Council
FROM: Bob Engler, Councilmember
DATE: January 24, 2023
SUBJECT: Planning Commission and Tra ffic and Transportation Advisory Commission Appointments
RECOMMENDATION:
1. Approve re-appointment to the Pl anning Commission of Sharon McMahon to serve a term ending December 2026.
2. Approve appointment to the Traffic and Transportation Advisory Commission of Brendan Callahan to serve a term ending December 2026.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
FINANCIAL IMPACT:
No Additional Funding Requested. Minimal staff time r equired for coordination, which is included in the Adopted FY 2022-23 General Fund Budget.
BACKGROUND:
The City Council appoints five members to the Planning Commission and to the Traffic and Transportation Advisory Commission. Each appointment serves a four- year term, concurrent with the nominating Councilmember.
The Planning Commission reviews and decides applications for commercial, residential, industrial, and other develop ment projects. The Commission also makes recommendations to City Council on matters related to the City's General Plan, zoning ordinance, and other City planning policies and regulations.
The Traffic and Transportation Advisory Commission gathers and reviews information relating to tra ffic issues, identifies tra ffic problems and needs of the residents, develops and recommends local and regional transportation needs, and proposes solutions to City Council.
Item No.11A
Planning & Traffic Commission Appointments
January 24, 2023
Councilmember Engler conducted interviews and recommends the re-appointment of Sharon McMahon to the Planning Commission and the appointment of Brendan Callahan to the Traffic and Transportation Advisory Commission.
DISCUSSION/ANALYSIS:
A total of 19 applications were received for current vacancies on the Planning Commission, and a total of 6 applications were received for the Traffic and Transportation Advisory Commission.
Pursuant to Thousand Oaks Municipal Co de 1-9.103, each Councilmember shall nominate one member to t he Planning Commission, which shall be approved and appointed by the City Council.
Pursuant to Thousand Oaks Resolution 2017-001, each Councilmember shall nominate one member to the Traffic and Transportation Advisory Commission, which shall be approved and appointed by the City Council.
The application form of the applicant recommended for the Planning Commission is included as Attachment #1, and the application form for the applicant recommended for the Traffic and Transportation Advisory Commission is included as Attachment #2.
COUNCIL GOAL COMPLIANCE:
Meets City Council Goal B:
B. Provide municipal government leader ship which is open and responsive to residents, and is characterized by ethical behavior, stability, promoting public trust, transparency, confidence in the future, and cooperative interaction among civic leaders, residents, busine ss representatives, and staff, while recognizing and respecting legitimate differences of opinion on critical issues facing the City.
PREPARED BY: Katie Morris, Administrative Support Supervisor
Attachments:
Attachment #1 – Planning Commission Application
Attachment #2 – Traffic and Transportation Application
CMO: 110-20\KM\H: Common\Council Items\2023 Staff Reports \01 24 23\012423 Planning & Traffic Comm Engler. Appts.
Staff Rpt.docx
Item No.11A
City of Thousand Oaks Boards & Commissions
Application Form
Profile
Solicitantes que necesiten asistencia en español, por favor llamen al (805) 449-2151.
Sharon McMahon
First Name Last Name
Primary Phone Alternate Phone
Street Address Suite or Apt
Newbury Park CA 91320
City State Postal Code
Email Address
Please note: Resolution No. 2003-105 Sec. 17, Duplicate Appointment, provides that unless specifically authorized by City Council, no citizen may serve on more than one standing Citizen Board, Commission or Committee.
How did you learn of this vacancy?
I am currently on the PC, wishing to be re-appointed.
Occupation/Work History - Check all applicable: *
Retired
N/A N/A
Employer Job Title
N/A N/A
Additional Employer Additional Job Title
Must be a City resident. Are you a resident of Thousand Oaks? Yes
ATTACHMENT #1
Item No.11A
Interests & Experiences
Why are you interested in serving on this board/committee and what do you believe you can contribute?
I can contribute my knowledge of the city and my experience of 20 years on the Traffic Commission and now 6+ years on the Planning Commission.
Please list all relevant experience supporting appointment to this board.
Planning Commission since 2016
Traffic and Transportation Commission 20 years
BAT since inception - 20+ years
Ad hoc committees:
Lighting and Landscape
Lynn Road Traffic Calming
Budget Task Force
Please list current and past involvement with civic, volunteer and non-profit organizations, including City boards/committees, and the dates of activity.
Currently - Kiwanis Member
Currently - Board of Directors - Friends of the Thousand Oaks Library Currently - Volunteer - KCLU
Past- AAUW
Certification
Please agree with the following statements
That all information in this application is complete, truthful, and accurate to the best of my knowledge.
If appointed, I understand it is my responsibility to notify the City of changes that would affect my membership on the board.
I recognize that Board membership requires my attendance at meetings and/or events. I am willing and able to make this commitment of time and effort to serve.
I understand that the Public Records Act (PRA) allows for public review of this application.
I am not an official or employee of the City of Thousand Oaks.
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above statements.
Agree
Electronic Signature - Please type your First and Last name Item No.11A
If appointed, I understand that I will be required to file a Conflict of Interest Statement (Form 700) pursuant to Fair Political Practices Commission regulations.
If appointed, I understand that I will be required to complete Ethics Training for Local Officials (AB 1234) within one year of appointment and every two years thereafter.
If appointed, I understand that I will have to complete Sexual Harassment Training.
Item No.11A
Sharon McMahon
Resume and Personal Information
Professional Qualifications & Activities:
Property Manager, retired
Bachelor’s of Arts degree from California State University, Northridge Major - Earth Science; Minor – Geology
Realtor Associate since 1983, Broker since 1998
Graduate, Realtor Institute
BORPAC Trustee (Realtor elective position 6 years)
Member Conejo Valley Assoc. Realtors - Local Government Relations Committee 6 years
Civic Activities:
Member of City of Thousand Oaks Planning Commission since October 2016 Member, Thousand Oaks City Bicycle Advisory Team, 2006 to Present Member of City of Thousand Oaks Traffic and Transportation Advisory Commission 1995 - 2016. Served as Vice-Chair and Chair in rotation multiple times.
Volunteer KCLU – Manage online events calendar July 2018 to present.
Fundraising volunteer June 2016 to present.
Member, Lynn Road Traffic Condition AD Hoc citizen’s Committee 2006 Member of first Thousand Oaks City Budget Task Force
Member of Thousand Oaks City Lighting and Landscape Assessment District’s Ad Hoc Committee.
Sub-Committee Co-Chair Citizens Committee 107 – Civic Arts Plaza Judge – Thousand Oaks City Beautiful Contest – 1992 & 1993 Facilitator – Mother/Daughter Choices Workshops
Team Captain - Relay for Life team for 16 years helping to raise thousands of dollars for American Cancer Society
Newbury Park High School - President Cross Country Booster Club, Board member - Track and Basketball Booster Clubs.
Various volunteer positions in youth soccer and basketball – AYSO Coach, referee, Soccer Club manager, etc. Volunteer, Big Cat Run for New Track at NPHS
CMO: 110-20\KM\H: Common\Council Items\2023 Staff Reports\01 24 23\012423 Planning & Traffic Comm Engler. Appts - Application.docx
Item No.11A
City of Thousand Oaks Boards & Commissions
Application Form
Profile
Solicitantes que necesiten asistencia en español, por favor llamen al (805) 449-2151.
Brendan Callahan
First Name Last Name
Primary Phone Alternate Phone
Street Address Suite or Apt
THOUSAND OAKS CA 91360
City State Postal Code
Email Address
Please note: Resolution No. 2003-105 Sec. 17, Duplicate Appointment, provides that unless specifically authorized by City Council, no citizen may serve on more than one standing Citizen Board, Commission or Committee.
How did you learn of this vacancy?
CityScene e-newsletter and ToOaks.org commission vacancy page.
Occupation/Work History - Check all applicable: *
Employed
Oak Park Unified School District Director of Bond Programs, Sustainability, Maintenance, and Operations
Employer Job Title
N/A N/A
Additional Employer Additional Job Title
Must be a City resident. Are you a resident of Thousand Oaks? Yes
ATTACHMENT #2
Item No.11A
Interests & Experiences
Why are you interested in serving on this board/committee and what do you believe you can contribute?
Traffic and transportation are an integral part of any city. Thousand Oaks prides itself on safety, and that extends to our drivers and pedestrians. Many in our community also rely on public transportation as a means of getting around town, attending work, and obtaining services. Access to transportation is extremely important.
As a resident of Thousand Oaks who has returned to the community I grew up in to put down roots, I have a vested interest in continuing to improve our traffic safety and transportation options. I believe I can contribute by listening to the needs of the community and bringing that input to this committee. I have served on several boards, and I will do my best to make recommendations that I feel will be beneficial to safety and public access.
Please list all relevant experience supporting appointment to this board.
When I was a teenager in the community, my friends and I took the public bus to the beach. The bus was our method of transportation at the time and provided us with an opportunity that we wouldn't have otherwise. In my role at Oak Park Unified School District, I have worked with the Ventura County Department of Public Works Traffic and Transportation Department to resolve school traffic flow issues around drop off and pick up times at one of our elementary school sites. This project resulted in changes to the direction of traffic off Kanan Road into the school as well as adjustments to the traffic light pattern and the drop off zone. Additionally, stanchions were added in the street to prohibit left hand turns into the school parking lot. On a personal note, my wife was struck by a vehicle in February 2022 while walking in a crosswalk at the intersection of Olsen Rd. and Mountclef Blvd. This was a traumatic experience, but thankfully she has recovered. That being said, I truly care about traffic safety. I have a certification in Lean Six Sigma, and one of the fundamental pillars for improvement is to mistake-proof a process. The more we can identify areas for improvement and do our best to mistake-proof them, the safer we will be.
Please list current and past involvement with civic, volunteer and non-profit organizations, including City boards/committees, and the dates of activity.
Local Delegate, Appointed by Assemblymember Jacqui Irwin (January 2022 - Present) Member, Community Funding Review Committee, Appointed by Mayor Bob Engler (January 2021 - Present)
Board of Directors, Conejo Open Space Foundation (September 2019 - Present) Founder & President, Achieve in Africa (September 2008 - April 2018) Board Member, AfricAid (November 2017 - April 2019)
Startup Business Mentor, Village Capital Energy: US 2018 Workshop at Los Angeles Cleantech Incubator (March 2018)
Certification
Please agree with the following statements
That all information in this application is complete, truthful, and accurate to the best of my knowledge.
If appointed, I understand it is my responsibility to notify the City of changes that would affect my membership on the board.
I recognize that Board membership requires my attendance at meetings and/or events. I am willing and able to make this commitment of time and effort to serve.
Item No.11A
I understand that the Public Records Act (PRA) allows for public review of this application.
I am not an official or employee of the City of Thousand Oaks.
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above statements.
Agree
Electronic Signature - Please type your First and Last name Item No.11A
BRENDAN CALLAHAN
| Thousand Oaks, CA
EXPERIENCE
OAK PARK UNIFIED SCHOOL DISTRICT | Oak Park, CA
Overseeing 10 direct reports and school site teams consisting of 20 staff. Member of the Superintendent’s Cabinet, contributing to the strategic direction of the school system and helping to resolve complex issues.
Director of Bond Programs, Sustainability, Maintenance, and Operations 6/19 – Present Director of Sustainability, Maintenance, and Operations 10/18 – 6/19 ▪ Overseeing the District’s $60M Measure S Bond Program, including identifying the needs of the school sites, facilitating alignment with planning committees and the Board to determine allocation of funds, directing staff, and overseeing projects ▪ Saved $426K annually by reducing bond consulting contract from $674K in FY18-19 to $248K in FY19-20 and future years ▪ Launched District-wide survey to measure Department’s performance on quality of work, timeliness, and customer service ▪ Trained District’s Cabinet and Directors on Lean Six Sigma process improvement principles and methodology ▪ Book Co-Author of Chapter, “Fostering Healthy Relationships and Sustainability Mindsets in a Climate of Care” in Trailblazers for Whole School Sustainability: Case Studies of Educators in Action GREEN DOT PUBLIC SCHOOLS | Los Angeles, CA
Joined GDPS as a Broad Resident (2015-2017 Cohort). Led fiscal oversight & ops across 7 schools in South LA, including the Locke HS transformation. Oversaw school site teams consisting of 23 staff, including 7 dotted-line reports & 3 direct reports.
Area Operations and Finance Senior Manager 9/17 – 10/18 Cluster Business Manager 6/15 – 9/17
▪ Managed $45M annual budget and ensured schools met net income targets through bottoms-up budgeting, monthly forecasting, and by partnering w/ Principals to help them make informed decisions and understand financial implications ▪ Balanced the budget at Locke HS for first time under Green Dot management going from a $2.8M net income loss in FY16 to a projected $200K surplus in FY19 by reducing $1.4M (7%) in FY17, $700K (4%) in FY18, and $900K (5%) in FY19 ▪ Advocated for and secured $550K for major facilities projects and managed vendors and projects to on-time completion
LOCKHEED MARTIN CORPORATION
Managed lean six sigma program and overall strategy to govern site excellence at world-class, Malcolm Baldrige National Quality Award-winning infrared focal plane array mfg. facility. Led process improvement initiatives & trained 185+ staff.
Site Lead, Lean Six Sigma (LSS) Program | Goleta, CA 6/13 – 5/15 ▪ Reduced Joint Strike Fighter F-35 scrap losses from 2013 to 2014 by 85% (a $1.1M decrease) and cost per unit losses by 24% (a $55K decrease/unit) by identifying defect trends and implementing corrective actions to prevent recurrences ▪ Realized a $400K annual cost avoidance by identifying and eliminating a destructive processing step driving scrap across site and realized a $100K annual cost avoidance by building capacity and bringing a vendor calibration processes in-house ▪ Recognized with Instant Recognition Award for promoting culture of continuous improvement Supervisor, IT Quality Team | United States Mint Headquarters | Washington, DC 9/11 – 6/13 Supervised team of quality engineers on an IT support services contract at the U.S. Mint Headquarters in Washington, D C. ▪ Initiated and led customer negotiations to reduce work not specified in contract, resulting in more efficient use of team’s time ▪ Reduced software alerts by 81% (5M to <1M), enabling team to improve response time to valid disruptions in service ▪ Recognized by client with Individual Service Award for milestones achieved while leading team despite reductions in staff Operations Leadership Development Program (OLDP) | Locations throughout MD and VA 7/09 – 9/11 Selective rotational leadership development program covering Subcontracts Admin., Business Development, Ops, and Quality. ▪ Procured quotes totaling $700M in ground / aviation transportation, fuel, and food for contracts in Afghanistan and Somalia ▪ Led team to develop database of international suppliers and developed a cost-estimation tool to inform future contract bids ACHIEVE IN AFRICA | Tanzania
Founded 501(c)3 nonprofit to construct classrooms, bathrooms, and desks in economically-distressed villages in Tanzania.
Founder and President 9/08 – 04/18
▪ Raised $200K refurbish and expand Olasiti Primary School, provide a community learning center to Ulolela Village, and construct a village’s first secondary school – Olasiti Secondary School, which currently serves over 1,200 students
EDUCATION & CERTIFICATIONS
CBO School Business Management Certificate Program | University of Southern California 7/19 – 6/20 Master of Education in Educational Leadership | The Broad Center L.A. (TBC has relocated to Yale Univ.) 6/15 – 9/17 Master of Business Administration | Georgetown University | MBA Community Fellow Award Recipient 7/10 – 5/13 Lean Six Sigma Black Belt (Continuous Improvement) Certification | Lockheed Martin Corporation Obtained 5/13 Graduate Certificate in Operational Leadership and Organizational Management | Drexel University 7/09 – 7/11 Bachelor of Science in Business Administration | Boston University 9/05 – 5/09
COMMUNITY-FOCUED ROLES
Delegate | Ventura County - Appointed by Assemblymember Jacqui Irwin 1/22 – Present Member | City of Thousand Oaks Community Funding Review Committee - Appointed by Mayor Bob Engler 1/21 – Present Board Member | Conejo Open Space Foundation - Launched needs-based, sustainability scholarship for HS students 9/19 – Present Conference Presenter | Green California Schools and Community Colleges Summit, Pasadena Convention Center 10/19 Board Member | AfricAid - An organization focused on empowerment training and mentorship for Tanzanian girls 11/17 – 4/19 Startup Business Mentor | Village Capital Energy: US 2018 Workshop at Los Angeles Cleantech Incubator 3/18 CMO: 110-20\KM\H: Common\Council Items\2023\01 24 23\012423 Planning & Traffic Comm Engler. Appts - Application.docx Item No.11A
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