City Council
REGULAR MEETING
Tuesday, March 14, 2023
Andrew P. Fox City Council Chambers
Closed Session: 5:00 PM
Regular Session: 6:00 PM
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 half an hour before meeting start time. 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: Closed Session 5:00 p.m.
2. ROLL CALL:
3. PUBLIC COMMENTS: Comments on Closed Session items only
4. CLOSED SESSION:
A. CONFERENCE WITH LABOR NEGOTIATORS – City designated representatives:
Assistant City Manager Ingrid Hardy; Finance Director Jaime Boscarino; Human Resources Director Tim Giles; Deputy Human Resources Director Sharon Chen; Deputy Finance Director Carrie Matson; Employee Organizations: Thousand Oaks City Employees Association (TOCEA); Thousand Oaks Management Association (TOMA); Senior Management Association (SMA); and Executive Managers (Assistant City Manager, Deputy City Manager, Finance Director, Community Development Director, Public Works Director, City Clerk, Human Resources Director, Cultural Affairs Director, Library Director, Strategic Communications Director); Pursuant to California Government Code section 54957.6.
5. CLOSED SESSION REPORT:
6. PLEDGE OF ALLEGIANCE:
7. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
8. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. Proclamation – Donate Life Month
B. Proclamation – Red Cross Month
C. Special Crossing Guard Presentation
9. 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)
10. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify March 1, 2023, and March 8, 2023; approve March 15, 2023, March 22, 2023, and March 29, 2023, subject to review and ratification
B. Minutes of City Council meeting of February 28, 2023 RECOMMENDATION:
Approve
C. Traffic and Transportation Advisory Commission Meeting Date Change RESOLUTION ESTABLISHING THE TRAFFIC AND TRANSPORTATION ADVISORY COMMISSION (RESCINDING RESOLUTION NO. 2017001)
RECOMMENDATION:
1. Review recommendation of the Traffic and Transportation Advisory Commission (TTAC) to change the regular meeting date of the TTAC from the third Wednesday of each month to the fourth Wednesday of each month.
2. If the City Council concurs with TTAC’s recommendation, adopt resolution amending and restating the resolution establishing the TTAC with the recommended meeting date change.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
D. Library Circulating Materials
RECOMMENDATION:
1. Authorize expenditure in an amount nottoexceed $600,000 in FY 202223 for Library circulating materials (books, databases, periodicals, electronic books, audio books, etc.) from A/C #11072206733231 (Materials, Circulating Books) for the following vendors: Ingram Library Services LLC (St. Louis, MO), Overdrive Inc. (Cleveland, OH), Gale Cengage Learning Inc. (Farmington Hills, MI), Baker & Taylor Inc. (Atlanta, GA), Midwest Tape (Holland, OH), and CALIFA Group (San Francisco, CA).
2. Find that this action is not a project as defined under the California Environmental Quality Act.
E. Cooperative Purchasing Agreement for Office Supplies RECOMMENDATION:
1. Approve piggyback agreement with ODP Solutions, LLC (Boca Raton, FL), using the Region 4 Education Service Center (ESC), Houston, TX, agreement through OMNIA Partners, for office supplies, related products, and services through June 30, 2024, and authorize City Manager to sign Participating Addendum in substantially the form as attached.
2. Authorize expenditure nottoexceed $90,000 total from various department accounts for Office Supplies (3110) and Paper (3113).
3. Find that this action is not a project as defined under the California Environmental Quality Act Guidelines.
F. Fuel Budget Appropriation and Fueling Station Expenditure Increase RECOMMENDATION:
1. Authorize budget appropriation and expenditure in the amount of $710,000; $670,000 from A/C #00156404849900 (General Fund, Vehicle Fuel Reimbursement) to A/C #00156406313510 (General Fund, Vehicle Fuel) and $40,000 from A/C #62100003419900 (Wastewater Fund, Net Position) to A/C #62182506853510 (Wastewater Fund, Vehicle Fuel) for unleaded fuel, renewable diesel, and compressed natural gas from Trillium USA Company, LLC (Houston, TX) and Falcon Fuels, Inc (Paramount, CA).
2. Authorize additional expenditure in the amount of $500,000 under existing fiveyear Operations and Maintenance Services Agreement with Trillium USA Company, LLC (Houston, TX) for Compressed Natural Gas purchases and equipment maintenance for a revised nottoexceed amount of $1,412,000 through June 30, 2026.
3. Authorize additional annual expenditure in the amount of $124,500 under existing fiveyear Operations and Maintenance Services Agreement with Trillium USA Company, LLC (Houston, TX) for Compressed Natural Gas purchases and equipment maintenance for a revised annual nottoexceed amount of $304,500 from A/C #001 56406313510 for FY 202223 through FY 202526.
4. Approve cooperative purchasing agreement with the State of California fuel contract No. 1239102C to purchase and receive unleaded gasoline and renewable diesel fuel from Falcon Fuels, Inc. (Paramount, CA) for a threeyear period, beginning March 2, 2023, through March 1, 2026, with State option to extend two additional years through March 1, 2028.
5. Authorize expenditure in the amount nottoexceed $1,200,000 for each fiscal year from A/C #00156406313510 (General Fund, Vehicle Fuel), in accordance with the general terms and conditions set forth in the State of California Contract No. 12391 02C.
6. Find that this action is not a project as defined under the California Environmental Quality Act.
G. Hill Canyon Treatment Plant Retaining Wall Project (CI 5444) RECOMMENDATION:
1. Approve Sixth Amendment to Professional Services Agreement No. 123772020 with m6 Consulting, Inc. of Westlake Village, CA, for additional Construction Phase Services on the Hill Canyon Treatment Plant Retaining Wall Project (CI 5444) in the amount of $42,365 for a new revised nottoexceed amount of $282,196.
2. Approve budget appropriation and expenditure in the amount of $42,365 from A/C #62400003419900 (Wastewater Fund, Net Position) to A/C #62482506828300 (CI 5444, Hill Canyon Treatment Plant Retaining Wall Project).
3. Find that the project is Categorically Exempt from California Environmental Quality Act pursuant to 14 CCR §§ 15301, 15302, and 15304.
H. 2023 Sidewalk and Concrete Replacement Program (MI 2557) RECOMMENDATION:
1. Authorize staff to advertise the 2023 Sidewalk and Concrete Replacement Program (MI 2557) for construction bids.
2. Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.
I. Purchase Used Bus to Support Summer Beach Bus Program RECOMMENDATION:
1. Authorize staff to waive City’s normal equipment purchasing process of Thousand Oaks Municipal Code Sec. 310.201 for the purchase of a used motorcoachtype bus to support Summer Beach Bus Program and Special Projects.
2. Authorize staff to open a purchase order in an amount nottoexceed $150,000.
3. Approve budget appropriation and expenditure in an amount nottoexceed $150,000 from A/C #65100003419900 (Transportation Fund, Net Position) to A/C #65155406858400 (Bus/Equipment Over $5,000).
4. Find that this action is not a project as defined under the California Environmental Quality Act.
J. Thousand Oaks Groundwater Utilization Project (CI 5395) RECOMMENDATION:
1. Approve Professional Services Agreement with Kennedy/Jenks Consultants, Inc. of Oxnard, CA in an amount nottoexceed $164,759 for performing engineering analysis and preparation of the preliminary design for a conveyance system to carry groundwater from Los Robles Golf Course Well and the Hill Canyon Treatment Plant to the planned Las Virgenes Municipal Water District Advanced Water Purification Facility.
2. Authorize expenditure in the amount of $181,259 ($164,759 Kennedy/Jenks agreement, plus extra services of $16,500) from A/C #61380606828300 (CI 5395, Thousand Oaks Groundwater Utilization Project).
3. Approve Single Source designation for Kennedy/Jenks Consultants, Inc. to enter into an agreement for Professional Services in connection with the Thousand Oaks Groundwater Utilization Project (CI 5395).
4. Find that this action is not a project as defined under the California Environmental Quality Act.
K. Revised Water Shortage Declaration
RESOLUTION RESCINDING RESOLUTION NO. 2022023 AND DECLARING A LEVEL 3 WATER SUPPLY SHORTAGE PURSUANT TO MUNICIPAL CODE SECTION 102.1106 AND ENACTING ADDITIONAL WATER CONSERVATION MEASURES PURSUANT TO MUNICIPAL CODE SECTION 102.1112
RECOMMENDATION:
1. Rescind in its entirety Resolution No. 2022023 declaring a Level 4 Water Supply Shortage.
2. Adopt resolution declaring a Level 3 Water Supply Shortage with minor modifications pursuant to Municipal Code Section 102.1106.
3. Issue notice of termination for Agreement No. 130512022 with Cobalt Security Services, Inc., effective April 1, 2023.
4. Authorize acceptance of the Metropolitan Water District grant to partially offset the cost of water waste enforcement patrols up to 50 percent of the cost, but not to exceed $50,000, to A/C #61180254379900 (WTMWGT, Revenue From Districts).
5. Find that this action is not a project as defined under the California Environmental Quality Act.
11. PUBLIC HEARINGS:
A. City Council, Boards, Committees, and Commissions Meeting Procedures Revisions RESOLUTION ESTABLISHING REVISED STANDARDS OF OPERATION
GOVERNING CONDUCT OF CITY COUNCIL AND CITY STANDING COMMITTEES, COMMISSIONS AND BOARDS AND RESCINDING RESOLUTION NOS. 2001129 AND 2011066
RESOLUTION REVISING GUIDELINES FOR PUBLIC INPUT AT CITY COUNCIL MEETINGS AND RESCINDING RESOLUTION NO. 2011067
ORDINANCE AMENDING SECTIONS 18.106, 18.108, 18.110, 18.113, 18.114, 18.115, 18.117, 18.124, 18.125, 18.126 OF MUNICIPAL CODE REGARDING COUNCIL MEETINGS AND PROCEDURES
1ST READING
RECOMMENDATION:
1. Adopt resolution revising Standards of Operation governing conduct of City Council and City Standing Boards, Committees, and Commissions, and rescinding Resolution Nos. 2001129 and 2011066.
2. Adopt resolution revising Guidelines for Public Input at City Council meetings and rescinding Resolution No. 2011067.
3. Read ordinance in title only, waive further reading, and if no objection, introduce ordinance amending various sections of Title 1 Chapter 8 of the Thousand Oaks Municipal Code regarding City Council Meeting Procedures.
4. Find that this is not a project under the California Environmental Quality Act.
12. STUDY SESSIONS:
A. 2023 Citywide User Fees, Fines, Penalties, Rates, and Assessments (User Fees), and Development Impact Fees
RECOMMENDATION:
1. Receive information on User Fees and Development Impact Fees as presented at the Public Study Session and provide direction to staff.
2. Schedule a Public Hearing for April 25, 2023, to establish User Fees and Development Impact Fees to be effective July 1, 2023.
3. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).
13. DEPARTMENT REPORTS:
A. 2022 General Plan and Housing Element Annual Progress Report RECOMMENDATION:
1. Receive and file the 2022 General Plan and Housing Element Annual Progress Report.
2. Find that this action is not a project as defined under the California Environmental Quality Act.
B. Sign Regulations Update
RECOMMENDATION:
1. Receive report regarding the City’s current Municipal Code sign regulations and changes in State/Federal laws.
2. Provide comments and direction to staff regarding any desired revisions to the City’s Municipal Code related to sign regulations.
3. Find that this action is not a project as defined by the California Environmental Quality Act.
C. Campaign Contribution Update
RECOMMENDATION:
1. Receive report regarding the City’s campaign contribution limits regulations and provide direction to staff regarding campaign contributions.
2. Find that this action is not a project as defined by the California Environmental Quality Act.
14. COMMITTEE/COMISSION/BOARD REPORTS: None
15. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
16. COUNCIL ISSUES/RECOMMENDATIONS: None
17. CITY MANAGER:
A. Announcements and upcoming issues
18. PUBLIC NOTICES: None
19. ADJOURNMENT: Adjourn to Regular Meeting April 4, 2023 Agenda Post Date/Time: Mar 27, 2023, 5:00P.M.
CCD:61040\h:\common\agenda\2023\031423.docx
City Council
REGULAR MEETING
Tuesday, March 14, 2023
Andrew P. Fox City Council Chambers
Closed Session: 5:00 PM
Regular Session: 6:00 PM
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 half an hour before meeting start time. 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: Closed Session 5:00 p.m.
2. ROLL CALL:
3. PUBLIC COMMENTS: Comments on Closed Session items only
4. CLOSED SESSION:
A. CONFERENCE WITH LABOR NEGOTIATORS – City designated representatives:
Assistant City Manager Ingrid Hardy; Finance Director Jaime Boscarino; Human Resources Director Tim Giles; Deputy Human Resources Director Sharon Chen; Deputy Finance Director Carrie Matson; Employee Organizations: Thousand Oaks City Employees Association (TOCEA); Thousand Oaks Management Association (TOMA); Senior Management Association (SMA); and Executive Managers (Assistant City Manager, Deputy City Manager, Finance Director, Community Development Director, Public Works Director, City Clerk, Human Resources Director, Cultural Affairs Director, Library Director, Strategic Communications Director); Pursuant to California Government Code section 54957.6.
5. CLOSED SESSION REPORT:
6. PLEDGE OF ALLEGIANCE:
7. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
8. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. Proclamation – Donate Life Month
B. Proclamation – Red Cross Month
C. Special Crossing Guard Presentation
9. 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)
10. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify March 1, 2023, and March 8, 2023; approve March 15, 2023, March 22, 2023, and March 29, 2023, subject to review and ratification
B. Minutes of City Council meeting of February 28, 2023 RECOMMENDATION:
Approve
C. Traffic and Transportation Advisory Commission Meeting Date Change RESOLUTION ESTABLISHING THE TRAFFIC AND TRANSPORTATION ADVISORY COMMISSION (RESCINDING RESOLUTION NO. 2017001)
RECOMMENDATION:
1. Review recommendation of the Traffic and Transportation Advisory Commission (TTAC) to change the regular meeting date of the TTAC from the third Wednesday of each month to the fourth Wednesday of each month.
2. If the City Council concurs with TTAC’s recommendation, adopt resolution amending and restating the resolution establishing the TTAC with the recommended meeting date change.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
D. Library Circulating Materials
RECOMMENDATION:
1. Authorize expenditure in an amount nottoexceed $600,000 in FY 202223 for Library circulating materials (books, databases, periodicals, electronic books, audio books, etc.) from A/C #11072206733231 (Materials, Circulating Books) for the following vendors: Ingram Library Services LLC (St. Louis, MO), Overdrive Inc. (Cleveland, OH), Gale Cengage Learning Inc. (Farmington Hills, MI), Baker & Taylor Inc. (Atlanta, GA), Midwest Tape (Holland, OH), and CALIFA Group (San Francisco, CA).
2. Find that this action is not a project as defined under the California Environmental Quality Act.
E. Cooperative Purchasing Agreement for Office Supplies RECOMMENDATION:
1. Approve piggyback agreement with ODP Solutions, LLC (Boca Raton, FL), using the Region 4 Education Service Center (ESC), Houston, TX, agreement through OMNIA Partners, for office supplies, related products, and services through June 30, 2024, and authorize City Manager to sign Participating Addendum in substantially the form as attached.
2. Authorize expenditure nottoexceed $90,000 total from various department accounts for Office Supplies (3110) and Paper (3113).
3. Find that this action is not a project as defined under the California Environmental Quality Act Guidelines.
F. Fuel Budget Appropriation and Fueling Station Expenditure Increase RECOMMENDATION:
1. Authorize budget appropriation and expenditure in the amount of $710,000; $670,000 from A/C #00156404849900 (General Fund, Vehicle Fuel Reimbursement) to A/C #00156406313510 (General Fund, Vehicle Fuel) and $40,000 from A/C #62100003419900 (Wastewater Fund, Net Position) to A/C #62182506853510 (Wastewater Fund, Vehicle Fuel) for unleaded fuel, renewable diesel, and compressed natural gas from Trillium USA Company, LLC (Houston, TX) and Falcon Fuels, Inc (Paramount, CA).
2. Authorize additional expenditure in the amount of $500,000 under existing fiveyear Operations and Maintenance Services Agreement with Trillium USA Company, LLC (Houston, TX) for Compressed Natural Gas purchases and equipment maintenance for a revised nottoexceed amount of $1,412,000 through June 30, 2026.
3. Authorize additional annual expenditure in the amount of $124,500 under existing fiveyear Operations and Maintenance Services Agreement with Trillium USA Company, LLC (Houston, TX) for Compressed Natural Gas purchases and equipment maintenance for a revised annual nottoexceed amount of $304,500 from A/C #001 56406313510 for FY 202223 through FY 202526.
4. Approve cooperative purchasing agreement with the State of California fuel contract No. 1239102C to purchase and receive unleaded gasoline and renewable diesel fuel from Falcon Fuels, Inc. (Paramount, CA) for a threeyear period, beginning March 2, 2023, through March 1, 2026, with State option to extend two additional years through March 1, 2028.
5. Authorize expenditure in the amount nottoexceed $1,200,000 for each fiscal year from A/C #00156406313510 (General Fund, Vehicle Fuel), in accordance with the general terms and conditions set forth in the State of California Contract No. 12391 02C.
6. Find that this action is not a project as defined under the California Environmental Quality Act.
G. Hill Canyon Treatment Plant Retaining Wall Project (CI 5444) RECOMMENDATION:
1. Approve Sixth Amendment to Professional Services Agreement No. 123772020 with m6 Consulting, Inc. of Westlake Village, CA, for additional Construction Phase Services on the Hill Canyon Treatment Plant Retaining Wall Project (CI 5444) in the amount of $42,365 for a new revised nottoexceed amount of $282,196.
2. Approve budget appropriation and expenditure in the amount of $42,365 from A/C #62400003419900 (Wastewater Fund, Net Position) to A/C #62482506828300 (CI 5444, Hill Canyon Treatment Plant Retaining Wall Project).
3. Find that the project is Categorically Exempt from California Environmental Quality Act pursuant to 14 CCR §§ 15301, 15302, and 15304.
H. 2023 Sidewalk and Concrete Replacement Program (MI 2557) RECOMMENDATION:
1. Authorize staff to advertise the 2023 Sidewalk and Concrete Replacement Program (MI 2557) for construction bids.
2. Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.
I. Purchase Used Bus to Support Summer Beach Bus Program RECOMMENDATION:
1. Authorize staff to waive City’s normal equipment purchasing process of Thousand Oaks Municipal Code Sec. 310.201 for the purchase of a used motorcoachtype bus to support Summer Beach Bus Program and Special Projects.
2. Authorize staff to open a purchase order in an amount nottoexceed $150,000.
3. Approve budget appropriation and expenditure in an amount nottoexceed $150,000 from A/C #65100003419900 (Transportation Fund, Net Position) to A/C #65155406858400 (Bus/Equipment Over $5,000).
4. Find that this action is not a project as defined under the California Environmental Quality Act.
J. Thousand Oaks Groundwater Utilization Project (CI 5395) RECOMMENDATION:
1. Approve Professional Services Agreement with Kennedy/Jenks Consultants, Inc. of Oxnard, CA in an amount nottoexceed $164,759 for performing engineering analysis and preparation of the preliminary design for a conveyance system to carry groundwater from Los Robles Golf Course Well and the Hill Canyon Treatment Plant to the planned Las Virgenes Municipal Water District Advanced Water Purification Facility.
2. Authorize expenditure in the amount of $181,259 ($164,759 Kennedy/Jenks agreement, plus extra services of $16,500) from A/C #61380606828300 (CI 5395, Thousand Oaks Groundwater Utilization Project).
3. Approve Single Source designation for Kennedy/Jenks Consultants, Inc. to enter into an agreement for Professional Services in connection with the Thousand Oaks Groundwater Utilization Project (CI 5395).
4. Find that this action is not a project as defined under the California Environmental Quality Act.
K. Revised Water Shortage Declaration
RESOLUTION RESCINDING RESOLUTION NO. 2022023 AND DECLARING A LEVEL 3 WATER SUPPLY SHORTAGE PURSUANT TO MUNICIPAL CODE SECTION 102.1106 AND ENACTING ADDITIONAL WATER CONSERVATION MEASURES PURSUANT TO MUNICIPAL CODE SECTION 102.1112
RECOMMENDATION:
1. Rescind in its entirety Resolution No. 2022023 declaring a Level 4 Water Supply Shortage.
2. Adopt resolution declaring a Level 3 Water Supply Shortage with minor modifications pursuant to Municipal Code Section 102.1106.
3. Issue notice of termination for Agreement No. 130512022 with Cobalt Security Services, Inc., effective April 1, 2023.
4. Authorize acceptance of the Metropolitan Water District grant to partially offset the cost of water waste enforcement patrols up to 50 percent of the cost, but not to exceed $50,000, to A/C #61180254379900 (WTMWGT, Revenue From Districts).
5. Find that this action is not a project as defined under the California Environmental Quality Act.
11. PUBLIC HEARINGS:
A. City Council, Boards, Committees, and Commissions Meeting Procedures Revisions RESOLUTION ESTABLISHING REVISED STANDARDS OF OPERATION
GOVERNING CONDUCT OF CITY COUNCIL AND CITY STANDING COMMITTEES, COMMISSIONS AND BOARDS AND RESCINDING RESOLUTION NOS. 2001129 AND 2011066
RESOLUTION REVISING GUIDELINES FOR PUBLIC INPUT AT CITY COUNCIL MEETINGS AND RESCINDING RESOLUTION NO. 2011067
ORDINANCE AMENDING SECTIONS 18.106, 18.108, 18.110, 18.113, 18.114, 18.115, 18.117, 18.124, 18.125, 18.126 OF MUNICIPAL CODE REGARDING COUNCIL MEETINGS AND PROCEDURES
1ST READING
RECOMMENDATION:
1. Adopt resolution revising Standards of Operation governing conduct of City Council and City Standing Boards, Committees, and Commissions, and rescinding Resolution Nos. 2001129 and 2011066.
2. Adopt resolution revising Guidelines for Public Input at City Council meetings and rescinding Resolution No. 2011067.
3. Read ordinance in title only, waive further reading, and if no objection, introduce ordinance amending various sections of Title 1 Chapter 8 of the Thousand Oaks Municipal Code regarding City Council Meeting Procedures.
4. Find that this is not a project under the California Environmental Quality Act.
12. STUDY SESSIONS:
A. 2023 Citywide User Fees, Fines, Penalties, Rates, and Assessments (User Fees), and Development Impact Fees
RECOMMENDATION:
1. Receive information on User Fees and Development Impact Fees as presented at the Public Study Session and provide direction to staff.
2. Schedule a Public Hearing for April 25, 2023, to establish User Fees and Development Impact Fees to be effective July 1, 2023.
3. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).
13. DEPARTMENT REPORTS:
A. 2022 General Plan and Housing Element Annual Progress Report RECOMMENDATION:
1. Receive and file the 2022 General Plan and Housing Element Annual Progress Report.
2. Find that this action is not a project as defined under the California Environmental Quality Act.
B. Sign Regulations Update
RECOMMENDATION:
1. Receive report regarding the City’s current Municipal Code sign regulations and changes in State/Federal laws.
2. Provide comments and direction to staff regarding any desired revisions to the City’s Municipal Code related to sign regulations.
3. Find that this action is not a project as defined by the California Environmental Quality Act.
C. Campaign Contribution Update
RECOMMENDATION:
1. Receive report regarding the City’s campaign contribution limits regulations and provide direction to staff regarding campaign contributions.
2. Find that this action is not a project as defined by the California Environmental Quality Act.
14. COMMITTEE/COMISSION/BOARD REPORTS: None
15. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
16. COUNCIL ISSUES/RECOMMENDATIONS: None
17. CITY MANAGER:
A. Announcements and upcoming issues
18. PUBLIC NOTICES: None
19. ADJOURNMENT: Adjourn to Regular Meeting April 4, 2023 Agenda Post Date/Time: Mar 27, 2023, 5:00P.M.
CCD:61040\h:\common\agenda\2023\031423.docx
City Council
REGULAR MEETING
Tuesday, March 14, 2023
Andrew P. Fox City Council Chambers
Closed Session: 5:00 PM
Regular Session: 6:00 PM
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 half an hour before meeting start time. 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: Closed Session 5:00 p.m.
2. ROLL CALL:
3. PUBLIC COMMENTS: Comments on Closed Session items only
4. CLOSED SESSION:
A. CONFERENCE WITH LABOR NEGOTIATORS – City designated representatives:
Assistant City Manager Ingrid Hardy; Finance Director Jaime Boscarino; Human Resources Director Tim Giles; Deputy Human Resources Director Sharon Chen; Deputy Finance Director Carrie Matson; Employee Organizations: Thousand Oaks City Employees Association (TOCEA); Thousand Oaks Management Association (TOMA); Senior Management Association (SMA); and Executive Managers (Assistant City Manager, Deputy City Manager, Finance Director, Community Development Director, Public Works Director, City Clerk, Human Resources Director, Cultural Affairs Director, Library Director, Strategic Communications Director); Pursuant to California Government Code section 54957.6.
5. CLOSED SESSION REPORT:
6. PLEDGE OF ALLEGIANCE:
7. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
8. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. Proclamation – Donate Life Month
B. Proclamation – Red Cross Month
C. Special Crossing Guard Presentation
9. 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)
10. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify March 1, 2023, and March 8, 2023; approve March 15, 2023, March 22, 2023, and March 29, 2023, subject to review and ratification
B. Minutes of City Council meeting of February 28, 2023 RECOMMENDATION:
Approve
C. Traffic and Transportation Advisory Commission Meeting Date Change RESOLUTION ESTABLISHING THE TRAFFIC AND TRANSPORTATION ADVISORY COMMISSION (RESCINDING RESOLUTION NO. 2017001)
RECOMMENDATION:
1. Review recommendation of the Traffic and Transportation Advisory Commission (TTAC) to change the regular meeting date of the TTAC from the third Wednesday of each month to the fourth Wednesday of each month.
2. If the City Council concurs with TTAC’s recommendation, adopt resolution amending and restating the resolution establishing the TTAC with the recommended meeting date change.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
D. Library Circulating Materials
RECOMMENDATION:
1. Authorize expenditure in an amount nottoexceed $600,000 in FY 202223 for Library circulating materials (books, databases, periodicals, electronic books, audio books, etc.) from A/C #11072206733231 (Materials, Circulating Books) for the following vendors: Ingram Library Services LLC (St. Louis, MO), Overdrive Inc. (Cleveland, OH), Gale Cengage Learning Inc. (Farmington Hills, MI), Baker & Taylor Inc. (Atlanta, GA), Midwest Tape (Holland, OH), and CALIFA Group (San Francisco, CA).
2. Find that this action is not a project as defined under the California Environmental Quality Act.
E. Cooperative Purchasing Agreement for Office Supplies RECOMMENDATION:
1. Approve piggyback agreement with ODP Solutions, LLC (Boca Raton, FL), using the Region 4 Education Service Center (ESC), Houston, TX, agreement through OMNIA Partners, for office supplies, related products, and services through June 30, 2024, and authorize City Manager to sign Participating Addendum in substantially the form as attached.
2. Authorize expenditure nottoexceed $90,000 total from various department accounts for Office Supplies (3110) and Paper (3113).
3. Find that this action is not a project as defined under the California Environmental Quality Act Guidelines.
F. Fuel Budget Appropriation and Fueling Station Expenditure Increase RECOMMENDATION:
1. Authorize budget appropriation and expenditure in the amount of $710,000; $670,000 from A/C #00156404849900 (General Fund, Vehicle Fuel Reimbursement) to A/C #00156406313510 (General Fund, Vehicle Fuel) and $40,000 from A/C #62100003419900 (Wastewater Fund, Net Position) to A/C #62182506853510 (Wastewater Fund, Vehicle Fuel) for unleaded fuel, renewable diesel, and compressed natural gas from Trillium USA Company, LLC (Houston, TX) and Falcon Fuels, Inc (Paramount, CA).
2. Authorize additional expenditure in the amount of $500,000 under existing fiveyear Operations and Maintenance Services Agreement with Trillium USA Company, LLC (Houston, TX) for Compressed Natural Gas purchases and equipment maintenance for a revised nottoexceed amount of $1,412,000 through June 30, 2026.
3. Authorize additional annual expenditure in the amount of $124,500 under existing fiveyear Operations and Maintenance Services Agreement with Trillium USA Company, LLC (Houston, TX) for Compressed Natural Gas purchases and equipment maintenance for a revised annual nottoexceed amount of $304,500 from A/C #001 56406313510 for FY 202223 through FY 202526.
4. Approve cooperative purchasing agreement with the State of California fuel contract No. 1239102C to purchase and receive unleaded gasoline and renewable diesel fuel from Falcon Fuels, Inc. (Paramount, CA) for a threeyear period, beginning March 2, 2023, through March 1, 2026, with State option to extend two additional years through March 1, 2028.
5. Authorize expenditure in the amount nottoexceed $1,200,000 for each fiscal year from A/C #00156406313510 (General Fund, Vehicle Fuel), in accordance with the general terms and conditions set forth in the State of California Contract No. 12391 02C.
6. Find that this action is not a project as defined under the California Environmental Quality Act.
G. Hill Canyon Treatment Plant Retaining Wall Project (CI 5444) RECOMMENDATION:
1. Approve Sixth Amendment to Professional Services Agreement No. 123772020 with m6 Consulting, Inc. of Westlake Village, CA, for additional Construction Phase Services on the Hill Canyon Treatment Plant Retaining Wall Project (CI 5444) in the amount of $42,365 for a new revised nottoexceed amount of $282,196.
2. Approve budget appropriation and expenditure in the amount of $42,365 from A/C #62400003419900 (Wastewater Fund, Net Position) to A/C #62482506828300 (CI 5444, Hill Canyon Treatment Plant Retaining Wall Project).
3. Find that the project is Categorically Exempt from California Environmental Quality Act pursuant to 14 CCR §§ 15301, 15302, and 15304.
H. 2023 Sidewalk and Concrete Replacement Program (MI 2557) RECOMMENDATION:
1. Authorize staff to advertise the 2023 Sidewalk and Concrete Replacement Program (MI 2557) for construction bids.
2. Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.
I. Purchase Used Bus to Support Summer Beach Bus Program RECOMMENDATION:
1. Authorize staff to waive City’s normal equipment purchasing process of Thousand Oaks Municipal Code Sec. 310.201 for the purchase of a used motorcoachtype bus to support Summer Beach Bus Program and Special Projects.
2. Authorize staff to open a purchase order in an amount nottoexceed $150,000.
3. Approve budget appropriation and expenditure in an amount nottoexceed $150,000 from A/C #65100003419900 (Transportation Fund, Net Position) to A/C #65155406858400 (Bus/Equipment Over $5,000).
4. Find that this action is not a project as defined under the California Environmental Quality Act.
J. Thousand Oaks Groundwater Utilization Project (CI 5395) RECOMMENDATION:
1. Approve Professional Services Agreement with Kennedy/Jenks Consultants, Inc. of Oxnard, CA in an amount nottoexceed $164,759 for performing engineering analysis and preparation of the preliminary design for a conveyance system to carry groundwater from Los Robles Golf Course Well and the Hill Canyon Treatment Plant to the planned Las Virgenes Municipal Water District Advanced Water Purification Facility.
2. Authorize expenditure in the amount of $181,259 ($164,759 Kennedy/Jenks agreement, plus extra services of $16,500) from A/C #61380606828300 (CI 5395, Thousand Oaks Groundwater Utilization Project).
3. Approve Single Source designation for Kennedy/Jenks Consultants, Inc. to enter into an agreement for Professional Services in connection with the Thousand Oaks Groundwater Utilization Project (CI 5395).
4. Find that this action is not a project as defined under the California Environmental Quality Act.
K. Revised Water Shortage Declaration
RESOLUTION RESCINDING RESOLUTION NO. 2022023 AND DECLARING A LEVEL 3 WATER SUPPLY SHORTAGE PURSUANT TO MUNICIPAL CODE SECTION 102.1106 AND ENACTING ADDITIONAL WATER CONSERVATION MEASURES PURSUANT TO MUNICIPAL CODE SECTION 102.1112
RECOMMENDATION:
1. Rescind in its entirety Resolution No. 2022023 declaring a Level 4 Water Supply Shortage.
2. Adopt resolution declaring a Level 3 Water Supply Shortage with minor modifications pursuant to Municipal Code Section 102.1106.
3. Issue notice of termination for Agreement No. 130512022 with Cobalt Security Services, Inc., effective April 1, 2023.
4. Authorize acceptance of the Metropolitan Water District grant to partially offset the cost of water waste enforcement patrols up to 50 percent of the cost, but not to exceed $50,000, to A/C #61180254379900 (WTMWGT, Revenue From Districts).
5. Find that this action is not a project as defined under the California Environmental Quality Act.
11. PUBLIC HEARINGS:
A. City Council, Boards, Committees, and Commissions Meeting Procedures Revisions RESOLUTION ESTABLISHING REVISED STANDARDS OF OPERATION
GOVERNING CONDUCT OF CITY COUNCIL AND CITY STANDING COMMITTEES, COMMISSIONS AND BOARDS AND RESCINDING RESOLUTION NOS. 2001129 AND 2011066
RESOLUTION REVISING GUIDELINES FOR PUBLIC INPUT AT CITY COUNCIL MEETINGS AND RESCINDING RESOLUTION NO. 2011067
ORDINANCE AMENDING SECTIONS 18.106, 18.108, 18.110, 18.113, 18.114, 18.115, 18.117, 18.124, 18.125, 18.126 OF MUNICIPAL CODE REGARDING COUNCIL MEETINGS AND PROCEDURES
1ST READING
RECOMMENDATION:
1. Adopt resolution revising Standards of Operation governing conduct of City Council and City Standing Boards, Committees, and Commissions, and rescinding Resolution Nos. 2001129 and 2011066.
2. Adopt resolution revising Guidelines for Public Input at City Council meetings and rescinding Resolution No. 2011067.
3. Read ordinance in title only, waive further reading, and if no objection, introduce ordinance amending various sections of Title 1 Chapter 8 of the Thousand Oaks Municipal Code regarding City Council Meeting Procedures.
4. Find that this is not a project under the California Environmental Quality Act.
12. STUDY SESSIONS:
A. 2023 Citywide User Fees, Fines, Penalties, Rates, and Assessments (User Fees), and Development Impact Fees
RECOMMENDATION:
1. Receive information on User Fees and Development Impact Fees as presented at the Public Study Session and provide direction to staff.
2. Schedule a Public Hearing for April 25, 2023, to establish User Fees and Development Impact Fees to be effective July 1, 2023.
3. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).
13. DEPARTMENT REPORTS:
A. 2022 General Plan and Housing Element Annual Progress Report RECOMMENDATION:
1. Receive and file the 2022 General Plan and Housing Element Annual Progress Report.
2. Find that this action is not a project as defined under the California Environmental Quality Act.
B. Sign Regulations Update
RECOMMENDATION:
1. Receive report regarding the City’s current Municipal Code sign regulations and changes in State/Federal laws.
2. Provide comments and direction to staff regarding any desired revisions to the City’s Municipal Code related to sign regulations.
3. Find that this action is not a project as defined by the California Environmental Quality Act.
C. Campaign Contribution Update
RECOMMENDATION:
1. Receive report regarding the City’s campaign contribution limits regulations and provide direction to staff regarding campaign contributions.
2. Find that this action is not a project as defined by the California Environmental Quality Act.
14. COMMITTEE/COMISSION/BOARD REPORTS: None
15. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
16. COUNCIL ISSUES/RECOMMENDATIONS: None
17. CITY MANAGER:
A. Announcements and upcoming issues
18. PUBLIC NOTICES: None
19. ADJOURNMENT: Adjourn to Regular Meeting April 4, 2023 Agenda Post Date/Time: Mar 27, 2023, 5:00P.M.
CCD:61040\h:\common\agenda\2023\031423.docx
City Council
REGULAR MEETING
Tuesday, March 14, 2023
Andrew P. Fox City Council Chambers
Closed Session: 5:00 PM
Regular Session: 6:00 PM
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 half an hour before meeting start time. 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: Closed Session 5:00 p.m.
2. ROLL CALL:
3. PUBLIC COMMENTS: Comments on Closed Session items only
4. CLOSED SESSION:
A. CONFERENCE WITH LABOR NEGOTIATORS – City designated representatives:
Assistant City Manager Ingrid Hardy; Finance Director Jaime Boscarino; Human Resources Director Tim Giles; Deputy Human Resources Director Sharon Chen; Deputy Finance Director Carrie Matson; Employee Organizations: Thousand Oaks City Employees Association (TOCEA); Thousand Oaks Management Association (TOMA); Senior Management Association (SMA); and Executive Managers (Assistant City Manager, Deputy City Manager, Finance Director, Community Development Director, Public Works Director, City Clerk, Human Resources Director, Cultural Affairs Director, Library Director, Strategic Communications Director); Pursuant to California Government Code section 54957.6.
5. CLOSED SESSION REPORT:
6. PLEDGE OF ALLEGIANCE:
7. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
8. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. Proclamation – Donate Life Month
B. Proclamation – Red Cross Month
C. Special Crossing Guard Presentation
9. 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)
10. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify March 1, 2023, and March 8, 2023; approve March 15, 2023, March 22, 2023, and March 29, 2023, subject to review and ratification
B. Minutes of City Council meeting of February 28, 2023 RECOMMENDATION:
Approve
C. Traffic and Transportation Advisory Commission Meeting Date Change RESOLUTION ESTABLISHING THE TRAFFIC AND TRANSPORTATION ADVISORY COMMISSION (RESCINDING RESOLUTION NO. 2017001)
RECOMMENDATION:
1. Review recommendation of the Traffic and Transportation Advisory Commission (TTAC) to change the regular meeting date of the TTAC from the third Wednesday of each month to the fourth Wednesday of each month.
2. If the City Council concurs with TTAC’s recommendation, adopt resolution amending and restating the resolution establishing the TTAC with the recommended meeting date change.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
D. Library Circulating Materials
RECOMMENDATION:
1. Authorize expenditure in an amount nottoexceed $600,000 in FY 202223 for Library circulating materials (books, databases, periodicals, electronic books, audio books, etc.) from A/C #11072206733231 (Materials, Circulating Books) for the following vendors: Ingram Library Services LLC (St. Louis, MO), Overdrive Inc. (Cleveland, OH), Gale Cengage Learning Inc. (Farmington Hills, MI), Baker & Taylor Inc. (Atlanta, GA), Midwest Tape (Holland, OH), and CALIFA Group (San Francisco, CA).
2. Find that this action is not a project as defined under the California Environmental Quality Act.
E. Cooperative Purchasing Agreement for Office Supplies RECOMMENDATION:
1. Approve piggyback agreement with ODP Solutions, LLC (Boca Raton, FL), using the Region 4 Education Service Center (ESC), Houston, TX, agreement through OMNIA Partners, for office supplies, related products, and services through June 30, 2024, and authorize City Manager to sign Participating Addendum in substantially the form as attached.
2. Authorize expenditure nottoexceed $90,000 total from various department accounts for Office Supplies (3110) and Paper (3113).
3. Find that this action is not a project as defined under the California Environmental Quality Act Guidelines.
F. Fuel Budget Appropriation and Fueling Station Expenditure Increase RECOMMENDATION:
1. Authorize budget appropriation and expenditure in the amount of $710,000; $670,000 from A/C #00156404849900 (General Fund, Vehicle Fuel Reimbursement) to A/C #00156406313510 (General Fund, Vehicle Fuel) and $40,000 from A/C #62100003419900 (Wastewater Fund, Net Position) to A/C #62182506853510 (Wastewater Fund, Vehicle Fuel) for unleaded fuel, renewable diesel, and compressed natural gas from Trillium USA Company, LLC (Houston, TX) and Falcon Fuels, Inc (Paramount, CA).
2. Authorize additional expenditure in the amount of $500,000 under existing fiveyear Operations and Maintenance Services Agreement with Trillium USA Company, LLC (Houston, TX) for Compressed Natural Gas purchases and equipment maintenance for a revised nottoexceed amount of $1,412,000 through June 30, 2026.
3. Authorize additional annual expenditure in the amount of $124,500 under existing fiveyear Operations and Maintenance Services Agreement with Trillium USA Company, LLC (Houston, TX) for Compressed Natural Gas purchases and equipment maintenance for a revised annual nottoexceed amount of $304,500 from A/C #001 56406313510 for FY 202223 through FY 202526.
4. Approve cooperative purchasing agreement with the State of California fuel contract No. 1239102C to purchase and receive unleaded gasoline and renewable diesel fuel from Falcon Fuels, Inc. (Paramount, CA) for a threeyear period, beginning March 2, 2023, through March 1, 2026, with State option to extend two additional years through March 1, 2028.
5. Authorize expenditure in the amount nottoexceed $1,200,000 for each fiscal year from A/C #00156406313510 (General Fund, Vehicle Fuel), in accordance with the general terms and conditions set forth in the State of California Contract No. 12391 02C.
6. Find that this action is not a project as defined under the California Environmental Quality Act.
G. Hill Canyon Treatment Plant Retaining Wall Project (CI 5444) RECOMMENDATION:
1. Approve Sixth Amendment to Professional Services Agreement No. 123772020 with m6 Consulting, Inc. of Westlake Village, CA, for additional Construction Phase Services on the Hill Canyon Treatment Plant Retaining Wall Project (CI 5444) in the amount of $42,365 for a new revised nottoexceed amount of $282,196.
2. Approve budget appropriation and expenditure in the amount of $42,365 from A/C #62400003419900 (Wastewater Fund, Net Position) to A/C #62482506828300 (CI 5444, Hill Canyon Treatment Plant Retaining Wall Project).
3. Find that the project is Categorically Exempt from California Environmental Quality Act pursuant to 14 CCR §§ 15301, 15302, and 15304.
H. 2023 Sidewalk and Concrete Replacement Program (MI 2557) RECOMMENDATION:
1. Authorize staff to advertise the 2023 Sidewalk and Concrete Replacement Program (MI 2557) for construction bids.
2. Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.
I. Purchase Used Bus to Support Summer Beach Bus Program RECOMMENDATION:
1. Authorize staff to waive City’s normal equipment purchasing process of Thousand Oaks Municipal Code Sec. 310.201 for the purchase of a used motorcoachtype bus to support Summer Beach Bus Program and Special Projects.
2. Authorize staff to open a purchase order in an amount nottoexceed $150,000.
3. Approve budget appropriation and expenditure in an amount nottoexceed $150,000 from A/C #65100003419900 (Transportation Fund, Net Position) to A/C #65155406858400 (Bus/Equipment Over $5,000).
4. Find that this action is not a project as defined under the California Environmental Quality Act.
J. Thousand Oaks Groundwater Utilization Project (CI 5395) RECOMMENDATION:
1. Approve Professional Services Agreement with Kennedy/Jenks Consultants, Inc. of Oxnard, CA in an amount nottoexceed $164,759 for performing engineering analysis and preparation of the preliminary design for a conveyance system to carry groundwater from Los Robles Golf Course Well and the Hill Canyon Treatment Plant to the planned Las Virgenes Municipal Water District Advanced Water Purification Facility.
2. Authorize expenditure in the amount of $181,259 ($164,759 Kennedy/Jenks agreement, plus extra services of $16,500) from A/C #61380606828300 (CI 5395, Thousand Oaks Groundwater Utilization Project).
3. Approve Single Source designation for Kennedy/Jenks Consultants, Inc. to enter into an agreement for Professional Services in connection with the Thousand Oaks Groundwater Utilization Project (CI 5395).
4. Find that this action is not a project as defined under the California Environmental Quality Act.
K. Revised Water Shortage Declaration
RESOLUTION RESCINDING RESOLUTION NO. 2022023 AND DECLARING A LEVEL 3 WATER SUPPLY SHORTAGE PURSUANT TO MUNICIPAL CODE SECTION 102.1106 AND ENACTING ADDITIONAL WATER CONSERVATION MEASURES PURSUANT TO MUNICIPAL CODE SECTION 102.1112
RECOMMENDATION:
1. Rescind in its entirety Resolution No. 2022023 declaring a Level 4 Water Supply Shortage.
2. Adopt resolution declaring a Level 3 Water Supply Shortage with minor modifications pursuant to Municipal Code Section 102.1106.
3. Issue notice of termination for Agreement No. 130512022 with Cobalt Security Services, Inc., effective April 1, 2023.
4. Authorize acceptance of the Metropolitan Water District grant to partially offset the cost of water waste enforcement patrols up to 50 percent of the cost, but not to exceed $50,000, to A/C #61180254379900 (WTMWGT, Revenue From Districts).
5. Find that this action is not a project as defined under the California Environmental Quality Act.
11. PUBLIC HEARINGS:
A. City Council, Boards, Committees, and Commissions Meeting Procedures Revisions RESOLUTION ESTABLISHING REVISED STANDARDS OF OPERATION
GOVERNING CONDUCT OF CITY COUNCIL AND CITY STANDING COMMITTEES, COMMISSIONS AND BOARDS AND RESCINDING RESOLUTION NOS. 2001129 AND 2011066
RESOLUTION REVISING GUIDELINES FOR PUBLIC INPUT AT CITY COUNCIL MEETINGS AND RESCINDING RESOLUTION NO. 2011067
ORDINANCE AMENDING SECTIONS 18.106, 18.108, 18.110, 18.113, 18.114, 18.115, 18.117, 18.124, 18.125, 18.126 OF MUNICIPAL CODE REGARDING COUNCIL MEETINGS AND PROCEDURES
1ST READING
RECOMMENDATION:
1. Adopt resolution revising Standards of Operation governing conduct of City Council and City Standing Boards, Committees, and Commissions, and rescinding Resolution Nos. 2001129 and 2011066.
2. Adopt resolution revising Guidelines for Public Input at City Council meetings and rescinding Resolution No. 2011067.
3. Read ordinance in title only, waive further reading, and if no objection, introduce ordinance amending various sections of Title 1 Chapter 8 of the Thousand Oaks Municipal Code regarding City Council Meeting Procedures.
4. Find that this is not a project under the California Environmental Quality Act.
12. STUDY SESSIONS:
A. 2023 Citywide User Fees, Fines, Penalties, Rates, and Assessments (User Fees), and Development Impact Fees
RECOMMENDATION:
1. Receive information on User Fees and Development Impact Fees as presented at the Public Study Session and provide direction to staff.
2. Schedule a Public Hearing for April 25, 2023, to establish User Fees and Development Impact Fees to be effective July 1, 2023.
3. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).
13. DEPARTMENT REPORTS:
A. 2022 General Plan and Housing Element Annual Progress Report RECOMMENDATION:
1. Receive and file the 2022 General Plan and Housing Element Annual Progress Report.
2. Find that this action is not a project as defined under the California Environmental Quality Act.
B. Sign Regulations Update
RECOMMENDATION:
1. Receive report regarding the City’s current Municipal Code sign regulations and changes in State/Federal laws.
2. Provide comments and direction to staff regarding any desired revisions to the City’s Municipal Code related to sign regulations.
3. Find that this action is not a project as defined by the California Environmental Quality Act.
C. Campaign Contribution Update
RECOMMENDATION:
1. Receive report regarding the City’s campaign contribution limits regulations and provide direction to staff regarding campaign contributions.
2. Find that this action is not a project as defined by the California Environmental Quality Act.
14. COMMITTEE/COMISSION/BOARD REPORTS: None
15. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
16. COUNCIL ISSUES/RECOMMENDATIONS: None
17. CITY MANAGER:
A. Announcements and upcoming issues
18. PUBLIC NOTICES: None
19. ADJOURNMENT: Adjourn to Regular Meeting April 4, 2023 Agenda Post Date/Time: Mar 27, 2023, 5:00P.M.
CCD:61040\h:\common\agenda\2023\031423.docx
City Council
REGULAR MEETING
Tuesday, March 14, 2023
Andrew P. Fox City Council Chambers
Closed Session: 5:00 PM
Regular Session: 6:00 PM
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 half an hour before meeting start time. 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: Closed Session 5:00 p.m.
2. ROLL CALL:
3. PUBLIC COMMENTS: Comments on Closed Session items only
4. CLOSED SESSION:
A. CONFERENCE WITH LABOR NEGOTIATORS – City designated representatives:
Assistant City Manager Ingrid Hardy; Finance Director Jaime Boscarino; Human Resources Director Tim Giles; Deputy Human Resources Director Sharon Chen; Deputy Finance Director Carrie Matson; Employee Organizations: Thousand Oaks City Employees Association (TOCEA); Thousand Oaks Management Association (TOMA); Senior Management Association (SMA); and Executive Managers (Assistant City Manager, Deputy City Manager, Finance Director, Community Development Director, Public Works Director, City Clerk, Human Resources Director, Cultural Affairs Director, Library Director, Strategic Communications Director); Pursuant to California Government Code section 54957.6.
5. CLOSED SESSION REPORT:
6. PLEDGE OF ALLEGIANCE:
7. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
8. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. Proclamation – Donate Life Month
B. Proclamation – Red Cross Month
C. Special Crossing Guard Presentation
9. 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)
10. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify March 1, 2023, and March 8, 2023; approve March 15, 2023, March 22, 2023, and March 29, 2023, subject to review and ratification
B. Minutes of City Council meeting of February 28, 2023 RECOMMENDATION:
Approve
C. Traffic and Transportation Advisory Commission Meeting Date Change RESOLUTION ESTABLISHING THE TRAFFIC AND TRANSPORTATION ADVISORY COMMISSION (RESCINDING RESOLUTION NO. 2017001)
RECOMMENDATION:
1. Review recommendation of the Traffic and Transportation Advisory Commission (TTAC) to change the regular meeting date of the TTAC from the third Wednesday of each month to the fourth Wednesday of each month.
2. If the City Council concurs with TTAC’s recommendation, adopt resolution amending and restating the resolution establishing the TTAC with the recommended meeting date change.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
D. Library Circulating Materials
RECOMMENDATION:
1. Authorize expenditure in an amount nottoexceed $600,000 in FY 202223 for Library circulating materials (books, databases, periodicals, electronic books, audio books, etc.) from A/C #11072206733231 (Materials, Circulating Books) for the following vendors: Ingram Library Services LLC (St. Louis, MO), Overdrive Inc. (Cleveland, OH), Gale Cengage Learning Inc. (Farmington Hills, MI), Baker & Taylor Inc. (Atlanta, GA), Midwest Tape (Holland, OH), and CALIFA Group (San Francisco, CA).
2. Find that this action is not a project as defined under the California Environmental Quality Act.
E. Cooperative Purchasing Agreement for Office Supplies RECOMMENDATION:
1. Approve piggyback agreement with ODP Solutions, LLC (Boca Raton, FL), using the Region 4 Education Service Center (ESC), Houston, TX, agreement through OMNIA Partners, for office supplies, related products, and services through June 30, 2024, and authorize City Manager to sign Participating Addendum in substantially the form as attached.
2. Authorize expenditure nottoexceed $90,000 total from various department accounts for Office Supplies (3110) and Paper (3113).
3. Find that this action is not a project as defined under the California Environmental Quality Act Guidelines.
F. Fuel Budget Appropriation and Fueling Station Expenditure Increase RECOMMENDATION:
1. Authorize budget appropriation and expenditure in the amount of $710,000; $670,000 from A/C #00156404849900 (General Fund, Vehicle Fuel Reimbursement) to A/C #00156406313510 (General Fund, Vehicle Fuel) and $40,000 from A/C #62100003419900 (Wastewater Fund, Net Position) to A/C #62182506853510 (Wastewater Fund, Vehicle Fuel) for unleaded fuel, renewable diesel, and compressed natural gas from Trillium USA Company, LLC (Houston, TX) and Falcon Fuels, Inc (Paramount, CA).
2. Authorize additional expenditure in the amount of $500,000 under existing fiveyear Operations and Maintenance Services Agreement with Trillium USA Company, LLC (Houston, TX) for Compressed Natural Gas purchases and equipment maintenance for a revised nottoexceed amount of $1,412,000 through June 30, 2026.
3. Authorize additional annual expenditure in the amount of $124,500 under existing fiveyear Operations and Maintenance Services Agreement with Trillium USA Company, LLC (Houston, TX) for Compressed Natural Gas purchases and equipment maintenance for a revised annual nottoexceed amount of $304,500 from A/C #001 56406313510 for FY 202223 through FY 202526.
4. Approve cooperative purchasing agreement with the State of California fuel contract No. 1239102C to purchase and receive unleaded gasoline and renewable diesel fuel from Falcon Fuels, Inc. (Paramount, CA) for a threeyear period, beginning March 2, 2023, through March 1, 2026, with State option to extend two additional years through March 1, 2028.
5. Authorize expenditure in the amount nottoexceed $1,200,000 for each fiscal year from A/C #00156406313510 (General Fund, Vehicle Fuel), in accordance with the general terms and conditions set forth in the State of California Contract No. 12391 02C.
6. Find that this action is not a project as defined under the California Environmental Quality Act.
G. Hill Canyon Treatment Plant Retaining Wall Project (CI 5444) RECOMMENDATION:
1. Approve Sixth Amendment to Professional Services Agreement No. 123772020 with m6 Consulting, Inc. of Westlake Village, CA, for additional Construction Phase Services on the Hill Canyon Treatment Plant Retaining Wall Project (CI 5444) in the amount of $42,365 for a new revised nottoexceed amount of $282,196.
2. Approve budget appropriation and expenditure in the amount of $42,365 from A/C #62400003419900 (Wastewater Fund, Net Position) to A/C #62482506828300 (CI 5444, Hill Canyon Treatment Plant Retaining Wall Project).
3. Find that the project is Categorically Exempt from California Environmental Quality Act pursuant to 14 CCR §§ 15301, 15302, and 15304.
H. 2023 Sidewalk and Concrete Replacement Program (MI 2557) RECOMMENDATION:
1. Authorize staff to advertise the 2023 Sidewalk and Concrete Replacement Program (MI 2557) for construction bids.
2. Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.
I. Purchase Used Bus to Support Summer Beach Bus Program RECOMMENDATION:
1. Authorize staff to waive City’s normal equipment purchasing process of Thousand Oaks Municipal Code Sec. 310.201 for the purchase of a used motorcoachtype bus to support Summer Beach Bus Program and Special Projects.
2. Authorize staff to open a purchase order in an amount nottoexceed $150,000.
3. Approve budget appropriation and expenditure in an amount nottoexceed $150,000 from A/C #65100003419900 (Transportation Fund, Net Position) to A/C #65155406858400 (Bus/Equipment Over $5,000).
4. Find that this action is not a project as defined under the California Environmental Quality Act.
J. Thousand Oaks Groundwater Utilization Project (CI 5395) RECOMMENDATION:
1. Approve Professional Services Agreement with Kennedy/Jenks Consultants, Inc. of Oxnard, CA in an amount nottoexceed $164,759 for performing engineering analysis and preparation of the preliminary design for a conveyance system to carry groundwater from Los Robles Golf Course Well and the Hill Canyon Treatment Plant to the planned Las Virgenes Municipal Water District Advanced Water Purification Facility.
2. Authorize expenditure in the amount of $181,259 ($164,759 Kennedy/Jenks agreement, plus extra services of $16,500) from A/C #61380606828300 (CI 5395, Thousand Oaks Groundwater Utilization Project).
3. Approve Single Source designation for Kennedy/Jenks Consultants, Inc. to enter into an agreement for Professional Services in connection with the Thousand Oaks Groundwater Utilization Project (CI 5395).
4. Find that this action is not a project as defined under the California Environmental Quality Act.
K. Revised Water Shortage Declaration
RESOLUTION RESCINDING RESOLUTION NO. 2022023 AND DECLARING A LEVEL 3 WATER SUPPLY SHORTAGE PURSUANT TO MUNICIPAL CODE SECTION 102.1106 AND ENACTING ADDITIONAL WATER CONSERVATION MEASURES PURSUANT TO MUNICIPAL CODE SECTION 102.1112
RECOMMENDATION:
1. Rescind in its entirety Resolution No. 2022023 declaring a Level 4 Water Supply Shortage.
2. Adopt resolution declaring a Level 3 Water Supply Shortage with minor modifications pursuant to Municipal Code Section 102.1106.
3. Issue notice of termination for Agreement No. 130512022 with Cobalt Security Services, Inc., effective April 1, 2023.
4. Authorize acceptance of the Metropolitan Water District grant to partially offset the cost of water waste enforcement patrols up to 50 percent of the cost, but not to exceed $50,000, to A/C #61180254379900 (WTMWGT, Revenue From Districts).
5. Find that this action is not a project as defined under the California Environmental Quality Act.
11. PUBLIC HEARINGS:
A. City Council, Boards, Committees, and Commissions Meeting Procedures Revisions RESOLUTION ESTABLISHING REVISED STANDARDS OF OPERATION
GOVERNING CONDUCT OF CITY COUNCIL AND CITY STANDING COMMITTEES, COMMISSIONS AND BOARDS AND RESCINDING RESOLUTION NOS. 2001129 AND 2011066
RESOLUTION REVISING GUIDELINES FOR PUBLIC INPUT AT CITY COUNCIL MEETINGS AND RESCINDING RESOLUTION NO. 2011067
ORDINANCE AMENDING SECTIONS 18.106, 18.108, 18.110, 18.113, 18.114, 18.115, 18.117, 18.124, 18.125, 18.126 OF MUNICIPAL CODE REGARDING COUNCIL MEETINGS AND PROCEDURES
1ST READING
RECOMMENDATION:
1. Adopt resolution revising Standards of Operation governing conduct of City Council and City Standing Boards, Committees, and Commissions, and rescinding Resolution Nos. 2001129 and 2011066.
2. Adopt resolution revising Guidelines for Public Input at City Council meetings and rescinding Resolution No. 2011067.
3. Read ordinance in title only, waive further reading, and if no objection, introduce ordinance amending various sections of Title 1 Chapter 8 of the Thousand Oaks Municipal Code regarding City Council Meeting Procedures.
4. Find that this is not a project under the California Environmental Quality Act.
12. STUDY SESSIONS:
A. 2023 Citywide User Fees, Fines, Penalties, Rates, and Assessments (User Fees), and Development Impact Fees
RECOMMENDATION:
1. Receive information on User Fees and Development Impact Fees as presented at the Public Study Session and provide direction to staff.
2. Schedule a Public Hearing for April 25, 2023, to establish User Fees and Development Impact Fees to be effective July 1, 2023.
3. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).
13. DEPARTMENT REPORTS:
A. 2022 General Plan and Housing Element Annual Progress Report RECOMMENDATION:
1. Receive and file the 2022 General Plan and Housing Element Annual Progress Report.
2. Find that this action is not a project as defined under the California Environmental Quality Act.
B. Sign Regulations Update
RECOMMENDATION:
1. Receive report regarding the City’s current Municipal Code sign regulations and changes in State/Federal laws.
2. Provide comments and direction to staff regarding any desired revisions to the City’s Municipal Code related to sign regulations.
3. Find that this action is not a project as defined by the California Environmental Quality Act.
C. Campaign Contribution Update
RECOMMENDATION:
1. Receive report regarding the City’s campaign contribution limits regulations and provide direction to staff regarding campaign contributions.
2. Find that this action is not a project as defined by the California Environmental Quality Act.
14. COMMITTEE/COMISSION/BOARD REPORTS: None
15. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
16. COUNCIL ISSUES/RECOMMENDATIONS: None
17. CITY MANAGER:
A. Announcements and upcoming issues
18. PUBLIC NOTICES: None
19. ADJOURNMENT: Adjourn to Regular Meeting April 4, 2023 Agenda Post Date/Time: Mar 27, 2023, 5:00P.M.
CCD:61040\h:\common\agenda\2023\031423.docx
City Council
REGULAR MEETING
Tuesday, March 14, 2023
Andrew P. Fox City Council Chambers
Closed Session: 5:00 PM
Regular Session: 6:00 PM
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 half an hour before meeting start time. 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: Closed Session 5:00 p.m.
2. ROLL CALL:
3. PUBLIC COMMENTS: Comments on Closed Session items only
4. CLOSED SESSION:
A. CONFERENCE WITH LABOR NEGOTIATORS – City designated representatives:
Assistant City Manager Ingrid Hardy; Finance Director Jaime Boscarino; Human Resources Director Tim Giles; Deputy Human Resources Director Sharon Chen; Deputy Finance Director Carrie Matson; Employee Organizations: Thousand Oaks City Employees Association (TOCEA); Thousand Oaks Management Association (TOMA); Senior Management Association (SMA); and Executive Managers (Assistant City Manager, Deputy City Manager, Finance Director, Community Development Director, Public Works Director, City Clerk, Human Resources Director, Cultural Affairs Director, Library Director, Strategic Communications Director); Pursuant to California Government Code section 54957.6.
5. CLOSED SESSION REPORT:
6. PLEDGE OF ALLEGIANCE:
7. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
8. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. Proclamation – Donate Life Month
B. Proclamation – Red Cross Month
C. Special Crossing Guard Presentation
9. 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)
10. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify March 1, 2023, and March 8, 2023; approve March 15, 2023, March 22, 2023, and March 29, 2023, subject to review and ratification
B. Minutes of City Council meeting of February 28, 2023 RECOMMENDATION:
Approve
C. Traffic and Transportation Advisory Commission Meeting Date Change RESOLUTION ESTABLISHING THE TRAFFIC AND TRANSPORTATION ADVISORY COMMISSION (RESCINDING RESOLUTION NO. 2017001)
RECOMMENDATION:
1. Review recommendation of the Traffic and Transportation Advisory Commission (TTAC) to change the regular meeting date of the TTAC from the third Wednesday of each month to the fourth Wednesday of each month.
2. If the City Council concurs with TTAC’s recommendation, adopt resolution amending and restating the resolution establishing the TTAC with the recommended meeting date change.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
D. Library Circulating Materials
RECOMMENDATION:
1. Authorize expenditure in an amount nottoexceed $600,000 in FY 202223 for Library circulating materials (books, databases, periodicals, electronic books, audio books, etc.) from A/C #11072206733231 (Materials, Circulating Books) for the following vendors: Ingram Library Services LLC (St. Louis, MO), Overdrive Inc. (Cleveland, OH), Gale Cengage Learning Inc. (Farmington Hills, MI), Baker & Taylor Inc. (Atlanta, GA), Midwest Tape (Holland, OH), and CALIFA Group (San Francisco, CA).
2. Find that this action is not a project as defined under the California Environmental Quality Act.
E. Cooperative Purchasing Agreement for Office Supplies RECOMMENDATION:
1. Approve piggyback agreement with ODP Solutions, LLC (Boca Raton, FL), using the Region 4 Education Service Center (ESC), Houston, TX, agreement through OMNIA Partners, for office supplies, related products, and services through June 30, 2024, and authorize City Manager to sign Participating Addendum in substantially the form as attached.
2. Authorize expenditure nottoexceed $90,000 total from various department accounts for Office Supplies (3110) and Paper (3113).
3. Find that this action is not a project as defined under the California Environmental Quality Act Guidelines.
F. Fuel Budget Appropriation and Fueling Station Expenditure Increase RECOMMENDATION:
1. Authorize budget appropriation and expenditure in the amount of $710,000; $670,000 from A/C #00156404849900 (General Fund, Vehicle Fuel Reimbursement) to A/C #00156406313510 (General Fund, Vehicle Fuel) and $40,000 from A/C #62100003419900 (Wastewater Fund, Net Position) to A/C #62182506853510 (Wastewater Fund, Vehicle Fuel) for unleaded fuel, renewable diesel, and compressed natural gas from Trillium USA Company, LLC (Houston, TX) and Falcon Fuels, Inc (Paramount, CA).
2. Authorize additional expenditure in the amount of $500,000 under existing fiveyear Operations and Maintenance Services Agreement with Trillium USA Company, LLC (Houston, TX) for Compressed Natural Gas purchases and equipment maintenance for a revised nottoexceed amount of $1,412,000 through June 30, 2026.
3. Authorize additional annual expenditure in the amount of $124,500 under existing fiveyear Operations and Maintenance Services Agreement with Trillium USA Company, LLC (Houston, TX) for Compressed Natural Gas purchases and equipment maintenance for a revised annual nottoexceed amount of $304,500 from A/C #001 56406313510 for FY 202223 through FY 202526.
4. Approve cooperative purchasing agreement with the State of California fuel contract No. 1239102C to purchase and receive unleaded gasoline and renewable diesel fuel from Falcon Fuels, Inc. (Paramount, CA) for a threeyear period, beginning March 2, 2023, through March 1, 2026, with State option to extend two additional years through March 1, 2028.
5. Authorize expenditure in the amount nottoexceed $1,200,000 for each fiscal year from A/C #00156406313510 (General Fund, Vehicle Fuel), in accordance with the general terms and conditions set forth in the State of California Contract No. 12391 02C.
6. Find that this action is not a project as defined under the California Environmental Quality Act.
G. Hill Canyon Treatment Plant Retaining Wall Project (CI 5444) RECOMMENDATION:
1. Approve Sixth Amendment to Professional Services Agreement No. 123772020 with m6 Consulting, Inc. of Westlake Village, CA, for additional Construction Phase Services on the Hill Canyon Treatment Plant Retaining Wall Project (CI 5444) in the amount of $42,365 for a new revised nottoexceed amount of $282,196.
2. Approve budget appropriation and expenditure in the amount of $42,365 from A/C #62400003419900 (Wastewater Fund, Net Position) to A/C #62482506828300 (CI 5444, Hill Canyon Treatment Plant Retaining Wall Project).
3. Find that the project is Categorically Exempt from California Environmental Quality Act pursuant to 14 CCR §§ 15301, 15302, and 15304.
H. 2023 Sidewalk and Concrete Replacement Program (MI 2557) RECOMMENDATION:
1. Authorize staff to advertise the 2023 Sidewalk and Concrete Replacement Program (MI 2557) for construction bids.
2. Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.
I. Purchase Used Bus to Support Summer Beach Bus Program RECOMMENDATION:
1. Authorize staff to waive City’s normal equipment purchasing process of Thousand Oaks Municipal Code Sec. 310.201 for the purchase of a used motorcoachtype bus to support Summer Beach Bus Program and Special Projects.
2. Authorize staff to open a purchase order in an amount nottoexceed $150,000.
3. Approve budget appropriation and expenditure in an amount nottoexceed $150,000 from A/C #65100003419900 (Transportation Fund, Net Position) to A/C #65155406858400 (Bus/Equipment Over $5,000).
4. Find that this action is not a project as defined under the California Environmental Quality Act.
J. Thousand Oaks Groundwater Utilization Project (CI 5395) RECOMMENDATION:
1. Approve Professional Services Agreement with Kennedy/Jenks Consultants, Inc. of Oxnard, CA in an amount nottoexceed $164,759 for performing engineering analysis and preparation of the preliminary design for a conveyance system to carry groundwater from Los Robles Golf Course Well and the Hill Canyon Treatment Plant to the planned Las Virgenes Municipal Water District Advanced Water Purification Facility.
2. Authorize expenditure in the amount of $181,259 ($164,759 Kennedy/Jenks agreement, plus extra services of $16,500) from A/C #61380606828300 (CI 5395, Thousand Oaks Groundwater Utilization Project).
3. Approve Single Source designation for Kennedy/Jenks Consultants, Inc. to enter into an agreement for Professional Services in connection with the Thousand Oaks Groundwater Utilization Project (CI 5395).
4. Find that this action is not a project as defined under the California Environmental Quality Act.
K. Revised Water Shortage Declaration
RESOLUTION RESCINDING RESOLUTION NO. 2022023 AND DECLARING A LEVEL 3 WATER SUPPLY SHORTAGE PURSUANT TO MUNICIPAL CODE SECTION 102.1106 AND ENACTING ADDITIONAL WATER CONSERVATION MEASURES PURSUANT TO MUNICIPAL CODE SECTION 102.1112
RECOMMENDATION:
1. Rescind in its entirety Resolution No. 2022023 declaring a Level 4 Water Supply Shortage.
2. Adopt resolution declaring a Level 3 Water Supply Shortage with minor modifications pursuant to Municipal Code Section 102.1106.
3. Issue notice of termination for Agreement No. 130512022 with Cobalt Security Services, Inc., effective April 1, 2023.
4. Authorize acceptance of the Metropolitan Water District grant to partially offset the cost of water waste enforcement patrols up to 50 percent of the cost, but not to exceed $50,000, to A/C #61180254379900 (WTMWGT, Revenue From Districts).
5. Find that this action is not a project as defined under the California Environmental Quality Act.
11. PUBLIC HEARINGS:
A. City Council, Boards, Committees, and Commissions Meeting Procedures Revisions RESOLUTION ESTABLISHING REVISED STANDARDS OF OPERATION
GOVERNING CONDUCT OF CITY COUNCIL AND CITY STANDING COMMITTEES, COMMISSIONS AND BOARDS AND RESCINDING RESOLUTION NOS. 2001129 AND 2011066
RESOLUTION REVISING GUIDELINES FOR PUBLIC INPUT AT CITY COUNCIL MEETINGS AND RESCINDING RESOLUTION NO. 2011067
ORDINANCE AMENDING SECTIONS 18.106, 18.108, 18.110, 18.113, 18.114, 18.115, 18.117, 18.124, 18.125, 18.126 OF MUNICIPAL CODE REGARDING COUNCIL MEETINGS AND PROCEDURES
1ST READING
RECOMMENDATION:
1. Adopt resolution revising Standards of Operation governing conduct of City Council and City Standing Boards, Committees, and Commissions, and rescinding Resolution Nos. 2001129 and 2011066.
2. Adopt resolution revising Guidelines for Public Input at City Council meetings and rescinding Resolution No. 2011067.
3. Read ordinance in title only, waive further reading, and if no objection, introduce ordinance amending various sections of Title 1 Chapter 8 of the Thousand Oaks Municipal Code regarding City Council Meeting Procedures.
4. Find that this is not a project under the California Environmental Quality Act.
12. STUDY SESSIONS:
A. 2023 Citywide User Fees, Fines, Penalties, Rates, and Assessments (User Fees), and Development Impact Fees
RECOMMENDATION:
1. Receive information on User Fees and Development Impact Fees as presented at the Public Study Session and provide direction to staff.
2. Schedule a Public Hearing for April 25, 2023, to establish User Fees and Development Impact Fees to be effective July 1, 2023.
3. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).
13. DEPARTMENT REPORTS:
A. 2022 General Plan and Housing Element Annual Progress Report RECOMMENDATION:
1. Receive and file the 2022 General Plan and Housing Element Annual Progress Report.
2. Find that this action is not a project as defined under the California Environmental Quality Act.
B. Sign Regulations Update
RECOMMENDATION:
1. Receive report regarding the City’s current Municipal Code sign regulations and changes in State/Federal laws.
2. Provide comments and direction to staff regarding any desired revisions to the City’s Municipal Code related to sign regulations.
3. Find that this action is not a project as defined by the California Environmental Quality Act.
C. Campaign Contribution Update
RECOMMENDATION:
1. Receive report regarding the City’s campaign contribution limits regulations and provide direction to staff regarding campaign contributions.
2. Find that this action is not a project as defined by the California Environmental Quality Act.
14. COMMITTEE/COMISSION/BOARD REPORTS: None
15. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
16. COUNCIL ISSUES/RECOMMENDATIONS: None
17. CITY MANAGER:
A. Announcements and upcoming issues
18. PUBLIC NOTICES: None
19. ADJOURNMENT: Adjourn to Regular Meeting April 4, 2023 Agenda Post Date/Time: Mar 27, 2023, 5:00P.M.
CCD:61040\h:\common\agenda\2023\031423.docx
City Council
REGULAR MEETING
Tuesday, March 14, 2023
Andrew P. Fox City Council Chambers
Closed Session: 5:00 PM
Regular Session: 6:00 PM
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 half an hour before meeting start time. 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: Closed Session 5:00 p.m.
2. ROLL CALL:
3. PUBLIC COMMENTS: Comments on Closed Session items only
4. CLOSED SESSION:
A. CONFERENCE WITH LABOR NEGOTIATORS – City designated representatives:
Assistant City Manager Ingrid Hardy; Finance Director Jaime Boscarino; Human Resources Director Tim Giles; Deputy Human Resources Director Sharon Chen; Deputy Finance Director Carrie Matson; Employee Organizations: Thousand Oaks City Employees Association (TOCEA); Thousand Oaks Management Association (TOMA); Senior Management Association (SMA); and Executive Managers (Assistant City Manager, Deputy City Manager, Finance Director, Community Development Director, Public Works Director, City Clerk, Human Resources Director, Cultural Affairs Director, Library Director, Strategic Communications Director); Pursuant to California Government Code section 54957.6.
5. CLOSED SESSION REPORT:
6. PLEDGE OF ALLEGIANCE:
7. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
8. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. Proclamation – Donate Life Month
B. Proclamation – Red Cross Month
C. Special Crossing Guard Presentation
9. 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)
10. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify March 1, 2023, and March 8, 2023; approve March 15, 2023, March 22, 2023, and March 29, 2023, subject to review and ratification
B. Minutes of City Council meeting of February 28, 2023 RECOMMENDATION:
Approve
C. Traffic and Transportation Advisory Commission Meeting Date Change RESOLUTION ESTABLISHING THE TRAFFIC AND TRANSPORTATION ADVISORY COMMISSION (RESCINDING RESOLUTION NO. 2017001)
RECOMMENDATION:
1. Review recommendation of the Traffic and Transportation Advisory Commission (TTAC) to change the regular meeting date of the TTAC from the third Wednesday of each month to the fourth Wednesday of each month.
2. If the City Council concurs with TTAC’s recommendation, adopt resolution amending and restating the resolution establishing the TTAC with the recommended meeting date change.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
D. Library Circulating Materials
RECOMMENDATION:
1. Authorize expenditure in an amount nottoexceed $600,000 in FY 202223 for Library circulating materials (books, databases, periodicals, electronic books, audio books, etc.) from A/C #11072206733231 (Materials, Circulating Books) for the following vendors: Ingram Library Services LLC (St. Louis, MO), Overdrive Inc. (Cleveland, OH), Gale Cengage Learning Inc. (Farmington Hills, MI), Baker & Taylor Inc. (Atlanta, GA), Midwest Tape (Holland, OH), and CALIFA Group (San Francisco, CA).
2. Find that this action is not a project as defined under the California Environmental Quality Act.
E. Cooperative Purchasing Agreement for Office Supplies RECOMMENDATION:
1. Approve piggyback agreement with ODP Solutions, LLC (Boca Raton, FL), using the Region 4 Education Service Center (ESC), Houston, TX, agreement through OMNIA Partners, for office supplies, related products, and services through June 30, 2024, and authorize City Manager to sign Participating Addendum in substantially the form as attached.
2. Authorize expenditure nottoexceed $90,000 total from various department accounts for Office Supplies (3110) and Paper (3113).
3. Find that this action is not a project as defined under the California Environmental Quality Act Guidelines.
F. Fuel Budget Appropriation and Fueling Station Expenditure Increase RECOMMENDATION:
1. Authorize budget appropriation and expenditure in the amount of $710,000; $670,000 from A/C #00156404849900 (General Fund, Vehicle Fuel Reimbursement) to A/C #00156406313510 (General Fund, Vehicle Fuel) and $40,000 from A/C #62100003419900 (Wastewater Fund, Net Position) to A/C #62182506853510 (Wastewater Fund, Vehicle Fuel) for unleaded fuel, renewable diesel, and compressed natural gas from Trillium USA Company, LLC (Houston, TX) and Falcon Fuels, Inc (Paramount, CA).
2. Authorize additional expenditure in the amount of $500,000 under existing fiveyear Operations and Maintenance Services Agreement with Trillium USA Company, LLC (Houston, TX) for Compressed Natural Gas purchases and equipment maintenance for a revised nottoexceed amount of $1,412,000 through June 30, 2026.
3. Authorize additional annual expenditure in the amount of $124,500 under existing fiveyear Operations and Maintenance Services Agreement with Trillium USA Company, LLC (Houston, TX) for Compressed Natural Gas purchases and equipment maintenance for a revised annual nottoexceed amount of $304,500 from A/C #001 56406313510 for FY 202223 through FY 202526.
4. Approve cooperative purchasing agreement with the State of California fuel contract No. 1239102C to purchase and receive unleaded gasoline and renewable diesel fuel from Falcon Fuels, Inc. (Paramount, CA) for a threeyear period, beginning March 2, 2023, through March 1, 2026, with State option to extend two additional years through March 1, 2028.
5. Authorize expenditure in the amount nottoexceed $1,200,000 for each fiscal year from A/C #00156406313510 (General Fund, Vehicle Fuel), in accordance with the general terms and conditions set forth in the State of California Contract No. 12391 02C.
6. Find that this action is not a project as defined under the California Environmental Quality Act.
G. Hill Canyon Treatment Plant Retaining Wall Project (CI 5444) RECOMMENDATION:
1. Approve Sixth Amendment to Professional Services Agreement No. 123772020 with m6 Consulting, Inc. of Westlake Village, CA, for additional Construction Phase Services on the Hill Canyon Treatment Plant Retaining Wall Project (CI 5444) in the amount of $42,365 for a new revised nottoexceed amount of $282,196.
2. Approve budget appropriation and expenditure in the amount of $42,365 from A/C #62400003419900 (Wastewater Fund, Net Position) to A/C #62482506828300 (CI 5444, Hill Canyon Treatment Plant Retaining Wall Project).
3. Find that the project is Categorically Exempt from California Environmental Quality Act pursuant to 14 CCR §§ 15301, 15302, and 15304.
H. 2023 Sidewalk and Concrete Replacement Program (MI 2557) RECOMMENDATION:
1. Authorize staff to advertise the 2023 Sidewalk and Concrete Replacement Program (MI 2557) for construction bids.
2. Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.
I. Purchase Used Bus to Support Summer Beach Bus Program RECOMMENDATION:
1. Authorize staff to waive City’s normal equipment purchasing process of Thousand Oaks Municipal Code Sec. 310.201 for the purchase of a used motorcoachtype bus to support Summer Beach Bus Program and Special Projects.
2. Authorize staff to open a purchase order in an amount nottoexceed $150,000.
3. Approve budget appropriation and expenditure in an amount nottoexceed $150,000 from A/C #65100003419900 (Transportation Fund, Net Position) to A/C #65155406858400 (Bus/Equipment Over $5,000).
4. Find that this action is not a project as defined under the California Environmental Quality Act.
J. Thousand Oaks Groundwater Utilization Project (CI 5395) RECOMMENDATION:
1. Approve Professional Services Agreement with Kennedy/Jenks Consultants, Inc. of Oxnard, CA in an amount nottoexceed $164,759 for performing engineering analysis and preparation of the preliminary design for a conveyance system to carry groundwater from Los Robles Golf Course Well and the Hill Canyon Treatment Plant to the planned Las Virgenes Municipal Water District Advanced Water Purification Facility.
2. Authorize expenditure in the amount of $181,259 ($164,759 Kennedy/Jenks agreement, plus extra services of $16,500) from A/C #61380606828300 (CI 5395, Thousand Oaks Groundwater Utilization Project).
3. Approve Single Source designation for Kennedy/Jenks Consultants, Inc. to enter into an agreement for Professional Services in connection with the Thousand Oaks Groundwater Utilization Project (CI 5395).
4. Find that this action is not a project as defined under the California Environmental Quality Act.
K. Revised Water Shortage Declaration
RESOLUTION RESCINDING RESOLUTION NO. 2022023 AND DECLARING A LEVEL 3 WATER SUPPLY SHORTAGE PURSUANT TO MUNICIPAL CODE SECTION 102.1106 AND ENACTING ADDITIONAL WATER CONSERVATION MEASURES PURSUANT TO MUNICIPAL CODE SECTION 102.1112
RECOMMENDATION:
1. Rescind in its entirety Resolution No. 2022023 declaring a Level 4 Water Supply Shortage.
2. Adopt resolution declaring a Level 3 Water Supply Shortage with minor modifications pursuant to Municipal Code Section 102.1106.
3. Issue notice of termination for Agreement No. 130512022 with Cobalt Security Services, Inc., effective April 1, 2023.
4. Authorize acceptance of the Metropolitan Water District grant to partially offset the cost of water waste enforcement patrols up to 50 percent of the cost, but not to exceed $50,000, to A/C #61180254379900 (WTMWGT, Revenue From Districts).
5. Find that this action is not a project as defined under the California Environmental Quality Act.
11. PUBLIC HEARINGS:
A. City Council, Boards, Committees, and Commissions Meeting Procedures Revisions RESOLUTION ESTABLISHING REVISED STANDARDS OF OPERATION
GOVERNING CONDUCT OF CITY COUNCIL AND CITY STANDING COMMITTEES, COMMISSIONS AND BOARDS AND RESCINDING RESOLUTION NOS. 2001129 AND 2011066
RESOLUTION REVISING GUIDELINES FOR PUBLIC INPUT AT CITY COUNCIL MEETINGS AND RESCINDING RESOLUTION NO. 2011067
ORDINANCE AMENDING SECTIONS 18.106, 18.108, 18.110, 18.113, 18.114, 18.115, 18.117, 18.124, 18.125, 18.126 OF MUNICIPAL CODE REGARDING COUNCIL MEETINGS AND PROCEDURES
1ST READING
RECOMMENDATION:
1. Adopt resolution revising Standards of Operation governing conduct of City Council and City Standing Boards, Committees, and Commissions, and rescinding Resolution Nos. 2001129 and 2011066.
2. Adopt resolution revising Guidelines for Public Input at City Council meetings and rescinding Resolution No. 2011067.
3. Read ordinance in title only, waive further reading, and if no objection, introduce ordinance amending various sections of Title 1 Chapter 8 of the Thousand Oaks Municipal Code regarding City Council Meeting Procedures.
4. Find that this is not a project under the California Environmental Quality Act.
12. STUDY SESSIONS:
A. 2023 Citywide User Fees, Fines, Penalties, Rates, and Assessments (User Fees), and Development Impact Fees
RECOMMENDATION:
1. Receive information on User Fees and Development Impact Fees as presented at the Public Study Session and provide direction to staff.
2. Schedule a Public Hearing for April 25, 2023, to establish User Fees and Development Impact Fees to be effective July 1, 2023.
3. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).
13. DEPARTMENT REPORTS:
A. 2022 General Plan and Housing Element Annual Progress Report RECOMMENDATION:
1. Receive and file the 2022 General Plan and Housing Element Annual Progress Report.
2. Find that this action is not a project as defined under the California Environmental Quality Act.
B. Sign Regulations Update
RECOMMENDATION:
1. Receive report regarding the City’s current Municipal Code sign regulations and changes in State/Federal laws.
2. Provide comments and direction to staff regarding any desired revisions to the City’s Municipal Code related to sign regulations.
3. Find that this action is not a project as defined by the California Environmental Quality Act.
C. Campaign Contribution Update
RECOMMENDATION:
1. Receive report regarding the City’s campaign contribution limits regulations and provide direction to staff regarding campaign contributions.
2. Find that this action is not a project as defined by the California Environmental Quality Act.
14. COMMITTEE/COMISSION/BOARD REPORTS: None
15. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
16. COUNCIL ISSUES/RECOMMENDATIONS: None
17. CITY MANAGER:
A. Announcements and upcoming issues
18. PUBLIC NOTICES: None
19. ADJOURNMENT: Adjourn to Regular Meeting April 4, 2023 Agenda Post Date/Time: Mar 27, 2023, 5:00P.M.
CCD:61040\h:\common\agenda\2023\031423.docx
City Council
REGULAR MEETING
Tuesday, March 14, 2023
Andrew P. Fox City Council Chambers
Closed Session: 5:00 PM
Regular Session: 6:00 PM
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 half an hour before meeting start time. 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: Closed Session 5:00 p.m.
2. ROLL CALL:
3. PUBLIC COMMENTS: Comments on Closed Session items only
4. CLOSED SESSION:
A. CONFERENCE WITH LABOR NEGOTIATORS – City designated representatives:
Assistant City Manager Ingrid Hardy; Finance Director Jaime Boscarino; Human Resources Director Tim Giles; Deputy Human Resources Director Sharon Chen; Deputy Finance Director Carrie Matson; Employee Organizations: Thousand Oaks City Employees Association (TOCEA); Thousand Oaks Management Association (TOMA); Senior Management Association (SMA); and Executive Managers (Assistant City Manager, Deputy City Manager, Finance Director, Community Development Director, Public Works Director, City Clerk, Human Resources Director, Cultural Affairs Director, Library Director, Strategic Communications Director); Pursuant to California Government Code section 54957.6.
5. CLOSED SESSION REPORT:
6. PLEDGE OF ALLEGIANCE:
7. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
8. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. Proclamation – Donate Life Month
B. Proclamation – Red Cross Month
C. Special Crossing Guard Presentation
9. 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)
10. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify March 1, 2023, and March 8, 2023; approve March 15, 2023, March 22, 2023, and March 29, 2023, subject to review and ratification
B. Minutes of City Council meeting of February 28, 2023 RECOMMENDATION:
Approve
C. Traffic and Transportation Advisory Commission Meeting Date Change RESOLUTION ESTABLISHING THE TRAFFIC AND TRANSPORTATION ADVISORY COMMISSION (RESCINDING RESOLUTION NO. 2017001)
RECOMMENDATION:
1. Review recommendation of the Traffic and Transportation Advisory Commission (TTAC) to change the regular meeting date of the TTAC from the third Wednesday of each month to the fourth Wednesday of each month.
2. If the City Council concurs with TTAC’s recommendation, adopt resolution amending and restating the resolution establishing the TTAC with the recommended meeting date change.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
D. Library Circulating Materials
RECOMMENDATION:
1. Authorize expenditure in an amount nottoexceed $600,000 in FY 202223 for Library circulating materials (books, databases, periodicals, electronic books, audio books, etc.) from A/C #11072206733231 (Materials, Circulating Books) for the following vendors: Ingram Library Services LLC (St. Louis, MO), Overdrive Inc. (Cleveland, OH), Gale Cengage Learning Inc. (Farmington Hills, MI), Baker & Taylor Inc. (Atlanta, GA), Midwest Tape (Holland, OH), and CALIFA Group (San Francisco, CA).
2. Find that this action is not a project as defined under the California Environmental Quality Act.
E. Cooperative Purchasing Agreement for Office Supplies RECOMMENDATION:
1. Approve piggyback agreement with ODP Solutions, LLC (Boca Raton, FL), using the Region 4 Education Service Center (ESC), Houston, TX, agreement through OMNIA Partners, for office supplies, related products, and services through June 30, 2024, and authorize City Manager to sign Participating Addendum in substantially the form as attached.
2. Authorize expenditure nottoexceed $90,000 total from various department accounts for Office Supplies (3110) and Paper (3113).
3. Find that this action is not a project as defined under the California Environmental Quality Act Guidelines.
F. Fuel Budget Appropriation and Fueling Station Expenditure Increase RECOMMENDATION:
1. Authorize budget appropriation and expenditure in the amount of $710,000; $670,000 from A/C #00156404849900 (General Fund, Vehicle Fuel Reimbursement) to A/C #00156406313510 (General Fund, Vehicle Fuel) and $40,000 from A/C #62100003419900 (Wastewater Fund, Net Position) to A/C #62182506853510 (Wastewater Fund, Vehicle Fuel) for unleaded fuel, renewable diesel, and compressed natural gas from Trillium USA Company, LLC (Houston, TX) and Falcon Fuels, Inc (Paramount, CA).
2. Authorize additional expenditure in the amount of $500,000 under existing fiveyear Operations and Maintenance Services Agreement with Trillium USA Company, LLC (Houston, TX) for Compressed Natural Gas purchases and equipment maintenance for a revised nottoexceed amount of $1,412,000 through June 30, 2026.
3. Authorize additional annual expenditure in the amount of $124,500 under existing fiveyear Operations and Maintenance Services Agreement with Trillium USA Company, LLC (Houston, TX) for Compressed Natural Gas purchases and equipment maintenance for a revised annual nottoexceed amount of $304,500 from A/C #001 56406313510 for FY 202223 through FY 202526.
4. Approve cooperative purchasing agreement with the State of California fuel contract No. 1239102C to purchase and receive unleaded gasoline and renewable diesel fuel from Falcon Fuels, Inc. (Paramount, CA) for a threeyear period, beginning March 2, 2023, through March 1, 2026, with State option to extend two additional years through March 1, 2028.
5. Authorize expenditure in the amount nottoexceed $1,200,000 for each fiscal year from A/C #00156406313510 (General Fund, Vehicle Fuel), in accordance with the general terms and conditions set forth in the State of California Contract No. 12391 02C.
6. Find that this action is not a project as defined under the California Environmental Quality Act.
G. Hill Canyon Treatment Plant Retaining Wall Project (CI 5444) RECOMMENDATION:
1. Approve Sixth Amendment to Professional Services Agreement No. 123772020 with m6 Consulting, Inc. of Westlake Village, CA, for additional Construction Phase Services on the Hill Canyon Treatment Plant Retaining Wall Project (CI 5444) in the amount of $42,365 for a new revised nottoexceed amount of $282,196.
2. Approve budget appropriation and expenditure in the amount of $42,365 from A/C #62400003419900 (Wastewater Fund, Net Position) to A/C #62482506828300 (CI 5444, Hill Canyon Treatment Plant Retaining Wall Project).
3. Find that the project is Categorically Exempt from California Environmental Quality Act pursuant to 14 CCR §§ 15301, 15302, and 15304.
H. 2023 Sidewalk and Concrete Replacement Program (MI 2557) RECOMMENDATION:
1. Authorize staff to advertise the 2023 Sidewalk and Concrete Replacement Program (MI 2557) for construction bids.
2. Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.
I. Purchase Used Bus to Support Summer Beach Bus Program RECOMMENDATION:
1. Authorize staff to waive City’s normal equipment purchasing process of Thousand Oaks Municipal Code Sec. 310.201 for the purchase of a used motorcoachtype bus to support Summer Beach Bus Program and Special Projects.
2. Authorize staff to open a purchase order in an amount nottoexceed $150,000.
3. Approve budget appropriation and expenditure in an amount nottoexceed $150,000 from A/C #65100003419900 (Transportation Fund, Net Position) to A/C #65155406858400 (Bus/Equipment Over $5,000).
4. Find that this action is not a project as defined under the California Environmental Quality Act.
J. Thousand Oaks Groundwater Utilization Project (CI 5395) RECOMMENDATION:
1. Approve Professional Services Agreement with Kennedy/Jenks Consultants, Inc. of Oxnard, CA in an amount nottoexceed $164,759 for performing engineering analysis and preparation of the preliminary design for a conveyance system to carry groundwater from Los Robles Golf Course Well and the Hill Canyon Treatment Plant to the planned Las Virgenes Municipal Water District Advanced Water Purification Facility.
2. Authorize expenditure in the amount of $181,259 ($164,759 Kennedy/Jenks agreement, plus extra services of $16,500) from A/C #61380606828300 (CI 5395, Thousand Oaks Groundwater Utilization Project).
3. Approve Single Source designation for Kennedy/Jenks Consultants, Inc. to enter into an agreement for Professional Services in connection with the Thousand Oaks Groundwater Utilization Project (CI 5395).
4. Find that this action is not a project as defined under the California Environmental Quality Act.
K. Revised Water Shortage Declaration
RESOLUTION RESCINDING RESOLUTION NO. 2022023 AND DECLARING A LEVEL 3 WATER SUPPLY SHORTAGE PURSUANT TO MUNICIPAL CODE SECTION 102.1106 AND ENACTING ADDITIONAL WATER CONSERVATION MEASURES PURSUANT TO MUNICIPAL CODE SECTION 102.1112
RECOMMENDATION:
1. Rescind in its entirety Resolution No. 2022023 declaring a Level 4 Water Supply Shortage.
2. Adopt resolution declaring a Level 3 Water Supply Shortage with minor modifications pursuant to Municipal Code Section 102.1106.
3. Issue notice of termination for Agreement No. 130512022 with Cobalt Security Services, Inc., effective April 1, 2023.
4. Authorize acceptance of the Metropolitan Water District grant to partially offset the cost of water waste enforcement patrols up to 50 percent of the cost, but not to exceed $50,000, to A/C #61180254379900 (WTMWGT, Revenue From Districts).
5. Find that this action is not a project as defined under the California Environmental Quality Act.
11. PUBLIC HEARINGS:
A. City Council, Boards, Committees, and Commissions Meeting Procedures Revisions RESOLUTION ESTABLISHING REVISED STANDARDS OF OPERATION
GOVERNING CONDUCT OF CITY COUNCIL AND CITY STANDING COMMITTEES, COMMISSIONS AND BOARDS AND RESCINDING RESOLUTION NOS. 2001129 AND 2011066
RESOLUTION REVISING GUIDELINES FOR PUBLIC INPUT AT CITY COUNCIL MEETINGS AND RESCINDING RESOLUTION NO. 2011067
ORDINANCE AMENDING SECTIONS 18.106, 18.108, 18.110, 18.113, 18.114, 18.115, 18.117, 18.124, 18.125, 18.126 OF MUNICIPAL CODE REGARDING COUNCIL MEETINGS AND PROCEDURES
1ST READING
RECOMMENDATION:
1. Adopt resolution revising Standards of Operation governing conduct of City Council and City Standing Boards, Committees, and Commissions, and rescinding Resolution Nos. 2001129 and 2011066.
2. Adopt resolution revising Guidelines for Public Input at City Council meetings and rescinding Resolution No. 2011067.
3. Read ordinance in title only, waive further reading, and if no objection, introduce ordinance amending various sections of Title 1 Chapter 8 of the Thousand Oaks Municipal Code regarding City Council Meeting Procedures.
4. Find that this is not a project under the California Environmental Quality Act.
12. STUDY SESSIONS:
A. 2023 Citywide User Fees, Fines, Penalties, Rates, and Assessments (User Fees), and Development Impact Fees
RECOMMENDATION:
1. Receive information on User Fees and Development Impact Fees as presented at the Public Study Session and provide direction to staff.
2. Schedule a Public Hearing for April 25, 2023, to establish User Fees and Development Impact Fees to be effective July 1, 2023.
3. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).
13. DEPARTMENT REPORTS:
A. 2022 General Plan and Housing Element Annual Progress Report RECOMMENDATION:
1. Receive and file the 2022 General Plan and Housing Element Annual Progress Report.
2. Find that this action is not a project as defined under the California Environmental Quality Act.
B. Sign Regulations Update
RECOMMENDATION:
1. Receive report regarding the City’s current Municipal Code sign regulations and changes in State/Federal laws.
2. Provide comments and direction to staff regarding any desired revisions to the City’s Municipal Code related to sign regulations.
3. Find that this action is not a project as defined by the California Environmental Quality Act.
C. Campaign Contribution Update
RECOMMENDATION:
1. Receive report regarding the City’s campaign contribution limits regulations and provide direction to staff regarding campaign contributions.
2. Find that this action is not a project as defined by the California Environmental Quality Act.
14. COMMITTEE/COMISSION/BOARD REPORTS: None
15. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
16. COUNCIL ISSUES/RECOMMENDATIONS: None
17. CITY MANAGER:
A. Announcements and upcoming issues
18. PUBLIC NOTICES: None
19. ADJOURNMENT: Adjourn to Regular Meeting April 4, 2023 Agenda Post Date/Time: Mar 27, 2023, 5:00P.M.
CCD:61040\h:\common\agenda\2023\031423.docx
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California February 28, 2023
1. CALL TO ORDER: Closed Session - 5:00 p.m.
Mayor Kevin McNamee called the meeting to order at 5:00 p.m. in Council Chambers, 2100 Thousand Oaks Boulevard, Thousand Oaks, California.
2. 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, Chief Assistant City Attorney Patrick Hehir, City Clerk Laura B. Maguire, Acting Deputy City Clerk Sandra Delgado, Cable Operati ons Supervisor Carl Jarecky, Senior Video Specialist Richard Swingler, and Senior Video Specialist Ryan Palmer.
3. PUBLIC COMMENTS: Comments on Closed Session items only
Speaker/Written Statement: None.
4. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: Katelyn Clint vs.
Fred Gessler and City of Thousand Oaks, Ventura County Superior Court Case Number: 56-2021-00551445-CU-PA-VTA; Pursuant to Government Code Section 54956.9(a).
B. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: David Hernandez vs. City of Thousand Oak. Ventura County Superior Court Case Number: 56- 2021-00555370-CU-PO-VTA; Pursuant to Government Code Section 54956.9(a).
Chief Assistant City Attorney Hehir announced Closed Session held at 5:01 p.m.
5. CLOSED SESSION REPORT: Chief Assistant City Attorney Hehir announced there was nothing to report at 6:00 p.m.
6. ADJOURNMENT: City Council adjourned at 6:00 p.m. to Open Session February 28, 2023.
7. CALL TO ORDER: Open Session - 6:00 p.m.
Mayor Kevin McNamee called the meeting to order at 6:01 p.m. in Council Chambers, 2100 Thousand Oaks Boulevard, Thousand Oaks, California.
8. PLEDGE OF ALLEGIANCE: Mayor McNamee led the pledge of allegiance.
Item No.10B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 2 February 28, 2023
9. 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, Chief Assistant City Attorney Patrick Hehir, Assistant City Manager Ingrid Hardy, City Clerk Laura B. Maguire, Finance Director Jaime Boscarino, Community Development Director Kelvin Parker, Public Works Director Cliff Finley, Cultural Affairs Director Jonathan Serret, Human Resources Director Tim Giles, Library Serv ices Director Jennifer Patterson, Strategic Communications/Public Affairs Director Alex andra South, Deputy P ublic Works Director Nader Heydari, Sustainability Division Manager Helen Cox, Senior Energy Analyst Kenneth Wang, Assistant City Attorney N oel Doran, Senior Planner Iain Holt, Assistant to the City Manager Melissa Hurtado, Acting Deputy City Clerk Sandra Delgado, Cable Operations Supervisor Carl Jarecky, Senior Video Specialist Richard Swingler, Senior Video Specialist Ryan Palmer, and Senior Recording Secretary Dominga Zambrano.
10. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
None.
11. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS: None.
12. PUBLIC COMMENTS: To be he ard 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)
Speaker/Written Statement: None.
13. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands
RECOMMENDATION:
Ratify February 15, 2023, and February 22, 2023; approve March 1, 2023, and March 8, 2023, subject to review and ratification
Motion by Mayor Pro Tem Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
Item No.10B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 3 February 28, 2023
13. CONSENT CALENDAR: (Continued)
B. Minutes of Special and Regular City Council meetings of February 14, 2023
RECOMMENDATION:
Approve
Motion by Mayor Pro Tem Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
C. Area Housing Authority of the County of Ventura’ s Board of Commissioners Appointments
RECOMMENDATION:
1. Approve re-appointment of Charles Lech and Mark Lunn, as City of Thousand Oaks representatives to the Area Housi ng Authority of the County of Ventura’s Board of Commissioners for a four-year term ending March 2027.
2. Find that this action is not a pr oject as defined under the California Environmental Quality Act.
Motion by Mayor Pro Tem Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
D. Libraries Master and Space Planning Agreement Amendment (MI 2538, MI 2539)
RECOMMENDATION:
1. Approve Second Amendment to Pr ofessional Services Agreement with Johnson Favaro, LLP of Culver City, CA (Contract No. 12597-2020) for design phase support services in the amount of $358,925 plus extra services of $40,000, for a revised not-to-exceed amount of $442,685.
2. Authorize expenditure in the amount of $442,685; $265, 611 from A/C #110- 7310-673-5500 (MI 2538, T.O. Library Interi or Remodel) and $177,074 from A/C #110-7410-673-5500 (MI 2539, N.P. Library Interior Remodel).
3. Find that this action is not a pr oject as defined under the California Environmental Quality Act.
Motion by Mayor Pro Tem Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
Item No.10B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 4 February 28, 2023
13. CONSENT CALENDAR: (Continued)
E. Termination of Local Emergency Executive Orders Pertaining to COVID-19
RESOLUTION TERMINATING PROCLA MATION OF LOCAL EMERGENCY DECLARED IN RESPONSE TO COVI D-19 PANDEMIC AND RESCINDING EXECUTIVE ORDER NO. 2020-01 AND RESOLUTION NO. 2021-055 RES. NO. 2023-005
RECOMMENDATION:
1. Adopt resolution terminating proclamation of local emergency made March 12, 2020, and ratified on March 17, 2020, a nd all related executive orders and resolutions still in effect.
2. Find that this action is not a project as def ined under the California Environmental Quality Act.
Motion by Mayor Pro Tem Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
F. Remote Lockers at Grant R. Brimhall Library
RECOMMENDATION:
1. Approve single source purchase of Re mote Lockers from Bibliotheca, LLC (Norcross, GA), in the amount of $48,036 for the Grant R. Brimhall Library.
2. Approve budget appropriation and expenditure of $48, 050 for the purchase of Bibliotheca remote lockers for the Grant R. Brimhall Library from A/C #110-7020- 486-0000 (Friends of the Library Reve nue) to A/C #110- 7020-673-8400 (Equipment $5,000 and Over).
3. Find that this action is not a project as defined under the California Environme- ntal Quality Act.
Motion by Mayor Pro Tem Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
Item No.10B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 5 February 28, 2023
13. CONSENT CALENDAR: (Continued)
G. Transfer of Fire Facility Development Impact Fees
RECOMMENDATION:
1. Authorize transfer of fire facility development impact fees in the amount of $238,733 to the Ventura County Fire Protection District.
2. Approve budget appropriation and expenditure in the amount of $238,733 from A/C #563-0000-311-10-00 (Developer Fee Fund Balance) to A/C #563-5310-622- 59-20 (Project #DF0946, Other Contractual/Grants & Donations).
3. Find that this action is not a project as defined under section 15378(b)(5) of the California Environmental Quality Act Guidelines.
Motion by Mayor Pro Tem Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
H. City Website Redesign, Intranet, and Content Management System
RECOMMENDATION:
1. Award professional services agreem ent to JesseJames Creative, New York, NY, for the City Website Redesign, Li brary Website Redesign and Content Management System (CMS), and cloud-based hosting project for an amount not- to-exceed $220,000.
2. Authorize expenditure of available funds in the total amount of $220,000 from A/C # 001-0830-646.56-99.
3. Find that this acti on is not a project as defined under the California Environmental Quality Act.
Motion by Mayor Pro Tem Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
Item No.10B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 6 February 28, 2023
14. PUBLIC HEARINGS:
A. Prefabricated Solar Systems at Various City Facilities (CI 5562)
RECOMMENDATION:
1. Approve the project design, spec ifications, and Addenda 1 through 8 for the Prefabricated Solar Systems at Various City Facilities Project (CI 5562).
2. Award an Energy Services Agreement for design and construction of the solar systems, under Government Code section 4217.10 et seq. procurement process, to Staten Solar Corporation (San Jose, CA ) in the amount of $5,455,984, plus a contingency of $545,598, for a total of $6,001,582 with a term ending December 31, 2025.
3. Approve budget appropriation in the amount of $3,053,582 as follows; $81,968 from A/C #110-0000-311-1000 (Library Fund, Fund Balance) to A/C #110-7310- 673-8300 (Library Fund, Improvements ot her than buildings); $16,880 from A/C #651-0000-341-9900 (Transportation Fund, Net Position) to A/C #651-5310-682- 8300 (Transportation Fund, Improvements other than buildings); and $2,954,734 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001-3560- 612-8300 ($2,148,068, Los Robles Golf Course), A/C #001-3573-677-8300 ($304,128, Teen Center), and A/C #001-3574-677-8300 ($502,538, Goebel Adult Center).
4. Authorize expenditure in the amount of $6,001,582 ($5,455,984 design and construction contract, $545,598 contingency) as follows: $2,148,068 from A/C #001-3560-612-8300 (Los Robles Golf C ourse, Improvements other than buildings), $304,128 from A/C #001-3573-677-8300 (Teen Center, Improvements other than buildings), $502,538 from A/C #001-3574- 677-8300 (Goebel Adult Center, Improvements other than build ings), $2,131,183 from A/C #110-7310- 673-8300 (Library Fund, Improvements other than buildings), $498,785, from A/C #110-7410-673-8300 (Library Fund, Improvemen ts other than buildings), and $416,880 from A/C #651-5310- 682-8300 (Transportation Fund, Improvements other than buildings).
5. Delegate authority to the City Engineer to approve changes in the design, plans, specifications, and working details of the project, and on work directives and change orders up to the project-approved contingency amount.
6. Find that this project is exempt from the California Environmental Quality Act pursuant to California Public Resource Code 21080.35, 14 C.C.R. Section 15301, and/or 14 C.C.R. Section 15061(b)(3).
Hearing, advertised as required by law, opened to consider item. Presented by Sustainability Division Manager Cox. Deputy Public Works Director Heydari and Senior Energy Analyst Wang available for questions.
Speaker: Kat Selm, Thousand Oaks.
Written Statement: None.
Mayor McNamee closed the public hearing.
Item No.10B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 7 February 28, 2023
14. PUBLIC HEARINGS: (Continued)
A. Prefabricated Solar Systems at Various City Facilities (CI 5562) (Continued)
Motion by Councilmember Newman to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
15. STUDY SESSIONS: None.
16. DEPARTMENT REPORTS:
A. Navigation Center Exclusive Negotia tion Agreement and Right of Entry Agreement
RECOMMENDATION:
1. Approve the Exclusive Negotiation Ag reement between the City of Thousand Oaks and Many Mansions (Thousand Oaks, CA), Hope the Mission, dba Hope of the Valley Rescue Mission (Mission Hills, CA), and DignityMoves (San Francisco, CA) (collectively, “Proposer”) for the development of a Navigation Center on the City-owned parcel at 1205 Lawrence Drive.
2. Approve the Right of Entry Agreement between the City of Thousand Oaks and Proposer for the development of a Navigation Center at 1205 Lawrence Drive.
3. Authorize the City to be identified as a co-applicant on the County of Ventura’s grant application to the State of California for the Encampment Resolution Grant.
4. Authorize the City Manager to initiate the preparation of a lease agreement, operation and service agreem ents, and other ancillary documents (“Definitive Agreement”) necessary to properly dev elop, construct, secure, operate, and maintain the Navigation Center.
5. Authorize the Cit y Manager to execute the Count y of Ventura Agreement to Provide Financial Support for Permanent, Year-Round Shelter Serving Homeless Individuals and Families and sign additional limited modifications to the Agreement.
6. Find that this action is not a project as def ined under the California Environmental Quality Act (CEQA).
Item No.10B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 8 February 28, 2023
16. DEPARTMENT REPORTS: (Continued)
A. Navigation Center Exclusive Negotia tion Agreement and Right of Entry Agreement (Continued)
Presented by Assistant City Manager Hard y and Chief Assistant City Attorney Hehir. Finance Director Boscarino and City Manager Powers responded to questions. Ventura County Community De velopment Senior Deputy Executive Officer Christy Madden and Ventura County Community Development Homeless Grants Manager Jennifer Harkey available for 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
B. Hillcrest Site (382 and 384 N. Erbes Road) Exclusive Negotiating Agreement
RECOMMENDATION:
1. Approve the Exclusive Negotiating Ag reement between the City of Thousand Oaks and People’s Self-Help Housing Corporation, San Luis Obispo, CA, for the development of the City-owned parcel at 382 and 384 N. Erbes Road as a for-sale affordable housing project.
2. Approve the Right of Entry Agreement between the City of Thousand Oaks and People’s Self-Help Hous ing Corporation, San Lu is Obispo, CA, for the development of the City-owned parcel at 382 and 384 N. Erbes Road as a for-sale affordable housing project.
3. Authorize City Manager to initiate preparation of a Disposition and Development Agreement between the City of Thousand Oaks and People’s Self-Help Housing Corporation.
4. Find that this action is not a project as defined under the California Environmental Quality Act.
Presented by Finance Director Boscarino and Assistant City Attorney Doran. City Manager Powers responded to questions. People’s Self Help Housing Corporation Vice President of Home Ownership Sheryl Flores and Housing Trust Fund Ventura County Chief Executive Of ficer Linda Braunschweiger available for questions.
Speaker/Written Statement: None.
Motion by Mayor Pro Tem Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
Item No.10B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 9 February 28, 2023
16. DEPARTMENT REPORTS: (Continued)
C. Inclusionary Housing Program and No nresidential Development Linkage Fee Update Policy
RECOMMENDATION:
1. Discuss the Inclusionary Housing Fi nancial Evaluation and Nonresidential Development Linkage Fee Nexus Study results.
2. Provide direction on completing updates to the Inclusionary Housing Program and Nonresidential Development Linkage Fee ordinances.
3. Find that this action is not a Pr oject as defined under the California Environmental Quality Act.
Presented by Senior Planner Holt and Keyser Marston Associates, Inc. President Kathe Head and Senior Principal Tim Bretz. City Manager Powers, Chief Assistant City Attorney Hehir, and Community De velopment Director Parker responded to questions. City Attorney Noonan provided comment.
City Council recess 8:56 p.m.; reconvened 9:06 p.m.
Speakers: Jackson Piper, Newbury Park ; Rossanna Guerra, Thousand Oaks; Stephanie Sullivan, Thousand Oaks; Willie Lubka, Thou sand Oaks; Danielle Borja, President and CEO Greater Conej o Valley Chamber of Commerce; Rick Schroeder, President Many Mansions.
Written Statement: None.
Motion by Councilmember Engler to approve staff’s recommendation and provide direction to staff to complete updates to the Inclusionary Housing Program and Nonresidential Development Linkage Fee ordinances.
Passed 5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
17. COMMITTEE/COMISSION/BOARD REPORTS: None.
18. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None.
Item No.10B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 10 February 28, 2023
19. COUNCIL ISSUES/RECOMMENDATIONS:
A. Update on Cal Cities New Mayors and Councilmembers Academy - February 1-3, 2023, Los Angeles-Universal City Sheraton
RECOMMENDATION:
1. Receive report.
2. Find that this action is not a project as def ined under the California Environmental Quality Act (CEQA).
Presented by Councilmember Newman.
Speaker/Written Statement: None.
Motion by Councilmember Taylor to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
20. CITY MANAGER:
A. Announcements and upcoming issues
City Manager Powers provided an update on the March 14, 2023, City Council meeting.
21. PUBLIC NOTICES None.
22. ADJOURNMENT: City Council adjourned at 10:46 p.m. to Regular Meeting on March 14, 2023.
____________________________
Kevin McNamee, Mayor
City of Thousand Oaks City Council
Attest:
____________________________
Laura B. Maguire, City Clerk
City of Thousand Oaks City Council
AGENDA POSTED: February 23, 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.10B
TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:March 14, 2023
SUBJECT: Traffic and Transportation Advisory Commission Meeting Date Change
RECOMMENDATION:
1. Review recommendation of the Traffic and Transportation Advisory Commission (TTAC) to change the regular meeting date of the TTAC from the third Wednesday of each month to the fourth Wednesday of each month.
2. If the City Council concurs with TTAC’s recommendation, adopt resolution amending and restating the resolution establishing the TTAC with the recommended meeting date change.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
FINANCIAL IMPACT:
No Additional Funding Requested. Costs to operate and provide staff support for the TTAC are included in the Adopted FY 2022-23 General Fund Budget.
BACKGROUND:
In January 2023, the Conejo Valley Unified School District (CVUSD) revised its governing board meeting schedule which results in a conflict with the existing TTAC meeting schedule, currently held the third Wednesday of each month. In order to increase public access to both CVUSD and TTAC meetings, the TTAC considered modifying the current regular meeting date to avoid this conflict (Attachment #1).
On February 15, 2023, the TTAC considered alternative meeting dates and took into consideration the CVUSD school board calendar and other factors such as Board Room availability, TOTV availability to televise meetings, and minimized conflicts with other obligations of support staff. After discussion, the TTAC voted 3-0 to recommend that City Council modify the TTAC meeting date from the third Item No.10C
TTAC Meeting Date Change
March 14, 2023
5 3
9 Wednesday of each month to the fourth Wednesday of each month. This maintains the historical Wednesday meeting date, while avoiding conflict with the above factors.
DISCUSSION/ANALYSIS:
The proposed meeting date would avoid conflicts with the CVUSD governing board meeting schedule (Attachment #2). This action increases public access to both CVUSD meetings and TTAC meetings. In the event of any future conflict with the fourth Wednesday date, TTAC can elect to hold special meetings on alternative date(s) pre-selected in advance.
TTAC recommends approval of the resolution, which amends and restates the overall governing resolution establishing the TTAC, with the only change being a modification to the future meeting dates, to the fourth Wednesday of each month (Attachment #3) listed in Section 5 (Officers, Meetings and Rules).
If City Council approves TTAC’s recommended meeting date change, the first TTAC meeting that would occur under this new schedule would be on April 26, 2023. In addition, the previous overall governing Resolution No. 2017-001 which establishes TTAC would be rescinded and replaced.
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.
H. Participate in public-private and multi-jurisdictional opportunities to ensure residents have access to high levels of parks, recreation, education and leisure programs and services.
PREPARED BY: Jim Mashiko, Sr. Civil Engineer
Attachments:
Attachment #1 – February 15, 2023, Traffic Commission Staff Report Attachment #2 – CVUSD 2023 Governing Board Meeting Schedule Attachment #3 – Resolution
DPW: 115-01\ev\Council\2023\031423\Traffic Commission Meeting Date staff report.docx Item No.10C
TO: Traffic and Transportation Advisory Commission
FROM: Jim Mashiko, Senior Engineer
DATE: February 15, 2023
SUBJECT: Traffic and Transportation Advisory Commission Meeting Date – Consider Change from 3rd Wednesday of Each Month
RECOMMENDATION:
Traffic and Transportation Advisory Commission (TTAC) to consider possible alternative meeting date from third Wednesday of each month to a Wednesday or Thursday of each month.
BACKGROUND:
It has been brought to the City’s attention that the Conejo Valley Unified School District (CVUSD) has recently revised its governing board meeting schedule which results in a conflict with the existing TTAC meeting schedule which is every third Wednesday of each month. TTAC has been meeting on the third Wednesday of each month since it was established by resolution of the City Council in November 1993. In January 2023, CVUSD changed its governing board meeting schedule from generally the second and fourth Thursday of the month to a new schedule of the first and third Wednesday of the month (Attachment #1). In order to increase public access to both CVUSD meetings and TTAC meetings, the TTAC may consider modifying the current meeting date schedule to avoid this conflict. This would be in line with City Council Goal #2, which is to “Provide municipal government leadership which is open and responsive to residents”.
OPTIONS:
The table below summarizes alternative meeting day options. Mondays and Tuesday are not viable due to Planning Commission and City Council meeting schedules.
DPW: 115-01\ev\Council\2023\031423\Traffic Commission Meeting Date Att 1.pdf ATTACHMENT #1
Item No.10C
TTAC Meeting Date
February 15, 2023
Alternative Days Available Not Available Conflict
1st Wednesday of the Month X Youth Commission
& CVUSD meetings
1st Thursday of the month X None
2nd Wednesday of the month X COSCA meetings
2nd Thursday of the month X None
3rd Thursday of the month X None
4th Wednesday of the month X Nov/Dec holidays
at the end of month
4th Thursday of the month X Nov/Dec holidays
at the end of month
Based on the table above, the 1st, 2nd and 3rd Thursdays of each month are viable alternative meeting days. The 4th Wednesday and 4th Thursday of each month are also possible options, with the exception of the months of November and December due to Thanksgiving and Christmas holidays.
DISCUSSION/ANALYSIS:
The TTAC meeting dates and times are set by resolution of City Council. Section 5 of the current TTAC Resolution (Attachment #2) sets the TTAC meetings on the third Wednesday of each month. Should TTAC vote to change the current monthly meeting date to an alternative date, staff will present to City Council TTAC’s recommendation to change the current meeting days, along with a corresponding resolution to change the meeting days. Staff anticipates City Council review of this recommendation in March 2023. If approved by City Council, staff anticipates that the meeting days would change in, or around April 2023.
PREPARED BY: Jim Mashiko, Senior Engineer
Attachments:
Attachment #1 – 2023 CVUSD Meeting Schedule
Attachment #2 – Resolution 2017-001
DPW: 940-50\jm\Traffic Commission\2023\02152023\ TTAC Meeting Date Staff Report.docx Item No.10C
1/25/23, 10:32 AM BoardDocs® Plus
•
CVUSD
CONEJO VALLEY UNll'IED SCHOOL DISTRICT
Agenda Item Details
Meeting Jan 17, 2023 - Regular Board Meeting
Category 3. ACTION ITEMS - GENERAL
Subject A. Board of Education - Approval of Scheduled Regular Board Meeting Dates for the Remainder of the 2022-2023 School Year and a Portion of the 2023-2024 School Year Type Action
Recommended Action Approve the scheduled Regular Board Meeting Dates for the remainder of the 2022-2023 and a portion of the 2023-2024 school year reflecting the change in Board meeting days to Wednesdays, as submitted.
The Board of Education will consider the following:
The proposed regular Board meeting dates are for the remainder of the 2022-2023 school year (January through June 2023) and a portion of the 2023-2024 school year (August - December 2023) reflecting the Board's request to change Board meeting days to Wednesdays:
Board Meeting Dates Board Meeting Dates
Remainder of 2022-2023 School Year Portion of 2023-2024 School Year (January - June 2023) (August 2023 - January 2024)
February 1, 2023 August 16, 2023
February 15, 2023 September 6, 2023
March 1, 2023 September 20, 2023
March 15, 2023 October 4, 2023
April 5, 2023 October 18, 2023
April 19, 2023 November 1, 2023
May 3, 2023 November 15, 2023
May 17, 2023 December 6, 2023
June 7, 2023 December 20, 2023
June 21, 2023 January 17, 2024
The proposed Board meeting schedule reflects regular meetings on the first and third Wednesday of each month beginning with Closed Session at 5:00 p.m.; Open Session at 6:00 p.m. Any exceptions will be agreed upon by the Board of Education and will be posted on the Board's page on the District's website.
* - off-cycle Board meeting
https://go.boarddocs.com/ca/conejo/Board.nsf/Public# 1/1 DPW: 940-50\jm\Traffic Commission\2023\02152023\ TTAC Meeting Date Att 1.pdf ATTACHMENT #1 to
the February 15, 2023
TTAC staff report
Item No.10C
ATTACHMENT #2 to the
February 15, 2023 TTAC
staff report
Item No.10C
Item No.10C
Item No.10C
Item No.10C
Item No.10C
1/25/23, 10:32 AM BoardDocs® Plus
•
CVUSD
CONEJO VALLEY UNll'IED SCHOOL DISTRICT
Agenda Item Details
Meeting Jan 17, 2023 - Regular Board Meeting
Category 3. ACTION ITEMS - GENERAL
Subject A. Board of Education - Approval of Scheduled Regular Board Meeting Dates for the Remainder of the 2022-2023 School Year and a Portion of the 2023-2024 School Year Type Action
Recommended Action Approve the scheduled Regular Board Meeting Dates for the remainder of the 2022-2023 and a portion of the 2023-2024 school year reflecting the change in Board meeting days to Wednesdays, as submitted.
The Board of Education will consider the following:
The proposed regular Board meeting dates are for the remainder of the 2022-2023 school year (January through June 2023) and a portion of the 2023-2024 school year (August - December 2023) reflecting the Board's request to change Board meeting days to Wednesdays:
Board Meeting Dates Board Meeting Dates
Remainder of 2022-2023 School Year Portion of 2023-2024 School Year (January - June 2023) (August 2023 - January 2024)
February 1, 2023 August 16, 2023
February 15, 2023 September 6, 2023
March 1, 2023 September 20, 2023
March 15, 2023 October 4, 2023
April 5, 2023 October 18, 2023
April 19, 2023 November 1, 2023
May 3, 2023 November 15, 2023
May 17, 2023 December 6, 2023
June 7, 2023 December 20, 2023
June 21, 2023 January 17, 2024
The proposed Board meeting schedule reflects regular meetings on the first and third Wednesday of each month beginning with Closed Session at 5:00 p.m.; Open Session at 6:00 p.m. Any exceptions will be agreed upon by the Board of Education and will be posted on the Board's page on the District's website.
* - off-cycle Board meeting
https://go.boarddocs.com/ca/conejo/Board.nsf/Public# 1/1 DPW: 940-50\jm\Traffic Commission\2023\02152023\ TTAC Meeting Date Att 1.pdf DPW: 940-50\ev\Council\2023\031423\Traffic Commission Meeting Date Att 2.pdf Item No.10C
ATTACHMENT #3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF THOUSAND OAKS ESTABLISHING THE
TRAFFIC AND TRANSPORTATION ADVISORY
COMMISSION (RESCINDING RESOLUTION
NO. 2017-001)
WHEREAS, the City Council originally established the Traffic and Transportation Advisory Commission on November 16, 1993 (Resolution No. 93- 231) to meet on a regular basis to identify, discuss, and forward recommendations regarding traffic and transportation concerns to the City Council; and WHEREAS, on June 25, 1996, the City Council, per Resolution No. 96-132, revised the number of Commission members from nine to seven; and WHEREAS, on April 27, 2004, the City Council, per Resolution No. 2004- 062, established an appeal fee to be charged to persons aggrieved by decisions made by the Traffic and Transportation Advisory Commission; and WHEREAS, on December 14, 2004, the City Council, per Resolution No. 2004-245, rescinded Resolution No. 96-132 and revised provisions for Commission Officers, Meetings, Rules and Appeal Process; and WHEREAS, on June 7, 2005, the City Council, per Resolution No. 2005- 086, rescinded Resolution No. 2004-245 and revised provisions for Commission Composition and Organization; and
WHEREAS, on April 19, 2006, the City Council, per Resolution No. 2006- 094, rescinded Resolution No. 2005-086 and restructured the Traffic and Transportation Advisory Commission from seven members to five; and WHEREAS, on June 25, 2013, the City Council, per Resolution No. 2013- 046, rescinded Resolution No. 2006-094 and changed meeting start times from 7:30 p.m. to 6:30 p.m. and integrated language that is consistent with Resolution No. 2011-066 (Revised Standards of Operation Governing Conduct of City Council and City Standing Committees, Commissions and Boards); and WHEREAS, on January 10, 2017, the City Council, per Resolution No. 2017-001 rescinded Resolution No. 2013-043 and changed meeting start times from 6:30 p.m. to 6:00 p.m. to achieve consistency with meeting start times of the City Council and other City Committees/Commissions; and Item No.10C
DPW: 115-01\ev\Council\2023\031423\Traffic Commission Meeting Date Resolution Att 3t.docx
2 9
8 0
WHEREAS, in January 2023, the Conejo Valley Unified School District (CVUSD) changed its governing board meeting schedule to the first and third Wednesdays of the month, resulting in a conflict with the Traffic and Transportation Advisory Commission meeting on the third Wednesday of the month; and WHEREAS, in order to continue to provide open and responsive leadership to the City residents and increase public access to both the Conejo Valley Unified School District governing board meetings and Traffic and Transportation Advisory Commission meetings, on February 15, 2023, the Traffic and Transportation Advisory Commission voted 3-0 to recommend to the City Council that the future Traffic and Transportation Advisory Commission meeting dates be changed from the third Wednesday of each month to the fourth Wednesday of each month.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Thousand Oaks as follows:
Section 1. Rescind Prior Resolution.
Council Resolution No. 2017-001 is hereby rescinded and superseded by this Resolution.
Section 2. Establishment and Name.
There is hereby formally established a Traffic and Transportation Advisory Commission to serve as an advisory Commission to the City Council.
Section 3. Function and Duties.
The purpose of the Traffic and Transportation Advisory Commission is to act in an advisory capacity to the City Council relative to traffic and transportation issues.
The function and duties of the Traffic and Transportation Advisory Commission are as follows:
•To gather and review information relating to traffic issues. •To identify traffic problems and needs of the residents. •To develop and recommend local and regional transportation needs and proposed solutions to the City Council.
The Traffic and Transportation Advisory Commission may submit progress reports to the City Council on their activities, other periodic reports deemed appropriate, and any transportation and traffic recommendations that the City Council may need to approve or act on. The Traffic and Transportation Advisory Commission may submit an annual report to the City Council on their activities.
Item No.10C
DPW: 115-01\ev\Council\2023\031423\Traffic Commission Meeting Date Resolution Att 3t.docx
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8 0
Section 4. Composition and Organization.
The Traffic and Transportation Advisory Commission shall consist of five (5) members each nominated by a Councilmember subject to approval by a majority of the City Council. The nomination process shall be governed pursuant to the Maddy Act (Government Code Sections 54970 thru 54974).
Members shall be residents of the City but shall not be officials or employees of the City.
Commission terms shall expire at the end of the nominating Councilmember's term. A majority of members of the Traffic and Transportation Advisory Commission, regardless of vacancies, shall constitute a quorum, and a simple majority of those present shall be required to pass a motion unless otherwise required by law or the Municipal Code.
In the absence of specific rules of order and procedure, the conduct of meetings shall be governed by Mason's Manual of Legislative Procedure. However, the failure to follow any procedural rule shall not be considered jurisdictional and shall not jeopardize or invalidate any decision. No citizen shall serve more than two consecutive terms unless their expertise is particularly valuable or if other qualified citizens have not applied.
Each Councilmember shall have the power to nominate a Commission member to fill a vacancy created by the death, removal, resignation or inability to perform Commissioner's duties. All such appointments shall be subject to the approval of the City Council. The term of such a Commissioner appointed to fill a vacancy shall expire at the end of the nominating Councilmember's term.
Section 5. Officers, Meetings and Rules.
The Traffic and Transportation Advisory Commission shall hold public meetings on the fourth Wednesday of each month at 6:00 p.m. Members shall notify the Chair and assigned City staff to advise in advance of absences. If a member misses three (3) regular meetings in any twelve-month period, the Commissioner will be advised in writing that they may be removed from office by the City Council. The Traffic and Transportation Advisory Commission shall annually elect a Chair and Vice Chair and such other officers deemed necessary. Regular meetings of the Traffic and Transportation Advisory Commission shall be open to the public and Agendas posted pursuant to the Brown Act (Government Code Sections 54950 thru 54963). Meetings shall not be held during the month of August unless directed by City Council.
Summary Notes of all meetings shall be available to the public for review and copying.
Item No.10C
DPW: 115-01\ev\Council\2023\031423\Traffic Commission Meeting Date Resolution Att 3t.docx
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8 0
Section 6. Funding, Expenditures and Assistance.
The individual members of the Traffic and Transportation Advisory Commission shall receive no compensation for their services. Members, however, shall be entitled to reimbursement for reasonable and necessary expenditures incurred from activities performed within the course and scope of duties for the Traffic and Transportation Advisory Commission.
The Traffic and Transportation Advisory Commission may request and receive reasonable assistance from City staff in terms of clerical help, reprographic services, meeting space and professional assistance. Any project utilizing over 20 hours of staff time requires advanced City Council approval. Any requests for financial assistance shall be submitted by City staff on behalf of the Traffic and Transportation Advisory Commission and processed through the normal City budgeting process.
Section 7. Appeal Process.
Pursuant to Section 1-4.02 of the Thousand Oaks Municipal Code, any person wishing to appeal a decision of the Traffic and Transportation Advisory Commission shall file a written appeal with the City Clerk Department via the Public Works Traffic Engineering Division Manager within 14 calendar days of the Traffic and Transportation Advisory Commission decision. The matter will be referred to the City Council at the earliest reasonable and available date, which shall be generally within 90 days of the appeal filing. The appeal fee is set by Resolution and shall be paid with the filing of a written appeal. The appeal fee may be Item No.10C
DPW: 115-01\ev\Council\2023\031423\Traffic Commission Meeting Date Resolution Att 3t.docx
2 9
8 0
reimbursed by the City Council if the City Council rules in favor of the appellant. If approved by the City Council, the reimbursed appeal fee is to be returned to the appellant filing the appeal within approximately 30 calendar days.
PASSED AND ADOPTED this 14th day of March 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: ____________________
APPROVED AS TO FORM:
Office of the City Attorney
________________________________
Noel Doran, Assistant 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.10C
TO:Andrew P. Powers, City Manager
FROM:Jennifer Patterson, Library Director
DATE:March 14, 2023
SUBJECT: Library Circulating Materials
RECOMMENDATION:
1. Authorize expenditure in an amount not-to-exceed $600,000 in FY 2022-23 for Library circulating materials (books, databases, periodicals, electronic books, audio books, etc.) from A/C #110-7220-673-32-31 (Materials, Circulating Books) for the following vendors: Ingram Library Services LLC (St. Louis, MO), Overdrive Inc. (Cleveland, OH), Gale Cengage Learning Inc. (Farmington Hills, MI), Baker & Taylor Inc. (Atlanta, GA), Midwest Tape (Holland, OH), and CALIFA Group (San Francisco, CA).
2. 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 required to prepare the report and $600,000 is included in the Adopted FY 2022-23 Library Fund Budget.
BACKGROUND:
Books are exempt from the City's Purchasing Ordinance as indicated by Thousand Oaks Municipal Code section 3-10.105(b). As a form of transparency to City Council and the public, this report is provided annually to inform City Council of potential purchases with the vendors named above.
The breadth and depth of the Thousand Oaks Library's physical and digital collection is something that patrons have cited as one of its best features. In the library industry, the quality of the public library is judged based on its collection. To provide the wide variety of materials in the Thousand Oaks Library, staff purchase collection materials from a variety of sources: publishers, retailers, and vendors.
These outlets provide several services, from supplying just the item requested to Item No.10D
Library Circulating Materials
March 14, 2023
offering "value-added" features like library cataloging information, spine labeling, and radio frequency identification tagging, making it easier to place the items directly on the shelves from the moment they are delivered. Such additional services help reduce staff time necessary for labor-intensive tasks associated with maintaining the Library's collection.
Ingram, Overdrive, Gale, Baker & Taylor, Midwest Tape, and CALIFA are leading book and online content vendors offering large and diverse selections of print materials, reference, electronic books, and audiovisual items to public libraries and other outlets. For libraries, they also include tools useful to staff in helping to manage the Library's collection and assist librarians in building a robust Library collection.
DISCUSSION/ANALYSIS:
Library staff routinely evaluates vendors providing collection materials to ensure the City receives the best return on investment. Having multiple vendors allows for flexibility to procure popular, high-demand items, and lesser-known, more niche publications and materials to support a well-rounded collection. The Thousand Oaks Library subscribes to several electronic databases and purchases a substantial portion of physical content from these vendors. These purchases occur throughout the year as materials become available and to meet the community's information and entertainment needs.
By continuing the Library's relationship with such vendors, staff efforts shift from mundane tasks to added-value tasks and enhance the Library's service to the public.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
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.
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.
G. Continue City's commitment to community and cultural programs and services (such as Performing Arts/Theatres, Libraries, TOTV, Visual Arts,Youth and Senior Item No.10D
Library Circulating Materials
March 14, 2023
Programs).
H. Participate in public-private and multi-jurisdictional opportunities to ensure residents have access to high levels of parks, recreation, education and leisure programs and services.
PREPARED BY: Alina Savulescu, Accounting Specialist
Samantha Yeung, Library Division Manager
LIB:950-10\H:\Common\Administration\StaffReports\031423LibraryCirculatingMaterials.doc Item No.10D
TO:Andrew P. Powers, City Manager
FROM:Jaime Boscarino, Finance Director
DATE:March 14, 2023
SUBJECT: Cooperative Purchasing Agreement for Office Supplies RECOMMENDATION:
1. Approve piggyback agreement with ODP Solutions, LLC (Boca Raton, FL), using the Region 4 Education Service Center (ESC), Houston, TX, agreement through OMNIA Partners, for office supplies, related products, and services through June 30, 2024, and authorize City Manager to sign Participating Addendum in substantially the form as attached.
2. Authorize expenditure not-to-exceed $90,000 total from various department accounts for Office Supplies (3110) and Paper (3113).
3. Find that this action is not a project as defined under the California Environmental Quality Act Guidelines.
FINANCIAL IMPACT:
No Additional Funding Requested. Funding is approved in the Adopted FY 2022-23 Operating Budget from various Funds. The additional funds for the remaining contract term will be requested during the upcoming biennial budget process.
BACKGROUND:
The City has been operating a stockless inventory process for the past 24 years.
Orders for office supplies and paper are placed by various City departments via the internet directly with the vendor and are delivered the next business day. This has proven to be an efficient process for obtaining office supplies and eliminates the need for an on-site City warehouse for office supplies.
Important considerations for this type of service include internet ordering, a user- friendly website, free next-day delivery, a large stock inventory, ease of obtaining Item No.10E
Cooperative Purchasing Agreement for Office Supplies
March 14, 2023
usage reports, staff training, local sales representatives, and regularly scheduled business reviews by the sales representatives. Although individual orders are under the dollar threshold for City Council approval, combined dollars spent Citywide meets the $75,000 threshold requiring City Council approval of the contract.
In December 2014, City Council approved the use of WSCA-NASPO cooperative purchasing program which utilized the State of Oregon’s contract for purchase of office supplies from OfficeDepot/OfficeMax. That contract expires March 31, 2023, resulting in the need for a new contract.
DISCUSSION/ANALYSIS:
Pursuant to Thousand Oaks Municipal Code (TOMC) Section 3-10.203(b), the City may “piggyback” onto, or join, an existing written purchase contract obtained through a competitive bidding process prepared and awarded by another local, state, or federal government agency. For office supplies, cooperative programs generally afford better pricing based on their aggregate purchasing volume.
In December 2018, Region 4 ESC, Houston, TX issued a competitive solicitation RFP No. 19-03 for Office Supplies, Related Products, and Services which allows other agencies to award a contract at the same prices, terms, and conditions. On April 23, 2019, Region 4 ESC awarded their office supplies contract to Office Depot, Inc for a contract term of five years ending on June 30, 2024, with an option to renew for five additional one (1) year periods through June 30, 2029. As of May 1, 2022, the Region 4 ESC agreement was amended to allow Office Depot to assign all its rights, title, and interest under the Agreement to ODP Business Solutions, LLC.
To ensure that ODP Business Solutions continued to provide the City beneficial prices, staff compared Office Depot’s 2014 pricing under the WSCA-NASPO agreement to the current ODP Business Solutions pricing under the OMNIA Partners agreement with Region 4 ESC. Overall, pricing was comparable. Staff further reviewed other cooperative contracts with ODP Solutions and concluded that the OMNIA Partners Region 4 ESC contract best met the City’s service needs.
For these reasons, staff recommends entering into a Participating Addendum (Attachment #1) with OMNIA Partners Region 4 ESC to piggy-back onto their ODP Business Solutions contract.
Item No.10E
Cooperative Purchasing Agreement for Office Supplies
March 14, 2023
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: Grace Ng, Purchasing Supervisor
Attachment:
Attachment #1 - ODP Business Solutions/OMNIA Region 4 ESC Participating Addendum
FIN: 370-10\gn\H:\COMMON\Council\2023\Administration\031423 Office Supplies Staff Report.docx Item No.10E
1 ATTACHMENT #1
* FOR DISCUSSION PURPOSES ONLY *
THIS DRAFT REMAINS SUBJECT TO REVIEW AND COMMENT BY
ODP 'S LEGAL DEPARTMENT
RE
GION 4 ESC / OMNIA PARTNERS, PUBLIC
SECTOR
PIGGYBACK CONTRACT
BETWEEN
CITY OF THOUSAND OAKS
AND
ODP BUSINESS SOLUTIONS, LLC
This Piggyback Contract (“ Contract”) of is made and entered into this 1st day of March 2023 ("Effective Date"), by and between the City of Thousand Oaks (hereinafter referred to as the " Customer"), and ODP Business Solutions, LLC, a Delaware limited liability company, with corporate headquarters located at 6600 North Military Trail, Boca Raton, FL 33496 (hereinafter referred to as "ODP").
W I
T N E S S E T H:
WHEREAS, on April 23, 2019, and effective as of June 1, 2019 , The OMNIA Partners, Public Sector (“REGION 4 ESC ”) awarded ODP Region 4 ESC Contract No. R190303 for Off ice Supplies, Related Products and Office Services (as amended, the “ Master Agreement”), which permits government entities to purchase goods and services in accordance with terms and conditions set forth in the Master Agreement; WH
EREAS, Customer has chosen to become a participating government agency under the Master Agreement, and Customer has registered with REGION 4 ESC to become a participating government agency and is eligible to purchase under the Master Agreement; and WHEREAS, the undersigned representative of Customer is authorized, on behalf of Customer, to contract with ODP for the purchase of the office supplies and services in accordance with the terms of the Master Agreement and this Contract.
N
OW, THEREFORE, in consideration of the mutual covenants, benefits and promises herein stated and in conjunction with the cooperative agreement referenced, the parties hereto agree to the following terms and conditions:
1. INCORPORATION OF MASTER AGREEMENT.
The purpose of this Contract is to allow the Customer to purchase supplies from ODP at the discounted prices set forth in the Master Agreement. To that end, the Master Agreement is hereby incorporated by reference as if set forth herein in its entirety, including all subsequent amendments thereto. However, to the extent any terms and conditions set forth in the Master Agreement (excepting any terms and conditions relating to price and cost) conflict with any terms and conditions of this Contract (the “Supplemental Terms”), the Supplemental Terms shall prevail.
2. CREDIT TERMS.
Customer's credit limit shall be established by ODP ’s credit department. ODP reserves the right to lower Customer’s credit limit or refuse to ship any orders if at any time: (a) Customer’s account is materially past due and Customer has not responded with a reasonable response within three (3)
bus
iness days of written notice of said delinquency to work with ODP to resolve the issues; (b) in ODP ’s commercially reasonable opinion, Customer’s credit standing becomes impaired as a result of Customer’s payment habits having slowed down to an unsatisfactory level with all non- critical suppliers including ODP; (c) Customer’s financial condition becomes unstable based on Customer’s financial reports or reputable third party ratings, or (d) if there are severe risk alerts from r
eputable third party credit bureaus.
3. NOTICES.
All notices, requests, demands and other communications under this Contract shall be given i n w
riting. Such notices shall be deemed to have been given when delivered in person or thr ee Item No.10E
2 ATTACHMENT #1
* FOR DISCUSSION PURPOSES ONLY *
THIS DRAFT REMAINS SUBJECT TO REVIEW AND COMMENT BY
ODP 'S LEGAL DEPARTMENT
(3)business days after being sent via certified mail or upon delivery if sent via reputable overnight delivery service and addressed to the appropriate party at its mailing address set forth below:
To Customer: Agency Name
Address
City, ST, Zip
Attn: Participating Agency Contact (Signatory)
To ODP: ODP Business Solutions, LLC
6600 North Military Trail
Boca Raton, FL 33496
Attn: Sharalyn Sowers, Vice President
with a copy to: ODP Business Solutions, LLC
6600 North Military Trail
Boca Raton, FL 33496
Attn: Office of the General Counsel
4. TERMINATION FOR CONVENIENCE.
Either party may terminate this Contract for convenience by providing the other party sixty (60) days prior written notice.
5. ALTERNATIVE TO REBATES.
As provided in the Master Agreement, ODP is offering, and Customer has agreed to accept, lower prices on select items in lieu of anticipated rebate dollars. The selected item or s et of items that receive lower prices will be determined upon mutual written agreement of ODP and Customer. The price for each of these items may change with thirty (30) days prior notice to Customer. The prices and assortment of these select items may be updated by ODP in writing to Customer, including email.
Quarterly reviews will be conducted to evaluate Customer Spend (as defined in the Master Agreement) to ensure the “in lieu of rebate pricing savings “coincide with the Agency Annual Volume Rebate (as defined in the Master Agreement) that would have otherwise been earned if this alternative to rebates had not been agreed upon. Any overages in dollars that would have been earned under the Agency Annual Volume Rebate in excess of $200.00 will be paid to the Customer by check within ninety (90) days of the end of the calendar year. Any overages less than $200.00 will be forfeited.
IN WITNESS WHEREOF, Customer and ODP have executed this Contract on the Effective Date.
ODP BUSINESS SOLUTIONS, LLC CITY OF THOUSAND OAKS
By: By:
Name: Name:
Title: Title:
Date: Date:
FIN: 370-10\gn\H:\COMMON\Council\2023\Administration\031423 Attachment 1 Participating Addendum.pdf
Item No.10E
TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:March 14, 2023
SUBJECT: Fuel Budget Appropriation and Fueling Station Expenditure Increase
RECOMMENDATION:
1. Authorize budget appropriation and expenditure in the amount of $710,000; $670,000 from A/C #001-5640-484-9900 (General Fund, Vehicle Fuel Reimbursement) to A/C #001-5640-631-3510 (General Fund, Vehicle Fuel) and $40,000 from A/C #621-0000-341-9900 (Wastewater Fund, Net Position) to A/C #621-8250-685-3510 (Wastewater Fund, Vehicle Fuel) for unleaded fuel, renewable diesel, and compressed natural gas from Trillium USA Company, LLC (Houston, TX) and Falcon Fuels, Inc (Paramount, CA).
2. Authorize additional expenditure in the amount of $500,000 under existing five- year Operations and Maintenance Services Agreement with Trillium USA Company, LLC (Houston, TX) for Compressed Natural Gas purchases and equipment maintenance for a revised not-to-exceed amount of $1,412,000 through June 30, 2026.
3. Authorize additional annual expenditure in the amount of $124,500 under existing five-year Operations and Maintenance Services Agreement with Trillium USA Company, LLC (Houston, TX) for Compressed Natural Gas purchases and equipment maintenance for a revised annual not-to-exceed amount of $304,500 from A/C #001-5640-631-3510 for FY 2022-23 through FY 2025-26.
4. Approve cooperative purchasing agreement with the State of California fuel contract No. 1-23-91-02C to purchase and receive unleaded gasoline and renewable diesel fuel from Falcon Fuels, Inc. (Paramount, CA) for a three-year period, beginning March 2, 2023, through March 1, 2026, with State option to extend two additional years through March 1, 2028.
5. Authorize expenditure in the amount not-to-exceed $1,200,000 for each fiscal year from A/C #001-5640-631-3510 (General Fund, Vehicle Fuel), in Item No.10F
Fuel Budget Appropriation and Expenditure Increase
March 14, 2023
5 4
2 accordance with the general terms and conditions set forth in the State of California Contract No. 1-23-91-02C.
6. Find that this action is not a project as defined under the California Environmental Quality Act.
FINANCIAL IMPACT:
$710,000 Increase to FY 2022-23 General Fund and Wastewater Fund Budgets, Partially Offset by $670,000 increase to FY 2022-23 General Fund Revenue. $1,810,000 is included in the Adopted FY 2022-23 General Fund Budget for unleaded fuel, renewable diesel, and compressed natural gas. This increase is requested to cover additional fuel expenses, caused by escalated fuel costs and increased consumption of Compressed Natural Gas (CNG) at the public CNG fueling station and unleaded fuel purchased at the Municipal Service Center by joint partnership agencies. Due to the increase in CNG and unleaded fuel purchased by outside entities, revenue is anticipated to increase by $670,000.
BACKGROUND:
In 2001, the City opened the first public CNG fueling station in Ventura County adjacent to the City’s Municipal Service Center (MSC). Trillium USA Company, LLC (Trillium) designed and built the original station and has subsequently completed multiple upgrades that utilize proprietary equipment. Trillium is solely qualified and most knowledgeable to operate their equipment including the smart controls and 400L compressor unit. In May 2021, City Council approved a five- year proprietary agreement with Trillium for fuel purchasing, maintenance, and operation of the public fast-fill CNG station.
From 2018 to 2021, the City’s public CNG fueling station dispensed an average of 41,430 gallons equivalent of CNG per year. In 2022, due to increased use by private commercial vehicles, the public fueling station dispensed approximately 268,473 gallons equivalent of CNG, which is more than six times the average of the previous four years. The significant increase in volume has resulted in increased services and costs with Trillium; their average monthly service cost has risen from approximately $12,000 in 2021 to $23,000 in 2022. The City is responsible for covering all operational and product cost up front, although the City recovers those costs on the back end and does not subsidize the cost of CNG for private entities.
The City’s cost for CNG routinely fluctuates and is calculated monthly based on a variety of factors, including the cost of electricity used to operate on-site compressors at the MSC and the cost of natural gas purchased from SoCalGas.
Item No.10F
Fuel Budget Appropriation and Expenditure Increase
March 14, 2023
5 4
2 Due to the soaring wholesale price of natural gas paid by SoCalGas that is passed through to their customers, the MSC experienced a 260 percent price increase for natural gas in a single month. The MSC’s SoCalGas natural gas bill increased from $65,000 in December 2022 to $170,000 in January 2023. This cost is up more than 300 percent from January 2022. SoCalGas and other utilities have attributed the sudden and dramatic surge in prices to unusually cold winter weather in California and the Pacific Northwest, which boosted demand for heat, as well as supply and distribution constraints. While the soaring natural gas prices of January 2023 may prove to be an anomaly, both the California Air Resources Board and the California Energy Commission expect average natural gas prices to trend higher at least through 2030.
In addition to working with Trillium to produce CNG at the MSC, the City has participated in a Cooperative Fuel Purchasing Program with the State of California since 2006 to purchase renewable diesel and unleaded fuel. The Cooperative Fuel Purchase Program allows the City and other public agencies to purchase and utilize a reliable, convenient, and efficient fueling option at a reduced cost. In 2014, City Council approved an extension to the agreement for renewable diesel and unleaded fuel purchases and in 2018, the agreement was extended through April of 2023. However, the State unexpectedly terminated its contract early, and changed vendors, entering into a new contract on March 1, 2023, with Falcon Fuels, Inc. (Falcon Fuels). This left the City without an option for purchasing fuel at reduced rates until a new agreement with the State can be executed.
The California Department of General Services, Procurement Division (DGS/PD) recently completed a competitive bid process to obtain pricing for unleaded and diesel fuel. The State of California selected the most competitive bid to provide reliable diesel and unleaded fuel to the State and participating agencies. Contract No. 1-23-91-02C (Attachment #1) was awarded to Falcon Fuels for all State of California departments and other local government agencies to use. Contract provisions allow the City the same rights and privileges as the State for purchasing bulk fuel at a reduced cost.
DISCUSSION/ANALYSIS:
The MSC has bulk fuel storage and dispensers for renewable diesel and unleaded fuels. The City fuels approximately 230 City-owned vehicles and 250 pieces of heavy and small equipment at the MSC. In addition to City-owned vehicles, the Cooperative Fuel Purchasing Program has historically been utilized to fuel 78 vehicles from Conejo Recreation and Park District (CRPD) and 38 MV Transportation (MV Transit) vehicles, which includes Thousand Oaks Transit, Moorpark Transit, Kanan Shuttle, and Dial-a-Ride. In June 2022, City Council authorized the inclusion of the Conejo Valley Unified School District (CVUSD) into Item No.10F
Fuel Budget Appropriation and Expenditure Increase
March 14, 2023
5 4
2 the City’s Cooperative Fuel Purchasing Program, which added 83 vehicles to the total number of vehicles fueled at the MSC.
In 2022, the MSC dispensed approximately 125,000 gallons of unleaded gasoline, 35,000 gallons of renewable diesel, and over 400,000 gallons equivalent of CNG, which includes both the public fueling station and CNG dispensed inside the MSC to fuel City vehicles. Customers utilizing the City’s fueling services reimburse the City for fuel costs and a small service charge is applied. Administrative pumping fees cover the cost of fuel and offset some of the cost for permits and equipment maintenance. Operational and fuel costs are initially covered by the City; however, all third-party costs are eventually recovered by the City through a direct billing process. The City does not subsidize the cost of fuel for other agencies.
The two charts below describe the volume and approximate costs of fuel purchased and consumed by each MSC fuel customer.
MSC Annual Bulk Fuel Cost Per Gallon
Year Gallons
Unleaded
Average
Cost
Gallons
Renewable
Diesel
Average
Cost
Gallons
Equivalent
CNG City
Average
Cost
Gallons
Equivalent
CNG Public
Average
Cost
Total
Average
Cost
2018 154,674 $2.82 28,040 $3.14 191,444 $1.66 38,163 $2.35 $931,706 2019 158,902 $2.94 29,603 $3.42 193,991 $1.74 45,140 $2.35 $1,012,037 2020 * 89,011 $2.59 28,063 $3.18 133,431 $1.94 41,042 $2.35 $675,083 2021* 98,220 $2.75 36,500 $3.36 149,580 $2.17 41,377 $2.35 $814,530 2022 125,078 $4.26 35,059 $5.52 139,172 $2.55 268,473 $3.23 $1,949,000 * Covid-19 impact resulting in reduced fuel consumption 2022 MSC Bulk Fuel Cost Per Agency
It should be noted that unleaded gasoline and CNG consumption at the MSC decreased by approximately 40 percent in 2020 and 2021 due to fewer City Customer Vehicle
Quantity
Gallons
Unleaded
Average
Cost
Gallons
Renewable
Diesel
Average
Cost
Gallons
Equivalent
CNG
Average
Cost
Total Average
Cost
City 230 67,575 $287,873 30,000 $165,655 3373 $7,930 $461,458 CRPD 78 32,100 $87,000 1,520 $5,000 N/A N/A $92,000
MV Transit 38 12,895 $54,700 2,449 $14,050 132,060 $336,320 $405,070 CVUSD 83 12,507 $53,720 1,080 $6,080 N/A $59,800 $119,600 Public Site 121 N/A N/A N/A N/A 268,473 $867,167 $867,167 Item No.10F
Fuel Budget Appropriation and Expenditure Increase
March 14, 2023
5 4
2 vehicles being driven because of the COVID-19 pandemic. However, due to the return of pre-pandemic operations and the inclusion of the CVUSD into the City’s Cooperative Fuel Purchase Program, the MSC is currently dispensing unleaded gasoline near pre-pandemic quantities, at a significantly higher cost per gallon.
Due to increased consumption at the City’s public CNG fueling station, significant price increases for natural gas, and the rising cost of unleaded and diesel fuels, City staff is requesting an approximately 40 percent increase to the current $1,810,000 fuel budget, bringing the revised fuel budget to $2,520,000 for FY 2022-23.
Due to increased services and costs with Trillium, City staff is requesting to increase the not-to-exceed amount of Trillium’s current five-year service agreement by $500,000 for a revised not-to-exceed amount of $1,412,000 through June 30, 2026, and for an increase in the annual expenditure allowance with Trillium from $179,000 to $304,000.
Staff also recommends approval of cooperative purchasing agreement No. 1-23- 91-02C to purchase unleaded gasoline and renewable diesel from Falcon Fuels.
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.
PREPARED BY: Donald Covarrubias, Fleet Services Supervisor Attachments:
Attachment #1 – State of California Contract No. 1-23-91-02C DPW:241-20\ev\H:\Counci241-20\ev\H:\Council\2023\03142023\Trillium and Fuel Purchase staff report.docx Item No.10F
Department of General Services
Procurement Division
707 Third Street, 2nd Floor
West Sacramento, CA 95605-2811
State of California
STATEWIDE CONTRACT
USER INSTRUCTIONS
All changes to most recent Supplem ent are in bold red italic. Additi ons ar e enclosed in asterisks, *, and deleti ons are enclosed in br ackets, [].
MANDATORY
ISSUE AND EFFECTIVE DATE: 3/2/2023
CONTRACT NUMBER: 1-23-91-02C
DESCRIPTION: Bulk Fuel – Regular Unleaded
Gasoline, Ethanol (E85), Diesel #2 Ultra
Low Sulfur, and Red Dyed Diesel #2
Ultra Low Sulfur
SUPER DISTRICT: D – Districts 5 & 7
CONTRACTOR: Falcon Fuels
CONTRACT TERM: 3/2/2023 through 3/1/2026
STATE CONTRACT ADMINISTRATOR: Amanda Lewis
(279) 946-7876
[email protected]
The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions:
Non-IT General Provisions (rev 6/21/2022)
Cal eProcure link: www.caleprocure.ca.gov
ORDER PLACEMENT INFORMATION
Mailing Address:
Falcon Fuels, Inc.
7300 Alondra Blvd. Suite 204
Paramount, Ca. 90723
Fax/Email:
Fax: (562) 272-4232
Email:
[email protected]
Contact Information:
Falcon Fuels, Inc .
Patricia Garcia
Phone: (562) 272-4226
Email:
[email protected]
ATTACHMENT #1
Item No.10F
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-91-02C
Contract User Instructions
All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks; deletions are enclosed in brackets.
SUMMARY OF CHANGES
Supplement
Number Description Date
N/A Original Contract Posted 3/2/2023
All other terms and conditions remain the same.
Item No.10F
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-91-02C
Contract User Instructions
Item No.10F
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-91-02C
Contract User Instructions
SCOPE
The State’s contract with Falcon Fuels Inc. (Contractor) provides Bulk Fuel – Regular Unleaded Gasoline, Ethanol (E85), Diesel #2, and Red Dyed Diesel #2 at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract # 1-23-91-02C. The Contractor shall supply the entire portfolio of products as identified in the contract and will be the primary point of contact for data collection, reporting, and distribution of Bulk Fuel – Regular Unleaded Gasoline, Ethanol (E85), Diesel #2, and Red Dyed Diesel #2 to the State.
The contract term is for three (3) years with an option to extend the contract for two (2) additional one (1) year periods or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between the Contractor and the State. If a mutual agreement cannot be met the contract will expire at the end of the current contract term.
CONTRACT USAGE/RULES
A. State Departments
• The use of this contract is mandatory for all State of California departments. • State departments must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual Volume 2, as applicable.
• Prior to placing orders against this contract, State departments must have been granted non-IT purchasing authority by the Department of General Services, Procurement Division (DGS-PD) for the use of this statewide contract. State departments that have not been granted purchasing authority by DGS-PD for the use of the State’s statewide contracts may contact DGS-PD’s Purchasing Authority Management Section by e-mail at [email protected].
• State departments must have a Department of General Services (DGS) agency billing code prior to placing orders against this contract. Ordering departments may contact their Purchasing Authority contact or their department’s fiscal office to obtain this information.
B. Local Governmental Agencies
• Local governmental agency use of this contract is optional. • Local government agencies are defined in Public Contract Code Chapter 2, Section 10298 (a) (b) and 10299 (b); this includes the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges empowered to expend public funds for the acquisition of products While the State makes this contract available to local governmental agencies, each local governmental agency should determine whether this contract is consistent with its procurement policies and regulations.
Item No.10F
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-91-02C
Contract User Instructions
• Local governmental agencies shall have the same rights and privileges as State departments under the terms of this contract. Any local governmental agencies desiring to participate shall be required to adhere to the same responsibilities as do State departments and have no authority to amend, modify or change any condition of the contract.
• A DGS issued billing code is not required for local governmental agencies to place orders against this contract.
C. Ordering Agencies
Unless otherwise specified within this document, the term “ordering agencies” will refer to all State departments and/or local governmental agencies eligible to utilize this contract. Ordering and/or usage instructions exclusive to State departments or local governmental agencies shall be identified within each section.
DGS ADMINISTRATIVE FEES
A. State Departments
The DGS will bill each State department an administrative fee for use of this statewide contract. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS.
Current fees are available online in the Price Book & Directory of Services (go to Price Book Download and click on Purchasing under Procurement Division).
B. Local Governmental Agencies
For all local government agency transactions issued against the contract, the Contractor is required to remit the DGS-PD an Incentive Fee of an amount equal to
1.25 percent of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the local governmental agency’s purchase price, nor invoiced or charged to the local governmental agency. All prices quoted to local governmental agencies shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add-on fees.
SB/DVBE OFF-RAMP PROVISION
There is no SB/DVBE off ramp associated with this contract.
EXEMPT PURCHASES
There are no exempt purchases associated with this contract.
Item No.10F
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-91-02C
Contract User Instructions
PROBLEM RESOLUTION/SUPPLIER PERFORMANCE
Ordering agencies and/or Contractor shall inform the State Contract Administrator of any technical or contractual difficulties encountered during contract performance in a timely manner. This includes and is not limited to informal disputes, supplier performance, outstanding deliveries, etc. The ordering agency should include all relevant information and/or documentation (e.g., purchase documents).
CONTRACT ITEMS
All available contract line items are listed on Attachment A – Contract Pricing (and Additional/Special Charges information for Super District D.
The State will use the Oil Price Information Service (OPIS) to determine Region Base Market Price (RBMP), the CAR Cost Fee (Cap-At-The-Rack), and the LCFS Cost Fee (Low Carbon Fuel Standard). There are a total of six (6) Super Districts represented by the RBMP, CAR Cost Fee, and LCFS Cost Fee for Unleaded Regular Gasoline, Diesel #2 Ultra Low Sulfur, and Red Dyed Diesel #2 Ultra Low Sulfur. The six (6) Super Districts are identified as Eureka, Sacramento, Fresno, Los Angeles, Barstow, and San Diego.
For the base price of Ethanol (E85) Fuel, the State will use the weekly price quoted in the OPIS Ethanol & Biodiesel Information Services Publication under the Key Renewable Fuels Regional Averages section for product description E-85 Racks, West Coast.
For purposes of this contract, the following racks will be used for the RBMP, CAR Cost Fee, LCFS Cost Fee, and E85 base price for the counties included in Super District D:
Super
District
Caltrans
Districts
Combined
Market Base
OPIS
(Unleaded,
Diesel #2,
Diesel #2 with
Red Dye)
Market
Base E-85 Counties
D 5 and 7 Los Angeles West Coast
Monterey, San Benito, San
Luis Obispo, Santa
Barbara, Santa Cruz, Los
Angeles, Ventura
If an OPIS publication is modified, the State reserves the right to re-establish the base price calculation method or cancel all or part of the contract without prejudice against any party to the contract.
RBMP, CAR Cost Fee, LCFS Cost Fee, and E85 base price will be based on OPIS data and will be posted daily by DGS-PD.
Item No.10F
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-91-02C
Contract User Instructions
Cost Structure
Contract Composite Price for each fuel type shall be calculated according to the following table:
FUEL TYPE OPIS INDEX CONTRACT COMPOSITE PRICE
Unleaded Regular
Gasoline
“Time of Delivery” “Rack Average”
OPIS GROSS CARFG ETHANOL
(10.0%).
RBMP + CAR Cost fee + LCFS
Cost fee + Differential = Composite
Price
Diesel #2 Ultra Low
Sulfur
Daily OPIS Closing Benchmark File
OPIS GROSS CARB ULTRA LOW
SULFUR DISTILLATE PRICES**
RACK AVERAGE.
RBMP + CAR Cost fee + LCFS
Cost fee + Differential = Composite
Price
Red Dyed Diesel
Ultra Low Sulfur
OPIS Closing Benchmark File OPIS
GROSS CARB ULTRA LOW
SULFUR DISTILLATE PRICES**
Rack AVERAGE plus ($0.01/gal).
RBMP + CAR Cost fee + LCFS
Cost fee + Differential + .01 per
gallon = Composite Price
Ethanol (E85) OPIS Ethanol & BioDiesel Information
Services Publication under the Key
Renewable Fuels Regional Averages
section for product description E-85
Racks, West Coast.
RMBP + Differential = Composite
Price
Differentials:
All Differential prices quoted shall be:
• Exempt from: Federal Excise Tax
• Exclusive of: State Sales Tax, Local Sales Tax, California Motor Vehicle Fuel Tax, Leaking Underground Storage Tank Tax, Oil Spill Liability Trust Fund Tax, CAR cost fee, LCFS cost fee, AB 32 Fees.
These taxes and fees shall be listed separately on invoices and shall not be a component of the differential price. Any and all charges, levies, and/or fees not listed above shall be a component of the differential price.
PUBLICATION POSTING
The DGS-PD tracks and monitors fuel charges. The DGS-PD will prepare fuel charge documents and email to the Contractors and all end users of the contract daily the RBMP, CAR Cost Fees and LCFS Cost Fees for all fuels.
Item No.10F
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-91-02C
Contract User Instructions
The Contractor shall forward a copy of the DGS-PD Daily Fuel Post to all delivery locations that have been invoiced for payment to substantiate the accuracy of the base pricing on the invoice. To request the Daily Fuel Post, complete Attachment D – Fuel Rate Information Request Form and send to:
[email protected] or [email protected]
SPECIFICATIONS
All products on Attachment A, Contract Pricing, must meet or exceed the specifications in following specification attachment:
Attachment E – State of California Bid Specifications:
• Gasoline, Unleaded Regular, Bid Specification Number 9130-6166A, dated 7/18/2022
• Diesel Fuel, Type 2-D, Bid Specification Number 9130-6166B, dated 7/18/2022 • Ethanol (E85), Bid Specification Number 9130-6166C, dated 7/18/2022
CUSTOMER SERVICE
The Contractor will have a customer service unit that is dedicated to this contract. The customer service unit provides office and personnel resources for responding to inquiries, including telephone and email coverage weekdays during the hours of 8:00 a.m. - 5:00 p.m., PT.
The customer service unit shall be staffed with individuals that:
• Are trained in the requirements of this contract
• Have the authority to take administrative action to correct problems that may occur The Contractor’s customer service unit shall respond to all customer inquiries within one (1) business day of initial contact.
Contact Phone Email
Michele Blanchette (562) 884-6790 [email protected]
PURCHASE EXECUTION
A. State Departments
1) Std. 65 Purchase Documents
State departments not transacting in FI$CAL must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std. 65 is available at the Office of State Publishing web site (select STD Forms).
All Purchasing Authority Purchase Orders (Std. 65) must contain the following:
Item No.10F
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-91-02C
Contract User Instructions
• Agency Order Number (Purchase Order Number)
• Ordering Agency Name
• Agency Billing Code
• Purchasing Authority Number
• Leveraged Procurement Number (Contract Number)
• Supplier Information (Contact Name, Address, Phone Number, Fax Number, E-mail)
• Line Item number
• Quantity
• Unit of Measure
• Commodity Code Number
• Product Description
• Unit Price
• Extension Price
• Tank Size*
• Tank Fitting Type*
*Attachment B – Delivery Locations may not be the most up to date listing for tank size and tank fitting type. In order to ensure accurate Minimum Order calculation and appropriate equipment at the time of delivery, please list these items on the purchase order.
The Contractor shall not accept incomplete orders from ordering agencies. 2) FI$CAL Purchase Documents
State departments transacting in FI$CAL will follow the FI$CAL procurement and contracting procedures.
3) Blanket Orders
The use of blanket purchase orders against this statewide contract are allowed.
Ordering agencies issuing blanket purchase orders must adhere to the following guidelines:
a) The order does not cross into different Fiscal Years. b) The order is only used for items on the contract.
c) The order does not exceed the contract period.
d) All orders placed against the blanket purchase order must be in writing. e) When funds are exhausted a new order is issued.
f) The order is issued only to one contract supplier.
B. Local Governmental Agencies
Local governmental agencies may use their own purchase document for purchase execution. The purchase documents must include the same data elements as listed Item No.10F
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-91-02C
Contract User Instructions
above (Exception: Purchasing Authority Number and Billing Code which are used by State departments only).
MINIMUM ORDER
Minimum delivery quantity shall be 70 percent of tank capacity for below ground tanks and 60 percent of tank capacity for above ground tanks. Orders for less than the minimum order quantity shall be delivered at the contract price plus a “Premium” of not more than ten cents ($0.10) per gallon delivered. The contract allows for a two percent variance before the less than minimum fee applies. If the ordered amount meets the minimum order requirement but upon delivery the tank will not hold the minimum order quantity, the Contractor may charge the Premium for Less Than Minimum Delivery on the amount delivered.
Deliveries for less than the minimum order quantity required for “TANK TESTING” will not be purchased against the contract.
ORDERING PROCEDURE
Ordering agencies are to submit appropriate purchase documents directly to the Contractor via one of the following ordering methods:
• U.S. Mail
• Facsimile
• Email
The Contractor’s Order Placement Information is as follows:
ORDER PLACEMENT INFORMATION
U.S. Mail:
Falcon Fuels, Inc.
7300 Alondra Blvd. Suite 204
Paramount, Ca. 90723
Facsimile:
(562) 272-4232
Email:
[email protected]
When using any of the ordering methods specified above, all State departments must conform to proper State procedures.
ORDER ACCEPTANCE
The Contractor shall accept orders from any ordering agency. The Contractor shall not accept purchase documents for this contract that:
• Are incomplete
• Contain non-contract items
• Contain non-contract terms and conditions
Item No.10F
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-91-02C
Contract User Instructions
The Contractor must not refuse to accept orders from any ordering agency for any other reason without written authorization from the State Contract Administrator.
Contractor has the option to reject orders from CALFIRE during fire season.
ORDER RECEIPT ACKNOWLEDGEMENT
The Contractor will provide ordering agencies with an email or facsimile Order Receipt Acknowledgement within two (2) working days of receipt of purchase document. The Order Receipt Acknowledgement shall include the following information:
• Ordering agency name
• Agency order number (purchase order number)
• Purchase order total cost
• Total Quantity of Fuel Ordered in Gallons
• Anticipated delivery date
DELIVERY SCHEDULES
Delivery for orders placed against this contract shall be in accordance with the following:
A. Locations
Delivery shall be made to the specified locations listed on Attachment B – Delivery Locations for Super District D. All deliveries made in a tank wagon must be metered.
Deliveries are to be made to the location specified on the individual purchase order.
Deliveries to remote locations may, by mutual agreement between the receiving location and the Contractor, be delivered on a regularly scheduled “keep full” basis, with no additional charges to the State.
B. Add, Delete or Change Delivery Locations
To add, delete or change delivery location(s), submit Attachment C – Delivery Location Addition/Change Request Form directly to the State Contract Administrator.
C. Delivery Equipment
Contractor will be required to make deliveries at the time specified in vehicles suitable for each individual location, and for the quantity of fuel ordered. These vehicles shall be equipped as required by applicable laws, rules or regulations with all components, such as connectors and hoses of the proper size, length, etc., necessary to successfully complete delivery. All delivery vehicles and/or trailers must have accurate metering equipment to enable state personnel to verify quantities delivered.
It is the responsibility of the Contractor to verify the proper connection and hose before the first delivery.
Item No.10F
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-91-02C
Contract User Instructions
Contractor shall perform all deliveries to facilities in a safe and professional manor.
Contractor’s equipment shall be in good working order condition and all personnel shall be trained in safety measures to preclude accidents endangering personnel or property.
Many of the delivery locations are semi-remote and access may only be possible over narrow, winding, unpaved roads. These roads may often limit delivery to trucks without trailers and in some instances smaller than normal trucks may be required. A lack of familiarity with a delivery location will in no way relieve a contractor from their responsibility to fulfill the terms and conditions of the resulting contract.
D. Schedule
Delivery of ordered product shall be completed in full within three (3) working days after receipt of an order (ARO). Since receiving hours for each ordering agency will vary by facility, it will be the Contractor’s responsibility to check with each ordering agency for their specific delivery hours before delivery occurs.
The Contractor must notify the ordering agency within twelve (12) hours of scheduled delivery time, if delivery cannot be made within the time frame specified on the Order Receipt Acknowledgement.
The Contractor is requested to make deliveries in Los Angeles County, Orange County, San Bernardino Metropolitan Area, and San Diego Metropolitan Area during off-peak hours. Off-peak hours are Monday through Friday, 10:00 AM to 4:00 PM PT.
E. Security Requirements
Deliveries may be made to locations inside secure grounds that require prior clearances or special entry procedures for delivery drivers.
Security procedures may vary from facility to facility. The Contractor will be responsible for contacting the secure location for security procedures, hours of operation for deliveries and service, dress code, and other rules of delivery.
Deliveries that are delayed due to drivers not being cleared to enter secure grounds may be cause for contract default.
EMERGENCY/EXPEDITED ORDERS AND ADDITIONAL CHARGES
A. Urgent Deliveries:
Contractor shall make urgent deliveries during regular working hours for minimum delivery requirements within two (2) working days ARO at NO ADDITIONAL COST to the State or local agencies. Urgent deliveries are not anticipated to occur often and should be kept to a minimum by the ordering State or local agencies.
Item No.10F
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-91-02C
Contract User Instructions
B. Emergency Deliveries: Deliveries requested outside the regular working hours of 8:00 a.m. to 5:00 p.m. and State observed holidays shall be considered an emergency.
Orders may be placed by telephone, followed by a purchase order sent to the Contractor by facsimile or US mail. Emergency delivery invoice must accompany the fuel invoice for payment of the emergency delivery fee. The emergency delivery charge shall not exceed $120.00 per delivery. Emergency Delivery fees are not applicable to late deliveries that occur outside of regular working hours or holidays.
C. Demurrage Charge: During normal delivery hours of 8:00 a.m. to 5:00 p.m. the Contractor’s truck shall be admitted to the delivery site within five (5) minutes of arrival (excluding security requirements). If the Contractor attempts to deliver fuel to a delivery site and the Contractor’s truck is detained beyond the five (5) minute grace period at the delivery site for reasons such as locked gates, unavailable receiving personnel, etc. caused by the ordering agency, the Contractor shall be entitled to Demurrage fee.
Demurrage time shall be invoiced separately and supported by appropriate documentation (delivery logs, contact names, etc.). The demurrage time invoice must accompany the fuel invoice for payment of the demurrage fee. The demurrage fee shall not exceed $2.50 per minute and not exceed $150.00 per delivery. Charges, if applicable, will be applied to the amount of time the Contractor’s truck was detained minus the five (5) minute grace period and not including time for security requirements.
D. Trip Charge: During normal delivery hours of 8:00 a.m. to 5:00 p.m., the Contractor’s truck, upon arrival, shall be admitted to the delivery site without delay. If the Contractor attempts to deliver fuel to a delivery site and is not admitted to the delivery site for reasons caused by the ordering agency the Contractor shall be paid a trip charge fee.
Trip charge time shall be invoiced separately and supported by appropriate documentation (agreed upon delivery time, delivery logs, contact names, etc.). A trip charge fee invoice must accompany the fuel invoice for payment of trip charge fee. The trip charge shall not exceed $250.00 per delivery.
E. Standing Time: The State shall be entitled to standing time for up to one (1) hour at no charge for the purposes of unloading. A maximum charge of $1.00 per minute shall be assessed for standing time in which the carrier’s equipment is detained through no fault of the carrier, in excess of the one free hour. Charged time shall be supported with the appropriate documents. For payment to be processed, the standing time billing must accompany, on a separate invoice, the fuel billing. Start time shall begin when the carrier is ready to hook-up to the fuel tank. Each time shall conclude when carrier disconnects or is finished loading fuel into the tank.
F. Premium for Less Than Minimum Delivery: Minimum delivery quantity shall be 70 percent of tank capacity for below ground tanks and 60 percent of tank capacity for above ground tanks. The contract allows for a 2 percent variance before the fee applies. Deliveries for less than the minimum order quantity shall be delivered at the contract price plus a “PREMIUM” of not more than ten cents ($0.10) per gallon delivered. For payment to be processed, the Less Than Minimum Delivery Fee billing Item No.10F
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-91-02C
Contract User Instructions
must accompany, on a separate invoice, the fuel billing. Deliveries for less than the minimum order quantity required for “TANK TESTING” will not be purchased against this contract. If ordered amount meets the minimum delivery requirement, but upon delivery, the tank will not hold the minimum delivery quantity, the Contractor may charge the Premium for Less Than Minimum Delivery on the amount delivered.
G. Late Delivery (Charged to the Contractor): The parties to this agreement acknowledge that the ordering agency shall incur actual damages should the Contractor fail to deliver the fuel as specified in the contract delivery requirements.
Late Delivery charges must be supported by appropriate documentation (delivery logs, contact names, etc.). It is agreed that the Contractor will pay the ordering agency twenty-five ($0.25) cents per gallon per order for late delivery of fuel, and the ordering agency will make an adjustment to be reflected on the invoice. Normal delivery working hours are 8:00 a.m. to 5:00 p.m. Monday through Friday, except State observed holidays. (The Late Delivery Fee is fixed at $0.25 per gallon).
H. Winterization: Winterization shall be available for purchase from the Contractor during the winter months which typically start the month of October through the month of April each contract year (may vary depending on location). The purchase of winterization shall be added to fuel authorized only by State of California Departments and participating local agencies at a maximum cost of five cents ($0.05) per gallon.
FREE ON BOARD (F.O.B.) DESTINATION
All prices are F.O.B. destination; freight prepaid by the Contractor, to the ordering agency’s receiving point. Responsibility and liability for loss or damage for all orders will remain with the Contractor until final inspection and acceptance, when all responsibility will pass to the ordering agency, except the responsibility for latent defects, fraud, and the warranty obligations.
BILL OF LADING
Contractor shall provide a Bill of Lading (BOL) with each fuel delivery.
SAFETY DATA SHEET
The Contractor shall provide a Safety Data Sheet for product(s) subject to Title 8 of the California Code of Regulations, Section 5194, Hazard Communication. The Safety Data Sheet is to be prepared and delivered in accordance with this Section.
CONTRACT ADMINISTRATION
Both the State and the Contractor have assigned contract administrators as the single points of contact for problem resolution and related contract issues.
Item No.10F
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-91-02C
Contract User Instructions
Administrator
Information DGS-PD Falcon Fuels Inc.
Contact Name: Amanda Lewis Carolina Chavez
Telephone: (279) 946-7876 (562) 665-7189
Facsimile: NA (562) 272-4232
Email: [email protected] [email protected] Address: DGS/Procurement Division
Attn: AMANDA LEWIS
707 Third Street, 2nd Floor, MS 201
West Sacramento, CA 95605
Falcon Fuels Inc.
Attn: CAROLINA CHAVEZ
7300 Alondra Blvd. Suite 204
Paramount, Ca. 90723
RANDOM SAMPLE COMPLIANCE REVIEW
The State has the option of randomly sampling offered products from any order to ensure compliance to contract requirements. Any products failing random sample review will be replaced by the Contractor free of charge and re-evaluated by the State.
The State reserves the right to reject non-compliant fuel. If the test analysis of sampled fuel indicates non-compliance, the Contractor shall be responsible for all costs related to the test analysis, removal, and disposal of non-compliant fuel from affected site storage tanks. Contractor may also be liable for any equipment damaged as a result of non- compliant fuel.
PRODUCT RECALL PROCEDURES
The Contractor shall provide product recall notification, regardless of level, in writing to the State Contract Administrator and each ordering agency through the most expedient method possible. The notices, at a minimum, shall include a complete product description and/or identification, contract number, delivery order number and disposition instructions.
The Contractor shall issue replacement of product or credit for any product removed or recalled. Each ordering agency shall have the option of accepting either replacement product or credit in exchange for recalled/removed products.
INVOICING
Ordering agencies may require separate invoicing, as specified by each ordering agency.
Invoices will contain the following information:
• Contractor’s name, address, and telephone number
• Contract Number
• Agency Order Number (Purchase Order Number)
• Line-Item Number
• Quantity purchased
Item No.10F
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-91-02C
Contract User Instructions
• Contract Unit Price and Extension
• State sales and/or use tax
• Prompt payment discounts/cash discounts, if applicable • Totals for each order
Invoice prices shall be itemized showing the RBMP, CAR Cost fee, LCFS Cost fee, the Differential, and Additional Charges, (region base market price + differential) per gallon, Extension Price, and appropriate taxes and fees.
Invoices and payments shall be for net metered gallons delivered. Contractor must charge the agency for net metered gallons delivered only. Contractor shall provide with invoice a copy of a receipt of gallons delivered. Additionally, a copy of the “Bill of Lading” from the fuel terminal shall accompany all invoices for all deliveries.
The Contractor must obtain prior approval from the DGS contract administrator before adding and/or modifying any new changes to the agency invoice.
State Departments are Federal Excise Tax exempt. DGS-PD will be responsible for furnishing all applicable exception certificates upon request from the Contractor. Local agencies shall be responsible for furnishing their own applicable exception certificates upon request from the contractor.
The State’s obligation to make payment pursuant to the contract is subject to availability of appropriated funds. Receipt of a Purchasing Authority Purchase Order (STD. 65) or Purchase Order in FI$Cal under this contract is proof of encumbered funds for that order.
PAYMENT
A. Terms
Payment terms for this contract are net forty-five (45) days. Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than forty- five (45) days after the date of acceptance of goods, performance of services, or receipt of an undisputed invoice, whichever is later.
B. CAL-Card Use
Use of the CAL-Card for payment of invoices is not allowed under this statewide contract.
C. Payee Data Record
Each State department’s accounting office must have a copy of the Contractor’s Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting offices. Without the Std. 204, Item No.10F
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-91-02C
Contract User Instructions
payment may be unnecessarily delayed. State departments should contact the Contractor for copies of the Payee Data Record.
CALIFORNIA SELLER’S PERMIT
The California seller permit number for the Contractor is listed below. Ordering Agencies can verify that permits are currently valid at the following website: www.cdtfa.ca.gov.
State departments must adhere to the file documentation identified in the State Contracting Manual Volume 2.
Contractor Name Seller Permit #
Falcon Fuels Inc. 14763144
RECYCLED CONTENT
There is no recycled content associated with this contract.
SB/DVBE PARTICIPATION
There is no Small Business (SB) or Disabled Veteran Business Enterprise (DVBE) participation for this contract.
BIDDER DECLARATION/COMMERCIALLY USEFUL FUNCTION (CUF)
CERTIFICATIONS
The DGS-PD, as the awarding department, has assessed the Contractor and subcontractor certifications, (i.e. Darfur, Russian Sanctions, SB/DVBE, etc.), Bidder Declaration, and CUF during the solicitation evaluation process. Consequently, when executing purchase documents pursuant to this contract, it is not necessary for State departments operating under statewide contract purchasing authority to request the completion of State required certifications, a Bidder Declaration document, or perform additional CUF analysis. The State department should make a notation of this within their procurement file.
ATTACHMENTS
Attachment A – Contract Pricing
Attachment B – Delivery Locations (Super District D)
Attachment C – Delivery Location Addition/Change Request Form Attachment D – Fuel Rate Information Request Form
Attachment E – State of California Bid Specifications:
• Gasoline, Unleaded Regular, Bid Specification Number 9130-6166A, dated 7/18/2022
• Diesel Fuel, Type 2-D, Bid Specification Number 9130-6166B, dated 7/18/2022 • Ethanol (E85), Bid Specification Number 9130-6166C, dated 7/18/2022 Item No.10F
Department of General Services Attachment C-1
PROCUREMENT DIVISION
Rev. 3/2/2023
DELIVERY LOCATION ADDITION REQUEST FORM
Contract Number 1-23-91-02C
Bulk Regular Unleaded Gasoline, Ethanol (E85), Diesel #2 Ultra Low Sulfur, and Red Dyed Diesel #2
To: Amanda Lewis
707 Third Street, 2nd Floor
West Sacramento, Ca. 95605
Phone: (279) 946-7876
Email: [email protected]
From: City of Thousand Oaks
Municipal Service Center
1993 Rancho Conejo Blvd.
Thousand Oaks, CA 91320
The use of this contract is mandatory for all State agencies. Local governmental agencies, by submitting and signing this form your location elects to participate in the Bulk Gasoline, Diesel #2, and Ethanol fuel contracts and therefore, are obligated to utilize the contract for the entire contract period. The following information is being provided in order to add or change your location to the contract.
Department Name: City of Thousand Oaks, Public Works Dept.
Contact Name: Donald Coverrubias Telephone: 805-376-5089
Region: Southern California County: Ventura (Super District D – District 7)
Business Name of Delivery Location: Municipal Service Center
Delivery Location (physical address): 1993 Rancho Conejo Blvd. Thousand Oaks CA 91320
Tank Size Tank Location Type of Fuel Est. Annual Usage
(Tank capacity) (Above or Below) (Gas, Diesel, E-85) (# of gallons) 12,000 Gal Below Gas 150,000
6,000 Gal Below Renewable Diesel 35,000
List special connections or conditions required for the above tank(s):
12,000 Gal tank has 4” camlock with 3” vapor recovery. 6,000 Gal tank has 4” camlock
Authorized Signature: Date:
Kevin McNamee, Mayor
Attest: Date:
Laura Maguire, City Clerk
Item No.10F
Department of General Services Attachment C-1
PROCUREMENT DIVISION
Rev. 3/2/2023
Approved As to
Administration: Date:
Andrew P. Powers, City Manager
Approved by
Department Head: Date:
Clifford G. Finley, Public Works Director
Approved As to Form: Date:
Tracy Friedl, Assistant City Attorney
Item No.10F
Department of General Services Attachment C-2
PROCUREMENT DIVISION
Rev. 3/2/2023
DELIVERY LOCATION ADDITION REQUEST FORM
Contract Number 1-23-91-02C
Bulk Regular Unleaded Gasoline, Ethanol (E85), Diesel #2 Ultra Low Sulfur, and Red Dyed Diesel #2
To: Amanda Lewis
707 Third Street, 2nd Floor
West Sacramento, Ca. 95605
Phone: (279) 946-7876
Email: [email protected]
From: City of Thousand Oaks
Municipal Service Center
1993 Rancho Conejo Blvd.
Thousand Oaks, CA 91320
The use of this contract is mandatory for all State agencies. Local governmental agencies, by submitting and signing this form your location elects to participate in the Bulk Gasoline, Diesel #2, and Ethanol fuel contracts and therefore, are obligated to utilize the contract for the entire contract period. The following information is being provided in order to add or change your location to the contract.
Department Name: City of Thousand Oaks, Public Works Dept.
Contact Name: Donald Coverrubias Telephone: 805-376-5089
Region: Southern California County: Ventura (Super District D – District 7)
Business Name of Delivery Location: Hill Canyon Treatment Plant
Delivery Location (physical address): 9600 Santa Rosa Road, Camarillo Oaks CA 93012
Tank Size Tank Location Type of Fuel Est. Annual Usage
(Tank capacity) (Above or Below) (Gas, Diesel, E-85) (# of gallons) 1,500 Gal Above Gas 6,000
1,500 Gal Above Renewable Diesel 3,000
15,000 Gal Above Dyed Diesel 5,000
List special connections or conditions required for the above tank(s):
1,500 Gal tanks have 4” camlock with top fill. 15,000 Gal tank has 3” camlock with side fill. The plant is locate on Hill Canyon Road off Santa Rosa Road. Hill Canyon Road leads back into the canyon and is a narrow road.
Authorized Signature: Date:
Kevin McNamee, Mayor
Attest: Date:
Laura Maguire, City Clerk
Item No.10F
Department of General Services Attachment C-2
PROCUREMENT DIVISION
Rev. 3/2/2023
Approved As to
Administration: Date:
Andrew P. Powers, City Manager
Approved by
Department Head: Date:
Clifford G. Finley, Public Works Director
Approved As to Form: Date:
Tracy Friedl, Assistant City Attorney
DPw: 241-20\ev\H:\Council\2023\03142023\Trillium and Fuel Purchase ATT 1.pdf Item No.10F
TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:March 14, 2023
SUBJECT: Hill Canyon Treatment Plant Retaining Wall Project (CI 5444) RECOMMENDATION:
1. Approve Sixth Amendment to Professional Services Agreement No. 12377- 2020 with m6 Consulting, Inc. of Westlake Village, CA, for additional Construction Phase Services on the Hill Canyon Treatment Plant Retaining Wall Project (CI 5444) in the amount of $42,365 for a new revised not-to-exceed amount of $282,196.
2. Approve budget appropriation and expenditure in the amount of $42,365 from A/C #624-0000-341-9900 (Wastewater Fund, Net Position) to A/C #624-8250-682- 8300 (CI 5444, Hill Canyon Treatment Plant Retaining Wall Project).
3. Find that the project is Categorically Exempt from California Environmental Quality Act pursuant to 14 CCR §§ 15301, 15302, and 15304.
FINANCIAL IMPACT:
$42,365 Increase to FY 2022-23 Wastewater Fund Budget. $42,365 increase to Adopted FY 2022-23 Wastewater Fund Budget is requested for the Hill Canyon Treatment Plant Retaining Wall Project. $1,800,000 is available in the Adopted FY 2022-23 Wastewater Fund Budget. The total project cost is estimated at $1,842,365.
BACKGROUND:
Hill Canyon Treatment Plant (HCTP) treats wastewater from the community of Thousand Oaks. Constructed in the 1960s with major improvements over the following decades, HCTP provides tertiary level wastewater treatment. The treatment plant is located within a canyon environment. The plant is bordered on two sides by canyon walls with a creek running on the northwest side of the parcel. As the plant was expanded over the years, there were retaining structures installed on the southeast border of the plant (Attachment #1). Over time, the slope in some areas has overtopped the existing retaining wall sections and in Item No.10G
HCTP Retaining Wall Project CI 5444
March 14, 2023
5 4
3 certain areas the retaining wall has started to fail. Due to the special expertise required for retaining wall design, staff solicited proposals from engineering consulting firms to design and engineer the project scope of work, including removal and replacement of approximately 540 feet of existing retaining wall.
On May 12, 2020, City Council approved an agreement with m6 Consulting, Inc., (m6) of Westlake Village, CA, in the amount of $79,690 to perform engineering design services and preparation of construction contract documents for the Retaining Wall Project. Five amendments were issued to m6 during the project. Amendments No. 1 and No. 4 were contract time extensions. Amendments No. 2 through 5 covered additional scope of work associated with performing additional exploratory investigation to uncover existing utilities in the vicinity of the proposed improvements and for construction phase services. This brought the total agreement to $239,831.
The project plans and specifications were completed by m6 in December 2021, and the project was bid for construction in February 2022. On March 29, 2022, City Council approved a construction contract in the amount of $1,274,213, plus contingency of $127,421, with GMZ Engineering, Inc. (GMZ), of Westlake Village, CA for the construction of the retaining wall.
DISCUSSION/ANALYSIS:
The project is in the final closeout stages, to be finished by the end of March 2023. Unforeseen issues were encountered during the final stages of construction, such as utility conflicts and grade changes which led to extra construction time in the field during the months of December, January, and February. In addition, the final construction means and methods utilized by the construction contractor have alternative constructability approaches that entail extra field time for the placement of the piles and backfill of the retaining wall. As a result, additional consulting support services from m6 are required to complete the project, including additional construction inspection, engineering support, oversight, and materials testing. m6 will continue to provide support to the City until the project is closed out, which requires the additional funding requested herein.
Staff recommends City Council approve the Sixth and final Amendment to the Professional Services Agreement with m6 in the amount of $42,365 for these additional construction phase services (Attachment #2). m6 - Design Phase Services (previously approved) $ 79,690 Extra Design Services (previously approved) $ 7,791 Construction Period Engineering Support (previously approved) $ 152,350 Additional Construction Phase Services (this action) $ 42,365 Design and Engineering – Subtotal $ 282,196 Item No.10G
HCTP Retaining Wall Project CI 5444
March 14, 2023
5 4
3 Community Outreach: Project work is limited to the HCTP and does not impact neighboring residences. The work will be at the north end of the plant and will have limited impact to plant operation. Construction-related impacts to hiking trail users will be minimal.
As part of the design efforts on the project, the Consultant prepared a Categorical Exemption memorandum in accordance with the California Environmental Quality Act (CEQA) guidelines per sections 14 CCR § 15301, 15302 and 15304. A Notice of Exemption (NOE) was prepared, and City staff had the document recorded by the County of Ventura in September 2021.
This project meets City Council’s Top Ten Priorities #9, “Public Works Infrastructure Investments.”
CIP PROJECT PRIORITY (as outlined in FY 2021-23 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 Maps
Attachment #2 – Sixth Amendment with m6 Consulting, Inc.
DPW: 850-20\ev\nh\etm\Council\2023\031423\CI 5444\ HCTP Retaining Wall staff report.docx Item No.10G
ATTACHMENT #1
Secondary Clarifiers
Digesters
Primary
Clarifiers
Cogeneration Engines
Primary
Clarifiers
Thickening Building
Arroyo Conejo
Wetlands
Solar Panels
Biosolids Drying
(to be abandoned)
Bioreactors
Chlorine Contact Channel
Flow Equalization Basins
Operations Building
Bioreactor Basins
Filters
Dewatering / Generator Building
0 300 600150
Feet
±HILL CANYON
WASTEWATER TREATMENT PLANT
PROJECT LOCATION
HILL CANYON TREATMENT PLANT
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DPW: 850-20\ev\nh\etm\Council\2023\031423\CI 5444\ HCTP Retaining Wall Att 1.pdf Item No.10G
ATTACHMENT #2
DPW: 850-20\ev\nh\etm\Council\2023\031423\CI 5444\ HCTP Retaining Wall Att 2.docx
Project Name: HCTP Retaining Wall Project (CI 5444)
SIXTH AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
m6 CONSULTING, INC.
Contract No. 12377-2020
THIS SIXTH AMENDMENT to the Agreement for Professional Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation (hereafter “City”) and m6 CONSULTING, INC. (hereafter “Consultant”), entitled Hill Canyon Treatment Plant Retaining Wall Project (CI 5444) and dated April 27, 2021 and amended as stated below (herein “Contract”) is made this 14th day of March, 2023.
RECITALS
A. Section 3 of the Contract, originally provided for a “not-to- exceed” total payment as consideration to Consultant of $79,690 for services generally and briefly described as preparation of the construction contract documents and
services during the bidding phase.
B. The first amendment to the Contract was issued on May 12, 2020, extending the Contract termination date to December 31, 2022.
C. The second amendment to the Contract was issued on
December 23, 2021, adding the amount of $7,791, modifying the Contract amount to $87,481.
D. The third amendment to the contract was issued on March 29, 2022, in the amount of $64,225, modifying the Contract
amount to $151,706.
E. The fourth amendment to the contract was issued on June 22, 2022, extending the Contract termination date to June 30, 2023.
F. The fifth amendment to the contract was issued on December 6, 2022, in the amount of $88,125, modifying the Contract amount to $239,831.
Item No.10G
DPW: 850-20\ev\nh\etm\Council\2023\031423\CI 5444\ HCTP Retaining Wall Att 2.docx
G. City is in need of expanding the Scope of Services to be performed under the present Contract, and Consultant is desirous of performing such and receiving additional
compensation for said extra services.
AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to Contract agree to amend Contract as described below:
Part 1. Section 2 of Contract is amended to include the additional scope of work generally encompassing additional geotechnical and construction phase support services and efforts due to existing utility conflicts in conjunction with the HCTP Retaining Wall Project. The detailed scope of this additional work is attached hereto and incorporated herein as Exhibit A-6.
Part 2. The sum of $42,365 is added as compensation to Consultant under the present Contract for the above-described additional services, and Subsection 3 (a) of Contract is hereby amended to read in its entirety as follows:
(a)Maximum and Rate. The total compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum of $282,196 and shall be earned as the work progresses on the basis explained in the original contract, and as may have been previously amended.
Item No.10G
DPW: 850-20\ev\nh\etm\Council\2023\031423\CI 5444\ HCTP Retaining Wall Att 2.docx
Part 3. All terms used in Part 1, 2 above shall have the meanings ascribed thereto in Contract. Except as amended in Part 1, 2, all other sections, terms, obligations, duties, clauses, and provisions of Contract shall remain the same.
IN WITNESS WHEREOF, the parties execute this SIXTH Amendment to Contract as of the date set forth above.
m6 CONSULTING, INC.
Robert Woodward, P.E., CEO
Masoud Mahmoud, P.E., CFO
CITY OF THOUSAND OAKS
Kevin McNamee, Mayor
ATTEST:
Laura B. Maguire, City Clerk
APPROVED AS TO ADMINISTRATION:
Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD:
Clifford G. Finley, Public Works Director
APPROVED AS TO FORM:
Office of the City Attorney
Tracy Friedl, Assistant City Attorney
Item No.10G
DPW: 850-20\ev\nh\etm\Council\2023\031423\CI 5444\ HCTP Retaining Wall Att 2.docx
EXHIBIT A-6
m6 – Additional Scope of Services
CONSULTANT shall provide additional services for construction period and engineering support services for the Hill Canyon Treatment Plant Retaining Wall project.
CONSULTANT shall perform the following additional Tasks:
PHASE II – CONSTRUCTION PHASE
1) CONSULTANT shall provide additional construction phase services, including:
A) Continued attendance of requested construction meetings, as well as providing site visits and structural observations during construction, to cover engineering support during the extended duration of the project.
B) Additional change order reviews, responses to Contractor RFI’s and issuance of addenda to the Contract Documents relating to the RFIs C) Continued onsite observation resulting from field conflicts and unforeseen utility conflicts.
2) CONSULTANT will also provide the following Geotechnical and Material Testing Services
A) Additional material testing including sampling and testing concrete and backfill material.
3) CONSULTANT shall also prepare additional daily field reports.
Item No.10G
TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:March 14, 2023
SUBJECT: 2023 Sidewalk and Concrete Replacement Program (MI 2557) RECOMMENDATION:
1. Authorize staff to advertise the 2023 Sidewalk and Concrete Replacement Program (MI 2557) for construction bids.
2. Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.
FINANCIAL IMPACT:
No Additional Funding Requested. Minimal staff time and costs to advertise for bids is included in the Adopted FY 2022-23 Gasoline Tax Fund Budget. $400,000 is included in the Adopted FY 2022-23 Streets Capital Improvement Budget (MI 2557). Estimated total project cost is $395,000.
BACKGROUND:
The Public Works Department maintains 600 miles of sidewalks, curbs, and gutters along 380 miles of public streets Citywide. Sidewalks, curbs, and gutters can be damaged by mature tree roots or poor subgrade conditions. Repair or replacement of concrete sidewalks, curbs, and gutters provides for safer pedestrian travel and improves street drainage. To minimize ongoing future damage to sidewalks from trees, root barriers are installed at the base of each tree when concrete repairs are completed.
To improve the efficiency of this program, the City has been divided into four quadrants, with sidewalk repair inspections performed in one quadrant of the City at a time (Attachment #1). Staff utilizes a three-point grading system that rates the Item No.10H
2023 Sidewalk and Concrete Replacement Program MI 2557
March 14, 2023
5 4
5 severity of defects and records the needs for asphalt, sidewalk, and curb and gutter repair and/or replacement. Priority is given to the areas with higher pedestrian traffic, schools, public facilities, and connecting walkways.
The City has completed the high-priority repair work in Quadrants 1 and 3, through the previous repair program in 2022. The 2023 Concrete Replacement and Sidewalk Repair Program (MI 2557) will cover the current high-priority repair work needed in Quadrants 2 and 4, near Erbes Road and La Granada Drive (Attachment #2).
This year’s project is expected to repair approximately 6,000 square feet of concrete sidewalk, six driveway approaches, and 500 linear feet of curb and gutter.
The work also includes reconstructing 3,000 square feet of cross gutter and spandrel at the intersections of Erbes Road and Hood Drive, La Granada Drive and Hood Drive, La Granada Drive and Drake Drive, and Hood Drive and Kent Court. The above reconstruction will accommodate residents’ access to the school and the park in the neighborhood.
DISCUSSION/ANALYSIS:
Staff has completed the design of the 2023 Sidewalk and Concrete Replacement Program (MI 2557) with in-house resources. The project plans and specifications are available for review upon request to the Public Works Department by e-mail at [email protected] or by phone at (805) 449-2400. Staff is recommending that the project be advertised for bid.
Once bids are received, staff will seek City Council’s approval to award the construction contract. The estimated costs are as follows:
Construction Estimate (including contingency) $350,000 Monument Preservation $ 40,000 City Furnished Materials/Supplies $ 5,000
Total Estimated Project Cost $ 395,000
The tentative schedule for completion of the project is as follows:
Bid Opening April 2023
Award of Construction Contract May
2023
Start of Construction June 2023
Project Completion Fall 2023
Item No.10H
2023 Sidewalk and Concrete Replacement Program MI 2557
March 14, 2023
5 4
5 The Concrete Replacement and Sidewalk Repair Program is categorically exempt from CEQA per Section 15301 (repair/maintenance of an existing facility).
Community Outreach: Staff has established a public outreach plan for this project, with particular focus on residents located adjacent to the project, as well as the general public. Various communications tools and strategies, including direct mailers to residents, press releases, website updates, and social media posts will continue to be utilized to inform the public.
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 Two – Necessary, but not essential, and there could be consequences if deferred.
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: Chandani Gunasekara, Engineering Associate Attachments:
Attachment #1 – Sidewalk Maintenance Quadrants
Attachment #2 – Locations of Proposed Improvements in Quadrants 2 & 4 DPW: 850-20\ev\Council\2023\03142023\MI 2557\Concrete Sidewalk Replacement staff report.docx Item No.10H
UV23
£¤101
4 2
1 3
Sidewalk Maintenance Quadrants
0 1 2 3 4
Miles
Document Path: U:\_PW-DEV\2020-2021MapsOnRequest\SidewalkQuadrants\SidewalkQuadrants.mxd DPW: 850-20\ev\Council\2023\03142023\MI 2557\Concrete Sidewalk Replacement Att 1.pdf Item No.10H
ATTACHMENT# 2
Ml 2557 - 2023 Sidewalk and Concrete Replacement Program
0.4 VICINITY MAP
LOCATION MAP
0.8 posed
ject Area
I I
DPW: 850-20\ev\Council\2023\03142023\MI 2557\Concrete Sidewalk Replacement Att 2.pdf Item No.10H
TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:March 14, 2023
SUBJECT: Purchase Used Bus to Support Summer Beach Bus Program RECOMMENDATION:
1. Authorize staff to waive City’s normal equipment purchasing process of Thousand Oaks Municipal Code Sec. 3-10.201 for the purchase of a used motorcoach-type bus to support Summer Beach Bus Program and Special Projects.
2. Authorize staff to open a purchase order in an amount not-to-exceed $150,000.
3. Approve budget appropriation and expenditure in an amount not-to-exceed $150,000 from A/C #651-0000-341-9900 (Transportation Fund, Net Position) to A/C #651-5540-685-8400 (Bus/Equipment Over $5,000).
4. 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 Transit Program Budget. Funding to come from unallocated Transportation Development Act (TDA) funds. No adverse impact to transit operations budget or transit program support for street and road maintenance. Additional costs for bus maintenance and fuel estimated not to exceed $20,000 annually will be requested during the upcoming biennial budget process.
BACKGROUND:
Thousand Oaks Transit (TOT) was established in 1981 and provides fixed route and commuter bus service, Senior Dial-A-Ride (DAR), and Americans with Disabilities Act (ADA) paratransit services to residents of Thousand Oaks. In addition, TOT provides services under contract to the City of Moorpark, City of Item No.10I
Purchase Used Bus to Support Summer Beach Bus Program
March 14, 2023
5 4
6 Westlake Village, City of Agoura Hills, and County of Ventura for Oak Park and select unincorporated areas, and East County Transit Alliance’s (ECTA) InterCity DAR service.
Since 2010, except when interrupted by the COVID-19 pandemic, TOT has operated the Summer Beach Bus program, which provides transportation from Thousand Oaks to Zuma Beach in Malibu. The Beach Bus program is largely grant-funded using federal funding sources set aside for the program. Additionally, the Transit Program routinely receives requests from other City departments, governmental, and non-profit organizations to provide transportation service for special events, facility tours, employee orientations, etc.
Since the inception of the Summer Beach Bus program, the City has relied almost exclusively on vendors other than our contracted transit operator, MV Transportation, Inc. (MV), to provide the service. Both the City and MV lack the necessary vehicles to effectively operate the summer program. The City’s current fleet of transit buses are not suitable for this particular use.
The City has leased vehicles for the program on a temporary but expensive basis for as much as $45,000 for a 10-week period. Staff has also solicited proposals from qualified operators with available vehicles. However, in three of the last four years that a Request for Proposal has been issued, the City has not received a single qualified proposal. The lack of response has forced staff to seek out a qualified vendor and negotiate terms which are not as favorable to the City as compared to the cost if MV was providing the service and a vehicle was available.
DISCUSSION/ANALYSIS:
Since the Summer Beach Bus program is only offered for up to 10 weeks and other requests for transportation support are infrequent, it is not financially prudent or practical to purchase a brand-new vehicle to support these programs. Costs for a new motorcoach-type bus would exceed $600,000.
There are, however, reasonably priced used buses on the market and staff are confident that a well-maintained defect-free bus that meets the City’s needs can be secured for less than $150,000. Staff would seek a vehicle with seating for at least 44 passengers, that is less than 10 years old, meets all applicable California Air Resources Board emission requirements, and is under 250,000 miles. A well- maintained motorcoach has a useful life exceeding 500,000 miles. A used motorcoach meeting the City’s criteria should be capable of supporting the program for eight to ten years before a replacement would be needed. By purchasing used, should the City decide to discontinue the Summer Beach bus program at a later date, the vehicle can be sold at a minimal loss to the City as it will have already been substantially depreciated.
Item No.10I
Purchase Used Bus to Support Summer Beach Bus Program
March 14, 2023
5 4
6 The bus would also give the City an important back-up vehicle to use in emergencies. The purchase of the bus would not present any challenge to Fleet staff to maintain as the powertrain and systems will be similar to existing transit buses and other heavy vehicles operated by the City.
By having a vehicle capable of providing the service in support of the Summer Beach Bus (and other special programs and projects), staff can then use MV drivers to provide service at our regular contracted rate, a substantially reduced cost over outside contractor rates, and with the reassurance the program can be operated effectively. Staff estimates directly operating the Summer Beach Bus will save a minimum of $30,000 annually through savings in the additional insurance costs required of past contractors ($27,000 annually) and associated overhead.
Since our existing contractor will be directly operating the service there are no increased overhead and insurance costs and fuel will be at the City’s lower cost basis. The overall daily cost to provide the service is expected to be at least half of what prior contractors have charged on a daily basis. Additionally, with a vehicle in hand and MV drivers and staff available to operate it, the program can be advertised months instead of weeks in advance, boosting community awareness and ridership.
The Summer Beach Bus program cannot justify the cost of a new bus or provide the necessary lead time that may be required to secure a new vehicle. Therefore, the purchase of a used vehicle is the most time and cost-effective solution.
Purchasing a used bus is not practical using the Request for Bid process as the inventory is highly variable from dealership to dealership and due to high demand for used buses, desirable inventory sells quickly. The dealers are unwilling to “hold” inventory to allow the City to go through its usual and customary capital equipment purchasing process. Therefore, for the reasons stated above, including variations in inventory, limited inventory availability, and unwillingness of dealers to hold vehicles, staff is requesting a waiver of the City’s equipment purchasing process of TOMC Sec. 3-10.201 to acquire a used motorcoach-type bus 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 normal equipment purchasing process, staff will contact multiple reputable used bus suppliers throughout the western United States to identify a reasonably priced motorcoach-type bus available for purchase. Once an available and appropriate bus is identified, the City will negotiate a purchase price and issue a purchase order to secure the vehicle.
Item No.10I
Purchase Used Bus to Support Summer Beach Bus Program
March 14, 2023
5 4
6 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.
G. Continue City's commitment to community and cultural programs and services (such as Performing Arts/Theatres, Libraries, TOTV, Visual Arts, Youth and Senior Programs).
PREPARED BY: Mike Houser, Transit Program Manager
DPW:9401-10\mh\\Council\Purchased Used Bus to Support Summer Beach Bus Program.docx Item No.10I
TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:March 14, 2023
SUBJECT: Thousand Oaks Groundwater Utilization Project (CI 5395) RECOMMENDATION:
1. Approve Professional Services Agreement with Kennedy/Jenks Consultants, Inc. of Oxnard, CA in an amount not-to-exceed $164,759 for performing engineering analysis and preparation of the preliminary design for a conveyance system to carry groundwater from Los Robles Golf Course Well and the Hill Canyon Treatment Plant to the planned Las Virgenes Municipal Water District Advanced Water Purification Facility.
2. Authorize expenditure in the amount of $181,259 ($164,759 Kennedy/Jenks agreement, plus extra services of $16,500) from A/C #613-8060-682-8300 (CI 5395, Thousand Oaks Groundwater Utilization Project).
3. Approve Single Source designation for Kennedy/Jenks Consultants, Inc. to enter into an agreement for Professional Services in connection with the Thousand Oaks Groundwater Utilization Project (CI 5395).
4. Find that this action is not a project as defined under the California Environmental Quality Act.
FINANCIAL IMPACT:
No Additional Funding Requested. $12,300,000 is included in the Adopted FY 2022-23 Water Capital Fund Budget. Total estimated project cost is $10,632,000.
BACKGROUND:
Thousand Oaks is nearly 100 percent dependent on treated imported water purchased from Calleguas Municipal Water District (CMWD). Imported water comes primarily from the State Water Project (SWP). The reliability of imported water is threatened due to environmental regulations in the Delta and increased hydrologic variability with more frequent and intense drought conditions. Due to Item No.10J
Thousand Oaks Groundwater Utilization Project CI 5395
March 14, 2023
5 4
8 these issues and rising imported water costs, the City is seeking opportunities to reduce dependence on imported water supplies and improve local water supply reliability.
The goal of the Thousand Oaks Groundwater Utilization Project is to develop a local water source by pumping and treating water from a City-owned well at the Los Robles Greens Golf Course (LRGC). Water from this well was used solely to irrigate the golf course until 2013, at which time pumping was ceased due to decreasing groundwater quality. Several studies were conducted to evaluate the feasibility of the project, including an Extended Pumping Test conducted from August 2020 to March 2021 to further assess the sustainable yield of the well.
According to the Extended Pumping Report prepared by Kennedy/Jenks Consultants, Inc. (KJ) in November 2021, the sustainable yield of the LRGC well is estimated to be 400–700-acre feet per year. As such, investing in construction of a full-scale treatment plant/desalter at LRGC is not economically feasible.
However, the City still wants to use this source of water to reduce its current dependency on imported water, if feasible.
DISCUSSION/ANALYSIS:
The City’s neighboring water district, the Las Virgenes Municipal Water District (LVMWD), needs water augmentation for its planned Pure Water Project (PWP) to facilitate year-round operation. The PWP will process surplus recycled water, which is currently discharged to Malibu Creek from the Tapia Water Reclamation Facility, through an advanced water purification facility (AWPF), and store it at LVMWD Reservoir for later use as drinking water.
The City is contemplating incorporating its groundwater from LRGC into the PWP, which will yield the same goal of water re-use, but with a more economical alternative. Instead of constructing a standalone desalter at LRGC, the City is exploring the option of conveying the water from the LRGC well to the proposed LVMWD’s PWP Facility, which will be located at 30800 Agoura Road, Agoura Hills CA, about 6.5 miles southeast of LRGC (Attachment #1). The City is also evaluating the possibility of diverting a portion of the effluent from the Hill Canyon Treatment Plant (HCTP) to LVMWD’s PWP. Upon delivery of the City’s non- potable water to LVMWD for treatment, the City will then receive the equivalent of the delivered water (minus the brine volume) in potable water through Calleguas’ system via the Calleguas/Las Virgenes Interconnect currently under construction on Lindero Canyon Road.
Item No.10J
Thousand Oaks Groundwater Utilization Project CI 5395
March 14, 2023
5 4
8 To determine the operational and financial feasibility to convey groundwater from the LRGC well and recycled water from HCTP to LVMWD’s PWP Facility, engineering and preliminary design of a system of booster stations and transmission pipelines and a cost/benefit analyses are needed.
A detailed scope of work and consulting fees have been negotiated and finalized with KJ for providing the professional services for the project. KJ is uniquely qualified to provide the required services for the project. Over the past few years, KJ has been the primary consultant providing engineering services in connection with the Groundwater Utilization Project (CI 5395) and will therefore be able to seamlessly provide the engineering services relating to the groundwater conveyance system. KJ prepared the previous preliminary design reports and engineering analysis related to the feasibility of groundwater utilization at the LRGC, including the extended pumping tests, brine disposal alternatives, conveyance pipeline alignment, and capacity determination. Staff recommends approving the Single Source designation and Professional Services Agreement with KJ in the amount of $164,759 (Attachment #2).
To fully implement the City’s option of conveying the groundwater to the proposed LVMWD’s PWP Facility, the estimated costs are summarized as follows:
Preliminary evaluation and design (this action) $ 164,759 Extra Services (this action) $ 16,500
Design Phase (future action) $ 950,000
Construction phase (future action) $ 9,500,000
$10,631,259
The tentative project schedule is as follows:
Completion of preliminary work December 2023
Start of Design Phase (pending LVMWD’s progress) Summer 2024 Start of Construction Phase Fall 2025
Community Outreach: The City has been utilizing its website to inform and educate the public about the beneficial uses of groundwater with local supplies to offset imported water.
This action is not a project as defined under the California Environmental Quality Act because this action will not result in a direct or foreseeable indirect physical change in the environment [14 CCR 15060(c)].
Item No.10J
Thousand Oaks Groundwater Utilization Project CI 5395
March 14, 2023
5 4
8 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 One – Addresses Health and Safety, legal and regulatory requirements.
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: Ayda Forouzan, Sr. Engineer
Attachments:
Attachment #1 – Vicinity and Location Maps
Attachment #2 – Professional Services Agreement with KJ DPW: 850-20\nh\etm\Council\2023\03142023\CI 5395\Groundwater Utilization Project staff report.docx Item No.10J
Agenda Related Items - Meeting of March 14, 2023
Supplemental Packet Date: March 14, 2023
THOUSAND OAKS CITY COUNCIL
Supplemental
Information
Packet
Americans with Disabilities Act (ADA):
In compliance with the ADA, if you need special assistance to participate in this meeting or other services in conjunction with this meeting, please contact the City Clerk Department at (805) 449-2151. Assisted listening devices are available at this meeting. Ask City Clerk st aff if you desire to use this device. Upon request, the agenda and documents in this agenda packet, can be made ava ilable in appropriate alternative formats to persons with a disability. Notification at least 48 hour s prior to the meeting or time when services are needed will assist City staff in assuring reasonable arrangement s can be made to provide accessibility to the meeting or service.
2:30 p.m.
Supplemental Information:
Any agenda related public documents received and distribut ed to a majority of the City Council after the Agenda Packet is printed are 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. The Supplement al Packet is available for public inspection on the City’s website at toaks.org/agendas or by contacting the City Clerk Dept at (805) 449-2151 during normal busi- ness hours [main location pursuant to the Brown Act, G.C. 54957.5(2)].
Item No.10J
To: Andrew P. Powers, City Manager
From: Laura B. Maguire, City Clerk
Date: March 14, 2023
Subject: Item No. 11.A – City Council, Boards, Committees, and Commissions Meeting Procedures Revisions
The attached resolution was modified from the original submission to include background information on the request to rescind Resolution No. 2001-129 and an update to the Standards of Operation Section 1, Part E regarding letters to individual councilmembers.
As mentioned in the Staff Report, staf f recommends removing reference to and rescinding Resolution No. 2001-129 which discusses availability of contracts for review. This is obsolete as contracts are now regularly included in the posted agenda packet pursuant to the requirements of the Brown Act.
In addition, staff recommends memorializi ng the current practice of submitting letters sent to individual councilmembers into the City’s Customer Relationship Management System (CRMS) as appropriate.
CCD:610-10\cr\H:\COMMON\Council\StdsofOp\2023\031423 Mtg procedur es Staff Report Supplemental Memo.docx
1 Item No.10J
CCD:610-10\cr\h:\common\Council\StdsofOp\2023\031423 Meeting Proc Attach #1.docx