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.
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
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
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
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
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.
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).
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
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.
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.