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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California March 14, 2023
CALL TO ORDER: Regular 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, 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 Services Director Jennifer Patterson, Strategic Communications/ Public Affairs Director Alexandra South, Police Chief Jeremy Paris, Fire Chief Jeff Shea, Deputy Public Works Director Nader Heydari, Budget Officer Brent Sakaida, Senior Financial Analyst Ryan Roman, Senior Planner Krystin Rice, Chief Assistant City Attorney Patrick Hehir, Planning Division Manager Stephen Kearns, Assistant to the City Manager Melissa Hurtado, Acting Deputy City Clerk Sandra Delgado, Information Technology Supervisor Atanas Beltchev, Cable Operations Supervisor Carl Jarecky, Senior Video Specialist Richard Swingler, Senior Video Specialist Ryan Palmer, and Senior Recording Secretary Dominga Zambrano.
3. PUBLIC COMMENTS: Comments on Closed Session items only Speaker/ Written Statement: None.
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.
City Attorney Noonan announced Closed Session held at 5:00 p.m.
5. CLOSED SESSION REPORT: City Attorney Noonan announced there was nothing to report at 6: 00 p. m.
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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 2 March 14, 2023
6. PLEDGE OF ALLEGIANCE: Mayor McNamee led the pledge of allegiance.
7. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
Mayor McNamee announced Item No. 13 — Department Reports A, B, and C — will be moved up and heard following Item No. 11 — Public Hearing.
8. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. Proclamation — Donate Life Month
Mayor McNamee presented proclamation announcing March as DMV/ Donate Life California month to Denise and David Belko.
B. Proclamation — Red Cross Month
Mayor McNamee presented proclamation announcing March as National Red Cross Month to American Red Cross Pacific Coast Region boardmember Sabrina Ashjian.
C. Special Crossing Guard Presentation
Mayor McNamee presented proclamation recognizing March 27 — 31 as the inaugural City of Thousand Oaks Crossing Guard Appreciation Week to Transit Program Manager Houser and the City' s senior crossing guards.
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. 2011- 066/ 067)
Speakers: Betty Stapleford, Thousand Oaks; Ole Per Nagorsen, Newbury Park; Trent Siggard, Newbury Park; Steve Bilson, Newbury Park.
Written Statements: None.
City Manager Powers addressed public comments.
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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 3 March 14, 2023
10. CONSENT CALENDAR:
Additional information supplemental packet pertaining to Item Nos. 10J and 10K.
City Manager Powers responded to questions regarding Item No. 101 and Deputy Public Works Director Heydari responded to questions regarding Item Nos. 10J and 10K.
Speakers: Kat Selm, Thousand Oaks; Betsy Connolly, Thousand Oaks.
Written Statements: None.
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 Motion by Councilmember Enaler to aaarove staff' s recommendation.
Passed 5-0 by the following vote:
Ayes — Engler, Newman, Taylor, Adam, McNamee
Noes— None
B. Minutes of City Council meeting of February 28, 2023 RECOMMENDATION:
Approve
Motion by Councilmember Engler to approve staff' s recommendation.
Passed 5-0 by the following vote:
Ayes — Engler, Newman, Taylor, Adam, McNamee
nl„ oe — nl„ no
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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 4 March 14, 2023
10. CONSENT CALENDAR: ( Continued)
C. Traffic and Transportation Advisory Commission Meeting Date Change
RESOLUTION ESTABLISHING THE TRAFFIC AND TRANSPORTATION
ADVISORY COMMISSION ( RESCINDING RESOLUTION NO. 2017- 001) RES. NO. 2023- 006
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.
Motion by Councilmember Engler to approve staff' s recommendation.
Passed 5-0 by the following vote:
Ayes — Engler, Newman, Taylor, Adam, McNamee
NnAc — Nnna
D. 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.
Motion by Councilmember Engler to approve staff' s recommendation.
Passed 5- 0 by the following vote:
Ayes — Engler, Newman, Taylor, Adam, McNamee
Nnac — Nnna
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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 5 March 14, 2023
10. CONSENT CALENDAR: ( Continued)
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 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.
Motion by Councilmember Engler to approve staff' s recommendation.
Passed 5- 0 by the following vote:
Ayes — Engler, Newman, Taylor, Adam, McNamee
Noes— None
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 # 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.
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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 6 March 14, 2023
10. CONSENT CALENDAR: ( Continued)
F. Fuel Budget Appropriation and Fueling Station Expenditure Increase ( Continued) RECOMMENDATION: ( Continued)
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 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.
Motion by Councilmember Engler to approve staff' s recommendation.
Passed 5- 0 by the following vote:
Ayes — Engler, Newman, Taylor, Adam, McNamee
Noes— None
G. 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.
Motion by Councilmember Enaler to aaarove staff' s recommendation.
Passed 5-0 by the following vote:
Ayes — Engler, Newman, Taylor, Adam, McNamee
Noes— None
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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 7 March 14, 2023
10. CONSENT CALENDAR: ( Continued)
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.
Motion by Councilmember Engler to approve staff' s recommendation.
Passed 5- 0 by the following vote:
Ayes — Engler, Newman, Taylor, Adam, McNamee
Noes— None
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.
Motion by Councilmember Engler to approve staff' s recommendation.
Passed 5- 0 by the following vote:
Ayes — Engler, Newman, Taylor, Adam, McNamee
Noes— None
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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 8 March 14, 2023
10. CONSENT CALENDAR: ( Continued)
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 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.
Motion by Mayor Pro Tern Adam to approve staff' s recommendation.
Passed 5- 0 by the following vote:
Ayes — Engler, Newman, Taylor, Adam, McNamee
Noes— None
K. Revised Water Shortage Declaration
RESOLUTION RESCINDING RESOLUTION NO. 2022- 023 AND DECLARING A LEVEL 3 WATER SUPPLY SHORTAGE PURSUANT TO MUNICIPAL CODE SECTION 10- 2. 1106 AND ENACTING ADDITIONAL WATER CONSERVATION MEASURES PURSUANT TO MUNICIPAL CODE SECTION 10- 2. 1112 RES. NO. 2023- 007
RECOMMENDATION:
1. Rescind in its entirety Resolution No. 2022- 023 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 10- 2. 1106.
3. Issue notice of termination for Agreement No. 13051- 2022 with Cobalt Security Services, Inc., effective April 1, 2023.
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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 9
10. CONSENT CALENDAR: ( Continued)
K. Revised Water Shortage Declaration ( Continued)
RECOMMENDATION: ( Continued)
March 14, 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 # 611- 8025- 437- 99- 00 ( WTMWGT, Revenue From Districts).
5. Find that this action is not a project as defined under the California Environmental Quality Act.
Motion by Mavor Pro Tern Adam to aaarove staff' s recommendation.
Passed 5- 0 by the following vote:
Ayes — Engler, Newman, Taylor, Adam, McNamee
Noes— None
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. 2001- 129 AND 2011- 066
RES. NO. 2023- 008
RESOLUTION REVISING GUIDELINES FOR PUBLIC INPUT AT CITY COUNCIL MEETINGS AND RESCINDING RESOLUTION NO. 2011- 067
ORDINANCE AMENDING SECTIONS 1- 8. 106, 1- 8. 108, 1- 8. 110, 1- 8. 113, 1-
8. 114, 1- 8. 115, 1- 8. 117, 1- 8. 124, 1- 8. 125, 1- 8. 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. 2001- 129 and 2011- 066.
2. Adopt resolution revising Guidelines for Public Input at City Council meetings and rescinding Resolution No. 2011- 067.
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.
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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 10 March 14, 2023
11. PUBLIC HEARINGS: ( Continued)
A. City Council, Boards, Committees, and Commissions Meeting Procedures Revisions ( Continued)
Hearing, advertised as required by law, opened to consider item. Presented by City Clerk Maguire. City Attorney Noonan and City Manager Powers answered questions. Acting Deputy City Clerk Delgado available for questions. Additional information supplemental packet.
Speakers: Rossanna Guerra, Thousand Oaks; Nelson Buss, Thousand Oaks; Kyle Rohrbach, Thousand Oaks.
Written Statements: None.
Mayor McNamee closed the public hearing.
Motion by Mayor Pro Tern Adam to approve the Standards of Operation Resolution as revised in the Supplemental Packet with the following change: keep concurrence of City Council required to move public comment period to later in the meeting; to not make any changes to the Guidelines of Public Input Resolution; and to read in title only, waive further reading, and introduce the City Council Meeting Procedures Ordinance amending various sections of Title 1 Chapter 8 of the Thousand Oaks Municipal Code with the following change:
remove the addition of limiting the number of questions asked at a time by Councilmembers.
Passed 5-0 by the following vote:
Ayes — Engler, Newman, Taylor, Adam, McNamee
NnAc — Nnna
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.
Presented by Senior Planner Rice. City Manager Powers and Community Development Director Parker responded to questions.
Speakers: Betsy Connolly, Unincorporated Thousand Oaks.
Written Statements: 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
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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 11 March 14, 2023
13. DEPARTMENT REPORTS: ( Continued)
City Council recess at 8: 15 p.m.; reconvened at 8:24 p.m.
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.
Presented by Chief Assistant City Attorney Hehir and Planning Division Manager Kearns. City Attorney Noonan responded to questions. Additional information supplemental packet.
Speakers: Nelson Buss, Thousand Oaks.
Written Statements: None.
Motion by Councilmember Newman to direct staff to bring a comprehensive sign regulation update after the completion of the General Plan update and in conjunction with the City' s Development Standards update.
Passed 5- 0 by the following vote:
Ayes — Engler, Newman, Taylor, Adam, McNamee
Noes— None
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.
Presented by City Clerk Maguire. City Attorney Noonan responded to questions.
Acting Deputy City Clerk Delgado available for questions.
Speakers: Nelson Buss, Thousand Oaks.
Written Statements: None.
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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 12 March 14, 2023
13. DEPARTMENT REPORTS: ( Continued)
C. Campaign Contribution Update ( Continued)
Motion by Mayor Pro Tem Adam to direct staff to amend the current Campaign Contribution Limits Ordinance to increase the campaign contribution base limit to 750 and keep the biennial adjustment in odd - numbered years based on the California Consumer Price Index and that the base limit be re- evaluated in five years.
Passed 4- 1 by the following vote:
Ayes — Engler, Newman, Taylor, Adam
Noes — McNamee
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).
2023 Citywide User Fees, Fines, Penalties, Rates, and Assessments, and Development Impact Fees Study Session presented by Finance Director Boscarino. Budget Officer Sakaida and Senior Financial Analyst Roman available for questions. Additional information supplemental packet.
Speakers: Betsy Connolly, Unincorporated Thousand Oaks.
Written Statements: None.
Motion by Councilmember Engler to approve staff' s recommendation.
Passed 4- 1 by the following vote:
Ayes — Engler, Taylor, Adam, McNamee
Noes — Newman
14. COMMITTEE/ COMMISSION/ BOARD REPORTS: None.
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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 13 March 14, 2023
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
City Manager Powers provided an update on the April 4, 2023, City Council meeting.
18. PUBLIC NOTICES: None.
19. ADJOURNMENT: City Council adjourned at 10:18 p.m. to Regular Meeting on April 4, 2023.
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