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Minutes

Thousand Oaks City Council
May 9, 2023

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Minutes
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May 9, 2023
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Thousand Oaks City Council
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Text extracted from the city's file for reading and search. Open the original on toaks.primegov.com. That file is the official record.

DocuSign Envelope ID: 0CE31538-D84B-4403-BEFA-B0E04AAF6B0A Thousand Oaks, California

MINUTES OF THE CITY COUNCIL
2 8. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS: (Continued) May 9, 2023
B. American Public Works Association (APWA) Projects of the Year Award and Public Works Week Proclamation
Mayor McNamee introduced APWA Ventura Chapter's President-Elect Justin Link, Public Works Director Finley, and Deputy Public Works Director Heydari to present three APWA project of the year awards. Mayor McNamee also presented proclamation recognizing National Public Works Week to Public Works Director Finley.

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: Robert Ayers, Thousand Oaks; Todd Smith, Newbury Park; Karen Wilburn, Newbury Park (submitted document). Additional information supplemental packet.

Written Statements: None.

10. CONSENT CALENDAR:

A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:

Ratify April 26, 2023, and May 3, 2023; approve May 10, 2023, subject to review and ratification
Motion by Councilmember Newman to approve staff's recommendation. 5-0 by the following vote:

Ayes - Engler. Newman. Taylor. Adam. McNamee
Noes - None
B. Minutes of City Council meeting of April 25, 2023
RECOMMENDATION:

Approve
Motion by Councilmember Newman to approve staff's recommendation. 5-0 by the following vote:

Ayes - Engler. Newman. Taylor. Adam. McNamee
Noes - None
DocuSign Envelope ID: 0CE31538-D84B-4403-BEFA-B0E04AAF6B0A Thousand Oaks, California

MINUTES OF THE CITY COUNCIL
3 10. CONSENT CALENDAR: (Continued)
C. Microsoft Licensing Renewal
RECOMMENDATION:

May 9, 2023

1. Approve "piggy-back" onto County of Riverside's agreement #8084445 for renewal of annual Microsoft licensing maintenance agreement with award to Dell Technologies for the period of June 1, 2023, to May 31, 2026, in a not-to-exceed amount of $770,000 for the term of the agreement.

2. Authorize expenditure in an amount not-to-exceed $770,000 from A/C #001- 3410-612-4300 (General Fund, Computer Software Maintenance) to pay for licenses in FY 2022-23, FY 2023-24, FY 2024-25, and FY 2025-26.

3. Find that this action is not a project as defined under the California Environmental Quality Act.

Motion by Councilmember Newman to approve staff's recommendation. 5-0 by the following vote:

Ayes - Engler, Newman, Taylor, Adam, McNamee
Noes - None
D. Residential Wastewater Service Charges on Property Tax Roll

RESOLUTION APPROVING REPORT OF RESIDENTIAL WASTEWATER
SERVICE CHARGES FOR FISCAL YEAR 2023-24 AND DIRECTING FILING

OF CHARGES FOR COLLECTION BY COUNTY TAX COLLECTOR
RES. NO. 2023-019
RECOMMENDATION:

1. Adopt resolution approving the report of residential wastewater service charges and authorizing the County of Ventura to collect residential wastewater service charges via direct assessment on the Ventura County secured tax roll for FY 2023-24. Two-thirds vote required.

2. Find that this action is not a project as defined under the California Environmental Quality Act.

Motion by Councilmember Newman to approve staff's recommendation. 5-0 by the following vote:

Ayes - Engler, Newman, Taylor, Adam, McNamee
Noes - None
DocuSign Envelope ID: 0CE31538-D84B-4403-BEFA-B0E04AAF6B0A Thousand Oaks, California

MINUTES OF THE CITY COUNCIL
4 10. CONSENT CALENDAR: (Continued)
E. Wireless Telecommunications Consultant Services
RECOMMENDATION:

May 9, 2023

1. Approve the first amendment to Contract No. 13056-2022 for professional wireless telecommunications consulting services with Telecom Law Firm, P.C., effective through June 30, 2023, to add $50,000 with a revised not-to-exceed amount of $135,000 for FY 2022-23 and $305,000 over the lifetime of the agreement.

2. Authorize expenditure in the amount of $50,000 from A/C #001-4210-641- 5947 (Planning, Consultant Services / Billable Time).

3. Find that this action is not a project as defined under the California Environmental Quality Act.

Motion by Councilmember Newman to approve staff's recommendation. 5-0 by the following vote:

Ayes - Engler, Newman, Taylor, Adam, McNamee
Noes - None
F. Additional Budget Appropriation for Utility Costs
RECOMMENDATION:

1. Authorize budget appropriation and expenditure in the amount of $271,500 ($79,500 for natural gas and $192,000 for electricity) from A/C #001-0000-311- 1000 (General Fund - Fund Balance) to various department accounts for natural gas (6130) and electricity (6140) utility costs.

2. Find that this action is not a project as defined under the California Environmental Quality Act.

Motion by Councilmember Newman to approve staff's recommendation. 5-0 by the following vote:

Ayes - Engler, Newman, Taylor, Adam, McNamee
Noes - None
DocuSign Envelope ID: 0CE31538-D84B-4403-BEFA-B0E04AAF6B0A Thousand Oaks, California

MINUTES OF THE CITY COUNCIL
5 10. CONSENT CALENDAR: (Continued)
May 9, 2023
G. Landscape and Lighting Assessment District No. 79-2 FY 2023-24 Initiating Assessments and Annexations

RESOLUTION INITIATING PROCEEDINGS FOR ANNUAL LEVY OF

ASSESSMENTS FOR THOUSAND OAKS LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO. 79-2 (FISCAL YEAR 2023-24)
RES. NO. 2023-020

RESOLUTION DECLARING INTENTION TO LEVY ANNUAL ASSESSMENTS

FOR THOUSAND OAKS LANDSCAPE AND LIGHTING ASSESSMENT
DISTRICT NO. 79-2 (FISCAL YEAR 2023-24)
RES. NO. 2023-021

RESOLUTION APPROVING PRELIMINARY ENGINEER'S REPORT

FOR ANNUAL LEVY OF ASSESSMENTS FOR THOUSAND OAKS
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 79-2 (FISCAL YEAR 2023-24)
RES. NO. 2023-022

RESOLUTION DECLARING INTENTION TO ANNEX TERRITORY TO

THOUSAND OAKS LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 79-2 AND LEVY AND COLLECTION OF ASSESSMENTS RELATED THERETO COMMENCING WITH FISCAL YEAR 2023-24
RES. NO. 2023-023

RESOLUTION APPROVING PRELIMINARY ANNEXATION ENGINEER'S

REPORT FOR ANNEXATION OF TERRITORY TO THOUSAND OAKS
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 79-2 AND ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2023-24
RES. NO. 2023-024
RECOMMENDATION:

1. Adopt resolutions to initiate assessment proceedings, declare intention to levy annual assessments, approve Preliminary Engineer's Report, and set public hearing date of June 6, 2023, for Landscape and Lighting Assessment District No. 79-2 FY 2023-24 Assessments.

2. Adopt resolutions declaring intention to annex parcels to Lighting Assessment District No. 79-2 and approving Preliminary Annexation Engineer's Report.

3. Approve and Authorize the City Engineer to execute the agreement with Ventura County Auditor-Controller to place Landscape and Lighting Assessment District assessments on the Secured Tax Rolls and distribute Collections to the City for $0.21 per assessment per parcel, plus administration and collection fees.

DocuSign Envelope ID: 0CE31538-D84B-4403-BEFA-B0E04AAF6B0A Thousand Oaks, California

MINUTES OF THE CITY COUNCIL
6 10. CONSENT CALENDAR: (Continued)
May 9, 2023
G. Landscape and Lighting Assessment District No. 79-2 FY 2023-24 Initiating Assessments and Annexations (Continued)
RECOMME NDATION: (Continued)

4. Find that this action is not a project as defined under the California Environmental Quality Act.

Motion by Councilmember Newman to approve staff's recommendation. 5-0 by the following vote:

Ayes - Engler, Newman, Taylor, Adam, McNamee
Noes - None
H. Cancellation of EV Bus Purchase Contract
RECOMMENDATION:

1. Ratify staff's decision to cancel purchase order with Creative Bus Sales (Chino, CA) in the amount of $601,107.83 for the purchase of two electrically powered (EV), light-duty, cutaway transit buses due to vendor's and dealer's inability to deliver the buses per contract terms.

2. Find that this action is not a project as defined under the California Environmental Quality Act.

Motion by Councilmember Newman to approve staff's recommendation. 5-0 by the following vote:

Ayes - Engler, Newman, Taylor, Adam, McNamee
Noes - None
DocuSign Envelope ID: 0CE31538-D84B-4403-BEFA-B0E04AAF6B0A Thousand Oaks, California

MINUTES OF THE CITY COUNCIL
7 10. CONSENT CALENDAR: (Continued)
May 9, 2023
I. Woolsey Fire Landscape Restoration - La Granada Reservoir Site (Ml 2593)

RESOLUTION DESIGNATING AUTHORIZED AGENTS OF THE CITY TO

SEEK STATE AND FEDERAL EMERGENCY AND HAZARD MITIGATION

FUNDING ASSISTANCE
RES. NO. 2023-025
RECOMMENDATION:

1. Approve the project design and specifications, including Addenda Nos. 1, 2, 3, and 4 for construction of the Woolsey Fire Landscape Restoration - La Granada Reservoir Site (Ml 2593).

2. Award construction contract to American Landscape, Inc. (Canoga Park, CA), in the amount of $748,911.10, plus a contingency of $75,000.

3. Authorize expenditure in the amount of $828,911.10 ($748,911.10 construction contract, $75,000 construction contingency, and $5,000 for City furnished materials and supplies) from NC #613-8030-682-8300 (Water Capital Fund - Ml 2593, Woolsey Fire Landscape Restoration).

4. Delegate authority to the City Engineer to approve changes to the design, specifications, and working details of the project on work directives and change orders up to the project approved contingency amount.

5. Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.

6. Adopt resolution designating authorized agents of the City to seek state and federal emergency and hazard mitigation funding assistance.

Motion by Councilmember Newman to approve staff's recommendation. 5-0 by the following vote:

Ayes - Engler, Newman, Taylor, Adam, McNamee
Noes - None
DocuSign Envelope ID: 0CE31538-D84B-4403-BEFA-B0E04AAF6B0A Thousand Oaks, California

MINUTES OF THE CITY COUNCIL
8 10. CONSENT CALENDAR: (Continued)
May 9, 2023
J. Wastewater Interceptor Capital Improvement Project Unit Y2 (Cl 5328) RECOMMENDATION:

1. Approve Fourth Amendment to Professional Services Contract No. 13039- 2022 with Padre Associates, Inc. (Ventura, CA) for additional Construction Phase Environmental Monitoring and Regulatory Permit Five-Year Mitigation Monitoring Services on the Wastewater Interceptor Capital Improvement Project Unit Y2 (Cl 5328) in the amount of $28,521.50, plus extra services of $2,600 for a new not-to-exceed amount of $118,981.50.

2. Find that this action is not a project as defined under the California Environmental Quality Act.

Motion by Councilmember Newman to approve staff's recommendation. 5-0 by the following vote:

Ayes - Engler, Newman, Taylor, Adam, McNamee
Noes - None
K. Authorization to Purchase a Trailer Mounted Jetter
RECOMMENDATION:

1. Approve "piggyback" purchase of one Mongoose Trailer Mounted Jetter from Nixon-Egli Equipment Co. (Ontario, CA) through Sourcewell Cooperative Contract #101221-SCA.

2. Approve budget appropriation and expenditure in the amount of $121,340 from A/C #621-0000-341-9900 (Wastewater Fund - Fund Balance) to A/C #621- 8220-685-8400 (Equipment $5,000 or More) for FY 2022-23 capital equipment purchase.

3. Find that this action is not a project as defined under the California Environmental Quality Act.

Motion by Councilmember Newman to approve staff's recommendation. 5-0 by the following vote:

Ayes - Engler, Newman, Taylor, Adam, McNamee
Noes - None
DocuSign Envelope ID: 0CE31538-D84B-4403-BEFA-B0E04AAF6B0A Thousand Oaks, California

MINUTES OF THE CITY COUNCIL
9 10. CONSENT CALENDAR: (Continued)
L. ORDINANCE FOR SECOND READING:

May 9, 2023

ORDINANCE APPROVING DEVELOPMENT AGREEMENT WITH SJG LONG

INVESTMENT, RELATING TO DEVELOPMENT OF PROPERTY LOCATED AT 88 LONG COURT (APN 669-0-202-260), THOUSAND OAKS, CALIFORNIA (DEVELOPMENT AGREEMENT 2022-70822-DAGR) (Introduced 4/25/2023; 5- 0)
ORD. NO. 1714-NS
RECOMMENDATION:

Adopt
Motion by Councilmember Newman to approve staff's recommendation. 5-0 by the following vote:

Ayes - Engler, Newman, Taylor, Adam, McNamee
Noes - None

11. PUBLIC HEARINGS:

A. Transition to District Elections - Map Criteria Hearing #1 RECOMMENDATION:

1. Receive report from National Demographics Corporation (NOC) on districting process and permissible criteria to be considered should district boundaries be created.

2. Conduct public hearing to receive public input on district boundaries.

3. Find that this action is not a project as defined in the California Environmental Quality Act.

Hearing, advertised as required by law, opened to consider item. Presented by Assistant City Attorney Womack and Doug Johnson, President, National Demographics Corporation. City Clerk Maguire available for questions.

Speakers/Written Statement: None.

Mayor McNamee closed the public hearing.

Motion by Councilmember Engler to approve staff's recommendation. 5-0 by the following vote:

Ayes - Engler, Newman, Taylor, Adam, McNamee
Noes - None
DocuSign Envelope ID: 0CE31538-D84B-4403-BEFA-B0E04AAF6B0A Thousand Oaks, California

MINUTES OF THE CITY COUNCIL
10 11. PUBLIC HEARINGS: (Continued)
B. 2023 Transit Title VI Plan Update
May 9, 2023
RESOLUTION APPROVING 2023 UPDATE TO TITLE VI PLAN FOR

THOUSAND OAKS TRANSIT
RES. NO. 2023-026
RECOMMENDATION:

1. Approve update to Title VI Non-Discrimination Plan for City-operated transit services.

2. Adopt resolution of approval, required as a condition of Federal Transit Administration funding.

3. Find that this action is not a project as defined under the California Environmental Quality Act.

Hearing, advertised as required by law, opened to consider item. Presented by Assistant Transit Planner Nestved. Transit Manager Houser available for questions.

Speaker/Written Statement: None.

Mayor McNamee closed the public hearing.

Motion by Councilmember Newman to approve staff's recommendation. 5-0 by the following vote:

Ayes - Engler, Newman, Taylor, Adam, McNamee
Noes - None
DocuSign Envelope ID: 0CE31538-D84B-4403-BEFA-B0E04AAF6B0A Thousand Oaks, California

12. STUDY SESSIONS:

MINUTES OF THE CITY COUNCIL
11 May 9, 2023
A. Proposed FY 2023-24 and FY 2024-25 Operating Budget Study Session RECOMMENDATION:

1. Receive information on the Proposed FY 2023-24 and FY 2024-25 Operating Budget.

2. Schedule a public hearing for City Council review and adoption of the FY 2023-24 and FY 2024-25 Operating and Capital Improvement Program Budget on June 6, 2023.

3. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).

Presented by Finance Director Boscarino. City Manager Powers and Public Works Director Finley responded to questions. Additional information supplemental packet.

Speaker/Written Statement: None.

Motion by Mayor Pro Tern Adam to approve staff's recommendation. 5-0 by the following vote:

Ayes - Engler, Newman, Taylor, Adam, McNamee
Noes - None

13. DEPARTMENT REPORTS: None.

14. COMMITTEE/COMISSION/BOARD REPORTS: None.

15. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None.

DocuSign Envelope ID: 0CE31538-D84B-4403-BEFA-B0E04AAF6B0A Thousand Oaks, California

MINUTES OF THE CITY COUNCIL
12 16. COUNCIL ISSUES/RECOMMENDATIONS:

A. League of California Cities Leaders Summit - April 12-14, 2023 RECOMMENDATION:

1. Receive report.

May 9, 2023

2. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).

Presented by Mayor McNamee and Councilmembers Engler and Newman.

Speaker/Written Statement: None.

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
B. League of California Cities Channel Counties Division Meeting - April 28, 2023 RECOMMENDATION:
1 . Receive report.

2. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).

Presented by Councilmembers Engler and Taylor.

Speaker/Written Statement: None.

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
DocuSign Envelope ID: 0CE31538-D84B-4403-BEFA-B0E04AAF6B0A Thousand Oaks, California

17. CITY MANAGER:

MINUTES OF THE CITY COUNCIL
13 A. Announcements and upcoming issues
May 9, 2023
City Manager Powers provided an update on the May 16, 2023, City Council meeting.

18. PUBLIC NOTICES: None.

19. ADJOURNMENT: City Council adjourned in memory of Cindy Paterson, City Crossing Guard Supervisor, at 8:28 p.m. to Regular Meeting on May 16, 2023 Attest:
[DocuSigned by:
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Laura B. Maguire, City Clerk
City of Thousand Oaks City Council
AGENDA POSTED: May 4, 2023
MINUTES APPROVED: May 16, 2023
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Kevin McNamee, Mayor
City of Thousand Oaks City Council
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.

CCD:610-40\h:lcommon\miknutes\2023\\050923\draft minutes 05-09-23.docx

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