DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California July 18, 2023
1. CALL TO ORDER: Mayor Pro Tem Adam 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, and Adam present in chambers. Mayor McNamee arrived at 5:07 p.m.
Also present: City Manager Andrew P. Powers, City Attorney Tracy M. Noonan, Assistant City Manager Ingrid Hardy, Deputy City Manager Akbar Alik han, 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 Alexandra South, Police Chief Jeremy Paris, Fire Chief Jeff Shea, Chief Assistant City Attorney Patrick J. Hehir, Assistant to the City Manager Melissa Hurtado, Deputy City Clerk Sandra De lgado, Information Technology Supervisor Atanas Beltchev, Legislative Affairs Manager Mina Layba, Cable Operations Supervisor Carl Jarecky, Senior Video Production Specialist Richard Swingler, Senior Video Production Specialist Ryan Palmer, and Senior Recording Secretary Lori Goor.
3. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL – An ticipated Litigation: Significant Exposure to Litigation; Pursuant to Go vernment Code Section 54956.9(d)(2); (Notice of Threatened Litigation CVRA).
CONFERENCE WITH LEGAL COUNSEL – An ticipated Litigation: Significant Exposure to Litigation; Pursuant to Go vernment Code Section 54956.9(d)(2); (Notice of Threatened Litigation CVRA).
City Attorney Noonan announced Closed Session held at 5:01 p.m.
4. CLOSED SESSION REPORT: City Attorney Noonan announced there was nothing to report at 6:00 p.m.
5. PLEDGE OF ALLEGIANCE: Mayor McNamee led the pledge of allegiance.
6. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
None.
7. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS: None.
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 2 July 18, 2023
8. 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: Meena Venkatraman, Thousand Oaks.
Written Statements: None.
City Manager Powers addressed public comments.
9. CONSENT CALENDAR:
Additional information supplemental packet pertaining to Item Nos. 9P, 9Q, and 9R.
Speakers: Pedro Toscano, Fillmore; Ross anna Guerra, Thousand Oaks; Bonnie Shubb, Newbury Park; Sally Hibbitts, Westlake Vill age; Diane Birchman, Thousand Oaks; Chaise Rasheed, Thousand Oaks (submitted document); Patrissha, Thousand Oaks.
Written Statements: None.
A. General, Utilities, Golf Course, and Theatres Demands
RECOMMENDATION:
Ratify July 12, 2023; approve July 19, 2023, July 26, 2023, August 2, 2023, August 9, 2023, August 16, 2023, August 23, 2023, August 30, 2023, and September 6, 2023, sub
ject 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 July 11, 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
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 3 July 18, 2023
9. CONSENT CALENDAR: (Continued)
C. Electronic Claim Filing
RESOLUTION AUTHORIZING ELECTRONIC CLAIMS FILING
RES. NO. 2023-045
RECOMMENDATION:
1. Adopt resolution regarding the elec tronic filing of claims pursuant to Government Code § 915(a)(3).
2. Find that this action is not a pr oject as defined under the California Environmental Quality Act (CEQA).
Motion by Councilmember Newman to approve staff’s recommendation.
5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
D. Ventura County Stormwater National Pollutant Discharge Elimination System Permit Implementation and Cost-Sharing Agreement
RECOMMENDATION:
1. Approve City’s continued participation in the collective countywide cost-sharing program for stormwater National Poll utant Discharge Elimination System (NPDES) permit implementation.
2. Authorize City Manager to execute the 2023 NPDES Implementation and Cost- Sharing Agreement to develop, implem ent, and fund the Ventura Countywide Stormwater Quality Managem ent Program to comply with Order No. R4-2021- 0105 adopted on July 23, 2021.
3. Find that this action is not a pr oject as defined under the California Environmental Qualit
y Act (CEQA).
Motion by Councilmember Newman to approve staff’s recommendation.
5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 4 July 18, 2023
9. CONSENT CALENDAR: (Continued)
E. Rectangular Rapid Flashing Beacons at Pedestrian Crosswalks (CI 5588)
RECOMMENDATION:
1. Authorize staff to advertise the Re ctangular Rapid Flas hing Beacons at Pedestrian Crosswalks (CI 5588) for construction bids.
2. Authorize acceptance of the Federal Highway Safe ty Improvement Program Cycle 10 Grant in the amount of $179,000 from the Federal Highway Administration for the construction of Rectangular Rapid Flashing Beacons.
3. Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.
Motion by Councilmember Newman to approve staff’s recommendation.
5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
F. 2024 Pavement Management Program Update (MI 2608)
RECOMMENDATION:
1. Award Professional Services Agr eement with Nichols Consulting Engineers (Fountain Valley, CA) in the not-to-exceed amount of $217,500 for the 2024 Pavement Management Program (MI 2608), plus extra services of $21,750, with a term ending June 30, 2024.
2. Approve expenditure in the amount of $244,250 ($217,500 agreement, plus $21,750 extra services, and $5,000 for City furnished materials and supplies) from A/C #133-5610-631-5500 (MI 2608 - 2024 Pa vement Management Program Update).
3. Find that this action is not a pr oject 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
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 5 July 18, 2023
9. CONSENT CALENDAR: (Continued)
G. Hill Canyon Treatment Plant Facility Exterior Painting Project Phase II (MI 2619)
RECOMMENDATION:
1. Authorize staff to advertise construction bids for the Hill Canyon Treatment Plant (HCTP) Facility Exterior Painting Project Phase II (MI 2619).
2. Find that the Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.
Motion by Councilmember Newman to approve staff’s recommendation.
5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
H. 2023 League of California Cities Annual Conference Business Meeting
RECOMMENDATION:
1. Designate Councilmember Bob Engl er as Voting Delegate and designate Legislative Affairs Manager Mina Layba as Alternate Voting Delegate to represent the City at the 2023 League of California Cities (Cal Cities) Annual Conference Business Meeting, scheduled for September 22, 2023.
2. City Clerk to affirm and sign the 2023 Annual Conference Voting Delegate Alternate Form for City Manager’s Office staff to submit to Cal Cities by the August 28, 2023 deadline.
3. Find that this action is not a pr oject as defined under the California Environmental Quality Act (CEQA).
Motion by Councilmember Newman to approve staff’s recommendation.
5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 6 July 18, 2023
9. CONSENT CALENDAR: (Continued)
I. Thousand Oaks Boulevard Wastewater Pipe and Maintenance Hole Lining Project (CI 5686)
RECOMMENDATION:
1. Authorize staff to advertise the Thousand Oaks Boulevard Wastewater Pipe and Maintenance Hole Lining Project (CI 5686) 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 Newman to approve staff’s recommendation.
5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
J. Zero Emission Bus Rollout and Implementation Plan
RESOLUTION ADOPTING THOUSAND OAKS TRANSIT ZERO EMISSION BUS
ROLLOUT AND IMPLEMENTATION PLAN
RES. NO. 2023-046
RECOMMENDATION:
1. Adopt resolution approving the T housand Oaks Transit Zero Emission Bus Rollout and Implementation Plan as is required by State regulations 13 CCR § 2023 and § 2023.1 – 2023.11.
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
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 7 July 18, 2023
9. CONSENT CALENDAR: (Continued)
K. South Branch Arroyo Conejo Floodplain Improvements Study (MI 2527)
RECOMMENDATION:
1. Approve a Memorandum of Agreem ent between the City of Thousand Oaks and the Ventura County Public Works Wate rshed Protection District to manage the completion of a Hydrology Deficien cy Study of the S outh Branch Arroyo Conejo.
2. Contingent upon approval of Memorandum of Agreem ent by Ventura County, approve a Professional Services Agreem ent with Kasraie Consulting (Ventura, CA), in an amount not-to-e xceed $262,402 for the preparation of a drainage and hydrology study for the South Branch Arro yo Conejo Project, plus extra services of $26,240, with a term ending June 30, 2026.
3. Authorize expenditure in the am ount of $288,642 ($262, 402 agreement plus extra services of $26,240) from A/C #001-5210-642-5500 (MI 2527, South Branch Arroyo Conejo Study).
4. Find that this action is not a pr oject 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
L. City Manager Authority During Summer Recess
RESOLUTION DELEGATING CERTAI N INTERIM AUTHORITY TO CITY
MANAGER
RES. NO. 2023-047
RECOMMENDATION:
1. Adopt resolution granting City Manager authority for designated actions during summer recess, July 19, 2023, through September 11, 2023.
2. Find that this action is not a project as defined in 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
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 8 July 18, 2023
9. CONSENT CALENDAR: (Continued)
M. Arroyo Conejo Open Space Acquisition (865 W. Hillcrest Drive)
RECOMMENDATION:
1. Approve Purchase and Sale Agreement with Escrow Instructions for Assessor Parcel Number 663-0-093-225 between t he City of Thousand Oaks and Zada Susan W TR et al, and authorize City Manager, or designee, to execute the Purchase and Sale Agreement and all othe r documents necessary to effectuate the purchase of APN 663-0-093-225 (Owner: ZADA SUSAN W TR ET AL) by the City of Thousand Oaks, including the authori ty to accept the deed, subject to resolution of any liens and encumbrances affecting said parcel.
2. Approve budget appropriation and expendi ture of funds in the amount of $620,000 ($610,000, plus clos ing costs not-to-exceed $10,000) for APN 663-0- 093-225 from A/C #512-0000- 311-10-00 (Community Recreation and Open Space Endowment Fund – Fund Balance) to A/C #512-4410-679-81-00 (CI 1227, Capital – Land).
3. Find this real property acquisition is consistent with the General Plan as to location and purpose.
4. Find that this action is categorically exempt from Calif ornia Environmental Quality Act pursuant to CEQA Guidelines, 14 CCR Sections 15313 and 15325).
Motion by Councilmember Newman to approve staff’s recommendation.
5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
N. Surety Bond Claim for Hanover Insu rance Company against Thousand Oaks Fitness LLC DBA Athletic Society
RECOMMENDATION:
1. Approve settlement of surety bond claim with Hanover Insurance Company relating to Thousand Oaks Fitness LLC DBA Athletic Society in the amount of $43,645.17 and execute the Full & Final Re lease and Assignment related to the claim.
2. Find that this action is not a pr oject as defined under the California Environmental Quality Act (CEQA).
Motion by Councilmember Newman to approve staff’s recommendation.
5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 9 July 18, 2023
9. CONSENT CALENDAR: (Continued)
O. Security Patrol and Guard Services at Royal Oaks Site
RECOMMENDATION:
1. Award service contract for security guard and patrol services at the city-owned Royal Oaks site to Taurus Protection, Inc. (Taurus), of Thousand Oaks, CA, effective August 1, 2023 and ending July 31, 2026 with two annual options to extend, with a not-to-exceed amount of $378,000 over the lifetime of the contract.
Contract not-to-exceed total includes $343,827 for regular services and $34,173 for additional/as-requested services.
2. Authorize expenditure in the tota l amount of $132,000 from A/C #001-3583- 671-5660 (General Fund, Contracted Services – Security), for FY 2023-24 and FY 2024-25.
3. Find that this action is not a project as defined under the California Environmental Qualit
y Act.
Motion by Councilmember Newman to approve staff’s recommendation.
5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
P. ORDINANCE FOR SECOND READING:
ORDINANCE AMENDING TI TLE 1, “GENERAL PROVISIONS,” BY ADDING CHAPTER 16, “DISTRICT-BASED ELECTIONS,” OF THOUSAND OAKS
MUNICIPAL CODE TO ESTABLISH DI STRICT-BASED ELECTORAL SYSTEM,
ADOPT MAP DESCRIBI NG BOUNDARIES OF EACH DISTRICT, AND
IDENTIFY DISTRICTS TO HOLD DISTRICT-BASED ELECTION IN 2024 AND 2026 TO IMPLEMENT DIST RICT-BASED ELECTIONS (ELECTIONS CODE § 10010) (Introduced 7/11/2023; 4-1, Newman dissenting)
ORD. NO. 1715-NS
RECOMMENDATION:
Adopt
Motion by Councilmember Newman to approve staff’s recommendation.
4-1 by the following vote:
Ayes – Engler, Taylor, Adam, McNamee
Noes – Newman
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 10 July 18, 2023
9. CONSENT CALENDAR: (Continued)
Q. ORDINANCE FOR SECOND READING:
ORDINANCE ADOPTING SPECIFIC PLAN NO. 24 (2150 WEST HILLCREST DRIVE), AND ITS ASSOCIATED ZONE CHANGE; AND AUTHORIZING LAND
USES AND DEVELOPMENT STANDA RDS IN SAID SPECIFIC PLAN
(APPLICANT: LATIGO HILLCREST LLC) (Introduced 7/11/2023; 5-0) ORD. NO. 1716-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
R. ORDINANCE FOR SECOND READING:
ORDINANCE APPROVING DEVELOPME NT AGREEMENT WITH LATIGO
HILLCREST, LLC, RELATING TO DEVELOPMENT OF PROPERTY LOCATED AT 2150 WEST HILLCREST DRIVE (APN #667-0-113-075), THOUSAND OAKS, CALIFORNIA (DEVELOPMENT AGREEM ENT 2022-70777-DAGR) (Introduced 7/11/2023; 5-0)
ORD. NO. 1717-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
10. PUBLIC HEARINGS: None.
11. STUDY SESSIONS: None.
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 11 July 18, 2023
12. DEPARTMENT REPORTS:
A. City of Thousand Oaks FY 2023-24 and FY 2024-25 Legislative Platform
RECOMMENDATION:
1. Receive report and approve FY 2023-24 and FY 2024-25 Legislative Platform.
2. Find that this action is not a pr oject as defined under the California Environmental Quality Act (CEQA).
Presented by Legislative Affairs M anager Layba. City Manager Powers and Assistant City Manager Hardy responded to 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
13. COMMITTEE/COMMISSION/BOARD REPORTS: None.
14. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None.
15. COUNCIL ISSUES/RECOMMENDATIONS:
A. City Attorney Compensation and Employment Agreement Amendment
RESOLUTION APPROVING COMPENSATION AND TENTH AMENDMENT TO
EMPLOYMENT AGREEMENT FOR CITY ATTORNEY
RES. NO. 2023-048
RECOMMENDATION:
1. Adopt resolution approving compensation and tenth amendment to employment agreement for City Attorney (Contract No. 9799-2012).
2. Find that this is not a project as defined by the California Environmental Quality Act.
Presented by Human Resources Director Giles.
Speaker/Written Statement: None
Passed 5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
Motion by Mayor Pro Tem Adam to approve staff’s recommendation.
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 12 July 18, 2023
15. COUNCIL ISSUES/RECOMMENDATIONS: (Continued)
B. City Manager Compensation and Employment Agreement Amendment
RESOLUTION APPROVING COMPENSA TION AND SEVENTH AMENDMENT
TO EMPLOYMENT AGREEMENT FOR CITY MANAGER
RES. NO. 2023-049
RECOMMENDATION:
1. Adopt resolution approving com pensation and seventh amendment to employment agreement for City Manager (Contract No. 11382-2017).
2. Find that this is not a project as defined by the California Environmental Quality Act.
Presented by Human Resources Director Giles.
Speaker/Written Statement: None.
Passed 5-0 by the following vote:
Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
16. CITY MANAGER:
A. Announcements and upcoming issues
City Manager Powers provided an update on the September 12, 2023, City Council meeting.
17. PUBLIC NOTICES: None.
18. ADJOURNMENT: City Council adjourned at 6:48 p.m. to Regular Meeting on September 12, 2023.
____________________________
Kevin McNamee, Mayor
City of Thousand Oaks City Council
Attest:
___________________________________
Laura B. Maguire, City Clerk
City of Thousand Oaks City Council
AGENDA POSTED: July 14, 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.
CCD:610-40\h:\common\agenda\2023\07-18-23.docx
Motion by Mayor Pro Tem Adam to approve staff’s recommendation.