Meeting
City Council
REGULAR MEETING
Tuesday, September 26, 2023
Andrew P. Fox City Council Chambers
2100 E. Thousand Oaks Blvd., Thousand Oaks, CA 91362
Closed Session: 5:00 PM (as needed, see below)
Regular Session: 6:00 PM
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) 449-2151 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
Akbar Alikhan, Deputy City Manager
Kelvin Parker, Community Development Director
Jaime Boscarino, Finance Dir./City Treasurer
Laura B. Maguire, City Clerk
Clifford G. Finley, Public Works Director
Jonathan Serret, Cultural Affairs Director
Tim Giles, Human Resources Director
Jim Friedl, General Manager, CRPD
Jennifer Patterson, Library Services Director
Jeff Shea, Fire Chief
Alexandra South, Strategic Communications/Public Affairs Dir.
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 broadcast live and re-broadcast Thursdays at 6:00 p.m. and Sundays at 10:00 a.m. and 6:00 p.m. on TV (Frontier Channel 3, Spectrum Channel 10). Meeting videos are also available on YouTube (CTO Meetings) immediately following the live broadcast.
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. 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) 449-2151.
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) 449-2151 or by email at [email protected]
. N
otification 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) 449-2151 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 90-day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 1-4.05.
1. CALL TO ORDER: Closed Session - 5:00 p.m.
2. ROLL CALL:
3. CLOSED SESSION:
A.
CONFERENCE WITH LEGAL COUNSEL – Pending Litigation:
Martin Flores and Graciela Franco Reyes vs. Thomas Halub and City of Thousand Oaks, Ventura County Superior Court Case Number: 202100551360CUPA; Pursuant to Government Code Section 54956.9(a).
4. CLOSED SESSION REPORT:
5. PLEDGE OF ALLEGIANCE:
6. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
7. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A.
Los Robles Hospital White Coat Ceremony
B.
Ventura County Human Services Agency – Homeless Prevention
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)
9. CONSENT CALENDAR:
A.
General, Utilities, Golf Course, and Theatres Demands
RECOMMENDATION:
Ratify September 13, 2023, and September 20, 2023; approve September 27, 2023, and October 4, 2023, subject to review and ratification B.
Minutes of City Council meeting of September 12, 2023
RECOMMENDATION:
Approve
Draft Minutes 09122023
C.
Security Guard and Patrol Services at Various City Facilities RECOMMENDATION:
1. Approve First Amendment to Agreement for security services with Taurus Protection, Inc. (Taurus) of Thousand Oaks, CA (Contract No. 13365-2023) to add security guard and patrol services at various City facilities, with an increase in the not-to-exceed amount of $727,911 over the lifetime of the contract, which includes $395,601 for regular services and $332,310 for extra services and optional term extensions. The new total not-to-exceed amount for the contract shall be $1,105,911.
2. Authorize expenditure in the total amount of $129,573 for FY 2023-24 ($104,573 for regular contracted services and $25,000 for potential extra services) and $156,774 for FY 2024-25 ($131,774 for regular contracted services and $25,000 for potential extra services) from various General Fund and Transportation Fund accounts as outlined in the staff report.
3. Approve budget appropriations in the amounts of $11,500 in FY 2023-24 and $17,800 in FY 2024-25 from A/C #001-0000-311-1000 (General Fund – Fund Balance) as outlined in the staff report.
4. Find that this action is not a project as defined under the California Environmental Quality Act.
Security Guard Contract Award Staff Report
Attachment 1 Account Breakdown
Attachment 2 Agreement with Taurus Protection Inc
D.
Hill Canyon Treatment Plant Facility Exterior Painting and Coating Project - Phase II (MI 2619) RECOMMENDATION:
1. Reject all bids received on August 24, 2023.
2. Authorize staff to re-advertise the project for new construction bids following a value engineering evaluation.
3. Find that the project is Categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.
Staff Report
Attachment 1 Vicinity and Location Maps
E.
Ventu Pump Station Electrical Improvement and Upgrades (CI 5739) RECOMMENDATION:
1. Approve First Amendment to Professional Services Agreement No. 13279-2023 with AECOM Technical Services, Inc. (AECOM) of Westlake Village, CA, to provide additional professional engineering services for Ventu Pump Station Electrical Improvement and Upgrades (CI 5739) in the amount of $59,898, for a revised not-to-exceed contract amount of $458,953.
2. Authorize expense in the amount of $59,898 from A/C #613-8030-682-8300, (CI 5739, Ventu Pump Station Electrical Improvement and Upgrades).
3. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).
Staff Report
Attachment 1 First Amendment to AECOM Agreement
F.
First Amendment to Agricultural Land Lease Agreement
RECOMMENDATION:
1. Approve First Amendment to Agricultural Land Lease Agreement of City-owned property, Assessor Parcel Numbers 520-0-180-245 and 520-0-180-155, with Underwood and Sons, LLC (Moorpark, CA), to extend term for three years beginning 12:01 a.m. on January 1, 2024, and ending at midnight on December 31, 2026.
2. Find that this lease is not a project as defined under the California Environmental Quality Act (CEQA).
Staff Report
Attachment 1 Underwood and Sons Agreement
Attachment 2 First Amendment to Underwood and Sons Agreement G.
Replacement of Data Storage Equipment
RECOMMENDATION:
1. Approve “piggyback” agreement using the National Association of State Procurement Officials (NASPO) ValuePoint Master Agreement No. MNNVP-134 negotiated between Hewlett Packard Enterprise (HPE) and the State of Minnesota, to purchase one HPE Alletra 5030 storage area network SAN including five years of maintenance and support beginning at the date of purchase, in an amount not to exceed $130,000. The purchase made through Evocative, Inc. using this NASPO master agreement is valid through October 31, 2023.
2. Authorize expenditure of a not-to-exceed amount $130,000 from A/C #001-3410-612-8400 (Equipment $5,000 or More).
3. Find that this action is not a project as defined under the California Environmental Quality Act.
Staff Report
Attachment 1 Replacement of Data Storage Equipment
10. PUBLIC HEARINGS: None
11. STUDY SESSIONS: None
12. DEPARTMENT REPORTS:
A.
Thousand Oaks Alliance for the Arts Operations and Programming Update RECOMMENDATION:
1. Receive and file Thousand Oaks Alliance for the Arts’ operations and programming update for the previous fiscal year ending June 30, 2023.
2. Find that this action is not a project, as defined by CEQA.
Staff Report
Attachment 1 TOArts Update
B.
Initiation of Municipal Code Amendments to Update Various Sections of Planning and Zoning Code (MCA 2023-70003 and MCAs 2023-70005 through -70008)
RESOLUTION
DECLARING INTENTION TO CONSIDER AMENDMENTS TO THE THOUSAND OAKS MUNICIPAL CODE TO UPDATE CERTAIN REGULATIONS REGARDING SCHOOL USES IN RESIDENTIAL ZONES (MCA 2023-70003); ACCESSORY DWELLING UNITS, SB-9 THE CALIFORNIA HOME ACT, CLEAN-UP (MCA 2023-70005); MASSAGE ESTABLISHMENTS (MCA 2023-70006); RESIDENTIAL LARGE FAMILY DAYCARE (MCA 2023-70007); AND EMERGENCY SHELTERS (MCA 2023-70008) RECOMMENDATION:
1. Adopt resolution initiating Municipal Code Amendments (MCA) as listed below:
a) “Residential Zones Permitted Use Matrix" to allow a private school use in Residential zones with approval of a Special Use Permit (MCA 2023-70003); b) Section 9-4.2521 related to “Accessory Dwelling Units” in compliance with changes to State law enacted under Assembly Bill 2221 and Senate Bill 897 and to implement Program 3 of the City's adopted 2021-2029 Housing Element (MCA 2023-70005); c) Title 9, Chapter 4, Article 37 related to Senate Bill 9 - The California Home Act “clean-up” items to be consistent with the State law (MCA 2023-70005); d) Title 5, Chapter 17 related to “Massage Establishments, Massage Therapists, the Practice of Massage Therapy” related to business licenses, regulations, and permits including potential changes to Title 9, Chapter 4 (Zoning) (MCA 2023-70006); e) Section 9-4.2104 related to “Residential Large Family Daycare” in compliance with changes enacted under Senate Bill 234 (MCA 2023-70007); and f) Section 9-4.202 related to definitions of “Emergency Shelters” in compliance with changes enacted under State law (MCA 2023-70008).
2. Find that initiating a municipal code amendment for changes to the City’s Zoning Code is an action exempt from CEQA pursuant to Section 15061(b)(3) of Title 14, Chapter 3 of the California Code of Regulations.
Staff Report
Attachment 1 Resolution
C.
Cannabis Operations Update
RECOMMENDATION:
1. Receive report and provide direction, if so desired.
2. Find that this action is not a project as defined under the California Environmental Quality Act.
Staff Report
13. COMMITTEE/COMMISSION/BOARD REPORTS: None
14. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
15. COUNCIL ISSUES/RECOMMENDATIONS: None
16. CITY MANAGER:
A.
Announcements and upcoming issues
17. PUBLIC NOTICES: None
18. ADJOURNMENT: Adjourn in memory of Eloise Cohen,
longtime community philanthropist and dedicated supporter of local arts, and Karen Underlin, retired City employee, to Regular Meeting October 10, 2023.
Agenda Post Date/Time: Sep 21, 2023, 5:00P.M.
CCD:610-70\h:\common\agenda\2023\09-26-23.docx