Meeting
City Council
REGULAR MEETING
Tuesday, October 10, 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
by 4:30 p.m. on the day of the meeting. 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 on an item, 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.
Public Input is governed by City policy, including but not limited to Resolution Nos. 2011-067 and 2023-008 and Ordinance No. 1711-NS. In addition, it is the policy of the City of Thousand Oaks that all employees are to be treated with respect and dignity. Actual or perceived discrimination and/or harassment of an employee on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, sex, sexual orientation, or age will not be tolerated.
The City of Thousand Oaks has an affirmative duty to maintain a working environment that is free from harassment. It is inappropriate to use words, gestures, and actions which tend to annoy, alarm, or abuse another person or have the effect of creating an intimidating, hostile or offensive environment or unreasonably interfere with work.
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: 6:00 p.m.
2. ROLL CALL:
3. CLOSED SESSION: None
4. CLOSED SESSION REPORT: None
5. PLEDGE OF ALLEGIANCE:
6. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
7. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A.
United Way Landlord Engagement
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 27, 2023, and October 4, 2023; approve October 11, 2023, and October 18, 2023, subject to review and ratification B.
Minutes of City Council meeting of September 26, 2023
RECOMMENDATION:
Approve
Draft Minutes 09262023
C.
Ventura County Air Pollution Control District Advisory Committee Appointment RECOMMENDATION:
1. Approve re-appointment of Edward Carloni, as the City of Thousand Oaks representative to the Ventura County Air Pollution Control District (VCAPCD) Advisory Committee for a four-year term ending January 2027.
2. Find that this action is not a project as defined under the California Environmental Quality Act.
Staff Report
Attachment 1 VCAPCDAC Application 2022
D.
2024 Pavement Overlay (CI 5594) and Slurry (MI 2610) Programs
RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATIONS FOR ALL CALRECYCLE GRANT AND PAYMENT PROGRAMS FOR WHICH THE CITY OF THOUSAND OAKS IS ELIGIBLE RECOMMENDATION:
1. Adopt resolution authorizing the submittal of applications for all California’s Department of Resources Recycling and Recovery (CalRecycle) grant and payment programs including the 2024 Pavement Overlay Program (CI 5594) for which the City of Thousand Oaks is eligible through December 31, 2025.
2. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).
Staff Report
Attachment 1 2024 Pavement Overlay and Slurry Program Map Attachment 2 Resolution
E.
Replacement Light-Duty Compressed Natural Gas Cutaway Buses for Transit Program RECOMMENDATION:
1. Approve a “piggyback” purchase agreement with the California Association for Coordinated Transportation/Morongo Basin Transit Authority (CalACT/MBTA) contract and award to A-Z Bus Sales, Inc. (Colton, CA), for the purchase of two replacement light-duty compressed natural gas cutaway buses in the total amount of $361,922.87.
2. Approve expense in the amount of $361,922.87 from A/C #651-5540-685-8400 (Materials and Supplies/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 Cal Act Letter of Assignment 20 01 002
Attachment 2 AZ Bus Sales Quote
10. PUBLIC HEARINGS:
A.
Appeal of Planning Commission Approval of 30-Unit Apartment Complex [Residential Planned Development (2021-70328-RPD) and Parcel Merger (PM-2023-70002)] at 170 Erbes Road RESOLUTION DENYING APPEAL OF PLANNING COMMISSION DECISION APPROVING CONSTRUCTION OF 30-UNIT MULTIFAMILY DEVELOPMENT WITHIN SAID CITY RECOMMENDATION:
Adopt resolution denying the appeal, thereby upholding a decision of the Planning Commission approving a 30-unit apartment building, related site improvements, and merger of 3 parcels at 170 Erbes Road. The decision included a finding under the California Environmental Quality Act ("CEQA") that the project qualifies for categorical exemptions under Class 32 Infill (Section 15332) and Class 5 Minor Alterations to Land Use Limitations (Section 15305).
Staff Report
Attachment 1 July 10 2023 Planning Commission Staff Report and Resolution for 202170328RPD and PM202370002 with Supplemental Packet 1 Attachment 2 Appeal Application Grounds of Appeal Meriko Bradford Attachment 3 Appeal Application Grounds of Appeal Patrick Naylon Attachment 4 Additional Correspondence Received September 28 2023 Attachment 5 Proposed City Council Resolution Denying the Appeal B.
Municipal Code Amendment 2023-70004 Update to Inclusionary Housing Program and Nonresidential Development Linkage Fees
ORDINANCE
AMENDING
THE THOUSAND OAKS MUNICIPAL CODE BY
MODIFYING SECTIONS 9-10.102, 9-10.203, 9-10.301, 9-10.302, 9-10.303, 9-10.304, 9-10.305, 9-10.306, 9-10.307, 9-10.308, 9-10.401, AND 9-10.601 TO TITLE 9, CHAPTER 10, ARTICLES 1, 2, 3, 4 AND 6 TO UPDATE THE CITY’S INCLUSIONARY HOUSING PROGRAM
AND RELATED AFFORDABLE HOUSING REQUIREMENTS (MCA 2023-70004) 1ST READING
RESOLUTION MODIFYING INCLUSIONARY HOUSING IN-LIEU FEE AND RESCINDING RESOLUTION NO. 2012-071 RESOLUTION MODIFYING NONRESIDENTIAL DEVELOPMENT LINKAGE FEE AND RESCINDING RESOLUTION NO. 2012-072 RECOMMENDATION:
1. Read ordinance in title only, waive further reading, and if no objection, introduce ordinance to approve amendments to Chapter 10 of Title 9 of the Thousand Oaks Municipal Code.
2. Adopt resolutions setting the Inclusionary Housing In-lieu and Nonresidential Development Linkage fees and concurrently rescind Resolution Nos. 2012-071 and 2012-072.
3. Find that this Municipal Code Amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.
Staff Report
Attachment 1 PC STAFF REPORT and Attachments Including Inclusionary Housing Policy Recommendations Attachment 2 Inclusionary Housing Program Update Draft Ordinance Attachment 3 CC Resolution In Lieu Fee
Attachment 4 CC Resolution Nonresidential Development Linkage Fee 10-10-23 Supplemental Information Packet
11. STUDY SESSIONS: None
12. DEPARTMENT REPORTS:
A.
City Development Impact Fee Deferral Program
RECOMMENDATION:
1. Authorize City staff to implement a temporary City Development Impact Fee Deferral Program.
2. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).
Staff Report
Attachment 1 City Development Impact Fees
B.
Updated Public Meeting Teleconference Guidelines
RESOLUTION IMPLEMENTING PROVISIONS OF ASSEMBLY BILL (AB) 2449 AUTHORIZING TELECONFERENCE MEETINGS OF CITY COUNCIL AND PLANNING COMMISSION IN SPECIFIED CASES AS OUTLINED BY AMENDED BROWN ACT (GOVERNMENT CODE SECTIONS 54953 AND 54954.2) RECOMMENDATION:
Option 1:
Implement the provisions of Assembly Bill (AB) 2449 and adopt resolution authorizing updated teleconference rules for meetings of City Council and Planning Commission in specified cases as outlined by the Brown Act pursuant to AB 2449 (amended Government Code Sections 54953 and 54954.2).
Option 2: Maintain teleconference participation for City Council and Planning Commission under traditional Brown Act requirements.
Find that this action is not a project under the California Environmental Quality Act.
Staff Report
Attachment 1 Resolution
13. COMMITTEE/COMMISSION/BOARD REPORTS: None
14. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
15. COUNCIL ISSUES/RECOMMENDATIONS:
A.
Update on League of California Cities Annual Conference, September 20-22, 2023 RECOMMENDATION:
1. Receive report.
2. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).
Staff Report
16. CITY MANAGER:
A.
Announcements and upcoming issues
17. PUBLIC NOTICES: None
18. ADJOURNMENT: Adjourn to Regular Meeting October 24, 2023 Agenda Post Date/Time: Oct 6, 2023, 5:00P.M.
CCD:610-70\h:\common\agenda\2023\10-10-23.docx