DocuSign Envelope ID: 5A02A597-E590-44CE-9D8D-A9544B294B14
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California October 10, 2023
CALL TO ORDER: Mayor Kevin McNamee called the meeting to order at 6:01 p.m. in Council Chambers, 2100 Thousand Oaks Boulevard, Thousand Oaks, California.
ROLL CALL:
Present: Councilmembers Engler, Newman, Taylor, Adam, and Mayor McNamee present in chambers.
Also present in person and via video conference: 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 House Supervisor Nancy Loncto, Human Resources Director Tim Giles, Library Services Director Jenniter Patterson, Strategic Communications/Public Affairs Director of Alexandra South, Police Chief Jeremy Paris, Fire Chief Jeff Shea, Chief Assistant City Attorney Patrick Hehir, Deputy Community Development Director Fabiola Zelaya Melicher, Senior Planners lain Holt and Justine Kendall, Planning Division Manager Krystin Rice, Assistant to the City Manager Melissa Hurtado, Deputy City Clerk Sandra Delgado, Information Technology Supervisor Atanas Beltchev, Cable Operations Supervisor Carl Jarecky, Senior Video Specialists Richard Swingler and Ryan Palmer, and Assistant Analyst Christy Glaubke.
3. CLOSED SESSION: None.
4. CLOSED SESSION REPORT: None.
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:
A. United Way Landlord Engagement
Mayor McNamee introduced United Way Executive Director Mitchel Sloan to discuss their landlord engagement program to address homelessness throughout Ventura County.
Mayor McNamee discussed the Emergency Preparedness presentation from the earlier Special Meeting.
DocuSign Envelope ID: 5A02A597-E590-44CE-9D8D-A9544B294B14
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California October 10, 2023
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: Tim McCarthy, Thousand Oaks; Nancy Van Volkinburg, Thousand Oaks; William Maple, Newbury Park (submitted document); Rossanna Guerra, Thousand Oaks; Josh Gray, Director of Government Affairs and Tourism, Greater Conejo Valley Chamber of Commerce; Jon, Thousand Oaks; Tim Toton, Thousand Oaks.
Written Statements: None.
City Manager Powers addressed public comments.
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
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
B. Minutes of City Council meeting of September 26, 2023 RECOMMENDATION:
Approve
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
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.
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
DocuSign Envelope ID: 5A02A597-E590-44CE-9D8D-A9544B294B14
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California October 10, 2023
CONSENT CALENDAR: (Continued)
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
RES. NO. 2023-054
RECOMMENDATION:
1. Adopt resolution authorizing the submittal of applications for all California's Department of Resources Recycling and Recovery (CaRecycle) 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).
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
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.
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
DocuSign Envelope ID: 5A02A597-E590-44CE-9D8D-A9544B294B14
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California October 10, 2023
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
RES. NO. 2023-055
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).
Hearing, advertised as required by law, opened to consider item. Presented by Senior Planner Kendall. Chief Assistant City Attorney Hehir responded to questions. Community Development Director Parker and Deputy Community Development Director Zelaya Melicher available for questions.
Speakers: Applicant Representative Mark Pettit, Managing Architect, Lauterbach & Associates Architects; Meriko Bradford, Appellant (submitted document); Patrick Naylon, Appellant (submitted document); Clint Fultz, Thousand Oaks; Jackson Piper, Newbury Park.
Written Statements: None.
Mayor McNamee closed the public hearing.
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
City Council recess at 9:01 p.m.; reconvened at 9:13 p.m.
DocuSign Envelope ID: 5A02A597-E590-44CE-9D8D-A9544B294B14
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 5 October 10, 2023
10. PUBLIC HEARINGS: (Continued)
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
RES. NO. 2023-056
RESOLUTION MODIFYING NONRESIDENTIAL DEVELOPMENT LINKAGE FEE AND RESCINDING RESOLUTION NO. 2012-072
RES. NO. 2023-057
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.
Hearing, advertised as required by law, opened to consider item. Presented by Senior Planner Holt and Keyser Marston Associates President Kathe Head. City Manager Powers and City Attorney Noonan provided clarification. Community Development Director Parker and Deputy Community Development Director Zelaya Melicher available for questions.
Speakers: Carole Shelton, Thousand Oaks; Sheri Groenveld, Thousand Oaks; Josh Gray, Director of Government Affairs and Tourism, Greater Conejo Valley Chamber of Commerce; Jasmine Duran, Oxnard; Willie Lubka, Thousand Oaks; Rick Schroeder, President, Many Mansions; Emily Ebert, Thousand Oaks; Clint Fultz, Thousand Oaks; Jackson Piper, Newbury Park; Kat Selm, city of residence unknown; Kyle Rohrbach, Thousand Oaks.
Written Statements: None.
DocuSign Envelope ID: 5A02A597-E590-44CE-9D8D-A9544B294B14
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California October 10, 2023
10. PUBLIC HEARINGS: (Continued)
B. Municipal Code Amendment 2023-70004 Update to Inclusionary Housing Program and Nonresidential Development Linkage Fees (Continued) Mayor McNamee closed the public hearing.
Mayor received City Council concurrence to continue past 11:00 p.m.
Motion by Councilmember Engler to approve staff's recommendation and add a request to bring back the item for discussion and direction regarding the linkage fee and study every four years.
Failed 2-3 by the following vote:
Ayes - Engler, Newman
Noes - Taylor, Adam, McNamee
Motion by Councilmember Engler to approve staff's recommendation.
Passed 5-0 by the following vote:
Ayes - Engler, Newman, Taylor, Adam, McNamee
Noes - None
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.
Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).
Presented by Finance Director Boscarino.
Speaker/Written Statement: None.
Motion by Councilmember Taylor to approve staff's recommendation.
Passed 5-0 by the following vote:
Ayes - Engler, Newman, Taylor, Adam, McNamee
Noes - None
DocuSign Envelope ID: 5A02A597-E590-44CE-9D8D-A9544B294B14
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California October 10, 2023
12. DEPARTMENT REPORTS: (Continued)
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)
RES. NO. 2023-058
RECOMMENDATION:
1. 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).
2. Option 2: Maintain teleconference participation for City Council and Planning Commission under traditional Brown Act requirements.
3. Find that this action is not a project under the California Environmental Quality Presented by City Clerk Maguire. City Manager Powers and City Attorney Noonan responded to questions.
Speaker/Written Statement: None.
Motion by Councilmember Newman to approve staff's recommendation Option 1 and recommendation 3.
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.
DocuSign Envelope ID: 5A02A597-E590-44CE-9D8D-A9544B294B14
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California October 10, 2023
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).
Presented by Councilmembers Engler and Taylor.
Speaker/Written Statement: None.
Motion by Councilmember Taylor to approve staff's recommendation.
Passed 5-0 by the following vote:
Ayes - Engler, Newman, Taylor, Adam, McNamee
Noes - None
Councilmember Newman announced he and Mayor Pro Tem Adam participated in the Walk 2 School Day and there are future events planned.
16. CITY MANAGER:
A. Announcements and upcoming issues
City Manager Powers provided an update on the October 24, 2023, City Council meeting.
17. PUBLIC NOTICES: None.
18. ADJOURNMENT: City Council adjourned at 11:37 p.m. to Regular Meeting on October 24, 2023.
- DocuSigned by:
Kevin Mohamee
-208881A78D9F45C..
Kevin McNamee, Mayor
City of Thousand Oaks City Council
Attest:
DocuSigned by:
7F181047E208490
Laura B. Maguire, City Clerk
City of Thousand Oaks City Council
AGENDA POSTED: October 5, 2023
MINUTES APPROVED: October 24, 2023
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:610-70\h:\common\agenda\2023\10-10-23.docx