Meeting
City Council
REGULAR MEETING
Tuesday, November 07, 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
by 4:30 p.m. on the day of the meeting
(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.
Unless the City Council is meeting under AB 2449 guidelines, the City Council meeting will not be cancelled if technical issues occur.
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 inter 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: Closed Session - 5:00 p.m.
2. ROLL CALL:
3. CLOSED SESSION:
A.
CONFERENCE WITH LEGAL COUNSEL – Pending Litigation:
Jennifer Cuadra vs. The City of Thousand Oaks, et al,
Ventura County Superior Court Case Number: 2023011972CUPP; Pursuant to Government Code Section 54956.9(a).
B.
CONFERENCE WITH LEGAL COUNSEL – Pending Litigation:
Danielle Cheree Williams vs. The City of Thousand Oaks, et al, Ventura County Superior Court Case Number: 2023013161CUPP; Pursuant to Government Code Section 54956.9(a).
C.
CONFERENCE WITH LEGAL COUNSEL – Pending Litigation:
Ramina Nunnelee vs. The City of Thousand Oaks, et al,
Ventura County Superior Court Case Number: 202200563079CUPO; Pursuant to Government Code Section 54956.9(a).
4. CLOSED SESSION REPORT:
5. PLEDGE OF ALLEGIANCE:
6. AB 2449 ANNOUNCEMENTS/REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
7. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A.
Borderline Citywide Day of Remembrance (11/7) – Five Year Anniversary
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 October 25, 2023, and November 1, 2023; approve November 8, 2023, subject to review and ratification B.
Minutes of City Council meeting of October 24, 2023
RECOMMENDATION:
Approve
102423 Draft Minutes
C.
Arroyo Conejo Open Space Acquisition (865 W. Hillcrest Drive) RECOMMENDATION:
1. Approve Purchase and Sale Agreement with Escrow Instructions for Assessor Parcel Number (APN) 663-0-093-225 between the City of Thousand Oaks and Suzanne W. Zada, aka Suzanne Wiener Zada, aka Susan Weiner Zada, Trustee of the Suzanne W. Zada Rev Trust, dated October 3, 2019, as to an undivided 50 percent interest; Community Television of Southern California, as to an undivided 30 percent interest; and Inspiration Golden State, Inc., a California Corporation, as to an undivided 20 percent interest (“Seller”), and authorize City Manager, or designee, to execute the Purchase and Sale Agreement and all other documents necessary to effectuate the purchase by the City of Thousand Oaks, including the authority to accept the deed, subject to resolution of any liens and encumbrances affecting said parcel.
2. Approve budget appropriation and expenditure in the amount of $620,000 ($610,000 purchase price, plus closing costs not-to-exceed $10,000) for APN 663-0-093-225 from A/C #512-0000-311-1000 (Community Recreation and Open Space Endowment Fund – Fund Balance) to A/C #512-4410-679-8100 (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 California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, 14 CCR Sections 15313 and 15325.
Staff Report
Attachment 1 865 Hillcrest PSA - For Council
Attachment 2 Vicinity Map
Attachment 3 Location Map
Attachment 4 Aerial Photo
D.
Hill Canyon Treatment Plant Digester Backup Boiler Upgrade Project (CI 5615) RECOMMENDATION:
1. Authorize staff to advertise for construction bids for the Hill Canyon Treatment Plant (HCTP) Digester Backup Boiler Upgrade Project (CI 5615).
2. Find that the Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15302.
Staff Report
Attachment 1 Vicinity and Location Maps
E.
Tyler EnerGov Enterprise Permitting and Licensing Configuration and Project Management RECOMMENDATION:
1. Approve agreement with Park Consulting Group Corporation, Irvine, CA, for project management for the City’s Land Management System (LMS) for the period November 15, 2023 to December 31, 2025 with a not-to-exceed amount of $757,050 for the term of the agreement.
2. Waive formal Request for Proposal/Qualifications (RFP/Q) process for Tyler EnerGov Land Management System Project Management and approve Park Consulting Group pursuant to Thousand Oaks Municipal Code (TOMC) Section 3-10.501.
3. Authorize budget appropriation and expenditure in the amount not-to-exceed $757,050 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001-0410-612-5640 (General Fund, Management Fees/Consulting).
4. Find that this action is not a project as defined under the California Environmental Quality Act. Staff Report
Attachment 1 Agreement with Park Consulting Group Corporation F.
Municipal Service Center Elevator Modernization (MI 2635) RECOMMENDATION:
1. Award construction contract to Waisman Construction, Inc., of Canoga Park, CA, in the amount of $298,000, plus a contingency of $30,000 for the Municipal Service Center (MSC) Elevator Modernization project (MI 2635).
2. Approve budget appropriation in the amount of $328,000 in FY 2023-24 from A/C #001-0000-311-1000 (General Fund – Fund Balance) to A/C #001-3592-631-5500 (MI 2635) and authorize expenditure in the amount of $328,000 for maintenance improvement costs.
3. Delegate authority to the City Engineer to approve changes in the design, plans, specifications, and working details of the project on work directives and change orders up to the project contingency amount.
4. This project is exempt from any environmental impact review under the California Environmental Quality Act (CEQA). The work falls into Categorical Exemption: Article 19, Class 1 Existing Buildings and involves no expansion of use to the existing buildings impacted.
Staff Report
G.
Fiscal Year 2023-24 Transportation Development Act Funds Additional Funding
RESOLUTION
AUTHORIZING CLAIM FOR ALLOCATION OF FY 2023-24 FUNDS FROM VENTURA COUNTY LOCAL TRANSPORTATION FUNDS AS OUTLINED IN 1971 TRANSPORTATION DEVELOPMENT ACT RECOMMENDATION:
1. Adopt resolution authorizing staff to file a claim with Ventura County Transportation Commission (VCTC) for the Transportation Development Act (TDA) allocation of $6,176,041 from the Local Transportation Fund (LTF) and an estimated $45,000 from the State Transit Assistance (STA) and State of Good Repair (SGR) funds.
2. Find that this action is not a project as defined under the California Environmental Quality Act.
Staff Report
Attachment 1 TDA Funds Claim Reso
10. PUBLIC HEARINGS:
A.
Water and Wastewater Rates and Fee Adjustments
ORDINANCE ADJUSTING AND SETTING RATES AND FEES OF CITY WATER DIVISION (UNCODIFIED) AND AMENDING THOUSAND OAKS MUNICIPAL CODE TITLE 10 UTILITIES CHAPTER 2 WATER 1ST READING
ORDINANCE ADJUSTING AND SETTING RATES AND FEES OF CITY WASTEWATER DIVISION (UNCODIFIED) AND AMENDING THOUSAND OAKS MUNICIPAL CODE TITLE 10 UTILITIES CHAPTER 1 WASTEWATER 1ST READING
RECOMMENDATION:
1. Read ordinance in title only, waive further reading, and if no objection, introduce ordinance adjusting rates and fees of the City Water Division and amending Thousand Oaks Municipal Code (TOMC) section 10-2.710 regarding street sweeping to be a fixed rate billed annually; sections 10-2.902, 10-2.903, 10-2.909 regarding utility billing due dates due to a change to monthly billing; and section 10-2.911 regarding delinquency collection requirements (Proposition 218 protest hearing applies).
2. Read ordinance in title only, waive further reading, and if no objection, introduce ordinance adjusting rates and fees of the City Wastewater Division and amending TOMC sections 10-1.902, 10-1.903, 10-1.909 regarding utility billing due dates due to a change to monthly billing; and section 10-1.911 regarding delinquency collection requirements (Proposition 218 protest hearing applies).
3. Approve revenue budget appropriation in the amount of $1,350,803 in FY 2024-25 as follows: $910,398 from A/C #621-0000-448-2110 (Wastewater Service Charges Residential); $258,727 from A/C #621-0000-448-2111 (Wastewater Service Charges Commercial); $78,522 from A/C #621-0000-448-2113 (Wastewater Service Charges Industrial); and $103,156 from A/C #621-0000-448-2116 (Wastewater Service Charges Multi-Family) to A/C #621-0000-341-9900 (Wastewater Retained Earnings).
4. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).
Staff Report
Attachment 1 Water Rates Ordinance
Attachment 2 Wastewater Rates Ordinance
B.
Revised Precise Plan of Design Guidelines to Allow Metal Roof Materials in Residential Zones (PCP 2022-70669)
RESOLUTION
AMENDING PRECISE PLAN OF DESIGN GUIDELINES FOR CONSTRUCTION AND DEVELOPMENT OF RESIDENTIAL, INDUSTRIAL, AND INSTITUTIONAL PROJECTS WITHIN CITY OF THOUSAND OAKS AND RESCINDING CITY COUNCIL RESOLUTION NO. 2006-108 RECOMMENDATION:
1. Approve revision to the City’s Precise Plan of Design Guidelines (PPD) to allow metal roofing at residential structures.
2. Adopt resolution modifying City’s Guidelines and Standards for evaluating PPDs by amending Section G(1), subsection “c.” and adding subsection “d.” to allow metal roofing as an approved building material as well as rescinding Resolution No. 2006-108.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
Staff Report
Attachment 1 PPD Guidelines Reso
C.
Campaign Contribution Update
RECOMMENDATION:
Continue hearing to November 14, 2023
110723 Campaign Contribution Update Cont Memo
11. STUDY SESSIONS: None
12. DEPARTMENT REPORTS: None
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 to Regular Meeting November 14, 2023 Agenda Post Date/Time: Nov 2, 2023, 5:00P.M.
CCD:610-70\h:\common\agenda\2023\11-07-23.docx