DocuSign Envelope ID: 1B4529A1-54CC-48D6-8EE0-9E0D6AAC11C3
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California November 7, 2023
CALL TO ORDER: Closed Session - 5:00 p.m.
Mayor Kevin McNamee called the meeting to order at 5:00 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: City Attorney Tracy M. Noonan, Assistant City Manager Ingrid Hardy, Deputy City Manager Akbar Alikhan, 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 Services Director Jennifer Patterson, Strategic Communications/Public Affairs Director Alexandra South, Police Chief Jeremy Paris, Fire Chief Jeff Shea, Revenue Operations Manager Tara Tosatto, Deputy Public Works Director Nader Heydari, Deputy Community Development Director Fabiola Zelaya Melicher, Planning Division Manager Stephen Kearns, Assistant Planner Wilfredo Chua, Assistant to the City Manager Melissa Hurtado, Deputy City Clerk Sandra Delgado, Information Technology Supervisor Atanas Beltchev, Cable Operations Supervisor Carl Jarecky, Senior Video Production Specialist Richard Swingler, Senior Video Production Specialist Ryan Palmer, Assistant Analyst Christy Glaubke, and Senior Recording Secretary Dominga Zambrano.
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).
City Attorney Noonan announced Closed Session held at 5:00 p.m.
4. CLOSED SESSION REPORT:
City Attorney Noonan announced there was nothing to report at 6:00 p.m.
PLEDGE OF ALLEGIANCE:
Mayor McNamee introduced Boy Scouts of America Troop 765 Eagle Scout Candidate Gerritt Beatty, III, who led the pledge of allegiance.
DocuSign Envelope ID: 1B4529A1-54CC-48D6-8EE0-9E0D6AAC11C3
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California November 7, 2023
AB 2449 ANNOUNCEMENTS/REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
Mayor McNamee announced Public Hearing Item 10.C. (Campaign Contribution Update) is being continued to November 14, 2023, and requested a motion for continuance.
Motion by Councilmember Newman to continue Public Hearing Item 10.C. Campaign Contribution Update to November 14, 2023.
Passed 5-0 by the following vote:
Ayes - Engler, Newman, Taylor, Adam, McNamee
Noes - None
SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. Borderline Citywide Day of Remembrance (11/7) - Five Year Anniversary Mayor McNamee recognized the fifth anniversary of the mass shooting at the Borderline Bar & Grill with a proclamation to celebrate the lives of those who were so senselessly taken, to recognize the survivors and family members who have been deeply affected, honor the first responders who selflessly assisted, and acknowledged the strength of our City as we continue to heal from this tragedy.
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: Jackson Piper, Newbury Park; Shoayb Mehtar, Thousand Oaks; Robert Gold, Thousand Oaks; Michelle Gubay, Thousand Oaks; Gerritt Beatty, IlI, Thousand Oaks; Inga Jakobovich, Thousand Oaks; Audrey Garfinkel, Thousand Oaks; Akshay R., Newbury Park; Madhu Hebbar, Thousand Oaks; Marian Rubinstein, Thousand Oaks.
Assistant City Manager Hardy addressed public comments.
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
Motion by Councilmember Engler to approve staff's recommendation.
Passed 5-0 by the following vote:
Ayes - Engler, Newman, Taylor, Adam, McNamee
Noes - None
DocuSign Envelope ID: 1B4529A1-54CC-48D6-8EE0-9E0D6AAC11C3
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California November 7, 2023
CONSENT CALENDAR: (Continued)
Minutes of City Council meeting of October 24, 2023
RECOMMENDATION:
Approve
Motion by Councilmember Taylor to approve staff's recommendation.
Passed 4-0 by the following vote:
Ayes - Engler, Taylor, Adam, McNamee
Noes - None
Abstain - Newman
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.
Motion by Councilmember Engler to approve staff's recommendation.
Passed 5-0 by the following vote:
Ayes - Engler, Newman, Taylor, Adam, McNamee
Noes - None
DocuSign Envelope ID: 1B4529A1-54CC-48D6-8EE0-9E0D6AAC11C3
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California November 7, 2023
CONSENT CALENDAR: (Continued)
Hill Canyon Treatment Plant Digester Backup Boiler Upgrade Project (Cl 5615) RECOMMENDATION:
1. Authorize staff to advertise for construction bids for the Hill Canyon Treatment Plant (HCTP) Digester Backup Boiler Upgrade Project (Cl 5615).
2. Find that the Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15302.
Motion by Councilmember Engler to approve staff's recommendation.
Passed 5-0 by the following vote:
Ayes - Engler, Newman, Taylor, Adam, McNamee
Noes - None
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.
Motion by Councilmember Engler to approve staff's recommendation.
Passed 5-0 by the following vote:
Ayes - Engler, Newman, Taylor, Adam, McNamee
Noes - None
DocuSign Envelope ID: 1B4529A1-54CC-48D6-8EE0-9E0D6AAC11C3
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California November 7, 2023
CONSENT CALENDAR: (Continued)
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.
Motion by Councilmember Engler to approve staff's recommendation.
Passed 5-0 by the following vote:
Ayes - Engler, Newman, Taylor, Adam, McNamee
Noes - None
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
RES. NO. 2023-060
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.
Motion by Councilmember Engler to approve staff's recommendation.
Passed 5-0 by the following vote:
Ayes - Engler, Newman, Taylor, Adam, McNamee
Noes - None
DocuSign Envelope ID: 1B4529A1-54CC-48D6-8EE0-9E0D6AAC11C3
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California November 7, 2023
10. PUBLIC HEARINGS:
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 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).
DocuSign Envelope ID: 1B4529A1-54CC-48D6-8EE0-9E0D6AAC11C3
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California November 7, 2023
10. PUBLIC HEARINGS: (Continued)
A. Water and Wastewater Rates and Fee Adjustments (Continued) Hearing, advertised as required by law, opened to consider item. Presented by Revenue Operations Manager Tosatto. Assistant City Manager Hardy, Finance Director Boscarino, and Deputy Public Works Director Heydari responded to questions.
Speaker: Alan Grant, Newbury Park.
Written Statement: None.
Mayor McNamee closed the public hearing.
City Clerk Maguire announced results as follows:
Proposed Water Rate Increase
15,461 notices issued
12 valid protests received prior to meeting
Insufficient number to constitute a majority protest (7,731 required) Proposed Wastewater Rate Increase
20,520 notices issued
37 valid protests received prior to meeting
Insufficient number to constitute a majority protest (10,261 required) Motion by Councilmember Engler to approve staff's recommendation.
Passed 5-0 by the following vote:
Ayes - Engler, Newman, Taylor, Adam, McNamee
Noes - None
DocuSign Envelope ID: 1B4529A1-54CC-48D6-8EE0-9E0D6AAC11C3
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California November 7, 2023
10. PUBLIC HEARINGS: (Continued)
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
RES. NO. 2023-061
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.
Hearing, advertised as required by law, opened to consider item. Presented by Planning Division Manager Kearns. Community Development Director Parker and Deputy Community Development Director Zelaya Melicher available for questions.
Speakers: Paul McQuillan, Thousand Oaks; Mike Sandford, Thousand Oaks.
Written Statements: None.
Mayor McNamee closed the public hearing.
Motion by Councilmember Newman to approve staff's recommendation.
Passed 3-2 by the following vote:
Ayes - Newman, Taylor, McNamee
Noes - Engler, Adam
C. Campaign Contribution Update
RECOMMENDATION:
Continue hearing to November 14, 2023
Item continued to November 14, 2023, earlier in meeting.
DocuSign Envelope ID: 1B4529A1-54CC-48D6-8EE0-9E0D6AAC11C3
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California November 7, 2023
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
Assistant City Manager Hardy provided an update on the November 14, 2023, City Council meeting.
17. PUBLIC NOTICES: None.
18. ADJOURNMENT: City Council adjourned at 7:40 p.m. to Regular Meeting on November 14, 2023.
- DocuSigned by:
Kevin Mohamee
-200B61A7BD9F45C.
Kevin McNamee, Mayor
City of Thousand Oaks City Council
Attest:
- DocuSigned by:
Kambug:
7F1B4947E298490
Laura B. Maguire, City Clerk
City of Thousand Oaks City Council
AGENDA POSTED: November 2, 2023
MINUTES APPROVED: November 14, 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:\commonlagenda\2023\11-07-23.docx