Meeting
City Council
REGULAR MEETING
Tuesday, December 05, 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:
Jesus Sanchez vs. City of Thousand Oaks, et al.,
Ventura County Superior Court Case Number: 2023CUPP016508; Pursuant to Government Code Section 54956.9(a).
B.
CONFERENCE WITH LEGAL COUNSEL – Anticipated Litigation: Initiation of litigation; Pursuant to Government Code Section 54956.9(d)(4). (1 Potential Case) C.
CONFERENCE
WITH
LEGAL COUNSEL –
Anticipated Litigation: There
i
s a s
ignifi
cant exposure
to
litig
at
i
on
pursuant to Government
Code Sect
ion
54956.9
(d)(
2 ). (
1 Potential Case
) –
Owner of Ranch Mobile Home Park sent email correspondence to the City threatening litigation over the City’s adoption of the Senior Mobile Home Park Overlay Zone and its application to the Ranch Mobile Home Park.
D.
CONFERENCE WITH LEGAL COUNSEL – Anticipated Litigation: There is a significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2). (1 Potential Case)
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.
Ventura Council of Governments Broadband Working Group
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 November 15, 2023, November 22, 2023, and November 29, 2023; approve December 6, 2023, December 13, 2023, December 20, 2023, December 27, 2023, January 3, 2024, and January 10, 2024, subject to review and ratification B.
Minutes of City Council meeting of November 14, 2023
RECOMMENDATION:
Approve
Draft Minutes 11-14-2023
C.
Information Technology Equipment Replacement
RECOMMENDATION:
1. Authorize expenditure for CompuWave and C D W Government, Inc. in a total amount not to exceed $350,000 in FY 2023-24 for computer desktops, laptops, tablets, switches, and firewall replacements from A/C #001-3410-612-3300 (Equipment Less than $5,000) and A/C #001-3410-612-8400 (Equipment $5,000 or More).
2. Find that this action is not a project as defined under the California Environmental Quality Act.
Staff Report
D.
Liability Claims Administrator Services
RECOMMENDATION:
1. Approve three-year agreement from January 1, 2024, through December 31, 2026, with one, two-year extension option to George Hills Company, Inc. (Rancho Cordova, CA) for liability claims administrator services in an amount not to exceed $280,000.
2. Authorize expenditure in the amount of $28,000 for FY 2023-24 and $56,000 for FY 2024-25 from A/C #711-0520-686-5640 (Internal Liability Insurance Fund, Management Fees).
3. Find that this action is not a “Project” as defined under the California Environmental Quality Act.
Staff Report
Attachment 1 Third Party Liability Claims Administrator Services Agreement E.
2024 Pavement Overlay and Resurfacing Program (CI 5594 and CI 5595) and Slurry Program (MI 2610).
RECOMMENDATION:
1. Authorize staff to advertise the 2024 Pavement Overlay and Resurfacing Project (CI 5594 and CI 5595) and Slurry Program (MI 2610) for construction bids.
2. Approve Professional Services Agreement with D. Woolley and Associates, Inc., of Tustin, CA, in the amount of $443,917 plus extra services of $44,383 to preserve survey monuments for the 2024 Pavement Overlay Program (CI 5594) Project, with a term ending June 30, 2025.
3. Authorize expenditure in the amount of $488,300 ($443,917 agreement, plus $44,383 extra services) from A/C #135-5610-631-8300 (CI 5594, 2024 Pavement Overlay Program).
4. Find that the Overlay and Resurfacing Projects are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.
Staff Report
Attachment 1 2024 Pavement Overlay and Resurfacing Programs Maps Attachment 2 List of Proposed Re Striping Streets R2
Attachment 3 Professional Services Agreement with D Woolley F.
Hill Canyon Treatment Plant Bioreactor Electrical Upgrades Project (CI 5440) RECOMMENDATION:
1. Approve the project design, specifications, and Addenda Nos. 1 and 2 for construction of the Hill Canyon Treatment Plant (HCTP) Bioreactor Electrical Upgrades Project (CI 5440).
2. Award construction contract to Taft Electric, Inc. (Ventura, CA), in the amount of $1,426,200 plus a contingency of $142,620.
3. Authorize expenditure in the amount of $1,568,820 ($1,426,200 construction contract, $142,620 construction contract contingency) from A/C #624-8250-682-8300 (HCTP MCC Bioreactor Project CI 5440).
4. 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-approved contingency amount.
5. 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
G.
Community Grants Program Update
RESOLUTION ADOPTING REVISED CRITERIA AND GUIDELINES FOR COMMUNITY GRANT PROGRAMS AND RESCINDING RESOLUTION NO. 2021-047 RECOMMENDATION:
1. Approve one-time additional budget appropriation and expenditure in the amount of $75,000 from A/C #001-0000-311-1000 (General Fund – Fund Balance) to A/C #001-1120-611-5920 (SS2025, General Fund – Grants & Donations).
2. Approve one-time reallocation of $25,000 from the Community Sports Grant program A/C #001-1120-611-5920 (SF2024, General Fund – Grants & Donations) to the Community Social Services Grant program A/C #001-1120-611-5920 (SS2025, General Fund – Grants & Donations).
3. Adopt resolution for Community Funding Review Committee and rescind Resolution 2021-047.
4. Find that this action is not a project as defined under the California Environmental Quality Act.
Staff Report
Attachment 1 CFRC Resolution
H.
Rectangular Rapid Flashing Beacons at Pedestrian Crosswalks (CI 5588) RECOMMENDATION:
1. Approve the project design, plans, specifications, and Addendum No. 1 for the construction of the Rectangular Rapid Flashing Beacons (RRFBs) at Pedestrian Crosswalks (CI 5588).
2. Award construction contract to Xcel Engineering, Inc. (Fresno, CA), in the amount of $260,500, plus a contingency of $26,000.
3. Approve budget appropriation in the amount of $30,500 from A/C #001-0000-311-1000 (General Fund – Fund Balance) to A/C #001-5310-631-8300 (CI 5588, Rapid Flashing Beacons).
4. Authorize expenditure in the amount of $289,500 ($260,500 construction contract, $26,000 construction contingency, and $3,000 for City furnished supplies and materials) as follows: $110,500 from A/C #001-5310-631-8300, and $179,000 from A/C #183-5310-631-8300 (CI 5588, Rectangular Rapid Flashing Beacons at Pedestrian Crosswalks).
5. 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-approved contingency amount.
6. Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.
Staff Report
Attachment 1 Vicinity Map
I.
Retroreflective Backplate for Traffic Signals (CI 5592) RECOMMENDATION:
1. Reject all bids received on November 8, 2023.
2. Authorize staff to re-advertise the Retroreflective Backplate for Traffic Signals (CI 5592) for construction bids.
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 Map
J.
Retired Annuitant Appointment
RECOMMENDATION:
1. Approve appointment of Jay Spurgin as a retired annuitant hourly employee.
2. Approve budget appropriation and authorize expenditure in the amount of $42,500 in FY 2023-24 and $17,000 in FY 2024-25 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001-0960-644-1210 (General Fund, Navigation Center, Temporary/Hourly Employee).
3. Find that this action does not constitute a project as identified in the California Environmental Quality Act (CEQA).
Staff Report
K.
ORDINANCE FOR SECOND READING:
ORDINANCE CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT AND MITIGATION MONITORING AND REPORTING PROGRAM AND AMENDING THOUSAND OAKS MUNICIPAL CODE RELATING TO OFFICIAL ZONING MAP BY CHANGING ZONING CLASSIFICATION OF A PORTION OF PROPERTY LOCATED AT 225 NORTH MOORPARK ROAD (ZONE CHANGE Z-2021-70997) (Introduced 11/14/2023; 5-0) ORD. NO. 1722-NS
RECOMMENDATION:
Adopt
Ord No 1722-NS - Janss Marketplace Hotel Project for CEQA 2022 70002 and 2021 70997 Z L.
ORDINANCE FOR SECOND READING:
ORDINANCE AMENDING SECTION 1-13.03 OF MUNICIPAL CODE REGARDING CAMPAIGN CONTRIBUTION LIMITATIONS (Introduced 11/14/2023; 5-0) ORD. NO. 1723-NS
RECOMMENDATION:
Adopt
Ord No 1723-NS - Campaign Contribution Attachment 1 Ordinance (1)
10. PUBLIC HEARINGS:
A.
General Plan 2045 2019-70760-GPA, Final Program Environmental Impact Report 2022-70558-EIR, 2021-2029 Housing Element 2018-70723-HSG, and Declare Initiations for Implementation RESOLUTION CERTIFYING A FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT FOR THE CITY OF THOUSAND OAKS GENERAL PLAN 2045, INCLUDING A MITIGATION MONITORING PROGRAM, CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS OF FACT, AND STATEMENT OF OVERRIDING CONSIDERATIONS, AND APPROVING GENERAL PLAN AMENDMENT FOR THE CITY OF THOUSAND OAKS GENERAL PLAN 2045 (2019-70760-GPA, 2022-70558-EIR)
RESOLUTION
APPROVING A GENERAL PLAN AMENDMENT TO THE CITY’S GENERAL PLAN TO ADOPT THE UPDATED 2021-2029 HOUSING ELEMENT (HSG 2018-70723)
RESOLUTION
DECLARING INTENTION FOR IMPLEMENTATION OF THE GENERAL PLAN 2045 INCLUDING HOUSING ELEMENT RE-ZONING PROGRAM; MUNICIPAL CODE AMENDMENT (AB 1397); COMPREHENSIVE MUNICIPAL CODE UPDATE; UPDATE SPECIFIC PLANS; AND HOUSING ELEMENT PROGRAM 8 ZONING CODE AMENDMENTS RECOMMENDATION:
1. Adopt resolution certifying the Final Program Environmental Impact Report (EIR) (SCH #2022060087) including a Mitigation Monitoring and Reporting Program, California Environmental Quality Act (CEQA) Findings of Fact, Statement of Overriding Considerations, and approve the adoption of the General Plan 2045 with revisions included in the Addenda and Errata Memo.
2. Adopt resolution approving the 2021-2029 Housing Element addressing requirements of California Government Code Section 65580 - 65589.9 et seq.
3. Adopt resolution declaring Municipal Code Amendment initiations to implement the General Plan 2045 as listed below:
a) Housing Element Re-zoning Program
b) Municipal Code Amendment (AB 1397)
c) Comprehensive Municipal Code Update
d) Update Specific Plans
e) Housing Element Program 8 Zoning Code Amendments
Staff Report
Attachment 1 PC Staff Report Attachments and Supplementals Attachment 2 RESO GPA 2019 70760 EIR 2022 70558
Attachment 2 Exhibit A Final Program EIR including MMRP Attachment 2 Exhibit B CEQA Findings of Fact and Statement of Overriding Considerations Attachment 2 Exhibit C General Plan 2045
Attachment 2 Exhibit D Draft General Plan 2045 Addenda and Errata Memo Attachment 3 RESO HOUSING ELEMENT 2018 70723
Attachment 3 Exhibit A Housing Element
Attachment 4 RESO Initiation of Implementation Changes
12-05-2023 Supplemental Information Packet
12-05-2023 Supplemental Information Packet 2
12-05-2023 Supplemental Information Packet 3
11. STUDY SESSIONS: None
12. DEPARTMENT REPORTS: None
13. COMMITTEE/COMMISSION/BOARD REPORTS:
A.
Fiscal Year 2023-24 Community Sports Grant Recommendations RECOMMENDATION:
1. Approve the award of Community Sports Grants totaling $65,424.89.
2. Authorize the City Manager or designee to execute Community Sports Grants agreements with grantees.
3. Authorize expenditure in the amount of $65,424.89 from A/C #001-1120-611-5920 (SF2024, Grants and Donations) for Community Sports Grants.
4. Find that this action is not a project as defined under the California Environmental Quality Act.
Staff Report
Attachment 1 Community Sports Grant Award Five Year History Attachment 2 2023 to 2024 Community Sports Grant Award Recommendations B.
City Investment Review Committee Annual Report
RECOMMENDATION:
Receive and file report.
Find that this action is not a project as defined under section 15378(b)(5) of the California Environmental Quality Act Guidelines.
Staff Report
14. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
15. COUNCIL ISSUES/RECOMMENDATIONS:
A.
2023 National League of Cities City Summit Conference
RECOMMENDATION:
1. Receive report.
2. Find that receiving said report is not a project as defined by the California Environmental Quality Act Guidelines.
Staff Report
16. CITY MANAGER:
A.
Announcements and upcoming issues
17. PUBLIC NOTICES: None
18. ADJOURNMENT: Adjourn to City Council Reorganization Meeting December 12, 2023 Agenda Post Date/Time: Dec 5, 2023, 5:00P.M.
CCD:610-70\h:\common\agenda\2023\12-05-23.docx