Meeting
City Council
REGULAR MEETING
Tuesday, March 19, 2024
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.
Al Adam, Mayor
David Newman
, Mayor Pro Tem
Bob
Engler
, Councilmember
Kevin
McNamee
, 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 – Anticipated Litigation: Initiation of litigation; Pursuant to Government Code Section 54956.9(d)(4). (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.
Donate Life Month Proclamation
B.
Crossing Guard Appreciation Week Proclamation
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. 2011-067/2023-008)
9. CONSENT CALENDAR:
A.
General, Utilities, Golf Course, and Theatres Demands
RECOMMENDATION:
Ratify February 28, 2024, March 6, 2024, and March 13, 2024; approve March 20, 2024, subject to review and ratification B.
Minutes of City Council meeting of February 27, 2024
RECOMMENDATION:
Approve
02-27-24 Draft Minutes
C.
FY 2023-24 Community Grant Agreement Amendments with Conejo Valley Unified School District and Conejo Open Space Foundation RECOMMENDATION:
1. Approve First Amendment to Community Sports Grant (CSG) Agreement with Conejo Valley Unified School District (CVUSD) on Behalf of Thousand Oaks High School (TOHS) Softball (Contract No. 13514-2024) to replace original project and allow previously granted funds to be used for a new Locker Room Project.
2. Approve Second Amendment to Community Environmental Enhancement Grant (CEEG) Agreement with Conejo Open Space Foundation (COSF) (Contract No. 13229-2023) to revise original project and allow previously granted funds to be used for an environmental education event.
3. Authorize the City Manager or designee to execute the Amended Community Grant agreements with the Grantees.
4. Find that this action is not a project as defined under the California Environmental Quality Act.
Staff Report
Attachment 1 CEEG Grant Agreement for TOHS
Attachment 2 CEEG Grant Agreement for COSF
D.
Guard Rail Repairs Project (MI 2574)
RECOMMENDATION:
1. Approve the project design, plans, and specifications for the construction of the Guard Rail Repairs Project (MI 2574).
2. Award construction contract to C & W Construction Specialties, Inc. (Ventura, CA), in the amount of $401,851.73, plus a contingency of $40,000.
3. Authorize expenditure in the amount of $444,851.73 ($401,851.73 construction contract, $40,000 construction contingency, and $3,000 for City furnished supplies and materials) as follows: $3,000 from A/C #132-5610-631-5500, and $441,851.73 from A/C #183-5610-631-5500 (MI2574, Guardrail Repairs Project).
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 15301.
Staff Report
Attachment 1 Vicinity Map
E.
Rancho Conejo Biotech Area Sidewalk Project (CI 5664)
RECOMMENDATION:
1. Approve the project design, plans, specifications, and Addenda Nos. 1 and 2 for the construction of the Rancho Conejo Biotech Area Sidewalk Project (CI 5664).
2. Award construction contract for Rancho Conejo Biotech Area Sidewalk Project to Toro Enterprises, Inc. (Oxnard, CA) in the amount of $3,676,943.75, plus a contingency of $367,600.
3. Approve Third Amendment to Professional Services Agreement Contract No. 13114-2022 with MNS Engineers, Inc. (Thousand Oaks, CA) for engineering support services during the construction of the Rancho Conejo Biotech Area Sidewalk (CI 5664) in the amount of $36,570, for a revised not-to-exceed amount of $392,511, plus $3,700 for extra services, and extend the term of the agreement to June 30, 2025.
4. Approve budget appropriation in the amount of $1,374,600 as follows: $806,508 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001-5310-631-8300 (CI 5664, Rancho Conejo Biotech Sidewalk Project), $2,158 from A/C #538-0000-311-1000 (Developer Fee - Fund Balance) to A/C #538-5570-631-8300 (CI 5664, Rancho Conejo Biotech Sidewalk Project), $247,490 from A/C #532-0000-311-1000 (Developer Fee, Fund Balance) to A/C #532-5310-631-8300 (CI 5664, Rancho Conejo Biotech Sidewalk Project), and $318,444 from A/C #555-0000-311-1000 (Developer Fee, Fund Balance) to A/C #555-5310-631-8300 (CI 5664, Rancho Conejo Biotech Sidewalk Project).
5. Authorize expenditures in the amount of $4,135,225 ($3,676,944 construction contract; $367,600 construction contingency; $6,181 third amendment for construction phase support services; $3,700 for extra services; $60,800 for Southern California Edison (SCE) street light fees, and $20,000 for California-American Water Company (Cal AM) water meters and connection charges for Rancho Conejo Biotech Area Sidewalk (CI 5664), as follows: $1,974,133 from A/C #001-5310-631-8300; $1,593,000 from A/C #183-5310-631-8300; $247,490 from A/C #532-5310-631-8300; $318,444 from A/C #555-5310-631-8300, and $2,158 from A/C #538-5570-631-8300.
6. Delegate authority to the City Engineer to approve changes to the design, plans, specifications, and working details of the project on work directives and change orders up to the project contingency value.
7. Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.
Staff Report
Attachment 1 Vicinity and Location Maps
Attachment 2 Third Amendment to MNS Agreement No 13114 2022 F.
Wilder Reservoir Improvements Project (CI 5294)
RECOMMENDATION:
1. Approve Professional Services Agreement with HDR Engineering, Inc. (Ventura, CA) for preparation of condition assessment, plans, and specifications for the rehabilitation of Wilder Reservoir Improvements Project (CI 5294), in an amount not to exceed $248,620, plus extra services of $24,860, with a term ending June 30, 2025.
2. Authorize expense in the amount of $273,480 ($248,620 agreement, plus extra services of $24,860) from A/C #613-8050-682-8300 (CI 5294 – Wilder Reservoir Improvements).
3. Find that this action is not a project as defined under the California Environmental Quality Act.
Staff Report
Attachment 1 Vicinity and Location Maps
Attachment 2 Professional Services Agreement with HDR Engineering Inc G.
ORDINANCE FOR SECOND READING:
ORDINANCE AMENDING THOUSAND OAKS MUNICIPAL CODE TITLE 1, CHAPTER 6 ADDING SECTION 1-6.04 PERMITTING RECOVERY OF ATTORNEYS’ FEES BY PREVAILING PARTY TO A NUISANCE ABATEMENT ACTION OR PROCEEDING (Introduced 2/27/2024; 5-0) 1724-NS
RECOMMENDATION:
Adopt
1724-NS - Ordinance Authorizing Attorney Fees in Public Nuisance Action H.
ORDINANCE FOR SECOND READING:
ORDINANCE AMENDING TITLE 1, CHAPTER 13, SECTION 4 OF MUNICIPAL CODE REGARDING ELECTRONIC CAMPAIGN DISCLOSURE STATEMENTS AND FAIR POLITICAL PRACTICES COMMISSION FILINGS (Introduced 2/27/2024; 5-0) 1725-NS
RECOMMENDATION:
Adopt
1725-NS - Ordinance Amending Electronic Campaign Statements and FPPC Filings
10. PUBLIC HEARINGS:
A.
Housing Element Program Implementation (MCA 2024-70001 and Z 2024-70001)
ORDINANCE
AMENDING THOUSAND OAKS MUNICIPAL CODE BY
MODIFYING SECTION 9-4.301 AND SECTION 9-4.2816, AND ADDING SECTION 9-4.310, ARTICLE 10.5, SECTION 9-4.2104.5, AND SECTION 9-4.2529 TO ESTABLISH MIXED-USE ZONING REGULATIONS AND AS REQUIRED BY 2021-2029 HOUSING ELEMENT (MCA 2024-70001)
1ST READING
ORDINANCE
amending thousand oaks municipal code relating to official zoning map BY CHANGING ZONING CLASSIFICATION of certain properties TO MIXED-USE (MU), MIXED-USE OVERlay zone (MUOZ), and Residential planned development (rpd-10u) to align with general PLAN land USE DESIGNATIONs (Z 2024-70001) 1ST READING
RECOMMENDATION:
1. Find that the project has been determined to be within the scope of the General Plan 2045 and the 2021-2029 Housing Element Certified Program Environmental Impact Report pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15162 and Section 15168 and that none of the conditions identified in the CEQA Guidelines Section 15162 and Public Resources Code Section 21166 has been triggered for additional environmental review under the requirements of the CEQA.
2. Read in title only, further reading be waived, and if no objection, introduce ordinance approving MCA 2024-70001 amendments to Chapter 4 of Title 9 of the Thousand Oaks Municipal Code.
3. Read in title only, further reading be waived, and if no objection, introduce ordinance approving Z 2024-70001 amendment to the Official Zoning Map.
Staff Report
Attachment 1 Planning Commission Staff Report and Resolution Attachment 2 Municipal Code Amendment Ordinance
Attachment 3 Zoning Map Ordinance
Attachment 4 Proposed Change to Zoning Map
Attachment 5 Project Finding
Supplemental Information Packet 1
B.
Proposed 78-Unit For-Sale Affordable Housing Project – 384 Erbes Road
RESOLUTION
DETERMINING THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM CEQA AND APPROVING A RESIDENTIAL PLANNED DEVELOPMENT PERMIT; TENTATIVE TRACT MAP; PROTECTED TREE PERMIT; AND LANDSCAPE PLAN CHECK FOR CERTAIN PROPERTY WITHIN SAID CITY AT 384 ERBES ROAD (APN NOS. 670-0-250-290 AND 670-0-250-210) AND DECLARING THE PROPERTY EXEMPT SURPLUS PROPERTY PURSUANT TO THE SURPLUS LAND ACT (APPLICATIONS: 2023-70014-RPD; 2023-70001-TTM; 2023-70125-PTP; 2023-70020-LPC; 2021-70182-LU; 2022-70269-DP; 2022-70535-PTP) (APPLICANT: DICECCO ARCHITECTURE, INC. ON BEHALF OF PEOPLE’S SELF-HELP HOUSING) RECOMMENDATION:
1. Adopt resolution to:
a. Find the project is Categorically Exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Class 32 Section 15332 In-Fill Development Projects, and Section 15194 Affordable Housing; and b. Approve Residential Planned Development Permit 2023-70014-RPD, Parcel Merger 2023-70001-TTM, Planned Tree Permit 2023-70125-PTP, and Landscape Plan Check 2023-70020-LPC; and c. Declare that the project site is exempt surplus land, contingent upon the transfer of the property in accordance with the terms of the Disposition and Development Agreement, pursuant to California Government Code Section 54221(f)(1)(R).
2. Approve the draft Disposition and Development Agreement by and among the City of Thousand Oaks and Housing Land Trust Ventura County and People’s Self-Help Housing Corporation (384 N. Erbes Road), authorize the City Manager and City Attorney to finalize the agreement, and authorize the City Manager to execute the finalized agreement on behalf of the City.
3. Authorize the City Manager to act on behalf of the City whenever an administrative action is required to implement the terms of the Disposition and Development Agreement and associated documents, except for those matters that are reserved under state law to City Council or which the City Manager determines should be referred to City Council.
4. If requested by the Developer in writing, approve deferral of all City planning and permitting fees until Certificate of Occupancy, pursuant to the terms and conditions contained in the Development Impact Fee Deferral Program.
Staff Report
Attachment 1 Planning Commission Staff Report Packet of February 26 2024 Attachment 2 Disposition and Development Agreement
Attachment 3 Environmental Report
Attachment 4 Correspondence
Attachment 5 Resolution
03-19-24 Supplemental Information Packet #2
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:
A.
League of California Cities Channel Counties Division Meeting Update, February 23, 2024 RECOMMENDATION:
1. Receive report.
2. Find that this action is not a project as defined under the California Environmental Quality Act.
Staff Report
16. CITY MANAGER:
A.
Announcements and upcoming issues
17. PUBLIC NOTICES: None
18. ADJOURNMENT: Adjourn to Regular Meeting March 26, 2023 Agenda Post Date/Time: March 14, 2024, 5:00P.M.
CCD:610-70\h:\common\agenda\2024\03-19-24.docx