Meeting
City Council
REGULAR MEETING
Tuesday, April 09, 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
Alexandra South, Strategic Communications/Public Affairs Dir.
Jeff Shea, Fire Chief
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:
California Department of Housing and Community Development vs. Shangri-La Industries, et al., Los Angeles County Superior Court Case Number: 24STCV00629; Pursuant to Government Code Section 54956.9(a).
B.
CONFERENCE WITH LEGAL COUNSEL – Pending Litigation:
F. Roberts Construction Inc. vs. Shangri-La Industries, LLC, et al., Ventura County Superior Court Case Number: 2023CUBC018021; 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.
Arbor Earth Day 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 March 27, 2024, and April 3, 2024; approve April 10, 2024, and April 17, 2024, subject to review and ratification B.
Minutes of City Council meeting of March 26, 2024
RECOMMENDATION:
Approve
03-26-2024 Draft Minutes
4-9-24 Supplemental Information Packet
C.
City External Financial Auditor Services Contract Amendment RECOMMENDATION:
1. Approve First Amendment to Contract No. 11747-2018 with Rogers, Anderson, Malody & Scott, LLP (RAMS) of San Bernardino, CA in the amount of $361,400 for Professional Financial Audit Services for a four-year extension to expire April 30, 2028, with a not-to-exceed amount of $924,190.
2. Authorize expenditure in the amount of $103,300 in FY 2024-25 as follows: $96,300 ($81,300 for audit services and $15,000 for extra services) from A/C #001-3110-612-5210 (General Fund Financial/Audit), $5,400 from A/C #001-4410-641-5210 (General Fund Financial/Audit), and $1,600 from A/C #165-4630-644-5210 (Housing Successor Agency Fund Financial/Audit).
3. Authorize budget appropriation in the amount of $6,300 in FY 2024-25 from A/C #001-0000-311-1000 (General Fund – Fund Balance) to A/C #001-3110-612-5210 (General Fund Financial/Audit).
4. Find that this action is not a project as defined under section 15378(b)(5) of the California Environmental Quality Act.
Staff Report
Attachment 1 Financial Audit Services Amendment
D.
Wendy Drive Sewer Main Replacement Project (CI 5744)
RECOMMENDATION:
1. Reject all bids received on February 21, 2024.
2. Authorize staff to re-advertise the Wendy Drive Sewer Main Replacement Project (CI 5744) for new construction bids.
3. 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.
First Amendment to Multi-Agency Agreement for Weed Abatement Services RECOMMENDATION:
1. Approve First Amendment to Contract No. 12670-2021 with The Standard. Construction dba SoCal Brush (Newbury Park, CA) to add $136,722.10 in scheduled services and $294,000.00 in extra services, with a revised not-to-exceed amount of $1,490,009.35.
2. Authorize budget appropriation in the amount of $20,000 in FY 2023-24 from A/C #142-0000-311-1000 (Landscape Assessment District Fund Balance) to A/C #142-5630-632-5611 (Landscape Assessment District Fund Contracted Services (Private)/Weed Abatement).
3. Authorize budget appropriation in the amount of $25,000 in FY 2024-25 from A/C #142-0000-311-1000 (Landscape Assessment District Fund Balance) to A/C #142-5630-632-5611 (Landscape Assessment District Fund Contracted Services (Private)/Weed Abatement).
4. Authorize additional expenditure in the total amount of $26,534.66 in FY 2023-24 as follows: $18,330.93 from A/C #142-5630-632-5611 (Landscape Assessment District Fund Contracted Services (Private)/Weed Abatement); and $8,203.73 from A/C #001-5630-632-5611 (Contracted Services (Private)/Weed Abatement) for scheduled services.
5. Authorize additional expenditure in the total amount of $30,979.71 in FY 2024-25 as follows: $21,438.34 from A/C #142-5630-632-5611 (Landscape Assessment District Fund/Weed Abatement Services); and $9,541.37 from A/C #001-5630-632-5611 (Contracted Services (Private)/Weed Abatement) for scheduled services.
6. Authorize additional expenditure in the total amount of $75,000 from A/C #142-5630-632-5611 (Landscape Assessment District Fund/Weed Abatement Services) and A/C #001-5630-632-5611 (Contracted Services (Private)/Weed Abatement) as available for extra services.
7. Find that this action is not a project as defined under the California Environmental Quality Act Staff Report
Attachment 1 First Amendment to Contract No 12670 2021
F.
Thousand Oaks Boulevard Wastewater Pipe and Maintenance Hole Lining Project (CI 5686) RECOMMENDATION:
1. Re-authorize staff to advertise the Thousand Oaks Boulevard Wastewater Pipe and Maintenance Hole Lining Project (CI 5686) for construction bids.
2. 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
G.
Thousand Oaks Boulevard Landscape Improvements (CI 5653) RECOMMENDATION:
1. Approve Professional Services Agreement with D&D Engineering, Inc. (North Hollywood, CA) for engineering and design services of the Thousand Oaks Boulevard Landscape Improvements Project (CI 5653), in a not-to-exceed amount of $295,715, plus extra services of $29,175, with a term ending June 30, 2025.
2. Approve budget transfer in the amount of $51,000 from FY 2024-25 A/C #142-5310-632-8300 (CI 5653, Thousand Oaks Boulevard Landscape Improvements Project) to FY 2023-24, A/C #142-5310-632-8300(CI 5653, Thousand Oaks Boulevard Landscape Improvements Project).
3. Authorize expenditure in the amount of $329,890 ($295,715 Agreement, plus extra services of $29,175, and $5,000 City Furnished Materials and Supplies) from A/C #142-5310-632-8300 (Thousand Oaks Boulevard Landscape Improvements, CI 5653).
4. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).
Staff Report
Attachment 1 Vicinity and Location Maps
Attachment 2 Professional Services Agreement with D and D Engineering H.
FY 2023-24 Community Environmental Enhancement Grant Recommendation RECOMMENDATION:
1. Approve Community Environmental Enhancement Grant (CEEG) for Conejo Unified School District (CVUSD) on Behalf of Horizon Hills Parent Support Group Booster Club totaling $4,500.
2. Authorize the City Manager or designee to execute the CEEG agreement with the Grantee.
3. Authorize expenditure in the amount of $4,500 in FY 2023-24 from A/C #632-8420-682-5920 (NC0104, Community Enhancement Fund/Grants) for CEEG.
4. Find that this action is not a project as defined under the California Environmental Quality Act.
Staff Report
I.
ORDINANCE FOR SECOND READING:
ORDINANCE AMENDING THOUSAND OAKS MUNICIPAL CODE RELATING TO OFFICIAL ZONING MAP BY CHANGING ZONING CLASSIFICATION AT PROPERTY LOCATED AT 400 EAST ROLLING OAKS AND 355 WEST JANSS ROAD (ZONE CHANGE 2022-70733-Z) (Introduced 3/26/2024; 4-1, Newman dissenting) 1728-NS
RECOMMENDATION:
Adopt
Ord No 1728-NS - MCA 2022-70733-Z Zoning Map Change 400 E Rolling Oaks and 355 West Janss Road
10. PUBLIC HEARINGS:
A.
Municipal Code Amendments Regarding Emergency Shelters and Large-Family Day Care Homes ORDINANCE AMENDING THOUSAND OAKS MUNICIPAL CODE, TITLE 9 CHAPTER 4, ARTICLE 2 TO REDEFINE TERM SMALL AND LARGE FAMILY DAY CARE HOMES (MCA-2023-70007) 1ST READING
ORDINANCE AMENDING THOUSAND OAKS MUNICIPAL CODE, TITLE 9, CHAPTER 4, ARTICLE 2, BY INTRODUCING DEFINITION FOR LOW BARRIER NAVIGATION CENTER AND EXEMPTION TO RELATED TIME REFERENCE OF SIX MONTHS THAT UNHOUSED PERSON CAN REMAIN IN EMERGENCY SHELTER (MCA 2023-70008) 1ST READING
RECOMMENDATION:
1. Read ordinance in title only, further reading be waived, and if no objection, introduce ordinance to amend Thousand Oaks Municipal Code (TOMC) Sections 9-4.202 and 9-4.2104 related to “Residential Large-Family Daycare” in compliance with changes enacted under Senate Bill 234 (MCA-2023-70007).
2. Read ordinance in title only, further reading be waived, and if no objection, introduce ordinance to amend TOMC Section 9-4.202 related to definitions of “Emergency Shelters” in compliance with changes enacted under State law (MCA-2023-70008).
3. Find that approving municipal code amendments for changes to the City’s zoning code is an action exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of Title 14, Chapter 3 of the California Code of Regulations.
Staff Report
Attachment 1 PC Packet
Attachment 2 Ordinance
Attachment 3 Ordinance
11. STUDY SESSIONS:
A.
Climate and Environmental Action Plan (MI 2606)
RECOMMENDATION:
1. Receive information on the City’s draft 2024 Climate and Environmental Action Plan (CEAP) and its accompanying draft Initial Study - Negative Declaration (IS-ND) as presented at this Public Study Session and provide direction to staff.
2. Tentatively schedule a Public Hearing for May 7, 2024, to adopt the CEAP, and its accompanying draft IS-ND.
3. Find that this “Study Session” action is not a project as defined under the California Environmental Quality Act (CEQA).
Staff Report
Attachment 1 Draft Climate and Environmental Action Plan CEAP Attachment 2 Draft Appendices to the CEAP
Attachment 3 Draft Initial Study Negative Declaration ISND for CEAP Attachment 4 Notice of Intent to Adopt the Initial Study Negative Declaration for the Citys CEAP 4-9-24 Supplemental Information Packet
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 in memory of Brett Taylor, longtime dedicated community volunteer, to Regular Meeting April 23, 2024 Agenda Post Date/Time: April 4, 2024, 5:00P.M.
CCD:610-70\h:\common\agenda\2024\04-09-24.docx