Meeting
City Council
REGULAR MEETING
Tuesday, May 07, 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
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:
AMERICANS WITH DISABILITIES ACT (ADA)
:
In compliance with 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 prior to the meeting.
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
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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.
DISCLOSURE OF CAMPAIGN CONTRIBUTIONS/LEVINE ACT/GOVERNMENT CODE SECTION 84308 :
Pursuant to Government Code section 84308, City Councilmembers are disqualified from participating in any Agenda item involving contracts (excluding competitively bid, labor, and personal employment contracts), franchise agreements, discretionary land use entitlements, and other permits, licenses and entitlements if the Councilmember received more than $250 (aggregated) in campaign contributions from the applicant or party, an agent of the applicant/party, or any financially interested participant who actively supports or opposes the matter on the Agenda within the preceding 12 months.
Financially-interested participants include those with (i) an interest in property located within 500 feet of the property at issue on the Agenda, (ii) an economic interest in a business entity that may be impacted as a result of the decision, or (iii) a business relationship with the applicant/contractor that may result in additional services provided to the applicant/contractor.
Councilmembers who have received campaign contributions totaling more than $250 (aggregated) are required to publicly disclose that fact for the official record of that Agenda item and are prohibited from making, participating in the making, or attempting to influence any decision on that Agenda item.
PUBLIC PARTY & PARTICIPANT DISCLOSURE OBLIGATIONS
:
Applicants, parties, and their agents who have made campaign contributions totaling more than $250 (aggregated) to a Councilmember within the preceding 12 months must publicly disclose that fact for the official record of that Agenda item. Disclosures must include the amount of the campaign contribution and identify the recipient Councilmember. The disclosure may be made either in writing to the City Clerk prior to the Agenda item consideration, or by verbal disclosure at the time of the Agenda item consideration.
Financially-interested participants are strongly urged to disclose on the record of that Agenda item any contribution of more than $250 (aggregated) made by them or their agent to any Councilmember within the preceding 12 months.
The foregoing statements do not constitute legal advice, and parties and participants are urged to consult with their own legal counsel regarding the requirements of the law.
City Council Agenda items subject to the Levine Act are marked with the following notation on the Agenda:
LEVINE ACT ITEM
: Yes
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. The Brown Act prohibits a person from having to register to atend 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.
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).
C.
CONFERENCE WITH LEGAL COUNSEL – Pending Litigation:
Consolidated Electric Distributors, Inc., et al. vs. Keough Electric Corp, et al., Ventura County Superior Court Case Number: 2024CLBC022986; 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.
Older Americans Month Proclamation
B.
Public Works Week Proclamation
C.
Building and Safety Month 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 April 24, 2024, and May 1, 2024; approve May 8, 2024, and May 15, 2024, subject to review and ratification B.
Minutes of City Council meeting of April 23, 2024
RECOMMENDATION:
Approve
04-23-2024 Draft Minutes
C.
Business Tax Licensing Software and Discovery and Audit Services Agreement RECOMMENDATION:
1. Approve a five-year agreement with Hinderliter de Llamas and Associates, Inc. (HdL) of Brea, CA beginning June 1, 2024, through June 1, 2029, for an amount not-to-exceed $175,000.
2. Approve a single-source designation for HdL, of Brea, CA for the Business Tax Licensing Software and Discovery and Audit Services Agreement.
3. Authorize expenditure in the amount of $6,000 for FY 2023-24 and $24,000 for FY 2024-25 from A/C #001-3310-612-4300 (General Fund, Software Maintenance) and $5,000 for FY 2023-24 and $5,000 for FY 2024-25 from A/C #001-3310-612-5221 (General Fund, Collection Services).
4. Approve budget appropriation in FY 2024-25 in the amount of $200,000 from A/C #001-0000-411-1000 (General Fund Revenue, Business Taxes) to A/C #001-0000-311-0000 (General Fund, Fund Balance) for business tax revenue from the discovery and audit program.
5. Approve additional budget appropriation in the amount of $70,000 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001-0000-411-9900 (General Fund, Contra Revenue/Audit Exp) for FY 2024-25.
6. Find that this action is not a project as defined under the California Environmental Quality Act.
LEVINE ACT ITEM: Yes
Staff Report
Attachment 1 Business Tax Licensing Software and Discovery and Audit Services Agreement D.
Fleet Management Software Upgrade
RECOMMENDATION:
1. Award Professional Services Agreement to TT Faster LLC, dba FASTER Asset Solutions of Virginia Beach, VA, for the upgrade of FASTER WIN Solutions software to the FASTER WEB Solutions, and the addition of Samsara Telematics, effective May 7, 2024, through May 31, 2029, for a total not-to-exceed amount of $496,493.20.
2. Approve a single-source designation to TT Faster LLC, dba FASTER Asset Solutions for the FASTER WEB Solutions including Samsara Telematics.
3. Authorize expenditure in the total amount of $210,945.00 in FY 2023-24 from the following accounts: $139,557.95 from A/C #001-5640-631-3122 (Fleet - Computer Software License), $30,896 from A/C #001-5640-631-4300 (Fleet - Computer Software Maintenance) and $40,491.05 from A/C #001-5640-631-3516 (Vehicle Expense/GPS Telemetry).
4. Authorize expenditure in the total amount of $71,387.05 in FY 2024-25 from the following accounts: $30,896 from A/C #001-5640-631-4300 (Fleet - Computer Software Maintenance); and $40,491.05 from A/C #001-5640-631-3516 (Vehicle Expense/GPS Telemetry).
5. Find that this action is not a project as defined under the California Environmental Quality Act.
LEVINE ACT ITEM: Yes
Staff Report
Attachment 1 FASTER Asset Solutions Agreement
E.
Landscape and Lighting Assessment District No 79-2 FY 2024- 25 Initiating Assessments RESOLUTION INITIATING PROCEEDINGS FOR ANNUAL LEVY OF ASSESSMENTS FOR THOUSAND OAKS LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 79-2 (FISCAL YEAR 2024-25) RESOLUTION DECLARING INTENTION TO LEVY ANNUAL ASSESSMENTS FOR THOUSAND OAKS LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 79-2 (FISCAL YEAR 2024-25) RESOLUTION CONFIRMING PRELIMINARY ENGINEER’S REPORT FOR ANNUAL LEVY OF ASSESSMENTS FOR THOUSAND OAKS LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 79-2 (FISCAL YEAR 2024-25) RECOMMENDATION:
1. Adopt resolutions to initiate assessment proceedings, declare intention to levy annual assessments, approve Preliminary Engineer’s Report, and set public hearing date of June 4, 2024, for Landscape and Lighting Assessment District (LLAD) No. 79-2 FY 2024-25 Assessments.
2. Approve and Authorize the City Engineer to execute the agreement with Ventura County Auditor-Controller to place LLAD assessments on the Secured Tax Rolls and distribute Collections to the City pending receipt of Ventura County’s rates for FY 2024-25.
3. Find that this action is not a project as defined under the California Environmental Quality Act.
LEVINE ACT ITEM: No
Staff Report
Attachment 1 Overview of LLAD 79-2
Attachment 2 Preliminary Engineers Report
Attachment 3 Resolution Initiating Proceedings
Attachment 4 Resolution Declaring Intention to Levy Annual Assessment Attachment 5 Resolution Confirming Preliminary Engineers Report F.
Library Circulating Materials
RECOMMENDATION:
1. Authorize expenditure in an amount not to exceed $600,000 per vendor in FY 2023-24 for Library circulating materials (books, databases, periodicals, electronic books, audio books, etc.) from A/C #110-7220-673-3231 (Materials, Circulating Books) for the following vendors: Ingram Library Services LLC (St. Louis, MO), Overdrive Inc. (Cleveland, OH), Gale Cengage Learning Inc. (Farmington Hills, MI), Baker & Taylor Inc. (Atlanta, GA), Midwest Tape (Holland, OH), Ebsco (Ipswich, MA), Newsbank (Naples, FL), Proquest LLC (Ann Arbor, MI), Library Ideas (Fairfax, VA), Mango Languages (Farmington Hills, MI), and CALIFA Group (San Francisco, CA).
2. Find that this action is not a project as defined under the California Environmental Quality Act.
LEVINE ACT ITEM: Yes
Staff Report
G.
Lunch at the Library Summer 2024 Grant
RECOMMENDATION:
1. Authorize acceptance of the California State Library “Lunch at the Library” Summer 2024 Grant of $11,653 to provide enrichment pop-up programming at six summer meal sites.
2. Approve budget appropriation and expenditure in FY 2024-25 in the amount of $11,653 from A/C #110-0000-435-9900 (Other Revenue from State, Other Reimbursements) to A/C #110-7010-673-6930 (LL 2024, Library, Other Services, Special Programs).
3. Find that this action is not a project as defined under the California Environmental Quality Act.
LEVINE ACT ITEM: No
Staff Report
Attachment 1 Grant Award Letter
H.
Housing Element Resolution Finding Revision 2018-70723-HSG RESOLUTION APPROVING GENERAL PLAN AMENDMENT TO CITY’S GENERAL PLAN TO ADOPT UPDATED 2021-2029 HOUSING ELEMENT (HSG 2018-70723) AND RESCINDING RESOLUTION NO. 2023-066 RECOMMENDATION:
1. Find that the revised language in the resolution approving the 2021-2029 Housing Element Resolution is consistent with Resolution No. 2023-065, which certifies the Final Program EIR (SCH #2022060087) including a Mitigation Monitoring and Reporting Program, California Environmental Quality Act (CEQA) Findings of Fact, Statement of Overriding Considerations for the adoption of the General Plan 2045 and 2021-2029 Housing Element.
2. Adopt resolution approving the 2021-2029 Housing Element addressing the requirements of California Government Code Section 65580-65589.9 et seq. and rescinding Resolution No. 2023-066.
LEVINE ACT ITEM: No
Staff Report
Attachment 1 RESO HOUSING ELEMENT 2018 70723
Attachment 1 Exhibit A Housing Element
I.
Professional Services Agreement for Citywide Classification and Total Compensation Study RECOMMENDATION:
1. Approve Professional Services Agreement with Evergreen Solutions, LLC (Tallahassee, FL) for a Citywide Classification and Total Compensation Study, in a not-to-exceed amount of $120,000, with a term ending December 31, 2025.
2. Authorize expenditure in the amount of $120,000 from A/C #001-0510-612-5699 (Contracted Services).
3. Find that this action is not a project as defined under the California Environmental Quality Act.
LEVINE ACT ITEM: Yes
Staff Report
Attachment 1 Agreement
10. PUBLIC HEARINGS:
A.
FY 2024-25 Community Development Block Grant Action Plan RECOMMENDATION:
1. Find that the federally funded activities related to the FY 2024-25 Community Development Block Grant (CDBG) Action Plan qualify for a Categorical Exemption under the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15301, Existing Facilities, and Section 15061(b)(3), Common Sense Exemption.
2. Find that the federally funded activities related to the FY 2024-25 CDBG Action Plan qualify for the following National Environmental Policy Act (NEPA) exemptions: a) “Categorically Excluded Subject to 58.5 Statutory Worksheets” and activities are categorically excluded and subject to 24 CFR 58.35(a)(3)(i) or 24 CFR 58.35(a)(3)(ii) and activities converted to exempt under 24 CFR 58.34(a)(12); b) “Categorically Excluded Not Subject to 58.5” and are exempt under 24 CFR 58.35(b)(2) or 24 CFR 58.34(a)(4); and c) exempt from determination under 24 CFR 58.34(a)(3).
3. Approve for submittal to U.S. Department of Housing and Urban Development (HUD) FY 2024-25 CDBG Action Plan.
4. Approve budget appropriation in FY 2024-25 in the amount of $39,400 from A/C #120-0000-438-1000 (CDBG Fund Revenue - Federal Grants/CDBG) as follows: $38,400 to A/C #120-1010-644-5920 (CDBG Fund Expenditure - Consultant/Contractual Grants and Donations) and $1,000 to A/C #120-1010-644-6920 (CDBG Fund Expenditure - Administrative Costs).
5. Authorize City Manager to adjust the budget and proposed allocations if HUD revises the amount of the City’s FY 2024-25 CDBG grant; and authorize City Manager to finalize and execute grant agreements and related documents in connection with FY 2024-25 CDBG Action Plan.
LEVINE ACT ITEM: Yes
Staff Report
Att 1 CDBG Applications 2024
Att 2 CDBG Budget 2024
05-07-24 Supplemental Information Packet
11. STUDY SESSIONS: None
12. DEPARTMENT REPORTS:
A.
Ad Hoc City Council Campus Master Plan Committee – Plan Preliminary Design, Entitlement, and Environmental Services RECOMMENDATION:
1. Authorize advertisement of Request for Proposals/Qualifications for Preliminary Design, Entitlement, and Environmental Services for the Campus Master Plan Project.
2. Find that this action is not a project as defined under the California Environmental Quality Act.
LEVINE ACT ITEM: No
Staff Report
Attachment 1 Site Plan
Attachment 2 Rooftop Terrace
Attachment 3 Public Gathering Areas
Attachment 4 Proposed Program Uses
05-07-24 Supplemental Information Packet
05-07-24 Supplemental Information Packet #2
B.
Climate and Environmental Action Plan (MI 2606)
RESOLUTION ADOPTING THE 2024 CLIMATE AND ENVIRONMENTAL ACTION PLAN AND THE RELATED INITIAL STUDY –
NEGATIVE DECLARATION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) RECOMMENDATION:
Adopt resolution to approve the adoption of the Climate and Environmental Action Plan and the related Initial Study - Negative Declaration (IS-ND).
LEVINE ACT ITEM: No
Staff Report
Attachment 1 Climate and Environmental Action Plan
Attachment 2 Appendices to the Climate and Environmental Action Plan Attachment 3 Initial Study IS-ND for the CEAP
Attachment 4 Resolution to Adopt the IS-ND and the CEAP 05-07-24 Supplemental Information Packet
13. COMMITTEE/COMMISSION/BOARD REPORTS:
A.
FY 2024-25 Community Events Grant Recommendations
RECOMMENDATION:
1. Approve FY 2024-25 Community Events Grants totaling $89,712.68.
2. Authorize the City Manager or designee to execute Community Events Grant agreements with grantees.
3. Authorize expenditure in the amount of $89,712.68 in FY 2024-25 from A/C #001-1120-611-5920 (CF2025, CEG Grants/Donations) for Community Events Grants.
4. Find that this action is not a project as defined under the California Environmental Quality Act.
LEVINE ACT ITEM: Yes
Staff Report
Attach 1 Community Events Grant Award 7 Year History
Attch 2 FY 2024 25 Community Events Grant Award Recommendations
14. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
15. COUNCIL ISSUES/RECOMMENDATIONS:
A.
League of California Cities Leaders Summit - April 17-19, 2024 RECOMMENDATION:
1. Receive report.
2. Find that this action is not a project as defined under the California Environmental Quality Act.
LEVINE ACT ITEM: No
Staff Report
Attachment 1 Cal Cities 2024 Legislative Priorities
16. CITY MANAGER:
A.
Announcements and upcoming issues
17. PUBLIC NOTICES: None
18. ADJOURNMENT: Adjourn to Regular Meeting May 21, 2024 Agenda Post Date/Time: May 2, 2024, 5:00P.M.
CCD:610-40\h:\common\agenda\year\05-07-2024.docx