Meeting
City Council
REGULAR MEETING
Tuesday, August 27, 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
Tim Giles, Deputy City Manager
Jaime Boscarino, Finance Dir./City Treasurer
Kelvin Parker, Community Development Director
Clifford G. Finley, Public Works Director
Laura B. Maguire, City Clerk
Sharon Chen, Interim Human Resources Director
Jonathan Serret, Cultural & Community Services Director Alexandra South, Strategic Communications/Public Affairs Dir.
Jim Friedl, General Manager, CRPD
Jeremy Paris, Police Chief
Jeff Shea, Fire 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
. 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 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. 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]
. Notification 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:
Ashraf Shahsawarzadeh vs. City of Thousand Oaks, et al., Ventura County Superior Court Case Number: 2023CUPP007741; 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.
Community Funding Review Committee Recognition
B.
Business Recognition Program
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 July 3, 2024, July 10, 2024, July 17, 2024, July 24, 2024, July 31, 2024, August 7, 2024, August 14, 2024, and August 21, 2024; approve August 28, 2024, and September 4, 2024, subject to review and ratification B.
Minutes of City Council meeting of July 2, 2024
RECOMMENDATION:
Approve
07-02-2024 Draft Minutes
C.
2024 League of California Cities Annual Conference Business Meeting; Voting Delegate and Alternates RECOMMENDATION:
1. Designate Mayor Pro Tem David Newman as Voting Delegate and designate Councilmember Bob Engler and Legislative Affairs Manager Mina Layba as Alternate Voting Delegates to represent the City at the 2024 League of California Cities (Cal Cities) Annual Conference Business Meeting, scheduled for October 18, 2024.
2. Direct Legislative Affairs Manager to submit 2024 Annual Conference Voting Delegate Alternate Form to Cal Cities online portal by the September 25, 2024, deadline attesting City Council Action taken to approve delegates
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 2024 Voting Delegate Information
D.
Council on Aging Appointment
RECOMMENDATION:
1. Approve Council on Aging appointment of Elizabeth Bianchino to serve a two-year term ending July 2026.
2. Find that this action is not a project as defined in the California Environmental Quality Act.
LEVINE ACT ITEM: No
Staff Report
Attachment 1 Application
E.
Community Funding Review Committee Appointments
RECOMMENDATION:
1. Approve Community Funding Review Committee appointments of Susan Bender, Kelli Mutchler, and Elizabeth Olson to serve three-year terms ending July 2027.
2. Approve Community Funding Review Committee reappointments of Clyde Doheney and Kyle Rohrbach to serve three-year terms ending July 2027.
3. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).
LEVINE ACT ITEM: No
Staff Report
Attachment 1 Applications
F.
Econolite Control Products Sole Source Designation
RECOMMENDATION:
1. Approve a sole source designation for material and products for the maintenance of traffic signals from Econolite Control Products Incorporated (Anaheim, CA) in the not to exceed amount of $200,000 for FY 2024-25.
2. Authorize expenditure in the amount of $200,000 in FY 2024-25 as follows; $75,000 from A/C #141-5570-631-5500 and $50,000 from A/C #141-5570-631-8400 (MI 2615 Signal Equipment Upgrades/Maintenance), $10,000 from A/C #001-5560-631-5500 (MI 2033 Intersection Safety Improvements), $60,000 from A/C #141-5570-631-8400 (CI 5601 Traffic Signal Cabinet Replacement) and $50,000 from A/C #141-5570-631-8300 (CI 5604 Traffic Signal Modifications and Upgrades), all collectively not to exceed $200,000.
3. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).
LEVINE ACT ITEM: Yes
Staff Report
G.
Erbes Road Flood Mitigation Project (CI 5655)
RECOMMENDATION:
1. Approve the project design, plans, specifications, and Addendum No. 1 for the construction of the Erbes Road Flood Mitigation Project (CI 5655).
2. Award construction contract for Erbes Road Flood Mitigation Project to FS Construction, Inc. (FSC), (Sylmar, CA) in the amount of $600,545, plus a contingency of $60,100.
3. Approve Third Amendment to the Professional Services Agreement (Contract No. 13170-2023) with NextGen Engineers, Inc. (NextGen), (Tucson, AZ) for engineering support services during the construction of the Erbes Road Flood Mitigation Project (CI 5655) in the amount of $36,695, for a revised not-to-exceed amount of $188,477, plus $3,700 for extra services, and agreement time extension to December 31, 2025.
4. Approve budget appropriation in the amount of $67,825 from A/C #183-0000-311-1000 (Street/Transportation Grants Fund Balance) to A/C #183-5310-631-8300 (CI 5655, Erbes Road Flood Mitigation Project).
5. Authorize expenditure in the amount of $736,040 ($600,545 construction contract; $60,100 construction contingency; $36,695 third amendment for construction phase support services; $3,700 for extra services; and $35,000 for material testing and inspection (future task order); as follows: $124,645 from A/C #001-5310-631-8300 (CI 5655, Erbes Road Flood Mitigation Project); $611,395 from A/C #183-5310-631-8300 (CI 5655, Erbes Road Flood Mitigation Project).
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 15303(d).
LEVINE ACT ITEM: Yes
Staff Report
Attachment 1 Vicinity and Location Maps
Attachment 2 Erbes Road Flood Concept Plan
Attachment 3 Third Amendment to Nextgen Engineering Agreement No 13170 2023 tlf H.
Trillium Compressed Natural Gas Purchases in FY 2023-24 RECOMMENDATION:
1. Approve $6,688 increase in annual not-to-exceed amount from $304,500 to $311,188 and additional expenditure in the amount of $6,688 from A/C #001-5640-631-3510 (General Fund, Vehicle Fuel) for Compressed Natural Gas (CNG) purchases and equipment maintenance in FY 2023-24 under existing five-year Operations and Maintenance Services Agreement No. 12709-2021 with Trillium USA Company, LLC (Trillium) (Houston, TX).
2. Find that this action is not a project as defined under the California Environmental Quality Act.
LEVINE ACT ITEM: Yes
Staff Report
Attachment 1 Levine Act Disclosure Form
I.
Purchase of Two Electric Vans for Dial-A-Ride Program (CI 5719) RECOMMENDATION:
1. Approve a “piggyback” purchase agreement with the California Association for Coordinated Transportation/Morongo Basin Transit Authority (CALACT/MBTA) and award a contract to A-Z Bus Sales, Inc. (Colton, CA), for the purchase of two Ford E-Transit 350 Cargo Electric Vans (Class Z-1) for the replacement of assets #5550-021 and #5550-023 with a total cost of $426,602.04, as part of EV Dial-A-Ride Vans Project (CI 5719).
2. Approve expense in FY 2024-25 in the amount of $426,602.04 from A/C #651-5550-685-8400 (CI 5719, Equipment $5,000 or More).
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 CALACT Letter of Assignment 20 01 1059
Attachment 2 AZ Bus Sales Quote
J.
Hill Canyon Treatment Plant Tertiary Filter Rehabilitation Project (MI 2590) RECOMMENDATION:
1. Approve First Amendment to Professional Services Agreement No.13412-2023 with HDR Engineering, Inc. (HDR), (Los Angeles, CA) for additional design and engineering services on the Hill Canyon Treatment Plant (HCTP) Tertiary Filter Rehabilitation Project (MI 2590) in the amount of $462,970 for a revised not-to-exceed amount of $823,760 and extend the term of the agreement to December 31, 2025.
2. Authorize expense in the amount of $509,170 ($462,970 for the First Amendment, plus extra services of $46,200) from A/C #624-8250-682-5500 (MI 2590, HCTP Tertiary Filter Rehabilitation Project).
3. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).
LEVINE ACT ITEM: Yes
Staff Report
Attachment 1 Vicinity and Location Maps
Attachment 2 First Amendment to Agreement 13412 2023 with HDR Engineering Inc K.
Free Bus Fares Programs Reimbursement Agreement
RECOMMENDATION:
Approve Reimbursement Agreement with the Ventura County Transportation Commission and other Transit Operators to continue City participation in the countywide Free Fare Program and authorize the City Manager to sign future amendments to the agreement.
Terminate previous Agreement No. 13137-2022 with Ventura County Transportation Commission and other Transit Operators for College and Youth Ride Free Reimbursement.
Find that this action is not a project as defined under the California Environmental Quality Act.
LEVINE ACT ITEM: No
Staff Report
Attachment 1 Reimbursement Agreement
10. PUBLIC HEARINGS: None
11. STUDY SESSIONS: None
12. DEPARTMENT REPORTS:
A.
Fore Green Development, LLC – General Plan and Academy Business Park Specific Plan Amendments Initiation RESOLUTION INITIATING A GENERAL PLAN AMENDMENT AND SPECIFIC PLAN AMENDMENT AND AUTHORIZING concurrent processing of entitlement applications FOR LAND LOCATED at the northern terminus of academy drive northerly of hillcrest drive ( APNs
:
667-0-051-575; 667-0-051-585; & 667-0-051-595)
(
GP-2024-70001 & SP-2024-70002
:
FORE DEVELOPMENT – ACADEMY BUSINESS PARK
)
RESOLUTION
DENYING THE REQUEST TO INITIATE A GENERAL PLAN AMENDMENT AND SPECIFIC PLAN AMENDMENT AND concurrent processing of entitlement applications FOR LAND LOCATED at the northern terminus of academy drive northerly of hillcrest drive ( APNs
:
667-0-051-575; 667-0-051-585; & 667-0-051-595)
(
GP-2024-70001 & SP-2024-70002
:
FORE DEVELOPMENT – ACADEMY BUSINESS PARK
)
RECOMMENDATION:
1. Receive request.
2. Provide direction. Options include:
a. Adopt resolution to initiate the study and processing for consideration of a General Plan Amendment and Academy Business Park Specific Plan (SP 13) Amendment to study redesignating the land use designation of Light Industrial to Neighborhood High (>20 to 30 units/acre) and corresponding zoning for an approximately 80-acre site to accommodate approximately 33 acres of residential uses and approximately 47 acres for open space located at the northern terminus of Academy Drive northerly of Hillcrest Drive and authorize concurrent processing of legislative actions and project entitlements. or
b. Adopt resolution to deny the initiation of the General Plan Amendment, Specific Plan Amendment, and concurrent processing of legislative actions and project entitlements without prejudice to a subsequent application when conditions exist which might justify consideration of the requested changes.
3. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).
LEVINE ACT ITEM: Yes
Staff Report
Attachment 1 Vicinity Map
Attachment 2 Location Map
Attachment 3 Aerial Photograph
Attachment 4 Applicants General Plan Amendment and Specific Plan Amendment Intent Attachment 5 Resolution Initiate
Attachment 6 Resolution Deny
08-27-24 Supplemental Information Packet
13. COMMITTEE/COMMISSION/BOARD REPORTS:
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 on July 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
16. CITY MANAGER:
A.
Announcements and upcoming issues
17. PUBLIC NOTICES: None
18. ADJOURNMENT: Adjourn in memory of distinguished community members Marilyn Carpenter, former Planning Commissioner, and Harry Selvin, former Cultural Affairs Commissioner, to Regular Meeting September 10, 2024 Agenda Post Date/Time: Aug 27, 2024, 5:00P.M.
CCD:610-70\h:\common\agenda\2024\08-27-24.docx