Docusign Envelope ID: 6BFC37AB-0E8C-440E-9628-765691F10938
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California August 27, 2024
1. CALL TO ORDER: Mayor Al Adam called the meeting to order at 5:00 p.m. in Council Chambers, 2100 Thousand Oaks Boulevard, Thousand Oaks, California.
ROLL CALL:
Present: Councilmembers Engler, McNamee, Taylor, Newman, and Mayor Adam present in chambers.
Also present: City Manager Andrew P. Powers, City Attorney Tracy M. Noonan, Assistant City Manager Ingrid Hardy, Deputy City Manager Tim Giles, City Clerk Laura B. Maguire, Finance Director Jaime Boscarino, Community Development Director Kelvin Parker, Public Works Director Cliff Finley, Interim Human Resources Director Sharon Chen, Strategic Communications/Public Affairs Director Alexandra South, Police Chief Jeremy Paris, Chief Assistant City Attorney Patrick Hehir, Planning Division Manager Stephen Kearns, Senior Planner Scott Kolwitz, Economic Development Analyst Dusty Russell, Deputy Director of Cultural and Community Services Melissa Hurtado, Senior Administrative Specialist Whitney Luxenberger, Deputy City Clerk Sandra Delgado, Information Technology Supervisor Atanas Beltchev, Senior Video Production Specialist Richard Swingler, Senior Video Production Specialist Ryan Palmer, Assistant Analyst Christy Glaubke, and Senior Recording Secretary Dominga Zambrano.
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).
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).
City Attorney Noonan announced Closed Session held at 5:00 p.m.
4. CLOSED SESSION REPORT:
City Attorney Noonan announced there was nothing to report at 6:01 p.m.
PLEDGE OF ALLEGIANCE: Mayor Adam led the pledge of allegiance.
Docusign Envelope ID: 6BFC37AB-0E8C-440E-9628-765691F10938
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 2 August 27, 2024
AB 2449 ANNOUNCEMENTS/REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM: None.
SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. Community Funding Review Committee Recognition
Mayor Adam welcomed Community Funding Review Committee (CFRC) Chair Clyde Doheny who introduced other CFRC members to receive certificates in appreciation for their service on the committee.
B. Business Recognition Program
Mayor Adam introduced Economic Development Analyst Russell to announce Business Recognition Program award recipient Nourished with Kindness and presented a certificate to owner Alyssa Snow Callahan.
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): 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)
Speakers: Lauri Kamiel, Thousand Oaks; Eladio Quintero, Thousand Oaks; Robert Ayers, Thousand Oaks; Bonnie Clarfield-Bylin, Thousand Oaks; Janet Wall, Thousand Oaks (submitted document); James Dean, Newbury Park (submitted document); Jesus Martinez, Thousand Oaks; Dana Stangel, Newbury Park; Gary Hartung, Thousand Oaks (submitted document); Dan Twedt, Thousand Oaks; Joan Edwards, Thousand Oaks.
Written Statements: Gary Hartung, Thousand Oaks.
City Manager Powers addressed public comments.
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 Motion by Councilmember Engler to approve staff's recommendation.
Passed 5-0 by the following vote:
Ayes - Engler, McNamee, Taylor, Newman, Adam
Noes - None
Docusign Envelope ID: 6BFC37AB-0E8C-440E-9628-765691F10938
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California August 27, 2024
9. CONSENT CALENDAR: (Continued)
B. Minutes of City Council meeting of July 2, 2024
RECOMMENDATION:
Approve
Motion by Mayor Pro Tem Newman to approve staff's recommendation.
Passed 4-0 by the following vote:
Ayes - Engler, McNamee, Taylor, Adam
Noes - None
Abstain - Newman
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
Motion by Councilmember Engler to approve staff's recommendation.
Passed 5-0 by the following vote:
Ayes - Engler, McNamee, Taylor, Newman, Adam
Noes - None
Docusign Envelope ID: 6BFC37AB-0E8C-440E-9628-765691F10938
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California August 27, 2024
9. CONSENT CALENDAR: (Continued)
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
Motion by Councilmember Engler to approve staff's recommendation.
Passed 5-0 by the following vote:
Ayes - Engler, McNamee, Taylor, Newman, Adam
Noes - None
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
Motion by Councilmember Engler to approve staff's recommendation.
Passed 5-0 by the following vote:
Ayes - Engler, McNamee, Taylor, Newman, Adam
Noes - None
Docusign Envelope ID: 6BFC37AB-0E8C-440E-9628-765691F10938
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California August 27, 2024
CONSENT CALENDAR: (Continued)
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; $15,000 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 (Cl 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
Motion by Councilmember Engler to approve staff's recommendation.
Passed 5-0 by the following vote:
Ayes - Engler, McNamee, Taylor, Newman, Adam
Noes - None
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 (Cl 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 (Cl 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.
Docusign Envelope ID: 6BFC37AB-0E8C-440E-9628-765691F10938
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 6 August 27, 2024
CONSENT CALENDAR: (Continued)
G. Erbes Road Flood Mitigation Project (Cl 5655) (Continued) RECOMMENDATION: (Continued)
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- 0300 (Cl 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
Motion by Councilmember Engler to approve staff's recommendation.
Passed 5-0 by the following vote:
Ayes - Engler, McNamee, Taylor, Newman, Adam
Noes - None
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
Motion by Councilmember Engler to approve staff's recommendation.
Passed 5-0 by the following vote:
Ayes - Engler, McNamee, Taylor, Newman, Adam
Noes - None
Docusign Envelope ID: 6BFC37AB-0E8C-440E-9628-765691F10938
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 7 August 27, 2024
CONSENT CALENDAR: (Continued)
Purchase of Two Electric Vans for Dial-A-Ride Program (Cl 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
Motion by Councilmember Engler to approve staff's recommendation.
Passed 5-0 by the following vote:
Ayes - Engler, McNamee, Taylor, Newman, Adam
Noes - None
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, HCT 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
Motion by Councilmember Engler to approve staff's recommendation.
Passed 5-0 by the following vote:
Ayes - Engler, McNamee, Taylor, Newman, Adam
Noes - None
Docusign Envelope ID: 6BFC37AB-0E8C-440E-9628-765691F10938
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 8 August 27, 2024
9. CONSENT CALENDAR: (Continued)
K. Free Bus Fares Programs Reimbursement Agreement
RECOMMENDATION:
1. 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
Motion by Councilmember Engler to approve staff's recommendation.
Passed 5-0 by the following vote:
Ayes - Engler, McNamee, Taylor, Newman, Adam
Noes - None
Speaker: Faith Grant, Thousand Oaks.
Written Statements: None.
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) Docusign Envelope ID: 6BFC37AB-0E8C-440E-9628-765691F10938
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 9 August 27, 2024
12. DEPARTMENT REPORTS: (Continued)
Fore Green Development, LLC - General Plan and Academy Business Park Specific Plan Amendments Initiation (Continued)
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)
RES. NO. 2024-028
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
Presented by Senior Planner Kolwitz. City Attorney Noonan, City Manager Powers, and Planning Division Manager Kearns responded to questions.
Community Development Director Parker and Chief Assistant City Attorney Hehir available for questions. Additional information supplemental packet.
Speakers: Charles Cohen, Thousand Oaks; Jackson Piper, Newbury Park; Clint Fultz, Thousand Oaks; Tom Cohen, Thousand Oaks.
Written Statements: None.
Docusign Envelope ID: 6BFC37AB-0E8C-440E-9628-765691F10938
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California August 27, 2024
12. DEPARTMENT REPORTS: (Continued)
A. Fore Green Development, LLC - General Plan and Academy Business Park Specific Plan Amendments Initiation (Continued)
Motion by Councilmember McNamee to approve Recommendations #1, #2a, and #3.
Failed 1-4 by the following vote:
Ayes - McNamee
Noes - Engler, Taylor, Newman, Adam
Motion by Councilmember Engler to approve Recommendations #1, #2b, and Passed 4-1 by the following vote:
Ayes - Engler, Taylor, Newman, Adam
Noes - McNamee
13. COMMITTEE/COMISSION/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 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
Presented by Councilmember Taylor.
Speaker/Written Statement: None.
Motion by Councilmember Engler to approve staff's recommendation.
Passed 5-0 by the following vote:
Ayes - Engler, McNamee, Taylor, Newman, Adam
Noes - None
Docusign Envelope ID: 6BFC37AB-0E8C-440E-9628-765691F10938
MINUTES OF THE CITY COUNCIL
Thousand Oaks, California August 27, 2024
16. CITY MANAGER:
A. Announcements and upcoming issues
City Manager Powers provided an update on the September 10, 2024, City Council meeting.
17. PUBLIC NOTICES: None.
18. ADJOURNMENT: City Council adjourned in memory of distinguished community members Marilyn Carpenter, former Planning Commissioner, and Harry Selvin, former Cultural Affairs Commissioner, at 8:06 p.m. to Regular Meeting on September 10, 2024. • DocuSigned by:
Al Adam
-4D34F3913A494E...
Al Adam, Mayor
City of Thousand Oaks City Council
Attest:
• DocuSigned by:
7F1B1047E208490...
Laura B. Maguire, City Clerk
City of Thousand Oaks City Council
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.
CCD:610-70\h:lcommonlminutes\2024\08-27-24 minutes.docx