Meeting
City Council
REGULAR MEETING
Tuesday, September 10, 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).
4. CLOSED SESSION REPORT:
5. PLEDGE OF ALLEGIANCE: Remembrance of September 11, 2001
6. AB 2449 ANNOUNCEMENTS/REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
7. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A.
Proclamation of September as National Emergency Preparedness Month
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 August 28, 2024, and September 4, 2024; approve September 11, 2024, and September 18, 2024, subject to review and ratification B.
Minutes of City Council meeting of August 27, 2024
RECOMMENDATION:
Approve
08-27-2024 Draft Minutes
C.
Amendments to Transit Operator Agreements with MV Transportation, Inc.
RECOMMENDATION:
1. Approve Fourth Amendment with MV Transportation, Inc. (MV) (Dallas, TX) for a two-year agreement extension through June 30, 2027, for Contract No. 12072-2019 Transit Operations for Fixed Route Bus and Dial-A-Ride (DAR) demand response services, increasing the not-to-exceed amount by $14,859,914.75 for a total not-to-exceed amount of $43,038,278.75.
2. Approve budget appropriation and expense in the amount of $1,578,364 from A/C #651-0000-341-9900 (Transportation Fund, Net Position) as follows: $500,000 to A/C #651-5550-682-5650 (Transportation Fund, Contracted Services, Private) and $1,078,364 to A/C #651-5540-682-5650 (Transportation Fund, Contracted Services, Private) for FY 2024-25.
3. Approve Second Amendment to Thousand Oaks Transportation Center Lease with MV for a two-year lease extension through June 30, 2027, for Contract No. 12073-2019.
4. Approve Second Amendment to Municipal Service Center Ground Lease with MV for a two-year lease extension through June 30, 2027, for Contract No. 12074-2019, with MV.
5. 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 Fourth Amendment MV Operator Agreement
Attachment 2 Second Amendment MV TOTC Lease
Attachment 3 Second Amendment MV MSC Lease
D.
Roadway Fence Replacement Project (CI 5435)
RECOMMENDATION:
1. Approve the project design, plans, and specifications for the construction of the Roadway Fence Replacement Project (CI 5435).
2. Reject Guy Construction bid protest appeal dated August 8, 2024.
3. Award construction contract to Blackpointe Group Construction and Management, Inc. (Blackpointe) (Moorpark, CA), in the amount of $213,505, plus a contingency of $21,000.
4. Authorize expenditure in the amount of $237,505 ($213,505 construction contract; $21,000 construction contingency; and $3,000 for City furnished materials and supplies) from A/C #142-5630-632-8300 Roadway Fence Replacement Project (CI 5435).
5. 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 approved contingency amount.
6. Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15302.
LEVINE ACT ITEM: No
Staff Report
Attachment 1 Vicinity and Location Maps
Attachment 2 Bid Protest Letter from Guy Construction
Attachment 3 Bid Protest Rejection Letter to Guy Construction Attachment 4 Bid Protest Rejection Appeal from Guy Construction E.
Westlake Boulevard Flood Damage Mitigation Project (CI 5590) RECOMMENDATION:
1. Approve the project design, plans, specifications, and Addendum No. 1 for the construction of the Westlake Boulevard Flood Mitigation Project (CI 5590).
2. Award construction contract for Westlake Boulevard Flood Damage Mitigation Project to Beador Construction Company, Inc. (Beador) (Costa Mesa, CA) in the amount of $1,094,700, plus a contingency of $110,000.
3. Approve Third Amendment to Professional Services Agreement (Contract No. 13168-2023) with NextGen Engineers, Inc. (NextGen) (Tucson, AZ) for engineering support services during construction of the Westlake Boulevard Flood Damage Mitigation Project (CI 5590) in the amount of $40,765, for a revised not-to-exceed amount of $228,304, plus $4,100 for extra services, and agreement time extension to December 31, 2025.
4. Authorize expenditure in the amount of $1,284,565 ($1,094,700 construction contract; $110,000 construction contingency; $40,765 third amendment for construction phase support services; $4,100 for extra services; $35,000 for material testing and inspection (future task order); as follows: $321,141 from A/C #001-5210-631-8300; $963,424 from A/C #183-5210-631-8300.
5. 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 amount.
6. 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 Westlake Bloulevard Flood Damage Mitigation Concept Plan Attachment 3 Third Amendment to NextGen Agreement No 13168 2023 F.
Thousand Oaks Boulevard Wastewater Pipe and Maintenance Hole Lining Project (CI 5686) RECOMMENDATION:
1. Approve the project design, plans, specifications, and Addendum No. 1 for the construction of the Thousand Oaks Boulevard (TOB) Wastewater Pipe and Maintenance Hole Lining Project (CI 5686).
2. Award construction contract to Southwest Pipeline and Trenchless Corp. (Southwest) (Torrance, CA) in the amount of $4,034,427, plus a contingency of $400,000.
3. Authorize expense in the amount of $4,439,427 ($4,034,427 construction contract; $400,000 construction contingency; and $5,000 City furnished materials and supplies) from A/C #624-8220-682-8300 (Wastewater Capital Improvements, CI 5686).
4. 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 amount.
5. Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.
LEVINE ACT ITEM: No
Staff Report
Attachment 1 Vicinity and Location Maps
G.
Citywide Bus Shelter Enhancements (CI 5607)
RECOMMENDATION:
1. Authorize the purchase of transit bus shelters and accessory equipment (CI 5607) for the Thousand Oaks Transit (TOT) Program in an amount not to exceed $689,703.30 from Tolar Manufacturing (Tolar) (Corona, CA).
2. Authorize expense in the amount of $689,703.30 from A/C #651-5540-685-8400 (Transportation Fund - Equipment $5,000 or More, CI 5607) for FY 2024-25.
3. Find that the project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15311.
LEVINE ACT ITEM: No
Staff Report
H.
Cooperative Purchasing Agreement for Tires, Tubes, and Services RECOMMENDATION:
1. Approve use of cooperative purchasing agreement and execute the Participating Addendum with National Association of State Procurement Officials (NASPO) ValuePoint Cooperative Master Agreement No. 24155 for Tires, Tubes, and Services from Goodyear Tire & Rubber Company’s authorized dealer, Daniel’s Tire Service (Oxnard, CA). Contract term is through June 30, 2027, with three one-year automatic extensions through June 30, 2030.
2. Authorize expenditure of a not-to-exceed amount of $200,000 annually from A/C #001-5640-631-3512 (General Fund/Fleet Parts and Materials).
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 State of Iowa RFP
Attachment 2 State of Iowa Contract No 24155
Attachment 3 Participating Addendum to NASPO ValuePoint Cooperative Master Agreement No 24155 I.
Water and Wastewater Rate Consultant Agreement
RECOMMENDATION:
1. Award six-year agreement with two optional, two-year extensions to Water Resources Economics (Culver City, CA), beginning September 10, 2024, through December 31, 2030, with two two-year options to extend the agreement through December 31, 2034, for a not-to-exceed amount of $415,000.
2. Authorize expense in the amount of $104,320 in FY 2024-25 as follows: $38,720 from A/C #611-5010-682-5299 (Water Fund, Financial) and $65,600 from A/C #621-5010-682-5299 (Wastewater Fund, Financial).
3. Approve budget appropriation in FY 2024-25 in the amount of $89,320 as follows: $33,720 from A/C #611-0000-341-9900 (Water Fund, Net Position) to A/C #611-5010-682-5299 (Water Fund, Financial) and $55,600 from A/C #621-0000-341-9900 (Wastewater Fund, Net Position) to A/C #621-5010-682-5299 (Wastewater Fund, Financial) for consultant contract costs.
4. Find that this action is not a project as defined under the California Environmental Quality Act.
LEVINE ACT ITEM: Yes
Staff Report
Attachment 1 WT WW Rate Consultant Agreement
J.
Arts and Culture Roundtable Appointments
RECOMMENDATION:
1. Approve reappointment of Ed Smart to the Arts and Culture Roundtable for a two-year term, expiring June 30, 2026.
2. Approve appointment of Jessica Murphy to the Arts and Culture Roundtable for a two-year term, expiring June 30, 2026.
3. Find that this action is not a project under the California Environmental Quality Act.
LEVINE ACT ITEM: No
Staff Report
Attachment 1 ACR Appointments
10. PUBLIC HEARINGS:
A.
CDBG Program Year 2023-24 Consolidated Annual Performance and Evaluation Report RECOMMENDATION:
1. Find that the Program Year (PY) 2023-24 Consolidated Annual Performance and Evaluation Report (CAPER) qualifies for a Categorical Exemption under the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15061(b)(3), Common Sense Exemption.
2. Approve PY 2023-24 CAPER for submittal to the U.S. Department of Housing and Urban Development (HUD).
LEVINE ACT ITEM: No
Staff Report
Attachment 1 CDBG Grants
Attachment 2 CDBG Summary
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: None
16. CITY MANAGER:
A.
Announcements and upcoming issues
17. PUBLIC NOTICES: None
18. ADJOURNMENT: Adjourn to Regular Meeting September 24, 2024 Agenda Post Date/Time: Sep 5, 2024, 5:00P.M.
CCD:610-70\h:\common\agenda\2024\09-10-24.docx