Meeting
City Council
REGULAR MEETING
Tuesday, October 22, 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.g
ov
. 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 cityclerk@toaks.
gov
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 interfere 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 cityclerk@toaks.
gov
. 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 cityclerk@toaks.
gov
. 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 – Existing Litigation:
Katelyn Clint vs. Fred Gessler and City of Thousand Oaks, Ventura County Superior Court Case Number: 2021CUPA00551445; 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.
Borderline Citywide Day of Remembrance (11/7)
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 October 9, 2024, and October 16, 2024; approve October 23, 2024, October 30, 2024, November 6, 2024, and November 13, 2024, subject to review and ratification LEVINE ACT ITEM: No
B.
Minutes of City Council meeting of October 8, 2024
RECOMMENDATION:
Approve
LEVINE ACT ITEM: No
10-08-2024 Draft Minutes
C.
Pump and Motor Services Agreements
RECOMMENDATION:
1. Award General Service Agreements to Vaughan’s Industrial Repair Co., Inc. (Vaughan’s), of Paramount, CA, and Powers Bros. Machine, Inc. (Powers Bros.) of Montebello, CA for as-needed Pump and Motor Services. Each agreement will have a three-year term ending on December 31, 2027, with two optional one-year extensions, a not-to-exceed amount of $900,000 over the lifetime of the agreement and individual projects capped at $60,000 each.
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 Vaughans Industrial Repair Co Inc Agreement Attachment 2 Powers Bros Machine Inc Agreement
D.
Wastewater Collections System Master Plan Update (MI 2589) RECOMMENDATION:
1. Approve Professional Services Agreement with Kennedy/Jenks Consultants, Inc. (KJ), (Oxnard, CA) for preparation of the Wastewater Collections System Master Plan Update Project (MI 2589) in a not-to-exceed amount of $636,968, plus extra services of $63,900, with a term ending December 31, 2025.
2. Authorize expense in the amount of $700,868 ($636,968 agreement, plus extra services of $63,900) from A/C #624-8250-682-5500 (Wastewater Fund – Maintenance Improvements, MI 2589).
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 Professional Service Agreement with KJ
E.
Annual Solid Waste Rate Adjustment for 2025
RESOLUTION ESTABLISHING 2025 RESIDENTIAL AND COMMERCIAL SOLID WASTE RATE SCHEDULES RECOMMENDATION:
1. Adopt resolution approving annual rate adjustment for Solid Waste Collection Services effective January 1, 2025.
2. Approve extension of limited franchise agreements for a final term ending December 31, 2026, with Arakelian Enterprises, Inc. dba Athens Services (Athens Services) (City of Industry, CA), E.J. Harrison and Sons, Inc. (Ventura, CA), and Ware Disposal, Inc. (Santa Ana, CA), and amendment to remove the Limited Franchise Construction and Demolition Tracking Fee.
3. Authorize City Manager to execute amendments to limited franchise agreements in final form approved by City Attorney.
4. Find that this is not a project as defined under the California Environmental Quality Act because this action will not result in a direct or foreseeable indirect physical change in the environment [14 CCR 15060(c)].
LEVINE ACT ITEM: Yes
Staff Report
Attachment 1 Proposed 2025 Solid Waste Service Rates
Attachment 2 Resolution to Adopt 2025 Solid Waste Service Rate Schedules Attachment 3 Levine Act Form for Arakelian Enterprises Inc dba Athens Services Attachment 4 Levin Act Form for E.J. Harrison and Sons Inc Attachment 5 Levine Act Form for Ware Disposal Inc.
F.
Budget Management Software Services Agreement Termination RECOMMENDATION:
1. Terminate Agreement (Contract No. 10619-2014) with Questica, Ltd. (Carson, CA) for budget and financial management software, with an effective agreement termination of October 26, 2024.
2. Find that this action is not a project as defined under the California Environmental Quality Act.
LEVINE ACT ITEM: No
Staff Report
G.
Council on Aging Representative to Ventura County Area Agency on Aging Advisory Council RECOMMENDATION:
1. Confirm Nivedita Vaidya, Council on Aging (COA) Commissioner, as Representative Member to the Ventura County Area Agency on Aging Advisory Council to fill an unscheduled vacancy with term ending June 30, 2025.
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
H.
FY 2024-25 Off-Cycle Community Event Grant Recommendation RECOMMENDATION:
1. Approve Off-Cycle Community Event Grant totaling $3,070.70.
2. Authorize the City Manager or designee to execute the Off-Cycle Community Event Grant agreement with the Grantee.
3. Authorize expenditure in the amount of $ 3,070.70 in FY 2024-25 from A/C #001-1120-611-5920 (CF2025, General Fund – Grants & Donations) for the Off-Cycle Community Event Grant.
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 Levine Act Form
I.
ORDINANCE FOR SECOND READING:
ORDINANCE AMENDING THOUSAND OAKS MUNICIPAL CODE RELATING TO REGULATION OF ACCESSORY DWELLING UNITS BY REMOVING SECTION 9-4.2521, AMENDING ARTICLE 25 SECTIONS 9-4.2509.5, 9-4.2501(a)(3), 9-4.2509(a), ARTICLE 22 SECTION 9-4.2202(a), ARTICLE 21 SECTION 9-4.2104, ARTICLE 24 SECTION 9-4.2402, ARTICLE 2 SECTION 9-4.202, AND ADDING ARTICLE 45 SECTIONS 9-4.4501 THROUGH 9-4.4513 (MCA-2023-70005) ORD. NO. 1732-NS
RECOMMENDATION:
Adopt
LEVINE ACT ITEM: No
Ord 1732-NS - MCA 2023-70005 - Accessory Dwelling Unit Regulations
10. PUBLIC HEARINGS:
A.
Adjustment of Box Office Ticket Service Fee
RESOLUTION AMENDING RESOLUTION 2023-014, MODIFYING CULTURAL AFFAIRS USER FEE CA-18B FOR ONLINE TICKETING SERVICES RECOMMENDATION:
1. Adopt resolution approving adjustment of Cultural Affairs User Fee CA-18B, Box Office - Ticket Service Fee, for online ticketing service fees.
2. Find that this action does not constitute a project under California Environmental Quality Act.
LEVINE ACT ITEM: No
Staff Report
Attachment 1 Resolution
11. STUDY SESSIONS: None
12. DEPARTMENT REPORTS:
A.
Community Grant Programs Update
RESOLUTION ADOPTING REVISED CRITERIA AND GUIDELINES FOR COMMUNITY GRANT PROGRAMS AND RESCINDING RESOLUTION NO. 2023-064 RECOMMENDATION:
1. Adopt resolution revising Community Grants program criteria and guidelines and rescinding Resolution 2023-064.
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 CFRC Resolution
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 November 19, 2024 Agenda Post Date/Time: Oct 17, 2024, 5:00P.M.
CCD:610-70\h:\common\agenda\2024\10-22-24.docx