Meeting
City Council
REGULAR MEETING
Tuesday, November 19, 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).
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.
Recycling All Stars
B.
CalAm Foundation/Hope the Mission Grant
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 23, 2024, October 30, 2024, November 6, 2024, and November 13, 2024; approve November 20, 2024, and November 26, 2024, subject to review and ratification LEVINE ACT ITEM: No
B.
Minutes of City Council meeting of October 22, 2024
RECOMMENDATION:
Approve
LEVINE ACT ITEM: No
10-22-2024 Draft Minutes
C.
Open Space Parcel Purchase and Transfer to Conejo Open Space Conservation Agency (Conejo Ridge Road, North of Skyline Drive) RECOMMENDATION:
1. Approve Purchase and Sale Agreement with Escrow Instructions for Assessor Parcel Number (APN) 676-0-070-070 between the City of Thousand Oaks and Hillsides, a California non-profit public benefit corporation, formerly known as Church Home for Children of the Protestant Episcopal Church of the Diocese of Los Angeles, and authorize City Manager, or designee, to execute the Purchase and Sale Agreement and all other documents necessary to effectuate the purchase by the City of Thousand Oaks, including the authority to accept the deed, subject to resolution of any liens and encumbrances affecting said parcel.
2. Transfer the property (APN 676-0-070-070) to Conejo Open Space Conservation Agency (COSCA) for long-term management, subject to the procedural requirements of the Surplus Land Act.
3. Find that this action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Article 14, Sections 15313 and 15325 of the CEQA Guidelines.
LEVINE ACT ITEM: Yes
Staff Report
Attachment 1 Regional Map
Attachment 2 Detail Map
Attachment 3 Air Photo
Attachment 4 Purchase and Sale Agreement Final 6760070070 Attachment 5 Levine Act Disclosure Exhibit B to Purchase Agreement D.
Investment Review Committee Appointments
RECOMMENDATION:
1. Approve the reappointment of incumbents Sheila Moore and Cody Sorenson, to the Investment Review Committee to serve two-year terms ending December 2026.
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
E.
Purchase of Vehicles
RECOMMENDATION:
1. Approve “piggyback” purchase of three Ford F-350 Flatbed Body Trucks, two Ford F-550 Service Body Trucks, and one Ford F-250 Service Body Truck from Rush Truck Center (Whittier, CA) through BuyBoard Contract #724-23 for replacement of assets #5610-342, #5610-343, #5660-007, #5630-248, #5630-249 and #8030-247 for a total cost of $516,254.72.
2. Approve “piggyback” purchase of two Trailer King TKT40LP Trailers through Sourcewell Contract 092922-TKI and one John Deere Skid Steer through Sourcewell Contract 011723-JDC and from Coastline Equipment (Oxnard, CA) for replacement of assets #5610-291, #5610-322 and #5630-255 for a total cost of $168,820.37.
3. Authorize expenditure/expense in the amount of $685,075.09 as follows: $259,959.52 from A/C #001-5610-631-8400 (General Fund - Street Equipment Over $5,000) partially offset in the amount of $132,320 from A/C #001-5610-631-8900 (General Fund - Street Fixed Asset Replacement); $273,985.17 from A/C #001-5630-632-8400 (General Fund - Landscape Equipment Over $5,000) partially offset in the amount of $136,596 from A/C #001-5630-632-8900 (General Fund - Landscape Fixed Asset Replacement); $76,566.38 from A/C #001-5660-631-8400 (General Fund - Storm Drain Equipment Over $5,000) partially offset in the amount of $36,092 from A/C #001-5660-631-8900 (General Fund - Storm Drain Fixed Asset Replacement); and $74,564.02 from A/C #611-8030-685-8400 (Water Equipment Over $5,000) partially offset in the amount of $34,112 by A/C #611-8030-685-8900 (Water Fixed Asset Replacement).
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 Rush Truck Center Quotes and Levine Act Disclosure Attachment 2 Coastline Equipment Quotes and Levine Act Disclosure F.
Wilder Reservoir Improvements (CI 5294)
RECOMMENDATION:
1. Approve First Amendment to Professional Services Agreement No. 13580-2024 with HDR Engineering, Inc. (Ventura, CA) (HDR) for additional design services for Wilder Reservoir Improvements Project (CI 5294), in the amount of $65,091, for a revised not-to-exceed amount of $313,711, plus $6,500 for extra services, and extend the term of the agreement to December 31, 2025.
2. Authorize expense in the amount of $71,591 ($65,091 for the First Amendment, plus extra services of $6,500) from A/C #613-8050-682-8300 (Water Fund – Capital Improvements, CI 5294).
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 13580 2024 with HDR G.
1994-1 Community Facilities District Annual Report
RECOMMENDATION:
1. Receive and file Annual Report on the 1994-1 Community Facilities District (Marketplace Public Pedestrian, Traffic Circulation, and Parking Facilities) in compliance with the Local Agency Special Tax Bond and Accountability Act.
2. Find that this action is not a project as defined under the California Environmental Quality Act.
LEVINE ACT ITEM: No
Staff Report
Attachments 1-2 1994-1 CFD Annual Report Vicinity Map
Attachment 3 1994-1 CFD Annual Report
H.
Conflict of Interest Resolution Update
RESOLUTION UPDATING DESIGNATED EMPLOYEES, OFFICERS, AND DISCLOSURE CATEGORY LIST FOR FAIR POLITICAL PRACTICES ACT REQUIREMENTS (CONFLICT OF INTEREST) AND RESCINDING RESOLUTION NO. 2022-056 RECOMMENDATION:
Adopt resolution updating designated employees, officers, and disclosure category list for Conflict of Interest.
Find that the action of adopting the resolution is not a project under the California Environmental Quality Act.
LEVINE ACT ITEM: No
Staff Report
Attachment 1 Resolution
I.
Hill Canyon Treatment Plant Slope Stabilization Project (Cl 5736) RECOMMENDATION:
1. Approve First Amendment to Professional Services Agreement No. 13764-2024 with Cotton, Shires and Associates, Inc. (Thousand Oaks, CA) (CSA) for additional design services for Hill Canyon Treatment Plant Slope Stabilization Project (CI 5736), in the amount of $10,500, for a revised contract not to exceed amount of $77,000, plus $1,050 for extra services.
2. Authorize expense in the amount of $11,550 ($10,500 agreement amendment, plus extra services of $1,050) from A/C #624-8250-682-8300 (Wastewater Capital Improvements, CI 5736).
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 13764 2024 with CSA J.
Public Emergency Declaration - Los Robles Golf Course Solar Panel Canopy Repair (MI 2668) RECOMMENDATION:
1. Ratify Public Emergency Declaration by City Manager on October 30, 2024, pursuant to Thousand Oaks Municipal Code (TOMC) Section 3-10.308 (requires four-fifths vote).
2. Pursuant to Public Emergency Declaration, waive formal bid process set forth in TOMC Section 3-10.306.
3. Create a new Maintenance Improvement Project for Los Robles Golf Course Solar Panel Canopy Emergency Repair (MI 2668).
4. Approve and award construction contract to Staten Solar Corporation (San Jose, CA) to perform emergency repair work for the Los Robles Golf Course (LRGC) Solar Panel Canopy Emergency Repair Project MI 2668 in the amount of $367,920, plus a contingency of $32,080.
5. Approve budget appropriation and expenditure in the amount of $400,000 from A/C #001-0000-311-0000 (General Fund – Fund Balance) to A/C #001-3560-682-5500 (General Fund LRGC Construction, MI 2668).
6. Authorize City Manager to execute contract with Staten Solar Corporation for an amount not to exceed $400,000 for MI 2668.
7. 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.
8. Find that the Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.
LEVINE ACT ITEM: Yes
Staff Report
Attachment 1 Public Emergency Declaration
Attachment 2 Staten Solar Corp Levine Act Disclosure
10. PUBLIC HEARINGS:
A.
Hendrix Avenue Speed Hump Petition
RECOMMENDATION:
1. Deny appeal to overturn Traffic and Transportation Advisory Commission (TTAC) denial of request to install speed humps on Hendrix Avenue between Janss Road and Gainsborough Road.
2. 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 Vicinity and Location Maps
Attachment 2 January 24 2024 TTAC Staff Report
Attachment 3 Written Appeal of January 24 2024 TTAC Decision Attachment 4 Results of Speed Limit Enforcement
Attachment 5 November 19 2024 City Council Meeting Notification 11-19-24 Supplemental Information Packet
11-19-24 Supplemental Information Packet #2
B.
Housing Element Program 8 Implementation – Municipal Code Amendment (MCA 2024-70003) ORDINANCE AMENDING TITLE 9, CHAPTER 4, ARTICLE 2, SECTION 9-4.202 DEFINITIONS, ARTICLE 21, SECTIONS 9-4.2104 PERMITTED USE MATRIX - RESIDENTIAL ZONES, 9-4.2104.5 PERMITTED USE MATRIX - MIXED-USE ZONES AND MIXED-USE OVERLAY ZONES, AND 9-4.2105 PERMITTED USE MATRIX-NON-RESIDENTIAL ZONES, AND ARTICLE 25, SECTIONS 9-4.2525 EMERGENCY SHELTERS, AND 9-4.2527 TRANSITIONAL AND SUPPORTIVE HOUSING, AND TITLE 9, CHAPTER 10, ARTICLE 5, DENSITY BONUS PROGRAM; OF THE THOUSAND OAKS MUNICIPAL CODE TO IMPLEMENT THE 2021-2029 HOUSING ELEMENT PROGRAM 8 FOR ZONING CODE AMENDMENTS ADDRESSING STATE HOUSING AND LAND USE MANDATES RELATED TO MANUFACTURED HOMES, DENSITY BONUS, EMERGENCY SHELTERS, RESIDENTIAL CARE FACILITIES, AND TRANSITIONAL, SUPPORTIVE, FARMWORKER AND EMPLOYEE HOUSING (MCA 2024-70003) 1ST READING
RECOMMENDATION:
1. Find that the proposed action requires no further environmental document pursuant to Sections 15183 and 15168(c)(2)(5) of the California Environmental Quality Act (CEQA) because the proposed actions are consistent with the City’s goals, policies, and programs contained in the Adopted General Plan and Housing Element under a certified Program Environmental Impact Report (EIR).
2. Read in title only, further reading be waived, and if no objection, introduce ordinance approving MCA 2024-70003 amending Title 9, Chapter 4, Article 2, Section 9-4.202 Definitions, Article 21, Sections 9-4.2104 Permitted Use Matrix – Residential Zones, 9-4.2104.5 Permitted Use Matrix – Mixed-Use Zones and Mixed-Use Overlay Zones, and 9-4.2105 Permitted Use Matrix – Non-Residential Zones, and Article 25, Sections 9-4.2525 Emergency Shelters, and 9-4.2527 Transitional and Supportive Housing, and Title 9, Chapter 10, Article 5, Density Bonus Program of the Thousand Oaks Municipal Code (TOMC).
LEVINE ACT ITEM: No
Staff Report
Attachment 1 Planning Commission Staff Report
Attachment 2 Ordinance
11. STUDY SESSIONS: None
12. DEPARTMENT REPORTS:
A.
Comprehensive Zoning and Sign Code Update and Rezoning Program Consultant RECOMMENDATION:
Approve a professional services agreement with Lisa Wise Consulting, Inc., (LWC) of San Luis Obispo, CA, for the preparation of the Zoning Code and Sign Code Update, and Rezoning Program in an amount of $797,520, plus extra services of $45,020, for a total not-to-exceed amount of $842,540, for a two-year period beginning November 19, 2024, through November 19, 2026, with a one-year option to extend the agreement through November 19, 2027.
Authorize expenditure in an amount not to exceed $842,540 from A/C #001-4210-641-5699 (General Fund – Contracted Services, Municipal Code Update).
Find that this action is not a project as defined under the California Environmental Quality Act under the California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(5) (CCR, Title 14, Chapter 3, Article 20) .
LEVINE ACT ITEM: Yes
Staff Report
Attachment 1 Professional Services Agreement with Lisa Wise Consulting Inc Attachment 2 LWC Levine Act Diclosure Form Signed 082624 B.
Art in Public Places Policy
RESOLUTION ESTABLISHING AND ADOPTING AN ART IN PUBLIC PLACES POLICY RECOMMENDATION:
1. Adopt resolution establishing a formal Art in Public Places Policy.
2. Find that this action does not constitute a project under California Environmental Quality Act.
LEVINE ACT ITEM: No
Staff Report
Attachment 1 Resolution
11-19-24 Supplemental Information Packet
13. COMMITTEE/COMMISSION/BOARD REPORTS: None
14. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
15. COUNCIL ISSUES/RECOMMENDATIONS:
A.
Update on League of California Cities Annual Conference, October 16-18, 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:
A.
Public Notice – Approval of Final Map LD 2021-70189;
Location: 2821 Los Robles Road;
Developer: Zareh Keshmeshian;
Description of Subdivision: One Lot Subdivision for Condominium Purposes Public Notice Map Acceptance
18. ADJOURNMENT: Adjourn to Regular Meeting December 3, 2024 Agenda Post Date/Time: Nov 19, 2024, 5:00P.M.
CCD:610-70\h:\common\agenda\2024\11-19-24.docx