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Minutes

Thousand Oaks City Council
November 19, 2024

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November 19, 2024
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Thousand Oaks City Council
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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California November 19, 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.

2. ROLL CALL:

Present: Councilmembers Engler, McNamee, Ta ylor, Newman, and Mayor Adam present in chambers.

Also present: City Manager Andrew P. Powers , City Attorney Tracy M. Noonan, Assistant City Manager Ingrid Hardy, D eputy City Manager Akbar Alikha n, Deputy City Manager Tim Giles, City Clerk Laura B. Maguire, Financ e Director Jaime Boscarino, Community Development Director Kelvin Parker, Public Works Director Cliff Finley, Cultural and Community Services Director Jonathan Serret, Interim Human Resources Director Sharon Chen, Police Chief Jeremy Paris, Deputy Pub lic Works Director Nader Heydari, Senior Civil Engineer Jim Mashiko, Assistant City Atto rney Noel Doran, Deputy Community Development Director Fabiola Zelaya Melic her, Planning Division M anager Krystin Rice, Senior Planner Iain Holt, A ssociate Planner Ange la Georgeff, Deputy City Clerk Sandra Delgado, Information Technology Supervisor Atanas Beltchev, Cable Operations Supervisor Carl Jarecky, 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 COUNS EL – Pending Litigation: California Department of Housing and Community De velopment vs. Shangri-La Industries, et al., Los Angeles County Superior Cour t Case Number: 24STCV00629; Pursuant to Government Code Section 54956.9(a).

B. CONFERENCE WITH LEGAL CO UNSEL – 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).

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.

5. PLEDGE OF ALLEGIANCE:

Mayor Adam led the pledge of allegiance.

Docusign Envelope ID: E3B35468-1A48-4E65-95BB-5FF0F74109A8City Council Minutes

MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 2 November 19, 2024

6. AB 2449 ANNOUNCEMENTS/REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM: None.

7. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:

A. Recycling All Stars

Mayor Adam introduced Deputy Public Wo rks Director Heydari who was joined by Athens Services Vice President of Government Affairs Rondi Guthrie and Athens Services Ventura County Sales Manager Matt Trouts to announce Conejo Recreation and Park Di strict, Westlake Elementary School, Sarai Bakery Panadería, and 1710 on the Boulevard as this year’s Recycling All- Star Award recipients.

B. CalAm Foundation/Hope the Mission Grant

Mayor Adam introduced California Amer ican Water External Affairs Manager Brian Barreto who presented the award of $25,000 from the California American Water Charitable Foundation Workforc e Readiness Grant to Founder and CEO of Hope the Mission Ken Craft which will support career readiness and life skills training at the Thrive Grove Navigation Center.

City Manager Powers announced the official archiving of the City’s updated General Plan with signed copies of the General Plan 2045 document.

8. PUBLIC COMMENTS: To be hear d before 6:45 p.m. If additi onal 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: Josh Gray, Greater Conejo Va lley Chamber of Commerce Director of Government Affairs and Tourism; Lakin Crane, Westlake Village.

Written Statements: None.

City Manager Powers addressed public comments.

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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 3 November 19, 2024

9. CONSENT CALENDAR:

Item 9.D. - Investment Review Committee Appointments - pulled for comment by Mayor Pro Tem Newman.

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

Motion by Councilmember Taylor to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, McNamee, Taylor, Newman, Adam
Noes – None

B. Minutes of City Council meeting of October 22, 2024

RECOMMENDATION:

Approve

LEVINE ACT ITEM: No

Motion by Councilmember Taylor to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, McNamee, Taylor, Newman, Adam
Noes – None

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 bet ween the City of Thousand Oaks and Hillsides, a California non-pr ofit public benefit corporat ion, 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 docum ents necessary to effectuate the purchase by the City of Thousand Oaks, in cluding 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.

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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 4 November 19, 2024

9. CONSENT CALENDAR: (Continued)

C. Open Space Parcel Purchase and Transfer to Conejo Open Space Conservation Agency (Conejo Ridge Road, North of Skyline Drive) (Continued)

RECOMMENDATION: (Continued)

3. Find that this action is categorically exempt from the Calif ornia Environmental Quality Act (CEQA) pursuant to Arti cle 14, Sections 15313 and 15325 of the CEQA Guidelines.

LEVINE ACT ITEM: Yes

Motion by Councilmember Taylor to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, McNamee, Taylor, Newman, Adam
Noes – None

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 pr oject as defined und er the California Environmental Quality Act.

LEVINE ACT ITEM: No

Motion by Mayor Pro Tem Newman to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, McNamee, Taylor, Newman, Adam
Noes – None

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 Eq uipment (Oxnard, CA) for replacement of assets #5610-291, #5610-322 and #5630-255 for a total cost of $168,820.37.

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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 5 November 19, 2024

9. CONSENT CALENDAR: (Continued)

E. Purchase of Vehicles (Continued)

RECOMMENDATION: (Continued)

3. Authorize expenditure/expense in the amount of $685,075.09 as follows:
$259,959.52 from A/C #001-561 0-631-8400 (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 Asse t Replacement); $273,985.17 from A/C #001-5630-632-8400 (General Fund - Land scape Equipment Over $5,000) partially offset in the amount of $136,596 from A/ C #001-5630-632-8900 (General Fund - Landscape Fixed Asse t Replacement); $76,566.38 from A/C #001-5660-631-8400 (General Fund - Storm Dr ain 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 Repl acement); 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 pr oject as defined und er the California Environmental Quality Act.

LEVINE ACT ITEM: Yes

Motion by Councilmember Taylor to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, McNamee, Taylor, Newman, Adam
Noes – None

F. Wilder Reservoir Improvements (CI 5294)

RECOMMENDATION:

1. Approve First Amendment to Professional Servic es Agreement No. 13580- 2024 with HDR Engineering, Inc. (Ventura, CA) (HDR) for additional design services for Wilder Reservoir Improvem ents Project (CI 5294), in the amount of $65,091, for a revised not-to-exceed amoun t 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 pr oject as defined und er the California Environmental Quality Act (CEQA).

LEVINE ACT ITEM: Yes

Motion by Councilmember Taylor to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, McNamee, Taylor, Newman, Adam
Noes – None
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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 6 November 19, 2024

9. CONSENT CALENDAR: (Continued)

G. 1994-1 Community Facilities District Annual Report

RECOMMENDATION:

1. Receive and file Annual Report on t he 1994-1 Community Faci lities 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 pr oject as defined und er the California Environmental Quality Act.

LEVINE ACT ITEM: No

Motion by Councilmember Taylor to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, McNamee, Taylor, Newman, Adam
Noes – None

H. Conflict of Interest Resolution Update

RESOLUTION UPDATING DESIGNAT ED EMPLOYEES, OFFICERS, AND

DISCLOSURE CATEGORY LIST FOR FAIR POLITICAL PRACTICES ACT

REQUIREMENTS (CONFLICT OF INTEREST) AND RESCINDING
RESOLUTION NO. 2022-056
RES. NO. 2024-034

RECOMMENDATION:

1. Adopt resolution updating designated employees, officers, and disclosure category list for Conflict of Interest.

2. Find that the action of adopting the resolution is not a project under the California Environmental Quality Act.

LEVINE ACT ITEM: No

Motion by Councilmember Taylor to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, McNamee, Taylor, Newman, Adam
Noes – None

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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 7 November 19, 2024

9. CONSENT CALENDAR: (Continued)

I. Hill Canyon Treatment Plant Slope Stabilization Project (Cl 5736)

RECOMMENDATION:

1. Approve First Amendment to Professional Servic es Agreement No. 13764- 2024 with Cotton, Shires and Associates , Inc. (Thousand Oaks, CA) (CSA) for additional design services for Hill Cany on Treatment Plant Slope Stabilization Project (CI 5736), in the am ount of $10,500, for a revise d 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 pr oject as defined und er the California Environmental Quality Act (CEQA).

LEVINE ACT ITEM: Yes

Motion by Councilmember Taylor to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, McNamee, Taylor, Newman, Adam
Noes – None

J. Public Emergency Declaration - Los Robl es Golf Course Solar Panel Canopy Repair (MI 2668)

RECOMMENDATION:

1. Ratify Public Emergency Declarati on by City Manager on October 30, 2024, pursuant to Thousand Oaks Municipal C ode (TOMC) Section 3-10.308 (requires four-fifths vote).

2. Pursuant to Public Emergency Declarat ion, waive formal bid process set forth in TOMC Section 3-10.306.

3. Create a new Maintenance Improvement Project for Lo s Robles Golf Course Solar Panel Canopy Emergency Repair (MI 2668).

4. Approve and award construction contra ct to Staten Solar Corporation (San Jose, CA) to perform emergency repair work for the Los Robles Golf Course (LRGC) Solar Panel Canopy Emergency R epair Project MI 2668 in the amount of $367,920, plus a contingency of $32,080.

5. Approve budget appropriation and expendi ture in the amount of $400,000 from A/C #001-0000-311-0000 (G eneral Fund – Fund Balance) to A/C #001- 3560-682-5500 (General Fund LRGC Construction, MI 2668).

6. Authorize City Manager to execute cont ract with Staten Solar Corporation for an amount not to exceed $400,000 for MI 2668.

7. Delegate authority to the City Engi neer 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.

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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 8 November 19, 2024

9. CONSENT CALENDAR: (Continued)

J. Public Emergency Declaration - Los Robl es Golf Course Solar Panel Canopy Repair (MI 2668) (Continued)

RECOMMENDATION: (Continued)

8. Find that the Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.

LEVINE ACT ITEM: Yes

Motion by Councilmember Taylor to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, McNamee, Taylor, Newman, Adam
Noes – None

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 insta ll speed humps on Hendr ix Avenue between Janss Road and Gainsborough Road.

2. Find that this action is not a pr oject as defined und er the California Environmental Quality Act (CEQA).

LEVINE ACT ITEM: No

Hearing, advertised as required by law, opened to consider item. Presented by Senior Civil Engineer Mashiko. City M anager Powers, City Attorney Noonan, Public Works Director Finely, Thousand Oaks Police Department Chief Paris, Deputy Public Works Director Heydari, Assistant City Attorney Doran, and Thousand Oaks Police Department Sergea nt Matthew Ogonowski responded to questions. Additional information supplemental packet.

Speakers: James Misiorowski, Appel lant, Thousand Oaks, con; Scott Levin, Appellant, Thousand Oaks, con; Je remy Shatzer, Appellant, Thousand Oaks, con; Roger Riewald, Thousand Oa ks, pro; Laurie Levin, Thousand Oaks, con; Brent Lowry, Thousand Oaks, con; Lisa Megaffin, Thousand Oaks, con; Scott Lochmus, Thousand Oaks, con; Scott Harris, Thousand Oaks, con.

Written Statements: Julie Ginther, Thousand Oaks, pro; Hugo Roche, Thousand Oaks, pro.

Mayor Adam closed the public hearing.

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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 9 November 19, 2024

10. PUBLIC HEARINGS: (Continued)

A. Hendrix Avenue Speed Hump Petition (Continued)

Motion by Mayor Pro Tem Newman to approve staff’s recommendation with the addition that the denial is without prejudice and to allow the appellant to reapply at no cost after a one-year period if requested by the residents.

Passed 4-1 by the following vote:

Ayes – Engler, Taylor, Newman, Adam
Noes – McNamee

B. Housing Element Program 8 Implementation – Municipal Code Amendment (MCA 2024-70003)

ORDINANCE AMENDING TI TLE 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 O VERLAY ZONES, AND 9-4.2105 PERMITTED USE MATRIX-NON-RESIDENT IAL ZONES, AND ARTICLE 25, SECTIONS 9-4.2525 EMERGENCY SHELTERS, AND 9-4.2527
TRANSITIONAL AND SUPPORTIVE HOUS ING, AND TITLE 9, CHAPTER 10, ARTICLE 5, DENSITY BONUS PR OGRAM; OF THE THOUSAND OAKS MUNICIPAL CODE TO IMPLEMENT THE 2021-2029 HOUSING ELEMENT PROGRAM 8 FOR ZONING CODE AM ENDMENTS 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 requi res no further environmental document pursuant to Sections 15183 and 15168(c)(2)(5 ) of the California Environmental Quality Act (CEQA) because the proposed ac tions are consistent with the City’s goals, policies, and program s contained in the Adopt ed General Plan and Housing Element under a certified Program Environmental Impact Report (EIR).

2. Read in title only, furt her 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, Sect ions 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

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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 10 November 19, 2024

10. PUBLIC HEARINGS: (Continued)

B. Housing Element Program 8 Implementation – M unicipal Code Amendment (MCA 2024-70003) (Continued)

Hearing, advertised as required by law, opened to consider item. Presented by Community Development Director Park er and Senior Planner Holt. Planning Division Manager Rice and Associate Planner Georgeff available for questions.

Speaker/Written Statement: None.

Mayor Adam closed the public hearing.

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, McNamee, Taylor, Newman, Adam
Noes – None

11. STUDY SESSIONS: None.

12. DEPARTMENT REPORTS:

A. Comprehensive Zoning and Sign Co de Update and Rezoning Program Consultant

RECOMMENDATION:

1. Approve a professional services agreem ent 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.

2. Authorize expenditure in an amount not to exceed $842,540 from A/C #001- 4210-641-5699 (General Fund – Contracted Services, Municipal Code Update).

3. Find that this action is not a pr oject as defined und er the California Environmental Quality Ac t under the California Envi ronmental Quality Act (CEQA) Guidelines Section 15378(b)(5) (CCR, Title 14, Chapter 3, Article 20).

LEVINE ACT ITEM: Yes

Presented by Deputy Community Deve lopment Director Zelaya Melicher.

Community Development Director Parker, Assistant City Atto rney Doran, and Planning Division Manager Rice available for questions.

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
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MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 11 November 19, 2024

12. DEPARTMENT REPORTS: (Continued)

B. Art in Public Places Policy

RESOLUTION ESTABLISHING AND ADOPTING AN ART IN PUBLIC PLACES POLICY
RES. NO. 2024-035

RECOMMENDATION:

1. Adopt resolution establishing a formal Art in Public Places Policy.

2. Find that this action does not c onstitute a project under California Environmental Quality Act.

LEVINE ACT ITEM: No

Presented by Cultural and Community Services Director Serret. Additional information supplemental packet.

Speaker/Written Statement: None.

Motion by Councilmember Taylor to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, McNamee, Taylor, Newman, Adam
Noes – None

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 pr oject as defined und er the California Environmental Quality Act.

Presented by Mayor Pro Tem Newman and Councilmember Engler.

Speaker/Written Statement: None.

Motion by Councilmember Newman to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, McNamee, Taylor, Newman, Adam
Noes – None
Docusign Envelope ID: E3B35468-1A48-4E65-95BB-5FF0F74109A8

MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 12 November 19, 2024

16. CITY MANAGER:

A. Announcements and upcoming issues

City Manager Powers provided an updat e on the December 3, 2024, City Council meeting.

17. PUBLIC NOTICES:

A. Public Notice – Approval of Final Map LD 2021-70189; Location: 2821 Los Robles Road; Developer: Zareh Keshmesh ian; Description of Subdivision: One Lot Subdivision for Condominium Purposes

18. ADJOURNMENT: City Council adjourned at 10:14 p. m. to Regular Meeting on December 3, 2024.

____________________________
Al Adam, Mayor
City of Thousand Oaks City Council
Attest:

____________________________
Laura B. Maguire, City Clerk
City of Thousand Oaks City Council

AGENDA POSTED: November 14, 2024
MINUTES APPROVED: December 3, 2024

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:610-80\h:\common\minutes\2024\11-19-24.docx

Docusign Envelope ID: E3B35468-1A48-4E65-95BB-5FF0F74109A8

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