Meeting
City Council
REGULAR MEETING
Tuesday, January 14, 2025
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
David Newman, Mayor
Mikey Taylor
, Mayor Pro Tem
Al Adam, Councilmember
Bob Engler, Councilmember
C. Tie Gutierrez, Councilmember
Executive Team
Andrew P. Powers, City Manager
Tracy M. Noonan, City Attorney
Ingrid Hardy, Assistant City Manager/Interim Human Resources Dir.
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
Alexandra South, Strategic Communications/Public Affairs Dir.
Jonathan Serret, Cultural & Community Services Director Jeremy Paris, Police Chief
Jim Friedl, General Manager, CRPD
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 $500 (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 $500 (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 $500 (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 $500 (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).
D.
CONFERENCE WITH LEGAL COUNSEL – Existing Litigation:
Brit Nicole Marie Tsumpes vs. City of Thousand Oaks;
Ventura County Superior Court Case No. 202000539890CUPO. 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: None
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 December 11, 2024, December 18, 2024, December 25, 2024, January 1, 2025, and January 8, 2025; approve January 15, 2025, and January 22, 2025, subject to review and ratification LEVINE ACT ITEM: No
B.
Minutes of City Council meeting of December 10, 2024
RECOMMENDATION:
Approve
LEVINE ACT ITEM: No
12-10-2024 Draft Minutes
C.
Library Circulating Materials
RECOMMENDATION:
1. Authorize expenditure in an amount not to exceed $600,000 per vendor in FY 2024-25 (with all vendor combined purchases remaining within the $729,436 budgeted amount) for Library circulating materials (books, databases, periodicals, electronic books, audio books, etc.) from A/C #110-7220-673-3231 (Materials, Circulating Books) for the following vendors: Ingram Library Services LLC (St. Louis, MO), Overdrive Inc. (Cleveland, OH), Gale Cengage Learning Inc. (Farmington Hills, MI), Baker & Taylor Inc. (Atlanta, GA), Midwest Tape (Holland, OH), Ebsco (Ipswich, MA), Newsbank (Naples, FL), Proquest LLC (Ann Arbor, MI), Library Ideas (Fairfax, VA), Mango Languages (Farmington Hills, MI), and CALIFA Group (San Francisco, CA).
2. Find that this action is not a project as defined under the California Environmental Quality Act.
LEVINE ACT ITEM: Yes
Staff Report
D.
Annual Appointment of City Treasurer and Adoption of Investment Policy
RESOLUTION
RECONFIRMING JAIME BOSCARINO AS CITY TREASURER FROM FEBRUARY 1, 2025 THROUGH JANUARY 31, 2026 AND ADOPTING UPDATED INVESTMENT POLICY RECOMMENDATION:
Adopt resolution reconfirming Jaime Boscarino as City Treasurer until January 31, 2026, and approving City’s Investment Policy.
Find that this action is not a project as defined under the California Environmental Quality Act.
LEVINE ACT ITEM: No
Staff Report
Attachment 1 Redline Investment Policy
Attachment 2 Resolution Reconfirm City Treasurer/Adopt Invest Policy E.
Improvements at Pederson (CI 5534) and Willow Lane (CI 5757) Pump Stations RECOMMENDATION:
1. Approve the project design, specification, and Addendum No. 1 for Improvements at Pederson (CI 5534) and Willow Lane (CI 5757) Pump Stations Projects.
2. Award construction contract to J.R. Filanc Construction Company, Inc. (Escondido, CA), in the amount of $1,517,000, plus a contingency of $151,700 for construction of the Improvements at Pederson (CI 5534) and Willow Lane (CI 5757) Pump Stations Projects.
3. Approve Professional Services Agreement with AECOM Technical Services, Inc. (AECOM) of Westlake Village, CA, for construction support services for the Improvements at Pederson (CI 5534) and Willow Lane (CI 5757) Pump Stations Projects in the amount of $224,000, plus $22,400 for extra services, with a term of the agreement to December 31, 2025.
4. Authorize budget appropriation in the amount of $141,135 from A/C #613-0000-341-9900 (Water Capital Fund – Net Position) to A/C #613-8030-682-8300 (CI 5534, Improvements at Pederson Pump Station).
5. Authorize budget appropriation in the amount of $858,665 from A/C #613-0000-341-9900 (Water Capital Fund – Net Position) to A/C #613-8030-682-8300 (CI 5757, Improvements at Willow Lane Pump Station).
6. Authorize expense in the amount of $1,920,100 ($1,517,000 construction contract, $151,700 construction contingency, $224,000 consultant agreement, $22,400 in extra services, and $5,000 for City furnished materials and supplies) as follows: $1,061,435 ($847,000 construction contract; $84,700 construction contingency; $116,035 consultant agreement, $11,200 in extra services, and $2,500 for City furnished materials and supplies) from A/C #613-8030-682-8300 (CI 5534 Improvements at Pederson Pump Station) and $858,665 ($670,000 construction contract; $67,000 construction contingency; $107,965 consultant agreement, $11,200 in extra services, and $2,500 for City furnished materials and supplies) from A/C #613-8030-682-8300 (CI 5757 Improvements at Willow Lane Pump Station).
7. Delegate authority to the City Engineer to approve changes to the project's design, specifications, and working details on work directives and change orders up to the project-approved contingency amount.
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 Vicinity and Location Maps
Attachment 2 Professional Services Agreement AECOM
Attachment 3 Levine Act Disclosure Form signed by AECOM F.
Improvements at Lone Oak (CI 5673), Erbes Road (CI 5738), and Ventu (CI 5739) Pump Stations RECOMMENDATION:
1. Approve the project design, specification, and Addenda Nos. 1, 2, and 3 for the Improvements at Lone Oak (CI 5673), Erbes Road (CI 5738), and Ventu (CI 5739) Pump Stations Projects.
2. Approve Professional Services Agreement with AECOM Technical Services, Inc. (AECOM) of Westlake Village, CA, for construction support services for the Improvements at Lone Oak (CI 5673), Erbes Road (CI 5738), and Ventu (CI 5739) Pump Stations Projects in the amount of $360,000, plus $36,000 for extra services, with a term of the agreement to June 30, 2026.
3. Award construction contract to Pacific Hydrotech Corporation (Perris, CA), in the amount of $3,065,600, plus a contingency of $306,560, for construction of the Improvements at Lone Oak (CI 5673), Erbes Road (CI 5738), and Ventu (CI 5739) Pump Stations Projects.
4. Authorize expense in the amount of $3,775,660 ($3,065,600 construction contract, $306,560 construction contingency, $396,000 for construction support plus extra services, and $7,500 for City furnished materials and supplies) as follows: $1,407,772 ($1,152,500 construction contract, $115,250 construction contingency, $125,522 consultant agreement, $12,000 in extra services, and $2,500 for City furnished materials and supplies) from A/C #613-8030-682-8300 (CI 5673 Improvements at Lone Oak Pump Station); $1,258,930 ($1,015,600 construction contract, $101,560 construction contingency, $127,270 consultant agreement, $12,000 in extra services, and $2,500 for City furnished materials and supplies) from A/C #613-8030-682-8300 (CI 5738 Improvements at Erbes Pump Station); and $1,108,958 ($897,500 construction contract, $89,750 construction contingency, $107,208 consultant agreement, $12,000 in extra services, and $2,500 for City furnished materials and supplies) from A/C #613-8030-682-8300 (CI 5739 Improvements at Ventu Pump Station).
5. Delegate authority to the City Engineer to approve changes to the project's design, specifications, and working details on work directives and change orders up to the project-approved contingency amount.
6. Find that the projects are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.
LEVINE ACT ITEM: Yes
Staff Report
Attachment 1 Vicinity and Location Maps
Attachment 2 Professional Services Agreement AECOM
G.
Conejo Valley Unified School District Lease Agreement Amendment RECOMMENDATION:
1. Approve First Amendment to the Lease Agreement between City of Thousand Oaks and Conejo Valley Unified School District (CVUSD) for property located at 110 S. Conejo School Road, Thousand Oaks (Contract No. 11452-2017).
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 CVUSD Lease Agreement Amendment
H.
Out of Agency Wastewater Service Agreement - 729 Calle Laredo APN 663-0-111-085 (Walton) RECOMMENDATION:
1. Approve an Out of Agency Service Agreement (OASA) between Steven and Jennifer Walton and the City to provide wastewater service for a new detached Accessory Dwelling Unit (ADU) at 729 Calle Laredo (APN 663-0-111-085) in the unincorporated Lynn Ranch area of Thousand Oaks.
2. Authorize City Engineer to apply for an OASA with the Ventura Local Agency Formation Commission (LAFCo) and execute all required documents.
3. Authorize City Manager to execute Indemnity Agreement with Ventura LAFCo.
4. Find that this action is not a project as defined under the California Environmental Quality Act.
LEVINE ACT ITEM: No
Staff Report
Attachment 1 Vicinity and Location Maps
Attachment 2 Out of Agency Wastewater Service Agreement Attachment 3 LAFCo Application for OASA
I.
Cooperative Purchasing Agreement for Online Marketplace RECOMMENDATION:
1. Authorize City Manager to execute participating addendum using the Prince William County Public Schools, VA uniform Contract No. R-TC-17006 through Omnia Partners with award to Amazon Services, LLC/Amazon Business (Amazon) (Seattle, WA) for online marketplace for the purchase of products and services beginning January 1, 2025, through January 18, 2026, with an optional 2-year renewal through January 18, 2028, based on City Attorney’s Office review and approval as to form.
2. Authorize expenditure not-to-exceed $250,000 annually from various department accounts.
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 Levine Act Diclosure Form
J.
Newbury Road Redevelopment Agency Proceeds
RECOMMENDATION:
1. Approve the project design and plans for the construction of the public improvements associated with the Timber School Sanctuary Public Improvement Project.
2. Approve budget appropriation and Expenditure and Release in an amount not to exceed $3,000,000 from A/C #521-0000-311-1000 (Successor Agency Bond Proceeds Fund – Fund Balance) to A/C #521-5210-631-8300 (Successor Agency Bond Proceeds Fund – Improvements Other Than Buildings) [Reserved Redevelopment Agency Successor Agency Bond Proceeds held by US Bank pursuant to Depository Agreement and agreement with the Department of Finance (DOF)].
3. Authorize City Engineer to process the required paperwork, including construction plans and change orders, future actions, and individual payments.
4. California Environmental Quality Act (CEQA): A Mitigated Negative Declaration was approved for this project by City Council on November 9, 2021.
LEVINE ACT ITEM: Yes
Staff Report
Attachment 1 Vicinity and Location Maps
Attachment 2 Proposed Infrastructure Enhancements
Attachment 3 Levine Act Disclosure Form
K.
2025 Active Transportation Plan Update
RECOMMENDATION:
1. Approve Professional Services Agreement with LG2WB Engineers, Inc. dba Linscott, Law & Greenspan, Engineers (LLG), (Irvine, CA) for preparation of the 2025 Active Transportation Plan (ATP) Update in a not-to-exceed amount of $99,992, plus extra services of $10,008, with a term ending January 31, 2026.
2. Approve budget appropriation and authorize expenditure in the amount of $110,000 ($99,992 agreement, plus extra services of $10,008,) from A/C #001-0000-311-0000 (General Fund – Fund Balance) to A/C #001-5560-631-5699 (General Fund – Traffic Engineering Contracted Services/Other).
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 Services Agreement with LLG
01-14-25 Supplemental Information Packet
L.
Thousand Oaks Plan to Assist School Sites Annual Project List RECOMMENDATION:
1. Approve Thousand Oaks Plan to Assist School Sites (TOPASS) Annual Project List for Fiscal Year 2024-25 totaling $670,629 submitted by Conejo Valley Unified School District (CVUSD).
2. Find that this action is not a project as defined under section 15378(b)(5) of the California Environmental Quality Act Guidelines.
LEVINE ACT ITEM: No
Staff Report
Attachment 1 TOPASS Project List & Annual Compliance
M.
Financial Reports for Fiscal Year Ended June 30, 2024
RECOMMENDATION:
1. Receive and file financial reports.
2. Find that this action is not a project as defined under section 15378(b)(5) of the California Environmental Quality Act Guidelines.
LEVINE ACT ITEM: No
Staff Report
Attachments 1 thru 5 Financial Reports FY 2023 24
N.
Development Impact Fees: Annual Review of Accounts as of June 30, 2024 RECOMMENDATION:
1. Receive and file report.
2. Find that this action is not a project as defined under section 15378(b)(5) of the California Environmental Quality Act Guidelines LEVINE ACT ITEM: No
Staff Report
Attachment 1 and 2 Development Impact Fees
10. PUBLIC HEARINGS: None
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:
A.
Proposed 2025 City Councilmember Committee Assignments
RECOMMENDATION:
1. Approve proposed 2025 Calendar year City Councilmember Committee Assignments.
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 Proposed 2025 City Councilmember Committee Assignments
16. CITY MANAGER:
A.
Announcements and upcoming issues
17. PUBLIC NOTICES: None
18. ADJOURNMENT: Annual adjournment in memory of Mayor Emeritus Alex Fiore who passed away January 3, 2002, to Regular Meeting January 28, 2025 Agenda Post Date/Time: Jan 14, 2025, 5:00P.M.
CCD:610-70\h:\common\agenda\2025\01-14-25.docx