Meeting

City Council
REGULAR MEETING
Tuesday, November 9, 2021, 6:00 P.M.
Andrew P. Fox City Council Chambers

Public advisory: Face masks are required to be worn inside City facilities.
You may view the City Council meeting broadcast live on TV
(Frontier Channel 3, Spectrum Channel 10), and YouTube (CTO Meetings).

If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.
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If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.
In compliance with the Americans with Disabilities Act (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 of the meeting.

Claudia Bill-de la Peña, Mayor
Bob Engler, Mayor Pro Tem
Al Adam, Councilmember
Ed Jones, Councilmember
Kevin McNamee, Councilmember
Executive Team

Andrew P. Powers, City Manager	Tracy M. Noonan, City Attorney
Ingrid Hardy, Assistant City Manager	Gary Rogers, Deputy City Manager
Kelvin Parker, Community Development Director	Jaime Boscarino, Finance Dir./City Treasurer
Cynthia M. Rodriguez, City Clerk	Clifford G. Finley, Public Works Director
Jonathan Serret, Cultural Affairs Director	Tim Giles, Human Resources Director
Jim Friedl, General Manager, CRPD	Melissa Hurtado, Interim Library Services Director
Jeff Shea, Fire Chief	Jeremy Paris, Police Chief

MISSION STATEMENT:
Extraordinary Service to the Citizens We Serve is Our Purpose

The following is provided to assist with public participation:
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 re-broadcast Thursday and Sunday (following meeting) at 10:00 a.m. and 6:00 p.m. on TV (Frontier Channel 3, Spectrum Channel 10).

PUBLIC INPUT: To provide your comments to the City Councilmembers please submit comments via the online Comment Form. Written comment cards will also be available for submission at the meeting. If you would like to speak REMOTELY (NOT in person) on an agenda item during the meeting, please complete the online Speaker Form (you will be asked to provide an email address and telephone number). If you would like to speak IN PERSON, speaker cards will be available at the meeting and MUST be submitted in person. Doors open at 5:30 p.m. All Ventura County Health requirements will be followed, which may include limited capacity, social distancing, and wearing face masks. 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.
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: 6:00 p.m.

2.	PLEDGE OF ALLEGIANCE

3.	ROLL CALL: Councilmembers Adam, Jones, McNamee, Engler, and Mayor Bill-de la Peña

4.	REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:

5.	SPECIAL PRESENTATIONS AND ANNOUNCEMENTS: None

6.	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. 2011-066/067)

CONSENT CALENDAR:

Recommendations for Items A. through H. are to approve.

A.	General, Utilities, Golf Course, and Theatres Demands – ratify October 27, 2021, and November 3, 2021; approve November 10, 2021, subject to review and ratification

Minutes of City Council meeting of October 26, 2021

$78,225 Increase to FY 2021-22 Capital Budget, Fully Offset by FY 2022-23 Capital Budget Transfer: Drake Drive Flood Mitigation (CI 5656); Professional Services Agreement with M6 Consulting Inc., in amount not-to-exceed $94,830, for design and engineering services, plus extra services of $9,470, with term ending 06/30/2024; budget transfer in amount of $78,225 A/C #183-5310-631-8300, FY 2022-23 (CI 5656, Drake Drive Flood Mitigation) to A/C #183-5310-631-8300, FY 2021-22 (CI 5656, Drake Drive Flood Mitigation); authorize expenditure in amount of $104,300 ($94,830 agreement plus extra services of $9,470); $78,225 A/C #183-5310-631-8300 (CI 5656, Drake Drive Flood Mitigation) and $26,075 A/C #001-5310-631-8300 (CI 5656, Drake Drive Flood Mitigation)

Approved Expenditure: Direct Access Electricity Agreement; authorize City Manager to execute Third Amendment to agreement with 3 Phases Renewables (Cont. No. 11687-2018) to provide electricity for 14 of City's metered electrical accounts under California's Direct Access Program, extending termination date from 12/31/2021 to 12/31/2024

Approved Expenditure: 2022 Pavement Overlay and Slurry Program (CI 5538, CI 5568, & MI 2558); Third Amendment to Professional Services Agreement No. 12785-2021 with Pavement Engineering, Inc., for additional design and testing services in amount of $27,156 for revised not-to-exceed amount of $547,004; award Professional Services Agreement to D. Woolley & Associates, in amount not-to-exceed $690,500 for survey monuments preservation services, plus $69,000 for extra services with term ending 12/31/2023; authorize expenditure in amount of $786,656 ($27,156 third amendment, $690,500 agreement, $69,000 of extra services) A/C #135-5310-631-8300 (CI 5538, 2022 Pavement Overlay Program)

Approved Expenditure: 1994-1 Community Facilities District Annual Report; receive and file Annual Report on 1994-1 Community Facilities District (Marketplace Public Pedestrian, Traffic Circulation, and Parking Facilities) in compliance with Local Agency Special Tax Bond and Accountability Act

Approved Expenditure: Limited Franchise Solid Waste Agreements; adopt resolution

RESOLUTION APPROVING LIMITED FRANCHISE SOLID WASTE AGREEMENTS WITH AMERICAN RECLAMATION, INC.; ARAKELIAN ENTERPRISES, INC. DBA ATHENS SERVICES; EJ HARRISON AND SONS, INC.; AND WARE DISPOSAL INC.

Approved Expenditure: Fiscal Year 2021-22 Transportation Development Act Funds Additional Funding; adopt resolution

RESOLUTION AUTHORIZING CLAIM FOR ALLOCATION OF FY 2021-22 FUNDS FROM VENTURA COUNTY LOCAL TRANSPORTATION FUNDS AS OUTLINED IN 1971 TRANSPORTATION DEVELOPMENT ACT

PUBLIC HEARINGS:

Mixed-Use Project at 1872 Newbury Road (Timber School); Applicant: Daylight Thousand Oaks, LLC

ORDINANCE ADOPTING SPECIFIC PLAN NO. 21 (1872 NEWBURY ROAD), AND ITS ASSOCIATED GENERAL PLAN AMENDMENT; AND AUTHORIZING THE LAND USES AND DEVELOPMENT STANDARDS IN SAID SPECIFIC PLAN (APPLICANT: DAYLIGHT THOUSAND OAKS, LLC)

RESOLUTION APPROVING GENERAL PLAN AMENDMENT, ZONE CHANGE; LOT LINE ADJUSTMENT; DEVELOPMENT AGREEMENT; DEVELOPMENT PERMIT; SPECIFIC PLAN; OAK TREE PERMIT; LANDMARK TREE PERMIT; AND MITIGATED NEGATIVE DECLARATION FOR USE OF CERTAIN PROPERTY WITHIN SAID CITY AT 1872 NEWBURY ROAD (LU 2019-70504; ZC 2020-70275; LLA 2020-70272; DP 2020-70277; SP 2020-70276, OTP 2020-70278; LTP 2021-70289; DAGR 2020-70273 and MND 2020-70279; DAYLIGHT THOUSAND OAKS, LLC)

RECOMMENDATION:

1. Adopt omnibus resolution approving General Plan Amendment (LU 2019-70504) to change the General Plan land use designation from Commercial to Commercial/Residential; Lot Line Adjustment (LLA 2020—70272) to reconfigure parcel lines to establish two legal lots of record; Zone Change (ZC 2020-70275) to change the zone from Highway and Arterial Business (C-2) to Specific Plan (SP) 21; Specific Plan (SP-21) to establish specific development standards for the mixed-use project; Oak Tree Permit (OTP 2020-70278) to allow the removal of six protected oak (Quercus agrifolia) trees; Landmark Tree Permit (LTP 2021-70289) to allow encroachment within the protected zone of four California sycamore (Platanus racemosa) trees and for removal of three California black walnut (Juglans californica) trees; accepting the Mitigated Negative Declaration (MND 2020-70279) and mitigation monitoring plan; and approving Development Agreement (DAGR 2020-70273) to specify public and private benefits and responsibilities related to the project

2. Read ordinance in title only, further reading be waived, and, if no objection, introduce ordinance adopting Specific Plan No. 21 (1872 Newbury Road), and its associated General Plan Amendment, and authorizing the land uses and development standards in said Specific Plan

9.	STUDY SESSIONS: None

10.	DEPARTMENT REPORTS: None

11.	COMMITTEE/COMISSION/BOARD REPORTS: None

12.	CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None

13.	COUNCIL ISSUES/RECOMMENDATIONS: None

14.

CITY MANAGER:

A.	Announcements and upcoming issues

15.

CLOSED SESSION:

A.	CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: Alison Piazza, et al. v. Tony Reveles, et al.; Case No. 56-2018-00513538-CU-PA-VTA. Pursuant to Government Code Section 54956.9(a)

B.	CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: G I Industries vs. City of Thousand Oaks, et al.; Case No. 56-2021-00553340-CU-WM-VTA. Pursuant to Government Code Section 54956.9(a)

C.	CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: G I Industries vs. City of Thousand Oaks, et al; Case No. 56-2021-00554581-CU-WM-VTA. Pursuant to Government Code Section 54956.9(a)

16.	PUBLIC NOTICES: None

17.	ADJOURNMENT: Adjourn to Regular Meeting November 16, 2021 Agenda Post Date/Time: November 4, 2021, 7:00 p.m.

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