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City Council
REGULAR MEETING

TELECONFERENCE/VIDEO CONFERENCE
Tuesday, February 22, 2022, 6:00 PM
Andrew P. Fox City Council Chambers

Citysealsm
Public advisory: The City Council Chambers are closed to the public.
You may view the City Council meeting broadcast live on TV
(Frontier Channel 3, Spectrum Channel 10), and YouTube (CTO Meetings). 
Pursuant to Assembly Bill 361, City Councilmembers will be participating via teleconference and/or video conference.
If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.
If you would like to speak on an agenda item, please complete the online Speaker Form. Please see Public Input section below for more information.
Pursuant to the Assembly Bill, and 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.
Bob Engler, Mayor
Ed Jones, Mayor Pro Tem
Claudia Bill-de la Peña, Councilmember
Al Adam, 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 Jennifer Patterson, 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. If you would like to speak 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). 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 Bill-de la Peña, Adam, McNamee, Jones, and Mayor Engler
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) 
7.
CONSENT CALENDAR:
A.
General, Utilities, Golf Course, and Theatres Demands

RECOMMENDATION:

Ratify February 9, 2022, and February 16, 2022; approve February 23, 2022, March 2, 2022, March 9, 2022, March 16, 2022, and March 23, 2022, subject to review and ratification.

B.
Minutes of City Council meeting of February 8, 2022

RECOMMENDATION:

Approve.

C.
2022 Southern California Association of Governments General Assembly - Delegate Representative

RECOMMENDATION:

Designate Councilmember Al Adam as the Delegate Representative and Mayor Bob Engler as the Alternate Representative for the City at the Southern California Association of Governments (SCAG) Regional Conference and General Assembly, which will take place May 4-6, 2022.

D.
Hillcrest Affordable Housing Contract

RECOMMENDATION:

1. Authorize City Manager to execute contract with RSG, Inc. of Irvine, California, for an amount not to exceed $124,000 for consultant services related to the Hillcrest Affordable Housing Development Project.

2. Approve sole source acquisition of professional housing consultant services pursuant to Thousand Oaks Municipal Code Section 3-10.202.

3. Approve expenditure in an amount not to exceed $124,000 from A/C #163-4640-644-59-27 (Housing Trust Fund – Consultants) (Project #ARPA21).

E.
2022 Pavement Overlay (CI 5538, CI 5568, and MI 2230) and Slurry Program (MI 2558)

RECOMMENDATION:

1. Approve project plans, specifications, Addenda Nos. 1 through 4, for the 2022 Pavement Overlay and Resurfacing Program (CI 5538, CI 5568, and MI 2230).

2. Award construction contract to Sully-Miller Contracting Company of Brea, CA for the 2022 Pavement Overlay and Resurfacing Program (CI 5538, CI 5568, and MI 2230) in the amount of $13,176,154.20, plus a contingency of $1,962,500.

3. Approve project plans, specifications, Addendum No. 1, for the 2022 Slurry Program (MI 2558).

4. Award construction contract to Petrochem Material Innovation, LLC, of Carlsbad, CA for the 2022 Pavement Slurry Program (MI 2558) in the amount of $2,292,720, plus a contingency of $229,300.

5. Approve Professional Services Agreement with Twining, Inc., of Long Beach, CA in the amount of $705,135, plus extra services of $70,515 [$493,595 plus $49,360 extra services (CI 5538), and $211,540, plus $21,155 extra services (MI 2558)] to provide material testing and inspection services for the 2022 Pavement Overlay (CI 5538) and Pavement Slurry Program (MI 2558), with a term ending June 30, 2023.

6. Approve budget appropriation increase to the FY 2021-22 Water and Wastewater Fund Budgets in the amount of $270,000; $70,000 from A/C #613-0000-341-9900 (Water Capital Fund, Net Position) to A/C #613-5310-682-8300 (Water Capital Fund Improvements) and $200,000 from A/C #624-0000-341-9900 (Wastewater Capital Fund, Net Position) to A/C #624-5310-682-8300 (Wastewater Capital Fund Improvements).

7. Approve budget transfer in the amount of $360,000 from A/C #137-5310-631-8300 (2022 Pavement Overlay - CI 5538) to A/C #137-5310-631-8300 (2022 Citywide Curb Ramp Program - CI 5568).

8. Authorize expenditures in the amount of $18,456,324.20 for the 2022 Pavement Overlay and Slurry Program; $14,227,810.20 (CI 5538), $1,157,475.00 (CI 5568), $306,324.00 (MI 2230), and $2,764,715.00 (MI 2558) as outlined in the budget appropriations and expenditures summary.

9. Delegate authority to the City Engineer to approve changes to the design, plans, and specifications of the projects on work directives and change orders up to the project’s approved contingency amount.

F.
Hill Canyon Treatment Plant Digester No. 1 Rehabilitation Project (MI 2564)

RECOMMENDATION:

1. Approve Change Order No. 3 to Contract No. 12819-2021 with James C. Cushman, Inc. (Goleta, CA) on the Hill Canyon Treatment Plant Digester No. 1 project in the amount of $16,559.14 for a new revised not-to-exceed amount of $1,066,641.14.

2. Approve budget appropriation and expenditure in the amount of $16,560 from A/C #624-0000-341-9900 (Wastewater Fund, Net Position) to A/C #624-8250-682-5500 (MI 2564, HCTP Digester No. 1 Rehabilitation Project).

G.
Conejo Canyons Bridge at Hill Canyon Treatment Plant (CI 5527)

RECOMMENDATION:

1. Approve Fourth Amendment to Professional Services Agreement No. 11855-2018 with Stantec Consulting Services, Inc., Santa Barbara, CA, in the amount of $77,742 for additional design and engineering services for the Conejo Canyons Bridge at Hill Canyon Treatment Plant project (CI 5527) for a new not-to-exceed total amount of $212,434, with a term extension through December 31, 2023, plus $9,000 for extra services.

2. Approve expenditures in the amount of $86,742 ($77,742 Amendment, plus extra services of $9,000) from A/C #001-4410-671-8300 (CI 5527, Conejo Canyons Bridge at HCTP).

H.
EARThS Magnet Community Enhancement Grant

RECOMMENDATION:

Accept the EARThS Magnet School Community Enhancement Grant Report and deem the project substantially complete.

I.
Wastewater Interceptor Capital Improvement Program Unit W – Condition Assessment (CI 5445)

RECOMMENDATION:

Adopt resolution adopting the Mitigated Negative Declaration and Mitigation Monitoring Plan for the Wastewater Interceptor Capital Improvement Program Unit W Condition Assessment (CI 5445).

RESOLUTION ADOPTING MITIGATED NEGATIVE DECLARATION FOR THE WASTEWATER INTERCEPTOR CAPITAL IMPROVEMENT PROGRAM UNIT W (CI 5445); AND ADOPTING THE MITIGATION MONITORING PROGRAM

8.
PUBLIC HEARINGS:
A.
Objective Design Standards (MCA 2020-70250)

ORDINANCE AMENDING THE THOUSAND OAKS MUNICIPAL CODE BY ADDING ARTICLE 22 AND MODIFYING SECTIONS 9-4.202, 9-4.2501, AND 9-4.2505 TO UPDATE THE CITY’S ZONING REGULATIONS WITH OBJECTIVE DESIGN STANDARDS FOR RESIDENTIAL DEVELOPMENT, REVISING BUILDING HEIGHT DEFINITION AND REVISING HEIGHT REQUIREMENTS FOR THE R-3 AND R-P-D ZONES. (MCA-2020-70250)


RECOMMENDATION:

1. Find that this Municipal Code Amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines; and

2. Read ordinance in title only, further reading be waived, and if no objection introduce ordinance to adopt amendments to Chapter 4 of Title 9 of the Thousand Oaks Municipal Code related to Objective Design Standards for Residential Development.
B.
Extension of Urgency Ordinance and Initiation of Municipal Code Amendment Regarding Self-Storage Facilities

INTERIM URGENCY ORDINANCE EXTENDING ORDINANCE NO. 1696-NS, WHICH DECLARED A TEMPORARY MORATORIUM ON THE APPROVAL OR ISSUANCE OF ANY PERMIT, LICENSE, OR ENTITLEMENT RELATING TO APPLICATIONS FOR SELF-STORAGE FACILITIES

RESOLUTION DECLARING INTENTION TO CONSIDER AMENDMENTS TO THE THOUSAND OAKS MUNICIPAL CODE TO UPDATE REGULATIONS APPLICABLE TO NEW OR MODIFIED SELF-STORAGE FACILIITIES IN THE CITY (MCA 2022-70051)


RECOMMENDATION:

1. Adopt urgency ordinance extending for 10 months, 15 days (total of 1 year) the urgency ordinance adopted on January 25, 2022, that declared a moratorium on City approval or issuance of any permit, license, or entitlement relating to applications for the development and construction of self-storage facilities. (Requires four-fifths vote.)

2. Find this report to be the written description of measures taken to alleviate the condition which led to the adoption of the ordinance, as required by California Government Code Section 65858(d).

3. Adopt resolution to Initiate Municipal Code Amendment (MCA) to consider new and/or revised development standards, processes, and findings for new or modified self-storage facilities.

4. Find that this interim urgency ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.
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:
A.
Anti-Hate Resolution

RESOLUTION REAFFIRMING FINDINGS IN ACCORDANCE WITH CITY COUNCIL GOAL NO. 1, AUTHORIZING AN OFFICIAL POSITION AGAINST BIGOTRY, WHITE SUPREMACY, ANTI-SEMITISM, HATE SPEECH IN THE CITY OF THOUSAND OAKS AND ITS SUBORDINATE BODIES


RECOMMENDATION:

Adopt resolution as written.
14.
CITY MANAGER:
A.
Announcements and upcoming issues
 
15.
CLOSED SESSION: None
16.
PUBLIC NOTICES: None
17.
ADJOURNMENT: Adjourn to Regular Meeting March 29, 2022
Agenda Post Date/Time: Feb 17, 2022, 5:00 P.M.
CCD:610-40\h:\common\agenda\2022\02-22-22.docx