Meeting

City Council
REGULAR MEETING
Tuesday, February 28, 2023
Andrew P. Fox City Council Chambers
Closed Session: 5:00 PM
Regular Session: 6:00 PM
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Public advisory: Face masks are recommended.
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.
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 to the public.
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.

Kevin McNamee, Mayor
Al Adam, Mayor Pro Tem
Bob Engler, Councilmember
David Newman, Councilmember
Mikey Taylor, Councilmember
Executive Team

Andrew P. Powers, City Manager	Tracy M. Noonan, City Attorney
Ingrid Hardy, Assistant City Manager	Jaime Boscarino, Finance Dir./City Treasurer
Kelvin Parker, Community Development Director	Clifford G. Finley, Public Works Director
Laura B. Maguire, City Clerk	Tim Giles, Human Resources Director
Jonathan Serret, Cultural Affairs Director	Jennifer Patterson, Library Services Director
Jim Friedl, General Manager, CRPD	Alexandra South, Strategic Communications/Public Affairs Dir.
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). Be advised that those participating via Zoom do so at their own risk. The City Council meeting will not be cancelled if any technical issues occur during the meeting. If you would like to speak IN PERSON, speaker cards will be available at the meeting and MUST be submitted in person. Doors open half an hour before meeting start time. 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: Closed Session - 5:00 p.m.

2.	ROLL CALL:

3.	PUBLIC COMMENTS: Comments on Closed Session items only

CLOSED SESSION:

A.	CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: Katelyn Clint vs. Fred Gessler and City of Thousand Oaks, Ventura County Superior Court Case Number: 56-2021-00551445-CU-PA-VTA; Pursuant to Government Code Section 54956.9(a).

B.	CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: David Hernandez vs. City of Thousand Oak. Ventura County Superior Court Case Number: 56-2021-00555370-CU-PO-VTA; Pursuant to Government Code Section 54956.9(a).

5.	CLOSED SESSION REPORT:

6.	ADJOURNMENT: Adjourn to Regular Meeting

7.	CALL TO ORDER: Regular Session - 6:00 p.m.

8.	PLEDGE OF ALLEGIANCE:

9.	ROLL CALL:

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

11.	SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:

12.	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)

13.

CONSENT CALENDAR:

A.	General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION: Ratify February 15, 2023, and February 22, 2023; approve March 1, 2023, and March 8, 2023, subject to review and ratification

Minutes of Special and Regular City Council meetings of February 14, 2023

RECOMMENDATION:

Approve

Area Housing Authority of the County of Ventura’s Board of Commissioners Appointments

RECOMMENDATION:

1. Approve re-appointment of Charles Lech and Mark Lunn, as City of Thousand Oaks representatives to the Area Housing Authority of the County of Ventura’s Board of Commissioners for a four-year term ending March 2027.

2. Find that this action is not a project as defined under the California Environmental Quality Act.

Libraries Master and Space Planning Agreement Amendment (MI 2538, MI 2539)

RECOMMENDATION:

1. Approve Second Amendment to Professional Services Agreement with Johnson Favaro, LLP of Culver City, CA (Contract No. 12597-2020) for design phase support services in the amount of $358,925 plus extra services of $40,000, for a revised not-to-exceed amount of $442,685.

2. Authorize expenditure in the amount of $442,685; $265,611 from A/C #110-7310-673-5500 (MI 2538, T.O. Library Interior Remodel) and $177,074 from A/C #110-7410-673-5500 (MI 2539, N.P. Library Interior Remodel).

3. Find that this action is not a project as defined under the California Environmental Quality Act.

Termination of Local Emergency Executive Orders Pertaining to COVID-19

RESOLUTION TERMINATING PROCLAMATION OF LOCAL EMERGENCY DECLARED IN RESPONSE TO COVID-19 PANDEMIC AND RESCINDING EXECUTIVE ORDER NO. 2020-01 AND RESOLUTION NO. 2021-055

RECOMMENDATION:

1. Adopt resolution terminating proclamation of local emergency made March 12, 2020, and ratified on March 17, 2020, and all related executive orders and resolutions still in effect.

2. Find that this action is not a project as defined under the California Environmental Quality Act.

Remote Lockers at Grant R. Brimhall Library

RECOMMENDATION:

1. Approve single source purchase of Remote Lockers from Bibliotheca, LLC (Norcross, GA), in the amount of $48,036 for the Grant R. Brimhall Library.

2. Approve budget appropriation and expenditure of $48,050 for the purchase of Bibliotheca remote lockers for the Grant R. Brimhall Library from A/C #110-7020-486-0000 (Friends of the Library Revenue) to A/C #110-7020-673-8400 (Equipment $5,000 and Over).

3. Find that this action is not a project as defined under the California Environmental Quality Act.

Transfer of Fire Facility Development Impact Fees

RECOMMENDATION:

1. Authorize transfer of fire facility development impact fees in the amount of $238,733 to the Ventura County Fire Protection District.

2. Approve budget appropriation and expenditure in the amount of $238,733 from A/C #563-0000-311-10-00 (Developer Fee Fund Balance) to A/C #563-5310-622-59-20 (Project #DF0946, Other Contractual/Grants & Donations).

3. Find that this action is not a project as defined under section 15378(b)(5) of the California Environmental Quality Act Guidelines.

City Website Redesign, Intranet, and Content Management System

RECOMMENDATION:

1. Award professional services agreement to JesseJames Creative, New York, NY, for the City Website Redesign, Library Website Redesign and Content Management System (CMS), and cloud-based hosting project for an amount not-to-exceed $220,000.

2. Authorize expenditure of available funds in the total amount of $220,000 from A/C # 001-0830-646.56-99.

3. Find that this action is not a project as defined under the California Environmental Quality Act.

14.

PUBLIC HEARINGS:

Prefabricated Solar Systems at Various City Facilities (CI 5562)

RECOMMENDATION:

1. Approve the project design, specifications, and Addenda 1 through 8 for the Prefabricated Solar Systems at Various City Facilities Project (CI 5562).

2. Award an Energy Services Agreement for design and construction of the solar systems, under Government Code section 4217.10 et seq. procurement process, to Staten Solar Corporation (San Jose, CA) in the amount of $5,455,984, plus a contingency of $545,598, for a total of $6,001,582 with a term ending December 31, 2025.

3. Approve budget appropriation in the amount of $3,053,582 as follows; $81,968 from A/C #110-0000-311-1000 (Library Fund, Fund Balance) to A/C #110-7310-673-8300 (Library Fund, Improvements other than buildings); $16,880 from A/C #651-0000-341-9900 (Transportation Fund, Net Position) to A/C #651-5310-682-8300 (Transportation Fund, Improvements other than buildings); and $2,954,734 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001-3560-612-8300 ($2,148,068, Los Robles Golf Course), A/C #001-3573-677-8300 ($304,128, Teen Center), and A/C #001-3574-677-8300 ($502,538, Goebel Adult Center).

4. Authorize expenditure in the amount of $6,001,582 ($5,455,984 design and construction contract, $545,598 contingency) as follows: $2,148,068 from A/C #001-3560-612-8300 (Los Robles Golf Course, Improvements other than buildings), $304,128 from A/C #001-3573-677-8300 (Teen Center, Improvements other than buildings), $502,538 from A/C #001-3574-677-8300 (Goebel Adult Center, Improvements other than buildings), $2,131,183 from A/C #110-7310-673-8300 (Library Fund, Improvements other than buildings), $498,785, from A/C #110-7410-673-8300 (Library Fund, Improvements other than buildings), and $416,880 from A/C #651-5310-682-8300 (Transportation Fund, Improvements other than buildings).

5. Delegate authority to the City Engineer to approve changes in the design, plans, specifications, and working details of the project, and on work directives and change orders up to the project-approved contingency amount.

6. Find that this project is exempt from the California Environmental Quality Act pursuant to California Public Resource Code 21080.35, 14 C.C.R. Section 15301, and/or 14 C.C.R. Section 15061(b)(3).

15.	STUDY SESSIONS: None

16.

DEPARTMENT REPORTS:

Navigation Center Exclusive Negotiation Agreement and Right of Entry Agreement

RECOMMENDATION:

1. Approve the Exclusive Negotiation Agreement between the City of Thousand Oaks and Many Mansions (Thousand Oaks, CA), Hope the Mission, dba Hope of the Valley Rescue Mission (Mission Hills, CA), and DignityMoves (San Francisco, CA) (collectively, “Proposer”) for the development of a Navigation Center on the City-owned parcel at 1205 Lawrence Drive.

2. Approve the Right of Entry Agreement between the City of Thousand Oaks and Proposer for the development of a Navigation Center at 1205 Lawrence Drive.

3. Authorize the City to be identified as a co-applicant on the County of Ventura’s grant application to the State of California for the Encampment Resolution Grant.

4. Authorize the City Manager to initiate the preparation of a lease agreement, operation and service agreements, and other ancillary documents (“Definitive Agreement”) necessary to properly develop, construct, secure, operate, and maintain the Navigation Center.

5. Authorize the City Manager to execute the County of Ventura Agreement to Provide Financial Support for Permanent, Year-Round Shelter Serving Homeless Individuals and Families and sign additional limited modifications to the Agreement.

6. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).

Hillcrest Site (382 and 384 N. Erbes Road) Exclusive Negotiating Agreement

RECOMMENDATION:

1. Approve the Exclusive Negotiating Agreement between the City of Thousand Oaks and People’s Self-Help Housing Corporation, San Luis Obispo, CA, for the development of the City-owned parcel at 382 and 384 N. Erbes Road as a for-sale affordable housing project.

2. Approve the Right of Entry Agreement between the City of Thousand Oaks and People’s Self-Help Housing Corporation, San Luis Obispo, CA, for the development of the City-owned parcel at 382 and 384 N. Erbes Road as a for-sale affordable housing project.

3. Authorize City Manager to initiate preparation of a Disposition and Development Agreement between the City of Thousand Oaks and People’s Self-Help Housing Corporation.

4. Find that this action is not a project as defined under the California Environmental Quality Act.

Inclusionary Housing Program and Nonresidential Development Linkage Fee Update Policy

RECOMMENDATION:

1. Discuss the Inclusionary Housing Financial Evaluation and Nonresidential Development Linkage Fee Nexus Study results.

2. Provide direction on completing updates to the Inclusionary Housing Program and Nonresidential Development Linkage Fee ordinances.

3. Find that this action is not a Project as defined under the California Environmental Quality Act.

17.	COMMITTEE/COMISSION/BOARD REPORTS: None

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

19.

COUNCIL ISSUES/RECOMMENDATIONS:

Update on Cal Cities New Mayors and Councilmembers Academy - February 1-3, 2023, Los Angeles-Universal City Sheraton

RECOMMENDATION:

1. Receive report.

2. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).

20.

CITY MANAGER:

A.	Announcements and upcoming issues

21.	PUBLIC NOTICES: None

22.	ADJOURNMENT: Adjourn to Regular Meeting March 14, 2023

Agenda Post Date/Time: Feb 23, 2023, 5:00P.M.
CCD:610-40\h:\common\agenda\2023\02-28-23.docx

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