Meeting Agenda header image
City Council
REGULAR MEETING

Tuesday, May 21, 2024
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


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

 Executive Team 
Andrew P. Powers, City Manager Tracy M. Noonan, City Attorney
Ingrid Hardy, Assistant City Manager Akbar Alikhan, Deputy City Manager
Kelvin Parker, Community Development Director Jaime Boscarino, Finance Dir./City Treasurer
Laura B. Maguire, City Clerk Clifford G. Finley, Public Works Director
Jonathan Serret, Cultural Affairs Director  Tim Giles, Human Resources 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:

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.org. 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 $250 (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 $250 (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 $250 (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 $250 (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 atend 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 [email protected] 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 inter 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 [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.
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 – Pending Litigation: Consolidated Electric Distributors, Inc. et al. vs. Keough Electric Corp, et al., Ventura County Superior Court Case Number: 2024CLBC022986; Pursuant to Government Code Section 54956.9(a).
D.
CONFERENCE WITH LEGAL COUNSEL – Anticipated Litigation: Initiation of litigation; Pursuant to Government Code Section 54956.9(d)(4). (1 Potential Case)
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:
A.
K1 Speed 2024 California State Go Cart Championship Winners
B.
Business Recognition Program
C.
2-1-1 Update
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 May 8, 2024, and May 15, 2024; approve May 22, 2024, and May 29, 2024, subject to review and ratification
B.
Minutes of City Council meeting of May 7, 2024

RECOMMENDATION:

Approve
C.
Purchase of Vehicles

RECOMMENDATION:

1. Approve “piggyback” purchase of one Ford F-350 Stake Bed Truck and one Ford F-450 Stake Bed Truck from Rush Truck Center (Whittier, CA) through BuyBoard Contract #724-23 for replacement of assets #5630-265 and #5610-318 for a total cost of $155,328.17.

2. Authorize expenditure in the amount of $155,328.17 as follows: $76,566.38 from A/C #001-5630-632-8400 (General Fund - Landscape Equipment Over $5,000) partially offset in the amount of $38,877.00 from A/C #001-5630-632-8900 (General Fund - Landscape Fixed Asset Replacement); and $78,761.79 from A/C #001-5610-631-8400 (General Fund - Street Equipment Over $5,000) partially offset in the amount of $19,476.00 from A/C #001-5610-631-8900 (General Fund - Street Fixed Asset Replacement)

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

LEVINE ACT ITEM: Yes
D.
Westlake Boulevard (CI 5590) and Erbes Road (CI 5655) Flood Mitigation Projects

RECOMMENDATION:

1. Authorize staff to advertise the Westlake Boulevard (CI 5590) and Erbes Road (CI 5655) Flood Mitigation Projects for construction bids.

2. Find that the projects are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15304.

LEVINE ACT ITEM: No
E.
Woodcrete Fence Replacement Project (CI 5435)

RECOMMENDATION:

1. Authorize staff to advertise the Woodcrete Fence Replacement Project (CI 5435) for construction bids.

2. Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15302.

LEVINE ACT ITEM: No
F.
Environmental Consulting Services Agreement Amendment

RECOMMENDATION:

1. Approve Second Amendment to Task Order No. 3 (On-Call Contract No. 12520-2020) with Dudek Consulting of Santa Barbara, CA, for the environmental documents prepared for the Los Robles Comprehensive Cancer Center Project at 400 East Rolling Oaks Drive and zoning and land use designation changes at 355 West Janss Road, in the amount of $54,825, increasing the total not-to-exceed amount to $349,352.

2. Authorize staff to waive formal Request for Proposal/Qualifications (RFP/Q) process and amend the task order to allow a not-to-exceed amount above the $125,000 task order threshold, pursuant to Thousand Oaks Municipal Code (TOMC) Section 3-10.501.

3. Authorize expenditure in the amount of $54,825 from A/C #001-4210-641-5947 (General Fund - Contracted Services, Reimbursable).

4. Find that the approval of a professional services agreement is not a project under California Environmental Quality Act (CEQA) Guideline Section 15378(b)(5) (CCR, Title 14, Chapter 3, Article 20).

LEVINE ACT ITEM: Yes
G.
Grant Underground Easement to Southern California Edison Adjacent to Brossard Drive – APN 669-0-161-075

RECOMMENDATION:

1. Approve Grant Deed of Easement to Southern California Edison Company (SCE) and authorize the City Engineer to execute all necessary documents for dedication of the easement on City property (APN 669-0-161-075).

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

LEVINE ACT ITEM: No
H.
2024 Pavement Overlay Program (CI 5594)

RESOLUTION aDOPTing LIST OF PROJECTS FOR FY 2024-25 funded by SB 1: The Road Repair and Accountability Act OF 2017


RECOMMENDATION:

1. Adopt resolution approving list of streets that will be funded in part with FY 2024-25 SB1 Road Maintenance and Rehabilitation Account revenue for construction of the 2024 Pavement Overlay Program (CI 5594).

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

LEVINE ACT ITEM: No
I.
Lynn Road Class IV Bike Lane and Pedestrian Improvements (CI 5660)

RESOLUTION RESCINDING RESOLUTION NO. 2023-017 APPROVING COOPERATIVE AGREEMENT NO. 07-5302 WITH STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR CONSTRUCTION OF SEPARATED CLASS IV BIKE LANES AND PEDESTRIAN IMPROVEMENTS PROJECT (CI 5660)


RECOMMENDATION:

1. Adopt resolution rescinding Resolution No. 2023-017 approving Cooperative Agreement No. 07-5302 with the State of California Department of Transportation (Caltrans) for the Lynn Road Bike Lanes and Pedestrian Improvements Project (CI 5660).

2. Execute Caltrans Cooperative Agreement No. 07-5302 Termination Statement.

3. Approve budget appropriation and expenditure in FY 2023-24 in the amount of $724 from A/C #136-0000-433-0000 (Intergovernmental Revenue/Gas Tax) to A/C #136-5310-631-8300 (CI 5660, Lynn Road Bike Lanes and Pedestrian Improvements project).

4. Authorize transfer of expenditure in FY 2023-24 in the amount of $150,724 ($123,348 for MNS Engineers Inc. agreement, plus extra services of $14,852, and $12,524 for City Furnished Materials and Supplies) from A/C #001-5310-631-8300 (General Fund, Lynn Road Class IV Bike Lane and Pedestrian Improvements Project, CI 5660) to A/C #136-5310-631-8300 (CI 5660, Lynn Road Bike Lane and Pedestrian Improvements Project).

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

LEVINE ACT ITEM: No
J.
Celebration of the City’s 60th Anniversary through the Arts

RECOMMENDATION:

  1. Approve budget appropriation and authorize expenditure in FY 2023-24 in the amount of $25,000 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001-1240-674-5699 (General Fund, Special Events – Contracted Services).  
 
  1. Approve budget appropriation and authorize expenditure in FY 2024-25 in the amount of $35,000 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to #001-1240-674-5699 (General Fund, Special Events – Contracted Services).
 
  1. Find that this action is not a project as defined under the California Environmental Quality Act.

    LEVINE ACT ITEM: No
K.
Crowd Control Security Services for Bank of America Performing Arts Center

RECOMMENDATION:

1. Approve contract for Crowd Control Security Services to Allied Universal Event Services, based in Westminster, California, in an amount not to exceed $2.5 million for event security services for the Bank of America Performing Arts Center (BAPAC) with an initial term running from July 1, 2024, through June 30, 2027, with two optional one-year extensions.

2. Approve budget appropriation in the amount of $242,500 from A/C #681-0000-341-9900 (Theatres Fund Retained Earning/Undesignated) for FY 2024-25 as follows:  $150,000 to A/C #681-7710-682-5660 (Kavli Security) and $92,500 to A/C #681-7810-682-5660 (Scherr Security).

3. Authorize expense in the amount of $350,000 from A/C #681-7710-682-5660 (Kavli Security) and $150,000 from A/C #681-7810-682-5660 (Scherr Security) for FY 2024-25. 

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

LEVINE ACT ITEM: Yes
L.
FY 2024-25 Top Ten Priorities

RECOMMENDATION:

1. Approve City Council Top Ten Priorities for FY 2024-25.

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

LEVINE ACT ITEM: No
M.
Conejo Recreation and Park District License Agreement to Use City Facility – 401 West Hillcrest Drive

RECOMMENDATION:

1. Approve the execution of a license agreement with Conejo Recreation and Park District (Thousand Oaks, CA), for use of 4,800 square feet of the City-owned 401 West Hillcrest Drive building from May 22 to November 18, 2024.

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

LEVINE ACT ITEM: No
N.
Transportation Management System Software Upgrade

RECOMMENDATION:

1. Approve a single source designation and the purchase of a centralized computer software system upgrade and maintenance agreement, Centracs Advanced Transportation Management System and Centracs Mobility System Service, from Econolite Control Products, Anaheim, CA in the amount of $141,221, with a term ending June 30, 2027.

2. Authorize expenditure in the amount of $141,221 in FY 2023-24 as follows: $112,650 from A/C #141-5570-631-8640 (Lighting Fund – Signal Maintenance, Subscription Lease) and $28,571 from A/C #141-5570-631-4300 (Lighting Fund – Signal Maintenance, Software Maintenance).

3. Approve budget appropriation transfer in the amount of $141,221 in FY 2023-24 from A/C #141-5570-631-3122 as follows: $112,650 to A/C #141-5570-631-8640 (Lighting Fund – Signal Maintenance, Subscription Lease) and $28,571 to A/C #141-5570-631-4300 (Lighting Fund – Signal Maintenance, Software Maintenance).

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

LEVINE ACT ITEM: Yes
10.
PUBLIC HEARINGS:
A.
Proposed Mixed-Use Development (500 East Thousand Oaks Boulevard)
 
RESOLUTION TO consider Addendum to Environmental Impact Report (EIR) No. 327 AND APPROVE SPECIAL USE PERMIT; DEVELOPMENT AGREEMENT; AND PROTECTED TREE PERMIT FOR USE OF CERTAIN PROPERTY WITHIN SAID CITY AT 500 EAST THOUSAND OAKS BOULEVARD (APPLICANT: Cherry Tree Development, LLC)
 
ORDINANCE APPROVING DEVELOPMENT AGREEMENT WITH CHERRY TREE DEVELOPMENT, LLC, RELATING TO Development OF PROPERTY LOCATED AT 500 EAST THOUSAND OAKS BOULEVARD (APN: 525-0-012-230, 669-0-201-030, 669-0-201-040, 669-0-201-050, and 669-0-201-105), THOUSAND OAKS, CALIFORNIA (Development Agreement (DAGR) 2023-70001) 
1ST READING


RECOMMENDATION:

1. Adopt resolution finding that following review and consideration of the Addendum to Thousand Oaks Boulevard Specific Plan Environmental Impact Report (EIR) No. 327 prepared for the project, and in accordance with the California Environmental Quality Act (CEQA), there are no new or increased impacts to the environment beyond what was analyzed in the EIR.

2. Approve Special Use Permit (SUP) 2023-70011 and Protected Tree Permit (PTP) 2023-70067 based on the findings and subject to the recommended conditions of approval included in the resolution.

3. Read ordinance in title only, waive further reading, and if no objection, introduce ordinance to approve Development Agreement (DAGR) 2023-70001. 

4. Authorize expenditure in the amount of $100,000 to Southern California Edison (SCE) from A/C #541-5310-631-5500 (MI 2652, Undergrounding Citywide Private Development) for preliminary engineering of the City’s portion of the utility undergrounding on Hodencamp Road.

LEVINE ACT ITEM: Yes
11.
STUDY SESSIONS: None
12.
DEPARTMENT REPORTS:
A.
November 5, 2024 General Municipal Election and League of Women Voters City Council Candidate Forum
 
RESOLUTION CALLING AND GIVING NOTICE OF HOLDING OF GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR ELECTION OF TWO COUNCILMEMBERS FOR FOUR-YEAR TERMS REPRESENTING DISTRICTS 4 AND 5 AS REQUIRED BY LAWS OF STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES

RESOLUTION REQUESTING VENTURA COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 5, 2024, WITH STATEWIDE PRESIDENTIAL GENERAL ELECTION TO BE HELD ON SAME DATE PURSUANT TO CALIFORNIA ELECTIONS CODE § 10403

RESOLUTION ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES’ STATEMENTS SUBMITTED TO VOTERS AT ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024


RECOMMENDATION:

1. Adopt resolution Calling for the General Municipal Election for November 5, 2024, for election of two Councilmembers (Districts 4 and 5).

2. Adopt resolution Consolidating General Municipal Election with the Statewide Presidential General Election (including contract with Ventura County for Election Services).

3. Adopt resolution Adopting Candidate Statement Guidelines and Costs.

4. Authorize expenditure in an amount not to exceed $33,000 in FY 2024-25 from A/C #001-2110-611-6910 (General Fund - Election Costs) for contract services with Ventura County Elections Division.      

5. Authorize expenditure of $3,000 in FY 2024-25 from A/C #001-2110-611-6910 (General Fund - Election Costs) and approve League of Women Voters’ (LWV) request for use of the Scherr Forum Theatre and Thousand Oaks Television (TOTV) for a televised City Council Candidate Forum on a date to be determined if so requested by LWV and contingent on theatre availability.

6. Find that this is not a project as defined by the California Environmental Quality Act.

LEVINE ACT ITEM: No
13.
COMMITTEE/COMMISSION/BOARD REPORTS: None
14.
CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
15.
COUNCIL ISSUES/RECOMMENDATIONS:
A.
2024 Southern California Association of Governments General Assembly - Update

RECOMMENDATION:

1. Receive report.

2. Find that receiving said report is not a project as defined by the California Environmental Quality Act Guidelines.

LEVINE ACT ITEM: No
16.
CITY MANAGER:
A.
Announcements and upcoming issues
17.
PUBLIC NOTICES: None
18.
ADJOURNMENT: Adjourn to Regular Meeting June 4, 2024
Agenda Post Date/Time: May 21, 2024, 5:00P.M.
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