Meeting Agenda header image
City Council
REGULAR MEETING

Tuesday, September 24, 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
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 Sharon Chen, Interim Human Resources Director
Jonathan Serret, Cultural & Community Services Director  Alexandra South, Strategic Communications/Public Affairs Dir.
Jim Friedl, General Manager, CRPD Jeremy Paris, Police Chief
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.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 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 [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 – Anticipated Litigation: Initiation of litigation; Pursuant to Government Code Section 54956.9(d)(4).  (1 Potential Case)
D.
CONFERENCE WITH LEGAL COUNSEL – Pending Litigation: Ashraf Shahsawarzadeh vs. City of Thousand Oaks, et al., Ventura County Superior Court Case Number: 2023CUPP007741; 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:
A.
Ventura County District Attorney’s Office Informational Presentation
B.
Ventura County Sheriff’s Department Officer Recognition
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 September 11, 2024, and September 18, 2024; approve September 25, 2024, and October 2, 2024, subject to review and ratification
B.
Minutes of City Council meeting of September 10, 2024

RECOMMENDATION:

Approve
C.
Santa Monica Mountains Conservancy Advisory Committee Appointment

RECOMMENDATION:

  1. Approve the re-appointment of Kat Selm to serve as the City’s representative to the Santa Monica Mountains Conservancy Advisory Committee for a two-year term ending September 2026.
 
  1. Find that this action is not a project subject to the California Environmental Quality Act (CEQA).

LEVINE ACT ITEM: No
D.
Cooperative Agreement for Repairs, Operations, and Supplies

RECOMMENDATION:

1. Approve participation agreement with W.W. Grainger, Inc. (Lake Forest, IL), utilizing the Sourcewell (Staples, MN) cooperative agreement #091422-WWG, for facility maintenance, repair, and operations (MRO) and industrial supplies through November 8, 2026, and authorize City Manager to sign participation agreement in substantially the form as attached.

2. Authorize expenditure not to exceed $150,000 annually from various General Fund, Water Fund, Wastewater Fund, Solid Waste Management Fund, and Transportation Fund accounts.

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

LEVINE ACT ITEM: Yes
E.
Square Maintenance Hole Replacements (CI 5757)

RECOMMENDATION:

1. Authorize staff to advertise for construction bids for the Square Maintenance Hole replacements project (CI 5757).

2. Approve budget transfer in the amount of $20,935 in FY 2023-24 from A/C #624-8250-682-5500 (Wastewater Fund – Construction, MI 2645) to A/C #624-8250-682-8300 (Wastewater Fund – Capital Improvements, CI 5757) and $200,000 in FY 2024-25 from A/C #624-8250-682-5500 (Wastewater Fund – Construction, MI 2645) to A/C #624-8250-682-8300 (Wastewater Fund – Capital Improvements, CI 5757).

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

LEVINE ACT ITEM: No
F.
Thousand Oaks Alliance for the Arts 30th Anniversary Fundraising Celebration Event

RECOMMENDATION:

1.  Approve waiver of venue rental expenses, not to exceed $25,000.

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

LEVINE ACT ITEM: Yes
G.
First Amendment to Cross Connection Services Agreement

RECOMMENDATION:

1. Approve First Amendment to Contract No. 13520-2023 with F.L.C. Inc., dba Accurate Backflow Testing and Valve Repair (Accurate), of Van Nuys, CA, to add $25,000 with a new total not-to-exceed amount of $100,000 and adjust the term of the contract to expire on December 31, 2024.

2. Authorize staff to waive formal Request for Proposal/Qualifications (RFP/Q) process and amend the agreement to allow a not-to-exceed amount above the $75,000 informal solicitation threshold, pursuant to Thousand Oaks Municipal Code (TOMC) Section 3-10.501.

3. Authorize additional expenditure in the amount of $25,000 in FY 2024-25 from A/C #001-5630-632-5612 [Contracted Services (Private) / Backflow] and A/C #142-5630-632-5612 [Contracted Services (Private) / Backflow] as available.

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

LEVINE ACT ITEM: Yes
H.
Electric Vehicle Charging Stations at Grant Brimhall and Newbury Park Libraries Project (CI 5569)

RECOMMENDATION:

1. Approve Change Order No. 3 to Contract No. 13182-2023 with Preferred Power Solutions, Inc. (Bakersfield, CA) for Electric Vehicle Charging at Libraries Project (CI 5569) in the amount of $29,701 for a revised not-to-exceed amount of $285,044.
 
2. Authorize expenditure in the amount of $29,701 from A/C #110-7410-673-8300 (CI 5569 - Library Fund, Capital Improvements) for construction contract Change Order No. 3 to Preferred Power Solutions, Inc. for the Electric Vehicle Charging Stations at Newbury Park Library.

3.  Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301, and 14 CCR Section 15311.

LEVINE ACT ITEM: Yes
I.
Fiscal Year 2024-25 Transportation Development Act Allocation Claim

RESOLUTION AUTHORIZING CLAIM FOR ALLOCATION OF FY 2024-25 FUNDS FROM VENTURA COUNTY LOCAL TRANSPORTATION FUNDS AS OUTLINED IN THE 1971 TRANSPORTATION DEVELOPMENT ACT


RECOMMENDATION:

1. Adopt resolution authorizing staff to file a claim with Ventura County Transportation Commission (VCTC) for the Transportation Development Act (TDA) allocation of $5,958,559 from the Local Transportation Fund (LTF) and an estimated $46,000 from the State Transit Assistance (STA) and State of Good Repair (SGR) funds.

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

LEVINE ACT ITEM: No
J.
Cost Allocation and User Fee Study Consulting Services Agreement

RECOMMENDATION:

1. Approve Professional Services Agreement with Matrix Consulting Group (San Mateo, CA) for Cost Allocation Plan and User Fee Study Consulting Services, in an amount of $166,600, plus extra services of $17,000, for a total not-to exceed amount of $183,600, for a three-year period beginning September 24, 2024, through August 31, 2027, with two one-year options to extend the agreement through August 31, 2029.

2. Authorize expenditure in the amount of $73,700 in FY 2024-25 as follows: $17,700 from A/C #001-3110-612-5640 (General Fund - Contracted Services/Management Fees), and $56,000, from A/C #001-3010-612-5640 (General Fund - Contracted Services/Management Fees).

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

LEVINE ACT ITEM: Yes
K.
2025 City Council Meeting Schedule

RESOLUTION SETTING CITY COUNCIL MEETING SCHEDULE FOR CALENDAR YEAR 2025


RECOMMENDATION:

1. Adopt resolution establishing City Council meeting schedule for calendar year 2025.

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

LEVINE ACT ITEM: No
10.
PUBLIC HEARINGS: None
11.
STUDY SESSIONS: None
12.
DEPARTMENT REPORTS:
A.
2024 Citywide Pavement Overlay Program and Curb Ramps (CI 5594 and CI 5595), and Slurry Programs (MI 2610)

RECOMMENDATION:

1. Receive and file the Pavement Overlay Program update report.                 

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

LEVINE ACT ITEM: No
B.
Navigation Center Progress Update

RECOMMENDATION:

  1. Receive report.
 
  1. Find that this action is not a project as defined under 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: None
16.
CITY MANAGER:
A.
Announcements and upcoming issues
17.
PUBLIC NOTICES: None
18.
ADJOURNMENT: Adjourn to Regular Meeting October 8, 2024
Agenda Post Date/Time: Sep 24, 2024, 5:00P.M.
CCD:610-70\h:\common\agenda\2024\09-24-24.docx