Meeting

City Council
REGULAR MEETING
Tuesday, December 03, 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.gov. 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 cityclerk@toaks.gov 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 interfere 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 cityclerk@toaks.gov. 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 cityclerk@toaks.gov. 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:

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)

4.	CLOSED SESSION REPORT:

5.	PLEDGE OF ALLEGIANCE:

6.	AB 2449 ANNOUNCEMENTS/REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:

SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:

A.	RECOGNITION OF 2024 T.O. CERT PROGRAM GRADUATES

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)

CONSENT CALENDAR:

A.	General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION: Ratify November 20, 2024, and November 27, 2024; approve December 4, 2024, subject to review and ratification LEVINE ACT ITEM: No

Minutes of City Council meeting of November 19, 2024

RECOMMENDATION:

Approve

LEVINE ACT ITEM: No

General Banking and Custody/Safekeeping Agreements

RECOMMENDATION:

1. Award professional services contract for general banking services to Wells Fargo Bank, National Association (Wells Fargo) of San Francisco, CA and authorize City Manager to execute agreement for a five-year period beginning January 1, 2025, with one five-year option to renew, in substantially the same form as the draft agreement.

2. Award professional services contract for custody and safekeeping services to Bank of New York Mellon Trust Company, National Association (BONY) and authorize City Manager to execute agreement for a five-year period beginning January 1, 2025, with one five-year option to renew, in substantially the same form as the draft agreement.

3. Authorize City Treasurer to sign all other documents necessary to maintain banking and custody services.

4. Authorize expenditure in the amount of $100,000 annually from various General Fund accounts for banking, custody, and safekeeping services.

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

LEVINE ACT ITEM: Yes

Hill Canyon Treatment Plant Stormwater Diversion Project (CI 5427)

RECOMMENDATION:

1. Authorize staff to advertise for construction bids for Hill Canyon Treatment Plant (HCTP) Stormwater Diversion Project (CI 5427).

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

LEVINE ACT ITEM: No

Polybutylene Service Replacement (CI 5646) and Valve Replacement (CI 5648) Projects

RECOMMENDATION:

1. Approve Change Order No. 2 to Contract No. 13483-2023 with J. Vega Engineering, Inc. (Camarillo, CA), for the Polybutylene Service and Valve Replacements Projects (CI 5646 and CI 5648) in the amount of $269,246.91, for a revised contract amount of $1,908,173.53.

2. Authorize expense in the amount of $203,200 from A/C #613-8030-682-8300 (CI 5648, Valve Replacement) for construction Change Order No. 2 to J. Vega Engineering, Inc. for the Valve Replacements.

3. Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15302.

LEVINE ACT ITEM: Yes

Hill Canyon Treatment Plant Electrical Classification and Compliance Upgrades (CI 5622)

RECOMMENDATION:

1. Approve Second Amendment to Professional Services Agreement No. 13406-2023 with P2S, Inc. (Long Beach, CA) for preparation of construction-ready plans and specifications for the Hill Canyon Treatment Plant (HCTP) Electrical Classification and Compliance Upgrades Project (CI 5622), in the amount of $135,000, for a revised amount not to exceed $209,081, plus $13,500 for extra services, and extend the term of the agreement to December 31, 2025.

2. Authorize expense in the amount of $148,500 ($135,000 for the Second Amendment, plus extra services of $13,500) from A/C #624-8250-682-8300 (Wastewater Fund – Capital Improvements, CI 5622).

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

LEVINE ACT ITEM: Yes

Energy Information System Agreement Amendment

RECOMMENDATION:

1. Approve Fourth Amendment to Professional Services Agreement No. 12649-2021 with SitelogIQ, Inc. for integrating Building Automation System (BAS), electricity, gas, and solar photovoltaic (PV) data from Los Robles Golf Course (LRGC) into the Energy Information System (EIS), extending the term of the Agreement to January 25, 2026, and increasing the amount of the Agreement by $32,022.08 for a revised not-to-exceed amount of $144,059.80.

2. Authorize expenditure in FY 2024-25 in the amount of $32,022.08 as follows: $10,700 from A/C #001-5060-612-5699 (General Fund, Contracted Services) and $21,322.08 from A/C #001-5060-612-4300 (General Fund, Software Maintenance).

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

LEVINE ACT ITEM: Yes

ORDINANCE FOR SECOND READING:

ORDINANCE AMENDING TITLE 9, CHAPTER 4, ARTICLE 2, SECTION 9-4.202 DEFINITIONS, ARTICLE 21, SECTIONS 9-4.2104 PERMITTED USE MATRIX - RESIDENTIAL ZONES, 9-4.2104.5 PERMITTED USE MATRIX - MIXED-USE ZONES AND MIXED-USE OVERLAY ZONES, AND 9-4.2105 PERMITTED USE MATRIX-NON-RESIDENTIAL ZONES, AND ARTICLE 25, SECTIONS 9-4.2525 EMERGENCY SHELTERS, AND 9-4.2527 TRANSITIONAL AND SUPPORTIVE HOUSING, AND TITLE 9, CHAPTER 10, ARTICLE 5, DENSITY BONUS PROGRAM; OF THE THOUSAND OAKS MUNICIPAL CODE TO IMPLEMENT THE 2021-2029 HOUSING ELEMENT PROGRAM 8 FOR ZONING CODE AMENDMENTS ADDRESSING STATE HOUSING AND LAND USE MANDATES RELATED TO MANUFACTURED HOMES, DENSITY BONUS, EMERGENCY SHELTERS, RESIDENTIAL CARE FACILITIES, AND TRANSITIONAL, SUPPORTIVE, FARMWORKER AND EMPLOYEE HOUSING (MCA 2024-70003) (Introduced 11/19/2024; 5-0)
ORD. NO. 1733-NS

RECOMMENDATION:

Adopt

LEVINE ACT ITEM: No

10.

PUBLIC HEARINGS:

Housing Element Program Implementation Programs 4 and 6 – Municipal Code Amendment (MCA 2024-70004)

ORDINANCE AMENDING TITLE 9, CHAPTER 3, ARTICLE 12, TO ADD SECTION 9-3.1218 VOLUNTARY LOT MERGERS; AMENDING TITLE 9, CHAPTER 4, ARTICLE 28, SECTION 9-4.2816 EXEMPT HOUSING PROJECTS TO ADD 9-4.2816 (b) AND RENUMBERING (b) TO (c); AMENDING TITLE 9, CHAPTER 10, TO ADD ARTICLE 8 INCENTIVES FOR AFFORDABLE HOUSING WITH LOT CONSOLIDATION, SECTIONS 9-10.801 THROUGH 9-10.804 TO THE THOUSAND OAKS MUNICIPAL CODE TO ESTABLISH A MINISTERIAL PROCESS FOR VOLUNTARY LOT MERGERS, INCENTIVES FOR QUALIFYING AFFORDABLE HOUSING PROJECTS, AND MINISTERIAL APPROVAL FOR SENATE BILL 35 PROJECTS AS REQUIRED BY THE 2021-2029 HOUSING ELEMENT (MCA-2024-70004)

1ST READING

RECOMMENDATION:

1. Find that the proposed action requires no further environmental document pursuant to Sections 15183 and 15168(c)(2)(5) of the California Environmental Quality Act (CEQA) because the proposed actions are consistent with the City’s goals, policies and programs contained in the adopted General Plan and Housing Element under a certified Program Environmental Impact Report (EIR).

2. Read in title only, further reading be waived, and if no objection, introduce ordinance approving MCA 2024-70004 amending Title 9, Chapter 3, Article 12 to add Section 9-3.1218 Voluntary Lot Mergers; amending Title 9, Chapter 4, Article 28, Section 9-4.2816 Exempt Housing Projects to add 9-4.2816 (b) and renumbering (b) to (c); and amending Title 9, Chapter 10, to add Article 8 Incentives for Affordable Housing with Lot Consolidation, Sections 9-10.801 through 9-10.804 to the Thousand Oaks Municipal Code.

LEVINE ACT ITEM: No

11.	STUDY SESSIONS: None

12.

DEPARTMENT REPORTS:

East County Family Justice Center

RECOMMENDATION:

1. Receive report and provide direction related to City Council’s interest in locating the County’s East County Family Justice Center in the City of Thousand Oaks.

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

LEVINE ACT ITEM: No

Thousand Oaks Boulevard Landscape Improvements Phase 2 (CI 5653)

RECOMMENDATION:

1. Authorize staff to advertise the Thousand Oaks Boulevard Landscape Improvements Project Phase 2 (CI 5653) for construction bids.

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

LEVINE ACT ITEM: No

Project Design Services for Downtown Thousand Oaks Project (CI 5540)

RECOMMENDATION:

1. Approve Professional Services Agreement with RRM Design Group, Inc. of San Luis Obispo, CA, for architectural/engineering design and entitlement services for the Downtown Thousand Oaks Project (CI 5540) in the amount of $4,105,727, plus additional services of $525,172, for a total not-to-exceed amount of $4,630,899 for a term ending December 31, 2029.

2. Approve Professional Services Agreement with HR&A Advisors, Inc. of Los Angeles, CA, for financial and public-private partnership advisory services for the Downtown Thousand Oaks Project (CI 5540) in the amount of $794,034 and additional services during project implementation of $205,966, for a total not-to-exceed amount of $1,000,000 for a term ending December 31, 2029, with two one-year options for extension.

3. Authorize legal fees in the Legal Consultation Agreement (Contract No. 13571-2024) with Best, Best & Krieger of Los Angeles, CA, for the Downtown Thousand Oaks Project (CI 5540) in the additional amount of $300,000 for a total agreement not-to-exceed amount of $350,000.

4. Authorize expenditure in the amount of $5,930,899 from A/C #001-3570-612-8300 (CI 5540, Improvements Other than Buildings).

5. Approve budget appropriation and expenditure in an amount not to exceed $5,430,899 from A/C #001-0000-311-1000 (General Fund – Fund Balance) to A/C #001-3570-612-8300 (CI 5540, General Fund – Improvements Other than Buildings).

6. Authorize City Manager and City Attorney to make minor clarifying and conforming changes to the two Professional Services Agreements, if needed, before the execution of the agreements.

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

LEVINE ACT ITEM: Yes

13.

COMMITTEE/COMMISSION/BOARD REPORTS:

City Investment Review Committee Annual Report

RECOMMENDATION:

1. Receive and file report.

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

LEVINE ACT ITEM: No

Fiscal Year 2024-25 Community Sports Grants Recommendations

RECOMMENDATION:

1. Approve the award of Community Sports Grants totaling $74,394.25.

2. Authorize the City Manager or designee to execute Community Sports Grants agreements with grantees.

3. Authorize expenditure in the amount of $74,394.25 from A/C #001-1120-611-5920 (SF2025 - General Fund, Grants and Donations) for Community Sports Grants.

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

LEVINE ACT ITEM: Yes

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

15.

COUNCIL ISSUES/RECOMMENDATIONS:

2024 National League of Cities City Summit Conference

RECOMMENDATION:

1. Receive report.

2. Find that this action 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 City Council Reorganization Meeting December 10, 2024

Agenda Post Date/Time: Dec 3, 2024, 5:00P.M.
CCD:610-70\h:\common\agenda\2024\12-03-24.docx

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