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Safety Provisions. Service Provider shall conform to the rules and regulations pertaining to safety established by Occupational Safety & Health Administration (OSHA) and the California Division of Industrial Safety.
Preservation of City Property. Service Provider shall provide and install suitable safeguards, approved by City, to protect City property from injury or damage. If City property is injured or damaged as a result of Service Provider's operations, it shall be replaced or restored within a reasonable time at Service Provider's expense. The facilities shall be replaced or restored to a condition as good as when Service Provider began work.
Subcontractors. Service Provider shall be solely responsible for ensuring that any subcontractors used in completing tasks under the Agreement comply with all pertinent laws and regulations as well as the relevant terms of this Agreement. City shall have no obligation to monitor or oversee subcontractors.
Immigration Act of 1986. Service Provider warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.
Service Provider Non-Discrimination. In the performance of this work, Service Provider agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons.
Work Delays. Should Service Provider be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at City's sole option, be extended for such periods as may be agreed upon by City and Service Provider.
Inspection. Service Provider shall furnish City with every reasonable opportunity for City to ascertain that the services of Service Provider are being performed in accordance with the requirements and intentions of this Agreement. All work done and all materials furnished, if any, shall be subject to City's inspection and approval. The inspection of such work shall not relieve Service Provider of any of its obligations to fulfill its contract requirements.
Audit. Service Provider shall maintain, in accordance with generally accepted accounting principles, complete and accurate records of all activities and operations relating to this Agreement. Records, including but not limited to, timecards, employment records, work progress reports, reimbursements, invoices, project records, proprietary data and information, as well as licensed software and any electronic records shall be kept for a period of four years beyond the termination or expiration of this Agreement. Service Item No.7E
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Provider agrees that City, or its authorized representative, shall have the right to examine, audit, excerpt, copy or transcribe any of the records pertaining to this Agreement at any time during normal business hours. Service Provider shall reimburse City for all reasonable costs of the audit, including travel time and auditor costs, should such audit reveal an overcharge of five (5) percent or more. Any overcharge will be considered a breach of this Agreement and could be cause for termination. The obligations of this section shall be explicitly included in any subcontracts or other agreements entered into by Service Provider with respect to this Agreement, if allowed by this Agreement.
6. TERM, PROGRESS AND COMPLETION
The term of this Agreement shall begin on July 3, 2022, and expire on June 30, 2027, unless Service Provider's authorized work assigned before the expiration of the term is not completed by that date. If work has not been completed during the allotted Agreement period, the terms, and conditions of the Agreement, including all rights and obligations, shall remain in effect and bind the parties until the work is completed.
Service Provider shall not commence work on the services to be performed until (i) Service Provider furnishes proof of insurance as required by paragraph 9 below, and (ii) City gives written authorization to proceed with the work provided by City’s Project Manager.
7. NO ASSIGNMENT
This Agreement is not assignable by Service Provider without City's prior consent in writing.
8. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for Service Provider's Damages. Service Provider holds City, its elected officials, officers, agents, employees and volunteers, harmless from all of Service Provider's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Service Provider, to Service Provider's employees, to Service Provider’s contractors or subcontractors, or to the owners of Service Provider's firm, which damages, losses, injuries or liability occur during the work or services required under this Agreement, or performance of any activity or work required under this Agreement. (b) Defense and Indemnity of Third Party Claims/Liability. Service Provider shall indemnify, defend with legal counsel approved by City, and hold harmless City, its elected officials, officers, agents, employees and volunteers from and against all liability including, but not limited to, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Service Provider’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or Item No.7E
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damage which is caused by the sole or active negligence or willful misconduct of City.
Should conflict of interest principles preclude a single legal counsel from representing both City and Service Provider, or should City otherwise find Service Provider’s legal counsel unacceptable, then Service Provider shall reimburse City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. Service Provider shall promptly pay City any final judgment rendered against City (and its officers, officials, employees, and volunteers) with respect to claims determined by a trier of fact to have been the result of Service Provider’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination or expiration of this Agreement.
Service Provider’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Service Provider shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Service Provider will be for that entire portion or percentage of liability not attributable to the active negligence of City.
(c) Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Section 9.
9. MINIMUM SCOPE AND LIMIT OF INSURANCE
Without limiting Service Provider’s indemnification of City, and prior to commencement of Work, Service Provider shall obtain, provide, and maintain at its own expense during the term of this Agreement, and any extension thereof, policies of insurance of the type and amounts described below in a form that is satisfactory to City.
Coverage shall be at least as broad as:
(a).Commercial General Liability (CGL): Service Provider shall, at Service Provider’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry General Liability insurance coverage at least as broad as Insurance Services form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal and advertising injury and property damage, including with limitation, blanket contractual liability.
Item No.7E
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(b).Automobile Liability: Service Provider shall, at Service Provider’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry Automobile Liability insurance coverage at least as broad as Insurance Services form CA 00 01 or the exact equivalent covering bodily injury and property damage for all activities of Service Provider arising out of or in connection with the work to be performed under this Agreement, including coverage of any owned, hired, non-owned, or rented vehicles, in an amount not less $1,000,000 combined single limit for each accident. (c).Worker’s Compensation: Service Provider shall, at Service Provider’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry workers’ compensation statutory benefits as required by law with employer’s liability limits no less than$1,000,000 per accident for bodily injury or disease.
Service Provider shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers for all work performed by Service Provider, its employees, agents and subcontractors.
If Service Provider maintains higher limits than the minimum shown above, City requires and shall be entitled to coverage for the higher limits maintained by Service Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
City, its elected officials, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Service Provider including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Service Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 10 01 and CG 20 37 10 01 if a later edition is used). The provision shall also apply to any excess liability policies. In addition, Service Provider shall ensure that the automobile liability policy contains a provision covering City as an additional insured, and shall obtain an endorsement to that effect if it does not.
Excess Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Umbrella or excess policies shall provide coverage at least as broad as specified for underlying coverages and covering those insured in the underlying policies. Coverage shall be “pay on behalf” with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion of claims or Item No.7E
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suits by one insured against the other. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City as required in written contract or agreement before City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
City’s Rights of Enforcement
In the event any policy of insurance required under this Agreement does not comply with these specifications or is cancelled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Service Provider, or City will withhold amounts sufficient to pay premium from Service Provider’s payments. In the alternative, City may cancel this Agreement.
City’s Right to Revise Specifications
City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Service Provider ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Service Provider, City and Service Provider may renegotiate Service Provider's compensation.
Primary and Non-Contributory Coverage
For any claims related to this Agreement, Service Provider's insurance coverage shall be primary insurance as respects City, its elected officials, officers, agents, employees, and volunteers. Any insurance or self-insurance maintained by City, its elected officials, officers, agents, employees, or volunteers shall be excess of Service Provider's insurance and shall not contribute with it and be at least as broad as CG 20 01 04 13.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to City.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. City may require Service Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with a current A.M. Best’s rating of no less than A:VII, (unless otherwise acceptable to City).
Item No.7E
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Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected officials, officers, agents, employees, or volunteers or shall specifically allow Service Provider, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Service Provider hereby waives his own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to City prior to commencement of work.
Claims Made Policies
If any of the required policies provided coverage on a claims-made basis:
(a). The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of contract work.
(b). Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work required under this Agreement.
(c). If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the Agreement effective date, Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.
Verification of Coverage
Service Provider shall provide City with copies of certificates (on City certificate form or an Accord form as modified per City direction) for all policies, with the appropriate named additional insured coverage and an endorsement that they are not subject to cancellation without 30 days prior written notice to City. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Service Provider's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Service Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Service Provider shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Item No.7E
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10. RELATION OF THE PARTIES
(a) Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. (b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
11. TERMINATION BY CITY
City may terminate any portion, or all of the services agreed to be performed under this Agreement by notifying Service Provider in writing (10) ten calendar days prior to any termination. In the event of such termination, Service Provider shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by City to Service Provider within 30 days following submission of a final statement by Service Provider.
12. CORRECTIONS
Service Provider shall correct, at its expense, all errors in the work which may be disclosed during City's review of Service Provider's work. Should Service Provider fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be charged to Service Provider.
13. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by Service Provider of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Service Provider for anything done, furnished, or relating to Service Provider's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within five (5) calendar days of the receipt of that check, whichever occurs first. However, any approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and Item No.7E
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liability of Service Provider, its employees, subcontractors, agents and consultants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Service Provider, its employees, subcontractors, agents and consultants.
14. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period, other than any default or breach and/or period of time specified.
15. CONFLICT OF INTEREST
Service Provider is unaware of any City employee or official that has a financial interest in Service Provider's business. During the term of this Agreement and/or as a result of being awarded this Agreement, Service Provider shall not offer, encourage or accept any financial interest in Service Provider's business by any City employee or official. If a portion of Service Provider's services called for under this Agreement shall ultimately be paid for by reimbursement from and through an agreement with a developer of any land within City or with a City franchisee, Service Provider warrants that it has not performed any work for such developer/franchisee within the last 12 months, and shall not negotiate, offer or accept any contract or request to perform services for that identified developer/franchisee during the term of this Agreement.
16. NON-APPROPRIATION OF FUNDS
Payments due and payable to Service Provider for current services are within the current budget and within an available, unexhausted, and unencumbered appropriation of City funds. In the event City has not appropriated sufficient funds for payment of Service Provider’s services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year.
17. GOVERNING LAW; CAPTIONS; ENTIRE AGREEMENT BETWEEN PARTIES This Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California. The provisions of this Agreement shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. Wherever Item No.7E
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required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa. The captions or headings in this Agreement are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the Agreement.
This Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering or services and contains all of the covenants and agreements between the parties with respect to said services. Any modifications of this Agreement will be effective only if it is in writing and signed by the party to be charged.
18. MITIGATION OF DAMAGES
In all situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.
19. TAXPAYER IDENTIFICATION NUMBER
Service Provider shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as most recently issued by the Internal Revenue Service.
20. MODIFICATION/AMENDMENT OF AGREEMENT
Any amendment, modification, or variation of the terms or tasks of this Agreement shall be in writing and shall be effective only upon the mutual written approval of the City Manager, or his designee, and Service Provider.
21. AUTHORIZATION
Each party has expressly authorized the execution of this Agreement on its behalf and binds said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this Agreement.
22. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
23. FEDERAL REQUIREMENTS
Service Provider acknowledges that federal funds are being used for this Agreement and that Service Provider is required to comply with all material obligations required by federal or state law in reporting work completed with said funds, and certifies that Service Provider and its subcontractors are eligible to participate in this Federally Item No.7E
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funded contract, pursuant to the “System for Award Management (SAM)” as maintained by the General Services Administration and required by 2 CFR, part 180. Applicable Federal requirements are located in Exhibit “C” attached hereto and incorporated herein by reference.
Service Provider shall also comply with the federal Americans with Disability Act, Public Law 101-336, and observe the disability discrimination prohibitions of such laws in the performance of the work required under this Agreement.
24. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY: Mike Houser, Transit Program Manager
City of Thousand Oaks
Public Works Department
2100 E. Thousand Oaks Blvd.
Thousand Oaks, CA 91362
TO SERVICE PROVIDER: Shane Quartararo, CFO/Owner
Taurus Protection, Inc.
275 E. Hillcrest Dr, #160-225
Thousand Oaks, CA 91360
25. SIGNATURES
(a)Counterparts. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument.
(b)Scanned Signatures. In the event that any signature is delivered by facsimile transmission or submitted electronically as a scanned image (i.e. files with .pdf, .tiff or .jpeg extensions), such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or scanned signature page were an original thereof. (c)Digital/Electronic Signatures. This Agreement may be executed through the use of digital or electronic signatures provided they meet the requirements of the Electronic Signatures in Global and National Commerce (ESIGN) Act and the California Uniform Electronic Transactions Act (UETA) and are produced using a City-approved method. The presence of an electronic signature on this document shall be construed as the parties’ consent to do business electronically.
Item No.7E
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In concurrence and witness whereof, this Agreement has been executed by the parties effective on the date and year first written above.
TAURUS PROTECTION, INC.
Shane Quartararo, CFO/Owner
Tom Roberts, CEO/Owner
CITY OF THOUSAND OAKS
Bob Engler, Mayor
ATTEST:
Cynthia M. Rodriguez, City Clerk
APPROVED AS TO ADMINISTRATION:
Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD:
Clifford G. Finley, Public Works Director
APPROVED AS TO FORM:
Office of the City Attorney
Tracy Friedl, Assistant City Attorney
Item No.7E
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EXHIBIT A
Taurus Protection, Inc.
Security Guard Services at the Thousand Oaks Transportation Center
SCOPE OF WORK
Service Provider shall provide security services at the Thousand Oaks Transportation Center (TOTC) located at 265 S. Rancho Road, Thousand Oaks including the tasks listed below.
1. Provide one unarmed walking guard service per shift six (6) days a week, from 0600 to 1930 Monday through Friday and 0800 to 1800 on Saturday, except the following six days associated with major holidays: Memorial Day (Fourth Monday in May), Independence Day (July 4), Labor Day (First Monday in September), Thanksgiving (Third Thursday in November), Christmas Day (December 25), New Year’s Day (January 1). City may reduce the length or change the start/end times of the shift based on demand or time of year. City will provide written notice prior to any shift revisions. Service Provider is responsible for ensuring guards receive State or Federally required rest periods and meal breaks.
2. Guards shall be expected to perform the following tasks:
a. Upon arrival at TOTC , guard will check in with City’s contract transportation provider staff and then review the building and grounds for potential vandalism or property damage. Check the lock to the trash enclosure and rouse people sleeping in the trash enclosure or other areas of the grounds of TOTC. If there is damage or vandalism to the building, grounds, or vehicles, guard and their supervisor shall immediately report this to City’s contract transportation provider staff and the City project manager or their designee.
b. Throughout the day, the security guard shall patrol the building and grounds of TOTC and deescalate emergent situations with people inside the building and on the grounds. Guard and their supervisor shall notify City, City’s contract transportation provider staff, and, if the situation warrants, Ventura County Sheriff dispatch about threats, assaults, and vandalism. c. It is expected that guards shall attempt to deescalate and resolve conflicts and correct behavior to the best of their abilities prior to contacting public safety.
d. Ensure sleeping on public property does not occur between the hours of 0600 and 1930 and no camping occurs at any time.
Item No.7E
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e. Ensure all members of the public comply with COVID-19 safety protocols or other health safety requirements of the Federal, State, and local government. These requirements may include face masks, personal distancing, limiting of the number of persons allowed in a building, plus other requirements that may be implemented during the term of this contract. f. Ensure only legal parking in the parking lot is allowed with enforcement of fire zones and compliance with all posted parking restrictions including: no parking, no stopping, no oversized vehicles, no recreational vehicles (RV), no trailers, no commercial vehicles, no parking more than 96 hours. For identified violations, Service Provider shall contact City’s Project Manager or designee for direction.
g. Ensure all roadways within the parking area remain unobstructed at all times.
h. Ensure 25-foot no-smoking clearance from all transit facilities and all transit vehicles is enforced.
i. Ensure no parking of non-handicapped plated or placard vehicles in parking spots designated handicapped only.
j. Report unsafe or illegal activities to City’s contract transit provider staff and City Project Manager or their designees.
3. Guards shall be expected to provide daily reports and forward them to designated City staff with the following information:
a. An overview of the day’s guard services, including names of guards, and time in and time out of guards. Lunch break beginning and ending time. b. Damage to the property or Site, including graffiti or excessive litter. c. Unusual interactions with the users of TOTC that may or may not result in police intervention.
4. Service Provider may be asked to provide guards for overnight service or to work special events at the TOTC. Special events may include car shows or food truck events. City shall provide not less than 48 hours advanced notice to Service Provider for any special services.
Item No.7E
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5. Guards must be able to communicate in English with City staff and the public.
Wherever possible, guards with fluency in spoken Spanish are preferred.
6. Service Provider shall be responsible for all uniforms, tools, materials, and equipment necessary to comply with the Scope of Work and shall provide them at their own expense except for those items the City agrees in advance in writing to provide.
7. Uniform- Service Provider’s employees shall wear a company uniform while on duty unless otherwise specified.
8. Phone Number- City and transportation provider staff shall have a contact phone number for the guard, supervisor, or dispatch in case communication is required during a shift.
9. Neglect of duties-Neglect of duties includes sleeping on duty, unreasonable delays or failures to carry out assigned tasks, conducting personal affairs during duty hours, and refusing to render assistance or cooperate in upholding the integrity of the City’s security. Service Provider will be held responsible for damages and/or costs determined to be a result of neglect of duties, including invoice credits for If previously invoiced. City reserves the right to request replacement of any guard found in violation of this or any other contract requirement, and Service Provider shall provide a replacement guard within 48 hours.
Item No.7E
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EXHIBIT B
Taurus Protection, Inc.
Security Guard Services
Thousand Oaks Transportation Center
SCHEDULE OF COSTS
COSTS YEAR ONE OF AGREEMENT
Cost per Hour $ 27.00
Cost Per Day Monday through Friday (13.5 hours per day) $ 364.50 Cost Per Day Saturday (10 hours per day) $ 270.00 Year One Cost Service Monday through Saturday $108,810.00 Cost 800 Hour Special Service Bank* $ 21,600.00
Year One Annual Not to Exceed $130,410.00
*Service Bank is fixed at 800 hours for entire term of Agreement. Total shall be reduced as it is used and remaining balance shall carry over from year to year.
COSTS YEARS TWO THROUGH FIVE OF AGREEMENT
The total compensation payable to Service Provider by City for years two through five of the Agreement shall not exceed a sum equal to the hourly rates on June 30 of the prior year, plus the annual percentage change of the Consumer Price Index for All Urban Consumers Los Angeles Area All Items (CPI-U) CPI-U shall be calculated as the difference in the CPI between March to March of the current Agreement year and the previous Agreement year, not to exceed five percent. Agreement hourly rates shall not be adjusted if the CPI calculation results in a negative number.
Compensation includes a bank of special service hours which shall not exceed 800 hours for the term of the agreement. These hours shall be used for special services which include but are not limited to service on Sundays, holidays, disasters, and for special events such as car shows. Compensation for the bank of hours shall be annually adjusted by the CPI-U formula below.
The following methodology shall be used to calculate the annual percentage change in CPI:
City shall annually print a PDF copy of the March CPI-U Index on June 1 or the next business day if June 1 falls on Saturday, Sunday, or a holiday.
Annual Hourly Not-to-Exceed Rate Adjustment Formula
(Year 2 CPI-U Index less Year 1 CPI-U index) divided by Year 1 CPI-U Index multiplied by 100 equals percentage change.
CPI-U Adjustment Example
(235.776-231.303)/231.303 * 100=1.93%
In this example the hourly rate is adjusted by 1.93 percent.
Item No.7E
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EXHIBIT C
FEDERAL TRANSIT ADMINISTRATION (FTA) REQUIREMENTS
1.Incorporation of Federal Transit Administration (FTA) Terms The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions.
All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City requests which would cause City to be in violation of the FTA terms and conditions.
2.No Obligation by the Federal Government
a. City and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.
b. Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
3.Federal Changes
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between City and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract.
4.Civil Rights
The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332 and 49 CFR part 21, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.
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(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623, Federal transit law at 49 U.S.C. § 5332, the Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability, and that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
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5.Access to Records
Contractor agrees to the following access to records requirements:
a. To provide City, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.
b. To make available in the case of a contract for a capital project or improvement, as defined above and awarded by other than competitive bidding in accordance with 49 U.S.C. 5325(a), records related to the contract to City, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection.
c. To maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until City, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
d. To permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
6.Program Fraud and False or Fraudulent Statements or Related Acts a. Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
b. Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed Item No.7E
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in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.
c. Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.
7.Energy Conservation
Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
8.Disadvantaged Business Enterprise (DBE) Participation Goal a. General DBE Requirements: In accordance with Federal financial assistance agreements with the U.S. Department of Transportation (U.S.
DOT), City has adopted a Disadvantaged Business Enterprise (DBE) Policy and Program, in conformance with Title 49 CFR Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Programs” (the “Regulations”). This contract is subject to these stipulated regulations. In order to ensure that CITY achieves its overall DBE Program goals and objectives, CITY encourages the participation of DBEs as defined in 49 CFR 26 in the performance of contracts financed in whole or in part with U.S. DOT funds.
It is the policy of City to:
1. Ensure nondiscrimination in the award and administration of DOT- assisted contracts;
2. Create a level playing field on which DBE’s can compete fairly for DOT-assisted contracts;
3. Ensure that the DBE program is narrowly tailored in accordance with applicable law;
4. Ensure that only firms that fully meet 49 C.F.R. part 26 eligibility standards are permitted to participate as DBE’s;
5. Help remove barriers to the participation of DBEs in DOT assisted contracts;
6. To promote the use of DBEs in all types of federally assisted contracts and procurement activities; and
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7. Assist in the development of firms that can compete successfully in the marketplace outside the DBE program.
b. Discrimination: Contractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. Any terms used herein that is defined in 49 CFR Part 26, or elsewhere in the Regulations, shall have the meaning set forth in the Regulations. c. City’s Race-Neutral DBE Program: A race-neutral DBE Program is one that, while benefiting DBEs, is not solely focused on DBE firms. Therefore, under a race-neutral DBE Program, City does not establish numeric race- conscious DBE participation goals on its DOT-assisted contracts. There is no DBE goal on this Project.
d. Vendor’s Assurance Clause Regarding Non-Discrimination: In compliance with State and Federal anti-discrimination laws, Contractor affirms that it will not exclude or discriminate on the basis of race, color, national origin, or sex in consideration of contract award opportunities. Further, Contractor affirms that it will consider, and utilize sub Vendors and vendors, in a manner consistent with non-discrimination objectives.
e. Violations: Failure by Contractor to carry out these requirements shall be a material breach of the contract, which may result in the termination of the contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the Vendor from future bidding as non-responsible 49 C.F.R. § 26.13(b).
9.Federal, State and Local Laws
Contractor warrants that in the performance of this Agreement it shall comply with all applicable federal, state and local laws, statutes and ordinances and all lawful orders, rules and regulations promulgated there under. If this contract is funded with federal funds, the Contractor shall also comply with applicable Federal Transit Administration (FTA) directives. Since laws, regulations, directives, etc. may be modified from time-to- time, Contractor shall be responsible for compliance as modifications are implemented.
Contractor’s failure to comply shall constitute a material breach of this contract.
10.ADA Access Requirements
Contractor shall comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 USC Section 12101 et seq; Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC Section 794; 49 USC Section 5301(d).
Item No.7E
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11.Recycled Products
This provision applies to agreements in excess of over $10,000 per EPA designated items.
Recovered Materials - Contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.
12.Termination for Convenience
This provision applies to agreements in excess of $10,000.
The performance of work under this contract may be terminated by CITY in accordance with this clause in whole, or from time-to-time in part, whenever CITY shall determine that such termination is in its best interest. Any such termination shall be affected by delivery to the Contractor of a notice of termination specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective.
After receipt of a notice of termination, and except as otherwise directed by City, the Contractor shall:
a. Stop work under the contract on the date and to the extent specified in the notice of termination;
b. Place no further orders or subcontracts for materials, services or facilities, except as may be necessary for completion of such portion of the work under the contract as is not terminated;
c. Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the notice of termination; d. Assign to City in the manner, at the times, and to the extent directed by City, all of the right, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case City shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; e. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of City, to the extent it may require, which approval or ratification shall be final for all the purposes of this clause; f. Transfer title to City and deliver in the manner, at the times, and to the extent, if any, directed by City the fabricated or non-fabricated parts, work in process, completed work, supplies, and other material produced as a part of, or acquired in connection with the performance of, the work terminated, and the completed or partially completed plans, drawings, information and other property which, if the contract had been completed, would have been required to be furnished to City;
Item No.7E
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g. Use its best efforts to seek, in the manner at all times, to the extent, and at the price(s) directed or authorized by City, any property of the types referred to above, provided, however, that the Contractor shall not be required to extend credit to any purchaser, and may acquire any such property under the conditions prescribed by and at price(s) approved by City, and provided further, that the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by City to the Contractor under this contract shall otherwise be credited to the price or cost of the work covered by this contract or paid in such other manner as City may direct; h. Complete performance of such part of the work as shall not have been terminated by the notice of termination;
i. Take such action as may be necessary, or as City may direct, for the protection or preservation of the property related to this contract which is in the possession of the Contractor and in which City has or may acquire an interest. j. After termination, the Contractor shall submit a final termination settlement proposal to City as directed. If the Contractor fails to submit a proposal within the time allowed, City may determine, on the basis of information available, the amount, if any due the Contractor because of the termination and shall pay the amount determined. After the Contractor’s proposal is received, City and Contractor shall negotiate a fair and equitable settlement and the contract will be modified to reflect the negotiated agreement. If agreement cannot be reached, City may issue a final determination and pay the amount determined. If the Contractor does not agree with this final determination or the determination resulting from the lack of timely submission of a proposal, the Contractor may appeal under the Disputes clause.
13.Termination for Default
This provision applies to agreements in excess of $10,000. a. City may, by written notice of default to the Contractor, terminate the whole or any part of this contract if the Contractor fails to make delivery of the supplies or to perform the services within the time specified herein or any extension thereof; or if the Contractor fails to perform any of the other provisions of the contract, or so fails to make progress as to endanger performance of this contract in accordance with its terms, and in either of these two circumstances does not cause such failure to be corrected within a period of ten (10) days (or such longer period as City may authorize in writing) after receipt of notice from City specifying such failure.
b. If the contract is terminated in whole or in part for default, City may procure, upon such terms and in such manner as City may deem appropriate supplies or services similar to those so terminated. The Contractor shall be liable to City for any excess costs for such similar supplies or services and shall continue the performance of this contract to the extent not terminated under the provisions of this clause. c. Except with respect to defaults of Subcontractors, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises out of causes beyond the control and without the fault or negligence of the Contractor. If the failure to perform is Item No.7E
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caused by the default of a Subcontractor, and if such default arises out of causes beyond the control of both the Contractor and the Subcontractor, and without the fault or negligence of either of them, the Contractor shall not be liable for any excess costs for failure to perform, unless the supplies or services to be furnished by the Subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required project completion schedule.
Payment for completed supplies delivered to and accepted by City shall be at the contract price. City may withhold from amounts otherwise due the Contractor for such completed supplies such sum as City determines to be necessary to protect City against loss because of outstanding liens of claims of former lien holders. d. If, after notice of termination of this contract under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to termination for convenience of City. The rights and remedies of City provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.
14.Suspension and Debarment
This provision applies to agreements in excess of $25,000. a. The Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 C.F.R. part 180. The Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be:
(1) Debarred from participation in any federally assisted Award; (2) Suspended from participation in any federally assisted Award; (3) Proposed for debarment from participation in any federally assisted Award;
(4) Declared ineligible to participate in any federally assisted Award; (5) Voluntarily excluded from participation in any federally assisted Award; or
(6) Disqualified from participation in ay federally assisted Award. b. By signing and submitting its bid, or proposal or contract, the Bidder, or Proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by City. If it is later determined by City that the bidder, or Proposer knowingly rendered an erroneous certification, in addition to remedies available to City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
The bidder or Proposer agrees to comply with the requirements of 2 C.F.R. part 180, Item No.7E
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subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder, or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
c. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount.
15.Buy America
This provision applies to all agreements in excess of $150,000 and only when tangible property or construction will be acquired. Does not apply to leased vehicles.
The Contractor agrees to comply with 49 U.S.C. 5323(j) and 49 CFR Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7. Separate requirements for rolling stock are set out at 5323(j)(2)(C) and 49 CFR 661.11. Rolling stock not subject to a general waiver must be manufactured in the United States and have a 60 percent domestic content.
An offeror or offeror must submit to the FTA recipient the appropriate Buy America certification with all bids on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive.
16.Drug and Alcohol Testing
This provision applies to all agreements with safety-sensitive or security issues.
The Contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Part 655, produce any documentation necessary to establish its compliance with Part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of California or City, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Part 655 and review the testing process. The Contractor agrees further to certify annually its compliance with Part 655 before February 15th and to submit the Management Information System (MIS) reports before February 15th to Mike Houser, Senior Transit Analyst, 2100 E. Thousand Oaks Blvd., Thousand Oaks, CA, 91362. To certify compliance the Contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register.
17.Contract Work Hours & Safety Standards Act
This provision applies to all agreements in excess of $100,000 for construction, rolling stock, and operations
(a) Overtime Requirements: No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or Item No.7E
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mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(b) Violation; Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph (a) of this section the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a) of this section.
(c) Withholding for Unpaid Wages and Liquidated Damages: City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b) of this section. (d) The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (a) through (d) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a) through (d) of this section.
18.Disputes
This provision applies to all agreements in excess of $100,000. a. Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this Agreement which is not disposed of by supplemental agreement shall be decided by City’s Director of Finance, who shall reduce the decision to writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Director of Finance shall be final and conclusive unless, within thirty (30) days from the date of receipt of such copy, Contractor mails or otherwise furnishes to the Director of Finance a written appeal addressed to City's City Manager. The decision of City's City Manager or duly authorized representative for the determination of such appeals shall be final and conclusive.
Item No.7E
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b. The provisions of this Paragraph shall not be pleaded in any suit involving a question of fact arising under this Agreement as limiting judicial review of any such decision to cases where fraud by such official or his representative or board is alleged, provided, however, that any such decision shall be final and conclusive unless the same is fraudulent or capricious or arbitrary or so grossly erroneous as necessarily to imply bad faith or is not supported by substantial evidence. In connection with any appeal proceeding under this Paragraph, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal.
c. Pending final decision of a dispute hereunder, Contractor shall proceed diligently with the performance of this Agreement and in accordance with the decision of City's Director of Finance and Administration. This "Disputes" clause does not preclude consideration of questions of law in connection with decisions provided for above. Nothing in this Agreement, however, shall be construed as making final the decision of any City official or representative on a question of law, which questions shall be settled in accordance with the laws of the State of California.
19.Clean Water
This provision applies to all agreements in excess of $150,000. a. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to CITY and understands and agrees that City will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.
b. The Contractor further agrees that:
(1) It will not use any violating facilities;
(2) It will report the use of facilities placed on or likely to be placed on the U.S. EPA “List of Violating Facilities;”
(3) It will report violations of use of prohibited facilities to FTA; and (4) It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401 – 7671q); and the Federal Water Pollution Control Act as amended, (33 U.S.C. §§ 1251-1387).
The Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.
20.Clean Air
This provision applies to all agreements in excess of $150,000. a. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to City and Item No.7E
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understands and agrees that CITY will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.
b. The Contractor further agrees that:
(1) It will not use any violating facilities;
(2) It will report the use of facilities placed on or likely to be placed on the U.S. EPA “List of Violating Facilities;”
(3) It will report violations of use of prohibited facilities to FTA; and (4) It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401 – 7671q); and the Federal Water Pollution Control Act as amended, (33 U.S.C. §§ 1251-1387).
c. The Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.
21.Lobbying
This provision applies to all agreements in excess of $100,000.
See the Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying.” Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. The Offeror shall complete and submit with its bid/proposal the attached Certification Regarding Lobbying, and if applicable, the Standard Form-LLL, “Disclosure Form to Report Lobbying”.
22.Safe Operation of Motor Vehicles
Applies to all federally funded third party contracts.
Pursuant to Federal Executive Order No. 13043, “Increasing Seat Belt Use in the United States,” April 16, 1997, 23 U.S.C. Section 402 note, FTA encourages each third party contractor to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company owned, rented, or personally operated vehicles, and to include this provision in each third party subcontract involving the project.
a. Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate Item No.7E
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company-owned vehicles, company-rented vehicles, or personally operated vehicles. The terms “company-owned” and “company-leased” refer to vehicles owned or leased either by the Contractor or City. b. Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this contract.
Item No.7E
TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:May 24, 2022
SUBJECT: Unit W - Wastewater Pipe and Maintenance Hole Lining (CI 5530) RECOMMENDATION:
1. Approve the project design, specifications, and Addendum No. 1 for construction of the Unit W – Wastewater Pipe and Maintenance Hole Lining Project (CI 5530).
2. Award construction contract for Unit W – Wastewater Pipe and Maintenance Hole Lining Project (CI 5530) to Southwest Pipeline and Trenchless Corp. (Torrance, CA), in the amount of $2,107,925, plus a contingency of $210,792.
3. Approve budget appropriation in the amount of $408,547 from A/C #624-0000- 341-9900 (Wastewater- Net Position) to A/C #624-8220-682-8300 (CI 5530).
4. Authorize expenditure in the amount of $2,323,717 ($2,107,925 Construction Contract, $210,792 Construction Contract Contingency, and $5,000 City Furnished) from A/C #624-8220-682-8300 (CI 5530).
5. Delegate authority to the City Engineer to approve changes in the design, plans, specifications, and working details of the project on work directives and change orders up to the project approved contingency amount.
FINANCIAL IMPACT:
$408,547 Increase to FY 2021-22 Wastewater Capital Fund Budget. $408,547 increase is requested for the Unit W Wastewater Pipe and Maintenance Hole Lining Project from the Adopted FY 2021-22 Wastewater Capital Fund Budget.
The total estimated project cost is $2.4 million.
BACKGROUND:
The City provides wastewater service to nearly 38,000 customers, representing more than 100,000 residents. The Public Works Department maintains 415 miles of wastewater pipelines and 8,300 maintenance holes in the City's wastewater system. Wastewater pipelines and maintenance holes are video inspected annually to identify deteriorated conditions needing refurbishment. Since Item No.7F
Unit W - Wastewater Pipe and Maintenance Hole Lining (CI 5530) May 24, 2022
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4 2002, more than 24.8 miles of pipeline and 665 maintenance holes have been rehabilitated. This year’s Unit W - Wastewater Pipe and Maintenance Hole Lining (CI 5530) project will rehabilitate approximately 8,200 linear feet of wastewater pipelines and 39 maintenance holes located within private property easements and on City streets as shown in Attachment #1.
Staff completed the project plans and specifications with in-house resources and a Task Order was issued to Water System Consulting, Inc. (WSC) to provide a third-party technical review of the contract documents, construction engineering support, and testing services.
City Council authorized bidding of the project on November 16, 2021, and three bids were received and publicly opened on February 23, 2022, as follows:
Bidder Bid
1. Insituform Technologies, LLC (Santa Fe Spring, CA) $1,875,162.02
2. Southwest Pipeline & Trenchless Corp. (Torrance, CA) $2,268,029.00
3. Sancon Engineering, Inc. (Huntington Beach, CA) $3,057,290.00 Detailed review of the bid packages revealed that the two lowest bidders, Insituform Technologies and Southwest Pipeline & Trenchless Corp. (Southwest), failed to list one of their subcontractors as required by Public Contract Code section 4104, and therefore were both found to be non-responsive. The third bid by Sancon Engineering, Inc., exceeded the engineer’s estimate and the available project budget by approximately 45 percent. City Council rejected all bids on March 29, 2022, and authorized re-advertising the project.
DISCUSSION/ANALYSIS:
Notice Inviting Bids was published in the Thousand Oaks Acorn on April 1, 2022, was sent to all vendors on the City’s Purchasing vendor list for this type of work, and to the construction trade journals. Construction bids were received and publicly opened on April 20, 2022. The bid results are as follows:
Bidder Bid
1. Southwest Pipeline & Trenchless Corp. (Torrance, CA) $2,107,925
2. Insituform Technologies, LLC (Santa Fe Spring, CA) $2,111,594
3. Nor-Call Pipeline Services (Roseville, CA) $2,128,121
4. Sancon Engineering, Inc. (Huntington Beach, CA) $2,175,254
5. Nu-Line Technologies, LLC (Encinitas, CA) $2,469,994 The lowest bid from Southwest in the amount of $2,064,693, included a clerical/mathematical error and has been corrected to a new total of $2,107,925.
The engineer’s estimate is $2,100,000. A bid protest was filed by Insituform Technologies, LLC during the bid protest period. After a detailed review of the filed protest, the Public Works Director, under the assigned role as City Manager Item No.7F
Unit W - Wastewater Pipe and Maintenance Hole Lining (CI 5530) May 24, 2022
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4 designee, concluded that the protest was invalid. Therefore, Southwest was determined to be the responsive low bidder. The bid package submitted by Southwest has been reviewed and found to be in order. Staff recommends award of the construction contract to Southwest Pipeline & Trenchless Corp.
The estimated project cost is as follows:
Design and Construction Support Services (Encumbered) $ 84,802 Construction Cost (This Action) $ 2,107,925
Construction Contingency (This Action) $ 210,792
City Furnished Material and Supplies (This Action) $ 5,000 Total Estimated Project Cost $ 2,408,519
The construction work is anticipated to start by July 2022 and be completed by Spring 2023. The project design, specifications, and Addendum No. 1 are available for review upon request to the Public Works Department by e-mail at [email protected] or by phone at (805) 449-2400.
The Unit W – Wastewater Pipe and Maintenance Hole Lining Project (CI 5530) is categorically exempt from CEQA per Section 15301 (repair/maintenance of existing facilities). A Notice of Exemption (NOE) was prepared, and the document recorded by the County of Ventura in August 2021.
This project meets City Council’s Top Ten Priorities #9 to, “Adopt and implement two-year Operating and Capital Improvement budgets that are aligned with best practices on fiscal sustainability and financial resiliency. Make strategic investments in existing critical public works infrastructure including pavement management, sidewalks, water resources, and streetscape.” Community Outreach: A public outreach plan has been established for the project, focusing on residents and businesses located adjacent to the project and the general public. Staff will meet with individual businesses (as needed) that may be impacted by the project. Additionally, before the construction starts, construction notices will be mailed to all property and business owners in the project area. Intermediate messages to individual properties anticipated to be impacted by specific issues will also be delivered. A dedicated project website has been created: www.toaks.org/UnitW, where updated project information will be provided throughout the construction phase.
CIP PROJECT PRIORITY (as outlined in FY 2021-22 and FY 2022-23 CIP Program Budget)
Priority Two – Necessary, but not essential, and there could be consequences if deferred.
COUNCIL GOAL COMPLIANCE:
Item No.7F
Unit W - Wastewater Pipe and Maintenance Hole Lining (CI 5530) May 24, 2022
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4 Meets the following City Council goals:
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
F. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.
PREPARED BY: Gareth Madrid, Engineering Assistant
Attachment:
Attachment #1 – Vicinity and Location Maps
Under Separate Cover:
Attachment #1 - Final Design, Plans and Specifications for Unit W – Wastewater Pipe and Maintenance Hole Lining Project (CI 5530) DPW: 850-20\Council\052422\CI 5530 Unit W - WW Pipe & Maint. Hole Lining staff report.docx Item No.7F
DPW: 850-20\Council\052422\CI 5530 Unit W - WW Pipe & Maint. Hole Lining Maps Item No.7F
DPW: 850-20\Council\052422\CI 5530 Unit W - WW Pipe & Maint. Hole Lining Maps Item No.7F
DPW: 850-20\Council\052422\CI 5530 Unit W - WW Pipe & Maint. Hole Lining Maps Item No.7F
DPW: 850-20\Council\052422\CI 5530 Unit W - WW Pipe & Maint. Hole Lining Maps Item No.7F
DPW: 850-20\Council\052422\CI 5530 Unit W - WW Pipe & Maint. Hole Lining Maps Item No.7F
DPW: 850-20\Council\052422\CI 5530 Unit W - WW Pipe & Maint. Hole Lining Maps Item No.7F
DPW: 850-20\Council\052422\CI 5530 Unit W - WW Pipe & Maint. Hole Lining Maps Item No.7F
DPW: 850-20\Council\052422\CI 5530 Unit W - WW Pipe & Maint. Hole Lining Maps Item No.7F
TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:May 24, 2022
SUBJECT: Environmental Impact Report Consultant Agreement RECOMMENDATION:
1. Approve first amendment to Contract No. 12843-2021 with Rincon Consultants, Inc., Los Angeles, CA, in the amount of $118,150 ($64,421 for additional scope and $53,729 for extra services) for a new total not-to-exceed amount of $300,000.
2. Approve additional budget appropriation and expenditure in the amount of $118,150 from A/C #001-4210-447-5000 (Charges for Services - Environmental Review) to A/C #001-4210-641-5947 (Contracted Services, Reimbursable).
FINANCIAL IMPACT:
$118,150 Increase to Adopted FY 2021-22 General Fund Budget, Fully Offset by Applicant Fee Revenue. $118,150 increase to Adopted FY 2021-22 General Fund Operating Budget for environmental planning services is fully offset by applicant fee revenue.
BACKGROUND:
On April 21, 2021, IMT Capital V Hampshire, LLC (Applicant) submitted Development Permit (DP) 2021-70214 for a proposed mixed-use and multi-family residential development. As part of the application, the Applicant is required to reimburse the City for the costs of conducting and preparing the Environmental Impact Report (EIR).
On July 6, 2021, City Council approved an agreement with Rincon Consultants, Inc., (Rincon) for the preparation of an EIR for the proposed mixed-use and development located at 325 and 391 Hampshire Road, pursuant to Thousand Oaks Municipal Code (TOMC) Section 3-10.501.
Item No.7G
Environmental Impact Report Consultant Agreement
May 24, 2022
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5 DISCUSSION/ANALYSIS:
On July 28, 2021, staff and consultant conducted the project EIR Kick-off meeting to identify project EIR schedule, data, and goals. Thereafter, Rincon conducted further review of the project and project EIR schedules and determined that additional staff and staff time is necessary to review and assess project documentation to prepare pertinent EIR documents. The additional review includes, but is not limited to administrative draft EIR preparation, response to comments, project management, and coordination beyond the scope of work identified in the previously executed contract (Attachment #1). Further, it is appropriate to include a contingency amount of $53,729 in this first amendment to the agreement to timely address any further issues and not unnecessarily delay the project’s consideration by the Planning Commission and City Council (Attachment #2).
The proposed project has made significant progress through the entitlement phase and the additional budget appropriation and expenditure totaling $118,150 is necessary to successfully complete the environmental phase of the project in a timely and efficient manner. The Notice of Preparation was posted December 22, 2021, and the Notice of Preparation review and comment period expired on January 31, 2022. The project Scoping Meeting was conducted on January 12, 2022, and the draft EIR was published for 45-day public review and comment period expiring on May 23, 2022. Based on the status of the project, the final tasks of the EIR process are anticipated for completion by the end of June 2022. The project will be submitted for consideration to the Planning Commission and City Council by June 2022.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
F. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.
J. Implement high quality revitalization projects within Thousand Oaks Boulevard and Newbury Road Areas; Develop a pedestrian-oriented, viable, and self- sustaining "Downtown;” and, continue to support production of long-term affordable housing.
Item No.7G
Environmental Impact Report Consultant Agreement
May 24, 2022
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5 PREPARED BY: Carlos Contreras, Sr. Planner
Attachments:
Attachment #1 – Contract No. 12843-2021 Rincon Consultants, Inc.
Attachment #2 – First Amendment to Agreement with Rincon Consultants, Inc.
cdd:410-40/Report to City Council/pz (FILE dp 21-70214) Item No.7G
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Project Name: Preparation of Environmental
Impact Report for a Proposed Mixed- Use Development
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
RINCON CONSULTANTS, INC.
THIS AGREEMENT is made and entered into this 6th day of July 2021, by and between CITY OF THOUSAND OAKS, a municipal corporation (" City"), and RINCON CONSULTANTS, INC. (" Consultant").
City and Consultant agree as follows:
1. RETENTION OF CONSULTANT
City hereby retains Consultant, and Consultant hereby accepts such engagement, to perform the services described in Section 2. Consultant warrants it has the qualifications, experience, and facilities to properly and timely perform said services.
2. DESCRIPTION OF SERVICES
The services expected to be performed by Consultant include:
For successful and timely preparation and completion of an Environmental Impact Report for a proposed mixed- use development located at 325 and 391 Hampshire Road, as set forth in detail in attached Scope of Work ( Exhibit “A”) which is incorporated herein by reference.
3. COMPENSATION AND PAYMENT
a) Maximum and Rate. The total compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum of $181,850 ( herein not to exceed amount"), and shall be earned as the work progresses on the following basis:
Hourly, at the hourly rates and with reimbursement to Consultant for those expenses set forth in Consultant' s Schedule of Fees, attached as Exhibit " B" and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon Consultant for the term of this Agreement until May 30, 2022, after which any change in the rates and expenses must be approved in writing by City' s Project Manager ( City is to be given 60 days’ notice of any rate increase request), provided the not to exceed amount is the total compensation due Consultant for all work described under this Agreement Contract No. 12843-2021
ATTACHMENT #1
Item No.7G
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b) Payment. Consultant shall provide City with written verification of the actual compensation earned, in a form satisfactory to City' s Project Manager. Invoices shall be made no more frequently than on a monthly basis, and describe the work performed including, if applicable, a list of hours worked by personnel classification). All payments shall be made within 30 days after City’s approval of the invoice. c) Extra Services. Additional work not reasonably encompassed by the Scope of Services described in Section 2 may be agreed upon only by execution of a written Amendment to this Agreement. No liability or right to compensation for extra services shall exist without such Amendment. Unless otherwise stated in the Amendment, applicable rates for extra services shall be at the rates set forth in Exhibit “B.”
4. CITY PROJECT MANAGER
The services to be performed by Consultant shall be accomplished under the general direction of, and coordinate with, City' s "Project Manager", as that staff person is designated by City from time to time, and who presently is Carlos Contreras.
5. TERM, PROGRESS AND COMPLETION
The term of this Agreement is from the date first written above to May 30, 2023, unless term of this Agreement is extended, or the Agreement is terminated as provided for herein.
City Manager or his or her designee shall have the authority to extend the term of this Agreement in writing no more than 2 separate times, for a period of 1 year each.
Extensions of time shall be memorialized by execution of a written amendment.
Consultant shall not commence work on the services to be performed under the Agreement until ( i) Consultant furnishes proof of insurance as required by paragraph 9 below, and ( ii) City’s Project Manager gives written authorization to proceed with the work.
All services shall be completed within the term of this Agreement.
6. OWNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation ( other than Consultant' s drafts, notes and internal memorandum), including duplication of same prepared by Consultant in the performance of these services, are the property of City.
City shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when requested by City. City agrees to hold Consultant harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans, specifications, graphics, brochures, reports, and other documentation for purposes other than those described in this Agreement, unless written authorization of Consultant is first obtained.
Contract No. 12843-2021
Item No.7G
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7. PERSONAL SERVICES/ NO ASSIGNMENT/ SUBCONTRACTS
Consultant is expected to periodically report to City’s project manager on the progress of the work.
This Agreement is not assignable by Consultant without City' s prior written consent.
8. HOLD HARMLESS AND INDEMNITY
a) Hold Harmless for Consultant' s Damages. Consultant holds City, its elected officials, officers, agents, employees and volunteers, harmless from all of Consultant' s claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Consultant, to Consultant' s employees, to Consultant’s contractors or subcontractors, or to the owners of Consultant' s firm, which damages, losses, injuries or liability occur during the work or services required under this Agreement, or performance of any activity or work required under this Agreement.
b) Defense and Indemnity of Third- Party Claims/ Liability. Consultant shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, agents, employees and volunteers from and against all liability including, but not limited to, loss, damage, expense, cost ( including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Consultant, or should City otherwise find Consultant’s legal counsel unacceptable, then Consultant shall reimburse City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay City any final judgment rendered against City ( and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of Consultant’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
Consultant’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.
However, without affecting the rights of City under any provision of this Agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where Contract No. 12843-2021
Item No.7G
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City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City.
c) Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Section 9.
9. MINIMUM SCOPE AND LIMIT OF INSURANCE
Without limiting Consultant' s indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, and any extension thereof, policies of insurance of the type and amounts described below and in a form that is satisfactory to City.
Coverage shall be at least as broad as:
a) Commercial General Liability ( CGL): Consultant shall, at Consultant' s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry General Liability insurance coverage at least as broad as Insurance Services form CG 00 01 in an amount not less than $ 2,000, 000 per occurrence, 4,000, 000 general aggregate for bodily injury, personal and advertising injury and property damage, including without limitation, blanket contractual liability. b) Automobile Liability: Consultant shall, at Consultant' s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry Automobile Liability insurance coverage at least as broad as Insurance Services form CA 00 01 or the exact equivalent covering bodily injury and property damage for all activities of Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage of any owned, hired, non- owned, or rented vehicles, in an amount not less than $ 1,000, 000 combined single limit for each accident. c) Worker’ s Compensation: Consultant shall, at Consultant' s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry workers’ compensation statutory benefits as required by law with employer’s liability limits no less than $ 1,000, 000 per accident for bodily injury or disease. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected officials, officers, agents, employees and volunteers for all work performed by Consultant, its employees, agents and subcontractors. d) Professional Errors and Omissions Insurance: Consultant shall, at Consultant’s sole cost and expense throughout the term of this Agreement, and any extensions thereof, carry professional errors and omissions coverage of no less than 1,000, 000 per occurrence or claim, $ 2,000, 000 aggregate, with tail coverage for an extended reporting period of three ( 3) years.
Contract No. 12843-2021
Item No.7G
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If Consultant maintains higher limits than the minimum shown above, City requires and shall be entitled to coverage for the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
City, its elected officials, officers, agents, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Consultant’s insurance ( at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 10 01 and CG 20 37 10 01 if a later edition is used). The provision shall also apply to any excess liability policies. In addition, Consultant shall ensure that the automobile liability policy contains a provision covering City as an additional insured, and shall obtain an endorsement to that effect if it does not.
Excess Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Umbrella or excess policies shall provide coverage at least as broad as specified for underlying coverages and covering those insured in the underlying policies. Coverage shall be “pay on behalf” with defense costs payable in addition to policy limits. There shall be no cross- liability exclusion of claims or suits by one insured against the other. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and no-contributory basis for the benefit of City as required in written contract or agreement before City’s own insurance or self- insurance shall be called upon to protect it as a named insured.
City’s Rights of Enforcement
In the event any policy of insurance required under this Agreement does not comply with these specifications or is cancelled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant’s payments. In the alternative, City may cancel this Agreement.
City’s Right to Revise Specifications
City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant ninety ( 90) days advance Contract No. 12843-2021
Item No.7G
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written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant' s compensation.
Primary and Non- Contributory Coverage
For any claims related to this Agreement, Consultant' s insurance coverage shall be primary insurance as respects City, its elected officials, officers, agents, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees or volunteers shall be excess of Consultant' s insurance and shall not contribute with it and shall be at least as broad as CG 20 01 04 13.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to City.
Deductibles and Self- Insured Retentions
Any deductibles or self- insured retentions must be declared to and approved by City. City may require Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with a current A.M. Best’s rating of no less than A:VII, ( unless otherwise acceptable to City).
Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected officials, officers, agents, employees or volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications - to waive their right of recovery prior to a loss. Consultant hereby waives his own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to City prior to commencement of work.
Claims Made Policies
If any of the required policies provided coverage on a claims- made basis:
a) The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of contract work.
Contract No. 12843-2021
Item No.7G
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b) Insurance must be maintained and evidence of insurance must be provided for at least five ( 5) years after completion of the work required under this Agreement. c) If coverage is canceled or non- renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the Agreement effective date, Consultant must purchase “ extended reporting” coverage for a minimum of five ( 5) years after completion of Agreement work.
Verification of Coverage
Consultant shall provide City with copies of certificates ( on City certificate form or an Accord form as modified per City direction) for all policies, with the appropriate named additional insured coverage and an endorsement that they are not subject to cancellation without 30 days prior written notice to City. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant' s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
10. RELATION OF THE PARTIES
a) Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Consultant' s exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant' s officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
Contract No. 12843-2021
Item No.7G
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11. CORRECTIONS
In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work that may be disclosed during City' s review of Consultant' s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be charged to Consultant or withheld from any funds due to Consultant hereunder.
12. TERMINATION BY CITY
City may terminate without cause any or all of the services agreed to be performed under this Agreement upon ten ( 10) calendar days’ written notice. If termination is for cause, no advance notice need be given. In the event of termination, Consultant shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by City to Consultant within 30 days following submission of a final statement by Consultant unless termination is for cause. In such event, Consultant shall be compensated only to the extent required by law.
13. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished, or relating to Consultant' s work or services.
Acceptance of payment shall be any negotiation of City' s check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of that check.
However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors, agents and consultants for the accuracy and competency of the information provided and/ or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors, agents and consultants.
14. AUDIT OF RECORDS
Consultant shall maintain, in accordance with generally accepted accounting principles, complete and accurate records of all activities and operations relating to this Agreement. Records, including but not limited to, timecards, employment records, work progress reports, reimbursements, invoices, project records, proprietary data and information, as well as licensed software and any electronic records shall be kept for a period of four years beyond the termination of this Agreement. Consultant agrees that City, or its authorized representative, shall have the right to examine, audit, excerpt, copy Contract No. 12843-2021
Item No.7G
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or transcribe any of the records pertaining to this Agreement at any time during normal business hours. Consultant shall reimburse City for all reasonable costs of the audit, including travel time and auditor costs, should such audit reveal an overcharge of five ( 5) percent or more. Any overcharge will be considered a breach of this Agreement and could be cause for termination. The obligations of this section shall be explicitly included in any subcontracts or other agreements entered into by Consultant with respect to this Agreement.
15. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party' s right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/ or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.
16. CONFLICT OF INTEREST
Consultant is unaware of any City employee or official that has a financial interest in Consultant' s business. During the term of this Agreement and/ or as a result of being awarded this Agreement, Consultant shall not offer, encourage or accept any financial interest in Consultant' s business by any City employee or official.
17. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this Agreement shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa.
18. MITIGATION OF DAMAGES
In all situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.
Contract No. 12843-2021
Item No.7G
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19. GOVERNING LAW
This Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California. Should litigation occur, venue shall be in Superior Court of Ventura County.
20. TAXPAYER IDENTIFICATION NUMBER
Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as most recently issued by the Internal Revenue Service.
21. NON- APPROPRIATION OF FUNDS
Payments due and payable to Consultant for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of City funds. In the event City has not appropriated sufficient funds for payment of Consultant’s services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year.
22. MODIFICATION/ AMENDMENT OF AGREEMENT
Any amendment, modification, or variation of the terms or tasks of this Agreement shall be in writing and shall be effective only upon the mutual written approval of the City and Consultant.
23. USE OF THE TERM “ CITY”
Reference to “City” in this Agreement includes the City Manager or any authorized representative acting on behalf of City.
24. PERMITS AND LICENSES
Consultant, at its sole expense, shall obtain and maintain during the term of this Agreement all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
25. CAPTIONS
The captions or headings in this Agreement are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the Agreement.
Contract No. 12843-2021
Item No.7G
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26. AUTHORIZATION
Each party has expressly authorized the execution of this Agreement on its behalf and binds said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this Agreement.
27. ENTIRE AGREEMENT BETWEEN PARTIES
Except for Consultant' s proposals and submitted representations for obtaining this Agreement, this Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services and contains all of the covenants and agreements between the parties with respect to said services.
28. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
29. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY: Attention: Carlos Contreras
Community Development Department
City of Thousand Oaks
2100 Thousand Oaks Boulevard
Thousand Oaks, CA 91362
TO CONSULTANT: Attention: Danielle Griffith
Rincon Consultants, Inc.
180 N. Ashwood Ave.
Ventura, CA 93003
30. SIGNATURES
a) Counterparts. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument.
b) Scanned Signatures. In the event that any signature is delivered by facsimile transmission or submitted electronically as a scanned image ( i.e. files with . pdf, tiff or .jpeg extensions), such signature shall create a valid and binding obligation of the party executing ( or on whose behalf such signature is executed) with the same force and effect as if such facsimile or scanned signature page were an original thereof.
Contract No. 12843-2021
Item No.7G
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c) Digital/ Electronic Signatures. This Agreement may be executed through the use of digital or electronic signatures provided they meet the requirements of the Electronic Signatures in Global and National Commerce ( ESIGN) Act and the California Uniform Electronic Transactions Act ( UETA) and are produced using a City- approved method. The presence of an electronic signature on this document shall be construed as the parties’ consent to do business electronically.
In concurrence and witness whereof, this Agreement has been executed by the parties effective on the date and year first above written.
CONSULTANT
By: Deanna Hansen
Title: Principal
By: Lacrissa Davis
Title: Chief Financial Officer
CITY OF THOUSAND OAKS
Andrew P. Powers, City Manager
ATTEST:
Cynthia M. Rodriguez, City Clerk
APPROVED BY DEPARTMENT HEAD:
Kelvin Parker
Community Development Director
Approved As To Form
Office of City Attorney
July 6, 2021
Contract No. 12843-2021
Item No.7G
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Exhibit “ A”
SCOPE OF WORK
Proposed Work Program
The work program for the EIR will entail the specific tasks described below :
Task 1: Kickoff Meeting
Task 2: EIR Scoping
Task 3: Administrative Draft Environmental Impact Report Preparation Task 4: Draft Environmental Impact Report
Task 5: Final Environmental Impact Report
Task 6: Public Hearings
Task 7: Findings and Statement of Overriding Considerations For the comprehensive and detailed scope of work, refer to the attached original proposal.
Contract No. 12843-2021
Item No.7G
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Exhibit “ B”
Schedule of Fees
Staff Hourly Rate
Principal II $ 230
Principal I $ 220
Supervisor I 201
Sr. Professional I $ 165
Professional IV $ 149
Professional III $ 134
Professional II $ 116
Professional I $ 105
GIS/ CAD Specialist $ 129
Production/ CI/clerical $ 91
For the comprehensive and detailed rates, refer to the attached original proposal.
Contract No. 12843-2021
Item No.7G
R incon Consultants, Inc.
250 East 1st Street, Suite 1400
Los Angeles, California 90012
213 788 4842 OFFICE AND FAX
[email protected]
www.rinconconsultants.com
Environmental Scientists Planners Engineers
March 25, 2022
Proposal No: 21-11125
C
arlos Contreras Senior Planner at City of Thousand Oaks 2100 Thousand Oaks Boulevard
Thousand Oaks, California 91362
Via email: [email protected]
Subject: Service Proposal – T.O. Ranch Mixed-Use and Multi-Family Residential Redevelopment Project at 325 and 391 Hampshire Road -Use Project CEQA Consultant, Modification to Scope and Fee (Amendment No. 1), City of Thousand Oaks, California Dear Mr. Contreras
Rincon Consultants, Inc. (Rincon) is submitting this cost modification to our scope of work for the proposed T.O. Ranch Mixed-Use and Multi-Family Residential Redevelopment Project (project). As we have discussed over the past several weeks, the City and the applicant is requesting Rincon to expedite the preparation of the Administrative Draft Environmental Impact Report (ADEIR) for the proposed project. Additionally, the cost amendment will supplement the budget from the original proposal and address the following tasks that are beyond our executed contract:
Additional project management and staff time to prepare an expedited ADEIR by the week of April 4, 2022
Additional staff time to prepare Response to Comments Additional City/Applicant meetings and coordination
Work Plan
The following work is in addition to that work projected in the fully executed Scope of Work (SOW) dated March 17, 2021. The following work plan is provided to cover the additional staff time required to achieve the requested expedited schedule that was not anticipated in the proposal.
Task 3 – Administrative Draft EIR Preparation
Subtask 3.1-3.6 –Expedited Preparation of the Administrative Draft EIR This task addresses expedited ADEIR preparation:
• Expediting the preparation of the EIR has resulted and will continue to result in continual discussion with City staff, applicant team, and subconsultants regarding schedule of technic al
r
eports and data to be provided to Rincon.
• Expediting the various environmental documentation during the EIR process will result in additional technical staff costs to peer review the various technical report drafts and correspondence regarding the quality of the reports.
ATTACHMENT #2
Item No.7G
City of Thousand Oaks
325 and 391 Hampshire Road T.O. Ranch Mixed-Use and Multi-Family Residential Redevelopment Project
The additional staff time, coordination, and rounds of review required for the preparation of the ADEIR and an extended project schedule and management duration effort for this task.
Task 5 –– Final Environmental Impact Report
Subtask 5.1 –Responses to Comments/Administrative Final EIR This task addresses the response to comments, public hearings, and final publication tasks. • Rincon will prepare an expedited response to comments based on comments posed during the scoping meeting and received throughout the comment period:
• Project management and coordination costs through the Planning Commission Hearing and City Council Hearings.
Additional Task - City/Applicant Meetings and Coordination This task addresses various meetings and project management beyond the SOW:
• Rincon cultural resources specialists will attend City and tribal consultation meetings as needed to address the cultural resources component of the CEQA analysis. • Rincon project manager, Senior Planner, and Principal will attend an in-person up to, two-day meeting with the City and Applicant team to review the Screencheck Draft Environmental Impact Report.
Total Cost
The additional tasks outlined herein will be completed for a maximum additional $64,421. A breakdown of cost by task is provided in Table 1 below.
In addition, we respectively request a contingency of $53,729. When added to the existing budget of $181,850, the total revised project budget with contingency will be $300,000. Costs have been allocated to tasks based upon Rincon’s proposed approach. Rincon may re-allocate costs among tasks and/or direct costs as circumstances warrant so long as the adjustments maintain the total price within its authorized amount.
Item No.7G
City of Thousand Oaks
325 and 391 Hampshire Road T.O. Ranch Mixed-Use and Multi-Family Residential Redevelopment Project
Table 1 Cost Amendment Estimates
If you have any questions about this amendment request, please do not hesitate to contact us.
Sincerely,
Rincon Consultants, Inc.
Danielle Griffith Deanna Hansen
Director Principal in Charge
21-11125 325 Hampshire Road Hours Labor Budget Direct Expenses Total Budget Task 3 Administrative Draft EIR CO#1
3.1 Executive Summary 7.00 1,012.00 0.00 1,012.00
3.2 Project Description 10.00 1,628.00 0.00 1,628.00
3.3 Introduction & Environmental Setting 8.00 1,356.00 0.00 1,356.00
3.4 Environmental Impact Analysis 202.00 34,824.00 0.00 34,824.00
3.5 Growth Inducing Impacts 8.00 1,300.00 0.00 1,300.00
3.6 Alternatives 18.00 3,416.00 0.00 3,416.00
5.1 Responses to Comments/Admin Final EIR 62.00 11,076.00 0.00 11,076.00 Project Management 52.00 9,359.00 450.00 9,809.00
Project Total 367.00 63,971.00 450.00 64,421.00
RINCON CONSULTANTS, INC.
21-11125 325 Hampshire Road
Cost Amendment
Item No.7G
TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:May 24, 2022
SUBJECT: Landscape and Lighting Assessment District No. 79-2 FY 2022- 23 Initiating Assessments
RECOMMENDATION:
1. Adopt resolutions to initiate assessment proceedings, approve Preliminary Engineer’s Report, and set public hearing date of June 14, 2022, for Landscape and Lighting Assessment District No. 79-2 FY 2022-23 Assessments.
2. Approve and Authorize the City Engineer to execute the agreement with Ventura County Auditor-Controller to place Landscape and Lighting Assessment District assessments on the Secured Tax Rolls and distribution of Collections to the City for $0.17 per assessment per parcel, plus administration and collection fees.
FINANCIAL IMPACT:
No Additional Funding Requested. The proposed Landscape and Lighting Assessment District maximum assessments for FY 2022-23 include a 7.51 percent consumer price index (CPI) inflationary adjustment as previously approved by property owners.
The proposed Landscape District assessments are less than the maximum allowed rates in some benefit zones. Assessments are proposed to be adjusted for the 39 landscaping zones (including four subzones) to restore positive fund balances and cover expenditures associated with new landscaping and increased utility costs. Proposed increases range from $3.52 per year per Equivalent Benefit Unit (EBU) to $44.52.
The proposed assessments for FY 2022-23 in the Lighting District have been adjusted by 7.51 percent, or $1.26 per year per EBU.
Annexations: No annexations are proposed for FY 2022-23.
Item No.7H
LLAD No. 79-2 FY 2022-23 Initiating Assessments
May 24, 2022
2 5
6 BACKGROUND:
The Landscape and Lighting Assessment District (LLAD) is a special assessment area within Thousand Oaks funding the maintenance of over 27,000 City street trees, 17.5 million square feet of landscaping, graffiti removal, weed abatement, nearly 8,000 streetlights, 135 traffic signals, and 25 lighted pedestrian crossings along public streets. Property owners within the LLAD are assessed as part of their annual property taxes collected by the County of Ventura Assessor’s Office.
Approximately 82 percent of all properties in Thousand Oaks are assessed for lighting, and 43 percent are assessed for landscaping (Attachment #1).
Assessments are based on a weighting factor using EBU to identify a parcel’s share of total assessments based on benefit received. A typical single-family residential property is assigned an EBU of 1.00 and all other property types are assigned EBUs proportionate to a single-family home. For example, a commercial property that contains three times the square footage and infrastructure as a typical residential home would be assigned an EBU of 3.00.
Public Works staff and the City’s assessment consultant performed the annual review of the budget and assessment structure for LLAD’s 39 landscape benefit zones (including four subzones) and six lighting zones. As part of the review, staff considered costs charged directly to the zones, including salaries, contracted services, water, electricity, and proposed capital projects. Distribution of other line- item costs was also evaluated, including consultant and County administrative fees, City overhead, and equipment rental. Finally, the amount of ad valorem revenues and fund balance contributions were also considered.
Assessments are levied annually in accordance with the Landscaping and Lighting Act of 1972, which requires an intent to levy the proposed assessments for the upcoming fiscal year, consideration of annexations into the LLAD, and setting of a Public Hearing date (June 14, 2022).
DISCUSSION/ANALYSIS:
The Preliminary Engineer’s Report (Attachment #2) reflects proposed landscape and lighting budgets. A maximum CPI assessment adjustment amount of 7.51 percent is recommended. Property owners approved annual CPI increases when the District was formed.
Non-Uniform Adjustments
Ad valorem revenues are part of the one percent property tax levied on Thousand Oaks properties by the County of Ventura. While assessments can only be used to cover expenditures in the zones where they are collected, ad valorem revenues Item No.7H
LLAD No. 79-2 FY 2022-23 Initiating Assessments
May 24, 2022
2 5
6 can be used throughout the LLAD and in General Fund areas. To fill budgetary gaps, some zones rely heavily on ad valorem revenues to lower assessment rates.
Ad valorem revenues are also distributed to zones that have landscaping that is a general benefit to the community as a whole and not just those living within the zone. The assessments pay for particular and distinct (special) benefits over and above the general benefits conferred on properties located within the district or to the public at large.
It is necessary to adjust landscape assessments in order to generate the required revenue for the special benefits received. The proposed annual landscape assessments for FY 2022-23 range from $50.58 per EBU (Zone 4), to a maximum annual assessment of $538.34 per EBU (multiple zones). Assessments for all 39 zones (and 4 subzones) are to be adjusted by varying amounts to cover increased costs, reduce reliance on ad valorem, and to develop reserves for future capital improvement projects.
All EBUs within the lighting zones pay a uniform rate. In FY 2022-23, the lighting assessment rates are proposed to be adjusted by the approved CPI adjustment of
7.51 percent, in the amount of $1.26, for a total rate of $18.04 per EBU per year.
This adjustment is necessary to cover increased maintenance costs and Southern California Edison electricity costs.
Average Assessments for LLAD 79-2
The attached Engineer’s Report contains a proposed actual assessment rate and maximum assessment rate for every zone. The actual assessment rate is the amount levied on each property within a zone and appears on the property tax bill.
The maximum assessment rate is the maximum rate a property can be assessed within that particular zone and includes a voter-approved three percent or CPI (whichever is greater) annual increase. Of the 39 landscaping zones, 25 are proposed to be assessed at the maximum rate. There are four zones (13, 20, 25B, and 34) whose assessments were below the maximum rate, creating the need for ongoing City General Fund subsidies. Those four zones are proposed to receive up to 10 percent increases in assessment rate to help reduce or eliminate the City subsidy. This results in an average District-wide Landscape increase of 7.66%. All properties within the Lighting District will be assessed at the maximum rate.
Average assessments per EBU for both lighting and landscaping are provided in the table below:
Average Applied Assessments for LLAD 79-2
Lighting Landscape
FY 2021-22 $16.78 $308.16
FY 2022-23 $ 18.04 $331.75
Change ($) $ 1.26 $ 23.59
Change (%) 7.51% 7.66%
Item No.7H
LLAD No. 79-2 FY 2022-23 Initiating Assessments
May 24, 2022
2 5
6 Resolutions to Initiate Proceedings
The Public Hearing is scheduled for June 14, 2022. At that time, the final Engineer’s Report and resolutions would be presented for consideration and adoption. If approved, they would set the assessments for FY 2022-23. The Resolutions (Attachments #3 through #5) are for initiating proceedings, declaring the intention to levy annual assessments, and confirming the Preliminary Engineer’s Report for FY 2022-23.
Agreement with Ventura County Auditor Controller for Billing of Direct Assessments
Beginning July 1, 2015, the Ventura County Auditor-Controller has required an annual agreement for the billing of direct assessments for non-County supervised Districts (Attachment #6). Staff recommends approving the agreement with the County of Ventura for the placement of the LLAD direct assessments on the Secured Tax Rolls and distribution of Collections to the City. The cost is $0.17 per assessment per parcel, $26.00 per correction or removal, and collection fees are not to exceed one-fourth of one percent of amounts collected by the County on behalf of the City.
The LLAD has for many years provided an integral part of the City’s ability to provide excellent infrastructure and maintenance service to our citizens.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goal(s):
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
F. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.
PREPARED BY: Jim Taylor, Sr. Civil Engineer
Attachments:
Attachment #1 – Overview of LLAD 79-2
Attachment #2 – Preliminary Engineer’s Report
Attachment #3 – Resolution Initiating Proceedings
Item No.7H
LLAD No. 79-2 FY 2022-23 Initiating Assessments
May 24, 2022
2 5
6 Attachment #4 – Resolution Declaring Intention to Levy Annual Assessment
Attachment #5 – Resolution Confirming Preliminary Engineer’s Report Attachment #6 – Agreement with Ventura County Auditor Controller DPW: 830-40\jt\etm\H:\Council\2022\052422\ LLAD 79-2 Initiate Proceedings staff report.docx Item No.7H
OVERVIEW OF
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 79-2
In 1979, LLAD 79-2 was formed by City Council pursuant to the State 1972 Landscape and Lighting Act. LLAD 79-2 consolidated several existing 1911 Act Maintenance Districts into one Assessment District.
Restructuring the district into 35 landscape benefit zones and six lighting benefit zones was accomplished in 1996 (four additional landscape benefit zones have been added since then). A property owner ballot proceeding was conducted in 1998 pursuant to Proposition 218, with about 65 percent, by assessment value, of ballots returned voting in favor of landscaping assessments, and approximately 80 percent voting in favor of street light assessments. A three percent or Consumer Price Index (CPI) per year assessment inflation factor (whichever is greater) was also approved. Of approximately 43,600 parcels within the City limits, about 19,000 (43 percent) are in the landscape district and about 36,000 (82 percent) are in the lighting district. The City maintains roughly 17.5 million square feet of landscaping throughout Thousand Oaks in highly visible public areas such as arterial street medians, slopes adjacent to streets, open spaces, and public buildings. The City also maintains over 27,000 street trees, nearly 8,000 street lights, 135 traffic signals, and 25 lighted pedestrian crossings along public streets. Funding for LLAD 79-2 is derived entirely from assessments and ad valorem tax revenue.
Assessments are based on a weighting factor (Equivalent Benefit Unit, or EBU) to identify the parcel’s proportionate special benefit. A typical single-family residential property is assigned an EBU of 1.00, and all other property types are assigned EBU’s proportionate to the special benefits they receive as compared to a single-family residential property.
The Proposed FY 2022-23 budget for landscape maintenance is about $9.3 million, with $5.3 million funded through LLAD 79-2 assessments, $844,000 from ad valorem revenues, and $4.1 million from the General Fund.
The Proposed FY 2022-23 budget for street lighting and traffic signal electrical, maintenance and capital costs is about $2.2 million, with $509,000, funded through LLAD 79-2 assessments, $5,000 from Developer Fees, $326 from interest income from the General Fund, and $1.52 million from ad valorem revenues. Proposed annual assessments for landscaping range from $50.58 to $538.34 per EBU. For FY 2022-23, the annual assessment for lighting was increased by 7.51 percent to $18.04 per EBU.
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ATTACHMENT #1
Item No.7H
Preliminary Engineer’s Report
Fiscal Year 2022-23
City of Thousand Oaks
Landscape and Lighting Assessment District No. 79-2
Prepared For
May 2022
ATTACHMENT #2
Item No.7H
Table of Contents
Sections
Section i. Engineer’s Statement ______________________________ __________________ i Section 1. Plans and Specifications______________________________________________ 1 Section 2. Method of Assessment Apportionment ________________ ________________ 16 Section 3. Cost Estimates ____________________________________________________ 24
Tables
Table 2-1. Landscaping Equivalent Benefit Unit Summary ___________________________ 22 Table 2-2. Lighting Equivalent Benefit Unit Summary ______________________________ 22 Table 3-1. Fiscal Year 2022-23 Landscape Zone Cost Estimates _______________________ 24 Table 3-2. Fiscal Year 2022-23 Landscape Zone Summary ___________________________ 35 Table 3-3. Fiscal Year 2022-23 Lighting Zone Cost Estimates _________________________ 36 Table 3-4. Fiscal Year 2022-23 Lighting Zone Summary _____________________________ 37
Appendices
Appendix A. Assessment Diagram ____________________ __________________________ A-1 Appendix B. Assessment Roll _______________________ ___________________________ B-1
Item No.7H
i. Engineer’s Statement
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 i
AGENCY: CITY OF THOUSAND OAKS
PROJECT: LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 79-2 TO: CITY COUNCIL
CITY OF THOUSAND OAKS
STATE OF CALIFORNIA
SECTION 1 PLANS AND SPECIFICATIONS of the improvements to be maintained and/or improve d for the Fiscal Year. The plans and specifications show and describe the existing improvements and are sufficient in showing and describing the general nature, location and extent of the improvements.
SECTION 2 The METHOD OF ASSESSMENT APPORTIONMENT calculates the receipt of special benefit and the general benefit derived from the installation and m aintenance and servicing of the respective improvements located throughout the District, and the methodology used to apportion the total assessment to the properties within the District.
SECTION 3 A COST ESTIMATE of the improvements to be maintained and/or improved for the mentioned Fiscal Year.
SECTION 4 An ASSESSMENT DIAGRAM of the District. Said Diagrams shall show the exte rior boundaries of the District and the boundaries of any zones within the District. Reference is made to the County Assessor's Maps for a detailed description of the lines and dimensions of any lots or parcels. The lines and dimensions of each lot shall conform to those shown on the County Assessor's Maps for the Fiscal Year to which the Report applies.
SECTION 5 An ASSESSMENT ROLL showing the proportionate amount of the assessment to be charged in proportion to the benefits to be received by each lot or parcel within the boundaries as shown on the below-referenced Diagram.
Item No.7H
i. Engineer’s Statement
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 ii
WHEREAS , on May 24, 2022, the City Council, under the Act, adopted its Resolution Initiating Proceedings for the Annual Levy of Assessments and Ordering the Preparation of an Engineer’s Report for LLAD No. 79-2;
WHEREAS , the Resolution of Initiation directed Webb Munici pal Finance, LLC, to prepare and file a report presenting plans and specifications describing the general nature, location, and extent of improvement s to be maintained; an estimate of the costs of the maintenance, operations, and servicing of the improvements for LLAD No. 79-2 for the referenced Fiscal Year; a diagram for LLAD No. 79-2 showing the area and properties t o be assessed; and an assessment of the estimated costs of the maintenance, operations, and servicing of th e improvements, assessing the net amount upon all ass essable lots and/or parcels within LLAD No. 79-2 in proportion to the special benefit received;
NOW THEREFORE , the assessments are made to cover the portion of the estimated costs of maintenance, operation and servicing of said improvements to be paid by the assessable real property within LLAD No. 79-2 in proportion to the special benefit received.
Item No.7H
i. Engineer’s Statement
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 iii
I, Matthew E. Webb, a Professional Civil Engineer ( employed at Albert A. Webb Associates and retained through an agreement between Webb Municipal Finance, LLC and my employer), acting on behalf of the City of Thousand Oaks, pursuant to the Act do hereby assess and appo rtion the total amount of the costs and expenses up on the parcels of land within Landscape and Lighting Assessment District No. 79-2 liable therefore and benefited thereby, in proportion to the estimated benefits that each p arcel receives, respectively, from said maintenance, works of improvement, and appurtenances.
Executed this day of 2022 .
Final approval, confirmation and levy of the annual assessment and all matters in the Engineer's Report were made on the day of 2022 , by adoption of Resolution No. By City Council.
CITY CLERK
CITY OF THOUSAND OAKS
STATE OF CALIFORNIA
A copy of the Assessment Roll and Engineer's Report were filed in the City Clerk’s Office on the day of , 2022 .
CITY CLERK
CITY OF THOUSAND OAKS
STATE OF CALIFORNIA
ALBERT A. WEBB ASSOCIATES
MATTHEW E. WEBB
PROFESSIONAL CIVIL ENGINEER NO.
37385
ENGINEER OF WORK
ON BEHALF OF THE CITY OF THOUSAND
OAKS
STATE OF CALIFORNIA
Item No.7H
1. Plans and Specifications
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 1
Introduction
The City of Thousand Oaks (“City”) annually levies and collects special assessments on parcels within the Landscape and Lighting Assessment District No. 79-2 (“District”) in order to continue the maintenance of landscape and lighting improvements within the Dist rict. The District was formed in 1979 and is levied annually, pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the “1972 Act”) and the provisio ns of the California Constitution Article XIII D, a dded by Proposition 218.
The Annual Engineer’s Report (“Report”) describes t he District, any changes to the District including any territories to be annexed, modifications to the improvements or zones, and the proposed assessments for Fiscal Year 2022-23. The maintenance, operation and servicing of the improvements associated within specific areas of the District that provide a speci al benefit to the properties in that area are ident ified as Zones. The costs of the improvements and services a re identified and budgeted separately for each Zone , and each parcel within a Zone is assessed proportio nately for only those improvements and services tha t are a special benefit to the properties within the Zone. The budgets and annual assessments are based on the City’s estimated cost to maintain the improveme nts that provide special benefits to properties wit hin the District and the specific Zones therein. For Fi scal Year 2022-23 the District consists of thirty-n ine (39) landscape benefit Zones (not including four Sub-Zones) and six (6) lighting benefit Zones (Zones A through F).
The word “parcel”, for the purposes of this Report, refers to an individual property assigned its own Assessment Parcel Number by the Ventura County Asse ssor’s Office. The Ventura County Auditor/Controller uses Assessment Parcel Numbers a nd specific Fund Numbers to identify properties assessed for special district benefit assessments on the tax roll.
At a noticed annual Public Hearing, the City Council will consider all public comments and written protests regarding the District’s proposed levy of assessmen ts for Fiscal Year 2022-23. The City Council will r eview the Report and may order amendments to the Report o r confirm the Report as submitted. Following final approval of the Report the Council will order the l evy and collection of assessments for the fiscal ye ar pursuant to the 1972 Act. In such case, the assessm ent information will be submitted to the County Auditor/Controller and included on the property tax roll for each parcel in Fiscal Year 2022-23.
Historical Background and Current Legislation
Pursuant to the 1972 Act, the City Council conducts a public hearing annually to accept public comments and testimony, to review the Report and approve the ass essments to be levied on the County tax roll for th at fiscal year. The assessments adopted by the City Co uncil are prepared in accordance with the 1972 Act and the provisions of the California Constitution.
In Fiscal Year 1998-99 the improvements provided by the District, the costs associated with those improvements and the benefiting properties were closely reviewed and evaluated. At that time, the District was reengineered to more accurately identify specif ic areas of special benefit within the District. Va rious tracts and developments were grouped into zones of benefit (hereafter referred to as “Zone” or “Zones” ) based on levels of service, similarity of improveme nt types, and proximity to the improvements. Subzon es (e.g., A and B) typically distinguish between prope rties that receive different levels of special bene fit within a Zone (e.g. properties on public versus private streets). In addition, the method of apportioning District costs (Equivalent Benefit Unit method of apportionment) w as reviewed and expanded to provide a more comprehensive method of calculating the weighted pr oportional benefit that various types of property receive from the improvements. This reengineering e stablished a more accurate reflection of the specia l benefits conveyed to each parcel within the District.
Item No.7H
1. Plans and Specifications
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 2
In compliance with the provisions of the California Constitution Article XIIID (Prop 218), the assessm ents established for each Zone and presented to property owners for approval for Fiscal Year 1998-99, inclu ded an assessment adjustment formula. This adjustment f ormula was established to account for ordinary and reasonable increases in annual costs due to inflati on thereby reducing the expense associated with re- approval (noticing, mailing, and balloting) for small and limited cost increases in the future. This assessment adjustment formula allows the City Council to annua lly increase the maximum assessment rates by the greater of inflation (based on the Consumer Price I ndex — CPI) or three percent (3%). A property owner protest ballot proceeding was conducted for the proposed assessments applicable to the thirty-five landscape benefit zones and six lighting benefit zones that existed within the District at that time. On June 9, 1998, the property owner protest ballots were tabulated, and the results of the ballot tabulation indicated prop erty owner approval of the proposed District assessments and assessment range formula.
Subsequently, in Fiscal Year 1999-00, additional te rritory was annexed to the District pursuant to pro perty owner protest ballot proceeding and two new Landscape Zones were established bringing the total number of Landscape Zones to thirty-seven.
In Fiscal Year 2000-01, a supplemental engineer's report for Landscape Zone 32 (Dos Vientos) was presented to the City Council that addressed an expansion of the landscape improvements within the Zone and a proposed increased assessment to cover the associat ed costs. Ballots for the assessment increase were presented to the property owners of record and at t he May 2, 2000 public hearing, the City Council determined that majority protest did not exist and approved the establishment of two Sub- Zones (A and B) within Landscape Zone 32 and the corresponding new maximum assessments for the Zone commencing with Fiscal Year 2000-01.
For Fiscal Year 2003-04, additional territory was a nnexed to the District. A supplemental engineer’s r eport was prepared in connection with this annexation and property owner protest ballot proceedings were conducted. The ballot tabulation indicated property owner approval of the proposed assessments and the assessment range formula presented. On February 4, 2003, the City Council approved the supplemental engineer’s report for the annexation of new territo ries including the establishment of a new landscape benefit zone designated as Landscape Zone 38.
For Fiscal Year 2004-05, the City initiated proceedings and conducted a property owner protest balloting for new assessments related to the annexation of additi onal territories to the District as well as the reorganization of the District’s existing Landscape Zone 37 (Split into Zone 37A and Zone 37B). A supplemental engineer’s report was prepared in connection with this proceeding. Upon the conclusion of the public hearing on January 13, 2004, the ballots returned were tabu lated and indicated property owner approval of the proposed assessments and assessment range formula p resented. The City Council approved the supplemental engineer’s report for the annexation o f new territories including the establishment of a new landscape benefit zone designated as Landscape Zone 39 and the reorganization of Landscape Zone 37.
For Fiscal Year 2005-06, the City annexed twelve (12) additional development projects to the District. Each of these developments and the properties therein were annexed into one of the existing lighting zones and five (5) of the developments were annexed into one of th e existing landscape zones that reflect the development’s special benefit from the improvements provided.
For Fiscal Year 2006-07, the City annexed twelve (1 2) additional development projects to the District and increased the Maximum Approved Assessment Rate for Zone 37B. These developments and the properties therein were annexed into one of the existing light ing zones and two (2) of the developments were also annexed into one of the existing landscape zones th at reflect the development’s special benefit from t he improvements provided.
Item No.7H
1. Plans and Specifications
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 3
For Fiscal Year 2007-08, the city annexed seven (7) additional development projects to the District. E ach of these developments and the properties therein were annexed into one of the existing lighting zones.
For Fiscal Year 2009-10, the City annexed four (4) additional development projects to the District. Two (2) of these developments and the properties therein were annexed into the existing Lighting Zone A, and two (2) of the developments and the properties therein were annexed into the existing landscape Zone 35.
For Fiscal Year 2010-11, the City proposed to annex one (1) additional development project to the Dist rict.
All twenty-two (22) parcels within the development were to be annexed into the existing Lighting Zone F.
Upon the conclusion of the public hearing on July 13, 2010, the ballots returned were tabulated and indicated a majority protest resulting in the development not being annexed into the District.
For Fiscal Year 2012-13, the City annexed a total of sixty-four (64) parcels into the District as follows; Lighting - nine (9) parcels to Zone A, six (6) parcels to Zone B, thirty-nine (39) parcels to Zone E and ten (10) parcels to Zone F. Landscape – five (5) parcels to Zone 13 and fifty-five parcels (55) to Zone 35.
For Fiscal Year 2013-14, the City annexed a total o f seventy-eight (78) parcels into the District as f ollows; Lighting – one (1) parcel to Zone E, and thirty-one (31) parcels to Zone F. Landscape – seventy- eight (78) parcels to Zone 35.
For Fiscal Year 2016-17, the City annexed a total o f three (3) parcels into the District as follows; L ighting – three (3) parcels to Zone E. Landscape – one (1) parcel to Zone 11.
For Fiscal Year 2020-21, the City annexed one (1) parcel into the District as follows; Lighting – one (1) parcel to Zone C. Landscape – one (1) parcel to Zone 28.
Improvements Authorized by the 1972 Act
As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
• The installation or planting of landscaping;
• The installation or construction of statuary, fountains, and other ornamental structures and facilities;
• The installation or construction of public lighting facilities; • The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; • The maintenance or servicing, or both, of any of the foregoing; • The acquisition of any existing improvement otherwise authorized pursuant to this section.
Incidental expenses associated with the improvements including, but not limited to:
• The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
• The costs of printing, advertising, and the publishing, posting and mailing of notices; • Compensation payable to the County for collection of assessments; • Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
• Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5; • Costs associated with any elections held for the approval of a new or increased assessment.
Item No.7H
1. Plans and Specifications
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 4
The 1972 Act defines "Maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
• Repair, removal, or replacement of all or any part of any improvement; • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; • The removal of trimmings, rubbish, debris, and other solid waste; • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
Description of Improvements and Services
The District provides and ensures the continued maintenance and operation of landscaping, street lighting, graffiti abatement and related services within the public right-of-way in various areas throughout the City.
Improvements within the District generally include:
• Landscape improvements within the medians, parkways, entryways and open space areas within various Landscape Zones including street trees, turf, ground cover, shrubs, irrigation and drainage systems, sound walls, fencing, and necessary appurtenances; • Electrical costs and maintenance for street lighting improvements within specific subdivisions and streets adjacent to various residential and commercial developments.
Maintenance and Services
Maintenance includes the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement including, but not limited to:
• Repair, removal, or replacement of all or any part of any improvements; • Grading, clearing, removal of debris, and the installation or construction of curbs, gutters, walls, sidewalks, paving, water, irrigation, drainage, or electrical facilities; • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; • The removal of trimmings, rubbish, debris, and other solid waste; • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti;
• Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements;
• Water for the irrigation of any landscaping, water features or the maintenance of any other related improvements.
The annual assessments levied for the District in whole or in part fund the services, maintenance, operations and administration associated with the District imp rovements. Parcels that receive special benefits fr om the improvements within each Zone, share in the cos t of the services and improvements associated with that Zone. The costs and assessments set forth in t his Report are based upon the City’s estimate of th e expenses related to the operation and maintenance o f the District improvements including labor, personnel, utilities, equipment, materials, administration and incidental expenses.
For Fiscal Year 2022-23, the District consists of t hirty-nine (39) Landscape Zones (not including four sub- Zones) and six (6) Lighting Zones. Each Landscape Z one includes parcels and subdivisions that are dire ctly associated with specific landscape improvements that were installed as part of developing those properties or provide special benefits to those properties based on proximity to the improvements. The total amount to be assessed within each Landscape Zone for the o peration and maintenance of the improvements is Item No.7H
1. Plans and Specifications
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 5
equitably spread among the benefiting parcels within that Zone only. Unlike the Landscape Zones (that are correlated to specific parcels, developments or sub divisions), the six Lighting Zones cover the entire City with each Zone representing a geographical region of the City. However, within these Lighting Zones, o nly properties that benefit from local street lighting improvements (in- tract street lighting and/or adja cent street lighting) are assessed. Although local stree t lighting improvements are usually associated with residential developments and subdivisions within each of the six Lighting Zones, there are some commercial and rural residential properties that are assessed based on their benefit from local lighting. Parcels that receive special benefits from local lighting improvements are assessed proportionately for a portion of the costs to provide the local street lighting. The bal ance of the local street lighting costs and lightin g improvements that are considered general benefit are funded through Ad Valorem revenues.
Landscape Improvements and Services
Landscape improvements and services within the Dist rict may include graffiti abatement throughout all benefit zones, center median landscaping, parkway a nd slope landscaping, open space areas or public easement, weed abatement, and tree maintenance associated with the subdivisions and properties within the District. Each Zone consists of only properties, subdivisions and developments that are associated with the improvements provided and maintained within the Zone. The parcels assessed for special benefits are part of a development or subdivision that originall y installed the improvements or are directly associ ated with the improvements through proximity. The specif ic improvements within each Zone vary, and may include, but are not limited to: The maintenance of ground cover, turf, shrubs, trees, fences, irrigat ion systems, drainage systems, lighting systems, hardsc apes, sidewalks, trails and associated appurtenance s within or adjacent to specific landscaped areas or improvements.
Landscape improvements within the District are maintained and serviced on a regular basis. The frequency and specific maintenance and operations required within the District and each Zone is determined weekly by City staff. Parcels identified as being within a Landscape Zone, share in both the cost and benefit of the improvements. The net costs associated with the imp rovements are equitably spread to parcels proportionately according to the special benefits received and only parcels that receive special benefits are assessed.
Landscape Zones
The District is divided into thirty-nine (39) Landscape Zones (not including four sub-Zones). The following is a list of the improvements funded through District assessments in each Zone:
Zone 01 (Borchard / Los Vientos / Cabrillo)
• Landscaped center median on Borchard Road from Los Vientos to Cabrillo; • Sidewalk, curb and gutter repair;
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
Zone 02 (Lynn Rd / Greendale / Fernhill / Reino)
• Landscaped center median on Lynn Road, east of Greendale to Fernhill and west of Greendale to Reino Road;
• Landscaped parkway and slopes on the north side of Lynn Road, east of Greendale to west of Fernhill and west of Greendale to Reino Road;
• Weed abatement of open space at Dale Court and Churchill; • Sidewalk, curb and gutter repair;
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
Item No.7H
1. Plans and Specifications
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 6
Zone 03 (Elkwood / Greendale / Ravenwood)
• Landscaped parkways on the south side of Elkwood from Greendale to Ravenwood; • Sidewalk, curb and gutter repair;
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
Zone 04 (Weed / Tree Maintenance / Open Space / Cayo Grande) • Weed abatement of open space areas around Cayo Grande; • Sidewalk, curb and gutter repair;
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
Zone 05 (Kimber / Reino / Wendy / Walter / Peppermint)
• Landscaped parkways and slopes including the south parkway on Kimber from Reino to 435 feet east of Reino; the west parkway on Daniel; the east parkway and slope on Reino from Kimber to 1,970 feet south of Kimber; Pebble slope up to Bearcreek; Walter slope from 332 feet north of Brisbaine to end; Chadwick slope to 163 feet west of Brisbaine; the w est parkway on Wendy from Peppermint to 590 feet south of Peppermint; the west parkway on Wendy from 535 feet north of Charlotte to Peppermint; and the east parkway on Wendy from 550 feet south of Peppermint to 780 feet north to Charlotte;
• Weed abatement of open space areas at Bearcreek are a; Brisbaine, Walter Highview, Daniel, Mooncrest and Charlotte, Peppermint, Firecrest, Cloudcrest, Eagle Ridge, Heatherfield, Pebble Kimber to Reino Road, east side of Wendy, Delacodo, Charlo tte, Silas, Avocado, Continental, Pacific, and the west side of Wendy;
• Sidewalk, curb and gutter repair;
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
Zone 06 (Reino / Paseo De Leon)
• Landscaped parkway on the east side of Reino Road from 80 feet south of, to 680 feet north of, Paseo De Leon;
• Weed Abatement of open space area at Paseo De Leon;
• Sidewalk, curb and gutter repair;
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District- maintained landscaped areas of the Zone.
Zone 07 (Lynn Rd / Wendy / Fowler / Erinlea / Deer Ridge) • Landscaped center medians on Lynn Road between Wend y and Fowler; and on Lynn Road east of Wendy to the end of the Zone Boundary;
• Landscaped parkways and slopes on the west and east sides of Wendy from 290 feet north of Holloway to Lynn; the north parkway on Lynn from Fowler to the end of tract number 4467; the east parkway on Fowler; the east side parkway on Wendy f rom Lynn to just south of Erinlea (southern boundary of the Zone); the south and east side parkways on Lynn from Wendy north and east to the end of the Deer Ridge subdivision (northeast boundary of the Zone); • Sidewalk, curb and gutter repair;
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
Item No.7H
1. Plans and Specifications
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 7
Zone 08 (Shirley / Alice / Freeway Buffer Zones)
• Landscaped Freeway Buffer Zone off Shirley Drive;
• Sidewalk, curb and gutter repair;
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
Zone 09 (Borchard / Michael / Redfield)
• Landscaped center median on Borchard from Michael to Redfield; • Landscaped parkways on the south side of Borchard a long the Zone Boundary from Redfield to 307 feet west of Redfield; and at Carob approximately 350 feet east and west of Carob; • Weed abatement of open space areas within the Zone;
• Sidewalk, curb and gutter repair;
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
Zone 10 (Lynn Rd / Maple Leaf)
• Landscaped center median on Lynn Rd from 580 feet east of Mapleleaf to 290 feet west of Mapleleaf; • Landscaped parkways on Lynn Road north and south si des, from 640 feet east of Mapleleaf to 105 feet west of Mapleleaf;
• Sidewalk, curb and gutter repair;
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
Zone 11 (Corporate Center Dr)
• Landscaped slopes and weed abatement at Corporate Center Drive, south side; • Sidewalk, curb and gutter repair;
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
Zone 12 (Rancho Conejo Blvd at Baxter)
• Landscaped slopes at Baxter, north side off Rancho Conejo Boulevard and Conejo Valley Unified School District slopes, and the end of Rancho Conejo Boulevard; • Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
Zone 13 (Hillcrest / Camino Dos Rios / Lynn / Ventu / Paseo Grande / Citation) • Landscaped center medians on Hillcrest from Ventu P ark to approximately 1,500 feet east of Paseo Grande (Zone boundary); and on Ventu Park (Camino Dos Rios) from Hillcrest to Lawrence; • Landscaped parkways and slopes on the north and south side of Hillcrest from Lynn to Paseo Grande; the north and east side of Camino Dos Rios from Hil lcrest to De Havilland; the north side of Hillcrest from 400 feet south of Camino Dos Rios to Camino Dos Rios; the north parkway on Hillcrest, east and west of Rolling Meadow, and the open space landscap ing behind the homes; the north parkway on Hillcrest and slopes, 170 feet west of Kalinda and 900 feet east of Kalinda; and the north parkway on Hillcrest east and west of San Carlos and open space landscaping behind the homes; • Weed abatement of open space within the Zone includ ing areas located at Paseo Grande; Citation Way; Amador; Hillcrest and Ventu; and the Indian Burial Grounds; • Sidewalk, curb and gutter repair;
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
Item No.7H
1. Plans and Specifications
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 8
Zone 14 (Olsen Rd / Starfire / Arboles / Wildwood / Big Sky) • Landscaped center medians on Olsen Road from 400 feet north of Starfire (End of Zone boundary) to Avenida De Los Arboles; on Avenida De Los Arboles from Canna to Lynn Road; • Landscaped parkways and slopes including the west parkway on Olsen Road 400 feet north of Starfire to 1,000 feet south of Wildwood; the north and sout h parkway on Wildwood from Olsen to Storm Cloud; the north and south parkways within the zone boundary on Wildwood between Big Sky and Camino De Celeste; west parkway on Lynn Road from 300 feet north of Avenida De Los Arboles to of Avenida De Los Arboles; the north side parkway of Avenida De Los Arboles from Lynn Road to Canna; east side parkway on Canna from Avenida De Los Arboles to 235 feet north of Timberwood; • Sidewalk, curb and gutter repair;
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
Zone 15A & 15B (Janss / Lynn / Hartwick / Lynnmere)
• Landscaped center median on Janss Road from Lynn Road to Hartwick; • Landscaped parkways, slopes and open space areas on the north side of Janss from Lynn Road to Lynnmere; the west parkway on Stonehill; the south side of Janss from Lynn Road to Lynnmere; the open space landscaping on Ramsgate; the Janss park site; the open space landscaping on Hartwick and Stetson; and the west slope on Lynn Road from Lotus to Janss; • Sidewalk, curb and gutter repair;
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
Zone 16 (Lynn Rd / 101 / Greenmeadow / Cypress)
• Landscaped center medians on Lynn Road from Freeway 101 to Greenmeadow; • Landscaped parkway and slopes on the west side of Lynn Road from Greenmeadow to 800 feet north of Greenmeadow; and the slope between the homes along Greenmeadow, Windtree, Newbury Road and Cypress;
• Sidewalk, curb and gutter repair;
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
Zone 17 (Olsen Rd / Regina / Wildwood / Arboles)
• Landscaped center medians on Olsen Road from 400 feet north of Starfire (End of Zone boundary) to Avenida De Los Arboles;
• Landscaped parkways and slopes on the east side of Olsen Road 300 feet north of Thunderhead to 650 feet south of Wildwood; the north side of Avenida De Los Arboles from 75 feet east of Regina to Lynn Road and from 75 feet east of Regina to 75 fee t east of Odebolt; east side of Olsen/Lynn from 650 feet south of Wildwood to Avenida De Los Arboles; and Wildwood slope (cul-de-sac east of Lynn Road);
• Weed abatement of open space within the Zone including Odebolt and Thunderhead; • Sidewalk, curb and gutter repair;
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
Zone 18 (Arboles / Keats / Longfellow)
• Landscaped slopes and parkways on the south side of Avenida De Los Arboles from 100 feet east of Keats to 50 feet east of Longfellow;
• Sidewalk, curb and gutter repair;
Item No.7H
1. Plans and Specifications
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 9
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
Zone 19 (Lynn Rd / East Slope / North Parkway / Janss)
• Landscaped parkways and slopes on the east side slo pe of Lynn Road and on the north parkway and slope, 340 feet south of Janss;
• Sidewalk, curb and gutter repair;
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
Zone 20 (Lynn Rd / Lotus / Camino Manzanas)
• Landscaped parkways and slopes on the west side of Lynn Road from Lotus to 150 feet north of Camino Manzanas;
• Sidewalk, curb and gutter repair;
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
Zone 21 (Moorpark Rd / 101 / Los Padres / Rolling Oaks) • Landscaped center median on South Moorpark Road fro m south of Freeway 101 to Los Padres (the length of the Zone boundary);
• Landscaped parkways on the east side of South Moorpark between Los Padres and Rolling Oaks; • Weed abatement of open space within the Zone includ ing areas along Los Padres, Woodlet, Scarborough, Newcastle, Oakhampton, Hillsborough;
• Sidewalk, curb and gutter repair;
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
Zone 22 (Olsen Rd / Moorpark to Mount Clef)
• Landscaped medians on Olsen Road from Moorpark Road to Mountclef; and on Moorpark Road from Olsen Road to the end of the Zone boundary;
• Landscaped parkways on the east side of Mountclef, the south side of Olsen Road and the west side of Moorpark Road along the Zone boundary;
• Sidewalk, curb and gutter repair;
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
Zone 23 (Moorpark Rd / Calle Entrar)
• Landscaped center median on Moorpark Road adjacent to the Zone boundary; • Landscaped parkway on the east side of Moorpark Road at Calle Entrar along the Zone boundary; • Sidewalk, curb and gutter repair;
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
Zone 24 (Pederson / Olsen / Northwood / Rushing Creek)
• Landscaped center median on Pederson Road between O lsen Road and Northwood Parkway; Olsen Road from approximately 500 feet west of Floating C loud to the west parkways on Flying Hills; Landscaped parkways and slopes on the north side of Pederson Road from Olsen Road to approximately 500 feet south of Northwood Parkway; the Northwood parkways and slopes from 700 feet south of Mabrey Court, to and including, Mabrey Court; the parkways and slopes on Olsen Road, east and west of Floating Cloud; the Rushing Creek parkways and slopes; the south parkway on Olsen Item No.7H
1. Plans and Specifications
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 10
Road between the Pederson slopes and the west parkways on Flying Hills; and the north parkways on Moorpark Road at Crossridge;
• Weed abatement of open space within the Zone including Northwood Parkway and Rushing Creek; • Sidewalk, curb and gutter repair;
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
Zone 25A & 25B (Erbes Rd / Sunset Hills / Olsen / Avenida De Los Flores / Parkview) • Landscaped medians on Erbes Road from Sunset Hills Boulevard to Avenida De Los Flores, and on Sunset Hills Boulevard from the 23 Freeway to Avenida Amaranto; • Landscaped parkways on the east side of Erbes Road between Avenida De Los Flores and Sunset Hills Boulevard; the west side of Erbes Road from Sunshin e to Sunset Hills Boulevard and west to 23 Freeway; the east side parkways and slopes on Erbes Road from McCrea, and North Fernleaf to Lemonberry; the landscaped open space behind homes at Rob Court and Peak Place; north side slope at Monte Carlo to Sunset Hills Boulevard, and the s outh side landscaped open space on Sunset Hills Boulevard at the Amaranto landscaped parkway; the s outh side parkway of Avenida De Los Arboles from Erbes to Kensington; on Parkview, the west parkway to Arboles, the north side to Erbes and the east side to Meadowbrook; Erbes, east parkway and slope at McCrea; landscaped parkway and slopes on the north side of Sunset Hills Boulevard from Av enida Amaranto to the west boundary of Tract 4604 (800 feet east end of Avenida Amaranto); lands caped parkway and slopes on the south side of Sunset Hills Boulevard, from Avenida Amaranto to Ocean Bluff Avenue; • Weed abatement of City owned open space areas within the Zone; • Sidewalk, curb and gutter repair;
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
In 2017 and 2018, a Capital Improvement Project was added to Zone A & B to include the following improvements: turf removal, planting new trees and drought tolerant ground coverings consistent with 2017 Forestry Master Plan, removal of sprinklers an d installing hard pipe bubbler system, grading and creating local depressions to contain irrigation an d rainwater within the landscaping (bioswales / retention basins), remove concrete and replace with decorative paving.
Zone 26 (Janss Country Oaks / Marview / Shadow Oaks / Sapra / Erbes) • Landscaped areas within and along Janss Country Oaks area, Marview, Shadow Oaks, and Sapra; and the west parkway on Erbes Road from Sapra to Tubbs;
• Weed abatement of open space areas within the Zone;
• Sidewalk, curb and gutter repair;
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
Zone 27 (Crown View Open space)
• Crown View open space landscaping;
• Necessary sidewalk repairs.
Zone 28 (Westlake Areas South of 101 / Townsgate / Hampshire / Triunfo / Bridgegate) • Landscaped medians and parkways throughout the Zone including:
• Townsgate center medians from Village Glen to Lakeview; • Village Glen Avenue center medians from Agoura Road to Watergate Road; • Hampshire center median from Townsgate to Westlake Boulevard; • Agoura Road center median and south parkway from We stlake Boulevard to Los Angeles Item No.7H
1. Plans and Specifications
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 11
County line;
• Windward, north parkway from Triunfo Canyon to Los Angeles County line; • Triunfo Canyon center median from Westlake Blvd to Los Angeles County line; • Northwest corner parkway of Triunfo Canyon at Glastonbury; • Clayford Court, south parkway from Bridgegate to Barclay; • Bridgegate north parkway from Westlake Boulevard to Clayford; • Aspenwall east parkways;
• Potrero north parkways;
• Flood plain along Flood Channel from Westlake Boulevard to Vista Oaks entryway; • Westlake Boulevard center median from the 101 Freeway to Potrero Road; • Weed abatement of open space areas within the Zone;
• Sidewalk, curb and gutter repair;
• Maintenance of designated street trees located on public streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone; • Maintenance of designated City maintained landscape areas that generally include irrigation controller systems (water meter billed t o City), shrubs, groundcover, trees, and mulch;
• Potrero and Westlake floodplain fencing and gates;
• Southeast corner parkway on Westlake Boulevard betw een Potrero Road and Devonshire Court including landscape and gabion baskets.
Zone 29 (Auto Mall Drive)
• Landscaping along Auto Mall Drive;
• Sidewalk, curb and gutter repair;
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
Zone 30 (North Ranch Areas / Thousand Oaks Blvd / Lakeview / Westlake Blvd / Hillcrest / Kanan / Lir) • Landscaped medians and parkways throughout the Zone including:
• Thousand Oaks Boulevard center median from Duesenberg to Los Angeles County line; • Thousand Oaks Boulevard north parkway from Lakeview to Los Angeles County line; • Lakeview Canyon medians and the east and west parkways from Thousand Oaks Boulevard, north to the last school exit;
• Westlake center medians and the east and west parkw ays, from 101 Freeway to 500 feet north of 2170 Westlake Boulevard (Lang Ranch Border);
• Duesenberg, east parkway from north of Thousand Oaks Post Office to Hillcrest; • Hillcrest, south parkway from Duesenberg to Westlake Boulevard; • Santiago, north parkway from Westlake to Sierra;
• Kanan Road center medians, north and south parkways from Westlake Boulevard to Lindero Canyon; • Lindero Road center medians and west parkway and be rm, from Kanan Road to Los Angeles County line;
• Weed abatement of open space areas within the Zone;
• Sidewalk, curb and gutter repair;
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
In 2017 and 2018, a Capital Improvement Project was added to Zone 30 to include the following improvements: turf removal, planting new trees and drought tolerant ground coverings consistent with 2017 Forestry Master Plan, removal of sprinklers an d installing hard pipe bubbler system, grading and Item No.7H
1. Plans and Specifications
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 12
creating local depressions to contain irrigation and rainwater within the landscaping (bioswales / retention basins), remove concrete and replace with decorative paving.
Zone 31 (Lang Ranch Area / Westlake Blvd / Arboles)
Landscaped medians and parkways throughout the Zone including:
• Avenida De Los Arboles median from Parkview to Westlake Boulevard; • Lang Ranch – Westlake Boulevard, the east and west parkways and slopes from Avenida De Los Arboles to 1700 feet north of Brunston;
• Sidewalk, curb and gutter repair;
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
Zone 32A and Zone 32B (Dos Vientos / Borchard / Las Brisas) • Landscaped slopes, parkways, fences and trails alon g both sides and center medians along Borchard Road (approximately 500,000 square feet of landscap ing) from the eastern boundary of the Zone to Via Las Brisas;
• Landscaped parkways (both sides), slopes (north sid e) and center medians on Lynn Road from the eastern boundary of the Zone to the western boundar y of the Zone (approximately 292,500 square feet of landscaping); fences and trails along Lynn Road within the Zone are maintained by COSCA; • Sidewalk, curb and gutter repair;
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
Each parcel within Zone 32 is designated as either sub-zone “A” or “B” to identify and distinguish between parcels that benefit from street tree maintenance services. Street tree maintenance is provided on public streets only and only those properties that benefit from this service are assessed.
Sub-zone “A” — identifies and designates parcels located on public streets that proportionately share and are assessed for the improvements on Lynn Road, Borchard Road as well as tree maintenance services.
Sub-zone “B” — identifies and designates parcels lo cated on private streets that proportionately share and are assessed for the improvements on Lynn Road and Borchard Road only.
In 2017 and 2018, a Capital Improvement Project was added to Zone A & B to include the following improvements: turf removal, planting new trees and drought tolerant ground coverings consistent with 2017 Forestry Master Plan, removal of sprinklers an d installing hard pipe bubbler system, grading and creating local depressions to contain irrigation an d rainwater within the landscaping (bioswales / retention basins), remove concrete and replace with decorative paving.
Zone 33 (Lynn Rd / Regal Oak / East Kelley / Ventu Park Rd) • Landscaped center median on Lynn Road 600 feet east of Regal Oak to East Kelley; • Landscaped parkway slopes on the south side of Lynn Road between Ventu Park and Kelley; • Sidewalk, curb and gutter repair;
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
Zone 34 (Lynn Rd / Haigh)
• Landscaped center median on Lynn Road from Haigh to 550 feet west of Haigh; • Landscaped parkway and slopes on the north side of Lynn Road from Haigh to 700 feet west of Haigh; • Sidewalk, curb and gutter repair;
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
Item No.7H
1. Plans and Specifications
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 13
Zone 35 (Tree Maintenance for Tracts)
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
Zone 36 (Camino Dos Rios / Grande Vista)
• Landscaped medians on Camino Dos Rios from Grande V ista Drive to approximately 550 feet east of Hillcrest Drive;
• Landscaped medians on Grande Vista Drive north of Camino Dos Rios; • Sidewalk, curb and gutter repair;
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
Zone 37A (Reino / Kimber / Maurice)
• Landscaped medians on Reino Road from Kimber Drive south to Maurice Drive; • Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
Zone 37B (Open Space)
• A strip of open space area 100 feet wide from the e asterly property line of Assessor Parcel Numbers 665-0-020-21 and 665-0-020-27 for tree maintenance purposes and weed abatement as required by the Ventura County Fire Department.
Zone 38 (Moorpark Rd / Columbia / Country Club Rd)
• Landscape improvements located on the east side of Moorpark Road adjacent to the properties located on Country Club Road just north of Columbia Road th at were installed as part of the City’s Capital Improvement Project 1181.
Zone 39 (S Lynn Rd / E of Ventu)
• Landscape parkway/slope located on the south side o f Lynn Road from Ventu Park Road east approximately 180 feet to the eastern boundary of P roject No. LD694 (extension of the Hope Dr centerline).
• Maintenance of designated street trees located on p ublic streets within the developments and subdivisions and within the District-maintained landscaped areas of the Zone.
District Lighting Improvements
Public street lighting exists throughout the City o f Thousand Oaks and the costs of maintaining and supplying electricity for these lights are funded t hrough both Ad Valorem revenues and special benefit assessments. Parcels, subdivisions and developments that receive special benefits from local street lighting (in-tract street lighting and/or adjacent street lighting) are assessed for only a portion of the street lighting costs associated with these improvements. The remai ning local street lighting costs, street lighting a nd traffic signals identified as general benefit are f unded through Ad Valorem revenues and other revenue sources. For administrative purposes, the District is divided into six Lighting Zones that represent geographical regions of the City. Within each of th ese six zones, only parcels that receive special be nefits from local street lighting are assessed, each being assessed proportionately for the cost of providing local street lighting in their area.
Lighting Zones
Zones A through C are located south of the Ventura Freeway (Hwy 101) • Zone A is the western one-third;
• Zone B is the central area;
Item No.7H
1. Plans and Specifications
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 14
• Zone C is the eastern one-third.
Zones D through F are located north of the Ventura Freeway (Hwy 101) • Zone D is the eastern portion known as North Ranch;
• Zone E is the remainder of the eastern portion that is east of the Thousand Oaks Freeway (Hwy 23);
• Zone F is all areas north of the Ventura Freeway (Hwy 101) and west of the Thousand Oaks Freeway (Hwy 23)
District Capital Improvement Projects
In February 2006, the City acquired the rights to a 3.29 acre parcel to be used for the expansion of t he Municipal Service Center (“MSC”) to address hazardo us waste collection recycling transportation and equipment storage needs of the City. The expansion is to include a community recycling facility, transportation bus storage and maintenance as well as meeting room and office space. The $5,310,000 project was funded by the various departments using the facility as well as a $585,000 Federal Transportation Grant. The Landscaping District was responsible for $643,000 in MSC expansion funding and the lighting district for $427,500. The total lands cape and lighting contribution amount of $1,070,500 represents 20.2% of the overall project cost. This project was completed in 2014 and the obligation to the District has been satisfied.
In the summer of 2017 the City performed improvemen ts and upgrades to the landscaped areas and irrigation systems in the five demonstration sites from the 2017 Forestry and Landscape Master Plan wi th a cost of $1,662,000. The Landscape District was re sponsible for $1,050,500 of the total project cost of $1,662,000. The locations of the sites are in Dos V ientos, Newbury Park, Thousand Oaks - West, Thousand Oaks – East, and North Ranch/Westlake. The project was completed in the fall of 2019.
In the summer of 2019 the City began design efforts to replace damaged trees and landscaping along Cit y maintained parkways, medians and City reservoir tank sites, including La Granada, Oakbrook, Grissom, and Wilder, that suffered damage during the Woolsey Fire in November 2018. Affected streets include Westlake Boulevard and Kanan Road. Total project cost of $1,289,343 included $140,325 of funding by the Landscape District. The first phase of project construction (Kanan and Westlake medians) began in the spring of 2021, with the remaining phase of construction (water tanks) starting construction in 2022.
In the fall of 2022 the City plans on replacing woodcrete fences in North Ranch and various locations within the City. The cost is estimated at $200,000 to be f ully funded by the Landscape District. The project is expected to be completed in the spring of 2023.
In the fall of 2022 the City plans on starting desi gn for landscape and irrigation improvements within the center medians of Thousand Oaks Boulevard, between Duesenberg Drive and the County line near Via Colinas. The project consists of various center medians totaling approximatley 130,000 square feet with an estimated cost of $2,000,000 to be funded by the La ndscape District. The project is expected to be completed by spring of 2024.
In the summer of 2023 the City plans on starting de sign for landscape and irrigation improvements with in the center medians on Westlake Boulevard between Th ousand Oaks Boulevard and Allyson Street. The project consists of various center medians totally approximatley 210,000 square feet with an estimated cost of $3,000,000 to be funded by the Landscape District. The project is expected to be completed bythe spring of 2025.
Item No.7H
1. Plans and Specifications
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 15
In the summer of 2024 the City plans on starting de sign for landscaping along Kanan Road from Westlake Boulevard to Lindero Canyon Road, which will be budgeted in the next capital improvement budget.
Annexations
As of the preparation of the Report for Fiscal Year 2022-23, there are no annexations planned.
Item No.7H
2. Method of Assessment Apportionment
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 16
General
Pursuant to the 1972 Act, the costs of the District may be apportioned by any formula or method, which fairly distributes the net amount to be assessed among assessable parcels in proportion to the estimated benefits to be received by each such parcel from the improvements. The formula used for calculating special benefits within the District reflects the composition of the parcel s and the improvements and services provided to fai rly apportion the costs based on the estimated special benefit to each parcel. The Agency is required to identify all parcels which have special benefits conferred upon them and upon which an assessment will be imposed. The proportionate special benefit to each parcel shall be determined in relationship to the entirety of th e public improvement or the maintenance and operation expenses being provided.
Proposition 218 Compliance
In conjunction with the provisions of the 1972 Act, the California Constitution Article XIIID addresses several key criteria for the levy of assessments, notably:
Article XIIID Section 2(d) defines District as follows:
“District means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property related service”; Article XIIID Section 2(i) defines Special Benefit as follows:
“Special benefit” means a particular and distinct b enefit over and above general benefits conferred on real property located in the district or to the public a t large. General enhancement of property value does not constitute “special benefit.”
Article XIIID Section 4(a) defines proportional special benefit assessments as follows:
“An agency which proposes to levy an assessment sha ll identify all parcels which will have a special b enefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in re lationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the proper ty related service being provided. No assessment shall be imposed on any parcel which exceeds the reasona ble cost of the proportional special benefit conferred on that parcel.” This District was formed to establish and provide f or the improvements that enhance the presentation o f the surrounding properties and developments. These improvements will directly benefit the parcels to be assessed within the District. The assessments and method of apportionment is based on the premise that the assessments will be used to construct and install landscape and lighting improvements within the existing District as well as provide for the annual maintenance of those improve ments, and the assessment revenues generated by the District will be used solely for such purposes.
The costs of the proposed improvements have been id entified and allocated to properties within the Dis trict based on special benefit. The improvements to be pr ovided by this District and for which properties wi ll be assessed, have been identified as an essential component and local amenity that provides a direct reflection and extension of the properties within the District whi ch the property owners and residents have expressed a high level of support.
The method of apportionment (method of assessment) set forth in the Report is based on the premise that each assessed property receives special benefits from th e landscape and lighting improvements within the Di strict, and the assessment obligation for each parcel refle cts that parcel’s proportional special benefits as compared to other properties that receive special benefits.
To identify and determine the proportional special benefit to each parcel within the District, it is n ecessary to Item No.7H
2. Method of Assessment Apportionment
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 17
consider the entire scope of the improvements provi ded as well as the properties that benefit from tho se improvements. The improvements and the associated c osts described in this Report, have been carefully reviewed and have been identified and allocated bas ed on a benefit rationale and calculations that proportionally allocate the net cost of only those improvements determined to be of special benefit to properties within the District. The various public improvements and the associated costs have been ide ntified as either “general benefit” (not assessed) or “special benefit”.
Benefit Analysis
The District improvements, associated costs and ass essments have been reviewed, identified and allocat ed to each assessed parcel based on special benefit pursu ant to the provisions of the California Constitutio n and the 1972 Act. The improvements provided by the District have been identified as necessary, required and/or desired for the orderly development of the properties within each respective Zone to their full potential, consistent with the proposed property development plans and applica ble portions of the City General Plan. Although the improvements include public street lighting, open s pace areas, landscaped parkways and medians availab le or visible to the public at large, the District improv ements are typically localized and the construction and installation of the improvements were only necessar y for the development of properties within the Dist rict or would have been required for property development if the improvements were not pre-existing. In either case, the District improvements were not required nor necessarily desired by any properties or developments outside the various Zone boundaries. Therefore, any public access or use of these local improvements by others is incidental and there is no measurable general benefit to properties outside the District or to the public at large.
The improvements for which properties are assessed directly enhance the desirability and security of t hose properties and the ongoing operation, servicing and maintenance of the improvements are a direct and special benefit to the properties within the District. To the extent that some District improvements may provide similar benefits to properties outside the various Zone boundaries, the proportional costs associated with the “general benefit” components for that specific improvement are funded by other sources and not included as part of the special benefit assessments. The proportional costs identified as “general benefit” are funded either by the General Fund or Ad Valorem revenues. The amount to be assessed against each parcel within the District represents only the parcel’s proportionate special benefit from the improvements.
Special Benefits of Landscaping
The improvements funded by the assessments in each Landscape Zone are specific to the maintenance and service of the improvements installed as part of th e individual tracts, developments, or neighborhoods within the Zone. The improvements funded by District asses sments have been identified as a special benefit to the properties assessed and provide no measurable general benefit to the public at large. Assessed parcels benefit by having local landscape improvements available for the enjoyment and safety of owners, patrons, customers, residents, tenants and their families, providing sp ecial enhancement of properties within the area. Th e City recognizes that some landscape improvements may enhance the quality of life throughout the City, and to this extent, the amount to be assessed to properties receiving special benefit have been reduced proportionately in some Zones through the use of City Ad Valorem revenues.
The special benefits properties receive from local landscaping include:
• The aesthetic value of green space;
• Improved aesthetic appeal of nearby parcels;
• Enhanced adaptation of the urban environment within the natural environment; • Improved erosion resistance;
• Improved dust and debris control;
• Improved traffic circulation, driver awareness, and reduced accidents; • Reduced noise and air pollution (environmental enhancement); • Enhanced sense of pride within the development and community.
Item No.7H
2. Method of Assessment Apportionment
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 18
Special Benefits of Lighting
The special benefits of street lighting are the convenience, safety, and security of property, improvements, and goods. Specifically:
• Enhanced deterrence of crime and the aid to police protection; • Increased nighttime safety on roads and highways;
• Improved ability of pedestrians and motorists to see; • Improved ingress and egress to property;
• Reduced vandalism and other criminal acts and damage to improvements or property; • Improved traffic circulation and reduced nighttime accidents and personal property loss; • Increased promotion of business during nighttime hours in the case of commercial properties.
Assessment Methodology
Each parcel in the District is assigned a weighting factor known as an Equivalent Benefit Unit (EBU) t o identify the parcel’s proportionate special benefit from specific improvements. Each parcel’s EBU is calculated based on the parcel’s land use, development status and/or size as compared to other parcels that are associated with the improvements. A typical single family residential p roperty is assigned an EBU of 1.00, and all other p roperty types are assigned an EBU proportionate to the spec ial benefits they receive as compared to this singl e-family residential property. The total EBU in a Zone is divided into the total amount to be assessed (Balance to Levy) to establish the Levy per EBU (Assessment Rate). This assessment rate is then multiplied by the parcel’s individual EBU to establish the parcel’s levy amount.
The formulas for the method of apportionment are as follows:
Total Balance to Levy in Zone / Total EBU in Zone = Levy per EBU (Rate) for Zone Levy per EBU (Rate) x Parcel’s Calculated EBU = Pa rcel’s Levy Amount for Zone
Land Use Classifications
Every parcel within the District is assigned a land use classification based on available parcel infor mation obtained from the County Assessor’s Office and City records. It has been determined that a parcel size , development or development potential (planned devel opment) and a primary land use classification (i.e. , Residential versus Non-Residential or Vacant versus Developed) are the appropriate factors necessary to identify and calculate the proportional special benefits con veyed to each property within the District for the cost of improvements associated with that property. Parcels associated with the District improvements are assi gned one of the following land use classifications:
Residential Parcels — This classification may include, but is not limite d to: all subdivided residential tract lots (with or without structures); multiple-family resid ential properties including apartments and mobile-h ome parks; condominiums; rural/estate residential prope rties and any other property identified as a subdiv ided residential property. Because landscape improvements associated with residential properties are usually located on the perimeter of the development or residential subdivision, landscape improvements are typically associated with the entire development and provide substantially similar and equal benefits to each residential unit. Therefore, all residential properties are assigned 1.00 EBU per unit for their proportional allocation of the landscape improvement costs whether a residential u nit has been constructed or merely approved for development.
Similarly, for a typical residential tract developm ent with public street lighting within and adjacent to the development, the benefit to each residential property is reasonably equal and each residential parcel is assigned
1.00 EBU. However, most other residential developme nts including rural residential properties, condomi nium developments, apartments, or residential developmen ts on private streets, the District maintained stre et Item No.7H
2. Method of Assessment Apportionment
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 19
lighting is usually limited to perimeter lighting a djacent to the development or the local public stre ets used to access the properties. Due to the reduced number of streetlights benefiting these properties and their proximity to District provided streetlights, these residential developments are assigned 0.25 EBU per unit (prov ided local street lighting exists near the development). In those cases where no local street lighting is associated with the residential property, (as is the case with many rur al residential properties) the parcel is not assess ed for street lighting.
Developed Non-Residential — This classification typically includes all develo ped properties that are not identified as residential properties and includes b oth publicly owned (non-taxable) and privately owne d properties. A property is considered developed, if the County Assessor’s Office has identified the property with a structure (assessed structural value) or a struct ure is known to exist on the property. This classif ication may include, but is not limited to all types of commercial or industrial developments, churches or facilities utilized by other non-profit organizations, privately owned rec reational facilities, hotels, schools or government owned offices and facilities.
To establish a proportionate special benefit calcul ation (EBU) for developed non-residential propertie s, a correlation between residential developments and no n-residential developments has been established.
Although the development footprint per acre for non -residential properties is typically greater than t hat of residential properties a reasonable estimate of the direct and special benefits conveyed to developed non- residential properties would be a similar and equal benefit conveyed to the properties if they had bee n developed as residential. Within the City of Thousand Oaks, residential developments yield approximately 3.60 benefit units per acre on average. Therefore, devel oped non-residential properties are assigned 3.60 E BU per acre for landscape improvements, but a minimum of 1.00 EBU per parcel (parcels less than 0.28 acres). For street lighting improvements, developed non-residential properties typically augment lighting in the surrounding area with their own lighting facilities (i.e. parking lot lights or security lights) and their benefit from local street lighting improvements closely resemble residential developme nts that provide their own street lighting such as condominium projects or apartments. Therefore, deve loped non-residential properties are assigned 1.00 EBU per acre for street lighting, but a minimum of 0.25 EBU per parcel (parcels less than 0.25 acres).
Planned Residential Developments — This classification identifies properties that are currently vacant land and not fully subdivided, but have an approved specific-plan, tract map or tentative tract map where the number of proposed residential benefit units associated with the property can be quantified. Typically these properties are actively being developed and will be fully subdivid ed into the proposed number of residential lots in the near future. It has been determined that the proportiona l special benefit these parcels receive from landsc aping improvements is similar to fully subdivided residen tial properties and are assigned an EBU that reflec ts the planned number of benefit units. Because these prop erties have not been subdivided and local street li ghting improvements typically have not been completed, this type of property is assessed as a single residential lot for local street lighting improvements until the property is actually subdivided or lighting facilities are constructed.
However, if the property is being balloted for a ne w or increased assessment the proposed maximum stre et lighting assessment amount presented to the property owner for approval shall be based on a weighted benefit that reflects the planned number of benefit units.
Planned Non-Residential Developments — This classification identifies properties that ar e currently vacant land, but have an approved specific-plan, developme nt plan, parcel map or tentative map that clearly d efines the proposed subdivision and development of the pro perty where the net-acreage to be developed as non- residential (excluding easements or open space area s) is quantifiable. Typically these properties are actively being developed and the property has been fully subdivided or will be completely subdivided in the near future.
It has been determined that the proportionate speci al benefit this type of property receives from loca l landscaping improvements is similar to other fully subdivided developed non-residential properties and shall be assigned 3.60 EBU per acre (based on net acreage to be developed), eliminating any acreage identified as streets, Item No.7H
2. Method of Assessment Apportionment
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 20
open space or easements. On the other hand, because these properties have not been fully developed, th ey clearly have less benefit from local street lighting than a fully developed property and therefore shall be assessed
1.0 EBU per parcel regardless of the parcel’s acrea ge. However, for the purposes of balloting, the ass essment presented to the property owner for approval shall be based on the parcels development at build-out. ( Fully developed non- residential property at 1.0 EBU per acre).
Vacant Planned Developments — This classification identifies properties that are currently undeveloped (vacant land) that will be developed in whole or in part, b ut a specific development plan has not been determi ned or finalized (A specific-plan, project plan, tract map or tentative tract map has either not been approve d or the actual number of residential units and/or nonreside ntial acres to be developed has not been quantified ).
Typically, these properties are not being actively developed, but may be part of a larger residential or non- residential development area. To reflect both the d evelopment status of these properties and overall development potential (considering possible streets, easements or open space), these properties are as signed
1.26 EBU per acre (gross acreage) for landscape improvements and 1.00 EBU per parcel for local street lighting (if they derive benefit for existing local street lighting).
Vacant Undefined Development — This classification identifies properties that ar e currently vacant land and there are no current development plans for the property. This classification includes properties zoned for either residential use or non-residential use and may incl ude either publicly owned (nontaxable) or privately owned properties. Although these properties may be physically located within the boundaries of a benefit zone, it has been determined that these properties receive no me asurable special benefit from the existing improvem ents in their current development status. However, becau se these properties have been included within a Zon e boundary it has also been determined that these properties may have future or potential special benefits from the Zone improvements. Therefore, these properties are subject to an assessment if, and when, their development status and land use classification changes. Although these parcels are not currently assessed, any future assessment resulting from a land use change would not be considered a new or increased assessme nt and would not require property owner balloting and approval.
Item No.7H
2. Method of Assessment Apportionment
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 21
Exempt — Exempt from District assessments are the areas of public streets, private streets and other roadways, dedicated public easements, rights-of ways including public greenbelts and parkways (typically not assigned an Assessor’s Parcel Number by the County) or any other such parcel including open space areas and channel-ways.
Also, exempted from assessment would be utility rig hts-of-ways, common areas (such as in condominium complexes), landlocked parcels, small parcels vacat ed by the County, bifurcated lots, and any other pr operty that cannot be developed or is a shared possessor interest by other properties that are assessed. These types of properties receive no direct benefit from the improvements and receive no measurable special benefit from the continued operation and maintenance of those improvements.
Parks, open space areas, public schools, golf cours es or similar facilities by nature of their develop ment or use substantially enhance the landscaping amenities within the District as well as provide recreational opportunities for the public. These properties add to the special benefits of other properties and any benefit these parcels might receive from either landscaping or lighting improvements are more general than special benefits and are therefore exempted from assessment.
Special Cases — In almost every District where multiple land use classifications are involved, there is usually one or more properties that the standard land use class ifications or usual calculation of benefit do not o r cannot accurately identify the special benefits the parcel receives from the improvements. These types of situations are considered special cases and the EBU calculated for these properties are based on a combination of the standard land use classifications. For example, a parcel may be part of a planned development, but the parcel i ncludes both planned non-residential and residential development. In this special case, neither the Planned Residential Development nor the Planned Non- Residential Development land use classification alone would be appropriate to calculate special benefits, but applying the app ropriate EBU calculation to the respective portions of the overall property development would establish an accurate identification of the parcel’s special benefit. In some cases, a property may actually fit a standard land use classification, but the usual method of calcula ting the parcel’s special benefits is clearly not appropriate. For example, a parcel may be identified as a Developed Non- Residential property, however only a small percentage of the parcel’s total acreage is actually developed. In this case, an appropriate calculation of special benefit would be based on the net acreage utilized rather than the gross acreage of the parcel.
Item No.7H
2. Method of Assessment Apportionment
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 22
The following are the EBU factors applied to various property types for Landscaping:
Table 2-1
Landscaping Equivalent Benefit Unit Summary
Land Use EBU Factor
Residential 1.00 Unit
Multi-Family Residential 0.75 Unit
Developed Non-Residential (1) 3.60 Acre
Planned Residential Developments 1.00 Unit
Planned Non-Residential Developments 3.60 Acre
Vacant Planned Developments (2) 1.26 Acre
Vacant Undefined Developments 0.00 Parcel
Exempt (3) 0.00 Parcel
(1) Assigned 3.60 EBU per acre, with a minimum of 1.00 EBU per parcel. (2) Annual Assessment is calculated at 1.26 per acre, b ut for balloting purposes, assessments may be calculated at 3.6 per acre (anticipated buil d-out). (3) Exempt properties include only properties that cann ot be developed, common areas, open space areas, easements or other properties with res tricted development or identified as receiving no special benefit from the District impr ovements.
The following are the EBU factors applied to various property types for Street Lighting:
Table 2-2
Lighting Equivalent Benefit Unit Summary
Land Use EBU Factor
Residential Tract Parcels (Public) 1.00 Unit
Residential Tract Parcels (Private) (1) 0.25 Unit
Residential Condominiums (1) 0.25 Unit
Multi-Family Residential (1) 0.25 Unit
Rural Residential Parcels (2) 0.25 Unit
Developed Non-Residential (2)(3) 1.00 Parcel
Planned Residential Developments (4) 1.00 Parcel
Planned Non-Residential Developments 1.00 Parcel
Vacant Planned Developments (4) 1.00 Parcel
Vacant Undefined Developments 0.00 Parcel
Exempt (3) 0.00 Parcel
(1) Assessed for streetlights on nearby publi c streets used to access the property, not "in-tract" (private) lighting facilities).EBU reflects proportional benefit from District provided street lighting. Mobile Homes and Mobile Home Parks are assigned an assessm ent, but it is covered by the General Fund per Council policy.
(2) Local street lighting is not applicable to this land use in all areas. Assessed only if the proper ty receives direct benefit from local street lighting in area. (3) Assigned 1.0 EBU per acre, with a minimum of 0 .25 EBU per parcel. (4) Annual assessment is per parcel, but for ballo ting purposes assessments are based on proposed build-out.
Item No.7H
2. Method of Assessment Apportionment
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 23
Assessment Adjustment Formula
Most budget items are typically impacted by inflati on. In an effort to minimize this impact on the Dis trict, a formula for an inflation adjustment was submitted t o property owners as part of the property owner bal loting process conducted for all District assessments. The formula as described below was originally approved by the District property owners in Fiscal Year 1997-98 and was first applied in Fiscal Year 1998-99 (commencing July 1, 1998) and allows for annual adjustments to the maxi mum assessment allowed. Subsequent new or increased assessments balloted include this same assessment formula.
District assessments include a formula for increasi ng assessments each Fiscal Year to offset increases in costs due to inflation. Generally, any new or increased a ssessments require certain noticing, meeting, and b alloting requirements by law. However, Government Code Secti on 54954.6(o) provides that a “new or increased assessment” does not include “an assessment which d oes not exceed an assessment formula or range of assessments...previously adopted by the agency or approved by the voters in the area where the assessment is imposed.” This definition of an increased assessment was later confirmed by Senate Bill 919 (the Implementing Legislation for Proposition 218).
The following describes the assessment adjustment f ormula approved by the City Council and the Distric t property owners:
The maximum assessment amount allowed for each fisc al year may be increased in an amount equal to the greater of: (1) three percent (3.0%), or (2) the pe rcentage increase of the Local Consumer Price Index (CPI).
Consumer Price Index applied is for the Los Angeles-Long Beach-Anaheim, CA Area for All Urban Consumers, as developed by U.S. Bureau of Labor Statistics. The C PI used shall be as determined by the Bureau of Lab or Statistics for a similar period of time.
Each fiscal year the City shall compute the percentage difference between the CPI on January 1, and the CPI for the previous January 1 or a similar time period. Th is percentage difference shall then establish the r ange of increased assessments allowed based on CPI. Based o n this Assessment Adjustment Formula, the maximum assessment rates for each Zone for Fiscal Year 2022-23 has been adjusted by 7.51% over the previous fiscal year as the percentage change in CPI was 7.51%. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City shall use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living.
In the event that the City Council determines that the maximum inflation adjustment allowed to the assessments is not required for a given fiscal year, the City Council may adopt an assessment less than the allowable maximum assessment for that year. If the budget and assessments for the District or any Zone requires an increase greater than the adjustment set forth in the formula, then the proposed increase would be subject to approval by the property owners subject to the increased assessment.
Item No.7H
3. Cost Estimate
City of Thousand Oaks Landscape and Lighting Assessment District No. 79-2 Engineer’s Report for Fiscal Year 2022 -23 24
District Budgets
The following tables provide a summary of the Landscape and Lighting budgets for each Zone within the District, as well as General Fund expenditures for non-assess ed improvements within the City of Thousand Oaks. M ore specifically, these tables identify the costs and a ssessments (rate) applied to each Equivalent Benefit Unit within each Zone that are necessary to cover the costs and expenses of the improvements that provide a special benefit to properties within the Zones.
Table 3-1
Fiscal Year 2022-23 Landscape Zone Cost Estimates
Budget Item Zone 1 Zone 2 Zone 3 Zone 4
DIRECT COSTS
Labor and Fringe Benefits $4,048.07 $18,323.00 $1,758.81 $3,396.77 Contracted Services $2,187.00 $15,033.26 $404.06 $2,658.50 MSC/PW Supplies/Equipment $390.20 $2,340.37 $125.90 $311.70 Maintenance/Capital Projects $0.00 $0.00 $0.00 $0.00 Other Operating Expenses (Major Task Orders) $0.00 $0.00 $0.00 $0.00 Water & Electricity $3,327.98 $14,036.38 $0.00 $0.00 Subtotal Direct Costs $9,953.25 $49,733.01 $2,288.77 $6,366.97
ADMINISTRATION COSTS
Consultant/Management Fee $254.36 $121.37 $49.06 $454.49 County Administration Fee $59.62 $142.14 $49.87 $104.10 City Cost Allocation/Overhead $2,891.98 $1,379.93 $557.84 $5,167.40 Subtotal Administration Costs $3,205.96 $1,643.44 $656.78 $5,725.99 Total Direct and Admin Costs $13,159.21 $51,376.45 $2,945.55 $12,092.96
COLLECTION/(CREDIT) APPLIED TO LEVY
City Subsidy ($2,647.29) ($770.62) $0.00 $0.00
Capital Improvement Collection / (Transfer) $0.00 $0.00 $14,468.10 $5,715.59 Reserve Fund Credit / Adjustment $0.00 $0.00 $0.00 $0.00 Interest / Other Reimbursements $0.00 $0.00 $0.00 $0.00 Subtotal Collection/(Credit) Applied to Levy ($2,647.29) ($770.62) $14,468.10 $5,715.59 Balance to Levy $10,511.92 $50,605.83 $17,413.65 $17,808.55
DISTRICT STATISTICS
Total Number of Parcels 200 97 39 353
Total Parcels Assessed 197 94 38 352
Total Equivalent Benefit Units (EBU) 197.00 94.00 38.00 352.00 Proposed Levy per EBU $53.36 $538.34 $458.24 $50.58
Total Estimated Revenue $10,511.92 $50,603.96 $17,413.12 $17,804.16 Maximum Rate per EBU - FY 2022-23 $53.36 $538.36 $538.36 $139.79 Prior Year Maximum Rate per EBU - FY 2021-22 $49.63 $500.77 $500.77 $130.03 Prior Year Applied Rate per EBU - FY 2021-22 $49.62 $500.74 $426.26 $47.06
Item No.7H
3. Cost Estimate
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 25
Budget Item Zone 5 Zone 6 Zone 7 Zone 8
DIRECT COSTS
Labor and Fringe Benefits $63,558.31 $1,958.83 $73,358.95 $2,259.47 Contracted Services $52,239.82 $3,891.09 $71,287.18 $4,575.88 MSC/PW Supplies/Equipment $6,013.75 $32.80 $1,751.58 $163.20 Maintenance/Capital Projects $0.00 $0.00 $0.00 $0.00 Other Operating Expenses (Major Task Orders) $0.00 $0.00 $45,000.00 $0.00 Water & Electricity $38,352.38 $2,646.81 $101,460.14 $0.00 Subtotal Direct Costs $160,164.26 $8,529.53 $292,857.85 $6,998.55
ADMINISTRATION COSTS
Consultant/Management Fee $566.94 $33.57 $324.08 $187.22 County Administration Fee $663.76 $39.31 $379.54 $126.24 City Cost Allocation/Overhead $6,445.86 $381.68 $3,684.71 $2,128.61 Subtotal Administration Costs $7,676.55 $454.57 $4,388.33 $2,442.08 Total Direct and Admin Costs $167,840.81 $8,984.10 $297,246.18 $9,440.62
COLLECTION/(CREDIT) APPLIED TO LEVY
City Subsidy $0.00 $0.00 ($162,119.68) $0.00
Capital Improvement Collection / (Transfer) $68,541.57 $5,012.93 $0.00 $31,323.08 Reserve Fund Credit / Adjustment $0.00 $0.00 $0.00 $0.00 Interest / Other Reimbursements $0.00 $0.00 $0.00 $0.00 Subtotal Collection/(Credit) Applied to Levy $68,541.57 $5,012.93 ($162,119.68) $31,323.08 Balance to Levy $236,382.39 $13,997.03 $135,126.50 $40,763.70
DISTRICT STATISTICS
Total Number of Parcels 432 27 260 147
Total Parcels Assessed 438 26 251 145
Total Equivalent Benefit Units (EBU) 439.09 26.00 251.00 145.00 Proposed Levy per EBU $538.34 $538.34 $538.34 $281.12 Total Estimated Revenue $236,378.63 $13,996.84 $135,123.34 $40,762.40 Maximum Rate per EBU - FY 2022-23 $538.36 $538.36 $538.36 $450.83 Prior Year Maximum Rate per EBU - FY 2021-22 $500.77 $500.77 $500.77 $419.35 Prior Year Applied Rate per EBU - FY 2021-22 $500.76 $500.76 $500.76 $261.50
Item No.7H
3. Cost Estimate
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 26
Budget Item Zone 9 Zone 10 Zone 11 Zone 12
DIRECT COSTS
Labor and Fringe Benefits $2,740.51 $14,593.62 $10,564.51 $10,100.32 Contracted Services $3,086.20 $10,322.62 $32,776.82 $19,904.39 MSC/PW Supplies/Equipment $212.00 $1,858.70 $49.20 $120.40 Maintenance/Capital Projects $0.00 $0.00 $0.00 $0.00 Other Operating Expenses (Major Task Orders) $0.00 $0.00 $0.00 $0.00 Water & Electricity $2,289.70 $14,174.01 $8,813.76 $10,587.81 Subtotal Direct Costs $8,328.40 $40,948.95 $52,204.29 $40,712.91
ADMINISTRATION COSTS
Consultant/Management Fee $74.89 $50.36 $140.43 $141.18 County Administration Fee $87.70 $58.97 $152.12 $132.75 City Cost Allocation/Overhead $851.45 $572.52 $1,596.61 $1,605.12 Subtotal Administration Costs $1,014.04 $681.85 $1,889.16 $1,879.04 Total Direct and Admin Costs $9,342.44 $41,630.80 $54,093.44 $42,591.95
COLLECTION/(CREDIT) APPLIED TO LEVY
City Subsidy $0.00 ($20,635.23) $0.00 $0.00
Capital Improvement Collection / (Transfer) $21,881.74 $0.00 $4,457.41 $10,163.16 Reserve Fund Credit / Adjustment $0.00 $0.00 $0.00 $0.00 Interest / Other Reimbursements $0.00 $0.00 $0.00 $0.00 Subtotal Collection/(Credit) Applied to Levy $21,881.74 ($20,635.23) $4,457.41 $10,163.16 Balance to Levy $31,224.18 $20,995.57 $58,550.85 $52,755.11
DISTRICT STATISTICS
Total Number of Parcels 59 40 36 13
Total Parcels Assessed 58 39 36 7
Total Equivalent Benefit Units (EBU) 58. 00 39.00 108.76 109.34 Proposed Levy per EBU $538.34 $538.34 $538.34 $482.48 Total Estimated Revenue $31,223.72 $20,995.26 $58,549.97 $52,754.24 Maximum Rate per EBU - FY 2022-23 $538.36 $538.36 $538.36 $1,025.51 Prior Year Maximum Rate per EBU - FY 2021-22 $500.77 $500.77 $500.77 $953.91 Prior Year Applied Rate per EBU - FY 2021-22 $500.76 $500.76 $500.76 $448.80
Item No.7H
3. Cost Estimate
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 27
Budget Item Zone 13 Zone 14 Zone 15A Zone 15B
DIRECT COSTS
Labor and Fringe Benefits $82,718.02 $57,621.13 $33,019.64 $2,789.60 Contracted Services $93,188.19 $29,181.45 $75,267.08 $6,544.96 MSC/PW Supplies/Equipment $8,399.21 $3,561.51 $882.35 $76.73 Maintenance/Capital Projects $0.00 $0.00 $0.00 $0.00 Other Operating Expenses (Major Task Orders) $0.00 $50,000.00 $0.00 $0.00 Water & Electricity $66,987.66 $25,379.45 $54,869.12 $4,268.17 Subtotal Direct Costs $251,293.08 $165,743.54 $164,038.19 $13,679.46
ADMINISTRATION COSTS
Consultant/Management Fee $1,967.05 $683.03 $171.16 $158.81 County Administration Fee $833.65 $479.55 $216.22 $37.37 City Cost Allocation/Overhead $22,364.55 $7,765.77 $1,946.01 $1,805.65 Subtotal Administration Costs $25,165.25 $8,928.35 $2,333.39 $2,001.84 Total Direct and Admin Costs $276,458.33 $174,671.89 $166,371.57 $15,681.30
COLLECTION/(CREDIT) APPLIED TO LEVY
City Subsidy ($23,900.00) ($18,345.34) ($89,391.65) ($9,059.00) Capital Improvement Collection / (Transfer) $0.00 $0.00 $0.00 $0.00 Reserve Fund Credit / Adjustment $0.00 $0.00 $0.00 $0.00 Interest / Other Reimbursements $0.00 $0.00 $0.00 $0.00 Subtotal Collection/(Credit) Applied to Levy ($23,900.00) ($18,345.34) ($89,391.65) ($9,059.00) Balance to Levy $252,558.33 $156,326.55 $76,979.93 $6,622.30
DISTRICT STATISTICS
Total Number of Parcels 1,204 535 156 135
Total Parcels Assessed 1,202 529 143 123
Total Equivalent Benefit Units (EBU) 1,523.46 529.00 143.00 123.00 Proposed Levy per EBU $165.76 $295.50 $538.32 $53.82 Total Estimated Revenue $252,528.73 $156,319.50 $76,979.76 $6,619.86 Maximum Rate per EBU - FY 2022-23 $271.92 $295.53 $538.36 $53.84 Prior Year Maximum Rate per EBU - FY 2021-22 $252.93 $274.90 $500.77 $50.08 Prior Year Applied Rate per EBU - FY 2021-22 $150.70 $274.88 $500.76 $50.06
Item No.7H
3. Cost Estimate
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 28
Budget Item Zone 16 Zone 17 Zone 18 Zone 19
DIRECT COSTS
Labor and Fringe Benefits $12,381.96 $33,256.72 $2,682.40 $4,123.20 Contracted Services $19,686.00 $42,085.43 $3,052.89 $3,500.68 MSC/PW Supplies/Equipment $344.60 $349.20 $237.70 $131.60 Maintenance/Capital Projects $0.00 $0.00 $0.00 $0.00 Other Operating Expenses (Major Task Orders) $0.00 $25,000.00 $0.00 $0.00 Water & Electricity $12,915.84 $45,758.86 $1,426.54 $4,232.47 Subtotal Direct Costs $45,328.40 $146,450.21 $7,399.53 $11,987.95
ADMINISTRATION COSTS
Consultant/Management Fee $111.04 $260.82 $87.80 $16.79 County Administration Fee $114.39 $305.44 $60.73 $19.66 City Cost Allocation/Overhead $1,262.49 $2,965.38 $998.25 $190.84 Subtotal Administration Costs $1,487.92 $3,531.64 $1,146.77 $227.28 Total Direct and Admin Costs $46,816.32 $149,981.85 $8,546.30 $12,215.23
COLLECTION/(CREDIT) APPLIED TO LEVY
City Subsidy ($6,794.22) ($41,235.44) $0.00 ($5,216.71) Capital Improvement Collection / (Transfer) $0.00 $0.00 $11,181.58 $0.00 Reserve Fund Credit / Adjustment $0.00 $0.00 $0.00 $0.00 Interest / Other Reimbursements $0.00 $0.00 $0.00 $0.00 Subtotal Collection/(Credit) Applied to Levy ($6,794.22) ($41,235.44) $11,181.58 ($5,216.71) Balance to Levy $40,022.10 $108,746.41 $19,727.88 $6,998.52
DISTRICT STATISTICS
Total Number of Parcels 91 205 73 15
Total Parcels Assessed 86 202 68 13
Total Equivalent Benefit Units (EBU) 86. 00 202.00 68.00 13.00 Proposed Levy per EBU $465.36 $538.34 $290.10 $538.34 Total Estimated Revenue $40,020.96 $108,744.68 $19,726.80 $6,998.42 Maximum Rate per EBU - FY 2022-23 $465.42 $538.36 $538.36 $538.36 Prior Year Maximum Rate per EBU - FY 2021-22 $432.93 $500.77 $500.77 $500.77 Prior Year Applied Rate per EBU - FY 2021-22 $432.88 $500.76 $269.86 $500.76
Item No.7H
3. Cost Estimate
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 29
Budget Item Zone 20 Zone 21 Zone 22 Zone 23
DIRECT COSTS
Labor and Fringe Benefits $13,589.34 $32,381.07 $22,837.49 $4,708.78 Contracted Services $27,306.04 $34,879.87 $19,804.78 $4,020.40 MSC/PW Supplies/Equipment $380.90 $2,929.90 $1,645.90 $147.60 Maintenance/Capital Projects $0.00 $0.00 $0.00 $0.00 Other Operating Expenses (Major Task Orders) $0.00 $0.00 $0.00 $0.00 Water & Electricity $8,420.23 $14,926.75 $29,616.69 $8,704.68 Subtotal Direct Costs $49,696.51 $85,117.59 $73,904.86 $17,581.46
ADMINISTRATION COSTS
Consultant/Management Fee $166.56 $591.31 $474.32 $116.21 County Administration Fee $151.32 $437.20 $267.69 $81.55 City Cost Allocation/Overhead $1,893.73 $6,722.94 $5,392.82 $1,321.21 Subtotal Administration Costs $2,211.62 $7,751.45 $6,134.84 $1,518.97 Total Direct and Admin Costs $51,908.13 $92,869.04 $80,039.70 $19,100.43
COLLECTION/(CREDIT) APPLIED TO LEVY
City Subsidy $0.00 $0.00 $0.00 $0.00
Capital Improvement Collection / (Transfer) $0.00 $67,692.36 $2,484.86 $7,481.96 Reserve Fund Credit / Adjustment $0.00 $0.00 $0.00 $0.00 Interest / Other Reimbursements $0.00 $0.00 $0.00 $0.00 Subtotal Collection/(Credit) Applied to Levy $0.00 $67,692.36 $2,484.86 $7,481.96 Balance to Levy $51,908.13 $160,561.40 $82,524.55 $26,582.39
DISTRICT STATISTICS
Total Number of Parcels 134 229 369 92
Total Parcels Assessed 129 217 365 90
Total Equivalent Benefit Units (EBU) 129.00 457.96 367.36 90.00 Proposed Levy per EBU $402.38 $350.58 $224.64 $295.34 Total Estimated Revenue $51,907.02 $160,552.60 $82,522.85 $26,580.60 Maximum Rate per EBU - FY 2022-23 $525.05 $450.27 $264.91 $295.36 Prior Year Maximum Rate per EBU - FY 2021-22 $488.39 $418.83 $246.41 $274.73 Prior Year Applied Rate per EBU - FY 2021-22 $372.40 $326.12 $208.96 $274.70
Item No.7H
3. Cost Estimate
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 30
Budget Item Zone 24 Zone 25A Zone 25B Zone 26
DIRECT COSTS
Labor and Fringe Benefits $83,645.94 $139,583.55 $22,327.17 $74,734.83 Contracted Services $81,261.97 $237,545.19 $17,879.75 $71,490.48 MSC/PW Supplies/Equipment $5,187.50 $4,955.19 $372.97 $5,775.40 Maintenance/Capital Projects $0.00 $0.00 $0.00 $0.00 Other Operating Expenses (Major Task Orders) $20,000.00 $41,850.00 $3,150.00 $0.00 Water & Electricity $84,942.84 $164,325.38 $204.25 $86,003.64 Subtotal Direct Costs $275,038.25 $588,259.31 $43,934.14 $238,004.35
ADMINISTRATION COSTS
Consultant/Management Fee $508.72 $1,900.60 $377.02 $132.99 County Administration Fee $417.52 $1,621.19 $153.26 $155.75 City Cost Allocation/Overhead $5,783.96 $21,609.11 $4,286.59 $1,512.05 Subtotal Administration Costs $6,710.21 $25,130.90 $4,816.87 $1,800.79 Total Direct and Admin Costs $281,748.45 $613,390.26 $613,390.22 $239,805.13
COLLECTION/(CREDIT) APPLIED TO LEVY
City Subsidy ($141,113.37) ($63,390.00) ($7,150.00) ($184,355.30) Capital Improvement Collection / (Transfer) $0.00 $0.00 $0.00 $0.00 Reserve Fund Credit / Adjustment $0.00 $0.00 $0.00 $0.00 Interest / Other Reimbursements $0.00 $0.00 $0.00 $0.00 Subtotal Collection/(Credit) Applied to Levy ($141,113.37) ($63,390.00) ($7,150.00) ($184,355.30) Balance to Levy $140,635.08 $550,000.22 $41,601.01 $55,449.83
DISTRICT STATISTICS
Total Number of Parcels 430 1,516 313 125
Total Parcels Assessed 394 1,472 292 103
Total Equivalent Benefit Units (EBU) 394. 00 1,472.00 292.00 103.00 Proposed Levy per EBU $356.94 $373.64 $142.46 $538.34 Total Estimated Revenue $140,634.36 $549,998.08 $41,598.32 $55,449.02 Maximum Rate per EBU - FY 2022-23 $356.95 $373.64 $149.46 $538.36 Prior Year Maximum Rate per EBU - FY 2021-22 $332.03 $347.55 $139.02 $500.77 Prior Year Applied Rate per EBU - FY 2021-22 $332.02 $347.54 $129.52 $500.76
Item No.7H
3. Cost Estimate
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 31
Budget Item Zone 27 Zone 28 Zone 29 Zone 30
DIRECT COSTS
Labor and Fringe Benefits $2,427.20 $211,429.93 $15,551.33 $234,341.76 Contracted Services $1,357.00 $149,004.28 $27,449.34 $273,066.57 MSC/PW Supplies/Equipment $104.00 $18,547.74 $246.00 $11,329.58 Maintenance/Capital Projects $0.00 $0.00 $0.00 $0.00 Other Operating Expenses (Major Task Orders) $0.00 $60,000.00 $0.00 $30,000.00 Water & Electricity $1,442.16 $189,495.89 $20,941.68 $266,883.79 Subtotal Direct Costs $5,330.36 $628,477.84 $64,188.35 $815,621.70
ADMINISTRATION COSTS
Consultant/Management Fee $14.20 $5,253.88 $300.36 $5,681.02 County Administration Fee $16.63 $2,462.13 $201.52 $2,915.75 City Cost Allocation/Overhead $161.48 $59,734.47 $3,415.03 $64,590.97 Subtotal Administration Costs $192.32 $67,450.47 $3,916.91 $73,187.74 Total Direct and Admin Costs $5,522.67 $695,928.31 $68,105.26 $888,809.45
COLLECTION/(CREDIT) APPLIED TO LEVY
City Subsidy $0.00 $0.00 $0.00 $0.00
Capital Improvement Collection / (Transfer) $399.15 $54,677.02 $10,868.54 $41,045.24 Reserve Fund Credit / Adjustment $0.00 $0.00 $0.00 $0.00 Interest / Other Reimbursements $0.00 $0.00 $0.00 $0.00 Subtotal Collection/(Credit) Applied to Levy $399.15 $54,677.02 $10,868.54 $41,045.24 Balance to Levy $5,921.82 $750,605.33 $78,973.80 $929,854.69
DISTRICT STATISTICS
Total Number of Parcels 11 3517 32 3,674
Total Parcels Assessed 11 3481 27 3,520
Total Equivalent Benefit Units (EBU) 11.00 4,072.08 232.63 4,399.90 Proposed Levy per EBU $538.34 $184.32 $339.48 $211.32 Total Estimated Revenue $5,921.74 $750,565.21 $78,973.10 $929,786.70 Maximum Rate per EBU - FY 2022-23 $538.36 $184.34 $376.97 $211.38 Prior Year Maximum Rate per EBU - FY 2021-22 $500.77 $171.47 $350.65 $196.62 Prior Year Applied Rate per EBU - FY 2021-22 $500.76 $171.46 $315.78 $196.58
Item No.7H
3. Cost Estimate
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 32
Budget Item Zone 31 Zone 32A Zone 32B Zone 33
DIRECT COSTS
Labor and Fringe Benefits $57,770.40 $155,602.11 $24,260.75 $11,856.53 Contracted Services $80,380.88 $184,809.36 $43,350.34 $11,683.92 MSC/PW Supplies/Equipment $2,736.40 $12,205.24 $2,862.96 $236.40 Maintenance/Capital Projects $0.00 $0.00 $0.00 $0.00 Other Operating Expenses (Major Task Orders) $15,000.00 $0.00 $0.00 $0.00 Water & Electricity $46,251.76 $105,066.20 $23,860.73 $20,056.98 Subtotal Direct Costs $202,139.44 $457,682.91 $94,334.78 $43,833.83
ADMINISTRATION COSTS
Consultant/Management Fee $2,262.13 $2,384.01 $641.71 $107.17 County Administration Fee $719.70 $1,523.75 $355.43 $92.31 City Cost Allocation/Overhead $25,719.54 $27,105.22 $7,296.01 $1,218.45 Subtotal Administration Costs $28,701.37 $31,012.98 $8,293.15 $1,417.92 Total Direct and Admin Costs $230,840.81 $488,695.89 $102,627.94 $45,251.76
COLLECTION/(CREDIT) APPLIED TO LEVY
City Subsidy ($27,309.31) $0.00 $0.00 ($13,880.24)
Capital Improvement Collection / (Transfer) $0.00 $5,232.08 $6,103.36 $0.00 Reserve Fund Credit / Adjustment $0.00 $0.00 $0.00 $0.00 Interest / Other Reimbursements $0.00 $0.00 $0.00 $0.00 Subtotal Collection/(Credit) Applied to Levy ($27,309.31) $5,232.08 $6,103.36 ($13,880.24) Balance to Levy $203,531.51 $493,927.97 $108,731.30 $31,371.52
DISTRICT STATISTICS
Total Number of Parcels 1,279 1,763 509 87
Total Parcels Assessed 1,251 1,722 497 83
Total Equivalent Benefit Units (EBU) 1,752.00 1,845.39 497.00 83.00 Proposed Levy per EBU $116.16 $267.64 $218.76 $377.96 Total Estimated Revenue $203,512.32 $493,900.71 $108,723.72 $31,370.68 Maximum Rate per EBU - FY 2022-23 $116.18 $326.44 $239.37 $377.98 Prior Year Maximum Rate per EBU - FY 2021-22 $108.07 $303.64 $222.66 $351.59 Prior Year Applied Rate per EBU - FY 2021-22 $108.06 $248.96 $203.50 $351.58
Item No.7H
3. Cost Estimate
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 33
Budget Item Zone 34 Zone 35 Zone 36 Zone 37A
DIRECT COSTS
Labor and Fringe Benefits $4,417.96 $24,842.21 $2,149.49 $2,202.16 Contracted Services $3,833.46 $13,833.04 $1,966.34 $4,134.58 MSC/PW Supplies/Equipment $11.20 $3,162.00 $147.60 $32.80 Maintenance/Capital Projects $0.00 $0.00 $0.00 $0.00 Other Operating Expenses (Major Task Orders) $0.00 $0.00 $0.00 $0.00 Water & Electricity $11,286.24 $3,924.68 $686.23 $131.12 Subtotal Direct Costs $19,548.86 $45,761.93 $4,949.66 $6,500.65
ADMINISTRATION COSTS
Consultant/Management Fee $51.65 $1,242.60 $380.77 $51.07 County Administration Fee $55.69 $337.65 $47.64 $7.19 City Cost Allocation/Overhead $587.20 $14,127.89 $4,329.26 $580.67 Subtotal Administration Costs $694.54 $15,708.14 $4,757.67 $638.93 Total Direct and Admin Costs $20,243.40 $61,470.07 $9,707.33 $7,139.59
COLLECTION/(CREDIT) APPLIED TO LEVY
City Subsidy ($633.00) $0.00 $0.00 ($4,529.46)
Capital Improvement Collection / (Transfer) $0.00 $16,602.59 $8,104.57 $0.00 Reserve Fund Credit / Adjustment $0.00 $0.00 $0.00 $0.00 Interest / Other Reimbursements $0.00 $0.00 $0.00 $0.00 Subtotal Collection/(Credit) Applied to Levy ($633.00) $16,602.59 $8,104.57 ($4,529.46) Balance to Levy $19,610.40 $78,072.65 $17,811.90 $2,610.13
DISTRICT STATISTICS
Total Number of Parcels 40 934 16 4
Total Parcels Assessed 40 843 19 4
Total Equivalent Benefit Units (EBU) 40. 00 962.38 303.45 39.56 Proposed Levy per EBU $490.24 $81.12 $58.68 $65.98
Total Estimated Revenue $19,609.60 $78,068.56 $17,806.31 $2,609.84 Maximum Rate per EBU - FY 2022-23 $538.36 $93.53 $93.53 $111.76 Prior Year Maximum Rate per EBU - FY 2021-22 $500.77 $87.00 $87.00 $103.96 Prior Year Applied Rate per EBU - FY 2021-22 $445.72 $75.46 $54.60 $61.38
Item No.7H
3. Cost Estimate
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 34
Budget Item Zone 37B Zone 38 Zone 39
DIRECT COSTS
Labor and Fringe Benefits $128.33 $2,081.35 $648.08
Contracted Services $0.00 $1,626.02 $2,693.22
MSC/PW Supplies/Equipment $0.00 $177.80 $32.80
Maintenance/Capital Projects $0.00 $0.00 $0.00
Other Operating Expenses (Major Task Orders) $0.00 $0.00 $0.00 Water & Electricity $367.11 $0.00 $0.00
Subtotal Direct Costs $495.44 $3,885.17 $3,374.10
ADMINISTRATION COSTS
Consultant/Management Fee $55.52 $19.37 $3.87
County Administration Fee $36.56 $9.37 $1.97
City Cost Allocation/Overhead $631.24 $220.20 $44.04
Subtotal Administration Costs $723.33 $248.94 $49.89
Total Direct and Admin Costs $1,218.77 $4,134.11 $3,423.98
COLLECTION/(CREDIT) APPLIED TO LEVY
City Subsidy $0.00 ($1,395.61) ($2,836.29)
Capital Improvement Collection / (Transfer) $10,519.34 $0.00 $0.00 Reserve Fund Credit / Adjustment $0.00 $0.00 $0.00
Interest / Other Reimbursements $0.00 $0.00 $0.00
Subtotal Collection/(Credit) Applied to Levy $10,519.34 ($1,395.61) ($2,836.29) Balance to Levy $11,738.11 $2,738.50 $587.69
DISTRICT STATISTICS
Total Number of Parcels 43 14 3
Total Parcels Assessed 43 15 3
Total Equivalent Benefit Units (EBU) 43. 00 15.00 3.00 Proposed Levy per EBU $272.96 $182.56 $195.88
Total Estimated Revenue $11,737.28 $2,738.40 $587.64
Maximum Rate per EBU - FY 2022-23 $537.64 $182.57 $195.92 Prior Year Maximum Rate per EBU - FY 2021-22 $500.10 $169.83 $182.24 Prior Year Applied Rate per EBU - FY 2021-22 $253.92 $169.82 $182.22
Item No.7H
3. Cost Estimate
City of Thousand Oaks Landscape and Lighting Assessment District No. 79 -2 Engineer’s Report for Fiscal Year 2022 -23 35
Table 3-2
Fiscal Year 2022-23 Landscape Zone Summary
District Total District Total Non District
Landscaping
Citywide
Landscaping
DIRECT COSTS
Labor and Fringe Benefits $1,578,772 $2,119,211 $3,697,982 Contracted Services $1,784,250 $990,142 $2,774,393
MSC/PW Supplies/Equipment $100,581 $0 $100,581
Maintenance/Capital Projects $0 $0 $0
Other Operating Expenses (Major Task Orders) $290,000 $482,709 $772,709 Water & Electricity $1,499,066 $472,113 $1,971,179
Subtotal Direct Costs $5,252,669 $4,064,175 $9,316,844
ADMINISTRATION COSTS
Consultant/Management Fee $28,572 $0 $28,572
County Administration Fee $16,132 $0 $16,132
City Cost Allocation/Overhead $324,847 $0 $324,847
Subtotal Administration Costs $369,550 $0 $369,550
TOTAL DIRECT AND ADMINISTRATION COSTS $5,622,219 $4,064,175 $9,686,394
COLLECTION/(CREDITS) APPLIED TO LEVY
City Subsidy ($844,045) $0 ($844,045)
Capital Improvement Collection / (Transfer) $421,312 $0 $421,312 Reserve Fund Credit / Adjustment $0 $0 $0
Interest / Other Reimbursements $0 $0 $0
Subtotal Collection/(Credits) Applied to Levy ($422,733) $0 ($422,733) BALANCE TO LEVY $5,199,486
DIRECT STATISTICS
Total Number of Parcels
19,251
Total Parcels Assessed
18,668
Total Equivalent Benefit Units (EBU) 22,149.35 Total Estimated Revenue $5,199,210.92
Item No.7H
3. Cost Estimate
City of Thousand Oaks Landscape and Lighting Assessment District No. 79-2 Engineer’s Report for Fiscal Year 2022-23 36
Table 3-3
Fiscal Year 2022-23 Lighting Zone Cost Estimates
District Total Zone A Zone B Zone C Zone D Zone E Zone F
DIRECT COSTS
Labor and Fringe Benefits $33,365.66 $8,759.61 $11,487.05 $11,125.83 $23,045.05 $46,013.77 Street Light / Safety Lighting Electricity $219,4 95.61 $57,627.68 $75,564.03 $73,190.29 $151,604.31 $302,695.81 Traffic Signal Maintenance $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal Direct Costs $252,861.27 $66,387.29 $87,051.08 $84,316.12 $174,649.36 $348,709.58
ADMINISTRATION COSTS
City Cost Allocation $4,148.67 $1,089.04 $1,427.68 $1,383.61 $2,865.04 $5,720.41 Consultant Fees $795.24 $208.74 $273.76 $265.14 $549.39 $1,096.73 County Administration Fees $31,526.22 $8,276.91 $10,852.76 $10,511.97 $21,775.40 $43,476.62 Subtotal Administration Costs $36,470.13 $9,574.69 $12,554.21 $12,160.71 $25,189.84 $50,293.76 TOTAL DIRECT AND ADMINISTRATION COSTS $289,331.39 $75,961.98 $99,605.28 $96,476.83 $199,839.20 $399,003.34
COLLECTION/(CREDIT) APPLIED TO LEVY
City Subsidy ($158,987.88) ($41,749.12) ($55,538.07) ($55,801.14) ($109,521.94) ($229,156.74) Supplemental Signal $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Interest Income $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Other Revenues $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal Collection/(Credit) Applied to Levy ($158,987.88) ($41,749.12) ($55,538.07) ($55,801.14) ($109,521.94) ($229,156.74) BALANCE TO LEVY $130,343.51 $34,212.86 $44,067.21 $40,675.69 $90,317.26 $169,846.60
DIRECT STATISTICS
Total Number of Parcels 8,407 2,821 3,482 3,600 7,079 11,123 Total Parcels Assessed 8,071 2,821 3,481 3,521 7,011 11,107 Total Equivalent Benefit Units (EBU) 7,225.25 1,896.50 2,442.75 2,254.75 5,006.50 9,415.00 Proposed Levy per EBU $18.04 $18.04 $18.04 $18.04 $18.04 $18.04 Maximum Rate per EBU - FY 2022-23 $18.05 $18.05 $18.05 $18.05 $18.05 $18.05 Prior Year Maximum Rate per EBU - FY 2021-22 $16.79 $16.79 $16.79 $16.79 $16.79 $16.79 Prior Year Applied Rate - FY 2021-22 $16.78 $16.78 $16.78 $16.78 $16.78 $16.78
Item No.7H
3. Cost Estimate
City of Thousand Oaks Landscape and Lighting Assessment District No. 79-2 Engineer’s Report for Fiscal Year 2022 -23 37
Table 3-4
Fiscal Year 2022-23 Lighting Zone Summary
District Total
Special Benefit
(All Zones)
Non District
Lighting
Citywide
Lighting
DIRECT COSTS
Labor and Fringe Benefits $133,797 $72,045 $205,842
Street Light / Safety Lighting Electricity $880,178 $473,942 $1,354,119 Traffic Signal Maintenance $0 $443,580 $443,580
Subtotal Direct Costs $1,013,975 $989,566 $2,003,541
ADMINISTRATION COSTS
City Cost Allocation $16,634 $0 $16,634
Consultant Fees $3,189 $0 $3,189
County Administration Fees $126,420 $0 $126,420
Subtotal Administration Costs $146,243 $0 $146,243
TOTAL DIRECT AND ADMINISTRATION COSTS $1,160,218 $989,566 $2,149,784
COLLECTION/(CREDIT) APPLIED TO LEVY
City Subsidy ($650,755) ($989,566) ($1,640,321)
Supplemental Signal $0 $0 $0
Interest Income $0 $0 $0
Other Revenues $0 $0 $0
Subtotal Collection/(Credit) Applied to Levy ($650,755) ($989,566) ($1,640,321) BALANCE TO LEVY $509,463 $0 $509,463
DIRECT STATISTICS
Total Number of Parcels 36,512
Total Parcels Assessed 36,012
Total Equivalent Benefit Units (EBU) 28,240.75 Proposed Levy per EBU
Maximum Rate per EBU - FY 2022-23
Prior Year Maximum Rate per EBU - FY 2021-22
Prior Year Applied Rate - FY 2021-22
Item No.7H
APPENDIX A
Assessment Diagram
Item No.7H
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 79-2 ZONES
Sources: City of Thousand Oaks,
2019; Ventura Co. GIS, 2018.
BORCHARD RD
Landscaoing
Zone 35
£¤101
Landscaping
Zone 32
Landscaping
Zone 33
Landscaping
Zone 7
Landscaping
Zone 5
Landscaping
Zone 4
Landscaping
Zone 2
Landscaping
Zone 1
Landscaping
Zone 8
Landscapong
Zone 9
Landscaping
Zone 37A
Landscaping
Zone 37B
Landscaping
Zone 10
Landscaping
Zone 3
Landscaping
Zone 34
Landscaping
Zone 39
Landscaping
Zone 6
Landscaoing
Zone 35
LYNN RD
W POTRERO RD
OLD CONEJO RD
Lighting
Zone E
M:\GIS-Assessment\ThousandOaks\LLMD_79-2_A_9x11.mxd; Map created 06 May 2019 Lighting Zone A
I
0 2,000 4,000 6,000
Feet
CITY OF THOUSAND OAKS
Landscaping 79-2 Zones
Zone 1
Zone 2
Zone 3
Zone 4
Zone 5
Zone 6
Zone 7
Zone 8
Zone 9
Zone 10
Zone 32
Zone 33
Zone 34
Zone 35
Zone 37A
Zone 37B
Zone 39
LEGEND
City Boundary
Lighting 79-2 Zones
Zone A
Item No.7H
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 79-2 ZONES
Sources: City of Thousand Oaks,
2019; Ventura Co. GIS, 2018.
Landscaping
Zone 21
Landscaping
Zone 16
·|}þ23
£¤101
M
OORPARK
RD
LYNN RD
THOUSAND OAKS BL
HILLCREST DR
HAMPSHIRERD
TRIUNFO
CYN
RD
FOOTHILL DR
Lighting
Zone B
M:\GIS-Assessment\ThousandOaks\LLMD_79-2_B_9x11.mxd; Map created 06 May 2019 Lighting Zone B
I
0 2,000 4,000 6,000
Feet
CITY OF THOUSAND OAKS
LEGEND
City Boundary
Lighting 79-2 Zones
Zone B
Landscaping 79-2 Zones
Zone 16
Zone 21
Item No.7H
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 79-2 ZONES
Sources: City of Thousand Oaks,
2019; Ventura Co. GIS, 2018.
Landscaping
Zone 28
·|}þ23
£¤101
S
W
ESTLAKE
BL
POTRERO RD
HAMPSHIRERD
TRIUNFO
CYN
RD
FOOTHILL DR
Lighting
Zone C
M:\GIS-Assessment\ThousandOaks\LLMD_79-2_C_9x11.mxd; Map created 06 May 2019 Lighting Zone C
I
0 2,000 4,000 6,000
Feet
CITY OF THOUSAND OAKS
LEGEND
City Boundary
Lighting 79-2 Zones
Zone C
Landscaping 79-2 Zones
Zone 28
Item No.7H
LANDSCAPE AND LIGHTING ASSESSMENT
DISTRICT 79-2 ZONES
Sources: City of Thousand Oaks,
2019; Ventura Co. GIS, 2018.
Landscaping
Zone 20
Landscaping
Zone 29
·|}þ23
£¤101
KANANRD
THOUSAND OAKS BL
W
ESTLAKE
BLVD
Lighting
Zone D
M:\GIS-Assessment\ThousandOaks\LLMD_79-2_D_9x11.mxd; Map created 06 May 2019 Lighting Zone D
I
0 2,000 4,000 6,000
Feet
CITY OF THOUSAND OAKS
LEGEND
City Boundary
Lighting 79-2 Zones
Zone D
Landscaping 79-2 Zones
Zone 29
Zone 30
Item No.7H
LANDSCAPE AND LIGHTING ASSESSMENT
DISTRICT 79-2 ZONES
Sources: City of Thousand Oaks,
2019; Ventura Co. GIS, 2018.
Landscaping
Zone 25A L
Landscaping
Zone 31
Landscaping
Zone 26
Landscaping
Zone 27Landscaping
Zone 35
Landscaping
Zone 25B
·|}þ23
£¤101
ERBES
RD
KANANRD
THOUSANDOAKSBL
HILLCREST DR W
ESTLAKE
BLVD
Lighting
Zone E
M:\GIS-Assessment\ThousandOaks\LLMD_79-2_E_9x11.mxd; Map created 06 May 2019 Lighting Zone E
I
0 2,000 4,000 6,000
Feet
CITY OF THOUSAND OAKS
LEGEND
City Boundary
Lighting 79-2 Zones
Zone E
Landscaping 79-2 Zones
Zone 25A
Zone 25B
Zone 26
27 Zone 31
Zone 35
Item No.7H
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 79-2 ZONES
Sources: City of Thousand Oaks,
2019; Ventura Co. GIS, 2018.
Landscaping
Zone 20
Landscaping
Zone 13
Landscaping
Zone 19 Landscaping
Zone 38
·|}þ23
Landscaping
Zone 36
Landscaping
Zone 35
Landscaping
Zone 14
Landscaping
Zone 24
Landscaping
Zone 22
Landscaping
Zone 12
Landscaping
Zone 11
Landscaping
Zone 17
Landscaping
Zone 15B
Landscaping
Zone 15A
Landscaping
Zone 18
Landscaping
Zone 23
ERBESRD
M
OORPARKRD
LYNN RD
HILLCREST DR
JANSSRD
OLD CONEJO RD
Lighting
Zone F
M:\GIS-Assessment\ThousandOaks\LLMD_79-2_F_9x11.mxd; Map created 06 May 2019 Lighting Zone F
I
0 3,000 6,000 9,000
Feet
CITY OF THOUSAND OAKS
Landscaping 79-2 Zones
Zone 11
Zone 12
Zone 13
Zone 14
Zone 15A
Zone 15B
Zone 17
Zone 18
Zone 19
Zone 20
Zone 22
Zone 23
Zone 24
Zone 31
Zone 35
Zone 36
Zone 38
LEGEND
City Boundary
Lighting 79-2 Zones
Zone F
Item No.7H
APPENDIX B
Assessment Roll (Under Separate Cover)
Item No.7H
Item No.7H
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF THOUSAND OAKS INITIATING PROCEEDINGS
FOR ANNUAL LEVY OF ASSESSMENTS FOR
THOUSAND OAKS LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO. 79-2 (FISCAL YEAR
2022-23)
WHEREAS, the City Council has, by previous Resolutions, formed the Thousand Oaks Landscape and Lighting Assessment District No. 79-2 (hereinafter referred to as the "District") pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the "Act"), that provides for the levy and collection of assessments by the County of Ventura for the City of Thousand Oaks to pay the maintenance and services of lighting and landscaping improvements, and appurtenant facilities and operations related thereto; and
WHEREAS, the City Council has retained Webb Municipal Finance, LLC (hereinafter "Assessment Engineer"), to prepare and file the Engineer's Report (hereinafter referred to as the "Engineer's Report") with the City Clerk for the purposes of establishing ongoing annual assessments, in accordance with the Act and the provisions of the California Constitution, Article XIIID.
NOW, THEREFORE, the City Council of the City of Thousand Oaks does hereby resolve as follows:
Section 1 The City Council hereby orders the Assessment Engineer to prepare and file with the City Clerk, the Engineer's Report concerning the establishment and levy of District assessments for
Fiscal Year 2022-23 in accordance with Chapter 1, Article 4, commencing with Section 22565 of the Act.
Section 2 The proposed District improvements and zones for Fiscal Year 2022-23 are substantially the same as the improvements and zones previously approved and adopted by the City Council, including the maintenance, operation and furnishing of services and materials for public lighting facilities including, but not limited to, street lights, traffic signals and safety lights at intersections, landscaped areas including open space areas, parkways, slopes and medians within the public rights-of-way including, but not limited to, trees, shrubs, turf and other ornamental vegetation, drainage and irrigation systems, and other appurtenant facilities. The Engineer's ATTACHMENT #3
Item No.7H
2 2
7 8
Report shall generally describe District improvements including those improvements to be maintained within the territory to be annexed into the District.
PASSED AND ADOPTED this 24th day of May, 2022, by the following vote:
Ayes:
Noes:
Absent:
________________________________
Bob Engler, Mayor
City of Thousand Oaks, CA
ATTEST/CERTIFY:
________________________________
Cynthia M. Rodriguez, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
________________________________
Tracy Friedl, Assistant City Attorney
APPROVED AS TO ADMINISTRATION:
________________________________
Andrew P. Powers, City Manager
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.
DPW: 830-40\jt\etm\H:\Council\2022\052422\ LLAD 79-2 Initiate Proceedings Resolution Item No.7H
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF THOUSAND OAKS DECLARING ITS
INTENTION TO LEVY ANNUAL ASSESSMENTS
FOR THOUSAND OAKS LANDSCAPE AND
LIGHTING ASSESSMENT DISTRICT NO. 79-2
(FISCAL YEAR 2022-23)
WHEREAS, the City Council has, by previous Resolutions, formed the Thousand Oaks Landscape and Lighting Assessment District No. 79-2 (hereinafter referred to as the “District”) and initiated proceedings to levy annual assessments for Fiscal Year 2022-23, pursuant to the provisions of the Landscaping and Lighting Act of 1972, part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”); and WHEREAS, the City Council has retained Webb Municipal Finance, LLC to prepare and file an Engineer’s Report (hereinafter referred to as the “Engineer’s Report”) with the City Clerk for the purposes of establishing ongoing annual assessments in accordance with the Act and the provisions of the California Constitution, Article XIIID; and
WHEREAS, the Engineer’s Report for Fiscal Year 2022-23 has been prepared and filed with the City Clerk and has been presented to the City Council for review and approval.
NOW, THEREFORE, the City Council of the City of Thousand Oaks does hereby resolve as follows:
Section 1 The City Council hereby declares that it is its intention to levy annual assessments for Fiscal Year 2022-23 over and including the land within the existing District boundary, to pay the costs of the operation, maintenance, and servicing of lighting, landscaping, and appurtenant facilities and operations related thereto pursuant to Chapter 3, Section 22624 of the Act, and the California Constitution, Article XIIID.
Section 2 The Engineer’s Report as presented has been reviewed by the City Council, and based on this review the City Council hereby makes the following determinations:
a. The District improvements and zones described in the Engineer’s Report are substantially the same as those improvements and zones previously approved and adopted by the City Council.
ATTACHMENT #4
Item No.7H
2 2
7 9
b. The costs and expenses of providing the improvements have been budgeted for each of the District zones and the proportionate special benefit derived by each individual parcel assessed has been determined in relationship to the entirety of those costs and expenses.
c. The proposed assessments do not exceed the reasonable costs of the proportional special benefit conferred on each parcel. d. Only the special benefits have been assessed and a contribution has been made from City funds in the amount that exceeds any reasonable general benefit to properties outside the district or to the public at large.
e. The assessments do not exceed the maximum annual
assessments previously authorized to be levied for the District and the zones therein.
Section 3 The Preliminary Engineer’s Report for Fiscal Year 2022-23 as presented is hereby approved for content and it is the intention of the City Council to levy and collect the proposed assessments so described for Fiscal Year 2022-23.
Section 4 The proposed improvements within the District include the maintenance, operation, and the furnishing of services and materials for public lighting facilities including, but not limited to, street lights, traffic signals and safety lights at intersections, landscaped areas including open space areas, parkways, slopes and medians within the public rights-of-way including, but not limited to, trees, shrubs, turf and other ornamental vegetation, drainage and irrigation systems, and other appurtenant facilities. The Engineer’s Report provides a full description of the improvements and the assessments connected therewith for the District.
Section 5 The boundaries of the District are within the boundaries of the incorporated City Limits of the City of Thousand Oaks, within the County of Ventura, State of California, and are designated as Thousand Oaks Landscape and Lighting Assessment District No. 79-2. The District includes forty-three (43) distinct Landscape Benefit Zones (including subzones): Zones 1 through 39; and six (6) Lighting Benefit Zones: Zones A through F. The District and zones within the District are more fully described in the Engineer’s Report.
Section 6 The proposed assessments for each parcel within the District shall be calculated in accordance with the method of apportionment established for the District and owners in accordance with the California Constitution, Article XIIID. The method of apportionment and the proposed assessment rates are documented in the Engineer’s Report.
Item No.7H
2 2
7 9
Section 7 The City Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments for the District in accordance with Government Code Section 54954.6 Chapter 3, Section 22625 of the Act. At the Public Hearing, interested persons shall be permitted to present written and/or oral testimony.
Section 8 Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesday, June 14, 2022, at 6:00 p.m., or as soon thereafter as feasible, in the City Council Chambers, located at 2100 Thousand Oaks Boulevard, Thousand Oaks.
PASSED AND ADOPTED this 24th day of May, 2022, by the following vote:
Ayes:
Noes:
Absent:
_______________________________
Bob Engler, Mayor
City of Thousand Oaks, CA
ATTEST/CERTIFY:
_________________________________
Cynthia M. Rodriguez, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
_________________________________
Tracy Friedl, Assistant City Attorney
APPROVED AS TO ADMINISTRATION:
_________________________________
Andrew P. Powers, City Manager
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.
DPW: 830-40\jt\etm\H:\Council\2022\052422\ LLAD 79-2 Initiate Proceedings Resolution Item No.7H
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF THOUSAND OAKS CONFIRMING THE
PRELIMINARY ENGINEER’S REPORT FOR THE
ANNUAL LEVY OF ASSESSMENTS FOR
THOUSAND OAKS LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO. 79-2 (FISCAL YEAR
2022-23)
WHEREAS, the City Council has, by previous Resolutions, formed the Thousand Oaks Landscape and Lighting Assessment District No. 79-2 (hereinafter referred to as the “District”), and initiated proceedings for the levy of annual assessments for Fiscal Year 2022-23, pursuant to the provisions of the Landscaping and Lighting Act of 1972, part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”); and
WHEREAS, the City Council has retained Webb Municipal Finance, LLC (hereinafter “Assessment Engineer”), to prepare and file an Engineer’s Report (hereinafter referred to as the “Engineer’s Report”) with the City Clerk for the purposes of establishing ongoing annual assessments and formulating and establishing the annual assessments related thereto, in accordance with the Act and the provisions of the California Constitution, Article XIIID; and WHEREAS, there has now been presented to the City Council an Engineer’s Report; in connection with the levy of annual assessments, changes in District improvements and the proposed assessments related thereto commencing in Fiscal Year 2022-23; and
WHEREAS, the City Council has carefully examined and reviewed the Engineer’s Report as presented, and each of the items and documents as set forth therein, and is satisfied that the proposed assessments for the existing District Zones have been spread in accordance with the benefits received from the operation, maintenance and service of the improvements to be performed in connection thereto for Fiscal Year 2022-23.
NOW, THEREFORE, pursuant to Chapter 3, Section 22623 of the Act, and the California Constitution, Article XIIID, and City Council of the City of Thousand Oaks does hereby resolve as follows:
Section 1 The above recitals are true and correct.
ATTACHMENT #5
Item No.7H
Section 2 The Engineer’s Report as presented, consists of the following:
a. A description of the District and the improvements to be maintained.
b. The proposed assessment amounts for each of the existing District Zones.
Section 3 The Engineer’s Report is hereby approved and is hereby ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to the public inspection.
Section 4 That the City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the presentation of the Engineer’s Report.
PASSED AND ADOPTED this 24th day of May, 2022, by the following vote:
Ayes:
Noes:
Absent:
________________________________
Bob Engler, Mayor
City of Thousand Oaks, CA
ATTEST/CERTIFY:
_________________________________
Cynthia M. Rodriguez, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
_________________________________
Tracy Friedl, Assistant City Attorney
APPROVED AS TO ADMINISTRATION:
_________________________________
Andrew P. Powers, City Manager
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.
DPW: 830-40\jt\etm\H:\Council\2022\052422\ LLAD 79-2 Initiate Proceedings Resolution Item No.7H
Public Vorks Department City of
Thousand
v.2022
Oaks
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AGREEMENT FOR BILLING OF DIRECT ASSESSMENTS
ThisAgreement For Billing of DirectAssessments ('Agreement') is made and entered into between the Ventura Coun$ AuditOr-COntrOlleTgn6l cityof rhousand oaks ("Agency") to provide the service of placement of direct assessments on the Secured Tax Roll and distribution of collections to the Agency.
I. PROPERW TA)( SERVICES
Ventura County will place direct assessments on the Secured Tax Roll and distribute collections to the Agency at the same time and in the same manner as Ventura County property taxes are collected and distributed, and as authorized by law. The Agency will adhere to the policies and procedures estiablished by the Ventura County Auditor-Controller as outlined in the Direct Assessment Submission Letter.
II. FEES FOR SERVICES
For billing, collection, correction and administration of direct assessments, the Ventura County Auditor-Controller shall collect the following charges:
A. A Direct Assessment Line Fee for the original submission will be charged $0.t Z per assessment per parcel set by the County via resolution by the Board of Supervisors at its annual Countywide Rates and Fees public hearing.
B. For conection or removal of direct assessments requested by the Agency after extension of the tax roll, the Ventura County Auditor-Controller will collect $26.00 per correction or removal. All corrections and removals must be submitted by the third Friday in February.
C. An administration and collection fee shall be charged in an amount not to exceed one-fourth of 1 percent of amounts collected.
D. Collection fees and charges herein provided are subject to adjustment by the County via resolution of the Board of Supervisors at its annual Countywide Rates and Fees public hearing. The Ventura County Auditor-Controller reserves the Agreementfor billins of direct
f_r"XirftT;
ATTACHMENT #6
DPW: 830-40\jt\etm\H:\Council\2022\052422\ LLAD 79-2 Initiate Proceedings -Agreement for Billing of Direct Assessments Item No.7H
v.2022 Agreement for billing of direct assessments
Attachment B
right to increase or decrease any charges herein provided, in proportion to any changes in costs incurred by the Auditor-Controller in providing the services described herein, provided that written notice of any increase or decrease in charges is given to the Agency.
III. COLLECTION OF AUDITOR-CONTROLLER FEES
Direct Assessment billing, correction and removal charges are deducted once a year, in the April Secured Apportionment. Collection and administrative fees are deducted from each Apportionment distribution.
IV. REQUESTS FOR INFORMATION AND ACCOUNTING SERVICES
The Ventura County Auditor-Controller publishes a report of direct assessments levied for the tax year by parcel to the Auditor-Cont roller’s website in January, May and July.
Requests for information and accounting services beyond what is posted to the Website will be considered extended services and will be subject to additional charges and fees.
V. AUTHORITY FOR LEVY AND COMPLIANCE WITH LAW
The authority for any levy, (i.e. resolution, ordinance or election), shall accompany requests for the levy of direct assessments. The Agency warrants that the taxes, fees, or assessments imposed by the Agency and collected pursuant to this Agreement comply with all requirements of state law, including but not limited to Articles XIIIC and XIIID of the California Constitution (Proposition 218).
The Agency hereby releases a nd forever discharges Ventura County and its officials, officers, agents, repr esentatives a nd employees from any a nd all claims, demands, liabilities, costs and expenses, damages, causes of action, and judgments in any manner arising out of the Agency’s responsibilities and representations under this Agreement or other action taken by the Agency in establishing a special ta x, fee, or assessment and implementing collection of special taxes, fees, or assessments, as contemplated in and/or pursuant to this Agreement, including disputes related to lien priority.
The Agency further agrees to and shall defend, indemnify and hold harmless Ventura County and its officials, officers, agents, representatives and em ployees (“indemnified parties”) from any and all claims, demands, liabilities, costs and expenses, damages, causes of action and judgments in any manner arising ou t of any of the Agency’s responsibilities and representations under this Agreement, or other action taken by the Agency in establishing a special tax, fee, or assessment and implementing collection of special taxes, fees, or assessments as contemplated in and/or pursuant to this Agreement, including disputes related to lien priority.
DPW: 830-40\jt\etm\H:\Council\2022\052422\ LLAD 79-2 Initiate Proceedings -Agreement for Billing of Direct Assessments Item No.7H
v.2022 Agreement for billing of direct assessments
Attachment B
If any judgment is entered agains t any indemni
fied party as a result of action taken to
implement this Agreement, the Agency agrees that Ventura County may offset the amount of any judgment paid by any indemnified party from any monies collected by Ventura County on the Agency’s behalf, including property taxes, special taxes, fees, or assessments.
Ventura County may, but is not required to, notify the Agency of its intent to implement any offset authorized by this paragraph.
VI. TERMS OF AGREEMENT
Upon execution, this Agreement terminates, supersedes and replaces all prior agreements between Ventura County Auditor-Controller and the Agency pertaining to the collection of direct assessments. This Agreement shall continue from year to year and shall be subject to cancellation by either party by giving a thirty-day written notice of cancellation to the other party.
VII. AUTHORITY
The above terms are accepted by the Agency and the undersigned further certifies that he/she is authorized to sign this Agreement and bind the Agency to its terms.
Authorized Signature: ____________________________________ Date: ____________ Authorized Name: ____________________________________
(PRINT)
Title: ____________________________________
(PRINT TITLE)
___________________________________________________________________________________________ For Audi
tor-Controller Use Only
Approved Signature: __________________________________ Date: ___________
SECTION MANAGER
Approved Name: __________________________________
(PRINT)
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Nader Heydari
City Engineer
Item No.7H
TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:May 24, 2022
SUBJECT: Transit Fares and Operational Update
RECOMMENDATION:
1. Authorize staff to implement reduced fare program for all local Thousand Oaks Transit services effective July 1, 2022, through December 31, 2022.
2. Authorize City Manager or designee to extend reduced fares for up to an additional 6-months through June 30, 2023, should it align with current transit practices regionally.
3. Approve an adjustment to 31-day unlimited ride fare pass from $56.00 to $50.00 to align the pass price with similar passes offered by Ventura County Transportation Commission Intercity Bus and Gold Coast Transit District.
FINANCIAL IMPACT:
No Additional Funding Requested. Minimal staff time to prepare report included in the Adopted FY 2021-22 Transportation Budget. Loss of fare revenues due to recommended reductions offset by federal support for public transit through the Coronavirus Aid, Relief, and Economic Security Act (CARES) and American Rescue Plan Act (ARPA). Reduced fare program will have no farebox shortfall impacts for FY 2022-23 due to temporary moratorium on state required farebox requirements. Impacts of price reduction of 31-day pass are nominal, not expected to exceed $6,000 in FY 2022-23.
BACKGROUND:
The COVID-19 pandemic had an unprecedented impact on local and regional transit services. Demand for transit services remains at historically low levels.
Since the start of the pandemic, recovery of ridership on Thousand Oaks Transit (TOT) local bus services, while among the highest by percentage of the six bus service operators in the County, is still below levels not seen since the 1990s. Local Item No.7I
Transit Fares and Operational Update
May 24, 2022
2 5
9 Dial-a-Ride (DAR) services have been deeply impacted as well and ridership is still at 50 percent of pre-pandemic levels.
In response to the pandemic and local, state, and federal guidance for transit operators, TOT (like most transit agencies in the area) adopted many new “best practices” in 2020. One of these best practices included a policy of no fare collection as a means to reduce potential COVID-19 transmission to staff and to assist riders facing financial hardships.
The following is a summary of the various service and policy modifications and the related operational impacts:
1) Fares remain suspended, as they have been since March 2020. 2) Route 42 (Midtown B bus service to central Thousand Oaks) was suspended November 20, 2021, due to insufficient staffing and was restored on April 18, 2022. Weekend services were also suspended January - April 2022 due to staffing shortages (see #4 below) and at the time this report was prepared are expected to resume on or before May 21, 2022. The availability of DAR services was also curtailed, with less availability of rides and less flexibility in scheduling for riders. 3) In July 2021, MV Transportation, Inc. (MV) requested re-negotiation of contract service rates due to their total billable contract hours being below the minimum threshold included in their contract. After negotiations, an amendment was executed with a permanent 9.9 percent increase to all hourly billing rates. The amendment went into effect October 1, 2021, which allowed MV to increase hourly wages. An additional (but temporary) increase of between 7.5 to 10.5 percent was also approved and became effective January 1, 2022. The changes in rates will remain in place until hourly billing reaches contract prescribed minimum levels. 4) Prior to March 2020, MV’s total staffing level was 55; however, due to market conditions and labor shortages, MV was operating with less than 35 staff as of March 2022. With the increase in wage rates because of the approved amendment, MV is seeing an increase in interest and new staff are being hired to fill current vacancies. Efforts to reach full staffing are expected to continue for the balance of the current calendar year.
Item No.7I
Transit Fares and Operational Update
May 24, 2022
2 5
9 DISCUSSION/ANALYSIS:
Currently, TOT remains the only agency in the County not charging bus fares. All other area transit agencies (except for Kanan Shuttle, which has always been free) are either charging reduced or full fares. Thousand Oaks, cities of Westlake Village and Agoura Hills, and County of Ventura dial-a-ride (DAR) services operated by TOT remain the only DAR services still fare free. The two largest agencies, Ventura County Transportation Commission (VCTC) Intercity Bus and Gold Coast Transit District (GCTD), are charging reduced fares.
The reduction in revenue from reduced fares will not impact the City’s ability to pay for transit services or support contributions to street and road maintenance funding. The City has received in excess of $4,500,000 since the pandemic began in additional federal support that has been used to pay on-going transit operational and COVID-19 related costs.
Current Transportation Development Act (TDA) regulations defer minimum fare collection requirements through the end of FY 2022-23. The City currently sets its fares to meet these requirements to avoid backfilling shortages from the General Fund in accordance with City Council Transit Goal #7, approved in 2011. The continued deferment of fares to June 30, 2022, and reduced fares for a period not- to-exceed one year, will not have a negative impact to the General Fund, and are fully offset by additional funding already received.
VCTC has requested the City consider a reduction in the TOT current 31-day pass pricing to make the pass price consistent with VCTC and GCTD. This is part of an on-going effort by operators countywide to align fares and policies. As such, the pass would reduce in price from $56.00 to $50.00.
Program will continue with current free fare policy through June 30, 2022, which will allow for the orderly resumption of fare collections to include extensive public outreach. Effective July 1, 2022, fares will then be set at half the normal fare for all services (Attachment #1) consistent with the other transit operators in the County through December 31, 2022. Staff also recommends that the City Manager be authorized to determine if extension of the reduced fares through June 30, 2023 is warranted based on prevailing fare policies that exist at that time. Staff further recommends, for consistency with other area operators, that the TOT 31-day unlimited ride passes be reduced in price from $56.00 to $50.00.
Community Outreach: Changes in transit services are conveyed to ridership via website postings, press releases, social media, posters, posted flyers, and newspaper advertisements.
Item No.7I
Transit Fares and Operational Update
May 24, 2022
2 5
9 COUNCIL GOAL COMPLIANCE:
Meets the following City Council goal:
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
PREPARED BY: Mike Houser, Transit Program Manager
Attachment:
Attachment #1 – Fare Table
DPW: 940-10\mh\ev\\H:\Council\2022\052422\Transit Fare Update staff report.docx Item No.7I
Click or tap here to enter text.
ATTACHMENT #1
Fare Table
Adopted
Fares*
(1/6/19)
Proposed
Fares
(7/1/22)
Proposed
Fares
(1/1/23)
Regular $2.00 $ 1.00 $ 2.00
Senior/Disabled/Medicare $0.50 $ 0.25 $ 0.50
Transfer Free Free Free
Child 5 and under Free Free Free
College Student (with ID) ** Free Free Free
10 ride pass - Regular $16.00 $ 8.00 $16.00
10 ride pass - S/D/M $ 4.00 $ 2.00 $ 4.00
7-day pass - Regular $16.00 $ 8.00 $16.00
7-day pass - S/D/M $ 4.00 $ 2.00 $ 4.00
31-day pass - Regular $56.00 $25.00 $50.00
31-day pass - S/D/M $14.00 $ 7.00 $14.00
31-day pass - Student (1-12) $28.00 $14.00 $28.00
Dial-a-Ride $ 4.00 $ 2.00 $ 4.00
* Adopted fares are currently suspended
** Through VCTC College Ride Free Program
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TO:Andrew P. Powers, City Manager
FROM:Jonathan Serret, Cultural Affairs Director
DATE:May 24, 2022
SUBJECT: Bank of America Performing Arts Center Resident Companies Renewal
RECOMMENDATION:
1. Approve 5 Star Theatricals as a Resident Company of the Bank of America Performing Arts Center, for a term running from July 1, 2022 through June 30, 2025.
2. Approve New West Symphony as a Resident Company of the Bank of America Performing Arts Center, for a term running from July 1, 2022 through June 30, 2025.
3. Approve Pacific Festival Ballet as a Resident Company of the Bank of America Performing Arts Center, for a term running from July 1, 2022 through June 30, 2025.
FINANCIAL IMPACT:
No Additional Funding Requested. Resident Company user fee discounts of approximately $60,000 per year are included in the Adopted FY 2022-23 General Fund and Theatres Fund Budgets. Future user fee discounts for the remaining years will be requested during the upcoming FY 2023-24 and FY 2024-25 biennial budget process.
BACKGROUND:
During the 1990s, City Council designated three local performing arts companies as “Resident Companies” for the Thousand Oaks Civic Arts Plaza’s Bank of America Performing Arts Center (BAPAC). These organizations included Cabrillo Music Theatre (CMT), now known as 5 Star Theatricals (5 Star), the New West Symphony (NWS), and Pacific Festival Ballet (PFB). This distinction was intended to enhance the visibility of these performing arts organizations within the community and to strengthen their fundraising efforts by leveraging the Resident Company status.
Item No.7J
BAPAC Resident Companies Renewal
May 24, 2022
2 6
0 In December 2010, City Council adopted several recommendations included in the Cultural Arts Review Report, including a recommendation to formalize the process for designating Resident Companies. In June 2012, City Council approved a formal Resident Company policy (Attachment #1), which established guidelines, criteria, benefits, responsibilities, and application procedures. City Council also approved a renewal of Resident Company status for 5 Star, NWS, and PFB for a period running from July 1, 2012 through June 30, 2015. Each of these three organizations were subsequently approved for a renewal of the Resident Company distinction for three-year periods beginning July 1, 2015 and July 1, 2018. During the COVID-19 pandemic, the City Council granted a one-year extension to the Resident Companies through June 30, 2022.
To be considered for Resident Company status under the policy, a performing arts organization must be a Thousand Oaks-based nonprofit and must present a minimum of three, unique productions each performance season with a combined total of at least five performances. Additionally, each organization must be current on any financial obligations to the City due to any expenses associated with their production and presentation of performances.
Performing arts organizations that are granted Resident Company status receive several benefits, including: priority booking for the Fred Kavli Theatre and Janet & Ray Scherr Forum, a thirty-five percent discount off standard theatre rent fees, the waiver of performance holding deposits, and discounted office space in the Civic Arts Plaza (if available).
The Resident Company distinction is granted for a period of three years, after which time an organization must reapply to maintain its designation; the City reserves the right to limit the number of organizations receiving Resident Company status.
DISCUSSION/ANALYSIS:
The Cultural Affairs Department (CAD) accepts applications from interested arts organizations seeking Resident Company designation through October 1st of each year for the following fiscal year. Applicants must state how they meet the established criteria and present detailed plans for their programming and community outreach activities.
Prior to the October 1, 2021 deadline, CAD received application materials for the renewal of Resident Company status for 5 Star, NWS, and PFB.
The CAD Director reviewed each of the application packets to determine if the applicants meet the approved criteria for Resident Company designation.
Item No.7J
BAPAC Resident Companies Renewal
May 24, 2022
2 6
0 Following is a brief overview of each of the applicants:
A. 5 Star Theatricals – 5 Star has presented locally-produced, quality musical theatre in Southern California for nearly 35 years. The organization presents three productions each season in the Fred Kavli Theatre, which will consist of 27 public performances in FY 2022-23.
This season’s productions include Mamma Mia, Newsies and The Addams Family. 5 Star maintains a strong community outreach program that serves youth, seniors, and members of the military in the greater Conejo Valley.
B. New West Symphony – NWS was founded in 1995 and is composed from the pool of professional, Los Angeles-area musicians. In addition to BAPAC, NWS also performs at Rancho Campana High School in Camarillo and occasionally the Soraya Performing Arts Center in Northridge. NWS presents an annual Masterpiece Series of concerts, performing major symphonic works with internationally acclaimed artists as guest soloists. NWS considers the BAPAC to be its “home” venue and focuses much of its outreach and educational activities on the greater Conejo Valley.
C. Pacific Festival Ballet – PFB presents classical ballet performances at BAPAC, including original ballet premieres. The annual production of The Nutcracker and its spring storybook ballet are staples in the BAPAC calendar. Additionally, PFB presents an annual “young dancer” performance in the Scherr Forum. Each season, these three productions consist of seven public performances along with added educational school performances. Each performance provides local, company dancers an opportunity to perform with returning PFB alumni and world- renowned guest artists.
Apart from their independent programs, the three Resident Companies have collaborated to present unique joint-performances in the past. During the closures of the COVID-19 pandemic, 5 Star, PFB, and NWS worked with Thousand Oaks Alliance for the Arts (TOArts) to present outdoor events, while also presenting their own modified content, to engage with audiences. NWS and 5 Star have worked with the CAD team each summer by participating in the City’s annual Pop-Up Arts & Music Festival. Staff believe that each of the above applicants meets the Resident Company criteria and is deserving of a renewal of the City’s designation as a BAPAC Resident Company.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goal(s):
Item No.7J
BAPAC Resident Companies Renewal
May 24, 2022