Thousand Oaks City Council
May 24, 2022

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4 On February 22, 2022, City Council authorized the execution of a contract with RSG, Inc. (RSG) to provide consulting services related to the Hillcrest Affordable Housing Development Project. The contract was executed and City staff and RSG worked on preparation of a Request for Proposals (RFP) from developers for the project. On April 26, 2022, City Council provided further guidance regarding the RFP, and directed that it be flexible, indicated a preference to include for-sale units, and sought environmental considerations, including the installation of electric appliances.

DISCUSSION/ANALYSIS:

In response to the affordable housing crisis, the California Surplus Lands Act was amended to promote affordable housing development on unused or underutilized public land. The changes require City Council to declare property as “surplus land” or “exempt surplus land” before it may dispose of a property.

In the case of the Hillcrest site, City Council declared an intention to dispose of the property for the purpose of affordable housing, pursuant to an open competitive process. Disposition of the property pursuant to this process qualifies the property as “exempt surplus land.” The City must also send a written notice of availability for the purpose of developing low- and moderate-income housing to the following:

any local public entity, as defined in Section 50079 of the Health and Safety Code, within whose jurisdiction the surplus land is located; and housing sponsors, as defined by Section 50074 of the Health and Safety Code, that have notified the Department of Housing and Community Development of their interest in surplus land for the purpose of developing low- and moderate-income housing.

The City’s purchase of the Hillcrest site provides an opportunity to collaborate with an affordable housing developer to construct much needed workforce/affordable housing in the community and will fulfill a top City Council Goal and Top Priority in FY 2021-22.

Adoption of the resolution (Attachment #1) is required to declare the Hillcrest site as “exempt surplus property” and move the Hillcrest Affordable Housing Development Project to the next phase, which is the preparation and issuance of a RFP.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

Item No.7L
Exempt Surplus Land Pursuant to the Surplus Lands Act
May 24, 2022

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4 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.

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.

PREPARED BY: Gary Rogers, Deputy City Manager
Attachments:

Attachment #1 – Resolution
CMO:430-10\H:Common\City Council\Council Items\2022 Staff Reports\05242022\Resolution Declaring the Property at 384 N. Erbes Road as Exempt Surplus Land Pursuant to the Surplus Lands Act
Item No.7L
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS DECLARING THE
PROPERTY LOCATED AT 384 NORTH ERBES
ROAD (APN 670-0250-210, and APN 670-0250-290)

AS EXEMPT SURPLUS LAND PURSUANT TO THE

SURPLUS LAND ACT
WHEREAS, the City of Thousand Oaks acquired the property at 384 N.

Erbes Road (APN 670-0250-210, and APN 670-0250-290) (“The Site”) for purposes of making The Site available for the development of affordable housing; and
WHEREAS, the City of Thousand Oaks intends to solicit proposals from affordable housing entities interested in developing affordable housing on The Site; and
WHEREAS, the Surplus Land Act (California Government Code Section 54220 et seq.) is intended to make a local agency’s surplus land available to other public entities or affordable housing sponsors for the creation of affordable housing; and
WHEREAS, the Surplus Land Act requires the City to declare property as “surplus land” or “exempt surplus land” before the City may dispose of the property to a potential affordable housing entity; and
WHEREAS, California Government Code Sections 54221(f)(1) identifies categories of property that constitute “exempt surplus land,” which need not be made available to other public entities and affordable housing sponsors prior to disposition; and
WHEREAS, California Government Code Sections 54221(f)(1)(F) provides that property transferred for affordable housing (as specified) pursuant to an open, competitive process is “exempt surplus land” under the Surplus Land Act; and WHEREAS, on April 26, 2022, the City Council directed The Site be offered to affordable housing entities (including those entities identified in subdivision (a) of California Government Code Section 54222) through an open, competitive process which specifically solicits proposals that comply with the affordability requirements of California Government Code Sections 54221(f)(1)(F); ATTACHMENT #1
Item No.7L

WHEREAS, the disposition of the Site in compliance with California Government Code Section 54221(f)(1)(F) constitutes the disposal of exempt surplus land and, pursuant to California Government Code Section 54222.3, is not subject to the provisions of the Surplus Land Act.

NOW, THEREFORE, the City Council of the City of Thousand Oaks does resolve as follows:

Section 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. The City Council of the City of Thousand Oaks hereby declares that the Site is exempt surplus land, contingent upon the Site being transferred to an affordable housing entity in compliance with all the applicable requirements of California Government Code Sections 54221(f)(1)(F).

PASSED AND ADOPTED THIS 24 th day of May, 2022, by the following vote:

Ayes:

Noes:

Absent:
________________________________
Bob Engler, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
____________________________________
Cynthia M. Rodriguez, City Clerk
Date Attested:_____________________
APPROVED AS TO FORM:

Office of the City Attorney
___________________________________
Tracy M. Noonan, City Attorney
Item No.7L

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.

CMO:430-10\H:Common\City Council\Council Items\2022 Staff Reports\05242022\Resolution Declaring the Property at 384 N. Erbes Road as Exempt Surplus Land Pursuant to the Surplus Lands Act Item No.7L
TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:May 24, 2022
SUBJECT: Wireless Telecommunications Consultant Services RECOMMENDATION:

1. Approve agreement with Telecom Law Firm, P.C. of Los Angeles, California, for wireless telecommunications consultant services for $85,000 for a one-year term, from July 1, 2022, to June 30, 2023, with an option to extend for a maximum of two additional one-year terms for a total not-to-exceed amount of $255,000.

2. Approve budget appropriation in the amount of $85,000 from A/C #001-4210- 447-4000 (Charges for Services – Planning Fees/Permit) to A/C #001-4210- 641-5947 (Contracted Services, Billable Time) for FY 2022-23.

3. Authorize expenditure in the amount of $85,000 from A/C #001-4210-641-5947 (Contracted Services, Billable Time).

4. Authorize staff to waive the formal Request for Proposal/Qualifications (RFP/Q) process in accordance with Thousand Oaks Municipal Code (TOMC) Section 3-10.501.

FINANCIAL IMPACT:
$85,000 Budget Increase to FY 2022-23 General Fund Budget, Fully Offset by Applicant Reimbursement. The subject appropriation is a passthrough amount that will be reimbursed by applicants via a deposit received at the time of application submittal. Other costs are limited to staff time to prepare and process the agreement and report which are included in the Adopted FY 2022-23 General Fund Budget. Budget for future years of the agreement if extended will be included during the upcoming biennial budget process.

Item No.7M
Wireless Telecommunications Consultant Services
May 24, 2022

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8 BACKGROUND:

The City has utilized the services of Telecom Law Firm, P.C. (Telecom Law) to review and advise staff on wireless facility proposals for consistency with applicable federal telecommunications law and assist staff on other wireless communications matters for a number of years. Telecom Law has worked on behalf of the City to ensure that applications from the wireless industry comply with all federal and state standards for these facilities and to provide the City with detailed technical evaluations of radio frequency propagation and signal emissions reports required for most site applications.

The most recent agreement with Telecom Law was a one-year agreement approved on July 1, 2019, and was extended two (2) times, for a period of one (1) year each, resulting in an expiration date of June 30, 2022. Extensions of time were memorialized by execution of two (2) separate written amendments.

Most of the work involved independent review of materials from wireless facility applicants, for which the City’s cost was fully reimbursed by the applicants. The recommended extended agreement had an annual not-to-exceed amount of $85,000.

DISCUSSION/ANALYSIS:

The principal for Telecom Law, Dr. Jonathan Kramer, has served as a technology contractor for the City since 1987. His firm has provided the City with engineering analysis for hundreds of wireless communications, broadcast, and paging transmitter projects, as well as assisted the City in wireless policy analysis. The firm has also provided legal representation of the City’s interest in legal proceedings involving the Federal Communications Commission (FCC) and numerous wireless communication providers. In addition, the firm provides support to staff during Planning Commission and City Council hearings for entitlement applications and appeals related to proposed wireless sites. Dr.

Kramer is a recognized national expert in the field of wireless communications.

The City’s review of wireless communication proposals requires specialized expertise in complex federal law, which is the justification for using a consultant’s services to support staff review of new applications. Since Dr. Kramer is a recognized leader in this industry and has a very long-standing relationship with the City which provides him with particular insight, staff requests authorization to waive City policy with respect to a Request for Proposal and approve a contract with Telecom Law.

Item No.7M
Wireless Telecommunications Consultant Services
May 24, 2022

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8 Telecom Law has consistently provided valuable service to staff, Planning Commission, and City Council, including guidance on the City’s wireless policies and expert review of Radio Frequency (RF) emissions for wireless applications.

Telecom Law has also represented the City’s interest by either prosecuting on behalf of, or defending City’s interest against, multiple efforts by wireless companies to erode local agency authority on wireless communication facility project review. Further, there is a continued need for Telecom Law’s expertise based on new legislation and new technologies for telecommunication items. Due to their knowledge and expertise, Telecom Law provides similar services to many jurisdictions in the region.

The proposed agreement is for an initial one-year term with options for two, one- year extensions (Attachment #1). The scope of the new agreement is primarily the same as the prior agreement. This includes services such as, but not limited to, timely review of wireless applications, attendance at public meetings, and general consultation with City staff. The total three-year agreement has a not-to-exceed amount of $255,000. Most consultant costs are reimbursed by applicants as a pass-through cost when wireless facility projects are reviewed by City.

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: Marjan Behzadi, CDD Operations Manager
Attachment:

Attachment #1 – Wireless Agreement with Telecom Law
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Item No.7M
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ATTACHMENT #1
Project Name: Wireless Telecommunications Consultant Services

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
TELECOM LAW FIRM, P.C.

THIS AGREEMENT is made and entered into this 1st day of July 2022, by and between the CITY OF THOUSAND OAKS, a municipal corporation (herein referred to as "City"), and TELECOM LAW FIRM, P.C., (herein referred to as "Consultant").

City and Consultant agree as follows:

1. RETENTION AS CONSULTANT
City hereby retains Consultant, and Consultant hereby accepts such engagement, to perform the services described in Exhibit A. Consultant warrants it has the qualifications, experience, and facilities to properly and timely perform said services.

2. DESCRIPTION OF SERVICES
The services to be performed by Consultant are as follows:

Professional Wireless Telecommunications consultant to provide professional services in conjunction with the review of wireless communications facilities applications, consult with the case planner, attend public hearings as needed, make presentations at public hearings, as more particularly set forth in the Scope of Work attached to this Agreement as Exhibit “A.”

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 $255,000 (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 marked Exhibit "B," attached and incorporated herein. In no event shall compensation exceed more than $85,000 per year unless authorized by the City in writing, and Consultant shall have no duty to perform any work that would exceed $85,000 per year unless so authorized by City. The rates and expenses set forth in that exhibit shall be binding upon Consultant until June 30, 2023, provided not to exceed amount is the total compensation due Consultant for all work described under this Agreement for the total term, including any approved extensions as permitted in Section 5.

Item No.7M
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(b)Payment. Consultant shall provide City with written verification of the actual compensation earned, which written verification shall be in a form satisfactory to City's Project Manager. Invoices shall be made no more frequently than on a twice-monthly basis, and describe the work performed (including a list of hours worked by personnel classification except for flat-fee projects). All payments shall be made within 30 days after City’s approval of the invoice. City’s timely payment of Consultant fees are not contingent on the City receiving any deposit or reimbursement from any third party. (c)Extra Services. Additional work not reasonably encompassed by the Scope of Services described in Exhibit A 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 coordinated with, City's "Project Manager", as that staff person is designated by City from time to time, and who presently is Marjan Behzadi, Operations Manager, Community Development Department.

5. TERM, PROGRESS AND COMPLETION
The term of this Agreement is from July 1, 2022, to June 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 two (2) separate times, for a period of 1 year each.

Extensions of time shall be memorialized by execution of a written amendment and subject to acceptance by Consultant.

Consultant shall not commence work on the services to be performed until (i) Consultant furnishes proof of insurance as required by paragraph 10 below, and (ii) City gives written authorization to proceed with the work provided by City's Project Manager.

All services shall be completed according to the time frames listed in Exhibit “A.”

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 and specifications for purposes other than those described in this Agreement, unless written authorization of Consultant is first obtained.

Item No.7M
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7. PERSONAL SERVICES/NO ASSIGNMENTS/SUBCONTRACTS
This Agreement is for professional services, which are personal to City. Dr.

Jonathan Kramer and Mr. Robert May III of Telecom Law Firm are deemed to be especially experienced and key members of Telecom Law Firm, and shall be directly involved in performing, supervising, assisting, or reviewing the performance of this work and the work product tendered to the City. The key persons shall communicate with, and periodically report to, City on the progress of the work. Should said individuals be removed from assisting in this contracted work for any reason other than temporary illness or vacation, City may terminate this Agreement.

8. HOLD HARMLESS AND INDEMNITY
(a)Hold Harmless for Consultant's Damages. Consultant holds City, its elected officials, officers, agents, and employees, 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 required under this Agreement, or occur while Consultant is on City property, or which are connected, directly or indirectly, with Consultant's negligent 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, 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 negligence of City, provided such negligence is determined by Item No.7M
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agreement between the parties or by findings of a court of competent jurisdiction including through mediation or arbitration. In instances where City is shown to have been negligent and where City’s 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 negligence of City or any third party. (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 10.

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 the 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)Workers’ 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 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 Item No.7M
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$1,000,000 per occurrence or claim, $2,000,000 aggregate, with tail coverage for an extended reporting period of one (1) year.

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 officers, officials, 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 the 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 the 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.

Item No.7M
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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 written notice of such change and Consultant’s acceptance 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 officers, officials, 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 the City).

Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its officers, officials, 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:

Item No.7M
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(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, 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 inconsistent with the terms here. 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. The City acknowledges that as of the inception date of this Agreement the City is in possession of and has approved certificates evidencing all required coverages and terms set out in this Agreement.

As of the Effective Date of this Agreement the City confirms that all of Consultant’s insurances are approved and on file with the City.

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
The relationship of the parties to this Agreement shall be that of independent contractors and that in no event shall Consultant be considered an officer, agent, servant or employee of City. Consultant shall be solely responsible for any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the described work.

11. CORRECTIONS
Item No.7M
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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, CONSULTANT
City may, upon 10 calendar days’ written notice, terminate without cause any portion or all of the services agreed to be performed under this Agreement. 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 calendar 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.

Consultant may, upon 30 calendar days’ written notice, terminate without cause any portion or all of the services agreed to be performed under this Agreement. If termination is for cause, 10 calendar days 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 calendar days following submission of a final statement by Consultant.

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 for hourly work, employment records, work progress reports, reimbursements, invoices, project records, proprietary data and information, as well as licensed software and any electronic records shall be Item No.7M
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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 or transcribe any of the records pertaining to this Agreement during normal business hours at a mutually agreed-to reasonable date and time. Consultant shall reimburse City for all reasonable costs of the audit, including travel time and auditor costs, should such audit reveal a proven overcharge of five (5) percent or more. Any intentional 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 certifies that no City employee or official has now or in the past had 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.

Item No.7M
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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 (Rev. 12-87 or more recent), as 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 services beyond the current fiscal year, City must immediately notify Consultant to stop work and 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 by the City Manager, or his designee, and Consultant.

23. USE OF THE TERM “CITY”
Reference to “City” in this Agreement includes 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.

26. AUTHORIZATION
Each party has expressly authorized the execution of this Agreement on its behalf and bind 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.

Item No.7M
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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 Certified mail return receipt requested, postage prepaid, and only then upon actual receipt or refusal, and addressed as follows:

TO CITY: Attention: Marjan Behzadi
Community Development Department
City of Thousand Oaks
2100 Thousand Oaks Boulevard
Thousand Oaks, CA 91362
TO CONSULTANT: Telecom Law Firm, P.C.

Attention: CLIENT LEGAL NOTICES
3570 Camino del Rio N. Suite 102
San Diego, CA 92108
Either party may change its notice address by giving the other party 30 days written notice of such new notice address.

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. (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 Item No.7M
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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
_____
Dr. Jonathan L. Kramer
President and Secretary

CITY OF THOUSAND OAKS
_________________________________
Robert Engler, Mayor
ATTEST:
_________________________________
Cynthia M. Rodriguez, City Clerk
APPROVED BY DEPARTMENT HEAD:

Kelvin Parker
Community Development Director
APPROVED AS TO ADMINISTRATION:
_________________________________
Andrew P. Powers, City Manager
APPROVED AS TO FORM:

Office of the City Attorney

Patrick J. Hehir, Chief Assistant City Attorney
Item No.7M
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EXHIBIT A

SCOPE OF SERVICES
Under the direction of the Planning Manager, Consultant shall provide technical and regulatory advice to City concerning applications for telecommunications facilities as follows:

A.Wireless Siting Application Reviews:

1. Application Reviews: At the City’s request and within Consultant’s expertise as a wireless site application reviewer, Consultant will review wireless siting applications and provide the City with a written analysis as described below.

2.Memorandum/Memoranda Content:
a.Incomplete Memorandum. Upon receipt of an application by the Consultant directly from the City, Consultant will evaluate and identify whether any items that are required in the City’s wireless application are not completed by the applicant. If there are incomplete items, the Consultant will send the City an “Incomplete Memorandum” by email or an attachment to an email within:
i. nine (9) calendar days for an initial review of a wireless application that is submitted by the applicant as a small wireless facility; or ii. twenty-one (21) calendar days for an initial review of a wireless application that are submitted by the applicant in a category that is not a small wireless facilities; or
iii. nine (9) calendar days for a resubmittal review of a wireless application that was deemed incomplete.
b.Project Memorandum:

Once an application is determined by the City or deemed by law to be complete, Consultant will:
i. identify the regulatory classification under which the project should be processed (i.e., Section 6409(a); Small Wireless Facility; major modification; new site; etc.); and
ii. discuss design matters, if any, that may reduce the impact of the proposed site configuration;
iii. evaluate time, place, and manner considerations for wireless sites located in the Public Right of Way;
Item No.7M
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v. assess the planned compliance with federal radio frequency exposure guidelines established by the Federal Communications Commission, and;
vi. determine any other wireless site-related issues that Consultant, in its experience and opinion, believes to be relevant or helpful to the City’s review of the wireless application.

3.Memorandum Revision: At City’s option, without an additional fee, Consultant shall prepare one revision or follow-up to the Incomplete or Project Memorandum. All additional revisions or follow-ups are charged on an hourly basis.

4.Consultation Time:
i. Consultant will provide consultation by telephone and/or through e- mail with the City per project at no additional cost for the flat fee portion of any project.
ii. For any project where hourly charges apply (i.e., after the flat fee portion of a project), hourly fees for consultations via telephone and/or email will apply.
iii. It is understood by the parties that every wireless project is unique as to location and design, and some projects may not proceed all the way to an approval or denial, or the project at a given location may be moved by an applicant to a different location necessitating an entirely new project review under a separate fee.

B.Attendance at Meetings: As requested by City, Consultant will attend in-person meetings subject to Consultant’s availability. Meeting attendance includes travel time from Consultant’s office to and from the City. Meeting attendance is billed at the hourly rates in this Agreement.

C.General Consultation: At the City’s request, Consultant will engage with the City in regards to any non-privileged communications within the competence of Consultant as determined by Consultant in any form on a time available basis of Consultant, and invoiced on an hourly basis (including travel time from Consultant’s office to and from the City if necessary). [END OF EXHIBIT A]
Item No.7M
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EXHIBIT B

CONSULTANT'S SCHEDULE OF FEES
The Consultant consults with and is responsible to the City. The City is responsible for payment of Consultant invoices. Payment of Consultant’s invoices is not contingent upon the City receiving any deposit or reimbursement from any party.

1.Flat Fees: Consultant shall perform all flat-rate services described in Exhibit A, Section A, Subsection 1 through 3 and 4(i) for a fixed fee of $2,450.00 per project. Project hours are not reported by Consultant for flat fee portion of flat fee projects.

Due to FCC shot clock time limitations, all projects must be submitted to Consultant by the City in searchable PDF documents within one calendar day of receipt by the City from the Applicant. Accordingly, Consultant urges City to enforce a wireless application requirement that obligates the applicant to tender the entire wireless application, including all exhibits and attachments, in searchable PDF format, as well as in paper form.

Flat fee projects are billed to the City as a single unit on the first project invoice, which is issued upon submission of Consultant’s first substantive project memorandum (that can include a memo regarding an incomplete application, a project review memo, or another substantive project-related memo).

The flat fee (and any subsequent hourly fees) are fully earned by and payable to Consultant once the Consultant has provided its first substantive memorandum to the City, even when the project is subsequently cancelled, abandoned, transferred to a different location. In the event that a project is tendered to the Consultant by the City but terminated for any reason prior to issuance of Consultant’s first memorandum, City shall pay Consultant on the hourly basis set out in this Agreement for all time spent by Consultant on the project prior to Consultant’s receipt of City’s notice of termination.

2.Hourly Fees: Consultant shall perform all services described in Exhibit A, Section B and C and all other extra services not described in the Scope of Work but mutually agreed upon by City and Consultant, on an hourly fee basis as follows:

Personnel Rate
Per Partner or Senior Project Manager $ 330
Per Associate/Of Counsel or Project Manager $ 280
Per Paralegal or Senior Project Assistant $ 210
Per Assistant or Project Assistant $ 130
All time is billed in 0.1-hour (6 minute) units rounded up to the next 0.1 hour unit.

Item No.7M
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3. Annual Fee Adjustments. The Flat Rate and Hourly Fees set out in this Agreement shall automatically increase by three percent (3%) on each anniversary of this Agreement.

4. Expenses: City will reimburse the Consultant for all ordinary costs and expenses reasonably incurred by Consultant in performance of the services provided by Consultant to City pursuant to this Agreement.

5. The City’s designated point of contact for billing queries is:

Marjan Behzadi, Operations Manager [email protected]______________ Name and Title Email Address
(805) 449-2328__________________
Telephone Number
The Consultant’s designated point of contact for billing queries is:
______________________________ ___________________________ Name and Title Email Address
______________________________
Telephone Number
Either party may change its designated point of contact for billing queries at any time upon ten (10) business days’ written notice to the other.

[End of Exhibit B]
Val Halvorsen, Business Manager [email protected] (310) 312-9900 ext. 135
Item No.7M
TO:Andrew P. Powers, City Manager
FROM:Jaime Boscarino, Finance Director
DATE:May 24, 2022
SUBJECT: Building Automation Services at the Civic Arts Plaza RECOMMENDATION:

1. Approve single source designation of Signet Controls, Inc. (Signet) for building automation system (BAS) services pursuant to Thousand Oaks Municipal Code Section 3-10.202.

2. Award agreement for professional services to Signet, of Moorpark, CA, for Alerton BAS services at the Civic Arts Plaza (CAP) effective May 24, 2022, and ending May 31, 2025, with two one-year options to extend the agreement. The not- to-exceed amount is $375,000 over the lifetime of the contract, which includes $275,000 for base contract services and $100,000 for extra services.

3. Authorize expenditure in the total amount of $101,878 from the following General Fund accounts: $26,751 from A/C #001-3570-612-5621, $71,783 from A/C #001-3577-677-5621, and $3,344 from A/C #001-3580-612-5621 for remaining FY 2021-22 and FY 2022-23 budget cycles.

4. Approve budget appropriation and authorize expenditure in the amount of $36,000 in FY 2021-22 and $23,000 in FY 2022-23 from A/C #001-0000-311-1000 (General Fund - Fund Balance) to A/C #001-3577-677-5621 (Contracted Services – HVAC).

FINANCIAL IMPACT:
$36,000 Increase to Adopted FY 2021-22 and $23,000 Increase to Adopted 2022-23 General Fund Budgets. $36,000 increase to the Adopted FY 2021-22 General Fund Budget and $23,000 increase to the Adopted FY 2022-23 General Fund Budget is requested in order to supplement available budget for BAS services and unanticipated Theatre Ventilation Assessment costs. The remaining funds for the agreement term will be requested during the next biennial budget process.

Item No.7N
Building Automation Services at the Civic Arts Plaza
May 24, 2022

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9 BACKGROUND:

The mechanical (heating/ventilating/air-conditioning) systems at CAP were upgraded in FY 2019-2020 and the BAS software was replaced during the upgrade. The BAS automates the scheduling for all the mechanical system equipment (chillers, boilers, fans, pumps, etc.) as well as some of the lighting at CAP. This type of software has custom programming and must be maintained by technicians certified and trained for that particular software.

With the mechanical upgrade project, the BAS software was changed from a Siemen’s proprietary software platform to Compass by Alerton. This software was proposed by the low bidding contractor who was awarded the contract for the upgrade and was approved by the mechanical engineers who designed the upgrade. Signet was the installer/programmer who worked as a subcontractor during construction.

Signet worked on the BAS during the warranty period of 12 months after construction and has continued to work on the system under an on-call agreement.

Much like other BAS software at other City-owned buildings, to better maintain the system, an agreement for regular preventative maintenance is needed.

DISCUSSION/ANALYSIS:

The Alerton software must be serviced by certified dealers and there are only two dealers within 185 miles of Thousand Oaks: Signet Controls (Moorpark) and Climatec (Anaheim). Facilities staff contacted both Signet and Climatec to provide proposals. Climatec declined to propose and suggested that staff work with Signet, our local vendor who represents Alerton and has certified technicians on staff.

Signet was the subcontractor who installed the controllers and programmed the system at CAP during the mechanical upgrade project. They have the expertise and staff to provide the necessary services for on-going maintenance. For these reasons, staff recommends (1) designating Signet as a single source for servicing the Alerton software; and (2) entering into an agreement (Attachment #1) with Signet to provide regular preventative maintenance services, repairs, and special services as needed.

The current budget was established based on an existing contract with another vendor for services on the previous BAS software. Additional budget is required to cover costs for services for the Alerton software and the work required for the Theatre Ventilation Assessment (~$35,000 in FY 2021-22) which was not anticipated during budget development, and the on-going monthly maintenance in Item No.7N
Building Automation Services at the Civic Arts Plaza
May 24, 2022

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9 FY 2022-23.

Approval of this agreement with Signet will provide on-going maintenance of the BAS software and reduce the possibility of down-time associated with BAS software issues. It is essential that the mechanical systems are functioning at all times to ensure indoor air quality standards are met, and the operations at CAP (City Hall and theatre performances and events) are not impacted by systems failures due to inadequate maintenance of the system. In addition, the agreement includes certain repairs and modifications to the scheduling, controls and operations that were recommended in the recent Ventilation Assessment for the Kavli and Scherr Forum Theatres.

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.

PREPARED BY: Elizabeth Perez, Facilities Manager
Attachment:

Attachment #1 – Agreement with Signet Controls, Inc.

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Project Name: Alerton Building Automation Services at the Civic Arts Plaza

AGREEMENT FOR GENERAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
SIGNET CONTROLS, INC.

THIS AGREEMENT made and entered into this 24th day of May 2022, by and between the CITY OF THOUSAND OAKS, a municipal corporation (hereinafter referred to as "City"), and Signet Controls, Inc., (hereinafter referred to as "Service Provider"). The City and Service Provider agree as follows:

1. RETENTION OF SERVICE PROVIDER
City hereby retains Service Provider, and Service Provider hereby accepts such engagement, to perform the services described in Section 2. Service Provider warrants it has the qualifications, experience, and facilities to properly and timely perform said services.

2. DESCRIPTION OF SERVICES
The general services to be performed by Service Provider are as follows and are more particularly described in the Scope of Work, attached as Exhibit “A” and incorporated herein:
service and maintenance of the Alerton, Building Automation software at the Civic Arts Plaza as well as repairs to the Kavli and Scherr Forum Theatre ventilation systems. Service Provider warrants it has the qualifications, experience and facilities to properly and timely perform said services.

3. COMPENSATION AND PAYMENT
(a) Maximum. The total compensation earned by or payable to Service Provider, by City, for any and all services under this Agreement shall not exceed $375,000 (herein "not to exceed amount”).
(b) Rates. Service Provider shall be paid a fixed sum for preventative maintenance work performed under this Agreement, according to the Service Provider’s Schedule of Fees, or paid hourly, at the hourly rates and with reimbursement for those expenses set forth in Exhibit “B.” The rates and expenses set forth in that exhibit shall be binding upon Service Provider until June 30, 2023, 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 Service Provider for all work described under this Agreement.
(c) Payment. All payments shall be made within 30 days after receipt of written verification from Service Provider of the actual compensation earned, in a form satisfactory to City's Project Manager.

ATTACHMENT #1
Item No.7N
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(d) 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 Service Provider shall be accomplished under the general direction of, and in coordination with, City's "Project Manager", as that staff person is designated by City from time to time, and who presently is, Elizabeth Perez, Facilities Manager.

5. TERMS OF PERFORMANCE
Non-Exclusivity. This Agreement is non-exclusive. City reserves the rights to retain, employ, or contract with other qualified services providers during the term of this Agreement on such occasions and in such circumstances as City shall determine are appropriate.

Ability to Perform. Service Provider warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations.

Laws to be Observed. Service Provider shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws as well as with Ventura County and City of Thousand Oaks ordinances, regulations and adopted codes during its performance of the work.

Payment of Taxes. The contract prices shall include provision for all taxes that Service Provider is required to pay. Service Provider is responsible for all taxes required to be paid under this Agreement.

Permits and Licenses. Service Provider shall procure all permits and licenses, pay all charges and fees, and give all necessary or legally required notices.

Prevailing Wage. Service Provider may be obligated to pay prevailing wages under the California Labor Code. Service Provider agrees to indemnify, defend and hold City harmless from any claim that prevailing wages should have been paid, and shall be liable for the payment of the same and any penalties thereon. It is the responsibility of Service Provider to be familiar with the California Labor Code, and failure or neglect of Service Provider to understand the California Labor Code shall in no way relieve Service Provider from any obligations.

Department of Industrial Relations Requirements. The Work may be subject to the payment of not less than prevailing wages under California Labor Code Section 1770 et seq. The work is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered with the Department of Industrial Relations pursuant to Labor Item No.7N
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Code section 1725.5. Service Provider’s DIR registration number is 1000013700. Service Provider’s CA state contractor’s license number is 912113.

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 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 Item No.7N
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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
This Agreement shall expire on May 31, 2025, 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.

The City Manager or his or her designee shall have the authority to extend the term of the Agreement for a maximum number of two (2), one-year terms, provided that the Not-to- Exceed amount is the total compensation available under this Agreement without formal amendment approved by City Council. Time extensions shall be memorialized by execution of a written amendment.

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 the 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 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 Item No.7N
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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.
(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 than $1,000,000 combined single limit for each accident.

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(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 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 Item No.7N
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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).

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:

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(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.

10. RELATION OF THE PARTIES
(a)Service Provider 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 Service Provider 's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Service Provider or any of Service Provider 's officers, employees, or agents except as set forth in this Agreement. Service Provider 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. Service Provider 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 Service Provider in connection with the performance of this Agreement. Except for the fees paid to Service Provider as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Service Provider for performing services hereunder for City. City shall not be liable for compensation or indemnification to Service Provider for injury or sickness arising out of performing services hereunder.

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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 ten (10) 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 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 of time, 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 Item No.7N
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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 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
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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. 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: Elizabeth Perez, Facilities Manager
City of Thousand Oaks
Finance Dept/Facilities Div.
2100 E. Thousand Oaks Blvd.

Thousand Oaks, CA 91362
TO SERVICE PROVIDER: Navin Kashyap, President
Signet Controls, Inc.
15350 Mallory Court
Mo Moorpark, CA 93021

24. 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.

Item No.7N
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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 written above.

SIGNET CONTROLS, INC.
________________________________
By: Navin Kashyap
Title: President
ATTEST: CITY OF THOUSAND OAKS
________________________________ ________________________________ Cynthia M. Rodriguez, City Clerk Bob Engler, Mayor APPROVED AS TO ADMINISTRATION:
________________________________
Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD: APPROVED AS TO FORM:

Office of the City Attorney
________________________________ ________________________________ Jaime Boscarino, Finance Director Tracy Friedl, Assistant City Attorney Item No.7N
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EXHIBIT A

BASIS FOR SCOPE OF WORK
The Scope of Work is based on the following facts regarding the existing Alerton, Building Automation System (BAS) located at the Civic Arts Plaza (CAP) which all work relates to:

1. The system has approximately 230 connected network devices.

2. The installation is on the City’s Wide Area Network (WAN) which enables the City staff to access the BAS software and graphics from any building and any workstation on the City WAN.

3. The system is integrated to existing third-party equipment such as chillers, boilers, VFD’s, and VRF systems.

4. The system is configured to export data to Skyspark (energy management) software.

5. City staff are already trained as Alerton software operations users.

6. Service Provider’s staff are trained and has authorized staff to support Alerton and the City’s system.

7. Service Provider is authorized to procure system related products such as sensors, controllers and licenses and provide factory authorized warranty coverage and support services.

8. Work shall be performed during normal working hours, Monday – Friday, 7:00 AM to 4:00 PM.

9. BAS Covered Equipment
The BAS equipment to be serviced under this agreement includes but is not limited to the following:
BAS Workstations & Servers (including Database and Software). BAS Network (Main) Controllers (including Program Operation & Software) BAS Field Application Specific Controllers and/or Advanced Application Controllers (including Program operation and Software) BAS Associated Peripherals (Sensors, Relays, Etc.)
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SCOPE OF WORK

1. Provide two (2) 8-hour monthly site visits to be scheduled with City Project Manager.

Visits will include pro-active hands-on services as needed or requested in addition to remote service designed to improve equipment operations, increase energy efficiency, minimize breakdowns and prolong equipment life through the software maintenance.

Service Provider shall provide services including, but not limited to, the following tasks:
a. Verify electrical connections in the panels are secure and not loose. b. Verify that all controllers are on-line, their programs are intact and are running properly.
c. Check for disabled/non-responding points and programs and identify the reason for being disabled or non-responsive.
d. Maintain the system graphical displays, make sure animation links are intact and make display changes per the direction of City staff.
e. Perform software maintenance which includes quarterly back up of workstation software, graphics and databases (on-site and remote). Back-ups will be stored on-site and off-site to mitigate any losses.
f. Check for and remove conditions or programming that reduce system optimization. All changes to be approved by City staff. g. Review Historical Logs to determine control effectiveness and efficiency. h. Verify field sensors (Temperature, Humidity, Pressure, Flow, Etc.) and calibration based on spot checks.
i. Perform hardware communication tests to determine functional verification of proper and consistent digital communication.
j. Evaluate program control loops. Implement modifications to eliminate overshooting and oscillatory behavior, optimize and enhance system performance to lower energy consumption and increase occupant comfort. k. Designate one hour per site visit for training/coaching and questions which will enable City operators to identify and resolve problems more efficiently. l. Provide recommendations to City regarding replacement of failed, worn or weak components and materials, to maintain peak operating condition of the building automation systems. Service Provider shall also apprise City of any control system hardware or software suspected of being faulty to prevent any anticipated failure or disruption to the system operation.
m. Address issues and problems discovered between visits that have been recorded in an on-site trouble log or as directed by City staff during visit. n. Verify and install any available software system upgrades as released by the manufacturer.
o. Verify proper operation of dampers. valves, exhaust fans, and equipment (fans, pumps, VFDs etc.).

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p. Verify economizers are not jammed or stuck.

2. Kavli and Scherr Forum Theatre Ventilation Assessment Repairs a. Test and verify economizer damper actuator operation for air-handler unit 4. b. Replace return air CO2 sensor for air-handler unit 13. Test and verify CO2 sensor operation.
c. Complete programming updates for building flushing sequence and fan coil unit operation including updating Alerton Compass operator workstation graphics, and the addition of operator over-ride schedules.
d. Procure and install new return air CO@ sensor to air-handler unit 5. Test and verify CO2 sensor operation. Add CO2 sensor to Alerton Compass operator workstation graphics. Add trend logging and alarming to CO2 values. e. Provide support to testing and balancing vendor (provided under separate contract) for air-handlers 1, 2, 4, 5, and 6. Calibrate readings accordingly on operator workstation.
f. Complete programming for demand ventilation controls for air-handlers 1, 2, 4, 5, and 6 including updates to Alerton Compass operator workstation graphics.

Field verify damper operations.

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EXHIBIT B

FEE SCHEDULE
Jun 1, 2022 – June 30, 2023, Monthly Preventative Maintenance costs = $3,606 per month. *EXTRA SERVICES: for emergency services or additional work authorized by City Project manager not included in the maintenance services.

Service Provider may be paid lump sum through quoted and approved proposals for non- emergency equipment repairs or replacements not included in the preventative maintenance Scope of Work.

HOURLY LABOR RATES & FEES
Automation Technician = $180/hour
This labor rate shall apply for any work quoted outside of the standard preventative maintenance service.

Modifications and repairs associated with the Kavli and Scherr Forum Theatre Ventilation Assessments $35,000.00 Estimated 5-Year Preventative Maintenance Cost
(including potential approved rate increases) $240,000.00 EXTRA SERVICES* $100,000.00
Total Contract Not-to-Exceed $375,000.00
Item No.7N
TO:Andrew P. Powers, City Manager
FROM:Jaime Boscarino, Finance Director
DATE:May 24, 2022
SUBJECT: Hill Canyon Treatment Plant Security Upgrades (CI 5567) RECOMMENDATION:

1. Approve First Amendment to Contract No. 12829-2021 with Triad Consulting & System Design Group, LLC, of Corona, CA to add $23,000 with a new not-to- exceed amount of $98,000 over the lifetime of the contract.

2. Approve security software selection of Genetec.

3. Authorize staff to solicit bids for the Hill Canyon Wastewater Treatment Plant Security Upgrades project (CI 5567).

4. Authorize expenditure in the amount of $23,000 from A/C #624-8250-682-8200 (CI 5567, Buildings - Capital).

FINANCIAL IMPACT:

No Additional Funding Requested. Project costs are estimated at $500,000.

Available budget of $592,360 is included in the Adopted FY 2021-23 Wastewater Capital Budget. Staff will return to City Council to request additional funding at bid award if needed.

BACKGROUND:

The Hill Canyon Treatment Plant (HCTP) completed a major plant renovation in Fall of 2001. New video security and access control systems were installed with that project. The software systems and hardware have reached the end of their useful life and thus have required on-going repairs, resulting in less-than-optimal operations for the past several years. A capital project was created to replace these systems, as well as expand, upgrade, and improve the physical hardware devices (such as cameras and access readers) throughout the plant. Staff determined a Request for Qualifications (RFQ) was required to provide the design and construction bid documents for the upgrade.

Item No.7O
HCTP Security Upgrades (CI 5567)
May 24, 2022

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0 In February 2021, in accordance with Government Code section 4526 and Thousand Oaks Municipal Code section 3-10.401, staff solicited a formal RFQ for a Security System Design Consultant for HCTP. Unlike the low bid requirements of the Public Contract Code, contracts for professional, management, general, or special services should only be awarded to firms or persons who have demonstrated an adequate level of experience, competence, training, credentials, resources, staffing, and other professional qualifications necessary for more than a satisfactory performance of the services solicited.

The award of an RFQ is based upon a variety of factors that demonstrate best value to the agency for the solicited scope of service. The cost of the service may be considered as one of those factors; however, the lowest cost is not the sole factor in deciding who will be awarded the contract.

From the RFQ, 15 proposals were received. The staff evaluation committee, consisting of representatives from the Public Works (HCTP staff) and Finance Departments (Facilities and IT), reviewed the statements of qualifications, evaluated, and ranked the submissions. Interviews were conducted with the top five proposers based on the evaluation criteria. The committee recommended entering an agreement with Triad Consulting & System Design Group, LLC (Triad) based on the firm’s expertise, experience with similar projects, qualifications, and evaluation criteria, as set forth in the RFQ package. Because the contract was within the threshold of City Manager approval, a contract was executed with Triad in August 2021 and was not brought to City Council for approval.

DISCUSSION/ANALYSIS:

Triad Amendment
Since the City was utilizing Genetec for multiple locations, Triad used the Genetec system as the basis of design. During project design, it became apparent that in order for the security software (Genetec) to operate effectively, it would be necessary to develop a set of system standards. These software configuration standards include the configuration of servers, archivers, recording parameters, archiving redundancy, and for the over-all software operational architecture. These standards would be integrated into all City facility locations utilizing Genetec to ensure uniform specifications and operations of the security systems.

Approval of the $23,000 amendment for Triad (Attachment #1) will allow these standards to be designed and integrated into not only the HCTP project, but for Genetec systems at all City facilities. The amendment also includes additional services not included or anticipated in the original scope for a more complete security upgrade at HCTP.

Item No.7O
HCTP Security Upgrades (CI 5567)
May 24, 2022

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0 Genetec Software Selection
Security software that includes both video, access control, and intrusion functionality components is complex and requires extensive programming and integration. In 2013, the City installed and began utilizing Genetec as its security software at the Civic Arts Plaza. Genetec was easy to learn as an operator/user and had a wide range of functionality, so the Facilities division expanded its use to both libraries, the solar power monitoring at 401 & 403 W. Hillcrest Drive, and the Transit Center. Staff recommends installation of Genetec at HCTP as well as the Municipal Service Center in the future.

Approving Genetec prior to the public bidding provides several advantages. It allows the engineers to accurately design for the specific software requirements, ensures that bidders would not be permitted to substitute during the bidding process, and provides staff the opportunity to select a more standard system based on ease of use, service vendor availability, proven software features, and integration with existing systems.

Authorization to Solicit Bids (CI 5567)
Triad has completed the bid documents for the security upgrade project which includes drawings and specifications. Staff is preparing the final bid documents and permit approvals necessary for the bidding process and is seeking authorization to go out for solicitation as soon as they are prepared Tentative Schedule:

Bidding June 2022
Bid Award Aug/Sep 2022
Start Construction October 2022
Project Complete January 2023
Approval of these recommendations will allow the project to move forward and ensure that HCTP has a fully functioning security system to aid in the protection of this valuable City asset and improve the security-readiness for this critical City operation.

CIP PROJECT PRIORITY (as outlined in FY 2021-22 and 2022-23 CIP Program Budget)

Priority One – Addresses Health & Safety, legal and regulatory requirements, or a top City Council Priority.

Item No.7O
HCTP Security Upgrades (CI 5567)
May 24, 2022

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0 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 PREPARED BY: Elizabeth Perez, Facilities Manager
Attachment:

Attachment #1- First Amendment to Contract No. 12829-2021 FIN:201-10\edp\cp\H:\COMMON\Council\2022\Facilities\052422 Hill Canyon Security Upgrades CI 5567 Staff.docx Item No.7O
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Project Name: Security System Design Consultant for the HCTP

FIRST AMENDMENT TO

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND

TRIAD CONSULTING & SYSTEM DESIGN GROUP, LLC
Contract No. 12829-2021
THIS FIRST AMENDMENT to the Agreement for Professional Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation, (hereafter “City”) and TRIAD CONSULTING & SYSTEM DESIGN GROUP, LLC ("Consultant"), entitled Security System Design Consultant for the Hill Canyon Treatment Plant and dated August 5, 2021 (herein “Contract”) is made this 24th of May 2022.

RECITALS
A. Section 3 of Contract, currently, and as may have been previously amended, provides for a “not-to-exceed” total payment as consideration to Consultant of $75,000 for services generally and briefly described as security system evaluation and design.

B. City is in need of expanding the Scope of Services to be performed under the present Contract, and Consultant is desirous of performing such and receiving additional compensation for said extra services.

AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to Contract agree to amend Contract as described below:

Part 1. The following services to be performed by Consultant are added to the Scope of Services listed in Section 2 of Contract and such section is hereby amended to include the following services: Genetec system analysis and standards development.

Part 2. Exhibit A, Scope of Services is hereby replaced in its entirety with Exhibit A-1 attached hereto and incorporated herein. All References to Exhibit A in Contract shall forthwith be to Exhibit A-1.

Part 3. The sum of $23,000, is added as compensation to Consultant under the present Contract for the above-described additional services, and Subsection 3 (a) of Contract is hereby replaced and amended to read in its entirety as follows:
(a)Maximum and Rate. The total compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum of $98,000 (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:

ATTACHMENT #1
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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-1" and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon Consultant until June 30, 2023, 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.

Part 4. Exhibit B, Consultant’s Schedule of Fees for Contract is hereby replaced in its entirety with Exhibit B-1 attached hereto and incorporated herein. All references to Exhibit B in Contract shall forthwith be to Exhibit B-1.

Part 5. All terms used in Parts 1 through 4 above shall have the meanings ascribed thereto in Contract. Except as amended in Parts 1 through 4 above, all other sections, terms, obligations, duties, clauses, and provisions of Contract shall remain the same.

IN WITNESS WHEREOF, the parties execute this First Amendment to Contract as of the date set forth above.

TRIAD CONSULTING & SYSTEM

DESIGN GROUP, LLC
________________________________
By: Gregory W. Brandon
Title: President
________________________________
By: Michael Ulwelling
Title: Managing Director
ATTEST: CITY OF THOUSAND OAKS
________________________________ ________________________________ Cynthia M. Rodriguez, City Clerk Bob Engler, Mayor APPROVED AS TO ADMINISTRATION:
________________________________
Andrew P. Powers, City Manager
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APPROVED BY DEPARTMENT HEAD: APPROVED AS TO FORM:

Office of the City Attorney
________________________________ ________________________________ Jaime Boscarino, Finance Director Tracy Friedl, Assistant City Attorney Item No.7O
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EXHIBIT A-1

TRIAD CONSULTING & SYSTEM DESIGN GROUP, LLC

SECURITY SYSTEM UPGRADES AT HILL CANYON TREATMENT

SCOPE OF WORK
Triad Consulting & System Design Group (Triad) will complete review and design for upgrade and or replacement of the existing access/intrusion/video security systems thought the Hill Canyon Treatment Plant.

Security upgrade goals include, but are not limited to:

1. Review Software platforms.

2. Recommend and specify upgrades to:
a. security (access control & video) software & hardware, b. additional cameras to enhance security,
c. existing cameras as required,
d. additional physical security upgrades as recommended.

Triad will perform the following services:

Pre-Design & Design Development Phase

1. Coordinate and attend project kickoff meeting (on-site)

2. Coordinate and attend two (2) anticipated project stakeholder meetings.

3. Review previously completed security assessments and incorporate findings into preliminary design.

4. Develop the security system design requirements.

5. Site survey of existing systems and recommended new locations for equipment.

6. Coordinate space requirements.

7. Coordinate the system requirements with the following:
a. Electrical
b. Door Hardware
c. Cabling/infrastructure with IT Department

8. Preliminary Design based on City in-put, existing conditions review and recommendations. (Deliverable 1)
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9. 50% Design Development package for review by City.

10.Receive and implement the review comments.

11.Preliminarily ROM (Rough Order of Magnitude) Costing.

12.Develop 100% Design Development package. (Deliverable 2) a. Title Sheet
b. 1/8” scale plans showing device locations, fields of view and related details. c. Preliminary Physical mounting details
d. Preliminary Single Line Diagram
e. Preliminary Networking Diagram
f. Preliminary Door Details showing device locations of existing and new g. Preliminary CSI Format Specifications
Construction Document Phase

1. Coordinate and attend three (3) project meetings.

2. Develop the system design to bid-ready condition.

3. Confirm space requirements.

4. Confirm the final system requirements with the following:
a. Electrical
b. Door Hardware
c. Cabling/infrastructure with IT Department
d. Gate Contractor

5. Construction Document package at 50% for review by City. (Deliverable 3)

6. Incorporate City’s review comments.

7. Construction Document package at 100%. (Deliverable 4) a. Title Sheet
b. 1/8” scale plans showing device locations, fields of view and related details. c. Physical mounting details
d. Single Line Diagram
e. Networking Diagram
f. Details showing device locations
g. CSI format specifications
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Bidding and Award Phase

1. Provide drawings & specifications to be included in City’s bid package.

2. Attend Pre-bid conference site walk and respond to questions.

3. Provide clarifications and/or answers to bidder questions or requests for information.

4. Review bids and provide feedback on contractor(s) qualifications and compliance with project specifications.

Construction Administration/Compliance Phase

1. Attend pre-construction meeting.

2. Review Shop and Field Drawings for compliance with the contract documents

3. Attend five (5) contractor compliance/site observation visits during construction.

4. Complete Acceptance Testing and provide a punch list: two (2) site visits.

5. Complete one follow-up test and punch list.

6. Conduct site visit to confirm completion of all outstanding items.

Final Documentation Review

1. Review Contractor’s as-built documentation and drawings for completeness and accuracy.

2. Create CAD Record Drawings based on contractor as-builts

3. Submit final 100% Record Drawing to the City (Deliverable 5)

4. Project close out.

City-wide Genetec Integration Standards

1. Stakeholder meeting (virtual or in-person) to discuss goals, objectives and City- wide master plan for future security system.

2. Review of designs, system architecture, and network infrastructure of existing Genetec systems currently installed at various city-owned locations.

3. Site survey of existing facilities/locations as required.

4. Review systems configurations and recommend changes if required. a. Software applications and server/archiver configuration. b. Access control configuration and settings.
c. Camera settings, recording parameters, and technical camera settings.

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5. Development of a “Standards” document as a guideline for future expansion of Genetec system.

6. In-person meeting to discuss findings and recommendations.

7. Produce draft recommendation report and submit report for review.

8. Incorporate City comments and issue final report
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EXHIBIT B-1

TRIAD CONSULTING & SYSTEM DESIGN GROUP, LLC

SECURITY SYSTEM UPGRADES AT HILL CANYON TREATMENT

SCHEDULE OF FEES
The scope of services will be provided on an hourly labor rate basis with a not-to-exceed (NTE) total for professional services for each building as shown in the table below. The following hourly labor rates apply through June 30, 2023:

Triad Hourly Rates
Principal $240.00
Senior Security Consultant $180.00
Sr. Project Engineer/Sr. Project Manager $175.00
Project Engineer $165.00
Designer $125.00
Project Coordinator $100.00
Computer Design Specialist $95.00
Administration $100.00
Triad may assign personnel on an “as-needed” basis or substitute equivalently experienced personnel. No increase in fees will be made for such change in personnel without City approval.

Description NTE Fee
1 Pre-design & Design Development Phase $ 13,960.00 2 Construction Document Phase $ 21,705.00
3 Bidding & Award Phase $ 4,355.00
4 Construction Administration/Compliance Phase $ 9,950.00 5 Final Documentation Review $ 1,320.00
6 Create Record Drawings $ 1,200.00
7 City-wide Genetec Integration Standards $ 23,000.00 Reimbursable Expenses (estimated) $ 1,000.00
Subtotal $ 76,490.00
Extra Services* $ 21,510.00
TOTAL CONTRACT NOT-TO-EXCEED $ 98,000.00
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*EXTRA SERVICES: for additional work authorized by City Project Manager not included in items above, but required for complete project.
(Additional work beyond the original costs as stated above shall be noted separately on invoice as “Additional Services” and shall not be compensated without City approval received in writing prior to commencement.)

REIMBURSABLE EXPENSES
Estimated reimbursable expenses are shown above and will be billed at a maximum of

1.15 times the cost. Anticipated reimbursable expenses include, but are not limited to travel expenses, which includes, but are not limited to, hotel, lodging, meals, cost of travel (airline tickets or mileage costs at $0.55 per mile), car rental, etc.

Costs not considered reimbursable: In-house black & white or color reproductions smaller than 11” x 17” on standard paper; phone calls within the State of California; delivery or shipping between Consultant’s offices; and standard USPS first-class mail.

Item No.7O
TO:Andrew P. Powers, City Manager
FROM:Jeremy Paris, Police Chief
DATE:May 24, 2022
SUBJECT: Homeland Security Grant for the Disaster Assistance Response Team
RECOMMENDATION:

1. Authorize acceptance of the County of Ventura’s Homeland Security grant in the amount of $10,000 to be received by the Thousand Oaks Police Department’s Disaster Assistance Response Team (DART).

2. Approve expenditure in the amount of $10,000 from A/C #001-6740-627-3300 (OES016, DART Equipment less than $5,000).

FINANCIAL IMPACT:

No Additional Funding Requested. $10,000 was included in the Adopted FY 2021-22 General Fund Budget and is fully offset by grant revenue. Minimal staff time required to prepare the report is included in the Adopted FY 2021-22 General Fund Budget.

BACKGROUND:

The Office of Homeland Security approved the County of Ventura’s FY 2019-20 State Homeland Security Grant Program application in the amount of $953,727, of which $10,000 was identified to be received by the Thousand Oaks Police Department’s Disaster Assistance Recovery Team (DART) program. The grant began September 1, 2020 and will end January 31, 2023 (Attachment #1).

DISCUSSION/ANALYSIS:

DART is a volunteer disaster response and community action team dedicated to training its members and educating the community in emergency preparation and response. Volunteers are trained to assist local government and public safety agencies in serving the Conejo Valley and the County of Ventura in the event of a natural disaster or emergency call out.

Item No.7P
Homeland Security Grant for DART
May 24, 2022

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3 The funds provided by this grant will be used to purchase ten handheld radios, batteries for the radios, radio cases, thirty radio chest harnesses, and fourteen flashlights (Attachment #2).

This is a reimbursement grant; therefore, funds must be expended by the Police Department and the City will submit reimbursement requests for this grant that will be managed by the Ventura County Sheriff’s Office of Emergency Services.

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.

D. Maintain strong commitment to public safety (including Police, Fire, Emergency Medical Services, and Emergency Management) to ensure City remains one of the safest Cities in the United States with a population over 100,000.

PREPARED BY: Denise Holts, Administrative Assistant
Attachments:

Attachment #1 – Award letter from the Ventura County Sheriff's Office, Office of Emergency Services (grant program administrator) Attachment #2 – Expenditure Plan for grant funds
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Item No.7P
Item No.7P
TO:Andrew P. Powers, City Manager
FROM:Cynthia M. Rodriguez, City Clerk
DATE:May 24, 2022
SUBJECT: November 8, 2022 General Municipal Election and League of Women Voters City Council Candidate Forum
RECOMMENDATION:

1. Adopt resolution Calling for the General Municipal Election for November 8, 2022 for election of three Councilmembers.

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

3. Adopt resolution Adopting Candidate Statement Guidelines and Costs.

4. Authorize expenditure in an amount not to exceed $55,000 from A/C #001-2110- 611-6910 (Election Costs) for contract services with Ventura County Elections Division.

5. Authorize expenditure of $3,000 from A/C #001-2110-611-6910 (Election Costs) and authorize City Manager to approve League of Women Voters’ (LWV) request for use of the Scherr Forum Theatre and Thousand Oaks Television (TOTV) for a televised City Council Candidate Forum on a date to be determined contingent on the Governor’s and Ventura County Public Health Officer’s orders and theatre availability.

FINANCIAL IMPACT:

No Additional Funding Requested. A total of $76,100 is available in the Adopted FY 2022-23 General Fund Budget for election services and annual Reorganization costs related to the November 8, 2022 election.

Indirect costs are incurred with staff time for election activities, such as nomination process, providing candidate materials, responding to candidate inquiries/information requests (including public inquiries), managing campaign Item No.10A
November 8, 2022 Election and City Council Candidate Forum May 24, 2022

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2 disclosure filing process, and research, as necessary, and are included in the Adopted FY 2022-23 General Fund Budget.

BACKGROUND:

Pursuant to law relating to General Law Cities in the State of California, a General Municipal Election will be held on November 8, 2022 for the purpose of electing three Councilmembers to four-year terms.

General Municipal Election – The following standard resolutions have been prepared for adoption by City Council pursuant to the California Elections Code:

1. Calling For and Giving Notice of General Municipal Election

2. Requesting Ventura County Board of Supervisors to Approve Consolidation of General Municipal Election with Statewide Gubernatorial General Election and Provide Election Services

3. Adopting Regulations for Candidates Pertaining to Candidate Statement Materials and Wording, including Estimated Costs of Candidate Statements ($1,400)

Candidate Forum – LWV is a non-profit, non-partisan organization with the mission to encourage informed and active participation of citizens in government and influence public policy through education and advocacy. In the past, LWV has requested approval to hold televised candidate forums in the Scherr Forum Theatre. Depending on the Governor’s and the Ventura County Public Health Officer’s orders regarding gatherings, and should LWV express interest to move forward with a City Council Candidate Forum, staff is requesting an allocation of up to $3,000 to cover theatre costs for the forum. City Council has allowed the use of City funds in past election cycles, contingent on theatre availability.

DISCUSSION/ANALYSIS:

Resolution Calling For and Giving Notice of Election – Pursuant to California laws for General Law Cities, this resolution: calls the election for November 8, 2022 in order to elect three members to the City Council to four-year terms; ensures ballots are in conformance with State Law; authorizes the City Clerk to prepare election materials as necessary; ensures polling is conducted in conformance with State Law; directs the City Clerk to provide notice of the election and authorizes expenses to be paid to the County of Ventura upon presentation of an invoice for said election (Attachment #1).

Item No.10A
November 8, 2022 Election and City Council Candidate Forum May 24, 2022

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2 Included in Section 7 of the Resolution Calling For and Giving Notice of Election is the manner in which the Ventura County Clerk is directed to resolve a tie vote at the municipal election. On June 5, 2018, and reaffirmed on June 9, 2020, City Council adopted a resolution providing for the resolution of a tie vote to be determined by lot. The resolution adopted assists the City with its fiscal responsibility since the cost of conducting elections has significantly increased during the past two decades (Attachment #2).

Resolution Requesting Ventura County Board of Supervisors to Consolidate the General Municipal Election with the Statewide Gubernatorial General Election – California Elections Code § 10403, authorizes the consolidation of the City’s November 8, 2022 General Municipal Election with the Statewide Gubernatorial General Election. The resolution also authorizes the County of Ventura to canvass the returns and authorizes payment to the County of Ventura for specified election services (Attachment #3).

Resolution Adopting Regulations for Candidate Statements – Pursuant to California Elections Code § 13307 and the Federal Voting Rights Act, candidates have the option to prepare a candidate statement with specific criteria, and ensures voting material will be translated into Spanish, in compliance with the Federal Voting Rights Act. It also provides the estimated cost of the candidate statement ($1,400) and specifies the payment mechanism for candidates to pay the City for the actual cost of printing, including additional billing if actual cost is more or refund to candidate if actual cost is less (Attachment #4).

Nomination Period – The nomination period for Thousand Oaks City Council candidates is July 18, 2022, through August 12, 2022. If an incumbent does not run, the nomination period is extended to August 17, 2022, for non-incumbent nominees. During the nomination period, City Clerk staff furnishes interested persons all necessary paperwork to run for office (i.e., Nomination Papers, Conflict of Interest Form, optional Candidate Statement, etc.), as well as information related to State and local campaign disclosure regulations.

Candidate Information/Requests – Once the nomination period closes and candidates are certified by the County Elections Division, additional reference material resources are provided to certified candidates (i.e., Budget, Agenda Packets, etc.). This information assists to familiarize candidates with City functions.

In previous elections, City Council took action to provide certified candidates the first ten pages of responses to information requests for free; copies of more than ten pages are charged at the standard City reproduction fee of $0.15 per page. It is proposed that this policy will continue for 2022.

Item No.10A
November 8, 2022 Election and City Council Candidate Forum May 24, 2022

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2 Voter’s Choice Act – The California Voter’s Choice Act (VCA) passed in 2016 as Senate Bill 450. The VCA modernizes elections in California by allowing counties to conduct elections under a model which provides greater flexibility and convenience for voters. This election model allows voters to choose how, when, and where to cast their ballot by mailing every voter a ballot, expanding in-person early voting, and allowing voters to cast a ballot at any Vote Center in Ventura County. Voters will have three ways to return their ballot: mail the ballot, drop the ballot in a secure county ballot drop box, or visit any vote center in the county.

Traditional polling places will be replaced by vote centers. Voters will have the choice to cast a ballot in-person at any vote center in their county instead of a single polling location. Vote centers look and feel like polling places, but provide additional modern features to make voting easy and convenient, including vote in- person, drop off a ballot, get a replacement ballot, vote using an accessible voting machine, get help and voting material in multiple languages, register to vote, or update voter registration. One vote center is required for every 50,000 registered voters starting 10 days before the Election and through the Friday before Election Day. On Election Day and the Saturday, Sunday, and Monday leading up to Election Day, one vote center is required for every 10,000 registered voters.

Candidate Forum – If City Council approves the allocation and LWV requests to move forward with a Candidate Forum and depending on the Governor’s and Ventura County Public Health Officer’s orders at the time, LWV will follow the Televised Candidate Forums Policy as adopted by City Council on April 24, 2012; any requested date will be coordinated with the Cultural Affairs Department and TOTV, and contingent upon theatre availability.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

B. Provide municipal government leadership which is open and responsive to residents, and is characterized by ethical behavior, stability, promoting public trust, transparency, confidence in the future, and cooperative interaction among civic leaders, residents, business representatives, and staff, while recognizing and respecting legitimate differences of opinion on critical issues facing the City.

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.

Attachments:

Attachment #1 – Resolution Calling For and Giving Notice of General Municipal Election
Item No.10A
November 8, 2022 Election and City Council Candidate Forum May 24, 2022

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2 Attachment #2 – Resolution No. 2018-033
Attachment #3 – Resolution Requesting Consolidation of Election Attachment #4 – Resolution Adopting Regulations for Candidate Statements
CCD:630-20\cmr\H:\COMMON\Elections\2022\Staff Rpts\052422 Elections Staff Report.docx Item No.10A
ATTACHMENT #1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS CALLING AND GIVING

NOTICE OF THE HOLDING OF A GENERAL

MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022, FOR THE ELECTION OF

THREE COUNCILMEMBERS FOR FOUR-YEAR

TERMS AS REQUIRED BY THE LAWS OF THE

STATE OF CALIFORNIA RELATING TO GENERAL

LAW CITIES
WHEREAS, under the provisions of the laws relating to General Law Cities in the State of California, a General Municipal Election shall be held on November 8, 2022, for the election of three (3) Members of the City Council for a term of four years.

NOW, THEREFORE, the City Council of the City of Thousand Oaks resolves as follows:

Section 1. Pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Thousand Oaks, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing three (3) Members of the City Council for the full term of four years.

Section 2. Ballots to be used at the election shall be in a form and content as required by law.

Section 3. City Clerk is authorized, instructed, and directed to coordinate with the Ventura County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

Section 4. Polls (vote centers) for the election shall be open at seven o’clock a.m. the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when polls (vote centers) shall be closed, pursuant to California Elections Code § 10242, except as provided in California Elections Code §§ 14212, 14401.

Section 5. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding Municipal Elections.

Section 6. Notice of time and place of holding the election is given and City Clerk is authorized, instructed, and directed to give further or additional notice of election, in time, form, and manner as required by law.

Item No.10A
CCD:630-20\cmr\ H:\COMMON\Elections\2022\Staff Reports\052422 Elections Attach #1 Calling General Reso.docx

Section 7. That in the event of a tie vote, the City Council authorizes the Ventura County Clerk to utilize criteria set forth in Elections Code § 15651 (a) and resolve the tie vote by lot.

Section 8. City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill by the County of Ventura.

Section 9. City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED AND ADOPTED THIS 24th day of May, 2022, by the
following vote:

Ayes:

Noes:

Absent:

Bob Engler, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:

Cynthia M. Rodriguez, City Clerk

Date Attested:_________________
APPROVED AS TO FORM:

Office of the City Attorney
Tracy M. Noonan, 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.

Item No.10A
RESOLUTION NO. 2018- 033

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS RESCINDING
RESOLUTION NO. 98- 195 REGARDING THE

CONDUCT OF A SPECIAL RUNOFF ELECTION FOR

ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE

AT ANY MUNICIPAL ELECTION
WHEREAS, on October 20, 1998, the City Council adopted Resolution No. 98- 195 adopting provisions to require the conduct of a Special Runoff Election to resolve a tie vote involving those candidates who received an equal number of votes and the highest number of votes for an elective office; WHEREAS, § 15651 of the Elections Code of the State of California states that in the event of a tie vote ( if any two or more persons receive an equal and the highest number of votes for an office) as certified by the County of Ventura Registrar of Voters, the City Council, in accordance with California Elections Code 15651 ( a) shall set a date, time, and place, and summon the candidates who have received the tie votes to appear and will determine the tie by lot or, in lieu of resolving a tie vote by lot and in accordance with California Elections Code § 15651 b), shall conduct a special runoff election to resolve the tie vote and such special runoff election is to be held on a Tuesday not less than 40 days nor more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote; and
WHEREAS, since the City Council' s adoption of Resolution No. 98- 195, the cost of conducting elections has significantly increased during the past two decades. The current cost to conduct elections is estimated at $ 345, 000 for a consolidated municipal election and over $ 500, 000 for a stand- alone election.

NOW, THEREFORE, the City Council of the City of Thousand Oaks resolves as follows:

Section 1. City Council Resolution No. 98- 195 is hereby rescinded and the procedure in which tie votes are resolved will be called out in future resolutions calling a municipal election.

Res. No. 2018- 033
ATTACHMENT #2
Item No.10A
Section 2. City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED AND ADOPTED THIS 5 day ofclarrt e 2 8.

Andrew P. Fox, Mayor
City of Thousand Oaks, California
ATTEST:

Cy hia M. Rodriguez, City Cler
APPROVED AS TO FORM: APPROVED AS TO ADMINISTRATION:

Office of the City Attorney
Tracy M. onan, City Attorney And P. owers, CityWhager

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF VENTURA ) SS.

CITY OF THOUSAND OAKS )
I, CYNTHIA M. RODRIGUEZ, City Clerk of the City of Thousand Oaks, DO HEREBY CERTIFY that the foregoing is a full, true, and correct copy of Resolution No. 2018- 033 which was duly and regularly passed and adopted by said City Council at a regular meeting held June 5, 2018 by the following vote:

AYES: Councilmembers Bill -de la Pena, Price, Adam, McCoy, and Mayor Fox NOES: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Thousand Oaks, California.

MRodd
7 yn is . guez, City Cler Date Attested
City of Thousand Oaks, Califor '
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Res. No. 2018- 033
Item No.10A
ATTACHMENT #3
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS REQUESTING

VENTURA COUNTY BOARD OF SUPERVISORS TO

CONSOLIDATE A GENERAL MUNICIPAL ELECTION
TO BE HELD TUESDAY, NOVEMBER 8, 2022 WITH

STATEWIDE GUBERNATORIAL GENERAL

ELECTION TO BE HELD ON THE SAME DATE
PURSUANT TO CALIFORNIA ELECTIONS CODE §
10403
WHEREAS, the City Council of the City of Thousand Oaks called a General Municipal Election to be held November 8, 2022 for the purpose of the election of three (3) Members of the City Council for a term of four years; WHEREAS, it is desired that the General Municipal Election be consolidated with the Statewide Gubernatorial General Election to be held on the same date and that within the City the precincts, polling places (vote centers) and election officers of the two elections be the same, and that Ventura County Elections Division canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election (Ventura County Request for Specified Election Services - Exhibit A).

NOW, THEREFORE, the City Council of the City of Thousand Oaks resolves as follows:

Section 1. Pursuant to the requirements of California Elections Code § 10403, the Ventura County Board of Supervisors is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide Gubernatorial General Election on Tuesday, November 8, 2022, for the purpose of electing three (3) Members of the Thousand Oaks City Council for four-year terms.

Section 2. Ventura County Elections Division is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide election.

Section 3. Ventura County Board of Supervisors is requested to issue instructions to Ventura County Elections Division to take any and all steps necessary for the holding of the consolidated election.

Section 4. City of Thousand Oaks recognizes additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the Item No.10A
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County for any associated election costs when the work is completed and upon presentation of a properly approved bill pursuant to Exhibit A.

Section 5. City Clerk is hereby directed to file a certified copy of this Resolution with the Ventura County Board of Supervisors and the Ventura County Elections Division.

Section 6. City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED AND ADOPTED THIS 24th day of May, 2022, by the following vote:

Ayes:

Noes:

Absent:

Bob Engler, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:

Cynthia M. Rodriguez, City Clerk

Date Attested:_________________
APPROVED AS TO FORM:

Office of the City Attorney
Tracy M. Noonan, 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.

Item No.10A
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EXHIBIT A
Item No.10A
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Item No.10A
ATTACHMENT #4

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS ADOPTING

REGULATIONS FOR CANDIDATES FOR ELECTIVE
OFFICE PERTAINING TO CANDIDATE’S

STATEMENTS SUBMITTED TO THE VOTERS AT AN

ELECTION TO BE HELD ON TUESDAY, NOVEMBER
8, 2022
WHEREAS, California Elections Code § 13307 provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate’s statement.

NOW, THEREFORE, the City Council of the City of Thousand Oaks resolves as follows:

Section 1. General Provisions.

Pursuant to California Elections Code § 13307, each candidate for elective office to be voted for at an Election to be held in the City of Thousand Oaks on Tuesday, November 8, 2022 may prepare a candidate’s statement on an appropriate form provided by the City Clerk.

The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the City Clerk Department at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

Section 2. Foreign Language Policy.

Pursuant to the Federal Voting Rights Act, candidate’s statements will be translated into all languages required by the County of Ventura. The County of Ventura is required to translate candidate’s statements into Spanish.

Item No.10A
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The County will print and mail separate voter information guides and candidate’s statements in other languages to only those voters who are on the County voter file as having requested a voter information guide in a particular language. The County will provide the voter information guide and candidate’s statements in those other languages at all polling places/vote centers, on the County’s website, and in the Election Official’s Office.

Section 3. Payment.

Candidate shall be required to pay for the cost of translating and printing the candidate’s statement into any required foreign language as specified above pursuant to Federal and/or State law. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate’s statements filed pursuant to this section, including costs incurred as a result of complying with the Federal Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the City his or her estimated pro rata share as a condition of having his or her statement included in the voter’s pamphlet. The estimated cost for printing candidate statement is $1,400.

The estimate is just an approximation of actual cost that varies from one election to another and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill candidates for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk shall require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election or upon receipt of County billing.

Section 4. Additional Materials.

No candidate will be permitted to include additional materials in the voter information guide.

Section 5. City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.

Section 6. All previous Resolutions establishing City Council policy on payment for candidate’s statements are repealed.

Item No.10A
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Section 7. This Resolution shall apply only to the election to be held November 8, 2022 and shall then be repealed.

Section 8. City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED AND ADOPTED THIS 24th day of May, 2022, by the
following vote:

Ayes:

Noes:

Absent:

Bob Engler, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:

Cynthia M. Rodriguez, City Clerk

Date Attested:_________________
APPROVED AS TO FORM:

Office of the City Attorney
Tracy M. Noonan, 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.

Item No.10A
TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:May 24, 2022
SUBJECT: Water Shortage Declaration
RECOMMENDATION:

1. Adopt resolution declaring a Level 4 Water Supply Shortage with minor modifications pursuant to Municipal Code Section 10-2.1107.

2. Approve budget appropriation and authorize expenditure in the amount of $125,000 [$75,000 from A/C #611-0000-341-9900 (Water Fund, Net Position) to A/C #611-8025-682-5699 (Contracted Services) for water waste patrol service for FY 2022-23 and $50,000 from A/C #611-0000-341- 9900 (Water Fund, Net Position) to A/C #611-8025-686-6700 (Advertising and Mailers)] for outreach.

3. Designate a City Councilmember representative to serve on the Calleguas Drought Response Task Force.

FINANCIAL IMPACT:
$125,000 Increase to Adopted FY 2022-23 Water Fund Budget. Additional budget requested to cover water waste patrol services and outreach as needed.

Staff time required to prepare this report and costs for the initial implementation of the Water Shortage Contingency Plan are included in the Adopted FY 2021-22 Water Fund Budget.

BACKGROUND:

On July 8, 2021, Governor Newsom issued Executive Order N-10-2 calling on all Californians to voluntarily reduce water use by 15 percent from 2020 levels. On August 18, 2021, the City’s water supplier, Calleguas Municipal Water District (Calleguas), declared a Level 2 Water Shortage (10 – 20 percent use reduction) and requested the implementation of measures across its service area sufficient to conserve 15 percent of water as compared to 2020.

On November 16, 2021, City Council adopted a Water Shortage Contingency Plan (WSCP) that defines water conserving measures to be enacted by the City’s water agency at each of six progressive conservation levels as mandated by the State Item No.10B
Water Shortage Declaration
May 24, 2022

2 6
3 (Attachment #1). City Council also passed a resolution declaring a Water Supply Shortage and authorizing conservation measures commensurate with the City’s WSCP Level 2 (10 – 20 percent water savings).

On March 28, 2022, Governor Newsom issued Executive Order N-7-22 requiring each urban water supplier to undertake Level 2 measures to reduce water usage by 20 percent. The order also directed the Department of Water Resources (DWR) to develop emergency regulations defining and banning the irrigation of non- functional turf (ornamental turf) in commercial, institutional, and industrial sectors.

On April 26, 2022, Metropolitan Water District of Southern California (MWD) declared a Water Shortage Emergency Condition and adopted an Emergency Water Conservation Program for service areas that depend on supplies from the State Water Project (SWP) (Attachment #2).

On April 26, 2022, City Council received and filed a Water Supply Update Department Report which provided details of the deteriorating hydrologic conditions in California, the reduced SWP allocations and impact of these on SWP- dependent communities such as Thousand Oaks, and the anticipated actions by the City’s supplier, Calleguas.

On April 27, 2022, Calleguas adopted Resolution No. 2042 declaring a Water Shortage Emergency Condition and adopting an Emergency Water Conservation Program to reduce non-essential uses of water and preserve available water supplies for the greatest public benefit in their service area (Attachment #3).

The City is primarily served by three water purveyors: California American Water Company (CalAm), with 48 percent of accounts; the City of Thousand Oaks Water Agency with 36 percent; and California Water Service (CalWater) with 16 percent. The three agencies each receive their water through Calleguas, which delivers treated water from MWD to the local agencies’ infrastructure. There are frequent and regular meetings between the agencies and Calleguas to facilitate coordination, outreach, and alignment of measures and strategies. CalAm and CalWater are under the authority of the California Public Utilities Commission (CPUC), and require CPUC authorization to adopt their water restrictions, which can vary from those adopted by City Council.

DISCUSSION/ANALYSIS:

At the end of March 2022, the State recorded its driest first three months of the year on record. Coupled with warm temperatures and low snowpack, on March 18, 2022, DWR reduced the 2022 SWP water allocation to MWD from 15 to 5 percent.

With such a reduced allocation, MWD expressed concern that its allocation would be insufficient to meet Human Health and Safety (HH&S) needs and requested Item No.10B
Water Shortage Declaration
May 24, 2022

2 6
3 additional supplies from DWR to meet these needs. DWR has agreed to provide MWD access to a limited supply of water pursuant to SWP contract terms to utilize for HH&S subject to the following requirements: MWD must impose mandatory water restrictions on water use consistent with emergency circumstances, and any SWP water accessed for HH&S purposes must be returned within five years or as wetter conditions return. Even with the additional HH&S supplies, MWD has insufficient supplies to meet normal demands in SWP-dependent areas in 2022.

As a result of these conditions, MWD adopted an Emergency Conservation Program on April 26, 2022, which was subsequently adopted by Calleguas on April 27, 2022. The program defines two compliance pathways for purveyors. The first path allows a purveyor to restrict outdoor irrigation to one day per week (or its equivalent) beginning June 1, 2022. This restriction may be modified to ban all non-essential outdoor irrigation or enforce volumetric limits should conditions warrant as the year develops. Purveyors that document adoption and enforcement mechanisms of these restrictions by May 31, 2022, will be deemed compliant.

Non-compliant purveyors will face volumetric penalties of up to $2,000 per acre- foot on any water that exceeds monthly allocation limits. The second path allows a purveyor to comply with monthly allocation limits directly. The specific limit for each purveyor is based on an allocated share of the HH&S water provided by DWR and certain additional SWP supplies and is currently 81 gallons per capita per day (gpcd). Purveyors that meet these limits will be deemed compliant. Non-compliant purveyors will face volumetric penalties of $2,000 per acre-foot on any purchased SWP water that exceeds these allocation limits. This second pathway was designed to make allowances for those communities with water sources in addition to the SWP.

The City’s current per capita water use is 175 gpcd. Thus, a volumetric limit of 81 gpcd constitutes a more than 50 percent reduction in water use in the City’s service area. With only a single water source, the most straightforward and effective compliance path for the City is the first path, which is already laid out in the adopted WSCP at a Stage 4 shortage.

The associated water conservation measures are outlined in Attachment #1 and in Municipal Code Section 10-2.1107. Outdoor watering will be limited to one day per week using hand watering or low-volume (which is defined in the Stage 4 Water Supply Shortage Resolution) irrigation systems. Sprinklers are permitted only for irrigation of active playing fields, licensed daycare centers, golf course fairways and greens, and school grounds. These specific uses are also allowed one additional day of watering.

Minor modifications to the Stage 4 WSCP measures for certain categories of use have been included in the proposed resolution (Attachment #4). To effectively monitor compliance, the City proposes to designate the watering day, which will Item No.10B
Water Shortage Declaration
May 24, 2022

2 6
3 be Saturday for odd numbered street addresses and Sunday for even numbered addresses. Wednesday will be the designated day for the special uses allowed an additional day of irrigation. This day is subject to change by the Public Works Director as necessary upon notification to customers. Public outreach and enforcement will initially be conducted by City staff and will focus on awareness and education. An information mailer will be sent to all current water agency customers before May 31, 2022, and outreach will include ads in local newspapers and social media. Field staff will conduct surveys and raise awareness through door hangers and postcards.

The enforcement mechanism will include a warning for the first violation, followed by the City’s administrative procedure (escalating fines) for the second through fourth violations, and the installation of a flow restrictor for further violation(s). This is consistent with the proposed watering day schedule and enforcement mechanism of the City’s other water purveyors.

A stay on code enforcement actions against brown or dead lawns to support the restrictions on the use of outdoor water is included in the resolution. The stay would be similar to previous drought restrictions, which allowed for vegetation and lawns to go brown, while requiring weeds to be under control and removal of any vegetation presenting a fire hazard. Property owners have six months after the drought is declared over to re-landscape.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

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: Helen Cox, Sustainability Division Manager John Brooks, Sr. Analyst
Attachments:

Attachment #1 – Water Shortage Contingency Plan Conservation Stages Attachment #2 – Water Shortage Emergency Condition declaration, April 26, 2022, Metropolitan Water District
Attachment #3 – Water Shortage Emergency Condition declaration, April 27, 2022, Calleguas Municipal Water District
Attachment #4 – Resolution for Stage 4 Water Supply Shortage DPW: 1000-90\etm\Council\2022\052422\ Water Conservation staff report.docx Item No.10B
Water Shortage Declaration
May 24, 2022
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Water Shortage Contingency Plan
Table of
Demand Reduction Actions by Water Shortage Level
Conservation Measure
Agency (A) or
Customer (C)
Action Details
STAGE 1 (Permanent) (0 - 10%)
No watering within 48 hours of rain event C
Restrict outdoor watering days (# days in summer/# days in winter) C 4 days/3 days Fix leaks (within timeframe) C 7 days
Restrict outdoor watering hours (Between these hours only) C 6 pm – 9 am No excessive water flow or runoff C
No washing down hard or paved surfaces C
Recirculating water required in water fountains/features C Vehicle washing requires auto shut-off nozzle C
Drinking water served upon request only in eating or drinking establishments C
Commercial lodgings to provide option to decline daily linen service C No installation of single pass cooling systems in buildings requesting new water service C
No installation of non-recirculating water systems in new industrial laundry systems C
Commercial car washers must incorporate re-circulating water systems C
Restaurants required to use water conserving dish wash spray valves C
Surveys/water audits – in-home A
Public Information Campaign - low information and enforcement A STAGE 2 (11 - 20%)
Restrict outdoor watering days (# days in summer/# days in winter) C 3 days/2 days Fix leaks (within timeframe) C 72 hours
Survey/water audits – commercial A
Expand Public Information Campaign - low information and enforcement A
STAGE 3 (21 - 30%)
Restrict outdoor watering days (# days in summer/# days in winter) C 2 days/1 day Fix leaks (within timeframe) C 48 hours
Require pools to be covered when not in use and outdoor temperature is above threshold C
No filling of ornamental water features such as ponds, stream features, fountains C
ATTACHMENT #1
Item No.10B
Water Shortage Declaration
May 24, 2022
2 2
9 1
Conservation Measure
Agency (A) or
Customer (C)
Action Details
Emptying and refilling existing pool and water feature prohibited. C No home, mobile or fundraising car wash C
Prohibit the use of water misters C
Implement drought surcharge to cover additional costs (as permitted through rate study/Prop 218) A
Decrease frequency and length of line flushing A
Expand public info campaign - moderate information and moderate enforcement A
Water waste patrols A
Rebates/giveaways (funded by local agency) A
STAGE 4 (31 - 40%)
Restrict outdoor watering days (# days in summer/# days in winter) C Hand water/ drip only
Fix leaks (within timeframe) C 48 hours
Reduce street sweeping potable water use A
Expand Public Information Campaign - Aggressive information and Aggressive enforcement A
STAGE 5 (41 - 50%)
Restrict outdoor watering days (# days in summer/# days in winter) C Hand water
only
Trees and
shrubs
Fix leaks (within timeframe) C 24 hours
Limit potable water use by commercial car washes C
Prohibit showers at gyms C
No pool permits to be issued or new water features to be constructed/filled A
Discontinue service to willful violators A
Require net zero demand on new water service A
Expand Public Education Campaign - Aggressive information and Aggressive Enforcement A
STAGE 6 (> 50%)
Restrict outdoor watering days (# days in summer/# days in winter) C No outdoor watering
Fix leaks (within timeframe) C 24 hours
No new potable water service A
No temporary meters for building permits A
Expand Public Education Campaign - Aggressive information and Aggressive Enforcement A
DPW: 1000-90\etm\Council\2022\052422\Water Conservation\Attachment #1 – Water Shortage Contingency Plan Conservation Stages.docx Item No.10B
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Brad Coffey
Manager, Water Resources Management
Date


 
Adel Hagekhalil
General Manager
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Item No.10B
4/12/2022 Board Meeting 7-1 Attachment 1, Page 1 of 6

RESOLUTION OF THE BOARD OF DIRECTORS

OF THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA

DECLARING A WATER SHORTAGE EMERGENCY CONDITION AND IMPLEMENTING AN

EMERGENCY WATER CONSERVATION PROGRAM IN PORTIONS OF ITS SERVICE AREA

WHEREAS, Severe Drought Conditions Are Constraining Available Water Supplies from Northern California.

Beginning in water year 2020 (October 1, 2019, to September 30, 2020), the watersheds supplying the California State Water Project (SWP) received below-average precipitation. The California Department of Water Resources (DWR) classified water years 2020 and 2021 as dry and critically dry, respectively. Persistent dry conditions will likely result in a critically dry designation for water year 2022.

The three-year sequence of water years 2020 - 2022 (October 1, 2019, through September 30, 2022) is projected to be the driest on record in California for statewide precipitation. Precipitation in Northern California during the three months from January through March 2022 was the driest on record for that region.

In addition to reduced precipitation since 2020, California’s climate is transitioning to a warmer setting in which historical relationships among temperature, precipitation, and runoff are changing. In 2021, the DWR’s snowmelt runoff forecast over-estimated the runoff that occurred by 68 percent. In 2022, DWR’s median runoff forecast for the Sacramento River dropped from 16.7 to 9.7 million acre-feet, a reduction of 42 percent.

WHEREAS, Governor Newsom Has Declared a State of Emergency to Exist in All California Counties Due to These Severe Drought Conditions.

On October 19, 2021, Governor Gavin Newsom declared a state of emergency to exist in all California counties due to worsening drought conditions. This proclamation follows other increasingly expansive drought declarations and executive orders that have been issued since April 2021.

At that time, Governor Newsom called on Californians to re-double their efforts to reduce water use by 15 percent and for local and regional water agencies to implement their Water Shortage Contingency Plans (WSCPs) “at a level appropriate to local conditions that takes into account the possibility of a third consecutive dry year.”
WHEREAS, Governor Newsom Has Issued an Executive Order Calling on Urban Water Suppliers to Activate Their Water Shortage Contingency Plans.

As part of their Urban Water Management Plans (UWMPs), local and regional water providers are required to prepare and adopt WSCPs. These plans identify voluntary and mandatory response actions that will be taken under various water shortage conditions. These actions include mandatory conservation activities to reduce water use by 10 to 50 percent, depending on the severity of the shortage.

Due to worsening drought conditions, including a record-breaking dry period in January and February, Governor Newsom issued Executive Order N-7-22 on March 28, 2022, specifically requiring all urban water suppliers to implement, at a minimum, the response actions identified in their WSCPs for a shortage level of 20 percent (Level 2).

This executive order further encouraged urban water suppliers to conserve more than the minimum required and to voluntarily activate more stringent local requirements based on a shortage level of up to 30 percent (Level 3).

Item No.10B
4/12/2022 Board Meeting 7-1 Attachment 1, Page 2 of 6

WHEREAS, Metropolitan’s State Water Project Supplies Have Been and Are Being Curtailed.

On March 18, 2022, DWR reduced the SWP Table A allocation for 2022 from 15 to only five percent of contract amounts. Table A allocations for 2020 and 2021 were 20 and five percent, respectively. The last three years marks the lowest three-year combined deliveries of allocated water in the history of the SWP.

Three consecutive years of low Table A allocations have strained water supplies for portions of Metropolitan’s service area that currently are served primarily through the SWP. Referred to as the “SWP Dependent Area,” this area has limited or no access to Colorado River Supplies.

As a result, there will be insufficient SWP supplies this year to meet the minimum human health and safety (HH&S) needs in the SWP Dependent Area. HH&S needs are defined as “the amount of water necessary for prevention of adverse impacts to human health and safety, for which there is no feasible alternative supply.” In general, HH&S needs are limited to domestic supply, sanitation, public health and fire protection purposes, and cannot exceed 55 gallons per person per day.

To supplement the low Table A allocation, DWR has agreed to provide additional SWP supplies to SWP contractors if necessary to fulfill their unmet HH&S needs. However, DWR is requiring any SWP contractor receiving such supplies to impose mandatory restrictions on water use within its service area consistent with these emergency circumstances. DWR also is requiring any SWP water accessed for HH&S purposes be returned to the state within five years or as wetter conditions return.

WHEREAS, Metropolitan’s SWP Supplies Are Essential to Meet the Total Demands of Its Member Agencies.

Over the past 20 years, the SWP has provided about 30 percent of the region’s total water needs and a portion of the supply delivered to each of Metropolitan’s 26 Member Agencies.

Diamond Valley Lake, Metropolitan’s largest surface water reservoir and source of dry-year and emergency water supplies, has only been replenished with SWP supplies since the discovery of Quagga mussels in Colorado River water in Jan. 2007.

Under a five percent Table A allocation, Metropolitan cannot meet normal demands in the SWP Dependent Area, serve SWP supplies to other Member Agencies, or replenish storage in Diamond Valley Lake.

WHEREAS, Metropolitan, Its Member Agencies, and Others in the Region Have Taken Extraordinary Steps to Reduce Demands and Bolster Supplies.

In conjunction with its Member Agencies, counties, cities, and wholesale and retail water suppliers, Metropolitan decreased potable water demands within the service area by 40 percent, roughly 80 gallons per person per day, since 1990.

Metropolitan has invested $1.5 billion in conservation, local water recycling, and local groundwater recovery since 1990, resulting in a cumulative savings of nearly 7.6 million acre-feet.

Metropolitan has invested more than $3 billion in increasing storage capacity with Diamond Valley Lake and conveyance capacity with the Inland Feeder to capture SWP supply when available for later use in dry years.

Local water suppliers and communities have also made multi-billion-dollar strategic and forward-looking investments in water conservation (within and outside the MWD service area), water recycling, stormwater capture and reuse, groundwater storage, and other strategies to improve drought resilience.

Water conserved throughout the service area, among other things, has helped preserve storage in Metropolitan’s diverse storage portfolio during these dry conditions.

Continued action by Southern California residents to conserve water and extend local groundwater and surface water supplies will provide greater resilience if the drought continues in future years.

Item No.10B
4/12/2022 Board Meeting 7-1 Attachment 1, Page 3 of 6

Metropolitan established the Member Agency Administered Program (MAAP) to assist Member Agencies in implementing local conservation activities. A portion of the funded projects can be used when water savings are not readily quantifiable, such as drought messaging and local water-use related code enforcement programs.

WHEREAS, Metropolitan and Its Member Agencies Have Taken Specific Actions to Preserve SWP Supplies.

Metropolitan and its Member Agencies have invested billions of dollars to preserve and enhance the availability and utilization of local supplies and, in turn, to decrease the overall use of Metropolitan’s imported supplies.

Metropolitan has established water management programs to increase Member Agency flexibility to shift from or temporarily defer taking Metropolitan’s supply from the SWP.

In 2021 and 2022, Metropolitan made targeted investments in its delivery system to reduce Member Agency dependency on SWP supplies. These investments have significantly improved operational flexibility, allowing delivery of water from either of Metropolitan’s two imported supply sources to most of the service area.

Metropolitan’s Member Agencies have, where feasible, operated their systems to reduce dependency on Metropolitan’s supply delivered through service connections fed from the SWP system.

On August 17, 2021, Metropolitan’s Board adopted a resolution declaring a “Condition 2 – Water Supply Alert” to preserve Metropolitan’s supply for the region.

On November 9, 2021, Metropolitan’s Board adopted a resolution recognizing the statewide drought emergency, declaring specified emergency conditions to exist within portions of its service area, and calling on Member Agencies to take various actions to preserve Metropolitan’s supply from the SWP. Among other things, Member Agencies were urged to make all reasonably practicable changes in their operations and to implement mandatory conservation and efficiency measures to reduce the use of SWP supplies.

WHEREAS, Metropolitan Has Determined that It Must Take Additional Actions Immediately to Conserve the Remaining Available SWP Supplies.

In December 2014, Metropolitan’s Board adopted a revised Water Supply Allocation Plan (WSAP) pursuant to which it may determine that a regional shortage exists, establish a regional shortage level, and impose an Allocation Surcharge on Member Agencies for water use above a predetermined allotment. The WSAP was designed and intended only for use during periods of regionwide water shortages and requires a more extended period to implement. As such, the current WSAP cannot effectively or efficiently address the water shortages anticipated to occur this year in the SWP Dependent Area.

Likewise, while actions being taken pursuant to the November 9, 2021, Board resolution are helpful, they are not sufficient to address in a timely manner the urgent circumstances present in the SWP Dependent Area.

That resolution specifically noted that if drought conditions persisted or worsened, Metropolitan’s Board would consider declaring a Water Shortage Emergency Condition and imposing appropriate regulations, restrictions and penalties to conserve Metropolitan’s water supplies.

Unfortunately, drought conditions have persisted, and the water supply outlook has worsened, particularly with respect to SWP supplies. Accordingly, Metropolitan believes it is necessary, desirable, and in the best interests of Metropolitan and its Member Agencies to declare that a Water Shortage Emergency Condition exists in the SWP Dependent Area, to adopt the framework for an Emergency Water Conservation Program encompassing the SWP Dependent Area, and to take certain other actions as set forth below and described in Board Letter 7-1 dated April 26, 2022, so as to reduce water use and preserve remaining SWP supplies.

Adopting an Emergency Water Conservation Program is consistent with actions taken by our Member Agencies and other retail agencies and will assist Metropolitan and its Member Agencies in public outreach efforts to communicate the severity of the current drought and the need for conservation and collective action.

Item No.10B
4/12/2022 Board Meeting 7-1 Attachment 1, Page 4 of 6

Metropolitan further believes that it is necessary, desirable, and in the best interest of Metropolitan to work closely with Member Agencies to identify near-term actions to address this drought emergency and to grant the General Manager certain additional powers and authorities to assist in carrying out such activities promptly.

WHEREAS, Metropolitan Is Authorized and Required to Take These Additional Actions.

Article X, Section 2 of the California Constitution requires all water resources in the state to be put to beneficial use and prohibits the waste or unreasonable use of such resources. What constitutes reasonable use is dependent on exigent circumstances, and may change during periods of drought.

Water Code Section 350 et seq. requires the distributor of a public water supply to declare that a water shortage emergency condition exists “whenever it finds and determines that the ordinary demands and requirements of water consumers cannot be satisfied without depleting the water supply needed for human consumption, sanitation, and fire protection.” Upon making such a declaration, the water supplier is authorized to adopt such regulations and restrictions as will, in its sound discretion, “conserve the water supply for the greatest public benefit with particular regard to domestic use, sanitation, and fire protection.” Water Code Section 375 et seq. authorizes retail and wholesale water providers to adopt water and enforce conservation programs, which may include specific water-use limitations. Water providers may impose civil and criminal penalties for violating the requirements of such programs and/or may enforce water-use limitations by imposing “a volumetric penalty in an amount established by the public entity.” Water Code Section 10620 et seq. requires every urban water supplier to prepare and adopt an UWMP, which must include a WSCP to be implemented during times of shortage. Governor Newsom has directed all urban water suppliers to implement, at a minimum, the response actions identified in their WSCPs for a shortage level of 20 percent (Level 2).

DWR is requiring any SWP contractor receiving HH&S supplies to impose mandatory restrictions on water use within its service area consistent with these emergency circumstances.

The Metropolitan District Act and Metropolitan’s Administrative Code authorize and support taking specific actions to address the current drought emergency. In particular, Administrative Code Section 4512 provides that deliveries of water “shall be subject to operational, supply or demand conditions, as determined by the General Manager.”
WHEREAS, Metropolitan Held a Noticed Public Hearing to Receive Input on These Additional Actions.

On April 26, 2022, a public hearing was held to receive input, comments, and/or protests on the proposed declaration of a Water Shortage Emergency Condition and adoption of the framework of an Emergency Water Conservation Program for the SWP Dependent Area, as well as the other actions set forth below and described in Board Letter 7-1 dated April 26, 2022. A copy of Board Letter 7-1 was posted on Metropolitan’s website (https://mwdh2o.legistar.com/Calendar.aspx) and was available for review prior to the hearing.

Notice of this hearing was published on April 14, 2022, in six different newspapers of general circulation encompassing all six counties within Metropolitan’s service area: Los Angeles Times (Los Angeles County), Orange County Register (Orange County), Inland Valley Daily Bulletin (San Bernardino County), Ventura County Star (Ventura County), Press Enterprise (Riverside County), and San Diego Union Tribune (San Diego County).

At this public hearing, Metropolitan’s Board received information, comments, testimony, and other evidence provided by Board members, Member Agency representatives, staff, and the public pertaining to these matters, and all persons present were given an opportunity to be heard.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of The Metropolitan Water District of Southern California hereby declares a Water Shortage Emergency Condition to exist in the SWP Dependent Area. Per this declaration, the Board calls on all Member Agencies to:

Item No.10B
4/12/2022 Board Meeting 7-1 Attachment 1, Page 5 of 6

(1) Make all possible changes in their operations to reduce their use of Metropolitan’s SWP supplies. (2) Immediately mandate and implement such conservation requirements, water-use efficiency measures, and drought-related limitations consistent with their WSCPs and substantively conforming to the Emergency Water Conservation Program.

BE IT FURTHER RESOLVED that the General Manager is hereby authorized and directed to finalize and implement an Emergency Water Conservation Program in the SWP Dependent Area, subject to the following conditions:
(1) The Emergency Water Conservation Program shall conform to the framework outlined in Board Letter 7-1, dated April 26, 2022. (A copy of this Board Letter may be accessed through Metropolitan’s website at https://mwdh2o.legistar.com/Calendar.aspx.) This framework includes volumetric penalties for non-compliance of up to $2,000 per acre-foot for use exceeding specified allocation limits.
(2) The Emergency Water Conservation Program shall include a provision for Member Agencies in the SWP Dependent Area to use 100 percent of their MAAP allocations for any conservation-related activities and projects, even where the water savings from such activities and projects are not readily quantifiable. Uses of MAAP funding could include drought-related actions, messaging, and code enforcement. Upon termination of the Emergency Water Conservation Program, the MAAP allocations would revert back to the previously established formula for non-documented water-saving program funding requests.
(3) The General Manager shall consult with all affected Member Agencies on the final terms of the Emergency Water Conservation Program.
(4) The General Manager shall finalize the Emergency Water Conservation Program within 30 days of Board adoption of this resolution.
(5) The Emergency Conservation Program shall continue through Jun. 30, 2023, unless otherwise terminated as described below.

BE IT FURTHER RESOLVED that the General Manager is hereby directed to continue the actions and activities specified in August 17, 2021, and November 9, 2022, Board resolutions, except as expanded or limited herein.

BE IT FURTHER RESOLVED that the Board hereby declares Metropolitan’s support for the Governor’s Executive Order N-7-22 and directs staff to work with the relevant state agencies to implement the Executive Order.

BE IT FURTHER RESOLVED that, should drought conditions persist in the coming months, or should demand management actions not sufficiently preserve available supplies, the General Manager may impose additional conditions or requirements as part of the Emergency Water Conservation Program described in Board Letter 7-1, which may include a prohibition on all outdoor uses of water or a requirement for affected Member Agencies to conform to specified volumetric limits.

Item No.10B
4/12/2022 Board Meeting 7-1 Attachment 1, Page 6 of 6

I HEREBY CERTIFY that the foregoing is a full, true, and correct copy of a resolution adopted by the Board of Directors of The Metropolitan Water District of Southern California at its meeting held on Apr. 26, 2022.

Secretary of the Board of Directors
of The Metropolitan Water District
of Southern California

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ATTACHMENT #4
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF THOUSAND OAKS DECLARING A LEVEL 4 WATER

SUPPLY SHORTAGE PURSUANT TO MUNICIPAL
CODE SECTION 10-2.1107 AND ENACTING

ADDITIONAL WATER CONSERVATION MEASURES
PURSUANT TO MUNICIPAL CODE SECTION 10-

2.1112
WHEREAS, a reliable minimum supply of potable water is essential to the public health, safety, and welfare of the people and economy of the southern California region; and
WHEREAS, careful water management that includes active water conservation measures in times of drought is essential to ensure a reliable minimum supply of water to meet current and future water supply needs; and WHEREAS, Article X, Section 2 of the California Constitution declares that the general welfare requires that water resources be put to beneficial use, waste or unreasonable use or unreasonable method of use of water be prevented, and conservation of water be fully exercised with a view to the reasonable and beneficial use thereof; and
WHEREAS, California Water Code section 375 authorizes water suppliers to adopt and enforce a comprehensive water conservation program to reduce water consumption and conserve supplies; and
WHEREAS, on November 16, 2021, City Council adopted a water conservation ordinance, codified in Article 11, Chapter 2, Title 10 of the Thousand Oaks Municipal Code, that became effective on January 1, 2022 and which sets forth six levels of water conservation measures; and
WHEREAS, Calleguas Municipal Water District (Calleguas) provides the water for the City of Thousand Oaks and is reliant upon deliveries of water imported by the Metropolitan Water District of Southern California (Metropolitan) from the California State Water Project (SWP), and is considered an SWP dependent agency within the Metropolitan service area; and
WHEREAS, the State of California has entered a third consecutive year of drought during which annual precipitation, snowpack, and resultant runoff levels have been markedly below that which is needed to both adequately replenish key reservoirs and meet current water demands; and
Item No.10B
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WHEREAS, on October 19, 2021, Governor Gavin Newsom proclaimed that a state of emergency exists in all California counties due to severe drought conditions, and called on all local and regional water suppliers to implement Water Shortage Contingency Plans (WSCP) that are responsive to local conditions; and WHEREAS, on November 9, 2021, Metropolitan declared that specified drought emergency conditions exist within its service area and called on all member agencies to immediately implement conservation to reduce the use of SWP supplies; and
WHEREAS, on November 16, 2021, City Council declared a water supply shortage and urged residents and businesses to voluntarily reduce usage by 15 percent from 2020 usage to extend SWP storage reserves; and WHEREAS, on March 18, 2022, the California Department of Water Resources (DWR) announced that it reduced the calendar year 2022 SWP allocation to Metropolitan to five percent, and current projections indicate that the final allocation will remain five percent; and
WHEREAS, DWR has a limited supply of water available for SWP contractors to utilize for Human Health and Safety (HH&S) but that access to HH&S water requires: the contractor to demonstrate robust conservation efforts with mandatory requirements; the repayment of all HH&S water in future years; and future investments to reduce reliance on the SWP to meet HH&S needs; and WHEREAS, Metropolitan announced that, in light of the five percent SWP allocation, there are insufficient supplies to meet normal demands in SWP- dependent areas in calendar year 2022, and declared a water supply emergency at their April 26 Board meeting requiring all SWP-dependent water agencies to limit watering to one day per week equivalent, or meet volumetric requirements requiring a reduction of greater than 50 percent or face volumetric penalties of up to $2,000 per acre-foot effective June 1; and
WHEREAS, Calleguas, on April 27, 2022, passed Resolution 2042 declaring a Water Shortage Emergency Condition in the Calleguas service area mandating that water users within their service area restrict irrigation to one day per week (or equivalent) with enforcement or meet volumetric requirements requiring a reduction of greater than 50 percent by June 1; and WHEREAS, Municipal Code Section 10-2.1107 provides for City Council to declare a Level 4 Water Supply Shortage upon a determination that a severe water supply shortage or threatened shortage exists and consumer demand reduction is necessary to appropriately respond to existing water conditions; and WHEREAS, Municipal Code Section 10-2.1112 provides that City Council upon adoption of a resolution may implement water conservation measures in Item No.10B
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addition to the prohibited uses of water identified in Sections 10-2.1104, 10-2.1105, 10-2.1106 10-2.1107 10-2.1108 and 10.2-1109.

NOW, THEREFORE, the City Council of the City of Thousand Oaks resolves as follows:

A severe water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to appropriately respond to existing water conditions; and
BE IT FURTHER RESOLVED by the City Council of the City of Thousand Oaks that a Level 4 Water Supply Shortage is hereby declared, to become effective on May 25, 2022; and
BE IT FURTHER RESOLVED by the City Council of the City of Thousand Oaks that outdoor irrigation be limited to one day per week and may only occur on assigned irrigation day(s), except for necessary hand watering of trees sufficient to keep them alive; and
BE IT FURTHER RESOLVED by the City Council of the City of Thousand Oaks that low volume irrigation systems as referenced in the water conservation measures refers to the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers, and specifically designed to apply small volumes of water slowly at or near the root zone of plants.

BE IT FURTHER RESOLVED by the City Council of the City of Thousand Oaks that Fuel Modification Zones as required in development conditions of approval for fire protection are allowed an extra day of irrigation to mitigate fire risks and are not required to use low volume irrigation systems unless otherwise conditioned or required by law or agreement; and
BE IT FURTHER RESOLVED by the City Council of the City of Thousand Oaks that the use of low volume irrigation systems is not mandated for engineered slopes except where specifically conditioned or otherwise required by law or agreement; and
BE IT FURTHER RESOLVED by the City Council of the City of Thousand Oaks that golf course fairways are allowed one extra day of irrigation because they are designated as “functional turf”; and
BE IT FURTHER RESOLVED by the City Council of the City of Thousand Oaks that the extra watering days for specified purposes and exceptions for weather based irrigation controllers and rotator sprinklers provided for in TOMC Sections 10-2.1107(b)(2),(ii) and 10-2.1107(b)(3)(v) are hereby suspended; and BE IT FURTHER RESOLVED by the City Council of the City of Thousand Oaks that dust suppression for fugitive dust that is subject to Ventura County Air Item No.10B
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Pollution Control District Rule 55 shall not employ potable water during the drought except via an approved waiver; and
BE IT FURTHER RESOLVED by the City Council of the City of Thousand Oaks that the California State Model Water Efficient Landscaping Ordinance (MWELO) definitions are to be used if a specific definition is not provided in the Thousand Oaks Municipal Code; and
BE IT FURTHER RESOLVED by the City Council of the City of Thousand Oaks that a stay on code enforcement actions against brown or dead lawns will be in effect for the duration of the drought, not exempting the requirements for the removal of vegetation presenting a fire hazard and weed removal; BE IT FURTHER RESOLVED by the City Council of the City of Thousand Oaks that re-landscaping of dead or brown lawns, and landscaping required under development permit conditions but delayed as a result of the drought, shall be granted a grace period of six months after the drought is declared over to install landscaping;
BE IT FURTHER RESOLVED by the City Council of the City of Thousand Oaks that the remainder of the month of May will be used for notification and education about the new rules and enforcement will start June 1, 2022; and BE IT FURTHER RESOLVED by the City Council of the City of Thousand Oaks that the first violation will be a warning, the second through fourth violations will follow the City’s administrative procedure and the fifth violation will result in the installation of a flow restrictor for a minimum of 30 days in addition to the administrative fine and the sixth violation will result in the installation of a flow restrictor for the duration of the declared SWP drought emergency.

PASSED AND ADOPTED this 24th day of May, by the following vote:

Ayes:

Noes:

Absent:
________________________________
Bob Engler, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
_________________________________
Cynthia M. Rodriguez, City Clerk
Date Attested: ____________________
Item No.10B
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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.

Item No.10B
TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:May 24, 2022
SUBJECT: Municipal Code Amendment Regarding Urban Lot Splits and Multiple Residential Units Per Lot
RECOMMENDATION:

Adopt resolution declaring intention to consider an amendment to the Municipal Code to implement 2021 Senate Bill No. 9 (SB 9), including the creation of urban lot splits and multiple residential units per lot.

FINANCIAL IMPACT:

No Additional Funding Requested. The cost of preparing and processing the Municipal Code amendment is limited to the indirect cost of staff time and small direct costs (estimated to be under $1,000) for advertising of public hearings.

These costs are included in the Adopted FY 2021-22 General Fund Budget.

BACKGROUND:

Pursuant to Thousand Oaks Municipal Code (TOMC) Section 9-4.2902, a proposed amendment to the Planning and Zoning Regulations (Title 9) may be initiated by City Council by adoption of a resolution requesting that the Planning Commission set the matter for hearing, report, and recommendation back to City Council. After receiving a recommendation from the Planning Commission, City Council may take final action on the proposed amendment. Initiation of Municipal Code amendments does not constitute approval nor obligate City Council to adopt the proposed amendments. This action merely directs staff to study the issues and bring back draft amendments for consideration.

SB 9 (also known as the The California HOME Act) is part of the Senate’s “Building Opportunities for All” housing package that was created to address the severe housing shortage in California. SB 9 was signed by Governor Newsom on September 16, 2021 and chaptered by the Secretary of State. This bill went into effect on January 1, 2022. SB 9 makes two changes to State law:
It allows homeowners in most areas around the state (those zoned for single-family) to divide their property into two lots, thereby increasing Item No.10C
Municipal Code Amendment Regarding Urban Lot Splits And Multiple Residential Units Per Lot
May 24, 2022

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8 opportunities for homeownership in their neighborhood; and It allows two homes to be built on each of those lots. This can include the construction of up to two new units, the legalization of up to two existing units, or the construction of one additional new unit where one unit is already existing. In addition, Accessory Dwelling Units (ADUs) may also be proposed.

DISCUSSION/ANALYSIS:

SB 9 requires cities to ministerially (without discretionary review or hearing) approve 1) housing developments containing no more than two residential units within a single-family residential zone; and 2) urban lot splits of a single-family residential lot into two relatively equal sized lots. Absent an ordinance further regulating SB 9 projects, proposals for urban lot splits and two-unit residential developments are only subject to the minimum standards outlined in SB 9.

Under SB 9, the criteria for an urban lot split include, but are not limited to, the following:

1. The property must not be in certain hazard or conservation areas such as wetlands, earthquake fault zones, and FEMA-designated flood plains;

2. The lot split must conform to all applicable objective requirements of the Subdivision Map Act;

3. Each newly created parcel must be larger than 1,200 square feet;

4. The new lots must be of approximately equal size (60/40 minimum proportionality);

5. The lot split must not require the demolition or alteration of certain housing types; and

6. The applicant intends to occupy one of the housing units as their principal residence for at least three years.

Under SB 9, the criteria for a two-unit residential project include, but are not limited to, the following:

1. The property must not be in certain hazard or conservation areas;

2. The proposed housing development would not require the demolition or alteration of certain housing types;

3. The proposed housing development would not require the demolition or alteration of housing that has been occupied by a tenant in the last three years.

While SB 9 includes a list of pre-conditions that projects must meet to be eligible Item No.10C
Municipal Code Amendment Regarding Urban Lot Splits And Multiple Residential Units Per Lot
May 24, 2022

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8 to proceed, it is important to note that all SB 9 projects will be subject to the local, regular entitlement and plan review process that applies to any new construction in the City that is subject to ministerial review. Projects will still be reviewed by various City Departments and outside agencies (e.g., Community Development, Fire, Public Works, etc.) to ensure compliance with applicable municipal code standards and technical codes (i.e., Building Code & Fire Code). Unlike State Accessory Dwelling Unit (ADU) law, SB 9 does not exempt SB 9 units from the City’s fees.

While SB 9 requires cities to adhere to certain minimum standards, SB 9 also specifically allows cities to make certain elections and impose objective zoning, design, and subdivision standards to SB 9 projects unless those standards would have the effect of physically precluding the construction of two residential units on either of the resulting parcels created by an urban lot split or physically precluding either of the two-unit residential units from being at least 800 square feet in floor area. For example, cities may

1. Elect to require, within certain limits, one off-street parking space;

2. Restrict the establishment of ADUs in conjunction with two-unit residential housing projects;

3. Establish a minimum lot size less than 1,200 square feet; and

4. Impose other objective zoning, design, and subdivision standards.

Adoption of an ordinance implementing SB 9 would provide clarity on the local permitting process, take advantage of the flexibility permitted under the law, and harmonize the requirements of SB 9 with community standards.

Next Steps
If City Council directs staff to proceed, staff will complete their assessment of SB 9, prepare draft amendments, obtain Planning Commission’s recommendation through a public hearing, and then bring the final proposed amendments back to City Council at a subsequent public meeting.

CEQA Compliance
Initiation of a Municipal Code amendment is not subject to the California Environmental Quality Act (CEQA) because the activity will not result in direct or indirect physical changes in the environment, and therefore is not considered to be a project under CEQA Guidelines Section 15060(c)(3). Any potential impacts resulting from the recommended amendments will be evaluated once the amendments have been drafted.

Conclusion
Staff recommends that City Council adopt the resolution (Attachment #1) and direct staff to begin preparing amendments to the Zoning Regulations as described above.

Item No.10C
Municipal Code Amendment Regarding Urban Lot Splits And Multiple Residential Units Per Lot
May 24, 2022

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8 COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal(s):

B. Provide municipal government leadership which is open and responsive to residents, and is characterized by ethical behavior, stability, promoting public trust, transparency, confidence in the future, and cooperative interaction among civic leaders, residents, business representatives, and staff, while recognizing and respecting legitimate differences of opinion on critical issues facing the City.

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: Justine Kendall, Associate Planner
Attachments:

Attachment #1 – Resolution
cdd:660.21/Staff Report-City Council/pz (FILE ID: MCA 2022-704) Item No.10C
CDD:660-21:/Resolution-Council/pz (FILE ID:MCA 2022-70465)

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS DECLARING

INTENTION TO CONSIDER AN AMENDMENT TO

THE THOUSAND OAKS MUNICIPAL CODE TO
IMPLEMENT 2021 SENATE BILL NO. 9 (SB 9),

INCLUDING THE CREATION OF URBAN LOT

SPLITS AND MULTIPLE RESIDENTIAL UNITS PER
LOT (MCA 2022-70465)
WHEREAS, it is the intention of the Thousand Oaks City Council to consider an amendment to the Municipal Code (Title 9) to implement 2021 Senate Bill No. 9 (SB 9), including the creation of urban lot splits and multiple residential units per lot; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Thousand Oaks, that this matter is hereby referred to the Planning Commission for public hearing and recommendation back to the City Council pursuant to Article 29 of Chapter 4 of Title 9 of the Thousand Oaks Municipal Code as well as California Government Code sections 65353 and 65354.

PASSED AND ADOPTED this 24th day of May, 2022, by the following vote:

Ayes:

Noes:

Absent:

Bob Engler, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
_____________________________
Cynthia M. Rodriguez, City Clerk
Date Attested:

APPROVED AS TO FORM:

Office of the City Attorney
_____________________________
Tracy M. Noonan, City Attorney
ATTACHMENT #1
Item No.10C
CDD:660-21:/Resolution-Council/pz (FILE ID:MCA 2022-70465)

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.

Item No.10C
TO:City Council
FROM:Bob Engler, Mayor and Al Adam, Councilmember
DATE:May 24, 2022
SUBJECT: 2022 Southern California Association of Governments General Assembly- Update
RECOMMENDATION:

Receive report.

FINANCIAL IMPACT:

No Additional Funding Requested. The City’s dues pay for the cost of registration for Mayor Bob Engler and Councilmember Al Adam. As a voting member of the SCAG General Assembly, Councilmember Adam’s hotel is covered for one night. Direct and indirect costs are included in the Adopted FY 2021-22 General Fund Budget.

BACKGROUND:

Founded in 1965, the Southern California Association of Governments (SCAG) is a Joint Powers Authority under California state law, established as an association of local governments and agencies that voluntarily convene as a forum to address regional issues. Under federal law, SCAG is designated as a Metropolitan Planning Organization (MPO) and under state law as a Regional Transportation Planning Agency and a Council of Governments. The SCAG region encompasses six counties (Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura) and 191 cities in an area covering more than 38,000 square miles. The agency develops long-range regional transportation plans including sustainable communities strategy and growth forecast components, regional transportation improvement programs, regional housing needs allocations, and a portion of the South Coast Air Quality management plans.

In 1992, SCAG expanded its governing body, the Executive Committee, to a 70- member Regional Council to help accommodate new responsibilities mandated by the federal and state governments, as well as to provide more broad-based Item No.13A
2022 SCAG General Assembly- Update
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0 representation of Southern California’s cities and counties. With its expanded membership structure, SCAG created regional districts to provide for more diverse representation. The districts were formed with the intent to serve equal populations and communities of interest. Currently, the Regional Council consists of 86 members.

On May 5-6, 2022, more than 900 local leaders from throughout Southern California convened for SCAG’s 2022 Annual Regional Conference and General Assembly at the JW Marriott in Palm Desert, CA. The conference included presentations and panel discussions on the new technologies to enhance mobility, economic opportunity, and quality of life in the South California region. Mayor Bob Engler, Councilmember Al Adam, and Legislative Affairs Manager Mina Layba attended the general assembly. Councilmember Adam was appointed as the City’s voting delegate and Mayor Engler as the alternate.

DISCUSSION/ANALYSIS:

This SCAG Conference and General Assembly consisted of two-day proceedings as follows:

I. REGIONAL COUNCIL MEETING
a. Public Comments- no public comments
b. Item 1 - To Continue Holding Virtual Regional Council and Committee Meetings Under AB 361- Approved.
c. Item 2 - FY 2022-23 Comprehensive Budget- Approval of the FY 2022-23 Final Comprehensive Budget, including the Overall Work Program (OWP) and the General Fund Budget, in the amount of $124.7 million, which is $5.1 million or 4.3 percent more than the Draft Comprehensive Budget- Approved, with resolution adopted.
d. Item 3 - SCAG Scholarship Program- Scholarship Committee Chair Cheryl Villegas-Walker reviewed application and selection process. 100 applications received. Twelve scholarships awarded through SCAG and CA Transportation Foundation.
e. Consent Calendar - Approved.
f. Business Representative Report- Lucy Dunn, Orange County Transportation Commission- Committee is looking at inflation. Federal Government raised interest rates, which will impact housing affordability. Employment and the “Great Item No.13A
2022 SCAG General Assembly- Update
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0 Resignation” show that there are two openings for every one placed in a job.

Energy prices rising. Supply challenges expected to emerge with labor. g. President’s Report- Recognition of outgoing Regional Council Members. Next regional council meeting is June 2, 2022.
h. Executive Director Report- Review of participation in panel discussions for various state organizations.

II. GENERAL ASSEMBLY/BUSINESS MEETING
a. Welcome: Chair Clint Larrimore, Mayor City of Eastvale welcomed delegates. He thanked and introduced sponsors who provided short remarks about their companies.
b. Congressman Raul Ruiz, 36th District: Representing Coachella Valley addressed the Assembly. He stated that the regional conference is at a turning point to root out disparities in education, healthcare, and housing. This is what led the congressman, who is an emergency room doctor, to public service. He encouraged elected officials to continue working to help the underserved. He thanked members for their work in battling the pandemic and local partnership with the federal government to assist with vaccine distribution, economic development, and support with schools. Through this partnership he also discussed the opportunities with the bipartisan Infrastructure Investment and Jobs Act to modernize communities, invest in renewable energy, and jobs creation. c. Kome Ajise, Executive Director Remarks: The convening is the largest of local leaders in the State. He thanked all cities and counties for their work in bringing communities back from COVID-19. He acknowledged the SCAG staff and a video was featured of a year in review highlighting accomplishments:
· Reconnected communities post COVID-19
· Go Human- outreach mini grant on active transportation · Sustainability Communities program
· Housing tools and assessment, support to extend deadline for Housing Element · State and Federal Advocacy
· Goods Movement/Congestion Relief
· Economic Summit and data collection
· Tools to assist cities
d. Public Comments:
· Nury Martinez, City of Los Angeles: Paid tribute to two individuals that passed away, SCAG staff Ping Chang and former Councilmember Tom LaBonge.

Item No.13A
2022 SCAG General Assembly- Update
May 24, 2022

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0 · Zaid Maimodi, TransTech Engineers: Encouraged SCAG to lobby for more funding to support cities of need to obtain GIS technology. e. Consideration of Bylaws:

Bylaw Amendments/Proposals:

1. Substantive SCAG programs or policy initiatives must go through Policy Committee process, with consultation and input by the Technical Working Group (TWG)

2. SCAG Policy Committee recommendations can only be changed/amended with a 2/3 vote of the Regional Council

3. Before final adoption, changes from Policy Committee recommendations on substantive SCAG policy initiatives or programs must return to the Policy Committee(s) and be thoroughly considered by the Policy Committee

4. Recognize the TWG as a formal SCAG body with opportunity to provide input on the development of SCAG policy initiatives

5. Service on a Policy Committee and/or on the Regional Council for at least 12 continuous months of service qualifies candidate to serve as an officer

6. Officer Eligibility of the TCA representative
General Assembly rejected proposals 1-5 recommended for adoption; Proposal 6 was recommended for adoption.
f. Adoption of FY 2022-23 Budget
The FY 2022-23 General Fund Budget is $3,390,152, or 20 percent less than the FY 2021-22 General Fund Budget of $4,213,001. The decrease is primarily due to the completion of information technology capital acquisitions in FY 2021-22 and are not anticipated in FY 2022-23. The General Fund budget includes the use of $596,114 from the fund balance. The fund balance is being used to primarily meet increasing needs for General Assembly and Regional Council support, as well as for legal services for the Regional Council and programs where expenditures may not be eligible for grant reimbursement. The General Fund Budget is primarily funded by the annual membership dues assessment for all members of SCAG.

Member dues are calculated in accordance with the guidelines in Article VIII of the SCAG Bylaws. The FY 2022-23 General Fund Budget includes anticipated Membership Assessment revenue collections of $2,322,238. - Adopted. g. Ratification of Board Officers
The General Assembly ratified the following FY 2022-23 Officers:

Item No.13A
2022 SCAG General Assembly- Update
May 24, 2022

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0 · President: Jan Harnik, Riverside County Transportation Commission · First Vice President: Carmen Ramirez, County of Ventura · Second Vice President: Art Brown, City of Buena Park
h. Consent Calendar- Approved

i. Presidents Report- Report available on SCAG Website. Assembly encouraged to review it. Next General Assembly will take place on May 4, 2023 at the JW Marriott in Palm Desert.
j. Recognition of Outgoing President Clint Larrimore: Resolution and awards presented.

III. CONFERENCE PROGRAM
a. Sustainability Awards Program
The following agencies were recognized:
· Sustainability: South Coast Air Quality Management District · Active, Healthy, and Safe Communities: City of Riverside · Clean Cities- Alternative Fuels and Infrastructure: Metrolink · Efficient and Sustainable Land Use: City of Rancho Cucamonga · Equity: Port of Long Beach
· Green Region Innovation: Orange County Transportation Authority · Housing Innovation: City of El Centro
b. Breakout Session: Advancing Housing Production Across Sectors- Tools, Resources, & Opportunities
State Housing and Community Development Director Gustavo Velasquez reviewed the current housing crisis. He shared that there are new tools by the legislature to help cities provide more housing and density. Grants and investments are available for cities to support the preparation of their housing elements and build more housing. The legislature has also adopted options for accountability if cities do not provide housing.

Scott Ochoa, City Manager for the City of Ontario shared how they built affordable housing projects in 90 days. Ontario realized if they do not adhere to the legislature’s mandate will be forced to do so. They are using obsolete retail sectors to develop housing.

Steve PonTell, CEO National Community Renaissance offered that affordable Item No.13A
2022 SCAG General Assembly- Update
May 24, 2022

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0 housing is an investment in the community. Cities and developers need to work together to leverage their funds to build.

Grace Chionuma, Managing Director Morgan Stanley shared that there is an opportunity in the private capital side. Each community is different. There are new options for flexible capital, e.g., bond issuance. Investors are realizing there is social impact in affordable housing.

Gene Slater, Chairman CSG Advisors reviewed financing options for cities. Sustainably financed project is critical to assure the project can remain affordable. Joint powers authorities are ways to shift responsibility from the city to finance the project. Work with municipal advisors with fiduciary responsibility.

c. Breakout Session: The Region’s Zero-Emission Transformation With vehicle technology and state mandates transitioning the state toward zero- emission vehicles, new opportunities are emerging. Cities will have opportunities to support zero-emission transformation by supporting the installation of new electric and hydrogen charging stations and transforming their fleet to clean buses. They can also take advantage of new state and federal infrastructure funding to bring these charging stations online.
d. Breakout Session: Funding Futures of Growth
As part of the economic recovery and pandemic job losses, session focused on the Infrastructure Investment and Jobs Act, which the state needs to prepare for to be competitive. Cities should be prepared by collaborating with the region and SCAG on transit projects. They need to tell a story. There is a larger focus on equity and environment. There is an expectation that grants should not only be for implementing projects in underserved communities, but also to bring in women and diverse contractors.
e. Student Showcase Awards
Students were honored for their projects. Top honors went to:
· Jury Prize Winner- Kyle Kramer, University of CA Irvine- How We Connect the Rim of the Valley
· Audience Award Winner- Eric Martinez, Cal Poly Pomona- Reimagine our Electrical Towers
f. Keynote Speaker: John Quinones
Item No.13A
2022 SCAG General Assembly- Update
May 24, 2022

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0 ABC News Reporter and host of “What Would You Do?” provided highlights of his childhood leading to his 40-year career. He enjoys shining a light on issues that are not easily embraced. His show “What Would You Do?” with hidden cameras provides real-life reaction on issues such as racism. This a reflection of character and doing the right thing. Silence is complicity. They filmed a thousand scenarios. How do we become active bystanders? Learning starts at home where values are developed. He shared how his values helped guide his professional life to help tell stories of those that were marginalized and less fortunate. g. Plenary Session-Connect SoCal: A Bold Vision for 2050 Ontario Councilmember Alan Wapner shared his story about how the Ontario International Airport was developed and how they attracted business including cargo flights. Ontario’s bold vision serves as an example for the panel discussion on what Southern California could look like in next 30 years.

Panelists shared ideas in visualizing the next 30 years:
· More housing and home ownership. Need public and private sectors to address this issue. Density and infill are not going resolve the housing crisis. Need to eliminate minimum parking requirements. Need to build closer to job centers versus building out in the suburbs.
· California will receive $40 billion in formula money over the next five years for transportation. There is an additional $100 billion that will be available in grants.

The State Transportation Agency is convening meetings to ensure that the state is positioned to use this money for greater benefit. Consider land use and zoning ordinance, to encourage less car trips, tied to grant funding. · Sustainability, zero-emission, and clean energy relies on collaboration within the industry and government. Permitting needs to be more streamline in order to implement projects more readily. Mitigation fees and credits for greenhouse gas emissions only works if there are projects. Reducing vehicle miles traveled and developing closer to worksites will support cleaner air. New technology and infrastructure are a major transition to a new ecosystem. Consider incentivizing work-from-home to reduce greenhouse gas emissions.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

B. Provide municipal government leadership which is open and responsive to residents, and is characterized by ethical behavior, stability, promoting public trust, Item No.13A
2022 SCAG General Assembly- Update
May 24, 2022

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0 transparency, confidence in the future, and cooperative interaction among civic leaders, residents, business representatives, and staff, while recognizing and respecting legitimate differences of opinion on critical issues facing the City.

PREPARED BY: Mina Layba, Legislative Affairs Manager
CMO:150-20: H:Common/Council Items/2022 Staff reports/052422/SCAG General Assembly Staff Report.doc Item No.13A
TO:City Council
FROM:Bob Engler, Mayor
DATE:May 24, 2022
SUBJECT: League of California Cities Leaders Summit - May 11-13, 2022 RECOMMENDATION:

Receive report.

FINANCIAL IMPACT:

No Additional Funding Requested. Direct and indirect costs are included in Adopted FY 2021-22 General Fund Budget.

BACKGROUND:

The League of California Cities (Cal Cities) is an association of California city officials who work together to enhance their knowledge and skills, exchange information, and combine resources so they may influence policy decisions that affect cities.

Cal Cities was founded in 1898 on the principles of local control and interagency cooperation. The association has grown from a handful of public officials to the voluntary membership of 478 California cities. Cal Cities and its member cities are working hard to strengthen the effectiveness of their advocacy efforts. Cal Cities’ mission statement reflects this commitment to "restore and protect local control for cities through education and advocacy to enhance the quality of life for all Californians."

DISCUSSION/ANALYSIS:

Cal Cities offers year-round education and networking opportunities for new and seasoned city leaders. Comprehensive, specialized programs allow officials to learn about new developments in their field while exchanging ideas and solutions to common challenges.

Item No.13B
League of California Cities Leaders Summit- May 11-13, 2022 May 24, 2022

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7 Cal Cities held its inaugural City Leaders Summit at the SAFE Convention Center in Sacramento. The purpose of the summit was to bring city officials together to influence policy decisions in the Capitol and gain top-notch leadership skills.

The City Leaders Summit transforms two of Cal Cities’ most prominent events, Legislative Action Day and Mayors and Council Members Executive Forum. Mayor Bob Engler and Legislative Affairs Manager Mina Layba attended.

I. CITY LEADERS SUMMIT
A. Welcome
Board President Cindy Silva and Executive Director Carolyn Coleman welcomed all attendees for the City Leaders Summit. Distinguished Legislative Leadership awards were presented to Senator John Laird and Assemblymember Lena Gonzales for their bills in broadband grants to support the underserved and for developing organic waste collection to reduce greenhouse gas emissions.

In anticipation of the May Budget Revision and state surplus, Cal Cities will seek $1.6 billion for housing, unfunded mandates and organic waste recycling assistance for cities through a campaign called “Shared Priorities- Shared Resources.” These budget asks will be presented to the Governor and legislature (Attachment #1).

Cal Cities lobbyists presented an update on key legislative bills. Hundreds of bills that impact local government are currently being heard in committee.

B. Shared Priorities- Shared Resources Rally at Capitol Park Cal Cities held a press conference/rally at Capitol Park with summit delegates to publicly announce their request of a portion of the budget surplus. Cal Cities Executive Director, Board President, and Mayors of the Cities of El Cerrito and Long Beach announced the campaign and urged the Governor and legislature to share the historic surplus with cities.

C. Channel Counties Division Lunch Session
Channel Counties Division held a networking lunch. Cal Cities lobbyists attended and reviewed key legislation in greater detail and answered questions from the group. Division Chair Steve Martin, Mayor, City of Paso Robles announced that the Division will hold at least one in-person meeting in late October.

D. Panel on Cities' Role in Modernizing California’s Behavioral Health Continuum Item No.13B
League of California Cities Leaders Summit- May 11-13, 2022 May 24, 2022

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7 Panelists all shared their perspective on the Governor’s proposed Care Court.

Care Court is a conservatorship model managed by the county. Cities will have an opportunity to refer individuals to Care Court. Cities such as Bakersfield and Sacramento are experimenting with new models in supporting the unsheltered with mental illness.

E. Panel on Planning for the Communities of Tomorrow: The Intersection of Land Use and State Climate Goals
Panel discussed how the reduction of greenhouse gas emissions is directly related to transportation and land use. To resolve climate change, there is a need to change how we live. Cities should consider land use planning and develop housing close to shopping centers and services to reduce excess driving. Transit is the biggest greenhouse gas emitter. Building homes close to markets and public transit would encourage residents to walk to do errands or use buses or metros.

F. Critical Communication Skills for Leaders
Keynote speaker, Tracy Miller, shared skills for public speaking:

1. What is your message?

2. Who is your audience?

3. Create your opener.

4. What is the heart of a presentation? (a) Describe problem; (b) How will you fix it? (c) Results

5. Make the ask. What do you want audience to do?

6. Delivery- (a) voice/volume/speed; (b) movement; (c) visuals

7. Close. Inspire. Make the audience glad they came.

G. Finding Successors- Finding Future Leaders in your City Staff City of Placentia shared their methods for succession planning by monitoring staff talent, supporting stretch assignments and reconfiguring their organizational structure. They also coordinate Invest in Our Team Initiative with various trainings, retreats, and leadership sessions.

H. Lessons Learned After the Camp Fire
City of Paradise staff and councilmembers shared the impact of the Camp Fire on their community and ways they are supporting residents in rebuilding while preparing for potential wildfires in the future.

Item No.13B
League of California Cities Leaders Summit- May 11-13, 2022 May 24, 2022

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7 I. Ingredients for a Vital Downtown in a Post-COVID Digital World Downtowns are changing. Hotels, retail, office, residential, and industrial zones are all changing. Brick and mortar retail is dying. Residents are living differently and not commuting as much. They want an area they can spend funding within a 15-minute zone. This is the Great Reconfiguration. Cities are faced with the challenge of conforming to new demands. Downtown zoning is shifting to blended use. Technology is changing the delivery of services, including robotic delivery.

Quality of diversified life is about the experience. Cities need to reconsider all of their zoning codes.

J. Land Use and Zoning- Who is Making the Decisions?
Speakers shared land use and zoning perspectives from a city and developer point of view. Legislation is pushing local planning. Special interests also have a role. Speakers reviewed planning tools that assist cities including general plans, specific plans, zoning, design standards, subdivision regulations and conditional use permits. Cities are encouraged to consider density, market forces, available land, and environmental conditions.

K. Strategies for High Performers
Keynote speaker Nicole Lance discussed “Stop Shoulding Yourself.” During this COVID-19 era, elected officials have new stressors. Speaker techniques under the acronym STOP: S-Self Awareness. T-Tactics. O-Own your options. And P- Permission Granted
II. MEETINGS WITH STATE LEGISLATIVE REPRESENTATIVES
Mayor Engler and Legislative Affairs Manager Layba met with state officials to discuss concerns over current housing bills and discuss the State’s projected budget surplus. City also presented the Cal Cities Shared Priorities- Shared Resources campaign. Meetings were held with Brandon Bjerke, Legislative Director- Assemblymember Jacqui Irwin’s Office, and Gil Topete, Legislative Director- Senator Henry Stern’s Office.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

B. Provide municipal government leadership which is open and responsive to residents, and is characterized by ethical behavior, stability, promoting public trust, transparency, confidence in the future, and cooperative interaction among civic Item No.13B
League of California Cities Leaders Summit- May 11-13, 2022 May 24, 2022

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7 leaders, residents, business representatives, and staff, while recognizing and respecting legitimate differences of opinion on critical issues facing the City.

PREPARED BY: Mina Layba, Legislative Affairs Manager
Attachments:

Attachment #1 – Cal Cities Legislative Priorities May 2022 CMO:150-20: H:Common/Council Items/2022 Staff Reports/052422/City Leaders Summit Staff report Item No.13B
www.calcities.org

1. 2022-23 State Budget Request: Cal Cities is calling on lawmakers to draw on the state’s estimated $68 billion surplus and allocate $1.6 billion for programs that achieve shared city and state goals, as well as reimburse cities for state unfunded mandates.  $500 million for the creation of the Housing and Economic Development Program.  What California needs now is a funding commitment to housing that matches the scale of this crisis. Cities urge the Governor and lawmakers to allocate $500 million to create a state-local partnership to help finance housing projects, incentivize development, and kick start real progress toward housing production goals.  This program would encourage partnerships between state and local agencies by providing matching funds to cities that adopt local tax increment financing tools to support affordable housing, upgrade essential infrastructure, and spur economic development.
 Existing tax increment financing tools help stimulate housing production and address important infrastructure needs, however they lack sufficient financial capacity — due in part to the absence of state participation — and are underutilized.  $933.5 million for unfunded state mandates.
 The state owes more than $933.5 million to cities, counties, and special districts for costs related to state mandates incurred after 2004. Of that amount, $466.6 million — not counting interest — is owed to cities.
 The pandemic demonstrated the vital role that cities play in California's economy and the important services they provide to the public.
 A strong city budget creates strong, resilient communities and this allocation would help ensure that cities can continue to meet shared local and state priorities.  $180 million for organic waste recycling.
 As a key player in the state’s ability to achieve its solid waste management and recycling roles, cities are urging the state include $180 million in the 2022-23 State Budget to help cities develop and implement SB 1383 (Lara, 2016) organic waste recycling programs.
 This funding will help local governments implement collection, education, outreach, edible food recovery, procurement activities, and capacity planning, and minimize the financial burden the cost of implementing these regulations could have on taxpayers.

2. Housing: Cal Cities is calling on lawmakers to oppose SB 897 (Wieckowski), AB 2011 (Wicks), and AB 2097 (Friedman). These bills disregard local zoning and development standards, restrict local decision-making, and eliminate community input.

3. Infrastructure: Cal Cities is urging lawmakers to support AB 2120 (Ward), which would ensure 55% of the bridge funds headed to California through the federal infrastructure package are allocated to local projects through a needs-based allocation. This change would nearly double federal funding available to local bridges to an estimated $800 million annually. 2022 May Legislative Meeting Priority Highlights
ATTACHMENT #1
Item No.13B
www.calcities.org

4. Homelessness: Cal Cities is calling on lawmakers to support AB 2547 (Nazarian), SB 929 (
Eggman), and SB 1154 (Eggman), which would increase data to improve access to behavioral h
ealth services — especially for unhoused residents — and provide housing subsidies for vulnerable populations who are either experiencing homelessness or at imminent risk of ex
periencing homelessness.

5. Climate Resiliency: Cal Cities is a proud co-sponsor of AB 1985 (R. Rivas), which would create an on
line database of organic waste products on the market so local governments can connect with local farmers and community members seeking their organic waste products and continue to explore needed changes to the procurement requirement in the SB 1383 (Lara, 2016) regulations.

Item No.13B