An office environment has potential safety hazards that may result in injuries. The purpose of this section is to provide guidelines to avoid such injuries.
General
• • Ladders or step stools of appropriate design shall be provided and readily available as a means of reaching high files and shelves. No employee shall stand on a swivel or folding chair.
• • All hazards, such as sharp edges on file cabinets, loose carpets, faulty chairs, or any other conditions likely to do bodily harm shall be reported to the supervisor or Facilities.
• • Aisles shall be kept clear at all times of all obstructions.
Desks and File Cabinets
• • Whenever possible, arrange filing cabinets side by side. • • Close desk and file cabinet drawers when they are not in use to avoid limiting safe use of aisles. Avoid placing cabinets and files so that open drawers block aisles. • • Never stack separate two-drawer filing cabinets unless they are designed to be stacked and can be fastened together.
• • Do not stack bookcases or file cabinets on top of tables or desks unless designed for such use.
• • Never attempt to move heavy file cabinets without proper assistance.
Office Equipment
• • Office equipment shall be arranged to provide safe working conditions. • • Unless specifically trained in office equipment repair, do not attempt to repair or service malfunctioning equipment such as copiers, printers and fax machines, due to potential exposure to electrical hazards and hot surfaces. • • Electrical cords shall be maintained in such a manner as to present no tripping hazard.
• • Frayed or badly worn electrical cords shall be reported to the supervisor or Facilities.
• • Installation, repair, or maintenance of any office equipment shall be done only by a qualified person.
• • Hand paper cutters shall have the blade locked in down position when not in use.
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HOUSEKEEPING
Good housekeeping is always an aid to safety and efficiency. Each employee, in the course of their work, must regularly observe the following housekeeping rules:
• • Keep the work site clean and orderly.
• • Clean up oil, grease, mud, and litter from floors, walkways, and stairs. • • Keep emergency exits clear.
• • Clean up trash and debris before it begins to pile up. • • Never leave pipes, tools, planks or other equipment lying where someone could trip over them. Never let items block an exit, aisle or walkway.
ERGONOMICS
Ergonomics is the science dealing with the interaction between employees and their work environment. It is fitting the job to the person, not the person to the job. Improper use of tools, equipment and workstations can lead to injuries. Nearly all ergonomic injuries, if identified early, can be avoided. The City shall provide professional resources to evaluate an employee’s concern, at their supervisor’s request. The early evaluation of ergonomic hazards presents the best possible solution to minimize employee discomfort and fatigue.
VEHICLE USE
All employees shall understand and conform to the policies set forth by the City with regard to the use of City vehicles or their personal vehicles used in the course of official City business.
Driver Policy
To drive a City vehicle, employees must have the proper license(s) for the type of vehicle they are required to drive and shall maintain an acceptable driving record.
Drivers of City vehicles must maintain safe driving habits and comply with all traffic regulations. Drivers are personally responsible for any citations issued by law enforcement personnel arising from violation of these laws.
Drivers involved in a vehicular accident while driving a City vehicle, where the employee is determined to be at fault and/or in violation of the foregoing rules, may be subject to disciplinary action.
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Employees who hold commercial driver’s license or frequently drive a City vehicle shall be enrolled in the DMV’s “Employer Pull Notice” program. The DMV notifies the City when one of its enrolled drivers receives a citation, is involved in an accident, a notice of suspension, or other types of DMV actions that may impact the employee’s ability to drive during the course of their employment, and/or affect the City’s ability to insure the employee for automobile liability.
Driver Responsibility
• • Drivers of City vehicles shall maintain safe driving habits and observe all traffic regulations.
• • Drivers are responsible for the safety of their passengers. This includes the wearing of safety belts and, in the case of trucks, making sure they ride only in the vehicle compartment.
• • Drivers are responsible for keeping their vehicle clean and orderly. The passenger compartment, toolbox and truck bed shall be kept free of oily rags, waste, newspapers or other debris.
• • Trucks or trailers stopped on any public roadway shall be protected by warning lights or in accordance with the City’s “Traffic Safety” procedures. • • Trucks shall not be operated with tailgates down except where necessary to haul items longer than the bed of the truck. In these cases, material shall be secured and tailgates or loads should not obstruct view of license plates or lights. • • Before backing a vehicle, the driver shall determine that the space is clear. If another employee is available, he or she may assist in directing the vehicle during backing.
• • Drivers of cars, trucks, forklift equipment or other vehicles shall exercise maximum care to keep from running over electric extension cords, air hoses, and pipelines.
• • Drivers of large vehicles or equipment shall ensure they have adequate overhead clearance for electrical lines, tree branches and other overhead obstacles. • • All ignition systems shall be turned off and no smoking permitted while refueling.
• • Vehicles must be parked so they do not roll out of control. • • When returning to City property, vehicles should be parked in the areas designated for City vehicles.
Vehicle Inspection
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It is the driver’s responsibility to conduct a general pre-start vehicle inspection (oil, fuel gauge, tires, brakes, lights, horn, turn signals, and windshield wipers) prior to operation.
Any mechanical defect that affects the safe operation of the vehicle shall be reported at once to Fleet Services and the vehicle will be removed from service. Only authorized personnel shall make repairs to City vehicles.
Material hauled on City vehicles must be loaded or tied down sufficiently to prevent it from jarring loose or falling off. It is against City policy to carry or haul any hazardous materials that require manifesting and placarding.
Vehicle Accident Reporting Procedures
• • All accidents involving City-owned vehicles or mobile equipment which results in damage to City or other vehicles, real or personal property of others, or injury to any person, shall be reported the employee’s supervisor immediately. • • Drivers shall utilize the vehicle accident kit in each vehicle’s glove compartment to obtain instructions of what to do when involved in an accident. The driver shall fill out a City Vehicle Accident Report form and request to have a Traffic Collision Report taken by a peace officer.
• • As required by the California Vehicle Code, drivers shall exchange driver’s license, vehicle registration and evidence of insurance information with other parties involved in the accident.
• • Drivers or other employees shall not admit liability for damages or injuries when an accident occurs.
HAZARD COMMUNICATION
Many types of hazardous materials and substances may be found in City’s operations.
These materials can be in a gaseous, liquid, or solid state. By understanding some of the key properties of hazardous materials, they may be used and handled safely. This understanding is accomplished through proper evaluation, recognition, and control of hazardous materials. Proper storage of hazardous materials in approved containers, storage cabinets, secondary containment, and proper labeling of hazardous materials is also critical to avoiding injuries and assuring that environmental releases are prevented.
Labels
Labels listing the product name, manufacturer name and address, and appropriate hazard warning must be on containers of all hazardous materials or substances.
Depending on the quantities of some hazardous materials on City properties, NFPA 704 diamond labels may be necessary.
Material Safety Data Sheets (MSDS)
Information regarding ingredients, fire hazards, health hazards, special protection, and first aid are listed on individual MSDS. An MSDS for a specific product is available for employee review. Ask your supervisor for the nearest location of MSDS sheets.
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Training
Training shall be provided to employees in hazard communication who work with potentially hazardous substances. The training shall include the requirements of the Hazard Communication (Right to Know) standard; how to read MSDS materials; identification and location of hazardous substances; physical and health hazards of hazardous substances; methods to detect hazardous substances (appearance and odor); and, protective measures such as work practices, personal protective equipment, and emergency procedures to minimize or prevent employee exposure.
HAZARDOUS ENERGY CONTROL PROGRAM (LOCKOUT/TAGOUT)
Employees working on equipment that can be activated during maintenance or cleaning operations shall follow the procedures contained in the Hazardous Energy Control (LockOut/TagOut) policy. Hazardous energy can be electrical, steam, mechanical, or hydraulic. Before employees work on any mechanical equipment, the equipment shall be in a “zero energy” state.
MAINTENANCE AND MECHANIC SHOPS
• • Machines, benches and work areas should be kept clean and orderly and located to allow free handling of materials and equipment. Scrap and waste materials shall be placed in containers or specialized areas and disposed of frequently. • • To minimize tripping hazards in the shops maintain aisles and walkways, use marking tape to designate storage areas and walkways.
• • Employees must familiarize themselves with shop equipment before use, and turn off or disconnect the power before making adjustments to a piece of equipment. • • Bench and pedestal grinders must be equipped with tool/work rests and adjusted to clear the abrasive wheel by not more than 1/8 inch. • • Special storage requirements must be observed for gasoline, solvents, paints and other hazardous materials.
• • Shelves, bins and racks should be inspected periodically for integrity and not overloaded. Where practical, heavier objects should be located at lower levels. • • If work must be done under a raised vehicle, jack stands or wooden blocks shall be used in addition to the jack system.
• • When removing heavy parts such as engine heads and manifolds, employees should use mechanical assistance (forklift, wench, etc.) and/or request additional help.
STREET AND EXCAVATION BARRIERS
• • All barriers, markers and lights shall be maintained in good repair, be clean, and brightly painted to ensure high visibility.
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• • Placement of traffic cones, warning flags, barriers, and lights for street work shall be in accordance with Cal/OSHA regulations.
• • Work hours in heavy traffic areas shall be followed closely to minimize employee exposure and disruption of traffic flow.
• • City departments subcontracting any work or construction on City property or public right-of-way shall ensure that contracts specify the contractor's responsibility for strict adherence to all safety standards promulgated by state occupational safety and health laws.
PERSONAL PROTECTIVE EQUIPMENT
Employees shall use the appropriate personal protective equipment when necessary for safety.
Body Protection
Employees shall wear clothing appropriate for the work being done. Wearing tank tops or going shirtless is prohibited. Loose sleeves, tails, rings or jewelry or other clothing shall not be worn around machinery in which it might become entangled.
Eye/Face Protection
Employees working in locations where there is risk of receiving eye injuries from flying particles, hazardous substances, projections or injurious light rays shall wear appropriate eye/face protection. In most situations, ANSI-approved safety glasses/goggles and a face shield shall be worn. Welders and any attendants shall wear at a minimum #3 tint safety glasses. Signs shall be posted at areas where eye protection is required.
Fall Protection
Appropriate fall protection must be used at all times while employees are working at elevations greater than four feet above ground level that is not protected by handrails or guardrails.
Foot Protection
Steel-toed safety shoes are required safety equipment for many tasks involving heavy falling objects or crushing hazards to the toes and feet. In accordance with the MOUs, the City will contribute toward the purchase and/or replacement of safety shoes in the first quarter of each year.
Hand Protection
Hand protection may be required for employees whose work exposes their hands to hazardous substances, biological hazards, cuts or burns. Do not wear gloves around moving machinery. Germicidal soap shall be provided in work areas where employees may be exposed to biological hazards.
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Hearing Protection
Earplugs and earmuffs shall be worn in areas where noise levels exceed 90 dbA on an 8-hour time-weighted average. The hearing of all field employees with significant occupational noise exposure will be checked for a baseline upon initial placement into the hearing conservation program. Thereafter, annual audiometric tests will be conducted to see if there is any variation from the baseline level. In the event of a threshold shift in terms of hearing loss, the employee will be notified and counseled as to additional steps to protect their hearing.
Head Protection
Hard hats shall be worn in all designated or posted areas and anytime there is danger from flying objects, equipment or tools. When working in proximity to electrical sources, the risk of serious injury or electrocution shall be reduced by wearing nonmetallic hard hats.
Respiratory Protection
Approved dust, chemical or paint respirators shall be used for protection against harmful air contaminants that are at or above permissible exposure limits (PELs). Employees in the City’s Respiratory Protection Program shall be medically evaluated prior to being assigned a respirator, trained before first use of such equipment, and annually thereafter.
Skin Protection
Many City employees work outdoors where they are exposed to some amount of sunlight, which may involve exposure to ultraviolet light, a cause of skin cancer. To protect employees from this potentially dangerous disease, the City provides training and sunscreen lotion. Employees are highly encouraged to wear sunscreen whenever working outdoors.
HAND TOOLS
Many accidents result from improper use of tools, use of defective tools and equipment that were not in good condition, or tools not used for the purpose for which they were designed. Where proper and safe tools are not available for the work to be performed, the employee should report the fact to the immediate supervisor. In addition:
• • Tools that develop defects while in use should be removed from service and not used again until returned to good condition, repaired or replaced. • • Tools not in use should be returned to their designated storage space. • • Particular attention should be given to the placing of tools on overhead work to avoid the possibility of them falling or striking someone below.
PORTABLE POWER TOOLS
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Electrically-powered tools shall either be of the approved double insulated, be properly grounded, or used with ground fault interruption circuits. All electric cords shall be inspected before each use. Never remove safety guards from power tools. Never strain a power hand tool beyond its obvious capacity. 19
The exhaust from gasoline-powered engines and tools contains carbon monoxide, a poison which can cause illness, permanent neurological damage and death. Do not use or operate gasoline-powered engines or tools inside buildings or in partially enclosed areas unless the exhaust can be vented outdoors.
LADDERS
Serious injuries and fatalities are potential hazards associated with misuse of portable and fixed ladders.
• • Face ladder when climbing up or down.
• • Use both hands and always haul tools and equipment up with a hand line or tool belt.
• • Move ladder when necessary to avoid overreaching.
• • Inspect ladders for cracked side rails and rungs, broken spreaders, or other damage before use. If the ladder is damaged, take it out of service. • • Tie down the ladder at the top and bottom if there is a chance it might slip. • • Equip all portable ladders with safety foot-pads.
• • Use stepladders as stepladders and not straight ladders. • • Return ladders to proper storage area after use.
• • Do not use metal ladders around electrical equipment. • • Do not ascend higher than the third rung from the top on straight ladders, or the second tread from the top on stepladders.
• • Ladders should extend 36 inches beyond top of landing. • • Place ladders so that the bottom of the ladder is one-quarter height away from the building or wall.
ALCOHOL AND ILLEGAL DRUGS
This section applies to alcohol and to all substances, drugs, or medications, legal or illegal, which could impair an employee's ability to effectively and safely perform the functions of the job. An employee reasonably believed to be under the influence of alcohol or drugs is prohibited from engaging in further work duties and shall be monitored for a reasonable time until he or she can be safely transported from the work site. In no event should the employee be allowed to operate a vehicle while under the Item No.7N
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influence of alcohol or drugs including driving home from work. Refusal to submit immediately to an alcohol and/or drug analysis when requested by City management or law enforcement personnel shall constitute insubordination and may be grounds for discipline up to and including termination.
SMOKE FREE WORKPLACE
State and local legislation prohibits smoking in enclosed places of employment. The intent of these laws is to protect the health of people from second-hand smoke, a known cancer-causing agent. Smoking is not permitted in City buildings or vehicles. Smoking is not permitted within 20 feet of any of City’s building entrances, exits or air handling intakes.
VIOLENCE IN THE WORKPLACE
The City is committed to maintaining a workplace where all employees are treated with respect and dignity, and are free of violence, either by employees or the general public.
Any pushing, shoving, intimidating behavior, threatening language or assault/battery by an employee against another employee or a member of the public is prohibited. Any such action or behavior shall be reported to the appropriate supervisor or the Program Administrator immediately. The supervisor or Program Administrator may take appropriate disciplinary action in accordance with the City’s applicable Memoranda of Understanding.
Similar actions by a member of the general public on City property or against an employee in the course and scope of their employment with the City shall be reported to the employee’s supervisor and immediately forwarded to the Program Administrator or local law enforcement personnel.
PRACTICAL JOKES/HORSEPLAY
Practical jokes or horseplay with the potential for injury to employees while on the job is strictly prohibited. No employee shall distract the attention of another employee from his or her job in a manner which could cause injury.
CONTRACTORS/CONSULTANTS
As a condition of doing business with the City, all contractors who perform services and activities for the City shall conduct such services in a safe manner that complies with all applicable laws and regulations, and with the City’s health, safety and environmental rules. This requirement is intended to provide a safe workplace for both City and contractor personnel. A copy of the City’s IIPP should be made available to all contractors and consultants working on-site at City facilities.
SUMMARY
The purpose of this IIPP is to enable City management and their employees to communicate in an open, supportive manner and to work together in achieving a safe Item No.7N
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and healthful workplace. The benefits of promoting workplace safety are better employee morale, increased productivity, fewer lost workdays due to injuries, and lower Item No.7N
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APPENDIX III
System Security &
Emergency Preparedness
Plan
Division 077
July / 2021
www.mvtransit.com
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Section 1. Table of Contents
Section 1. Table of Contents......................................................................................................................1 Section 2. Foreward...................................................................................................................................3
2.1. Policy Statement 3
2.2. SSEPP Program Plan Revision History 4
2.3. Reference Documents 4
2.4. Glossary of Terms 6
Section 3. Introduction..............................................................................................................................9
3.1. Background 9
3.2. Authority 9
3.3. Purpose, Goals and Objectives of SSEPP Program 10
3.3.1 Purpose 10
3.3.2 Goals 11
3.3.3 Objectives 11
3.4. Scope 12
Section 4. Transit System Description .....................................................................................................13
4.1. Organizational Structure 13
4.2. Operating Characteristics and Service 13
4.2.1 Service Area 13
4.2.2 Service Design 13
4.3. Services and Facilities 14
4.4. Measures of Service 14
4.4.1 Methodology to Achieve SSEPP Goals 15
4.5. Hazard Identification and Resolution Process (MIL - 882D) 16
4.5.1 Hazard Identification 16
4.5.2 Hazard Assessment 17
4.5.3 Risk Assessment 18
4.6. Follow-Up 19
Section 5. SSEPP Program Roles and Responsibilities .............................................................................20
5.1. Philosophy 20
5.2. Division of Responsibilities 20
5.2.1 All Personnel 20
5.2.2 Senior Vice President of Safety & Training 21
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5.2.3 SSEPP Program Point of Contact (POC) 21
5.2.4 Location Safety Committee (LSC) 22
5.2.5 Supervisors 23
5.2.6 Bus Operators 24
5.2.7 Other Personnel 24
5.3. Responsibility Matrices 25
5.4. Existing SSEPP Capabilities and Practices26
5.5. Training and Exercising 27
5.6. Coordination with Local Public Safety Agencies 28
5.7. Coordination with Other Transit Providers 28
5.8. Security Incidents Trend Analysis 29
5.8.1 Facility Security 30
5.8.2 Vehicle Security31
5.8.3 Management Information Systems Security 32
5.9. Internal Security Practices 32
5.10. External Security Component 33
Section 6. Threat and Vulnerability Resolution Process..........................................................................34
6.1. Threat, Vulnerability and Consequence Identification and Resoulution 34
6.2. Threat and Vulnerability Identification 34
6.3. Threat and Vulnerability Assessment 35
6.4. All Hazards Threat and Vulnerability Identification and Analysis 36 Section 7. Evaluation and Modification of the SSEPP..............................................................................38
7.1. Evaluation 38
7.1.1 Internal38
7.2. Modification and Update 38
Section 8. Threat Levels and Alerts .........................................................................................................39
8.1. Homeland Security Advisory System (HSAS) for Transit 39
8.1.1 Low Condition (Green) 39
8.1.2 Guarded Condition (Blue) 40
8.1.3 Elevated Condition (Yellow) 40
8.1.4 High Condition (Orange) 41
8.1.5 Severe Condition (Red) 41
8.1.6 Active Incident 41
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8.1.7 Recovery Phase 42
8.2. Federal Bureau of Investigation Alerts 42
8.3. Public Transit Information Sharing and Analysis Center (PT-ISAC) 42
8.4. Homeland Security Information Network – Public Transit (HSIN-PT) 43 Section 9. Appendices .............................................................................................................................44
9.1. Appendix A Vehicle Safety Program Implications 44
9.2. Appendix B: Security Baseline Planning Worksheet 47
9.3. Appendix C: Emergency Response Planning, Coordination, and Training Considerations 50
9.4. Appendix D: Bomb Threat Checklist and Procedures 52
9.5. Appendix E : Types of Preparation Exercises 62
9.6. Appendix F: Reporting Criminal Activity 63
9.7. Appendix G: Emergency Action Plan 64
9.7.1 Elements 65
i. Emergency Escape Procedures and Routes 65
ii. Employee Accountability Procedures after Evacuations 65 iii. Rescue and Medical Duties 65
iv. Alarm System 66
v. Training 66
9.7.2 Emergency Shutdown Procedures 66
9.8. Appendix H – Chemical Hazard Communication Program Plan 69 Item No.7N
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Section 2. Foreward
2.1. Policy Statement
It is the objective of MV Transportation, Inc. (“MV”)to provide safe, secure and reliable service for its passengers and employees. To demonstrate this commitment, MV has developed this Security and Emergency Preparedness Program Plan.
MV has a sincere concern for the welfare and safety of its employees, contractors, and public safety partners, as well as the public it serves. The operation of MV requires a continual emphasis on security, from the procurement of new systems and equipment, through the hiring and training of employees, to the management of the agency and the provision of service. The security function must be supported by an effective capability for emergency response, both to support resolution of those incidents that occur on transit property and those events that affect the surrounding community served by MV.
This plan describes the policies, procedures and requirements to be followed by management, maintenance and operating personnel in order to provide a secure environment for agency employees, volunteers, and contractors, and to support effective emergency response. All personnel are expected and required to adhere to the policies, procedures, and requirements established herein and to properly and diligently perform security-related functions as a condition of employment or support for MV.
The security function must be supported by effective emergency response capabilities to ensure that security related incidents involving operations and services are responded to, resolved and recovered from quickly, safely and efficiently. To this end, MV management will provide leadership in promoting safety, security and emergency preparedness throughout the organization. The general manager and the management staff will be continually and directly involved in formulating, reviewing and revising security and emergency preparedness policies, goals and objectives.
All of MV’semployees are governed by the requirements and terms of this plan, and must conscientiously learn and follow prescribed security and emergency rules and procedures. Employees shall make safety a first concern when using equipment, tools and materials.They shall be properly trained in the work rules and procedures for their area(s) of responsibility, including contingency plans for abnormal and emergency conditions. Each employee shall take an active part in the identification and resolution of security concerns.
Supervisors shall actively participate in all activities regarding security and emergency preparedness; shall fully cooperate with the policies and objectives specified in this plan; and shall receive the full cooperation and support of executive management in their activities for improved security and emergency preparedness.
Note: The references herein to “MV” or “MV Transportation” describe MV Transportation, Inc., to include all its subsidiaries, joint ventures, partnerships, and affiliates.
2.2. SSEPP Program Plan Revision History
Date Revision Description of Change
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Names
This Plan must be updated annually.
2.3. Reference Documents
The following are resources used to develop the policies and procedures documented in this SSEPP :
Title: Transit System Security Program Planning Guide
Author(s): John Balog and Anne Schwarz
Year: 1994
Sponsoring Agency: Federal Transit Administration (FTA) Volpe Report #: DOT-VNTSC-FTA-94-01
DOT Number: FTA-MA-90-7001-94-1
NTIS Number: PB94-161973
Available: http://www.transit-safety.dot.gov
Title: Transit Security Handbook
Author(s): Annabelle Boyd and James Caton
Year: 1998
Sponsoring Agency: Federal Transit Administration (FTA) Volpe Report #: DOT-VNTSC-FTA-98-03
DOT Number: FTA-MA-90-9007-98-1
NTIS Number: PB98-157761
Available: http://www.transit-safety.dot.gov
Title: Critical Incident Management Guidelines
Authors: Annabelle Boyd and James Caton
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Year: 1998
Sponsoring Agency: Federal Transit Administration (FTA) Volpe Report #: DOT-VNTSC-FTA-98-05
DOT Number: FTA-MA-26-7009-98-1
Available: http://www.transit-safety.dot.gov
Title: Transit Security Procedures Guide
Author(s): John Balog and Anne Schwarz
Year: 1996
Sponsoring Agency: Federal Transit Administration (FTA) Volpe Report #: DOT-VNTSC-FTA-94-08
DOT Number: FTA-MA-90-7001-94-2 9
Available: http://www.transit-safety.dot.gov
Title: Emergency Preparedness for Transit Terrorism
Authors: Annabelle Boyd and John P. Sullivan
Year: 1997
Sponsoring Agency: Transportation Research Board
Report Number Transit Cooperative Research Program Synthesis Number 27 Web site: http://nationalacademies.org/trb/publications/tcrp/tsyn27.pdf Title: Perspectives on Transit Security in the 1990s: Strategies for Success Author(s): Annabelle Boyd and Patricia Maier
Year: 1996
Sponsoring Agency: Federal Transit Administration (FTA) Volpe Report #: DOT-VNTSC-FTA-96-02
DOT Number: FTA-MA-90-7006-96-01
NTIS Number: PB96-185871
Available: http://www.transit-safety.dot.gov
Title: Transit Security in the 90's
Author(s): Kathryn Powell and Annabelle Boyd
Year: 1996
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Sponsoring Agency: Federal Transit Administration (FTA) Keywords: Local transit-Security measures
Volpe Report #: DOT-VNTSC-FTA-96-11
DOT Number: FTA-MA-26-9009-97-01
NTIS Number: PB97-146989
Available: http://www.transit-safety.dot.gov
Title: Protecting Surface Transportation Systems and Patrons from Terrorist Activities – Volume One
Author: Brian Michael Jenkins
Year: January 1997
Sponsoring Agency: San Jose University, Mineta International Institute for Surface Transportation Policy Studies
Report Number: IISTPS 97-4
Full text available at: http://www.transweb.sjsu.edu/publications/terrorism/Protect.htm Title: Protecting Surface Transportation Systems Against Terrorism and Serious Crime – 2001 Update
Author: Brian Michael Jenkins
Year: October 2001
Sponsoring Agency: San Jose University, Mineta International Institute for Surface Transportation Policy Studies
Report Number: IISTPS 01-7
Full text available at: http://www.transweb.sjsu.edu/publications/terrorism/Protect.htm Title: Improving Transit Security
Authors: Jerome A. Needle and Renee M. Cobb, J.D,
Year: 1997
Sponsoring Agency: Transportation Research Board
Report Number Transit Cooperative Research Program Synthesis Number 21 Web site: http://nationalacademies.org/trb/publications/tcrp/tsyn21.pdf
2.4. Glossary of Terms
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Emergency: A situation which is life threatening to passengers, employees, or others, or which causes damage to any
transit vehicle or facility or results in the significant theft of services and reduces the ability of the system to fulfill its mission.
Safety Committee: A group of MV Transportation employees, including senior safety manager, division safety and
maintenance managers, division managers and
supervisors, and union representatives.
Fatality: A transit-caused death that occurs within 30 days of the transit incident.
Injury: Any physical damage or harm to a person that requires immediate medical attention and hospitalization.
Safety: Freedom from danger.
Security: Freedom from intentional danger.
Security Breach: An unforeseen event or occurrence that endangers life or property and may result in the loss of services or
system equipment.
Security Incident: An unforeseen event or occurrence that does not necessarily result in death, injury, or significant
property damage but may result in a minor loss of
revenue.
Security Threat: Any source that may result in a security breach, such as vandal or disgruntled employee; or an activity, such as an assault, intrusion, fire, etc.
System: A composite of people (employees, passengers,
others), property (facilities and equipment),
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environment (physical, social, institutional), and
procedures (standard operating, emergency operating,
and training) which are integrated to perform a
specific operational function in a specific
environment.
System Security: The application of operating, technical, and management techniques and principles to the security
aspects of a system throughout its life to reduce
threats and vulnerabilities at the most practical level and through the most effective use of available
resources.
Management:
An element of management that defines the system
security requirements and ensures the planning,
implementation, and accomplishments of system
security tasks and activities.
System Security
Program:
The combined tasks and activities of system security
management and system security analysis that
enhance operational effectiveness by satisfying the
security requirements in a timely and cost-effective
manner through all phases of a system life cycle.
Threat: Any real or potential condition that can cause injury or death to passengers or employees or damage to or loss
of transit equipment, property, and/or facilities.
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Threat analysis: A systematic analysis of a system operation designed to identify threats and make recommendations for
their elimination or mitigation during all revenue and
non-revenue operation.
Threat Probability: The probability a threat will occur. Threat probability may be expressed in quantitative or qualitative terms.
An example of a threat-probability ranking system is
as follows: (a)frequent, (b) probable, (c) occasional,
(d) remote, (e) improbable, and (f) impossible.
Threat Resolution: The analysis and subsequent action taken to reduce the risks associated with an identified threat to the
lowest practical level.
Threat Severity: A qualitative measure of the worst possible consequences of a specific threat:
Category 1 - Catastrophic. May cause death or loss of
a significant component of the transit system, or
significant financial loss.
Category 2 - Critical. May cause severe injury, severe
illness, major transit system damage, or major
financial loss.
Category 3 - Marginal. May cause minor injury or
transit system damage, or financial loss.
Category 4 - Negligible. Will not result in injury,
system damage, or financial loss.
Unsafe Condition
or Act: Any condition or act that endangers life or property.
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Vulnerability: Characteristics of passengers, employees, vehicles, and/or facilities that increase the probability of a
security breach.
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Section 3. Introduction
3.1. Background
Vulnerabilities of public agencies, and the communities they serve, to acts of terrorism and extreme violence have increased over time. Threat assessments issued by the Federal Bureau of Investigation (FBI) have consistently placed public transportation at the top of the critical infrastructure protection agenda, along with airports, nuclear power plants, and major utility exchanges on the national power grid.
To establish the importance of security and emergency preparedness in all aspects of our organization, MV has developed this System Security and Emergency Preparedness (SSEPP) Plan. This SSEPP outlines the process to be used by MV to make informed decisions that are appropriate for our operations, passengers, employees and communities regarding the development and implementation of a comprehensive security and emergency preparedness plan.
As a result of this plan, MV hopes to achieve not only an effective physical security program, but also to enhance coordination with the local public safety agencies. Better communication will increase awareness of MV’s resources and capabilities, and improve the company’s readiness to support efforts to manage community-wide emergencies.
In order to be effective, the activities documented in this SSEPP focus on establishing responsibilities for security and emergency preparedness, identifying our methodology for documenting and analyzing potential security and emergency preparedness issues, and developing the management system through which it can track and monitor progress in resolving these issues.
3.2. Authority
The authority for implementing the SSEPP resides with MV Transportation’s CEO and/or COO, MV employees, and the client.
This SSEPP has been developed in cooperation with the United States Department of Transportation’s Federal Transit Administration (FTA) and the FTA’sSystem Security and Emergency Preparedness Training and Technical Assistance Program. This Program supports efforts to address requests from the Department of Homeland Security and the administrator of the FTA to review the current levels of protection and to integrate security and emergency preparedness more fully into MV’s operations.
3.3. Purpose, Goals and Objectives of SSEPP
This plan demonstrates the process for addressing system security and emergency preparedness:
System Security – The application of operating, technical, and management techniques and principles to the security aspects of a system throughout its life to reduce threats and vulnerabilities at the most practical level and through the most effective use of available resources.
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Emergency Preparedness – A uniform basis for operating policies and procedures for mobilizing transit agency and other public safety resources to assure rapid, controlled, and predictable responses to various types of transit and community emergencies.
The SSEPP will support MV’sefforts to address and resolve critical incidents on its property and within its community.
Critical Incidents – may include accidents, natural disasters, crimes, terrorism, sabotage, civil unrest, hazardous materials spills and other events that require emergency response. Critical incidents require swift, decisive action from multiple organizations, often under stressful conditions. Critical incidents must be stabilized prior to the resumption of regular service or activities.
Critical incidents often result from emergencies and disasters, but can be caused by any number of circumstances or events. Successful resolution of critical incidents requires the cooperative efforts of both public transportation and community emergency planning and public safety agencies.
MV has established criteria for a critical incident:
Element of Definition Agency Threshold
Service Interruption Inability to provide service
Duration of Interruption
2 hours (system wide)
24 hours (single route)
Injuries and Fatalities
2 or more injuries requiring
hospitalization
1 or more fatalities
Dollar Amount of Property
Damage $25,000
3.3.1Purpose
The purpose of the SSEPP is to establish formal mechanisms to be used by all MV employees, and contractors in all departments to:
Identify hazards associated with MV Transportation systems. Eliminate, minimize or control these hazards.
Coordinate and establish system safety throughout the company.
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Provide a leadership safety document that is fluid and changing with our operating environments.
The SSEPP will be used as a means of preventing injuries, accidents and other losses. It demonstrates MV’s commitment to safety and compliance through loss prevention programs. The plan is consistent with federal, state and local regulations, and assures that industry standards are maintained in accordance with the SSEPP standards of the American Public Transportation Association (APTA) and the Federal Transit Administration (FTA).
3.3.2Goals
The overall goal of MV’s SSEPP is to establish the highest reasonable level of security that can be afforded to all passengers, contractors, employees, equipment and facilities. Specific goals of the SSEPP are as follows:
Identify, eliminate, minimize and/or control safety hazards and their associated risks.
Provide a superior level of safety in our transit operations. Support the safety efforts of the FCDOT.
Achieve and maintain a superior level of safety in the company’s work environment.
Comply with the applicable requirements of regulatory agencies. Develop relations and coordination with local law enforcement agencies and local and state government agencies.
3.3.3Objectives
Although every threat cannot be identified and resolved, MV can take steps to improve awareness, to better protect passengers, employees, facilities and equipment, and to stand ready to support community needs in response to a major event. To this end, the SSEPP has the following objectives:
Establish safety policies, procedures and requirements that integrate safety into decision-making and operations.
Define roles and responsibilities related to safety policies, procedures, and requirements.
Thoroughly investigate all accidents, fires, injuries and near misses. Identify, analyze and resolve all hazards in a timely manner.
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Meet or exceed safety requirements in specifications, equipment installation, system testing, and operations and maintenance. Meet or exceed safety requirements in vehicle operations and maintenance.
Evaluate and verify operational readiness of new contracts. Minimize bus and van system modifications on company vehicles in the operational stages by offering suggestions and information during the design and build stages.
Thoroughly evaluate the safety implications of all proposed system modifications prior to implementation.
Establish doctrines, standards and procedures for employee qualifications, selection, training and performance.
Develop a management structure to maintain, evaluate and modify the plan.
Enable employees, contractors, passengers and other personnel to identify criminal acts, suspicious activities and occurrences, or other security concerns within MV’s operations and to properly report and address such events.
Solicit security concerns from employees, contractors and passengers. Implement an annual security review and assessment process and verify adherence to MV’s security policies, procedures and requirements. Administer security-related training courses to address security threats and emergency response.
Limit security breaches and effectively resolve those that do occur. Thoroughly investigate all incidents involving security breaches or other security-related threats or vulnerabilities.
Thoroughly evaluate the security implications of all proposed system modifications before implementation and ensure that system modifications do not create new security risks.
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Address items covered by the TSA/FTA Security and Emergency Management Action Items for Transit Agencies.
Address items covered by the BASE, as applicable that are not already included above.
3.4. Scope
MV’s SSEPP is applicable to all aspects of our current service, ensuring that our operations, training, coordination with local public safety agencies, and general security and emergency preparedness planning address concerns resulting from heightened threat levels. Key elements of theSSEPP include:
An evaluation of our current capabilities to identify and prevent security incidents that may occur on our property.
Development of a vulnerability assessment program to identify our weaknesses and guide planning activities.
Improved physical security.
Review and expansion of our training program for security and emergency response.
Enhanced emergency planning and procedures development. Improved coordination with the public safety agencies in our service area.
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Section 4. Transit System Description
4.1. Organizational Structure
The following individuals are responsible for leading security initiatives in the company and for placement within the organization to support the security and emergency preparedness structure of MV Transportation, Inc.; including all employees, volunteers, and subcontractors:
CEO
COO
Group Presidents
Vice President
Maintenance Vice President of Safety & Training
Directors of Safety
Safety Manager
Managers
Location Safety
Committees (LSC)
4.2. Operating Characteristics and Service
4.2.1Service Area
MV operates transportation services in many communities across the nation for transit authorities, cities, counties, state agencies, private parties, and any other entities that desire high quality, cost effective transportation services. MV has become one of the largest transportation management firms in the United States.
4.2.2Service Design
MV provides the following types of services:
Fixed Route
Paratransit
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Shuttle Services (corporate and airport)
Demand Response
Route Deviation
Checkpoint Service
Zone Service
Vanpools
4.3. Services and Facilities
MV has been providing transit services since its inception in 1975; and has grown into one of the largest transportation contracting firms in the United States. The company is a professional and innovative contractor who supplies top quality, safe, and reliable transit service toour clients at a reasonable price.
Paratranist
MV has provided paratransit services since its company’s founding in 1975, predating theAmericans with Disabilities Act. MV’s experience in paratransit operations range from countywide ADA paratransit services to door-to-door stair-assist ADA paratransit services. Included in the scope of many of these services, MV operates reservations and dispatch call centers using a variety of different reservation and dispatch systems.
Fixed Route
MV’s fixed route services range from small employee shuttle bus services to large transit operations in major US cities. MV has helped its customers establish new services and expandexisting fixed route systems to further meet passenger demand.
Fleet Services
Most MV locations have a dedicated on-site maintenance shop. The shops are either owned by our clients or leased by MV.
4.4. Measures of Service
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Measure ofService Indicator Exposure
Fixed route Public bus stops, shelters, transit centers Paratransit Door-to-door, curb-to-curb, other
Special trip requests Outside public domain
Charter Outside public domain
Other Outside public domain
Multi-modal services Outside public domain
4.4.1Methodology to Achieve SSEPP Goals
The methodology used in achieving SSEPP goals and objectives involves having all of MV’s personnel take into consideration the safety implications of their decisions and actions. It uses a proactive approach that stresses looking at systems and proposed modifications to these systems from a safety perspective before losses occur.
The SSEPP attempts to accomplish this through the following five steps:
1. Gaining an understanding of system functions and the interrelationships among them.
2. Identifying the critical elements and steps necessary to ensure that existing or planned systems achieve the desired level of safety.
3. Establishing a process in which management controls are used to ensure these safety critical elements and steps are consistently carried out.
4. Monitoring systems to ensure compliance with these requirements.
5. Improving the process by reviewing the effectiveness of management controls in achieving the desired level of safety, and modifying safety critical elements and steps on a continuing basis.
While these five steps describe the methodology of the SSEPP, they also can be used at any level of the organization as a means of maximizing the safety of all systems. The safety committee has a role in executing the functions necessary to carry out this methodology, as do all departments and divisions.
Specific safety-related tasks of the safety committee are as follows:
Coordinate safety activities of the company.
Meet to evaluate and resolve system safety issues that have not been resolved at the department level.
Conduct monthly meetings.
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Assign its members, as well as other departments, tasks as necessary to address system safety issues.
Assist in the investigation of accidents and incidents as appropriate or requested by management or asafety committee member.
Review maintenance records and failure reports to identify safety problems related to maintenance activities.
Evaluate proposed system modifications from a safety perspective. Upon request, evaluate hazard resolutions proposed by other organizational units.
Use committee consensus to develop hazard resolutions. Bring feedback from department subcommittees to the safety committee. Report activities of the safety committee to MV senior management, and the FCDOT as needed.
4.5. Hazard Identification and Resolution Process (MIL - 882D)
The process of identifying and resolving hazards in the system is based on the FTA and APTA’s adaptation of U.S. Military Standard MIL-882D. It involves three stages: hazard identification, hazard assessment and hazard resolution. A description of this process follows:
4.5.1Hazard Identification
Hazard identification is a process whereby an attempt is made to discover conditions in the system which, if not altered have the potential to cause accidents, injuries or other losses. All employees are charged with the responsibility of identifying and reporting conditions that have the potential to cause accidents, injuries or other losses. These conditions may be found in the form of physical hazards, unsafe actions, and policies that create or fail to recognize hazards. There also may be certain employees who, through periodic field observations, review of incident and complaint data, and performance and complaint records, are identified as needing special counseling, retraining or reassignment.
Potentially hazardous conditions also may be identified through other means, including those listed below:
Reports from passengers and other individuals through contact with our client customer service, field personnel, or management personnel.
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Reports from operators and other field personnel regarding hazards associated with agency vehicles, schedules, routes, policies and procedures.
Reports from maintenance personnel regarding equipment and facilities maintenance hazards.
Investigation and review of accidents and incidents by safety personnel. Collection and analysis of accident statistics and risk management information systems data regarding safety, accident rates and claims reports.
Safety audits performed by knowledgeable system personnel. Information, experiences and ideas from support departments. Observations of facilities and operations in the workplace, including offices, by agency personnel.
Conditions that have been identified as hazardous or potentially hazardous are reported to the department head and the MV safety committee. The report may be made verbally or by use of a Hazard ID Form. If the department has not been able to correct the condition within 30 days of receipt of the verbal or written report, the item is placed on the agenda of the next meeting of the safety committee.
4.5.2Hazard Assessment
Hazard assessment involves determining whether assuming some or all of the risk associated with a particular hazard would be acceptable and whether corrective action is called for. It involves hazard severity, hazard probability and risk assessment.
Hazard Severity
Hazard severity is a subjective measure of the worst credible mishap that could be expected to result from human error, environmental conditions, design inadequacies, subsystem or component failure or malfunction, Item No.7N
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and/or procedural deficiencies. Using U.S. Military Standard MIL-882D, the safety committee assigns one of four severity categories:
Hazard Severity Table
Category Description
1 – Catastrophic Death or system loss
2 – Critical Severe injury, severe occupational
illness or major system damage
3 – Marginal Minor injury, occupational illness or
system damage
4 – Negligible Less than minor injury, occupational
illness or system damage
Hazard Probability
The likelihood that a hazard will be experienced during the planned life expectancy of the system can be estimated in potential occurrences per unit of time, events, population, items or activity. The probability may be derived from research, analysis and evaluation of historical safety data.
Hazard probabilities are ranked as shown in the following table:
Hazard Probability Table
Probability Level Description
A – Frequent Likely to occur frequently. Continually experienced in the fleet/inventory.
B – Probable Likely to occur several times in life of an item.
Likely to occur frequently in the fleet/inventory.
C – Occasional Likely to occur sometime in life of an item.
Likely to occur several times in the fleet/inventory.
D – Remote Unlikely, but possible to occur in the life of an item.
Reasonably expected in the fleet/inventory.
E – Improbable So unlikely, occurrence is not expected.
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Unlikely to occur, but possible in the
fleet/inventory.
4.5.3Risk Assessment
After assessment of the severity and probability of a hazard, key departments and the safety committeewill use a standard analysis. A determination will be made regarding acceptance of the risk or taking corrective action. Risk assessment issues of significant impact will be submitted to thevice president of safety. This procedure also will be followed if there are issues where there is a lack of consensus by the department involved and the safety committee.
Risk Assessment Frequency/Severity Matrix
Severity
Frequency
1 Catastrophic
2 Critical
3 Marginal
4 Negligible
A – Frequent 1/A 2/A 3/A 4/A
B – Probable 1/B 2/B 3/B 4/B
C – Occasional 1/C 2/C 3/C 4/C
D – Remote 1/D 2/D 3/D 4/D
E – Improbable 1/E 2/E 3/E 4/E
Hazard Resolution
After the risks are assessed, a plan is developed for resolution. There are essentially four choices in the hazard resolution process, as shown in the Hazard Resolution Table below.
Hazard Resolution Table
Severity / Frequency Resolution
1/A | 1/B | 1/C | 2/A | 2/B | 3/A
|
Unacceptable - correction required.
1/D | 2/C | 2/D | 3/B | 3/C | Unacceptable - correction may be required after review by General Manager.
1/E | 2/E | 3/D | 3/E | 4/A | 4/B
|
Acceptable - with review by Project Manager
4/C | 4/D | 4/E | Acceptable - without review.
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The following hierarchy is used to eliminate or control hazards in the system:
Design for Minimum Risk. Provisions are made in all designs for the identification and elimination of hazards through appropriate safety design concepts, such as fail-safe designs and redundancy. If the identified hazards cannot be eliminated, they are controlled through reducing the risk to an acceptable level.
Use of Safety Devices. Hazards that cannot be eliminated through design selection are reduced to an acceptable level of risk through the use of fixed, automatic, or other protective safety design features or devices. The design provides for periodic functional checks of safety devices.
Use of Warning Devices. When neither design nor safety devices can effectively control an identified hazard, devices are used to provide timely detection of the hazard and to generate adequate warning signals. The application of these devices shall be designed to minimize the probability of incorrect reaction to the warning by employees or other individuals.
Provide Special Procedures. Where it is impossible to eliminate or adequately control hazards through design, safety devices or use of warning devices, procedures and training are used to control the hazard.
Precautionary notation is standardized and safety-critical tasks require certification through completion of MV-approved training courses.
4.6. Follow-Up
Follow-up of implemented resolutions is the responsibility of both the safety department, and the involved department(s). Two primary methods are used:
Statistical Analyses: Careful review of safety data, such as accident reports, claims, customer complaints, etc., should continue for an acceptable time period after the implementation of a hazard resolution.
Comparison of “before-and-after” statistics also can provide confirmation.
Audits. Auditing of the implementation resolution, including selective interviewing of involved parties, surveillance, blind studies and use of inspectors. If the resolution is not fulfilling the original objective or if implementation is inadequate, the safety department will be responsible for taking appropriate action.
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Section 5. SSEPP Program Roles and
Responsibilities
5.1. Philosophy
MV hopes to ensure that, if confronted with a security event or major emergency, personnel will respond effectively, using good judgment, ensuring due diligence, and building on best practices, identified in drills, training, rules and procedures.
This level of proficiency requires the establishment of formal mechanisms to be used by all personnel to identify security threats and vulnerabilities associated with MV Transportation operations, and to develop controls to eliminate or minimize them. SSEPP also requires MV Transportation process for:
Coordinating with local law enforcement and other public safety agencies to manage response to an incident that occurs on a transit vehicle or affects transit operations, and
Identifying a process for integrating MV Transportation resources and capabilities into the community response effort to support management of a major event affecting the community.
Management expects all employees, and contractors, especially those working directly with passengers, to support the SSEPP.
5.2. Division of Responsibilities
5.2.1All Personnel
MV personnel must understand and adopt their specific roles and responsibilities, as identified in the SSEPP, thereby increasing their own personal safety and the safety of their passengers, during normal operations and in emergency conditions.
To ensure the success of the SSEPP, the following functions must be performed by MV Transportationpersonnel:
Immediately reporting all suspicious activity, no matter how insignificant it may seem, to the general manager or his/her designee. Immediately reporting all security incidents.
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Using proper judgment when managing disruptive passengers and potentially volatile situations.
Participation in all security and emergency preparedness training, including drills and exercises; with at least one drill performed annually at each division.
Becoming familiar with, and operating within all security and emergency preparedness procedures for the assigned work activity. Notifying the general manager or his/her designee when a physical or mental condition, or required medications or therapies, may impair an individual’s ability to perform security or emergency preparedness functions.
Accurately completing “employee statements” on appropriate reports.
5.2.2Senior Vice President of Safety & Training
Under the authority of the MV’s Board of Directors and the chief operating officer (COO), the senior vice president safety has the overall authority to develop and execute the agency’s SSEPP . Ultimate accountability for implementation of the SSEPP rests with the MV’sgeneral managers at the divisions. In addition, the general manager is responsible for the following specific activities at their division:
Ensuring that sufficient resources and attention are devoted to the SSEPP, including:
― Implementation of standard localized operating procedures related to employee security duties.
― Enforcement of company safety and security regulations at their division.
― Implementation of emergency operating procedures to maximize transit response effectiveness and minimizing system
interruptions during emergencies and security incidents.
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― Provision of proper training and equipment to division employees to allow an effective response to security incidents and emergencies.
― Ensuring all employees receive security awareness training. ― Annual drills to measure effectiveness.
Development of a localized effective notification and reporting system for security incidents and emergencies.
Designating a point of contact (POC) to manage the SSEPP (this could be the operations manager or location safety manager).
Communicating security and emergency preparedness as top priorities to all employees.
Developing relations with outside organizations that contribute to the SSEPP, including local public safety and emergency planning agencies. Establishing and implementing a voluntary location safety committee (LSC).
5.2.3SSEPP Program Point of Contact (POC)
To ensure coordinated development and implementation of the SSEPP, thesenior vice president of safety and general manager has designated Safety Manager as the Security and Emergency Preparedness Point of Contact (POC) for development and implementation of the SSEPP. The POC, who reports directly to the general manager has been granted the authority to use MV’sresources to develop the SSEPP, and to monitor its implementation, and to ensure attainment of security and emergency preparedness goals and objectives.
The POC has the responsibility for overseeing the SSEPP on a daily basis.
The POC will be the direct liaison with the division’s operators and dispatchers, regarding the plan. The POC will also serve as the TO Transit primary contact with MV. To the extent that liaison is necessary with state and federal agencies, the POC will serve as the lead liaison for the agency.
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The POC will also be responsible for the security-related agenda items for location safety committee meetings and actions. In managing the program, in concurrence with the client, the POC will:
Be responsible for successfully administering the SSEPP and establishing, monitoring, and reporting on the system’s security and emergency preparedness objectives.
Review current agency safety, security and emergency policies, procedures, and plans, and identifying needed improvements. Develop and implement plans for addressing identified improvements. Coordinate with local public safety agencies, local community emergency planning agencies, and local human services agencies to address security and emergency preparedness; including participation in formal meetings and committees.
Develop, publish, and enforce reasonable procedures pertinent to agency activities for security and emergency preparedness.
Provide adequate driver training and continuing instruction for all employees,and contractors regarding security and emergency preparedness.
Review new agency purchases to identify security related impacts. Ensure performance of at least one (1) emergency exercise annually.
5.2.4Location Safety Committee (LSC)
Given the nature and scope of the MV’s operations, it has been determined that a separate security committee is unnecessary. As a continuing responsibility of the LSC, there will be a permanent agenda oriented toward security and emergency preparedness matters, ranging from comments on the management of the SSEPP to liaison with public agencies and feedback from employees. It will also be an ongoing part of the security agenda to determine the level of compliance with agency policies, rules, regulations, standards, codes, procedures, and to identify Item No.7N
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changes or new challenges as a result of incidents or other operating experience.
The POC will be responsible for managing the security agenda during the LSC meetings. When appropriate, members of local fire and police departments will be invited to participate in the security portion of the safety committee meetings.
The LSC provides the primary mechanism through which the division:
Identifies security conditions and problems at the agency. Organizes incident investigations and develops and evaluates corrective actions to address findings.
Obtains data on agency security performance.
Develops strategies for addressing agency security problems. Coordinates the sharing of security responsibilities and information. Manages the integration of security initiatives and policies in agency operations.
Evaluates the effectiveness of the security program.
Ensures document reviews and configuration management. Manages the development and revising of agency policies, procedures, and rulebook.
Coordinates interaction with external agencies.
The LSC also ensures that all agency employees, and contractors:
Have a full knowledge of the security program and emergency preparedness programs.
Make security and emergency preparedness a primary concern while on the job.
Cooperate fully with the agency regarding any incident investigation. Raise security and emergency preparedness concerns.
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5.2.5Supervisors
Supervisors are responsible for communicating the transit agency’s security policies to all employees, and contractors. For this reason, supervisors must have full knowledge of all security rules and policies.
Supervisors must communicate those policies to MV operations personnel in a manner that encourages them to incorporate SSEPP practices into their everyday work. The specific responsibilities of supervisors include the following:
Ensuring that drivers make security and emergency preparedness a primary concern when on the job.
Cooperating fully with the SSEPP regarding any accident investigations as well as listening and acting upon any security concerns raised by the drivers.
Immediately reporting security concerns to the general manager. Having full knowledge of all standard and emergency operating procedures.
In addition, when responding to an incident, supervisors are expected to:
Provide leadership and direction to employees during security incidents. Handle minor non-threatening rule violations.
Defuse minor arguments.
Determine when to call for assistance.
Make decisions regarding the continuance of operations. Respond to fare disputes and service complaints.
Respond to security related calls with police officers when required, rendering assistance with crowd control, victim/witness information gathering, and general on-scene assistance.
Complete necessary security related reports.
Take photographs of damage and injuries.
Coordinate with all outside agencies at incident scenes.
5.2.6Bus Operators
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In addition to the general responsibilities identified for all personnel, bus operators are responsible for exercising maximum care and good judgment in identifying and reporting suspicious activities, in managing security incidents, and in responding to emergencies. Each operator will:
Take charge of a security incident scene until the arrival of supervisory or emergency personnel.
Collect fares in accordance withcontract and/or divisionpolicy. Attempt to handle minor non-threatening rule violations. Respond verbally to complaints.
Attempt to defuse minor arguments.
Determine when to call for assistance.
Maintain control of the vehicle.
Report all security incidents to agency dispatch.
Complete all necessary safety-related reports support community emergency response activities as directed by MV policies and procedures.
5.2.7Other Personnel
Other personnel who support MV also have responsibilities for the SSEPP Program.
Dispatchers are expected to:
Receive calls for assistance.
Dispatch supervisors and emergency response personnel. Coordinate with law enforcement and emergency medical service communications centers.
Notify supervisory and management staff of incidents. Establish on-scene communication.
Complete any required safety-related reports.
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Provide direction to on-scene personnel.
Mechanics (including contractors) are expected to:
Report vandalism.
Report threats and vulnerabilities of vehicle storage facilities. Provide priority response to safety and security critical items such as lighting.
Maintain facility alarm systems.
Human Resources personnel are responsible for:
Ensuring all pre-employment screening processes are carried out effectively.
Notifying the executive director of employee disciplinary action that may result in the affected employee becoming a risk to MV facilities, systems, passengers, employees, or other assets.
Educating employees on employee identification policy and procedure.
Communications (Marketing-Customer Service-Community Relations) are responsible for:
Requesting assistance from transit public safety resources as needed for special events, usually from our client(s).
Providing insight into potential threats and vulnerabilities through feedback from customer focus groups and other information sources. Designating a public information officer (PIO) for media contact regarding security incidents and issues.
Coordinating community oriented policing efforts and programs with officers assigned to community oriented policing duties by the public safety and security administrator.
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5.3. Responsibility Matrices
The operation of MV’s servicesrequires a continual emphasis on security, this includes: procurement of new systems and equipment, hiring and training of employees, management of the agency and the provision of service, and the rehabilitation and disposal of existing equipment and facilities. The security function must be supported by an effective capability for emergency response, both to support resolution of incidents which occur on transit property and events which affect the surrounding community served by MV.
Tasks have been identified to provide direction in implementation of this SSEPP. These tasks are on-going and are considered minimum requirements. Tasks are identified in the matrices below. Also identified is the organizational/participant responsibilities for each task, as designated by the following code:
P Primary Task Responsibility. The identified participant(s) is (are) responsible for the preparation of the specified documentation.
S Secondary or Support Responsibility. The identified participant(s) is (are) to provide the necessary support to accomplish and document the task.
R Review/Comment Responsibility. The identified participant(s) is (are) to review and provide comment on the task or requirement.
A Approval Responsibility. The identified participant is to review, comment and subsequently approve the task or requirement.
A security task matrix should be presented showing interfaces with other units and the key activities required, including the frequency of those activities
System Security
System Security Tasks GM POC Safety
Committee
Ops &
Maint.
Supervisor Dispatch Frequency
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Emergency Preparedness
5.4. Existing SSEPP Capabilities and Practices
A summary of the existing proactive methods, procedures, and actions to prevent, deter, or minimize security incidents include:
Emphasis on agency personnel awareness.
Participation in security awareness training.
Host annual meeting with local law enforcement.
Annual meeting with local emergency management agency. Analysis of security incidences and suspicious activity to determine a proper course of action including:
― Identifying potential and existing problem areas.
― Developing action plans.
― Implementing the plans.
― Measuring results.
Conduct criminal
background investigatgions
of employment applicants
X
Conduct facility walk around
inspections
X X X
Check division security
equipment such as cameras,
fences, gates, lighting, etc.
X
Check and challenge unkn
own personnel on property
X
Emergency Preparedness GM POC Safety
Committee
Ops &
Maint.
Supervisor Dispatch Frequency
Meet and look at security /
emergency plan
X Quart.
Conduct division security /
Emergency awareness drill
X X Y, AR
Update and maintain
emergency response plan
X X
Check emergency
preparedness inventory
items
X X X
Investigate any suspicious
activities or unusual events
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Review of transit agency emergency plans.
Review of MV documentation on system security and emergency preparedness.
Evaluation of security/emergency response procedures for completeness and accuracy.
A summary of other existing proactive actions and systems to prevent, deter or minimize security incidences includes:
Conducting security surveys with local law enforcement as a formal threat and vulnerability analysis process.
Local police notification/participation in employee discharge and/or discipline process as needed.
Evaluation of security/emergency response procedures for completeness and accuracy.
Participation by local law enforcement in training of new drivers as requested to increase awareness in security matters.
Presentations by local police and transit agency personnel to employees, the public or other groups interested in transit security matters. Development and distribution of crime prevention information on agency brochure for passengers and the public.
5.5. Training and Exercising
The division should formulate SSEPP training and exercising plan, taking into account the considerations identified below:
This section should describe basic and refresher security and emergency related training programs for personnel with associated responsibilities Description of all security-related training including refresher for nonsecurity staff provided, including content, duration, grading standards, and maintaining course content for each training class. Description of the process used to identify security-related training needs, to develop and present training classes, and to determine qualifications for instructors.
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This section should explain how MV determines what training to offer and ensures that all individuals are trained appropriately. This should include a discussion of the required qualifications for instructors
5.6. Coordination with Local Public Safety Agencies
Identify (by name and contact number) the local law enforcement, fire services, emergency medical services, and emergency planning agencies within the transit agency’s service area To support improved emergency and incident preparedness and response, MV Transportation, Inc. will participate in, at a minimum, one exercise or drill with local public safety organizations in order to:
Review current plans and policies.
Identify current security and emergency considerations. Develop procedures, if necessary.
Establish and maintain ongoing communication.
5.7. Coordination with Other Transit Providers
Identify (by name and contact number) transit agencies or other contract providers within your county or neighboring counties that may need to be contacted in the event of a critical incident.
Security Incident Recording
The safety manager records all criminal activity that takes place on the system. Much of what the agency records is also reported to the National Transit Database (NTD) on a periodic basis. The NTD’s guidelines for what activities to report and when are found at http://www.ntdprogram.gov/ntdprogram/safety.htm. The safety manager completes a standardized report that identifies all significant security incidents involving transit agency staff, contractors, patrons, equipment or facilities. This standardized form including the crime results from the previous calendar year is shown on the Reported Transit Crimes form below.
Reported Transit Crimes
Security Incident Number of Occurrences
Bomb threat 0
Bombing 0
Terrorism-related
incidents
Chemical/biological/radiological/nuclear (CBRN)
release
0 Other system security
incidents
Arson 0
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Security Incident Number of Occurrences
Sabotage 0
Hijacking 0
Cyber security event 0
Aggravated assault 0
Burglary 0
Fare evasion1 0
Forcible rape 0
Larceny/theft 0
Homicide 0
Motor vehicle theft 0
Robbery 0
Suicide 0
Trespassing1 0
Other personal
incidents
Vandalism1 0
5.8. Security Incidents Trend Analysis
MV has developed internal metrics to facilitate trend analysis. The results of the analysis can assist the division in allocating resources and supporting security enhancements and fixed site improvements.
Using the annual standardized form, the safety manager records all significant security incidents on a year-by-year basis to identify trends in criminal activity. The results of the analysis are contained in Transit Crime Trends form below.
1Report only those incidents that result in arrests.
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Transit Crime Trends
Number of Occurrences
Security Incident
2019 2020 2021
Percentage
Change
Bomb threat 0 0 0
Bombing 0 0 0
Terrorismrelated
incidents
CBRN release 0 0 0
Arson 0 0 1
Sabotage 0 0 0
Hijacking 0 0 0
Other system
security
incidents
Cyber security 0 0 0
Aggravated
assault
0 0 0
Burglary 0 0 0
Fare evasion1 0 0 0
Forcible rape 0 0 0
Larceny/theft 0 0 0
Homicide 0 0 0
Vehicle theft 0 0 0
Robbery 0 0 0
Suicide 0 0 0
Trespassing2 0 0 0
Other
personal
incidents
Vandalism2
2Report only those incidents that result in arrests.
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5.8.1Facility Security
Crime and terrorism prevention in the transit environment begins with the securing of facilities where passengers are present, where personnel work and where vehicles are stored. This requires a keen awareness of security issues and close cooperation among all levels of transit personnel. MV’s facilities have security features to limit the chances of a security breach or attack on the system. For a more detailed description of the security functions, capabilities and provisions that are common at each facility, see the Facility Security Features form below.
Facility Security Features
External
Fencing X
Lighting X
Sensors
Guard post
Gate arms X
Motion detectors
Burglar systems
Intrusion alarms
Closed-circuit TV (CCTV) X
Public address systems
Panic button (to police or security)
Card or controlled access X
Law enforcement presence (24/7)
Security guard presence (off-hours)
Law enforcement patrol X
Law enforcement canine patrol
Internal
Intrusion alarms
Motion detectors
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Closed-circuit TV (CCTV)
Card or controlled access X
Public address systems
5.8.2Vehicle Security
MV has implemented some security features and practices for increasing the safety and security of its vehicles. In addition to security equipment, vehicle operators are currently required to perform inspections on their assigned vehicles at the beginning and end of each work shift. The inspection checklists are tailored for each vehicle and reviewed daily by maintenance personnel who are responsible for correcting problems. The inspections include but are not limited to identification of suspicious packages.
Vehicle Security Features
Security features Rail cars Buses Support
Vehicles
Automatic vehicle location (AVL)
system X
Global positioning system (GPS) X
Radios X
Direct phone
Covert or silent alarms X
Radio speakers X
Driver’s only speakers
Onboard cameras (audio
capable) X
Audio microphones X
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5.8.3Management Information Systems Security(MISS)
MV’s information technology (IT) team maintains a firewall-protected intranet system for management and other personnel. MV has procured standard virus protection software and firewalls to protect its information technology infrastructure. For security purposes, the MISS team maintains a list of the users who have access to the system. Additionally, the system requires each employee to enter a username and password at log-in.
5.9. Internal Security Practices
This SSEPP includes internal security practices and procedures that are adhered to by all employees and contractors. Specific components deal with the personnel hiring and termination process, personnel identification and access control, and security awareness. Most requirements are directed toward the agency’s employees and its contractor staff; however, some of these requirements apply to subcontractors, vendors, building tenants, visitors and patrons. The Security Procedures form below identifies which security procedures MV has in place.
Security Procedures
Security Procedures Security Procedures
Exist? Source Document
Background investigation3 X
Badging and uniforms3 X
Communication with passengers X
Identifying suspicious behavior X
Passenger and baggage screening4
Safe mail package handling
3Refer to TSA guidance document titled “Additional Guidance on Background Checks, Redress and Immigration Status” (http://www.tsa.gov/assets/pdf/guidance_employee_background_checks.pdf) 4Ensure that procedures are ADA compliant and therefore consider and include passengers with disabilities, the elderly and their baggage.
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Sensitive security information
Security procurement language checklist
Termination
Trash container procurement and
placement
Unattended items
Vehicle security sweeps
5.10. External Security Component
The interface between MV and other local, state and federal governmental agencies exists on all levels. These interfaces and relationships ensure that communications are ongoing and that the development and implementation of various security-related activities occur, including exercises, simulations, drills and training.
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Section 6. Threat and Vulnerability Resolution
Process
6.1. Threat, Vulnerability and Consequence
Identification and Resoulution
The inherently open nature of transit systems can be exploited by criminals, terrorists or other adversaries to commit crimes, acts of violence and other malicious and destructive acts. The greatest vulnerability and challenge faced by most transit systems with regard to security is how to maintain an open and inviting environment that is easily accessible to all members of the public while concurrently maintaining a level of security that prevents or minimizes, to the greatest extent possible, the occurrence of such acts throughout the system. Key steps to prevent, minimize and prepare for criminal and/or terrorist acts within or directed toward the agency’s operations and services are designed to do the following:
Identify potential threats facing the agency.
Identify vulnerabilities within transit operations and services that may be exploited to carry out these threats.
Analyze the potential impacts of each threat and vulnerability scenario. Develop and implement corrective actions and countermeasures to eliminate, minimize or otherwise prepare for attacks.
Protect against identified threats and vulnerabilities.
6.2. Threat and Vulnerability Identification
Threat and vulnerability assessment offers MV the ability to identify critical assets and their vulnerabilities to threats, to develop and implement countermeasures, and to monitor and improve program effectiveness. This analysis is guided by clear investigation of three critical questions:
Which assets can we least afford to lose?
What is our responsibility to protect these assets?
Where do we assume total liability for risk, and where do we transfer risk to local public responders, technical specialists, insurance companies, and the Federal Government?
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The primary method used by MV to identify the threats to the transit system and the vulnerabilities of the system is the collection of incident reports submitted by drivers and supervisors and information provided by local law enforcement and contractors.
Information resources include the following:
Operator incident reports.
Risk management reports.
Bus maintenance reports.
Marketing surveys.
Passengers’letters and telephone calls.
Management's written concerns.
Staff meeting notes.
Statistical reports.
Special requests.
Type of incidents.
― Crimes against persons.
― Crimes against property.
― General incidents.
Disposition of incidents (same as disposition of call for service).
The safety manager will review security information resources and determine if additional methods should be used to identify system threats and vulnerabilities such as a formal evaluation of the program to ensure that security procedures are maintained and that security systems are operable.
Security testing and inspections may be conducted to assess the vulnerability of the transit system.
Testing and inspection includes the following three-phase approach:
Equipment preparedness:To ensure that security equipment is operable and in the location where it belongs.
Employee proficiency: To ensure that employees know how and when to use security equipment.
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System effectiveness: To evaluate security by employing security system exercises.
6.3. Threat and Vulnerability Assessment
The threats which are most likely to occur include the following disruptive incidents:
Drunkenness.
Disorderly conduct.
Disputes.
Minor assaults.
Vandalism.
Inclement weather.
Other potential occurrences include:
Fare evasion.
Loud radios/behavior.
Smoking.
Littering.
Eating/drinking.
Using the table below, the safety manager can make an assessment concerning how susceptible each system element of MV is to each listed threat.
The safety manager uses a scale of 1 to 4 for ranking each system element’s vulnerability, one being the lowest (or not vulnerable), to four being the most vulnerable.
Threats
System
Elements
Eating &
Drinking
Disputes Intoxication Minor
Assaults
Vandalism Inclement
Weather
Smoking
Vehicles 1 1 1 1 1 1 1
Office
Personnel 1 1 1 1 1 1 1
Drivers 1 1 1 1 1 1 1
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When considering threat and vulnerability resolutions and the prevention of incidents,the safety manager will review current methods to determine if additional means can be identified to address security risks through three possible alternative approaches:
Eliminate.
Mitigate.
Accept.
Each approach will be investigated by the safety manager to determine and develop a course of action acceptable by MV’s management.
6.4. All Hazards Threat and Vulnerability Identification and Analysis
Threat analysis is a process that enables transit systems to “define the level or degree of the threats against a facility by evaluating the intent, motivation, and possible tactics of those who may carry them out.” Vulnerability analysis is described by the FTA as a process that can be used by transit systems to identify “specific weaknesses with respect to how they may invite and permit a threat to be accomplished.”
Through these forms of analysis, transit systems are able to better identify and evaluate the securityrelated risks that exist not only within their systems, but also within the operating environments and surrounding communities through which their services are provided. This can be a complex process that may require the involvement of outside parties, including local, state or federal law enforcement and emergency response agency representatives, and/or security experts.
The analysis process involves gathering and evaluating relevant information, including but not limited to the following:
Security practices, protocols, crime deterrents and other countermeasures currently in place within the system, including an evaluation of their effectiveness.
Historical data pertaining to past security breaches and other securityrelated incidents directed toward the system or toward other similar systems.
Crime rate data in the communities and areas surrounding the system. Site layout information, such as the ease of accessibility, location of incoming utilities, hazardous storage materials locations, types of building construction, levels of lighting, etc.
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Existing criminal or terrorist threats that may be present within the system’s operating environment or that may be directed toward the surrounding communities, state or nation as a whole and may impact the system.
The response capabilities of the transit system and local emergency responders, such as police and fire.
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Section 7. Evaluation and Modification of the SSEPP
7.1. Evaluation
7.1.1Internal
The SSEPP is a “living document” and needs to address issues associated with system security and emergency preparedness on a timely and proactive basis. It is incumbent upon all appropriate MV personnel to constantly evaluate the effectiveness of the SSEPP as well as its implementation. The safety manager and/or the POC ensures that the SSEPP is evaluated for effectiveness.
7.2. Modification and Update
MV will revise the SSEPP, supporting documentation, and training to reflect new practices, policies, and procedures on annual basis. The safety manageris responsible for screening changes and modifications to facilitate ongoing revisions to keep the SSEPP current. Safety manager is responsible to see that the LSC meets and conducts security/emergency preparedness meetings on a regular or quarterly basis. The Plan should be updated every year by July 1st.
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Section 8. Threat Levels and Alerts
MV recognizes the threat condition designations as defined by the Homeland Security Presidential Directive-3, which pertain primarily to federal departments and agencies. MV’s role and application of the federal threat models are identified herein and will be dependent upon the nature and extent of the security threats to both the transit operating system and the nation as a whole. MV’s preparedness and response actions for each threat condition designation have been developed in accordance with FTA’s recommended protective measures. Additionally, MV keeps current of the federal threat level in addition to regularly receiving and monitoring alerts distributed by other organizations, including the FBI.
8.1. Homeland Security Advisory
System (HSAS) for Transit
The FTA, through its Transit Agency Security and Emergency Management Protective Measures guidance document (November 2006) provides a set of suggested protective measures and a systematic approach for its application to enhance transit security and emergency management. The protectivemeasures align with the color-coded threat conditions used in the DHS Homeland Security Advisory System (HSAS). HSAS for Transit consists of five threat level designations: Low (green), Guarded (blue), Elevated (yellow), High (orange) and Severe (red).
In addition, the FTA provides two (2) additional threat levels and associated protective measures. They are the active incident (an actual emergency, which might include a terrorist attack, accident or natural disaster) and the recovery phase following an incident. MV uses the HSAS for Transit as a guide for its own preparation and response to threat conditions.
8.1.1Low Condition (Green)
This condition is declared when there is a low risk of terrorist attacks.
MV’s activities at green include the following:
Preparing security and emergency preparedness-related plans, including emergency operating procedures, emergency response procedures, contingency planning, communications planning, information technology/disaster recovery planning and others as needed. Completing inventory of each department’s supplies, equipment and other resources that may be needed to execute any portion of the plans.
HSAS
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Refining and exercising as appropriate preplanned protective measures. Ensuring that personnel receive proper training on the Homeland Security Advisory System.
Institutionalizing a process to ensure that all facilities and regulated sectors are regularly assessed for vulnerabilities to terrorist attacks and that all reasonable measures are taken to mitigate these vulnerabilities.
8.1.2Guarded Condition (Blue)
This condition is declared when there is a general risk of terrorist attacks.
MV’s activities at blue include the following:
Practicing all of the security and emergency preparedness plans and procedures and determining what steps should be undertaken in managing an incident.
Testing equipment and systems.
Rechecking inventories of supplies, maintenance logs and new supplies ordered.
Designing new drills and exercises and executing emergency, disaster recovery, and contingency operations capabilities.
Developing and disseminating as appropriate public awareness information for security and emergency preparedness.
Reviewing all security and emergency preparedness plans, and on a regular basis identifying any problems, shortcomings or issues through drills and exercise after-action reports.
Checking communications with designated emergency response or command locations.
Reviewing and updating emergency response procedures.
8.1.3Elevated Condition (Yellow)
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This condition is declared when there is an elevated risk of terrorist attacks. MV’s activities at yellow include the following:
Increasing surveillance of critical locations.
Coordinating emergency plans and procedures, and checking to see if other protective measures need to be put in place based on the threat information.
Initiating contingency activities as appropriate (such as checking that equipment and alternate operating locations are available and equipment processes and procedures are operating properly).
Coordinating emergency plans as appropriate with nearby jurisdictions. Assessing whether the precise characteristics of the threat require further refinement of preplanned protective measures.
Implementing, as appropriate, contingency and emergency response plans.
8.1.4High Condition (Orange)
This condition is declared when there is a high risk of terrorist attacks.
MV’s activities at orange include the following:
Coordinating necessary security efforts with federal, state and local law enforcement agencies.
Preparing for the activation of emergency and contingency plans. Restricting access to agency facilities and limiting access to threatened facilities to essential personnel only.
Taking additional precautions at public events and possibly considering alternative venues or even cancellation.
Preparing to execute contingency procedures, such as moving command and control to an alternate site or dispersing the work force.
8.1.5Severe Condition (Red)
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This condition is declared when there is a severe risk of terrorist attacks.
Under most circumstances, the protective measures for a severe condition are not intended to be sustained for substantial periods of time. In addition, this threat condition indicates that a severe risk of terrorist activity or an incident or emergency is imminent. However, this does not mean that MV’s is under attack or has an active emergency ongoing. MV’s activities at red include the following:
Increasing or redirecting personnel to address critical emergency needs. Assigning emergency response personnel and pre-positioning and mobilizing specially trained teams or resources.
Monitoring, redirecting or constraining transportation systems. Closing public transit and government facilities.
8.1.6Active Incident
At this phase, an attack against the transit agency or an agency’s service area is occurring or has occurred.
MV’s activities at this phase include the following:
Responding to casualties.
Assisting in evacuations.
Reporting incident (see Section 5.4)
Inspecting and securing transit facilities.
Helping with other tasks directed by local emergency management personnel.
8.1.7Recovery Phase
At this phase, the recovery of transit service after an attack has occurred. It follows the previous phase (active incident) and may also exist for short time periods when the agency is transitioning from a higher threat condition to a lower threat condition. This phase coexists with the Item No.7N
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prevailing threat condition. In other words, business recovery will be accomplished while maintaining the prevailing readiness status. MV’s activities at this phase include the following:
Restoring service, routes and schedules.
Repairing or reopening facilities.
Adjusting staff work schedules and duty assignments.
Responding to customer inquiries about services.
Undertaking other activities necessary to restore transit service.
8.2. Federal Bureau of Investigation Alerts
MV regularly monitors, examines and evaluates the security alerts distributed by the FBI. These alerts help identify current security issues and threats affecting the nation as a whole. MV distributes the list to selected individuals of the agency. Any questions or concerns relating to the FBI security alerts should be addressed directly to the local field office of the FBI.
Address:_8002 Kew Gardens Rd Kew Gardens, NY 11415 (718)286-7100
8.3. Public Transit- Information Sharing and Analysis
Center (PT-ISAC)
MV regularly reviews information disseminated by the PT-ISAC. In January 2003, the U.S. Department of Transportation designated the American Public Transportation Association (APTA) as the sector coordinator in the creation of a Public Transit ISAC to further promote security for the public transportation industry. Through this role, APTA serves as the primary contact to organize and bring the public transportation community together to work cooperatively on physical and cyber-security issues.
The PT-ISAC collects, analyzes, and distributes critical cyber and physical security and threat information from government and numerous other sources. These sources include law enforcement, government operations centers, the intelligence community, the U.S. military, academia, IT vendors, the International Computer Emergency Response Team (CERT) and others. The PT-ISAC is full-service, responding to incidents and warnings on a 24-hour basis, seven days a week. Any questions concerning the service should be directed to:
PT-ISAC
1-866-PT-ISAC-1 (784-7221)
www.surfacetransportationisac.org
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8.4. Homeland Security Information Network – Public
Transit (HSIN-PT)
MVregularly reviews information disseminated by TSA through DHS’s HSIN-PT. HSIN-PT is a security information sharing resource for the public transit community to share unclassified security and threat information and establish relationships and network with both private and public transportation security officials. HSIN-PT provides the transit security community a “one-stop shop” to aid in its efforts to maintain vigilance and readiness to prevent terrorism in the mass transit and passenger rail environment. TSA also uses its emergency notification system, called TSAalerts, sometimes in conjunction with HSIN-PT, to advise transit agencies of significant threats or terrorist attacks.
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Section 9. Appendices
9.1. Appendix A Vehicle Safety Program Implications
Vehicle Safety Program Plan
Section Title
Covered Policies And Procedures Additional Issues In SSEPP Program
1 Management
Commitment
safety policy statement
memorandum authorizing system
security and emergency
preparedness (SSEPP)
2 Compliance
Responsibilities
general manager
drivers, mechanics and others
operating agency vehicles
safety incentive program(s)
expanded to address SSEPP
creation of SSEPPpoint of contact
(POC)
Drivers – Initial Hire
qualifications
initial training
commitment to address
SSEPPissues in hiring
3 Qualifications
application
interviews
physical requirements
age
knowledge of English
driver licensing
operating skills
criminal /dmv records check
ability to perform simple math
reasonable knowledge of the service
area and ability to read basic maps
a road test given by a designated mv
supervisor is required
expansion of new hire background
check
expansion of new hire application
process to emphasize the
importance of safety, security and
emergency procedures
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Vehicle Safety Program Plan
Section Title
Covered Policies And Procedures Additional Issues In SSEPP Program
Initital Training
agency policies and procedures
federal and state guidelines and
regulations
pre and post trip inspections
vehicle familiarization
basic operations and maneuvering
special driving conditions
backing
bad weather
boarding and alighting passengers
defensive driving course (LLLC)
passenger assistance training
training on road
additional training to address
security awareness, reporting
suspicious activity, reports and
documentation, and pre and post
trip inspections
4 Drivers – Ongoing
Supervision And
Training
training – refresher/retraining
evaluation and supervision
motor vehicle record checks
annual physical examination
safety meetings
discipline/recognition
preventable accidents/injuries
additional refersher training for
knowledge of emergency
procedures
additional responsiblities for
supervision
5 Emergency Driving
Procedures
emergency driving procedures
accident causes
slippery road surfaces
driving with poor visibility
driving through water
vehicle breakdowns and unavoidable
stops
vehicle fire/evacuation
hold up/robbery
natural disasters
tornado
flood
expansion of emergency
procedures to include additional
security and emergency
conditions
expansion of emergency
procedures to include support of
community response to a major
event or emergency
emergency training and exercising
6 Passenger Safety
general guidelines
mobility device securement and
passenger restraint systems
expansion of procedures for
managing difficult passengers
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Vehicle Safety Program Plan
Section Title
Covered Policies And Procedures Additional Issues In SSEPP Program
difficult passengers
medical condition
bloodborne pathogens/infection
control
clarifications regarding first aid
and bloodborne
pathogens/infection control
7 Vehicles &
Equipment
vehicles & equipment
preventive maintenance
program development
preventive maintenance program
format for preventive maintenance
program for transit vehicles
master vehicle service and repair
record – maintenance history
preventive maintenance intervals
pre & post trip inspections
emergency equipment on vehicles and
usage
use of emergency equipment on
vehicles
vehicle security
vehicle safety in and around the shop
or yard
expansion of vehicle security
procedures
expansion of maintenance
procedures for identifying and
reporting vandalism, suspicious
substances, or vehicle tampering
8 Accident
Management
accident documentation packet
accident notification procedures –
driver responsibility
accident investigation – management
responsibility
accident investigation kit
reconstruction & analysis
drug and alcohol tests
additional tools for accident
document packet to address
security
9 Insurance Claims
and Litigation
Management
VTLP
10 Day-To-Day
Operations –
Monitoring For
Safety
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9.2. AppendixB: Security Baseline Planning Worksheet
SECURITY BASELINE
PLANNING WORKSHEET
Yes No Notes
Has management accepted responsibility for the
management of security vulnerabilities during the start-up and operation of the transit system?
X
Has management endorsed a policy to ensure that security vulnerabilities are identified, communicated, and resolved (or accepted) through a process that promotes accountability for decision-making?
L
Does your division have clear and unambiguous lines of
authority and responsibility for ensuring that security is addressed at all organizational levels within the operation (including contractors)?
X
Does your division have access to personnel with security management experience, knowledge, skills, and abilities? X
Does your division ensure that resources are effectively allocated to address security considerations?
X
Is the protection of passengers, employees, contractors, emergency responders, and the general public a priority whenever activities are planned and performed at the
division ?
Does your division routinely evaluate its capabilities to provide adequate assurance that the public and employees are protected from adverse consequences?
Has your division committed to developing security
mitigation measures to prevent and manage security
vulnerabilities?
Has your division appropriately documented its security measures in plans, procedures, training, and in project requirements, specifications and contracts?
Does your division have a formal system security program, documented in a system security program plan.
If “yes,” is the security plan current, reflecting current security operations and system configuration?
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SECURITY BASELINE
PLANNING WORKSHEET
Yes No Notes
If “no,” does your division have plans in place to develop a security plan?
If “no,” prepare a brief list of all activities performed at your division that address security concerns (for example, include facility access control; procedures for handling difficult people; workplace violence program; bomb threat
management plan; procedures for identifying and reporting suspicious activity; facility and vehicle evacuation and search procedures; coordination with local law enforcement, etc.) Whenever possible, does your division guidedesign,
engineering, and procurement activity with an agreed-upon set of security standards and requirements (including design criteria manuals, vehicle specifications, and contracting guidelines)?
GENERAL EMERGENCY RESPONSE CAPABILITIES Yes No Notes
Does your division have an emergency plan?
Does your division have emergency operating procedures? Does your division have an incident response plan for
terrorism, as an appendix to the emergency plan or as a separate plan?
Does your divisioncoordinate with local public safety
organizations on the development, implementation and
review of the emergency plan and procedures?
Does your emergency plan specify use of the incident
command system?
Have your employees been trained in the emergency plan
and procedures?
Does your division conduct routine drills, table-tops and refresher training?
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Does your division conduct briefings of after-action reports to assess performance during the drill or exercise and identify areas in need of improvement?
Have members of your divisionparticipated in domestic
preparedness training programs?
PREVIOUS EXPERIENCE Yes No Notes
Has your divisionexperienced an emergency in the last 12 months?
If” yes,” were you satisfied with the division’s level of response?
Has your divisionreceived a bomb threat in the last 12
months?
Has your division evacuated in its facilities in the last 12 months as the result of a bomb threats?
Has your division conducted a physical search of a facility in response to a bomb threat?
Points of Emphasis
Awareness - Train all security and maintenance personnel to spot suspicious-looking or unfamiliar people or objects.
Communication - Teach employees and/or tenants the importance of awareness; encourage them to identify and report anything that appears out-of-the-ordinary.
Screening - Develop and implement systems for identifying and controlling visitor access to the building.
Inspection - Establish strict procedures for the control and inspection of packages and materials delivered to the building, particularly those intended for critical areas.
Procedures - Instruct all personnel, particularly telephone switchboard or reception personnel, on what to do if a bomb threat is received.
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Surveillance - Instruct security and maintenance personnel to routinely check unattended public or open areas, such as rest rooms, stairways, parking garages and elevators.
Lighting - Make sure that all of the facility's access points are well-lit.
Systems Awareness - Unexpected interruptions in the building's fire or security systems may not be coincidental; train personnel to identify and address them immediately.
Local Authorities - Contact local government agencies to determine their procedures for dealing with bomb threats, search, removal and disposal.
Contingency - Assure adequate protection and off-site backup for classified documents, proprietary information, critical records and activities essential to the operation of business.
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9.3. Appendix C:Emergency Response Planning,
Coordination, and Training Considerations
Emergency response planning, coordination, and training is formalized and documented, and identifies responsibilities of employees by function.
Service continuation, restoration, and recovery plan developed. Emergency drills and table-top exercises scheduled on a regular basis. Coordination and training with outside agencies, including fire and rescue units,hospitals, police, hazardous materials and environmental agencies, and regional Office of Emergency Management.
Media relations, information control procedures, and policies established (internal and external to agency).
Documentation of drills maintained, drill critiques held, and recommendations recorded with follow-up.
Emergency procedures reviewed by management on a regular basis and updated as needed.
Procedure revisions and updates incorporated into evacuation procedures and SOPs developed for signature(s) and distribution. Regular assessments of employee proficiency conducted. Emergency contacts list developed, currentand responsibility for callouts identified. Emergency evacuation routing for transit vehicles developed. Employees issued quick reference guidelines for emergency situations. Support systems developed to provide post-incident support to customers and employees.
Regular functional testing and inspection of emergency support equipment and systems.
Pre-determination of factors that would require partial or full service shut-down.
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Contingencyplans for loss of electrical power and radio or phone communications.
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System Security Considerations
Security plan established, which addresses all operations modes and contracted services.
System security responsibilities and duties established. Personal safety awareness and education programs for passengers and employees and community outreach.
Security equipment regularly inspected, maintained and functionally tested.
Contingency SOPs developed, drills, and table-top exercises conducted for extraordinary circumstances:
― Terrorism (including chemical, biological agents, and weapons of mass destruction);riot and domestic unrest; catastrophic natural events; and system-wide communications failure.
Security SOPs reviewed on a regular basis and updates made as needed to security plan.
Data collection established for all security issues and incidents, analysis performed and recommendations made, document control established including follow-up.
Security risk and vulnerability assessments conducted, documented and reviewed.
Contingency plans for loss of electrical power and radio or phone communications.
Standard operating procedures for critical incident command, control, and service continuation and restoration.
Security training provided to all staff levels (from front-line "eyes and ears" concept to professional level security training). Background checks on employees and contractors (where applicable). Regular assessments of employee security proficiencies conducted. Employees issued quick reference guidelines for security situations.
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Emergency contacts list developed and kept current, and responsibilities for call-outs identified.
Visitor, deliveries and contractor facility access procedures developed and visible identification required.
Concepts of crime prevention through environmental design (CPTED) applied in reviews of facilities and in new design and modifications. Security checklists developed and regularly used for verifying status of physical infrastructure and security procedures.
Agency employees identifiable by visible identification and/or uniform. Policy and procedures in place for facilities key control. Planning, coordination, training and mutualaid agreements with external agencies (state, local police,FBI and other federal agencies.
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9.4. Appendix D: Bomb Threat Checklist and
Procedures
Bomb Threat Checklist
Exact time and date of call:
Exact words of caller:
Voice Accent Manner Background Noise
Loud Local Calm Factory Machines
High Pitched Foreign Rational Bedlam
Raspy Race Coherent Music
Intoxicated Not Local Deliberate Office Machines
Soft Region Righteous Mixed
Deep Local Angry Street Traffic
Pleasant Foreign Irrational Trains
Other Race Incoherent Animals
Raspy Not Local Emotional Quiet
High Pitched Region Laughing Voices
Loud Airplanes
Party Atmosphere
Language Speech Familiarity with Threatened Facility
Excellent Fast Much
Fair Distinct Some
Foul Stutter None
Good Slurred
Poor Slow
Other
Distorted
Pleasant Nasal
Other Lisp
Raspy Other
Questions to Ask the Caller
When is the bomb going to explode?
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Where is the bomb?
What does it look like?
What kind of bomb is it?
What will cause it to explode?
Did you place the bomb?
Why did you place the bomb?
Where are you calling from?
What is your address?
What is your name?
Observations
If the voice is familiar, whom did it sound like?
Were there any background noises?
Telephone number call received at.
Person receiving call.
Any additional remarks.
Bomb Threat Procedures
In recent years the use and threatened use of explosives in society has increased at an alarming rate. Organizations must prepare a plan of action to respond effectively. This brief provides guidelines that will assist transit Item No.7N
agencies in developing a procedure specific to their particular environment.
Steps to Be Considered
When faced with a bomb threat, the primary concern must always be the safety of passengers, employees, and emergency responders. Many transit agencies already have a disaster or emergency procedure for responding to smoke, fire, or medical emergencies in stations, administrative facilities, shops, and yards. Several aspects of these procedures remain viable in a bomb threat procedure.
However, new problems must be addressed when a bomb threat is received. For example, in the instance of a fire, effort is directed at evacuating the occupants in a quick and orderly manner. In the case of a bomb threat, if evacuation is initiated, the exit routes and assembly areas should be searched prior to vacating the premises. The potential hazard remains when a building is evacuated before a search has been made.
Personnel cannot safely re-occupy the building and resume normal activities until a search has been conducted. Such problems require a procedure with 7 logical steps:
Step 1: Threat Reception
Step 2: Threat Evaluation
Step 3: Search Procedure
Step 4: Locating Unidentified Suspicious Objects
Step 5: Evacuation Procedure
Step 6: Re-occupation of Building
Step 7: Training of Essential Personnel
Each of these steps is discussed below:
Step 1: Threat Reception
Threats are transmitted in several ways:
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Telephone Threats (threat to detonate explosive is phoned into system) Caller is the person who placed the device.
Caller has knowledge of who placed the device.
Caller wants to disrupt system operation.
Written Threats (threat to detonate explosive is written into system). May be more serious than phoned-in threats.
Written threats are generally more difficult to trace than phoned-in threats.
Letter and Package Threats (suspicious package or letter is delivered to agency).
These threats serve a variety of purposes, but, generally, they are directed at specific system personnel rather than at the system as a whole. The personal motivations of the criminal may be more important in these types of threats.
Bomb threats are normally transmitted by phone. The person receiving the call should be prepared to obtain precise information, including:
The time the call was received and on which telephone number or extension.
The exact words of the person making the threat should be recorded. Indicate whether it was a male or female voice and an approximate age. Note any accent or speech impediment or slurring of speech which could indicate intoxication or an unbalanced condition.
Listen for the presence of any background noises such as traffic, music, or other voices.
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Decide if the voice is familiar.
The person receiving the threatening call should be prepared to ask the caller certain questions if the information has not been volunteered. Where is the bomb?
When is it going to explode?
What does it look like?
What kind of bomb is it?
Why did you place the bomb?
What is your name?
The caller may provide specific information by answering these questions. Often the type of person making a threat of this nature becomes so involved that they will answer questions impulsively. Any additional information obtained will be helpful to police and explosive technicians. To assist the person receiving the call, it is suggested a printed form be readily available. A sample is provided in Appendix D.
Typically, this checklist is kept readily available to the transit dispatcher or administrative personnel most likely to receive such a threat.
Written and letter/package threats should be treated as “suspicious objects” (see Step 4).
Step 2: Threat Evaluation
Two basic descriptions of threats can be identified:
Non-specific threat: This is the most common type of threat, usually with little information given other than, "There is a bomb in your building." Specific threat: This threat is given in more detail. Reference is often made to the exact location of the device, or the time it will detonate.
Specific threats should be considered more serious in nature, requiring a more concerted effort in the response. The non-specific threat, however, cannot be ignored. A policy must be developed to respond effectively to both threat levels.
Certain actions should be taken regardless of the threat category:
Notify law enforcement (whether internal transit police and/or security or local law enforcement).
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Notify management personnel.
Initiate the search procedure.
Search before evacuation of personnel (employee search). Search after evacuation of personnel (volunteer search).
Notification to internal and/or external law enforcement, security and management personnel should be prompt, and include as much detail as possible. The person who received the threatening call should be available immediately for interviewing. Copies of the completed threat checklist should be readily available to all who may need it.
The appropriate search procedure should be initiated. Searches in the transit environment – as in many other environments – have two major constraints:
Radio communication cannot be used (it may detonate the device). The environment is specialized, therefore, it cannot be searched effectively by outsiders.
To address these concerns, personnel who work in a particular area, or who are responsible for an area, should be used. Not only will these personnel provide a much more thorough search than outside responders, but they are knowledgeable concerning station or facility emergency communication systems, and can access “land line” telephones to manage communications more effectively during the search. A system that utilizes the employees – after evacuations have been ordered -- should always and only use volunteers.
The following criteria help determine what immediate action to take:
Factors favoring a search before the movement of personnel (occupant search):
― There is a high incidence of hoax telephone threats.
― Effective security arrangements have been established. ― Information in the warning is imprecise or incorrect. ― The caller sounded intoxicated, amused, or very young. ― The prevailing threat of terrorist activity is low.
Factors favoring movement of personnel before searching (volunteer search):
― The area is comparatively open.
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― Information in the warning is precise as to the matters of location, a description of the device, the timing, and the motive for the attack.
― A prevailing threat of terrorist activity is high.
Step 3: Search Procedure
Pre-planning and coordination of employees are essential in implementing an effective search of transit premises, particularly for large stations and facilities. A central control mechanism is necessary to ensure a thorough and complete response. A printed station and/or facility schematic should be identified for each major transit facility. Wherever possible, stations should be divided into zones or sections (prior to the actual conduct of the search), and volunteer personnel – familiar with the zone or section – identified to support the search, by shift or position. Back-ups and supporting volunteers should also be identified for each zone or segment. A compendium of station/facility schematics should be available to those responsible for managing bomb threats and searches. Not only will these schematics support identification and assembly of the volunteer search team, but also, as the search is conducted, each area can be “crossed off” the plan as it is searched.
Areas that are accessible to the public require special attention during a search, and may be vitally important if an evacuation is to be conducted. The level of the search should be commiserating with the perceived threat level:
An occupant search is used when the threat's credibility is low.
Occupants search their own areas. The search is completed quickly because occupants know their area and are most likely to notice anything unusual.
The volunteer team search is used when the threat's credibility is high.
The search is very thorough and places the minimum number of personnel at risk. Evacuate the area completely, and ensure that it remains evacuated until the search is complete. Search teams will make a slow, thorough, systematic search of the area.
During the search procedure the question often arises, "What am I looking for?" The basic rule is: Look for something that does not belong, or is out of the ordinary, or out of place. Conduct the search quickly, yet thoroughly, keeping the search time to a maximum of 15 to 20 minutes. Both the interior and exterior of the station or facility should be searched.
Historically, the following areas have been used to conceal explosive or hoax devices in the transit environment:
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Outside Station Areas Inside Stations
Trash cans
Dumpsters
Mailboxes
Bushes
Street drainage systems
Storage areas
Parked cars
Shrubbery
Newspaper Stands
Ceilings with removable panels
Overhead nooks
Areas behind artwork, sculptures and benches
Recently repaired/patched segments of walls, floors, or ceilings
Elevator shafts
Restrooms
Behind access doors
In crawl spaces
Behind electrical fixtures
In storage areas and utility rooms
Trash receptacles
Mail rooms
Fire hose racks
Depending on the nature of the threat, searches may expand to include transit vehicles. In extremely rare instances, dispatchers have instructed operators on certain bus routes or rail lines to immediately bring their vehicles to a safe location, deboard passengers, and walk-through the vehicle – looking for unidentified packages. In other instances, evacuated vehicles have been met by law enforcement officers, who actually conduct the search, including the vehicle undercarriage and rooftop areas.
Step 4: Locating an Unidentified Suspicious Package
If an unidentified or suspicious object is found, all personnel should be instructed (1) not to move it and (2) to report it to central dispatch or the search team leader immediately. The following information is essential:
Location of the object.
Reason(s) suspected.
Description of the object.
Any other useful information – how difficult to secure area, evacuate, nearest emergency exits, etc.
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Based on this information, decisions will be made regarding the following:
Removal of persons at risk.
Establishment of perimeter control of the area to ensure that no one approaches or attempts to move the object.
Activities to establish ownership of the object. (In the event that legitimate property has been left behind in error prior to the bomb threat being received).
Assignment of someone familiar with the building and the area where the object is located to meet the explosives disposal unit personnel on their arrival (in the event that they have been called).
Continue implementation of search procedure until all areas have reported to the central control, as there may be more than one unidentified object.
While volunteers and public safety personnel are conducting the search, and particularly while they are managing response to a suspicious package, they should keep in mind the following information:
Improvised explosive devices (IEDs) and other types of bombs inflict casualties in a variety of ways, including the following:
― Blast over pressure (a crushing action on vital components of the body, eardrums are the most vulnerable).
― Falling structural material.
― Flying debris (especially glass).
― Asphyxiation (lack of oxygen).
― Sudden body translation against rigid barriers or objects (being picked up and thrown by a pressure wave).
― Bomb fragments.
― Burns from incendiary devices or fires resulting from blast damage.
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― Inhalation of toxic fumes resulting from fires.
The following are four general rules to follow to avoid injury from an IED:
1. Move as far from a suspicious object as possible without being in further danger from other hazards such as traffic or secondary sources of explosion.
2. Stay out of the object's line-of-sight, thereby reducing the hazard of injury because of direct fragmentation.
3. Keep away from glass windows or other materials that could become flying debris.
4. Remain alert for additional or secondary explosive devices in the immediate area, especially if the existence of a bomb-threat evacuation assembly area has been highly publicized.
Historically, perpetrators of bombings in the transit environment (in foreign countries such as Israel, France, India, and England) have used two tactics that intensify the magnitude of casualties inflicted by detonation of an explosive device:
― Perpetrators have detonated a small device to bring public safety personnel to the site; a larger, more deadly device has detonated some time after the first device, thereby inflicting a large number of casualties on the first responder community.
― Perpetrators have used a real or simulated device to force the evacuation of a facility only to detonate a much more substantial device in identified bomb-threat evacuation assembly areas.
These attacks are especially harmful because the evacuation assembly areas often concentrate transit personnel and
passengers more densely than would otherwise be the case.
Step 5: Evacuation Procedure
If an unidentified object is found, a quiet and systematic evacuation from the area should be conducted.
Prior to evacuation, all areas used in the evacuation route must be searched: stairwells, corridors, elevators, and doorways. When these areas have been checked, volunteer personnel should be assigned to direct other personnel along the searched exit routes.
As a general guideline, evacuation should be to a minimum distance of 300 feet in all directions from the suspicious package, including the area above and below the site, giving regard to the type of building construction (thin walls, glass) and the size of the suspicious package. Elevators should not be used to evacuate people under normal circumstances. A power failure could leave them trapped in a hazardous Item No.7N
area. Attention should be paid to the need for special transportation requirements of persons with disabilities.
The essential task in evacuation procedures is to direct people to quietly leave the premises, using tact and power of suggestion, in an effort to maintain control and avoid panic. Once a complete or partial evacuation has taken place, there must be some form of accounting for all personnel. This may be a difficult task, but a necessary one to ensure the safety of all personnel.
Assembly areas should be pre-selected and well known to personnel. Establish a clearly defined procedure for controlling, marshalling, and checking personnel within the assembly area. If possible, for major transit stations, assembly areas should be coordinated with local police in advance. Assembly areas are selected using the following criteria:
Locate assembly areas at least 300 feet from the likely target or building (if possible).
Locate assembly areas in areas where there is little chance of an IED being hidden. Open spaces are best. Avoid parking areas because IEDs can be easily hidden in vehicles.
Select alternate assembly areas to reduce the likelihood of ambush with a second device or small-arms fire. If possible, search the assembly area before personnel occupy the space.
Avoid locating assembly areas near expanses of plate glass or windows.
Blast effects can cause windows to be sucked outward rather than blown inward.
Select multiple assembly areas, if possible, to reduce the concentration of key personnel. Drill and exercise personnel to go to different assembly areas to avoid developing an evacuation and emergency pattern that can be used by perpetrators to attack identifiable key personnel.
Step 6: Re-Occupation of Station/Facility
Re-occupation of the building is a decision that must be made by an appropriate transit agency or law enforcement official. If the evacuation was made without a search, the premises should be searched before re-occupation.
Step 7: Training
Any effective threat procedure must be accompanied with an adequate training program. Training the essential personnel should encompass both the preventative and operational aspects of the procedure.
Prevention can be accomplished through employee awareness, developing good housekeeping habits, and being on the alert for suspicious items and persons.
Operational training may include lectures by transit police and security instructional staff or guest speakers, in-service training classes, and practical training exercises. Evacuation and search drills should Item No.7N
be performed periodically under the supervision of transit police or local law enforcement. Coordination with local law enforcement is particularly important for those small agencies with no internal security.
Conclusion
Considering recent events, it is advisable to consider all threats serious. A well-prepared and rehearsed plan will ensure an effective, quick search with minimal disruption of normal operation. Panic and possible tragedy can be avoided. Appropriate security, heightened employee and passenger awareness, and good housekeeping controls will identify many potential problems.
9.5. Appendix E: Types of Preparation Exercises
Experience shows that exercises are the most practical, efficient, and cost effective way to prepare for disasters and crises. The aim for any transit agency should be to develop a progressive exercise program, a long-term approach in which exercises are planned, conducted, and evaluated as building blocks to competency in crisis management.
There are two principal benefits of such a program. First, people practice their role and gain proficiency in crisis management. Second, the coordination among transit providers and local emergency response agencies is improved. These benefits arise not from exercising alone, but from evaluating the exercise and acting upon those results. An exercise has value only when it leads to individual and/or collective improvement.
Key terms used in the development of exercises include the following:
Progressive Exercise Program: A commitment from the transit provider and community public safety agencies to plan and conduct increasingly more challenging exercises over a period of time, to achieve and maintain competency in executing the local crisis management plan. Objective: A goal expressed in simple, clear, specific, and measurable terms. Serves as the foundation of all exercise planning. Scenario: The overall outline of how an exercise will be conducted.
Includes the narrative, majordetailed sequence of events, problems or messages, and expected actions. Often used interchangeably with the term narrative.
Narrative: A word “picture” that includes all essential elements of information concerning the incident used to initiate an exercise.
Types of exercises include the following:
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Drill: Supervised activities that test, develop, or maintain skills in a single response procedure (such as: communications, notification, lockdown, fire) and the possible or probable interaction with local government agency functions (such as: incident command posts, rescue squad entry, police perimeter control) which will involve actual field response. Helps prepare for more complex exercises in which several functions are coordinated and tested.
Exercise: An activity designed to promote emergency preparedness, test or evaluate emergency operations, policies, plans, procedures or facilities, train personnel in emergency duties, and demonstrate operational capabilities.
Full-Scale Exercise: Evaluates the operational capability of emergency response management systems in an interactive manner. Includes the mobilization of emergency personnel and resources required to demonstrate coordination and response capability. Tests total response capability as close to a real emergency as possible.
Functional Exercise: A fully simulated interactive exercise which tests one or more functions in a time-pressured realistic simulation and focuses on policies, procedures, roles, and responsibilities. Orientation Seminar: An informal discussion designed to familiarize participants with roles, plans, procedures, and resolve questions of coordination and assignment of responsibilities.
Tabletop Exercise: Simulates an emergency situation in an informal, stress-free environment. Designed to elicit discussion as participants examine and resolve problems based on existing crisis management plans.
9.6. Appendix F: Reporting Criminal Activity
If you observe a crime in progress or behavior that you suspect is criminal, immediately notify [dispatch or local police]. Report as much information as possible including:
Activity: What is happening? (In plain language and with as few assumptions as possible) Item No.7N
Description of involved people: For each involved person, provide:
Height.
Weight.
Gender.
Clothing.
Weapons.
Distinguishing characteristics.
Location: Describe exactly where the criminal activity is occurring. If the activity is “moving,” describe the direction of travel.
Vehicle: If a vehicle is involved, please provide the following:
Color.
Year.
Make.
Model.
License.
DO NOT APPROACH OR ATTEMPT TO APPREHEND THE PERSON(S) INVOLVED.
Stay on the telephone with the police dispatcher and provide additional information as changes in the situation occur, until the first police officer arrives at your location.
9.7. Appendix G: Emergency Action Plan
MV facility sites will utilize the emergency action plan template from the MV Safety Policy Manual to develop a site specific emergency action plan.
COMPANY: MV Transportation Inc.
ADDRESS: 1993 Rancho Conejo Blvd Thousand Oaks, CA
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Emergency Plan Coordinator
Name:
Title: Safety Manager
Department: Transportation
Telephone No: 805-231-8761
Preferred Means of Reporting Fires And Other Emergencies Type of
Emergency:
Reported By:
Fire: 911
Explosion: 911
Tornado/Weather: 911
Bomb Threat: 911
Chemical
Spill/Leak: 911
Violence: 911
Medical: 911
Gas: 911
Electric:
9.7.1Elements
i. Emergency Escape Procedures and Routes
Emergency escape procedures and route assignments have been posted in each work area, and all employees have been trained by designated supervisors in the correct procedures to follow. New employees are trained when assigned to a work area. A sample escape procedure and escape route sheet of the type posted in work areas should be developed. (Identify and attach floor plan and escape route).
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Procedure for Employees Who Remain to Operate Critical
Operations Before They Evacuate
A single procedure should be developed that describes operations, procedures, and personnel required in order for critical operations to be performed before the assigned personnel evacuate during emergency situations. A description of the special training provided should also be included.
ii. Employee Accountability Procedures after
Evacuations
Each supervisor is responsible for accounting for all assigned employees, personally or through a designee, by having all such employees report to a predetermined designated rally point and conducting a head count. Each assigned employee must be accounted for by name. All supervisors are required to report their head count (by name) to the emergency evacuation coordinator. iii. Rescue and Medical Duties
Specific rescue and medical duties have been assigned to designated individuals. These personnel have received special training and instructions for properly carrying out these assignments. iv. Alarm System
Alarm systems for notifying all employees in case of an emergency are:
When so required by specific OSHA Standards, the organization will comply with OSHA Standard 1910.165, Employee Alarm Systems. v. Training
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The following personnel have been trained to assist in the safe and orderly emergency evacuation of other employees. (See also Appendix B-identify)
Name Title Work Area Special
Assignment
Todd Painter Safety Manager MSC
George Saldana Road Supervisor MSC
Jennifer Singer GM MSC
Training is provided for employees when:
― The plan was initiated.
― Responsibilities change.
― New employees are hired or transferred.
9.7.2Emergency Shutdown Procedures
During some emergency situations, it will be necessary for some specifically assigned and properly trained employees to remain in work areas that are being evacuated long enough to perform critical operations.
These assignments are necessary to ensure proper emergency control.
Assignments
Work Area Name Job Title Description of Assignment
Maintenance
Area
Kevin
Hayes Supervisor Maintenance Facility Manager
Special Training
The preceding individuals have received special instructions and training by their immediate supervisors to ensure their safety in carrying out the designated assignments. A training record describing the instructions Item No.7N
provided and the detailed procedures to be followed is maintained in the Emergency Action Plan and Fire Protection Plan coordinator’s office.
Emergency and Fire Protection Plan Coordinator:
Name Date
Employee Accountability Procedures Following
An Emergency Evacuation
Each supervisor is responsible for accounting for each assigned employee following an emergency evacuation. This will be accomplished by performing the procedures established for such an eventuality.
Employee Accountability
Rally points have been established for all evacuation routes and procedures. These points are designated on each posted work area escape route.
All work area supervisors and employees must report to their designated rally points immediately following an evacuation.
Each employee is responsible for reporting to his or her supervisor so that an accurate head count can be made. Supervisors will check off the names of all those reporting and will report those not checked off as missing to the emergency evacuation coordinator.
The emergency evacuation coordinator will be located at one of the following locations:
― Primary location.
― Secondary location.
The emergency evacuation coordinator will determine the method to be utilized to locate missing personnel.
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Rescue and Medical Duties
It may become necessary in an emergency to rescue personnel and perform some specified medical duties, including first-aid treatment. All employees assigned to perform such duties will have been properly trained and equipped to carry out their assigned responsibilities properly and safely.
Assignments
Name Location Special
Assignment
Special Training
Provided
Todd Painter MSC First Aid Basic First Aid
George Saldana
Special Instructions and Procedures
All personnel performing emergency rescue and medical duties must follow these instructions:
9.8. Appendix H –ChemicalHazard Communication
Program Plan
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MV sites will utilize the Hazardous Communication Plan contained within the MV Safety Policy Manual.
An overview of the plan is as follows:
Company Policy – 29 CFR 1910.1200(e)
MV is committed to the prevention of exposures that result in injury and/or illness; and to comply with 29 CFR 1910.1200, OSHA’s Hazard Communication Standard and all applicable state health and safety rules.
All employees of MV are included under the hazard communication program. This written program will be available for review by any employee during work hours. It is located in the MV Safety Policy and Procedures Manual.
Container Labeling – 29 CFR 1910.1200(f)
The safety manager and maintenance manager are jointly responsible for ensuring that all container labeling procedure are reviewed and updated as needed.
Description of labeling system used:
Original containers received for use will be labeled to indicate at a minimum:
― Warning labels that are legible and in English.
― The name of the chemical.
― Items found on the SDS
― Pertinent physical and health hazards, including the organs that would be affected.
― The name, address, and phone number of the manufacturer, importer or responsible party.
Secondary containers will be labeled with at a minimum:
The name of the chemical as it appears on the SDS.
Appropriate hazard warnings.
Material Safety Data Sheets (SDS) – 29 CFR 1910.1200(g) The safety manager and maintenance manager(s) at each garage are responsible for obtaining and maintaining the SDSs.
The maintenance manager will review incoming SDS to make sure that they contain all required information, and for changes in health and safety information. The maintenance manager will make sure that any new information is passed on to affected employees.
When toxic or hazardous substances are received without the SDS, the maintenance manager will either call or send a letter to the supplier requesting the SDS. A written record of all SDS requests, whether by phone or formal letter, will be placed in a special file.
Item No.7N
Employees are not permitted to use any chemicals for which the company does not have the SDS.
SDS will be accessible to all employees during each work shift. Copies of the SDS will be kept in the maintenance shop at each garage.
Employee Information and Training – 29 CFR 1910.1200(e) (1) (i) The safety manager and maintenance manager are responsible for the employee training program. They will ensure that all elements specified below are carried out.
The maintenance managers are responsible for assuring that before starting work, each affected employee of MV will attend a health and safety orientation that includes information and training on the following:
An overview of the requirements contained in the OSHA Hazard Communication Standard.
Hazardous chemicals present at his or her workplace.
Physical and health risks of the hazardous chemical.
The symptoms of overexposure.
How to determine the presence or release of hazardous chemicals in the workplace.
How to reduce or prevent exposure to hazardous chemicals through use of control procedures, work practices and (PPE) personal protective equipment.
Steps MV has taken to reduce or prevent exposure to hazardous chemicals.
Procedures to follow if employees are overexposed to hazardous chemicals.
How to read labels and review SDS to obtain hazard information. Location of the SDS file and written hazard communication program.
Hazardous Non-Routine Tasks– 29 CFR 1910.1200(e) (1) (ii) Periodically, employees may be required to perform non-routine tasks that involve the use of hazardous chemicals.
The maintenance manager will provide information about hazardous chemicals to which employees may be exposed during non-routine tasks prior to employees starting such tasks.
This information will include:
Specific hazards involved.
Item No.7N
Protective measures the employee should take.
Measures the company has taken to lessen the hazard, including ventilation, respirators, presence of another employee and emergency procedures.
Informing Contractors – 29 CFR 1910.1200(e) (2)
The safety manager and maintenance manager will provide contractors who have employees at any maintenance facility the following information:
Toxic and hazardous substances to which the contractor’s employees may be exposed.
Precautions the employees can take to lessen the possibility of exposure. Location of the SDS
Before work is started, the maintenance manager will contact each contractor to gather and disseminate any information concerning chemical hazards that the contractor is bringing into MV’s workplace. They are also responsible for ensuring that any employees of MVwho is exposed to these hazards are properly trained and protected.
List of Hazardous Chemicals – 29 CFR 1910.1200(e) (1) (i) The safety manager and maintenance manager are responsible for preparing and updating the list of all chemicals in the workplace that are potentially hazardous.
Item No.7N
TO: Andrew P. Powers, City Manager
FROM: Clifford G. Finley, Public Works Director
DATE: June 14, 2022
SUBJECT: Stop Sign Installations at Six Intersections (MI 2033) RECOMMENDATION:
Adopt resolution approving stop signs at the following intersections:
1. Calle Cuesta at Darlington Drive: Calle Cuesta facing eastbound traffic
2. Calle Catalpa at Darlington Drive: Calle Catalpa facing eastbound traffic
3. Darlington Drive at Camino del Zuro: Darlington Drive facing southbound traffic
4. Radcliffe Road at Camino del Zuro: Radcliff Road facing southbound traffic
5. Ilex Drive at Adrian Street: Ilex Drive facing westbound traffic
6. Parker Avenue at Lombard Street: Parker Avenue facing southbound traffic FINANCIAL IMPACT:
No Additional Funding Requested. Minimal staff time and costs required to prepare resolution and stop sign installation is included in the Adopted FY 2021- 22 General Fund Budget.
BACKGROUND:
Stop sign control is not provided at many of the older neighborhoods within the City since California Vehicle Code Section 21800 requires the driver of any vehicle approaching from the minor street of a 4-legged intersection or the terminating leg of a T-intersection to stop and yield the right-of-way. The California Manual of Uniform Traffic Control Devices (CA MUTCD) guidelines recommend the use of a stop sign facing the minor street of a 4-legged intersection and the terminating leg of a T-intersection if certain conditions exist to better clarify and regulate right-ofway at an intersection.
Whenever an intersection without stop signs is reported to staff for consideration of stop sign control, a field study is completed to assess whether the CA MUTCD guidelines are met to justify adding stop sign control to better clarify and regulate Item No.7O
Stop Sign Installations at Six Intersections (MI 2033)
June 14, 2022
right-of-way. The following six intersections were recently reviewed by staff based on resident requests:
Calle Cuesta at Darlington Drive (Attachment #1)
Calle Catalpa at Darlington Drive (Attachment #1)
Darlington Drive at Camino del Zuro (Attachment #1)
Radcliffe Road at Camino del Zuro (Attachment #1)
Ilex Drive at Adrian Street (Attachment #2)
Parker Avenue at Lombard Street (Attachment #3)
Staff investigated traffic conditions at the six T-intersections and found that stop signs should be installed to better clarify the rules of the road at each intersection. Stop signs are recommended at these locations to mitigate sight distance issues such as corner landscaping, corner perimeter or structure walls, curbside parked vehicles, and/or horizontal or vertical road curvature.
On April 20, 2022, the Traffic and Transportation Advisory Commission (TTAC) reviewed this matter and voted 3-0 to recommend City Council approve the installation of stop signs at each of the six intersections per the CA MUTCD guidelines. The April 20, 2022 staff report (Attachment #4) details staff's findings.
DISCUSSION/ANALYSIS:
Section 4-3.202. of the Thousand Oaks Municipal Code delegates authority to the City Council to approve stop sign installations by adopting a resolution. Staff recommends approval of a resolution authorizing the installation of the proposed stop signs (Attachment #5), which will be consistent with other intersections citywide that have stop sign control posted at the terminating approach or at the minor street. The stop signs are not intended to control speeds or alleviate traffic volume concerns. The Thousand Oaks Police Department (TOPD) has reviewed the stop signs and concurs with staff's recommendations.
When stop signs are installed by City staff, orange flags will be added to the signs on a temporary basis to bring attention to the change in traffic condition. The flags would be removed after two months. TOPD will also be notified of the new stop sign installations.
Community Outreach: Approximately 83 notices were sent to property owners within a 300-foot radius of each of the intersections notifying residents of the June 14, 2022, City Council meeting. Obtaining community input is a key component of the installation of stop signs.
Similar notices were also sent one week prior to the April 20, 2022, TTAC Item No.7O
Stop Sign Installations at Six Intersections (MI 2033)
June 14, 2022
meeting. One resident attending the TTAC meeting expressed support of the proposed stop sign at Ilex Drive and Adrian Street. No residents expressed opposition to any of the proposed stop sign installations.
CIP PROJECT PRIORITY (as outlined in FY 2021-22 and FY 2022-23 CIP Program Budget)
Priority One — Addresses Health & Safety, legal and regulatory requirements, or a top City Council Priority
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
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.
F. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.
PREPARED BY: Jim Mashiko, Sr. Civil Engineer
Attachments:
Attachment #1 – Vicinity and Location Maps (Area #1)
Attachment #2 – Vicinity and Location Maps (Area #2)
Attachment #3 – Vicinity and Location Maps (Area #3)
Attachment #4 – April 20, 2022 TTAC Staff Report
Attachment #5 – Resolution
DPW:590-50\ev\etm\Council\2022\061422\Stop Sign Installation at Six Locations staff report.docx Item No.7O
ATTACHMENT #1
DPW:590-50\ev\Council\2022\061422\Stop Sign Installation at Six Locations Attachment 1 Vicinity and Location maps Area 1.docx 4 of 6 Proposed Stop Signs
Vicinity Map
Location Map
Calle Cuesta at Darlington Drive
Calle Catalpa at Darlington Drive
Darlington Drive at Camino Del Zuro
Radcliffe Road at Camino Del Zuro
Item No.7O
ATTACHMENT #2
DPW:590-50\ev\Council\2022\061422\Stop Sign Installation at Six Locations Attachment 2 Vicinity and Location Maps Area 2.docx 1 of 6 Proposed Stop Signs
Vicinity Map
Location Map
Ilex Drive at Adrian Street
Item No.7O
ATTACHMENT #3
DPW:590-50\ev\Council\2022\061422\Stop Sign Installation at Six Locations Attachment 3 Vicinity and Location Maps Area 3.docx 1 of 6 Proposed Stop Signs
Vicinity Map
Location Map
Parker Avenue at Lombard Street
Item No.7O
TO: Traffic and Transportation Advisory Commission
FROM: Jim Mashiko, Senior Engineer
DATE: April 20, 2022
SUBJECT: Stop Sign Installation at Six Locations – Public Outreach (ACTION ITEM)
RECOMMENDATION:
Consider staff report, receive public input, and recommend City Council adopt a resolution directing staff to install stop signs at the following six T-intersections:
1. Calle Cuesta at Darlington Drive: Calle Cuesta facing eastbound traffic.
2. Calle Catalpa at Darlington Drive: Calle Catalpa facing eastbound traffic.
3. Darlington Drive at Camino del Zuro: Darlington Drive facing southbound traffic.
4. Radcliffe Road at Camino del Zuro: Radcliff Road facing southbound traffic.
5. Ilex Drive at Adrian Street: Ilex Drive facing westbound traffic.
6. Parker Avenue at Lombard Street: Parker Avenue facing southbound traffic.
BACKGROUND:
Staff received public requests for the City to consider the installation of stop sign control at the following six T-intersections (five of which are located within residential neighborhoods):
• Calle Cuesta at Darlington Drive (Attachment #1)
• Calle Catalpa at Darlington Drive (Attachment #1)
• Darlington Drive at Camino del Zuro (Attachment #1)
• Radcliffe Road at Camino del Zuro (Attachment #1)
• Ilex Drive at Adrian Street (Attachment #2)
• Parker Avenue at Lombard Street (Attachment #3)
The City uses adopted guidelines to regulate the use of stop signs, published in DPW:590-50\ev\Council\2022\061422\Stop Sign Installation at Six Locations Attachment 4 April 20 2022 TTAC staff report.docx ATTACHMENT #4
Item No.7O
Stop Sign Installation at Six Locations
April 20, 2022
the California Manual of Uniform Traffic Control Devices (CAMUTCD).
The guidelines recommend the use of a stop sign facing the minor street of the terminating leg of a T-intersection if certain conditions exist to better clarify and regulate right-of-way at an intersection. All six intersections evaluated by staff have no stop signs posted at any of the approaches.
At T-intersections where stop or yield signs are not posted, Section 21800 of the Vehicle Code requires drivers approaching from the minor street (or the terminating leg) to stop and yield the right-of-way to vehicles on the major street (or through street). The City has adopted a practice to add stop signs facing the terminating leg of a T-intersection to better clarify and remind motorists the need for vehicles approaching the intersection from the terminating street to yield the right-of-way to the uncontrolled cross street.
DISCUSSION/ANALYSIS:
Staff investigated traffic conditions at the six intersections and found that stop signs should be installed to better clarify the rules of the road at each intersection. Stop signs are also recommended to mitigate sight distance issues such as corner landscaping, corner perimeter or structure walls, vehicles parked within driver sight lines, and horizontal or vertical road curvature.
The table below identifies the types of sight distance issues found at these six T-intersections:
Intersection Cause of Visual
Impairment
Location of
Visual
Impairment
Calle Cuesta at Darlington Drive Landscaping and parked vehicles
NE & SE
Corners
Calle Catalpa at Darlington Drive Block wall, vertical road curvature, landscaping,
and parked vehicles
NE & SE
Corners
Darlington Drive at Camino del Zuro Block wall, vertical road curvature, landscaping,
and parked vehicles
SE & SW
Corners
Radcliffe Road at Camino del Zuro Block wall, vertical road curvature, landscaping,
and parked vehicles
SE & SW
Corners
Ilex Drive at Adrian Street Horizontal road curvature,
landscaping, and parked
vehicles
NE & SE
Corners
Parker Avenue at Lombard Street Landscaping and parked
vehicles
SE & SW
Corners
Item No.7O
Stop Sign Installation at Six Locations
April 20, 2022
The proposed stop signs at the six intersections in this report are not intended to control speeds or alleviate traffic volume concerns. The stop signs proposed at these intersections will be consistent with other intersections citywide that have stop sign control posted at the minor street or the terminating approach. It is a “best engineering practice” to use stop signs to clarify and remind drivers of the proper rules of the road when they approach from the minor street. The Thousand Oaks Police Department has reviewed and concurred with the recommendations.
The Municipal Code requires that City Council approve the installation of all stop signs. Therefore, a recommendation to adopt a Resolution (Attachment #4) to install the proposed stop signs at the six locations will be placed on a future City Council agenda for consideration.
Community Outreach: On April 13, 2022, a total of 83 notices were mailed to property owners within a 300-foot radius of each intersection located within residential neighborhoods, to advise residents of the proposed stop sign installations to be considered at the April 20, 2022, Traffic Commission meeting.
Obtaining community input is a key component of the installation of stop signs, when placed within a residential neighborhood.
PREPARED BY: Jim Mashiko, Senior Engineer
Attachments:
Attachment #1 – Vicinity & Location Maps: 4 Locations
Attachment #2 – Vicinity & Location Maps: Ilex Drive at Adrian Street Attachment #3 – Vicinity & Location Maps: Parker Avenue at Lombard Street
Attachment #4 – Draft Resolution
DPW:590-50\H:\Traffic Commission\2022\04202022\Stop Sign Installation at Six Locations staff report.doc Item No.7O
ATTACHMENT #1 TO
THE 4/20/2022 TTAC
STAFF REPORT
DPW:590-50\H:\Traffic Commission\2022\042022\Stop Sign Installation at Six Locations Att 1.docx 4 of 6 Proposed Stop Signs
Vicinity Map
Location Map
Calle Cuesta at Darlington Drive
Calle Catalpa at Darlington Drive
Darlington Drive at Camino Del Zuro
Radcliffe Road at Camino Del Zuro
Item No.7O
ATTACHMENT #2 TO
THE 4/20/2022 TTAC
STAFF REPORT
DPW:590-50\H:\Traffic Commission\2022\042022\Stop Sign Installation at Six Locations Att 2.docx 1 of 6 Proposed Stop Signs
Vicinity Map
Location Map
Ilex Drive at Adrian Street
Item No.7O
ATTACHMENT #3 TO
THE 4/20/2022 TTAC
STAFF REPORT
DPW:590-50\H:\Traffic Commission\2022\042022\Stop Sign Installation at Six Locations Att 3.docx 1 of 6 Proposed Stop Signs
Vicinity Map
Location Map
Parker Avenue at Lombard Street
Item No.7O
ATTACHMENT #4 TO
THE 4/20/2022 TTAC
STAFF REPORT
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THOUSAND OAKS ESTABLISHING STOP SIGNS AT THE
INTERSECTIONS OF CALLE CUESTA AT DARLINGTON DRIVE,
CALLE CATALPA AT DARLINGTON DRIVE, DARLINGTON
DRIVE AT CAMINO DEL ZURO, RADCLIFFE ROAD AT CAMINO
DEL ZURO, ILEX DRIVE AT ADRIAN STREET, AND PARKER
AVENUE AT LOMBARD STREET
WHEREAS, the Public Works Department has conducted a traffic and engineering review at the subject intersections; and
WHEREAS, the subject intersections have become a matter of concern with regard to regulating vehicular right-of-way; and
WHEREAS, the T-intersection of Calle Cuesta at Darlington Drive currently does not have stop signs facing any directions when entering the intersection; and
WHEREAS, the T-intersection of Calle Catalpa at Darlington Drive currently does not have stop signs facing any directions when entering the intersection; and
WHEREAS, the T-intersection of Calle Darlington Drive at Camino del Zuro currently does not have stop signs facing any directions when entering the intersection; and
WHEREAS, the T-intersection of Radcliffe Road at Camino del Zuro currently does not have stop signs facing any directions when entering the intersection; and
WHEREAS, the T-intersection of Ilex Drive at Adrian Street currently does not have stop signs facing any directions when entering the intersection; and WHEREAS, the T-intersection of Parker Avenue at Lombard Street currently does not have stop signs facing any directions when entering the intersection; and
WHEREAS, in the best interest of the motoring public, stop signs are needed to regulate right-of-way and/or to mitigate visibility issues caused by horizontal or vertical road curvature, visibility issues created by parked curbside vehicles, and/or private corner landscaping or block walls at the subject locations; and
Item No.7O
DPW:590-50\etm\H:\Traffic Commission\2022\042022\Stop Sign Installation at Six Locations Resolution.docx
WHEREAS, the installation of stop signs at the subject locations is consistent with the established guidelines published in the California Manual of Uniform Traffic Control Devices (CA MUTCD).
NOW, THEREFORE, BE IT RESOLVED that the Public Works
Department is directed to erect the necessary stop signs facing traffic for Calle Cuesta facing eastbound traffic at Darlington Drive, Calle Catalpa facing eastbound traffic at Darlington Drive, Darlington Drive facing southbound traffic at Camino del Zuro, Radcliffe Road facing southbound traffic at Camino del Zuro, Ilex Drive facing westbound traffic at Adrian Street, and Parker Avenue facing southbound traffic at Lombard Street.
.
PASSED AND ADOPTED this ___th day of _________, 202_______ by the following vote:
Ayes:
Noes:
Absent:
________________________________
Bob Engler, Mayor
City of Thousand Oaks, CA
ATTEST/CERTIFY:
Cynthia M. Rodriguez, City Clerk
Date Attested:____________________
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.7O
ATTACHMENT #5
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THOUSAND OAKS ESTABLISHING STOP SIGNS AT THE
INTERSECTIONS OF CALLE CUESTA AT DARLINGTON DRIVE,
CALLE CATALPA AT DARLINGTON DRIVE, DARLINGTON
DRIVE AT CAMINO DEL ZURO, RADCLIFFE ROAD AT CAMINO
DEL ZURO, ILEX DRIVE AT ADRIAN STREET, AND PARKER
AVENUE AT LOMBARD STREET
WHEREAS, the Public Works Department has conducted a traffic and engineering review at the subject intersections; and
WHEREAS, the subject intersections have become a matter of concern with regard to regulating vehicular right-of-way; and
WHEREAS, the T-intersection of Calle Cuesta at Darlington Drive currently does not have stop signs facing any directions when entering the intersection; and
WHEREAS, the T-intersection of Calle Catalpa at Darlington Drive currently does not have stop signs facing any directions when entering the intersection; and
WHEREAS, the T-intersection of Calle Darlington Drive at Camino del Zuro currently does not have stop signs facing any directions when entering the intersection; and
WHEREAS, the T-intersection of Radcliffe Road at Camino del Zuro currently does not have stop signs facing any directions when entering the intersection; and
WHEREAS, the T-intersection of Ilex Drive at Adrian Street currently does not have stop signs facing any directions when entering the intersection; and WHEREAS, the T-intersection of Parker Avenue at Lombard Street currently does not have stop signs facing any directions when entering the intersection; and
WHEREAS, in the best interest of the motoring public, stop signs are needed to regulate right-of-way and/or to mitigate visibility issues caused by horizontal or vertical road curvature, visibility issues created by parked curbside vehicles, and/or private corner landscaping or block walls at the subject locations.
Item No.7O
DPW:590-50\2022\06142022\Stop Sign Installation at Six Locations Resolution.docx
WHEREAS, the installation of stop signs at the subject locations is consistent with the established guidelines published in the California Manual of Uniform Traffic Control Devices (CA MUTCD);
WHEREAS, on April 20, 2022, the Traffic and Transportation reviewed the staff report to consider the installation of stop signs at six T-intersections, each stop sign to be placed at the terminating leg, and recommended by a vote of 3-0 that the six stop signs be approved by the City; and WHEREAS, on June 14, 2022, the City Council voted ____ to accept the Traffic and Transportation Advisory Commission Recommendation of April 20, 2022, to install the subject stop signs.
WHEREAS, Section 4-3.202. of the Thousand Oaks Municipal Code delegates authority to the City Council to approve stop sign installations by adopting a resolution: and
NOW, THEREFORE, BE IT RESOLVED that the Public Works
Department is directed to erect the necessary stop signs facing traffic for Calle Cuesta facing eastbound traffic at Darlington Drive, Calle Catalpa facing eastbound traffic at Darlington Drive, Darlington Drive facing southbound traffic at Camino del Zuro, Radcliffe Road facing southbound traffic at Camino del Zuro, Ilex Drive facing westbound traffic at Adrian Street, and Parker Avenue facing southbound traffic at Lombard Street.
.
PASSED AND ADOPTED this 14th day of June 2022 by the following vote:
Ayes:
Noes:
Absent:
________________________________
Bob Engler, Mayor
City of Thousand Oaks, CA
ATTEST/CERTIFY:
Cynthia M. Rodriguez, City Clerk
Date Attested: ____________________
Item No.7O
DPW:590-50\2022\06142022\Stop Sign Installation at Six Locations Resolution.docx
APPROVED AS TO FORM:
Office of the City Attorney
Tracy Friedl, Assistant City Attorney
APPROVED AS TO ADMINISTRATION:
________________________________
Andrew P. Powers, City Manager
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.
DPW:590-50\ev\Council\2022\061422\Stop Sign Installation at Six Locations Attachment 5 Resolution.docx Item No.7O
TO: Andrew P. Powers, City Manager
FROM: Kelvin Parker, Community Development Director
DATE: June 14, 2022
SUBJECT: Mixed-Use Project at 325 and 391 Hampshire Road (Former Kmart Site); Applicant: IMT Capital V Hampshire, LLC
RECOMMENDATION:
1. Adopt resolution certifying the Final Environmental Impact Report (FEIR) 2021-70442, Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations prepared in accordance with the California Environmental Quality Act (CEQA) for the subject project and approving Development Agreement 2021-70399 to specify public and private benefits and responsibilities related to the project and approving General Plan Land Use Amendment 2021-70215 to change the General Plan land use designation from Commercial to Commercial/Residential; Zone Change 2021-70216 to change zoning designation of Neighborhood Commercial (C-1) to Specific Plan 22 (SP 22); Specific Plan 2021-70397 to establish specific development standards for the mixed-use project; Development Permit 2021-70214 for the proposed mixed-use and “townhome style” apartment buildings and associated development; Lot Line Adjustment 2021-70398 to establish two legal lots of record; Protected Tree Permit 2021-70400 to allow the removal of three (3) coast live oak (Quercus agrifolia) trees and encroachment into the protected zone of two (2) coast live oak (Quercus agrifolia) trees and two California sycamore (Platanus racemosa) trees.
2. Read ordinances in title only, further reading be waived, and, if no objection, introduce ordinance adopting SP 22 (325 and 391 Hampshire Road), and its associated General Plan Amendment, and authorizing the land uses and development standards in said Specific Plan and introduce ordinance approving DAGR 2021-70399.
FINANCIAL IMPACT:
No Additional Funding Requested. Costs are limited to staff time to process the entitlements and to prepare this report. Costs are offset by the filing fees paid by the applicant. Staff time expended to prepare and process the permits and Environmental Impact Report (EIR) was billed to the applicant in accordance with the City’s Adopted Fee Schedule.
Item No. 8A
Mixed-Use Project at 325 and 391 Hampshire Road
June 14, 2022
BACKGROUND:
The project site consists of two parcels totaling 10.97 acres at 325 and 391 Hampshire Road, generally located south of US 101, west of Hampshire Road, and north and east of Foothill Drive (Attachments #1, #2, and #3). A resolution, ordinances, and development agreement in support of the project are included as Attachments #4, #5, and #6.
On May 12, 2020, City Council authorized a Residential Capacity Allocation (RCA) and initiation of a General Plan Amendment for the above project, which allocated 353 multi-family units for the residential portions of the project.
On August 25, 2020, a Pre-Application was submitted. Staff met with the applicant and provided development requirements and other project specifics.
On January 13, 2021, an Economic Development Ad Hoc meeting was conducted to evaluate the concept and suggest revisions to the initial concept. The Ad Hoc committee included two City Council members and city staff.
On April 21, 2021, the applicant team began submitting the subject formal applications to construct the proposed mixed-use development.
On May 23, 2022, this item was scheduled for hearing to be considered by the Planning Commission, but was continued to June 8, 2022. The continuance was requested by the applicant to allow additional time to review and assess correspondence submitted after publication of the May 23, 2022 project staff report.
On June 8, 2022, the Planning Commission conducted a properly-noticed public hearing, received oral and written evidence, including a staff report, and arguments from all interested parties appearing in the matter. The Planning Commission voted (5 pro, 0 con) to recommend that City Council approve the project and certify the Final Environmental Impact Report prepared for the project (Attachment #7).
DISCUSSION/ANALYSIS:
This discussion provides a broad overview of the project components and details.
Focused and detailed discussion and evaluation on the project is contained in the June 8, 2022 Planning Commission staff report (Attachment #8). Included as attachments to the Planning Commission staff report are:
Attachment #1 – Vicinity Map
Attachment #2 – Location Map
Attachment #3 – Aerial Photo
Attachment #4 – Resolution
Item No. 8A
Mixed-Use Project at 325 and 391 Hampshire Road
June 14, 2022
Attachment #5A – GPA and SP-22 Ordinance
Attachment #5B – DAGR 2021-70399 Ordinance
Attachment #6 – Project Plans, dated May 3, 2022
Attachment #7 – Protected Tree Report, dated May 2022
Attachment #8 – Draft EIR (DEIR)
Attachment #9 – Draft EIR Executive Summary
Attachment #10 – Development Agreement
Attachment #11 Public Correspondence (May 23, 2022 PC)
Attachment #12 Further Public Correspondence (after May 23, 2022 PC) Project Evolution
Subsequent to the May 12, 2020 meeting, City Council authorized allocation of Measure E residential units, and, in response to direction by City Council, the applicant refined the project as follows:
1. Reduced number of total proposed units, from 459 to 420;
2. Increased total proposed affordable units, from 32 affordable to 54 affordable; and
3. Increased the 4th floor setback to reduce the building size, mass and scale.
Development Permit Submittal
The initial concept considered by City Council on May 12, 2020, included two 4- story mixed-use buildings on the eastern portion of the site along Hampshire Road, and townhome-style apartment buildings at the westerly portion of the site. Pocket parks, dog park, outdoor children’s play area, community room, community pool with pool house and barbeque area, dining plazas, and seating areas, amongst other amenities are proposed in the project area.
In response to City Council comments and feedback, several project features were modified. The applicant increased the 4th floor setbacks, included additional rooftop decks, provided additional articulation in the form of building relief, window fenestration, and material and color transitions. Figure 1 demonstrates the original concept configuration.
Item No. 8A
Mixed-Use Project at 325 and 391 Hampshire Road
June 14, 2022
Figure 1: Original Project Proposal – East Elevation
Modified Project
Through the evaluation process, various refinements to the original concept occurred, including project modifications recommended by City Council. This modified plan maintains a mixed-use project that would be developed in two construction phases. Phase 1 involves development of 13 townhomes buildings, internal access roads, and surrounding open spaces and amenities on the westerly portion of the site. Phase 2 includes construction of the two mixed-use podium buildings, associated subterranean parking structures, hardscape, landscape, and grading on the easterly portion of the property. Between phases, a construction fence would be installed to separate Phase 1 and 2 areas to accommodate leasing of townhomes prior to Phase 2 completion. Leasing operations is proposed to operate temporarily out of the two-story, 5,000 s.f., amenity building located between the mixed-use buildings and townhomes (Figure 2).
Figure 2: Modified Site Plan – Current Proposal
Item No. 8A
Mixed-Use Project at 325 and 391 Hampshire Road
June 14, 2022
The key project design refinements as demonstrated in Figures 3 and 4 include:
Increased 4th floor setback ranging from 34 feet to 78 feet. Expanded rooftop terraces, including two skydecks overlooking Hampshire Road with views of the hillsides and open space to the east. Reduced residential unit count from 459 to 420. A total of 16 units were removed as a result of the increased 4
th floor setback.
Reduced building floor area by 15,252 s.f.
Improved internal pedestrian circulation due to bulb-outs and raised crosswalks at the main circulation drive.
Increased guest parking spaces from 43 to 55 parking spaces. The addition of seven live/work units to the project. A learning/tutoring center for use by children residing in the mixed-use and townhome apartments.
Figure 3: Modified Elevation – Current Proposal
Figure 4: Modified Elevation 4th Floor Setback – Current Proposal Item No. 8A
Mixed-Use Project at 325 and 391 Hampshire Road
June 14, 2022
In addition to the well-designed site plan, provision of housing, public open space and on-site amenities, other notable features of the project include:
1. Architectural Design: The project features substantial façade elements such as archways, balconies, canopies, overhangs, vertical and horizontal articulation, roof line variation, enhanced building materials, extensive glazing, large expansive and multi-pane windows, and recessed 4th floor resulting in a visually interesting and attractive design.
2. Open Space: Approximately 24 percent (124,170 s.f.) of the project site is devoted to exterior public open space areas. Several internal paseo networks provide connectivity throughout the site and surrounding properties to the south and northeast of the site. These paseos specifically provide connectivity to the plazas, dog park, and pocket parks.
3. Affordable Units: The project includes 50 apartments (15 percent of the 329 base units) for low-income residents (income less than 80 percent of Ventura County median income). These include four (4) studio units, 26 one-bedroom units, and 20 two-bedroom units, with each residential floor containing at least one of the affordable units. In addition, applicant agreed to dedicate four (4) units for moderate-income residents for a total count of 54 affordable units in the project (16 percent of the 329 base units). These moderate-income affordable units include two (2) studio units and two (2) one-bedroom units. These units will be mixed within market-rate units of the mixed-use buildings with no discernable difference between unit types. All affordable units will be restricted to low-income for 55 years.
Development Agreement
A Development Agreement (“DAGR”) is required for approval of projects that are allocated Measure E units. This agreement is a contract between the property owner and the City to ensure specific deliverables and site expectations are in place to ensure public benefit, such as the inclusion of affordable units, site improvements, certain number of residential units, open space and commercial uses. Thousand Oaks Municipal Code Section 9-11.01 et seq. outlines the process for implementation of a development agreement. The applicant’s representatives and staff have worked together to prepare an agreement in compliance with the Municipal Code that identifies public and private benefits and responsibilities. An overview of the DAGR is provided in the Planning Commission staff report (Attachment #8), with the entire DAGR provided as Attachment #9 to this report.
Environmental Review (CEQA)
Item No. 8A
Mixed-Use Project at 325 and 391 Hampshire Road
June 14, 2022
In accordance with CEQA, a comprehensive evaluation of the potential environmental impacts for this project was performed by the City, which is the Lead Agency. This evaluation determined that the project could have a significant effect on the environment without appropriate mitigation measures in place, therefore an EIR (Attachment #10) was prepared for the project. Measures are detailed in the report to ensure appropriate mitigation is applied and no significant adverse environmental impact results from the project. To that end, a mitigation monitoring plan is required to ensure the indicated mitigation measures are applied to the project.
A Notice of Availability was posted with a 45-day public review period for the Draft EIR (DEIR) between April 11, 2022 and May 25, 2022. Correspondence was received from the public (non-agency) as well as public agencies that include:
California Department of Fish and Wildlife, Ventura County Air Pollution Control District (VCAPCD), California Department of Transportation (DOT), Ventura County Environmental Health, Ventura County Public Works, and Conejo Recreation and Park District (CRPD) regarding the DEIR posting, which are included in the June 8, 2022 Planning Commission staff report public correspondence (Attachment #8). None of the comments received on the DEIR for this project merit any substantive change to the environmental analysis or conclusions contained in the DEIR and any request to have the DEIR recirculated is meritless. The CEQA Findings for the FEIR (Attachment #11), including the Mitigation Monitoring and Reporting Program (MMRP), Statement of Overriding Considerations (SOC), and Response to Comments (RTC) is included for City Council’s information. It is therefore recommended that City Council adopt and certify the FEIR prepared for the project in accordance with the CEQA (EIR 2021- 70442).
Statement of Overriding Considerations
The proposed project will result in significant and unavoidable impacts due to noise resulting from temporary vibration and construction. In order to approve the proposed project with significant and unavoidable impacts, the City Council must adopt a SOC. This is a specific finding required by CEQA that the project includes substantial benefits that outweigh its adverse environmental impact and is adapted to fit local conditions and priorities. It is common for cities to approve a project with significant and unavoidable impacts for a project of this size and scope when the project has significant benefits. In this case, the proposed development and Specific Plan benefits include revitalization of the neglected commercial center, economic investment, new housing, opportunities for more affordable housing, proximity of work opportunities to housing opportunities, proximity of work opportunities to public transit, creation of a walkable district and enhanced public realm, generation of revenue and various other community benefits. In weighing the temporary noise impacts from construction against the benefits of the project, staff contends that the benefits outweigh the noise factor and the SOC should be Item No. 8A
Mixed-Use Project at 325 and 391 Hampshire Road
June 14, 2022
adopted. The SOC is included as part of the CEQA Findings. City Council is the final decision-making body on all documents associated with the certification of the Final EIR.
Community Outreach
The applicant team conducted five community outreach meetings on the following dates:
April 28, 2020 – adjacent neighbors were invited to a Zoom meeting hosted by applicant team. Approximately 6 people attended.
February 24, 2021 – Meeting with the Greater Conejo Valley Chamber of Commerce Board of Directors. Approximately 30 Directors attended. September 22, 2021 – Zoom meeting with Conejo Climate Coalition.
Approximately 6-8 people attended.
October 27, 2021 – Zoom meeting with Conejo Climate Coalition.
Approximately 6-8 people attended.
November 9, 2021 – Meeting with the Greater Conejo Valley Chamber of Commerce Board of Directors. Approximately 30 Directors attended. May 18, 2022 – Zoom meeting with operator of Little Dreamers Pre-school. June 7, 2022 – In-person meeting with operator of Little Dreamers Preschool. June 7, 2022 – Zoom meeting with Conejo Climate Coalition.
Planning Commission Recommendation
On June 8, 2022, the Planning Commission, after conducting a public hearing and receiving public testimony, recommended that City Council approve the project.
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.
Item No. 8A
Mixed-Use Project at 325 and 391 Hampshire Road
June 14, 2022
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
F. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.
J. Implement high quality revitalization projects within Thousand Oaks Boulevard and Newbury Road Areas; Develop a pedestrian-oriented, viable, and self-sustaining Downtown;” and, continue to support production of long-term affordable housing.
PREPARED BY: Carlos Contreras, Senior Planner
Attachments:
Attachment #1 – Vicinity Map
Attachment #2 – Location Map
Attachment #3 – Aerial Photo
Attachment #4 – Resolution for Approval
Attachment #5 – GPA and SP-22 Ordinance
Attachment #6 – DAGR 2021-70399 Ordinance
Attachment #7 – Planning Commission Resolution
Attachment #8 – Planning Commission Staff Report dated June 8, 2022 Attachment #9 – Development Agreement
Attachment #10 – Draft EIR
Attachment #11 – CEQA Findings (MMRP/SOC/RTC) Final EIR cdd:420-82:Common/CityCouncil/CCAgendaItems/2022/061422CityCouncilStaffReport-IMT Item No. 8A
S Westlake Blvd
E Thousand Oaks Blvd N Westlake Blvd E Hillcrest Dr
Agoura Rd
Triunfo Canyon Rd Hampshire Rd
Erbes Rd
E Potrero Rd
LU 2021-70215, Z 2021-70216, SP 2021-70397,
DP 2021-70214, LLA 2021-70398, PTP 2021- 70400,
DAGR 2021-70399, EIR 2021-70442
IMT Capital V Hampshire - Vicinity Map
0 2,000 4,000 1,000 U:\cdcjansen\_Case Maps\2021\2021-70215-IMT-KMart\2021-70215-IMT-KMart.aprx Feet
Site
City of Thousand Oaks
Community Development Department
ATTACHMENT #1
Item No. 8A
Foothill Dr
101 FREEWAY Hampshire Rd
Industrial
Low Density
Commercial
High Density
Institutional
Medium Density
Very Low Density
Existing Park,
Golf, Open Space
Industrial
LU 2021-70215, Z 2021-70216, SP 2021-70397,
DP 2021-70214, LLA 2021-70398, PTP 2021- 70400,
DAGR 2021-70399, EIR 2021-70442
IMT Capital V Hampshire - Location Map
U:\cdcjansen\_Case Maps\2021\2021-70215-IMT-KMart\2021-70215-IMT-KMart.aprx City of Thousand Oaks
Community Development Department
0 150 300 600
Feet
Subject
Property
ATTACHMENT #2
Item No. 8A
Foothill Dr
Hampshire Rd
Willow Ln
Fairview Rd
LU 2021-70215, Z 2021-70216, SP 2021-70397,
DP 2021-70214, LLA 2021-70398, PTP 2021- 70400,
DAGR 2021-70399, EIR 2021-70442
IMT Capital V Hampshire - Aerial Map
U:\cdcjansen\_Case Maps\2021\2021-70215-IMT-KMart\2021-70215-IMT-KMart.aprx City of Thousand Oaks
Community Development Department
0 100 200 300 50
Feet
Subject
Property
ATTACHMENT #3
Item No. 8A
cdd: 420-60/Resolution-Council 01/pz (FILE ID: EIR 2021-70442)
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF THOUSAND OAKS APPROVING A
GENERAL PLAN AMENDMENT, ZONE CHANGE;
SPECIFIC PLAN; DEVELOPMENT AGREEMENT;
DEVELOPMENT PERMIT; LOT LINE ADJUSTMENT;
PROTECTED TREE PERMIT; AND ADOPT AND
CERTIFY FINAL ENVIRONMENTAL IMPACT
REPORT AND ASSOCIATED MITIGATION
MONITORING AND REPORTING PROGRAM AND
STATEMENT OF OVERRIDING CONSIDERATIONS
FOR THE USE OF CERTAIN PROPERTY WITHIN
SAID CITY AT 325 AND 391 HAMPSHIRE ROAD.
APPLICATIONS: LU 2021-70215; Z 2021-70216; SP
2021-70397; DAGR 2021-70399; DP 2021-70214;
LLA 2021-70398; PTP 2021-70400 and FEIR 2021-
70442 (IMT CAPITAL V HAMPSHIRE, LLC)
WHEREAS, the applicant filed a petition requesting approval of a General Plan Amendment; Zoning Change; Specific Plan; Development Agreement; Development Permit; Lot Line Adjustment; Protected Tree Permit; and Environmental Impact Report (EIR) under the provisions of the City of Thousand Oaks Municipal Code to allow construction of a two mixed-use buildings and 13 “townhome-style” apartment buildings with 420 residential units, 15,000 square-feet (s.f.) of retail space, two subterranean parking structures, landscape, hardscape, and grading, including a leasing office, community rooms, live/work units, and pool with barbeque area on land located at 325 and 391 Hampshire Road; and WHEREAS, pursuant to California Environmental Quality Act (CEQA) and the CEQA Guidelines, the City prepared a Draft Environmental Impact Report (DEIR) for the project and following public review of the DEIR the City prepared a Final Environmental Impact Report (FEIR) responding to public comments and refining the DEIR, and subsequently the City prepared a FEIR Errata correcting minor clerical details in the FEIR (the Draft EIR, Final EIR and Final EIR Errata together, the Final Environmental Impact Report (FEIR) 2021-70442; and WHEREAS, the City prepared written responses to the comments received during and immediately following the public review and comment period and included those comments and responses in a separate volume entitled “Final Environmental Impact Report For T.O. Ranch Mixed-Use and Multi-Family Residential Redevelopment Project” dated June 2022 (the Final EIR). The City also prepared a Mitigation Monitoring and Reporting Program regarding ATTACHMENT #4
Item No. 8A
cdd: 420-60/Resolution-Council 01/pz (FILE ID: EIR 2021-70442)
implementation of mitigation measures specified in the EIR (MMRP) pursuant to the requirements of CEQA and the CEQA Guidelines; and
WHEREAS, the Planning Commission, upon giving the required notice, did, on the 23rd day of May, 2022, open a duly-advertised public hearing as prescribed by law to consider said application; and
WHEREAS, on the 23rd day of May, 2022, the Planning Commission, at the request of the applicant continued the item to a date certain of June 8, 2022; and WHEREAS, on June 8, 2022, the Planning Commission of the City of Thousand Oaks conducted a duly advertised public hearing and recommended approval of the project to City Council; and
WHEREAS, pursuant to Section 9-4.2803(a)(1) of the Thousand Oaks Municipal Code, the matter was referred to City Council for a decision, and upon notice duly given as required by law, a public hearing was held by the City Council of the City of Thousand Oaks on June 14, 2022, at which time evidence, both oral and written, including the applicant’s testimony, public input, City Staff Report and exhibits, were presented and received, and arguments were heard from all interested parties appearing in the matter; and
WHEREAS, a resolution is required to formalize City Council action pursuant to Section 9-4.2803(a)(1) of the Thousand Oaks Municipal Code and this resolution is adopted for that purpose and reflects the action of a majority of the members of the City Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Thousand Oaks hereby adopts and certifies Final Environmental Impact Report, including the statements, facts and findings in the document entitled “Findings of Fact and Statement of Overriding Considerations” attached as Exhibit A and incorporated by reference (the “CEQA Findings”) and the applications for LU 2021- 70215, Z 2021-70216, SP 2021-70397, DAGR 2021-70399, DP 2021-70214, LLA 2021-70398; and PTP 2021-70400 are approved based on the findings set forth below and subject to conformance with the conditions set forth and attached hereto and made a part hereof. Except as otherwise expressly indicated, said conditions shall be fully performed and completed or shall be secured by a bank or cash deposit or other security satisfactory to the City Attorney. The violation of any of the conditions shall be grounds for revocation of said permits by City Council. The City Council bases its decision on the following findings:
SECTION 1
FINDING FOR APPROVAL AND CERTIFICATION OF FEIR 2021-70442:
Item No. 8A
cdd: 420-60/Resolution-Council 01/pz (FILE ID: EIR 2021-70442)
1. FEIR 2021-70442 was prepared in accordance with the requirements of the California Environmental Quality Act, includes all comments received on the DEIR and the City’s response thereto, reflects the independent judgement of the City of Thousand Oaks, and has been reviewed and considered by the City Council prior to making its decision.
2. Changes or alterations have been incorporated into the project through design or conditions that reduce potentially significant environmental impacts to a less than significant level, as identified in the Final EIR.
3. FEIR 2021-70442 identifies Biological Resources, Cultural Resources, Geological and Soils, Hazards and Hazardous Materials, Tribal Cultural Resources, and Noise as potential and less than significant impacts.
Mitigation Measures have been imposed upon the project which will feasibly reduce or eliminate any potential adverse effects to less than significant levels. On the basis of FEIR 2021-70442, the Mitigation Monitoring and Reporting Program and any comments received, it is found that, as mitigated there is no substantial evidence that the project will have a significant effect on the environment.
4. The FEIR identified a certain environmental effect of the project that may remain significant and unavoidable, due to noise resulting from temporary vibration and construction, despite recommended mitigation measures.
However, certain considerations and public benefits of the project outweigh these unavoidable adverse effects and justify and support accepting those effects and approving the project, as described in the Statement of Overriding Considerations (SOC) included in the CEQA Findings.
5. The City Council has considered additional mitigation measures that might reduce or avoid such significant impacts, and the Council has determined that they are either not available or not feasible. The FEIR evaluated alternatives to the project that might reduce or avoid such significant impacts, which the City Council has considered, and the Council has determined that there are no feasible alternatives that accomplish all or most of the objectives for the project, and the proposed project is the best alternative that can be feasibly implemented taking into consideration the relevant economic, legal, social, technological and other reasons and public benefits of the proposed project.
6. A Mitigation Monitoring and Reporting Program (MMRP) has been prepared for the project associated with this application, and is incorporated herein by reference. The MMRP designates responsibility and anticipated timing for the implementation of mitigation measures imposed as conditions of approval which are fully enforceable through fees, permit conditions, agreements or other measures. The MMRP attached as Exhibit B and Item No. 8A
cdd: 420-60/Resolution-Council 01/pz (FILE ID: EIR 2021-70442)
incorporated by reference describes the mitigation measures recommended by the EIR to reduce and avoid potential significant effects of the project, and adequately identifies the appropriate timing and enforcement details for each to ensure each mitigation measure is implemented.
7. FEIR 2021-70442 has been reviewed for conformance with the provisions of the California Environmental Quality Act. For this application, the City is the Lead Agency and, on behalf of the Applicant, the City Council is being asked to (a) adopts and makes the CEQA Findings and certify the EIR as legally adequate under CEQA as to each development application associated with the project (b) determine that identified considerations and public benefits outweigh the significant unavoidable adverse environmental effect and that mitigation measures and alternatives which might reduce or avoid such effect are not feasible, and adopt the Statement of Overriding Considerations to support its approval of the project development applications, and (c) adopt the MMRP and incorporate its provisions as conditions of approval for project to the extent appropriate.
Exhibit A: CEQA Findings
Exhibit B: MMRP
Exhibit C: Final EIR Errata
SECTION 2
FINDING FOR APPROVAL OF LU 2021-70215:
1. The General Plan amendment is consistent with the Thousand Oaks Land Use Element of the General Plan, as proposed to be amended, in that the subject property will be designated as Commercial/Residential Land Use category and located within the proposed SP-22, which allows the proposed mixed-use and multi-family residential uses.
SECTION 3
FINDINGS FOR APPROVAL OF Z 2021-70216:
1. The zone change is consistent with the Thousand Oaks General Plan, as proposed to be amended, including the Land Use Element, in that the subject property will designated as a Commercial/Residential Land Use category and located within the proposed SP-22, which allows the proposed mixed-use and multi-family residential uses, including the General Plan goal “to provide the framework for a planned and unified community containing a balance of living, working, shopping, educational, civic, cultural and recreational facilities.”
Item No. 8A
cdd: 420-60/Resolution-Council 01/pz (FILE ID: EIR 2021-70442)
2. The proposed zone change will re-designate approximately 10.97-acres of land from Neighborhood Commercial (C-1) to the Thousand Oaks Ranch Specific Plan–22 (SP-22). Upon adoption of the zone change, the subject project will meet this finding because the proposed General Plan land use designation for this property is “Commercial/Residential,” and the development type and uses proposed conform to the General Plan designation. This designation permits commercial uses, residential uses, or a combination of both commercial and residential. The proposed project includes commercial and residential development on the site. Further, the proposed project is consistent with the General Plan goals to provide opportunities “enabling commercial, industrial and residential development to flourish in an efficient and compatible manner.” The proposed specific plan is in alignment with Thousand Oaks General Plan goals and policies.
Therefore, the proposed Zone Change and project meets this finding.
3. The proposed Zone Change has been reviewed for conformance with the provisions of the California Environmental Quality Act. For this application, the City is the Lead Agency and, on behalf of the Applicant, the City Council is being asked to certify the Final Environmental Impact Report that was prepared for the project. The Final EIR identifies where all areas listed as potentially significant have been mitigated to levels that are no longer significant, through the inclusion of mitigation measures, which the applicant shall comply with under the proposed conditions of approval.
In order to approve the proposed project with significant and unavoidable impacts due to noise resulting from temporary vibration and construction, the City Council must adopt a Statement of Overriding Considerations. This is a specific finding required by CEQA that the Project includes substantial benefits that outweigh its adverse environmental impact and is adapted to fit local conditions and priorities. The proposed development and Specific Plan benefits include revitalization of the blighted commercial center, economic investment, new housing, opportunities for more affordable housing, proximity of work opportunities to housing opportunities, proximity of work opportunities to public transit, creation of a walkable district and enhanced public realm, generation of revenue and various other community benefits.
SECTION 4
FINDINGS FOR APPROVAL OF DP 2021-70214:
1. The design of the new mixed-use development complies with all applicable laws, regulations, and policies, including the proposed Specific Plan, Architectural Design Guidelines for Commercial Projects (Res. No. 2005- 011), and Precise Plan of Design Guidelines (Res. No. 2006-108). The Item No. 8A
cdd: 420-60/Resolution-Council 01/pz (FILE ID: EIR 2021-70442)
proposed buildings are comparable in massing and scale with other similar buildings within the vicinity of the subject property and incorporates enhanced architectural design, including vertical and horizontal design elements and decorative material finishes and colors, and meets all applicable development standards for the proposed Specific Plan.
2. The project will not be detrimental to public health, safety, or general welfare because the project has been reviewed and approved by the Community Development Department, Public Works Department, Police Department, and the Ventura County Fire Department (VCFD), and in compliance with the CEQA. With the incorporation of the conditions set forth by these departments and agencies and inclusion of mitigation measures, the project will not be detrimental to public health, safety, or general welfare.
3. The proposed mixed-use development is compatible with the surrounding land uses in the vicinity because it is located within an urbanized setting with established infrastructure and nearby comparable uses.
4. The proposed Development Permit has been reviewed for conformance with the provisions of the California Environmental Quality Act. For this application, the City is the Lead Agency and, on behalf of the Applicant, the City Council is being asked to certify the Final Environmental Impact Report that was prepared for the project. The Final EIR identifies where all areas listed as potentially significant have been mitigated to levels that are no longer significant, through the inclusion of mitigation measures, which the applicant shall comply with under the proposed conditions of approval.
SECTION 5
FINDINGS FOR APPROVAL OF SP 2021-70397:
1. The proposed Specific Plan (SP-22) establishes development standards, allowed uses, and policy guidelines for a mixed-use development with a pedestrian-oriented and interactive environment. Prominent pedestrian entries from the public right-of-way, the project’s common plazas, and multiple gathering areas within the project site work to create a viable residential community. Along with the amendment to the General Plan to allocate 329 dwelling units of the Citywide Measure E capacity to SP-22, the mixed-use project with building frontage along Hampshire Road is consistent with all Elements of the Thousand Oaks General Plan.
2. The development standards and uses of the Specific Plan, along with the companion land use amendment, is consistent with all applicable Elements of the Thousand Oaks General Plan, including the Land Use Element designation of “Commercial/Residential” and with the General Plan goal, “to Item No. 8A
cdd: 420-60/Resolution-Council 01/pz (FILE ID: EIR 2021-70442)
provide the framework for a planned and unified community containing a balance of living, working, shopping, educational, civic, cultural and recreational facilities.”
3. The proposed project and Specific Plan are unified by design. The specific plan specifies development standards with respect to building location, height, number of required parking spaces, allowed uses, and other development standards. Since these project details are specified in the specific plan, the project’s standards are bound by SP-22, and are therefore, consistent.
4. The Specific Plan and project will be consistent with the housing element to provide rental housing in the form of 50 low-income affordable units and four (4) moderate-income affordable units.
5. The Specific Plan standards and proposed project are consistent with the City’s Architectural Guidelines as conditioned in that the project design provides for vertical and horizontal building articulation and a variety of colors/materials.
6. The project is consistent with all applicable laws, regulations and policies, including the Thousand Oaks Municipal Code that allows for specific development standards through adoption of a specific plan.
7. The standards and uses of the Specific Plan will not be detrimental to the public health, safety or general welfare.
8. The proposed Specific Plan at the proposed location will be compatible with land uses in the vicinity.
9. The proposed Specific Plan has been reviewed for conformance with the provisions of the California Environmental Quality Act. For this application, the City is the Lead Agency and, on behalf of the Applicant, the City Council is being asked to certify the Final Environmental Impact Report that was prepared for the project. The Final EIR identifies where all areas listed as potentially significant have been mitigated to levels that are no longer significant, through the inclusion of mitigation measures, which the applicant shall comply with under the proposed conditions of approval.
Item No. 8A
cdd: 420-60/Resolution-Council 01/pz (FILE ID: EIR 2021-70442)
SECTION 6
FINDINGS FOR APPROVAL OF LLA 2021-70398:
1. The proposed lot line adjustment is consistent with the proposed General Plan Land Use designation of Commercial/Residential and proposed Specific Plan-22.
2. The creation of Parcel “1A,” comprising a net land area of 219,605 s.f. (5.04 acres) and Parcel “2B,” comprising a net land area of 258,684 s.f. (5.93 acres). The size is suitable at this location because the parcels meet the requirements for SP-22 and the proposed parcels will be able to accommodate the proposed development inclusive of utilities and infrastructure needed to successfully construct and operate the uses and buildings proposed.
3. As designed, the proposed lot line adjustment does not conflict with existing public easements because the project has been designed in conjunction with the proposed uses, internal circulation and parking, and the project has been conditioned to require a reciprocal access and parking agreements.
4. The proposed lot line adjustment has been reviewed for conformance with the provisions of the California Environmental Quality Act. For this application, the City is the Lead Agency and, on behalf of the Applicant, the City Council is being asked to certify the Final Environmental Impact Report that was prepared for the project. The Final EIR identifies where all areas listed as potentially significant have been mitigated to levels that are no longer significant, through the inclusion of mitigation measures, which the applicant shall comply with under the proposed conditions of approval.
SECTION 7
FINDINGS FOR APPROVAL OF PTP 2021-70400:
1. Approval is consistent with the intent of the Oak Tree Preservation and Protection Ordinance since the proposed removal of three (3) Coast Live Oak (Quercus agrifolia) trees will be replaced in accordance with mitigation standards adopted by the Oak Tree Preservation and Protection Guidelines Resolution 2010-14.
2. The project is consistent with the Thousand Oaks General Plan, including the Conservation Element, in that conditions have been applied to the minimize impacts from encroachment within the protected zone of the two (2) protected oak trees and two (2) California sycamore (Platanus racemosa) trees. With the inclusion of conditions, the proposed Item No. 8A
cdd: 420-60/Resolution-Council 01/pz (FILE ID: EIR 2021-70442)
encroachment within the tree’s protected zone is not likely to result in a decline in the health of the trees.
3. Encroachment within the protected zone of two (2) oak and two (2) sycamore trees is necessary to accommodate proposed improvements and grading activities associated with construction of the new mixed-use buildings and multi-family residential buildings. A City Tree Consultant inspected the subject trees and determined that proposed encroachment will not be detrimental to the health of the subject oak and landmark trees. Appropriate project conditions are in place to safeguard the oak and landmark trees, including installation of fencing around the protected zones and on-site monitoring by the applicant’s consultant during all encroachment and pruning operations.
4. A minimum of nine (9) mitigation oak trees [(6) 24-inch box and (3) 36-inch box], shall be planted throughout the subject property to offset the loss of the removed oak trees. If the site cannot accommodate the planting of all the required mitigation trees, the Community Development Director may approve planting of the trees at an off-site location for public benefit or provide and in-lieu cash payment to the City’s Open Space Endowment Fund (per resolution 2010-014.
5. With the inclusion of the recommended conditions, approval of this request will not be contrary to, or be in conflict with, the general purpose and intent of the Oak Tree Ordinance (Chapter 42 of Title 9 of the Municipal Code) and Oak Tree Preservation and Protection Guidelines, Resolution Number 2010-14.
6. The Protected Tree Permit request has been reviewed for conformance with the provisions of the California Environmental Quality Act. For this application, the City is the Lead Agency and, on behalf of the Applicant, the City Council is being asked to certify the Final Environmental Impact Report that was prepared for the project. The Final EIR identifies where all areas listed as potentially significant have been mitigated to levels that are no longer significant, through the inclusion of mitigation measures, which the applicant shall comply with under the proposed conditions of approval.
SECTION 8
FINDINGS FOR APPROVAL OF DAGR 2021-70399:
1. Approval is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan; Item No. 8A
cdd: 420-60/Resolution-Council 01/pz (FILE ID: EIR 2021-70442)
2. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;
3. The Development Agreement is in conformity with public convenience, general welfare and good land use practice;
4. Approval will not be detrimental to the health, safety and general welfare; and
5. Approval will not adversely affect the orderly development of property or the preservation of property values.
BE IT FURTHER RESOLVED, that the approval of DP 2021-70214 and PTP 2021-70400 shall become effective only upon the effective date of the companion General Plan Amendment (LU) 2021-70215, Zone Change (Z) 2021- 70216, Specific Plan (SP) 2021-70397 and upon the recordation of the Lot Line Adjustment (LLA) 2021-70398 and Development Agreement (DAGR) 2021-70399, approving specific development standards in association with the development of the project.
This decision became final under Section 9-4.2803(a)(1) of the Thousand Oaks Municipal Code when the City Council voted on and rendered its decision at the end of the above-referenced public hearing. As stated on the City Council’s written and posted agenda, all applicants, appellants, parties and persons affected by or having any interest in this matter should note that this final decision of the City Council, and any other City action on this entitlement application, is subject to a judicial review under Section 1094.5 of the California Code of Civil Procedure.
Pursuant to California Code of Civil Procedure Section 1094.6, a judicial review of that decision must be filed within 90 days of that City Council decision. Other statutes, however, may shorten the statute of limitations, or may impose different filing requirements.
PASSED AND ADOPTED this 14th day of June, 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: ___________________
Item No. 8A
cdd: 420-60/Resolution-Council 01/pz (FILE ID: EIR 2021-70442)
APPROVED AS TO FORM:
Office of the City Attorney
Patrick J. Hehir, Chief 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. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
cdd: 420-60/Resolution-Council 01/pz (FILE ID: EIR 2021-70442)
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
1. Land and Application – The General Plan Amendment, Zoning Change; Development Permit; Specific Plan; Development Agreement; Development Permit; Lot Line Adjustment; Protected Tree Permit; and Environmental Impact Report are adopted, granted or accepted for the land described in the application, any attachment thereto, and as shown on the submitted “Project Plan Set,” dated May 3, 2022.
2. Scope of Permit Approval – This permit is for a General Plan amendment from Commercial to Commercial/ Residential; a Zoning Change adopting the Specific Plan-22 (SP-22); Development Agreement specifying development performance; and a Development Permit; along with a Protected Tree Permit, to demolish existing buildings within an existing vacant commercial shopping center and construct a mixed-use and multifamily residential development on a previously developed 10.97-acre site.
The proposed project includes 420 residential units, 15,000 square feet (sf.) of commercial uses, 5,000 sf. two-story stand-alone amenity building, and associated hardscape, landscape, walls, amenities, open space, and grading. The 420 residential units, including 54 affordable units, are proposed to be distributed across two, four-story, podium style mixed-use structures and 13, three-story, townhome style apartment buildings, with an average building height of approximately 40 feet. The project also includes surface parking and two subterranean parking structures comprised of 119 commercial parking spaces and 683 residential parking spaces. The proposed project includes the removal of three (3) oak trees and encroachment into the protected zones of two (2) oak and two (2) sycamore trees, as shown on project plans labeled “Project Plan Set” dated May 3, 2022, and the Tree Report and updated arborist memo (May 6, 2022) unless conditioned otherwise herein.
3. Approval Period – The above referenced permits are granted for the period set forth in Sections 3.0 and 7.7 of Development Agreement No. 2021- 70399.
4. Final Plans – Prior to the issuance of a building permit, final site, grading, floor, elevation and roof plans shall be submitted for the review and approval of the Community Development Department. Said plans shall incorporate any design change and other requirement as conditioned herein.
Item No. 8A
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5. Project Changes/Modifications – Changes to the project are subject to Section 10 of the Development Agreement No. 2021-70399. Minor changes to DP 2021-70214; LLA 2021-70398; PTP 2021-70400 may be approved by the Community Development Department, provided such changes achieve substantially the same results and the project is still in compliance with the Municipal Code. Revised plans reflecting the minor changes and additional fees shall be required.
6. Condition Compliance – All development on the subject property shall be constructed and thereafter maintained in accordance with the conditions of this permit.
7. Compliance with Applicable Laws, Rules, and Regulations – The applicant shall at all times comply with any and all local, city, county, state and federal laws, regulations and orders now in effect or which may hereafter be enacted pertaining to the approved modification or affecting the installation, operation or maintenance of the mixed-use development.
8. Regulatory Agency Approval – The requirements of all applicable regulatory agencies shall be met, and approval obtained, prior to gas release, Certificate of Occupancy, or as authorized by the City's Building and Safety Division. Copies of all required licenses shall be submitted to the Community Development Department.
9. Payment of Fees – Approval is subject to the applicant paying all fees and assessments to the City of Thousand Oaks, as required by the Municipal Code.
The developer shall pay Quimby fees to Conejo Recreation & Park District (CRPD) in accordance with State law and the City’s ordinance.
10. Dedications/Reservations and Public Improvements – With respect to dedications, reservations, construction of public improvements and fees as required by the project development conditions, the applicant is advised, pursuant to Government Code Section 66020, that the ninety (90) day protest period has commenced upon approval of the proposed improvement by the City.
11. Preconstruction Meeting – Prior to issuance of a grading permit, the applicant shall coordinate with the Community Development and Public Works Departments including, a preconstruction meeting at the job site to review field conditions, project conditions, methods and procedures, individual and City department responsibilities associated with the project.
Members attending this meeting shall include but not be limited to City Item No. 8A
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department representatives, City landscape consultant/arborist, owner or designated project coordinator, architect, project consultants, project landscape consultant general contractor and other representatives associated with the project. The meeting shall be arranged no sooner than one (1) week prior to commencement of work.
12. Construction Progress – Once permits have been issued to commence work on the improvements, it is the applicant’s/owner’s responsibility to diligently pursue completion per all conditions, requirements and as represented on the approved plans. Reasonable progress shall occur on a continual basis until completion to the satisfaction of the Community Development Director. Work shall not be discontinued for a period exceeding 30 days, without acceptable cause. The intent is to have the project completed in a timely fashion to prevent a potential blight from partially completed construction.
13. Occupancy – No final inspection or occupancy permit shall be granted until construction and landscaping are complete in accordance with the approved plans and the conditions required herein.
14. Hours of Construction – All grading and construction activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday with no construction activity permitted on Sunday. Construction workers and vehicles shall not be permitted to congregate in the residential neighborhood or onsite before and after the construction hours authorized herein. Likewise, warming of equipment engines shall not be permitted outside the allowable construction hours.
15. Approval Inclusion – The following shall apply:
A. This approval, in its entirety as adopted, shall be included in the initial plan-check submittal that is submitted to the Building Division. The approval and conditions shall be copied directly onto plan sheets and included as part of the project plans throughout the plan-check process and shall be part of the project plans for which building permits are issued.
B. All agreements, development standards, use allowances contained in Specific Plan (SP – 22) and Development Agreement (DAGR) 2021-70399 shall apply to this approval.
Item No. 8A
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16. Acknowledgment – The applicant acknowledges that all aspects of this project are of special concern to and regulated by the City of Thousand Oaks, which has established specific criteria and standards concerning development within the City. Any changes, modifications, or alterations to improvements on the subject property shall first be approved by the City of Thousand Oaks. Any unauthorized changes may require future corrective work and may result in a City Code compliance effort.
17. Unauthorized Changes – The applicant acknowledges that the exterior treatment, location of structures and architectural features of the development are of special concern to, and regulated by, the City of Thousand Oaks, which has established criteria and standards concerning development within the City. Any substantial change, modification, or alteration to the architectural design, or in the exterior treatment of any building and structure, including building colors, materials, changes in walkways, doorway, window locations, or in the parking, landscaping and other related features, must first be approved by the City of Thousand Oaks prior to performing the work. Unauthorized change(s) or failure to comply with the conditions of this permit may require future corrective work and result in a City Code violation and appropriate action.
18. Approval of this residential project is subject to execution of an Affordable Housing Covenant entered into between the Applicant and City of Thousand Oaks. Said Affordable Housing covenant shall incorporate the following conditions and is subject to approval by the City Attorney and Community Development Director.
A. Affordable Housing Covenant shall be recorded prior to final building permit issuance. Covenant shall be recorded to provide notice to any future owners.
B. The Affordable Housing Covenant shall require 54 units as affordable units. 50 units will be preserved at the low-income level of 80% of the Ventura County median income and 4 units will be preserved at the moderate-income level of 120% of the Ventura County median income.
C. Applicant agrees to execute an Affordable Rental Housing Regulatory Agreement and Declaration of Restrictive Covenant with City that provides for the on-going affordability of these 54 restricted units for 55 years from the date the units initially become available for lease.
Item No. 8A
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D. The City may extend affordable period if owner does not comply with Affordable Housing Covenant.
E. Affordable units should be comparable in exterior appearance and overall quality of construction to market-rate dwelling units in the same residential development. The design and appearance of the affordable units shall be compatible with the design of the marketrate units.
F. Affordable units should be dispersed throughout the mixed-use buildings of the development in a manner acceptable to the City.
G. The Affordable Housing Covenant shall be in compliance with the latest California State requirements.
The Affordable Agreement shall be reviewed and approved by the Community Development Department and City Attorney’s office prior to the issuance of a grading permit.
19. Indemnification – The applicant agrees to defend, indemnify and hold harmless the City, its agents, officials, and employees from any claim, action or proceeding against the City or its agents, officials or employees to attack, set aside, void or annul an approval of the City. The City shall promptly notify the applicant of any claim, action or proceeding and the City shall cooperate fully in the defense.
20. Signed Acceptance of Conditions – A signed Acceptance of Conditions affidavit shall be executed by the applicant and property owner, or his duly authorized representative, and shall be returned to the Community Development Department prior to the issuance of a building permit.
ENVIRONMENTAL MITIGATION MEASURES
21. Mitigation Compliance – Prior to the issuance of any grading or building permit, the applicant shall submit a written report demonstrating that all mitigation measures imposed by the City to either reduce or avoid significant environmental impacts identified in the Environmental Impact Report (EIR) have either been incorporated in the project design or undertaken as required. Final determination of compliance with imposed mitigation measures pursuant to the requirements of Section 21081.6 of the Public Resources Code shall in turn be subject to the review and approval of the Community Development Department.
Item No. 8A
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22. BIO-1 Bat and Nesting Bird Survey Avoidance – Project-related activities shall occur outside of the bird breeding season (generally between January 1 through September 15) to the extent practicable. If construction must occur within the bird breeding season, no more than seven days prior to initiation of ground-disturbing activities (including, but not limited to site preparation, grading, excavation, and trenching) within the proposed project site, a bird pre-construction bird nest survey shall be conducted by a qualified biologist within the disturbance footprint plus a 100-foot buffer (300-foot for raptors), where feasible. If the proposed project is phased or construction activities stop for more than one week, a subsequent preconstruction nesting bird survey shall be required within three days prior to each phase of construction.
Pre-construction nesting bird surveys shall be conducted during the time of day when birds are active and shall factor in sufficient time to perform this survey adequately and completely. During the nest survey, the biologist shall inspect the outside and inside of the vacant structures for sign of roosting bats, such as presence of guano or direct observations. A report of the bat and nesting bird survey results, if applicable, shall be submitted to the City for review and approval prior to ground and/or vegetation disturbance activities.
If bird nests are found, an appropriate avoidance buffer ranging in size from 25 to 50 feet for passerines, and up to 300 feet for raptors depending upon the species and the proposed work activity, shall be determined and demarcated by a qualified biologist with bright orange construction fencing or other suitable material. Active nests shall be monitored at a minimum of once per week until it has been determined that the young have fledged the nest. No ground disturbance or vegetation removal shall occur within this buffer until the qualified biologist confirms that breeding/nesting has ended, and all the young have fledged. If no nesting birds are observed during preconstruction surveys, no further actions would be necessary.
If evidence of bat roosting is observed, building demolition shall not be allowed until a qualified biologist can verify that the roost is no longer active.
If necessary, bats may be evicted and building demolished following submittal and approval of a Bat Avoidance Plan by CDFW.
23. BIO-2 Minimize Impacts to Protected Trees – The project shall take all necessary actions to comply with the requirements of the City’s Oak Tree Preservation and Protection Guidelines and Oak and Landmark Tree Ordinance. These include preserving protected trees located on the project Item No. 8A
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site whenever possible. A permit is required by the City before the start of project activities if any tree will be trimmed, cut, or removed.
In accordance with the City of Thousand Oaks Tree Protection Guidelines the oak trees on the project site that would be removed shall be replaced at a ratio of 3:1 with two 24-inch box coast live oak trees and one 36-inch or 60-inch box coast live oak tree. Three coast live oak trees will be removed; therefore, nine coast live oak trees shall be planted onsite.
An arborist shall conduct an inspection of diseases, pests or pathogens prior to protected tree removal and any infected trees be disposed using best available management practices relevant for each tree disease observed.
Section 5, Oak and Landmark Tree Protection Plan, of the Oak and Landmark Tree Report (Rincon, 2022c [Appendix C]) shall be implemented to minimize project-related impacts to oak and landmark trees that would be preserved prior to, and during, construction activities.
24. CUL-1 Archaeological Resource Discover Patrol – If archaeological deposits are encountered during project-related ground disturbing activities, then a cultural resource “discovery” protocol will be followed. If historic or prehistoric features or artifact concentrations are encountered during project grading within native soils or original context, then all work in that area will be halted or diverted 30 feet away from the discovery until a qualified archaeologist is contacted and evaluates the nature and/or significance of the find(s). If the discovery is prehistoric in origin, a Native American representative will be contacted to participate in the evaluation. If an archaeologist confirms that the discovery is potentially significant, then the Lead/Permitting Agency will be contacted and informed of the discovery.
Construction will not resume in the locality of the discovery until consultation between the qualified archaeologist, the Applicant’s project manager, the Lead/Permitting Agency, and any other concern parties (such as additional regulatory agencies or Native American Tribal Groups), takes place and reaches a conclusion approved by the Lead/Permitting Agency. If a significant cultural resource is discovered during earth-moving, complete avoidance of the find is preferred. However, if the discovery cannot be avoided, data recovery of the significant resource may be required by the City. The City may also require site monitoring, based on the discovery. All individual reports will be submitted to the SCCIC at the conclusion of the project.
Item No. 8A
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25. CUL-2 Inadvertent Discovery of Human Remains – The inadvertent discovery of human remains is always a possibility during ground disturbances; State of California Health and Safety Code Section 7050.5 addresses this possibility. This code section states that in the event human remains are uncovered, no further disturbance shall occur until the County Coroner has made a determination as to the origin and disposition of the remains pursuant to PRC Section 5097.98. The County Coroner must be notified of the find immediately, along with the Lead/Permitting Agency and the Applicant.
If the human remains are determined to be prehistoric, the County Coroner will notify the NAHC, which will determine and notify a Most Likely Descendant (MLD). The MLD shall complete the inspection of the site within 48 hours of being granted access. The Lead/Permitting Agency and a qualified archaeologist shall also establish additional appropriate mitigation measures for further site construction, in consultation with the MLD.
26. GEO-1a Geotechnical Recommendations – The geotechnical recommendations contained in the 2005 Twining Geotechnical Report shall be fully implemented. Among the study recommendations are specific parameters relating to:
• Foundation Design – over-excavation and compaction for foundations, soil stabilization, shoring, etc., conducted as indicated in the geotechnical report.
• Structural Fills – the applicant shall comply with the recommendations contained in the Twining September 13, 2005 geotechnical report regarding site preparation. This includes overexcavating on-site soils so that new foundations are supported on a minimum of two feet of engineered fill or engineered fill extending to a depth of five feet below preconstruction site grades, whichever provides the deeper fill. These recommendations shall be fully implemented in order to comply with UBC standards and would reduce impacts to a less than significant level.
• Structural Footings – minimum footing embedment depths, widths, and net vertical soil bearing pressures.
• Concrete Slabs – testing of exposed subgrades prior to concrete pours, reinforcement of concrete slabs, use of moisture barriers or sand layers beneath slabs.
Item No. 8A
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• Site Preparation – compliance with SWPPP and SWPCP
requirements.
Additionally, the 2021 Gorian report recommended the following site design features:
• Positive drainage should be continuously maintained away from structures and slopes. Ponding or trapping of water in localized areas near the foundations can cause differential moisture levels in subsurface soils. Plumbing leaks should be immediately repaired so that the subgrade soils underlying the structure do not become saturated.
• Trees and large shrubbery should not be planted where roots can grow under foundations and flatwork when they mature.
• Landscape watering should be held to a minimum; however, landscaped areas should be maintained in a uniformly moist condition and not allowed to dry-out. During extreme hot and dry periods, adequate watering should be provided to keep soil from separating or pulling back from the foundations.
Prior to the issuance of grading permits, a qualified Geotechnical Engineer retained by the applicant shall provide evidence to the City of Thousand Oaks Engineer that the geotechnical mitigation measure GEO-1a is implemented as described above.
27. GEO-1b Geotechnical Oversight – A qualified Geotechnical Engineer shall be retained to perform the following tasks prior to and during construction:
• Review final grading, foundation, and drainage plans to verify that the recommendations contained in the 2005 Twining study have been properly interpreted and are incorporated into the project specifications.
• Observe and advise during all grading activities, including site preparation, foundation and retaining wall excavation, and placement of fill, to confirm that suitable fill materials are placed upon competent material and to allow design changes if subsurface conditions differ from those anticipated prior to the start of grading and construction.
Item No. 8A
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• Observe the installation of all drainage devices.
• Test all fill placed for engineering purposes to confirm that suitable fill materials are used and properly compacted.
The qualified Geotechnical Engineer shall provide evidence to the City of Thousand Oaks Engineer that the geotechnical mitigation measure GEO1b is implemented as described above.
28. GEO-2 Site Preparation – Based on the nature of the subsurface soil conditions, it should be anticipated that unstable soil conditions would be encountered during excavation and installation of slabs-on-grade, foundations, utilities, etc. Therefore, the soils may require stabilization. Soils shall be stabilized in accordance with the Twining Report (2005), including the procedures in the Appendices for Chemical Treatment of Soil.
Stabilization of the subgrade soils shall be performed in a uniform manner.
If stabilization of the subgrade soils is necessary, it shall be performed in the entire building area, including the overbuild zone. Additionally, all recommendations provided in the Gorian Report (2021) regarding soil expansiveness shall be implemented, evidence of implementation shall be provided to the City engineer prior to the issuance of a grading permit.
29. GEO-3 Paleontological Resources Monitoring and Mitigation – Qualified Paleontologist. The project applicant shall retain a Qualified Paleontologist to direct all mitigation measures related to paleontological resources. A qualified professional paleontologist is defined by the Society of Vertebrate Paleontology (SVP) standards (SVP 2010) as an individual preferably with an M.S. or Ph.D. in paleontology or geology who is experienced with paleontological procedures and techniques, who is knowledgeable in the geology of California, and who has worked as a paleontological mitigation project supervisor for a least two years (SVP 2010).
Paleontological Worker Environmental Awareness Program. Prior to the start of construction, the Qualified Paleontologist or their designee shall conduct a paleontological Worker Environmental Awareness Program (WEAP) training for construction personnel regarding the appearance of fossils and the procedures for notifying paleontological staff should fossils be discovered by construction staff.
Paleontological Monitoring. Full-time paleontological monitoring shall be conducted during ground disturbing construction activities (i.e., grading, Item No. 8A
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trenching, foundation work) within native (i.e., previously undisturbed) sediments of any depth in the lower Monterey Formation and depths greater than five feet in Quaternary alluvium. Ground disturbing activities that only impact artificial fill (i.e., previously disturbed) sediments do not require paleontological monitoring. Paleontological monitoring shall be conducted by a qualified paleontological monitor, who is defined as an individual who has experience with collection and salvage of paleontological resources and meets the minimum standards of the SVP (2010) for a Paleontological Resources Monitor. The duration and timing of the monitoring will be determined by the Qualified Paleontologist based on the observation of the geologic setting from initial ground disturbance, and subject to the review and approval by the City of Thousand Oaks. If the Qualified Paleontologist determines that full-time monitoring is no longer warranted, based on the specific geologic conditions once the full depth of excavations has been reached, they may recommend that monitoring be reduced to periodic spotchecking or ceased entirely. Monitoring shall be reinstated if any new ground disturbances are required, and reduction or suspension shall be reconsidered by the Qualified Paleontologist at that time. In the event of a fossil discovery by the paleontological monitor or construction personnel, all work in the immediate vicinity of the find shall cease. A Qualified Paleontologist shall evaluate the find before restarting construction activity in the area. If it is determined that the fossil(s) is (are) scientifically significant, the Qualified Paleontologist shall complete the following conditions to mitigate impacts to significant fossil resources:
a. Salvage of Fossils. If fossils are discovered, the paleontological monitor shall have the authority to halt or temporarily divert construction equipment within 50 feet of the find until the monitor and/or lead paleontologist evaluate the discovery and determine if the fossil may be considered significant. Typically, fossils can be safely salvaged quickly by a single paleontologist and not disrupt construction activity. In some cases, larger fossils (such as complete skeletons or large mammal fossils) require more extensive excavation and longer salvage periods. Bulk matrix sampling may be necessary to recover small invertebrates or microvertebrates from within paleontologically sensitive deposits.
b. Preparation and Curation of Recovered Fossils. Once salvaged, significant fossils shall be identified to the lowest possible taxonomic level, prepared to a curation-ready condition, and curated in a scientific institution with a permanent paleontological collection, along with all pertinent field notes, photos, data, and maps. Fossils Item No. 8A
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of undetermined significance at the time of collection may also warrant curation at the discretion of the Qualified Paleontologist.
Final Paleontological Mitigation Report. Upon completion of ground disturbing activity (and curation of fossils if necessary) the Qualified Paleontologist shall prepare a final report describing the results of the paleontological monitoring efforts associated with the project. The report shall include a summary of the field and laboratory methods, an overview of the project geology and paleontology, a list of taxa recovered (if any), an analysis of fossils recovered (if any) and their scientific significance, and recommendations. The report shall be submitted to the City of Thousand Oaks. If the monitoring efforts produced fossils, then a copy of the report shall also be submitted to the designated museum repository.
30. HAZ-1 Regulatory Agency Notification and Approval – Prior to the issuance of any demolition or grading permits, the project applicant shall contact the Ventura County Environmental Health Division (VCEHD) to discuss the proposed redevelopment project, the proposed change to residential land use, the known hazardous material soil, soil vapor, and groundwater impacts onsite, and the adjacent closed release case at 395 Hampshire Road (Shell Station – Case #02004). The project applicant shall provide VCEHD with the proposed site use plans regarding the conversion of commercial land use to residential land use and discuss the onsite presence of groundwater impacted by volatile organic compounds (VOCs) at the proposed residential development. The project applicant shall provide the City Planning Department with copies of all communications to and from VCEHD.
VCEHD may require the project applicant or the adjacent property owner to conduct additional investigation/studies, including, but not limited to, soil vapor, soil, and/or groundwater investigations, which could help delineate the extent of contaminated soil, soil vapor, and groundwater and allow for the proposed project to be designed in a manner to avoid or minimize impacts to proposed construction and operation of the residential development.
31. HAZ-2 Regulatory Agency Voluntary Oversight Agreement – Prior to issuance of a grading permit, the applicant shall enter into a Voluntary Oversight Agreement with VCEHD to provide regulatory oversight of identified releases at the project site. VCEHD shall be utilized for agency oversight of assessment and remediation within the site through completion of building demolition, subsurface demolition, and construction the Item No. 8A
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proposed project. Additionally, the project applicant shall notify the VCEHD project manager of the following:
• Current development plan and any modifications to the development plan.
• All written documents concerning hazardous material impacts to soil, soil vapor, and or groundwater, including, but not limited to, Phase I ESAs, Phase II ESAs, geophysical surveys, and other subsurface investigations.
• All former environmental documents completed for the project site, including this EIR.
• Other documents, as requested by VCEHD.
Upon notification of the information above, VCHED could require actions such as: development of subsurface investigation workplans; completion of soil vapor, soil, and/or groundwater investigations; installation of soil vapor or groundwater monitoring wells; soil excavation and offsite disposal; completion of human health risk assessments; and/or completion of remediation reports or case closure documents. The project applicant shall retain a qualified environmental consultant, California Professional Geologist (PG) or California Professional Engineer (PE), to prepare the documents required by VCEHD.
If groundwater wells or soil vapor monitoring probes are identified during demolition, subsurface demolition, or construction at the project site, they shall be abandoned per City of Thousand Oaks Public Works Department specifications. Abandonment activities will be documented in a letter report submitted to VCEHD within 60 days of the completion of abandonment activities.
The VCEHD closure and agency approval documents shall be submitted to the City Planning Department prior to issuance of grading permits.
It should also be noted that VCEHD may determine that the Los Angeles Regional Water Quality Control Board (LARWQCB) or California Department of Toxic Substances Control (DTSC) may be best suited to perform the lead agency duties for assessment and/or remediation at the project site. Should the lead agency be transferred to LARWQCB or DTSC, this and other mitigation measures would still apply.
Item No. 8A
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32. HAZ-3 Site Management Plan for Impacted Soils, Soil Vapor and/or Groundwater – The project applicant shall retain a qualified environmental consultant (PG or PE) to prepare a Soil and Groundwater Management Plan prior to construction. The Soil and Groundwater Management Plan, or equivalent document, shall address onsite handling and management of impacted soils, soil vapor, groundwater, or other impacted wastes, and reduce hazards to construction workers and offsite receptors during construction. The plan must establish remedial measures and/or soil management practices to ensure construction worker safety, the health of future workers and visitors, and the off-site migration of contaminants from the project site. These measures and practices may include, but are not limited to:
• Stockpile management including stormwater pollution prevention and the installation of BMPs.
• Proper handling and disposal procedures of contaminated building materials, soil, and groundwater.
• Monitoring and reporting.
• A health and safety plan for contractors working at the project site that addresses the safety and health hazards of each phase of site construction activities with the requirements and procedures for employee protection.
The health and safety plan shall also outline proper soil handling procedures and health and safety requirements to minimize worker and public exposure to hazardous materials during construction.
VCEHD shall review and approve the Soil and Groundwater Management Plan prior to demolition and grading (construction). The project applicant shall review and implement the Soil and Groundwater Management Plan prior to demolition and grading (construction).
Evidence of the review and approval by VCEHD shall be provided to the City Planning Department and City Engineers prior to the issuance of any demolition or grading permits.
33. HAZ-4 Remediation – If soils within the construction envelope at the development site contain chemicals at concentrations exceeding hazardous waste screening thresholds for contaminants in soil (California Code of Item No. 8A
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Regulations [CCR] Title 22, Section 66261.24), the project applicant shall retain a qualified environmental consultant (PG or PE) to conduct additional analytical testing and recommend soil disposal recommendations, or consider other remedial engineering controls, as necessary.
The qualified environmental consultant shall utilize the development site analytical results for waste characterization purposes prior to offsite transportation or disposal of potentially impacted soils or other impacted wastes. The qualified environmental consultant shall provide disposal recommendations and arrange for proper disposal of the waste soils or other impacted wastes (as necessary), and/or provide recommendations for remedial engineering controls, if appropriate.
Remediation of impacted soils and/or implementation of remedial engineering controls may require additional delineation of impacts; additional analytical testing per landfill or recycling facility requirements; soil excavation; and offsite disposal or recycling.
VCEHD will review and approve the disposal recommendations prior to transportation of waste soils offsite, and review and approve remedial engineering controls, prior to construction. The project applicant shall review the disposal and remedial engineering control recommendations prior to the issuance of any demolition permits. The project applicant shall implement the disposal recommendations and implement the remedial engineering controls during demolition/construction.
Evidence of the review and approval by VCEHD shall be provided to the City Planning Department and City Engineering Department prior to the issuance of any demolition or grading permits.
34. HAZ-5 Vapor Mitigation System – VCEHD may require the installation of a sub-slab vapor barrier system at the proposed project. The project applicant shall retain a qualified environmental consultant (PG or PE) or other qualified person to prepare a sub-slab vapor barrier system design for the proposed project. The plan may include, but is not limited to:
• Design specifications
• Material specifications
• Installation requirements
• Monitoring requirements
Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
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The project applicant shall incorporate a sub-slab vapor barrier system during construction, the implementation of which would reduce the potential for soil gas VOCs from migrating to indoor air within the residential building.
VCEHD will review and approve the sub-slab vapor barrier system prior to construction.
Evidence of the review and approval by VCEHD shall be provided to the City Planning Department and City Engineers prior to the issuance of any demolition or grading permits.
35. NOI-1 Construction Noise Reduction Measures –
• Temporary construction barriers along the southern edge of the project site facing the Westlake Villas multifamily residences at 575 Hampshire Road and along the northwestern edge of the project facing the Windsor Terrace of Westlake Village convalescent home at 250 Fairview Road shall be in place during the Project construction (including demolition, grading, and site preparation), when heavy construction equipment is used, excluding areas where gaps in the barrier are necessary for access. The barrier shall be least 12 feet in height above the project site existing grade level and constructed of a material with a Sound Transmission Class (STC) rating of at least STC-31 (such as acoustic panels or sound barrier products) or a transmission loss of at least 21 dB at 500 hertz (such as 3/4-inch plywood), which would provide an insertion loss (net barrier reduction) of up to 11 dB at the convalescent home and multifamily residences.
• Power construction equipment (including combustion engines), fixed or mobile, shall be equipped with state-of-the-art noise shielding and muffling devices (consistent with manufacturers’ standards). All equipment shall be properly maintained to assure that no additional noise, due to worn or improperly maintained parts, would be generated.
• With the exception of excavation equipment, grading and construction contractors shall use rubber-tired equipment rather than metal-tracked equipment.
• The use of on-site electrical power shall be preferred to the use of stationary construction equipment such as generators or air compressors. If stationary construction equipment would be used on Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
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site for more than one hour in a day, such equipment shall be placed as far as possible from off-site sensitive receivers. Stationary construction equipment shall also be shielded by either noise blankets or by temporary noise barriers at least three feet taller and six feet wider than the noise source.
• Construction staging and delivery areas shall be located towards the center of the property and a minimum of 100 feet from the project lines.
• The project applicant shall post a notice at the construction site. The notice shall contain information on the type of project, anticipated duration of construction activity, and provide a phone number where people can register questions or complaints. The notice shall be posted no later than 72 hours prior to the planned activity. • Based on areas of construction noise impacts, the Little Dreamers Early Childhood preschool, the Windsor Terrace of Westlake Village convalescent home, the single-family residences and multifamily communities to the west (along Foothill Drive, south of Fairview Road), and the Westlake Villas apartment community to the south shall be informed via mail and posting at the site of the anticipated start date, duration, noise impact, and other pertinent information prior to the construction of the project. Notification shall also include a phone number where people can register questions or complaints.
Notification shall also be delivered no later than 72 hours prior to the planned activity.
• An on-site construction manager shall be responsible for responding to local complaints about construction noise. All notices that are sent to sensitive receivers and all signs posted at the construction site shall list the telephone number for the on-site construction manager. • Construction supervisors shall be informed of project-specific noise requirements, noise issues for sensitive land uses adjacent to and near the project construction site, and/or equipment operations to ensure compliance with the required regulations and best practices Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
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36. NOI-2 Construction Equipment Vibration Restrictions – • Large bulldozers or similar equipment shall not operate within eight feet of the Shell Gas Station, smaller equipment shall be substituted within this distance.
• As the medical office building could potentially experience temporary construction-related and intermittently "strongly perceptible" vibration from vibratory/sonic pile driving activity occurring within 36 feet of the building, the developer shall give prior notice to that facility of any such activity within that distance, the developer shall provide evidence of notification to the City Planning Department prior to initiation of pile driving activities.
• Vibratory pile driving activity within 36 feet of the medical office building shall be scheduled during times outside of its hours of operation. Large bulldozers or similar equipment shall not operate within 24 feet of the preschool building, the Windsor Terrace of Westlake Village convalescent home, or the medical office building, with smaller equipment substituted within this distance.
LOT LINE ADJUSTMENT
37. Deed Recordation – Unless Owner is provided additional time in Development Agreement No. 2021-70399, the Lot Line Adjustment approval is granted for a three (3) year period of time ending June 13, 2025, at which time said Lot Line Adjustment shall expire unless the new deed has been recorded or filed in a timely manner as set forth in the conditions below. The applicant may request a 2-year time extension, as allowed by TOMC Section 9-3.704(b), by filing a minor modification application with the Community Development Department prior to the expiration date.
38. Monumentation/Well Monuments – The engineer or surveyor shall set Standard Well Monument(s) at locations designated by the City’s Registered Surveyor, per the County of Ventura Standard Drawings Plate E-4. A minimum of four (4) ties shall be required for each Centerline monument. The remaining monuments shall be set in accordance with the standards described in Subdivision Map Act, Land Surveyor Act and the City of Thousand Oaks Subdivision Ordinance.
39. Map Changes/Modifications – Any minor change to the Lot Line Adjustment may be approved by the Community Development Department, Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
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but any substantial change will require the filing of a modification application.
DEVELOPMENT PERMIT (DP) 2021-70214
SETBACKS, HEIGHTS, BUILDING MATERIALS, OPEN SPACE,
ARCHITECTURAL TREATMENT
40. Standards – All development standards shall be satisfied to include the following per the submitted plan, as allowed by SP-22:
*Per SP-22, minimum setback to access drive.
**Per SP-22, 25-foot minimum setback to townhome apartment buildings.
41. Phasing – The project shall be graded and improved with the proposed townhomes and surrounding open spaces and amenities, on-site main line utilities, access and circulation aisles, and any associated off-site public infrastructure improvements within the time frame of the first phase (Phase 1) at a minimum if applicant decides to break the project construction into two phases; if the applicant wants to use two phases, the project shall be graded and improved with construction of the proposed mixed-use podium
DEVELOPMENT STANDARD REQUIRED SETBACKS PROPOSED
MIXED-USE BUILDING A
Side Yard (south) 25 Feet Min.* 40 Feet
Side Yard (north) 15 Feet Min. 15 Feet
Rear Yard (west) 25 Feet Min.** 25.5 Feet
Front Yard (east)
1st Floor 10 Feet Min 14 Feet
4th Floor 30 Feet Min. 56.9 Feet
MIXED-USE BUILDING B
Side Yard (south) 20 Feet Min. 33.25 Feet
Side Yard (north) 25 Feet Min.* 32.25 Feet
Rear Yard (west) 10 Feet Min.* 15 Feet
Front Yard (east)
1st Floor 10 Feet Min 18 Feet
4th Floor 30 Feet Min. 34 Feet
TOWNHOME APARTMENT BUILDINGS
Side Yard (south) 20 Feet Min. 25 Feet
Side Yard (north) 15 Feet Min 50 Feet
Rear Yard (west) 15 Feet Min. 49.58 Feet
Front Yard (east) 10 Feet Min.* 11.5 Feet
Parking Lot Landscaping (s.f.) 2,392 (10%) 4,582 (19%)
Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
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buildings A and B, parking structures, on-site main line utilities, access and circulation aisles, and any associated off-site public infrastructure improvements in the second phase (Phase 2). The project shall be completed in a maximum of two (2) phases as specified and in accordance with the parameters contained in the recorded Development Agreement (DAGR 2021-70399). Owner has the option to complete the entire project within one phase.
42. Architectural Building Design – The architectural design shall comply with SP-22 and with the building elevation plans as shown in the exhibits labeled “Project Plan Set,” date stamped May 3, 2022.
43. Building Wall Treatment – The building walls shall incorporate architectural treatment to create a visually interesting appearance as viewed from the surrounding properties and scenic corridors. The treatment shall include, but is not limited to, incorporating decorative finish materials, vertical and horizontal variation and decorative window trim. The design shall comply with SP-22 and the building elevation plans as shown in the exhibits labeled “Project Plan Set,” date stamped May 3, 2022.
44. Exterior Building Colors/Materials – All exterior materials and colors depicted on the exhibits labeled “Project Plan Set,” date stamped May 3, 2022 are approved in concept only. Prior to the issuance of a building and/or grading permit, a final color and materials sample board, including, but not limited to, specific materials and paint manufacturer colors, shall be submitted for the review and approval by the Community Development Department. The applicant shall indicate the type of finish on the revised plans and materials and colors sample board.
45. Building Height Mixed-Use Buildings – Average building height shall not exceed 50 feet as prescribed by SP-22 and constructed as depicted on the conceptual elevation plan contained in the exhibits labeled “Project Plan Set,” dated May 3, 2022.
46. Building Height Townhome Apartment Structures – Average building height shall not exceed 35 feet, as prescribed by SP-22 and constructed as depicted on the conceptual elevation plan contained in the exhibits labeled “Project Plan Set,” dated May 3, 2022.
47. Roof Access – Roof access shall be provided from within the interior of the building. Exterior roof ladders, visible from public view, are prohibited.
Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
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48. Downspouts – The downspouts on the exterior of the buildings within public view shall be concealed within the building walls, and shall be subject to the review and approval of the Community Development Department.
49. Roof Mounted Mechanical Equipment – All roof-mounted mechanical equipment, including air conditioning, roof fans and any other similar equipment as well as roof ladders shall be located within the mechanical equipment enclosures as depicted on “Project Plan Set,” date stamped May 3, 2022. Said equipment shall be screened from public view including Hampshire Road, Foothill Drive (along south property line), 101 Freeway, and from adjacent properties within the project site. In the event such mechanical equipment cannot be entirely screened from public view along Hampshire Road, Foothill Drive (along south property line), 101 Freeway, said equipment shall be ground mounted. Roof screening treatment shall be designed in a manner that is integrated with the building design. Prior to the issuance of a building permit, final detailed building section drawings and details including mechanical equipment manufacturer's catalogue cuts, brochures, specifications as well as roof equipment locations shall be submitted for the review and approval by the Community Development Department.
50. Surface-Mounted Mechanical Equipment – All surface-mounted mechanical equipment, including transformers, terminal boxes or meter cabinets, shall be screened by landscaping or decorative enclosure to match the materials and colors of the new building, unless otherwise approved by the Community Development Department and other City utility providers.
51. Certified As-Built Grading – Prior to issuance of a building permit, a rough grading completion certification on the City standard form shall be prepared and signed by the applicant’s Civil Engineer and submitted to the Public Works Department. Said certificate shall state that the graded pad design and pad elevations are consistent with the pad elevation and grading details shown on the conceptual grading plan, and grading plan/exhibits labeled “Project Plan Set,” date stamped May 3, 2022.
52. Exporting/Importing Earth Materials – Any exporting or importing of earth material and debris shall be authorized by permit issued by the Public Works Department. The developer shall comply with an approved haul route to and from the project site and shall coordinate the hauling of this material with the Public Works and Community Development Departments to minimize traffic disruptions and disturbances to the project area. The Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
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exporting and importing of any earth materials to new sites within the jurisdiction of the City of Thousand Oaks shall be subject to the review and approval by the Planning Commission unless such sites have previously been approved for development with an active entitlement, and said grading is in accordance with Public Works Department approved plan for the project.
53. Backflow Device – Any proposed backflow device shall be screened from public view, subject to review and approval by the Community Development and Public Works Departments.
54. APCD Permit – The applicant shall obtain all necessary clearances from the Ventura County Air Pollution Control District (APCD) prior to beginning any construction activity.
55. Final Detailed Grading, Paving and Drainage Plan Submittal – Prior to issuance of a grading permit, a final detailed grading, paving and drainage plan demonstrating compliance with all imposed conditions of this Development Permit shall be submitted for review and approval by the Community Development and Public Works Departments.
56. Manufactured Slope Height – No new manufactured slope shall exceed twenty-five (25') feet in height. Prior to the issuance of a grading permit a final grading plan shall be submitted for review reflecting compliance with this requirement.
57. Manufactured Slope Contour Grading Techniques – All manufactured slopes shall be designed to include rounded top sections and shall incorporate contour grading techniques subject to approval by the Community Development Department.
58. City's Recycling Program – The project's owner shall participate in the City of Thousand Oaks recycling program, which collects cardboard, plastics, glass and mixed paper and shall attempt to use post-consumer building materials (recycled products) whenever possible in the construction of the project.
ACCESS AND CIRCULATION
59. Reciprocal Driveways – A reciprocal driveway easement or owner's covenant with improvement and maintenance rights satisfactory to the City Attorney shall be recorded with the County Recorder's Office for the Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
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common driveway granted as a part of the subject lot line adjustment. Said easement shall describe an unobstructed area, with a length and width equal to the respective driveway opening, to the satisfaction of the Public Works Director. A copy of the said recorded document shall be submitted to the City Engineer.
PARKING, ACCESS, AND DRIVEWAY
60. Required Parking – At least 802 total parking spaces shall be provided for the project. A minimum of 683 residential parking spaces, as shown on site within “Project Plan Set,” date stamped May 3, 2022. Commercial parking spaces shall be provided as required by SP-22. The number of required parking spaces is based upon the parking requirements for multi-family residential per TOMC Section 9-4.2402(a)(4) and SP-22. All parking spaces and driveway aisles shall be designed in accordance with Section 9.4-2404 of the Municipal Code and SP-22. Any minor change to parking or future development on the subject property shall be reviewed and evaluated by the Community Development Department. Any substantial change may require the filing of a modification application to be considered by the Planning Commission.
61. Multi-Family Residential Compact Parking – Maximum permitted compact parking spaces shall not exceed thirty-five percent (35%) parking spaces based on the total parking requirements as indicated under Section 9-4.2404(d)(1)(i). No overhang compact parking space shall be permitted within five feet (5') of any vertical obstruction.
62. Commercial Compact Parking – Maximum permitted compact parking spaces shall not exceed twenty-five percent (25%) parking spaces based on the total parking requirements as indicated under Section 9-
4.2404(d)(1)(iii). No overhang compact parking space shall be permitted within five feet (5') of any vertical obstruction.
63. Parking Stall Dimensions – The dimensions and design of all parking stall shall be installed as required in Article 24, Chapter 4, of Title 9 of the Thousand Oaks Municipal Code.
64. Driveway – The design of the driveway and transitions are subject to review and approval of Community Development and Public Works Departments.
65. Access Driveway – Decorative paving material shall be provided at proposed access driveways along Hampshire Road and Foothill Drive. The Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
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design of this decorative paving treatment shall be subject to review and approval by the Community Development Department.
66. Driveway and Parking Lot Grades – The driveway and parking lot shall be designed as depicted on grading within “Project Plan Set,” date stamped May 3, 2022. The driveways shall not exceed a gradient of seven percent (7%) as specified under Section 9-4.2405(a)(1)(iii)(ab) of the Municipal Code, unless otherwise approved by the Community Development and Public Works Departments.
LANDSCAPING, FENCES, AND WALLS
67. Landscape Design Compliance/Approval – All landscaping and irrigation improvements shall be designed and installed in accordance with the City’s Guidelines and Standards for Landscape Planting and Irrigation (Resolution No. 2007-116). All landscape plans shall demonstrate compliance with the State of California Model Water Efficiency Landscape Ordinance (MWELO).
Prior to the issuance of a grading permit and building permits, complete landscape and irrigation plans reflecting compliance with all imposed conditions of project entitlements shall be submitted under separate permit for review and approval. Said plans shall be subject to review and approval by the Community Development and Public Works Departments. The location of light fixtures shall be shown on the landscape plans to ensure no conflict occurs between placement of trees/shrubs and light fixtures and to avoid plant growth interference with the level of illumination. The use of reclaimed water for landscaping where available is encouraged.
68. Manufactured Slope Landscaping – In accordance with the City’s Grading Ordinance (TOMC Section 7-3.24), all new manufactured slopes shall be landscaped with drought resistant native plants materials including tree clusters and ground cover and provided with a permanent irrigation system throughout. Landscaping and an irrigation system shall be installed six (6) months following the completion of grading for the project. Prior to the issuance of a grading permit, landscaping and irrigation plans shall be submitted under separate permit for review and approval by the Community Development and Public Works Departments.
69. Landscaping and Irrigation – All landscaping shall be designed using xeriscaping techniques; i.e. drought-tolerant low water-using plants and as allowed in SP-22. The use of lawn, grasses, and turf shall be minimized.
Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
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Landscape irrigation systems shall likewise be designed using low-output sprinklers and/or drip automatic timed controls.
70. Landscape Planters – All landscape planters and fingers shall be planted with shrubs, trees and flowers subject to the review and approval of the Community Development Department.
71. Final Landscape Plans – The submitted preliminary landscape plan is approved in concept only. Prior to the issuance of a grading and building permit, final construction landscape and irrigation plans reflecting compliance with all imposed conditions of project entitlements shall be submitted under separate permit for review and approval by the Community Development Department through a Landscape Plan Check application.
Any landscape and irrigation improvements shall be designed and installed in accordance with the City’s Guidelines and Standards for Landscape Planting and Irrigation Plans (Resolution No. 2007-116).
72. Parking Lot Screen Wall – A combination forty-two (42”) high decorative headlight screen wall and undulated berming is required anywhere parking spaces face the street. Said wall shall be decorative incorporating the design and materials utilized on the buildings. A flat shoulder shall be provided from the end of the parking stalls and on both sides of the screen wall to allow room for car overhang and the installation of landscaping in front of the wall. Additional landscaping in lieu of the screen wall may be approved if it can be demonstrated that the parking lot can be adequately screened. Specific design of mounding and screen wall including landscaping planting shall be subject to the review and approval of the Community Development Department and the Public Works Department prior to the issuance of a grading and building permit.
73. Screen Walls – Screening walls facing Hampshire Road and Foothill Drive (along south property line) shall incorporate articulation and include a decorative cap. Such articulation may include landscaping hedges, pilasters, varying wall depths, etc. Prior to the issuance of a grading permit, such design shall be submitted for review and approval by the Community Development and Public Works Department.
74. Restriction of Light Poles – Light poles are prohibited at the ends of landscape fingers.
75. Retaining Walls – All new retaining walls shall be constructed of a decorative masonry material with a decorative cap or a concrete material to Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
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match the buildings subject to cut sheet detail designs submitted for the review and approval of the Planning Division. All retaining walls shall be limited to a maximum exposed height of six (6) feet and softened by landscaping. Where such walls are exposed to public view, horizontal articulation of varying depths shall be provided to break up a linear wall appearance. All new retaining shall be subject to review and approval by the Community Development and Public Works Departments.
76. Construction/Security Fencing – Prior to the issuance of a grading/building permit, the applicant shall install a temporary five (5) foot high chain-link fence within the limits of the proposed development area.
Said fencing shall be provided for purposes of maintaining security, as well as containing trash and debris on-site. The fence shall remain in place during all phases of construction and shall be maintained until no longer needed for trash and debris control as determined by the Community Development Department. The applicant shall be responsible for pick-up of trash and debris on a weekly basis during building construction operations.
77. Decorative Sidewalk Treatment – The use of decorative material such as rock, tiles, pavers or similar patterned material shall be provided at the main pedestrian entrance(s) to each building. The specific material(s) shall comply with ADA and Title 24 disabled access requirements for paths of travel subject to review and approval by the Community Development Department.
LIGHTING
78. Parking Lot Lighting – All parking lot illumination shall comply with the City’s parking lot standards as identified in the City’s Security Ordinance utilizing decorative light fixtures with parking lot light fixtures abutting residential properties at a maximum height of fourteen (14’) feet above grade level. Special design features within the light fixture, including lens and shielding devices, shall be provided to avoid an over intensity of illumination and to direct illumination in a downward direction. All lighting utilized shall be located within landscaped areas, three feet (3') from parking surfaces with twenty-four inch (24") high concrete pedestals. All pedestals shall be painted the same color which shall complement one of the main wall colors of the buildings, subject to the review and approval of the Community Development Department. Where pedestrian walkways occur, the height of these fixtures may be reduced in proportion to human scale.
Use of bollard type lighting for safety adjacent to driveways is also encouraged for pedestrian traffic circulation. All lighting attached to these Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
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features shall be decorative, oriented in a downward direction, and downward shielded. Prior to issuance of a parking lot electrical permit, a photometric analysis and light fixture catalogue cuts and specifications shall be submitted to the Planning and Building Divisions for review and approval.
79. Lighting on Roof Top Terrace – No roof illumination shall be permitted except as otherwise needed to comply with building security requirements.
The design and location of such fixtures shall be subject to review and approval of the Community Development Department prior to the issuance of a building permit. The rooftop areas shall be illuminated with wall sconces and shall not extend beyond the height of the parapet. Additionally, the rooftop areas may be illuminated subject to the following:
a) Cut-off shields shall be installed/maintained on each side of the light fixtures visible from the parapet wall perspectives;
b) Motion sensors shall be installed to limit operation of the lighting to times activity is detected on the rooftop areas. Lighting shall be off when no activity is on the rooftop; and
c) Stand-alone light standards shall not exceed 10’-0” in height.
80. Wall Lighting – Wall-pac type light fixtures at building entrance doors, loading areas, and outdoor areas within public view area shall not be permitted. Lighting may be provided by decorative downward shielded light fixtures, recessed in a downward direction from projecting canopies, recessed doorways, and window openings. Decorative architectural light fixtures shall be installed on the building walls. Light fixture cut sheets shall be submitted for review and approval by the Planning Division.
Architecturally designed fixed pendant and bracket light fixtures are permitted. The use of such lighting shall be designed to create a uniform illumination generally in a downward direction and not create illumination hot spots on adjacent surfaces.
81. On-building Light Fixtures – The applicant shall submit catalogue cut sheets and specifications for any new exterior light fixtures to the Community Development Department for review and approval prior to installation.
SIGNS
82. All Signs – All site and building signage shall be designed to meet the Architectural Guidelines for Commercial Projects (Res. No. 2005-011), Precise Plan of Design Guidelines (Res. No. 2006-108), as well as Title 9, Chapter 4, Article 23 of the Municipal Code and SP-22. The design, color Item No. 8A
CONDITIONS OF APPROVAL FOR LU 2021-70215; Z 2021-70216; SP 2021-70397; DAGR 2021-70399; DP 2021-70214; LLA 2021-70398; PTP 2021-70400; and EIR 2021- 70442
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